Carryover of unused vacation to the next year. The employee did not use his right to annual paid leave in the calendar year
In almost any organization, a situation may arise when you have to postpone an employee's vacation. It is possible both at the initiative of the employee (he has the right to apply with a corresponding written request to the employer), and at the initiative of the employer (for example, when the provision of leave at the scheduled time may adversely affect the progress of work in the company). However, not all employers arrange such a transfer of an employee's vacation. Or they take a statement from the employee and do not make adjustments to any documents. Today we will tell you for what reasons you can postpone an employee’s vacation, and we will describe the procedure for the employer.
Grounds for postponing vacation
According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings. At the same time, the duration of the annual basic paid leave cannot be less than 28 calendar days.
In addition to the main paid leave, employees are entitled to various additional leaves for the nature of work, working conditions or for other reasons (for harmful working conditions, irregular working hours, etc.). The duration of the annual basic and additional paid holidays of employees is calculated in calendar days x and is not limited to the maximum limit (Article 120 of the Labor Code of the Russian Federation).
In accordance with Art. 122 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. At the same time, leave for the second and subsequent years work can be provided at any time of the working year in accordance with the order of granting annual paid holidays established by the employer. By virtue of Art. 123 of the Labor Code of the Russian Federation, such a priority is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization not later than two weeks before the beginning of the calendar year.
Note.The vacation schedule is mandatory for both the employer and the employee.
The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation. If the employer has not complied this obligation and did not warn in a timely manner about the start time of the vacation, at the written request of the employee, he is obliged to postpone the annual paid vacation for another period agreed with the employee (part 2 of article 124 of the Labor Code of the Russian Federation).
Similarly, the employer must act in the event that the employee was not paid annual leave in a timely manner. We recall that, by virtue of Art. 136 of the Labor Code of the Russian Federation, vacation is paid no later than three days before it starts.
Pay attention to one nuance: the vacation is postponed only if the employee receives a corresponding written application, that is, you do not need to contact the employee yourself with information about postponement of vacation for the reasons given.
But if during the vacation the employee fell ill (and he has a certificate of temporary disability), performed state duties, if the labor legislation provides for exemption from work (public duties include, in particular, participation in a court session as a juror, witness , an expert, an interpreter, sending to military training, summoning for interrogation to the bodies of inquiry or investigation, to the prosecutor's office as a witness, victim, their legal representative or witness), the vacation is extended automatically. To transfer the remaining vacation days to another period, the employee must receive a corresponding application (part 1 of article 124 of the Labor Code of the Russian Federation).
Here is an example of such a statement from an employee.
Director of LLC "Flowers"
P. O. Gorshkov
Statement.
I was granted annual paid leave from February 10 to February 28, 2014, however, 4 (four) days this vacation(From February 18 to February 21, 2014) I was ill, which is confirmed by a certificate of temporary disability issued by the GBUZ " City Polyclinic No. 37".
In view of the foregoing, pursuant to par. 2 hours 1 tbsp. 124 of the Labor Code of the Russian Federation, I ask you to transfer 4 (four) days of vacation to another period, namely from June 16 to June 19, 2014.
Application: certificate of temporary disability dated 18.02.2014.
03/03/2014, Sharkov
It will also be necessary to postpone the vacation when appropriate grounds are established for this in local or other regulatory acts. So, if the internal labor regulations provide for the illness of a family member as a basis for extending or postponing the annual paid leave, the employer, when the employee submits a disability certificate to care for, for example, a child, must postpone or extend his leave (Letter of Rostrud dated 01.06.2012 N PG /4629-6-1).
Note!In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization or individual entrepreneur, with the consent of the employee, the transfer of vacation to the next working year is allowed. In this case, leave must be used no later than 12 months after the end of the working year for which it is granted.
In any case, failure to grant annual paid leave for two consecutive years is prohibited.
As mentioned in the preamble, the grounds for postponing the vacation may arise not only from the employer: the employee may ask for this in the application (for example, for family reasons).
Director of LLC "Flowers"
P. O. Gorshkov
From correspondent L. N. Sharkov
Statement.
In accordance with the vacation schedule for 2014, annual paid leave must be granted to me from March 17 for 28 calendar days.
Based on par. 4 hours 1 tbsp. 124 of the Labor Code of the Russian Federation, I ask you to change the start date of the vacation and provide it from April 28 for 28 calendar days.
03/03/2014, Sharkov
We draw up documents for the transfer of vacation
So, as soon as one of the circumstances mentioned above appears, documented (an employee’s statement about the postponement of vacation, a certificate of incapacity for work, a notification from the employer about the postponement of vacation, certificates, etc.), an order is issued in free form. Let's take an example.
Society with limited liability"Flowers"
| G. Saransk | March 6, 2014 |
Order
on the postponement of annual paid leave
Due to the fact that during the annual paid leave (from 10.02.2014 to 28.02.2014) correspondent Leonid Nikolayevich Sharkov was temporarily disabled for four calendar days (from 18.02.2014 to 21.02.2014) (temporary disability certificate dated 18.02. 2014, series BB N 12345678), guided by article 124 Labor Code and based on the application of L. N. Sharkov dated 03.03.2014
I order:
1. Postpone four calendar days of L. N. Sharkov's vacation for the period from June 16 to June 19, 2014.
2. Accountants to recalculate vacation pay.
3. The head of the personnel department to make changes to the vacation schedule.
| Director | Gorshkov | P. O. Gorshkov |
Acquainted with the order:
Sharkov, 03/06/2014
If an order has already been issued to grant the employee leave, it must be canceled.
The order to postpone the vacation must be registered in the manner prescribed by the employer, for example, in the register of orders (orders).
It is necessary to familiarize the employee with the order to postpone the vacation against signature, and if he refuses, draw up an appropriate act. Additionally, on the order itself, you can make an inscription about the refusal to familiarize yourself with the order. Of course, drawing up an act and an inscription on the order are not provided for by law in such cases, but we still recommend doing this to confirm the refusal in the event of a dispute (for example, about the date of postponement of the vacation).
Now you need to make changes to the vacation schedule, time sheet and, possibly, to a personal card. The last document is amended if the record of granting annual leave has already been made in it and the dates of the leave are changed due to the postponement. To correct the vacation record, in sec. VIII "Vacation" after the record of the vacation that is postponed, you should indicate how many vacation days are used, as well as that the rest of the vacation is postponed. As a basis for making such an entry, it is necessary to reflect the details of the order to postpone the vacation.
Regarding changes to the vacation schedule (unified form T-7), let's say the following. Some personnel officers issue a separate order to amend the vacation schedule, but we believe that this is not necessary. Especially for fixing the transfer of the vacation, the schedule provides columns 8 "Basis (document)" and 9 "Date of the proposed vacation": they indicate the details of the order to transfer the vacation and new period rest, agreed with the employee.
Column 10 "Note" of the vacation schedule can also be filled in by a personnel worker when postponing a vacation. For example, you can enter the reasons for the transfer of the employee’s vacation into it (for example, “The vacation was postponed due to the delay in paying vacation pay”). However, since the vacation schedule is almost always checked by the GIT inspectors when carrying out control and supervisory activities, personnel officers independently determine whether to fill out column 10 or not.
Summarize
In conclusion, let's briefly talk about the sequence of actions personnel worker when registering the transfer of vacation for an employee. So, if there are reasons for the postponement of vacation both on the part of the employer (late payment of vacation, failure to notify the employee about the vacation at least two weeks in advance, etc.), and on the part of the employee (temporary disability, family circumstances, etc.) and their documentary evidence an order to postpone the vacation is issued. Based on such an order, the vacation schedule, personal card and time sheet are adjusted.
23.08.2019
Almost all companies have an internal document that contains information about the duration and date of employee rest periods - the vacation schedule.
It must be completed prior to the start of the new calendar year. For example, the schedule for 2020 should be prepared in December 2019.
When changing dates, it is necessary to make adjustments to the current schedule -.
For this reason, it is necessary to apply to the employer with a request to transfer the vacation to the next year as early as possible.
Transfer is not allowed for the following persons:
- underage workers;
- persons carrying out their labor activity in hazardous production or in hazardous conditions.
The management of the company, to which these employees addressed with a request to move the rest for the next year, is obliged to refuse them. This need is related to labor safety rules.
Who cannot be denied transfer:
- men who plan to combine their vacation with the spouse's decree;
- military wives;
- women planning to take annual paid leave before or immediately after the decree;
- adoptive parents who have taken custody of a child under the age of 3 years;
- collaborators.
For these categories of citizens in the vacation schedule, it is necessary to make a note on the approximate date of their vacation. In any situation, making changes to the document is considered a mandatory procedure and is carried out on the basis of.
How to apply?
The first action that must be taken by an employee to transfer unused vacation days for the next year is the provision of an appropriate statement to the head.
There is no unified form for writing it, so it is filled in free form.
Company letterhead may be used. The narration style is businesslike.
The following information must be included in the application:
- Company name;
- Name and position of the head;
- Name and position of the employee;
- document's name;
- main part. It indicates the established and desired vacation date, the number of unused days in the current year, as well as the reason for its transfer to the next year;
- Date of preparation;
- applicant's signature.
If there is documentation confirming the need to transfer to the next year, it should be attached to the application.
After receiving the document and getting acquainted with the information contained in it, the employer makes his decision. If it is positive, an appropriate order is issued. It contains the following information:
- Name of the organization;
- Title of the document;
- assigned serial number;
- date and place of publication;
- main part. It implies the presence of a reference to the Legislation - Article 124 of the Labor Code of the Russian Federation and the text of the order, beginning with the word “I order”;
- Name and position of the employee;
- the date on which the vacation is postponed, its duration;
- appointment of an employee who must make adjustments to the vacation schedule;
- responsible person who controls the execution of the order;
- grounds for transferring vacation;
- Full name and signatures CEO and an accountant.
Is it allowed at the initiative of the employer?
Article 123 of the Labor Code of the Russian Federation regulates the right of the employer, according to which, in the presence of significant circumstances, he can postpone the vacation of a subordinate to the next year.
committing this action possible only in the absence of objections from the employee.
The initiative may come from the employer for the following reasons:
- by necessity. It implies the occurrence of negative consequences for the company, in the event of the absence of an employee in a specific period of time;
- the need to fulfill government tasks.
Upon receipt of consent from the employee to transfer vacation time to the next year, you must go to documentation this action. To do this, you should prepare a number of papers similar to the previous case - an application and an order. Their filling is carried out according to the same rules as when transferring leave at the initiative of the employee.
Only in the application, the employee does not express a request, but consent to changing his vacation dates and transferring them to the year following the current one.
Sample order to transfer to the next year according to production needs -:
Is it possible for additional unused days under the Labor Code?
Some categories of employees are entitled to apply for additional leave. For persons who are entitled to this rest time, the fact of its presence is indicated in labor agreement. Basically, such a period is present in people working in hazardous enterprises with harmful working conditions.
The presence or absence of the possibility of transferring additional unused vacation next year must be specified in the employment agreement.
Some employers allow the transfer, others - against this action.
For getting detailed information for a specific case, it is necessary to familiarize yourself with the information noted in employment contract. In addition, conditions of this nature may be specified in collective agreements or other local regulations.
Useful video
Does unused vacation burn out, or can it be carried over to the next year - see the answer in the video:
Annual leave not used by an employee in the current year does not expire and can be carried over to the next one. The initiative can come from both the employee and the employer. An important condition is that the mutual agreement of both parties must be reached.
To process the transfer, the employee needs to write a statement with a request or consent, and the employer must draw up an order and make changes to the schedule.
CALLIt's fast and free!
In the last issue, we talked about the rules for granting annual basic paid leave, this time we'll talk about its postponement. In some cases, the employer is obliged to satisfy the request of the employee, in others - he can only meet him halfway.
Let's start with the cases when employer must reschedule vacation. They are listed in Art. 124 of the Labor Code of the Russian Federation and are conventionally divided into 2 groups:
- for reasons beyond the control of the company;
- by the decision of the employer or because of his illegal actions.
For convenience, we will present all the reasons for the transfer of vacation in the Table.
table
When is vacation postponed?
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Let us consider them in more detail, keeping the numbering proposed in the Table.
Transfer for reasons beyond the control of the employer
The employer is obliged to postpone the vacation (or part of it) for another period in the following cases:
1. The employee fell ill during the annual paid leave(paragraph 2, part 1, article 124 of the Labor Code of the Russian Federation). The basis for the transfer of vacation in this case will be a properly executed certificate of temporary disability (part 5 of article 13 federal law dated December 29, 2006 No. 255-FZ “On mandatory social insurance in case of temporary disability and in connection with motherhood”).
If the employee wants to extend the vacation, then this is done automatically, there is no need to write an application (clause 18 of the Rules on regular and additional vacations, approved by the USSR TNK on April 30, 1930 No. 169). If the vacation is postponed for another period, then the employee needs to write a statement in which he should indicate which days he wants to transfer the remaining vacation days (Example 1).
Example 1
Application for the postponement of vacation due to sick leave during the vacation period
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2. The employee was called to perform public duties during the vacation, for whom labor legislation provides for exemption from work (paragraph 3, part 1, article 124 of the Labor Code of the Russian Federation). Such duties (part 1 of article 170 of the Labor Code of the Russian Federation) include:
- participation in a court session as a juror (Article 10, Clause 3, Article 11 of the Federal Law of August 20, 2004 No. 113-FZ “On jurors of federal courts of general jurisdiction in the Russian Federation”);
- participation in a court session as a witness, expert, translator (Article 113 of the Civil Procedure Code of the Russian Federation);
- summoning for interrogation to the bodies of inquiry, investigation, prosecutor's office, court as a witness, victim, legal representative or witness (part 4 of article 60, part 3 of article 188 of the Code of Criminal Procedure of the Russian Federation);
- passing military training, medical examination to resolve issues of military registration, etc. (clause 2, article 6 of the Federal Law of March 28, 1998 No. 53-FZ “On military duty and military service”).
An official document confirming the performance of public duties, for example, a summons or a certificate issued by the relevant government agency(Prosecutor's office, court, military commissariat, etc.).
3. Other cases provided for by labor legislation, local regulations(paragraph 4, part 1, article 124 of the Labor Code of the Russian Federation). This includes, for example, situations of coincidence of dates study leave with annual paid leave (see part 1 of article 174, part 2 of article 177 of the Labor Code of the Russian Federation). The employee must write an application with a request to grant him study leave. It should also ask for an extension of annual leave or postpone it (with dates). The application must be accompanied by a certificate-call from the educational organization.
Details about study leave, the grounds for its provision and the procedure for issuing, read the article " We issue study leave»
As an example of another case provided for by labor legislation, one can name the provision of leave without saving wages employee in the event of the birth of a child, marriage registration or death of close relatives(paragraph 5, part 2, article 128 of the Labor Code of the Russian Federation). The employer is obliged to provide a vacation of up to 5 days. Therefore, the main leave must either be extended or postponed by the number of days provided without pay.
Besides, in collective agreement additional grounds for postponing (prolonging) leave may be established. So, Rostrud in a letter dated 06/01/2012 No. PG / 4629-6-1 indicated that the illness of a family member can be provided for in the local normative act accepted by the employer in the prescribed manner as the basis for the extension (transfer) of the annual paid leave. In some companies, such grounds include the marriage of children or parents of an employee for up to 3 days, Knowledge Day - September 1, etc.
Postponement of leave at the initiative of the employer or through his fault
Now we list the reasons when the vacation is postponed due to the fault of the employer.
4. The employer did not transfer the holiday pay to the vacationer in a timely manner. Recall that according to part 9 of Art. 136 of the Labor Code of the Russian Federation, this should be done no later than 3 days before the start of the vacation (part 2 of article 124 of the Labor Code of the Russian Federation).
5. The employee was notified about the start time of the vacation less than 2 weeks before it began(part 2 of article 124 of the Labor Code of the Russian Federation).
In both of these cases, leave should be postponed only if the employee requests it in the relevant application. If such a request is not received from him, then the employer does not need to do anything.
6. Exceptional cases when granting leave to an employee in the current year may adversely affect the normal course of the organization's work. For this reason, vacation can be carried over to the next working year. However, there are limitations here:
- the employer needs to obtain the consent of the employee for this (either in the form of an application or an inscription on a document that justifies the postponement of the vacation);
- leave must be used no later than 12 months after the end of the working year for which it is granted (part 3 of article 124 of the Labor Code of the Russian Federation);
- it is prohibited not to provide annual paid leave for 2 consecutive years, as well as to employees under the age of 18 and employees employed in work with harmful and (or) dangerous working conditions (part 4 of article 124 of the Labor Code of the Russian Federation).
Transfer of leave at the request of the employee
And finally, the employee can initiate the postponement of the vacation(see column 7 of the Table). In this situation, the employer is not obliged to postpone the vacation, but has the right to agree with the employee. Some experts believe that in order to postpone the leave at the request of the employee, it is necessary to provide an appropriate basis in the local regulatory act (see column 3 of the Table and paragraph 4 of part 1 of article 124 of the Labor Code of the Russian Federation). They refer to the fact that the Labor Code of the Russian Federation does not provide for the postponement of vacation only if there is an agreement between the parties, not due to other reasons.
In our opinion, this requirement is excessive. Do not forget that in accordance with Part 1 of Art. 15 of the Labor Code of the Russian Federation, labor Relations is a relationship based on an agreement between an employee and an employer. Therefore, if the employee in the application asks for the postponement of the vacation, and the employer does not mind rescheduling it, then this will be enough just on the basis of par. 4 hours 1 tbsp. 124 of the Labor Code of the Russian Federation (Example 2).
Example 2
Application for postponement of leave at the request of the employee
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Example 3
The initiative to postpone the vacation can be issued in the form of a memorandum
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Paperwork
After receiving the employee's application for the transfer of vacation, the employer must agree on new dates. In practice, a situation is possible when the absence of an employee at the time chosen by him will adversely affect the normal course of the organization's work, therefore, despite the fact that the employer is obliged to postpone the vacation, taking into account the wishes of the employee, the final determination of the dates remains with the employer. His decision is reflected in a statement in the executive's resolution (marked as 1 in Example 2). The opinion of the immediate supervisor can be reflected in the approval visa below the signature of the employee (number 2 in the same place).
Then an order is issued to postpone the vacation (Example 4).
If the transfer initiator is an organization(when a vacation may adversely affect the normal course of her work), then the basis for issuing an order will be a report / memo about the need for such a transfer and the consent of the employee (in the form of a visa on a note or a separate application - see the mark with the number 1 in Example 3).
Please note: if an order was previously issued to grant the employee leave, it must be canceled. Then you need to make changes:
- in the vacation schedule (the new date of the proposed vacation is entered; the basis is the document that changed the vacation date; in the last column, you can explain the reason for the transfer, for example, due to temporary disability during the vacation period (see mark 1 in Example 5) or in connection with production necessity (mark 2 in the same place));
- employee's personal card (only if the annual paid leave has already been recorded). This document is usually completed by an accountant or personnel officer.
The time sheet is always filled out according to actual circumstances, therefore, it does not require correction of information. Holiday days in it are marked with the letter "FROM".
Example 4
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In accordance with the norms of the law, each enterprise creates a vacation sequence schedule, on the basis of which workers use their well-deserved rest throughout the year.
However, considering that initially it is impossible to plan the same family problems or production processes, both the employer and the employee are given the right to reschedule for another time that will be convenient for both the employee and the company.
Legislative regulation of the issue
Work at each enterprise implies the use of a certain system, which is formed taking into account the specifics of labor and other processes. economic activity. That is why the employees of the company, who are actually the main resource and driving force, use the main vacation not at any convenient time for them, but in accordance with the priority schedule, which is drawn up in such a way that manufacturing process did not stop.
So, in particular, in accordance with Article 123 of the Labor Code of the Russian Federation Until December 15, this schedule for the next year should be published, drawn up taking into account the economic activities of the institution and the opinion of the trade union, which monitors the observance of the legal rights of workers. Then the agreed document is approved by the head of the company and the chairman trade union committee, and is accepted for execution on the condition that the fixed periods of rest for all employees must be observed by both parties, that is, both employees and the employer.
At the same time, taking into account that when creating a schedule it is impossible to foresee all unforeseen circumstances that may arise over the next 12 months and lead to the need to transfer legal rest to another period, the law provides for the possibility of making changes that, accordingly, will give both parties the right to use the exemption period from labor activity at other times.
So in particular, okay Article 124 of the Labor Code of the Russian Federation annual and vacation can be postponed both at the request of the employee himself, and at the initiative of the enterprise, but with the only condition, namely, the use of the agreed period of rest until the end of the current year or no later than the end of the next, given that, within the framework of the law, not granting vacation during more than two years is prohibited.
Types of periods of exemption from the labor process
According to the norms of the law, every worker has the right to both work and rest, expressed not only in days off, but also in annual holidays, minimum length which, in accordance with Article 115 of the Labor Code of the Russian Federation, is 28 days in calendar terms. At the same time, if an employee performs his duties in conditions that deviate from the norm, which is relevant in the presence or work in the northern regions, he is also entitled to additional time off from work, the length of which is determined in accordance with the norms of the law.
So in particular, in addition to annual leave by law provided the following types extra rest for:
At the same time, the main vacation is provided to each employee for a fully worked year, but the additional one is only proportional to the hours worked under certain conditions, minus periods of disability and the same annual holidays.
The specified types of rest in accordance with Article 114 of the Labor Code of the Russian Federation are generally considered to be annual paid periods of release from work in order to rest from everyday workload and to restore physical condition in the event that we are talking about the harmful effects of certain production factors. At the same time, in accordance with Article 124 of the Labor Code of the Russian Federation, any of them can be rescheduled for another period, both at the request of the worker himself, and at the will of the management, if the worker's rest at the previously scheduled time will lead to a disruption in the production process.
By the way, in accordance with the same article 124 of the Labor Code of the Russian Federation, annual leave should be moved regardless of the wishes of the parties in the following cases:
- during the period of use of lawful rest, for a number of days equal to illness;
- execution of state or public duties, let's say the liquidation of the consequences of the disaster or .
Also, in accordance with the norms enshrined in the Labor Code of the Russian Federation, an employee can count on the following types of vacations, which can already be called social, in particular, we are talking about and . The agreed types of exemption from direct duties, in fact, are targeted, provided for childbirth and caring for a baby or for scheduled exams. And since neither the date of birth of the child, nor the passing of the session can be postponed to another date, given that the physiological needs of the body, as well as the plan of the educational institution, cannot be changed at the request of the worker, maternity leave and student leave are not transferable.
Reasons for changing rest periods
As a rule, annual leave is granted on the basis of a priority schedule, which, in accordance with Article 123 of the Labor Code of the Russian Federation, is mandatory for both parties.
At the same time, the law takes into account that it is impossible to foresee all the circumstances a year ahead. Therefore, the possibility of transferring a well-deserved rest to another period is allowed, but again only by agreement of the parties, which are the employee of the company and its head.
It should be noted that the vacation schedule, in fact, is local act, the norms of which the parties are obliged to comply with, therefore, any changes to the agreed document must not only be documented, but also have good reason for such actions.
At the request of the employee
So, in particular, at the request of the worker, it is possible to transfer in the following cases:
The agreed list of grounds for postponing the vacation period is, of course, far from complete, given that there can be many urgent cases or problems that suddenly arise, which is why the right to judge how valid the reason for postponing vacation time is by law is given to employer, which actually will decide how justified the transfer is.
Employer initiative
Considering that both sides labor relations, in fact, are equal partners, the employer has the same right to transfer the previously planned rest as the employee himself. At the same time, according to the law supervisor not only must announce his decision, but also confirm the validity of the postponement of the holiday.
It should also be noted that the law as a basis to change the vacation period, only one wording is provided, implying an unfavorable reflection on the course production activities, therefore, the director has the right to decide for himself how and how much the absence of a worker at the enterprise at the moment will affect and how justified the transfer is.
That is, in fact, the company's management can use any wording from the submission of quarterly reports to the completion of the project, not to mention the replacement of a temporarily absent employee due to illness or scheduled inspection regulatory authorities. There is one more aspect that should be noted, which is enshrined at the legislative level, namely the consent of the employee, which, despite the operational need, may not agree with the decision of the management, especially if the vacation is provided according to the schedule and tickets have already been bought for the same sea or abroad.
Reasons for rejection
As a rule, both parties of legal relations in most cases any production issues, including the postponement of annual leave, are decided in the working order and on a contractual basis, because the director may need to hand over an urgent project at the end of the work shift, and the employee may have an unplanned day off, which, in principle, leads to a joint understanding.
However, in some cases, consensus cannot be reached, given that any compromises are made subject to single condition, the implementation of the normal course of work.
That is, in fact, an employee can be refused a transfer of vacation only if his absence from the company adversely affects the overall course of the production process.
Registration procedure
Given that the priority schedule is a local act, any changes to the agreed document imply a certain registration procedure.
Employee initiative
So, in particular, if the employee is the initiator of making changes, to begin with, it is drawn up, which is submitted for consideration to the management. Then, when a positive decision is made, expressed in the imposition of a resolution, an order is already issued to amend the schedule and, accordingly, provide legal rest at another time.
If the reason for changing the rest period is sudden onset illness, a sick leave certificate is also attached to the application, on the basis of which the transfer order is issued.
By the way, in accordance with Article 123 of the Labor Code of the Russian Federation, the employee must be notified of the start time of the vacation 14 days before its occurrence. If the worker within the agreed time not received notification, such actions are regarded as violations of the rights of the worker and lead to the emergence of the employee's right to transfer the vacation at his request to a time convenient for him in accordance with Article 124 of the Labor Code of the Russian Federation, again with the filing of an application and the issuance of an order to change the period of use of legal rest.
Employer's wish
In the event that the head of the company is the initiator of the transfer of the term of use, the analogue of the application from the employee is already report from the same department head who brings to the attention of the management about the presence of urgent cases or an unfinished project, as well as the need to transfer the rest in relation to a certain employee in order to avoid disrupting the normal course of production activities.
Based on the submitted report, an order is issued, with which the worker must not only be familiarized without fail, but also express consent by affixing a signature or writing the phrase: I do not agree with the postponement of the vacation. By the way, the order itself should contain not only a request for changes to the schedule, but also a new date for the use of legal rest.
Considering that it is quite difficult to predict the need for rest only in a certain period, and even a year in advance, the company's management in most cases decides on the postponement of the main vacation in a positive way. After all, everyone understands that with a loyal approach to employees, as well as their problems, the ability to work, as well as the desire to fulfill immediate duties, increase significantly.
For the rules for issuing annual leave, as well as their transfer, see the following video:
The right of annual leave is granted to every working citizen by law. Fulfilling the prescribed rules labor law, employers plan the rest time of employees, determine the order, draw up schedules.
However, take a walk due days it doesn't always happen on time. The change in the schedule can be influenced by the desire of the employee himself, who is trying to prove his indispensability in the workplace or does not want to go on vacation for personal reasons. There are also cases in which the employer does not allow rest, when the situation at the enterprise requires the presence of an employee at the workplace.
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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In order to properly and legally dispose of unused vacation, you should know what to do if it was not possible to rest during the working year. A properly executed transfer of vacation to the next year will allow the employer to avoid problems with the labor inspectorate, and the employee to take advantage of extra days rest or receive compensation for them.
Provisions of the Labor Code
The procedure for granting holidays in 2020 is regulated by Chapter 19 of the Labor Code of the Russian Federation. According to it, the employer is obliged to release each of the employees on vacation for at least 28 days annually. In addition to the main Labor Code, it enshrines the right certain categories citizens for additional leave.
The need to allocate additional paid vacation time is based on several criteria:
| Working conditions | The employer is obliged to provide additional leave when:
Depending on the circumstances, the main vacation of employees can be extended by three or more days. |
| Categories of employees | In addition to those who receive extended paid leave, based on certain working conditions, additional rest time should be provided:
By agreement with the employer, in case of urgent need, the employee can take unpaid additional leave. |
| Documentary grounds | The grounds for leave are:
|
An employer's decision to grant additional paid leave beyond the statutory periods must take into account the views of employees. Therefore, they are accepted by agreement with the trade union.
The legislation allows the division of the total number of days off into several parts, one of which must be more than 14 days.
At the same time, in exceptional cases, it is allowed to skip the annual rest, or part of it. In this case, you can supplement the next year's vacation period with non-vacation days, or get paid for them.
According to Article 124, the transfer of the rest period is possible if:
- the employee and the employer agree to the transfer;
- there are weighty grounds for this, legally defined both for the employee's side and for the employer's side;
- the employee does not belong to a category for which the absence of annual rest is unacceptable.
The latter include workers who are employed in hazardous and hazardous industries, as well as employees who are under 18 years of age.
It is strictly forbidden to allow employees to have no vacation for two years in a row. It is also impossible to deprive an employee of rest against his will. For such violations of the law, penalties are applied to the management of the enterprise.
What types of recreation can be transferred
The possibility of changing the dates applies only to such types of recreation that are social guarantee provided by the state hands of the employer.
These include paid rest periods provided as:
- basic annual leave;
- additional leave;
The employee and the employer can independently manage only the main and additional holidays. With regard to the postponement of educational, maternity and parental leave, documented grounds are required to change the term.
For study periods - documents from educational institutions.
The basis for issuing a decree is. Legislation protects women during periods: pregnancy, childbirth and baby care.
The employer does not have the right:
- recall an employee from the decree;
- replace this type of vacation with monetary compensation;
- is obliged to provide parental leave to one of the members of the family in which the baby appeared, and also to keep the position and salary for this employee.
A woman has the right to refuse a decree and parental leave, but in this case she will not be paid "sick leave" and benefits. Leave intended for the care of an infant up to three years of age is guaranteed both for the mother and other close relatives of the child. Importantly, the employer is required to provide paid time on this basis to only one family member who actually cares for the child.
During these three years, the employee can interrupt and arrange this type of leave repeatedly, as well as work on conditions agreed with the employer without loss of benefits.
Common options are:
- performance of work duties at home;
- part-time;
- shortened work week.
You cannot transfer the unused part of the decree and parental leave. Also, the possibility of transfer does not apply to exemptions from work, which are granted to employees without pay.
To exercise the right to transfer non-vacation leave both the employee and the employer must have a good reason for this and correctly draw up documents.
At the request of management
The legal grounds for skipping scheduled rest periods are determined by law.
You can transfer the rest at the request of the management:
- not more than one year;
- only with the consent of the employee;
- if at the time of the employee’s scheduled rest, the presence of the latter at the workplace is necessary.
The reason why an employee's annual leave can be rescheduled must be valid. The legislation allows the cancellation of an employee’s vacation or his recall from vacation if urgent circumstances arise in which the absence of this employee will entail serious negative consequences for further work enterprises.
Registration of the transfer, made at the initiative of the management, consists of:
- a written notice to the employee, which describes the reasons for the change in terms;
- obtaining the consent of the employee;
- issuance of a transfer order;
- making changes to accounts.
It is important to take into account that if the deadlines are shifted at the request of the management, then during the next working year the employee has the right to choose any time for the annual rest, which will be convenient for him.
At the request of the employee
The transfer of rest at the initiative of the employee is possible on the basis of his desire, which requires the consent of the employer. And also in the event of circumstances in which the manager is obliged to postpone the vacation to another time, if the employee makes such a request.
It's necessary:
| If the rest period coincided with the illness of the employee | The basis for the transfer in this case is a certificate of incapacity for work. |
| The employee is recalled to perform duties related to state necessity | The head is obliged to reschedule the deadlines if during labor leave employee:
The basis will be a document provided by state authorities. |
| Violated the rights of the employee when granting leave | It is a violation to warn an employee about the start of a work holiday in less than two weeks, as well as untimely payment of vacation pay. According to Article 136 of the Labor Code, an employee is obliged to receive a cash payment three days before the start of the holiday. |
In the event of the above circumstances, the employee must draw up an application for the transfer of vacation, indicating in it good reason, allowing you to change the vacation schedule approved at the enterprise.
The procedure for applying for the transfer of vacation to the next year
Proper vacation planning and timely notification of employees are important components labor discipline. Particular care should be taken with data on postponement, since if accounting is incorrect, part of the vacation days of employees may remain unfulfilled for more than two years. If Labour Inspectorate upon inspection, it detects such a violation, the company may face a hefty fine.
Therefore, control should be carried out at all stages of the transfer, starting with the registration of the employee's application and ending with the use of the free part of the vacation left over from the previous year.
Sample Application
An employee who decides to postpone the period of work rest should write a statement. special unified form for contacting the personnel service, this document does not have. The law gives enterprises the opportunity to develop their own form for such requests from employees. This will greatly simplify the workflow and will standardize the accounting of applications.
The form must consist of three parts:
| "Hat" | The first part includes the details of the applicant and his addressee. It specifies:
The name of the document is indicated in the center of the sheet with a capital letter. It can be "Application" or "Application to transfer vacation to the next year." |
| Main content | The body of the application must include:
If changes to the schedule are made for the employee's personal reasons, the wording "for personal/family reasons" is sufficient. If there are special circumstances that force the employee to ask for the postponement of the vacation, you should not only describe them, but also indicate in the application a list of supporting documents. All listed documents must be attached to the application. |
| Signatures | In the last part of the application, the employee affixes his signature with a transcript, puts the date of the document. Here it is also necessary to provide lines for marking the acceptance of the application by the personnel department, as well as a place for the manager's visa. The latter must not only allow the transfer, but also give instructions on how long the employee's request should be fulfilled. |
To make work easier personnel service, in addition to the form, it is recommended to draw up type specimen leave requests. If there are a lot of employees in the enterprise, this will save the time of personnel specialists to draw up a document.
If the shift in terms is not carried out at the initiative of the employee, then he should not write any statements. It is enough to familiarize yourself with the order of the management and agree to transfer the vacation to the next year.
Order
When drawing up an order, one should rely either on the circumstances that have arisen at the enterprise, or on the application of the employee.
The order is issued when any changes are made to the approved vacation schedule, regardless of whether the transfer is made to the next working year, to the next month, or the unused vacation is shifted by several days.
It is important to note that when changing the terms of work rest on their own initiative, the employee does not have the right to choose a convenient vacation time next year. Such an opportunity is given only if the transfer is initiated by the employer, and is also provided for certain categories of citizens specified in the Labor Code.
The text of the order must contain:
- the reason for changing the employee's vacation period;
- link to the application, if any;
- new term;
- requirement for accounting to recalculate vacation pay;
- requirement for HR specialists to amend the accounting documents of the enterprise;
- signature of the manager who authorized the transfer;
- the line in which the employee puts his signature when reading the text of the order.
On the basis of the order, it is necessary to make notes in the staff leave register, make changes to the schedule in the T-7 form. Changes are also reflected in the time sheet.
Only after signing this document the transfer is considered perfect by the employee and the employer. If there is no written order, then for the employee a pass working days may be considered a walk.
Is it possible to compensate if it was not possible to take a walk
The legislation provides for the possibility of compensating vacation in cash. However, this part of the code imposes significant restrictions.
Based on the premise that 28 days of rest should be provided to each employee annually, the law does not allow replacing them with money in the current year.
You can only compensate for the period of work rest that exceeds 28 days:
- additional days for extended leave;
- days obtained by transferring vacation from the previous working year;
- as well as any number of unused days at the time of dismissal.
It turns out that the right of an employee to 28 legal vacation days can be realized in kind once every two years, and the remaining days can be compensated, but only in the year following the current one.
Is it possible to transfer part of the unused vacation
The very division of the general period of labor rest is not prohibited by law. However, introduced additional terms, which do not allow breaking the vacation period into many short periods. This is an attempt to prevent employers from manipulating employee vacations.
So, when dividing the main annual leave, one of its lump-sum parts cannot be less than 14 days. The division is made with the consent of employees, in the process of scheduling vacations. As a rule, the vacation is divided into two equal parts, which are immediately reflected in the schedule.
Considering that the employer has the right to provide the employee with rest not only according to the schedule and after the approved period, but also in advance, the number of vacation days for each employee may vary annually.
To avoid confusion, enterprises keep strict records.
It fixes:
- work experience, giving the right to the next vacation;
- the number of days employees are entitled to leave by law;
- the number of days missed in the working year;
- the number of days left to carry over to the next year.