All reasons for postponing vacation on the initiative of the employee or management - who will not have their vacation postponed?
In accordance with Article 124 of the Labor Code of the Russian Federation, the following grounds are provided for postponing the vacation period:
- Availability of a certificate of incapacity for work . An employee can apply for it due to illness. While on sick leave, an employee can transfer the vacation time to another time or use part of it and transfer the rest of the period.
- Urgent call to work and unfavorable production conditions of the company. An employee who is on vacation may come to work in exceptional cases and perform his official duties. This can happen, for example, if there is no one to replace him at the enterprise, or a tax or audit is expected. In such circumstances, the employee may request the employer to transfer part of the vacation time.
- Business trip. If there is no one to replace the specialist, the employer has the right to call him to work and send him on a business trip. Of course, the trip must be supported by documentation in order to reschedule the vacation or part of it to another time.
- Failure to comply with notification deadlines. Before an employee is sent on vacation, he must be notified of this - no later than 2 weeks. If he was informed about this earlier, for example, a week in advance, he can ask to reschedule his vacation.
- Fulfillment of government duties. Civil servants who are on vacation and working during it can transfer their vacation time to another period.
- Violation of the procedure for payment of compensation . If an employee does not receive compensation for the required vacation on time, he can arrange for its transfer and refuse compensation.
- Other circumstances that may cause irreparable harm to the enterprise . An employee can be called to work, but only with his consent.
An employee always has the right to refuse to reschedule or urgently return to work unless there are compelling reasons.
Can an employer divide vacation into parts without the employee’s consent?
All full-time employees, that is, those working under an employment contract, have the right to receive leave.
Moreover, you can take your first vacation after six months of work. And even earlier, if the enterprise administration does not object.
It is worth noting that vacation is given specifically for the working year, which begins from the date of employment.
It is not necessary to use the entire vacation; you can divide it into parts if this suits both parties.
Moreover, you can split your vacation any way you like; the obligatory condition is that one part must be at least 14 days, and the rest can be taken at least one day at a time if the administration agrees.
If an employee wishes to “split” his vacation, he should submit a corresponding application. If this is the desire of the administration, the employee must be notified about this in writing.
But in both cases, the division of vacation is carried out only by mutual agreement.
What leave can be transferred?
Russian legislation allows the transfer of vacation and approves several types.
Let's consider which vacation can be rescheduled:
- Annual. It can be primary or additional. Any one can be transferred.
- Training.
- Maternity leave.
- For child care.
The law provides for certain categories of persons for whom leave can be transferred. The employer cannot deny them this right.
Sample applications for rescheduling vacation - an example of an order for rescheduling vacation or part of it
Let's list who is included in the list of lucky exceptions:
- Persons working part-time. Only if the leave from the main job coincides in terms of leave with part-time work (Article 286 of the Labor Code of the Russian Federation).
- Minors. You can not only reschedule, but also extend your vacation by 31 days.
- Women going on maternity leave or parental leave.
- Men whose spouses are on maternity leave (Article 123 of the Labor Code of the Russian Federation).
- Employees who took custody of children under 3 months of age (Article 122 of the Labor Code of the Russian Federation).
- Military spouses. They can go on leave at a time when the serviceman is on leave.
- Disabled people and war veterans.
- Chernobyl victims.
- Persons who work in enterprises with harmful or dangerous working conditions.
The employer may refuse to transfer the transfer to other employees.
conclusions
- The transfer of leave due to production needs is initiated by the administration. In this case, the employee does not need to write an application to postpone the vacation.
- Leave cannot be rescheduled without the employee’s written consent.
- It is prohibited to transfer annual leave for two years in a row; leave must be granted within a year after the transfer.
- It is prohibited for “harmful workers” and minors to postpone vacation due to production needs.
- The transfer of leave due to production needs is formalized by an order, to which is attached a notice of transfer previously sent to the employee and signed by him.
- There are no standardized forms for these documents; they are developed and approved by the employer.
- The order may be accompanied by other documents proving that a postponement of rest time is necessary.
Dates and deadlines for rescheduling vacations - how many times per year is an employee’s vacation allowed to be rescheduled?
Let us note several important nuances regarding the dates and timing of vacation transfers.
Number of transfers
The Labor Code of the Russian Federation does not establish how many times per year an employee or employer can postpone vacation. Thus, it turns out that you can transfer your vacation several times .
Example:
Citizen Portnova must go on vacation from March 1 to March 28. It turned out that in the period until March 9 she was on sick leave. Having returned to work on March 10, she wrote a personal statement and asked to reschedule her vacation to another time. She did not indicate a time frame.
The accountant suggested that Portnova go on vacation from June 1 to June 28. This period suited her. She was on vacation when on June 11 her employer sent her on an urgent business trip. Portnova agreed, but wrote an application to postpone part of the remaining vacation.
Transfer period
Let us note one more nuance. Vacation cannot be transferred to the next year . It must be used within 12 months.
For example, if an employee must go on vacation from April 2018, then he must necessarily take the rest period from April 2021 to April 2021.
Transfer time
Vacation can be postponed for an indefinite period - but no more than 2 years. An employee has every right to choose when he needs to go on vacation.
Compensation instead of vacation?
In some cases, vacation not taken can be compensated with money, however, this procedure is limited by legal norms.
A person is not entitled to receive compensation if the unused period does not exceed 28 days. This rule is based on a clear statement of the law - every employee has the right to paid leave every year and can exercise this right based on the provisions of the Labor Code.
In the following situations, compensation is still possible if it concerns:
- parts of additional leave exceeding 28 days;
- days accumulated since the previous year.
Thus, during the period of work, receiving money instead of the usual regular vacation is prohibited by law. The exception is cases of dismissal, when transferring the vacation to a new period is no longer possible.
Unused vacation upon dismissal
Despite the law obliging employees to go on paid leave, situations may arise where, at the time of dismissal, an employee has accumulated unused rights to subsequent vacations over several years.
Only in case of dismissal, the employee has the right to receive monetary compensation for the entire unused period. While the employee is on the payroll, such compensation for refusal to take leave for several years is not subject to payment.
If the employee continues to work, the unused portion can only be added to the new accumulated rest period in the following year.
If, upon dismissal, an employee is faced with a refusal to pay for the entire vacation period, the quitter must contact the labor inspectorate. In response to his request, an inspection will be scheduled. If it is discovered that a person has not taken vacation for a long period, the company will be held administratively liable with a fine of 50 thousand rubles and full repayment of the missed vacation with monetary compensation.
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. The document should indicate the reason for the transfer and the timing.
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 submitted in any form . The main thing is that the request and the reasons for the transfer are indicated.
Example:
Stage 2. Approval of the Order
Next, the leader will act. He must issue an Order in Form No. T-6. This document is important because it is the one that will approve the transfer.
Example if the entire vacation is postponed:
Example, if part of the vacation is postponed:
The order must be signed by the head of the company and the head of the department.
Stage 3. Making changes to personnel papers
A HR specialist, accountant or company manager must make changes to personnel documentation.
Innovations must be recorded in the vacation schedule in the T-7 form. The basis for the transfer must be written down - this is the Order, its number and date of signing, as well as the date of the future vacation.
The timesheet also changes.
Example of changes made:
Stage 4. Familiarization with the Order
The employer must familiarize the employee with the transfer against receipt .
It is better that in the Order itself, at the end, it is written that the employee has read the document and has his signature.
Results
No later than 2 weeks before the start of the next year, each employer approves a vacation schedule, which both parties to the employment contract must adhere to. However, the schedule is subject to change. Amendments are made on the basis of an order drawn up by the employer.
The transfer may be either mandatory for the employer (in situations provided for by law) or dependent on his decision.
The specific dates of the transfer in the first case depend only on the wishes of the employee, and in the second they are the result of reaching an agreement between the employer and the employee. To express their wishes regarding the transfer, the employee needs to write a statement. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
What to do if the employee’s rights were violated when rescheduling vacation?
Many workers have this question. We will answer what needs to be done if the rights to transfer vacation were violated and the employer refused:
Step 1. Negotiations with management
Try to talk to your manager and find out why you can’t reschedule your vacation.
If there are real reasons, ask them to eliminate them.
Please note that the employee has the right to go on vacation according to the schedule if he is denied a transfer, and receive the due compensation.
Step 2. Receive a written refusal from management
You must receive a response in writing if you submitted your application in writing.
Step 3. Submitting a complaint to the state labor inspectorate
There is a branch in almost every city in Russia.
Find out where the labor inspectorate is located and write a written complaint. Submit it along with a copy of the refusal received from your supervisor.
Step 4. Submitting a complaint to the Prosecutor's Office
Please also attach a written refusal from your superiors to your application.
If the labor inspectorate delays with the question, you can send a complaint to the Prosecutor's Office without waiting for an answer.
Providing leave for hazardous working conditions
For internal transfers, the vacation schedule, which sets the deadlines for granting the employee both basic and additional vacation, remains in effect. Providing additional leave The minimum duration of annual additional leave for work in hazardous working conditions is at least seven calendar days (Part.
2 tbsp. 117 of the Labor Code of the Russian Federation and clause 1 of the Decree of the Government of the Russian Federation of November 20, 2008 No. 870). The specific duration of additional leave is determined based on the results of a special assessment of jobs. The employer has the right to establish in the collective agreement a higher duration of annual additional paid leave than is provided for based on the results of workplace certification and special assessment (Part.
2 tbsp. 116 and part 3 of Art. 219 of the Labor Code of the Russian Federation, information from the Ministry of Labor of Russia dated February 13, 2013).
Is it possible to transfer additional leave for harmful working conditions to another calendar year?
At the same time, the employer has the right to use the provisions to the extent that they do not contradict the Labor Code of the Russian Federation, including providing leave only to those employees who have worked in hazardous conditions for at least half of the working day. Such explanations are given by the Ministry of Labor of Russia in, and Rostrud in.
The legitimacy of this conclusion is confirmed by the Supreme Court of the Russian Federation.
Nuances of calculating and paying vacation pay when rescheduling vacation or part of it
Vacation pay is calculated based on the employee's average earnings.
When calculating and paying compensation, the following nuances are taken into account:
- The employee may initially receive compensation and then go on vacation.
- An employee must receive compensation 3 days before going on vacation.
- The specialist can return the money voluntarily.
- The refund can be recorded in the Order.
- Average earnings are “taken” for the year.
- If there was no earnings, then the previous period is taken into account. This may be if the employee was on maternity leave for up to 3 years.
- A citizen can go to work during vacation, ask for a transfer of days worked, but will not return compensation. It's his right.
We wrote more about calculating vacation pay - read our article here. In it you will find different formulas and calculation examples.
What is the responsibility for unauthorized transfer of vacation dates?
Of course, such an act is punishable, but, unfortunately, this fact does not stop some employees.
In this case, management can either reprimand the employee or schedule absenteeism; they can also issue a reprimand or apply sanctions in the form of dismissal of the employee.
Note ! _ In some cases, the opposite happens when an employee, upon insistence on rescheduling vacation dates, protests and continues his work during vacation. Such an act will not lead to any positive results - the time that was worked is not subject to payment, and this period will not be restored.
You can't go on vacation without permission
According to the Labor Code of the Russian Federation, vacation can be postponed for the following reasons established by law (at the request of the employee):
- When going on sick leave;
- If duties of a state or public nature are performed;
- If vacation pay was not received or there was no warning about going on vacation within the established time frame;
- According to the current regulations specified in the local act.
Most often in these cases, an extension of the vacation period is carried out, but the employer must remember that he is obliged to postpone the vacation dates if the employee has expressed this desire, and the appropriate document (such as sick leave) has been provided confirming that the required vacation dates were not used properly.
Note ! _ According to the ninth part of Article 136 of the Labor Code of the Russian Federation, vacation pay must be issued to the employee no later than three days before he goes on his annual paid leave. And information about the vacation must be communicated no later than two weeks before it begins. If the employer has not fulfilled such obligations, then, at the request of the employee, the vacation dates can be postponed and appropriate amendments made to the official vacation schedule.
Vacation pay must be paid to the employee at least three days before going on vacation
The local act may also contain other valid reasons for which the transfer of annual leave may be carried out at the request of the employee.
