Agreement to postpone the vacation to the next year. Transfer of vacation: when is it possible and how to apply. Is transfer legal?

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

The next paid leave of 28 days, not used by the employee in the corresponding working year, cannot be replaced 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 holidays, approved by the NCT of the USSR of 04/30/1930, Rostrud of 12/08/2008 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 vacation is transferred to next year and must be used no later than 12 months after the end of the working year for which it is provided (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 is when, with the duration of annual leave equal to 28 calendar days, monetary compensation can be paid for it - this is a case of dismissal of an employee. Then everything is compensated unused vacations(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).

Issuing 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.

It is possible to transfer vacation to another time, but not for all employees. The initiator of the transfer can be the employer or the employee himself.

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

All the reasons for postponing the vacation at the initiative of the employee or management - who will not be transferred the vacation?

In accordance with Article 124 of the TCRF, the following grounds are provided for the postponement of the vacation period:

Having a disability certificate. His employee can issue due to illness. While on sick leave, an employee can transfer the vacation time to another time or use part of it, and transfer the rest of the period.
An urgent call to work and an unfavorable operating condition of the company. An employee who is on vacation may come to work in exceptional cases and perform his duties. job responsibilities. This can happen, for example, if there is no one to replace him at the enterprise, or if a tax or auditing. In such circumstances, the employee may require the employer to postpone part of the vacation time.
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 reschedule the vacation or part of it for another time.
Failure to comply with notice periods. 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 reschedule the vacation.
Fulfillment of public duties. Civil servants who are on vacation and workers during it can transfer the rest time to another period.
Violation of the procedure for payment of compensation. If the employee did not receive compensation for the due leave on time, he can arrange its transfer and refuse compensation.
Other circumstances that may cause irreparable harm to the enterprise. An employee may be called to work, but - with his consent.

The employee always has the right to refuse to transfer or urgently go to work, unless there are good reasons for this.

What kind of vacation is allowed?

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

Consider what kind of vacation can be transferred:

Annual. It can be primary or secondary. Anyone can be transferred.
Training.
Decree.
For child care.

The law provides for certain categories of persons to whom leave can be transferred. The employer cannot deny them this right.

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

Persons working part-time. Only if the leave at the main job coincides in time with the leave for part-time work (Article 286 of the Labor Code of the Russian Federation).
Minors. You can not only reschedule, but also extend your vacation by 31 days.
Women going on maternity leave or on parental leave.
Men whose spouses are on maternity leave(Article 123 of the Labor Code of the Russian Federation).
Workers who took custody of children under the age of 3 months (Article 122 of the Labor Code of the Russian Federation).
Military spouses. They can go on vacation at the time when the vacation of a serviceman is provided.
Disabled and war veterans.
Chernobyl.
Persons who work in enterprises with harmful or hazardous conditions labor.

For other employees, the employer may refuse to transfer.

Dates and terms for transferring vacation - how many times per year is it allowed to transfer an employee's vacation?

We note several important nuances regarding the dates and timing of the transfer of vacation.

1. Number of transfers

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

Example:

In the Romashka company, 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. Having returned to work on March 10, she wrote a personal statement and asked to postpone the vacation to another time. She did not give a time frame.

The accountant suggested that Portnova go on vacation from June 1 to June 28. This time suits her. She was on vacation, as on June 11, her employer sent her on an urgent business trip. 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 carried over to the next year. It must be used within 12 months.

For example, if an employee has to go on vacation from April 2018, then he must definitely take vacation time from April 2018 to April 2019.

3. Transfer time

Vacation can be postponed for an indefinite period - but not more than 2 years. The employee has the full right to choose the time when he needs to go on vacation.

How leave is issued at the initiative of the employee - stages of the procedure

The procedure for processing the transfer at the initiative of the employee is divided into several stages.

Consider how a vacation is made out:

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 transfer, the timing.

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

An appeal can be made in free form. The main thing is to indicate the request and the reasons for the transfer.

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

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

The time sheet is also being changed.

Example of changes made:

Stage 4. Familiarization with the Order

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

It is better that in the Order itself, at the end, it was written that the employee had read 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 the vacation will become impossible - that is, the new vacation will be considered invalid, and the old period will last for the established period.

An employee may 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:

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

The time when the employee will be absent will be counted absenteeism. For him, a specialist can be fired, or a remark or reprimand can be issued (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 didn't agree this moment with guidance. Usually, the employee is sent a notice to go to work.

What should I do if I violated the rights of an employee when postponing a 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 to talk to your manager and find 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 refused a transfer and receive the due compensation.

Step 2: Obtaining a written waiver from management

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

Step 3. Sending 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 complaint. Submit it along with a copy of the waiver you received from your supervisor.

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

Also, attach a written waiver from the authorities to the application.

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

The nuances of calculating and paying vacation pay when transferring a vacation or part of it

Vacation pay is calculated based on the average salary of the employee.

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

Initially, the employee may receive compensation, and then go on vacation.
The employee must receive compensation 3 days before going on vacation.
The specialist can return the money voluntarily.
Refunds can be recorded in the Order.
The average earnings are "taken" for the year.
If there was no earnings, then the previous period is taken into account. This may be if the employee was on parental leave for up to 3 years.
A citizen can go to work during vacation, ask for the transfer of days worked, but will not return compensation. This is his right.

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

untimely notice of retirement;
late payment for mandatory 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.

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 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 for another period.

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 the shift of labor leave can 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 transfer 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 rescheduling 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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Each company has a vacation schedule at its disposal - this is mandatory requirement. Vacation time of employees should correspond to the schedule of distribution of these periods. However, in practice, leave is often postponed for good reasons, and this option is provided for by law.

Most often, the postponement of the annual leave according to the schedule is caused by the sick leave of the employee, the production need at the initiative of the employer, the desire of the employee to postpone the vacation to the next year, for example, for family reasons.

This raises the important question of what to do with vacation pay if it is paid before a vacation, part of which is later transferred? In this case, a recalculation is required. Moreover, the amount received overpayment can not be withheld from the salary. Is it necessary to get the employee to pay the amount to the cashier himself, or to set it off against future vacation pay.

The transfer of the employee's legal rest must be reasoned, at least as the law requires. Articles Labor Code, you can transfer the main labor leave:

When an employee during the vacation period was overtaken by an illness, or he was injured, as evidenced by the relevant certificate from medical institution in the form of a sick leave - Art. 124 of the Labor Code of the Russian Federation;
Fulfilled state duties - art. 10 - 11 FZ No 113;
Holidays include public holidays.

In this case, at the request of the employee, the vacation is postponed for a period acceptable to him, but it can also be extended according to the oral request of the employee.

Leave must also be rescheduled at the request of the employee if:

The employee was not notified about its beginning 2 weeks before the required date - Art. 123 of the Labor Code of the Russian Federation;
The employee did not receive vacation pay in a timely manner 3 days before the start of the vacation - Art. 136 of the Labor Code of the Russian Federation.

Art. 124 of the Labor Code of the Russian Federation also indicates the possibility of changing the vacation date at the initiative of the employer, for example, due to production needs.

In addition, there is a list of persons to whom the employer does not have the right to refuse such a request, even if this is contrary to the production process.

Who can not be denied the transfer of vacation time:

Part-time workers who have the main vacation and at the place of additional work;
minors;
Pregnant women who can go on vacation before the sick leave for pregnancy and childbirth;
Employees in care who have adopted children under the age of 3 months;
Wives and husbands of military personnel;
War invalids and combat veterans;
Chernobyl.

Important: other employees may apply for any changes in the schedule only if there are good reasons and after prior agreement.

Transfer at the request of the employee

This is the most common situation when an employee is the initiator of the transfer, using legal grounds.

The employee has the right to initiate the transfer of vacation days to another period if he has a good reason, for example, an interrupted vacation due to sick leave or state necessity.

He can also simply ask the employer for such changes for personal reasons, and if possible, he has the right to a positive decision.

The specialist also has the right to demand the transfer of rest days if the employer is at fault - untimely notification of vacation, complete absence of notification or lack of timely vacation pay.

At the request of the employer

Usually, the transfer of vacation according to the schedule is explained by production needs, workload, season, absence of other employees.

That is, when there is a risk of disruption of the workflow at the enterprise as a result of the employee going on vacation, the employer wants to insure and offers the employee to postpone the vacation compared to the dates set in the schedule.

At the same time, the transfer can be carried out in advance according to the schedule, or the employee can be recalled from vacation on the basis of a recall order, followed by the transfer of the non-vacated part to another period and the recalculation of vacation pay.

What documents need to be issued?

At the initiative of the worker

This process needs to be done correctly:

If the initiative comes from the employee, then first of all, the transfer must be agreed with the employer so that this action does not harm the production process;
Further, the employee is obliged to write an application with a request for transfer in any form, it is necessary to indicate the details of the company, the name of the head and his own, the reason for the transfer, the date of compilation. Such a document is endorsed by the employer;

Application example about the postponement due to sick leave:

Application example when rescheduling:

Further, an order is issued according to unified form T-6, this order must be familiarized with the signature of the employee;

Order example about transfer:

After that, you need to make changes to the vacation schedule, namely in columns 8 and 9;

Change example to T-7 schedule:

Make changes to the personal card, depending on the case, changes occur in columns 1 - 7;

Example filling out T-2 card:

Changes are being made to the time sheet - it is necessary to note the days lost for a good reason and the days for which the vacation was postponed;
Perform holiday pay calculations.

At the initiative of the employer

Changes in this case may occur due to production needs, if the absence of a specialist, according to the schedule, can disrupt the completion of tasks on time.

In doing so, the manager must:

Agree on this option in advance with the employee - in this case, it is necessary to use a special notice, to which the employee must agree or refuse;

Notification example:

Take into account that non-vacation days of vacation must be used within a year after the period in which it was not used;
It should be remembered that it is forbidden not to use vacation for more than 2 years in a row;
After agreement, it is necessary to follow standard procedures - issue an order in any form, make adjustments to the vacation schedule and employee card.

If the employee refuses to sign the order, an act of refusal should be drawn up.

After receiving the application from the employee, the head is obliged to finally decide on the date of the transfer so that it does not cause damage to the organization, he is obliged to notify this in his resolution on the application.

If the initiative to change the dates for granting leave comes from the employer, then instead of the application, the employee signs a notification as a basis for the transfer.

After such events, an order is issued to change the date of rest.

Important: if there is a previously issued order to grant leave, it must be canceled.

Then changes are made to all necessary documents.

There is no need to issue new edition graphics, it is enough to correct it.

How to reflect in the schedule T-7?

If the entire vacation period is postponed in advance at the initiative of the employee or employer, then the schedule is amended as follows:

If the employee went on vacation, but events occurred on vacation that require an early recall of the employee with the subsequent transfer of non-vacation days to another period, then the schedule will look like this:

Features of the transfer in connection with the sick leave

The situation is this, the worker went to legal rest exactly on the dates specified in the vacation schedule. While on vacation, he fell ill and took sick leave.

This situation legally allows you to extend the vacation automatically, for this you do not even need any statements and orders.

Sick leave during vacation allows not only to extend the rest time by the number of days of disability, but also to transfer it to another period, for example, to the next year. However, the transfer is possible only after mutual agreement of the two parties. The process of moving vacation dates to another period does not occur automatically, the employee must notify in writing of such a desire, the employer must approve such a procedure, after which an order is drawn up indicating the dates where vacation time is transferred.

Recalculation of vacation pay when transferring vacation in connection with sick leave is mandatory. The part of the paid vacation pay attributable to the days of disability is calculated. This amount is withheld from the employee. Vacation pay is recalculated 3 days before the date of departure for the postponed vacation. At the same time, vacation pay may not coincide with those paid earlier and later withheld, since the calculation conditions change.

For days of illness, sick leave is calculated.

Note: if in sick time holidays fall, then the rest is not extended for their number, since they are not included in the vacation. After all, the employer in advance, taking into account the holidays non-working days provides vacation, indicating in the order the appropriate date of release. Transferring a sick day that falls on a weekend holiday will be wrong.

Important: If the employee is on any type of vacation other than annual basic or additional, then the transfer due to sick leave is not made, as well as the extension.

According to production needs

The second most popular reason for changing holiday dates. If the transfer due to sick leave is made upon the fact that the employee is on vacation, then changes due to production needs at the initiative of the employer are made in advance.

Documenting above and includes:

notification to the worker of the reasons for the required transfer - production necessity or greater specification;
the employee's consent to the offer or his refusal in writing;
a written order indicating the period where vacation time is transferred.

Vacation pay is not recalculated, since the procedure for making changes to the schedule is carried out before the employee goes on vacation.

Due to holidays

Another reason may be holidays, which are considered days off and fall into the employee's rest period.

By default, in such cases, the vacation is extended, while the T-6 order indicates in advance the date of going to work from vacation, taking into account the extension due to the presence of weekend holidays. However, at the request of the employee, a transfer is possible if the consent of the employer is obtained.

The initiative must come from the employee in writing, that is, a statement is written. If you do not write it, the employer will automatically extend the rest. If, in response to the application, the management gives its consent to the transfer, then an appropriate order is issued. Further changes are made, according to the above order.

You need to recalculate vacation pay if the employee’s desire to postpone vacation that fell on weekend holidays manifested itself after the payment of vacation pay.

Example postponement of leave due to holidays in February 2018:

Vacation of the employee according to the schedule from February 12 to February 25, 2018. For rest, the employee was accrued and paid vacation pay on February 9, 2018.

In this period, one public holiday - February 23. The rest time is automatically extended by 1 day, so the employee has the right to go to work not on February 26, but on February 27, 2018.

However, the employee took the initiative and submitted an application to the management with a request to postpone 1 vacation day for another period. If the manager approves the employee’s desire, then a transfer order is issued, and the accountant recalculates vacation pay. At the same time, management retains the right to refuse the employee's request.

When is it not transferable?

The postponement of a vacation is a kind of failure to present it at the allotted time, in connection with this, it is impossible to change the allotted time for:

Underage employees;
Workers who work with harmful and hazardous materials, as well as equivalent types of work.

It should also be remembered that for civil servants there are restrictions on the possibility of transferring the rest period to the next year.

How is vacation pay calculated?

Recalculation must be carried out only for cases where the decision to postpone is made after the payment of vacation pay to the employee. This is typical, for example, for sick leave on vacation, the performance of public duties.

In this case, the number of vacation days to be transferred is considered. The part of vacation pay falling on these days is calculated.

According to Article 137 of the Labor Code of the Russian Federation, it is not permissible to deduct vacation pay for postponed vacation days from the salary. It is more reasonable to set off this part of vacation pay against future vacation pay. It is also possible that the employee himself voluntarily contributed the recalculated amount to the cashier.

Before going on a postponed vacation, vacation pay is calculated taking into account the income earned over the past 12 months. Income may vary. Accordingly, the amount of vacation pay after recalculation may differ markedly.

Questions and answers

Question 1: The employee, while on vacation, acted as a witness in a civil case in court. Is it necessary to postpone one day of rest for another period in connection with this? Is it necessary to recalculate vacation pay and how to withhold it from an employee?

Answer: If on vacation the employee performs state obligations in accordance with part 1 of article 124 of the Labor Code of the Russian Federation, then the days of fulfilling these duties are subject to extension or transfer at the request of the employee. The latter is required to submit an application. If the application is not provided, the employer is obliged to recalculate vacation pay. It is not permissible to withhold their salaries and recalculate vacation pay, it is necessary to take this amount into account for vacation pay calculated for the employee in the future. During his stay in court as a witness, the employee receives state compensation from the budget or at the expense of the participants in the trial.

Question 2: The employee took sick leave on vacation due to the illness of the child. Is it possible to transfer vacation days?

Answer: No, the days of sick leave that fell on annual rest are subject to transfer at the request of the employee with the consent of the employer only if the sheet is open due to the illness of the employee himself. Sick leave for a child is not paid, and vacation is not transferred or extended.

Question 3: Is it possible to transfer the vacation for 2017 to 2018 completely? Does rest time burn out?

Answer: No, vacation does not expire if it is not used during the current working year. It is carried over to next year.

Question 4: Is it possible to transfer additional paid rest to the next year if it is provided for harmful working conditions?

Answer: Yes, it can be carried over to the next year. Additional vacation days do not expire.

Question 5: Can the director reschedule my scheduled leave for another period by notifying me of this, but without obtaining my consent?

Answer: No, he can not. Employee consent is required.

Question 6: The employee is on vacation subsequent dismissal and submits sick leave. What to do, do I need to pay sick leave and postpone the date of dismissal by extending the vacation?

Answer: It is not necessary to postpone the date of dismissal, to extend the vacation. But the employer is obliged to pay sick leave benefits for the entire period of sick leave, including the part that falls on the period after dismissal.

Ask your question comment and get an answer!

In the period from February to June, my salary increased, indexation went through and payments were made annual bonus for the last year.
Should the accounting department recalculate vacation pay taking into account these payments?

Hello Dmitry.
Vacation pay was accrued to you in February, and did you actually also take vacation in February?
If the salary indexation took place after the end of the vacation, then it does not affect the amount of vacation pay. If indexation took place before the start of the vacation or during it, then vacation pay must be recalculated.
Annual must be taken into account in vacation pay if it was accrued for the year preceding the year the vacation began. In your case, the accounting department is obliged to recalculate vacation pay and accrue them additionally in connection with the payment of the annual bonus.

Hello. I divided my vacation into parts according to a real production need? because The leader leaves without pay for 2 days. I am the deputy head and remain behind him. In the end, I get out? that I'm going on vacation from 02.07 - 12.07 then from 17.07-29.07 (13.07 and 16.07 - without the manager), and I want to take the remaining 2 days from 27.08-28.08. Will this be a violation?

Hello Hope.
According to the Labor Code of the Russian Federation, one part of the vacation must be 14 days or more. In your case, the first part of the vacation is 11 days, the second - 13 days, the third - 2 days, that is, the requirements of the law are not met. Divide, for example, so that the second part is 14 days - until July 30 inclusive, then there will be no violations.

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Hello, I have a vacation since 07/16/2018, and vacation pay has not been paid. On 07/27/2018, I applied to the personnel department with a request to postpone the start of the vacation to 07/30/2018. They refused me, arguing that I had to write a refusal on 07/16/2018 to go on vacation due to the lack of vacation pay. Is it legal? There is no way to leave without money, and when they are paid, the administration of my university cannot answer. It turns out that I am on vacation at my own expense. How can you restore honestly earned rest days?

Hello! Is it possible to write an application for the postponement of vacation 10 days before the start of the vacation?

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 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 outstanding credits or 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 labor agreements, this vacation. 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 written in which cases this rest time is granted.

If there are holidays during the holiday period, then this amount is not included in the holiday. 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. Labor law in fact, it is not violated, but if the consent of the employees is given, 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 must indicate a 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 timing labor agreement violated, 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. An employee's vacation at this time becomes impossible, so the manager is forced to leave him at work until all cases are completed.
If an employee shows good reasons. It could be an illness or family circumstances.