Providing paid leave after 6 months of work on the Labor Code: how to pay, how many days of vacation is it, is this right or obligation?

Everyone has the right to rest in 6 months in the first year of work.

Content

Paid leave is provided to each employee of the company, organization, enterprise, small company annually.

But it must be remembered that the rules for the provision of annual paid runs for the first year worked and subsequent working years differ from each other.
For relaxation in the second and subsequent years of work, there is a special schedule for the provision of ruins.
And when does the right to relax with an employee who works in the company only first year arises? You will find the answer to this and other questions in this article below.

Vacation in 6 months the right or obligation?

The employer signs the employee for a vacation

In the first 12 calendar months of labor in the organization, each person has a prerogative to go to the destruction after 6 months. Provided that he continuously worked for this employer to work. Accordingly, a person can go on vacation at the seventh month of work with a certain employer should be without a break.

Vacation after 6 months. Work is the right of each employee of any company. In addition, this fact is the obligation of each employer to work, but in the event that a person provides an appropriate written application.

If we consider this situation on both sides, the following will be clear:

Right: at the end of 6 months. The employee has a legal benefit for the receipt of off.
Duty: The employer has direct obligations of the presentation of the vacation period.

Also, when signing the application, both the employer and the person working for him are obliged to take into account personal interests and the need for the enterprise in the staff, as well as the existing opportunities. The boss, for his part, must agree on the number when the vacation period of the employee will begin.

Remember: The employee cannot take advantage of the privilege. The number of recreation should be agreed with the director of the company, enterprise. But in this case there is an exceptional moment - these are certain categories of people who have a prerogative to go on vacation without the consent of the employer. For example, these are employees who are younger than 18 years old.

Vacation before 6 months of work: is it permissible?

In special situations, the director is obliged to provide a working rest before the expiration of 6 months. His work is in a particular organization. This happens with a mutual agreement and in such cases:

When women are going to go on vacation related to pregnancy and childbirth or have already left this vacation period.
If an employee under the age of 18.
If an employee adopted one or more babies under the age of 3 months.
When an employee-man, whose spouse is in pregnancy and childbirths, wants to go on a 28-day vacation.
In other situations provided for by law 122, 123 and other articles of the Labor Code of the Russian Federation.

For example, the employee worked at the enterprise 90 days and said that she was pregnant, and also soon she needs to go on vacation for pregnancy and childbirth. In this case, she has a prerogative to take off before leaving for pregnancy and childbirth, despite the fact that she has not yet worked for 6 months. But the employer will provide runs only if the employee issues the relevant written application.

How many days of vacation is it: in full or not?

The law does not spell out the provision of incomplete relaxation, for example, in a proportional ratio of the worked period. As a result, it turns out that a person, having worked 6 months, can use the benefit and take off vacation days completely. Vering time in this case is affixed as if advance.

It is important to know: The employee has the right to ask for not all vacation days, but only some part of their vacation days. But according to the legislation, the days of the debris can be divided into shares with the full consent of the parties. If the employer does not agree with such a question, then he may refuse to be in the petition and provide a person with a full vacation.

If the vacation is still divided into parts, then it should be remembered that one of its parts should be at least 14 calendar days.

Provision of paid leave after 6 months of work on the Labor Code: how to pay for it?

If a person goes on a full vacation after 6 months. work experience at the enterprise, company, organization or at the factory, then it will receive full payment for this time of rest. If the employee took only some part of this vacation, for example, 14 days, then he will receive payment for this part of the rest.

It is important to know: There are situations when an employee after walking leaves, leaves. In this case, the employer may not sign a statement on the dismissal of an employee, since he must work out an advance, which was issued to him for leave after 6 months.

The same thing happens if the employee quits until the end of the labor period, which lasts one year. A vacation has already been allocated at the expense of this period. In this case, the employer has the right to withhold part of the issued average income for an unbearable time from the salary of his employee. But such deduction is not fulfilled if a person is quit on the grounds provided for in Articles 77, 81 and 83 of the Labor Code of the Russian Federation. In this case, the employer will have to apply to the court with a claim for holding the employee’s income for unhoused days.

Transfer of an employee to another company

If the employee has not yet worked for 6 months. In one company, and then it is transferred to work in another organization, then the accumulated experience is not preserved. A person should work in a new place for at least 6 months and only then he will receive the right to rest at a new place of work.

It is worth knowing: This is due to the fact that the contract with the previous enterprises is automatically terminated when the employee is transferred to another organization. A new agreement is drawn up at the new place of work, on the basis of which the employee can use his right to leave after 6 months. work.

The provision of vacation days for the second and subsequent years takes place in any month on the basis of the vacation schedule of the enterprise. Regarding the specific categories of employees, there are exceptions and the provision of vacation days is carried out taking into account their desires, regardless of the current vacation schedule.