“the Schedule of holidays is obligatory for the employee and the employer, – reported in the Fes. – Change is possible only by agreement of the parties. If there is a necessity of carrying over of leave initiated by the employee, he must write a letter to the employer and coordinate it with the supervisor”.
However, there is one exception. The employee must be warned about vacation two weeks before it started, it have to pay holiday pay. “If this is not done, the employer upon written request of the employee is required to postpone paid annual leave to another period agreed with the employee,” – said the lawyer Julia Golovanova. In the mode of non-working days such bureaucratic lining may be, if desired, they can be used.
However, the loss of the holiday period non-working days, it turns out, there are pluses.
“Based on the concept of “isolation”, the absence of the employee at the workplace is encouraged, – explained the head of the legal Department of apparat FNPR – the chief legal inspector of work of the Federation Yuri Peleshenko. – Therefore the annual paid leave must be used by the employee for the appointment in any case, the payment calendar vacation days above the “payment holidays”.
the Employer has no right to require its employees to postpone paid annual leave on days off or take vacation time without pay, sure all the experts.
“an Employer is not entitled to send an employee on leave without pay, – added in the Fes. Such a leave is possible only at the request of the employees ‘ family circumstances and other valid reasons. In order to provide it, the employee must submit a written statement. This is not to provide worker’s pressure.”
the same applies to force the postponement of annual paid leave. As explained by Julia Holodilova, in the case that the employer will go for it, it would violate the employee’s right to rest, realized in the formation of the vacation schedule.
the Only thing that can make its decision by the employer to introduce part-time shifts. This is possible only in the company, which continues to operate.
“an Employer to preserve jobs, on the terms and in the manner provided by part 5 of article 74 of the labour code and article 93 of the LC RF, has the right to impose part-time working day (shift) and (or) incomplete working week for a period of up to six months with pay in proportion to hours worked”, – says Yuri Peleshenko.
it is Clear that there are situations when managers ask subordinates to meet them and help the company to reduce costs for with��local bright future. However, this is a request, and whether to take the job, everyone is free to decide for himself. If the employer is trying to make an “offer you can’t refuse”, this is the direct reason to seek protection of their rights in labour inspection. To do this, including using the service “Coronavirus: a hot line” on the portal Onlinespecial.of the Russian Federation.
