How many days it takes to reschedule the annual leave. Labor leave: the procedure for transferring, extending, granting ahead of schedule, dividing into parts. At the request of the employee

Even the vacation date approved in the schedule can be postponed if the need arises. Plans are much more often not fulfilled than fulfilled.

Fulfillment by an employee during a vacation of duties related to the performance of civic duty

Participation in military training, academic leave or something similar is not meant in this case. This can be, for example, going through a criminal case as a witness, or any case that cannot be foreseen, but which will not provide an opportunity to rest.

The employee was not aware that he would be granted leave, and he found out about it less than 2 weeks before it began. Second point: he was not produced.

Not all businesses have human resources personnel able to personally communicate with other employees. Working conditions do not always allow to inform the employee about his vacation in time. This will be legal basis to transfer.

In all of the above cases, the corresponding inscriptions are made in columns 8 and 9 in the vacation schedule ("Postponing vacation": "basis" and "date").

Transfer order

In all cases when the fact of the transfer of vacation is agreed by both parties and does not require additional disputes, the following steps are taken:

Documentary explanation of the reasons

The employee writes where he refers to certain circumstances.

If there are additional documentary justifications, they must also be attached to the application.

The employee enters into inheritance rights, which require his presence on the basis of civil case No. ..., the notice of which he received. A copy of this notice is attached to the application.

Memo from the immediate supervisor

The relationship between the boss and the subordinate proceeds in different ways, therefore, the leader, under whom the person works mainly, should be called into allies. work time... This boss writes an arbitrary document with a request to postpone the vacation of his subordinate and indicates the reason (most often: "production need").

Documenting

The above documents are considered by the head, who, on their basis, signs the application for the transfer.

Transfer order

The personnel department, on the basis of a signed application, prepares a corresponding order, which is signed by both parties.

In the vacation schedule, new data is entered in the corresponding columns

In practice, the transfer of vacation at the request of the employee is not a force majeure circumstance, but the fact of this transfer requires official registration. In any case, first of all, this event must first be stipulated orally, since in words you can explain much more and describe the situation much more clearly, not in dry clerical language. This does not change the rules for handling the transfer, but it will significantly speed them up.

It is possible to reschedule a vacation to another time, but not for all employees. The transfer can be initiated by the employer or the employee himself.

We will tell you what changes have occurred in the Labor Code of the Russian Federation, when and to whom you can transfer the vacation, and also determine which documentation to confirm the transfer, and how to correctly draw up it.

All the reasons for the postponement of vacation on the initiative of the employee or management - who will not take the vacation?

In accordance with Article 124 of the Federal Tax Code of the Russian Federation, the following grounds are provided for postponing the vacation period:

1. Availability of a certificate of incapacity for work... An employee can issue it due to illness. While on sick leave, an employee can transfer the vacation time to another time or use part of it, and move the rest of the period.
2. Urgent call to work and unfavorable production conditions of the company. An employee who is on vacation can come to work in exceptional cases and perform his official duties. This can happen, for example, if the company has no one to replace it, or a tax or audit is expected. In such circumstances, the employee may require the employer to postpone part of the vacation time.
3. Business trip. If there is no one to replace the specialist, the employer has the right to call him to work and send him on a business trip. Of course, the trip must be documented in order to transfer the vacation or part of it to another time.
4. Failure to comply with notice deadlines. Before an employee is sent on vacation, he must be notified of this - no later than 2 weeks. If he was informed about this earlier, for example, a week in advance, he may ask to postpone the vacation.
5. Execution of state duties. Civil servants on vacation and working during it can postpone the time of rest to another period.
6. Violation of the procedure for payment of compensation... If the employee has not received compensation in time for due vacation, he can arrange its transfer and refuse compensation.
7. Other circumstances that can cause irreparable harm to the company... An employee can be called to work, but - with his consent.

The employee always has the right to refuse to postpone or urgently return to work, if there is no compelling reason.

What kind of vacation is allowed?

Russian legislation allows the transfer of leave and approves several types.

Consider which vacation can be rescheduled:

1. Annual. It can be primary or secondary. Anyone can be transferred.
2. Training.
3. Maternity.
4. For child care.

The law provides for some categories of persons to whom the vacation can be transferred. The employer cannot deny them this right.

Let's list who gets into the list of lucky exceptions:

1. Part-time workers. Only if the leave from the main job will coincide in time with the leave for part-time employment (Article 286 of the Labor Code of the Russian Federation).
2. Minors. You can not only postpone, but also extend the vacation by 31 days.
3. Women going on maternity leave or on parental leave.
4. Men whose spouses are on maternity leave(Article 123 of the Labor Code of the Russian Federation).
5. Employees who took care of children under the age of 3 months (Article 122 of the Labor Code of the Russian Federation).
6. Military spouses. They can go on leave at a time when a military leave is provided.
7. Disabled people and war veterans.
8. Chernobyl victims.
9. Persons who work in enterprises with harmful or hazardous working conditions.

The employer may refuse to transfer other employees.

Dates and terms of the transfer of vacation - how many times per year is it allowed to transfer the employee's vacation?

Let's note a few important nuances regarding the dates and timing of the transfer of leave.

1. Number of hyphenations

The Labor Code of the Russian Federation does not establish how many times per year an employee or employer can transfer vacation. Thus, it turns out that vacation can be carried over a year. repeatedly.

Example:

In the company "Romashka" citizen Portnova must go on vacation from March 1 to March 28. It turned out that in the period until March 9, she was on sick leave. When she went to work on March 10, she wrote a personal statement and asked to postpone her vacation. She did not indicate the term.

The accountant suggested that Portnova go on vacation from June 1 to June 28. This period suited her. She was on vacation when her employer sent her on an urgent business trip on June 11. Portnova agreed, but wrote an application to postpone part of the remaining vacation.

2. Transfer period

Let's note one more nuance. Vacation cannot be rescheduled for next year... It must be used within 12 months.

For example, if an employee must go on vacation from April 2018, then he must definitely take a rest time between April 2018 and April 2019.

3. Transfer time

The vacation can be postponed for an indefinite period - but no more than 2 years. The employee has every right to choose the time when he needs to go on vacation.

How a vacation is issued at the initiative of an employee - stages of the procedure

The procedure for registering a transfer at the initiative of an employee is divided into several stages.

Let's consider how the vacation is arranged:

Stage 1. Making a personal statement

The employee must submit a written request to the secretary - or directly to the employer. The document should indicate the reason for the postponement, terms.

It is better to discuss the transfer period in advance with the authorities, agree, and then include it in the application.

The appeal can be made in any form... The main thing is that the request and the reasons for the transfer are indicated.

Example:

Stage 2. Approval of the Order

Example, if the entire vacation is transferred:

Example, if part of the vacation is transferred:

The order must be signed by the head of the company and the head of the department.

Stage 3. Making changes to personnel papers

Specialist personnel service, the accountant or the head of the company must make changes to the personnel documentation.

The innovations must be recorded in the vacation schedule according to the T-7 form. The basis for the transfer is prescribed - this is the Order, its number and date of signing, as well as the date of future leave.

The timesheet is also changing.

An example of the changes made:

Stage 4. Acquaintance with the Order

The employer must familiarize the employee with the transfer on receipt.

It is better that in the Order itself, at the end, it was written that the employee got acquainted with the document and had his signature.

The procedure for familiarizing / notifying the employee with the order, responsibility for unauthorized postponement of the vacation date

As you understand, familiarization with the Transfer Order necessarily... If there is no agreement, the transfer of vacation will become impossible - that is, the new vacation will be considered invalid, and the old period will last for the specified period.

An employee can be held liable for violation of labor discipline.

For example, for a long absence from the workplace, more than 4 hours.

There can be many reasons:

1. The employee went on vacation without approval.
2. The citizen did not go to work after sick leave and did not provide a certificate of incapacity for work.
3. The employee arbitrarily divided the vacation into parts and decided to postpone the days of rest to another time.

The time when the employee is absent will be considered truancy... For him, a specialist can be fired, or a reprimand or reprimand can be made (Article 192 of the Labor Code of the Russian Federation, Article 81 of the Labor Code of the Russian Federation).

But if a citizen went to work on vacation, then he will not be paid for his work. Of course, if he has not agreed this moment with the management... Typically, an employee is notified to return to work.

What to do if you violated the employee's rights when postponing vacation?

Many workers have this question. We will answer what needs to be done if the rights to postpone the vacation were violated, and the employer refused:

Step 1. Negotiations with superiors

Try talking to your boss and figuring out why you can't reschedule your vacation.

If there are real reasons, ask to eliminate them.

Note that the employee has the right to go on vacation according to the schedule if he was denied a transfer, and receive the due compensation.

Step 2. Obtaining written management waiver

You must respond in writing if you sent your application in writing.

Step 3. Submitting a complaint to the State Labor Inspectorate

There is a branch in almost every city in Russia.

Find out where the labor inspectorate is and write a written complaint statement. Submit it along with a copy of your supervisor's waiver.

Step 4. Sending a complaint to the Prosecutor's Office

Also attach a written refusal from the authorities to the application.

If Labour Inspectorate delays with a question, you can send a complaint to the Prosecutor's Office without waiting for an answer.

Nuances of calculating and paying vacation pay when transferring vacation or part of it

Vacation pay is calculated based on the employee's average earnings.

When calculating and paying out compensation, the following nuances are taken into account:

1. The worker can get compensation first and then go on vacation.
2. The employee must receive compensation 3 days before going on vacation.
3. The specialist can return cash voluntarily.
4. Refunds can be recorded in the Order.
5. Average earnings are "taken" for the year.
6. If there was no earnings, then the previous period is taken into account. This could be if the employee was on parental leave under 3 years of age.
7. A citizen can go to work during vacation, ask for a postponement of the days worked, but will not return compensation. This is his right.

Did our article help you? Share on social networks!

Is it possible to provide local regulation organizations in accordance with part one of Art. 124 of the Labor Code of the Russian Federation, the transfer of an employee's vacation to another period in connection with production necessity without his consent?

Having considered the issue, we came to the following conclusion:

The employer does not have the right to fix in a local regulatory act the norm that, due to production needs, the employee's vacation without his consent can be postponed for another period.

Rationale for the conclusion:

According to the first part of Art. 123 of the Labor Code of the Russian Federation, the priority 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 2 weeks before calendar year... Part two of the same norm provides that it is mandatory for both the employer and the employee.

As follows from the provisions of Art. 123 of the Labor Code of the Russian Federation, an employee who, according to the law, cannot determine the duration of the vacation himself, must go on vacation exactly within the time frame established by the schedule. The employer does not have the right to unilaterally change the date of the leave already planned for the schedule without the consent of the employee (ruling of the Moscow City Court of 20.01.2016 N 33-1792 / 16, ruling of the Vologda Regional Court of 21.08.2013 N 33-3794 / 2013).

In accordance with part one of Art. 124 of the Labor Code of the Russian Federation, annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:

temporary disability of an employee;

fulfillment 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.

As follows from the first part of Art. 124 of the Labor Code of the Russian Federation, the employer is obliged to extend or postpone the annual paid vacation in the cases listed in this norm. In addition to those named in the first part of Art. 124 of the Labor Code of the Russian Federation, cases where the employer is obliged to extend or postpone the employee's vacation can also be established by the local regulatory act of the organization. Thus, the employer in the local act of the organization may provide for other cases in which the vacation must be extended or postponed.

At the same time, when establishing such cases, the employer must take into account that annual paid leave is provided to employees in order to ensure their right to rest (Article 2 of the Labor Code of the Russian Federation).

As explained by the Constitutional Court of the Russian Federation in its ruling of 23.10.2014 N 2302-O "Article 123 Labor Code Russian Federation determining the priority of the provision of paid vacations and the time of their use, is aimed at ensuring the implementation of the constitutional right to rest. The rules on the obligation of the vacation schedule and the notification of the employee about the start time of the vacation, established by parts two and three of the named article, act as guarantees for the implementation of this constitutional right. Part two of Article 124 of the aforementioned Code provides an additional guarantee for the implementation of the employee's right to annual paid leave - the employee's right to postpone the vacation if the employer fails to fulfill the obligation to notify the employee of the start time of the leave against signature. " the second article 124 of the Labor Code of the Russian Federation, in essence it is applicable to the cases provided for in the first part of this article.

Considering the above, in our opinion, part of the first art. 124 of the Labor Code of the Russian Federation also provides an additional guarantee for the implementation of the employee's right to annual paid leave - the employee's right to postpone the vacation if he cannot valid reasons use the vacation within the time period specified in the schedule (see, for example, the appellate ruling of the IC in civil cases of the Krasnoyarsk Regional Court of 12/14/2015 in case N 33-13706 / 2015).

At the same time, part of the third art. 124 of the Labor Code of the Russian Federation expressly stipulates that in exceptional cases when the granting of 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 postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.

We believe that, within the meaning of the norms given in the local act of the organization, as cases in which the leave must be extended or postponed, the employer can only provide for cases when it is the employee who has the right to postpone the leave due to the fact that he cannot, for a respectful reasons to use the vacation within the period specified in the schedule (for example, if it coincides with the period during which the employee, on the basis of a call-out certificate, has the right to use the study leave; passing during the vacation medical examination(in the absence of signs of temporary disability), etc.).

Judicial practice indirectly confirms this conclusion. So, the courts indicate that according to Art. 124 of the Labor Code of the Russian Federation, the next paid vacation can be postponed either at the request of the employee, or with his consent; the transfer of leave by the employer on his own initiative without coordinating this issue with the employee is not provided for by the current labor legislation (see, for example, the appeal ruling of the IC in civil cases of the Novgorod Regional Court of 04/17/2013, the appeal ruling of the IC in civil cases of the Khabarovsk Regional Court of 10/19/2012 on case No. 33-6499).

The transfer of leave at the initiative of the employer in connection with production needs must be carried out in the manner prescribed by part three of Art. 124 of the Labor Code of the Russian Federation, and, accordingly, is possible only with the consent of the employee.

As follows from the question, the employer in the situation under consideration, in fact, intends to enshrine in a local act his right not to provide the employee with paid leave within the timeframe established in the presence of a production need, which obviously does not correspond to the meaning of Art. 124 of the Labor Code of the Russian Federation and worsens the situation of the employee. And, as established by part four of Art. 8 of the Labor Code of the Russian Federation, the norms of local regulations that worsen the situation of employees in comparison with the established labor legislation are not subject to application.

21.08.2019

The Labor Code of the Russian Federation requires the employer to provide annual leave at least once every 2 years. Failure to fulfill this obligation incurs responsibility for the organization.

Each employee has the right to receive 28 vacation days for each year worked, if they are not used on time, then they are transferred to the next year.

When it is possible to transfer vacation days to the next year, can the employer initiate the transfer, or should the initiative come from the employee?

Is it possible to transfer at the request of an employee under the Labor Code?

The procedure for transferring annual leave is stated in Art. 124 of the Labor Code of the Russian Federation.

The reason for the postponement of vacation pay may be:

• sickness while on vacation -;
• going to work on vacation in order to fulfill public duties;
• the reasons given in local acts organizations;
• violation by the employer of the Labor Code of the Russian Federation - the employee did not or did not receive vacation pay 3 days before its start.

In these cases, the employer is obliged to postpone the rest time. There are no other reasons for the mandatory postponement of vacation time at the request of the employee in the Labor Code.

For these reasons, the initiative always comes from the employee.

If a person went to rest and got sick or went to work to perform job responsibilities, then he can write to the employer a statement about the transfer of unused vacation days -.

You can postpone the rest time both within the current year and for the next year. This moment agreed with the employer. Decisions taken are recorded in the T-7 schedule.

If there are no specified reasons for the postponement, and the employee for a personal reason does not need to go on vacation in the current year, then he also has the right to contact the management with a request to postpone the rest time to the next year. The request is outlined in writing-. In this case, the employer can either agree with the request or refuse it.

If the employer refuses the employee, then he will go to rest on the dates indicated in the vacation schedule. If agreed, vacation dates for the next year are selected and drawn up by the employer, and changes are made to the schedule for the current year.

In order to obtain the employer's consent to the transfer, it is necessary to explain in as much detail as possible, in connection with which such a need arose. You can use the general wording "family circumstances", but clarification is recommended to increase the chances of approval.

Examples of valid family circumstances for the transfer are possible.

Is it possible to transfer at the initiative of the employer?

Article 124 of the Labor Code of the Russian Federation contains important rule for employers: it is prohibited to fail to provide leave for more than two consecutive years. If the employee rests less often, then this will be a violation for the employer. labor legislation... If the labor inspectorate finds out about this, there will be liability in the form of a fine.

Thus, in order to protect themselves from violations, the employer needs to ensure that employees have a rest at least once every 2 years.

As for the employee, he does not bear any losses from the transfer of vacation for subsequent years. The annual rest does not burn out and is not lost.

If it is not used in the current year, it will be used in the next or the next. And if for the entire period of work the employee does not take the allotted vacation time, then he will be able to receive monetary compensation for the unused days.

Can the employer initiate the transfer of annual leave? The management may offer the employee to postpone his vacation for another period or to the next year, however, this procedure can be drawn up only in one case - if the employee has given his consent.

A proposal (notification) to postpone vacation days for an employee is made in writing. The employee's consent (or refusal) must also be obtained in writing - either a mark is put on the notification form, or the employee writes a statement of consent.

If the written consent to postpone the vacation is not received, then the employer, on its own initiative, unilaterally has no right to postpone the time of rest.

If the worker agrees, an order is drawn up, which indicates the new terms for the provision of rest. Changes are being made to the vacation schedule.

The reason for the postponement at the initiative of the employer is usually a production necessity, under which the need to be present at work may be hidden in connection with:

• lack of a partner (fell ill, took a vacation at his own expense);
• heavy workload due to seasonality, a large influx of buyers, clients;
• commissioning of new equipment, production lines, etc.

The list of reasons is not limited in any way, but regardless of the reason why the employer needed to postpone the employee's rest, before doing this, you need to make sure that the worker agrees.

Additional paid vacations

Certain categories of workers have the right to extra days paid leave (teachers, doctors, civil servants, disabled people working in harmful and dangerous conditions, with irregular graphics and other categories). The days are paid according to the same rules as the main part of the annual holiday.

However, additional leave is different from the main one. labor topics that the first one can be replaced monetary compensation, and the second must be sure to take a walk. Compensation for the main part can be obtained only upon dismissal.

Is it possible to transfer additional leave days? The answer to this question depends on what additional days are provided for, what conditions are spelled out in employment contract with the employee, internal local acts of the organization.

In general, the Labor Code of the Russian Federation does not contain a direct prohibition on the transfer of additional days of paid leave.

The duration of the annual leave is always indicated in the employment contract, if additional days are allowed, then this is also stipulated in the terms of the agreement. Often employers add whether these days can be transferred to the next year or not.

In fact, the prohibition of postponement in the employment contract is not correct. The Labor Code of the Russian Federation does not prohibit the transfer. If the employee did not use additional vacation days, then they cannot burn out, it is logical that the employee can either receive compensation for them, or take them off later - next year. If an employee wants to postpone additional vacation days, then he has every right to do so, for this it is enough to write a statement.

In local acts, it is also impossible to establish a ban on transfer, since this will worsen the situation of workers in comparison with the conditions prescribed in the Labor Code of the Russian Federation, which is not allowed.

Useful video

Does it burn unused vacation, or it can be postponed to the next year - see the answer in the video:

conclusions

The transfer of the period of annual rest to the next year is allowed. The initiative can come from an employee or an employer. An employee has the right to demand a transfer if his rights regarding the provision of rest and his payment have been violated, or incapacity for work has occurred during the vacation period or state obligations have been fulfilled.

In other cases, the issue is resolved by mutual agreement. Reasons such as "family circumstances", "industrial necessity" are not binding. In each such case, the issue is resolved individually.

The transfer of vacation at the request of an employee of the Labor Code of the Russian Federation allows for several reasons:

In case of special circumstances related to caring for a child (for example, if it is very painful), by agreement with the management, it is possible to extend the leave for up to 4 or 4.5 years. But this is a separate topic, tk. the legislation considers so far only a three-year period.

For more information on whether it is necessary to write a sample application for postponing the leave for another period according to the schedule and for the extension of childcare, pregnancy and childbirth and in connection with sick leave, read.

Vacation postponement can become peculiar prolongation... This is possible if:

• while on vacation, the employee performed state responsibilities... For example, he was at a military training camp, was a member of the election commission, was a juror at a court session, etc. why an agenda, summons and other relevant documents can serve as a supporting document;
• employee on vacation got sick... Having a sick leave in his hands, he has the right to turn the days of his illness into additional days of rest (more about the postponement of leave in connection with sick leave read).

You can either postpone them to a later time, or extend the rest already begun without going to work on the appointed day.

In the first case, it will be necessary to write a corresponding statement, in the second it will not be needed - it will be needed only sick leave.

Notify of the decision to extend the vacation immediately after illness should be before the first working day... You can go to work on this day do not go out: it will be enough to call in advance by phone and inform about your decision.

The period of temporary incapacity for work is paid in the generally established okay.

In accordance with article 123 of the Labor Code of the Russian Federation, an employee must familiarize himself with it at least For two weeks before the start of the vacation, and put your signature.

For more details on the order to extend or postpone leave for another period, for example, in connection with sick leave, read.

Article 123. Priority of granting annual paid leaves

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 onset of the calendar year in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

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

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

Certain categories of employees in the cases provided for by this Code and other federal laws, annual paid leave is provided at their request at a time convenient for them. At the request of the husband annual vacation he is granted during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.

These documents must be registered in the relevant journals, and the vacation schedule should be amended.

All these formalities must be completed in case the company will examination: orders and modified schedule will save you from a fine.

To do everything on time, an employee must hurry up and write a statement as soon as possible.

If the employee postpones the vacation to a later date, he must notify his superiors about this. before the first day of your vacation indicated in the schedule.

You cannot ignore this date, otherwise it will also be considered a violation of the schedule and threaten with a fine for the company.

Vacation can be rescheduled for both earlier or later time of the current year, and. The employee is not entitled to any special privileges in this regard: the very possibility of rest exactly at the chosen time can be considered a kind of privilege.

The main thing is to think over everything in advance and announce your request to the authorities. as soon as possible... Then all Required documents will be prepared on time and there will be no problems from vacation.