Each employee based on 28 days leave, of which 14 days should be thulani in a row – the rules have not changed. But this year, in time for legal rest people will be much less – it is obvious that most of the planned in the first half of the holiday will move to the second half of the year, and for many organizations, this will not be easy.
it should be remembered that the law defines the categories of workers who have the right to leave at any time, that is, outside of holidays, remind in the legal service of the Federation of independent trade unions of Russia.
Entitled to priority summer vacation have:
– adoptive parents of children up to 3 months (article 122 of the labour code);
– dekretnitsy before and after a holiday and maternity leave (article 122, 260 of the labour code);
– men women on leave for pregnancy and childbirth (article 123 of the labour code);
underage workers (article 122, 267 of the labour code);
– spouses of persons on military service (FL-76 article 11)
working with disabilities (FZ-5, art. 14, 16, 17,18, 19);
– heroes of the Soviet Union and Russia (FZ-4301-1, article 8);
– pluralists, if the main work they have summer vacation (article 286 of the labour code);
– honorary donors (FZ-125 article 23-1-1);
families with many children, fathers and mothers, parents of kids with disabilities (article 262.1, 262.2 TK the Russian Federation).
Dropped in April planned holiday to the automatic transfer and extension elsewhere cannot be non-working days are non-working holidays, warns lawyer Nikolay Titov. This order is fixed by the letters of the Ministry of labor of Russia. The employee must take a vacation.
If the employer went to meet the April vacationers and carried them the rest for the other periods, to cast over the new schedule will have him. If you pick up everyone in the team comfortable periods will not work, will only transfer the rest next year. This opportunity allows the Labour code.
“In exceptional cases when granting of holiday to the worker current working year can adversely affect the normal course of work of the organization and this can be proven, is allowed with the consent of the employee transferring leave to the next working year, says business-mediator Yuri Built. – The leave must be used no later than 12 months after the end of the working year for which he is available.”
But then there is another story about which few people thought when he sent workers to udalenku. Notification of leave the employee needs to sign at least two weeks prior to your holiday. And if another requirement is to transfer the money at least three days in advance – in the current environment is still practicable to flourish in the “familiar” became quite difficult. The same applies to ��Lazebnik notes with a request to transfer the holiday to another date. To work remotely many have already learned, but the implementation of such a seemingly formalities unexpected and sometimes seemingly unsolvable problems.
Experts in employment law offer a way out. There is no possibility to obtain the employee’s signature on a sheet of paper or a paper original application, to use instead of them e-mails. The digital signature is not at all, but even a simple e-mail can be sufficient proof. Another option is legally significant things to announce in the working messenger organization. Then other participants of the common conversation will witness. Importantly, the worker clearly and unequivocally acknowledged. And then, when the coronavirus leave, it will be possible to execute all formal paper, instead of which in emergency mode based on electronic messages.
the Loss of a home away from home for the April holidays cannot be a reason for extending it, say lawyers. But if on vacation, there was a period of temporary disability, the days of rest when an employee was on sick leave must be filled. The newsletter is available for a variety of reasons. In addition to the immediate disease, it may be issued by one of the parents of the preschoolers whose kindergarten was closed because of the pandemic, simply because with no one to baby sit. Or if the person was in contact with an infected COVID-19 and should sit in isolation.
