Unreasonable refusal of leave may be a violation of labor law

Brief retelling from RIA II

An employer's unreasonable denial of annual leave may be a violation of the law.

The employee can first contact the employer in writing, and if the situation cannot be resolved, with a complaint to the State Labor Inspectorate or the prosecutor's office.

The employer does not have the right to refuse leave at a time convenient for the employee if the law directly grants him such a right, and also cannot recall the employee from leave without his consent.

MOSCOW, September 24 - RIA Novosti. An employer’s unreasonable refusal of annual leave may be a violation of the law; in this case, the employee can first contact the employer in writing, and if the situation cannot be resolved, with a complaint to the State Labor Inspectorate or the Prosecutor’s Office, Alexander Yuzhalin, head of the legal practice at SuperJob, told RIA Novosti.

“If an employer unreasonably does not provide leave provided for in the vacation schedule, calls an employee back from vacation, or forces him to work during vacation, this may be a violation of the law. If an employee believes that his rights have been violated, he has the right to protect them by all means provided by law,” the lawyer notes.

According to him, there are several ways to defend your rights. “To begin with, it makes sense to contact the employer in writing, setting out your requirements and indicating what exactly the violation is. A written appeal will also allow you to record the very fact of contacting the employer. If after this the violation is not eliminated, the employee has the right to file a complaint with the State Labor Inspectorate or the Prosecutor’s Office, and, if necessary, apply to the court to protect his rights,” he advises.

For example, a situation where the employer refuses to provide vacation in accordance with the approved vacation schedule will be considered a violation of the employee’s rights. Also, the employer does not have the right to refuse leave at a time convenient for the employee if the law directly grants him such a right. This applies, for example, to certain categories of employees, including parents with many children and honorary donors.