How to make a vacation?
In this article we will highlight all issues related to the design of the holiday. You will learn not only how to arrange a vacation, but also get acquainted with the calculations for the total duration of annual leave, the necessary documents for its registration and the rules for dividing holidays into parts. The latter, by the way, is also regulated by the Labor Code. Of course, we will tell about the necessary forms of documents for registration of leave. Well, let's begin, of course, with our rights.
How to make vacation - general provisions
All citizens who work under an employment contract in various organizations relating to all forms of ownership, regardless of the place of performance of labor duties, degree of employment, work performed or position held, as well as forms of remuneration and the term of the employment contract, have an unconditional right to paid annual vacation. Seasonal and temporary workers also have this right, along with any other employees. In this case, temporary workers are recognized as those who enter into an employment contract for a period not exceeding two months.These employees management provides paid vacation or pay compensation for dismissal, which is based on 2 working days for 1 month of work. Seasonal work - those that are due to some natural conditions (climatic or other) are performed during a certain time or season, not exceeding six months. Those employees who are engaged in seasonal work, paid leave is also available at the rate of 2 calendar days for 1 month of work. In addition to the above categories of citizens, the right to leave on a general basis also has persons who work under an employment contract for individual citizens and homeworkers. At the same time, home-based workers are those citizens who have entered into an employment contract with an organization to perform work at home using tools, materials and mechanisms allocated by the employer or purchased by a homeworker at their own expense.
Holiday issuance procedure
Here it is important to know that the annual leave consists of the main and additional holidays, representing their amount.The differences between them are in the order and the grounds of the provision, as well as in the duration. Basic leave is guaranteed to all employees, and its minimum duration is 28 days (calendar). However, some categories of workers, depending on the conditions and nature of work and / or health, are eligible for extended leave. We list these categories:
- Citizens under the age of 18 are entitled to annual leave of at least 31 days.
- Employees of research institutions, childcare facilities, as well as any educational institutions are entitled to annual leave of up to 48 days and, moreover, not calendar, but workers.
- Special teachers or organizers of educational institutions, as well as masters of industrial training in educational institutions are entitled to leave up to 36 working days a year.
- Civil servants can count on annual leave at the rate of not less than 30 calendar days.
Also note that any public holidays that fall during the holiday period are not included in the number of holiday days. In addition, employees have the right to use vacation for every 12 months, that is, for each working year, which is calculated from the first day of work in a particular organization.
How to issue an order for vacation - documentation
Here we will list the necessary documents that you need to provide for registration of annual leave and provide you with links where you can find them on the Internet, including detailed descriptions. So, we need the following documents:
- Vacation schedule.
- Application for leave.
- Vacation order.
I think that every employee knows what a vacation schedule is, but if you want to study the T-7 form (this is the official name for this schedule), then I advise you to visit here - there is also illustrative material. With regard to the application for leave, there is no strict form, but the following details should be indicated:
- The name of the document (statement).
- Date of application and signature of the employee.
- The addressee and the sender (to whom it is addressed and from whom it is sent).
- Text with exact indication of the period of vacation, and the reasons (regular, child care, etc.).
- Sighting direct superiors (if so provided in the organization).
The leave order is made up of personnel from the personnel department or personnel service, orif there is none in the organization, by an authorized person, and the order is signed by the head of the organization, or an authorized person. The employee’s order is informed and announced to him on receipt.
And how to get a holiday employee, if he wants to divide it into parts? The legislation provides for such an opportunity. According to the Labor Code of the Russian Federation, annual paid leave may be divided into parts, but only by mutual agreement between the employer and the employee. At the same time, each of the interested parties (both the employer and the employee) has the right to refuse to split the leave into parts if he considers such a division to be unprofitable. Unilaterally, the division of leave into parts cannot be waived if an agreement on the division of leave has already been reached and signed by both parties. This rule applies even if the vacation schedule has already been signed. Therefore, when the time comes to grant the first part of the leave, neither party has the right to refuse to grant or receive partial leave.Also, by common agreement, the question of what days each part of the holiday will be settled. In addition, the parties can also reach an agreement on the division of leave not only into two, but also into more parts, if neither party opposes such a division. And, finally, paid annual leave can be extended, transferred, and the employee can also be withdrawn from leave for a valid reason with subsequent compensation (in the form of time off or material compensation). Well, I think, now that you know the procedure for issuing a vacation, you will not have any problems with this. Try to resolve all issues with the employer in the world and learn to negotiate. Wishing you a good holiday!
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