Vacation rules. Vacation transfer. How to apply for the transfer of vacation at the request of the employee

Is it possible to postpone vacation at the request of the employee

Art. 124 of the Labor Code of the Russian Federation, the transfer and extension of vacation for another period is allowed, despite the existence of an approved vacation schedule.

Here it is worth clarifying: the extension of vacation in those listed in Art. 124 of the Labor Code of the Russian Federation in cases occurs automatically, it is not necessary to draw up any consent of the parties to this.

But the postponement must be agreed upon. If the employee wants to postpone the vacation, then in the cases specified by law, the employer satisfies this desire and establishes a new period of annual vacation.

Of course, when determining a new vacation period, the employee’s desire is taken into account, but the last word remains with the employer.

Is it possible to postpone the vacation at the request of the employee for a certain period?

Note! There are several situations when an employee has the right to dictate the moment at which the vacation is transferred to the employer:

If a woman is pregnant, she has the right to demand the postponement of the leave in such a way that the end of the annual leave would have to start the pregnancy leave (Article 260 of the Labor Code of the Russian Federation).
The husband of a pregnant woman has the right to take leave during her wife's maternity leave (part 4 of article 123 of the Labor Code of the Russian Federation).
Parents of disabled children can determine periods of annual rest that are convenient for themselves (Article 262.1 of the Labor Code of the Russian Federation).
Part-time workers have the right to choose the date of vacation: they can demand that the vacation be postponed at an additional place of work so that it coincides with the vacation from their main job (Article 286 of the Labor Code of the Russian Federation).

There are no other situations when an employee wants to change the vacation schedule and has the right to choose the date himself, the Labor Code of the Russian Federation does not exist, but they are found in other legal acts as a benefit for a category of persons protected by the state (for example, clause 1, part 1, article 23 of the law " On the donation of blood and its components” dated July 20, 2012 No. 125-FZ).

“I ask you to postpone the annual paid vacation”: how the application is made

Application submitted along with documents general rules document flow is the basis for carrying out certain actions.

In the case we are considering, as a result of the satisfaction of the application, the annual rest provided for in Art. 114 of the Labor Code of the Russian Federation.

So the statement says:

addressee (head of the organization);
Full name of the applicant;
the reason for contacting the manager (“I ask you to reschedule the annual paid leave”);
reason for the appeal (description of the situation);
the date of the application and the signature of the applicant.

Important! If the date of departure for an annual vacation is shifted due to production needs (this is possible in accordance with part 3 of article 124 of the Labor Code of the Russian Federation), then the statement contains a wording of consent to this.

The head of the organization endorses the specified application, after which an order is issued and the vacation schedule is adjusted.

Transfer of leave at the request of the employee according to the Labor Code of the Russian Federation

Note! The transfer of leave at the request of the employee according to the Labor Code of the Russian Federation is possible due to:

with his going on sick leave (clause 18 of the rules, approved by the NCT of the USSR of 04/30/1930 No. 169);
execution by him of public or public duties(Article 170 of the Labor Code of the Russian Federation);
failure to receive vacation pay or a warning about imminent vacation within the time limits established by the Labor Code of the Russian Federation;
the current provision of the local act.

Although in such situations, rest is usually extended, the employer should be aware of his obligation to reschedule the holiday if the employee has expressed such a desire and provided a certificate of incapacity for work or other evidence that the holiday was not used in full.

According to part 9 of Art. 136 of the Labor Code of the Russian Federation, vacation pay is transferred (issued) no later than 3 days before the employee leaves for annual rest. And information about the vacation is communicated no later than 2 weeks before it starts. Accordingly, if these duties are not fulfilled, the manager, at the request of the subordinate, should redo the vacation schedule.

Important! Other valid reasons for the transfer may be listed in the local act annual leave at the initiative of the worker.

Transfer of additional leave

Note! Additional leave is granted for the harmfulness of working conditions, its special nature or irregular working hours, etc. It consists of 7 or more days.

Important! Within the meaning of Art. 120 of the Labor Code of the Russian Federation, the main and additional leave together make up the total annual rest, so the procedure for granting and transferring it is similar.

The only thing that the employer should pay attention to is that the new date of the employee's departure for annual rest must be within the year during which leave is granted for the worked year. Transfer to the next year is not possible due to Part 4 of Art. 124 of the Labor Code of the Russian Federation.

It is possible to add days of canceled vacation to the days of a new one provided for the current working year.

Other examples of vacation transfer

In part 3 of Art. 124 of the Labor Code of the Russian Federation refers to production necessity - a situation where the absence of this employee can significantly affect the work of the enterprise. In this case, the employer has the right to detain the employee for a period determined by him, not to send him on an annual vacation.

What is the responsibility of the employer:

grant leave within 12 months after the end of the working year for which the canceled leave was granted;
not to allow the absence of the annual rest of the employee for 2 years in a row (for workers in harmful and dangerous conditions, it is obligatory to provide annual rest);
obtain the written consent of the subordinate to transfer the vacation to the next working year, if the deadlines have shifted in this way.

New periods of annual rest are established by agreement of the parties.

Note! The transfer of leave due to production needs and the withdrawal from leave are 2 different legal situations. In the second case, unused vacation days are provided at any time chosen by the employee (part 2 of article 125 of the Labor Code of the Russian Federation).

Registration of the transfer of vacation

Preparation for the employee's vacation consists of:

in the design of the vacation schedule;
delivery and receipt of a signed notice of the upcoming departure for annual vacation;
transfer of vacation pay;
making an entry in the T-2 personal card, etc.

When changing the vacation period, similar actions are performed, but in a different sequence. First of all, an application for the transfer (or consent to it) of the vacation must be drawn up. Next, an order is issued to cancel or postpone the vacation, indicating the old and new dates.

After the issuance of the order, the employee personnel service changes (corrects) the information in the vacation schedule and the employee's personal card.

Important! If the vacation is postponed due to the employee’s illness, the accountant recalculates the vacation pay, since the actually sick employee used fewer days than the employer paid him (letter of the Ministry of Labor of September 20, 2016 No. 14-2 / B-899).

Labor legislation allows the transfer of leave at the initiative of the employee in some cases, within the time period agreed with the employer. The employee has the right to choose a new date in several situations, separately specified in the law. The employer, postponing the vacation to the next working year, must obtain the written consent of the employee.

It is said that every employee has the right to annual paid leave. Total duration such leave, according to general rules, 28 calendar days. Is it possible to transfer the vacation to the next year if it was not possible to take it off this working year for any reason?

In Art. 124 of the Labor Code of the Russian Federation lists the grounds on which an employee's annual leave can be postponed. It:

illness of an employee during vacation. In this case, the vacation is extended. If the worker wishes, he may not use the remainder now. He can use it at any other time, including the next year;
during vacation, the employee performed job responsibilities;
if the employee was not paid compensation for vacation on time;
if the employee was not properly notified 2 weeks before the start of the holiday;
if the departure of an employee on vacation may adversely affect the current production state of the enterprise.

The transferred leave must be used within 12 months after the end of the working year in which it is due. It is forbidden to postpone the vacation for more than 2 years.

In addition, it is prohibited to postpone the leave of the following categories of employees:

minors;
workers who work in harmful and dangerous working conditions.

Before rescheduling an employee's vacation, the employer must obtain a written agreement from the employee. Then the employee writes a statement. It must contain the following information:

"Hat" in the upper right corner. Here you need to specify:
- the full name of the employer with an indication of its organizational and legal form;
- Full name and position of the head of the employer who is authorized to sign such applications;
- Name and position of the applicant. For large enterprises It will also be relevant to indicate the structural unit.
The word "statement". It is written in the middle of the sheet;
Body of the statement:
- please reschedule your vacation. It is necessary to indicate the duration of the transferred vacation, as well as the period for which it must be presented;
- the reason why the employee asks to reschedule the vacation;
- the period during which the employee plans to use this vacation. If it is not known exactly when the employee will be able to exercise such a right, then it can be omitted.
The date the application was made;
Signature of the applicant and its transcript.

If the enterprise is large, then the application must be endorsed by the head structural unit.

Based on the application, the employer issues an order. Then changes are made to the vacation schedule. But here it will be necessary to indicate exactly for what period the vacation is transferred. Therefore, it is better to reach an agreement with the employer in advance.

Is the vacation carried over to the next year if the employee cannot take it off in this working year? Yes! But only for no more than 12 months from the date of the beginning of the new working year and only if there are good reasons and with the written consent of the employee himself.

According to labor legislation, the transfer of vacation at the request of the employee is quite possible. True, there are a lot of nuances that need to be borne in mind in this case. We will tell you how to implement the initiative with the transfer of the prescribed rest.

The reasons

First of all, it is necessary to understand that the reasons for postponing a vacation at the initiative of an employee are practically not limited by labor legislation. That is, there is no direct ban on shifting the dates of the main rest.

At the same time, it is necessary to distinguish between specific reasons for the transfer of vacation. Conventionally, they can be divided into 2 types:

Objective - associated with certain events in life.
Subjective - are also associated with certain events in life, but they do not particularly interfere with going on vacation according to the approved schedule.

A number of specific - objective and compelling - reasons for the postponement of vacation are provided for in Article 124 of the Labor Code (more on this later in the article). Other grounds may be enshrined in the internal labor rules of the organization.

If your reason is not mentioned either in the law or in the local act of the employer, then you will have to agree with the management in words whether it is possible to reschedule the vacation. In this case, it is not obliged to shift the dates of your vacation.

Furthermore: there is every reason to ignore your request for this.

When labor legislation does not oblige the employer, at the request of the employee, to postpone the vacation dates set by the schedule, unauthorized departure to other dates is absenteeism, which gives grounds for dismissal under the article.

Of course, in practice, one of the most common reasons is the transfer of leave for family reasons. Whether this happens or not depends on:

the existing relationship between the employee and management;
features of the production process.

In general, you can give a lot of examples of the reasons for the postponement of vacation at the initiative of the employee. From the most everyday to the most exotic. But in an application for a shift in vacation dates, it is better to get off with the most general wording, and discuss the rest in words with the management.

Impact on the chart

The question of whether it is possible to postpone the vacation at the request of the employee directly affects the schedule of the main rest of employees approved at the beginning of December last year (form No. T-7, approved by Resolution No. 1 of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1).

In the event of the transfer of leave at the initiative of the employee, the employer must make adjustments to the specified local act. This can also explain the unwillingness of management to meet the needs of the employee in this matter.

Please note that the postponement of annual leave at the initiative of the employee often shifts the rest schedule and his colleagues. This means that it is necessary to obtain the consent of all those affected by the changes.

When drawing up a vacation schedule for the next year, it is necessary to foresee the possibility of its correction and allocate enough time to this issue in order to have time to approve the schedule on time.

The legislation does not clearly regulate how to transfer vacation in the vacation schedule. Therefore, each employer does this according to the rules of its workflow. The only thing is that the resolution of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1 clarifies: when the rest period is shifted to another period, with the consent of the employee and the head of his structural unit, appropriate adjustments are made to the schedule. This requires permission:

The employee who approved the schedule.
Or a person authorized by him to do so.

The legal basis is a document drawn up in any form. That is, it could be a statement memo, as well as an order.

As you can see, in the sample vacation schedule developed by the State Statistics Committee, the transfer of vacation is reflected in columns specially designed for this purpose - No. 8 and 9.

Read also Advance payment for piecework wages

Mandatory Causes

Reasonable reasons for shifting vacation dates can be very different, so it is impossible to foresee everything in the law at once. However, according to Article 124 of the Labor Code of the Russian Federation, the transfer of vacation is the obligation of the employer in the following cases:

Temporary indisposition (including trauma), confirmed by a document from a medical institution. For more information on this, see " Postponement of vacation due to sick leave".
Fulfillment during the main vacation of state duties that exempt from work (for example, participation in court).
The situation is provided for by labor legislation (days of rest are not paid on time, the start of the vacation is not reported).
The situation is envisaged by internal labor rules organizations.

A little more about the third point. The transfer of vacation at the request of the employee of the Labor Code of the Russian Federation obliges to be done if the enterprise:

did not notify the employee 2 weeks in advance of the start date of the main rest (Article 123 of the Labor Code of the Russian Federation);
did not issue vacation pay on time - that is, later than 3 days before the start of the holiday (Article 136 of the Labor Code of the Russian Federation).

If your reason for postponing the vacation falls under one of the positions discussed above, then the management is obliged to satisfy the application for postponing the vacation for another period. It also gives grounds to make adjustments to the vacation schedule. In other cases, it all depends on the discretion of the employer.

EXAMPLE

Let's say you write: "... I ask you to transfer your annual paid leave to ..." and indicate specific new dates that are convenient for you. Is leadership obligated to comply?

If there are grounds under the law (see above), then the employer is obliged to postpone your vacation. However, with regard to the new specific dates indicated in the application, the last word will still be with the employer. He is only obliged to take note of the wishes of the employee.

Special cases

Please note that a number of categories of employees by law have the right to go on vacation at a convenient time for them (for example, pregnant women). When such an employee submits an appropriate application, the management should have no doubts about how to reschedule the vacation. Refusal to transfer is impossible, so the request must be satisfied.

Each person has the right to an annual rest, which ensures the restoration of the body and its energy abilities after hard work associated with the performance of production tasks. Sometimes there are situations when the planned vacation is irrelevant in a specific time period. In this case the employer has a question about whether it is possible to postpone the vacation at the request of the employee. Legislative norms do not prohibit changing the terms, provided correct design procedures.

The initiators of the postponement can be both the employee and the employer. The head of a business entity must control the document flow procedure, which determines the legitimacy of making changes to the internal documentation of the enterprise. It is obligatory to draw up a schedule drawn up on the basis of the questionnaire. Vacations are granted only in accordance with the approved schedule.

How to reschedule a vacation

Labor Code allows the possibility of transferring official days of absenteeism for family reasons.

The employee has the right to refuse to rest and reschedule it if he was not paid vacation pay in a timely manner. The employee must be notified by the employer at least two weeks before the start of the vacation period. In case of non-compliance with the deadlines, he has the right to refuse to rest.

When rescheduling vacation means extending vacation time

Leave transfer conditions

Life circumstances and events may cause automatic postponement of the end of the vacation by extending it. It is possible to use days in the future period. Such circumstances include the performance of public duties or the illness of an employee during his official absence from work. Registration of extension or transfer of days of rest occurs on the basis of documentation confirming these events. It can be a summons, call or sick leave.

The transfer of leave in connection with the sick leave to a later time is carried out on the basis of an application from the employee. The extension of the rest time for this reason occurs automatically and does not require special documentation procedures. The basis for the extension of days is a certificate of incapacity for work, a copy of which is attached to the vacation documentation.

If the sick leave was issued for the care of a family member, then the vacation time is not extended.

If a person falls ill during a vacation, which he can document, then he does not have to go to work to extend the rest. It is enough to notify the authorities about your decision by telephone before the time of the working day. Disability time and vacation time are paid separately in accordance with the legally regulated procedures.

Notification of the possible postponement of vacation due to late payment of vacation pay

How holidays are taken into account when calculating the vacation period

The Labor Code defines specific dates as official days off and non-working days. If they fall on vacation time, then it is extended by the day that is the first working day after the end of the vacation. Postponed holidays on vacation are not paid separately, since when calculating vacation pay, the value of the average cost of a working day has a fundamental influence on the amount of payments.

Transfer public holidays on vacation is carried out in accordance with the rule that if a public holiday falls during the vacation, then you should count on an additional day of rest.

Usually the employer tries to exclude from the schedule the time intervals that fall on holidays. This is due not only to the difficulties of calculating the payment for absenteeism, but also to the organization of production associated with situations where one worker goes on vacation, and there is no one to replace him, since the shifter runs out of holidays.

Vacation is due to every working citizen in accordance with the requirements of labor legislation, while the time of vacation for each of the employees must be determined before the start of the new working year.

Changing the vacation schedule is allowed at the initiative of the employer, if there are sufficient grounds for this, or at the initiative of the employee, if he is sick or some circumstances have arisen that do not allow him to work during this period of time. At the same time, if the reason for postponing the vacation is not valid or does not meet the interests of the organization, then the employer has the right to refuse to transfer the employee's vacation.

Features of the transfer of holidays are regulated by Art. 124 of the Labor Code of the Russian Federation, which determines the reasons and grounds for changing the vacation schedule of employees, and also establishes categories of employees who cannot take vacations at all. A prerequisite the transfer of the rest schedule for employees is the existence of an agreement between the employee and the employer on changing the vacation time.

At the same time, it is noted that changing the vacation time becomes impossible in the event of a number of circumstances. These circumstances include:

notification of the need to change the vacation time less than two weeks before the start next vacation employee;
payment of vacation pay to the employee, which must be provided no later than three days before the start of the rest time.

A change in the term or time of vacation most often occurs at the initiative of the employee himself, since the vacation schedule is approved in advance, and all employees of the enterprise follow it unconditionally. The basis for changing the schedule for a particular employee must be weighty and valid, since the employer has every right to refuse to satisfy the request of an employee of the organization.

Changes to the vacation schedule may occur:

At the initiative of the employer, in which insurmountable circumstances must arise that do not allow the employee to go on vacation at the time indicated by the schedule. Most often, this is the reorganization of the enterprise, as well as the introduction of new technologies and systems in production.
At the initiative of the worker. In this case, the employee must prove that he has good reasons for demanding the postponement of the vacation - these may be family circumstances or illness.

Specialists single out some of the grounds that require the mandatory execution of the employee’s request in full or in part, however, the application must be generated on time and not contain the requirements “to go on vacation from tomorrow”.

The reasons for changing the time of the vacation period are:

An illness of an employee, which is confirmed by a certificate of temporary disability. Illness of relatives, including children, is not the reason for changing the vacation schedule.
Violation of labor legislation by the employer, which consists in violating the rights of an employee of the organization.
Fulfillment by an employee of public duties that require exemption from work. Most often, the main methods of fulfilling public duties are appearing in court as a witness, a representative of one of the parties or a juror, as well as in the case of military training, which must be attended by an employee of the enterprise.
Other circumstances that the employer may consider important for specific employee if he applies.

In each case, the employer independently determines the importance of the reason for the postponement of the vacation, so it is better for employees to have stable business relationship with your employer.

Postponement of family leave

The legislation provides for the possibility of postponing family leave if the employee has not yet been paid vacation pay, and has not been notified of the imminent vacation time. The employer has every right to establish in the organization its own procedure for replacing vacation time, based on reasons that are considered valid.

Family circumstances are not a valid reason for changing the vacation time, however, in some situations, the management of the organization may meet the employee halfway if circumstances force him to take an urgent vacation. An example of such a situation is a sudden illness of a close relative or one's own illness, which is difficult to cure and leads to disability of a citizen in the future or today.

It will not be possible to obtain the right to change the start date of the vacation due to one's own wedding or the wedding of relatives, since this is not a serious and compelling circumstance, and if collective agreement allows employees to take unpaid leave for several days due to such celebrations, then the employee can take the day off without touching or changing the annual paid leave.

In accordance with Art. 123 of the Labor Code of the Russian Federation, the order of vacations is provided based on the corresponding schedule, which is accepted no later than two weeks before the new calendar year. At the same time, the execution of the schedule is mandatory for each party. labor relations, so any change to existing plan must be made by mutual agreement of the parties.

Transfer of vacation to the next vacation

The legislation prohibits the postponement of vacation for the next vacation, if the next vacation is not part of the next paid vacation, divided into two parts.

Under such circumstances, it is possible to postpone the vacation, however, only if both the employee and the employer agree to such changes, and this will not entail any difficulties and problems for the organization as a whole.

In the event of circumstances requiring a change in the start time of the holiday, an increase in the duration of the holiday is allowed if the employer and the employee jointly determined such a decision as the most beneficial way out for both parties.

Also, vacation is transferred to another vacation or time if the employer has not fulfilled the conditions for sending employees on vacation, which include:

Notification of employees at least two weeks before the start date of the vacation.
Holiday pay no later than three days before the start date of the holiday.

If any of the conditions is not met, the employee cannot be sent on vacation.

Transferring vacation to next year

Annual paid leave cannot be replaced by any compensation payment, except in cases of dismissal of employees, nor the transfer of rest time to the next year. However, like any rule, this rule has exceptions.

The regulation of the appointment of leave occurs in accordance with Art. 122 of the Labor Code of the Russian Federation, which establishes that an employee is entitled to 28 calendar days of vacation for each working year. An important provision indicates that it is not the calendar year that is taken into account, but the working year, which is calculated from the date the employee begins to exercise labor activity. The working year is 12 calendar months from the date of registration of labor relations, after which the employee is entitled to annual paid leave. At the same time, it is specified that leave can be granted at any time of the working year, regardless of the "convenience" or "wishes" of the employee of the enterprise.

If, for some serious reason, the employee was unable to take advantage of the opportunity to rest for the past working year, due to his retraining or reorganization of the enterprise, etc., then the vacation can be postponed to any time within the next 12 months, and also combined with the vacation of the next working year in full or in part.

It is impossible to replace an unspent vacation with compensation, so you can only take it off. It is allowed to go on vacation several times a year, if the employee thus uses all the days of rest in full. Compensation may only be paid for the part of the leave that exceeds established by law 28 calendar days.

How to apply for a vacation transfer

The transfer of vacation is made upon submission of an appropriate application from the employee or upon issuance of an order of the same name, when the date of vacation changes at the will of the employer. In this case, only the employer is responsible for the unlawful use of the possibility of transferring the leave without the will of the employees.

Employees of the organization are entitled to receive the following types of leave:

Annual basic and additional, which are provided in view of the employee's working one year at the enterprise.
study leave, which is provided most often for a session or exams for student workers.
Maternity leave, which is a leave for medical reasons, which includes periods of rest for the employee in the period before and after childbirth.
Parental leave granted until the child reaches the age of three. The legislator clarifies that the employee can leave it at any time convenient for himself, as well as extend the vacation for a short period.

It is impossible to replace the leave or transfer it to certain categories of employees, as this is prohibited by the mandatory norms of the law.

These workers include the following categories of citizens:

workers who are employed in harmful and hazardous industries;
employees who have not reached the age of majority.

The employer will not be able to change vacations for such employees even if they apply and request, since this rule labor law is imperative and subject to full enforcement in accordance with the law.

Leave transfer order

To formalize the transfer of vacation, an employee of the organization must receive an appropriate application or the company must have compelling circumstances that exclude the departure of any employee in a certain period. In each case, an appropriate order is issued.

The document must contain the following information:

Name of company.
Data about the head of the enterprise.
Title of the document.
Grounds and reasons for the postponement of vacations.
Responsibility for postponing holidays.
A person who must generate an updated vacation schedule if it is not the employer.
Signatures for familiarization with the document of all participants in the order.
Date of compilation and signature of the head.

The legislation establishes that the employer has no obligation to draw up such an order, however, drawing up such a document may be convenient for further business management at the enterprise. Thus, confusion and loss can be avoided. necessary documents, as well as protect both parties from illegal actions.

Leave application

An application from an employee to postpone a vacation is drawn up in a free form, however, it must fully reflect the situations in which there is a need for “shifts” in the established rest schedule for employees of the organization.

The application must:

be drawn up in the name of the head of the organization;
have personal information about the employee, as well as his position;
contain a request to postpone the vacation;
establish a valid reason for postponing the vacation schedule, since the wording “for family reasons” is not valid;
contain the date and signature of the applicant.

The application must be submitted to the employer or other authorized person under the appropriate signature. It is best to draw up a document in duplicate, one of which the employee can keep for himself, with the signature of the head of the acceptance of the document for consideration.

Download

You can download a sample Application for the postponement of vacation in .doc format
by this link

Download

You can download a sample Order on the postponement of vacation in .doc format

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