Refusal to leave allegedly due to the production necessity. Can an employer not let go on vacation

The concept of "annual paid vacation" is fixed in Labor Code RF. Article 114 of the Labor Code of the Russian Federation indicates that this is a form of rest, for a fixed temporary interval. This holiday cannot be interrupted. This is due to the fact that the task of vacation is the restoration of the employee's performance. The law guarantees the consolidation of the place of work for the recreation period and the preservation of payments during this period.

IMPORTANT: The right to vacation appears after an employee has conducted more than six months in labor obligations. Nevertheless, on vacation you can go before, but exclusively by agreement of management. Vacation by agreement between the parties is regulated by Article 122 of the Labor Code of the Russian Federation.

The standard duration of the annual recreation is 28 days excluding holidays and official weekends. Separate categories of specialists have the right to increased vacation. These include:

  • Minors (vacation minimum - 31 days);
  • People with disabilities (30 days or more);
  • People whose work occurs in child care and education institutions (42 days or more);
  • Representatives of education (at least 42-56 days);
  • Prosecutor's office workers (30 days or more).

The law prohibits the leadership to review the subordinate from vacation. It is possible to interrupt holidays only by voluntary decision of the subordinate. In this case, a part of the holiday period, which a person spent at work in the event of a review, is transferred to a period convenient for it or added to the next vacation period. The employer does not have the authority to contact the employee's feedback if:

  • Subordinate was not 18 years old;
  • Review employee - Pregnant woman;
  • The workflow occurs in harmful production or conjugate with danger.

Important: Vacation can be transferred to the coming year, if this is the consent of the employee. At the same time, working 2 years in a row without rest is prohibited.

At the time of vacation, a person is provided with payments (vacation). The procedure for calculating these funds is described in Article 139 of the Labor Code of the Russian Federation. According to the law, the release of the average coefficient of wages per last year. Vacations are issued no later than 3 days before going on vacation.

Recreation by schedule: Can they refuse to have planned vacation

So that the company worked stably and without interruptions, the leadership is given the opportunity to plan a vacation schedule. The alternate recreation plan makes it possible to relax without stopping the production cycle. He is approved no later than 2 weeks before the beginning of the year, and enters into force on January 1st. The holiday schedule is regulated by Article 123 of the Labor Code of the Russian Federation and follow it is equally necessary for both subordinates and leadership.

Thus, you can make changes to the vacation schedule only a year before the scheduled vacation, but not in the current year. Thus, if the employee refuses to schedule, it can ignore such actions. The law regards the vacation on the schedule as decisionwhich is not subject to revision by any of the parties to labor relations.

Important: unfair employers often motivate vacation transfer by the fact that the "schedule is lost." Such explanations only aggravate the position of the employer. All that is needed is to send a letter with a written request to provide a document in accordance with Article 62 of the Labor Code of the Russian Federation. This article of the Code obliges the employer to provide copies at the request of the employee. If such an action is ignored, copies of the appeal and notification should be notified about the delivery of a registered letter to court.

Situation with holiday vacation has the opposite direction for the employee. The approved schedule is not subject to revision, except in cases of mutual consent. Those. This is a winning situation if executives refuse to leave. But losing, if you yourself want to transfer vacation at a more convenient time. The employer in this case has the full right to refuse without clarifying the reasons and demand that you go on vacation according to the schedule.

Rest at your own expense: ways to get vacation and reasons for refusal

Vacation at your own expense is the provision of a break in working with the preservation of the place of work, but without paying holidays.

Labor Code vaguely indicates the possibility of obtaining and refusing leave at its own expense. According to Article 128 of the Labor Code of the Russian Federation, the employer can provide an employee of such a vacation if that is good reasons.

The list of "reasons", as well as the exact interpretation of this concept, no. This is a compromise solution that is accepted by the employer after approval. If the employee goes into unpaid leave without the consent of the head, the law allows him to dismiss him for absenteeism. Nevertheless, in this case, the abandonment may be

An employee addresses unpaid holidays due to health. Medical documents confirming the presence of the disease, the results of the survey or other documents that substantiate the need for treatment, there is still no employee in their hands. The employer refuses, and the employee is coming up for treatment.

Naturally, the employer dismisses the subordinate for the absenteeism. After treatment, an employee turns to court, provides the conclusions of a medical examination, a certificate of staying in treatment in medical institution and other evidence of validity of absenteeism.

The court in this case acts on the side of the employees and indicates the unreasonableness of the dismissal.

Those. If a person refused on vacation at his own expense, this is not a reason to continue to work, despite the circumstances. But if you go on vacation to Self, you should expect legal consequences.

Refusal to leave before decree: what to do if you are not allowed on vacation

Labor law is particularly careful about future mothers. Unfortunately, most employers ignores it hard.

The right to vacation in pregnant women is guaranteed by Article 22 of the Labor Code of the Russian Federation. According to this article, no matter what experience of the employee. Even if the girl managed to work for only a month, the vacation is issued by an advance (after all, even on maternity leave, a person continues to be in labor relations with the company, and, it means that it may claim to leave this year, despite the upcoming child care vacation).

The first difficulty on the way to vacation is the personnel department. Personnelists will explain to the future mother that the experience is missing. Such statements should be ignored, instead, apply for a written statement that you apply for legal leave.

IMPORTANT: The application necessarily indicates, the leave is required in accordance with Article 2260 of the Labor Code of the Russian Federation, and not according to general order.

The only reason why the future mother does not give leave - the presence of holidays in the current year. Those. If this year the girl has already visited annual leave, the next time this can happen only next year.

Important: maternity leave does not overlap annual. Those. A woman has the full right to get all the laws of vacation in a row, without regard to the workflow, etc. Often, employers understand that the time plays them on hand, and pull with their holidays. Such actions can be ignored, it is important to apply for 2 weeks before the upcoming rest and enjoy your legal rights. The employer will not be fired for the absenteeism, because There was a fact of the employer's employment notification.

Leave with dismissal: compensation or rest

The right to vacation is maintained even in case of leaving work. When writing an application for care own willingThe employee has the right to:

1) compensation for the vacation period;

2) Vacation, after which the dismissal comes.

In the first case, everything is quite simple. Man just gets monetary compensation. The second case is possible exclusively in cases where the reason for dismissal is not related to the unfair execution by the employee of its obligations.

Moreover, if compensation for the vacation is required, then vacation with dismissal occurs on the personal initiative of the manual and it cannot be obliged to it.

"Leave with dismissal" actually consists of two non-related procedures. First spell a vacation application, and then - an application for dismissal. Both statements are submitted to the employer, and each of them can be recalculated independently of the other.

Have questions? Ask them bpu exchange of legal services!

In accordance with the requirements of the current legislation, each worker should be able to relax. This provides for certain time periods. One of them is an annual paid leave. But sometimes there are situations when it is possible to get a disclaimer from the employer.

Annual leave Provided by all working independently of the ownership of the company held by the person and specificity of professional activities.

The obligation to provide a worker once a year break for recreation and recovery is entrusted to the head. This rule is indicated not only in general regulations, but also in the text of the employment contract. At the time of vacation, the person remains workplace and salary.

The duration of the specified period is twenty-eight inventual days. This is the minimum vacation duration. For some categories of workers, it is provided for the provision of additional paid days. This approach is due to the presence of harmful and dangerous factors in labor, as well as the specifics of professional activities, for example, work in the conditions of the Far North, harmful industries, Pedagogical activities, limited physical abilities.

It should be noted that in most cases the manager is obliged to let go of a worker on vacation. The basis for this is the order of the corresponding content.

Terms of provision

In accordance with the requirements of the current legislation, a break for recreation and recovery is provided to employee every year. But such a rule has a feature that lies in the life expectancy in the organization. Let me release an employee in the next vacation the head should only if the period of labor in the company is at least six months. Only after six months of labor, a person can qualify for the provision of a break for recreation.

By agreement of the parties, the worker may temporarily interrupt its work and until the expiration of six months. Leave for the second and subsequent working years is provided by an employee in accordance with the timing of the order, approved by the head of the organization.

Some workers, the boss must submit a vacation, even if the period of their work is less than six months.

These include:

  1. Women before the birth of a child or immediately after the toddler appearance.
  2. Those who were not eighteen years old.
  3. Persons who took care of a child or children under the age of three months.

Cancel in granting vacation to such workers.

Whether the employer has the right to refuse

The current legislation directly indicates that the leakage should be given annually. Even referring to the production necessity, it is impossible to refuse to a person in the provision of rest. This requires his personal consent. Such a rule does not concern the case of dismissal, that is, a person can use the interruption to him to go to care, only in coordination with the leadership.

However, there are situations where the head can still refuse the employee at the request to provide a paid time for recreation.

The employer may not let the worker on vacation in the following cases:

  1. Man worked in an organization for less than six months, provided that it is not included in preferential categories.
  2. The worker wishes to temporarily interrupt its activities in violation of the approved sequence schedule.
  3. Worker wants to use a period for recreation with subsequent departure from the organization. In this case, the employer's consent will need.
  4. The absence of a specialist can negatively affect the company's activities as a whole. This is possible only with the consent of the employee.

The main evaluation criterion is the total duration of human work in the organization.

Vacation without salary salary

According to the rules of existing norms, in addition to the main paid vacation, an employee may be provided with additional holidays without saving earnings. The duration of the period is determined by mutual agreement between the parties to labor relations. In most cases, people use such interruptions in order to solve personal questions.

Terms of provision

To implement your intention to use vacation without saving earnings, a person must have valid causes of personal or family character. Clear list of such circumstances in force regulatory acts not installed. Everything is solved individually based on the features of the current situation.

The worker must send the appropriate content to his head. The correct documents will be applied to the appeal, which will confirm the need for a manager to give a person such a break.

Whether refusal is possible

In accordance with the current regulations, the provision of leave without saving earnings is right, and not the responsibility of the boss. That is, any leader may refuse the worker in his request.

At the same time, the legislation identifies the categories of people who are obliged to give a vacation of this species.

These include:

  1. Taking part in the Great Patriotic War. They can use up to thirty-five days per year.
  2. Persons who have the right to go to a well-deserved rest, but continue to work. They should be up to fourteen days throughout the year.
  3. Parents and spouses of military personnel, staff of power and rescue structures that have left lives, fulfilling their duties, or died due to injury or occupational disease. Such a category is fourteen days per year.
  4. Lifted physical workers - up to sixty days during the year.
  5. Employees up to five days in the event of marriage, the appearance of the baby, leaving the life of a close relative.

This list is not exhaustive. A collective agreement can be established by other circumstances that will allow a person to take advantage of the holidays at their own expense.

Maternity leave

According to the norms of the Labor Code of the Russian Federation, an employee can go into the so-called decree.

This situation is associated with the birth of a child and subsequent care for it. Vacation of this kind, the head is obliged to provide regardless of the duration of the person's work in the organization.

To do this, the future feminine must send a written petition to his head and attach a medical conclusion to him, which will be a confirmation of the Women's position. The duration of this period is:

  1. Before the birth of the baby - seventy-day, if two and more kids appear on the light - eighty-four.
  2. After the appearance of a child to light - seventy days, if the birth was held during complications - eighty-six days, at the birth of two and more siblings - one hundred days.

The duration of such a break is calculated in total, regardless of how many days a woman was used until the baby appears. The feminine is mandatory with financial assistance.

Can they refuse to leave before decree

In accordance with the current legislation, the head is obliged to let a woman in the main vacation before the appearance of a baby either immediately after delivery. The duration of labor in the company does not have the value in this case, that is, the boss is obliged to sign a future mother application application. This is an unconditional rule that is subject to execution in any case.

Whether the employer has the right to deny maternity leave

An employee has the full right to go on maternity leave regardless of the intentions of the head. This rule is unconditional. In this case, it is in mind not only the temporary interruption of its activities in connection with the expectation of the child's appearance, but also the postpartum period and the leave to care for the baby, until they achieve a certain age.

Educational leave

Educational leave is used when the next session occurs. Such a break enjoy those who work and in parallel with this is trained in an education institution. An additional profession a person can receive both in the direction of the organization and at will.

Student leave are provided to the following categories of working:

  1. Receiving higher education. Such students are provided to fifty days per year.
  2. Studying in secondary special educational institution. These disciples are put to forty days a year.
  3. Passing training in educational institutions. In this case, the duration of vacation reaches twenty-two days.

It should be noted that the provision of such releases is guaranteed by the student law.

Terms of provision

In order to realize the possibility of departing to the next session, the trainee is obliged to send a written application to his head, in which the number of days needed to pass the next block of examinations and tests is specified.

To refer to the certificate of call from educational institution. It is this document that is the basis for granting a vacation. IN otherwise The head has the full right not to let the worker at the session.

Where to contact in case of illegal failure

If a person is not released on vacation, he should complain about official authorized instances. It is worth doing only if the employee is confident that it has the right to temporarily interrupt its work and go on vacation.

The worker can seek the protection of its rights to the following organizations:

  1. The trade union committee, if such is created in the organization.
  2. Labor disputes committee.
  3. Labor inspection.

The order of appeal in this case is one. A person simply needs to send a written application to the relevant instance and attach confirmation documentation. If the initiator does not have the necessary information on the hands, it may apply for their recovery from the company.

The terms of appeal to competent authorities are not established by the current legislation. The exception is the court. You can contact him for three months from the moment when it became or could be aware of the violation of his right.

Responsibility for illegal failure

For unreasonable refusal to provide a break for recreation and recovery, the boss can be held accountable. Impact measures are determined by instances that are endowed with such powers, such as labor inspection.

Most often, such a procedure is initiated after the receipt of the complaint of the worker. Although there are no cases when impact measures apply to the boss based on the results of the planned audit.

Attraction for administrative responsibility

For failure to provide a mandatory break for recreation and recovery, administrative punishment can be applied to the boss.

Failure to leave a person on vacation can entail the following effects:

  1. A certificate will be imposed in a fine of one to five thousand rubles. The individual entrepreneur who acts without forming a company will pay the same amount. The organization will oblige to pay from thirty to fifty thousand.
  2. In the event of a relapse, then there is a re-offense of this kind, by the person who has already been punishable in an administrative manner, the person will be obliged to pay from ten to twenty thousand or will be deprived of professional qualifications for the period from twelve to thirty six months. The entrepreneur will in this case will have to pay from ten to twenty thousand, the company - from fifty to seventy thousand.

It should be noted that deprivation of qualifications applies only to officials in the event of a repeated violation.

If the penalty is imposed on the company, then the compensation of such losses occurs due to the perpetrators, that is, the leader may also come and material responsibility.

The size of penalties is determined for each case separately on the basis of the circumstances. In such a situation, the fact of violation itself is important. The severity of the consequences for administrative responsibility does not matter.

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Considering whether the employer can refuse to leave, it is important to take into account the presence (absence) of emergency circumstances. Under them implies conditions representing the threat of idle of production or other activities. One of these circumstances is the exit of an employee to a hospital vacation (Art. 124 of the Labor Code of the Russian Federation), as a result of which the working team does not cope with the load.

It is important that the failure procedure (or rather - transfer) on vacation on the initiative of the manual should be properly framed:

  • Change the schedule for the provision of vacations. It is drawn up and approved by the employer annually, but the introduction of adjustments is possible to continue the calendar year.
  • Edition by the leadership of the order. It indicates information about the transfer of annually paid leave for one or more workers.
  • Obtaining a written consent of the employee. It is compiled in free form and is submitted to the personnel department.

On other grounds for transferring annually provided vacation, the fulfillment of state duties with the provisions of the exemption from the implementation of the labor function; Other cases enshrined by labor legislation or NPA of a particular organization, enterprise.

Categories of employees who can not refuse

Vending transfer by next year Invalid more than once in a row. If last year, the employee did not reach the laid rest on legal basis (to maintain the normal course of activity legal entity Or IP), next year, repeated transfer is impossible. An exception is not even drawing up an employee of consent in writing.

The refusal of the employer in granting the vacation is not possible for the following categories of workers:

  • Pregnant women, faces adopted by kids under 3 months;
  • Employees who carry out the labor function in harmful (dangerous) conditions;
  • Persons who have not reached an adult age.

It is important that the listed groups of workers is fixed the right to get a vacation outside the composed and approved schedule. The employer has no right to refuse to consider and signing an application for additional leave submitted by the above-mentioned categories of employees.

Refusal of lending to vacation

Refusal to provide holidays to the employee can be submitted when submitting a statement for receipt:

  1. Weekend "For your own account" (another name of this type of vacation - administrative, "can be read more about it);
  2. Paid vacation provided outside the provisions approved by the management of the schedule;
  3. Lessa with subsequent dismissal.

Appeal of illegal decision

If the employer refuses to leave, and the employee is convinced of the unreasonableness of such a decision, he has the right to appeal against the actions of the leadership in labor inspection.

Appeal procedure:

  1. Compilation of 2 applications asking for leave.
  2. Sending one letter to the employer ( by registered mailSo that a notice remains), the transfer of a second statement to the labor inspection.
  3. Removing photocopies with the approved vacation schedule, direction to its work inspection inspector.

In 70% of cases, the case is solved in pretrial order. If the employee believes that the authority of the labor legislation did not undertake the body necessary actions On the protection of his rights, he has the opportunity to apply to the court for solving the conflict.

Refusing an employee from vacation

To answer if the employee can refuse vacation, you need to make sure whether the following conditions were met by the employer:

  • Timely and proper accrual of vacation funds;
  • Obtaining an employee of notice of leave for 14 days.

If these items are violated, the employee may refuse to go on vacation. He addresses the appropriate statement to the leadership, on the basis of which the time for its provision is transferred.

Art. 126 of the Labor Code of the Russian Federation establishes that when transferring annually paid leave for the next year, monetary compensation is paid by the employer. She relies on that part of the holiday, which exceeds 28 calendar days (the minimum release duration of the leave by federal legislation).

If you need additional tips - ask your questions in the comments to the article

Every person who carries out his professional activities In a particular company, it is obliged to perform a certain amount of work. At the same time, it spends certain forces and time. To fill the costs, everyone has the ability to use personal time for this.

Provided and a longer period for the restoration of forces is the ability to go on vacation. All nuances and features of such a procedure are governed by Chapter 19 of the Labor Code of the Russian Federation.

In practice, sometimes there are situations when a person is limited in such an ability. In this case, anyone interested arises a number of quite natural issues:

  • based on what employer provides an employee;
  • does the employer have the right to interrupt rest due to production necessity;
  • can not let go on vacation;
  • what to do if the employer does not let go on vacation;
  • what to do when they are not released in;
  • in what cases the employer may refuse to leave;
  • what is the responsibility of the employer for failure to provide leave.

All these moments are extremely important for both sides of the working interaction, as everyone wants to rest, and unreasonable failure to provide holidays is a gross violation of the current norms.

Keep in mind that even from such difficult circumstances there is a way out. The fact is that, if a person, for some reason, was not given to relax, or his appeal was not even signed, he may contact the state budget supervisory or violating his duties.

The appeal must be decorated in writing. It is best to pass it personally. Right will justify its position, referring to corporate documents. Then you can count on a positive result of the consideration of the petition.

In this case, appropriate measures will be applied to the unscrupulous manager. According to Article 5.27 of the Administrative Code of the Russian Federation, such measures are defined in the form of a fine.

It should be noted that not only the head of the organization risks, not only the head of the organization, but also specialists engaged in issuing documentation for recreation periods.

Arbitrage practice

The judicial instance disassembled the company's appeal on the cancellation of the previously made conclusion to violate the procedure for providing an employee.

In the course of the discussion, it was established that the supervisory state instance applied measures to the company due to the fact that one of its employees was presented with a duration of less than defined by the current standards.

With this, the head of the organization did not agree and appealed to the court to cancel the impact measures. However, the court did not cancel the measure.

The representative of the company explained that the appeal of the employee about the provision of a period for recreation was not received. For this reason, the last of its decision set the priority and duration of the break, having coordinated everything with the trade union organization, as required by the norms of the TC.

Nevertheless, the judicial officer drew the attention of interested on the fact that existing norms Provide the approval of only the very provision of a break, but not its duration. The duration of the vacation period should not be less than twenty-eight calendar days, but only fourteen was defined.

Having studied all the information provided and the data, the judge issued a trial about leaving the request of the company without satisfaction.

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Problem

Good day!

The question is as follows: more than 11 months I work in the company, according to the schedule for the provision of vacations I have it in August. I wrote an application for a vacation, the boss signed - "I object." Motion to failure in providing holiday vacations production necessity. Are the actions of the chief legitimate? How long does the authorities can delay his vacation if they have right?

In the Labor Code of the Russian Federation, he read that the schedule for the provision of vacations is required for execution for both employees and an employer.

Decision

According to Article 123 of the Labor Code of the Russian Federation, the order of granting paid vacations is determined annually in accordance with schedule vacations approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the calendar year in the manner prescribed Article 372. This Code for making local regulations.

The schedule of vacations is required both for the employer and for the employee.

On the time of the beginning of vacation, the employee must be notified under the painting no later than two weeks before it began.

Article 14 of the Labor Code of the Russian Federation establishes cases of vacation transfer or its extension

Annual paid leave should be extended or transferred to another period, determined by the employer, taking into account the wishes of the employee, in cases:

temporary disability of the employee;

execution by the employee during the annual paid leave of public duties, if for this labor law is provided for exemption from work;

in other cases provided for by labor legislation, local regulatory acts.

If the employee did not pay a timely payment during the annual paid leave or the employee was warned about the time of the beginning of this vacation later than two weeks before it began, the employer for a written statement of the employee is obliged to transfer an annual paid leave for another period agreed with the employee.

In exceptional cases, when the provision of vacation to the employee in the current working year may adversely affect the normal course of the organization, individual entrepreneurIt is allowed with the consent of the employee, making leave for the next working year. At the same time, vacation should be used no later than 12 months after the end of that working year for which it is provided.

It is prohibited for the failure to provide annual paid leave for two years in a row, as well as the failure to provide annual paid leave by employees under eighteen years and employees engaged in work with harmful and (or) dangerous conditions Labor.

Thus, according to the above standards, the vacation can be postponed to another time only with your consent.

Refer to the employer in writing with an indication of the articles of the Labor Code of the Russian Federation that its actions do not comply with the law. NITIPISHIT that you have already planned some personal affairs at this time, can be paid a trip somewhere and if the vacation widespread at another time, then you will incur losses that then you can recover from the employer. The letter is written in two copies, one register with the employer, leave the second with the mark. Or by mail by registered letter with a notice of the presentation and the description of the investment of the letter.

Having written such a letter you "untie your hands" and you can go on vacation without an order. And in the case of dismissal for the walk, you will be restored by any court (only pranaping another copy of the approved vacation schedule).

But this is in any case the conflict, so it is always better to agree in advance.

Decision

Good day!

Of course, everything is correct that the vacation schedule is a document mandatory for execution of both the employer and an employee. And you have to go on vacation according to the schedule, you are generally obliged two weeks before the start of the holiday is notified of him. Now it is not even necessary to write a statement, the main thing is notice and the order of vacation.

But, now I do not recommend going on vacation, I do not recommend anything, as well as with me and the delivery of the Verkhovnog Court of the Russian Federation of March 17, 2004 No. 2, because It will be a self-free care on vacation and yes, perhaps, dismissal. And yes, perhaps any court will restore you, but you need these stresses, these court sessions, etc.

In your case, still recommended, find a compromise with an employer. A consultant has recommended a letter very well to write a letter, customized with the notification and the description of the investment, but I recommend a little different text. And in the text, specify that in accordance with Article 123 of the Labor Code of the Russian Federation The order of granting paid leave is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the calendar year.

The schedule of vacations is required both for the employer and for the employee.


On the time of the beginning of vacation, the employee must be notified under the painting no later than two weeks before it began. But for some reason about the beginning of the holidays, I forgot to be brought to the painting, and you would like to receive a written answer to the reason for the reason for the vacation schedule, and that the reasons were specified specific, and not blurred and general, such as the production need because This need must be clarified and specified. And if the reasons will be specified certain, then you would like to find a compromise in this matter, and therefore in accordance with Article 124 and 125 TC RF you would like to familiarize yourself with the order where the specific dates of transferring your omit will be indicated.

If the reasons for not the provision of an optiscus will not be indicated or will be blurry and inconsistencies and not respectful, then you reserve the right to apply to the instance that is engaged in solving labor disputes.

By the way, here's from Delivery of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 on the dismissal for the program:

39. If labor contract The employee is terminated by subparagraph "a" of paragraph 6 of the first part of the first Articles 81. The Labor Code of the Russian Federation for driving, it is necessary to take into account that dismissal on this basis, in particular, can be produced:

d) for unauthorized Using the days of the ranks, as well as forself-full vacation care (main, optional). At the same time, it is necessary to take into account that it is not a skill with an employee of the day of rest if the employer in violation of the obligation provided for by law refused to provide them and the time of use by the employee of such days did not depend on the discretion of the employer (for example, the refusal to the employee who is a donor in providing according to part of the fourth Articles 186. Code of the day of rest is immediately after each day of blood and its components).

And by the way, care is self-defense on vacation, because Violated the vacation schedule, it will be precisely unauthorized vacation care, i.e. skip.

If you want to run through the courts, then of course, it is possible on the courts, but is it worth this vacation. The only one, if in your case there is a personal hostility, and it is possible, and if you have already paid and bought tickets and bought tickets, etc., you know it is apparently to restore justice.