Troubles which unused vacation may cause

07 July 2017

A secretary at the company "Border Security"  worked without a vacation for more than five years. This is stated in her claim to the employer. After the dismissal, she demanded the employer to recover compensation for unused vacation – 221 761 RUB plus penalties for violation of payment terms.The court satisfied the claim partially, arguing that the employee initiated the proceedings belatedly.
Head of employment law practice at Khrenov and Partners Tatyana Nikolaenko has analyzed legislative aspect relating to unused vacation.


The number of such decisions - not in favor of employee -  has increased after Convention 132 of the International labour organization "On paid leave" has entered into force in Russia in 2010, said Tatyana Nikolaenko.
International law is not sufficiently integrated into Russian Labour code and when the case comes to court, there are contradictions in the interpretation, says the lawyer.

Lawyers mention, that the employer can always find a reason to refuse the empolyee in vacation - for example, under the guise of operational reasons (Art. 124 CC). It happens that people refuse to earn money – get paid, plus compensation for vacation, said Nikolaenko.
But it also happens that people refuse to go on vacation to earn more money - the get their regular salary and compensation for unused vacation.



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