Do you take another vacation every year? Not everyone enjoys the legal right to rest. What to do in this case is indicated in Art. 126 Labor Code of the Russian Federation. It is its provisions that provide clarification on this issue. And they are important for the worker and the employer, as they are related to financial issues. Let's see in what order the vacation is replaced with monetary compensation. When it is lawful.
We get acquainted with the content of legislation
We will not cite fully Art. 126 Labor Code of the Russian Federation. It is easy to find and learn on your own. In general, the article is divided into four paragraphs (paragraph). Each has a serious semantic content. First of all, Art. 126 TC RV provides an opportunity for those who wish to work without being distracted by leisure. But not all the time. Vacation is nevertheless necessary for the person to provide. This is his inalienable constitutional right. But, if there is such a desire, a person may not walk for a full period and receive a certain amount for the remaining days. However, replacing vacation with monetary compensation is not possible for some categories of citizens. And do not be indignant. Pregnant and minors are required to take care of their health. If they themselves do not understand this, then the law tells them and their superiors. In addition, Art. 126 of the Labor Code of the Russian Federation prohibits the deprivation of the prescribed rest of those people who work in hazardous industries. They need more time to restore a good condition of the body. Therefore, you can’t take money and continue to work.
Compensation leave limitation
The first paragraph of the article under study strictly states that it is impossible not to provide the employee with rest at all. This norm is twofold. It is obligatory both for the worker and for the administration of the enterprise. Compulsory leave, which in no case is not compensated, is 28 days. Anything that exceeds this rate can be paid.
By the way, it should be noted that not all employees are given the opportunity to take such a long walk. The owners of the enterprises are well acquainted with the legislation and do not want to lose income due to the expansion of the social package. But we are interested in something else. Often there are situations when a person voluntarily works without rest for years. Such cases are faced by personnel services. What to do when an employee asks for remuneration for unused vacation days? How to count? This question seems complicated to many. We’ll quickly take it apart now.
About mandatory 28 days
We study art. 126 of the Labor Code of the Russian Federation with comments. It should be noted that only experts whose opinions can be guided are officially interpreted as such documents. Our article states that it is impossible to compensate for the main vacation in the amount of twenty-eight days. If the non-holiday period has been accumulating for several years, a very simple question arises for the administration: why did this happen? An employee should provide mandatory time for paid rest. The personnel officer missed, the man himself did not want to - the leader is to blame. The law strictly prohibits keeping an employee in production without a break for rest. Therefore, it is necessary to make him walk twenty-eight days for each period. Not right away, of course. This is regulated by another article of the TC. It is impossible to do otherwise. If you pay him money, then make yourself trouble. After verification, special services will consider them spent unreasonably, followed by a trial and a fine.
What can be compensated so as not to suffer?
Everything is simple.See what annual paid leave is required for an employee. Rather, all periods - and the main, and additional. Take away our treasured 28 from the total number of days. The rest in the given period can be replaced by cash payments. If every year your employee walked for the prescribed 28 days, and additional periods accumulated, then they are allowed to compensate.
By doing so, you will not break the law. The case is not as complicated as it seems. It is only necessary to carefully read the legislation, and not rely on the content of a separate article. It is impossible to give links to the whole shopping center in each. And the solution of specific issues often depends on knowledge of all the provisions of the law. Naturally, do not forget about preferential categories. Very difficult with pregnant women. After all, not every woman at the first sign of an interesting position shares the news with her superiors. Practice shows that conflict situations associated with this issue rarely occur. Vacation compensation trials are ongoing. But basically they are initiated in relation to the inspection bodies that have identified certain violations. Workers are often unaware of this right. Therefore, do not try to implement it.
Conclusion
It will seem to many that TC is written in favor of the employer so that he does not part with the money. However, this will be completely wrong. Laws are written, no matter how surprised you are, in order to protect the worker from his superiors. And the main in this perspective is the organization of protecting human health, the implementation of its constitutional rights. A person may not understand how important this is. But disobeying the law will fail. Will have to go on vacation involuntarily, no matter how funny it may look!
