How to take a vacation? How correctly to calculate the period of labor holidays

Leave for most working people is the most enjoyable time throughout the year. How to conduct it, many begin to plan for another six months. But, despite the general pleasant feeling of waiting, some questions even a pleasant phenomenon, like the holiday period, are aroused. How to count its duration? And what if the employer refuses to provide it? Can an employee refuse to give leave? Who is guaranteed the right to rest? And what can we say about foreigners or those people who do not have citizenship at all? How to count holidays on holiday? What documents are issued at the enterprise before sending a specific employee to rest? How to count the vacation in May, as in the month that is characterized by the greatest number of unscheduled holidays? What is the role of the experience in determining the duration of leave? How to calculate compensation for vacation? How is the order on vacation prepared? When should the appropriate graphs be created? Be attentive: the answers to all the above and some other questions will be given in the most detail in this article.

The right to leave

Any workers who legally work on the territory of the Russian Federation have the right to annual rest (and this applies both to citizens of the Russian Federation and to foreigners). This applies to those who cooperate with organizations, institutions, enterprises, whose form of ownership, however, does not play a role, like the industry and the type of professional activity. Equally, this applies to those who work under a contract for an individual.

What exactly is the right of employees to leave?

• The prohibition of the possibility of replacing an annual holiday with a certain compensation in cash. Exceptions are cases specified in the current legislation.
• Guarantee of giving each employee a period for rest, the duration of which is affected by a number of factors. At the same time, his place of work and salary level will be preserved.

How to take an unused vacation?

It happens that the employee does not use the provided rest. There can be many reasons for this. For example, how to count a vacation on leave? Many are very concerned about this issue, as employers often strive to neglect the employee's rights in this regard. It is important to know that if an employee desires, he may be granted leave, which he did not have time to use. What date will be the day of dismissal? The last day of vacation. It is then that all the proper funds must be paid to the employee. Now you understand how to consider a vacation when you leave. This is easy if you understand some of the nuances.

How to calculate compensation for unused vacation? It depends on the rate of the employee, as well as on the total amount of money that would have to be paid if the rest time was used previously provided for.

And what if the employee did not have time to take leave, and the term of the employment contract has expired? Such an employee can still use it, even if it exceeds the duration of the contract. And its effect is artificially prolonged for the entire holiday.

If the employer refuses to provide his employees with rest prescribed by law, this is a direct violation of the rights of company employees guaranteed by the state. For this, a certain responsibility is assumed.

There is no statute of limitations that makes unused vacations void. If an employee has not had the opportunity to exercise his right to leave for several years, he can do it once for all unused time if he wants. And in the case when such an employee decided to resign, the management of the firm should pay the appropriate compensation.

Determination of the duration of holidays

How to take a vacation, i.e., to determine its duration? First, it is calculated in calendar days. At the same time, the schedule of the organization itself is not taken into account.

And if the holiday falls on a holiday, how to count? Such non-working days are not included in the total duration of leave - both annual and additional. However, this does not apply to weekends. So, for example, many people have a question about how to count the days off in May. This month is characterized by the instability of the working schedule. So, if your vacation begins, for example, on April 30 and lasts for 24 days, then it is necessary to add to the length of your holidays in calendar days as many days as your company's holidays are allocated to your employees as holidays. Thus, to go to work will be required on May 24, and 27. Calculations are extremely simple. Now you understand well how to count a vacation in May.

Remember that this calculation mechanism is universal. You can use it in any month if your holiday is on a holiday. How to count, we figured out above. If you have any doubts, you can specify the information in your personnel department.

Types of holidays

To understand how to take a vacation, it is important to understand what kind of a kind you are dealing with. For example, there are several types of annual holidays. Among them are the following:

• Basic annual leave;
• Additional vacation days for the specific nature of work;
• Additional rest for work in harmful and difficult conditions;
• Other types of leave that were previously provided for by current regulations.

Annual main leave

Absolutely any employee who is listed on the enterprise has the right to this type of leave. How to take a vacation of this type? According to the law, it can not be less than twenty-four calendar days. However, for some groups of employees, an annual rest is provided for a much longer duration.

The order of granting of holidays

This point is also important in order to figure out how to count the days off.

It is necessary to take into account that additional leave can be given both together with the main one and separately from it within one working year. However, their total duration can not exceed 59 calendar days.

In order to get the right to leave on a new place of work, it is necessary to work there continuously for at least six months. However, in some cases it is possible to go on vacation earlier. To which groups of workers does this relate?

• People with disabilities.
• Minors.
• Those who work part-time.
• Women before or after maternity leave.
• Employees-students at the time of the session.
• Women who have at least two children under the age of fifteen or a disabled child.
• Employees who were issued a permit for treatment in a sanatorium.
• Men whose wives are currently on maternity leave.
• Parents who are educators in children's homes of a family type.

Holiday schedules

As a rule, it is the management of the enterprise that participates in the formation of the order of the employees' exit on vacation. The process takes into account the personal requests of employees, the production need and the existing opportunities for recreation of employees. It is important to remember that the schedules should be compiled no later than the fifth of January of the year under review. This document can be drafted in an arbitrary form, since there is no single standard established by law.

The schedule will require you to fix the specific holiday framework (certain dates, the month of the beginning and the month of the end).

If both sides of the contract are satisfied with this situation, then vacation can be planned in parts.

The specific period for granting annual leave within the limits established by the schedule is agreed between the employee and the employer who is obliged to notify the employee in writing about the start date of the holiday not later than two weeks before the deadline set by the schedule.

Only the employer can grant leave or not to do so. So, if the employee himself does not want to leave to rest, the boss can, without his desire, issue an order to grant leave. The employee will have to comply, because failure to comply with management orders entails disciplinary responsibility.

However, there are some categories of employees who are granted the right to go on vacation at a time convenient for these employees. These include, in particular:

• Minors;
• Women before or after maternity leave;
• Disabled people;
• Wives of servicemen;
• Parents who are educators in family-type children's homes;
• Veterans of labor;
• Veterans of war;
• Women who are mothers of two or more children under the age of 15;
• Workers who have special labor merits before the state;
• Women who bring up a disabled child;
• Employees who have special merits before the state;
• A parent who alone brings up children;
• In all other cases provided for by current legislation.

The order on holiday

Any type of leave must be formally formalized with the help of a special order, which is drawn up according to a special form established by law.

This document is provided to the superiors in two separate copies. One of them is given to the personnel department, and another is given to the accounting department. It must necessarily be signed as the immediate head of a particular employee, and the manager of the entire enterprise as a whole.

In the order it is necessary to indicate for which working year the vacation is taken and how long it is planned.

Calculation of experience

The way in which a vacation is considered is also affected by the length of the work experience the employee has. So, it is important that at least one year has passed since the conclusion of the employment contract.

So, what is included in the experience?

• First, the time the employee performs his direct production duties (that is, actual labor). It is taken into account even under part-time work.
• Secondly, the period when the employee did not work in fact, but the post was kept for him in accordance with the basic requirements of the law.
• And how to count the leave to care for the child? Does he include in the experience? No. This period is an exception.
• The time when the employee was studying at a university in conditions of separation from production.
• Some other situations that were stipulated by law.
• Time of work in dangerous or harmful to health conditions.
• Time of holidays for work in special, difficult or dangerous conditions.
• The time for women to work in a position that, for medical reasons, was transferred to an easier job.

Transfer of vacation

The employee's annual vacation can be transferred to another period both at the request of this employee and in connection with the production need.

So, directly the employee can demand such in the following cases:

• If the employer has notified the employee too late when he will be granted leave;
• If the manager failed to pay the employee a monetary reward, which he must receive for the period of his leave (at least three days before his start);
• If the employee has become disabled;
• If the time of release due to the onset of pregnancy or directly by birth has come;
• If the employee performs certain important public or state duties;
• If the leave for training activities and annual leave coincide in time.

Division of leave into parts

Such a procedure must necessarily be carried out on the condition that the employee's desire exists. However, one of its entire parts must last at least two weeks (counting calendar days). It is not required that it must be the first. However, the division of leave into parts is only an opportunity, and not an obligation of the employer. Sometimes, production circumstances do not allow you to do this in a way that an employee wants. In this case, the employer may not agree to the conditions offered by the employee.

And how to count the days off, if the employee is called to work during this period? Such situations are not uncommon, we'll talk about them later.

Feedback for work during the rest

What if the management requires that the employee go to work during his vacation? How to take a vacation in this case?

Legislation provides for this possibility, however, it also establishes a number of conditions that must be complied with without fail. For example, the following:

• Absolute agreement of the employee being called;
• Part of the leave, which has not been interrupted, must be at least fourteen days;
• That part of the vacation time that has not been used must necessarily be provided at any other time of the year or immediately after all the reasons for his presence at work during the holidays have been eliminated; This should be agreed with the employee and fully arrange it.

So, for what reasons can an employee call for the continuation of his duties at the enterprise during the holiday? Among them are the following:

• In order to prevent simple equipment, the occurrence of accidents, damage to the property of the enterprise or loss of life;
• In order to prevent the onset of the consequences of a natural disaster, and to prevent or eliminate the consequences of any industrial accident.

Conclusion

This article was designed to help you figure out how to properly consider a vacation. Now, it seems, it became obvious that this is absolutely uncomplicated. The main thing is to remember which nuances should be taken into account. Among them, for example, we can distinguish the following:

• The total duration of the basic annual leave (which is affected by the total length of service, special personal circumstances, the period of work at a particular enterprise);
• The presence of holidays in the period of the planned rest (especially important for those who go on vacation in late December - early January, as well as in May);
• Unused vacation of previous years (can be summed up and used later at a time or in parts).

Today we have found out that the minimum guaranteed by the legislation the duration of leave should be not less than twenty four calendar days. At the same time, the duration of rest increases, if for this period any national holidays fall. Also, some groups of employees are entitled to additional vacation time. These, for example, are those who work in dangerous, harmful or extremely difficult conditions.

It is also important to remember that vacation can be divided into parts. As a rule, two. Most of them should not be less than fourteen calendar days. However, this situation becomes possible only if both parties (both the employee and the employer) have reached an agreement and found a compromise, since in this case it is necessary to take into account not only the wishes of the employee, but also the production capabilities and the need (if the employee is not replaced by someone , And he must fulfill his direct job duties in the period that he chose for his vacation, the employer has the right to transfer it).

So, in this article we discussed all the issues that caused the holiday period: "how to count", "who is put on an annual leave", "what if the employer refuses to give the employee time to rest."

Respect yourself and protect your rights. For this it is extremely important to know well what exactly you have the right and what duties the employer has to you. This will help to avoid wrongful treatment of you as an employee. However, also for your part, comply with all relevant norms of law contained in regulations.

And let your annual vacation brings you and your loved ones only the most positive emotions!