Application for compensation for unused vacation: sample 2021

When such a replacement is not possible

According to Part 3 of Art. 126 of the Labor Code of the Russian Federation cannot replace basic or additional leave with money for the following employees:

pregnant women;
employees under the age of 18;
employees who are engaged in work with harmful and (or) dangerous working conditions, and for working in appropriate conditions.

The listed employees are allowed only cash payment for unused days upon dismissal, and for the third category of employees - with their consent for part of the annual additional paid rest that exceeds its minimum duration of seven calendar days.

In what cases is monetary compensation instead of vacation not possible?

A number of situations noted in the law do not allow employees to receive financial payments instead of vacation days. In particular, it is impossible to replace the planned and additional paid annual leaves required by law with compensation.

pregnant women,
employees who have not reached the age of majority,
those who work in harmful or dangerous industries,
some other categories of citizens.

The only exception is if such an application comes from an employee who wants to quit his job. In this case, compensation for unused vacation with a monetary payment is due to him by law.

Read more: Exclusion of property from the seizure inventory - judicial practice

Registration of monetary compensation

If the employer agrees with the statement, based on it, he issues an order to replace the employee’s part of the rest with a cash payment. The unified form of such an order has not been approved, so it is drawn up on the company’s letterhead in any form.

It is important to indicate the following items in the order: full name and position of the employee, the number of days that are compensated in money, the billing period for which rest is provided, the basis for issuing the order. The document must be familiarized with the employee's signature.

Below you will find a sample order for compensation for unused vacation.

The following formula is used to calculate the amount:

Compensation amount = L x S, where

L - number of days,
S is the average daily earnings calculated for the previous 12 months.

For what types of vacations is compensation paid?

Modern workers need to remember that not all types of vacations can receive monetary compensation in the event of dismissal. It will be available in the following situations:

The employee really did not use his vacation, which he is regularly entitled to, once a year. The standard duration of such leave is exactly 28 days. However, in practice, sometimes there are situations in which the employee has used the vacation, but not completely. In this case, he will actually be able to qualify for monetary compensation, for example, for half of the vacation period or for another part of it.
If an employee, in accordance with certain features of his work, is entitled to a regular additional vacation period. Such leave may be granted to a subordinate for various reasons. The most popular of these is the presence of harmful or dangerous conditions in the work of a subordinate. An important nuance here will also be the fact that the availability of additional rest must always be recorded by the director in the generally accepted manner. To do this, they can create a separate internal regulation of the company. Sometimes such information is entered into a document such as a collective agreement valid within the organization.
If an employee is entitled to several additional days of vacation period, for example, for a promotion to his position or a previously existing rank. In this case, the exact number of additional days is usually determined on an individual basis.
If the employee belongs to a special category of employees for whom individual rules for the provision of regular leaves have been established. This may include, for example, employees of the educational sector. As is known, for such subordinates, the current legislative norms established leaves of increased duration. The exact length of the rest period will depend on the specific position held by such an employee.
If the employee has other grounds for receiving monetary compensation for unused vacation days. The presence of such a right can be secured by the employer independently. The main thing is that such changes do not violate the legitimate interests of subordinates.

And finally, we should separately mention such an important nuance as the possibility of receiving compensation for vacation in the absence of the need to fire a subordinate. In some cases, the employee will indeed be able to claim such a sum of money, but for this he needs to be aware of special conditions. In particular, the provision of compensation will be possible if the employee has a legal right to receive additional days of vacation in addition to the main rest period. For example, an employee in his position is entitled to an extended vacation period, the length of which is 35 days. In this case, the employee will be able to receive monetary compensation within 7 days.

Formula for calculating compensation for unused vacation

The calculation of the monetary compensation that is due to a subordinate for an unclaimed period is carried out using a fairly simple formula: the size of the subordinate’s average income must be multiplied by the established number of vacation days that were not claimed. The resulting value will represent the exact amount of compensation that must be paid to the subordinate during his immediate departure from the current company.

The number of unclaimed rest days is quite easy to determine. To do this, from the total duration of rest that a particular employee is entitled to, it is necessary to subtract the amount of days already used by the subordinate. In this case, it is necessary to take into account possible vacation days that the employee has left from last year.

Separately, mention should be made of the peculiarities of finding such an important indicator as the average income of a working citizen. This procedure will include the following steps:

Determination of the exact calculation base. It records almost all types of income that were received by the subordinate during the last billing period. In particular, this may include not only the employee’s basic salary, but also other amounts, for example, various bonus payments, additional payments established by the employer, etc. The exact list of types of income that must be taken into account was adopted at the legislative level quite a long time ago.
Next, the total amount of income received must be divided by the exact number of days that the employee worked in the corresponding time period. The resulting value will be the average income of an employee for one working day in the organization. Further, the found indicator can be used to calculate other values, for example, the exact amount of compensation.

Cash compensation upon dismissal

Unused rest days upon dismissal are paid in any case; this does not require any application from the employee other than the application for dismissal. Therefore, the concept of “sample application for dismissal with vacation compensation” does not make sense.

The amount is calculated according to the same rules as the calculation of payments for unused vacation.

Every citizen of the Russian Federation who works officially has the full right to receive leave or compensation for it. A sum of money can be received not only for the main vacation, but also for additional days that the employer can allocate.

Let's look at how to correctly fill out an application, and also determine what rules should be followed when writing a document.

When deciding to write an application for compensation, follow these rules:

You can draw up a document on a PC, or you can write it by hand with a regular blue pen. By the way, be sure to write the application on an A4 sheet, otherwise the document will not be accepted.
In the header of the document, indicate correct information about the organization, the head of the company, and also about yourself. If there is an error, the application will be considered invalid.
In the name of the document you should write only one word - “Statement” , after which there is no period.
In the content, be sure to refer to articles and laws that confirm your right to receive compensation. In addition, indicate for how many days of unused vacation you want to receive a sum of money, for what period. These may be additional days that the employer allocated to you, but you did not use them, as well as the main vacation days that the employee is entitled to.
At the end of the document, do not forget to put the date when you submitted the application and your signature with a transcript.

A sample application for compensation for unused vacation, granted annually, looks like this:

A sample application for compensation for part of unused vacation is as follows:

Who can apply and under what conditions?

Any officially registered worker can write an application for compensation payments for unused vacation. Only if you have a contract and an entry in the work book can you fully count on compliance with all the norms established by the laws of the Russian Federation. If an employee is not employed by the company, then receiving vacation days or compensation is in question.

Official employment is accompanied by an entry in the work book

Vacation is divided into main and additional. The duration of the main one is 28 days (Article 115 of the Labor Code of the Russian Federation). Additional vacation days are not provided to everyone, but only to certain categories working:

in hazardous production;
under hazardous working conditions;
on an irregular schedule;
in the regions of the Far North and nearby territories.

In addition to these groups established by law (Article 116 of the Labor Code of the Russian Federation), the employer may, at its discretion, add additional days of rest to employees. This must be reflected in the collective agreement or an amendment to it.

The number of days will depend on the following factors:

length of service;
nature of the work;
length of service, etc.

Number of additional vacation days

You can receive compensation for both main vacation days and additional ones. In the first case, compensation is mandatory upon dismissal of an employee.

Replacing the main vacation with cash at the request of the parties is not provided for by law.

Additional rest time can be reimbursed financially upon an application for compensation for the employee’s vacation and the approval of the management of the enterprise or business.

In what cases can you not receive compensation for unused vacation?

Certain categories of employed citizens cannot exercise their right to receive monetary compensation for additional vacation days. The list of such employees is established by labor legislation (Article 126 of the Labor Code of the Russian Federation). These include:

minors;
pregnant women;
persons carrying out activities in conditions of harmfulness and danger.

This allocation is aimed at obtaining adequate rest and maintaining the health of these groups. Upon dismissal, monetary compensation for vacation for these categories is made according to the general rule.

Procedure for special assessment of working conditions

Important! Persons working in a harmful and dangerous enterprise cannot receive compensation for the minimum established number of days - 6. If an employee has 12 days of additional rest, then for the difference of 6 days they can receive a cash payment.

Can an employer refuse compensation?

The employee’s right to receive compensation for additional days of rest does not mean its obligatory fulfillment. An employee can make such a request to the company management or entrepreneur, but the latter are not obliged to satisfy it. If there are any reasons, the employer has the right to refuse such compensation. In this case, you do not need to motivate your decision.

When dismissing an employee, the employer does not have the right to refuse compensation. In this case, both the main and additional leave are reimbursed in cash. For non-compliance with these standards, penalties (fines) are provided.

Responsibility for violation of labor law

Calculation of the amount of compensation for unused vacation

The procedure for calculating compensation payments both upon dismissal and upon replacement of additional days is the same. However, in the second case, the number of such days is established, and in the second, they need to be calculated. If the work experience in this company is one year, then monetary compensation is due for 28 days. If it is less or more, then the calculation is made in proportion to the period worked.

Once the number of days has been established, the daily wage is calculated. To do this, the average earnings for 12 calendar months are taken, and days of incapacity for work (vacation, maternity leave, sick leave) are excluded from it. The average is then calculated by dividing by 12. The monthly average is divided by 29.4 to obtain the day.

Calculation formulas

The total amount of compensation is calculated by multiplying the number of vacation days by the average daily earnings. The resulting value is subject to personal income tax and is reflected in the income certificate. Insurance premiums for the employee are transferred from this amount.

How to make an application correctly?

There is no officially established application form for vacation compensation. However, it must comply with the norms of official document flow. The application consists of several parts:

name of the organization/business;
Full name of the head;
employee's position;
Employee's full name.

Goal of request;
amount of days;
link to the legal act.

As a rule, within the company in the personnel department there is a sample application for vacation compensation.

Application form

The application can be written manually or printed using special means. In the first case, it is recommended to use black or dark blue ink. The text of the document should not contain:

errors;
blots;
corrections;
obscene statements.

An application for financial compensation for vacation time taken is drawn up in two copies: one for the enterprise/entrepreneurship, the second for the employee.

The applicant’s copy is signed to confirm acceptance of the document. If the personnel department refuses to accept and register the document, then it can be sent via postal services by registered mail.

Then the employee will be able to prove that the document was submitted.

Procedure for receiving monetary compensation

After a satisfactory decision is made on the worker’s application, an order is issued. There is no officially established form for such a document, so it is drawn up in free form, taking into account the document flow rules of the company/entrepreneurship. The order is printed on company letterhead and contains the following data:

name of the organization/business;
Title of the document;
date, number and place of compilation;
link to the article of the labor code;
the essence of the document;
period and number of days replaced;
base;
signature of the manager and personnel employee.

Sample order

If there is a seal, an imprint is affixed. The document is drawn up in two copies. The second one is handed to the applicant. The order is sent to the accounting department. On its basis, compensation is transferred until the period specified in the order and equal to the number of days replaced.

Important! If the worker changes his mind about making a replacement, he can withdraw the application. Revocation is possible only until the start of the vacation period specified in the order.

When an employee leaves a given place of work, compensation is paid along with the transfer of other payments due to him. This must happen no later than the last working day. In this case, compensation is mandatory and does not require writing an application, making a decision or documenting the results.

Sample application for compensation for unused vacation

Below is a sample application for compensation for unused vacation:
To the director of Rusmash LLC, Anton Viktorovich Kolosov, from ASKUE engineer Pavel Petrovich Inokentyev
Statement

Source: https://urist-bogatyr.ru/article-item/zayavlenie-na-kompensaciyu-otpuska/

Examples of writing applications for unused vacation

Compensation for part of the vacation:

Compensation for vacation and subsequent dismissal:

Compensation for additional leave:

Some people believe that it is better not to connect the dismissal with compensation. Don’t be scared, you just draw up a document according to the sample, and in the content part you also indicate your desire to quit - “with subsequent dismissal .

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

In this case, the employer is obliged to pay you not only compensation, but also to make payments for the period of time worked .

As for time off , they are not included in the vacation period - accordingly, it is impossible to receive compensation for them.

However, if you were given several additional days of rest and included them in the vacation period , then you can demand compensation from your boss for the unused time.

This information is also indicated in the application, in the main part.

If the employer does not want to pay you compensation for the additional days that he provided in words, then spend them resting, and then apply for compensation for regular, main annual leave.

We hope our tips on document preparation will help you, and you will be able to draw up an application for compensation yourself, following the rules.

Still have questions? Just call us:

St. Petersburg 8; Moscow 8

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According to Labor Law, every employee has the right to receive compensation. Who is officially employed and is about to quit.

Since you can only get it upon dismissal or for additional leave, in excess of the basic annual paid twenty-eight days . Additional leave is not granted to everyone, but to a certain category of citizens:

Residents of northern regions with harsh climatic conditions
People working in hazardous industries
Workers with irregular hours

Compensation is calculated for each full month, based on two days of vacation per month of work; if less than fifteen days are worked, then this month is not included in the calculation.

Procedure for applying for vacation compensation
Application for dismissal with vacation compensation
Who will not be able to receive compensation
How to calculate the amount of compensation due
Responsibility of the employer to the employee for non-payment
Answers to frequently asked questions

Procedure for applying for vacation compensation

An application for dismissal with vacation compensation must be submitted to the HR department no later than two weeks before dismissal
If the manager agrees, he signs his visa and transfers it to the accounting department
The HR department issues an order for dismissal and compensation for leave, which indicates the number of days of compensation due and the date of dismissal
Then the accountant calculates the amount of wages and compensation, the calculation occurs on the day of dismissal

A record of dismissal and payment of compensation is made in the personal card.

Application for dismissal with vacation compensation

The application must indicate:

In the upper right corner we indicate the name of the organization, the initials of the director, from whom is the application with his position
Clearly formulate your dismissal with reference to the Law
Estimated date of dismissal
Employee signature

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

It is better to register the application with the HR department, in order to avoid loss; if it is not possible to submit it in person, you can send it by registered mail with notification, which will be evidence in case of mutual claims.

Some statements have specific drafting features, these include:

When the person wishing to resign is the CEO
vacation compensation required;
in case of dismissal during a probationary period
unwillingness to work for two weeks
dismissal is assumed due to moving to another city or for another reason beyond the control of the person

Important! You are not required to indicate the reason for your resignation.

Sample APPLICATION

To the director of Romashka LLC, S.P. Ivanov

From the production department economist

Statement

I ask you to dismiss me from my position at my own request as of October 14, 2021. in accordance with paragraph 3 of Article 77 of the Labor Code of the Russian Federation

How to show it in graphics

According to the rules for filling out form No. T-7, the vacation schedule for the next calendar year must be drawn up and approved by the manager no later than December 17 of the current 2021. In column 5 of the document you need to indicate the number of vacation days that the employee is due for the next working year. This includes both main and additional leave provided for by the Labor Code of the Russian Federation and local regulations on the organization. Also see "Vacation Schedule".

When filling out the schedule, do not forget to consider the following points:

You cannot make corrections to the document, or cross out what is written;
any changes are made only after their approval by the employee’s immediate superior and receipt of a permit visa from the head of the company;
if an employee postpones his vacation more than once, all information about this must be reflected in the schedule. (Also see “Carrying over vacation to next year.”).

According to general practice, unused vacation days can be provided to an employee in two ways:

in accordance with the schedule - in this case they must be added to the total number of days of rest entered in column 5;
based on the employee’s application in agreement with the employer.

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In the latter case, the employee will have to write a statement, the form of which will practically not differ from the standard one. There is no need to specify for what period rest days are provided.

Who will not be able to receive compensation

It is impossible to receive compensation when going on maternity leave, only upon dismissal
For minor citizens, only after their 18th birthday
For workers in hazardous working conditions, only upon dismissal

The ban is also provided for:

Customs officers
Drug control
other government bodies

IMPORTANT!! Employees of the Ministry of Internal Affairs can receive compensation for vacations exceeding 30 days.

It is considered a violation of the labor code if the employer does not allow the required vacation for more than two years in a row, but this does not give the employee the right to receive compensation; he can either go on vacation or quit and then receive it.

How many vacation days can you pay?

If the employee does not belong to a protected category (pregnant, minor employees or “harmful”), compensation can be received for those days that exceed 28 calendar days. Moreover, the calculation of days is carried out not in total, but for each year.

EXAMPLE
The employee took 23 days of basic vacation in 2021, and the rest, incl. He did not have time to use the 4 days of additional leave he was entitled to for irregular working hours. In 2021, due to the coronavirus pandemic, the employee did not take the main vacation at all and decided to replace the vacation with compensation. He can ask for monetary compensation only for 8 days - 4 days of additional leave for 2019 and 4 days of additional leave for 2021.

How to calculate the amount of compensation due

In order for an accountant to correctly calculate vacation compensation when dismissing an employee, he needs to know several parameters:

For each full month, two days of vacation are due, corresponding to the number of days in total
earnings per day
If less than half of the month is worked, it will not be included in the total and vice versa
Indexation coefficient if there was an increase in wages during a given period of work

Compensation will be 307.16*10 days =3,071.67 rubles

The accountant must calculate income tax from this amount, it will be

3071.61*13%=399.31 rub.

The amounts of insurance premiums will be as follows:

Medical insurance 156.65 rub.

Accident 6.14

Social insurance 89.078

Pension 675.76

How to Correctly Write an Application for Leave of Absence

How to write an application for a leave of absence

minors;
pregnant women;
persons carrying out activities in conditions of harmfulness and danger.

In what cases can you not receive compensation for unused vacation? (read more…)

Responsibility of the employer to the employee for non-payment

Each employee is protected by law, and if his rights are violated, and in our situation this means that upon dismissal an employee is deprived of vacation compensation, then the employee has the right to file a complaint with the labor inspectorate, indicating his data and the reason for the appeal, with documents attached, confirming their right to compensation and the employer’s failure to fulfill his duties.

Important!! The inspectorate employee, within a month after receiving the complaint, must conduct an internal investigation into the violation and identify the circumstances of the case.

If an employer violates labor laws, he faces administrative, financial and criminal liability. Firstly, he will have to pay everything to the employee, as well as pay a percentage of 1/300 of the refinancing rate for each day of delay, and the employee can also sue for compensation for moral damages for this fact.

If it turns out that the employer’s actions were aimed at violating the law, then he may face imprisonment or, at best, a fine and removal from office.

Answers to frequently asked questions

In what case is an application for vacation compensation submitted and how is it paid?

Answer: The application is drawn up in any form if the employee has the right to additional leave for certain reasons, upon dismissal there is no need to write it, payment is calculated by agreement with management and paid on the next salary; no specific deadlines for payment are established.

I work in an organization and have one child. Is there a right to a child’s personal income tax deduction for vacation compensation upon dismissal?

The right to a deduction in the amount of 1,400 rubles for the first child is granted once a month, that is, when calculating your wages and compensation, there will be one deduction in any case, whether you are fired or not

Procedure for assigning compensation instead of vacation

After the application is received, the head of the enterprise is obliged to put his resolution (positive or negative) on it. If a negative decision is made, then the employee will have to take a full vacation, but if it is positive, the organization will issue an appropriate order, on the basis of which the accounting department will calculate the amount of compensation for the employee and pay it before the employee goes on vacation.

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If for some reason an employee changes his mind about receiving compensation instead of vacation, he has the right to revoke the document, but only until the vacation period begins.

Quite often in practice, a situation occurs when an employee cannot take off his entire allotted time off. According to the Labor Code, this is quite legal; the rest period can be divided into parts, according to Art. 125 (the duration of at least one part should not be less than 14 calendar days). There are also force majeure situations when management is forced to recall an employee from vacation with his consent.

Replacement with monetary compensation is allowed only if the worker has the right to extended rest, more than 28 days. Compensation is paid only in part exceeding the specified duration. An employee has the right to write an application for vacation leave at any time; a sample form is presented below.

Vacation and its regulation

The regulation of the employer’s obligation to annually provide the employee with paid leave while preserving his job and salary is carried out by Art. 114 Labor Code of the Russian Federation.

By virtue of the provisions of Art. 122 of the Labor Code of the Russian Federation, an employee receives the right to take paid annual leave six months after the start of his work activity with a specific employer.

Part 2 of the same article of the Labor Code regulates the employee’s right to take leave before the expiration of the six-month period, but subject to the consent of the employer.

In the future, vacations due to a specific employee are included in the vacation schedule annually approved by the employer. The specified schedule is mandatory for both parties to the employment relationship.

An employer's refusal to allow an employee to go on vacation within the period specified in the schedule is a violation of the law. If the employee does not want to use his vacation, he can ask the employer to compensate him with money. However, this right has its own nuances.

What vacation can be compensated?

We can say that in terms of vacation compensation, the Labor Code is veiled on the side of the employer.

The fact is that the law provides for the possibility of compensating for “non-vacation” vacation only partially, that is, for those days for which the full vacation exceeds the main vacation, equal to 28 days. For example, with a required vacation of 40 days, an employee will be able to receive compensation for only 12, even if he does not take a single day off from the 28 required by law.

Taking into account the complexity of the economic situation in the country and the exaggerated demands of the employer, it can be assumed that quite a few workers simply cannot afford a 28-day vacation. And yet they cannot count on compensation. But the days that an employee is entitled to in excess of the main vacation can be compensated.

The variability in the provision of increased leave compared to the basic one, depending on categories of workers, is regulated by Art. Articles 115, 116 of the Labor Code of the Russian Federation. Thus, vacation over 28 days is granted:

employees under 18 years of age;
employees with a legally established degree of disability;
teachers;
workers engaged in hazardous production and in the Far North;
employees working on irregular working hours;
any other category of employees, if extended leave is regulated by a collective or individual labor contract.

Thus, any employee from the list above has the right to submit an application to the employer for compensation for those days for which their allotted vacation exceeds the basic one established by law.

Exceptions

Neither basic nor additional leave can be replaced by monetary compensation, provided that the employee who is entitled to this leave is:

pregnant woman;
minor;
the so-called "pest".

It is understood that with such a restriction in matters of payment of compensation for vacation, the state assumes the function of protecting the health of these categories of workers, although, if we assume that a huge number of pregnant women, and “harmful workers” and minors work during vacation, then the restriction will most likely be not protective, but discriminatory.

Let us note that relaxation is still allowed in relation to “pests”. Article 117 of the Labor Code of the Russian Federation determines the right of the employer, with the help of an additional agreement to the employment contract, to determine the employee’s ability to receive compensation for part of the additional leave lasting more than seven days.

Drawing up an application

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

Please note that the provision of vacation compensation always occurs by agreement of the parties. That is, providing compensation is the right of the employer, and the employee’s application may be denied.

Of course, in most cases it is beneficial for the employer that the employee does not go on vacation and continues to work, however, the employer must have the opportunity to pay the employee money, etc. In this case, the employer may offer the employee to go on vacation as expected.

The form for applying for vacation compensation is not defined by law. Organizations, as a rule, develop application forms with the employer’s details, which the employee is asked to fill out. On our website there is a sample application that you can use by entering your data into it.

The structure of the application consists of the following sequential blocks:

"Hat" located in the upper right corner. It contains the name of the organization and data of the manager or employer-individual entrepreneur (full name, position) in whose name the application is written, as well as the full name, position and structural unit of the employee - the author of the application.
Under the “header” is the title of the document: “Application for vacation compensation.”
Under the title of the document, a statement of the essence of the application begins on a new line with the word “please”. The application will need to indicate the vacation period (for which year) and the number of days for which compensation is sought, and also indicate that compensation is sought in accordance with Art. 126 Labor Code of the Russian Federation. If an employee wishes to replace all days of vacation with compensation (with the exception of 28 mandatory ones), then he will need to write this: “I request that part of the annual paid leave for 2022 exceeding 28 days be replaced with monetary compensation.”
The application ends with the date of its preparation, signature and transcript of the signature of the person who wrote it.

How to write a paper correctly when leaving at your own request?

According to the generally accepted procedure, a resignation letter is drawn up if an employee leaves his position of his own free will (Article 80 of the Labor Code of the Russian Federation).

An application for dismissal must be made in writing. Moreover, it can be written in any form or according to a template approved by a specific organization.

If an employee has unused vacation days, the resignation letter may express one of the following employee intentions:

Taking annual leave followed by dismissal.
Request for payment of compensation for unused vacation.

Both options for writing such a statement are discussed in detail below. However, in general it will have a single structure, including the following standard points:

information about the addressee and the applicant - here the position and full name of the head of the organization in whose name the application is written is indicated, as well as the full name, position held and the name of the unit in which the person wishing to resign works;
title of the document – it will depend on the option of leaving your position;
the main part - here the intention to resign of one’s own free will is expressed, and additional information is also written down (this point is discussed in detail below in the text);
final part - here the date of drawing up the application is indicated and the employee’s signature is affixed.

With vacation pay

In accordance with Part 2 of Art. 127 of the Labor Code of the Russian Federation, an employee has the right to demand the provision of the unused part of the vacation with subsequent dismissal. In this case, the employer will have to pay him vacation pay.

When choosing such a scheme for leaving work, the following information must be reflected in the main part of the application:

the date from which the applicant wishes to go on vacation;
duration of vacation;
intention to go on vacation with subsequent dismissal of one's own free will.

With compensation for days of rest not taken off

If during his working life the dismissed employee did not have time to fully use his paid leave, upon his departure the employer will be obliged to pay him appropriate compensation (Part 1 of Article 127 of the Labor Code of the Russian Federation). Moreover, this amount may include both the current period and previous years, when for certain reasons the worker did not go on legal paid rest.

With this option, the main part of the resignation letter will include the following points:

the desired date of dismissal on your own initiative with reference to the relevant norm of the Labor Code of the Russian Federation (Article 80);
a request for payment of compensation for unused vacation, indicating specific periods for which funds should be transferred.

What's next

Based on the results of the manager’s consideration of the application, there may be several options for events:

The manager agrees, the employee receives compensation. In this case, based on the manager’s resolution, an order is drawn up to replace part of the paid leave with compensation. After the order is issued, compensation is transferred to the employee.
The manager does not agree, the employee goes on vacation.
The manager does not agree, the employee who does not agree with his decision quits. In this case, he will be compensated for his entire vacation, regardless of whether it is basic or additional.

Every employee has a legal right to vacation, which is enshrined at the legislative level and confirmed by Art. 114 Labor Code of the Russian Federation

“Employees are provided with annual leave while maintaining their place of work (position) and average earnings.”

Any enterprise whose activities are registered on the territory of the Russian Federation is obliged to comply with the standards provided for by labor legislation. According to its contents, each employee has the right to take annual leave of 28 days

In some cases, vacation or part of it may be replaced by financial compensation. In the article we will look at the specifics of the procedure for each of these payments, as well as the conditions for providing material compensation.

Principles of compilation

There are no special requirements for the form, the main thing is that the employee’s intention is clearly expressed, the specific date from which he wants to start resting, and the desired duration in calendar days are indicated. References to legal norms and working periods are optional.

Read more: How to submit an application for a foreign passport through government services

One of the questions on which HR specialists have not yet come to a consensus is this: does unused vacation expire or not in 2021? There are different points of view on this matter. Which one is correct can be found out only after carefully studying the regulatory documents.