Who can't be denied vacation? What to do if they do not give the annual basic paid leave? Sample order to postpone vacation according to the schedule

Here is an example of such a statement.

I.A. Nikolaev

from an accountant

Ivanova I.L.

Statement

Vacations: take into account in the schedule

Signature I.L. Ivanov

But the employer can refuse the employee this request. If the employer does not agree with the postponement of the vacation, the employee must use it according to the schedule.

Documentation of the procedure
Can I reschedule my vacation multiple times?

Labor code on transfer

The Labor Code provides for the transfer of vacation to the next year in those situations where it is really required and does not contradict the provisions adopted by the government.

According to the current laws and article 124 of the Labor Code of the Russian Federation, this the following factors may contribute:

untimely notice of retirement;
untimely payment for compulsory labor leave;
fulfillment of the public debt;
the need to be at work in order to avoid disruption and termination of the labor process;
summons for interrogation, military registration or participation in court hearings.

Labor Code of the Russian Federation, Article 124.

Is it possible and how to transfer vacation to the next year in accordance with the labor code of the Russian Federation: how to carry out such a transfer?

According to the current legislation, governing body has no right do not provide the employee with mandatory paid leave within 24 months contract.

Wherein also prohibited rescheduling it to a new date or replacing the vacation with monetary compensation if the employee has already agreed to this procedure over the past two years.

A new vacation date cannot be granted to those employed in the production or processing of harmful substances, as well as to persons who have not yet reached the age of majority.

It follows from everything that the transfer of vacation to the next year can only be done taking into account the articles of the Labor Code and with the consent of the employee.

Making a transfer of vacation

These circumstances include:

a warning about the need to change the vacation time less than two weeks before the start of the employee's next vacation;
payment of vacation pay to the employee, which must be provided no later than three days before the start of the rest time.

December 13, 2016transfer of the employee's vacation

This reason is allowed by paragraph 2 of part 1 of article 124 of the Labor Code of the Russian Federation.

The second case when labor rest can be extended or postponed to a new date is the fulfillment by the vacationer of duties in relation to the state, for which release from his position for required time. Sometimes the shift of labor leave can be regulated by a contract concluded upon taking office.

The organization can draw up an application for the appointment of a new vacation date due to their misconduct. A shift can be made due to a long enumeration Money, which must be credited to the employee's account no later than three days before his departure, as stated in article 136 of the Labor Code of the Russian Federation.

Also, the basis for the transfer can be late notice leave employee.

Transfer of leave at the initiative of the employee in 2018

According to the courts, the parties employment contract(the employee and the employer) have come to a mutual agreement on the start date of the vacation and on its period, which does not contradict the provisions of the current labor law and, accordingly, does not indicate a violation of the rights of the employee (see, for example, decision Supreme Court of the Udmurt Republic dated January 25, 2016 in case No. 7-8/2016, decision of the Sakhalin Regional Court dated November 10, 2015 in case No. 72-321/2015).

Labor legislation does not establish a form of notification of the start time of the vacation.

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 time set by the schedule 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.

In the event of circumstances requiring a change in the start time of the holiday, an increase in the duration of the holiday is allowed if the employer and the employee jointly determined such a decision as the most beneficial way out for both parties.

Also, vacation is transferred to another vacation or time if the employer has not fulfilled the conditions for sending employees on vacation, which include:

Notification of employees at least two weeks before the start date of the vacation.
Holiday pay no later than three days before the start date of the holiday.

If any of the conditions is not met, the employee cannot be sent on vacation.

Transferring vacation to next year

Annual paid leave cannot be replaced by any compensation payment, except in cases of dismissal of employees, nor the transfer of rest time to the next year.

Rescheduling vacation how many times an employee can reschedule

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

An appeal can be made in free form. The main thing is to indicate the request and the reasons for the transfer.

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.

The basis for changing the schedule for a particular employee must be weighty and valid, since the employer has every right to refuse to satisfy the request of an employee of the organization.

Changes to the vacation schedule may occur:

At the initiative of the employer, in which insurmountable circumstances must arise that do not allow the employee to go on vacation at the time indicated by the schedule.
Rules for transferring leave at the initiative of the employee and the employer

Most often, this is the reorganization of the enterprise, as well as the introduction of new technologies and systems in production.
At the initiative of the worker.

Vacation cannot be carried over to the next year. It must be used within 12 months.

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

3. Transfer time

Vacation can be postponed for an indefinite period, but not more than 2 years.

The employee has the full right to choose the time when he needs to go on vacation.

How leave is issued at the initiative of the employee - stages of the procedure

The procedure for processing the transfer at the initiative of the employee is divided into several stages.

Consider how a vacation is made out:

Stage 1. Making a personal statement

The employee must submit a written request to the secretary or directly to the employer.

In each case, an appropriate order is issued.

The document must contain the following information:

Name of company.
Data about the head of the enterprise.
Title of the document.
Grounds and reasons for the postponement of vacations.
Responsibility for postponing holidays.
A person who must generate an updated vacation schedule if it is not the employer.
Signatures for familiarization with the document of all participants in the order.
Date of compilation and signature of the head.

The legislation establishes that the employer has no obligation to draw up such an order, however, drawing up such a document may be convenient for further business management at the enterprise.

The employer annually at the end of the calendar year approves the vacation schedule for the next year. After its approval, the schedule becomes mandatory for both the employer and the employee. But what should an employee do if his plans change during the year and he does not want to go on vacation from the date indicated in the vacation schedule?

Indeed, in accordance with Article 123 of the Labor Code of the Russian Federation, the vacation schedule after its approval is mandatory for both the employer and the employee. This means that the parties are obliged to comply with it.

At the same time, the Labor Code of the Russian Federation does not contain a ban on postponing leave for another period at the initiative of the employee for any reason.

How to reschedule vacation?

If the employee wishes to postpone the vacation for another period (both earlier and later), he needs to write an application about this addressed to the head of the organization.

Here is an example of such a statement.

General Director of Zarya LLC

I.A. Nikolaev

from an accountant

Ivanova I.L.

Statement

I ask you to postpone the start date of the vacation scheduled for April 15, 2013 and give me a vacation on March 15, 2013 to 28 calendar days.

03/01/2013 Signature I.L. Ivanov

If the employer does not mind postponing the leave for another period, then an order is issued to postpone the leave and grant leave from the specified date.

But the employer can refuse the employee this request.

Changes in the vacation schedule (2018)

If the employer does not agree with the postponement of the vacation, the employee must use it according to the schedule.

Can the employer refuse to transfer vacation for another period to all employees?

When deciding on the possibility of transferring vacation to another date at the initiative of the employee, the employer should remember that the Labor Code of the Russian Federation and other federal laws allow certain categories of employees to use vacation at a convenient time for them. These categories of workers are listed in the article "Who has the right to use vacation at a convenient time for them?". Upon receipt of an application from such an employee, the employer must satisfy his request.

Making a transfer of vacation

If the employer against changes in terms, the law will be on his side and the employee will go to rest in accordance with schedule.

Decree on the transfer of rest to another period - sample preparation:

ORDER No. 452/1

Based on the personal statement of the advertising manager Sukhushina V.R.

I order

reschedule annual paid leave Sukhushina The.The. from May 05 to May 20, 2015 for the period from June 08 to June 24, 2015. HR manager Ilinykh G.P.

In this case, the employer should not be against the transfer. Otherwise, the employee will have to go on vacation in accordance with the schedule.

Employee Lesnoy I.A. it is necessary to reschedule the vacation, as she accompanies the child to the spa treatment.

After the submission of the application, an order is issued:

ORDER No. 328/2

About postponing vacation

According to Lesnoy AND.A.

statement

I ORDER:

To transfer the annual paid leave Lesnoy AND.A. from June 18 to July 8, 2018 to August 18 to September 8, 2018.
Make changes to the vacation schedule for a department specialist personnel service Shirokova Ya.S.

Otherwise, it is invalid.

sample order

An internal document is drawn up with a clear indication of the reasons for the transfer. It is signed by the head, lawyers and the employee himself.

After the entry into force of the order, personnel specialists make changes to the vacation schedule.

To understand the essence of the document, we attach a visual example:

You can download a form suitable for all types of enterprises below.

Leave transfer order

Where is the order registered?

Registration of a document is carried out in the manner prescribed by a particular enterprise. The entry is made in the register of internal acts.

Terms and place of storage

Orders are stored in the archive for 5 years.

InfoDirector Peremitenko V.D.

Familiarized with the order:

HR Manager Ilinykh A.P.

Lawyer Yun A.V.

Order on the transfer of vacation due to production needs.

Shelf life

Orders to postpone the leave of employees are subject to compulsory registration in the register of orders for personnel. stored 5 years.

We emphasize that we can only transfer main vacation. For additional or training this is the rule does not apply.

It is not so difficult to comply with all the formalities when processing documents.

It is more important that all parties are able to reach an agreement without conflict.

Therefore, the postponement of vacation in these cases is the responsibility of the employer:

Temporary indisposition (including trauma), confirmed by a document from a medical institution.
Fulfillment during the main vacation of state duties that exempt from work (for example, participation in court).
The situation is provided for by labor legislation (days of rest are not paid on time, the start of the vacation is not reported).
The situation is envisaged by internal labor rules organizations.

Document Requirements

The law does not approve a mandatory or exemplary form (sample) of an order to postpone a vacation. Therefore, it is drawn up in a free form, taking into account the rules of documentation. labor issues adopted or established in a particular organization.
The document must contain important information.

It includes:

heading with full title institution, city and date of compilation;
the main text describing the last name, first name, patronymic of the employee, his position and the timing of the transfer;
grounds according to a personal statement;
date and signature of the head;
column on familiarization with the order.

Download the order to postpone the vacation for another period

The document also contains requirements for other employees (accountants, personnel officers) to make changes to personnel documents and holiday schedule.

Examples

When drawing up a document, you can focus on a sample order to postpone the vacation date. The content may vary depending on the type of transfer.

Leave may be rescheduled by agreement of the parties.

The Labor Code of the Russian Federation can take a vacation for any calendar period.

According to production needs

In case of emergency at work, leave may be postponed indefinitely.

According to Art. Articles 124-125 of the Labor Code of the Russian Federation, the grounds for changing the rest time are:

performance on vacation of important tasks, providing for official exemption from the main activity;
a business trip of a production nature, where only a specific specialist can go;
obligatory presence of a person at the workplace - during an audit or activities under a strict deadline.

The wording "production necessity" is not always used in favor of the worker.

Example:

Koshkina A., a medical worker, according to the vacation schedule, purchased a ticket for a trip to a sanatorium.

I reserve control over this order.

Reasons:

1. Certificate of incapacity for work N.S. Pirogova dated April 3, 2017 No. 445577889966. 2. Notice to E.A. Shirokova dated 04/05/2017 No. 2 with her consent to the postponement of the vacation.

General Director ____________ Krasnov ____________ / V.V.

AttentionKrasnov /

I have read and agree with the order:

accountant ____________ Shirokova ____________ / E.A. Shirokova / 04/06/2017

By the way, the order to postpone the leave for family reasons is drawn up in much the same way. There is only one difference: as a documentary basis, only the statement of the employee will be indicated, in response to which the management went to meet him.

Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases:
temporary disability of an employee;
performance by the employee during the annual paid leave of state duties, if the labor legislation provides for exemption from work for this;
in other cases provided for by labor legislation, local regulations.

If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, then the employer, at the written request of the employee, 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 the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.

It is prohibited not to grant 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 employed in jobs with harmful and (or) dangerous working conditions.

Commentary on Article 124 of the Labor Code of the Russian Federation

§ 1. Addition of Part 1 of Art. 124 should be recognized as significant.

Vacation off schedule

In accordance with its new edition, annual paid leave should not only be extended, but also rescheduled for another period. Moreover, this period is determined by the employer, taking into account the wishes of the employee.

In para. 3 and 4 the words "law" and "laws" are replaced by the words "labor legislation".

Part 2 Art. 124 in new edition formulated more strictly in relation to the employer. If earlier, in the cases specified in this part, the annual paid leave was postponed for another period by agreement between the employee and the employer, now the employer, at the written request of the employee, is obliged to postpone the annual paid leave for another period. Moreover, the period for which the vacation is postponed must be agreed with the employee.

In the new edition, Part 3, Art. 124 fully applies not only to organizations, but also to individual entrepreneurs.

§ 2. In part 1 of Art. 124 indicates the periods that are excluded from the time of the actual implementation of the vacation, if they fall on the time of the annual paid vacation granted to the employee.

In this regard, the vacation should be extended by an appropriate period of time.

§ 3. Extension of leave is provided for in cases of temporary incapacity for work of an employee. The time spent caring for a sick child or other family members is not grounds for extending the annual paid leave.

§ 4. The Code (see Part 1, Article 170) provides for the retention of the place of work (position) for the duration of the employee's performance of public duties. Such duties include, for example, the performance of the duties of a member of the election commission, the passage of military training.

If the time of performance of state duties coincides with the time of the annual paid leave, then the leave is extended by the corresponding number of days.

§ 5. The Code (see Art. 173 - 177) provides as one of the guarantees provided to employees who combine work with training additional holidays to prepare for admission to educational institutions, passing tests and exams, preparing a graduation project. These holidays, according to their intended purpose, are called in practice educational.

If the time of the study leave coincides with the time of using the annual paid leave, the latter is transferred to another time, determined by agreement between the employee and the employer. Also, by agreement between them, study leave can be added to annual paid leave (see part 2 of article 177 of the Labor Code).

§ 6. Full or partial combination of annual paid holidays is allowed for persons working in the regions Far North and areas equated to them, but not more than two years (see part 3 of article 322 of the Labor Code). This means the possibility of transferring vacation from one working year to another.

§ 7. A violation by the employer of the deadline for notifying the employee of the upcoming vacation (see part 3 of article 123 of the Labor Code, part 2 of article 124 of the Labor Code) may lead to the postponement of the use of annual paid leave, as well as if the employee was not paid on time for vacation time (see part 9 of article 136 of the Labor Code).

In such cases, leave in accordance with Art. 124 order is postponed to another date.

However, under certain circumstances, the employee may be interested in using the leave at the time set by the schedule. It seems that in such cases, upon a written application of the employee and an agreement between the employee and the employer, it would be possible not to transfer the annual paid leave.

§ 8. As a result of a change in circumstances, the employee and the organization may need to postpone the vacation for another period.

In such cases, with appropriate justification by each party and by mutual agreement, the time of granting annual paid leave may be changed, and the necessary changes may be made to the vacation schedule in the manner established for its approval.

It is advisable to provide for the circumstances (good reasons) for which the vacation schedule can be changed in the collective agreement, the local regulatory act of the organization, adopted in the manner established by the Labor Code (Articles 8, 371, 372 of the Labor Code).

Another commentary on article 124 of the Labor Code of the Russian Federation

1. In the cases specified in paragraph 1 of the commented article, the annual paid leave is extended by the number of calendar days during which the circumstances that served as the basis for the extension were in effect, or postponed for another period. When extending the vacation, the amount wages, paid to the employee during the vacation, does not change, and payment for days of temporary disability, performance of public duties is made in accordance with the law (see Articles 170, 183 of the Labor Code and commentary thereto).

When postponing leave in these cases for another period, the time for which the leave is transferred is determined by the employer, taking into account the wishes of the employee. If the circumstances provided for by Part 1 of Art. 124 of the Labor Code, did not come during the vacation period, but immediately before the employee went on vacation according to the schedule, the vacation must also be rescheduled for another period during the current working year.

2. Violation by the employer of the deadline for paying vacation (see Article 136 of the Labor Code and the commentary thereto) or the warning period serves as a basis for postponing the vacation for another period, and this period must be agreed between the employee and the employer.

3. The Labor Code does not disclose the concept of "exceptional cases", which allow the employer, with the consent of the employee, to transfer the vacation to the next working year. Part 3 of the commented article contains only a general criterion that the employer should be guided by. When obtaining the consent of the employee to postpone the vacation, the employer must indicate specific exceptional circumstances that may lead to a violation of the normal operation of the organization, individual entrepreneur.

4. Employees under the age of 18 and employees employed in work with harmful and (or) dangerous working conditions, in any case, leave must be granted annually. All other employees are subject to a no-vacation rule for two consecutive years.

5. A special procedure is provided for workers working in harsh climatic conditions. For persons working in the regions of the Far North and equivalent areas, full or partial combination of holidays is allowed, but not more than two years. At the same time, the total duration of the leave provided should not exceed six months, including the time of leave without pay required for travel to the place of use of the leave and back (see Article 322 of the Labor Code and commentary thereto).

Is it possible to transfer vacation at the request of the employee?

Is it possible to transfer vacations at the request of the employee? How to arrange it correctly so that there are no difficulties and problems? Let's deal with these questions in detail. According to the rules, annual rest is provided on the basis of the schedule of these periods of time off adopted before the start of the working year. But in some cases, if you look at the Labor Code of the Russian Federation, it is possible to transfer these rest days at the initiative of the employee.

About the legal framework

The procedure by which you can change your vacation schedule is regulated by Article 124 of the Labor Code of the Russian Federation. This paragraph indicates for what reasons the employee has the right to change the beginning of his "vacation". By the way, not everyone is allowed to change the beginning of the “days of freedom from work”. There are restrictions on this in the TC.

Let's talk briefly about the rules when it is possible to change the dates of these free days. First of all, this issue can be resolved by agreement between the employee and the employer. It is not uncommon for an employee to change dates due to their personal circumstances. If he explains them to the employer, he can meet him halfway and change the data in the rest days schedule drawn up in the T-7 form.

The law establishes the cases during which these changes are possible, namely:

Diseases confirmed by sick leave. It is important that it is the employee's sick leave that counts. Care of sick relatives in this case is not taken into account.
If the employer violated the rights of the employee.
If a person needs to perform certain state duties. For example, to take part in a court session as a witness or a juror. Or if you need to come to the military training camp.

Leave can be postponed if:

Payments for the period under review are not earlier than 3 days before the start of the annual "day of freedom from work".
Provisions about the beginning of this period. It must be issued no later than 2 weeks before this date.

Be sure to remember that it is possible to postpone the rest time only at the request of the one who will take these days off. To do this, he must write a statement stating the reason for the desired transfer.

Can only annual days of rest be carried over?

No, you can transfer not only those that are given once a year. The law requires several more such periods. This is educational, maternity, childcare. All of the extra rest days are also transferable. That's just minimum size divided vacation must be at least two weeks. For example, officially child care leave is assigned until he is 3 years old. A woman has the right to interrupt it, go to work, and after a while draw it up again. This holiday cannot be transferred to another period, but workplace for his time the woman must be saved.

Who can't take rest days? It is obligatory every year for two categories of the population. These are people employed in hazardous conditions and underage employees. They are forbidden to transfer these days to another time. Even if these people themselves want to postpone their vacation and write a corresponding application, the employer should not satisfy him.

And how to formalize a change in the vacation schedule in relation to those employees who can do this? All these changes must be documented, not verbal. The employee needs to write a statement. If the employer can reschedule his leave, he must issue an order to that effect.

How to write such a statement? It does not have a set form.

It can be written in any form.

It is only important to indicate the reason for the transfer. For example, it may be for family reasons. It is not necessary, moreover, it is even undesirable to describe in detail why you need to postpone vacation days. It is necessary to briefly indicate the essence, and in more detail the reason can be explained to the employer in words.

You need to specify the following points:

Data of the head, the name of the enterprise where he works.
The essence of the statement.
Reason for rescheduling vacation.
From what to what date.

It goes without saying that this document should contain the full name of the applicant, his position, the date of compilation.

Instead of output

After the manager receives this application, he must prepare an order to postpone the vacation. Then he needs to familiarize the employee with this order. And under painting. It is very important that these changes are consistent. If a person in his own way own will, without a good reason, will postpone the vacation, the head has every right to fire him for absenteeism. And not a single labor inspectorate will save in this case, because the leader in this situation is right.

That is, changes in the dates of the period under review at the initiative of the employee are quite possible. Unless, of course, they do it for a good reason. Main #8211; warn the manager about this in advance and that the employee is not fired from work for absenteeism. And to calculate the absence of work and the transfer of days of rest without warning is quite legitimate for the employer.

Transfer of annual paid leave by the employer: is it legal?

The document that determines the time of going on vacation is the vacation schedule. It is compiled by the employer at the beginning of the year, taking into account the wishes of employees and is provided against signature to each of them. It is envisaged that if the employee signs in front of his last name in the schedule, he agrees with the period of vacation. But sometimes it may be necessary for a person to be present at the workplace during his vacation. In labor law, this is referred to as the transfer of leave due to production needs or at the initiative of the employer.

Art. 123 of the Labor Code allows for the possibility of transferring vacation to another time: "in exceptional cases, if the provision of vacation according to the schedule adversely affects the course of the enterprise's activities." In this case, the law allows you to "shift" the vacation at the initiative of the employer, but only with the consent of the employee.

Registration of the procedure

An official letter to an employee from the head of the organization or the head of the department with a proposal to postpone the vacation. The letter indicates the reason why changes are made to the vacation schedule. An alternative to such a letter may be a memo, the content of which reflects the need for transfer.
An employee's application for the postponement of vacation.
Order on amendments to the approved vacation schedule for employees.

If the order to grant the employee a vacation according to the schedule was issued before the occurrence of circumstances that necessitated its transfer, the boss is obliged to cancel it.

Documentation that is amended after the issuance of the order:

vacation schedule (in the last column a mark is made explaining the reason for the changes);
personal file of the employee (if it already had a record of the grant of leave.

When can an employer offer to reschedule a vacation?

The circumstances in connection with which the employer has the right to initiate the transfer of annual paid leave are specified in Art.

How to change the vacation date planned by the vacation schedule?

124 TK. These include:

Late accrual of vacation pay. By law, they must be accrued no later than three days before the employee leaves to rest.
The employee learns that he must go on vacation according to the schedule less than 2 weeks before it starts. This usually happens when the vacation schedule is adjusted after approval due to layoffs or sick leave.
Negative consequences for the organization if this employee goes on vacation exactly at the scheduled time.

The most difficult cases of changing the vacation schedule are associated with the latter circumstance.

What should be Negative consequences for the company to justify the need to change the employee's plans for a well-deserved rest? This can be, for example, a large order, the implementation of which is supervised by this particular employee, or a breakdown of equipment for which this employee is responsible and its failure paralyzes production activities. In any case, the employee's consent is a prerequisite for the legality of the vacation transfer procedure.

If he refuses to change plans, the transfer is impossible, even if the situation refers to the above. There is no law in the Labor Code according to which the employer can change the approved vacation schedule solely of his own free will.

What disciplinary offenses can employees commit? The answer to this question is in our article.

Are you looking for a form T-61? You can download it here.

When is vacation postponement not allowed?

this employee did not rest for 2 years in a row, i.е. The previous year's vacation had already been postponed. There can be no exceptions even if the employee himself is ready to wait another year.
the category to which the employee belongs provides for the right to independently choose the start time of the vacation (pregnant women, disabled people, mothers of children under 3 years old, etc.). This also includes underage workers.
the position of the employee provides for dangerous or harmful working conditions.

How to issue a review from a vacation or its transfer?

Human Resources Department commercial organization, 2009, No. 6

How to issue a review from a vacation or its transfer?

The right of workers to rest is enshrined in the Constitution and the Labor Code of the Russian Federation. Everyone knows that the order in which annual paid holidays are granted is determined annually in accordance with the vacation schedule approved by the employer (Article 123 of the Labor Code of the Russian Federation). But, unfortunately, situations are not uncommon that require the recall of an employee or the transfer of his annual paid leave. How to properly resolve such a situation without conflicts between employees and the administration of the organization and how to document it - we will tell in this article.

Each employee has the right to annual paid leave with the preservation of the place of work (position) and average earnings. The minimum vacation period is set by art. 115 of the Labor Code of the Russian Federation and is 28 calendar days. However, it can be divided into parts, and one of them must be at least 14 calendar days.

Sometimes, in addition to the main vacation, employees may be granted additional paid vacations. The basis for their provision is the circumstances that are associated with the implementation of a specific labor function. Such holidays are intended to compensate for the impact of adverse factors on health in the process of work. The list of categories of workers who are granted leave of this type is given in Art. 116 of the Labor Code of the Russian Federation. These include workers:

- employed in work with harmful or dangerous working conditions;

- having a special nature of work;

- with irregular working hours;

- working in the regions of the Far North and areas equated to them.

Some categories of workers, if their employer belongs to a certain industry (for example, in agriculture, on the railway transport etc.), additional holidays are granted on the basis of the normative acts of the former USSR.

Based on Art. 123 of the Labor Code of the Russian Federation, the order in which leave is granted is determined annually and is documented in the form N T-7 1. Moreover, this document is mandatory for both the employee and the employer.

1 Approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1 On the approval of unified forms of primary accounting documentation for accounting for labor and its payment.

Labor legislation gives the employer the right to refuse leave to an employee if his absence may adversely affect the normal course of the organization's work. In this case, the leave must be used by the employee no later than 12 months after the end of the working year for which it is granted.

How to apply for the transfer of annual leave?

Annual paid leave can be postponed or extended in the cases established by Art. 124 of the Labor Code of the Russian Federation. In particular, this can be done in case of temporary incapacity for work of an employee or performance of public duties by an employee during vacation.

The transfer of annual leave can occur according to production needs and at the request of the employee. Leave can be postponed at the initiative of the employer only if:

- the vacation of a particular employee in the current working year will adversely affect the progress of work in the organization;

- there was a need to recall an employee from vacation.

If payment for annual leave was not made in a timely manner or the employee was warned about the start time of the leave later than two weeks before its start, the employer is obliged to postpone the annual paid leave for another period agreed with the employee. This is stated in Part 2 of Art. 124 of the Labor Code of the Russian Federation. To do this, the employee writes a statement in free form. For example:

│ Director of Print-M LLC │

│ from the manager of the sales department S.V. Zimina│

│ Statement of consent to the postponement of vacation │

│ I, Sergey Vladimirovich Zimin, agree to the transfer of part of my

│paid annual leave from 14.06.2009 to 27.06.2009 for│

│period from 07/13/2009 to 07/26/2009. │

But if the employee himself wanted to transfer the vacation, he must express his desire in writing in the form of an application.

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 time set by the schedule 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 due to the nature of work, working conditions or for other reasons (for harmful conditions labor, irregular working hours, etc.). The duration of the annual basic and additional paid holidays 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 must be provided to the employee annually. At the same time, 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 leaves 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 no later than two weeks before the start 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 fulfilled this obligation and has not warned 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 the postponement of the vacation for the reasons mentioned.

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 bodies of inquiry or investigation, to the prosecutor's office as a witness, victim, their legal representative or witness), leave is automatically extended. 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, for 4 (four) days of this vacation (from February 18 to February 21, 2014) I was sick, which is confirmed by a certificate of temporary disability issued by the City Polyclinic N 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

You will have to postpone the vacation even when in local or other regulations appropriate grounds have been established for this. 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 06/01/2012 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 an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. 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 February 10, 2014 to February 28, 2014), correspondent Leonid Nikolayevich Sharkov was temporarily disabled for four calendar days (from February 18, 2014 to February 21, 2014) (temporary disability certificate dated February 18, 2014). 2014, series BB N 12345678), guided by Article 124 of the 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 transferred. 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 postponement of vacation, the schedule provides columns 8 “Basis (document)” and 9 “Date of the proposed vacation”: they indicate the details of the order to postpone the vacation and the new rest period 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.

The right to annual paid leave in our country is guaranteed to every employee by law. The articles of the Labor Code regulate the rules and all the nuances regarding holidays, as well as their transfer or refusal to provide certain types for some reason. The decision on the issue of a possible refusal by the employer to a subordinate on vacation depends on the specific situation. General rule states: refusal with a timely submitted and correctly executed application is a violation of the right to rest and is therefore illegal.

And if the employer still refuses to take vacation, what should I do? In the absence of a proper basis for this, its actions are subject to appeal under the law.

How is annual leave granted?

Chapter 19 of the Labor Code of the Russian Federation "regulates" holidays. The right to legally take a rest can be used by employees whose work experience in the company exceeds 6 months. After this period, the employee may be granted rest at his request, or he is included in the vacation schedule for the next calendar year. It is this document that regulates the procedure for granting annual paid holidays in a particular organization.

Such a schedule is drawn up at each enterprise or institution at the end of the current year. It must be approved no later than December 17th. All employees are introduced to the order of vacations under the signature.

Can they refuse early leave?

If an employee decides to take a break before the expiration of a six-month period of work, can the employer refuse to leave and in what case? This occurs when the worker does not qualify for any of the benefit categories listed below.

Those who are included in the list of beneficiaries can go on their first vacation and before the end of the six-month working period.

Who are these beneficiaries? The right to take early leave belongs to:

1. Minors.

2. Women going on a "planned" decree.

3. Those who have adopted a small child (up to 3 months).

4. Husbands of women "on maternity leave".

5. Part-time workers, if during this period of time there is a vacation at the main place of work.

6. Wives of military personnel who are entitled to leave at the same time as their husbands.

Who else is eligible

Additionally we are talking about:

1. Veterans and invalids of the war.

2. Victims of the Chernobyl accident.

3. Heroes of Russia, Socialist Labor, USSR.

4. Honorary donors.

5. Victims at the training ground in Semipalatinsk.

If you do not belong to one of the listed preferential categories, but you need leave, say, for health reasons or for family reasons, the law does not prohibit granting the right to rest to such an employee. But it should be understood that this action relates to the rights, and not to the duties of the employer. If he complies with the procedure for granting annual paid holidays, the law is not entitled to oblige him to provide an ordinary employee (not a beneficiary) with rest before working out a six-month period of service.

Is it possible to refuse a vacation according to the schedule?

For each calendar year, a schedule of planned vacations with the order in which they are granted is drawn up and approved at the very end of the current year - in December. The approved document is binding on both parties - the employer and the employee. And can the employer refuse to leave in spite of the approved deadlines, citing the impossibility of replacement or other reasons important for production? How legal are his actions?

From a formal point of view, such a decision is contrary to labor legislation. In practice, the authorities are given the right to transfer the vacation to another time. This is done only when such an alternative is understood by the vacationer himself. That is, this action complies with the law if the employee agrees with the proposal to transfer.

Some nuances

A similar transfer of vacation according to the law is also possible for the next year. But here we should not forget about the ban on a two-year period of work without official rest. In addition, holidays are not transferred to minors working even if they consent.

Can an employer refuse leave without a transfer offer? Definitely not. The law categorically prohibits refusal in the case of an officially drawn up and signed schedule.

But this does not apply to situations in which subordinates request vacations at other times that are not documented. If an application for an "out of turn" leave is submitted without special grounds, this may be the reason for a completely legitimate refusal.

Sometimes we are talking about the division of annual paid leave into parts. But at least one of them should not be shorter than 14 days.

Instead of rest - compensation?

Is it possible to agree this way - the head of the vacation refuses, but in return he offers to pay compensation in cash for the entire period. According to the law, this is impossible. Although the Code provides for the option of paying monetary compensation in exchange for the unrealized right to rest, payment in cash is allowed only for the time that exceeds the annual mandatory period of 28 calendar days.

For example, with a vacation lasting 35 days, an employee of his own free will has the right to receive compensation for a period equal to 7 days. And, we recall once again, such a replacement of vacation days with money can take place only at the initiative of the employee, and not the authorities.

Leave without pay - a sample and important nuances

The so-called administrative (or unpaid) leave can be taken by an employee at any time. This does not depend on the length of the work experience. The payment is not saved. To obtain one, an employee should send an application to the employer with a request and, most importantly, a request-justification, that is, explain the need for such. The refusal or consent depends on how important the motivation of the employee seems to the authorities.

Is it possible to refuse leave without pay? Yes, unless both of the following conditions are met at once:

1. Citizens belong to the category of those who have the right to the mandatory provision of such administrative rest.

2. The limit of days "without maintenance" regulated by law has not yet been exhausted by them.

1. Participants of the Second World War. For them, the limit of the duration of administrative leave is 35 days annually.

2. Working disabled people - the same period for them is 60 days.

3. Those who have reached retirement age. If the pensioner continues to perform labor duties, he is granted the right to annual leave without pay for 14 days.

4. To widows or widowers who died in the service or as a result of injury, illness, injury, which happened for an industrial reason. Here the limit is also equal to 14 days.

5. Five days annually must be given without fail to someone who has had the birth (death, marriage) of a close relative.

This list, established by Article 128 of the Code, is not exhaustive. Additional warranties in social sphere are possible in separate legislative acts and internal regulatory documents of employers. Most often, employees are rarely denied vacations at their own expense.

Let's talk about holidays for women

Now we are talking about and concerns pregnant women and young mothers who have entered the workplace. These persons belong to the category of employees protected by law.

According to Labor Code, all women are guaranteed the right to use maternity leave, as well as long-term leave to care for a baby up to the age of three. But in real conditions, the rights of pregnant women and young mothers are very, very often violated.

Can they not let me go on another vacation on the eve of the decree?

Can an employer refuse to leave a pregnant employee who is going on maternity leave, citing the upcoming decree (and such situations are not uncommon)? It should be clearly understood that such a refusal refers to the most flagrant violations of labor laws.

In fact, the fact of pregnancy "works" not for the employer, but for the employee. She goes into the category of "beneficiaries" and may request another vacation outside the schedule.

Quite legal and very convenient for the expectant mother is the option of going on maternity leave immediately after the next vacation. If the authorities refuse to implement such an option, this already gives the right to appeal to higher authorities.

Unfortunately, it is impossible to give such an unambiguously positive answer to the question of whether it is possible for a pregnant woman to refuse her next vacation in the most general case (when we are not talking about a decree yet). The employer may not let an adult employee go on vacation outside the agreed schedule. However, a pregnant woman enjoys additional privileges. For example, it is impossible to fire her for absenteeism.

Can the boss not let the employee go on maternity leave?

What is In fact, it consists of two legally unequal parts - for pregnancy and childbirth and long-term leave provided to care for a child. The first as such does not apply to holidays.

The basis for its provision and payment is sick leave disability. That is why the refusal to provide such a period of rest is impossible in principle.

Leave to care for a child general rules, are provided until the moment when the baby reaches the age of three. Their duration is not necessarily equal to exactly three years. A woman has the right to apply for such leave on any day of the specified period. Vacation ends automatically on the next day (working) after the three-year date of birth of the baby.

It can be provided not only to the mother, but also to any person who actually cares for the child. At the same time, payment (rather modest, in the form of social benefits) is required by law only in the first year and a half.

Quite often (mainly for financial reasons) a young mother is forced to go to work before the baby is three years old. But sometimes, for family reasons, she needs to return to maternity leave again. The employer may be against such a decision.

The law determines that such a refusal refers to violations prescribed in the Labor Code social guarantees. That is, by interrupting the decree ahead of schedule, a woman is not deprived of the right to re-leave on the same vacation if necessary.

What waivers are legal?

The main part of the provisions of labor legislation is focused on protecting the interests of workers. But it also contains norms that do not allow abuse of their rights by employees. These include the list of those situations where the employer's refusal to leave is legal.

So, let's list the reasons why you will legally be denied rest at the time that you have chosen for yourself:

1. An employee who is not related to preferential category, a leave was requested during the first half of the year of performance of labor duties.

2. An application in writing, duly executed (if such is accepted in the organization) was not submitted on time. There is no need to write an application if vacations are granted according to a pre-arranged schedule. At the same time, it is enough to familiarize the employee in advance - 14 days in advance.

3. If the employee intends to issue a dismissal immediately after the requested leave.

4. When a sufficiently serious production need arises. But, as already mentioned, this basis is used only with the voluntary prior consent of the employee.

If you are denied, be sure to ask the reasons. Knowing them, you can easily figure out how legitimate the actions of the leadership are.

Art. 173-177 of the Labor Code of the Russian Federation: study leave

Such holidays are provided for those citizens who combine study and work. In order for claims to receive such leave to be justified, a number of conditions must be met:

1. An employee receives an education of the appropriate level for the first time. What does this mean practically? If a part-time student who does not yet have a higher education works, he is entitled to student leave. But with the finished higher education he can apply for one only when studying in a magistracy or graduate school.

2. If a worker manages to study simultaneously in several educational institutions at once, he writes an application for study leave only for a session in one of them - at the choice of the student himself.

3. When an employee is a part-time employee, he is not entitled to such leave. Study holidays are given exclusively at the main place.

4. It is provided only subject to state accreditation of the educational institution where the employee receives education.

5. Mandatory document attached to the application for study leave - issued educational institution help-call.

6. The duration of such leave must be within the established limit. It is possible to exceed it, but only by mutual agreement with the employer.

If all of the above conditions are met by the employee, but nevertheless he is denied student leave, the actions of the authorities can be considered as a violation of labor laws, and it can be appealed in the prescribed manner.

Vacation is due to every working citizen in accordance with the requirements of labor legislation, while the time of vacation for each of the employees must be determined before the start of the new working year.

Changing the vacation schedule is allowed at the initiative of the employer, if there are sufficient grounds for this, or at the initiative of the employee, if he is sick or some circumstances have arisen that do not allow him to work during this period of time. At the same time, if the reason for postponing the vacation is not valid or does not meet the interests of the organization, then the employer has the right to refuse to transfer the employee's vacation.

Features of the transfer of holidays are regulated by Art. 124 of the Labor Code of the Russian Federation, which determines the reasons and grounds for changing the vacation schedule of employees, and also establishes categories of employees who cannot take vacations at all. A prerequisite for postponing the rest schedule for employees is the agreement between the employee and the employer on changing the vacation time.

At the same time, it is noted that changing the vacation time becomes impossible in the event of a number of circumstances. These circumstances include:

a warning about the need to change the vacation time less than two weeks before the start of the employee's next vacation;
payment of vacation pay to the employee, which must be provided no later than three days before the start of the rest time.

A change in the term or time of vacation most often occurs at the initiative of the employee himself, since the vacation schedule is approved in advance, and all employees of the enterprise follow it unconditionally. The basis for changing the schedule for a particular employee must be weighty and valid, since the employer has every right to refuse to satisfy the request of an employee of the organization.

Changes to the vacation schedule may occur:

At the initiative of the employer, in which insurmountable circumstances must arise that do not allow the employee to go on vacation at the time indicated by the schedule. Most often, this is the reorganization of the enterprise, as well as the introduction of new technologies and systems in production.
At the initiative of the worker. In this case, the employee must prove that he has good reasons for demanding the postponement of the vacation - these may be family circumstances or illness.

Specialists single out some of the grounds that require the mandatory execution of the employee’s request in full or in part, however, the application must be generated on time and not contain the requirements “to go on vacation from tomorrow”.

The reasons for changing the time of the vacation period are:

An illness of an employee, which is confirmed by a certificate of temporary disability. Illness of relatives, including children, is not the reason for changing the vacation schedule.
Violation of labor legislation by the employer, which consists in violating the rights of an employee of the organization.
Fulfillment by an employee of public duties that require exemption from work. Most often, the main methods of fulfilling public duties are appearing in court as a witness, a representative of one of the parties or a juror, as well as in the case of military training, which must be attended by an employee of the enterprise.
Other circumstances that the employer may consider important for a particular employee if he applies.

In each case, the employer independently determines the importance of the reason for the transfer of vacation, so it is better for employees to have a stable business relationship with their employer.

Postponement of family leave

The legislation provides for the possibility of postponing family leave if the employee has not yet been paid vacation pay, and has not been notified of the imminent vacation time. The employer has every right to establish in the organization its own procedure for replacing vacation time, based on reasons that are considered valid.

Family circumstances are not a valid reason for changing the vacation time, however, in some situations, the management of the organization may meet the employee halfway if circumstances force him to take an urgent vacation. An example of such a situation is a sudden illness of a close relative or one's own illness, which is difficult to cure and leads to disability of a citizen in the future or today.

It will not be possible to obtain the right to change the start date of the vacation due to one's own wedding or the wedding of relatives, since this is not a serious and compelling circumstance, and if the collective agreement allows employees to take unpaid leave for several days due to such celebrations, then the employee can take precisely time off, without touching or changing annual paid leave.

In accordance with Art. 123 of the Labor Code of the Russian Federation, the order of vacations is provided based on the corresponding schedule, which is accepted no later than two weeks before the new calendar year. At the same time, the execution of the schedule is mandatory for each party to the employment relationship, therefore, any amendment to the existing plan must be formalized by mutual agreement of the parties.

Transfer of vacation to the next vacation

The legislation prohibits the postponement of vacation for the next vacation, if the next vacation is not part of the next paid vacation, divided into two parts.

Under such circumstances, it is possible to postpone the vacation, however, only if both the employee and the employer agree to such changes, and this will not entail any difficulties and problems for the organization as a whole.

Also, vacation is transferred to another vacation or time if the employer has not fulfilled the conditions for sending employees on vacation, which include:

Notification of employees at least two weeks before the start date of the vacation.
Holiday pay no later than three days before the start date of the holiday.

If any of the conditions is not met, the employee cannot be sent on vacation.

Transferring vacation to next year

Paid annual leave cannot be replaced by either a compensation payment, except in cases of dismissal of employees, or the transfer of vacation time to the next year. However, like any rule, this rule has exceptions.

The regulation of the appointment of leave occurs in accordance with Art. 122 of the Labor Code of the Russian Federation, which establishes that an employee is entitled to 28 calendar days of vacation for each working year. An important provision indicates that it is not the calendar year that is taken into account, but the working year, which is calculated from the date the employee begins to exercise labor activity. The working year is 12 calendar months from the date of registration of labor relations, after which the employee is entitled to annual paid leave. At the same time, it is specified that leave can be granted at any time of the working year, regardless of the "convenience" or "wishes" of the employee of the enterprise.

If, for some serious reason, the employee was unable to take advantage of the opportunity to rest for the past working year, due to his retraining or reorganization of the enterprise, etc., then the vacation can be postponed to any time within the next 12 months, and also combined with the vacation of the next working year in full or in part.

It is impossible to replace an unspent vacation with compensation, so you can only take it off. It is allowed to go on vacation several times a year, if the employee thus uses all the days of rest in full. Payment of compensation is allowed only for that part of the vacation that exceeds the 28 calendar days established by law.

How to apply for a vacation transfer

The transfer of vacation is made upon submission of an appropriate application from the employee or upon issuance of an order of the same name, when the date of vacation changes at the will of the employer. In this case, only the employer is responsible for the unlawful use of the possibility of transferring the leave without the will of the employees.

Employees of the organization are entitled to the following types holidays:

Annual basic and additional, which are provided in view of the employee's working one year at the enterprise.
Study leave, which is provided most often for a session or exams for student employees.
Maternity leave, which is leave for medical reasons, which includes periods of rest for the employee in the period before and after childbirth.
Parental leave granted until the child reaches the age of three. The legislator clarifies that the employee can leave it at any time convenient for himself, as well as extend the vacation for a short period.

It is impossible to replace the leave or transfer it to certain categories of employees, as this is prohibited by the mandatory norms of the law.

These workers include the following categories of citizens:

workers who are employed in harmful and hazardous industries;
employees who have not reached the age of majority.

The employer will not be able to change vacations for such employees even if they apply and request, since this rule labor law is imperative and subject to full enforcement in accordance with the law.

Leave transfer order

To formalize the transfer of vacation, an employee of the organization must receive an appropriate application or the company must have compelling circumstances that exclude the departure of any employee in a certain period. In each case, an appropriate order is issued.

The document must contain the following information:

Name of company.
Data about the head of the enterprise.
Title of the document.
Grounds and reasons for the postponement of vacations.
Responsibility for postponing holidays.
A person who must generate an updated vacation schedule if it is not the employer.
Signatures for familiarization with the document of all participants in the order.
Date of compilation and signature of the head.

The legislation establishes that the employer has no obligation to draw up such an order, however, drawing up such a document may be convenient for further business management at the enterprise. Thus, confusion and loss can be avoided. necessary documents, as well as protect both parties from illegal actions.

Leave application

An application from an employee to postpone a vacation is drawn up in a free form, however, it must fully reflect the situations in which there is a need for “shifts” in the established rest schedule for employees of the organization.

The application must:

be drawn up in the name of the head of the organization;
have personal information about the employee, as well as his position;
contain a request to postpone the vacation;
establish a valid reason for postponing the vacation schedule, since the wording “for family reasons” is not valid;
contain the date and signature of the applicant.

The application must be submitted to the employer or other authorized person under the appropriate signature. It is best to draw up a document in duplicate, one of which the employee can keep for himself, with the signature of the head of the acceptance of the document for consideration.

Download

You can download a sample Application for the postponement of vacation in .doc format
by this link

Download

You can download a sample Order on the postponement of vacation in .doc format

Leaving for the main vacation is determined by the order established in. The transfer is possible in cases stipulated in labor laws, as well as with the mutual consent of the employer and employee. When can you reschedule vacation according to the schedule, what to do if sick leave occurs during vacation? What documents need to be issued to transfer the main vacation? The article provides step-by-step instructions for the actions of the employee and the employer to postpone the vacation period, as well as forms and samples of filling out documents that need to be completed by both parties - an application for postponing the vacation and an order.

See vacation pay calculator.

The transfer of vacation must be documented, changes to the T-7 schedule can only be made if there is documentary justification. In general, the transfer procedure can be divided into 4 steps.

Step by step design instructions:

Writing by the employee or consent to this action;
Preparation by the employer of an administrative paper on the transfer;
Making changes to the current T-7 schedule;
Making changes to the personal card employee T-2.

Read more about each step in the article below.

To correctly arrange the transfer, you need to know the cases in which this can be done. For correct design the reasons for this action should be analyzed. In this case, you should refer to Article 124 of the Labor Code of the Russian Federation, which is also devoted to the transfer of the vacation period. This article defines the list of cases when the employer is obliged to postpone the rest period.

When can a vacation be postponed at the request of an employee?

In 124 Art. The Labor Code of the Russian Federation spelled out cases of possible transfer of the vacation period to another period. The initiative may come from the employee or the employer.

Reasons for postponing leave at the initiative of the employee:

Finding an employee on sick leave - if at this time the employee is resting, then the vacation is either extended or postponed. The transfer of vacation due to sick leave is the most common reason for changing the vacation period, this is done on the basis of. Sick leave during vacation allows it to be rescheduled only if it is open due to the disability of the vacationer himself, and not his family members;
Implementation of labor state duties during vacation;
The onset of the moment when the right to appear at the time of being on the main vacation, you can either interrupt the vacation with its subsequent transfer to another period, or take it to the end and draw up a decree at a later date;
At the initiative of the employee - if the employer did not pay vacation pay on time (no later than 3 days before the 1st vacation day) or did not notify the beginning of this period 2 weeks in advance, then the employer, at the request of the employee, is obliged to issue a postponement for a period agreed by the parties , as a rule, family circumstances of an unplanned type are indicated as the reason;
Other cases that are stipulated in legislative acts, as well as established by the employers themselves by internal local documentation.

Reasons for postponing leave at the initiative of the employer

The reason for making changes to the schedule may be not only the personal desire of the employee, unforeseen circumstances, but also the initiative of the employer. As a rule, this is a production necessity.

These are exceptional situations when the employer cannot release the employee for a well-deserved rest due to a threat to the normal operation of the enterprise (the consent of the worker is required to postpone the vacation period) - it is important that the transfer of vacation due to production needs is carried out for a period no later than 12 months from the expiration of the working year for which the leave must be granted.

If within two years the employee does not rest, then he, however, the employer may face a fine for non-compliance with labor law.

When is vacation transfer not possible?

Failure to provide basic paid leave is not allowed:

for consecutive two years;
failure to provide persons of minor age (up to 18 years);
workers in adverse conditions (harmful and dangerous).

Violation by the employer of these prohibitions entails the imposition of administrative liability on him:

For the first detected violation - 1000-5000 rubles. for an official and individual entrepreneur, 30,000-50,000 rubles. to the organization;
For a repeated violation - 10,000-20,000 rubles. for an official and individual entrepreneur, 50,000-70,000 rubles. to the organization.

How to transfer a vacation - step by step instructions

The procedure consists of the following steps:

Receiving a statement from an employee;
Issuance and approval of the order;
Editing vacation schedule;
Fixing the corresponding entry in the personal card, if necessary.

Sample application for transfer

The first step of this instruction is to receive an application from the employee. It is imperative to obtain a document from the employee, by signing which he will confirm the intention or consent to postpone the work holiday for another period. Sample applications for various reasons for the transfer can be downloaded free of charge below.

Depending on the reason for the transfer, the content of the text of the application may vary, explanations are collected in the table below. In general, the form in any case must contain the details of the person to whom it is addressed (data about the employer), from whom it is drawn up (data about yourself), title and heading, signature and date.

Reason for transfer	What to write in the text of the application
Hospital employee during vacation	A personal request for the postponement of vacation due to sick leave, indicating the reason and the desired period for granting labor rest. The application contains the details of the disability certificate, the original sick leave certificate is attached to the application.
Fulfillment of state obligations during the vacation period	A personal rescheduling request containing the reason, start date, and end date for the rescheduled vacation. The annex contains the details of the document confirming the fulfillment of these obligations.
Vacation pay not paid on time Leave not granted on time The employee was not warned about the start date 2 weeks in advance	Request to reschedule the vacation, indicating the reason and the desired dates, limiting the period of grant. No documentary evidence is required to be attached to the application.
Employer's initiative due to operational necessity	Consent to the transfer, indicating the first and last day postponed vacation as agreed by the parties. Documents do not need to be attached.
Employee initiative (personal and family circumstances and desires)	A request for a postponement with a good reason, if there are documents confirming the reason, then they must be attached. Postponement of family leave is possible if the employer considers the reason important enough and agrees to amend the T-7 schedule.

Sample order to postpone vacation according to the schedule

second step step by step instructions on registration of the transfer of the vacation period is the formation of an administrative document based on the application of the employee.

The command is binding document with the order of the head, on the basis of which the transfer and amendment of the T-7 schedule is carried out.

The order can be issued in free form, there is no standard form. Sample Sample can be downloaded for free just below in word.

What should be included in the transfer order:

Name of the company (you can draw up a document on the letterhead of the company);
Document title and title;
Publication date;
Number assigned during registration in the journal;
The basis for issuing the order form and the reason for its preparation. As a basis, you can specify an article of the Labor Code of the Russian Federation, the reason is taken from the application form received from the employee;
An order to reschedule the vacation period indicating a new start and end date, if the dates are not determined, then it is indicated in the order form that the rescheduling dates will be determined later on the basis of an application from the employee;
Details of the document of the basis for the formation of the order - the statement of the employee;
Approving signature from the head of the company;
Acknowledgment signature from the employee whose vacation is subject to transfer to another period.

The approved order must be brought to the attention of the future vacationer. If this is not possible, then an appropriate entry is made on the order form.

Sample order to postpone the vacation according to the schedule - (in connection with the sick leave of the employee).

Changing vacation dates in the vacation schedule

Schedule T-7 is a form in which the vacation periods of all employees are distributed. If any employee changes the period of rest, then you need to make changes to the T-7 form.

Vacations: take into account in the schedule

Labor code on transfer

Is it possible and how to transfer vacation to the next year in accordance with the labor code of the Russian Federation: how to carry out such a transfer?

Making a transfer of vacation

December 13, 2016transfer of the employee's vacation

Transfer of leave at the initiative of the employee in 2018

Grounds for postponing vacation

Transferring vacation to next year

Rescheduling vacation how many times an employee can reschedule

Stage 2. Approval of the Order

Stage 3.

Rules for transferring leave at the initiative of the employee and the employer

3. Transfer time

How leave is issued at the initiative of the employee - stages of the procedure

Stage 1. Making a personal statement

How to reschedule vacation?

Changes in the vacation schedule (2018)

Can the employer refuse to transfer vacation for another period to all employees?

Making a transfer of vacation

sample order

Where is the order registered?

Terms and place of storage

Shelf life

Document Requirements

Examples

According to production needs

Commentary on Article 124 of the Labor Code of the Russian Federation

Vacation off schedule

Another commentary on article 124 of the Labor Code of the Russian Federation

Is it possible to transfer vacation at the request of the employee?

About the legal framework

Can only annual days of rest be carried over?

Instead of output

Transfer of annual paid leave by the employer: is it legal?

Registration of the procedure

When can an employer offer to reschedule a vacation?

How to change the vacation date planned by the vacation schedule?

When is vacation postponement not allowed?

How to issue a review from a vacation or its transfer?

Grounds for postponing vacation

We draw up documents for the transfer of vacation

Order

Summarize

How is annual leave granted?

Can they refuse early leave?

Who else is eligible

Is it possible to refuse a vacation according to the schedule?

Some nuances

Instead of rest - compensation?

Leave without pay - a sample and important nuances

Let's talk about holidays for women

Can they not let me go on another vacation on the eve of the decree?

Can the boss not let the employee go on maternity leave?

What waivers are legal?

Art. 173-177 of the Labor Code of the Russian Federation: study leave

Postponement of family leave

Transfer of vacation to the next vacation

Transferring vacation to next year

How to apply for a vacation transfer

Leave transfer order

Leave application

Download

Download

When can a vacation be postponed at the request of an employee?

Reasons for postponing leave at the initiative of the employer

When is vacation transfer not possible?

How to transfer a vacation - step by step instructions

Sample application for transfer

Sample order to postpone vacation according to the schedule

Changing vacation dates in the vacation schedule