Wanting to take a vacation in the service, a person sometimes encounters a denial. The personnel officer says that the experience is not enough. It is calculated in accordance with Art. 121 of the Labor Code of the Russian Federation. It strictly indicates which periods are necessarily included in the experience. Naturally, it is desirable to know the content of this part of the legislation, since it directly affects the ability to take a break from work. Let's see what art. 121 of the Labor Code of the Russian Federation.
We study the text of the article
Before delving into the workings of lawyers and personnel officers, we will look at the contents of our document. The text is small. He talks about those periods of working time that are included in the length of service when a person is granted basic leave (paid, of course). The fact is that the employee has the right to rest at the expense of the enterprise as soon as he is enlisted in the service. This is taken into account in Art. 121 of the Labor Code of the Russian Federation. However, a person cannot immediately get a vacation. In order for him to be provided, you need to work at the enterprise for some time. It is the experience calculated for the provision of leave. It includes the time when a person actually worked, but not only. Situations at the enterprise are different. All of us are faced with the fact that, for reasons beyond the control of the employee, he is not allowed to perform duties. These are the points that are regulated by Art. 121 of the Labor Code of the Russian Federation. Comments on it are not large and do not abound with examples of litigation. This article is important rather for the personnel officer, who is responsible for making decisions regarding the rest of employees. He writes the texts of orders, according to which accruals of vacation pay are made. Therefore, I must very carefully consider all the nuances.
Mandatory conditions
In h. 1 Article 121 of the Labor Code of the Russian Federation is strictly regulated, what exactly is considered an experience for a vacation. In addition to the time devoted directly to the performance of official duties, it also includes periods when a person was removed from work due to illegal actions against him. For example, the employee was fired for a specific reason specified in the order. And the man managed to prove the illegality of the decision of the administration. The court decided to reinstate him. The period while he was forced to skip is included in the experience. This should be remembered and actively express their position. Believe me, the boss is not always right. Another art. 121 of the Labor Code of the Russian Federation obliges to take into account in the experience those days when a person was not actually engaged in work, but his place was reserved for him. For example, holidays. Indeed, most organizations do not work on such days. When calculating the experience, however, they are not thrown away. They enter it. The same should be said about the vacation period. They are also included in the experience. This refers to paid rest days. They are considered along with the period of labor. The same applies to absence from service due to illness, participation in military training, medical examination. Legislation gives the right to establish other standards by the relevant internal document or collective agreement.
Vacation at your own expense
Particular attention should be paid to this topic. The fact is that earlier days of unpaid absence from service were not included in the seniority for vacation. Now in the legislation there have been changes. So, if during the year you took at your own expense no more than fourteen days, then they are included in the required length of service. It is advisable for employees to keep track of these points. As a rule, for a month of work, one and a half to two days of vacation are laid. If two weeks fall from the experience, then a person loses at least a day of rest. For several years, the week will come.Therefore, ask the personnel officer about what calculation method he uses, is he guided by the current legislation. However, if you walked for family reasons for more than two weeks, then this time will not be included in the experience, and they will be right.
What is not taken into account when calculating the experience
Part 2 of Art. 121 of the Labor Code of the Russian Federation. In the required length of service, the personnel officer will not include absenteeism committed by the employee without good reason. In addition, it does not include the time when a woman (another member of the family) officially sits at home with a child under three years of age. The time when a person is removed from service in accordance with the provisions of Art. 76 shopping mall. For example, a person was forbidden to work due to the fact that he came drunk. This fact is issued by appropriate order. This day will not be included in the experience. The same thing happens when an employee through his own fault did not pass a medical examination, did not pass the necessary exam. It should be noted that the right to vacation does not depend on how many hours a day a person works. In part-time work, it is considered exactly the same as in normal activities.
Special conditions
Part 3, Art. 121 of the Labor Code of the Russian Federation applies to those workers who are employed in hazardous or hazardous industries. These people have extra rest. To provide it, experience is calculated separately. It includes only those days when a person actually worked in these conditions. In addition, the legislation even regulates watches. The experience includes days when an employee engaged in hazardous or harmful activities for more than half of his working time. And what kind of posts belong to those, is also written in the legislation.
Conclusion
The features of calculating seniority for vacations are not often discussed at enterprises. As a rule, people trust this to personnel departments. However, one should know one’s rights in order not to lose the benefits provided by law. Almost all days are included in the required length of service, except for those when the employee did not work due to his own fault. Most often controversial issues arise about sick leave. Days of illness confirmed by a special document are also included in the experience. We end up with the fact that the employee can ask for leave in advance, if this is not prohibited by the internal documents of the enterprise or by collective agreement. Agree, a wonderful norm that protects the rights of a working person.
