Does the employee have the right to use the vacation for the first year of work? Vacation in the first year of work of the Labor Code of the Russian Federation: grounds, procedure for providing

Often when applying for work, many are wondering - when is the vacation? In our article, we will tell you whether the new employees are entitled when it can be obtained and how to do it.

Content

Not everyone knows, but in the first year of work, everyone has the right to leave. The duty of the employer is to provide it. This is done despite the fact that the vacation will not be fixed in the schedule. However, there are certain restrictions on its receipt so that there are no problems with compensation in case of dismissal.

Vacation in the first year of work: employee rights

Upon entering a new workplace, each employee immediately wants to know when he is laid out a vacation to plan a rest time. This issue can be immediately discussed with the employer and clarify the specific date. However, it must be understood that the rest is not for the full year of work, but begins to count from the date of employment. So for all employees are individual reports.

For the first time, an employee can go on vacation 6 months after the start of work. This is stipulated in the Labor Code of the Russian Federation Article 122. Moreover, you can apply for a full vacation along with additional days that are laid under the contract.

How is the annual paid vacation provided?

Each enterprise without fail has a vacation schedule, which is compiled in advance and the date of care and exit is determined in it. They are compiled every year until mid -December. In addition, vacation can be divided into several parts at the request of the employee, but at the discretion of the management. It still includes periods that have not been walked over the past year for various reasons, but this has nothing to do with our situation.

Of course, a new employee cannot in no way be in this schedule. Therefore, the period and the possibility of providing leave cannot be agreed unilaterally. This is discussed personally with the leader and the current schedule is taken into account.

Is the employer obliged to provide leave 6 months after employment?

Article 122 of the Labor Code of the Russian Federation stipulates that all working people have the right to receive the first vacation after six months of work. Thus, the employer is obliged to provide him. Sometimes this should happen earlier, but only if cases are provided for by law.

In this regard, relying on the legislation, the employer may refuse to grant leave. Especially often, refusals come in such cases when the employee’s departure will poorly affect the production process.

Can the employer not provide leave after 6 months of work?

Yes, of course, the employer cannot refuse to provide leave. That's just a specific period should be agreed. In this case, both sides should find a compromise profitable for everyone, the only way you can achieve good results. With all this, there are some cases when an employer can provide a vacation even earlier than 6 months:

A pregnant woman before the maternity decree for the birth of a child
Minors regardless of the reason
Employees who adopted the baby under three months

In other cases, you will have to wait six months.

Can the employer divide the vacation without the consent of the employee?

Often, employers divide leave into several parts. Although in most cases the employees themselves are the initiators of this action, there are employers who are initiators of this process.

In article 125 of the Labor Code of the Russian Federation it is clearly pronounced that you can only share a vacation if both parties agree to this and the relevant documents are necessarily signed for this.

As a rule, division is understood as not a normalized ratio of parts, but one of them cannot be less than two weeks. The law does not stipulate the seasons in which one or other periods can be provided.

By the way, some employers make a gross mistake and give the employee a vacation for the actually worked time. According to the legislation, the employee has the right to full, even additional leave, despite the fact that they have worked out not a full year. So be careful and know your rights.