Can a work holiday burn and how to replace part of the rest with money, said the expert

Consultant of the Main Legal Department of the Ministry of Labor and Social Protection Tatiana Rahubo told on the air of the program “Actual Interview” on the TV channel “First Information”, whether the work leave can burn down and how to replace part of the vacation with money without quitting, reports sb.by.

The representative of the Ministry of Labor noted that the right to rest for Belarusians is guaranteed by the Constitution and the Labor Code, so vacations do not disappear anywhere.

“In a situation where an employee refused to take leave, the possibility of receiving it is actually already excluded, but monetary compensation for dismissal for the number of days he did not use, of course, the person will receive. So the vacation doesn't burn. Upon dismissal, the employee will always receive the final calculation, which includes all calendar days of leave, regardless of their number, said Tatiana Rahubo.

At the same time, in two cases, part of the holiday can be replaced by monetary compensation without leaving.

“It is possible to replace part of the work leave with money without dismissal in Belarus only by agreement of the parties and provided that the use of at least 21 calendar days for the current working year is used as a rest, and only part exceeding 21 days is replaced by compensation. There are categories of workers who are not allowed to replace leave with monetary compensation: these are pregnant women, disabled people, minors, this is also relevant for leave for work in harmful and dangerous working conditions and for the main leave working in the Chernobyl pollution zone, the expert noted.

It is possible to receive compensation in case of early withdrawal from work leave at the initiative of the employer. The consent of the employee is required. Minors and workers who work in harmful and dangerous working conditions cannot be recalled from leave. Any other category may be withdrawn. If the employee actually used for rest at least 14 calendar days in the current working year, the question of replacing part of the leave with monetary compensation may arise.

“The leave is planned in accordance with the leave schedule. As a rule, it is approved before January 5. During the calendar year, the employer must comply with the vacation schedule. But sometimes there are force majeure situations, exceptional cases when the employer for production reasons cannot let the employee go on full leave. But he can, having received the consent of the employee, provide at least 14 calendar days, and the part that remained unused, provide either in the current working year or postpone to the next working year. But here, too, there are two categories to which employers are obliged to provide full leave every year: minors and workers working in hazardous working conditions, added Tatiana Rahubo.

The Ministry of Labor told how to properly plan work leave and in which cases it can be extended