Order to cancel vacation: sample how to cancel due to production needs

There are different situations in which the head of an enterprise has to issue an order to cancel vacation for a specific employee. This does not mean that the employee loses the right to receive annual paid holidays. Such a vacation cannot be completely canceled. It is postponed to another time. This is done on the basis of an order. It is important to know when vacation cancellation is possible, how an order is issued, and what to do with accrued funds.

Conditions for cancellation and transfer of vacation

At least 2 weeks before the start of the next calendar year, any employer draws up and approves the vacation schedule for employees. This is obligated by Art. 123 Labor Code of the Russian Federation.

After approval of the schedule and familiarization of employees with it, further changes are generally not desirable . After all, the schedule is formed both taking into account the desires and capabilities of all members of the workforce, and taking into account production plans.

Also see ““.

But in practice, of course, there are situations when an employee cannot go on vacation as scheduled. In this case, it is permissible to postpone or cancel the vacation. Although, in fact, taking a vacation is also a kind of obligation, it is more appropriate to talk about postponing it. Then, on the dates specified in the schedule, vacation is canceled, and then the employee still takes it at another time.

Cancellation or postponement of vacation is possible:

At the initiative of the employer (usually this occurs due to production needs).
At the initiative of the employee (in this case, the employee indicates the reason for the transfer in the application).

IMPORTANT!
Cancellation or postponement of vacation at the request of an employee is the good will of the employer. He can meet you halfway, but he is not obligated to do so. The exception is situations when:
is incapacitated for work at the time of writing the application (sick, injured);
the employee, during the period of annual leave, performs government duties for which the leave must be postponed;
the employer forgot to notify the employee about the start of the vacation at least 2 weeks before it started;
the employer did not pay the employee vacation pay before the start of the vacation.

Procedure for placing an order

There is no unified order form that implements the cancellation of vacation at the initiative of the employer, that is, companies have the right to develop forms that are convenient for them and even make the material in any form each time. The main thing is that all basic aspects are recorded in the document and that the structure is followed.

Structure

The structure of the document refers to the sequence of information entered and the rules for formatting the paper. In the right corner of the upper part of the form the standard details are indicated:

Company name;
serial number of the order;
city where the company is located;
date of creation of the order.

Next, information about the employee is written, indicating not only the full name, but also the position, registration number of the employee and the structural unit of the enterprise. The next part of the document is data on the previously planned vacation period (start day, duration).

Attention! The last thing indicated in the first part is the reason for the transfer. It can be different, but more often the need in production is fixed. In some cases, the initiator of changing the schedule is the employee himself, then this is written in the order.

The next part of the document is an indication of the period for which the leave is being moved; reference is made to the employee’s statement as the basis for this action. It must be attached to the order.

At the end of the document the signatures of the manager and employee are placed.

Mandatory data

Mandatory information that must appear in the document canceling the grant of leave includes the following data:

Full details of the company, full name of the employer.
Personal information about the employee, additionally about his position.
Days earlier than the planned and new rest period.
The basis for the change, as well as a link to the employee’s statement.
Signatures of the parties. Even if the employee agreed, but did not sign the order, rescheduling the vacation will be illegal.

Please note that all data must be correct; if there are errors, the document is considered invalid and cancelled.

Filling rules

When filling out the document, it is recommended to adhere to business vocabulary and only include factually important information. When forming a cancellation order for granting leave, you can use a ready-made form, if the company has one.

Advice! It is not acceptable to write the document by hand, only printed text. The signatures of the parties are affixed in pen, as well as the date of familiarization with the order by the employee.

The finished form is made in three copies:

to the HR department - an archive for preservation;
to the accounting department - to recalculate vacation pay;
employee.

When filling out an order, you should check the correctness of the information entered several times. If the cancellation of vacation is carried out at the initiative of the employee, then the consent of management is required and vice versa.

Let's look at an example of an order to cancel a vacation:

Sample application for rescheduling vacation

The document has a structure common to all similar forms.

There are a number of nuances associated with an application for transfer of leave:

An application from the employee is written in any case - regardless of whose initiative the transfer occurs.
If the transfer is a request of the employee, then the reason for the transfer must be indicated in the application. Be sure to enter the dates of the rescheduled vacation according to the schedule. But you don’t have to specify .
If the transfer occurs at the initiative of the employer, then the employee’s consent to this is indicated in the application. However, it is not necessary . The date to which the vacation is transferred may also not be specified .
If the date to which the leave is transferred is indicated in the application for transfer, the employee must then write a new application for annual paid leave within the appropriate period. If the first application does not contain instructions on the date of transfer, then the employee must write both an application for changes to the vacation schedule and for the granting of a new vacation.

How to apply for early leave from vacation

You can insure yourself against production force majeure by offering a specialist a vacation twice a year, but in a “shortened” version. In a critical situation, an employee can be called back from vacation early. Read on to find out how to do this. Early return to work is allowed after the application is signed by the manager and an order is issued by the personnel department about the employee’s return from vacation.

As stated in Art. 115 of the Labor Code of the Russian Federation, annual basic paid leave is provided to employees for a duration of 28 calendar days. In the event that the duration of vacation exceeds 28 calendar days, payment of monetary compensation for days in excess is possible. For example, if the vacation is 34 k.d. (there is additional leave for irregular working hours), then for 6 k.d. compensation may be paid.

Sample application for cancellation of vacation

An order to cancel vacation is legal only while the employee is at work and there is an order for him to go on vacation. If he has already been sent on vacation, you need to issue review , not a cancellation.

If the documents for vacation have not yet been completed, and the refusal to vacation on the specified dates is made in advance, then we are talking about a transfer .

The application for vacation cancellation must indicate the reason for the cancellation and the planned date when the employee will go on vacation. It is highly desirable that the start date of the new vacation falls in the same year in which the application for cancellation is written.

Based on the application received and endorsed by the manager, an order is issued to cancel the vacation. The order must contain two mandatory provisions:

Reason for cancellation of vacation.
An indication of the invalidity (cancellation) of previously issued documents for this vacation.

The effect of the new order begins on the date of its publication. Based on the order to cancel vacation, adjustments are immediately made to the vacation schedule.

How to write correctly?

An application for cancellation of vacation does not have a special form approved by law. Therefore, it is compiled in free form. In this case, the employee must adhere to the standard structure. The document is drawn up on an A4 sheet.

An application for cancellation of vacation consists of the following parts:

a cap . It is indicated to whom the document is addressed (last name and initials, position of the head of the company in the dative case) and from whom (position and full name in the genitive case). The name of the organization is also given. This information is located in the upper right corner;

document's name . In the center of the sheet, with a slight indentation from the header, the word “Statement” is written in capital letters. There is no period at the end;

text part . From a new line under the title of the document, a request is expressed to cancel the vacation at your own expense, to transfer the annual paid leave. The text is written in any form. It is recommended to indicate the reason for canceling holidays. It is also worth specifying the desired dates for the provision of transferred leave. If there are papers attached to the application, then they should be listed in this part. These are documents that confirm a valid reason for postponing the date of vacation;

final part . Under the main text, the date the document was compiled is indicated on the right, and on the left (opposite the date) the surname and initials of the compiler. The signature is placed in the center.

This is important to know: How financial assistance is paid for vacation

It is recommended that a company employee submit a request to cancel a vacation in two copies. The first option is given to the manager for consideration. On the second application, you should ask the secretary to put a date and signature indicating that the document has been accepted.

It is recommended to keep this option until the vacation is canceled by issuing an appropriate order. It will be useful in case the document submitted for consideration is lost intentionally or accidentally. Then it is possible to prove that the paper was submitted on time.

The application may be written by hand or using printing technology. In the latter case, do not forget to sign.

When drawing up a document, you should adhere to the following rules:

formulate competently, clearly and clearly express thoughts;
do not make corrections or cross-outs with a proofreader;
write the application with a ballpoint pen with purple or blue ink.

Let's sum it up

When you simply need to shift your vacation from the dates indicated in the vacation schedule, write an application to reschedule your vacation. The transfer can be either at the request of the employee or at the request of the employer. In the first case, with the exception of a number of reasons specified in the law, only the employer decides whether to postpone the vacation or not.

An application to cancel vacation is written if its registration has already begun, but the employee has not yet gone on vacation. A manager's visa with approval for vacation cancellation starts the chain of documenting the cancellation: you need to issue an order canceling previously completed vacation documents and make changes to the vacation schedule.

What to do if an employee refuses vacation?

If an employee continues to go to work during vacation and does not respond to comments, he must:

Form a commission and document his presence at the workplace with acts.
Provide the employee with a notice that hours worked during the vacation period will not be paid.
Bring disciplinary action against the employee.

Of course, the employer retains the right to accommodate the subordinate and reschedule the vacation for another period. But the extreme case would be the dismissal of an employee for a disciplinary offense and failure to comply with labor discipline.

Application for early release from administrative leave

Otherwise, the company may avoid liability under this point (Decision of the Moscow Arbitration Court dated July 11, 2006, July 18, 2006 in case No. A40-43990/06-121-230).

It is advisable to indicate in it the reason for the necessary transfer and the expected date of use of the remaining vacation days. If the used part of the vacation is more than 14 calendar days, the employee has the right to add unused days to the next regular vacation.

However, the employee did not give his consent to interrupt his vacation and go to work early. Can an employee be credited for absenteeism for this? The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance.

Basic Concepts

Cancellation of leave orders in relation to the above population groups is unacceptable. If a person does not agree with the transfer, then adjustments that apply to him are also prohibited. If management does this unilaterally, then the employee has the right to write a complaint to the labor inspectorate or file a lawsuit.

How to cancel a vacation order

Part 1

In order to comply with all legal norms, before writing an order to cancel a vacation, you should use the following documents:
At the top of the form you need to enter the full name of the organization (as stated in the registration documents), then you should indicate the order number for internal document flow. Just below, in the appropriate lines, you need to indicate the city in which the employing organization is registered, as well as the date of filling out the order to cancel the vacation.

Filling rules

Procedure for filling out an order When filling out an order, you should check the correctness of the information entered several times. If the cancellation of vacation is carried out at the initiative of the employee, then the consent of management is required and vice versa.

First of all, the administration must obtain the consent of the employee. Vacation can be interrupted or rescheduled only with a written statement from the person. It means that the employee recognizes the importance of management’s decision and the current situation, and is ready to personally participate in solving this or that production problem.