Leave is provided in accordance with a special schedule. It is drawn up and agreed upon in advance. The agreed schedule is a document that is mandatory for implementation on the basis of Article 123 of the Labor Code of the Russian Federation. That is, each employee knows in advance what dates his vacation falls on. However, sometimes it becomes necessary to reschedule dates. The procedure is performed in accordance with a certain order. In particular, the manager needs to issue an order to postpone the vacation at the employee’s initiative.
Postponement of the vacation date can be carried out either at the initiative of the employer or at the initiative of the specialist. The procedure is carried out on the basis of an order. It must be issued at least 14 days before the start of the vacation.
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Planning the use of annual leave
The Labor Code of the Russian Federation (Article 123) requires the employer to plan vacations for its employees for each coming year, reflecting the time of their provision in the vacation schedule, approved no later than 2 weeks before the start of the next year. In accordance with this schedule, employees must go on vacation, and the employer must not only let them go there, but even before it starts no later than:
- give 2 weeks notice of your planned vacation against receipt;
- 3 calendar days to pay vacation pay (Article 136 of the Labor Code of the Russian Federation, information from the Ministry of Labor of Russia dated June 16, 2014).
Does this mean that no deviations from the vacation schedule are possible and that the transfer of annual leave at the initiative of the employee is unacceptable? No, it doesn't mean that. Despite the fact that the schedule is a binding document, deviations from it are not only possible, but in some cases they turn out to be necessary.
All reasons for postponing vacation can be divided into 3 groups:
- The employer is obliged to extend or postpone leave by agreeing on the specific type of action and timing with the employee.
- The employee makes a request for a transfer. The employer here may have both an obligation to agree with this and the right to give or not give his consent to the transfer of leave at the request of the employee.
- The initiative for the transfer comes from the employer, and in order for it to take place, the employee must give his consent.
The justification for the latter situation is production necessity. Moreover, it is even possible to postpone the time of the next vacation to the next year, if the employee is not one of those for whom failure to provide vacation annually is prohibited (Article 124 of the Labor Code of the Russian Federation). These are the faces:
- under the age of 18;
- working in harmful or dangerous conditions.
It should be borne in mind that additional vacations available to “harmful workers” and some other persons, in terms of transfer, will be subject to the same rules as regular vacations.
ConsultantPlus experts told us what documents to use to formalize the transfer of vacation for any reason. Get free trial access to the system and move on to the Ready-made solution.
Replacing vacation with compensation
Article 127 of the Labor Code of the Russian Federation provides for situations in which an employee has the right to demand payment of compensation amounts for unspent vacation days. For example:
- the employee has already submitted a letter of resignation and intends to work the remaining days as usual;
- the duration of vacation exceeds the standard (28 calendar days).
Annual additional paid leave (over 28 days) is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas , as well as in other cases provided for by the Labor Code of the Russian Federation and other federal laws.
Citizens from this category, according to the law of the Russian Federation, also have the opportunity to replace additional leave with monetary compensation; a written application is sufficient for this.
Download a sample application for compensation for unused vacation
Sample application for compensation for unused vacation
Another vacation cannot be replaced by material benefits. As an exception, the Labor Code distinguishes dismissed persons. They can initiate payment for the entire duration of vacations not taken.
Personnel services and the management of the employing enterprise do not have the right to approve an application to replace vacation with financial compensation if the applicant is:
- pregnant employee;
- minor employee;
- an employee engaged in work with harmful and (or) dangerous working conditions.
Grounds for the obligation to extend or reschedule vacation
The employer is obligated to extend or postpone vacation in cases where the vacation period coincides:
- with sick leave (but only the employee himself, and not his family members);
- the period of performance by the employee of state duties requiring release from work;
- other situation provided for by law (including local regulations).
By agreement with the employee, the vacation is either extended by the number of days unused by him for the above reason (the reason must be documented, but no other papers will be required), or transferred to other days (in this case, an application from the employee is required indicating the specific period).
Another obligatory basis for the employer for postponing vacation at the initiative of the employee is the violation of one of the deadlines that is important for the vacation (warning the employee about its start or payment of vacation pay). In such a situation, an employee is given the right to demand the transfer of rest time to another period (Article 124 of the Labor Code of the Russian Federation).
How to transfer leave due to production needs?
In order for an employee’s vacation to be postponed to another period, or to be changed, or even to be withdrawn from the EOO, in addition to the desire and consent of the parties, the following formal actions must be completed.
Download a sample order to postpone vacation (25.5 KiB, 2,151 hits)
An order to postpone vacation due to production needs. Example (10.5 KiB, 2,947 hits)
Notifying the employee about the postponement of vacation. Blank (26.0 KiB, 2,209 hits)
Written consent of the employee to postpone the vacation. Writing sample (10.5 KiB, 2,134 hits)
- How to register leave without pay
The company management or the human resources department prepares an order to change the vacation schedule, which is approved annually. This order is signed by the manager, entered into the appropriate register or book of orders, and brought to the attention of each employee personally against signature for familiarization.
Company order
If an employee is recalled from leave, he or she must be given formal notice in writing. Those. A simple phone call is not enough for this. A written notice must be prepared and given to the employee being recalled from the EOO.
Written Notice
If a production need arises, then an employee’s application to transfer his SOO is, as a rule, not required. Everything is decided by a unilateral order from the organization’s management and the employee’s consent is not necessary.
However, there are cases when an employee may ask to change the vacation period or add the unused part (calendar days) to another vacation period for the next year. The application is written to the director of the company or organization.
Download an example application for rescheduling a vacation (25.0 KiB, 956 hits)
Reasons for shifting leave at the employee’s initiative
Other reasons for postponing vacation at the employee’s initiative can be very different, and here the employer will be the coordinating party. However, there are situations where the employer does not have the right to refuse. At a time convenient for him, leave will be granted to the employee:
- who has adopted a child under 3 months of age (Article 122 of the Labor Code of the Russian Federation);
- the husband of a woman on maternity leave (Article 123 of the Labor Code of the Russian Federation);
- a woman who wants to add her next leave to maternity leave or child care leave (Article 260 of the Labor Code of the Russian Federation);
- parent (including adopted), guardian or trustee of a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
- under the age of 18 (Article 267 of the Labor Code of the Russian Federation);
- a part-time worker taking leave at the place of his main job (Article 286 of the Labor Code of the Russian Federation);
- the victim of the accident at the Chernobyl nuclear power plant or those who participated in the liquidation of its consequences (clause 5 of article 14, article 15 of the law “On Social Protection...” dated May 15, 1991 No. 1244-1);
- who received a dose of radiation during nuclear testing at the test site in Semipalatinsk (clause 15 of Article 2 of the Law “On Social Guarantees...” dated January 10, 2002 No. 2-FZ);
- marked with the “Honorary Donor” sign (subclause 1, clause 1, article 23 of the law “On donation...” dated July 20, 2012 No. 125-FZ);
- a disabled person, a war participant, a combat veteran or on duty in the territory of their jurisdiction, who underwent military training or worked for the defense of the country during the Second World War, who lived in besieged Leningrad (subparagraph 17, paragraph 1, article 14, subparagraph 15, paragraph 1 article 15, subparagraph 13 paragraph 1, subparagraph 4 paragraph 2, subparagraph 3 paragraph 3 article 16, paragraph 9 article 17, paragraph 9 article 18, paragraph 10 article 19 of the law “On Veterans” dated January 12, 1995 No. 5-FZ);
- the spouse of a military serviceman receiving leave at his place of duty (Clause 11, Article 11 of the Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ);
- a police officer who did not have the opportunity to exercise his right to leave in accordance with the approved schedule (clause 3 of article 57, clause 2 of article 64 of the law “On service in internal affairs bodies ..." dated November 30, 2011 No. 342-FZ);
- Heroes of Labor, Socialist Labor, full holder of the Order of Labor Glory (clause 2 of article 6 of the law “On the provision of social guarantees...” dated 01/09/1997 No. 5-FZ);
- Heroes of the USSR, Russian Federation, full holder of the Order of Glory (clause 3 of article 8 of the law “On the status of Heroes...” dated January 15, 1993 No. 4301-1).
In all other cases, the employer has the right to either agree to postpone the vacation at the request of the employee or refuse it. If the employer has no fundamental objections to the transfer, but disagrees with its terms, the parties must agree, setting terms that suit both parties (both the employer and the employee).
What is the deadline to transfer personal income tax in case of payment of compensation for vacation exceeding 28 days, or in case of a lump sum payment for vacation, explained 2nd class adviser to the state civil service of the Russian Federation D. A. Morozov. Get free trial access to the ConsultantPlus system and find out the official’s answers to these and other questions.
Employer initiative and employee rights
The possibility of transferring vacation, based on the need for efficient operation of the company and production as a whole, is determined by the employer. Article 124 of the Labor Code of the Russian Federation names three mandatory points for such a transfer:
- emergency, exceptional situation;
- the absence of a certain employee can have negative consequences for the organization, individual entrepreneur;
- employee consent.
Please note that the legislation does not contain a list of exceptional situations. In practice, they arise when:
- the company is audited externally, and the employee is responsible for this area of work;
- it is necessary to submit reports within a certain period;
- there is an urgent business trip ahead;
- the employee must replace an absent manager (for example, due to illness);
- New equipment and technology arrives, and the need arises to improve its operation;
- in any other cases when the immediate presence of the employee is necessary.
Article 124 of the Labor Code of the Russian Federation establishes a ban on any postponement of vacation:
- minors;
- workers of harmful, hazardous areas and industries.
Paid leave cannot be transferred for two years in a row; the transferred leave must be provided to the employee within 12 months.
For violation of employee rights, Article 5.27.1 clause 1 of the Code of Administrative Offenses establishes penalties:
- for an organization - 50-80 thousand rubles;
- for the management of the organization and individual entrepreneurs - 2-5 thousand rubles.
During the first inspection, regulatory authorities may limit themselves to a warning to the administration (IP).
An important question: can the administration force an employee to postpone vacation based on production needs. The answer is negative. Postponing vacation without the employee’s consent is a violation.
By the way! The transfer of vacation must be recorded in the vacation schedule.
Registration of transfer (employee application and employer order)
How to arrange the transfer of vacation at the request of an employee? First of all, the employee must express his wish for the transfer by submitting a statement to the employer about this. Such a statement does not have a set form, but it is obvious that it must contain:
- details of the applicant (full name, position, name of the unit that is the place of work, personnel number);
- a statement of the essence of the issue (i.e., a request for a postponement, indicating the reason for this and the timing by which the start of the vacation should be shifted);
- date of compilation and signature of the submitter.
For information on how an application for transfer can be completed, read the article “Application for transfer of leave - form and sample.”
When deciding to satisfy the request of the applicant, the employer issues an order to postpone the vacation at the request of the employee. The main part of this document will duplicate the content of the employee’s statement, presenting his request in an affirmative manner.
A sample order for transferring vacation can be downloaded from the link below.
The order will become the basis for making changes to the vacation schedule and the employee’s personal card.
Find out how to reschedule your vacation in the vacation schedule here.
Special circumstances
The employee has the right to reschedule leave. However, there are still certain limitations. But some categories of employees have the right to postpone their vacation to any time. In particular, these are the following persons:
- Part-timers.
- Spouses of security and military officials.
- Adoptive parents of children under 3 months.
- Men who want to go on vacation at the same time as their wife's maternity leave.
The wishes of employees must be recorded in the vacation schedule.
Results
No later than 2 weeks before the start of the next year, each employer approves a vacation schedule, which both parties to the employment contract must adhere to. However, the schedule is subject to change. Amendments are made on the basis of an order drawn up by the employer.
The transfer may be either mandatory for the employer (in situations provided for by law) or dependent on his decision.
The specific dates of the transfer in the first case depend only on the wishes of the employee, and in the second they are the result of reaching an agreement between the employer and the employee. To express their wishes regarding the transfer, the employee needs to write a statement. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
If an employee wants to reschedule vacation
The Labor Code of the Russian Federation does not give an employee the right to cancel or postpone vacation at will. To transfer leave, the employer's consent is required.
To make changes to the pre-approved vacation schedule at the request of an employee, he must write a statement and agree on new vacation dates with the employer.
Important clarifications:
Vacation is not on schedule. Latest clarifications from officials
When can an employee be denied leave at his own expense?
