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Transfer of vacation to the next working year. Making a transfer of vacation

After considering the issue, we came to the following conclusion:

The next paid leave of 28 days, not used by the employee in the relevant working year, cannot be replaced by monetary compensation and must be provided to the employee no later than 12 months after the end of the specified year.

Rationale for the conclusion:

In accordance with part one of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. Note that vacation is provided not for a calendar year, but for a working year (Article 122, part three of the Labor Code of the Russian Federation).

The working year is 12 months, included in the length of service, giving the right to annual paid leave (Labor Code of the Russian Federation). At the same time, the working year is calculated not from January 1, but from the day the employee enters work for a specific employer (clause 1 of the Rules on Regular and Additional Leaves approved by the USSR Tax Code of April 30, 1930, Rostrud of December 8, 2008 N 2742-6-1 ).

Vacation can be granted at any time of the working year (part four of the Labor Code of the Russian Federation).

Unused leave is carried over to the next year and must be used no later than 12 months after the end of the working year for which it is granted (part three of the Labor Code of the Russian Federation). It is prohibited not to provide annual paid leave for two consecutive years (part four of the Labor Code of the Russian Federation).

Monetary compensation at the written request of the employee may be replaced by part of each annual leave exceeding 28 calendar days, or any number of days from this part. This rule also applies to cases where annual paid holidays are summed up or unused annual paid holidays are transferred to the next working year (Labor Code of the Russian Federation). The specified rule on the replacement of vacation with monetary compensation can only be applied to those categories of employees for whom the main paid leave is provided for more than 28 calendar days or who are entitled to additional paid leave (Labor Code of the Russian Federation). If the duration of the vacation is 28 calendar days, its replacement (in whole or in part) with monetary compensation is not allowed.

Thus, if the employee did not use his right to a vacation of 28 days in the current working year, the specified vacation cannot be replaced by monetary compensation, but must be provided to the employee and used by him no later than 12 months after the end of the working year for which he is granted .

The only exception when, with the duration of annual leave equal to 28 calendar days, monetary compensation can be paid for it, is the case of dismissal of the employee. Then all unused vacations are compensated (part one of the Labor Code of the Russian Federation).

Because in the situation under consideration labor Relations with the employee continue, the replacement of vacation not used in the previous working year with monetary compensation is not allowed (with the duration of the vacation - 28 calendar days).

The issuance of monetary compensation to such employees instead of providing 28 days of vacation is a violation of labor legislation, for which the employer may be held administratively liable under the Code of Administrative Offenses of the Russian Federation.

Prepared answer:

Legal Consulting Service Expert GARANT

Naumchik Ivan

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Barseghyan Artem

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

Leave workplace at the moment it is not possible, and the option of transferring the vacation to the next year is the best solution.

Registration of vacation for the next year begins with writing an application. Management cannot not send an employee on vacation for two years. This is a violation of the law.

How to write an application:

The name of the management of the enterprise is written in the upper right corner. After that, the initials and surname of the employee are written on behalf of whom the application is.
In the center of the page after retreating down, you need to write the word: “Statement”
The appeal on behalf of whom and the reason for the postponement of the vacation are written in the text. It will not always be sufficient to indicate one reason, you need to attach a document confirming this action.
At the end, you need to put the signature of the person who was the applicant.

The head of the enterprise must make a resolution on the postponement of the deadline, as well as indicate what needs to be done. Signatures and their dates are important when signing a document.

When extending the leave, no other documents are required. The administrative act indicates the reasons for the transfer, and the employee must agree on the order of the head.

It is forbidden to transfer to another number or replace with payment. A different date cannot be determined by employees working in hazardous production or underage employees.

Granting leave to pregnant women is possible before going on maternity leave or rescheduling for a time after the decree. The transfer must be agreed with the employee, otherwise everything will be contrary to the law.

Grounds for postponing vacation

There are a number of reasons for postponing a vacation at the request of an employee, but the most common is an inconvenient time for rest. It is possible that this is winter time, and this is far from suitable for everyone. Vacation in the winter does not always suit the employee, so there are grounds for transferring to the summer season. This is because staff opinions are not always taken into account when scheduling.

The employee has reason to postpone the vacation for the following reasons:

If you want to go on vacation with your spouse.
When registering a marriage.
On the occasion of the birth of a baby.
If a loved one has died.

If the cases are the last, then the earnings are not saved.

When an employee was on sick leave during the rest period, the vacation is automatically extended. If the child is more before the vacation, then the mother can also ask for a transfer of rest time. The sick leave is paid in the same amount as when the employee himself is on treatment.

An agreement to postpone the deadline with management is carried out in a number of cases. The employer is obliged to postpone the rest time of the employee, in connection with the listed grounds.

Educational

If the employee has the status of a student and is studying in educational institution, then he is entitled to leave on the basis of legislative norms.

Rest days must be provided:

If the company is on staff.
The institution is accredited.
There are no arrears in credits and exams.
Gets an education for the first time.
There is a document confirming the call.

For child care

On the basis of the adopted legislation for the care of the baby, leave is due. This time is determined not only for mothers, but also for other family members or caregivers. One of the conditions for granting is employment. Relationship must be documented.

Vacation is divided into two periods:

Until the child reaches 1.5 years of age
If the age of the baby is from 1.5 to 3 years.

On the basis of employment agreements, this leave is issued. The report begins at the end of the decree. Perhaps registration from the date when the baby appeared. If other family members take care of the baby, then the vacation is calculated from the date of birth and ends in 1.5 years. The time provided for childcare may be terminated if the woman or other representative wrote a statement and went to work. The allowance is paid from the FSS.

Upon reaching the baby of the age of three, citizens also have the right to take a vacation.

Mom has the right to write an application for the postponement of annual parental leave.

Extra days

Additional vacation days are due in the following cases:

If the employee has an irregular working day. The duration is set by local documents adopted at the enterprise. A minimum of three days is given for the main rest time.
When working in special conditions production: danger or the presence of harmful factors. If the work is done under adverse conditions, then compensation is due. These include the provision of additional rest days. Reason: special assessment of working conditions and attestation cards. An employment agreement is concluded with the employee, which discusses the number of days provided in addition.
When working in climatic conditions in cold weather. Work in the northern regions adversely affects health, in connection with this, a decision was made to provide additional days of rest.
When performing tasks of a special nature. If an employee has worked in this mode for more than three years, then he is entitled to additional days.
If it is prescribed in the legislation on the provision of additional days. If a citizen is recognized as disabled, but at the same time he is able-bodied, then he is entitled to additional leave.

If the employee does not have the right to provide additional days to the main vacation, then the employer may consider the request at its discretion. AT collective agreement or other local act, it should be prescribed in which cases this rest time is provided.

If caught during the holidays holidays, then this amount is not included in vacation pay. Everything must be clearly defined in the application for leave.

Part of the vacation

If the vacation is divided into parts, then it should be borne in mind that one half should be no more than 14 days, and the rest can be divided at your discretion. These actions do not contradict the requirements of legal acts, but not all managers have a positive attitude towards this. This happens because it creates difficulties in obtaining benefits. In addition, the division into separate days can hardly be called a full-fledged rest.

If an employee decides to divide the vacation into several parts, then he must know that he is given 28 days for a full rest. An employee may have other privileges for taking other days off.

What vacations are found:

An appeal to the employer can be submitted for the division of vacation during the working days. Taking into account the days off, you can apply for an extension of the rest time. In fact, the employee rests for five days. With this breakdown technique, the number of rest days is increased. But accrual of vacation pay will be made in 28 days.
On weekend. 14 days are mandatory. The management of the enterprise is staffed with employees. Holidays are paid for. In fact, labor legislation has not been violated, but if employees give consent, then it is still recognized as illegal.
Employees can schedule vacation days for personal needs, such as going to the doctor. To do this, you need to specify good reason in the application and indicate that rest days are provided on account of the main rest.

Application and order to postpone the vacation

In order to prepare an order for the transfer of rest time, it is necessary to indicate the main reason for the circumstances that arose due to personal needs or production needs.

Changes are made to the approved vacation schedule, regardless of the circumstances. If the terms of the employment agreement are violated, then the employee's right to choose is automatically lost. This opportunity is provided when the term is postponed by the employer.

What should be included in a regulation?

circumstances of the change.
Link to an existing employee request.
The new rest time is indicated.
Recalculation of vacation pay in accounting.
Requirement in personnel department to make changes in calculations.
The head of the facility must put his signature.
The employee himself should be familiar with the text of the document.

The document is considered valid if the employee is familiar with it and the date of familiarization is set.

Features of the transfer to the next year

Rest time is provided to each employee. This is how the law interprets it. In practice, there are different things, and the transfer of vacation may be associated with the personal motivation of a citizen or the needs of production.

If the employee does not have enough motivation to transfer or there is no good reason, then the manager has the right to refuse.

Transfer features list:

Achieving consensus between management and employees. If this is not achieved, then it will not be possible to transfer the vacation to another time.
Force majeure circumstances may arise, that is, unforeseen circumstances, on the basis of which it will be necessary to postpone the vacation for another time.

On the part of the administration of the enterprise or the employee, various events may occur.

Vacation schedules are subject to change:

If when executing production tasks unforeseen circumstances arose. Employee's vacation given time becomes impossible, so the manager is forced to leave him at work until the completion of all cases.
If the employee shows good reasons. It could be an illness or family circumstances.

Annually employee the right to take another paid vacation. The procedure for granting leave is strictly regulated by labor legislation, and the employer is obliged to strictly comply with the norms of the law regarding planning, coordination of priority, and scheduling. Sometimes there are circumstances that prevent the use of the right to leave, both on the part of the administration of the enterprise, and at the initiative of the employee.

The conditions for granting, the nuances of registering the leave of an employee are agreed with the provisions of Ch. 19 TK. Before talking about the possibility of transferring vacation days to a new period, it is necessary to figure out what is the permissible duration of the transferred vacation.

The main provision of the law obliges the administration to release employees on 28-day leave every year with the preservation of the workplace and pay. In some situations, additional vacation days are mandatory. while maintaining wages:

The employee is involved in hazardous production.
The types of work performed take place in life-threatening and health-threatening circumstances.
Use of non-standard mode of operation.
Work in the conditions of the Far North, other special territories.

Additional days can also be received by pregnant employees (based on Art. 255 of the Labor Code), the need to care for a minor dependent (Art. 256 of the Labor Code), who are studying full-time (Art. 173).

Documentary grounds

The transfer of vacation in 2018 must be agreed with the following documents:

Labor Code of the Russian Federation;
collective agreement;
individual labor agreement;
company's internal regulations.

If a trade union operates at the enterprise, all actions related to the provision or transfer of days of rest are also consistent with it. Leave can only be taken with the consent of the employee. The law allows partial use of paid days, provided that one of the parts is 14 days or more.

Information on the procedure for using non-holiday days in the next period is given in Art. 124 of the Labor Code of the Russian Federation.

Is transfer legal?

Within the framework of the provisions of Article 124, the law allows the transfer due days leave under the following conditions:

Mutual consent of the administration and the employee.
There must be compelling reasons consistent with the law.
Job responsibilities allow the possibility of working without rest during the year (harmful or dangerous production, minor age of the employee).

Labor law prohibits the administration from refusing to rest if the employee does not agree with the management's opinion on this issue. The absence of vacation for two consecutive years is also unacceptable. Violation of these rules threatens with a serious fine for the company.

At the initiative of the worker

Sometimes the employee himself decides that he does not have to leave for a long period, intending to subsequently use the accumulated days at his own discretion. It is important to correctly arrange the change in vacation time in order to retain the right to rest next year.

Good reasons to move holiday period relate:

The coincidence of rest time with a period of illness or serious injury, one hundred confirms the sick leave.
Lack of due payment for the next vacation no later than 3 days before leaving (Article 136).
the employee did not receive a notification from the administration 2 weeks before the start of the vacation;
Fulfillment of obligations to the state related to military registration, military training, giving evidence to law enforcement agencies, participation in court, including serving on juries.
other situations statutory RF.

Drawing up an application

The main document that initiates the process of issuing a vacation or transferring it is a statement from an employee.

The application is drawn up according to the sample, taking into account certain requirements for the execution of the document. Mandatory details of the document include:

The document is addressed to the competent official indicating his position, surname, initials.
It is obligatory to indicate from whom the document comes - the surname, initials, position of the employee.
The text of the application itself contains a request for rescheduling with an exact indication from which period to which days.
As confirmation of the validity of the transfer, indicate the reason and provide a link to a document that can confirm this fact.
Signed and dated at the bottom.

Attachments to the application are copies of papers confirming the grounds for the transfer.

If the interests of the enterprise are not affected, the administration decides to satisfy the request of the employee. If the postponement would materially impair manufacturing process or otherwise result in loss, the request will be denied.

At the initiative of the employer

The Administration may also initiate a postponement, subject to the following circumstances:

paid vacation is transferred no later than a year;
the procedure must be agreed with the employee;
production necessity requires the presence of a person in a certain period of time, even if it falls on vacation days.

In order to arrange the transfer to a later period, the administration is obliged to notify the person in advance and obtain his consent.

Notification takes place in writing, indicating the reasons why going on vacation is not possible at the previously agreed time according to the schedule.

The matching algorithm looks like this:

Notice to the employee in writing.
Coordination.
Issuance of the relevant internal order.
Change of information in the documentation for accounting of working hours.

After the administration postpones the employee’s rest period, next year a person has the right to choose a vacation period at his own discretion, without the need to take into account the priority in the general schedule.

Compensation instead of vacation?

AT individual cases vacation not taken off can be compensated with money, however, this procedure is limited by law.

A person is not entitled to receive compensation if the unused period did not exceed 28 days. This rule is based on a clear setting of the law - every employee has the right to paid leave every year and can exercise this right, based on the provisions of the Labor Code.

In the following situations, compensation is still possible when it comes to:

parts additional leave exceeding 28 days;
accumulated from the previous year.

Thus, during the period of work, it is prohibited to receive money instead of the usual regular vacation. The exception is cases of dismissal, when the transfer of rest to a new period is no longer possible.

Unused vacation upon dismissal

Despite the establishment of the law obliging to let employees go on paid leave, situations may arise when, at the time of dismissal, an employee has accumulated an unused right to regular holidays for several years.

Only in the event of dismissal, the employee is entitled to receive monetary compensation for the entire unused period. While the employee is in the state, such compensation for refusing leave for several years is not payable.

If the employee continues to work, the unused part can only be added to the new accumulated rest period in the next year.

If, upon dismissal, an employee is faced with a refusal to pay for the entire period of vacation, the dismissed employee must contact labor inspection. In response to his appeal, an inspection will be scheduled. In the event that the fact that a person has not taken a vacation for a long period is revealed, the company is brought to administrative responsibility with the payment of a fine of 50 thousand rubles and the full repayment of unspent vacation with monetary compensation.

After considering the issue, we came to the following conclusion:

Rationale for the conclusion:

In accordance with the first part of Art. 122 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. Note that vacation is provided not for a calendar year, but for a working year (Article 122, part three of Article 124 of the Labor Code of the Russian Federation).

Vacation can be granted at any time of the working year (part four of article 122 of the Labor Code of the Russian Federation).

Unused leave is carried over to the next year and must be used no later than 12 months after the end of the working year for which it is granted (part three of article 124 of the Labor Code of the Russian Federation). It is prohibited not to provide annual paid leave for two consecutive years (part four of article 124 of the Labor Code of the Russian Federation).

Since in the situation under consideration the employment relationship with the employee continues, the replacement of vacation not used in the previous working year with monetary compensation is not allowed (with a vacation duration of 28 calendar days).

The issuance of monetary compensation to such employees instead of providing 28 days of vacation is a violation of labor legislation, for which the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Legal Consulting Service Expert GARANT

Response quality control:

Reviewer of the Legal Consulting Service GARANT

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

Annual paid vacation inalienable right every worker. However, it happens that it is not possible to take full advantage of it. Often, employees are forced to postpone their legal holidays to a later date or split them into several parts. We will figure out how to act correctly in each of these situations, what documents should be drawn up carry over to next year, and what should be done to comply with the norms of domestic legislation.

When can I change my vacation date?

Annual rest is guaranteed to all employees, regardless of the type and legal form of the company where they work. This provision is enshrined in Art. 114 of the Labor Code of the Russian Federation. See also "Procedure for granting annual paid leave".

The sequence in which the company's personnel will be absent from work is, in practice, fixed by a special vacation schedule. According to the rules, it is drawn up 14 days before the new calendar year and approved on behalf of the head. From this moment on, the schedule becomes mandatory for the organization's personnel.

It is clear that it is impossible to perfectly plan the future vacation of all employees of the company. Yes, in large organizations there is a constant rotation of personnel, and in small firms, the illness or dismissal of one of the employees can jeopardize the schedule as a whole. See also "Vacation schedule".

So that the guaranteed rest does not disappear and continues over time, established by law for workers in this category, let's say transfer of vacation. The grounds for changing the start date of the holiday may be:

by necessity;
illness or injury confirmed by a certificate of incapacity for work;
performance of public duties;
untimely payment of vacation;
notification of the employee about the start of the holiday later than two weeks or the absence of a corresponding notification;
other cases stipulated by Russian legislation.

A special document will help notify the employer about the change in the start date of the holiday - leave application for next year. It must be written by every employee who is not able to go on vacation at the scheduled time.

How to arrange

The document fixing this fact does not have a legislatively established sample. If the company has developed appropriate templates, then they use them to write an application for transfer. If local normative act the form of this document is not established, it is compiled in accordance with the rules of business turnover.

The requesting part of the statement is usually transformed depending on whose initiative the employee's rest time is adjusted.

At the request of the authorities

Most often, the date of retirement is shifted at the initiative of the organization. In order to properly arrange postponement of vacation due to production needs must obtain the consent of the employee. To do this, you must notify him in writing of the reasons for changing the rest time.

Please note that in this situation, the legislators protected the interests of the employee by the relevant norm of Art. 124 of the Labor Code of the Russian Federation. If the vacation is moved at the initiative of the organization, the employee has the right to use the postponed vacation days at any time convenient for him within 1 year.

Employee wish

An employee of the organization may also be interested in moving the start date of the holiday. In this case transfer of leave at the request of the employee occurs on the basis of a statement written by him addressed to the head.

vacation start and end dates in accordance with the schedule;
good reason for the transfer;
a link to a supporting document (if any) or a reasoned explanation of the reasons that prompt the employee to request a shift in the start date of the holiday;
the period of time for which it is planned to shift the vacation.

If the reason for the transfer was the reasons provided for by the norms of the law, supporting documents or their copies should be attached to the application. This may be a sick leave certificate, a certificate of performance of state duties, and so on.

The employer usually agrees to a change in vacation periods for personal reasons, if this does not entail negative consequences for the company as a whole. Otherwise, the employee will go on vacation according to the approved schedule.

Why some will only be able to rest next year

Often, employees of the company have doubts: Is it possible to carry over the vacation to the next year?? Due to objective reasons, such a situation is quite possible. Moreover, it is permissible to change the rest period both at the request of the employer and at the initiative of the staff. In both cases, such actions require good reasons.

If you have not encountered such a situation in practice and are in doubt, Is the vacation carried over to the next year?, look at part 3 of Art. 124 of the Labor Code of the Russian Federation. It is expressly stated there: if the employee has not managed to use the days of rest due to him in the current year, they can be provided to him within 12 months after the end of the corresponding working year.

Please note that it is prohibited to refuse annual leave for two consecutive years.

Application Template

In order to simplify the workflow, as well as to exclude the receipt of incorrectly executed documents by the personnel department of the organization, it is recommended to develop and approve an application form for changing the start date of the vacation. Filling it out, employees will spend much less time and will not make mistakes.

In large organizations, in addition to the form, it is advisable to draw up a sample of filling out the corresponding application. In this case, the company's employees will be able to write a request to shift the rest to a later date without the help of a specialist personnel service.

Please note that any application for rescheduling leave must meet the following requirements:

The heading of the document indicates the position, surname and initials of the head, as well as the position, surname and initials of the employee making the request.
In the content part, they formulate a request for rescheduling, indicating the dates of the planned and expected vacation period, and also describe the reason why the adjustment of the rest time is necessary.
At the end of the document put the date of its compilation. Written is certified by the employee's own signature.

Is it illegal to carry over a vacation to the next year?

Will the violation transfer the vacation to the next year at the request of the employee? If possible, the law, articles, etc. Thank you very much in advance.

Lawyers Answers (3)

Your situation is not entirely clear.

For now, I can only give you an article Labor Code RF:

Article 124. Extension or postponement of annual paid leave
Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases:
temporary disability of an employee;
performance by the employee during the annual paid leave of state duties, if for this purpose the labor legislation provides for exemption from work;
in other cases provided for by labor legislation, local regulations.
If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, the employer, upon a written application from the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee.
In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of the organization's work, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.
It is prohibited not to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous conditions labor.

Clarification of the client

Until January 31, I have to spend my vacation. But I don’t need this vacation in January and I ask the employer to postpone it to March. The employer does not sign the application, because, according to him, this will be a violation - to provide it later on January 31.

Have a question for a lawyer?

Olga, good afternoon.

Will the violation transfer the vacation to the next year at the request of the employee?
Olga

No, there will be no violation, but certain conditions must be met.

Art. 114 of the Labor Code of the Russian Federation.

Employees are granted annual leave while maintaining their place of work (position) and average earnings.

Art. 122 of the Labor Code of the Russian Federation.

Paid leave must be granted to the employee annually.

The right to use leave for the first year of work arises from the employee
after six months of continuous work at this employer.
By agreement of the parties, an employee may be granted paid leave before the expiration of six months.

Vacation for the second and subsequent years work can be provided at any time of the working year in accordance with the order of granting annual paid holidays established by the given employer.

Art. 123 of the Labor Code of the Russian Federation.

The sequence of granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.

Art. 124 of the Labor Code of the Russian Federation.

Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases:

Temporary disability of the employee;

Fulfillment by the employee during the annual paid leave of state duties, if for this the labor legislation provides for exemption from work;

—in other cases provided for by labor legislation, local regulations.
- If the employee was not paid on time during the annual
paid vacation or the employee was warned about the start time
this leave later than two weeks before its start, the employer
at the written request of the employee, he is obliged to postpone the annual paid leave for another period agreed with the employee.

In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.

Forbidden

failure to provide annual paid leave for two years
in a row, as well as not providing annual paid leave
workers under the age of eighteen and workers employed in
work with harmful and (or) dangerous working conditions.

There will be no violation on the part of the employer if there is a statement from you. Rules that would regulate this situation in labor law no, only those cases that I listed above. Therefore, try to negotiate with the employer in a voluntary manner.

And the application can be sent by registered mail with notification and description.

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Rollover procedure for next year

The right of annual leave is granted to every working citizen by law. Fulfilling the prescribed rules of labor legislation, employers plan the rest time for employees, determine the order, and draw up schedules.

However, it is not always possible to take the days off on time. The change in the schedule can be influenced by the desire of the employee himself, who is trying to prove his indispensability in the workplace or does not want to go on vacation for personal reasons. There are also cases in which the employer does not allow rest, when the situation at the enterprise requires the presence of an employee at the workplace.

In order to properly and legally dispose of unused vacation, you should know what to do if it was not possible to rest during the working year. A properly executed transfer of vacation to the next year will allow the employer to avoid problems with the labor inspectorate, and the employee to take advantage of extra days rest or receive compensation for them.

Provisions of the Labor Code

The procedure for granting vacations in 2018 is regulated by Chapter 19 of the Labor Code of the Russian Federation. According to it, the employer is obliged to release each of the employees on vacation for at least 28 days annually. In addition to the main one, the Labor Code enshrines the right of certain categories of citizens to additional leave.

The need to allocate additional paid vacation time is based on several criteria:

the work is associated with hazardous production or is of a special nature;
performance of labor duties takes place in dangerous conditions;
the working day of the employee is irregular;
the company operates in regions that are designated as special zones, for example, in the Far North.

Depending on the circumstances, the main vacation of employees can be extended by three or more days.

women during the prescribed period of pregnancy (art. 255);
child care (Article 256);
employees undergoing full-time or part-time training (Article 173).

By agreement with the employer, in case of urgent need, the employee can take unpaid additional leave.

labor legislation;
terms of the collective agreement;
terms of the employment contract;
local regulations.

An employer's decision to grant additional paid leave beyond the statutory periods must take into account the views of employees. Therefore, they are accepted by agreement with the trade union.

The legislation allows the division of the total number of days off into several parts, one of which must be more than 14 days.

At the same time, in exceptional cases, it is allowed to skip the annual rest, or part of it. In this case, you can supplement the next year's vacation period with non-vacation days, or receive compensation for them.

According to Article 124, the transfer of the rest period is possible if:

the employee and the employer agree to the transfer;
there are weighty grounds for this, legally defined both for the employee's side and for the employer's side;
the employee does not belong to a category for which the absence of annual rest is unacceptable.

The latter include workers who are employed in hazardous and hazardous industries, as well as employees who are under 18 years of age.

It is strictly forbidden to allow employees to have no vacation for two years in a row. It is also impossible to deprive an employee of rest against his will. For such violations of the law, penalties are applied to the management of the enterprise.

Application form for the transfer of vacation at the initiative of the employee

What types of recreation can be transferred

The possibility of changing the dates applies only to such types of recreation that are social guarantee provided by the state hands of the employer.

These include paid rest periods provided as:

The employee and the employer can independently manage only basic and additional holidays. With regard to the postponement of educational, maternity and parental leave, documented grounds are required to change the term.

For study periods - documents from educational institutions.

The basis for issuing a decree is a sick leave. Legislation protects women during periods: pregnancy, childbirth and baby care.

The employer does not have the right:

recall an employee from the decree;
replace this type of vacation with monetary compensation;
is obliged to provide parental leave to one of the members of the family in which the baby appeared, and also to keep the position and salary for this employee.

A woman has the right to refuse a decree and parental leave, but in this case she will not be paid "sick leave" and benefits. Leave intended for the care of an infant up to three years of age is guaranteed both for the mother and other close relatives of the child. Importantly, the employer is required to provide paid time on this basis to only one family member who actually cares for the child.

During these three years, the employee can interrupt and arrange this type of leave repeatedly, as well as work on conditions agreed with the employer without loss of benefits.

Common options are:

performance of work duties at home;
part-time;
shortened work week.

You cannot transfer the unused part of the decree and parental leave. Also, the possibility of transfer does not apply to exemptions from work, which are granted to employees without pay.

In order to exercise the right to postpone non-vacation leave, both the employee and the employer must have a good reason for this and correctly draw up the documents.

At the request of management

The legal grounds for skipping scheduled rest periods are determined by law.

You can transfer the rest at the request of the management:

not more than one year;
only with the consent of the employee;
if at the time of the employee’s scheduled rest, the presence of the latter at the workplace is necessary.

The reason why an employee's annual leave can be rescheduled must be valid. The legislation allows the cancellation of an employee’s vacation or his recall from vacation if urgent circumstances arise in which the absence this employee entail serious Negative consequences for the further operation of the enterprise.

Read here how certification of accountants is carried out.

Registration of the transfer, made at the initiative of the management, consists of:

a written notice to the employee, which describes the reasons for the change in terms;
obtaining the consent of the employee;
issuance of a transfer order;
making changes to accounts.

It is important to consider that if the deadlines are shifted at the request of the management, then during the next working year the employee has the right to choose any time for the annual rest, which will be convenient for him.

At the request of the employee

The transfer of rest at the initiative of the employee is possible on the basis of his desire, which requires the consent of the employer. And also in the event of circumstances in which the manager is obliged to postpone the vacation to another time, if the employee makes such a request.

It's necessary:

military age called for military registration;
a soldier, and is called up for military training;
summoned to law enforcement agencies to testify;
summoned to the judicial authorities as a participant in the process or a juror.

The basis will be a document provided by state authorities.

In the event of the above circumstances, the employee must draw up an application for the postponement of the vacation, indicating in it a good reason that allows changing the vacation schedule approved at the enterprise.

The procedure for applying for the transfer of vacation to the next year

Proper vacation planning and timely notification of employees are important components labor discipline. Particular care should be taken with data on postponement, since if accounting is incorrect, part of the vacation days of employees may remain unfulfilled for more than two years. If the labor inspectorate during the inspection finds such a violation, the company may face a hefty fine.

Therefore, control should be carried out at all stages of the transfer, starting with the registration of the employee's application and ending with the use of the free part of the vacation left over from the previous year.

Sample letter of rescheduling vacation

Sample Application

An employee who decides to postpone the period of work rest should write a statement. special unified form for contacting the personnel service, this document does not have. The law gives enterprises the opportunity to develop their own form for such requests from employees. This will greatly simplify the workflow and will standardize the accounting of applications.

The form must consist of three parts:

It specifies:

name of company;
the person to whom the application is sent (his full name and position);
details of the employee (name and position).

In the center of the sheet capital letter specifies the name of the document. It can be "Application" or "Application to transfer vacation to the next year."

the period allotted for annual rest in the schedule of the enterprise;
the period for which the postponement is planned;
reason for the transfer.

If changes to the schedule are made for the employee's personal reasons, the wording "for personal/family reasons" is sufficient. If there are special circumstances that force the employee to ask for the postponement of the vacation, you should not only describe them, but also indicate in the application a list of supporting documents. All listed documents must be attached to the application.

To facilitate the work of the personnel service, in addition to the form, it is recommended to draw up type specimen leave requests. If there are a lot of employees in the enterprise, this will save the time of personnel specialists to draw up a document.

If the shift in terms is not carried out at the initiative of the employee, then he should not write any statements. It is enough to familiarize yourself with the order of the management and agree to transfer the vacation to the next year.

When drawing up an order, one should rely either on the circumstances that have arisen at the enterprise, or on the statement of the employee.

The order is issued when any changes are made to the approved vacation schedule, regardless of whether the transfer is made to the next working year, to the next month, or the unused vacation is shifted by several days.

It is important to note that when changing the terms of work rest on their own initiative, the employee does not have the right to choose a convenient vacation time next year. Such an opportunity is given only if the transfer is initiated by the employer, and is also provided for certain categories of citizens specified in the Labor Code.

The text of the order must contain:

the reason for changing the employee's vacation period;
link to the application, if any;
new term;
requirement for accounting to recalculate vacation pay;
requirement for HR specialists to amend the accounting documents of the enterprise;
signature of the manager who authorized the transfer;
the line in which the employee puts his signature when reading the text of the order.

On the basis of the order, it is necessary to make notes in the staff leave register, make changes to the schedule in the T-7 form. Changes are also reflected in the time sheet.

Only after the signing of this document by the employee and the employer, the transfer is considered complete. If there is no written order, then for the employee a pass working days may be considered a walk.

Is it possible to compensate if it was not possible to take a walk

The legislation provides for the possibility of compensation for vacation in cash. However, this part of the code imposes significant restrictions.

Based on the premise that 28 days of rest should be provided to each employee annually, the law does not make it possible to replace them with money in the current year.

You can only compensate for the period of work rest that exceeds 28 days:

additional days for extended leave;
days obtained by transferring vacation from the previous working year;
as well as any number of unused days at the time of dismissal.

It turns out that the right of an employee to 28 legal vacation days can be realized in kind once every two years, and the remaining days can be compensated, but only in the year following the current one.

Is it possible to transfer part of the unused vacation

The very division of the general period of labor rest is not prohibited by law. However, introduced additional terms, which do not allow breaking the vacation period into many short periods. This is an attempt to prevent employers from manipulating employee vacations.

So, when dividing the main annual leave, one of its lump-sum parts cannot be less than 14 days. The division is made with the consent of employees, in the process of scheduling vacations. As a rule, the vacation is divided into two equal parts, which are immediately reflected in the schedule.

Considering that the employer has the right to provide the employee with rest not only according to the schedule and after the approved period, but also in advance, the number of vacation days for each employee may vary annually.

To avoid confusion, enterprises keep strict records.

It fixes:

work experience, giving the right to the next vacation;
amount of days, employees as a legal leave;
the number of days missed in the working year;
the number of days left to carry over to the next year.

The concept of the working year does not necessarily coincide with the calendar year. This is due to the fact that the working year is counted from the date the employee enters work. The majority of employees receive the right to leave after six months of continuous work at the enterprise. When transferring vacation days, you should strictly follow the dates.

If an employee has a reserve left from vacation in the current year, then it should be automatically added to the vacation of the next year. So unused days spent first. This system does not allow the accumulation vacation days longer than two years and prevents violations of labor laws.

Partial transfer of vacation to the next year is also acceptable, as well as full. The transfer of part of the work holiday at the initiative of the employee or his management in 2018 is carried out according to the same rules as the shift in the entire vacation period.

How an archive is made work books- read here.

Design rules sick leave at work injury described here.

How to roll over your vacation to next year

Every year, an employee has the right to take another paid vacation. The procedure for granting leave is strictly regulated by labor legislation, and the employer is obliged to strictly comply with the norms of the law regarding planning, coordination of priority, and scheduling. Sometimes there are circumstances that prevent the use of the right to leave, both on the part of the administration of the enterprise, and at the initiative of the employee.

Legislation

The employee is involved in hazardous production.
The types of work performed take place in life-threatening and health-threatening circumstances.
Use of non-standard mode of operation.
Work in the conditions of the Far North, other special territories.

Documentary grounds

The transfer of vacation in 2018 must be agreed with the following documents:

Labor Code of the Russian Federation;
collective agreement;
individual labor agreement;
company's internal regulations.

Information on the procedure for using non-holiday days in the next period is given in Art. 124 of the Labor Code of the Russian Federation.

Is transfer legal?

Within the framework of the provisions of Article 124, the law allows the postponement of the required vacation days, subject to the following circumstances:

Mutual consent of the administration and the employee.
There must be compelling reasons consistent with the law.
Job responsibilities allow the possibility of working without rest during the year (harmful or dangerous production, minor age of the employee).

At the initiative of the worker

Important reasons for postponing a vacation period include:

The coincidence of rest time with a period of illness or serious injury, one hundred confirms the sick leave.
Lack of due payment for the next vacation no later than 3 days before leaving (Article 136).
the employee did not receive a notification from the administration 2 weeks before the start of the vacation;
Fulfillment of obligations to the state related to military registration, military training, giving evidence to law enforcement agencies, participation in court, including serving on juries.
other situations established by the laws of the Russian Federation.

Drawing up an application

The main document that initiates the process of issuing a vacation or transferring it is a statement from an employee.

The application is drawn up according to the sample, taking into account certain requirements for the execution of the document. Mandatory details of the document include:

The document is addressed to a competent official indicating his position, surname, initials.
It is obligatory to indicate from whom the document comes - the surname, initials, position of the employee.
The text of the application itself contains a request for rescheduling with an exact indication from which period to which days.
As confirmation of the validity of the transfer, indicate the reason and provide a link to a document that can confirm this fact.
Signed and dated at the bottom.

Attachments to the application are copies of papers confirming the grounds for the transfer.

If the interests of the enterprise are not affected, the administration decides to satisfy the request of the employee. If the postponement would materially disrupt the production process or otherwise result in loss, the request will be denied.

At the initiative of the employer

The Administration may also initiate a postponement, subject to the following circumstances:

paid vacation is transferred no later than a year;
the procedure must be agreed with the employee;
production necessity requires the presence of a person in a certain period of time, even if it falls on vacation days.

In order to arrange the transfer to a later period, the administration is obliged to notify the person in advance and obtain his consent.

Notification takes place in writing, indicating the reasons why going on vacation is not possible at the previously agreed time according to the schedule.

The matching algorithm looks like this:

Notice to the employee in writing.
Coordination.
Issuance of the relevant internal order.
Change of information in the documentation for accounting of working hours.

Compensation instead of vacation?

In some cases, unspent vacation can be compensated with money, however, this procedure is limited by law.

In the following situations, compensation is still possible when it comes to:

part of additional leave exceeding 28 days;
accumulated from the previous year.

Unused vacation upon dismissal

Only in the event of dismissal, the employee is entitled to receive monetary compensation for the entire unused period. While the employee is in the state, such compensation for refusing leave for several years is not payable.

If the employee continues to work, the unused part can only be added to the new accumulated rest period in the next year.

If, upon dismissal, an employee is faced with a refusal to pay for the entire period of vacation, the employee who quit must contact the labor inspectorate. In response to his appeal, an inspection will be scheduled. In the event that the fact that a person has not taken a vacation for a long period is revealed, the company is brought to administrative responsibility with the payment of a fine of 50 thousand rubles and the full repayment of unspent vacation with monetary compensation.

The article was written based on materials from the sites: www.garant.ru, buhguru.com, pravoved.ru, buhuchetpro.ru, trudovie-prava.ru.

The Labor Code provides for the transfer of vacation to the next year in those situations where it is really required and does not contradict the provisions adopted by the government.

According to current laws and article 124 of the Labor Code of the Russian Federation, this the following factors may contribute:

untimely notice of retirement;
untimely payment for compulsory labor leave;
fulfillment of the public debt;
the need to be at work in order to avoid disruption and termination of the labor process;
summons for interrogation, military registration or participation in court hearings.

Labor Code of the Russian Federation, Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases:

temporary disability of an employee;
performance by the employee during the annual paid leave of state duties, if for this purpose the labor legislation provides for exemption from work;
in other cases provided for by labor legislation, local regulations.

If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, the employer, upon a written application from the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee.

It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions.

The employment contract may provide for other cases of mandatory transfer or extension of the vacation period. Also in these cases, you can transfer the vacation to the next year, which not previously used.

To do this, simply compose and attached appropriate supporting capability the documents.

But not always the transfer of leave at the request of the worker can be approved by the management. Therefore, you should be aware of the possible transfer of vacation to another date.

Attention! Monetary compensation for the shift in the time of rest prescribed by law is provided only if it can replace part of the days off, when the total length of compulsory leave is more than 28 days.

Postponement of leave at the request of the employee and employer

Setting a new date is acceptable at the request of the worker, if on a predetermined date he has a disability certificate. This reason is allowed by paragraph 2 of part 1 of article 124 of the Labor Code of the Russian Federation.

The second case when labor rest can be extended or postponed to a new date is the fulfillment by the vacationer of duties in relation to the state, for which release from his post for the required time is granted. Sometimes shift labor leave may be regulated by a contract concluded upon taking office.

The organization can draw up an application for the appointment of a new vacation date due to their misconduct. A shift can be made due to a long enumeration Money, which must be credited to the employee's account no later than three days before his departure, which is stated in article 136 of the Labor Code of the Russian Federation.

Also, the basis for the transfer can be late notice leave employee. According to the Labor Code, should be warned about it in 14 days before going on vacation, which is provided for by part 2 of article 124 of the Labor Code of the Russian Federation.

In exceptional cases the transfer of the employee's vacation is allowed if, without his absence, the labor process is completely stopped.

For more information on how to draw up for a different period for various circumstances, read the article at the link.

Documentation of the procedure

Before you postpone the vacation to the next year, you must draw up a competent application.

It written in the name of the organization and the head. Also, at the beginning, the surname and initials of the employee addressing the management are indicated.
In the next paragraph, you write the word " Statement» centered with a capital letter.
After that it is indicated reason for the new date. At the same time, it is important to know that indicating one reason is not enough, you must attach a document confirming the possibility of transfer.
At the end put applicant's signature, his personal data and the date of writing the application.

The director must put your resolution confirming permission to transfer the vacation. In the resolution, the leadership should indicate its characteristics, this is what should be done and in relation to whom. In addition, the scope of the task must be indicated, the director's signature and the date on which the resolution was drawn up.

Attention! If the employee simply extends the vacation, the execution of additional documents in this case no need.

In cases where the transfer associated with management error They do all the paperwork themselves. The employer must draw up, where it is necessary to indicate the reason for the postponement of the vacation and the new date. And the employee is obliged to familiarize himself with it and give

Wherein also prohibited postponing it to a new date or replacing the vacation with monetary compensation if the employee has already agreed to this procedure over the past two years.

A new vacation date cannot be granted to those employed in the production or processing of harmful substances, as well as to persons who have not yet reached the age of majority.

Attention! Pregnant women can apply for compulsory leave before going on maternity leave or reschedule it for post-decree time.

It follows from everything that the transfer of vacation to the next year can only be done taking into account the articles of the Labor Code and with the consent of the employee. In other cases, the transfer will be against the law.

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Transfer of vacation to the next working year. Making a transfer of vacation

Grounds for postponing vacation

Educational

For child care

Extra days

Part of the vacation

Application and order to postpone the vacation

Features of the transfer to the next year

Documentary grounds

Is transfer legal?

At the initiative of the worker

Drawing up an application

At the initiative of the employer

Compensation instead of vacation?

Unused vacation upon dismissal

When can I change my vacation date?

How to arrange

At the request of the authorities

Employee wish

Why some will only be able to rest next year

Application Template

Is it illegal to carry over a vacation to the next year?

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Rollover procedure for next year

Provisions of the Labor Code

What types of recreation can be transferred

At the request of management

At the request of the employee

The procedure for applying for the transfer of vacation to the next year

Sample Application

Is it possible to compensate if it was not possible to take a walk

Is it possible to transfer part of the unused vacation

How to roll over your vacation to next year

Legislation

Documentary grounds

Is transfer legal?

At the initiative of the worker

Drawing up an application

At the initiative of the employer

Compensation instead of vacation?

Unused vacation upon dismissal

Postponement of leave at the request of the employee and employer

Documentation of the procedure

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