"Last year I was given vacation only in November. I was denied summer vacation — they said I applied too late, all vacations were already scheduled. Recently, I approached my manager to 'reserve' vacation for the summer, but received a response that I applied too early, the schedule has not yet been made."
When I asked her when to apply to make it in time, she vaguely waved her hand — as if to say, later.
I have been working in the organization for three years, and I have never seen the vacation schedule. I want to know what the law says in such cases:
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Is the administration required to create a vacation schedule and provide it for employees to review?
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If last year I was given vacation in the "off-season," are they obliged to provide the employee with vacation at least in the current year at a time that is convenient for them, rather than when management sees fit? Reader of the portal bb.lv"
Alevtina Grigorenko, lawyer:
– According to Article 149, Part 1 of the Labor Law, every employee has the right to an annual paid vacation of at least four calendar weeks. In the case of an individual agreement, the annual paid vacation in the subsequent year may be granted in parts (Article 149, Part 2). The law also provides for exceptions: with the employee's consent, if necessary for the enterprise, part of the vacation may be postponed to the following year (Article 149, Part 3).
Questions related to the preparation of the schedule and its coordination with the employee are outlined in Article 150 (Parts 1 and 2) of the Labor Law. Specifically: the annual paid vacation is granted each year at a specific time by agreement between the employee and the employer or according to the vacation schedule. All employees must be informed about the vacation schedule, it must be accessible to each employee, and when preparing it, representatives of the employees should be consulted. The law also stipulates that (quote, translation — M.B.) - when granting annual paid vacation, the employer is obliged to take into account the wishes of the employee as much as possible.
In the case described by the reader, it makes sense to approach the employer with a written request for annual paid vacation in a specific month, at the employee's request. The employer will have to respond in writing, and perhaps the employee's wish will be granted. If there is a refusal to grant vacation in a specific period, the employer must justify this by naming specific reasons (also in writing). This, in turn, will allow for an assessment of whether there are signs of discrimination against a specific employee compared to other employees in the same circumstances and performing the same duties at the enterprise.
If it is not possible to reach a compromise solution within the enterprise, one can also seek protection of their interests from the State Labor Inspectorate.
