The employer refuses to leave: what to do?

Much depends on what kind of vacation you are applying for, as well as on your work experience at the firm / in the organization and some other factors. let's consider the most common cases, when the employer refuses to leave.

The employer denies annual paid leave

Every employee has the right to leave for an annual paid vacation after six months of continuous work. If you have worked for less than six months, the employer may not grant you leave (unless you are under the age of 18, oradopted a child under 3 months, or not going to the decree / just out of it). Leave can be granted to you by agreement of the parties, but the employer is not obliged to provide it to you.

However, as soon as your work experience ishalf a year, you must provide leave. The schedule of vacations is approved before the beginning of the next calendar year (not later than two weeks before January 1), and two weeks before the onset of your vacation, the employer is obliged to notify you of the time of its beginning against the signature. If you are not granted a leave on schedule, this is a violation of the Labor Code.

What should I do in this case? If you can not solve the problem with the employer amicably, will have to go to the labor inspectorate or even sue. But keep in mind that after this you are unlikelyyou will remain in this place: most likely, the employer will try to "survive" you (and you yourself would like to remain working for a man who was able to agree only after the intervention of the labor inspection)? But you will receive cash compensation for an unused vacation.

The employer refuses to leave at his own expense

Leave at your own expense (leave without pay), in contrast to the annual paid leave, The employer does not have to provide. He can do it ... or maybe not. It all depends on how respectful he thinks the reasons for which you needed a vacation at your own expense.

Of course, the Labor Code lists cases in which the employer is obliged to provide you with leave without the content. For example, the death of a close relative,the birth of a child, the registration of marriage are considered to be sufficiently valid reasons for granting such leave. A full list of such cases we gave in the article "The rules of leave at their own expense."

If your case is on such a list, try to wave in front of the bossLabor Code and threaten labor inspectorate. If it does not help, either accept that you will not be given leave, or bring your threats into execution. If your case is not included in this list, there is only one option - resign yourself.

The employer refuses to leave with subsequent dismissal

Some Employees take another paid vacation before retiring. In this case, those two weeks that the employeemust work after the application for dismissal, he will spend on vacation, and immediately after the holiday will be considered dismissed. What to do if you are not given a leave with subsequent dismissal?

Leave with subsequent dismissal is granted if it coincides with the schedule of holidays approved for the current year. If this is your case, the employer does not havethe right to refuse you a vacation. If not - such leave can be granted only by agreement of both parties. If the employer does not agree, he has the right to deny you leave and subsequent dismissal.