Examine the legislation. Article 115 of the labour code guarantees all workers basic paid vacation of 28 calendar days. Certain categories of employees are entitled to extra long and extra holidays. Workers in harmful or dangerous conditions of work leave increased by seven working days with irregular working day for three days.
Get a grasp in the wording of article 114 and 117 of the labour code. It is stated that the annual leave to employees is provided. You can evaluate this wording as a right, not an obligation. In fact, the choice is: either the use of vacation or replacement of part of his cash compensation.
Leave may be used by you in the current working year. With your consent, on production of necessary valid transfer of leave to the next year with him not later than 12 months after the end of the previous business year.
According to article 126 of the TC RF, the cash compensation shall be only that part of holiday which exceeds 28 calendar days.
Thus, a vacation you have to "expire". This interruption is given for the maintenance of health, rehabilitation of the employee and ensure the employer-level productivity. In this context, the holiday becomes indirectly an element of labour protection, and so their "target nature" is the responsibility of the employee.
St. 124 TK the Russian Federation has no direct prohibition on the failure to provide paid annual leave for two consecutive years. Your refusal to take leave (if the employer is by law made the right vacation schedule) under certain conditions, on formal grounds, can be regarded as a disciplinary offence and violation of labor discipline.
Than mitigate such rigidity in the law on the refusal of leave? You have the right to compulsory observance of the schedule of holidays and the notice commencement date for two weeks. At your request and for valid reasons (e.g. illness) the employer may defer the leave to another date.
Be by law replace part of holiday with monetary compensation for pregnant women and employees under eighteen years old. This opportunity, also do not have workers employed in hazardous industries.
His desire to leave in a certain period you can fix in written form, although TK and other acts of the legislation does not require the employer to record the procedure for scheduling vacations. In order to avoid disputes in some organizations, practice written evidence that the staff did not object to its scheduled rest period.