Vacation should be granted annually to every citizen working in a company on an official basis. The standard size is 28 days, but the duration of this period may increase for teachers or other specialists working in specific areas. Typically, companies compile a vacation schedule, on the basis of which citizens go on vacation. But often employees have to face the fact that they are not let go by management. Can an employer refuse a vacation? All the rules, on the basis of which any employee of the company can go on vacation, are prescribed in Art. 122 shopping mall.
Legislative regulation
Based on Art. 122 of the Labor Code, each officially employed citizen can take annual leave. It is provided every year, with a minimum duration of 28 days.
There are extended holidays that specialists in specific fields of activity can count on. These include deputies, municipal employees, retirees, minors, teachers, doctors and other categories of citizens specified in the legislation.
For each employer, leaving a specialist on vacation is considered an unpleasant moment, as the activity of the entire company slows down. Therefore, often a special schedule is formed in the company, on the basis of which rest days are provided to all full-time employees. This document is official, therefore, all participants in the employment relationship must follow its provisions. All employees of the enterprise and the employer sign on this document, and it is also agreed with the union.
If the employee is not satisfied with the time allocated to him on the basis of the schedule, then he can transfer this period to a suitable time period.
How to leave an employee on vacation?
In order to exercise their right to annual vacations, each employee of the enterprise must understand what actions they must take to do this. To do this, you need to write a statement drawn up in the name of the director of the organization. This document must contain the following information:
- data about the employee who wants to go on vacation, and this includes his F. I. O. and position in the company;
- the type of the issued vacation is indicated, which may be the next paid, at one’s expense, academic or any other;
- the period during which the citizen will be on vacation is prescribed, moreover, for this it is desirable to indicate the specific date of the start of the vacation and the date of its completion;
- at the end is the date of the application.
It is advisable to transmit such a statement to the management of the organization directly two weeks before the direct exit to rest.
Can an employer refuse a vacation?
In some organizations, employees often have to deal with management misconduct. Therefore, they are interested in whether the employer has the right to refuse vacation. Although each employee has the right to a break in work for several weeks, nevertheless, the law establishes certain situations in which the director may not let the specialist go on vacation.
All these situations should be officially confirmed and correctly executed. A simple oral refusal is not allowed, as the employer really must have good reason.
Reasons for refusal
Can an employer refuse annual leave? Refusal is allowed in the presence of the following grounds:
- the specialist signed the vacation schedule drawn up at the beginning of the year, but wants to go on vacation at another time;
- An application for vacation is drawn up by an employee who has worked in the company for less than 6 months, but under such conditions, rest is granted only with the consent of the employer;
- a vacation application is drawn up, followed by dismissal, and the employer may refuse such action and insist that after the vacation the specialist goes to work and has worked for the prescribed two weeks.
Making a vacation with subsequent dismissal is considered a common procedure, but the adoption of such a statement is a right, and not an obligation, of company executives.
Refusal of rest on schedule
Can the employer refuse to leave if the employee wants to go on vacation based on the existing vacation schedule? Even in this case, the legislation provides for such an opportunity in the presence of some significant reasons. The main features of the process include:
- at the enterprise, conditions must be formed under which the exit of a specialist to rest does not lead to negative consequences for its functioning;
- if a certain employee is really constantly required in the company for the implementation of a large project, then under such conditions, the transfer of vacation to the next year is allowed;
- the replacement employee is on sick leave, so it is impossible to put another specialist in the workplace.
All of the above situations must be proved by official documents. At the same time, the employee receives a reasoned refusal to provide rest days from the management of the enterprise.
Who is impossible to refuse?
Can an employer refuse to grant leave? If he has good reason for this, then this situation is considered legal. But at the same time, there are certain employees whom it is impossible to refuse in connection with the requirements of the law. These include citizens:
- minor employees;
- employees who have not been on official leave for two consecutive years;
- hazardous workers;
- war veterans;
- pregnant women who work in the company before the direct decree;
- people studying at the university, so they regularly need study leave to pass the session or other purposes;
- citizens raising small children alone;
- military spouses;
- Specialists working in part-time companies;
- representatives of children with disabilities;
- people with the title of honorary donors.
Can an employer refuse vacation to such workers? If an employee belongs to any of the above categories of employees, then the refusal is unlawful, therefore, specialists can file a complaint with the labor inspectorate or even file a statement of claim, the main requirement of which is to receive compensation for the moral damage received.
Refusal of unpaid leave
For various reasons, employees can arrange holidays at their own expense in any period of time. The employer cannot, without good reason, refuse to issue such a vacation.
There are some employees who can arrange such days of rest at any time without the consent of the employer. These include:
- officially working retirees;
- citizens with any disability group;
- war veterans;
- out-of-staff police officers;
- people married less than a year ago;
- citizens raising small children;
- people whose relatives die.
Is the employer entitled to refuse such leave at his own expense to such citizens? These employees, by law, should not even be interested in the opinion of the head of the company, therefore, after submitting the appropriate application, they can go on vacation.
All other citizens may be denied the head of the enterprise to provide recreation at their expense. Such a decision will be competent and legal. The only way out of this situation is to find a common language with the employer.
Under what circumstances is compulsory leave issued?
There are situations when an employee can count on rest even outside the vacation schedule. To do this, he must have evidence of the occurrence of certain events. These include:
- official marriage;
- birth in the family of a child;
- relative's death.
Can an employer refuse to leave an employee with the above reasons? The refusal will be unlawful, therefore it can be challenged in court or even hold the employer liable for violation of the requirements of the Labor Code. In the above situations, an employee is issued at least 5 days to resolve personal issues.
Difficulties often arise in determining who is a close relative. There are no clarifications in the TC, therefore, usually such issues are resolved between employees and employers. Close relatives usually include spouses, parents, children, grandparents, as well as sisters and brothers. For the funeral of these individuals, several days can be issued during which the employee may not come to work. Typically, business leaders do not require official confirmation of the death of relatives, but if there is an unpleasant relationship between the director and the employee, you will have to prepare a copy of the death certificate.
Nuances of vacation registration as agreed
No matter what time a citizen works in the company, he can get several days of rest in the presence of serious family circumstances. Is the employer entitled to refuse leave? If such requests are too frequent and certain harm is caused to the organization, the employer may refuse the request.
This procedure is governed by local regulations and internal documents of the organization. The management of the organization may require evidence that the reasons for arranging such a vacation are truly valid.
Maternity leave policy
Can an employer refuse maternity leave? Such a refusal is not allowed in any case, since pregnant women are obliged to go on vacation for 30 weeks. Work from this period is dangerous, as there may be problems with the health of the woman and the fetus. A vacation is assigned on the basis of a special certificate from the hospital, where an additional certificate of disability is prepared.
If the employer does not want to let the woman go on maternity leave, this is a serious violation of the requirements of the Labor Code and women's rights. Therefore, she may complain to the labor inspectorate, prosecutor's office or court.
Can an employer refuse a pregnant woman leave before maternity leave? Even such a refusal is unauthorized, so the employee can rest at any time regardless of the reasons. This is usually due to the need to comply with bed rest.
Study Leave Rules
Some citizens working officially in different companies study in different educational institutions. Most often, extramural studies are selected for this. During study, it is necessary to take sessions, so at least twice a year you need to arrange study leave. Its duration depends on the rules of the institution itself, so the period cannot be transferred by the employer.
Can an employer refuse school leave? Such a refusal will not be legal, therefore, it is enough for the employee to take an appropriate certificate from the university, on the basis of which an order is issued to send the employee on study leave.
What controversial situations arise?
Each employee must understand whether the employer can refuse leave, whether he has the right to such behavior. The ability to assert your rights depends on this. In practice, there are often situations when business leaders refuse to rest, even if the citizen has good reason.If the employee still decides not to go to work, then this may lead to disciplinary action against him for absenteeism. Such actions can be challenged when applying to a court or labor inspectorate.
A controversial situation is when a worker asked for a vacation due to the need to undergo inpatient treatment, but he did not have documents confirming health problems. The head does not believe the employee, therefore, refuses to rest and dismisses for absenteeism. The employee can apply to the court with documents confirming that he is really in the hospital, so he could not come to work. The court will take the side of the citizen, therefore, it will cancel the punishment.
Conclusion
Every person officially working in a company should know well whether the employer has the right to refuse leave. The ability to assert one’s rights and file complaints with the labor inspectorate or court depends on this.
The employer may have grounds for refusal, but if the employee needs to get several days off for good reason, he can prove through the court that it is unlawful to impose disciplinary sanctions on him for absenteeism. Additionally, a complaint may be filed with the labor inspectorate, on the basis of which the company is inspected. In case of violations, the company is held liable.