The Supreme court explained the rules of payment of unused vacation, reports “Russian newspaper”.
Judicial Board on civil cases of the revised outcome of the labor dispute between the employer and the employee who has accumulated leave for a few years and at dismissal demanded compensation for them.
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An employee of the Federal penitentiary service in Adygea if the dismissal was required to pay her about 600 thousand rubles for the accumulated 9 years of vacation. In the district court, the plaintiff refused, citing the documents of the official investigation, which found indirect indications that a woman took vacations during those years.
In the Supreme court of Adygea has satisfied the claim in part, awarding compensation for 5 years. There found that the employer is obliged to provide evidence that the employee was on leave, but these documents over 9 years in the Federal penitentiary service was not.
The Supreme court sent the case for review, and judicial Board on civil cases explained that to the staff of internal Affairs bodies cannot be replaced with holiday compensation, except in case of dismissal. In addition, it recalled that the vacation should be granted during a calendar year in accordance with the plan. In cases of extreme service to the annual leave can be transferred to another date, but only by order signed by the chief.
