The state guarantees the working person certain social standards that improve the quality of life. These include rest from production. Let's look at the types of leave under labor law. You need to know and understand your rights. The legislation establishes clear and specific types of leave. They are associated not only with the fact that a person needs rest, but also with some other life situations. Do you already know what you can demand from the administration? Not? Then we will analyze everything on the shelves.
Types of leave under labor law
To deal with the issue under study, you must turn to the source. The right to leave in the Russian Federation is constitutionally enshrined. It is contained in Art. 37 of the basic law. Everyone has the right to rest, it says there. Specifically, the types of leave under labor law, the procedure for their provision are understood in the Labor Code, namely, in Art. 114 - 128. These paragraphs indicate the characteristics of the interaction between the worker and the administration on recreation issues. There are many nuances in this question, which we will consider later. Now we indicate the types of vacations under the labor law. They are as follows:
- main;
- additional;
- unpaid;
- training;
- maternity;
- for child care.
As you can see, the legislator assigned a lot of rights to a person so that he can solve his problems. However, each vacation is granted only under specific conditions (training, child care) or in a certain order. It is impossible to demand from the administration of the weekend without taking into account the rules prescribed in the TC. Any type of rest is provided only if the employee can confirm his right to it. For example, annual (or main) leave is given to those who have worked for a certain time at the enterprise. It is clearly indicated in the TC. It is important to understand that the law applies only to officially registered labor relations.
Basic vacation
This type of recreation is used by all workers. You can ask for it from the administration only after a person has worked at the enterprise (continuously) for six months. It turns out that the worker rests in advance, for the period that has not yet worked. Keep in mind that vacation days are related to time and working conditions. In Art. 121 shopping mall is described how to consider the experience for providing rest. It includes work time, forced downtime, sick leave, unpaid leave (14 days). Absenteeism is not included in the length of service, as well as parental leave. That is, to calculate for what period of rest is provided is not an easy task. As a rule, the personnel officer is engaged in it. But a working person should also understand how this calculation is carried out so as not to get involved in unnecessary disputes and disassembly. The legislator fixed exceptions to the six-month rule. He granted the right to the employer to agree with the worker on leave “in advance”. That is, if a person has certain circumstances, they can let him go early, preserving his place of work, and this is not a violation of the law. In addition, a pregnant woman, a minor worker enjoy the benefit of early leave. The authorities are not entitled to refuse them leave before the expiration of the six-month period of work.
How is the main holiday date determined?
This issue is addressed in Art. 123 shopping mall.It indicates that the employer must create and approve a vacation schedule. This is done at the beginning of the year. As a rule, a specialist engaged in personnel work conducts a survey, figuring out the desires and preferences of workers. This information is processed, agreed and recorded in a table containing personal data of people, dates of the start of the holiday. The vacation schedule is approved by the manager. It is mandatory for both administration and employees. This is a kind of plan for the absence of team members at work. Changes can be made only by agreement. For example, if you stated that you want to relax in August of the current year, and circumstances require free time in June, you should not just contact the management, but also the member of the team who is scheduled to have a vacation for this time. At the household level, these issues are usually easily resolved. But it should be remembered that the priority is the right of the one who is included in the official schedule for the time being. The provision of leave in another period without the consent of the worker, at the initiative of the administration, is considered a violation of the law. It is unacceptable to refuse to rest an employee as a punishment.
Vacation duration
A very important question for the employee: "How many days should he rest?" This is written in Art. 115 shopping mall. If nothing else is indicated in other documents, then paid work leave lasts 28 days. It cannot be less. For a large number of citizens, the duration of the vacation is increased by regulations. So, minors should rest for 31 days, disabled people - 30. Teachers, as everyone knows, leave for 56 days (or 42, depending on the category of educational institution). Benefits are granted to workers engaged in the production of chemical weapons, municipal employees, and some other categories. Rescuers also have longer annual vacations. How many days are supposed to rest workers of a particular sphere, should be looked at in special legislative acts. The duration of the leave is set depending on how dangerous the working conditions are for health.
Additional holidays
Some categories of workers are supposed to rest for more than 28 days. They are given extra leave. Its duration is determined by special agreements and cannot be less than seven days. The right to additional leave is granted to people working:
- with harmful substances;
- in the far north;
- irregular time;
- in special conditions.
The indicated grounds for additional rest are rather blurred. They are specified in the contract when a person gets a job. For each separate category of workers and employees there is a special regulatory act regulating the terms of additional leave. As a rule, this is an intersectoral agreement. The legislator does not prohibit replacing part of an additional vacation exceeding seven days with material compensation. This can only be done with the consent of the employee. In addition, the Labor Code states that the company has the right to independently approve the list of posts, which adds rest time. It is advisable to be interested in this issue when applying for a service.
Paid study leave
People who combine education with work are also given certain benefits. They also need to go to sessions, prepare and defend their thesis. It takes a lot of time. Therefore, it is enshrined in law that students and students should be granted additional leave. To receive it, you must provide the administration with a certificate - a call. This document indicates the dates of the session. It is divided into two parts. The first is attached to the vacation application, the second must be taken with you to the educational institution. It indicates the actual duration of the educational process. It is desirable that the dates match.You should be aware that this type of vacation the company is obliged to provide only if the person receives his first education (higher or special), or this condition is reflected in his contract. When a specialist decided to improve his qualification level, already having the necessary diploma, he may be refused a paid vacation. In addition, a norm has been enshrined in law that obliges to grant leave only if the employee is studying in an institution with state accreditation. In a different situation, it is necessary to negotiate with management.
Vacation at your own expense
This type of rest is provided in extreme cases when a person has problems, the solution of which requires an absence from the workplace. These legislators included weddings and funerals, farewell to the army and some others. It should be remembered that the reason for the vacation at their own expense must be confirmed by an appropriate document. You need to prove to your superiors that you really cannot solve the problem otherwise. In addition, it is not advisable to abuse this right. Who needs a worker who does not want to work? The provision of this type of rest is not an obligation, but the right of administration. Each case is individually suited. This holiday cannot be denied:
- working pensioners;
- disabled people;
- parents or spouses of the military, killed or injured in the performance of duty.
Other situations require an agreed solution. That is, it is advisable to go to the boss with a statement and explain the reason to him. Holiday time is also regulated by law. The TC contains a list of preferential categories of citizens who receive this type of vacation necessarily. For example, working disabled people are required to give up to 60 days upon first request, and up to 5 for ordinary citizens (in the event of a wedding, death of a relative, birth of a child).
Holiday to care for the child
The next type of vacation is associated with pleasant events. In fact, there is serious confusion with the term “maternity leave”. In this form, it is not used in law. But the people are used to call the time of absence from work associated with pregnancy and childbirth. It is divided into two periods, drawn up according to different rules. Before giving birth, a woman receives a sick leave in a clinic. It is he who is the basis for the absence of production. And when his period ends, she has the right to ask for leave to care up to 3 years. These two terms are paid and executed in different ways. The first is like a sick leave, the second is like a vacation. A woman writes an application for leave, attaches a photocopy of the baby’s birth certificate to him. Based on these documents, an order is issued. This is important, because a young mom retains her workplace. For the period of her absence, they can issue another person. But they will conclude a temporary agreement with him. As soon as a woman decides to return to service, she must return to her previously occupied position. In addition, other relatives directly taking care of the baby have the right to "maternity leave" (up to three years). In this case, it is necessary to provide certificates from the mother’s place of work that she continues to work after the sick leave.
Holidays
Personnel officers know that paid rest should be correctly calculated, and all the necessary documents must be prepared. This is checked not only by the labor inspectorate, but also by financial regulatory authorities. The employee is required to write a statement of the established form. In order not to compose anything yourself, you need to go to a specialist HR officer. In each case there are some nuances. For example, when asking for a major vacation, it is advisable to indicate for what period. After all, not all employees use their right constantly. Some work without rest for years, which, incidentally, is prohibited by law. If you want to get additional leave, you should also indicate the period.In addition, each application must include a start date for the holiday. The personnel officer will check everything and, after receiving a resolution from the authorities, prepare an order. An employee is introduced to this document by signature. Only by putting an autograph and a date on the order, you can consider yourself a happy vacationer. If you didn’t see this paper, ask a specialist to familiarize yourself with it so as not to fall under the case of truancy. Situations in life arise all sorts of, including very unpleasant.
Conclusion
We briefly dealt with the types of vacations due to various employees. It should be remembered that each has its own nuances and subtleties. To understand, determine if you have benefits. This is the first stage. Then check out the TC regarding vacation provision. Next, ask the personnel officer to tell you what documents are in production on this issue. If you are just starting your career, remember that the right to leave is constitutionally fixed, but it still needs to be earned. As a rule, the authorities do not abuse the power in terms of granting leave. Administration is punished for errors or direct violation of the law. If you see that your superiors are breaking the law, take the documents and go to the labor inspectorate. This body is required to conduct an audit and correct the situation. It should be remembered that all enterprises, regardless of their form of ownership, must provide leave. In addition, if you quit without taking days off, you should be compensated for. Require an order that states the period of unrepresented leave. And it’s better to negotiate with the authorities and the personnel officer. Do you agree?
