The right of employees to leave and the rules of its use Labor code regulated by and cannot be restricted.
Employees have the right to vacation regardless of their profession, the duration of the employment contract and working conditions. Also, employees who work overtime on a substitute basis have the right to use the types of leave defined by the Labor Code.
Legal guarantees of employees during the use of leave
While employees are on leave, their jobs, duties and average monthly salary are kept. During this period, it is not permissible for the employer to bring the employee to disciplinary responsibility and to violate the employment contract. The time they are on leave is included in the employee's qualification and length of service.
Types of graduation
Employees can use the following types of leave:
- labor leave - basic and additional leaves;
- social leave;
- educational and creative leave - to continue education and engage in scientific creativity;
- leave without pay.
Other types of leave may be stipulated in the labor contract and collective agreements.
Labor leave and the working year in which it was granted
Labor leave is a period of rest not less than the prescribed period, which the employee uses by leaving work for the protection and strengthening of the employee's health, restoration of working capacity, and normal rest. The calendar day is used to calculate the duration of the work leave.
Labor leave consists of the annual basic leave given to workers performing labor functions in the relevant profession (position) and additional leave given to women with children, depending on length of service and production and the nature of work. These leaves can be taken together or separately.
Labor leave is granted for the relevant working year. The working year is calculated from the day of the employee's employment and is considered to end on the same day of the following year. One labor leave is granted for one working year. If an employee has the right to vacation for two working years during a calendar year, he can use this right together or separately in that calendar year.
Basic leave and its periods
Basic leave is a leave with a minimum duration of 21 calendar days and 30 calendar days for the employee's profession specified in the employment contract.
The period for paid basic leave shall not be less than 21 calendar days.
The paid basic leave of the following employees must be paid for a period of 30 calendar days:
- to workers working in the production of agricultural products;
- civil servants serving in responsible positions (determined by the employer), specialists and managers of the enterprise;
- to managers who do not do pedagogical work in an educational institution (except for special educational institutions), managers of out-of-school children's institutions, administrative-teaching staff;
- to the methodologists of educational institutions, industrial training masters, chief masters, librarians, instructors, laboratory assistants, workshop managers, shift workers, nannies, art directors;
- to scientific workers without a scientific degree;
- to doctors, pharmacists and paramedics.
Labor leave for part-time workers is granted during the period of labor leave granted to full-time workers according to the position they perform or work for.
At the end of the season, the main leave of employees working in seasonal work is calculated at the end of not less than two calendar days for each working month.
If the holidays that are not considered working days coincide with the period of leave, those days are not paid because they are not included in the calendar days of the leave.
The procedure and duration of additional leave due to seniority
Depending on length of service, employees are granted additional leave for the following period:
- if the length of service is from 5 (five) to 10 (ten) years - 2 calendar days;
- if the length of service is from 10 (ten) to 15 (fifteen) years - 4 calendar days;
- if the length of service is more than 15 (fifteen) years – 6 calendar days.
The length of service is determined by the period during which the employee actually works after the conclusion of the employment contract between the employee and the employer. In addition to the period of actual employment under the employment contract, only periods of temporary incapacity for work and when the average salary and workplace are maintained in the cases provided for in Article 179 of the Labor Code are included.
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SEE ALSO: Labor contract
