Failure to pay compensation for unused vacation

Upon termination of the employment contract, all amounts due to the employee must be paid on the day of his dismissal, and if the employee did not work on that day, no later than the next day after he demanded payment (Article 140 of the Labor Code of the Russian Federation). Part 1 of Art. 127 of the Labor Code of the Russian Federation established that upon dismissal, the employee is paid monetary compensation for all unused vacations. At the same time, the same liability is provided for the incomplete payment of the amounts due to the employee within the time limits established by the legislation as for non-payment of these amounts in full.

Article 236 of the Labor Code of the Russian Federation establishes the material liability of the employer for the delay of payments provided for by law, including compensation for unused vacation. In case of violation of the established period, the employer is obliged to pay the specified compensation with additional interest in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time. Interest is calculated for each day of delay, starting from the next day after the due date for payment up to and including the day of actual settlement.

In addition, Art. 237 of the Labor Code of the Russian Federation provides for compensation for moral damage caused to an employee through the fault of the employer (illegal actions or inaction). In clause 63 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2 "On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter - Resolution No. 2), it is explained that the Labor Code of the Russian Federation does not contain any restrictions on compensation for moral damage in case of violation the employer of the employee's property rights. Therefore, an employee with whom payments have not been made in a timely manner has the right to compensation for moral damage according to the rules of Art. 237 of the Labor Code of the Russian Federation. Moral damage is compensated in cash in the amount determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of inflicting moral harm on the employee and the amount of his compensation are determined by the court, regardless of the property damage subject to compensation.

Administrative liability for violation of labor legislation (including the requirements of Articles 127 and 140 of the Labor Code of the Russian Federation) is established by Art. 5.27 of the Administrative Code of the Russian Federation. According to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor legislation entails the imposition of an administrative fine on officials in the amount of 1,000 to 5,000 rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from 1000 to 5000 rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days. Violation of labor legislation by an official previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of 1 to 3 years (see, for example, the decision of the Supreme Court of the Republic of Mordovia dated 29.02.2012 No. 7.2-13 / 2012, the decision of Primorsky regional court from 07.08.2012 in case No. 12-158).

Offenders are brought to administrative responsibility if their actions do not contain signs of a crime (see Art. 145.1 of the Criminal Code of the Russian Federation).

Lack of employment contracts

According to the second part of Art. 67 of the Labor Code of the Russian Federation, an employment contract that is not drawn up in writing is considered concluded if the employee started work with the knowledge or on behalf of the employer or his representative. With the actual admission of the employee to work, the employer is obliged to conclude an employment contract with him in writing no later than three working days from the date of the actual admission of the employee to work. Thus, the obligation to conclude an employment contract with the employee lies with the employer. Its absence is regarded by the regulatory authorities as a violation of labor legislation, which may entail negative consequences for the employer in the form of bringing to administrative responsibility in accordance with Art. 5.27 of the Administrative Code of the Russian Federation.

Lack of a vacation schedule

As follows from the provisions of Art. 122 of the Labor Code of the Russian Federation, annual paid vacations should be provided to employees in accordance with the sequence of granting annual paid vacations established by the employer. The sequence of providing paid vacations 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 onset of the calendar year in accordance with the procedure established by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations. The vacation schedule is mandatory for both the employer and the employee (parts 1 and 2 of article 123 of the Labor Code of the Russian Federation). The lack of a vacation schedule is also regarded by the regulatory authorities as a violation of labor legislation and is the basis for bringing the employer and his officials to administrative responsibility under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (see, for example, the resolution of the FAS of the North Caucasus District of 12.11.2008 No. F08-6874 / 2008).

At the same time, the absence of a vacation schedule does not relieve the employer of the obligation to provide employees with annual paid leaves.

Lack of internal labor regulations

By virtue of Art. 100 of the Labor Code of the Russian Federation, the start and end time of work, the time of work breaks, the number of shifts per day, the alternation of working and non-working days are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements. According to Art. 189 and 190 of the Labor Code of the Russian Federation, internal labor regulations are a local regulatory act approved by the employer, taking into account the opinion of the representative body of employees. The employer is obliged to familiarize the employee when hiring him with the internal labor regulations in force at the enterprise (part 3 of article 68 of the Labor Code of the Russian Federation). Accordingly, the absence of internal labor regulations may serve as a basis for bringing the employer to administrative responsibility under Art. 5.27 of the Administrative Code of the Russian Federation (see, for example, the decision of the Suzdal District Court of the Vladimir Region of February 24, 2012 in case No. 2-191 / 2012).

Failure to provide regular vacations to employees for a long time

Annual paid leave is a time of rest guaranteed by legislation, consisting of a certain number of consecutive days off from work and provided annually with the preservation of the place of work and average earnings (Articles 106, 107 and 114 of the Labor Code of the Russian Federation) to restore the employee's working capacity. Paid leave must be granted to the employee annually. Failure to provide annual paid leave for two consecutive years is prohibited (part 1 of article 122, part 4 of article 124 of the Labor Code of the Russian Federation, Rostrud letter of 08.06.2007 No. 1921-6). Thus, for each working year, the employee must be granted a paid leave. Violation of this rule is a violation of labor legislation and leads to bringing the employer to administrative responsibility under Art. 5.27 of the Administrative Code of the Russian Federation (see, for example, the decision of the Lyubinsky District Court of the Omsk Region dated 26.03.2012 in case No. 2-121 / 2012).

The employee, in turn, is obliged to use the vacation within the time frame established by the vacation schedule. The employee must be notified of the start time of the vacation with a personal signature no later than two weeks before its start (part 3 of article 123 of the Labor Code of the Russian Federation). If the employer warned the employee on time about the start of the vacation and gave him the average earnings no later than three days before the start of the vacation (part 9 of article 136 of the Labor Code of the Russian Federation), then the employee has no reason to refuse to go on vacation. In cases where the employee still continues to show up for work after the start date of the vacation specified in the schedule and order, the employer, in our opinion, should not take into account and pay for this time as a worker, since the employee was not given any orders to perform this time of work duties (Article 91 of the Labor Code of the Russian Federation); during the vacation, the employee is free from the performance of labor duties (Articles 106 and 107 of the Labor Code of the Russian Federation). In the top line of the corresponding columns of the timesheet, the letter code "OT" ("OD") or the digital code "09" ("10") is put down, the bottom lines of the columns remain empty (Instructions on the use and filling out of primary accounting forms approved by the decree Goskomstat of Russia dated 05.01.2004 No. 1) 1.

We also note that the failure of the employee to fulfill his job duties without good reason, that is, violation of the requirements of the law, obligations under the employment contract, internal labor regulations, job descriptions, regulations, orders of the employer, technical rules, etc. (paragraph 35 of Resolution No. 2) is a disciplinary offense (part 1 of article 192 of the Labor Code of the Russian Federation). Accordingly, an employee who was supposed to go on vacation, but, having violated the vacation schedule, nevertheless started work, the employer will have the right to bring to disciplinary responsibility in accordance with the procedure established by Art. 193 of the Labor Code of the Russian Federation.

1 Since January 1, 2013, the use of unified forms of documents is not mandatory, companies can approve and use their own forms.

An employee of the organization has not been on vacation for more than two years in a row and he is not going to take another vacation either. The HR specialist doubts that this is legal. How can an organization be threatened by failure to provide leave for more than 2 years in a row? Our experts have prepared an answer to this question especially for the readers of the portal.

Failure to grant a vacation under a ban

Employees of the organization who work under labor contracts are entitled to annual paid leave. Moreover, this right is not only for the main staff, but also for part-time workers, seasonal workers, "conscripts", etc. (Part 2 of Art. 287, 291, 295, Part 4 of Art. 310, Part 2 of Art. 312.4 of the Labor Code of the Russian Federation).

Some employees are entitled to extended and additional holidays (for more details see, "", "").

The right to vacation must be realized, therefore, the current legislation establishes, in particular, a ban on non-granting of vacation (part 4 of article 124 of the Labor Code of the Russian Federation):

• for two consecutive years;
• employees under the age of 18;
• employees engaged in work with harmful or hazardous working conditions.

Sanctions for violation of the law

• for officials - from 1,000 to 5,000 rubles;
• for individual entrepreneurs - from 1,000 to 5,000 rubles;
• for an organization - from 30,000 to 50,000 rubles.

For a repeated violation, the fine will be increased, and the officials of the organization may face disqualification (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

A selection of the most important documents on request. Responsibility of the employer for failure to provide leave (regulations, forms, articles, expert advice and much more). Normative acts: Liability of the employer for failure to provide leave "Labor Code of the Russian Federation" of 12/30/2001 N 197-FZ (as amended on 02/05/2018) up to eighteen years old and workers employed in work with harmful and (or) hazardous working conditions. "Code of the Russian Federation on Administrative Offenses" dated 30.12.2001 N 195-FZ (as amended on 07.03.2018) Article 5.27.

What is the penalty for not granting leave to an employee?

In addition to basic annual holidays, the schedule reflects additional annual paid holidays. Please note Additional vacations without pay for wages are not reflected in the schedule.

Attention

Holidays granted to external part-timers. The Labor Code does not mention the possibility of taking such vacations into account. But if the external part-time employee informs about the start date of the vacation at the main job, then the HR department will take this into account when drawing up the schedule, and the employer will be able to decide when to grant vacation to other employees.

Failure to provide leave on schedule. provision of vacation on schedule

Therefore, an employee with whom payments have not been made in a timely manner has the right to compensation for moral damage according to the rules of Art. 237 of the Labor Code of the Russian Federation. Moral damage is compensated in cash in the amount determined by agreement of the parties to the employment contract.
In the event of a dispute, the fact of inflicting moral harm on the employee and the amount of his compensation are determined by the court, regardless of the property damage subject to compensation. Administrative liability for violation of labor legislation (including the requirements of Art.
127 and 140 of the Labor Code of the Russian Federation) established by Art. 5.27 of the Administrative Code of the Russian Federation. According to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor legislation entails the imposition of an administrative fine on officials in the amount of 1,000 to 5,000 rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from 1000 to 5000 rubles.

Employer's responsibility for various violations of labor legislation

Important

At the same time, the absence of a vacation schedule does not relieve the employer of the obligation to provide employees with annual paid leaves. Lack of internal labor regulations By virtue of Art.

100 of the Labor Code of the Russian Federation, the start and end time of work, the time of work breaks, the number of shifts per day, the alternation of working and non-working days are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements. According to Art. 189 and 190 of the Labor Code of the Russian Federation, internal labor regulations are a local regulatory act approved by the employer, taking into account the opinion of the representative body of employees.
The employer is obliged to familiarize the employee when hiring him with the internal labor regulations in force at the enterprise (part 3 of article 68 of the Labor Code of the Russian Federation).

The employer's liability for failure to provide leave

Accordingly, the absence of internal labor regulations may serve as a basis for bringing the employer to administrative responsibility under Art. 5.27 of the Administrative Code of the Russian Federation (see, for example, the decision of the Suzdal District Court of the Vladimir Region of February 24, 2012 in case No. 2-191 / 2012). Failure to provide regular vacations to employees for a long time.Annual paid vacation is a time of rest guaranteed by legislation, consisting of a certain number of consecutive days off from work and provided annually with the preservation of the place of work and average earnings (Art.

106, 107 and 114 of the Labor Code of the Russian Federation) to restore the employee's working capacity. Paid leave must be granted to the employee annually.
Failure to provide annual paid leave for two consecutive years is prohibited (part 1 of article 122, part 4 of article 124 of the Labor Code of the Russian Federation, Rostrud letter of 08.06.2007 No. 1921-6).

What is the responsibility for failure to grant leave to employees?

In case of violation of the established period, the employer is obliged to pay the specified compensation with additional interest in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time. Interest is calculated for each day of delay, starting from the next day after the due date for payment up to and including the day of actual settlement.

In addition, Art. 237 of the Labor Code of the Russian Federation provides for compensation for moral damage caused to an employee through the fault of the employer (illegal actions or inaction). Clause 63 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 2 "On the Application by the Courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter - Resolution No. 2) explains that the Labor Code of the Russian Federation does not contain any restrictions on compensation for moral damage in case of violation the employer of the employee's property rights.

Failure to provide vacation for more than 2 years in a row: what are the fines

Compensation can be paid (1) only for a part of vacation exceeding 28 calendar days per working year; (2) only at the request of the employee; (3) if there is no prohibition on replacing vacation with compensation (About this additionally: In what cases can vacation be replaced with monetary compensation). In practice, the following methods are used to correct this situation. 1. The employment contract with the employee is terminated and upon dismissal he is paid compensation for all unused vacations. The next day, a new employment contract is concluded with the employee.

It goes without saying that this is done by agreement with the employee. 2. The employee is granted short leave with the seizure of days off, for example, from Friday to Monday inclusive.

In such a situation, the employee eventually uses all the accumulated vacations. In this case, not much working time will be used, and the employee will receive vacation pay.
RF Code of Administrative Offenses. Labor inspectors can find out about the offense when checking the organization or from the employee's complaint. Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Ministry of Health of Russia Situation: Is it possible to provide an employee with weekend leave By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one of the parts of this leave must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). Annual leave is given in calendar days, not work days. Thus, formally, the Labor Code of the Russian Federation does not prohibit the granting of vacation days on weekends, for example, on Saturday and Sunday, to an employee who works on a standard five-day working week.
Thus, for each working year, the employee must be granted a paid leave. Violation of this rule is a violation of labor legislation and leads to bringing the employer to administrative responsibility under Art. 5.27 of the Administrative Code of the Russian Federation (see, for example, the decision of the Lyubinsky District Court of the Omsk Region dated 26.03.2012 in case No. 2-121 / 2012). The employee, in turn, is obliged to use the vacation within the time frame established by the vacation schedule.

The employee must be notified of the start time of the vacation with a personal signature no later than two weeks before its start (part 3 of article 123 of the Labor Code of the Russian Federation). If the employer warned the employee on time about the start of the vacation and gave him the average earnings no later than three days before the start of the vacation (Part.

9 tbsp. 136 of the Labor Code of the Russian Federation), the employee has no reason to refuse to go on vacation.

The employer's responsibility for failure to provide the employee according to the vacation schedule

To the calculated duration of annual paid leave, the number of calendar days of leave for the previous period not used by the employee should be added. In addition, it should be taken into account that some employees are entitled to additional paid vacations (Articles 116-119, 173-176 and 350 of the Labor Code of the Russian Federation). According to part 2 of Article 120 of the Labor Code, when calculating the total duration of the annual paid leave, additional paid leaves are summed up with the annual basic paid leave. This means that the schedule from starts indicates the total duration of paid vacation. Important Certain categories of workers are entitled to extended leave - more than 28 calendar days (Articles 115, 267 and 334 of the Labor Code of the Russian Federation).

In accordance with the norms of Russian legislation, all employees, without exception, have the right to paid leave. The vacation schedule is drawn up and approved by the company at the beginning of the calendar year. It must necessarily take into account the interests of both the employer and the workers themselves.

Nevertheless, deviations from the vacation schedule are still possible. In particular, there are a number of categories of the population who reserve the right to go on vacation at any time. These include:

• persons who have not reached;
• women before getting maternity leave, immediately after it, as well as immediately after parental leave;
• men during the period when the wife is on maternity leave;
• victims of the Chernobyl accident.

Legal framework

The process of assigning vacations is regulated by several articles of the Labor Code of the Russian Federation, namely 115, 123, 124 and 125. They spell out all the main points, including possible exceptions or deviations from the vacation schedule.

In what situations can vacation be postponed

The guaranteed annual leave can be postponed or postponed by agreement between the employee and the employer in several cases. These include:

• employee;
• employee fulfillment of government obligations that require complete weaning from the main job for a certain time;
• the legal entity for one reason or another did not notify the employee about the upcoming vacation two weeks in advance;
• the employer did not provide vacation pay on time(the law establishes a period no later than 3 days before going on vacation);
• in all other cases that are provided for by federal law and regulations of Russia. A complete list of them is presented in article 16 of the Labor Code.

In the event that an employee's vacation for several days or weeks may adversely affect the economic activity of the enterprise, by agreement of the parties, the rest period can be postponed to the next calendar year.

In the event that the transfer is made out on the initiative of the employee himself, his manager must certify the appropriate, after which it will take effect. If the transfer of vacations is associated with production problems, the personnel department and the accounting department must have a written employee to carry out such an operation. In order to avoid conflicts in the new agreement, it is better to indicate the new dates of the vacation.

Note that vacation can be postponed for no more than 12 months... Moreover, this measure should not be a practice due to its exclusivity. For abuse of the postponement of holidays, the employer may be subject to penalties.

Penalty for not granting leave

The Labor Code of the Russian Federation prohibits not providing an employee for more than two consecutive years.

In situations with underage employees or those who are employed in hazardous industries, such failure to provide leave is punishable in fact - without a time limit. The corresponding norms are spelled out in Article 124 of the Labor Code.

Administrative responsibility is expressed in the following theses:

• in the case of the first violation, it is punishable by a fine in the amount of 30 to 50 thousand rubles, and for each subsequent violation - a fine from 50 to 70 thousand rubles;
• or an official in the event of the first violation is punished with a fine in the amount of 1 to 5 thousand rubles, and for each subsequent violation - a fine from 10 to 20 thousand rubles. In addition, officials may be subject to disqualification for a period of 1 to 3 years.

(No ratings yet)

A fine for not granting leave to an employee may be assigned by the labor inspectorate. In the article, we will tell you in what order the employer grants an employee a vacation, what a violation of labor laws is fraught with, and what to do if the employee himself wants to work without vacation.

The procedure for granting leave

The legal basis for regulating the relationship between the employee and the employer is the Labor Code of the Russian Federation, letters and orders of the Ministry of Labor of the Russian Federation. The State Labor Inspectorate (GIT) checks the compliance of the parties with labor relations with the legislation, and for its violation fines on the basis of the Code of Administrative Offenses of the Russian Federation.

Before figuring out what sanctions the GIT can impose on the company for not providing leave, let's figure out who and when gets the right to go on vacation.

An employee can apply for a vacation in the form of a vacation after six months of continuous work in the company. If the manager does not mind, then leave can be obtained earlier (Article 122 of the Labor Code of the Russian Federation).

In the future, vacation is provided in accordance with the vacation schedule - the company forms it annually in December for the next calendar year.

You will find the form and a sample of filling out the schedule in this article.

The vacation schedule is approved by the order of the head and is given against a receipt for review by each worker. From this moment on, the schedule is a mandatory document for both the employee and his management. His absence is a reason for a fine from the GIT.

ATTENTION! A number of employees have the right to demand vacation days at any time:

• minors (Article 267 of the Labor Code of the Russian Federation);
• women before and immediately after maternity leave, as well as immediately after parental leave (Article 260 of the Labor Code of the Russian Federation);
• men - during maternity leave of the wife (Article 123 of the Labor Code of the Russian Federation);
• Chernobyl victims (clause 5 of article 14 of the RF law of 15.05.1991 No. 1244-1) and some other workers.

For each year of work, the employee is entitled to leave of at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

Find out more about calculating seniority for annual leave.

The vacation period can be split, but one of the parts must be at least 14 days.

In what cases it is possible to postpone the departure of an employee on vacation

Annual leave can be extended (or postponed - by agreement between the employer and the employee) in the following situations:

• the worker is sick;
• the worker performs state duties - if they require release from the main job;
• the employer forgot to notify the subordinate 2 weeks in advance about the upcoming start of the rest;
• the employer did not pay vacation pay on time (for 3 working days);
• in other situations provided for by federal legislation and local regulations (Article 136 of the Labor Code of the Russian Federation).

If the departure of an employee on vacation negatively affects the economic activity of the organization, then the transfer of the vacation period to the next working year is allowed.

Can the director not let him go on vacation on schedule due to production needs and other vacation issues - on ours.

The documentary transfer of vacation rest at the request of the employee is drawn up on the basis of the employee's application and the order of the manager. If the change in vacation dates is related to production needs, then the personnel department or accounting department must have the written consent of the worker to transfer. For the convenience of both parties to the employment relationship and to minimize disputes, do not forget to indicate the new period of the employee's vacation in the order of the manager to postpone the vacation.

The employee must be allowed to rest no later than 12 months after the end of the working year for which the leave is due (Article 124 of the Labor Code of the Russian Federation). The transfer of vacation is an exceptional measure and should not be practiced constantly; the employer may receive a fine for a shift in vacation from year to year.

Penalty for not granting leave for more than two years

The Labor Code of the Russian Federation prohibits not granting annual paid leave to an employee for 2 consecutive years, and minors and those who are engaged in activities with harmful working conditions - not to provide vacation in principle (Article 124 of the Labor Code of the Russian Federation).

Administrative responsibility has been established for these violations:

The limitation period for violation is 1 year.

If the company breaks the law and does not send workers on vacation, then at the end of the calendar year, the vacation days do not disappear anywhere, but remain the organization's debt to the employee.

Example

For 4 years from the moment of employment of the programmer Igor Valentinovich Vasilchenko, LLC Sigma did not grant him leave, arguing that Vasilchenko is a valuable employee and the company needs it all the time. Consequently, the programmer has the right to 4 × 28 days = 112 calendar days of vacation (Igor Valentinovich does not belong to the category of beneficiaries entitled to additional days). If Vasilchenko decides to quit Sigma LLC, then the company will have to pay monetary compensation for the unused vacation of the programmer, and not for 1 year, but for all 4 - 28 days each.

Unused vacation days for previous years of work are provided to an employee in the current calendar year:

• or as part of a vacation schedule;
• or by agreement between the employee and his management (the employee writes an application for vacation, where he indicates the number of unused days of rest, and the employer endorses the application and issues an order for vacation).

During a calendar year, an employee can use several vacations (letter of the Ministry of Finance of the Russian Federation dated 05/13/2010 No. 03-03-06 / 4/55).

We will tell you how to do this in this article.

What to do if the employee does not want to go on vacation

Often there are situations when the employee himself does not want to rest and refuses to go on vacation. As we have already found out, such hard work is fraught with fines for the company. How to be?

First, make sure you have a vacation schedule and the stubborn person is familiar with it. The schedule is mandatory not only for the employer, but for all employees. And if the worker refuses to go on vacation in accordance with the schedule, this is a violation of labor discipline, punishable in accordance with the local normative act and the legislation of the Russian Federation (Article 192 of the Labor Code of the Russian Federation). The employer has the right to announce at least a reprimand to the employee.

The unauthorized exit of an employee during a vacation to work should be recorded in order to exclude further disputes about payment. This can be done by a personnel officer or an accountant. To suppress all discussions, you can even give an order to the security service of the company or the employee's immediate supervisor not to allow the worker to the workplace during the vacation days.

ATTENTION! It is possible to send an employee on vacation only with his consent - this is the fact of familiarization, on receipt, with the vacation schedule or the order of the manager to send the employee on vacation.

Some employers, trying to get out of the situation when the employee wants to continue working without violating the Labor Code, arrange a vacation period for the weekend. That is, the employee divides the annual paid vacation into several parts, one of them, according to the law, cannot be less than 14 days (Article 125 of the Labor Code of the Russian Federation), and he takes the rest of the parts on weekends.

For example, if an employee works for 5 days, then the accountant draws up 2 days of vacation for him every week - on Saturday and Sunday, until the worker uses all the prescribed vacation days. Thus, the employee will both exercise the right to vacation and will work in the same rhythm.

The Labor Code of the Russian Federation does not contain a direct prohibition of such a scheme. However, inspectors may nevertheless consider this practice to be a violation of the law: days off and annual paid leave are different types of rest time (Articles 106, 107 of the Labor Code of the Russian Federation). Taking leave for a weekend, even at the request of the employee, the employer reduces the number of days off for a subordinate, which leads to an actual increase in working time and infringement of the employee's rights (paragraphs 6, 12, article 21 of the Labor Code of the Russian Federation). The Ministry of Labor, in particular, draws attention to this. Therefore, we recommend that you practice this method of providing vacation: give the employee vacation days on weekends, capturing 2 adjacent days - Friday and Monday (with a five-day work week).

The worker may ask you to replace the vacation period with a cash payment. This is also prohibited by law - compensation instead of vacation is allowed only for days over 28 calendar days of the annual vacation period. An employee can receive money instead of a vacation only upon dismissal - in the form of compensation for unused vacation (Article 127 of the Labor Code of the Russian Federation).

Outcomes

The right to rest in the form of vacation is one of the basic rights of an employee guaranteed by the Labor Code of the Russian Federation. The parties to the labor relationship must agree on the vacation schedule in the vacation schedule and strictly observe it. Deviation from the schedule is possible by mutual agreement of the parties and should be documented. It is risky not to grant leave to an employee - in the event of a check, it is likely that fines will be imposed.