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The Labor Code provides for the employer's right, if necessary, to maintain the normal rhythm of the organization's work (Article 124 of the Labor Code).

The main condition for the legality of the transfer is the written consent of the employee.. Responsibility for refusing such an offer is not established by law, therefore, if it is important for an employee to go on vacation exactly during the planned period, then he may well refuse the employer.

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Is it legal not to let you go on vacation according to the schedule?

Do not let the employee go on vacation, the employer has no right. He can only carry out the transfer of this period to another period with the consent of the employee. This procedure is formalized by issuing a transfer order.

Who can't be granted leave?

Leave cannot be denied:

• pregnant women before or after the decree;
• persons who have adopted an infant under the age of three months;
• the spouse of a woman on maternity leave;
• other categories of employees provided for by law.

For the listed persons, a privilege has been established to receive leave, they do not even need to wait for it to come on, it is enough to write an application to the employer asking for it.

This application cannot be denied.

It is prohibited not to grant leave during the year to persons under the age of majority or working.

For two consecutive years, vacation cannot be transferred, that is, if an employee has already postponed vacation once, then when his time has come for the second time, a second transfer, even with the consent of the employee, cannot be made.

Employees who do not have any privileges in terms of receiving leave are granted and transferred on a general basis.

Reasons for refusal

There are no clear criteria for determining whether an employee's departure on vacation will negatively affect the work of an organization or entrepreneur in the law. The employer decides this at his discretion and coordinates this position with the employee

An example of a possible reason for rescheduling a vacation would be if the organization has two employees doing the same job, such as a lawyer. Let's say that it's time for one of them to go on vacation, but, shortly before that, the second employee went on sick leave. In such a situation, if the first employee is released on vacation, the organization will be left without legal support. If you can’t do without a lawyer, then the manager can ask the employee to postpone the vacation until the second specialist leaves the sick leave.

Also, the organization may be in dire need of all employees to work, when receiving a large order at the enterprise producing any product.

In such a situation, the manager may have reason to believe that if one of the employees working in the production sector of the enterprise goes on vacation, then it will not be possible to complete the order within the time agreed with the customers. He can ask for the postponement of all vacations falling on this period.

What should an employee do if he is not allowed to go on vacation?

If the employer, despite the refusal to postpone the vacation, still did not provide it to the employee, although the time for granting it came up, according to the approved schedule, you can apply to various authorities for the restoration of your violated right.

Such an appeal can be sent to the labor inspectorate, trade union or court.

It is advisable to attach to the submitted complaint copies of documents confirming the right to leave, for example, a copy of the vacation schedule, as well as documents confirming the fact of being in an employment relationship with the employer.

The employee does not have the right to go on vacation without authorization before the issuance of an order to grant it. Otherwise, the employer will receive a basis for it.

That is, if you applied somewhere with a complaint, you need to wait until it consider, oblige the employer to provide leave and he will fulfill this order.

Before writing complaints, you can talk with the employer and inform him that taking a vacation is necessary, for example, because vouchers have already been purchased for his period and vacations of other family members have been agreed so that everyone can relax together.

Also in this conversation, if after the first part of the conversation it was not possible to reach an agreement, it can be said that one does not want to create a conflict situation, but it prevents the employee from exercising the legal right to rest, and if the leave is not granted, this will be followed by an appeal "where necessary".

Where to go we have already discussed above.

After this conversation, a competent employer, most likely, not wanting to once again contact the regulatory authorities, realizing that he is the obviously losing party in this situation, will let the persistent employee go on vacation. And, perhaps, he will do it simply by entering the position of a vacationer, because the boss is the same person, and if you build a dialogue correctly, he will understand everything.

Each employee who works on the basis of a concluded labor agreement has the right to an annual rest period. All vacations at the enterprise are granted on the basis of a predetermined vacation schedule, which both parties must comply with.

But a situation may arise that during the period when a vacation is provided for an employee, his presence at the enterprise is required. Then it is necessary to determine whether the employer has the right not to let the employee go on vacation.

The enterprise must operate in a non-stop mode. Therefore, a situation may arise when it will be necessary for the employee to be present at his place during the period when a vacation is provided for the latter, or the employer will call him to work before the end of the vacation.

In such a situation, the employee must know whether the employer has the right not to let go, and what exactly the employee himself wants.

Usually, if the employee agrees to such a step, then his vacation will be transferred to another period convenient for the employee, and the employee himself will continue to perform his duties.

Attention! The law provides for situations where management has the right to involve an employee during his vacation, and at the same time obtaining his consent in this situation is not required. But such cases are rare.

If the employee does not want to refuse leave, and his employer does not have the right to leave him without consent, then an application must be submitted to the director. In this document, you need to give a link to the current vacation schedule and indicate that the employer is obliged to comply with this schedule.

If the management still refuses to provide a vacation period, then it is necessary to file complaints with the regulatory authorities - the labor inspectorate, the prosecutor's office.

Attention! In addition, if the rest period is fixed at, then the employee has the right not to go to work at this time. However, he needs to notify management about this. in this situation they are not eligible.

With such an action, the employee may have problems with receiving vacation pay, which simply will not be transferred to him. But their untimely payment is also a violation on the part of the company, and therefore on this issue it is also possible to file a complaint with the regulatory authorities.

In what cases can the boss refuse to take vacation?

Employees most often do not know whether the employer can refuse basic or additional leave. Let's take a closer look at the situations that arise.

No vacation schedule

The procedure for granting rest is regulated by the vacation schedule, which must be drawn up at the end of each calendar year for the next one. This is a mandatory document for every company where there is at least one registered employee.

If not, then the consent of the company administration may be required to receive leave. On the other hand, the competent authorities may punish the company for its absence.

Attention! If an employee goes on vacation for the first time, he must be granted leave as soon as he has worked in a new place for 6 months.

Attempt to go on vacation out of schedule

If an employee wants to go on vacation at a convenient time for himself, then he needs to get permission from the manager. But the employer then has the right to refuse to provide a rest period.

If an employee ignores this prohibition and does not go to work, then he may be dismissed for a disciplinary violation (absenteeism).

No equivalent replacement (employee)

Production must be continuous, which implies the presence of certain workers constantly in production.

If one key employee is already absent from his place, then the employer may not release another employee with a similar function on vacation.

Attention! However, at the same time, he must obtain written consent from the employee for this. An exception is incidents of a catastrophic nature - in this situation, permission to agree to postpone the vacation is not required.

Plan not fulfilled

When the vacation schedule is drawn up and approved, it does not matter whether the employee fulfilled the established plan or not. As soon as the time has come for granting leave, it must be issued.

single mother

The legislation does not provide for single mothers the possibility of obtaining a priority right when choosing a vacation period. By rights they are equated to ordinary employees of the company.

Nevertheless, in accordance with Article 263 of the Labor Code of the Russian Federation, if the company's collective agreement provides for this, then an employee raising children herself without a husband can arrange 14 days of vacation at her own expense at a convenient time for her. It is allowed to break this period into parts.

Attention! To apply for this leave, an employee who is a single mother must apply to the employer with a statement and attach an appropriate certificate.

Parents of a child with a disability

Parents of a child with a disability can be employed in organizations. At the same time, they retain the right to receive paid leave at a time convenient for these persons.

This norm is established by article 262.1 of the Labor Code of the Russian Federation. The employer, upon receipt of the employee's application for leave from the data, does not have the right to refuse to provide it.

These rules also apply to guardians of disabled children and their trustees, adoptive parents. Parents of children with a disability group can use this benefit until the minor reaches the age of 18.

Important! If the child needs additional care, then the employee can arrange an additional 4 days of vacation.

What if they don't let go?

Application to the labor inspectorate

The main body that oversees compliance with labor legislation is the labor inspectorate. When an employee of the company does not know what to do in a situation if they do not give a vacation according to the schedule, it is enough for him to file a complaint with the labor inspectorate.

During the whole year of work everyone starts thinking about a break and wants to be distracted for a couple of weeks, relax at home, fly to the sea and the like.

But it happens that the employer does not want to let the employee go on a well-deserved vacation, and then the Labor Code of the Russian Federation comes to the aid of employees. Any employee needs to know what to do if they are not allowed to go on vacation.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

Legislative regulation

Very often, employees are worried whether the employer may not let them go on vacation for any reason, and sometimes this concern is justified.

First of all, holidays provided to employees according to the schedule, which is established by the organization and approved by the employer together with the selected trade union organization.

The boss has no right to refuse vacation according to the schedule, because the law obliges to approve the vacation schedule two weeks before the start of the year, that is, around mid-December.

approved schedule important for both parties, and its change is unacceptable unilaterally, that is, if the employee is not satisfied with the vacation time, he can change it only with the consent of the boss or the elected trade union body.

If the authorities propose to postpone the vacation for another period, be aware that this action can be completely only with the personal consent of the employee. In cases where the employee's vacation will negatively affect the work of the organization, it can be transferred to the next year, but this is again with the consent of the worker.

According to Article 124 of the Labor Code of the Russian Federation legislation prohibits the failure to provide paid vacation for two consecutive years. If the employee has suffered any damage during the proceedings related to the leave, he has the right to demand compensation from the organization where he works.

Who can't be denied?

In addition to ordinary workers, the Labor Code of the Russian Federation also took care of a rather narrow circle of people who can be granted leave at any time of the year.

The list of citizens who can be granted annual paid leave at any time of the year:

A woman after maternity leave is entitled to leave until the child reaches 1.5 years of age. At that time 40% of average earnings. In addition, by law, a man also has the right to leave during the pregnancy and childbirth of his wife.

Possible reasons

The employer cannot refuse to leave according to the schedule, it can only be moved with the consent of the worker. However, if the worker decides to take vacation whenever he wants and he is not a citizen with certain benefits, then the boss has the right to refuse vacation.

Situations in which there may be a conversation about the refusal (transfer) of vacation:

In other cases, refusal to grant leave will violate the labor code of the Russian Federation.

If you need to go on vacation, even if they don’t let you go, you can simply not go to work. But this applies only to those employees whose vacation is approved in the vacation schedule. It is necessary, according to the approved dates, to register it with the secretary.

So the employer considered notified about your intention to take legal leave.

Where to complain?

Before taking radical measures, you need to try to do everything to agree with your superiors and come to a unanimous decision on this issue. But don't forget that failure to grant leave is punishable by a fine of up to 50 thousand rubles.

If the boss is not going to provide leave and does not compromise, you can use the following measures:

Complaint to the labor inspectorate reviewed on average within 10-15 days, the maximum period for consideration of the application is 1 month. And the basis for applying to the court may be a refusal to leave in the last 2 years.

Watch a video about what to do in case of refusal:

If you are not given legal leave, get your way with the help of the above authorities.

If the above two conditions are met, then the employer can transfer the vacation to the next working year, however, such vacation must take place within the next year.

Otherwise, during inspections by regulatory authorities, adverse consequences may occur for the employer, which we will consider below.

This is explained by the fact that the above article of the Labor Code of the Russian Federation contains a direct ban on the employer not to provide annual paid leave for two consecutive years.

Application rejection cases

There are cases when an employee intends to exercise his right to rest at work in the month he has chosen for one reason or another (whether it be the need to interrupt the labor process to resolve personal issues, or the desire to just relax), he writes an application for a vacation, and the vacation do not give, do not sign the application.

It is not always necessary for management to meet the needs of the employee. Can an employee be denied leave and what to do if he is denied? In some cases, the employer has the right to refuse to grant leave. Let's consider these cases.

One of the most common cases is when an employee asks to take an off-schedule vacation. The fact is that the vacation schedule is mandatory for both the management and employees of the company (Article 123 of the Labor Code of the Russian Federation), therefore its violation is unacceptable.

However, there is still an opportunity to go on vacation not according to the schedule. To do this, you simply need to change this schedule, because in addition to the column with the planned vacation date, there is a column with the actual provision of it. Therefore, if the management turns out to be loyal, then it is quite possible to go on vacation during the period indicated by the workers.

Another common case of refusal to grant leave to an employee is the insufficient duration of work with the employer during the first year after hiring.

Article 122 of the Labor Code of the Russian Federation establishes the rules for granting annual paid holidays, according to which, for the first year of work, you can go on vacation no earlier than six months after employment. However, this article allows you to send on vacation before the expiration of six months with the consent of the employer.

There are times when an employee asks for leave before dismissal. He has such a right under Article 127 of the Labor Code of the Russian Federation.

This right is also the right of the employer, but not at all his obligation, therefore, leave may be denied.

Without pay

Can an employer refuse to give an employee unpaid leave?

Leave without pay is regulated by Article 128 of the Labor Code of the Russian Federation. It is provided at the request of the employee for one reason or another. The validity of these reasons is determined by the employer, by agreement with which the duration of the vacation is also determined. The above article secures for the employer only the right to grant unpaid leave.

However, there are a number of cases when the employer is obliged to provide such leave:

In other cases, it remains only to rely on the favor of the leadership.

Where can an employee go to protect their interests?

In such cases, the employee needs to apply to various authorities for the restoration of his violated right to rest, because simply not going to work at the time set according to the vacation schedule is not desirable, because this fact can be qualified by the employer as absenteeism, for which you can completely lose your job.

According to Article 352 of the Labor Code of the Russian Federation, an application for protection can be sent to:

Article 382 of the Labor Code of the Russian Federation. Bodies for consideration of individual labor disputes

Individual labor disputes are considered by labor dispute commissions and courts.

Documents must be attached to the application confirming the fact of being in an employment relationship with this employer. This confirmation is:

• extract from the work book;
• also, a copy of the order for employment will not be superfluous;
• labor contract.

After contacting the appropriate authority, you must wait for the consideration of the complaint received. As a rule, such appeals are satisfied with a subsequent order to the employer to fulfill the obligation to provide leave.

Responsibility of the employer

For failure to provide annual paid leave to an employee, the employer may be held administratively liable.

The right to rest is a legal right of workers. Refusal to exercise such a right is fraught with quite serious consequences for the employer in the form of penalties.

Moreover, by releasing the employee on vacation, the employer will receive much more benefit for the enterprise in the form of a rested employee, ready for new achievements, rather than endlessly forcing the employee to work to the last of his strength.

Thus, the timely provision of leave will allow both to respect the rights of workers to rest and to get an excellent team for new labor exploits.