There are issues in the employment relationship that are considered minor and not particularly important. For example, the order of granting basic leave to employees. All the nuances of the solution are described in Art. 123 of the Labor Code of the Russian Federation. At many enterprises, its provisions are later on. Yes, and what a sin to hide, sometimes they completely forget about the existence of such an article. But in vain. She was invented so that there would be no disputes in the team, insults to the bosses. Let's see what Art. 123 of the Labor Code of the Russian Federation. "Vacation Schedule" - as it is commonly called among personnel officers.
Basic meaning in simple words
Surely it is not necessary to cite the full text of Art. 123 of the Labor Code of the Russian Federation. Anyone will find it in the Labor Code. The document is not secret. We will describe the main meaning of its content so that any citizen understands what it is about.
Work collectives are different. Working conditions in them also differ in some features. In addition, people constantly have personal circumstances that affect the distribution of time. Art. 123 of the Labor Code of the Russian Federation says that vacation periods for the next period (year) should be distributed among employees so that they themselves and the labor process do not suffer. We must not allow situations where any site will be exposed for a month, everyone will go to rest. Therefore, it is proposed in advance, two weeks before the start of the period, to distribute the dates of the next holidays so that no one suffers. And people can plan trips or other personal events. Then no offense arises. Long before the vacation, the employee knows at what time the administration will sign the corresponding application and pay the money. Conveniently, agree. But this is just a theory.
Organization of the implementation of Art. 123 of the Labor Code of the Russian Federation
In fact, the personnel officer has to work hard to comply with the formalities. Especially in large teams. It is necessary to set up a schedule in advance so as to take into account the wishes of people, but not expose the company to the risk of shutdown. This is not an easy job. Next, you should agree on the desired schedule with the trade union organization (part 1 of article 123 of the Labor Code of the Russian Federation). As a rule, the chairman of this body endorses the document. But in some collectives it is customary to approve it at a meeting of a trade union organization. This is also not prohibited. It is important that there is agreement. After this, it is necessary to approve the vacation schedule by the leader. For this, an appropriate order (s) is issued. The document is official, binding. But in practice it is not always maintained. It all depends on the situation in the team, the people working there. Yes, and some situations where you can deviate from the schedule are indicated in the article of the Labor Code of the Russian Federation described by us.
Dates for the preparation of the document
The first part of our article states that the schedule should be fully prepared two weeks before the start of the next year. Usually it coincides with the calendar. You can roughly count. The paid vacation schedule in 2016 must be approved by December 16, 2015. It is understood that such should be the date of registration of the order (order). As a rule, employees are introduced to this paper under their signature. Indeed, in article 123 it is indicated that the employee must be warned about the start day of the next vacation in two weeks. Personnel officers are cunning, collecting signatures when it suits them. It is advisable for the employee to remember when it is time to rest. Although there are few of those who forget about it!
Refine by vacation start date
Who faced the described document, he remembers. The table indicates the month when the employee wants to relax.For example, take July. But a person can ask for a vacation both at the beginning and at the end of the month. Even if he sets off on July 31, there will be no violations. But in September (when the first person will walk), the turn of the second will do. He will have to wait. To avoid such troubles, it is recommended to indicate the exact date of the start of the vacation. This is true for large work collectives in which people work closely and are dependent on each other. There are times when, on the contrary, everyone is resting together. For example, in seasonal production. The watchmen leave, and the rest go on vacation. This is also normal; the Labor Code of the Russian Federation is not violated.
Features of Part 4 of Art. 123 of the Labor Code of the Russian Federation
Let's take a look at cases of violation of the vacation schedule. Everyone understands that, by agreement, you can deviate a little from the provisions of the document, if no one objects. But there are situations when it is violated officially. These circumstances are set out in part 4 of article 123 of the Labor Code of the Russian Federation. There are circumstances that must be considered by the administration in favor of an employee requiring off-schedule leave. There are many preferential categories of citizens. They are described in federal laws. For example, the wives of the military should go forward. After all, their rest is tied to the service of the spouse. They are granted leave at the same time as their husband. Naturally, in the presence of a supporting document. Future dads enjoy the same benefits. The administration is advised to schedule their rest at the time of the birth of the wife (or after them). Minors walk when they feel comfortable. They try to take this circumstance into account when compiling our document. There are other benefits.
Dispute Resolution
Sometimes, the employee is faced with the stubbornness of the administration of the enterprise. If you are not willing to provide leave on schedule, then complain. You should contact the commission for the resolution of labor disputes or the court. They will be on the side of the employee whose rights are protected by the Labor Code. Although such cases in practice are extremely rare. The administration is trying to resolve all controversial issues by the world. Why raise a scandal over nothing? The described article is included in the Labor Code with the aim of protecting the citizen's right to rest. In fact, it is useful for both the employee and the manager. We only need to carefully observe its provisions.
