In the event that an employee has worked for six months, is he entitled to rest for a total of twenty eight calendar days? Granting leave after 6 months - the right or obligation of the employer? All this will be discussed below.
Labor law holiday regulations
According to article No. 21 of the Labor code of the Russian Federation, an employee has the right to his own personal rest, which is provided, inter alia, by providing him with guaranteed payment of annual leave. The Russian Labor Code obliges the employer to strictly comply with the regulatory framework in the field of labor relations and other legal acts that contain aspects of the basic laws and relevant documents, as well as the terms of collective bargaining agreements. According to article No. 114 of the Labor Code, employees are granted annual leave with the preservation of the workplace and their position, and, in addition, their average income. The duration of the annual breaks of the main paid holidays, which is provided to employees, is twenty-eight calendar days.
So, leave after 6 months - a right or an obligation? Let's figure it out.
Right to vacation
A paid leave must be granted to the employee each year. That is, a citizen is entitled to use such a break in the first year of his career with a particular employer. The opportunity to take a vacation for the first twelve months of work arises for employees after six months of their continuous activity with a specific employer. And according to the agreement of the parties, leave with its subsequent payment is given to the employee until the end of six months. All employees referred to in article No. 122 of the Labor Code of the Russian Federation, on the basis of their applications, the employer agrees to provide leave after 6 months.
Provision of vacation in proportion to hours worked
The labor legislation does not provide for the possibility of providing paid leave every year in proportion to the time worked by the employee. The exception is cases where the opportunity to rest is given with the subsequent dismissal of a citizen before the end of the working year for which leave is granted. In addition, in proportion to the time that was worked out under hazardous or harmful working conditions, additional paid periods of rest can be allocated for work performed in such inconveniences. In this case, the vacation period includes only the time intervals worked out in harmful as well as dangerous working conditions.
How many days?
Thus, it turns out that after six months of regular labor activity of one or another employer, the employee who was granted leave has the right to receive the main paid rest in full, namely, with a total duration of twenty eight calendar days annually. Many are interested in a vacation after 6 months - the right or obligation of the employer.
The Labor Code of the Russian Federation does not take into account the possibility of providing in kind a partial annual leave with payment, that is, in proportion to the time worked out in a particular working year. Based on this, leave, which is considered regardless of the time of work in the year, is provided full, namely within the established duration.
But how to pay it?
So, in article No. 122 of the Labor Code of the Russian Federation we are talking about the annual provision of paid leave after 6 months, the employer has absolutely no reason to pay only for a part of such rest, which is fourteen calendar days. In such a situation, the chief is obliged to pay all twenty-eight days that fall on the period of the employee's annual base leave with subsequent payment. All calculations of the average earnings, which are maintained during the rest, are calculated according to the rules that are established in article No. 129 of the Labor Code, in particular, the provision of various features in the order of calculating the average salary.
Salary deduction
In the event that an employee leaves before the end of the working year, on account of which he has already been allocated an annual paid vacation, the employer has every right to deduct from the citizen's salary, namely, to take away part of the average income for unworked days of rest. However, such deduction cannot be carried out in the event that the employee is dismissed on the grounds provided for in articles No. 77, 81 and 83 of the Labor Code of the Russian Federation. What are the nuances of providing leave after 6 months of work?
It is important to note that annual paid vacations can be divided into parts, but provided that at least one of these segments must be at least fourteen calendar days. Although such a separation can only be carried out by agreement between the employer and his employee on the basis of Article No. 125 of the Labor Code. Unilaterally, the separation of paid leave annually, as well as the allotment of the employee only fourteen days from this vacation, the employer has no right.
We understand the question of whether leave after 6 months is the right or obligation of the employer.
Other provisions on the provision of paid leave to employees
As already mentioned above, paid rest should be granted to the employee every year, and the citizen has the right to apply such a break for the first twelve months of his work after six months of his regular work with one or another employer.
Holidays for the second, as well as subsequent years, can be used at any random time according to the priority of providing regular paid rest, which is established by one or another employer. Employees who were admitted to the institution after the approval of the vacation schedule, go to rest not according to its parameters, but according to the relevant statements. That is, it turns out that after six months of labor, the citizen has the right to leave, and the employer has a duty to provide it if the employee writes the corresponding application.
Consider the issue of the right or obligation on vacation TC after 6 months.
Mutual interests
Along with this, when providing such leave, both parties to the employment relationship - both the employee and his employer must take into account the mutual interests of each other, and, in addition, the possibility of agreeing on the starting date of the vacation. It is, of course, not a right to determine the date of leaving on vacation independently, as well as to arbitrarily leave for it. The exceptions include some separate categories of citizens who can take leave without taking into account the views of their employer, for example, employees who are under eighteen years old and so on.
Is it a right or an obligation to leave an employee after 6 months?
Thus, it should be concluded that, of course, the full-time employee has the full right to receive leave after the expiration of six months of employment with a particular employer.In addition, in the event that a citizen appeals to the employer with a request to provide him with time for rest, then the authorities have no right to refuse him this.
In the event that the allocation of leave, in the opinion of the bosses, can adversely affect the normal and successful course of the institution, the employer can only in the form of a proposal ask his full-time employee to postpone the rest to another more suitable period of time, while explaining to the citizen the situation at the enterprise adverse situation. But, if the employee does not want to agree to such a transfer, then the employer simply does not have the right to not let him go on the desired vacation.
The right to annual leave of a new employee, as well as his provision earlier than six months
The right to the first annual vacation in standard situations appears for workers after six months of continuous labor from the moment of formal placement in a new enterprise. By mutual agreement of the employer and his employee, the first annual vacation may be granted before the citizen fulfills the prescribed length of service within six months, as indicated in articles No. 122 and 177 of the Labor Code of the Russian Federation.
How many days of leave after 6 months under the Labor Code are laid down for an employee?
Exceptions to the Rules
The employer is obliged to fulfill the provision of leave before the end of the six-month period at the request of his employee only in exceptional situations in relation to certain categories of citizens, namely:
- workers who are not yet eighteen years old;
- women who are directly on leave due to pregnancy and childbirth, including after them, and, in addition, upon completion of the necessary period for caring for the child;
- employees who have adopted babies under the age of three months;
- husbands while their spouse is on vacation due to pregnancy and childbirth;
- to veterans;
- Chernobyl victims;
- the wives of military personnel of citizens;
- part-time workers.
Paid leave for subsequent years of work
The provision of leave for the second and subsequent working years may be provided to employees at any time on the basis of vacation schedules. As for the categories of employees constituting an exception, for them such is carried out taking into account their wishes, regardless of the existing schedule.
Can I get a leave after 6 months of work for an employee who decided to transfer to another organization?
Transferring an employee to another organization
What happens to a seniority entitlement to annual leave if a citizen enters work as part of a transfer from another enterprise? In such a situation, the accumulated length of service that would give the right to leave is not preserved when an employee is transferred from one institution to another. That is, it turns out that citizens will only have the opportunity to provide leisure when they work for six months in a new concrete organization.
The fact is that during the transfer, the labor agreement with the previous company is completely terminated, and at the new place of professional activity with the employee, a new contract is concluded, as indicated in article No. 77 of the Labor Code. The direct right to receive a period of rest is granted to the employee only after six months of his labor in the institution that sends him on vacation. How is vacation calculation calculated after 6 months of work? According to the average monthly salary of an employee.
Is it obligated?
Yes, it is obliged in the event that the employee addresses him with a corresponding statement. In general situations, at the end of six months of employment, the employee has a legal right to receive leave, and the employer has a direct obligation to provide it.Along with this, when sending an employee on vacation, both parties are required, among other things, to take into account the mutual opportunities and interests of each other, and they should also mutually agree on the start date of the vacation period.
We examined what a vacation after 6 months is - a right or an obligation.