After how many months is the vacation to the employee? How many days of vacation is it supposed to be a new employee?

In this article, we will talk about what time and in what quantity is the vacation to the new employee.

Content

Based on the Labor Code of Russia, each employee has every right to annual leave, the days of which are already charged from the moment the employment contract is concluded. However, do not forget that vacation days are provided only to those employees who have worked in a particular company for a certain period. Therefore, in this topic, we propose to study questions with the first fuss in a new place.

When does the new employee are entitled to leave after a job?

Naturally, all these issues are regulated by the Labor Code of the Russian Federation, and therefore we will build from them. It is only worth noting that on annual and paid leave only officially employed employees can count!

First of all, we will consider 21 article, Where the responsibilities and rights of any worker are clearly prescribed, where there is such a privilege as an annual vacation period.
114 The same articleit complements it because the employee cannot fire on vacation. Indeed, legally, the employer does not have such a right. Yes, and to deprive or change without the knowledge of the worker, the salary is also not allowed.
115 articlesets the average foyal limit - 28 days. That is, for almost a month an employee can rest. Therefore, from the logical side it is clear that after 11 months of work, the new employee must go on vacation.
But art. 120 Corrects this law, since the length of the switch can be regulated depending on the position and working conditions. By the way, you can see the category of citizens who are entitled to a longer vacation in the material "Who is supposed to be elongated vacation?".

Important: a new worker is made on a vacation schedule, that is, put in the queue, immediately during employment. The time of the roasts itself must be formulated and signed no later than 2 weeks before the start of the new year, for which vacations will be issued.

But 122 articlealready expanding the above information. In addition to the fact that anyone and every employee can count on vacation, he must also be paid. The term is supposed to - from 6 months. That is, a new employee can go on the first vacation six months later!
The same law regulates a small amendment for a certain group of citizens, for example:
- women in an interesting position may ask before the decree of an early or advance debris, which you can see in the topic "Vacation before the decree";
- or minor employees can count on a shorter term before the first vacation;
- as well as guardians of babies under 3 years old;
- heroes or war disabled people, the liquidation of the Chernobyl nuclear power plant, the Order of Glory, etc.
In this case, the vacation will be taken in advance, that is, an advance. But this is the list of incomplete, you can see the category and conditions for leaving on such vacation in the material "Important subtleties of a vacation in advance".

Important: when consistent with the employer, any employee can go on vacation and up to six months. But in this case, the employer takes risks for possible losses. Therefore, it has the right to refuse.

How many days of vacation is it supposed to be a newly -made employee?

During the worked year, the worker has the right to leave for 28 days of rest. But this is based on 12 months. In general, the average coefficient is 2.33 days of Ridowing per month. And so, if we multiply at the worked time 2.33*6, we will get only 14 days.
But the law has not been stated anywhere that the vacation period must be divided. 115 The article speaks only of the assumed 28 days, which should be provided to each employee once a year. There is an amendment for an extension fuss, but it should only comply with the norms and completely depend on the category.
But here it turns out - upon dismissal, which an employee can easily do during rest, the employer can go into minus. By the way, you can read more about dismissal during the jet in the material "How to quit during vacation without working out?".

Important: you can only take only part of the vacation on an agreement on an agreement. But this must be agreed with the employer and at the request of the employee!It is impossible to refuse to leave an employee, as we dictate to us article 124, as well as Art. 5.27 Code of Administrative Offenses. The last chapter describes a fine of up to 50 thousand rubles. True, everything should be in order.

Refuse the vacation if he does not recall the schedule, you can’t

Therefore, if the employee wants to go on vacation at a certain period of time, he must provide a written statement to the company director with a request to provide him with a vacation in a specific time period no later than three weeks. He can transfer the rest of it the rest of the year.
Remember - the vacation that is provided to each employee annually can be conditionally divided into several parts if If the main part of the switch is two weeks. That is, according to the outcome of two weeks, the remaining vacation days the employee has every right to share as you like. There is no law in the Labor Code that would prohibit acting in this way.
It is also worth noting that the remaining part of the ruin can be taken on any day of the week, but only if it was in advance and agreed with the employer.

As seen, six months later, a new employee has the right to count on legal leave. At the same time, he can use the full vacation or divide into several parts, depending on the agreement with the leadership. It is just important to understand that passes without a good reason or a time for the baby care for a common guard are not taken into account. That is, the vacation is not charged for them.