At work, we often encounter the fact that for certain reasons we want to divide the vacation into parts. This situation is specified in Art. 125 Labor Code of the Russian Federation. It regulates all the nuances of the issue of employee relations with management. In addition, it strictly indicates how recall can be made from vacation.
Labor Code of the Russian Federation Art. 125: summary
The text itself will not be rewritten here. Moreover, the document is freely available. We point out that Art. 125 of the Labor Code of the Russian Federation gives the worker the right to take leave in installments, somewhat limiting their terms. Some categories of citizens are not subject to this legislative provision. This is to protect their health. These include women awaiting replenishment in the family, young people under the age of majority, and workers employed in hazardous industries. In principle, the study of our document could be completed on this, if not for all sorts of nuances and misunderstandings arising from its implementation in practice. It turns out that such an almost unambiguous text is understood by people differently. In addition, Art. 125 of the Labor Code of the Russian Federation stipulates the conditions for a strong-willed decision by the administration to interrupt the vacation of an employee. It is applied is not always fair. But the worker finds himself in a situation where it is necessary to boldly defend his own rights. To do this, you need to understand the law, understand its content and law enforcement practice. Let's close the gaps in education if they exist.
How to share vacation
Even before the start of the period (year), the rest time of each employee is planned. A vacation schedule is being drawn up. This document is the basis of work in this direction. In order to go on vacation at an unplanned time, objective reasons are needed. At the same time, part 1 of article 125 of the Labor Code of the Russian Federation allows for the division of leave into parts. Therefore, it is advisable to warn the administration in advance that the periods are included in the schedule. It should be borne in mind that the bulk of the vacation cannot be less than fourteen days. This strict rule is indicated in the text of Art. 125 Labor Code of the Russian Federation. Suppose an employee has 28 days of vacation and 3 additional days. He wants to share it. Allocate time so that at least one of the periods equals two weeks. Otherwise, the law will be violated. Typically, this fourteen-day period is granted first. If you need to take a few days of vacation, then it is provided from a non-holiday last year. Administration is serious about violations of the Customs Code, as it may suffer in case of verification.
Holiday review
Part 2, Art. 125 of the Labor Code of the Russian Federation considers this problem. It gives rise to many difficulties in the relationship between the administration and the employee, as it contains mutual limitations and conventions. The provision of the document in question allows management to interrupt the rest of the worker. However, this can happen only upon a written statement of the latter. In practice, a person is called to the office and offered to agree that he will have to go to work before the end of the vacation. It is important to have an open and trusting relationship between participants in the production process. In addition, the employee is informed in advance when he will be able to walk off the days that are taken from him. Legislatively stipulated that the person himself must choose the timing. They are reflected in the relevant order.That is, a vacation review is an initiative solution. Only the administration accepts it. The employee cannot initiate such a decision. In practice, often people humanly agree and decide for mutual pleasure. That is, it is impossible for the employee to demand interruption of the vacation at will, and no one forbids asking the manager to initiate the process.
Can they punish for refusing to interrupt the rest?
Perhaps this is the most delicate question. If you study Art. 125 of the Labor Code of the Russian Federation with comments, we find out that the administration does not have any rights to this. Yes, management often requires a person to be present at the workplace, trying to conceal, push, force, to sin. Many give in, wanting to maintain the appearance of a good relationship. But all this is illegal. In fact, when recalling a vacation, only the initiative belongs to the administration. The decision remains with the employee himself. Do not give in to pressure. The management of the enterprise does not have legislative opportunities to make a censure or a penalty. If this happened, you were reprimanded, deprived of the prize, indicating the reason for the reluctance to meet the administration, then feel free to complain. Only ask for a copy of the order first. She should first contact the union. And if it doesn’t help, go to court.
Extending vacation time
There are other points that people face at work. These include situations where during a vacation a person falls ill. What to do in this case? This is regulated by another article of the law being studied. You should know that Art. 124, 125 of the Labor Code of the Russian Federation are closely intertwined. Both standardize relations related to the provision of leave. Let's get back to a sick person who is not in time. Does he lose rest due to the development of the disease? It turns out not at all. He should provide the enterprise administration with a document proving the fact of the disease. Then the term of this vacation will be recounted and extended exactly for the number of days that he was lying in bed (not well). It is determined, we repeat, on the sick leave. All of the above is fixed by issuing the appropriate order. It is advisable to familiarize yourself with it before you even leave the holiday on time. Just giving the personnel officer sick leave is not enough. It is also necessary to check whether the manager agreed with the extension of the vacation. Otherwise, a conflict may arise. Of course, you can prove your rights. But spend a lot of time and effort on this.
Special cases
You should know that not only the disease is a reason for extending vacation time. Sometimes a person has to deal with “state duties” during this period. So described in the Labor Code of the Russian Federation. If you are faced with such a problem, then demand to confirm the fact of inclusion in government activities documented. Based on the information received, feel free to request an extension of the vacation for the specified period. In addition, you should be aware that management does not have the right not to let a person go on vacation. In the most exceptional cases, he may, by mutual agreement, not rest for one year. At the same time, they must provide him with leave in the following. Violation of the law is the non-use of leave for twenty-four months.
Conclusion
We examined some points related to annual vacations. Knowing these nuances helps a lot to build constructive relationships with enterprise management. People often encounter dishonesty of the administration, the desire to infringe on the rights of the employee. It is necessary to actively, but not aggressively deal with such attempts. Knowledge of the law is the best assistant to any person. Boldly delve into the nuances and use the information received for your own benefit! Good luck
