Article 125 of the Labor Code of the Russian Federation "Separation of annual paid leave into parts. Review from leave": comments and features
All working citizens have the right to rest every year from their working days. At the same time, the law retains for the employee his place, position and salary. Many would like to rest a month, but art. 125 of the Labor Code of the Russian Federation involves the division of legal rest.
What is vacation
Thinking that you can rest only once a year and then on schedule, you can make a big mistake. Consider what are the holidays:
- Annual vacation.
- For employees of schools and preschool institutions.
- Without saving salary.
- For workers adopting a child.
- For the care of the baby.
All of the above types of leave, with the exception of the fourth paragraph, are paid.
The right to rest
An employee’s leave is usually at least 28 days. The exception is the rest of teachers and educators, whose legal leave is 56 days.
Holidays are calculated on the basis of the six-day work week. Holidays that fall on vacation are not considered and not paid.
Legal rest can be granted from the moment a citizen has been working at the main place of work for half a year.
In accordance with Part 1 of Art. 125 of the Labor Code of the Russian Federation, the leave may be divided into parts by agreement of the parties, but one of its parts must be at least two weeks.
If this fact is violated, the employee can safely complain to the labor inspectorate. The management of the organization can make more vacation itself, but not reduce it.
If an employee or a manager, having come to an agreement, divides the allowable leave, then the second and subsequent parts of it can be used and fragmented by the employee at his discretion.
The division of legal holidays can occur both at the initiative of the employee and at the suggestion of the director of the organization. In this case, if the employee decided to divide his leave into parts, the manager has no right to cross him.And if the head of the company decided to divide the employee’s leave, he is obliged to ask the latter’s consent.
Consequently, no internal company schedules or documents can determine the employee the minimum number of days to rest. They should be at least 14. In addition, the employee chooses how he will share his vacation. Art. 125 of the Labor Code of the Russian Federation and other articles of the Code regulates this legal right.
The legislation regulates and review from vacation. TK RF, Art. 125, allows interrupting vacation, withdrawing an employee only with his consent. At the same time, those days that the citizen did not manage to otgulyat, should be given to him at a convenient time for him or added to the next vacation period.
But since in workdays there are also force majeure, the management of the organization has the right to call an employee:
- When conducting an unscheduled inspection or revision.
- Emergency or accident.
- The dismissal of the employee who replaced the rest.
- Emergence of an emergency situation, which can be resolved only by a specialist who is currently on vacation.
There are a number of other compelling reasons why vacation can be interrupted. In any case, the head is obliged to lucidly explain why a person should interrupt rest. And most importantly, the reason for early return to work should be reflected in the documents.
It is forbidden to withdraw from holidays:
- Persons under the age of majority.
- Pregnant women.
- Employees working in hazardous or unhealthy conditions.
According to Art. 125 of the Labor Code of the Russian Federation and other provisions of the Labor Code, it is possible to interrupt an employee’s rest if:
- The employee has given his consent to the termination of leave.
- The consent of the employee is made in writing.
- The citizen was granted the right to dispose of untidy days at his discretion.
- Issued an order to go to work with detailed circumstances of the recall.
- Accounting employee recalculated vacation pay.
How can I use days from interrupted vacation
If art. 125 of the Labor Code of the Russian Federation allows for the withdrawal of employees from vacations, which means that there should be a regulation on how to use such unsuccessful days for such an employee.
Russian legislation offers several options:
- Go to the pursuit of legal holidays, if the feedback on the production needs came to an end and the employee’s stay at the workplace is no longer required.
- Use the remaining days until the end of the year at a convenient time.
- Increase your next annual vacation for the number of days that were not caught up.
- Write an application for monetary compensation for unspent vacation days. This option is possible if the review came on additional vacation days.
Comments on the article
Art. 125 of the Labor Code of the Russian Federation with commentaries and other labor laws oblige the employer to extend the leave to an employee if:
- During the rest, the employee fell ill.
- During the leave period, the employee fulfilled state obligations (this fact is valid only when the law provides for exemption from work).
- In other cases that are provided by law and regulations of the company where the citizen works.
The Labor Code also provides for the transfer of annual leave in cases where:
- The employee did not receive on time monetary compensation for the vacation.
- The employee was warned about the start of vacation in less than two weeks.
- The upcoming vacation period may adversely affect the current working process (in this case, in exceptional situations, vacation is transferred to the next year).
How does the Art. 125 of the Labor Code of the Russian Federation, an employee’s leave can be divided into parts, and one of them cannot be less than two continuous weeks.
It is not legislatively decided on how many parts the employee can divide the remaining days. But with the mutual agreement of the employee and the employer, the employee can rest twice a year for two weeks or divide the remaining 14 days into weeks and sometimes by days.
According to Russian law, all citizens have the right to rest after six months of work. In this case, the vacation should last at least six days.
The recall from the holiday can also be considered as its division into parts, the initiator of which is the employer. Every employee of any organization should know that the head of the organization has no right to interrupt the leave, and the employee’s refusal to return to the workplace during recall cannot be a violation and be punished with penalties.