Rus Articles Journal

Holiday in September of

Only the one who at least once had to spend summer months at office when all are captured by resort fever around and violence of paints behind a window casts any thoughts, except workers, knows what to feel like the stranger on this holiday of life.

“Holiday wars“

I Think very few people will begin to challenge obvious: holiday, more precisely, the place and time of its carrying out, - it is very serious. Psychologists, for example, say that quite often the person whose dreams of a desired trip unexpectedly fall, has very severe stress, comparable with a serious vital shock. For this reason “holiday wars“ are so uncompromising sometimes. True-life story. Elena worked in insurance company the first year, but despite the status of the newcomer, was going to spend as usual July under the hot Turkish sun on the bank of the tender sea. However, she did not create illusions and knew that fight is necessary. As the born manager, Elena planned operation under the code name “The Won Summer“ and carried out, still when the timid March sun only began to look out from - for lead clouds, and the colleagues weakened by avitaminosis were not ready to active counteraction to aggressive plans. And in one of days, favorable for attack, Elena competently talked over with the necessary people, adduced the correct arguments, and the chief who as a result had a kind feeling to the new employee “for good reasons“ postponed her name from November for desired July. But even after that the demarche of an enterprising kombinatorsha was left without immediate consequences from colleagues. Probably, at the beginning of spring to the majority next summer seemed all its temptations the same abstraction as the beach and chocolate suntan.“ Blitzkrieg“ came to grief in the last dates of May when the vacation schedule became in the company the most actual document. Already backdating Elena remembered how the lady moved by her in waiting list for holiday with the general support swept simply away “smart aleck“ on the former place, having threatened the management to leave immediately if with it already ceased to reckon as with the honored employee.

should not expect

In a similar situation from colleagues of tranquility. Many suddenly remember about endlessly the children needing the urgent help relatives who were ill in the winter and serious fights run high. In war everyone seeks to become a winner: the heavy artillery in the form of tears, complaints, charges and even threats “is used to leave the place where to the person do not allow to have a rest normally“. The administration which appeared in epicenter of dismantling can only be regretted... The oral arrangements with Petrova, Ivanov and Sidorov concluded once in the spring will come across severe reality in the form of the maternity leave of Nikanorova which got into Vasyukov`s hospital and two fresh dismissals at own will. Like “you promised abstract arguments!“ work poorly or only add fuel to the fire...

But usually so happens in insufficiently stable collectives. In the developed organizations approach scheduling of holidays very seriously, only force majeure circumstances can change the approved document. As a rule, by drawing up consider wishes both workers (not too), and is (much more attentive) than heads of their divisions, labor unions (where they are), but the last word all the same for the first person of firm. Under the law it is necessary to prepare the list not later than two weeks before calendar year. To the personnel officer it is imputed a duty to acquaint each employee with the approved date of his holiday and to receive documentary confirmation of a consent (signature). In that case any subsequent examinations and references to good reasons will not change a type of official paper any more. Before adoption of the new Labour code in this way many employers were insured against legal claims from offended, but by new rules of the documented consent of the hired employee it is not required any more (though it is still very desirable). From now on the chief the signature solves to whom and when to go on leave, and the active discontent of the subordinate can be easily interpreted according to legislative base as obvious sabotage with all that it implies. So as it is banal sounds, it is necessary to be on friendly terms with the administration.

Who has the right?

in recent years the labor legislation including in the part regulating rules of receiving holiday, significantly changed. But people quite often continue to live former realities, and collision with the changed reality plunges them into confusion. An episode from life. New work was pleasant to Sergey: it at last could fully realize the opportunities, and working not “for idea“. For the first time in recent years he felt in a full order and with optimism looked forward. The high salary allowed seriously to plan to take the women - the wife Irina and the daughter Olechka - at the sea. The daughter had to go to school in the fall, and Sergey very much wanted that the child gained strength before the first academic year. In a human resources department encouraged: the employee who worked half a year has the right for two weeks of the paid holiday. The man wrote the application and carried in the reception head. However at the end of the working day the secretary returned paper with the resolution:“ To refuse. To allow to go on leave in the second half of October in connection with production need“. Having returned on a workplace, Sergey with heavy soul dialed house number and told everything to the wife. Irina was upset, however in an hour called back and reported: one clever person prompted to it that as the parent of the juvenile child of spouses has the right to demand providing holiday in the summer.

- I - then at what? - the husband was surprised.
- As it “at what“? You have a daughter of six years.
- So the rule for certain concerns mothers, but not fathers.
- Anything similar! Now we have in the country an equality. The father can even take a child care leave not that annual. Go to a human resources department and demand compliance with law! - Olga ordered.

But in a human resources department the revived hopes quickly dispelled

, having explained that such norm really existed in the former legislation, but is not provided in the present Labour code any more...

to

is Not less offensive for the woman raising several children suddenly to learn that the habitual privilege for mothers having many children ceased to work and it is necessary to stand in the general line of persons interested to have a rest in the summer.

- But it is illegal! - for certain she will be indignant. - I remember, in the Labour Code there was article under which parents having many children could go on leave in time, convenient for them. Summer school vacation is convenient to me.
- However, - will sympathetically nod the employee of a human resources department and will explain that article really was. However in the new Labour code of this situation did not remain so it is necessary to have a rest in accordance with general practice...

Who has the right to choose holiday time?

Options

If at your enterprise it is too much exempts under the law it is allowed to them to choose the period, it is necessary only to try to agree amicably that at least once in two years to have a rest in the summer. Better to do it not by a private order, and officially - through labor union or management as private promises are, as a rule, not too durable.

If interests of production do not allow

otgulyat all summer holiday, can try to take it in parts. The law is silent here, that is the chief can resolve an issue on the discretion. At the same time at least one of parts of “shredded“ rest has to be not less than 14 calendar days. In the advanced companies options are possible, but about them is slightly lower.

Still practical advice. The got a job beginner not always knows that in many companies the final decision on time of leaving of the person in holiday is made by his direct boss. Occurs so because it is considered: the unit manager knows the needs better. Generally, if in the middle of hot days when the degree of business activity of your firm reads off scale as stem of thermometer behind a window, you among the few are left at work, it can mean not only the fact that you were elementary bypassed when sharing the vital benefits, but also what to you is trusted as the professional capable to replace the best creative power which left on the South.

Should not plan summer holiday and working in the company where the peak of activity drops out for this time. For example, for increase in production of soft drinks the management of the relevant plant will surely try to leave the most part of employees on workplaces. Therefore if summer holiday to you is basic, get a job on factory on release of snowmobiles or in school where summer, as we know, a slack season.

From all aforesaid - a conclusion: if you not the pregnant woman, not her husband and not the honourable donor, most likely still it is necessary to fight for an opportunity to have a rest in the best time. But at the same time you have to remember that nobody can take away the right for holiday from you. The matter is that some unfair employers actively operate legal not skill of subordinates, creating the real arbitrariness. Therefore know, no collectings form legal basis for holiday reduction and the more so its cancellations as “punishment“. Perhaps, such council will cause a smile in someone as not too vital and in any case well-known, but nevertheless the similar facts of “bossy will“ are very widespread among us, especially in the small firms which do not have in a staff of skilled lawyers and personnel officers. Do not allow to deceive also yourself promises of material compensation instead of rest. It is practice, very widespread in modern Russia, when the chief consciously “confuses“ payment of overtime work to a vacation pay. However, examples of various makhinatorsky schemes with deprivation of people of legitimate right for holiday it is created in recent years very much that it is simply impossible to cover everything in one article. The main thing - you remember: you have legitimate rights and if, in your opinion, try to treat you unfairly, for example do not make out the employment contract, be not the trustful victim. It is enough very often elementary knowledge of bases of the labor legislation that began to reckon with your interests.

Experience of the best

the Soviet tradition to use holiday entirely in the Russian business already it is perceived as a bad form. Now it is popular to divide it on winter and summer speak rapidly. However, options are possible. For example, Alexander, the thirty-two-year-old employee of one of capital banks, in recent years seriously was fond of diving and prefers to take short vacation each three months to carry out them with an aqualung in an environment of exotic beauty of coral reeves. Other rules are established in the well-known capital distributor company which is engaged in realization of elite South European wines. The first two weeks working try to use in the summer, again split up the remained time and attach to “long day off“. The director of the department of personnel Tatyana Spelova specified that it is impossible to call it system as “everything depends on a production situation: if it allows, the second part of holiday can be used entirely, for example, during long New Year`s vacation too“.

almost on a half of holiday of them for employees and the related payments exceed

according to the opinion poll which is recently carried out among the capital enterprises of food and clothing industry put under the law. And if within a year “mercenary“ does not take the sick-list and has a certain experience, attach to holiday additional days. In general a tendency such is that various “holiday privileges“ usually take place to be in the companies which are tensely competing in the sectors of the market and therefore extremely caring for shots. And it is clear, any trouble or leakage of valuable experts threatens with consequences.

the Most liberal orders at realtors. In the majority of polevye agencies workers can receive holiday in any time, convenient for them. Advantage, however, has a back. The main source of the income of realtors - percent from the signed contracts therefore any “payments on rest“ it is not necessary to them. The exception is done only for the best agents (actually in such cases it is not about a vacation pay, and about an award), stimulating with that the internal competition.

we will tell

In addition to conversation on the general holiday tendencies in business that logic everywhere the general: the qualification is higher and responsibility of the employee, the shorter him rest is more large-scale. In the article “Compression and Curvature of Working Hours“ Manuel Kastels so comments on this model: “Two categories of workers with more long working hours - professionals of high level and unskilled workers are formed. At the first lengthening results from their contribution to value creation, at the second - from - for limited an opportunity to advocate the interests, caused by the status of the immigrant or informal labor agreements“. That is if your career promptly goes uphill, morally prepare: the management will release willingly you less and less to have a rest.