The main vacation for most employees is 28 days. For some people, such a vacation does not seem rational, and they want to divide it into several short periods. Many employers insist that at least one part of the required rest period be equal to two weeks. It is important to understand whether it is necessary to take 14 days vacation.
Dividing leave into parts according to the Labor Code
The specifics of granting annual basic leave are regulated by the Labor Code of Russia.
According to Article No. 115 of this legal document, an employee has the right to rest for at least 28 calendar days. Some workers wonder whether it is possible not to take all their vacation at once, but to divide it into parts. This is not prohibited by law, but vacation days must be divided in accordance with established rules.
Article No. 125 of the Labor Code of the Russian Federation states that annual paid leave can be provided in parts, one of which should not be less than 14 calendar days. The remaining period can be divided into shorter periods of any duration. For example, an employee can take 10 days off, after a while - 3 days, and then another day.
Vacation of at least 14 calendar days according to the Labor Code of the Russian Federation allows the employee to fully relax. Taking short weekends is not recommended. This creates problems in calculating vacation pay, and also does not give the employee the opportunity to restore his strength after work.
In addition to the main one, there is also additional leave. The Labor Code of the Russian Federation does not establish any restrictions regarding its division.
Is it necessary to take 14 consecutive vacation days?
The question of whether it is necessary to take 14 days of vacation in a row is relevant for many employees. It all depends on what type of vacation the employee plans to take. As for the main annual leave, one of its parts must be equal to two weeks.
If we are talking about additional rest with maintenance or without financial compensation, then you can take not 14 days in a row, but any other duration at your discretion.
Certain difficulties arise when an employee goes to work during the vacation period due to production needs. By law, this is possible with the consent of the employee. The unused part of the rest should be provided to the subordinate at another time convenient for him.
For example, an employee went on vacation for the period from October 28, 2019 to November 10, 2019. On November 5, he was called to work due to the need to be present during the inventory period. It turns out that he actually spent not 14, but 8 calendar days on vacation. The remaining six days should be transferred to another period, for example, added to the second part of the vacation, lasting 10 days.
If an employee asks the manager to divide the annual paid vacation into several parts, none of which is equal to at least two weeks, then the employer’s refusal will be quite legal.
If the director of the company makes concessions to an employee, then he may be held accountable before the law by regulatory authorities for failure to comply with labor laws.
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.
Procedure for provision
According to Article No. 123 of the Labor Code of the Russian Federation, the dates for granting annual paid leave are approved by the schedule, taking into account the opinion of the trade union organization. Such a document is developed two weeks before the end of the year and requires execution by both parties to the labor relationship. Compiled according to form T-7. The schedule may provide for the division of rest into parts. In this case, the start dates of the weekend must be agreed upon with the employee.
Leave is granted in installments as standard. If the division of vacation days is not fixed in the schedule, then the employee should submit a corresponding application to the manager. Such a document is written in free form. If letterhead is available, it is recommended that you use it. Typically, standard office paper is used for compilation.
The structure of the document is standard; the application consists of the following parts:
- a cap . Information about who the document is addressed to and from whom is indicated. The header should be in the upper right corner;
- Name. In the middle of the sheet, at some distance from the header, the word “Statement” is written;
- main block A request is indicated to provide rest of a certain duration on specific dates;
- conclusion . This is the date and signature of the applicant. Placed in a row on a new line.
The application must display the following information:
- Full name of the head of the company;
- name and legal form of the enterprise;
- Full name of the employee;
- start and end dates of vacation;
- employee position;
- basis for division of leave;
- the total number of calendar days of rest.
Expert opinion
Irina Vasilyeva
Civil law expert
According to Article No. 124 of the Labor Code, basic leave must be provided every year. We allow it to be transferred to the next period, but not more than two years in a row. Minors and employees working in harmful and dangerous conditions must go on leave annually. The right to transfer is not provided for by labor legislation.
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Who has the right to go earlier?
There are exceptions to every rule. There are several categories of citizens who do not think about how much they need to work in order to go on vacation: they have the right to do this literally from the first days of employment. It is enough to write an application addressed to the manager, as defined in Article 122 of the Labor Code of the Russian Federation. These lucky winners include:
- all minor workers (under the age of 18);
- pregnant women who go on maternity leave (Article 260 of the Labor Code of the Russian Federation);
- employees who adopted a newborn child (under 3 months of age);
- spouses of women who are on maternity leave (Article 123 of the Labor Code of the Russian Federation);
- parents (guardians, trustees) raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
- other employees (based on other laws and regulations).
The employer does not have the right to refuse a convenient time for a vacation period to such employees, even if they have just been hired.
Sample application
Sample application for annual paid leave of two weeks:
General Director of JSC "Vkusnyashka"
Korovaev A.A.
purchasing department specialist
Voronova Victoria Alekseevna
Statement
Please provide me with annual basic paid leave of 14 calendar days from 11/25/2019 to 12/08/2019.
06.11.2019 (signature) V.A. Voronova
An example of an application for dividing the main leave not in accordance with the approved schedule:
To the director
Tomilov A.A.
Accounting department specialist
Selevanova Anastasia Viktorovna
Statement
I ask you to provide me with annual paid leave for 10/11/2018-10/11/2019, lasting 28 calendar days, not in accordance with the approved vacation schedule for 2021, in the period 12/02/2019-12/29/2019, but in parts in this order:
- from November 25, 2019 to December 8, 2019 (14 calendar days);
- from 12/16/2019 to 12/29/2019 (14 calendar days).
Grounds for dividing leave: the need to be present at the workplace during the period from December 9 to December 14, 2021.
11/07/2019 (signature) A.V. Selevanova
A sample application for leave for 14 calendar days is available.
It is recommended that such an application be submitted to the employer for consideration two weeks before the start date of the vacation. If the director of the company agrees to the proposed division of leisure, then he puts forward a corresponding resolution. An order is issued based on the application. It is drawn up according to the standard T-6 form, approved by Decree of the State Statistics Committee of the Russian Federation No. 1 of January 5, 2004.
The document must contain the following information:
- order number;
- date of drawing up the order;
- Personnel Number;
- Company name;
- Full name of the employee;
- position and structural unit of the employee;
- start and end dates of vacation;
- type of holiday provided;
- Full name of the head of the organization and his signature.
The T-6 order form to fill out is given below.
Usually the manager's secretary is responsible for drawing up orders. The director of the company checks the finished order and signs it. With this he approves the publication of the document. The employee is introduced to the order against signature. After this, the subordinate can go on vacation on the dates specified in the order.
Decor
The division of vacation according to the Labor Code is based on:
Payment for parts of vacation
Vacation pay is calculated depending on the employee’s application. If it is written from Monday to Sunday, then the employer will pay vacation pay for 7 days. When the application is written from Monday to Friday, the employee will receive vacation pay only for these days, but will actually rest for the same seven days. If the application is written for Saturday-Sunday, then the employee will receive vacation pay for two days off, which he would have taken off in any case.
- Vacation schedule for the next year, which includes the dates of all components of the vacation. This document is presented to employees for review and approval, the fact of which is confirmed by their signatures.
- Written statement from the employee. This option is appropriate in companies with a small staff, as well as in the case of splitting vacations after the vacation schedule for the next year has been approved.
The second option requires some additional steps:
- The director's decision is indicated in the corner of the application.
- An order on the division of leave is issued (form T-6), certified by the signature of the manager and the seal of the organization. The information contained in it is identical to that specified in the application.
- The accountant fills out a calculation note (form T-60) to calculate vacation pay.
- Information regarding leave is entered into the employee’s personal card.
- The data in the time sheet that takes into account work time is subject to change.
- New dates are noted in the vacation schedule, and the reason and date of changes are entered in the vacation transfer column.
Statement
The vacation breakdown application must contain:
- name and address of the organization;
- Full name of the applicant;
- the essence of the request, preferably with an explanation of the reasons, which will increase the likelihood of a positive decision;
- desired dates for going on vacation and its completion;
- date of application;
- employee signature.
