Most people prefer to relax in the summer. You can go to the sea, to the forest to pick mushrooms, work in the country, go kayaking on the river, go camping or spend more time with children who also have holidays at school and kindergarten. But is a summer vacation set for everyone? First things first.
Grounds for granting leave
The right to rest is enshrined in the Constitution of the Russian Federation in Article 37.
Article 122 of the nineteenth chapter of the Labor Code of the Russian Federation describes the procedure by which annual leave is given, its duration and grounds.
In accordance with article 123 of the Labor Code, the priority of provision is determined by the vacation schedule. It is compiled no later than 14 days before the new calendar year and approved by the employer.
Right to use
An employee who has worked continuously for 6 months with the employer is entitled to receive annual leave. In some cases, it is provided at the request of the employee and before the expiration of this period:
- to employees - before or immediately after the decree;
- minor employees;
- adoptive parents of a child (or children) who have not reached the age of three months;
- in some other cases provided for by the Federal Law.
Priority of Provision
As mentioned above, the provision of leave is based on the vacation schedule approved by the employer. The schedule is required for compliance by both the employee and the employer. 2 weeks before the vacation, the employee is notified on receipt about the time of its start (article 372 of the Labor Code of the Russian Federation).
However, certain categories of workers are entitled to rest at the time they need, including in the summer.
So who is supposed to have summer vacations by law?
Categories of employees with priority right to rest
The Labor Code of the Russian Federation and some regional and federal regulations provide certain categories of citizens with such a right, including to rest in the summer months.
Who should take a summer vacation in the first place:
- for men, if the spouse is on maternity leave in the summer, they can take annual leave of their choice, moreover, regardless of their length of service;
- women - before or immediately after the decree, if time falls on the summer months (articles 122, 260 of the Labor Code);
- adoptive parents of a child (several children) up to three months of age, if the adoption is in the summer.
These categories of workers are granted leave upon their request, regardless of the leave schedule approved by management.
Who is also entitled to a summer vacation:
- minor employees (articles 122, 267 of the Labor Code);
- persons involved in the aftermath of the Chernobyl nuclear power plant; persons with disabilities;
- invalids of the Second World War and other military operations (Law No. 5-FZ, Article 14);
- war veterans (law No. 5-FZ);
- spouses of military personnel so that their leave coincides in dates (law No. 76-FZ, article 11);
- Heroes of Russia, Heroes of the USSR (Law 4301-1, Article 8);
- parents with many children (Presidential Decree No. 431);
- military personnel who are large parents of children under 16 years old (3 children or more);
- persons who are honorary donors of Russia and the USSR (Law No. 5142-1, Article 11);
- persons who are honorary employees of the antimonopoly service of Russia;
- combining work with studies in educational institutions (article 177 of the Labor Code);
- part-time citizens, if vacation at the main job falls during the summer months;
- teachers of schools and all other educational institutions during the summer holidays;
- women or single men with two or more children under the age of 12;
- a single soldier with a child under 14 years old.
Also, those who are entitled to vacation in the summer include workers recalled from annual leave. They can catch him at any chosen time this year or next by joining a vacation.
Is a summer vacation for the mother?
This question is not straightforward. The Labor Code of the Russian Federation does not spell out a separate rule obliging the employer to provide parents with leave at the time they want. But article 423 of the Labor Code allows the use of other legal acts, including orders of the Council of Ministers of the USSR.
The resolution of the USSR Council of Ministers adopted more than 30 years ago is still valid today, which is confirmed by judicial practice. It is about the rest of mothers of two or more children under 12 years old. Thus, a mother who has one minor child does not have the right to apply for rest exclusively in the summer, and the mother of two children under 12 years old has the right to choose the right time.
Decree of the Council of Ministers of the USSR No. 2275r of 10.30.1985 gives the same right to single fathers.
Realization of the priority right to rest in the summer
In most cases, the law gives a guarantee to an employee who has the right to choose the time of rest first, that his opinion will be taken into account when scheduling. However, a large work team does not always agree with who should be given summer leave in the first place.
To some extent, these benefits dictate conditions to the employer. However, he has the right to set up a vacation schedule. Therefore, it is in his interests to reflect some benefits in a collective or labor contract with a certain employee.
In general, the current judicial practice allows employees who have the right to rest at a convenient time for them to unilaterally change the vacation time without relying on a schedule.
Therefore, summing up, we can recommend employers to meet the preferential category of workers who are entitled to summer vacations if they need to change the vacation time schedule. If it is not possible to provide rest during the period requested by them, then it is better to agree on another time, and not refuse in a categorical form.