Who is right and who is wrong
Article 122 of the labour code establishes an employee's right to paid annual leave after six months of work at the new location. However, the responsibilities of the authorities include giving him a well deserved rest not later than after worked eleven months, in other words, for the full work year.
To understand these questions unshod legally the man is not easy, because the employees and their leadership is not immune from common mistakes and misconceptions. Instructions for actions in the disputed employment situations on vacations in the legislation sound ambiguous. A decent solution is to appeal to his interpretation.
To be leave or not to be, that is the question
Of the rights of the employee on leave is not a duty of the employer to grant him his wish on demand after six months of work. The law meant only that the six-month period gives the employee reason to get a vacation. This does not mean that it will be granted immediately after the above time. There are such things as holiday schedules, according to which built the labor process and the production need not always allow to let rest several workers.
Legally, the employer should not interfere with the slave's day off holiday for a full work year. If we talk about earlier time, then they remain on his own and not depend on the wishes of the employee. However, when the parties failed to come to a mutually beneficial agreement, the release can take place not only after six months of employment, but even before. It is worth considering that when leave was not obtained, the employee is entitled to use it entirely, all 28 calendar days or less regulated by legal norms.
The labour code contains an exhaustive list of reasons for requiring the employer to meet the subordinate, regardless of the term collaboration. "Women before leave for pregnancy and childbirth leave or directly after it; employees up to the age of eighteen years; employees who adopt a child under three months; in other cases stipulated by Federal laws."
What are usually afraid of the authorities, not wanting to give the employee to rest as soon as possible? All often rests on the money question, because if the employee does not finalize the year to the end, the company will suffer losses due paid in advance of the holiday. Such fear without reason, because in this case, the extra charges from the salary in the final calculation.