How to divide the holidays
Each serving staff put a vacation, no matter what kind of contract signed with him, or indefinite term. Vacation is one of the types of guaranteed rest (Art. 107 of the Labour Code) and may not be less than 28 calendar days. But the Labour Code establishes only a minimum limit. In accordance with the instructions in the employment contract or in the regulations of the enterprise, the number of days holiday can be set to any additional time.
You will need:
- vacation schedule; - A bilateral agreement if the holiday is divided into parts.
Instruction how to divide holidays
The lower limit of paid leave for minor employees is 31 calendar days (Art. 267 of the Labour Code), working people with disabilities is necessary to provide 30 calendar days (Art. 23 of the Federal Law, and 183), teachers, doctors TC guarantees maternity leave from 42 to 56 calendar days ( Government 1052) Resolution.
Annual leave may be divided into two or more parts, but only under a bilateral agreement between the parties (Article 125 h. 1). If the employer is not opposed to holiday break apart, the employee may take annual leave at least one day, but one part of the leave can not be less than 14 calendar days.
Payment for annual leave made on the basis of average earnings for the 12 months (article 139 of the Labour Code), unless otherwise specified in the internal legal acts of the enterprise. But nothing can be fulfilled only if payment by calculating the indicators will not infringe the rights of the employee and will be less than the average daily wage for 12 months. To calculate the average earnings of the total amount taken for 12 months, for which the premiums were assessed, divided by 12 and 29.4. The result will pay for one day of vacation.
The enterprises of the schedule of holidays (Art. 123 of the Labour Code) must be drawn up. However, certain categories of employees can get a vacation out of schedule, but at the request at a convenient time. This category includes: minors, husbands whose wives are pregnant, pregnant employee. For single mothers, fathers, or other categories of workers, such benefits are not provided to any TK or federal law. The employer is obliged to inform all employees about the date of their release for two weeks before the start of the new year.
If payment is not made vacation for three days prior to the annual leave, the employee has the right to postpone the vacation at any convenient time (Art. 136 of the Labour Code).