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 - “Application”, 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:
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 simply draw up a document according to the sample, and in the content part you also indicate your desire to quit – “with subsequent dismissal.”
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.
Application for time off for unpaid vacation
We consider a situation where the employee already has overtime days. But you can’t just not go to work. Some companies use the concept of an “oral” agreement, that is, an employee works one day and then takes a day off, but there are no records or information, i.e.
In the text of the application, you state your request to provide you with a day off on account of your vacation, indicate the date of the desired day off. It is worth noting that Russian legislation does not provide for such a concept as “time off”, so it is better not to use it in the text of the application. Write “day off/weekends”. Under the documents compiled in this way, put your signature with a transcript and indicate the current date.
Application example
This form of the document has a fairly simple appearance, so its preparation should not cause any difficulties.
Document header
First, at the top left or right (this is not of fundamental importance), the addressee of the application is entered, namely, the full name of the employing organization (in accordance with registration documents), the manager (the position is indicated according to the staffing table), as well as his last name, first name, and patronymic. Then data about the employee is included in the same way. The line just below indicates the locality and date of the application.
After this, the word “statement” is written in the middle.
Statement body
The main part of the document must include a request to replace part of the annual planned or additional paid leave with monetary compensation. It is necessary to enter its period (start and end date), as well as the number of days on which the employee would like to receive money instead of rest.
Signatures
Finally, the application must be signed with an indication of the applicant’s position and its mandatory decoding.
How to apply correctly?
When drawing up an appeal to the employer, you should adhere to the form that is established at a particular enterprise. How to write an application for vacation leave for the past year?
Certain information should be indicated in the document:
- Full name of the head;
- the position of the applicant and his full name;
- please provide unused vacation days indicating the period of receipt;
- signature of the interested person;
- date of document preparation.
When preparing a document, corrections or errors must not be allowed.
If a blemish occurs during the preparation process, the application will have to be rewritten. When the document is ready, it is advisable to agree on it with the manager against signature. If the enterprise has established its own document format, then it should be compiled in this version. To obtain the form, please contact HR.
Annual vacation with content
As a rule, employees go on vacation according to the schedule, that is, the vacation schedule, which is drawn up at the enterprise annually. The administration must notify the worker of the upcoming vacation 2 weeks in advance.
But often employees are accepted into the organization after such a schedule is approved. A new employee has the right to rest after 6 months. after employment.
To use it, you must send a leave application to the head of the organization. The director reviews the document and makes a decision on it. When the “I don’t object” visa is stamped on the document, it goes to the HR department, and then to the accounting department, where all the necessary calculations are made. Vacation pay must be paid to the employee no later than 3 days before the start of the vacation.
Below is an application for leave (sample 2019) for 14 days. A new employee whose rest was not taken into account when approving the schedule can apply to the employer with such a document.
Sample application for annual paid leave
You can download the vacation application 2021 (sample) for free on our website.
How many days in advance do you need to write a vacation application?
When planning a vacation, be sure to submit your application at least 14 days in advance.
Photo: globallookpress.com Every company has a vacation schedule, it is approved by management two weeks before the end of the year (approximately December 15). Usually, the exact dates of rest for each employee are indicated there. Wishes must be taken into account. If the employee goes on vacation as scheduled, then the application is not necessary. If only a month is indicated in this schedule (this is possible), then the employee will have to write a statement. It must be submitted at least 14 days before the start of the vacation. This is due to the fact that the accounting department needs time to calculate and accrue vacation pay. By law, they must be paid three calendar days before you leave.
Days at your own expense
According to Art. 128 of the Labor Code of the Russian Federation, an employee may also express a desire to go on an extraordinary vacation due to family circumstances and other valid reasons (for example, to care for a sick relative). In this case, it is advisable to document this need. The duration of rest is determined by agreement between the employee and the employer.
There is a list of persons whom the employer does not have the right to refuse:
- for working old-age pensioners - up to 14 days a year;
- parents and spouses of deceased military personnel - up to 14 days a year;
- working disabled people - up to 60 days a year;
- employees in cases of wedding, birth of a child, death of close relatives - up to 5 days;
- in other cases specified in the Labor Code of the Russian Federation, federal laws or in the collective agreement.
What circumstances do you mean? For example:
- according to Art. 173 and 174, the employer is obliged to provide days without pay to the following employees: admitted to entrance examinations to higher and secondary educational institutions; students of preparatory departments; full-time students who combine work and study;
- Art. 286 of the Labor Code of the Russian Federation states that employees who are part-time workers are provided with mandatory days at their own expense only if the leave at the main place of work exceeds the part-time rest;
- Rest without pay is also provided to workers of the Far North for travel to and from their place of rest (Article 322 of the Labor Code of the Russian Federation).
If you are denied leave
Workers who do not fit the above categories may be denied days without pay. In case you were refused, but really need to go on vacation, we have prepared step-by-step instructions on how to properly complain to the State Tax Inspectorate - but this is the last argument.
A sample application for leave at your own expense is similar to the one presented above. The difference is in indicating the reason and the words “at your own expense” after the word “vacation”.
Such a petition is submitted when an employee needs time to solve personal problems. The days provided are not subject to payment; the employee simply gets the opportunity not to work on the specified day.
IMPORTANT! If the number of days taken by the employee at his own expense turns out to be more than 14 per year, then more than the specified number will not be counted towards the length of service.
Application for leave without pay, sample 2019
Application for time off on account of unpaid vacation
Responsibility for maintaining and providing for children is not removed from parents, even when they do not have a job and do not have a permanent, official income. We will tell you in more detail about how alimony is collected from unemployed citizens, in what amount alimony payments are calculated, and how the amount of compensation is calculated.
It is impossible to consider a person missing or dead without reason. Relevant documentation is required for confirmation. We will tell you who and when can be declared missing or dead, what the consequences of “accidental death” and sudden appearance may be - and we will determine what to do in order for a citizen to be declared missing or dead.
07 Jul 2021 stopurist 542
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Request for leave followed by dismissal
According to Art. 127 of the Labor Code of the Russian Federation, an employee can go on vacation before dismissal or receive financial compensation. True, providing days before terminating an employment contract is a right, not an obligation of the employer.
Even if management is not against it, it is necessary to draw up a written appeal.
The request has the same structure as already discussed above:
- a cap;
- the word "Statement";
- text asking for days. It indicates the start date of the vacation, its duration, and the reason for dismissal. The last day of rest will be the date of dismissal of the employee.
Sample application for leave 2021 with subsequent dismissal
The following must be remembered:
- Part 1 art. 127 of the Labor Code of the Russian Federation states: if the employer refuses to provide a resigning employee with paid rest, he must pay compensation for unused days.
- If the employer has agreed to provide the employee with rest before dismissal, it is necessary to issue an appropriate order. The form of the order for the provision of rest with subsequent termination of the contract can be developed by the enterprise’s personnel officer independently. The main thing is that it must contain all the necessary details specified in Part 2 of Art. 9 Federal Law No. 402 dated December 6, 2011. You can also issue two separate orders: for vacation - in form No. T-6 (T-6a) and for termination of the contract - in form No. T-8 (T-8a).
There are situations when an employee does not have the opportunity to take the entire vacation for the required period. In this case, you can write an application for unused vacation according to the sample and take off the missing days. Employees also often ask to replace vacations with monetary compensation. Read more about all the nuances in our article.
Macro
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 - “Application”, 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.
Examples of writing applications for unused vacation
Some people believe that it is better not to connect the dismissal with compensation. Don’t be scared, you simply draw up a document according to the sample, and in the content part you also indicate your desire to quit – “with subsequent dismissal.”
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.
Application example
This form of the document has a fairly simple appearance, so its preparation should not cause any difficulties.
Document header
First, at the top left or right (this is not of fundamental importance), the addressee of the application is entered, namely, the full name of the employing organization (in accordance with registration documents), the manager (the position is indicated according to the staffing table), as well as his last name, first name, and patronymic. Then data about the employee is included in the same way. The line just below indicates the locality and date of the application.
After this, the word “statement” is written in the middle.
Statement body
The main part of the document must include a request to replace part of the annual planned or additional paid leave with monetary compensation. It is necessary to enter its period (start and end date), as well as the number of days on which the employee would like to receive money instead of rest.
Signatures
Finally, the application must be signed with an indication of the applicant’s position and its mandatory decoding.
Annual vacation with content
As a rule, employees go on vacation according to the schedule, that is, the vacation schedule, which is drawn up at the enterprise annually. The administration must notify the worker of the upcoming vacation 2 weeks in advance.
But often employees are accepted into the organization after such a schedule is approved. A new employee has the right to rest after 6 months. after employment.
To use it, you must send a leave application to the head of the organization. The director reviews the document and makes a decision on it. When the “I don’t object” visa is stamped on the document, it goes to the HR department, and then to the accounting department, where all the necessary calculations are made. Vacation pay must be paid to the employee no later than 3 days before the start of the vacation.
Below is an application for leave (sample 2019) for 14 days. A new employee whose rest was not taken into account when approving the schedule can apply to the employer with such a document.
Sample application for annual paid leave
You can download the vacation application 2021 (sample) for free on our website.
Days at your own expense
According to Art. 128 of the Labor Code of the Russian Federation, an employee may also express a desire to go on an extraordinary vacation due to family circumstances and other valid reasons (for example, to care for a sick relative). In this case, it is advisable to document this need. The duration of rest is determined by agreement between the employee and the employer.
There is a list of persons whom the employer does not have the right to refuse:
- for working old-age pensioners - up to 14 days a year;
- parents and spouses of deceased military personnel - up to 14 days a year;
- working disabled people - up to 60 days a year;
- employees in cases of wedding, birth of a child, death of close relatives - up to 5 days;
- in other cases specified in the Labor Code of the Russian Federation, federal laws or in the collective agreement.
What circumstances do you mean? For example:
- according to Art. 173 and 174, the employer is obliged to provide days without pay to the following employees: admitted to entrance examinations to higher and secondary educational institutions; students of preparatory departments; full-time students who combine work and study;
- Art. 286 of the Labor Code of the Russian Federation states that employees who are part-time workers are provided with mandatory days at their own expense only if the leave at the main place of work exceeds the part-time rest;
- Rest without pay is also provided to workers of the Far North for travel to and from their place of rest (Article 322 of the Labor Code of the Russian Federation).
If you are denied leave
Workers who do not fit the above categories may be denied days without pay. In case you were refused, but really need to go on vacation, we have prepared step-by-step instructions on how to properly complain to the State Tax Inspectorate - but this is the last argument.
A sample application for leave at your own expense is similar to the one presented above. The difference is in indicating the reason and the words “at your own expense” after the word “vacation”.
Such a petition is submitted when an employee needs time to solve personal problems. The days provided are not subject to payment; the employee simply gets the opportunity not to work on the specified day.
IMPORTANT! If the number of days taken by the employee at his own expense turns out to be more than 14 per year, then more than the specified number will not be counted towards the length of service.
Request for leave followed by dismissal
According to Art. 127 of the Labor Code of the Russian Federation, an employee can go on vacation before dismissal or receive financial compensation. True, providing days before terminating an employment contract is a right, not an obligation of the employer.
Even if management is not against it, it is necessary to draw up a written appeal.
The request has the same structure as already discussed above:
- a cap;
- the word "Statement";
- text asking for days. It indicates the start date of the vacation, its duration, and the reason for dismissal. The last day of rest will be the date of dismissal of the employee.
Sample application for leave 2021 with subsequent dismissal
The following must be remembered:
- Part 1 art. 127 of the Labor Code of the Russian Federation states: if the employer refuses to provide a resigning employee with paid rest, he must pay compensation for unused days.
- If the employer has agreed to provide the employee with rest before dismissal, it is necessary to issue an appropriate order. The form of the order for the provision of rest with subsequent termination of the contract can be developed by the enterprise’s personnel officer independently. The main thing is that it must contain all the necessary details specified in Part 2 of Art. 9 Federal Law No. 402 dated December 6, 2011. You can also issue two separate orders: for vacation - in form No. T-6 (T-6a) and for termination of the contract - in form No. T-8 (T-8a).
There are situations when an employee does not have the opportunity to take the entire vacation for the required period. In this case, you can write an application for unused vacation according to the sample and take off the missing days. Employees also often ask to replace vacations with monetary compensation. Read more about all the nuances in our article.
Legislative regulation
According to the Labor Code of the Russian Federation, all employees are provided with paid leave annually. Its duration is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). The employer can increase this time through additional leave - for irregular working hours, special working conditions, length of service, etc. (Article 116 of the Labor Code of the Russian Federation).
You can read about who is granted additional leave.
However, it is not always possible to use all of your vacation. There may always be a need to return to work early.
Let's look at the situation with an example:
- Last year, a certain Alexander went on vacation for a total duration of 36 calendar days (28 days of main vacation and 8 additional ones).
- After 23 days, Alexander was recalled from leave due to production needs.
- A very important point here is the mandatory execution of an order to recall an employee from vacation. Thus, he has 13 days of vacation left. How can he use the remaining days?
Watch a video about unused vacations:
Sample application for vacation leave
A sample application for non-vacation leave is a document that can be copied and used, substituting your data, if the employee decides to exercise the right to receive rest in the amount due by law and inform management about his decision. The article indicates cases of rescheduling and extending vacation, tells how to take advantage of unused days, and how to draw up an application. ConsultantPlus FREE for 3 days Get access
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.
Source: https://macros-ht.ru/spravochnik/zayavlenie-za-neotgulennyj-otpusk/
Legislative regulation
According to the Labor Code of the Russian Federation, all employees are provided with paid leave annually. Its duration is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). The employer can increase this time through additional leave - for irregular working hours, special working conditions, length of service, etc. (Article 116 of the Labor Code of the Russian Federation).
You can read about who is granted additional leave.
However, it is not always possible to use all of your vacation. There may always be a need to return to work early.
Let's look at the situation with an example:
- Last year, a certain Alexander went on vacation for a total duration of 36 calendar days (28 days of main vacation and 8 additional ones).
- After 23 days, Alexander was recalled from leave due to production needs.
- A very important point here is the mandatory execution of an order to recall an employee from vacation. Thus, he has 13 days of vacation left. How can he use the remaining days?
Watch a video about unused vacations:
Financial compensation
In accordance with Article 126 of the Labor Code of the Russian Federation, an employee has the right to replace unpaid vacation days with monetary compensation. There is one subtlety here: compensation can only replace additional leave; the employee must use the main leave of 28 days in full (Article 126 of the Labor Code of the Russian Federation).
That is, Alexander can take 5 days off at a time convenient for himself (in agreement with management), and replace 8 days of additional leave with monetary compensation. Compensation can be requested for all or part of the additional leave.
Not all categories of workers can receive monetary compensation instead of vacation. Young workers under the age of 18, workers employed in hazardous (hazardous) production and pregnant women must take full leave (Article 126 of the Labor Code of the Russian Federation). They are not provided with monetary compensation.
The only exception is vacation compensation upon dismissal of an employee. In this case, the employee is provided with compensation for all vacations not taken, both for the main and for the additional ones (Article 127 of the Labor Code of the Russian Federation).
In this case, you do not need to write an application for compensation upon dismissal - the employer is obliged to do this automatically.
Vacation not taken
This document should reflect information about the timing and types of vacations. In addition, try to explain the reason why you want to receive money. It is advisable that she be respectful. For example, money is needed for a wedding, education or treatment of relatives. As a rule, in such cases the employee is met halfway. But the types of leave and the periods for which you were entitled to it must be reflected very clearly. By the way, they can be different. Often management tries to avoid spending money. In this case, if you do not want to change your job, then consider legal proceedings. It’s better to talk to management about this. He will quickly lose the desire to save on your rights.
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For example, the pace of production is such that it is impossible to leave. Or the person himself does not want to be distracted from the work process. In principle, the reason itself does not matter much. It is important that unpaid leave must be taken into account and recorded. As a rule, such issues are dealt with by the personnel department or accounting department (in small enterprises). The employee has the right to demand that management exercise their legal rights. Moreover, he is given the opportunity to take rest days or receive money for missing them.
Decor
In addition to the standard information of the manager and the applicant, the application for monetary compensation must indicate the following points:
- “Compensation for additional paid leave” must be indicated.
- For what period of work leave is granted (calendar year is indicated).
- The number of days of additional paid leave for which you would like to receive payment.
- Date of writing the application.
- Applicant's signature.
Sample application for financial compensation:
The application for unused vacation must indicate:
- For what period of work is vacation granted (calendar year).
- From what date would the employee like to go on vacation?
- Duration of vacation.
- If the employee was recalled from vacation by order of management, the application must indicate the number and date of the recall order.
- Date of writing the application.
- Applicant's signature.
Application example:
The employee has the right to take regular leave in installments. Necessary condition: one of its parts must be at least 14 calendar days.
Often, unscrupulous employers scare employees with the fact that unused vacation days “burn out” and cannot be used at the end of the calendar year. However, it is not. If you didn't go on vacation last year, you can easily add last year's vacation to this one. This is regulated by Article 124 of the Labor Code of the Russian Federation.
If an employee was on sick leave during his next vacation, at his request the vacation is extended for a period of temporary incapacity for work.
Vacations used in full and without interruption are the exception rather than the rule in our time. In order to use the days of rest provided by law, book your vacation correctly!
Sample application for vacation leave
A sample application for non-vacation leave is a document that can be copied and used, substituting your data, if the employee decides to exercise the right to receive rest in the amount due by law and inform management about his decision. The article indicates cases of rescheduling and extending vacation, tells how to take advantage of unused days, and how to draw up an application. ConsultantPlus FREE for 3 days Get access
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.
Is it possible to take it?
An additional day off, issued on account of vacation, can be issued in several ways:
- Advance payment towards vacation, taking into account that in the future this day will be worked.
- At the expense of existing vacation days that have not been used previously.
In both cases, the applicant receives payment for the day of rest. In this case, it is necessary to correctly formulate the content of the statement.
The final decision on granting time off is made by the manager, except in cases where the basis is enshrined in the Labor Code of the Russian Federation.
How to write applications for time off for previously worked time?
Advance with subsequent processing
Thus, time off is taken out if the time for annual leave has not yet come, or the employee has not worked the time after which he is entitled to paid time off. Time off is taken in advance - first a day off, then a working day. For example, an employee can work this time on his legal day off.
Any actions related to labor relations must be documented.
To receive a day off, an employee must draw up a special application, which must clearly reflect the reason why the employee needed an additional day of rest.
Most often, family circumstances are indicated.
After the application reaches the employer, the latter must make a decision on the issue specified in it.
It is important to take into account that he takes it independently, taking into account production features and capabilities. If agreed, an order is issued to grant time off.
If time off is taken into account for time previously worked, it is not necessary to indicate the reason why it is necessary. In other situations, the circumstance that prompted the employee to take a day off mainly affects its provision.
To account for non-vacation holidays
The Labor Legislation of the Russian Federation stipulates that an employee’s vacation period can be divided into several parts. Moreover, one of them cannot be less than 14 days. Registration of the remaining 14 days of rest can be divided into shorter intervals; theoretically, the law does not prohibit them from being divided by days or even by hours.
When applying for time off to account for unused vacation, it is important to reach an agreement with the employer.
Vacation is the legal rest of a working citizen. It applies to all employees who have worked at the same enterprise for 6 months or more.
Situations may arise in which an employer calls an employee back from vacation. It should be noted that this can only be done in the presence of circumstances reflected in the Labor Code of the Russian Federation, or with the consent of the employee. In other situations, the actions of the organization’s management will be considered a violation of Labor Legislation.
The days remaining after recall from vacation can be added to the subsequent rest period or compensated in cash. It is also possible to use the remaining days as days off.
The peculiarity of such days off is that they are not considered time off, but act as the employee’s right to use vacation days not taken off.
