The employer forces you to include weekends in your vacation. Is the employee required to go on vacation?

Employees of organizations are entitled to various types of vacations. Each of them can be of a certain duration. Leave is granted according to the order of the institution. And the basis for its release is the employee’s statement. Consider for annual leave.

How many days in advance should you write?

The time frame for writing an application for the next vacation varies from three days to two weeks. What is this connected with? The defining factor is the scale of the enterprise. So that every employee can rest, and the company does not lose its workforce, the human resources department must draw up a vacation schedule for the next year. Two weeks before the deadline approaches, the HR department employee is required to notify the employee in writing. Next, the latter writes an application for annual leave, on the basis of which an order is issued and vacation pay is paid.

You can write an application three working days before your legal holiday. This period of time is necessary for the accounting department to have time to accrue vacation pay.

Sample applications for annual leave should always be kept in the HR department.

How to write correctly?

The application can be written either by hand or printed on a computer. The document form is as follows:

A cap. In the upper right corner you must indicate to whom and from whom the application is being written. The employer's position, his last name, first name, patronymic, and name of the organization are written down. The applicant indicates his details and place of work.
Title. In this case - a statement.
Text. It must contain a direct appeal to the manager for the next annual leave, its start date indicating the period. If this is another type of leave, the reason for granting it must be indicated.
Date, signature.
Coordination. On the application, if this is provided for in the company’s document flow, the immediate supervisor signs a visa, which means approval of the requested leave.

An employee can also divide the rest days into parts and take the first half of the next vacation in one period, and the second in another. This must also be documented. Sample applications for annual leave are presented in the article.

Unpaid leave. Transfer

An application for unpaid leave is written when the main one is still far away, and the employee needs to resolve some issues. The form of address itself is practically no different from the previous one. Only the text changes. Here you need to indicate the reason why unpaid leave is required. You can indicate a general one - for family reasons, or you can also indicate a specific one - in connection with departure, in connection with preparations for a child’s event, etc.

The employee must remember that those days for which time off is provided are not paid by the company.

If an employee wishes to postpone the established date of annual leave, he must agree on this fact with management and also write a corresponding application. Its shape is the same as shown above. It is better to indicate the clear reason for the transfer in the text of the appeal, so that the application is approved and signed by management. This could be combining a vacation with a spouse, purchasing a voucher, family circumstances, etc.

Sample applications for annual leave with a postponement of the date, as well as for unpaid leave, are presented in the proposed material.

Additional leave

Additional leave is regulated by Article 116 of the Labor Code of the Russian Federation. In some cases, the employer, under the terms of the collective agreement, provides it to certain categories of employees. But there are positions for which additional annual leave is required in addition to the main annual leave. These include:

judicial officers, internal affairs officers, rescuers, astronauts, military personnel;
construction workers;
workers extracting minerals (salt, ore, shale) and transporting them;
metallurgical workers;
employees of electricity supply companies;
professional athletes and coaches;
workers of the Far North and persons who may be exposed to radiation;
municipal employees.

The fact of providing additional leave must be specified in the company’s internal regulations and in the collective agreement. How should additional vacation be paid? Annual, it is provided by the employer in the same manner as the main one. And also paid.

In addition, if an employee does not want to take additional vacation, he can write for unused vacation exceeding 28 calendar days.

The vacation schedule is mandatory for the employer and employees. However, situations often occur when employees ask to transfer vacation days to another period. The decision to transfer is made by the manager.

The schedule of annual paid vacations is approved in advance, and the employer takes into account the wishes of employees and the dates they choose for rest. However, sometimes employees, for personal reasons due to circumstances that arise, want to change the planned vacation period. Experts from the magazine “Actual Accounting” told us what an employer should do in such a situation and what documents need to be drawn up.

The employer makes the decision

To go on unscheduled vacation, an employee must write an application in any form (for an example of an application, see Fig. 1). It must indicate the new start date of the vacation and the reasons for its postponement.

The employer confirms his consent to the postponement of leave by affixing the “I do not object” resolution and his signature to the employee’s application. If the company has structural divisions, the application must be signed first by the head of the division, and then by the head of the company (Instructions approved by the State Statistics Committee of Russia dated 04/05/2001 No. 1).

We prepare personnel documents

The vacation schedule form T-7 (approved by the State Statistics Committee of Russia dated 04/05/2001 No. 1) provides for the possibility of transferring vacation to other dates. If the employee’s vacation period changes, the personnel officer (or the person responsible for maintaining personnel documents) fills out columns 8 and 9 “Transferring vacation.” In column 8 you need to indicate the name of the document on the basis of which the rest period is changed. As a rule, this is a statement from the employee indicating the reason for the transfer (health status, family situation, etc.) with the necessary documents attached: a certificate of incapacity for work, a summons or invitation from the court or other documents confirming the presence of special circumstances. In column 9 you need to indicate the date of the proposed vacation. The reason why the vacation is postponed can be indicated in column 10 “Note”.

For an example of entering data on transferring vacation, see Fig. 3 (data from Fig. 1 and 2 were used).

In the personal card in the T-2 form, in the record of the vacation that is being transferred, you should indicate how many vacation days were used. As a basis for making such an entry, it is necessary to reflect the details of the order to postpone the vacation. For an example, see Fig. 4 (data from Figures 1 and 2 were used).

Expertise of the article: Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

Opinion 1:

Irina Shcherbinina, head of the department of legal support for the activities of subsidiaries and affiliates of the legal department of the company Gazprom Neftekhim Salavat

The employer may refuse to transfer

Suppose an employee wrote a statement in which he expressed a desire to go on vacation outside of the schedule, but did not meet with understanding from the employer. What should an employer do about this? Is he obliged to explain to the employee the reasons for his disagreement?

When answering these questions, you must proceed from the following.

Firstly, when drawing up the schedule, both the production capabilities of the employer and the wishes of the workers themselves were taken into account, that is, the schedule is the result of an agreement reached by both parties to the labor relationship.

Secondly, and more importantly, after its approval as a local act, the schedule acquires the force of a document mandatory for both the employee and the employer.

If a person wants to go on vacation not according to schedule, but the employer does not recognize the reason for the postponement as valid or does not have the production ability to release the employee during this period, we believe that in this case the employer is not bound by any obligations and does not have to explain the reason for his disagreement, give written refusal.

It will be enough for the employer’s representative (manager or his deputy) to apply a laconic resolution “I do not agree” to the employee’s statement, without going into other production issues. At the same time, employees must remember that unauthorized use of vacation, as well as its transfer without agreement with the employer, is legally qualified as absenteeism and may become grounds for the employer to apply disciplinary action to the employee.

Opinion 2:

Irina Sidorova, financial consultant at the Nalogovik law firm

If the employee came in the middle of the year

The vacation schedule is drawn up in advance, so if an employee did not start working for the company from the beginning of the year, there will be no data about his vacation in the schedule for the current year. However, this cannot be a reason for denying a new employee leave. He has the right to write an application for leave and, if the employer gives his consent, take it off at a time convenient for himself and the employer. The visa of the head of the enterprise on the application will be confirmation of the agreement reached on the vacation period.

The need and procedure for making changes to the vacation schedule are not defined by law. If the employer decides to change the vacation schedule, then this should be done in the same order as the main schedule was approved. It is advisable, with a certain frequency, to draw up an additional schedule to the main approved vacation schedule using the same T-7 form, including newly hired employees who did not start working for the company from the beginning of the year.

Employees often have a question: The Labor Code states that every employee has the right to rest. This is reflected in Articles 2 and 107 of the Labor Code of the Russian Federation, which describes the procedure for providing annual paid leave. The duration of such rest is generally 28 calendar days in accordance with Article 115 of the Labor Code of the Russian Federation. But when exactly can you take vacation under the Labor Code of the Russian Federation?? Let's consider this topic in detail.

There are options

There is no clear answer to this question. Vacation time is determined in each case individually.
The employer calculates the intensity of the workload and selects the time that is convenient for him in terms of continuity of the work process. If the company has a large staff, then replacing an absent person will not be difficult.
Vacation can be:

regular - according to the drawn up staffing table and extraordinary;
paid or at your own expense;
provided for previously worked time;
additional and basic.

The law does not stipulate specific dates, but periods during which the employer is obliged to provide the employee with mandatory rest. Usually this is once a year. But it is also possible to split the vacation into parts, one of which cannot be less than half of the entire vacation. Respectively, when can you take a vacation agreed upon by employers and employee.

Another vacation on schedule

Any organization that uses hired labor must have a vacation schedule. It must indicate the approximate dates or at least the month of the next vacation for each employee, when can you take a vacation.

The manager or his authorized employee decides when can you take a vacation to a specific employee. But at the same time, the employee’s opinion must be taken into account. Usually a compromise is reached, since the employee understands that certain professions have their own nuances that may interfere with rest at a certain time.

EXAMPLE
Accountants prepare and submit reports on dates strictly defined by law. During this period, they have a particularly increased workload. The rest of the time the work is not so intense. Therefore, it is unlikely that the boss will allow the accountant to go on vacation in March, when the annual balance sheet and reporting of the entire enterprise is formed.

The vacation schedule is drawn up in such a way that a large number of employees are not absent from work at once. Of course, everyone wants to relax in the summer, but in practice this is impossible.

There is also the possibility of taking unscheduled leave. For example, no time off for the past year. The employer has the final say in this matter. If there is a “window” that will allow you to do without an employee during this time, then there should be no problems. Also see "", "".

Legal rest time

Article 122 of the Labor Code of the Russian Federation states that a newly arrived employee has the right to rest 6 months after employment. And if an employee is under 18 years of age, he can request leave earlier. Therefore, formally the question is when can you take leave under the Labor Code?, does not stand in front of him. Also keep in mind that you can take vacation even if you are working under a fixed-term employment contract. Cm. " ".

The employer must pay vacation pay at least 3 days before the start date of the vacation. But in the case of granting vacation at the employee’s request, this rule may be violated if the latter warned the employer only a day or two before the start of the vacation. In such a situation, a fine may not be assessed, but compensation for the delay in vacation pay (regardless of the employer’s fault) will have to be paid. In accordance with Article 236 of the Labor Code of the Russian Federation. You can read about the calculation of compensation for late payment of wages in 2016 in the article “”.

Got a new job that you've been dreaming about for so long? Working days flow one after another, gradually adding up to weeks and months. And now is the time to think about your vacation. Naturally, every person who works officially has a natural question about how much work they need to do to go on vacation, and also, if there are any exceptions. Indeed, these aspects of vacations for employees of enterprises in Russia are regulated by current legislation.

In this article we will tell you in detail exactly when an employee is entitled to the first leave after being hired in accordance with the articles of the Labor Code of the Russian Federation. We will also give valuable recommendations that we hope will be useful.

Vacation No. 1 from a legal point of view

The provisions on the rules for granting leave, as well as the rights and obligations of employees and employers, are described in detail in the articles of the Labor Code. If we talk exclusively about the first leave, the procedure for granting it is disclosed in Article 122. Next, we will look at the main points that should be paid attention to.

When is vacation due at a new job?

If you just got a new job, then according to part one of Article 122 of the Labor Code of the Russian Federation, vacation is due already in the first year. This norm states that every subordinate has the right to receive leave from the employer during each year of his professional activity. In other words, the employee has every legal basis to request vacation from his company in the first year of service.

It is important to note that almost all categories of workers receive the right to leave. The only exceptions are those who work under civil law agreements. Such documents include contract agreements and a number of others.

The term vacation itself should be understood as uninterrupted rest for a certain number of days, during which the employee retains his job, salary, etc.

The second part of Article 122 of the Labor Code of the Russian Federation states that an employee automatically receives the right to leave after completing six months of service without breaks with the same employer. Simply put, if you have already worked for exactly six months, you have thus earned your right to legal rest. However, the law does not say when exactly it must be provided. That is, you can get it immediately after six months of work or some time after that. But no later than the expiration of one year from the date of commencement of work in this organization.

Labor lawyers recommend discussing this point with the employer immediately upon applying for a job. It’s good if it is specified in one of the clauses of the employment contract, which is signed with your superiors. Experts also note that providing leave after six months of work is the responsibility of each employer. Therefore, no one has the right to refuse this.

Chances of vacation before 6 months

Yes it is possible. The second part of Article 122 of the Labor Code of the Russian Federation says that the employer can provide leave earlier. It is important to understand that in most cases this decision can only be made by the head of the enterprise himself. That is, there is no reason to demand the first vacation from him until the person has worked continuously for the first six months. Unless, of course, the employee is one of the persons named in part three of Article 122 of the Labor Code of the Russian Federation.

When to go on vacation should be before 6 months

Indeed, the Labor Code determines that some categories of employees have the right to leave even before the expiration of six months from the start of their work at a given enterprise. Namely:

women before or immediately after maternity leave;
minors (under 18 years of age);
adoptive parents of minors under three months of age.

Other exceptions to the general rule are possible if they are stipulated by federal laws.

Debut vacation: how long to rest?

The duration of rest, as agreed by the parties to the employment contract, can be 28 calendar days. But in practice, its duration may depend on a large number of different factors. Therefore, it is also better to agree on this point when applying for a job at the company.

The vacation period is a long-awaited time, but situations may arise when the employee himself refuses to go on vacation, having good reasons for doing so. But it is important for the employer to maintain a delicate balance between satisfying the wishes of the employee and labor legislation.

The right to rest must be strictly implemented, but the Labor Code contains some aspects that make it possible to defer this right or replace it partially with a monetary equivalent.

The relationship between the parties to the employment contract is regulated by law. Providing vacations is not a right, but an obligation of the employer, which means that the employee is obliged to take advantage of it.

The Labor Code establishes that all employees must receive a long rest period every year. Article 114 of the Labor Code of the Russian Federation determines that during the absence of an employee who is on regular annual leave, his job is retained. Since rest time is provided by law, it must be paid for. Compensation for the vacation period is calculated based on the average salary of the employee, calculated for a year or less.

Rest time is also standardized by the Labor Code; it is determined by a mandatory minimum of 28 calendar days. The employer does not have the right to reduce the mandatory period, but he can increase it by any number of days based on his own considerations. The main thing is that the increase is recorded in local internal documentation and paid according to the same rules and criteria as the mandatory minimum.

In addition to the indicated 28 days, many categories can count on a legal increase due to special work schedules and working conditions.

Mandatory compliance with the vacation schedule

To ensure timely provision of vacation periods to all employees, special schedules are drawn up. They are prepared by employers annually as a plan for the next calendar year. According to the law, the schedule must be drawn up before mid-December of the current year, and its absence entails administrative punishment for the organization as a whole and those officials who did not ensure its preparation in particular.

The schedule is drawn up by reaching a mutually beneficial agreement between the company management and the hired persons. For the director of an enterprise, it is not very important who goes on vacation and when, the main thing is that the continuity of the production process is maintained. A correctly drawn up sequence makes it easy to solve problems with temporary replacements for absent employees and build work processes without loss of quality and speed of production.

The schedule drawn up for the next year is not an immutable document. It can be supplemented, partially changed or even completely redone. Of course, planning everything for a year in advance can be quite difficult, and many personal and production nuances can affect previously made plans.

You can change the start and end times of rest either at the initiative of the employer or at the request of the employee.

Employers are more limited in this right, since they need compelling reasons to make changes, but employees can initiate changes with greater ease, citing family circumstances or other reasons. Therefore, although the schedule must be observed, this does not mean that it cannot be changed if the parties to the cooperation have reached an agreement on this matter.

Is it possible for an employee to refuse leave?

Many employees are sure that they don’t have to go on vacation if they don’t feel like resting or if they are counting on monetary compensation for the days they didn’t take off. On the one hand, it is obvious that if an employee did not have the opportunity or desire to rest, then he should receive monetary compensation for the time he did not take off. Thus, a person does not lose wages and receives additional compensation for the days of vacation required by law. But on the other hand, not everything is so simple.

Let's look at those groups of working people for whom it is impossible to refuse vacation at all. Minor employees, as well as pregnant women, cannot replace all or at least part of their vacation with money. These categories are required to fully rest, and therefore, even if they have their own initiative, they cannot receive compensation without taking the required days off. Another special category is employees who are employed in jobs with harmful or dangerous working conditions. In addition to regular vacation periods, they are also entitled to additional ones. Additional leave is specifically given so that they can restore the reserve of lost health, so compensation for them is prohibited.

All other workers can refuse to take those days that they are entitled to in excess of the mandatory minimum of 28 days. Article 126 of the Labor Code of the Russian Federation states that, at the request of the working citizen himself, expressed in writing, all days exceeding the legal minimum can be compensated. Moreover, this can be done regularly every year, without restrictions. But you will have to take the mandatory minimum time off in any case.

What to do in case of refusal

In some cases, employers do not know how to properly respond to an employee’s refusal to go on vacation. In case of refusal, the first thing you should talk about with the employee is the reasons that prompted him to make such a decision. Most often, it’s not so much about a complete refusal to rest, but rather about the inability to take advantage of it during a period strictly established according to the schedule. It is possible that the person simply wants to reschedule his vacation. If we are really talking about financial difficulties that the worker wants to solve by receiving compensation, then the employer is obliged to appeal to the legislative framework, justifying his decision.

It should be remembered that the time for exercising the right to annual rest is selected based on the agreement reached between the parties to the labor process. Neither the employee nor the employer can make such a decision alone, and accordingly, it is also impossible to make changes to the schedule.

When an employee approaches the management of an organization with a request to refuse leave, he cannot count on his request being granted with a 100% guarantee. The leader, first of all, complies with the rules of the law. The Labor Code contains a clause that the vacation period can be postponed to the next year, but must be implemented within two years.

Under this exception, the manager may extend the vacation period to the next year and allow the employee to continue working if the request is justified and the organization's activities will not be affected in any way by such a decision.

Notifying an employee about an upcoming vacation

The procedure for granting leave is regulated step by step and does not end with drawing up a priority schedule. The employer is obliged to correctly register the vacation period of each employee.

Article 123 of the Labor Code of the Russian Federation establishes that the management of the organization must ensure timely notification of vacationers about the start time of their vacation.

A whole procedure has been developed for this:

HR department employees are preparing a notification about the imminent start of vacation.
The notice is given at least two weeks before the start of the holiday.
The employee reads the notification and puts his signature on the document.

Violation of the notification procedure or failure to comply with notification deadlines allows employees to change the start time of vacation at their discretion. Lack of notification does not mean that the employee will not go on vacation as scheduled, but it gives him the right to do so. And if the vacationer himself wants to postpone the vacation to another time, then the employer will be obliged to meet him halfway.

Possibility of transferring vacation

A hired person cannot refuse to rest at all, but he is quite capable of transferring vacation from one period to another.

When transferring, it is important to consider the following aspects:

Changing the time should not negatively affect other employees and their plans, that is, you will have to adapt to an existing schedule and look for free periods or change with someone.
The management of the organization can either completely refuse the transfer or offer their own options.

In any case, changing the previously scheduled time will only be possible with the agreement of all parties.

The transfer is initiated by the employee using an application submitted to the director of the organization. If the decision is positive, an order is issued to replace one period with another. Based on this, personnel employees make changes to the priority schedule and the employee’s personal card.