Who should not be denied a vacation? What to do if you are not given annual basic paid leave? Sample order to reschedule vacation

Here is an example of such a statement.

I.A. Nikolaev

from an accountant

Ivanova I.L.

Statement

Vacations: taken into account in the schedule

Signature I.L. Ivanov

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

Documentation of the procedure
Is it possible to reschedule a vacation several times?

Labor Code on transfer

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

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

untimely notification of leave for vacation;
late payment for compulsory leave;
fulfillment of 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 according to the Labor Code of the Russian Federation: how to carry out such a transfer?

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

Wherein also prohibited transferring 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 date for vacation time cannot be granted to those employed in the production or processing of hazardous substances, as well as to persons who have not yet reached the age of majority.

From everything it follows 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.

We arrange a transfer of vacation

Such circumstances include:

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

December 13, 2016postponement of employee leave

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 a working holiday can be extended or postponed to a new date is when the vacationer fulfills duties in relation to the state, for which he is granted exemption from his position for a period of time. required time. Sometimes a shift in leave may be regulated by a contract concluded upon taking up a position.

The organization can draw up an application for setting a new vacation date because of his illegal actions. Shift may be made due to 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 transfer can be late notice employee about leave.

Transfer of leave at the initiative of the employee in 2018

As the courts note, the parties employment contract(employee and employer) came to a mutual agreement on the start date of the vacation and its period, which does not contradict the provisions of the current labor legislation and, accordingly, does not indicate a violation of the employee’s rights (see, for example, the decision Supreme Court 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 for notification of the start time of vacation.

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

Reasons 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.

If circumstances arise that require a change in the start time of vacation, an increase in the duration of vacation is allowed if the employer and employee jointly determined such a decision as the most beneficial solution 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:

Notifying employees at least two weeks before the start date of the vacation.
Payment of vacation pay no later than three days before the start date of the vacation.

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

Transferring vacation to next year

Annual paid leave cannot be replaced by any compensation payment, with the exception of cases of dismissal of employees, nor the transfer of vacation time to the next year.

Transfer of leave how many times an employee can transfer

It is better to discuss the transfer period in advance with your superiors, agree on it, 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.

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 reason for changing the schedule for a specific employee must be compelling and respectful, 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 specified in the schedule.
Rules for transferring vacation 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 employee.

Vacation cannot be transferred to next year. It must be used within 12 months.

For example, if an employee must go on vacation from April 2018, then he must take the rest period from April 2018 to April 2019.

3. Transfer time

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

An employee has every right to choose when he needs to go on vacation.

How to take leave at the initiative of an employee - stages of the procedure

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

Let's look at how vacation is arranged:

Stage 1. Completing a personal statement

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

In each case, a corresponding order is issued.

The document must contain the following information:

Name of company.
Information about the head of the enterprise.
Title of the document.
Grounds and reasons for postponing vacations.
Responsibility for rescheduling vacations.
The person who must create an updated vacation schedule if this is not done by the employer.
Signatures for familiarization with the document of all participants in the order.
Date of compilation and signature of the manager.

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

The employer annually approves the vacation schedule for the next year at the end of the calendar year. Once approved, the schedule becomes mandatory for both the employer and the employee. But what should an employee do if his plans have changed during the year and he does not want to go on vacation from the date specified 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 prohibition on transferring vacation to another period at the initiative of the employee for any circumstances.

How can I reschedule my vacation?

If an employee wishes to postpone the vacation to another date (either earlier or later), he needs to write a statement 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 planned by the vacation schedule for April 15, 2013 and give me vacation on March 15, 2013 for 28 calendar days.

03/01/2013 Signature I.L. Ivanov

If the employer is not against postponing the vacation to another date, then an order is issued to postpone the vacation and provide vacation from the specified date.

But the employer may refuse the employee this request.

Changes in the vacation schedule (2018)

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

Can an employer refuse to transfer their vacation to another date for 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 time convenient for them. These categories of workers are listed in the article “Who has the right to use vacation at a time convenient for them?” Upon receipt of an application from such an employee, the employer must grant his request.

We arrange a transfer of vacation

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

Decree on transferring vacation to another period - sample drafting:

ORDER No. 452/1

Based on a personal statement from advertising manager V.R. Sukhushina.

I order

reschedule V.V. Sukhushina’s annual paid leave from May 05 to May 20, 2015 for the period from June 08 to June 24, 2015. HR Manager G.P. Ilyinykh

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 Lesnaya I.A. it is necessary to reschedule the vacation, since she is accompanying the child to a sanatorium-resort treatment.

After submitting the application, an order is issued:

ORDER No. 328/2

About postponing vacation

In accordance with the information provided by Lesnaya I.A.

statement

I ORDER:

Carry out a transfer of annual paid leave Lesnoy I.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 Y.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 manager, lawyers and the employee himself.

After the order comes into force, 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 businesses below.

Order to postpone vacation

Where is the order registered?

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

Terms and place of storage

Orders are stored in the archive for 5 years.

InfoDirector Peremitenko V.D.

The following have been familiarized with the order:

HR Manager Ilyinykh A.P.

Lawyer Yun A.V.

An order to postpone vacation due to production needs.

Shelf life

Orders to postpone employee leave are subject to mandatory registration in the logbook for registering orders for personnel. Stored 5 years.

We emphasize that you can only transfer main leave. For additional or educational purposes this is the rule does not apply.

Complying with all the formalities when preparing documents is not so difficult.

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

Therefore, postponing vacation in these cases is the employer’s responsibility:

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

Document requirements

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

This includes:

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

Download the order to transfer vacation to another date

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

Examples

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

Vacation may be postponed by agreement of the parties.

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

According to production needs

At emergency situations in production, vacation can be postponed indefinitely.

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

performing important tasks during vacation that require official release from main activities;
a business trip of a production nature, where only a specific specialist can go;
mandatory presence of a person at the workplace - during an audit or activity under a strict deadline.

The formulation “production necessity” is not always used in favor of the employee.

Example:

Koshkina A., a health worker, according to the vacation schedule, purchased a voucher for a trip to the sanatorium.

I reserve control over this order.

Reasons:

1. Certificate of incapacity for work N.S. Pirogova dated April 3, 2017 No. 445577889966. 2. Notification to E.A. Shirokova dated 04/05/2017 No. 2 with her consent to postpone 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, an order to postpone leave for family reasons is drawn up in approximately the same way. The difference is one thing: only the employee’s statement, in response to which the management met him halfway, will be indicated as a documentary basis.

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 the employee;
the employee performs state duties during his annual paid leave, if the labor legislation provides for exemption from work for this purpose;
in other cases provided for by labor legislation and local regulations.

If the employee was not promptly paid for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.
In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

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

§ 1. Addition to Part 1 of Art. 124 should be considered significant.

Unscheduled vacation

In accordance with its new edition, annual paid leave should not only be extended, but also postponed to another date. 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 V new edition formulated more strictly in relation to the employer. If previously, in the cases specified in this part, annual paid leave was postponed to another date by agreement between the employee and the employer, now the employer, upon the written application of the employee, is obliged to postpone the annual paid leave to another period. Moreover, the period for which the vacation is postponed must be agreed upon with the employee.

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

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

In this regard, leave should be extended for an appropriate period of time.

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

§ 4. The Code (see Part 1 of Article 170) provides for the preservation of the place of work (position) for the duration of the employee’s performance of state duties. Such duties include, for example, fulfilling the duties of a member of the election commission and attending military training.

If the time for performing public duties coincides with the time of annual paid leave, then the leave is extended by the corresponding number of days.

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

If the time of study leave coincides with the time of use of 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 leave for persons working in the regions is allowed Far North and equivalent areas, but no more than two years (see Part 3 of Article 322 of the Labor Code). This means it is possible to transfer vacation from one working year to another.

§ 7. The postponement of the use of annual paid leave may result from the employer’s violation of the deadline for notifying the employee about the upcoming leave (see Part 3 of Article 123 of the Labor Code, Part 2 of Article 124 of the Labor Code), as well as if the employee was not paid in a timely manner 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, an employee may be interested in using vacation within the period established by the schedule. It seems that in such cases, upon a written application from 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 changes in circumstances, the employee and the organization may need to postpone the vacation to another date.

In such cases, with appropriate justification by each party and by mutual agreement, the time for 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 circumstances (valid reasons) for which the vacation schedule may be changed in a collective agreement, a local regulatory act of the organization, adopted in the manner established by the Labor Code (Articles 8, 371, 372 of the Labor Code).

Another comment on Article 124 of the Labor Code of the Russian Federation

1. In the cases specified in Part 1 of the commented article, 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 force, or is postponed to another period. When extending vacation, the amount wages, paid to the employee during the vacation, does not change, and payment for days of temporary disability, performance of state duties is made in accordance with the law (see Articles 170, 183 of the Labor Code and the commentary thereto).

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

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

3. The Labor Code does not disclose the concept of “exceptional cases” that allow the employer, with the consent of the employee, to postpone vacation to the next working year. Part 3 of the commented article contains only a general criterion that the employer must follow. When obtaining the employee’s consent to postpone the vacation, the employer must indicate specific exceptional circumstances that may lead to disruption of the normal operation of the organization or individual entrepreneur.

4. In any case, employees under the age of 18 and employees engaged in work with harmful and (or) dangerous working conditions must be granted annual leave. For all other employees, the rule prohibits non-provision of vacation for two consecutive years.

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

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

Is it possible to postpone vacations at the request of the employee? How to arrange it correctly so that there are no difficulties or problems? Let's look at these questions in detail. According to the rules, annual leave is provided based on 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 postpone these days of rest at the initiative of the employee.

Regarding the regulatory 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 an employee has the right to change the start of his “vacations”. By the way, not everyone is allowed to change the start of “days of freedom from work.” The Labor Code specifies restrictions in this regard.

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

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

Illnesses confirmed by sick leave. It is important that it is the employee’s sick leaves that are counted. Caring for sick relatives is not taken into account in this case.
If the employer violated the rights of the employee.
If a person needs to perform certain government duties. For example, take part in a court hearing as a witness or juror. Or if you need to attend military training.

It is possible to transfer vacation if there is no:

Payments for the period under review are made no 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.

You should definitely remember that rescheduling your rest time is possible only at the request of the person who will be taking these days off. To do this, he must write a statement indicating the reason for the desired transfer.

Can only annual rest days be rescheduled?

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

Who shouldn't have rest days? It is mandatory every year for two categories of the population. These are people employed in hazardous conditions and minor employees. They are prohibited from rescheduling these days. Even if these people themselves want to postpone their vacation and write a corresponding application, the employer should not satisfy it.

How to properly formalize a change in the vacation schedule for those employees who can do this? All these changes must be documented, and not in words. The employee needs to write a statement. If the employer can reschedule his leave, he must issue an order to do so.

How to write such a statement correctly? 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 could be for family reasons. It is not necessary, moreover, it is even undesirable to describe in detail why you need to reschedule your vacation days. You need to briefly indicate the essence, and in more detail the reason can be explained to the employer in words.

The following points need to be specified:

Details of the manager, name of the company where he works.
The essence of the statement.
The reason why you need to reschedule your vacation.
From which to which date.

It goes without saying that this document should also include the applicant’s full name, his position, and the date of preparation.

Instead of output

After the manager receives this statement, he must prepare an order to postpone the vacation. Then he needs to familiarize the employee with this order. And under signature. It is very important that these changes are agreed upon. If a person in his own way at will, without a good reason, postpones his vacation, the manager has every right to fire him for absenteeism. And not a single labor inspection will save you in this case, because the manager is right in this situation.

That is, changes in the dates of the period under review at the initiative of the employee are quite possible. If, of course, they are done for a good reason. Main #8211; warn the manager about this in advance and ensure that the employee is not fired from work for absenteeism. And counting missed work and postponing rest days without warning is quite legal 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 drawn up by the employer at the beginning of the year, taking into account the wishes of the employees and is provided to each of them against signature. It is stipulated that if an employee signs opposite his name on the schedule, he agrees with the period of leave. But sometimes it may be necessary for a person to be present at the workplace during his vacation. In labor law, this is called 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 will adversely affect the course of the enterprise’s activities.” In this case, the law allows “shifting” 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 being made to the vacation schedule. An alternative to such a letter may be a memo, the content of which reflects the need for transfer.
Employee's application to postpone vacation.
An order to make amendments to the approved employee vacation schedule.

If an order to grant an employee vacation according to a schedule was issued before circumstances arose that made it necessary to postpone it, the boss is obliged to cancel it.

Documentation that is amended after the order is issued:

vacation schedule (a mark is placed in the last column explaining the reason for the changes);
the employee’s personal file (if there was already a record of vacation provision in it previously.

When can an employer offer to postpone 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 payments. By law, they must be accrued no later than three days before the employee goes on vacation.
The employee learns that he must go on scheduled vacation 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 last circumstance is associated with the most difficult cases of changing the vacation schedule.

What should they be? Negative consequences for the company, so that this justifies the need to change the employee’s plans for a well-deserved rest? This could be, for example, a large order, the execution of which is supervised by this particular employee, or a breakdown of equipment, for the maintenance of which this employee is responsible, and its failure paralyzes production activities. In any case, a prerequisite for the legality of the procedure for transferring leave is the consent of the employee.

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

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

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

When is it not permissible to postpone a vacation?

This employee has not had a rest for 2 years in a row, i.e. in the previous year, the vacation was already postponed. There can be no exceptions even if the employee himself is willing 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 minor workers.
The employee's position involves dangerous or harmful working conditions.

How to issue a recall from vacation or its transfer?

Human Resources Department commercial organization, 2009, N 6

How to issue a recall from 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 of provision of annual paid leave 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, there are often situations that require the recall of an employee or the transfer of his annual paid leave. How to properly resolve such a situation without conflicts arising between employees and the administration of the organization and how to document it - we will tell you in this article.

Each employee has the right to annual paid leave while maintaining his place of work (position) and average earnings. The minimum duration of vacation is established 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 employees may be granted additional paid leave in addition to the main leave. The basis for their provision is the circumstances that are associated with the implementation of a specific labor function. Such leaves are intended to compensate for the impact of adverse factors on health during the work process. The list of categories of employees who are granted leave of this type is given in Art. 116 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 Far North and equivalent areas.

Certain categories of workers, if their employer belongs to a certain industry (for example, in agriculture, on railway transport etc.), additional leaves are provided on the basis of regulations of the former USSR.

Based on Art. 123 of the Labor Code of the Russian Federation, the priority for granting leave is determined annually and is drawn up in a document in form N T-7 1. Moreover, this document is mandatory for both the employee and the employer.

1 Approved by Resolution of the State Statistics Committee of Russia dated 01/05/2004 N 1 On approval of unified forms of primary accounting documentation for recording 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 work of the organization. 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 transfer annual leave?

Annual paid leave can be postponed or extended in cases established by Art. 124 Labor Code of the Russian Federation. In particular, this can be done in the event of an employee’s temporary disability or the employee performing government duties while on vacation.

The transfer of annual leave can occur due to production needs and at the request of the employee. Leave can be transferred 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 the employee from vacation.

If payment for annual leave was not made on time or the employee was notified of the start time of the vacation later than two weeks before it began, the employer is obliged to postpone the annual paid leave to another date agreed with the employee. This is stated in Part 2 of Art. 124 Labor Code of the Russian Federation. To do this, the employee writes a free-form application. For example:

│ To the Director of Print-M LLC │

│ from sales department manager S.V. Zimina│

│ Statement of consent to postpone vacation │

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

│annual paid leave from the period from 06/14/2009 to 06/27/2009 on│

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

But if the employee himself wants to reschedule his vacation, he must express his desire in writing in the form of a statement.

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

Reasons 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 this case, the duration of the annual basic paid leave cannot be less than 28 calendar days.

In addition to the main paid leave, employees are entitled to various additional leaves for the nature of work, working conditions or for other reasons (for harmful conditions labor, irregular working hours, etc.). The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to the maximum limit (Article 120 of the Labor Code of the Russian Federation).

In accordance with Art. 122 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. In this case, leave for the second and subsequent years of work can be provided at any time of the working year according to the order of provision of annual paid leave established by the given employer. By virtue of Art. 123 of the Labor Code of the Russian Federation, this 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 of the start time of the vacation by signature no later than two weeks before it begins. If the employer has not fulfilled this obligation and has not notified in a timely manner about the start time of the vacation, upon a written application from the employee, he is obliged to postpone the annual paid vacation to another period agreed upon with the employee (Part 2 of Article 124 of the Labor Code of the Russian Federation).

The employer must do the same if the employee has not been paid for annual leave on time. Let us remind you 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.

Please note one nuance: vacation is postponed only if the employee receives a corresponding written application, that is, there is no need to independently contact the employee with information about rescheduling vacation for the above reasons.

But if during vacation the employee fell ill (and he has a certificate of temporary disability), he performed state duties, if for this purpose the labor legislation provides for exemption from work (state duties include, in particular, participation in a court hearing as a juror, witness , expert, translator, referral to military training, summons for questioning to the bodies of inquiry or investigation, to the prosecutor's office as a witness, victim, their legal representative or attesting witness), the vacation is automatically extended. To transfer the remaining days of vacation to another period, the employee must submit a corresponding application (Part 1 of Article 124 of the Labor Code of the Russian Federation).

Let us give an example of such a statement from an employee.

To the Director of LLC "Flowers"

P. O. Gorshkov

Statement.

I was granted annual paid leave from February 10 to February 28, 2014, however, I was sick for 4 (four) days of this leave (from February 18 to February 21, 2014), which is confirmed by a certificate of temporary incapacity for work issued by the State Budgetary Institution "City Clinic No. 37".

Considering the above, based on paragraph. 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.

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

03/03/2014, Sharkov

You will also have to reschedule your vacation when local or other regulations appropriate grounds have been established for this. Thus, if the internal labor regulations provide for the illness of a family member as a basis for extending or postponing annual paid leave, the employer, when an employee submits a certificate of incapacity to care for, for example, a child, must postpone or extend his leave (Letter of Rostrud dated 01.06.2012 N PG /4629-6-1).

Note!In exceptional cases, when granting an employee leave 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, the leave must be used no later than 12 months after the end of the working year for which it was granted.

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

As stated in the preamble, reasons for postponing vacation may arise not only from the employer: the employee may ask for this in an application (for example, for family reasons).

To the Director of LLC "Flowers"

P. O. Gorshkov

From correspondent L. N. Sharkov

Statement.

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

Based on para. 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 to 28 calendar days.

03/03/2014, Sharkov

We prepare documents for transferring vacation

So, as soon as one of the above-mentioned circumstances appears, documented (an employee’s application to postpone vacation, certificate of incapacity for work, notification of the employer about postponement of vacation, 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 leave (from 02/10/2014 to 02/28/2014), correspondent Leonid Nikolaevich Sharkov was temporarily disabled for four calendar days (from 02/18/2014 to 02/21/2014) (temporary disability certificate dated 02/18/2014). 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. Transfer four calendar days of L.N. Sharkov’s vacation to the period from June 16 to June 19, 2014.

2. Accounting department to recalculate vacation pay.

3. The head of the HR department should 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 leave, it must be cancelled.

An order to postpone vacation must be registered in the order established by the employer, for example, in the journal for registering orders (instructions).

The order to postpone the vacation must be familiarized to the employee against signature, and if he refuses, a corresponding act must be drawn up. Additionally, on the order itself, you can make an inscription about refusal to familiarize yourself with the order. Of course, drawing up an act and writing on the order are not provided for by law for such cases, but we still recommend doing this to confirm the refusal in the event of a dispute (for example, about the date of rescheduling a vacation).

Now you need to make changes to the vacation schedule, time sheet and, possibly, to your personal card. Amendments are made to the last document if an entry on the provision of annual leave has already been made in it and the dates of leave change due to the transfer. To adjust the vacation record, in section. VIII “Vacation”, after recording the leave that is being transferred, you should indicate how many days of leave were used, as well as the fact that the rest of the leave was 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), we say the following. Some personnel officers issue a separate order to make changes to the vacation schedule, but we believe that this is not necessary. Especially for recording the transfer of vacation, the schedule provides columns 8 “Base (document)” and 9 “Date of proposed vacation”: they indicate the details of the order to transfer vacation and the new rest period agreed with the employee.

Column 10 “Note” of the vacation schedule can also be filled out by a personnel employee when rescheduling vacation. For example, you can enter the reasons for postponing the employee’s vacation (for example, “The vacation was postponed due to a delay in the payment of vacation pay”). However, since the vacation schedule is almost always checked by GIT 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 transferring leave to an employee. So, if there are reasons for postponing vacation both on the part of the employer (late payment for vacation, failure to notify the employee about vacation at least two weeks in advance, etc.) and on the part of the employee (temporary disability, family circumstances, etc.) and their documentary confirmation an order is issued to postpone the vacation. 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 relating to vacations, as well as their transfer or refusal to provide certain types for some reason. The solution to the issue of a possible refusal by an employer to leave a subordinate depends on the specific situation. General rule states: refusal of a timely submitted and correctly completed application is a violation of the right to rest and is therefore illegal.

But if the employer still refuses leave, what should you do? In the absence of proper grounds for this, his 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. Employees whose work experience in the company exceeds 6 months can take advantage of the right to take legal rest. After this period, the employee may be given a vacation at his request, or he may be included in the vacation schedule for the next calendar year. It is this document that regulates the procedure for providing annual paid leave 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 17. All employees are introduced to the vacation schedule against signature.

Can early leave be denied?

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

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

Who are these same beneficiaries? The right to go on early leave belongs to:

1. For minors.

2. Women going on a “planned” maternity leave.

3. For 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 belongs to the preferential category?

Additionally we're talking about O:

1. Veterans and disabled people of 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 the obligations, of the employer. If he complies with the procedure for granting annual paid leave, the law does not have the right to oblige him to provide an ordinary employee (not a benefit recipient) with rest before completing six months of work experience.

Is it possible to refuse scheduled leave?

For each calendar year, a schedule of planned vacations with the order of their provision 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. Can an employer refuse leave contrary to 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, management is given the right to postpone 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 is legally possible to the next year. But here we should not forget about the prohibition of a two-year period of work without official rest. In addition, vacations for minor workers are not transferred even if they consent.

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

But this does not apply to situations in which subordinates request leave on other dates that are not agreed upon in documents. If an application for leave “out of turn” is submitted without special grounds, this may become the reason for a completely legitimate refusal.

Sometimes we are talking about dividing 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 reach an agreement like this - the manager refuses the vacation, but in return offers to pay compensation in money 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 only allowed for time that exceeds the annual mandatory period of 28 calendar days.

For example, when on vacation lasting 35 days, an employee, at his own request, has the right to receive compensation for a period of 7 days. And, let us remind you once again, such a replacement of vacation days with money can only take place on the initiative of the employee, and not the management.

Leave without pay - 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 work experience. Payment is not saved in this case. To receive one, the employee should send an application to the employer with a request and, most importantly, a request-justification, that is, explain the need for it. Refusal or consent depends on how important the employee’s motivation seems to management.

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

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

2. The limit of days “without pay” regulated by law has not yet been exhausted by them.

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

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 work duties, he is granted the right to annual leave without pay for 14 days.

4. Widows or widowers of those killed in service or as a result of injury, illness, injury that occurred due to a work-related reason. Here the limit is also 14 days.

5. Five days annually must be given 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 guarantees in social sphere possible in separate legislative acts and internal regulations of employing companies. Most often, employees are rarely denied leave at their own expense.

Let's talk about holidays for women

Now we are talking about and concerns pregnant women and young mothers entering 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 child until he is three years old. But in real conditions, the rights of pregnant women and young mothers are very, very often violated.

Can they not allow me to go on another vacation on the eve of maternity leave?

Can an employer refuse leave to a pregnant employee about to go on maternity leave, citing the upcoming maternity leave (and such situations are not uncommon)? It should be clearly understood that such a refusal refers to the most serious violations of labor legislation.

In fact, the fact of pregnancy “works” not for the employer, but for the employee. She becomes a “beneficiary” and can request another unscheduled vacation.

The option of going on maternity leave immediately after the next vacation is completely legal and very convenient for the expectant mother. If management refuses 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 be denied another leave in the most general case (when we are not yet talking about maternity leave). An employer may not allow an adult employee to 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 management refuse to let an employee go on maternity leave?

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

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

Leave for child care, according to general rules, are provided until the child reaches the age of three. Their duration is not necessarily exactly three years. A woman has the right to apply for such leave on any day of the specified period. The vacation ends automatically on the next day (working day) after the baby’s third birthday.

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 (quite modest, in the form of a social benefit) 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 turns three years old. But sometimes, due to family circumstances, she needs to go back on maternity leave. The employer may be against such a decision.

The law determines that such a refusal applies to violations prescribed in the Labor Code social guarantees. That is, by interrupting maternity leave ahead of schedule, a woman is not deprived of the right to go on the same leave again if the need arises.

What refusals are legal?

The bulk of the provisions of labor legislation are aimed at protecting the interests of workers. But it also contains rules that prevent employees from abusing their rights. This includes a list of those situations when refusal of leave by the employer is legal.

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

1. An employee not related to preferential category, leave was requested during the first half of the year of work duties.

2. A properly completed written application (if accepted by the organization) was not submitted on time. There is no need to write an application if vacations are provided according to a predetermined schedule. In this case, it is enough to familiarize the employee in advance - 14 days in advance.

3. If the employee intends to formalize his resignation immediately after the requested leave.

4. If 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 refused, be sure to ask the reasons. Knowing them, you can easily figure out how legal the management’s actions are.

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

Such leaves 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. This is the employee’s first time obtaining an appropriate level of education. What does this mean practically? If a part-time student who does not yet have a higher education is working, he is entitled to student leave. But with the finished higher education he can apply for such only when studying in a master's 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 the session in one of them - at the choice of the student himself.

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

4. It is provided only subject to state accreditation of the educational institution where the employee receives his 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 on the part of the employee, but nevertheless he is denied student leave, the actions of his superiors can be considered a violation of labor legislation, 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 vacation time of each employee 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 carry out work activities during a given period of time. Moreover, if the reason for postponing the vacation is not valid or does not correspond to the interests of the organization, then the employer has the right to refuse to postpone the employee’s vacation.

Features of transferring vacations 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 postpone vacations at all. A prerequisite for rescheduling the vacation schedule for employees is the existence of agreement between the employee and the employer on changing the vacation time.

It is noted that changing the vacation time becomes impossible if a number of circumstances arise. Such circumstances include:

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

Changing the term or time of vacation most often occurs on the initiative of the employee himself, since the vacation schedule is approved in advance, and all employees of the enterprise follow it unconditionally. The reason for changing the schedule for a specific employee must be compelling and respectful, 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 specified in 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 employee. In this case, the employee must prove that he has valid reasons for requesting a postponement of leave - this could be family circumstances or illness.

Experts highlight some of the grounds that require mandatory fulfillment of the employee’s request in full or in part, but the application must be completed within the established time frame and not contain the requirement to “go on vacation starting tomorrow.”

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

An employee’s illness, which is confirmed by a certificate of temporary incapacity for work. Illness of relatives, including children, is not a reason for changing the vacation schedule.
Violation of labor legislation by the employer, consisting in violation of the rights of an employee of the organization.
The employee performs government duties that require release from work. Most often, the main methods of performing 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, at which an employee of the enterprise must be present.
Other circumstances that the employer may consider important for a particular employee if he submits an application.

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

Transferring family leave

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

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

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

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

Transferring vacation to next vacation

The law prohibits transferring vacation to the next vacation, if the next vacation is not part of the next paid vacation, divided into two parts.

In such circumstances, it is possible to postpone vacation, but only if both the employee and the employer agree to such changes, and this will not cause any difficulties or 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:

Notifying employees at least two weeks before the start date of the vacation.
Payment of vacation pay no later than three days before the start date of the vacation.

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

Transferring vacation to next year

Annual paid leave cannot be replaced either by a compensation payment, except in cases of dismissal of employees, or by transferring the rest period to the next year. However, like any rule, this norm has exceptions.

Vacation appointments are regulated 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 carry out 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 clarified 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, due to some serious circumstances, 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 over the next 12 months, as well as combined with the vacation of the next working year in full or in part.

It is impossible to replace a vacation not taken 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 rest days 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 transfer a vacation

The transfer of leave is formalized upon submission of a corresponding application from the employee or upon issuance of an order of the same name, when the date of leave changes at the will of the employer. In this case, only the employer bears responsibility for the unlawful use of the opportunity to transfer vacation without the will of the employees.

Employees of the organization have the right to receive the following types vacations:

Annual basic and additional, which are provided due to the employee completing one working year at the enterprise.
Study leave, which is most often granted to student workers for a session or exams.
Maternity leave, which is leave for medical reasons, which includes periods of rest for the employee in the period before and after childbirth.
Child care leave granted until the child turns three years old. The legislator specifies that the employee can leave it at any time convenient for himself, as well as extend his vacation for a short period.

It is impossible to replace vacation or transfer it to certain categories of employees, as this is prohibited by mandatory legislation.

Such employees include the following categories of citizens:

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

The employer will not be able to change the vacations of such employees even if they apply and request, since this norm labor law is mandatory and subject to full execution in accordance with the law.

Order to postpone vacation

To apply for a transfer of leave, a corresponding application must be received from an employee of the organization or compelling circumstances must arise at the enterprise that preclude the departure of any employee during a certain period. In each case, a corresponding order is issued.

The document must contain the following information:

Name of company.
Information about the head of the enterprise.
Title of the document.
Grounds and reasons for postponing vacations.
Responsibility for rescheduling vacations.
The person who must create an updated vacation schedule if this is not done by the employer.
Signatures for familiarization with the document of all participants in the order.
Date of compilation and signature of the manager.

The law establishes that the employer has no obligation to draw up such an order, however, drawing up such a document may be convenient for the further conduct of business at the enterprise. This way you can avoid confusion and loss. necessary documents, as well as protect both parties from illegal actions.

Application for transfer of vacation

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

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 vacation;
establish a valid reason for rescheduling vacations, 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 the document in two copies, one of which the employee can keep for himself, with the signature of the manager confirming the acceptance of the document for consideration.

Download

You can download a sample Application for transfer of leave in .doc format
follow this link

Download

You can download a sample Order to transfer vacation in .doc format

Going on basic leave is determined by the order established in. The transfer is possible in cases specified in labor laws, as well as with mutual consent of the employer and employee. When can you reschedule your vacation, what should you do if you are on sick leave during your vacation? What documents need to be completed to reschedule the main vacation? The article provides step-by-step instructions for the actions of the employee and the employer to transfer the vacation period, and also offers forms and samples of filling out documents that both parties need to fill out - an application to postpone the vacation and an order.

See the calculator for calculating vacation pay.

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

Step-by-step registration instructions:

The employee’s writing or consent to this action;
Preparation by the employer of an administrative paper on the transfer;
Introducing changes to the current T-7 schedule;
Making changes, if necessary, to personal card employee T-2.

Read more about each step in the article below.

To properly process 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 devoted to the transfer of the vacation period. This article defines a list of cases when the employer is obliged to postpone the rest period.

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

In 124 art. The Labor Code of the Russian Federation stipulates cases of possible transfer of the vacation period to another period. The initiative can come from the employee or the employer.

Reasons for postponing vacation at the employee’s initiative:

An employee is on sick leave - if the employee is on vacation at this time, the vacation is either extended or postponed. Transferring leave 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 transferred only if it is open due to the disability of the vacationer himself, and not of his family members;
Carrying out government labor duties during vacation;
When the right to work becomes available while you are on your main leave, you can either interrupt your work leave and then transfer it to another period, or take it off until the end and apply for maternity leave 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 about the beginning of this period 2 weeks in advance, then the employer, at the request of the employee, is obliged to arrange a postponement for a period agreed upon by the parties , as a rule, family circumstances of an unplanned type are indicated as the reason;
Other cases that are specified in legislative acts and are also established by the employers themselves through internal local documentation.

Reasons for postponing vacation at the initiative of the employer

The reason for making changes to the schedule can 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 on a well-deserved rest due to a threat to the normal operation of the enterprise (the employee’s consent to postpone the vacation period is required) - it is important that the postponement of leave due to production needs is carried out for a period no later than 12 months from the expiration of the working year for which leave must be granted.

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

When is vacation rescheduling not possible?

Failure to provide basic paid leave is prohibited:

for two consecutive years;
failure to provide access to minors (under 18 years of age);
workers in unfavorable conditions (harmful and dangerous).

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

For the first time a violation is detected - 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 the vacation schedule;
Recording the corresponding entry in your 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 his intention or agreement to postpone the work holiday to another period. Sample statements for various reasons for transfer can be downloaded below for free.

Depending on the reason for the transfer, the content of the text of the application may change; 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 (information about the employer), from whom it is drawn up (information about oneself), name and title, signature and date.

Reason for transfer	What to write in the text of the application
Sick leave for an employee during vacation	A personal request to reschedule leave due to sick leave, indicating the reason and the desired duration of the work holiday. The application contains the details of the certificate of incapacity for work, the original sick leave certificate is attached to the application.
Fulfilling government duties during the vacation period	A personal request for a transfer, containing the reason, start and end date of the postponed vacation. The appendix provides details of the document confirming the fulfillment of these duties.
Vacation pay not paid on time Leave not provided on time The employee was not notified of the start date 2 weeks in advance	Please reschedule your vacation, indicating the reason and desired dates limiting the period of provision. No documentary evidence is required to be attached to the application.
Initiative of the employer due to production necessity	Consent to the transfer indicating the first and last day rescheduled vacation as agreed by the parties. There is no need to attach documents.
Employee initiative (personal and family circumstances and desires)	A request for a transfer indicating a valid reason; if there are documents confirming the reason, they must be attached. Rescheduling leave for family reasons is possible if the employer considers the reason important enough and agrees to make changes to the T-7 schedule.

Sample order to reschedule vacation

The second step step by step instructions to formalize the transfer of the vacation period is the formation of an administrative document based on the employee’s application.

An order is mandatory document with the order of the manager, on the basis of which the transfer and amendments to the T-7 schedule are carried out.

The order can be issued in free form; there is no standard form provided. Approximate sample You can download it for free just below in word.

What needs to be included in the transfer order:

Company name (you can draw up the document on the company’s letterhead);
Document title and title;
Publication date;
Number assigned upon 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 postpone 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 dates of the transfer will be determined later based on an application from the employee;
Details of the document grounds for the formation of the order - employee application;
Approving signature from the head of the company;
An introductory signature from the employee whose vacation is to be transferred to another period.

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

Sample order to reschedule vacation (in connection with the employee’s sick leave).

Changing vacation dates in the vacation schedule

Schedule T-7 is a form in which vacation periods for all employees are distributed. If the period of rest for any employee changes, then changes must be made to the T-7 form.

Vacations: taken into account in the schedule

Labor Code on transfer

Is it possible and how to transfer vacation to the next year according to the Labor Code of the Russian Federation: how to carry out such a transfer?

We arrange a transfer of vacation

December 13, 2016postponement of employee leave

Transfer of leave at the initiative of the employee in 2018

Reasons for postponing vacation

Transferring vacation to next year

Transfer of leave how many times an employee can transfer

Stage 2. Approval of the Order

Stage 3.

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

3. Transfer time

How to take leave at the initiative of an employee - stages of the procedure

Stage 1. Completing a personal statement

How can I reschedule my vacation?

Changes in the vacation schedule (2018)

Can an employer refuse to transfer their vacation to another date for all employees?

We arrange 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

Unscheduled vacation

Another comment on Article 124 of the Labor Code of the Russian Federation

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

Regarding the regulatory framework

Can only annual rest days be rescheduled?

Instead of output

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

Registration of the procedure

When can an employer offer to postpone vacation?

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

When is it not permissible to postpone a vacation?

How to issue a recall from vacation or its transfer?

Reasons for postponing vacation

We prepare documents for transferring vacation

Order

Summarize

How is annual leave granted?

Can early leave be denied?

Who else belongs to the preferential category?

Is it possible to refuse scheduled leave?

Some nuances

Instead of rest - compensation?

Leave without pay - sample and important nuances

Let's talk about holidays for women

Can they not allow me to go on another vacation on the eve of maternity leave?

Can management refuse to let an employee go on maternity leave?

What refusals are legal?

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

Transferring family leave

Transferring vacation to next vacation

Transferring vacation to next year

How to transfer a vacation

Order to postpone vacation

Application for transfer of vacation

Download

Download

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

Reasons for postponing vacation at the initiative of the employer

When is vacation rescheduling not possible?

How to transfer a vacation - step-by-step instructions

Sample application for transfer

Sample order to reschedule vacation

Changing vacation dates in the vacation schedule