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Unused Vacation Pay for Workers in Russia: Ensuring Worker's Entitlement to Compensation for Unutilized Leaves

Legal Guidance Remains Public in Oblast Gazette by Sverdlovsk Oblast State Legal Bureau

Legal advice from the Sverdlovsk Oblast State Legal Bureau continues to appear in 'Oblastnaya...
Legal advice from the Sverdlovsk Oblast State Legal Bureau continues to appear in 'Oblastnaya Gazette'.

Unused Vacation Pay for Workers in Russia: Ensuring Worker's Entitlement to Compensation for Unutilized Leaves

Chit-chat with labor law specialist Marina Pesternikova:

Wanna know your rights regarding annual leave in Russia? Here's the lowdown!

According to Part 5 of Article 37 of the Russian Federation Constitution, everyone has the sacred right to rest. But it ain't all about peace and quiet, my friends. When you're under a labor contract, you're guaranteed set working hours, weekends, holidays, and a paid annual vacation, as regulated by federal law.

Now, here's the catch: if you feel like turning that annual paid leave into cold, hard cash, you can make a written request. Part of it exceeding 28 days, that is. But pregnant women, workers below 18 years old, and those in hazardous working conditions don't have this luxury. Same goes for additional paid leaves.

Upon termination of employment, you're entitled to be paid for all that unused time off. And guess what? Russian law ain't gonna set constraints on the number of leave days that can be compensated or any circumstances that might negate the compensation itself.

If you've been with your employer for less than six months, you'll get a proportionate amount based on the time you've worked in that year. And ogle this: upon dismissal, all dues must be paid on the very day of termination. If there's a disagreement about the amounts, the employer has to cough up the uncontested amount pronto.

If your employer's being a stubborn Scott about the compensated leave or the amount, you've got the power to march straight to court. No messing around with pre-trial settlements required, my friend!

That brings us to filing an individual labor dispute with a court regarding unpaid or incomplete wages and other amounts due within one year from the due date. Even if they skipped your wages upon termination, you still got a year to claim what's yours.

Word to the wise: Russian law generally doesn't allow employees to swap annual leave for money during their employment. However, specifics about exceptions or additional conditions might be found in the terms of the employment contract or specific regulations.

As for active employees, the standard practice is to take that relaxing vacation as scheduled, and unused time can often be carried forward, depending on the policies of the company and the specifics of your employment contract.

In the context of labor laws in Russia, an employee can request to convert their annual paid leave into a monetary equivalent, but only if the duration exceeds 28 days, with some exceptions for certain groups like pregnant women, minors, and those in hazardous working conditions. Upon termination of employment, employees are entitled to be compensated for any unused vacation days, with no limitations on the number of days that can be compensated, according to Russian law.

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