Can refuse on vacation?

Elena Shchugoreva
Elena Shchugoreva
December 26, 2012
Can refuse on vacation?

The right to leave is defined in the labor code of the Russian Federation. Articles 122, 123, 132 determine the procedure for granting vacation to an employee, the system of paying vacation pay, and some other parameters.

The employee’s right to vacation comes six months after he began working in the organization. At this point, the company can provide full annual leave for 28 calendar days. But we must understand that if the employee then leaves, then he will be obliged to return overpaid vacation pay for 2 weeks to the cashier.

Every company must have a vacation schedule. It defines when employees go on vacation. 28 calendar days can be divided into several parts, but one of them must be at least 14 days.

If an employee wrote an application for leave 2 weeks before the deadline determined by the schedule, he won’t be able to refuse a leave. He must be let go. But if at work there is a need for the presence of an employee, then the only way to leave him is to negotiate with him and postpone the leave by agreement of the parties.

They can refuse the employee if he asks to postpone the vacation to another time, that is, he wants to leave not according to the schedule. That's when the company leaves the decision for themselves. But even if both the employee and the employer agree to postpone the vacation, this fact must be recorded in the form of a statement signed by the director. Otherwise, at the very last moment on vacation, they may not let go.

And in general, no one can not let a pregnant woman go on maternity leave, on an extraordinary leave of employees under 18 years old, she has no right to refuse leave to employees who adopted children under 3 months.

If you still do not sign an application for a scheduled vacation, then you have one simple solution. Warn the director that you intend to apply to the Labor Inspectorate with a written statement and a statement of the facts of the violation of the Labor Code of the Russian Federation. Usually, the inspection does not reach the hike, the employer finds an opportunity to let the employee go to rest. And if you had to contact this authority, then write your appeal correctly in writing. Inspectors will clearly explain to your supervisors whether they can refuse to leave the employee for no reason.