How many days in advance is a vacation application written: deadlines according to the law

Going on vacation requires the correct execution and preparation of a certain set of documents. If the interested person goes on vacation according to a schedule approved by the organization’s management, then the registration procedure is somewhat simplified. But there are situations when a vacation application is written when the schedule planned by the enterprise is adjusted.

How long does it take to write a vacation application?

To answer this question, let us turn to the Labor Code - namely, Art. 136. It says: vacation pay is paid no later than 3 days before the start of the vacation.

Based on this, the last day on which you can apply for leave is no later than 3 days before the date of the intended leave. That is, before vacation pay is paid.

The earliest date for writing an application is 2 weeks before the start date of the vacation.

Please note that it is better to write a vacation application, like any other application, in advance . This way, without haste, HR services will be able to prepare all the necessary documents, including leave orders.

It is described in detail in our article “What you need to know about the vacation order.”

If you do everything in advance, the accountant will have time to pay vacation pay on time.

It is important to understand that a vacation application is written only when an employee goes on vacation not according to schedule . If the employee follows the schedule, there is no need to write a statement. That is, when you take a vacation at your own expense or it does not coincide with the schedule, you write a statement.

Read more about this issue in the article “How to correctly write a vacation application in 2020.”

Even if the employee verbally discussed with the manager the duration of absence from the workplace, he may consider this to be absenteeism. For example, due to the fact that I simply forgot about the conversation. Therefore, it is better to submit your application in writing .

Application deadlines

Any employee can reschedule his planned vacation dates by agreement with the employer. In this case, the basis for granting leave will be his personal statement. The procedure in this case is as follows:

the employee writes a statement,
a decree is issued on the employee's leave,
the manager sends an order to the accounting department to accrue vacation pay,
At least 3 days before the start of the vacation, the employee is credited with money.

In this case, the employer can establish internal rules of the enterprise, which stipulate the deadlines for submitting all documents from employees.

The law does not stipulate the exact time for filing an application.

When writing an application, the employee should take into account the fact that after familiarizing himself with his request, management must issue an order , and on the basis of the order, the accounting department must pay vacation pay. In this case, the deadline for accruing money must be no later than 3 days before the start of the employee’s vacation.

Outside the plan, employees may request time off while maintaining their job in the following cases:

an employee may submit a request for several days of rest without pay with a good reason ,
a number of persons (such as retired active workers, disabled people) can go on unpaid leave when it is convenient for them,
women who are about to go on maternity leave in the near future, or who have just returned to work from maternity leave,
persons under 18 years of age,
if a person has just adopted a baby.

In all these cases, the employee’s rest is formalized by order based on his written application.

Leave notice

In accordance with Art. 123 of the Labor Code of the Russian Federation, notification of an employee about his future vacation must occur 2 weeks before the scheduled vacation. This notification occurs in writing , signed by the employee as a sign of familiarization with the document.

Based on the notification and vacation schedule, a vacation order is drawn up.

The specific form of this document is not regulated. It is compiled arbitrarily , taking into account all the nuances.
In addition, all employees must also be informed of the next year's vacation schedule by signature.

How is military leave organized?

Military personnel can only receive leave if it is included in the schedule.
If the vacation is unplanned, they draw up a special document - a report. This is a specially formulated request for rest, written by the military man himself. A sample report for a military leave in 2020 must contain the basis for its provision, its start and end dates, and the number of days. The provision algorithm is established by regulatory legal acts that give contract employees the right to annual rest:

Federal Law No. 76-FZ dated May 27, 1998, defining the status of military personnel;
Regulations governing military service, approved by Decree of the President of the Russian Federation of September 16, 2019 No. 1237.

https://www.youtube.com/watch{q}v=u8exO1mlyyU

There are several reasons:

educational (vacation) - for those who are studying in military institutions or enrolling to study;
additional - for conscripts and contract soldiers;
for pregnancy and childbirth - for women;
for child care - for contract workers.

Rest using other grounds is possible if they are provided for by the current legislation of the Russian Federation. It is impossible to replace the period of rest provided in days with cash.

Reasons for granting leave in advance

Following the rules of the Labor Code, an employee can be granted annual paid leave after six months of continuous performance of his duties.

However, there are exceptions to this rule where leave can be granted before 6 months of service. Let's consider these situations.

First of all, these are pregnant women who are going on maternity leave. Before applying for it, they have the right to take annual paid leave (if available) or use it after leaving maternity leave.

Secondly, these are the employees who adopted the child. Provided that he is under 3 months . The adoptive parent can take standard leave, even if he has not worked for the company for six months.

other reasons for granting leave may be considered valid In all cases, the vacation of an employee who has not worked for six months is considered to be provided in advance.

What does it take for a military man to go on leave?

Military vacation has features that depend on the type of vacation. But the algorithm for obtaining rest is similar to that established for civilians:

The schedule in a military unit must be developed and approved by the commander (Decree of the President of the Russian Federation of November 10, 2007 No. 1495).
The vacation can be divided or postponed with prior approval from management, but one part must be at least 15 days.
Scheduled rest is provided by order of the military unit commander. Outside the schedule, it is provided in accordance with the report provided within the prescribed period.

Dembelsky

At the end of his service, a military man is entitled to demobilization leave - 30 days (Decree of the President of the Russian Federation of September 16, 2019 No. 1237).

Employees applying for leave:

having a service period of 20 years (one of 3 years before the age limit);
in the year of termination of service due to health conditions;
for organizational events;
those who continue to serve after reaching the maximum age of service and have not previously used such leave.

Rest is provided upon agreement.

The document must include the following information:

Full name, rank of commander to whom the employee is directly subordinate;
reference to the standards by which rest is required;
indication of the address to which the personal file should be sent for the purpose of military registration;
Full name, rank, position of the employee who applied, date of dismissal, date of report generation.

Training

If a military man studies at a university or college, the command must provide study leave. Federal Law No. 76-FZ of May 27, 1998 provides the opportunity to study and receive paid leave:

contract officers (full-time, part-time, part-time forms);
contract soldiers who do not have the status of “officer” with continuous service of 3 years (full-time, part-time, part-time).

Conscript employees do not have the right to such training.

The basis is a certificate-challenge and a report. In one of the articles we talked about how to write a report on study leave for a military man. You must specify:

position, full name immediate commander;
deadlines for passing the session;
reference to legislative norms that allow you to qualify for rest;
place of residence;
help call number;
availability of date.

When to write a report

The application can be handwritten or typed on a computer, but must be certified by the employee’s personal signature. The first option is preferable.

There are rules for drawing up a document that should be followed:

in the upper right corner the name of the organization, position and full name of the head to whom the application is addressed is indicated;
Below the addressee, the employee’s data is written down: position, structural unit and full name;
in the center of the sheet the name of the document is written in capital letters - a statement;
Next, the text is drawn up, which is the main part of the document and contains a request for leave with clarification of the specific start date, number of days, type (regular paid). If necessary, it is not prohibited to clarify the circumstances for which it is necessary to leave the workplace and the employee wishes to use vacation days for this;
The final step is to enter the date of the application and the personal signature of the applicant.

The standard number of days of paid leave for workers is 28 calendar days. You can use them simultaneously or split them into parts. However, you should know that one of the parts must be at least 14 days, the remaining intervals remain at the request of the employee and in agreement with management.

According to Article 124 of the Labor Code, annual leave can be transferred to the next calendar year in exceptional cases when the absence of an employee may negatively affect the normal functioning of the organization. The transfer is made only with the consent of the employee himself; it can be used within the next year.

The employer is prohibited from:

transfer annual leave to employees under 18 years of age, as well as to persons employed in harmful and dangerous work;
do not provide annual leave for two years in a row.

Some employees prefer to gradually select the remaining days from the main part, dividing them into one or two days. But, again, Article 125 of the Labor Code says that this is possible only with the agreement of the employee and management. This process is explained in more detail in the video above.

Military service is a special type of activity during which the command does not have the opportunity to let a subordinate go on vacation. To approve a vacation, reasons are needed, for example:

personal circumstances;
change in health status for the worse;
end of military service;
time off due to studies, etc.

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The military man outlines the grounds for rest and the reasons for the need to obtain it in the report. It must be completed for:

passing exams at an educational institution;
solving problems due to personal circumstances;
child care;
receiving the required annual days off;
rehabilitation course due to injury;
improving health status;
rest after demobilization from military service;
subsequent dismissal.

The military man sends a report to a superior officer. It is imperative to obtain the consent of the commander, since it is impossible to leave without it.

A military report for leave is generally similar to a civilian application, but has a number of features. Here's how to write a leave report for a serviceman:

In the upper right corner, the first line contains information about the recipient. This is the commander to whose name the report is sent and whose authority it is to consider and make a decision. Start with the word “commander”, then his full name.
The next line mentions the position of the person the employee is addressing.
Below you need to indicate your full name. military
On the next line in the center you need to write the word “Report”.
The main part of the document includes the military man's request to provide leave and the desired period.
Additionally, you can make a request for payment for travel and financial assistance.
The last line is the signature and date of the originator.

Check that the report includes the following information:

FULL NAME. the one to whom it is addressed;
FULL NAME. applicant;
purpose of compilation;
signature;
date of;
application in the form of supporting documents.

The compiler must send a request to the immediate superior to petition the higher commander to provide him with days of rest. Basic information about leave should be contained in the application. The introductory part contains repeated information about the applicant - his full name. and position.

You need to write dates in the report in a special way: in numbers - day and year, in words - month (Order of the Minister of Defense of the Russian Federation dated 04/04/2017 No. 170, approving instructions for office work in the RF Armed Forces). For example, May 15, 2021.

Sometimes there is a need to end your vacation earlier than expected. In this case, it is necessary to draw up a report on the serviceman’s arrival from vacation.

The document includes:

desire to stop resting;
the date from which the military man is ready to begin service.

The wording in the text is free. It is not necessary to indicate the reason for the interruption. Upon acceptance of the request, the personnel service issues an order with permission to end the vacation.

The right to receive the first annual leave appears after 6 months of continuous work in the company. In order to go there, the employee must competently draw up an application and submit it to the company management.

Various types of leave are provided: educational, maternity, annual and additional. Some of them are paid, while others remain unpaid. Russian legislation allows these rules to be established at the discretion of management. Russian legislation identifies a number of the following conditions:

the employee does not have to write a statement if the leave is given on the basis of the schedule,
management is obliged to remind the employee about the start of vacation 14 days in advance,
The Russian Labor Code does not define the period within which an employee is obliged to apply for leave of his own free will.

If the company does not create a schedule, without a written statement, management will not be able to grant vacation rights. In order for an employee to be able to issue it, certain grounds are needed. If the procedure takes place orally, the company may declare that the employee left without permission and simply skipped work.

Consequences of failure to serve notice

According to labor law, the employer is required to provide a document that notifies the employee of the upcoming next vacation. The employee is required to sign one copy, which will correspond to his notification.

If the employee has not received such a document, then he can independently change the date of rest to any convenient time. To do this, the employee will need to write a corresponding application addressed to the head of the organization. It must indicate that he was not warned about the next vacation and about its start. In addition, the lack of notification may serve as a serious reason for the initiation of proceedings by the labor inspectorate. That is why you should not neglect this document and hand it over to the employee.

Transferring a document

It is mandatory to submit the document. You can do this in several ways:

at the workplace in person;
by registered mail via Russian Post;
through a trusted person.

In any case, the employer must have its own copy of the notice and the employee’s signature upon delivery.

If the employee did not sign the document

It often happens that an employee does not agree with the date of going on vacation. Therefore, he refuses to sign the notice. In this case, the person sent to transfer the document must ensure that there are two witnesses at that moment. In their presence, it is necessary to draw up an act of refusal to sign the employee in a document notifying the start of the required vacation. The act must indicate the reasons for the employee’s refusal to sign the document.

Labor Code deadlines for filing a claim

According to Article 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for payment of wages, vacation pay, payments. But on the date of filing the claim under Art. 236 of the Labor Code of the Russian Federation, the defendant never made payments, that is, the day of actual settlement never came.

The procedure and possibility of dismissal depend to some extent on the grounds for dismissal and on the initiator of dismissal. Thus, the dismissal of an employee on his initiative is regulated by the general norm of Art. 80 of the Labor Code of the Russian Federation, according to which an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance. In this case, dismissal will take place in any case, even if the employee is on study leave or disabled on the day of dismissal or writing a resignation letter.