there is at the worker a right to annual holiday in case of its transfer to other place of work?

In the publication are answered to a question: Whether there is at the worker a right to annual holiday, in case of its transfer to other place of work?

According to Art. 81 the Labour Code at will of workers, peyorevedenny for work from one enterprise, establishment, the organization on another predpriyayoty, in establishment, the organization which didn’t use in the previous place of work as a polyonost or partially annual main holiday and didn’t receive for it monetary compensation, annual holiday of full duration is provided before approach shestimesyachno­go term of continuous work after transfer.

If the worker transferred to work on other enterprise, in establishment, the organization, a polyonost or partially didn’t use annual the main and additional holidays, in the length of service, granting the right on annual the main and additional holidays, is set off time for which it didn’t use these holidays in a preyodydushchy place of work.

That is this article establishes an order of a preyodostavleniye of holiday in case of transfer rabotni­ka from one enterprise, establishment, an organiyozatsiya on other enterprise, in establishment, the organization. About such transfer there should be the corresponding employment records of a rayobotnik. It has important practical znacheyony, as in other cases of reception of the worker on other enterprise, in establishment, an organizayotsiya (for example, after dismissal from the previous place of work at own will, etc.) standards of made comments article on it not ras­prostranyayutsya and holiday to such worker pre­dostavlyaetsya in accordance with general practice, specified in Art. 79 the Labour Code.

The right of the worker employed as transfer from other enterprise, to receiving holiday before the expiration of six months of nepreryvyony work on a new place arises only provided that the worker didn’t use in a predyyodushchy place of work in whole or in part annual main holiday and didn’t receive for it monetary compensation.

If translated to other enterprise, in an uchyorezhdeniye, the organization the worker a monetary komyopensatsiya for unused holiday not polu­chil, necessary for granting to it ot­puska the experience is estimated not from first day of its work on a new place, and for longer period including time for which the rabotyonik didn’t use holiday on previous mes­te work.

Thus, in that case when at a polucheyoniya the worker of monetary compensation for neisyopolzovanny holiday its working year ischislya­etsya from first day of work on a new place, if he didn’t receive such compensation, its working year is estimated, as well as before, from the date of reception on the previous place of work.

(On materials The magazine for a ker_vnik).