Transfer at the request of the employee
The Labor Code of the Russian Federation does not regulate in detail the transfer of leave at the request of an employee. Legislation protects interested parties from abuse of each other's interests and allows them to reach agreement.
The reasons for changing vacation dates at the employee’s initiative can be divided into:
- objective;
- subjective.
Both options presuppose the presence of certain events in the employee’s life. The legislation considers the former as obviously compelling. Article 124 of the Labor Code of the Russian Federation requires the employer to accommodate the employee at his request in the following cases:
- availability of a certificate from a medical institution regarding temporary disability (injury);
- performance of government duties, during which they are usually released from work;
- if the employer did not pay for the rest period or did not notify about its start;
- events occurred that were stipulated by the internal labor rules of the organization.
If you are faced with one of the above situations, labor law is on your side. The transfer application will be approved and the vacation schedule will be adjusted.
IMPORTANT!
You must be notified of your next vacation two weeks before it begins. Vacation pay is paid 3 days before the start.
The employer may consider your subjective wishes about changing the dates of your planned vacation. But according to the law, he is not obliged to meet you halfway.
In any case, new dates will have to be agreed upon again. You won't be able to insist on your own option.
There are categories of employees who cannot be denied a request to change their vacation dates. These include:
- pregnant women;
- men planning to combine their vacation with their wife's maternity leave;
- women - spouses of military personnel;
- employees who adopt children under 3 months;
- part-time workers who went on vacation from their main job;
- employees who have already been recalled from vacation or whose vacation has been postponed during the last year.
We are writing an application to postpone the vacation
The employee draws up an application for the transfer of vacation in writing, in any form, using the basic techniques for preparing such documents. The title indicates the position and full name of the head of the company in whose name the document is being drawn up, the data of the employee himself (position, full name, personnel number).
For the convenience of filling out the application, you can use the ready-made form posted on our website. Download it from the link below.
The content of the application must explain to the employer the motives that prompted the employee to take such a step.
For a sample application for rescheduling leave, see below on our website.
The transfer of leave, which was a consequence of production necessity in the presence of the employee at the workplace during the period of planned rest, is also formalized in writing.
In this case, the application must contain the employee’s consent to postpone the vacation. The wording is as follows: “I, Natalya Viktorovna Bogdanova, agree with the postponement of my annual leave, scheduled for the period from January 21 to January 31, 2021.”
Transfer at the initiative of the employer (production necessity)
Changes to the vacation schedule established by order of the head of the organization often occur at the request of employees. To avoid fines from the Labor Inspectorate, enterprises prefer not to violate the established procedure.
The employer can also initiate a change in the date of retirement. For this he needs good reasons. They are dictated by production needs - reorganization, introduction of new technologies, urgent orders, sending on a business trip or the onset of an emergency.
Transferring leave due to production needs requires the HR department to carefully register in accordance with the law:
- issuing an order indicating the reason for changing the dates for one or more employees, as well as the agreed date to which it is shifted (sample below);
- application for transfer of vacation, sample below;
- obtaining written consent from the employee about the transfer (free form);
- making changes to the schedule;
- making changes to your personal card.
Depending on who initiated the schedule change, the primary document for registration will be either the employee’s statement or the manager’s order about production necessity. In the second case, it makes sense to obtain written consent to the changes from the employee.
Reasons for postponing annual leave
The main reasons for changing the boundaries of the vacation period are stated in Article 124 of the Labor Code of the Russian Federation:
- the onset of incapacity for work (sick leave) during the vacation period or before it begins;
- fulfillment of government duties during rest;
- failure to pay vacation pay on time before the start of the vacation;
- lack of written notice from the employer about the start of vacation 2 weeks in advance;
- due to production necessity, if the employee’s consent is obtained;
- at the request of the employee in connection with certain family circumstances with the consent of the employer;
- in additional cases specified in the employer’s local documentation.
In all cases, the process of transferring vacation days is associated with documentation, including the employee writing an application requesting a transfer or agreeing to it.
In addition, the employer issues an order regarding the need to make changes to the vacation schedule and transfer days not taken off by the employee to another date -.
How many days in advance should I apply?
Labor legislation does not contain exact deadlines; they can be determined depending on the reason for postponing the annual vacation.
For example, if the need for a transfer arose due to sick leave or the performance of government duties while on annual leave, then you must submit an application as early as possible in order to notify management of your intentions.
If the decision to postpone to another date is made in advance before the start of the vacation (for family reasons, due to production needs, when sick leave occurs), then the application is submitted before the start of the vacation.
How to write the text correctly?
The text of the application is written in any form. It is recommended to indicate the exact reason for the transfer in order to avoid misunderstandings and for the correct execution of the transfer procedure.
The required details of this form include:
- date;
- document's name;
- text;
- applicant's signature;
- supporting documents, if available.
The content of the text depends on the reason for changing the dates of annual paid leave. Below are explanations of what wording to use in various design cases.
Due to sick leave
Incapacity for work that occurs before the start of the vacation allows the employee to request a shift in vacation dates to a later date.
It is also possible to transfer leave if sick leave occurs during the period of annual leave, provided that the incapacitated condition is related to the illness of the employee himself, and not his child.
The text states the request for a transfer, then notes the number of days that need to be transferred to another date and explains the reason for this action.
The details of the sick leave certificate received at the medical institution are provided as proof.
The employer is obliged to accept the application, but the issue of transfer is decided on an individual basis. The employer has the right to simply extend the vacation by the number of days of incapacity if he does not want to transfer vacation days to another date.
Also read about how to write an application to reschedule time off due to sick leave at this link.
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For family reasons
Family circumstances can mean a wide range of reasons. They can be serious or not so serious. The issue of transfer at the request of the employee is decided individually depending on the importance of the reason and the capabilities of the employer himself.
The employee must understand that vacation is planned in advance in the schedule, its dates are determined and fixed. The employee himself knows in advance when he will be able to rest this year and gets acquainted with this information under his signature. To change the planned vacation, you really need good reasons or the consent of the employer.
For example, an employee may ask for changes so that the rest period falls during some important period in a person’s life - a child’s enrollment in school, a spouse’s vacation, a move, a wedding, treatment that does not fall under sick leave, a child’s vacation, etc.
It is better to plan such moments in advance, but unforeseen family circumstances have not been canceled.
It is recommended that you honestly present your request to management, explain the reasons and circumstances and ask for a transfer of the annual leave period to another date.
For more information on how to write an application to reschedule leave at the request of an employee, read this article.
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For production needs
Article 124 of the Labor Code of the Russian Federation states that it is possible to postpone vacation dates at the initiative of the employer, but in exceptional cases, if the employee’s going on vacation will adversely affect the work process.
In this case, an important condition is obtaining the employee’s consent in writing. An employee’s paid leave cannot be transferred without consent.
In this case, the transfer procedure begins with the employer, who notifies the person in writing about the difficult production and work situation and the need, therefore, to change the timing of taking annual leave.
The employee's right to agree or refuse. The director does not have the right to dismiss or forcibly change vacation terms if a person refuses.
In case of such violations, the employee may well complain to the labor inspectorate, which threatens the employer with serious inspections of the State Labor Inspectorate.
The worker writes a statement of consent in response to the received written notification about the transfer of the boundaries of the vacation period. In the text, the applicant writes that he agrees with the option proposed by the employer.
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If the rights of an employee under the Labor Code of the Russian Federation are violated
Article 124 of the Labor Code of the Russian Federation contains provisions that an employee has the right to demand a postponement of the start and end dates of vacation if:
- vacation pay was not paid on time - 3 days before the start of the vacation;
- there is no written warning about the duration of rest 2 weeks in advance.
If the specified guarantees are not met, the employee can legally write a statement and demand a shift in dates to other dates.
Transferring vacation to next year: features
Will the vacation be carried over to the next year? The law prohibits the direct transfer of vacation to the next year. This is possible if the days not taken off are added to the next part of the next vacation. If the employee and employer come to an agreement, the second part of the vacation may be increased. This does not contradict the law.
The start date of the next vacation, after agreeing on the changes, can be selected:
- in the current month;
- in the next or another month of the current year;
- next business year.
Note. Transfer to the next year is possible only within the working year. In labor legislation, it is not equal to the calendar year. A working year is 12 months from the date of registration of an employment relationship with a specific employee.
Rest can be postponed to any of the next 12 months or combined with days of the next working year. This is stipulated in Part 3 of Art. 124 Labor Code of the Russian Federation.
Briefly about monetary compensation. The Labor Code of the Russian Federation does not allow the payment of monetary compensation for the unused part of the vacation within 28 calendar days.
Features and restrictions on transferring vacation
The law provides for several types of leave that subordinates are entitled to take:
- annual paid and additional days of rest;
- without pay for certain categories of employees, under certain circumstances;
- student's;
- for child care;
- other.
Only the next paid and additional leave can be postponed and provided no later than the next calendar year - at the request of the employee or employer in the prescribed manner.
Exceptions when the employer, on his own initiative, does not have the right to change the timing of a planned vacation or recall an employee from vacation, relate to:
- minors;
- persons involved in hazardous working conditions;
- pregnant women.
