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Grounds for granting priority rights to summer vacation
In addition to the right to work, every citizen of Russia also has the right to rest. This provision is enshrined in the main law of the country - the Constitution. It is implemented in various ways. One of them is the legally regulated provision of an annual paid vacation period to all workers.
The rules relating to this procedure are contained in Chapter 19 of the Labor Code of the Russian Federation. It regulates the grounds for obtaining leave, its duration and registration rules.
Article 122 of the Labor Code of the Russian Federation separately stipulates the order in which vacations are received in an organization. As a general rule, the right to an annual rest period arises after working for 6 months in a given company. But certain groups of working citizens acquire this right earlier.
The law classifies as such workers who are under 18 years of age and women who are pregnant. They are given the opportunity to preferentially choose their vacation period, including in the summer.
Who has the right to summer vacation on the basis of the Labor Code of the Russian Federation
According to Art. 122 and art. 260 of the Labor Code of the Russian Federation, women who are pregnant have the right to receive leave regardless of the length of the time period that they worked for a given employer. The law allows them to use annual leave in addition to maternity leave. In this case, the organization has to deviate from the schedule of pre-planned vacations.
Note! Part 3 art. 123 of the Labor Code of the Russian Federation states that the husband of a woman who is on leave due to pregnancy and childbirth has the right to receive leave at this time, regardless of the schedule previously approved by the enterprise and the duration of the period of work in the organization.
The law granted a similar right to part-time workers. By including Article 286 in the Labor Code, the legislator provided citizens working part-time with an advantage in choosing a vacation period. It must coincide with the rest time at the main place of activity of this employee.
If by that time the part-time worker has not yet worked for 6 months, leave in this organization is provided to him in advance. If the duration of leave issued by the main employer turns out to be longer than part-time leave, the difference is compensated by granting leave without pay.
In order to assist citizens adopting children, labor legislation (Article 257 of the Labor Code of the Russian Federation) gives adoptive parents a special right to leave.
Its duration is longer than usual and is a maximum of 70 days. This period begins on the date of adoption and lasts until the child is 70 days old.
For employees who have adopted more than one child, leave is given until the expiration of 110 days from the date of their birth. It follows that the priority right to receive leave is given to those employees who have adopted a child under 3 months old.
This procedure applies exclusively to adoptive parents, and the special procedure for granting leave applies only to one of the spouses. Minor workers also have the right to choose the vacation time that suits them (Article 276 of the Labor Code of the Russian Federation).
The best time for a vacation: who is entitled to vacation in the summer primarily by law and how to take it?
The vacation schedule at enterprises is drawn up annually based on employee statements about the desired rest period.
Most people strive to choose the warm season, but production cannot be stopped, so the distribution of vacationers by month begins with those workers who are legally entitled to vacation in the summer.
For other workers, a kind of queue is established for the opportunity to rest in the summer in a year or two.
Legislative norms
The right of workers to rest on weekends, holidays and annually according to the norm established by law is enshrined in the Constitution of the Russian Federation - Art. 37. Most of the country's population lives in a cold climate and the desire of people to relax in the warm season is understandable.
The question of who has the first right to summer vacation is covered in several documents:
Summer months are considered to be the period from June to August inclusive. But some enterprises also include September as this time.
Each company has the right to independently set the boundaries of summer vacations.
Who has the first right to vacation in the summer?
Annual rest is provided according to the schedule approved by the manager before the start of the working year - Art. 123 TK.
The document is drawn up taking into account the preferential rights of certain categories of employees to rest at a time convenient for them: the required time is accepted regardless of the production necessity of the beneficiary’s presence at the workplace. Lists of workers who are entitled to summer leave primarily by law can be found in the documents from the list of norms in the previous section.
Benefits for the summer under the Labor Code
Chapter 19 of the Labor Code is devoted to the procedure for providing rest, its duration and categories of workers with a preferential right to choose the time of a break in work activity. You can take your first vacation at the company after 6 months.
The basis for receiving summer benefits is belonging to one of the categories of workers specified in the relevant articles of the code:
If an employee, with his consent, is recalled by the employer from his next vacation, then he can receive unused vacation in the current or next year in the summer.
Adoption benefits are available only to one of the spouses.
Priority vacationers for other reasons
Regional legislators establish certain benefits, including vacation pay, for labor veterans, but at their own discretion: they may not exist; information should be clarified with local authorities. Federal laws apply to all citizens of the country.
Summer leave is mandatory upon request of workers specified in the laws:
The list is not exhaustive. The listed categories of employees are granted leave upon application at a time convenient for them. There is another group of summer benefits: for special working conditions. These include employees working in the Far North, in hazardous conditions, and on irregular work schedules.
Realization of the primary right to rest
The head of the company is responsible for the implementation of the production program: it is not always possible to fulfill the conditions of all beneficiaries. Moreover, the need to make a decision on an application may arise at any time of the year. In all cases, an appeal to the manager must be confirmed by a document certifying that the employee belongs to a preferential category of citizens.
Ways to exercise priority rights:
- write an application for inclusion in the vacation schedule in advance;
- contact the employer with a request to postpone the vacation to another time when appropriate circumstances arise: a certificate of summons to take a session, pregnancy, adoption of a child, and others;
- notify the head of the enterprise when an employee is recalled from vacation early about the desire to use the remaining vacation in the summer;
- take advantage of the provisions of Art. 125 TK and divide vacation days into parts for the rest of one of them or all of them in the summer.
The head of an enterprise often finds himself in conditions where failure to provide leave to a beneficiary will lead to a violation of the law, and satisfying the employee’s request will lead to disruption of the plan. Both of these have unpleasant consequences.
It is always necessary to look for a compromise option that suits both contracting parties. A categorical refusal to grant summer leave to an employee who has legal benefits will offend the person and force him to seek justice.
What to do if you are not allowed to leave work?
The rightful beneficiary in his demand for a summer vacation period has the opportunity to seek protection from the labor inspectorate. Such a move by the employee will harm his relationship with the employer.
The application is written in any form and must provide the following information:
- the name and details of the citizen whose rights have been violated;
- address and coordinates of the employer;
- description of the problem, please resolve it.
Excessive details should be avoided. At the end of the appeal, put a date and signature. There is no need to express a personal opinion about the leader; it is better to keep emotions to yourself. When describing the situation, adhere to the chronology of events.
Benefits from the state are given for the benefit, but the privilege should be used taking into account the interests of the enterprise. Summer vacation is just an episode in a work biography.
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Which parents of minors can take priority vacation in the summer?
The Code does not contain an article that would give the right to extraordinary leave to parents of minor children. But at the same time, acts of the USSR Council of Ministers, which give the opportunity to choose a vacation period for mothers of children under 12 years of age, continue to remain in force.
The above-mentioned resolution and order of the USSR Council of Ministers are still subject to application, as proven by judicial practice.
Thus, on June 17, 2014, the Supreme Court of the Russian Federation considered case No. AKPI14-440 on the invalidation of sub. 3 paragraph “b” of the resolution, which provides priority in choosing a vacation period for women with children under 12 years of age.
The panel of the Supreme Court of the Russian Federation considered this normative act not subject to recognition as invalid. The applicant's arguments about discrimination against childless workers were found to be groundless.
Order No. 2275r of October 30, 1985 also continues to be in force, which gives similar priority to single fathers. So, a woman who has one child under the age of 12 does not have the right to apply for leave at an extraordinary time, but a mother of two or more such children has a similar right.
Currently, the question of legislative consolidation of similar provisions is ripe. In this regard, a bill was developed to introduce amendments to the current Labor Code. It is currently under consideration by the State Duma.
Watch the video. On the order of granting annual paid leave:
Priority right to leave for other categories of employees
The following persons have the right to plan an annual vacation at a time convenient for themselves, including in the summer:
- workers under the age of 18 (Article 122, Article 267 of the Labor Code of the Russian Federation);
- liquidators of the consequences of the Chernobyl accident, including those who became disabled as a result;
- disabled war veterans and persons who participated in hostilities (the norms of Article 14 of Law No. 5-FZ), including combat veterans;
- military spouses - in accordance with the serviceman's leave period (Article 11 of Law No. 76-FZ);
- persons awarded the title of Hero of the USSR and Hero of Russia (Article 8 of Law 4301-1);
- parents with the status of having many children (Decree of the President of the Russian Federation No. 431);
- military personnel whose family has three or more children under 16 years of age;
- employees who have the title of honorary donor of the country, including those who received it in the USSR (Article 11 of Law 5142-1);
- employees of the Antimonopoly Service of the Russian Federation, recognized as its honorary employees;
- workers who are simultaneously undergoing training in educational institutions (Article 177 of the Labor Code of the Russian Federation);
- part-time workers - with the right to receive leave at the same time as at their main job;
- teachers and teachers of educational institutions - during the summer holidays;
- mothers and single fathers who have more than one child under 12 years of age in their family;
- single parents with military status whose child is under 14 years old;
- employees who, due to the needs of the organization, were recalled from annual leave. Such citizens have the right to either use the remainder of the vacation in the same year, or use it the following year, adding to the new vacation.
Implementation of the priority right to vacation in the summer
The current procedure requires the employer to draw up a vacation schedule taking into account the opinions of all employees.
In some cases, the employee’s status may change after the schedule has been formed. One example of such cases is pregnancy or adoption of children. In such situations, the employee may apply to postpone the pre-planned rest period to another time that is more convenient for him due to the new circumstances.
You should also take into account the possibility of using vacation in parts, which is provided by Art. 125 Labor Code of the Russian Federation. The law does not indicate during what period the use of such parts of rest time should occur.
If the vacation was interrupted on the initiative of the enterprise administration, the employee can use the remaining part at a time that suits him, including during the summer.
The employer does not give vacation: what to do?
It happens that managers do not allow people to go on vacation outside the general schedule, citing production needs. In such a situation, you can try to resolve the conflict by explaining the need to go on vacation during this period. In turn, the employer, interested in the person working for some more time, can motivate him by offering to pay a bonus or give additional time off.
If an agreement cannot be reached, the employee whose rights are violated has the right to write a statement and go on paid leave on his own. According to Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17, 2004, this is not considered absenteeism.
In addition, you can apply for protection of your interests to the following authorities:
- To the labor dispute commission. Unfortunately, in many enterprises this useful body has long been abolished, but in large companies with a solid reputation, CTS operate successfully.
- To the trade union (if there is one).
- To the territorial body of the State Labor Inspectorate. Employees of this authority are authorized to issue orders that restore justice and fine negligent employers. A company that does not allow an employee to take legal leave may be subject to a fine of 30,000 to 50,000 rubles. (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Additional summer holiday
Above we talked about basic leave, which is provided annually with pay. In addition, the law provides for certain categories of citizens additional holidays also in the summer.
Additional leave is granted in two cases:
- if it is provided for by legal norms at the federal or regional levels;
- if it must be provided in accordance with the internal policy of the company and its local regulations or an employment contract.
In the second case, the provision of additional leave is entirely the initiative of the employer, so it is impossible to provide details in advance.
Legislative regulation
Basically, the provision of leave out of turn is regulated by the Labor Code of the Russian Federation, but below we will consider other federal and regional regulations that may affect the order in which summer leave is granted.
The summer months for vacations are usually June, July and August. Some companies also choose September for summer holidays , but this is not done everywhere. Thus, the definition of summer months is individual and may vary depending on the organization.
Watch a video about an employee’s right to basic and additional leave:
