Rest right! How to make the most of your vacation? What should an accountant and personnel officer do if the employee does not want to go on vacation Employer's actions if the employee refuses to take vacation.

23.02.2022

During the years of Soviet power, a lot of cartoons, anecdotes, and proverbs appeared in our country on the topic of “holiday rest”. The triumph of democracy and human values ​​should have pushed this problem aside or completely solved it, but it was not there. We decided to help those planning a vacation and tell in this article how to relax on vacation and what to do for this.

Love change!

We all get our hard earned rest. But does everyone know how to relax properly? A change of scenery brings great benefits to the human body and the restoration of mental abilities. You have probably noticed yourself more than once that most of us do not know how to relax on vacation, reducing it to just two weeks without work.

Hard work for months, a lot of work and responsibilities, but now the long-awaited time comes, and strength is not restored. This is due to the fact that most of us continue to do the same things that were done during work. Naturally, a complete transfer of the workflow home does not occur, but habits remain. Instead of a holiday, a person's vacation and rest turn into similar everyday life.

In a frenetic pace

The pace of life of the modern average city dweller cannot be called measured. You have to get out of bed early, put yourself in order, rush to the place of work. You are in the service of the program, and then you run home, thinking about your household chores as you go. There is a rush at every step.

Over the weekend, you also need to have time to do a lot, because a large number of cases have gathered in a week. The rest of the time is spent visiting friends, cultural activities or entertainment.

The brain is having a hard time. He needs to process a lot of requests, store and retrieve a bunch of useful information, take care of future plans. There is no complete rest during sleep.

Trip to warm country where the sea, sun and sand, passes in thoughts of the future. The vacationer hurries to the airport, then to the hotel. Every day trips on excursions or walks are planned in order to get to know the maximum of objects in the minimum time. People are in a hurry, plans go astray, stress accumulates. Added to this are the problems of climate change, a burnt back, food poisoning, loss and theft of things.

Why do vacationers extend their pace of life during the holidays and do not understand how to relax? There are several objective reasons.

We dream of getting rid of the monotony of life and finding new experiences. But there is no other time for this, and every opportunity has to be used. Movement is stimulating, but simply “doing nothing” is boring.

With such activity, you will not be able to relax well. Along with the mass of new impressions, tension and stress will accumulate. Like a fire that smolders for years, and then suddenly becomes the cause of depression and health problems.

To have a good rest on vacation, slow down for this time. As a result, peace of mind will appear and health will improve.

Why do you need a vacation?

Our tragedy lies in the fact that we do not know how to stop. Every day you have to spin like a squirrel in a wheel, surrounded by worries and problems. Vacation and rest of a person were invented so that we could be distracted and take a break. Instead, some are still in a hurry, and in moments of calm, they drown the brain with alcohol.

A break from work and the team for a few weeks helps to relax. However, do not exclude all types of activity. Spend time on a hobby, go for a walk, swim in a pond, visit an interesting place that you have been thinking about for a long time. The point is small: slow down and do everything calmly.

How to learn to rest?

  • With the holidays approaching, think about changing the rhythm of your life. This, above all, applies to people who show increased activity. Get enough sleep, spend time on the beach, go on excursions, enjoy the scenery, but don't go against your emotional state.
  • At first, a quiet rest can cause some discomfort. This is normal, because the brain needs time to rebuild. Give him some time and everything will be fine.
  • If the main work is related to the computer, then rid yourself of it for the rest. Let the news and social media get bored without you.
  • Don't make plans for the future. There will be time for this later.
  • Try to ride less, give the body a break from shaking. Alcohol in in large numbers- severe stress for the whole body. Don't empty the bar, even if it's all inclusive.
  • To have a good rest on vacation, it is not necessary to travel the whole world. The feeling of joy from every moment of life lies in the depths of our soul and is simply closed from above by constant tension, stress. Visit those places to which the soul lies and take quality, not quantity. This is the only way to have a good vacation.

Many energetic Russians, especially young ones, at first at all, and then prefer a "gallop across Europe" vacation. However, sightseeing at a frantic pace is almost the same as watching a documentary. Interesting place requires a slow dive into the atmosphere. You need to soak it up, feel it.

Beauty is also found far from the usual tourist routes, sometimes right under our noses. Why chase other people's miracles, if there are so many things around?

Do not race for new impressions and information. Relax, give your brain a rest, spend time at home, with close friends, walk in the fresh air. Forget about the rush and plans for the future. You still have time to hurry, because the vacation is so short.

Be grateful for the quiet moments, try, find the positive in any situation and life will become more harmonious, and your health will be strong.

Limitation of deductions from wages Article 138. Limitation of the amount of deductions from wages To determine the order of vacation periods, employers maintain special schedules. The procedure for drawing up the next vacation schedule for the coming year is established by Art. 123 of the Labor Code of the Russian Federation. The document is drawn up, agreed and approved two weeks before the end of the current calendar year. Article 123 There are no restrictions for either the employee or the employer in such a situation. The vacation schedule is not adjusted retroactively. Upon a written application of a new employee, he is granted the first leave at the time prescribed by law, unless otherwise agreed by the parties to the employment relationship.

beauty

Therefore, in 2018, the last day of its signing is December 17. At an enterprise that has a trade union body, it is obligatory to take into account its opinion when drawing up a document.

Attention

If it is necessary to postpone vacation days, the changes must be coordinated with the employees concerned. Attention! The employer is required to give every employee a summer vacation at least once every four years.


Info

If at the time of drawing up the vacation schedule, the organization has employees who have not worked for six months, it is necessary to plan the time when they can be provided with mandatory rest after employment for the next calendar year. If the employee has the right to use the first vacation before six months of work and has expressed a desire to use it, it is necessary to include his vacation in the general schedule.

Can an employer force you to go on vacation?

Important

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.


It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions. 3. The procedure for calculating vacation days in calendar days is directly enshrined in Art.


120 of the Labor Code of the Russian Federation: 4. The employee has the right not only to be granted leave. but also to replace it with monetary compensation (decided at the discretion of the management).

What should an accountant and personnel officer do if the employee does not want to go on vacation

The entire earnings of the vacationer are divided into the required number of months (12 or 3) and divided by 29.6 - the average monthly number of calendar days established by law. The total amount is determined by multiplying the number of vacation days provided by the average daily earnings.

Similarly, monetary compensation for unused annual rest is calculated in the event of an employee's refusal or dismissal. An application is required to receive compensation.

The Labor Code obliges employers to transfer vacation payments three days before the actual start of the vacation period (Article 136). If the last day falls on a weekend, the transfer must be made in advance.
It is prohibited to transfer the payment to the next business day. For violation of these rules, the employer bears administrative responsibility. Article 136

What to do if an employee does not want to go on vacation

Article 122 establishes that the first paid vacation period is due to the employee after 6 months of continuous cooperation with the employer. He can apply for leave in the 7th working month.

In accordance with Art. 115 total duration of rest - 28 days. Article 115. Duration of the annual basic paid leave With the approval of the employer, the first leave may be granted even before six months of work. Article 122

The employee divides the vacation into parts of less than 14 days

The commission of an administrative offense provided for by part 6 of this article by a person previously subjected to administrative punishment for a similar offense, if these actions do not contain a criminally punishable act, shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles or disqualification for a period of from one to three years; for persons engaged in entrepreneurial activities without forming a legal entity - from ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles. 2) According to Art.

If the employee does not want to go on vacation

As a general rule, the total duration of the annual vacation period is 28 calendar days. Certain categories of workers have the opportunity to receive additional days of rest:

  • working under dangerous or difficult conditions;
  • employees of kindergartens, institutions of basic, secondary special and higher education;
  • underage workers;
  • workers on irregular days.

Other cases of granting additional days are also possible, provided for by federal laws or local acts.

The employer gives his consent to the employee's leaving on vacation if he has a replacement for another specialist or he can temporarily do without him. If a specialist has worked for 6 months, he can receive vacation days in advance, i.e.

more than he actually earned. Previously, such a possibility was out of the question.

Lawyer Alexander Arutyunov: is it possible not to go on vacation?

The procedure for granting annual paid holidays For certain categories of employees, it is due, regardless of the duration of work at a particular enterprise:

  • citizens under the age of 18;
  • employees who are expecting a baby;
  • employees who have adopted children under the age of 3 months;
  • other personnel who have privileges granted by federal laws (veterans, spouses of military personnel, part-time workers, etc.).

Attention! Leave is given to the designated categories of employees on the basis of personal applications indicating and official confirmation of the right to early rest. The employer does not have the right to refuse even in case of an urgent production need for them.

Some employers are inclined to believe that after six months of work, vacation should be taken partially. However, this position is misleading.
Under the law, the employer has no reason to force the employee to use the right to maternity leave. That is, if a woman has not written an appropriate application, thereby expressing a desire to continue working, the employer cannot prevent her from doing so.
Maternity leave is a woman's right, not her duty, so she herself has the right to determine when she is ready to use it. At the same time, one should not forget that if a woman goes on maternity leave later than the date indicated on the sick leave, then its period automatically becomes shorter, which entails a decrease in the legal benefit for this circumstance.

Is an employee required to go on vacation for 2 weeks?

Since the first vacation after getting a job can be taken in full, the calculation is based on the number of days needed by the vacationer. Payment is made after notification of the employee and before the first day of vacation. The enterprise issues an order containing information on the number of vacation days provided, their dates. The vacationer must familiarize himself with it against signature. If it is not possible to familiarize the employee with the order personally, a special notification is sent to him. The amount of vacation pay is calculated by the accounting department based on the average earnings for Last year work. The previous three business months may be used in the calculation. Earnings include not only the basic salary, but also all bonus payments, remuneration, allowances.
Naturally, employers try to avoid such privileges, since the risk that an employee will not return after receiving payment in advance is very high. To protect the employer, the law provides for the possibility of collecting debts from a subordinate for used, paid, but not worked vacation days.

But limiting the amount of the penalty to 20% of earnings does not guarantee full compensation for the damage suffered. The procedure for registration and payment in 2018 The official local document of the organization that regulates the procedure for employees to go on vacation is the vacation schedule.

It contributes to the observance of the effective operation of the enterprise and the prevention of missing legal rest. After all, the duty to control the use of vacation days by staff is assigned to employers. The schedule is drawn up annually two weeks before the end of the year (Article 123 of the Labor Code of the Russian Federation).

Dreaming of a summer vacation begins even during the winter frosts. Some are going to go to warmer climes, others to the country, others have not yet decided where they will go - does it matter where, if you can take a break from work and do what you love? But the long-awaited vacation does not save everyone either: it often happens that after a two-week break, people return to work even more exhausted and not at all rested. Psychologist Lyudmila Artemyeva tells how to properly tune in to a vacation and take everything from it!

Get ready for vacation

According to the psychologist, the pledge successful holiday- the right attitude. You need to prepare for your vacation in advance. “First of all, decide where you will go,” advises Artemyeva. - The place should be as comfortable as possible for you. If everyone tells you that you need to go to the sea or to a particular country, and you just want to stay in the country, do not listen to anyone and go to the country. This is only your vacation, and you need to spend it the way you want!

Try to plan ahead at least approximately your time on vacation. If you are traveling to another country or city, make a list of the places and attractions you want to visit. If you are going to spend your vacation in the country, think about what your days will be like: take time for sports, reading books, picnics and meeting friends. People who do nothing on vacation do not feel rested. Keep your schedule busy: get so many new experiences that they are enough for a few more months of work.

Before you go on vacation, complete all your business at work: otherwise you will not be able to relax on vacation, mentally returning to your work duties. If you are going to leave somewhere, do not forget to do a general cleaning in the apartment. When you return to a clean and comfortable home, you will have an inner sense of harmony and tranquility.

And finally, mentally tune in to rest! “Deal with all your problems before the holidays,” recommends Artemyeva. - These two weeks should be a complete rest, and not an escape from the difficulties that you have to return to. If you constantly think about how bad it will be for you after returning to your usual life, there will be no effect from the vacation: it will not give you energy and strength.

Forget your phone

In the first days of vacation, the psychologist urges not to be too active: sleep well, take a walk, gain strength. Let your body get used to the rest! After that, you can rush into vacation with your head - it's time to do something that you would never have done on working days. “Vacation is a time of vivid emotions,” reminds Artemyeva. - Go skydiving, try exotic food, get a temporary tattoo, or just take an outdoor salsa class. For all this, you do not have time on weekdays and even on weekends when you are busy with household chores. Experience new experiences and you will never have to regret it!

One of the main rules have a nice holiday- forget about work. You have every right not to answer the calls of colleagues, and even more so, you yourself should not try to find out how things are in the office during a well-deserved rest. If you find yourself cut off from the work process for a week or two, the world will not collapse! And in general, try not to use your mobile phone often - it will not let you rest.

Motivate yourself!

In the last days of vacation, do not forget to prepare for work. Spend this time calmly so that you do not have a sharp transition from rest to work. Plan your biggest activity for the middle of your vacation, and before returning to office life, just go to the movies, meet up with friends or family.

Try to bring an unusual souvenir from your vacation - not just a magnet, but some interesting little thing: a beautiful figurine, a jewelry box, an accessory. If you've spent your vacation in the city, this could be a picture of you having fun with your friends. “Bring this memento to work and put it in a prominent place,” advises Artemyeva. - It will remind you of pleasant days and will serve as an excellent motivator for further work. Rest properly - and work will be easier for you!