Dividing vacation into parts
Dividing vacation into parts (Labor Code of the Russian Federation, Article 125) is possible by agreement between the employee and the employer. Moreover, at least one of the parts cannot be shorter than 14 days. Consequently, the remaining period can be divided into any number of parts. For example, an employee can rest for 14 days for the first time, and after some time take two more vacations of a week each. Note that the Labor Code does not prohibit taking even 1 paid day off, and the employer cannot establish rules at the enterprise limiting the minimum duration of rest. After all, according to Article 8 of the Labor Code of the Russian Federation, the employer cannot adopt local regulations containing norms that worsen the rights of employees, in comparison with those contained in labor legislation.
However, in practice, employers are extremely reluctant to divide the rest into periods of 1 to 5 days, since this involves paperwork. In addition, when drawing up a schedule, the employer assesses the production need for a particular employee in a specific period of time, and frequent and short rest periods can negatively affect the company’s work. In many organizations, during the absence of a particular employee, it is necessary to appoint a replacement for him, which also complicates the procedure for registering a vacation. In particular, such difficulties occur in organizations whose functioning is possible only if there is an established quorum. For example, various expert commissions.
Do I need to write a statement?
As mentioned above, staff vacations are planned in advance. The dates of all parts are indicated in schedule T-7. All workers are introduced to this schedule upon signature.
That is, the employee sees in the schedule how the employer wants to divide his vacation next year, and if he agrees, he signs the introductory sheet.
If he disagrees, he can reasonably object.
When drawing up a schedule, the employee does not need to write a statement to agree with the proposed division.
If the rest dates change, the employee will need to prepare an application either requesting changes or agreeing to adjustments justified by the employer’s reasons.
The application serves as the basis for drawing up an order to amend the vacation schedule.
How to apply correctly?
The contents of the form depend on whose initiative the division of annual paid leave takes place.
If the initiator is an employee who wants to break up his vacation in a way convenient for himself, then he contacts the employer and indicates in the application:
- Full name of the addressee;
- your full name;
- name of the form;
- request for division - the number of parts into which the rest time is divided, their duration in calendar days, specific dates for the start of the rest are indicated, and, if necessary, the rationale for such a request is given;
- for greater persuasiveness, you can refer to Article 125 of the Labor Code of the Russian Federation, which states that annual leave can be divided into parts;
- details of documents attached to the application, if any;
- signature and date.
The applicant must understand that the employer retains the right to refuse the request.
Article 125 of the Labor Code does not oblige the management of the organization to divide the rest as the employee wants. It only talks about the possibility of separation, which means that this procedure must take place by mutual agreement.
In the case where the initiative for separation is expressed by the employer due to production or other reasons, then in the application the employee writes:
- Full name of the addressee;
- your full name;
- name of the form;
- a phrase stating that this statement is being written in response to management’s proposal to divide the annual vacation;
- agreement or disagreement with the employer’s proposal;
- signature and date.
The employee can also refuse the dates offered by the employer.
The parties must come to a mutual agreement; this is exactly what labor legislation requires of them regarding the division of vacation time.
Below is a sample application that you can use to complete it. If necessary, changes can be made to it.
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A useful video that will tell you when and how you can divide your annual paid leave:
How to apply
No later than two weeks before the start of the new year, the company draws up a vacation schedule. The employer approves this document taking into account the opinion of the staff and the production needs of the enterprise. It is not necessary to familiarize staff with this document, but some enterprises prefer to do this with a signature in order to avoid misunderstandings.
The division of rest must be agreed between the employee and the employer. This fact must be documented. Often employees write a corresponding statement addressed to the manager. A sample form is provided below.
At least two weeks before the start of the vacation, the employer sends the employee a corresponding notice, where he must mark the acquaintance.
If an employee wants to be given an unscheduled break, he must write a corresponding application. In some cases, the manager may meet halfway and sign the statement.
The fact that the employee is on vacation must be reflected in the report card. For this, the code “OT” or “09” is used.
Is an employee required to share vacation at the request of the employer?
Quite often, due to the specifics of the company’s activities, the manager cannot allow the employee to rest for 28 days in a row. In such cases, unscrupulous employers try to force the employee to divide this period into parts. However, they have no legal grounds for this, since this contradicts the norms of the Labor Code of the Russian Federation, as well as the explanation given in the Letter of Rostrud dated July 17, 2009 No. 2143-6-1.
As for days off that fall during rest periods, the employer does not have the right to force the employee to include days off at this time. For example, when an employee wrote an application for the period from April 2 to April 6, that is, from Monday to Friday. In fact, he will rest for 7 days, but he will only be paid for 5 days.
If an employee divides his rest time into several parts that run in a row, but do not include weekends or holidays, it is highly likely that the employer will not sign such a statement. For example, if there are two applications: from April 2 to April 6 and from April 9 to 13. HR specialists will ask you to rewrite the application and include days off.
Is a breakdown allowed according to the Labor Code of the Russian Federation?
The division of paid annual leave is legal if a person is officially employed with the conclusion of an employment contract.
If the employer has entered into a civil contract with the hired person, then there is no right to vacation and, accordingly, to its breakdown.
Vacation time must be divided in accordance with Article 125 of the Labor Code of the Russian Federation; it is this article of the Labor Code that allows the parties to divide 28 days into convenient parts and establishes certain rules that must be followed in this procedure.
The Labor Code of the Russian Federation speaks of only two conditions that need to be taken into account:
- the division must be carried out so that one of its parts is at least 14 calendar days;
- the process must be mutually agreed upon by the parties to the employment contract (employee and employer.
The legislation does not contain any additional explanations, so the following main conclusions can be drawn:
- Splitting annual leave is permitted.
- The number of component parts can be any, since there are no restrictions in the labor code.
- One of the shares must be at least 14 days.
- The remaining parts can be of any length.
- The employee and employer must agree to the breakdown.
Can annual paid leave be divided into 4 equal components?
It is possible to divide the duration of annual leave into 4 parts , but can they be of equal duration?
To do this, again you need to refer to Article 125 of the Labor Code of the Russian Federation, which clearly states that one of the components must be 14 days or more.
If all 4 parts are equal, then, taking into account the conditions specified in the Labor Code, it is necessary to have a total duration of annual leave of 56 calendar days (14 * 4), however, according to the law, in the standard case, the employee can only count on 28 days.
Consequently, annual leave cannot be divided into equal parts.
If there is an intention to divide vacation time into 4 parts, then one of the components will be 14 calendar days, the remaining 3 parts will account for the remaining 2 weeks.
Their division can be carried out in a way that is convenient for both parties.
For example, it is very convenient for an employee to break it down this way: 5 + 5 + 4. That is, take rest only on working days, while in fact the employee will have almost three weeks of rest.
The given example of breakdown is quite acceptable, not prohibited by law, the only thing that needs to be ensured is the consent of management.
Does an employer have the right to split vacation time without the employee’s consent?
Dividing vacation time into several parts is possible only by agreement of the parties .
This rule is spelled out in the Labor Code of the Russian Federation, and it means that there must be the consent of not only the employer, but also the employee.
If one of the parties is against, then a split is not possible.
It is necessary to reach a mutual agreement and propose an option that will suit both parties.
By law, an employee has the right to use all 28 days at once without division.
However, this is not always convenient for the employer, so the latter tries to reduce the time of absence through separation.
However, it is important not to overdo it in this case; splitting the leave without the consent of the worker may lead to the latter filing a complaint with the Labor Inspectorate.
The employer has the opportunity to protect itself from possible problems in this matter - to prescribe in the employment contract with the employee how exactly the vacation will be divided.
By signing an employment contract, a person thereby immediately agrees with the proposed option for using annual paid leave and has no right to refuse later.
Registration according to the Labor Code
The procedure for dividing labor rest can be done in two ways:
- Agree in advance on the duration of each part when drawing up a vacation schedule.
- Divide vacation time during the working year based on the employee’s application.
In each of these cases, the design will be different.
If the rest time is divided at the stage of developing the T-7 schedule, then the following documents need to be completed:
- notification from the employer - if the initiative comes from management;
- statement from the employee - may contain either agreement with the proposed division option in the employer’s notification, or your own version of the division;
- order from the manager - the agreed upon division option is fixed;
- adding approvals to the schedule for the next year.
If the vacation is divided during the working year, then the procedure can be drawn up on the basis of documents:
from the employee, which states the desire to use several days of rest as vacation;
statement- an order from the employer to provide rest in the T-6 form if management agrees.
Any number of such applications can be issued.
Theoretically, annual vacation can be divided into 15 parts - 14 cal days plus 14 parts of one day each.
If the parties are not against this type of breakdown, then it is also possible, since there is no direct prohibition in labor legislation.
How to submit a notification?
The notification paper is drawn up by the employer if the separation process is agreed upon in advance when drawing up the annual schedule of priority for taking paid leave.
The form of preparation is arbitrary , it is possible to submit it on company letterhead.
At the top of the text, the address where the proposal is intended is indicated.
Directly in the text there is an option for dividing vacation time , indicating the duration of each part.
It also explains exactly how the employee must respond to the proposal - sign on the notification form as a sign of agreement or disagreement , write a response letter with his decision, or in another way.
It is also possible to indicate deadlines by which the worker must respond.
notification about dividing vacation into 2 equal parts – word.
Sample application
If the employee agrees with the proposed option in the notification, he can respond by writing a statement of his consent.
The text provides a link to the notification paper , in response to which the document is drawn up.
It also explains what exactly the applicant agrees to.
The paper is signed, dated , and then transferred to the personnel department or immediate superior.
The employee’s application serves as the basis for drawing up a final order on how the employee’s paid leave will be divided.
statements of consent – word.
If the initiative to break it down comes from the employee, then he should draw up an application addressed to the manager with specific proposals on how his main paid leave can be broken down - the duration of each part and the time frame.
Applications for the option of sharing vacation time – word.
Example of an order
The next step after receiving consent from the employee in any form is drawing up an order. It consolidates the decisions made regarding the method of dividing the annual duration of rest.
At the top it is indicated that the basis is Article 125 of the Labor Code of the Russian Federation and the employee’s statement; the purpose of issuing the order may be indicated - to ensure the competent distribution of employee vacation time during the year.
The administrative part provides specific terms for the parts - duration in calendar days, starting and ending days of vacation periods. The responsible person is also instructed to enter the data into the schedule.
order for division of leave – word.
