How many months after the job placement is the first vacation
Who is right, who is to blame
Article 122 of the Labor Code establishes the right of the employee to an annual paid leave after six months of work in a new place. At the same time, it is the duty of the superiors to provide him with a well-deserved rest no later than after the expiration of the eleven months worked, in other words, for a full working year.
It is not easy to understand these issues legally unprotected, therefore, employees and their management are not immune from typical mistakes and errors. Instructions on actions in disputed labor situations about the granting of holidays in the legislation sound ambiguous. A fitting way out is to appeal to its interpretation.
To be a vacation or not to be, that's the question
From the right of the employee to leave does not follow the duty of the employer to give him what he wants on demand after six months of work. The law has in mind only that the six-month period gives the employee a reason to get leave. This does not mean that it will be provided immediately after the above mentioned time. There are such concepts as schedules of holidays, in accordance with which the labor process is built, as well as the production need, which does not always allow several workers to vacate at once.
Legislatively, an employer must not prevent a subordinate from taking a vacation for a full year. If we talk about earlier terms, then they remain at his discretion and do not depend on the wishes of the employee. At the same time, when the parties managed to come to a mutually beneficial agreement, leave may take place not only after six months of work, but even earlier. It should be borne in mind that when a vacation has not been received, the employee has the right to indulge in it completely, all 28 calendar days or other amount, regulated by legal norms.
The Labor Code contains an exhaustive list of reasons that oblige the employer to meet the subordinate regardless of the term of cooperation. "Women - before or after maternity leave; employees under the age of eighteen; employees who adopted a child under three months of age; in other cases provided for by federal laws. "
What, as a rule, does the bosses fear, not wanting to give the employee a quick rest? All often rests on the money issue, because if the employee does not complete the year before the end, the enterprise will suffer losses because of the paid vacation pay. Such fear is devoid of grounds, because in this case excess payments are collected from wages in the final calculation.