Many subtleties and nuances must be known to a person who is honestly employed. As you know, the relations of subordinates and superiors are regulated by a special document, namely, the Labor Code. Only people rarely study this book. Therefore, they need additional information on specific issues. Let's discuss one of these: non-vacation holidays. What it is? What to do to realize all your rights?
What is a vacation?
We begin to understand in order. According to the Labor Code, each employee has the right to rest. This is the time for which a person receives payment, not fulfilling his duties. It is enshrined in law. As a rule, leave lasts twenty eight calendar days. Note that there are other conditions. But in our case they are not fundamental. Non-vacation holidays are days of rest for which the employee was entitled, but did not use them for any reason.
For example, the pace of production is such that it is impossible to leave. Or the person himself does not want to be distracted from the work process. In principle, the cause itself does not really matter. It is important that non-vacation leave should be taken into account and recorded. As a rule, the personnel service or accounting (in small enterprises) deals with such issues. The employee, however, has the right to demand that management exercise their legal rights. Moreover, he was given the opportunity to take rest days or get money for their pass.
When does a vacation get unalloyed?
This issue is also considered in the legislation. The period of the next rest itself is provided for the calendar year. That is, for twelve months the employee works, for this period he is calculated vacation. It is called the next. You can ask about it (in writing) after your experience in this production reaches six months. Legislation can not refuse leadership to you. In the case when a person worked for a year from the day of employment and did not rest, they say that he has a non-holiday leave. It, by the way, should be provided upon request. References to employment, irreplaceability or the like are prohibited by law. In real life, it happens differently. Not every person wants to swear with his superiors. You can lose your job! They try to find such a way out of the situation so that all those interested are satisfied.
About compensation
Now let's talk about money. Some workers sometimes panic. Someone told them that non-vacation holidays are burned out. And the poor people are persistently trying to get their bosses off. It’s good when it goes towards. But what to do in a different situation? In fact, one thing must be firmly known: no one can cancel the rights fixed in the legislation. Except, of course, tricks that save salary fund.
But it’s quite possible to find a council on them. If an employee does not rest for years, then he is entitled to compensation for the vacation. You can get it, but not always. There are special conditions, by the way, aimed at protecting the health of workers. Legislation is designed so that employers cannot exploit people. In fact, there are special bodies that control this process. However, all enterprises lack their attention. But the employer must ensure that all employees rest on time. If, for certain reasons, this does not happen, then compensation for non-vacation leave may be charged.
Special conditions
Now we come to the main thing.Compensation for vacation is accrued when a person leaves. This is a prerequisite. Moreover, the personnel officer dismissal order must indicate all the holidays that the employee did not use. There may be several: regular, additional, special. They are sometimes interested in whether it is possible to get money without dismissal? Yes. But compensation for non-vacation time can be paid if the employee used at least half of the set rest period. In our case, he is required to walk fourteen days. Then he can be paid compensation for the holidays, except for the main one. The legislation thus prevents the employer from forcing people to work without rest. Although sometimes it seems that this provision of the TC is directed against the employee. In fact, this is not so. Here, the right to rest is upheld.
Vacation Leave Application
Ask the authorities about the rest should be in writing. The application shall indicate, in addition to personal data, the period for which the leave was laid. Naturally, you need to indicate the date from which you want to start using it. Be sure to indicate that the vacation is unused. This word ideally acts on the boss like a magic wand. That is, he cannot refuse. If even in this case you do not get the desired weekend, then feel free to contact the court. Unfortunately, there is no other way to influence the violating employer.
Compensation Application
This document should reflect information on the terms and types of vacations. In addition, try to explain the reason why you want to receive money. It is desirable that she be respectful. For example, money is needed for a wedding, training, or treatment of relatives. As a rule, in such cases, the employee is welcomed. But the types of vacations and the dates for which it was due to you must be reflected very clearly. By the way, they can be different. Often the bosses try to avoid money spending. In this case, if you do not want to change your job, then think about a lawsuit. And it’s better to talk to the management about it. He will quickly pass the desire to save on your rights.
Non-vacation leave upon dismissal
This issue is also desirable to control. An employee should know how many vacations he has accumulated. Compensation must be accrued (and paid) for each day. No one has the right to take these funds from you. Payment is made out without fail documented. That is, a special clause is included in the dismissal order, containing detailed information on the number of days left and the duration of work. All of this should be checked. The employee is required to put a personal signature in this document.
Therefore, the opportunity to get acquainted with it in detail will be. If you were shown a document that does not contain information about compensation for holidays, then immediately ask why. It is necessary to find out everything on the spot. Do not agree with the arbitrariness of the employer. Again, when he does not want to fulfill his statutory duties, bring the application to court or law enforcement. This requires a work book. The rest will be provided by an unscrupulous “exploiter”. By the way, it rarely comes to such a development of the situation. The execution of the shopping mall is monitored very strictly.
