Holiday Next: New in Legislation
Everyone has the right to a regular holidaycitizens of the Russian Federation in accordance with the state Constitution. The basic provisions on the provision of mandatory leave are regulated by articles 114-128 of the Labor Code of the Russian Federation. Art. 122 guarantees the right to paid rest to any employee regardless of the position held, with the preservation of the workplace and the average salary. Leave regular should be provided to employees annually.
RecentlyRussia joined the international convention "On paid holidays".In this regard, there have been some changes in thelabor legislation of the country. The corresponding law was published in Rossiyskaya Gazeta. Many points of the new law have already been reflected in the Labor Code of the Russian Federation. The provision of the next leave will now take place with some changes.
Leave another change
The main point that brought a novelty to the vacation of another for the Russian worker islimitation of the period of use of leave. Under Russian law, the minimumthe duration of the basic leave is 28 calendar days. The Convention provides that the rest can be divided into several parts, one of which must be at least 14 days. This provision is optimal for employers and employees. Previously, employees could accumulate vacation days, and then for a long time fall out of the work process. Now it is necessary to "go for a walk" the time allotted for rest for a year and a half. That is, by the end of 2011 it is necessary to use at least a mandatory two-week vacation, and dispose of the remainder until mid-2012 (no later than 18 months from the date it was provided).
It is the provisions on the compulsory naturevacation became the most discussed issue. From now on, the employer will have to monitor that employees use their holidays on time. Naturally, the employer will not expose the employee from the workplace, but to pay the unnecessary initiative of the dumb employee will not be obliged. Therefore, you need to be careful in this matter and monitor your work time, correlating with the opportunities for recreation, independently. According to lawyers, the main advantage of this situation is that the law can now protect workers from their own workaholism and provide them with the right to rest.
The next change, which is reflected in the output of employees on a regular holiday, is that in order toto get a vacation at a new place of work,it is necessary to work out at least sixmonths. At the end of this period, the employee has the right to rest, which will be calculated in accordance with the length of service, on the basis of provisions defined by law.
Moreover, upon reaching a written agreement with the management of the enterprise, the employee may receive a rest period ahead of the term of six months, so to say, "in advance".
However, do not forget that there are cases when a regular holiday can be postponed at the initiative of the firm. In this case, it must also be agreed in writing with the employee.
The duration of compulsory leave is still 28 days.
The Convention does not cancel the compensation forunused vacation regular. Therefore, you can not be afraid that vacationers can "burn out" along with unsought days of rest. This provision of the Labor Code of the Russian Federation does not disagree with the provisions of the Convention and does not contradict it.
The global advantage for Russia regarding accession to the Convention is that it contributes to the country's integration into the European Community. What is remarkable -after the signing of the Convention by Russia, its citizens have the right to address questions to the International Labor Organization. Since the practice of recent years shows that Russians are becoming more and more legally competent, this opportunity was very helpful.