Annual basic paid leave

Article 114 of the Labor Code guarantees the right of employees to annual leave with preservation of average earnings and place of work (position). The duration of the annual basic paid leave is 28 calendar days. There are categories of workers who are entitled to extended basic leave, such cases are listed in the Labor Code and some other federal laws.

The duration of the main paid leave is calculated not in workers, but in calendar days, thus, it includes Saturdays andof Sunday. However, this does not apply to non-working holiday days falling within the holiday period: each non-working holiday is a plus for one holiday, plus one day for your rest.

Employees are entitled to an annual basic paid leave after a certain length of service. The right to use leave for the first year of work is received by the employee, having continuously worked for six months with this employer (although with good relations with the employeryou can go on vacation and before the expiration of six months of work by agreement of the parties). In the future, you can leave on vacation in any period of the working year in accordance with the approved schedule of holidays.

The right to an annual basic paid leave before the expiration of six months of continuous work have women before or immediately after maternity leave, workers under the age of 18, as well as workers who have adopted a child or children under the age of 3 months.

The schedule of holidays is approved not later than 2 weeks before the coming of the next calendar year. It is mandatory for both employees andemployer. Not later than 2 weeks prior to the commencement of the employee's vacation, they must notify the time of the beginning of the annual basic holiday against the signature. There are a number of categories of workers who are given an annual paid vacation at a time convenient for them (for example, a husband can claim a vacation during his wife's maternity leave).

There is an opportunity extend or postpone an annual paid leave for another period. This term is determined by the employer, consideringwishes of the employee. Such cases include, for example, temporary disability of the employee. Leave can be transferred to the next working year, if the granting of leave can have an adverse effect on the normal course of work of the organization / IP. But such leave must be used within twelve months after the end of the working year in which it was granted.

but you can not go on leave for two consecutive years. It is also forbidden not to provide annualbasic paid leave to under-age workers (under 18) and workers who are employed in work with harmful and (or) dangerous working conditions.

The annual basic paid vacation can be divided into parts (if both the employee and the employer agree). But it should be noted that at least one part of the holiday must be at least 14 calendar days.

The employer has the right to recall an employee from leave only with his consent, while the unused portion of the leave can beUse in the same working year or attach to the next vacation. Pregnant women, workers who are engaged in work with harmful and (or) dangerous working conditions, and workers under the age of 18 can not be recalled from leave.

At dismissal the employer should pay to the worker cash compensation for unused vacation or grant him leave with subsequent dismissal.

In short, all the rules for the provision of an annual basic paid leave, more details can be found in chapter 19 of the Labor Code of the Russian Federation. It is very important to know your rights and guarantees regarding leave (although this applies to all labor rights and, of course, duties).