How to transfer part of the vacation to the next year. Rules for the transfer of leave at the initiative of the employee and the employer. Due to public holidays

In almost any organization, a situation may arise when it is necessary to postpone an employee's vacation. It is possible both on the initiative of the employee (he has the right to apply with a written request to the employer), and on the initiative of the employer (for example, when the granting of leave at the scheduled time may negatively affect the progress of work in the company). However, not all employers arrange for such a transfer of the employee's rest. Or they take a statement from the employee and do not make adjustments to any documents. Today we will tell you why you can postpone the employee's vacation, and describe the procedure for the employer.

Grounds for transferring leave

According to Art. 114 of the Labor Code of the Russian Federation, employees are provided with annual leaves with preservation of their place of work (position) and average earnings. In this case, the duration of the main annual 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 conditions labor, irregular working hours, etc.). The duration of annual basic and additional paid vacations of employees is calculated in calendar days and is not limited by 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 should be provided to the employee annually. At the same time, leave for the second and subsequent years of work can be provided at any time of the working year in accordance with the sequence of granting annual paid leaves established by the given employer. By virtue of Art. 123 of the Labor Code of the Russian Federation, this sequence 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 no later than two weeks before the onset of the calendar year.

Note. The vacation schedule is compulsory for both the employer and the employee.

The employee must be notified of the start time of the vacation against signature no later than two weeks before its start. If the employer did not fulfill this obligation and did not warn in time 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).

The employer should act in a similar way if the employee has not been paid for the annual leave in a timely manner. Let us recall that by virtue of Art. 136 of the Labor Code of the Russian Federation, vacation is paid no later than three days before its start.

Pay attention to one nuance: the vacation is postponed only if the employee receives a written application from the employee, that is, you do not need to independently contact the employee with information about the postponement of vacation for the above reasons.

But if during the vacation an employee fell ill (and he has a certificate of temporary incapacity for work), performed public duties, if for this labor legislation exemption from work is provided for (state duties include, in particular, participation in a court session as a juror, witness, expert, translator, sending to military training, summoning for interrogation to the inquiry or investigation authorities, 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 submit an appropriate application (part 1 of article 124 of the Labor Code of the Russian Federation).

Let's give an example of such an employee's statement.

Director of Flowers LLC

P.O. Gorshkov

Statement.

I was granted annual paid leave from February 10 to 28, 2014, but for 4 (four) days of this leave (from February 18 to February 21, 2014) I was ill, which is confirmed by a certificate of temporary disability issued by the City Polyclinic No. 37.

Considering the above, on the basis of par. 2 h. 1 tbsp. 124 of the Labor Code of the Russian Federation, I ask you to postpone 4 (four) days of vacation to another period, namely from June 16 to June 19, 2014.

Appendix: certificate of temporary incapacity for work dated 02/18/2014.

03.03.2014, Sharkov

Vacation will also have to be postponed when appropriate grounds are established for this in local or other regulatory acts. So, if the rules of the internal work schedule the illness of a family member is provided as a basis for the extension or postponement of annual paid leave, the employer, when an employee presents a certificate of incapacity for work to care for, for example, a child must postpone or extend his leave (Rostrud Letter dated 01.06.2012 N PG / 4629-6-1) ...

Note! In exceptional cases, when the granting of leave to the employee in the current working year may adversely affect the normal course of work of the organization, or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it was granted.

In any case, it is prohibited to fail to provide annual paid leave for two consecutive years.

As it was said in the preamble, the reasons for the postponement of leave may arise not only from the employer: the employee may ask for this in the application (for example, for family reasons).

Director of Flowers LLC

P.O. Gorshkov

From correspondent L.N.Sharkov

Statement.

In accordance with the vacation schedule for 2014, annual paid leave should be granted to me from March 17 for 28 calendar days.

Based on par. 4 h. 1 tbsp. 124 of the Labor Code of the Russian Federation, please change the start date of the vacation and provide it from April 28 to 28 calendar days.

03.03.2014, Sharkov

We draw up documents for the transfer of vacation

So, as soon as one of the above circumstances appears, which is documented (an employee's statement about the transfer of leave, a certificate of incapacity for work, an employer's notice of the transfer of leave, certificates, etc.), an order is issued in free form. Let's give an example.

Society with limited liability "Flowers"

G. Saransk

March 6, 2014

Order

on the transfer of annual paid leave

Due to the fact that during the annual paid vacation (from 02/10/2014 to 02/28/2014) the correspondent Leonid Nikolaevich Sharkov was temporarily disabled for four calendar days (from 02/18/2014 to 02/21/2014) (temporary disability certificate from 18.02. 2014, series BB N 12345678), guided by Article 124 of the Labor Code and on the basis of L.N.Sharkov's statement dated 03.03.2014

I order:

1. To transfer four calendar days of L. N. Sharkov's vacation to the period from June 16 to June 19, 2014.

2. Accounting departments to recalculate vacation pay.

3. The head of the personnel department to make changes to the vacation schedule.

Director

Gorshkov

P.O. Gorshkov

I have read the order:

Sharkov, 03/06/2014

If an order has already been issued to grant the employee a 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 leave 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, the drafting of the act and the inscription on the order are not provided for by law for such cases, however, we still recommend that you do this to confirm the refusal in the event of a dispute (for example, about the date of postponement of vacation).

Now you need to make changes to the vacation schedule, timesheet and, possibly, to a personal card. The last document is amended if the entry on the granting of annual leave has already been made in it and the dates of the leave are changed due to the transfer. To correct a vacation record, in sect. VIII "Vacation" after the record of the vacation that is being carried over, it is necessary to indicate how many vacation days have been used, and also that the rest of the vacation has been carried over. As a basis for making such an entry, it is necessary to reflect the details of the order to transfer the vacation.

With regard to making 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. Columns 8 "Basis (document)" and 9 "Date of the proposed vacation" are provided specifically for fixing the transfer of vacation in the schedule: it is in them that the details of the order to transfer the vacation and a new rest period agreed with the employee are indicated.

Column 10 "Note" of the vacation schedule can also be filled in by a personnel worker when the vacation is postponed. For example, you can enter in it the reasons for the postponement of the employee's rest (for example, "Vacation was postponed due to delayed vacation pay"). However, since the vacation schedule is almost always checked by the State Inspectorate's inspectors during 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 leave to an employee. So, if there are reasons for the postponement of leave, both on the part of the employer (late payment of the leave, failure to notify the employee about the leave 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 is drawn up to postpone the vacation. On the basis of such an order, the vacation schedule, personal card and timesheet are adjusted.

The right to annual leave is granted to every working citizen by law. Fulfilling the prescribed rules of labor law, employers plan the time of rest for employees, determine the sequence, draw up schedules.

However, it is not always possible to walk the set days on time. Changes 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.

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In order to properly and legally dispose of unused vacation, you should know what to do if you have not been able 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 inspection, and the employee - to take advantage of additional days of rest or receive compensation for them.

Labor Code provisions

The procedure for granting vacations in 2020 is regulated by Chapter 19 of the Labor Code of the Russian Federation. According to it, the employer is obliged to leave each of the employees on vacation for at least 28 days annually. Besides the main Labor Code secures the right of certain categories of citizens to additional vacation.

The need to allocate additional paid vacation time is based on several criteria:

Working conditions	The employer is obliged to provide additional leave when: work is associated with hazardous production or has a special character; execution job responsibilities occurs in hazardous conditions; the employee's working day is irregular; the enterprise operates in regions that are allocated to special zones, for example, in the Far North. Depending on the circumstances, the main leave of employees may be extended by three or more days.
Employee categories	Except for those who receive extended paid leave based on certain working conditions, extra time for rest should be provided: women during the specified period of pregnancy (Article 255); childcare (Article 256); employees undergoing training in full-time or part-time form (Article 173). By agreement with the employer, an employee in urgent need can take advantage of unpaid additional leave.
Documentary grounds	The grounds for vacation are: labor legislation; the terms of the collective agreement; conditions ; local regulatory documents.

Employer's decisions to grant additional paid leave, in addition to statutory periods, should take into account the views of employees. Therefore, they are accepted by agreement with the trade union.

Legislation allows for separation total 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-part-time days, or get paid for them.

According to Article 124, the transfer of the rest period is possible if:

• the employee and employer agree to the transfer;
• there are good reasons 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 vacations for two years in a row. Also, you can not deprive the employee of rest against his will. For such violations of the law, penalties are provided for the management of the enterprise.

What types of recreation can be transferred

The possibility of changing the timing applies only to those types of recreation that are a social guarantee provided by the state through the hands of the employer.

These include paid rest periods provided as:

• basic annual leave;
• additional leave;

The employee and the employer can independently dispose of only the main and additional leaves. With regard to the transfer of educational, maternity and parental leave, documented grounds are required to change the period.

For educational periods - documents from educational institutions.

The basis for the provision of the decree is. The legislation protects women during periods of pregnancy, childbirth and childcare.

The employer is not entitled to:

• revoke the employee from the decree;
• replace this type of vacation with monetary compensation;
• is obliged to provide parental leave to one of the family members in which the baby was born, as well as to keep this employee's position and salary.

A woman has the right to refuse maternity leave and parental leave, but in this case, she will not be paid “sick leave” and benefits. Leave for caring for an infant up to three years of age is guaranteed for both the mother and other close relatives of the child. It is important that the employer is obliged to provide paid time on this basis only to one family member who actually takes care of the child.

During these three years, the employee can interrupt and issue this type of leave several times, as well as carry out work on the terms agreed with the employer without losing benefits.

Common options are:

• performing work duties at home;
• part-time work;
• shortened working week.

You cannot transfer the unused part of the decree and parental leave. Also, the transfer option does not apply to exemptions from work that are granted to employees without pay.

In order to exercise the right to transfer unchecked leave, both the employee and the employer need to have a good reason for this and correctly draw up the documents.

As requested by the management

The legal basis for skipping scheduled rest periods is defined by law.

You can postpone the rest at the request of the management:

• for no more than one year;
• only with the consent of the employee;
• if at the time of the scheduled rest of the employee, the presence of the latter at the workplace is necessary.

The reason why an employee's annual leave may 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 the further work of the enterprise.

Handling a transfer initiated by management consists of:

• written notification to the employee, which describes the reasons for the change in terms;
• obtaining the consent of the employee;
• issuing a transfer order;
• making changes to accounting documents.

It is important to take into account that if the time shift is carried out at the request of the management, then during the next working year the employee has the right to choose any time for annual rest that is convenient for him.

At the request of the employee

The transfer of rest on 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 for another time, if the employee makes a similar request.

It's necessary:

If the rest period coincided with the employee's illness	The basis for the transfer in this case is a certificate of incapacity for work.
The employee has been recalled to perform duties related to state necessity	The manager is obliged to postpone the terms if during the labor leave the employee: draft age summoned for military registration; soldier, and called up for military training; summoned to law enforcement agencies to testify; summoned to the courts as a participant in the trial or on a jury. The basis will be a document provided by government agencies.
Employee's rights were violated when granting leave	A violation is a warning to an employee about the start of work rest in less than two weeks, as well as late 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 rest.

In the event of the above circumstances, the employee must draw up an application for the postponement of vacation, indicating in it good reason, which allows you to change the vacation schedule approved by the company.

The procedure for registration of the transfer of vacation for the next year

Correct vacation planning and timely notification of employees are important components labor discipline... You should be especially careful with the data on the postponement, since if the accounting is incorrect, some of the employees' vacation days may remain unrealized for more than two years. If the labor inspectorate discovers such a violation during the inspection, the company may face a substantial 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 by him of the free part of the leave left over from last year.

Sample application

An employee who decides to postpone the terms of work rest should write a statement. A 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 allow you to standardize the accounting of applications.

The form must be in three parts:

"Cap"	The first part includes the details of the applicant and his addressee. It indicates: name of company; the person to whom the application is sent (his name and position); details of the employee (full name and position). The name of the document is indicated in the center of the sheet with a capital letter. It can be "Application" or "Application for the transfer of vacation to the next year."
Main content	In the text of the application, you must indicate: the period allotted for annual rest in the enterprise's schedule; the period for which the postponement is planned; the reason for the transfer. If the schedule changes are made for personal reasons of the employee, the wording “for personal / family reasons” is sufficient. If there are special circumstances that force the employee to ask for the postponement of the rest, one should not only describe them, but also indicate in the application a list of supporting documents. All listed papers should be attached to the application.
Signatures	In the last part of the application, the employee affixes his signature with a decryption, puts the date of the document. Here it is necessary to provide lines for marking the acceptance of the application by the personnel of the personnel department, as well as a place for the manager's visa. The latter should 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 a standard sample of the application for the transfer of leave. If there are many employees at the enterprise, this will save the time of personnel specialists for drawing up a document.

If the time shift is not carried out on 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 postpone the vacation to the next year.

Order

When drawing up an order, one should rely either on the circumstances that have arisen in the enterprise, or on the employee's statement.

The order is drawn up with any changes to the approved vacation schedule, regardless of whether the transfer is made to the next working year, to the next month or unused vacation shifts by several days.

It is important to note that when the terms of work rest are changed 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 the change in the employee's vacation period;
• a link to the application, if any;
• new term;
• the requirement for accounting for the recalculation of vacation pay;
• requirement for HR specialists to amend the accounting documents of the enterprise;
• the signature of the head who authorized the transfer;
• the line in which the employee affixes his signature when reading the text of the order.

On the basis of the order, it is necessary to make notes in the register of personnel vacations, to make changes to the schedule in the form T-7. Changes are also reflected in the timesheet.

Only after the signing of this document by the employee and the employer is the transfer considered complete. If there is no written order, then for the employee, the absence of working days can be considered absenteeism.

Is it possible to compensate if it was not possible to walk

The legislation stipulates the possibility of vacation compensation in cash... However, in this part, the code imposes significant restrictions.

Based on the postulate that every employee should have 28 days of rest annually, the law does not provide an opportunity to replace them with money in the current year.

You can only compensate for the period of work rest that exceeds 28 days:

• extra days for extended vacation;
• days resulting from the transfer of vacation from the previous working year;
• as well as any number of unused days at the time of termination.

It turns out that the employee's right to 28 legal vacation days can be exercised in kind once every two years, and the rest of the days can be compensated, but only in the year following the current one.

Is it possible to transfer part of the unused rest

The very division of the general period of work rest is not legally prohibited. However, additional conditions have been introduced that do not allow dividing the vacation period into many short intervals. This is an attempt to prevent employers from manipulating employee vacations.

So, when the main annual leave is divided, one of its one-time part cannot be less than 14 days. The division is made with the consent of employees, in the process of scheduling vacations. As a rule, 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, the enterprises keep strict records.

It records:

• work experience, giving the right to the next vacation;
• the number of days given to employees as leave by law;
• the number of days missed in a working year;
• the number of days left to carry over to the next year.

It is said that every employee is entitled to annual paid leave. The total duration of such a vacation, by general rules, 28 calendar days. Is it possible to postpone vacation to the next year if this working year did not work out for some reason?

In Art. 124 of the Labor Code of the Russian Federation lists the grounds on which the employee's annual leave can be postponed. It:

• sickness of an employee while on vacation. In this case, the vacation is extended. If the employee wishes, he can not use the rest now. He can use it at any other time, including the next year;
• during vacation, the employee performed job responsibilities;
• if the employee was not paid the vacation compensation on time;
• if the employee was not properly notified 2 weeks before the start of the vacation;
• if the departure of an employee on vacation may adversely affect the current production state of the enterprise.

The transferred leave must be used within 12 months after the end of the working year in which it is due. It is prohibited to postpone the vacation for more than 2 years.

In addition, it is prohibited to transfer vacation to the following categories of employees:

• minors;
• workers who work in harmful and dangerous working conditions.

Before postponing an employee's vacation, the employer must obtain a written agreement from him. Then the employee writes a statement. It should contain the following information:

1. "Hat" in the upper right corner. Here you need to specify:
   • the full name of the employer with an indication of its organizational and legal form;
   • Name and position of the head from the employer who is authorized to sign such statements;
   • Name and position of the applicant. For large enterprises it will be relevant to indicate the structural unit.
2. The word "Statement". It is written in the middle of the sheet;
3. "Body" of the statement:
   • request to postpone vacation. It is necessary to indicate the duration of the transferred leave, as well as the period for which it must be submitted;
   • the reason why the employee asks to postpone the vacation;
   • the period during which the employee plans to use this vacation. If it is not known exactly when the employee will be able to exercise this right, then it is possible not to indicate it.
4. Date of preparation of the application;
5. Applicant's signature and transcript.

If the enterprise is large, then the statement must be endorsed by the head of the structural unit.

Based on the application, the employer issues an order. Then changes are made to the vacation schedule. But here you will need to specify exactly to what period the vacation is postponed. Therefore, it is better to reach an agreement with the employer in advance.

Is the vacation carried over to the next year if the employee cannot take it off this working year? Yes! But only for no more than 12 months from the date of the beginning of the new working year and only if there are good reasons and with the written consent of the employee himself.

It is possible to reschedule a vacation for another time, but not for all employees. The transfer can be initiated by the employer or the employee himself.

We will tell you what changes have occurred in the Labor Code of the Russian Federation, when and to whom the vacation can be transferred, and we will also determine which documentation to confirm the transfer, and how to correctly draw up it.

All the reasons for the postponement of vacation at the initiative of the employee or management - who will not be postponed?

In accordance with Article 124 of the FCC, the following grounds are provided for postponing the vacation period:

1. Availability of a certificate of incapacity for work... Its employee can issue due to illness. While on sick leave, an employee can move the vacation time to another time or use part of it, and move the rest of the period.
2. An urgent call to work and an unfavorable production state of the company. An employee who is on vacation can come to work in exceptional cases and perform his official duties. This can happen, for example, if the company has no one to replace it, or a tax or audit is expected. In such circumstances, the employee may require the employer to postpone part of the vacation time.
3. Business trip. If there is no one to replace the specialist, the employer has the right to call him to work and send him on a business trip. Of course, the trip must be documented in order to transfer the vacation or part of it to another time.
4. Failure to comply with notice deadlines. Before an employee is sent on vacation, he must be notified of this - no later than 2 weeks. If he was informed about this earlier, for example, a week in advance, he may ask to postpone the vacation.
5. Execution of state duties. Civil servants who are on vacation and working during it can postpone their vacation time to another period.
6. Violation of the procedure for payment of compensation... If the employee has not received compensation for the due leave in time, he can arrange for its transfer and refuse compensation.
7. Other circumstances that may cause irreparable harm to the company... An employee can be called to work, but - with his consent.

The employee always has the right to refuse to postpone or urgently return to work, if there is no compelling reason.

What kind of vacation is allowed?

Russian legislation allows the transfer of vacation and approves several types.

Consider which vacation can be rescheduled:

1. Annual. It can be primary and secondary. Anyone can be transferred.
2. Training.
3. Maternity.
4. For child care.

The law provides for some categories of persons to whom vacation can be transferred. The employer cannot deny them this right.

Let's list who gets into the list of lucky exceptions:

1. Part-time workers. Only if the leave from the main job will coincide in time with the leave for part-time employment (Article 286 of the Labor Code of the Russian Federation).
2. Minors. You can not only postpone, but also extend the vacation by 31 days.
3. Women going on maternity leave or on parental leave.
4. Men whose spouses are on maternity leave (Article 123 of the Labor Code of the Russian Federation).
5. Employees who took care of children under the age of 3 months (Article 122 of the Labor Code of the Russian Federation).
6. Military spouses. They can go on vacation at a time when a military vacation is provided.
7. Disabled people and war veterans.
8. Chernobyl victims.
9. Persons who work in enterprises with harmful or hazardous working conditions.

The employer may refuse to transfer other employees.

Dates and terms of vacation transfer - how many times per year is it allowed to transfer an employee's vacation?

Let us note several important nuances regarding the dates and timing of the transfer of vacation.

1. Number of hyphens

The Labor Code of the Russian Federation does not establish how many times a year an employee or employer can transfer vacation. Thus, it turns out that vacation can be transferred per year repeatedly.

Example:

In the company "Romashka" citizen Portnova should go on vacation from March 1 to March 28. It turned out that in the period until March 9, she was on sick leave. When she left for work on March 10, she wrote a personal statement and asked to postpone her vacation. She did not indicate the term.

The accountant suggested that Portnova go on vacation from June 1 to June 28. This period suited her. She was on vacation when her employer sent her on an urgent business trip on June 11. Portnova agreed, but wrote an application to postpone part of the remaining vacation.

2. Transfer period

Let's note one more nuance. Vacation cannot be carried over to next year... It must be used within 12 months.

For example, if an employee is to go on vacation from April 2018, then he must definitely take a rest time between April 2018 and April 2019.

3. Transfer time

Vacation can be rescheduled certain period - but not more than 2 years. The employee has every right to choose the time when he needs to go on vacation.

How a vacation is issued at the initiative of an employee - stages of the procedure

The procedure for registering a transfer at the initiative of an employee is divided into several stages.

Let's consider how the vacation is arranged:

Stage 1. Making a personal statement

The employee must submit a written request to the secretary - or directly to the employer. The document should indicate the reason for the postponement, terms.

It is better to discuss the transfer period in advance with the authorities, agree, and then include it in the application.

The appeal can be made in any form... The main thing is that the request and the reasons for the transfer are indicated.

Example:

Stage 2. Approval of the Order

Example, if the entire vacation is transferred:

Example, if part of the vacation is transferred:

The order must be signed by the head of the company and the head of the department.

Stage 3. Making changes to personnel papers

A HR specialist, accountant or company manager must make changes to HR documentation.

The innovations must be recorded in the vacation schedule according to the T-7 form. The basis for the transfer is prescribed - this is the Order, its number and date of signing, as well as the date of future leave.

The timesheet is also changing.

An example of the changes made:

Stage 4. Acquaintance with the Order

The employer must familiarize the employee with the transfer on receipt.

It is better that in the Order itself, at the end, it was written that the employee had read the document and had his signature.

The procedure for familiarizing / notifying the employee with the order, responsibility for unauthorized postponement of the vacation date

As you understand, familiarization with the Transfer Order necessarily... If there is no agreement, the transfer of vacation will become impossible - that is, the new vacation will be considered invalid, and the old period will last for the specified period.

The employee can be held liable for violation of labor discipline.

For example, for long absence at the workplace, more than 4 hours.

There can be many reasons:

1. The employee went on vacation without approval.
2. The citizen did not go to work after sick leave and did not provide a certificate of incapacity for work.
3. The employee arbitrarily divided the vacation into parts and decided to postpone the days of rest to another time.

The time when the employee is absent will be considered truancy... For him, a specialist can be fired, or made a reprimand or reprimand (Article 192 of the Labor Code of the Russian Federation, Article 81 of the Labor Code of the Russian Federation).

But if a citizen went to work on vacation, then he will not be paid for his work. Of course, if he has not agreed this moment with the management... Typically, an employee is notified to return to work.

What to do if you violated the employee's rights when postponing vacation?

Many workers have this question. We will answer what you need to do if the rights to postpone the vacation were violated, and the employer refused:

Step 1. Negotiations with superiors

Try talking to your boss and figuring out why you can't reschedule your vacation.

If there are real reasons, ask to eliminate them.

Please note that the employee is entitled to go on vacation on schedule if he was denied a transfer, and receive the due compensation.

Step 2. Obtaining written management waiver

You must respond in writing if you sent your application in writing.

Step 3. Sending a complaint to the State Labor Inspectorate

There is a branch in almost every city in Russia.

Find out where the labor inspectorate is located and write a written complaint statement. Submit it along with a copy of your supervisor's waiver.

Step 4. Sending a complaint to the Prosecutor's Office

Also attach a written refusal from the authorities to the application.

If the labor inspectorate delays with the question, you can send a complaint to the Prosecutor's Office without waiting for an answer.

Nuances of calculating and paying vacation pay when transferring vacation or part of it

Vacation pay is calculated based on the employee's average earnings.

When calculating and paying out compensation, the following nuances are taken into account:

1. The worker can get compensation first and then go on vacation.
2. The employee must receive compensation 3 days before going on vacation.
3. The specialist can return the funds voluntarily.
4. Refunds can be recorded in the Order.
5. Average earnings are “taken” per year.
6. If there was no earnings, then the previous period is taken into account. This could be if the employee was on parental leave under 3 years of age.
7. A citizen can go to work during vacation, ask for a postponement of the days worked, but will not return compensation. This is his right.

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Having considered the issue, we came to the following conclusion:

The next paid leave of 28 days, not used by the employee in the corresponding working year, cannot be replaced by monetary compensation and must be granted to the employee no later than 12 months after the end of the specified year.

Rationale for the conclusion:

In accordance with part one of Art. 122 of the Labor Code of the Russian Federation, paid leave should be provided to the employee annually. Note that vacation is granted not for a calendar year, but for a working year (Article 122, part three of Article 124 of the Labor Code of the Russian Federation).

Leave can be provided at any time of the working year (part four of article 122 of the Labor Code of the Russian Federation).

Unused leave is transferred to the next year and must be used no later than 12 months after the end of the working year for which it is granted (part three of article 124 of the Labor Code of the Russian Federation). Failure to provide annual paid leave for two consecutive years is prohibited (part four of article 124 of the Labor Code of the Russian Federation).

Thus, if the employee did not use his right to leave of 28 days in the current working year, the said leave cannot be replaced with monetary compensation, but must be granted to the employee and used by him no later than 12 months after the end of the working year for which he is granted. ...

The only exception when, with the duration of the annual leave equal to 28 calendar days, monetary compensation can be paid for it, is the case of an employee's dismissal. Then all unused vacations are compensated (part one of article 127 of the Labor Code of the Russian Federation).

Since in the situation under consideration labor Relations with the employee continue, replacing with monetary compensation for leave that was not used in the last working year is not allowed (with a vacation duration of 28 calendar days).

The issuance of monetary compensation to such employees instead of providing 28 days of vacation is a violation of labor legislation, for which the employer may be held administratively liable under Art. 5.27 of the Administrative Code of the Russian Federation.

Expert of the Legal Consulting Service GARANT

Response quality control:

Reviewer of the Legal Consulting Service GARANT

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

Annual paid rest is an inalienable right of every employee. However, it happens that it is not possible to take full advantage of it. Often, employees are forced to postpone their legal leave to a later date or split them into several parts. We will figure out how to act correctly in each of these situations, what documents should be drawn up transfer of vacation to the next year, and what should be done to comply with the norms of domestic legislation.

When can I change my vacation date?

Annual rest is guaranteed to all employees, regardless of the type and organizational-legal form of the company where they work. Such a norm is enshrined in the provisions of Art. 114 of the Labor Code of the Russian Federation. Also see “Procedure for Granting Annual Paid Leave”.

The sequence in which the firm's personnel will be absent from work is, in practice, fixed with a special vacation schedule. According to the rules, it is drawn up 14 days before the onset of the new calendar year and approved on behalf of the head. From this point on, the schedule becomes mandatory for the organization's personnel.

It is clear that it is impossible to perfectly plan the future rest of all employees of the company. For example, in large organizations there is a constant rotation of personnel, and in small firms, illness or dismissal of one of the employees can jeopardize compliance with the schedule as a whole. Also see Vacation Schedule.

So that the guaranteed rest does not disappear and lasts for the time established by law for employees of this category, for example vacation transfer... The reasons for changing the start date of the rest may be:

• by necessity;
• illness or injury confirmed by a certificate of incapacity for work;
• fulfillment of public duties;
• late payment of vacation;
• notifying the employee about the start of rest after two weeks or the lack of appropriate notification;
• other cases provided for by Russian law.

A special document will help to notify the employer about the change in the start date of the holiday - application for the postponement of vacation for the next year... It must be written by every employee who is not able to leave to rest in the planned period of time.

How to arrange correctly

The document fixing this fact has no legislative established sample... If the company has developed the appropriate templates, then they use them to write a transfer application. If local regulation the form of this document has not been established, it is drawn up in accordance with the rules of business turnover.

The requesting part of the statement is usually transformed depending on whose initiative the employee's rest time is adjusted.

At the request of the authorities

Most often, the date of retirement is shifted at the initiative of the organization. To correctly arrange transfer of vacation due to production needs, the consent of the employee must be obtained. To do this, you need to notify him in writing about the reasons for changing the rest time.

Please note that in this situation, the legislators protected the interests of the employee with the relevant provision of Art. 124 of the Labor Code of the Russian Federation. If the vacation moves on the initiative of the organization, the employee has the right to use the transferred vacation days at any time convenient for him within 1 year.

Employee's request

An employee of the organization may also be interested in moving the date of the start of the rest. In this case transfer of vacation at the request of the employee occurs on the basis of a statement written by him in the name of the head.

• start and end dates of the vacation in accordance with the schedule;
• good reason for the transfer;
• a link to a supporting document (if any) or a reasoned explanation of the reasons prompting the employee to ask for a shift in the start date of the rest;
• the period of time by which it is planned to shift the vacation.

If the reasons for the transfer are the reasons provided for by the law, supporting documents or their copies should be attached to the application. This can be a sick leave, a certificate of the performance of state duties, and more.

The employer usually agrees to change the timing of the vacation for personal reasons, if this does not entail negative consequences for the company as a whole. Otherwise, the employee will go on vacation according to the approved schedule.

Why some will be able to rest only next year

Often, company employees have doubts: is it possible to postpone vacation to next year? For objective reasons, such a situation is quite possible. Moreover, it is permissible to change the rest period both at the request of the employer and at the initiative of the staff. In both cases, good reasons are needed for doing so.

If you have not faced such a situation in practice and are in doubt, whether the vacation is carried over to the next year, look at part 3 of Art. 124 of the Labor Code of the Russian Federation. It directly states: if the employee has not been able to use the days of rest due to him in the current year, they can be provided to him within 12 months after the end of the corresponding working year.

Considerthat it is prohibited to refuse to grant annual leave for two consecutive years.

Application Template

In order to simplify the workflow, as well as to exclude the receipt of incorrect documents in the personnel department of the organization, it is recommended to develop and approve an application form for changing the start date of the vacation. By filling it out, employees will spend much less time and will not make mistakes.

In large organizations, in addition to the form, it is advisable to draw up a sample of filling out the corresponding application. In this case, company employees will be able to write a request for a shift in rest at a later date without the help of a HR specialist.

Please note that any application for the transfer of leave must meet the following requirements:

• The head of the document indicates the position, surname and initials of the manager, as well as the position, surname and initials of the employee making the request.
• In the substantive part, a request for a postponement is formulated, indicating the dates of the planned and anticipated vacation period, and also describes the reason for the need to adjust the rest time.
• At the end of the document, the date of its compilation is put. What is written is certified by the employee's handwritten signature.

Is the postponement of vacation for the next year considered a violation?

Will there be a violation to postpone vacation to the next year at the request of the employee? If possible, the law, articles, etc. Thanks a lot in advance.

Lawyers Answers (3)

Your situation is not entirely clear.

So far, I can only give you an article of the Labor Code of the Russian Federation:

Article 124. Extension or transfer of annual paid leave
Annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:
temporary disability of an employee;
fulfillment by the employee during the annual paid leave of public duties, if for this purpose the labor legislation provides for exemption from work;
in other cases provided for by labor legislation, local regulations.
If the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned of the start time of this vacation later than two weeks before its start, then the employer, upon the employee's written application, is obliged to postpone the annual paid vacation for another period agreed with the employee.
In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the employee's consent, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.
Failure to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions is prohibited.

Clarification of the client

Until January 31st, I have to take my vacation. But I do not need this vacation in January and I ask the employer to postpone it to March. The employer does not sign the application, because, according to him, this will already be a violation - to submit it later than January 31st.

Have a question for a lawyer?

Olga, good day.

Will there be a violation to postpone vacation to the next year at the request of the employee?
Olga

No, there will be no violation, but certain conditions must be met.

art. 114 of the Labor Code of the Russian Federation.

Employees are granted annual leave with the preservation of their place of work (position) and average earnings.

art. 122 of the Labor Code of the Russian Federation.

Paid leave must be granted to the employee annually.

The right to use leave for the first year of work arises from the employee
the expiration of six months of his continuous work with the given employer.
By agreement of the parties, the employee may be granted a paid leave before the expiration of six months.

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leave established by the employer.

art. 123 of the Labor Code of the Russian Federation.

The sequence of providing paid vacations 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 no later than two weeks before the onset of the calendar year in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

The vacation schedule is compulsory for both the employer and the employee.

The employee must be notified of the start time of the vacation against signature no later than two weeks before the start.

art. 124 of the Labor Code of the Russian Federation.

Annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:

Annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:

Temporary disability of an employee;

Fulfillment of state duties by the employee during the annual paid leave, if the labor legislation provides for exemption from work for this;

—in other cases provided for by labor legislation, local regulations.
- If the employee has not been paid timely for the time of the annual
paid vacation or the employee was warned about the start time
this vacation later than two weeks before its start, the employer
upon written application of the employee, he is obliged to postpone the annual paid leave for another period agreed with the employee.

In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of an organization, an individual entrepreneur, it is allowed, with the employee's consent, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.

Is prohibited

failure to provide annual paid leave for two years
in a row, as well as not providing annual paid leave
workers under the age of eighteen and workers employed
work with harmful and (or) dangerous working conditions.

There will be no violation by the employer if you have a statement. The norms that would regulate this situation in labor law no, only those cases that I have listed above. Therefore, try to negotiate with the employer on a voluntary basis.

And the application can be sent by registered mail with notification and inventory.

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The procedure for transferring vacation to the next year

The right to annual leave is granted to every working citizen by law. Fulfilling the prescribed rules of labor law, employers plan the time of rest for employees, determine the sequence, draw up schedules.

However, it is not always possible to walk the set days on time. Changes 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.

In order to properly and legally dispose of unused vacation, you should know what to do if you have not been able 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 inspection, and the employee - to take advantage of additional days of rest or receive compensation for them.

Labor Code provisions

The procedure for granting vacations in 2018 is regulated by Chapter 19 of the Labor Code of the Russian Federation. According to it, the employer is obliged to leave each of the employees on vacation for at least 28 days annually. In addition to the main Labor Code, the right of certain categories of citizens to additional leave is established.

The need to allocate additional paid vacation time is based on several criteria:

• work is associated with hazardous production or has a special character;
• the performance of work duties takes place in dangerous conditions;
• the employee's working day is irregular;
• the enterprise operates in regions that are allocated to special zones, for example, in the Far North.

Depending on the circumstances, the main leave of employees may be extended by three or more days.

• women during the specified period of pregnancy (Article 255);
• childcare (Article 256);
• employees undergoing training in full-time or part-time form (Article 173).

By agreement with the employer, an employee in urgent need can take advantage of unpaid additional leave.

• labor legislation;
• the terms of the collective agreement;
• terms of the employment contract;
• local regulatory documents.

Employer's decisions to grant additional paid leave, in addition to statutory periods, should take into account the views of employees. Therefore, they are accepted by agreement with the trade union.

The legislation allows dividing 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 vacation, or part of it. In this case, you can supplement the next year's vacation period with non-holiday days, or receive compensation for them.

According to Article 124, the transfer of the rest period is possible if:

• the employee and employer agree to the transfer;
• there are good reasons 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 vacations for two years in a row. Also, you can not deprive the employee of rest against his will. For such violations of the law, penalties are provided for the management of the enterprise.

Application form for the transfer of leave at the initiative of the employee

What types of recreation can be carried

The possibility of changing the timing applies only to those types of recreation that are a social guarantee provided by the state through the hands of the employer.

These include paid rest periods provided as:

The employee and the employer can independently dispose of only the main and additional leaves. With regard to the transfer of educational, maternity and parental leave, documented grounds are required to change the period.

For educational periods - documents from educational institutions.

The basis for granting a decree is a sick leave. The legislation protects women during periods of pregnancy, childbirth and childcare.

The employer is not entitled to:

• revoke the employee from the decree;
• replace this type of vacation with monetary compensation;
• is obliged to provide parental leave to one of the family members in which the baby was born, as well as to keep this employee's position and salary.

A woman has the right to refuse maternity leave and parental leave, but in this case, she will not be paid “sick leave” and benefits. Leave for caring for an infant up to three years of age is guaranteed for both the mother and other close relatives of the child. It is important that the employer is obliged to provide paid time on this basis only to one family member who actually takes care of the child.

During these three years, the employee can interrupt and issue this type of leave several times, as well as carry out work on the terms agreed with the employer without losing benefits.

Common options are:

• performing work duties at home;
• part-time work;
• shortened working week.

You cannot transfer the unused part of the decree and parental leave. Also, the transfer option does not apply to exemptions from work that are granted to employees without pay.

In order to exercise the right to transfer unchecked leave, both the employee and the employer need to have a good reason for this and correctly draw up the documents.

As required by management

The legal basis for skipping scheduled rest periods is defined by law.

You can postpone the rest at the request of the management:

• for no more than one year;
• only with the consent of the employee;
• if at the time of the scheduled rest of the employee, the presence of the latter at the workplace is necessary.

The reason why an employee's annual leave may 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 the further work of the enterprise.

Read here how the certification of accountants goes.

Handling a transfer initiated by management consists of:

• written notification to the employee, which describes the reasons for the change in terms;
• obtaining the consent of the employee;
• issuing a transfer order;
• making changes to accounting documents.

It is important to take into account that if the time shift is carried out at the request of the management, then during the next working year the employee has the right to choose any time for annual rest that is convenient for him.

At the request of the employee

The transfer of rest on 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 for another time, if the employee makes a similar request.

It's necessary:

• draft age summoned for military registration;
• soldier, and called up for military training;
• summoned to law enforcement agencies to testify;
• summoned to the courts as a participant in the trial or on a jury.

The basis will be a document provided by government agencies.

In the event of the above circumstances, the employee must draw up an application for the postponement of the vacation, indicating in it a good reason allowing to change the vacation schedule approved by the company.

The procedure for registration of the transfer of vacation for the next year

Correct vacation planning and timely notification of employees are important components of work discipline. You should be especially careful with the data on the postponement, since if the accounting is incorrect, some of the vacation days of employees may remain unrealized for more than two years. If the labor inspectorate discovers such a violation during the inspection, the company could face a substantial 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 by him of the free part of the leave left over from last year.

Sample application for the transfer of vacation

Sample application

An employee who decides to postpone the terms of work rest should write a statement. This document does not have a special unified form for contacting the personnel service. The law gives enterprises the opportunity to develop their own form for such requests from employees. This will greatly simplify the workflow and allow you to standardize the accounting of applications.

The form must be in three parts:

It indicates:

• name of company;
• the person to whom the application is sent (his name and position);
• details of the employee (full name and position).

The name of the document is indicated in the center of the sheet with a capital letter. It can be "Application" or "Application for the transfer of vacation to the next year."

• the period allotted for annual rest in the enterprise's schedule;
• the period for which the postponement is planned;
• the reason for the transfer.

If the schedule changes are made for personal reasons of the employee, the wording “for personal / family reasons” is sufficient. If there are special circumstances that force the employee to ask for the postponement of the rest, one should not only describe them, but also indicate in the application a list of supporting documents. All listed papers should be attached to the application.

To facilitate the work of the personnel department, in addition to the form, it is recommended to draw up a standard sample of the application for the transfer of leave. If there are a lot of employees in the company, this will save the time of personnel specialists for drawing up a document.

If the time shift is not carried out on 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 postpone the vacation to the next year.

When drawing up an order, one should rely either on the circumstances that have arisen in the enterprise, or on the employee's statement.

The order is drawn up with any changes 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 the terms of work rest are changed 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 the change in the employee's vacation period;
• a link to the application, if any;
• new term;
• the requirement for accounting for the recalculation of vacation pay;
• requirement for HR specialists to amend the accounting documents of the enterprise;
• the signature of the head who authorized the transfer;
• the line in which the employee affixes his signature when reading the text of the order.

On the basis of the order, it is necessary to make notes in the register of personnel vacations, to make changes to the schedule in the form T-7. Changes are also reflected in the timesheet.

Only after the signing of this document by the employee and the employer is the transfer considered complete. If there is no written order, then for the employee, the absence of working days can be considered absenteeism.

Is it possible to compensate if it was not possible to walk

The legislation stipulates the possibility of compensation for vacation in cash. However, in this part, the code imposes significant restrictions.

Based on the postulate that every employee should have 28 days of rest annually, the law does not provide an opportunity to replace them with money in the current year.

You can only compensate for the period of work rest that exceeds 28 days:

• extra days for extended vacation;
• days resulting from the transfer of vacation from the previous working year;
• as well as any number of unused days at the time of termination.

It turns out that the employee's right to 28 legal vacation days can be exercised in kind once every two years, and the rest of the days can be compensated, but only in the year following the current one.

Is it possible to transfer part of the unused rest

The very division of the general period of work rest is not legally prohibited. However, additional conditions have been introduced that do not allow dividing the vacation period into many short intervals. This is an attempt to prevent employers from manipulating employee vacations.

So, when the main annual leave is divided, one of its one-time part cannot be less than 14 days. The division is made with the consent of employees, in the process of scheduling vacations. As a rule, 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, the enterprises keep strict records.

It records:

• work experience, giving the right to the next vacation;
• the number of days given to employees as leave by law;
• the number of days missed in a working year;
• the number of days left to carry over to the next year.

The working year is not necessarily the same as the calendar year. This is due to the fact that the working year is counted from the date the employee starts working. The majority of employees receive the right to leave after six months of continuous work at the enterprise. When transferring vacation days, you should strictly follow the dates.

If an employee has a reserve left from vacation in the current year, then it should be automatically added to the next year's vacation. This is how unused days are spent first. This system prevents the accumulation of vacation days longer than two years and prevents violations of labor laws.

A partial transfer of vacation to the next year is also permissible, as well as a full one. The transfer of part of the work rest at the initiative of the employee or his management in 2018 is carried out according to the same rules as the shift in the terms of the whole vacation.

How the archive is compiled work books - read here.

Registration rules sick leave for work injury are described here.

How to postpone vacation to next year

Every year, an employee has the right to take another paid vacation. The procedure for granting leave is strictly regulated by labor legislation, and the employer is obliged to strictly comply with the norms of the law regarding planning, coordination of priorities, and scheduling. Sometimes circumstances arise that prevent the use of the right to leave, both on the part of the administration of the enterprise and on the initiative of the employee.

Legislative provisions

The conditions for the provision, the nuances of registration of the employee's vacation are agreed with the provisions of Ch. 19 TC. Before talking about the possibility of transferring vacation days to a new period, it is necessary to figure out what is the permissible duration of the transferred vacation.

The main rule of the law obliges the administration to annually release employees on 28-day leave with the preservation of the workplace and pay. In some situations, additional vacation days are mandatory with the preservation of wages:

1. The employee is involved in hazardous production.
2. The types of work performed are carried out in conditions hazardous to life and health.
3. Use of irregular operating mode.
4. Work in the Far North and other special areas.

Additional days can also be received by pregnant employees (on the basis of Article 255 of the Labor Code), the need to care for a minor dependent (Article 256 of the Labor Code), full-time students (Article 173).

Documentary grounds

The transfer of vacation in 2018 must be coordinated with the following documents:

• Labor Code of the Russian Federation;
• collective agreement;
• individual labor agreement;
• internal regulations of the company.

If a trade union functions at the enterprise, all actions related to the provision or postponement of rest days are also coordinated with it. A decision on vacation can only be made with the agreement of the employee himself. The law allows partial use of billable days, provided that one of the parts is 14 days or more.

Information on the procedure for using non-cultivated days in the next period is given in Art. 124 of the Labor Code of the Russian Federation.

Is transfer possible by law?

Within the framework of the provisions of the 124th article, the law allows the postponement of the prescribed vacation days, subject to the following circumstances:

1. Mutual consent of the administration and the employee.
2. There must be a good reason, consistent with the law.
3. Job responsibilities allow for the possibility of working without rest during the year (harmful or hazardous production, minor age of the employee).

Labor law prohibits the administration from refusing to rest if the employee does not agree with the opinion of the management on this issue. The absence of vacation for two years in a row is also unacceptable. Violation of these standards can result in a serious fine for the company.

At the initiative of the employee

Sometimes the employee himself decides that it is not necessary to leave for a long period, intending to subsequently use the accumulated days at his own discretion. It is important to correctly arrange the change in vacation time in order to retain the right to rest next year.

Good reasons for postponing the vacation period include:

1. The coincidence of the rest time with a period of illness or serious injury, one hundred confirms the sick leave.
2. Lack of due payment for the next vacation no later than 3 days before leaving (Article 136).
3. the employee did not receive a notification from the administration 2 weeks before the start of the vacation;
4. Fulfillment of duties to the state related to military registration, military training, testimony in law enforcement agencies, participation in court, including jury work.
5. other situations established by the laws of the Russian Federation.

Drawing up a statement

The main document that initiates the process of obtaining a vacation or its transfer is a statement from an employee.

The application is drawn up according to the sample, taking into account certain requirements to the registration of the document. The mandatory details of the document include:

1. The document is addressed to the competent official indicating his position, surname, initials.
2. It is obligatory to indicate from whom the document comes - surname, initials, position of the employee.
3. The text of the statement itself contains a request for postponement with an exact indication from what period to what days.
4. To confirm the validity of the transfer, indicate the reason and provide a link to a document that can confirm this fact.
5. The signature and date of appeal are put at the bottom.

Attachments to the application are copies of papers confirming the grounds for the transfer.

If the interests of the enterprise do not suffer, the administration decides to satisfy the employee's request. If the postponement of the deadline can significantly violate manufacturing process or otherwise result in damages, the request will be refused.

At the initiative of the employer

The administration can also initiate a postponement, subject to the following circumstances:

• paid vacation is postponed no later than one year;
• the procedure must be agreed with the employee;
• production necessity requires the presence of a person at a certain period of time, even if it falls on vacation days.

To arrange a transfer to a later period, the administration is obliged to notify the person in advance and obtain his consent.

The notification takes place in writing, indicating the reasons why going on vacation is not possible at the previously agreed time according to the schedule.

The matching algorithm looks like this:

1. Notification of the employee in writing.
2. Coordination.
3. Issue of the corresponding internal order.
4. Change of information in the documentation for accounting of working hours.

After the administration postpones the employee's vacation period, the next year the person has the right to choose the vacation period at his own discretion, without the need to take into account the priority in the general schedule.

Compensation instead of vacation?

In some cases, non-part-time vacation can be compensated for with money, however, this procedure is limited by legislative norms.

A person is not entitled to receive compensation if the unused period has not exceeded 28 days. This rule is based on a clear statement of the law - every employee has the right to paid leave every year and can exercise this right based on the provisions of the Labor Code.

In the following situations, compensation is still possible when it comes to:

• parts of additional leave exceeding 28 days;
• days accumulated from the previous year.

Thus, during the period of work, receiving money instead of the usual regular vacation is prohibited by law. The exception is cases of dismissal, when the transfer of rest to a new period is no longer possible.

Unused leave upon dismissal

Despite the establishment of the law obliging to release employees on paid vacation, situations may arise when, at the time of dismissal, an employee has accumulated an unused right to regular vacations over several years.

Only in case of dismissal, the employee is entitled to receive a monetary compensation for the entire unused period. While the employee is on the staff, such compensation for refusing to take leave for several years is not payable.

If the employee continues to work, the unused portion can only be added to the new accumulated rest period in the next year.

If, upon dismissal, an employee is faced with a refusal to pay for the entire vacation period, the resigned must apply to labor inspection... In response to his request, a check will be scheduled. In case of revealing the fact of a person's absence of vacation for a long period, the company is brought to administrative responsibility with the payment of a fine of 50 thousand rubles and the full repayment of the unaccompanied vacation in monetary compensation.

The article was written based on the materials of the sites: www.garant.ru, buhguru.com, pravoved.ru, buhuchetpro.ru, trudovie-prava.ru.