Find out how to reschedule vacation at the request of the employee, what reasons and grounds there may be for this, and how to reflect the transfer in the schedule and completed documentation.
Transferring vacation at the request of the employee is the most common situation. It is necessary to take into account that when documenting the procedure, you should take care of making changes to the schedule, and also do not forget about the current legislation of the Russian Federation. Proper registration will help avoid sanctions and fines. Find out if you can if the employee has already been paid vacation pay
Based on the Labor Code of the Russian Federation, postponement of vacation at the request of the employee is allowed for a number of reasons. But changes in the timing or time of rest must be documented in compliance with the basic requirements. This procedure will not cause any particular difficulties for novice personnel officers. It is enough to clarify all amendments to current laws in order to correctly process the transfer vacations and reflect changes in the relevant documents.
Holiday date approved in advance on graphics, can be transferred by mutual agreement between the employee and the employer. The initiator can be an employer or an employee.
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The employer should take into account that employees who do not belong to any of the specified categories may qualify for the transfer rest according to schedule subject to compelling reasons and prior approval.
Let's look at an example of a situation where an employee needs to get rest before the due date. He needs to write an application addressed to the employer. In this case, the deadlines are agreed upon with the manager. After which an order is issued for the enterprise on the unified form No. T-6. The employee is introduced to the order against receipt.
The unified application form is not established by law; it is written arbitrarily, but with the obligatory indication of the organization, full name of the manager and employee, and dates. It is advisable to indicate the main reason why the decision to transfer was made vacations at the request of the employee. The application is endorsed by the head of the company and the head of the department.
An example of how to transfer an employee's vacation
The manager of the Alpha enterprise, Kondratyev, submitted an application to provide him with part of the rest that was not used due to illness during annual leave. On this basis general manager Lvov issued an order to postpone the rest time, and the personnel service specialist made the appropriate changes to the employee’s personal card.
If you need to reschedule your vacation, you must write a statement and indicate the main reasons for such a postponement. If the initiator is the employer, he should send the employee the appropriate indicating the request to express the employee’s consent or refusal to transfer.
If the parties agree to such a transfer of leave, the personnel service specialist is obliged to draw up an order in and make appropriate changes to the previously drawn up vacation schedule (instructions that are approved
If the transfer of vacation occurs after the publication of an order for the enterprise on its provision and Section VIII of the personal card has been filled out, then it is necessary to make the appropriate clarifications. The procedure for corrections in this section of the card is not established by law. Accordingly, all changes are made to .
It is said that every employee has the right to annual paid leave. The total duration of such leave, according to general rules, is 28 calendar days. Is it possible to postpone a vacation to the next year if it was not possible to take it off this working year for some reason?
In Art. 124 of the Labor Code of the Russian Federation lists the grounds on which an employee’s annual leave can be postponed. This:
Carry-over leave must be taken within 12 months of the end of the working year in which it is due. It is prohibited to postpone vacation for more than 2 years.
In addition, it is prohibited to transfer leave to the following categories of employees:
Before rescheduling an employee's leave, the employer must obtain a written agreement from the employee. Then the employee writes a statement. It must contain the following information:
Based on the application, the employer issues an order. Then changes are made to the vacation schedule. But here you will need to indicate exactly for what period the vacation is postponed. Therefore, it is better to reach an agreement with the employer in advance.
Does vacation carry over to the next year if the employee cannot take it off in this work year? Yes! But only for no more than 12 months from the start date of the new working year and only if there are compelling reasons and with the written consent of the employee himself.
Is it possible to postpone my vacation to next year? Yes, subject to certain conditions, the transfer of vacation is possible both at the request of the employee and at the request of the employer.
Let us remind you that the order of granting vacations is fixed in the vacation schedule (form No. T-7, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1). It is drawn up annually: no later than December 17 of the current year, a schedule for the next year must be drawn up (Article 123 of the Labor Code of the Russian Federation). Accordingly, when transferring vacation, changes must be made to the schedule.
In some cases, the employee's vacation must be postponed in accordance with current legislation. This is, for example, when an employee during vacation (Article 124 of the Labor Code of the Russian Federation):
In such a situation, transfer of leave at the request of the employee according to the Labor Code of the Russian Federation is possible on the basis of his written application. By the way, it is also possible to extend the vacation here instead of transferring it to another period. And for this, an oral request from the employee will be sufficient.
In addition, at the request of the employee, the employer must postpone the vacation to another period agreed with him if (Article 124 of the Labor Code of the Russian Federation):
Listed above are several cases when an employee has the right to request a transfer of vacation to another period. And for this he must write an application addressed to the head of the organization. It could be composed, for example, like this.
Application for transfer of vacation (sample) General Director of Kaleidoscope LLC I.V. ZlobinApplication for transfer of vacation
14.06.2016 № 3
I, Ivan Sergeevich Kungurov, was granted another annual paid leave from 05/30/2016 to 06/13/2016. In the period from 05/31/2016 to 06/06/2016, I was sick, which is confirmed by sick leave No. 001 234 567 891 dated 05/31/2016.
I ask you to transfer 7 (seven) calendar days of annual basic paid leave that coincided with the period of temporary disability to another period, namely from 07/25/2016 to 07/31/2016.
Attachment: certificate of incapacity for work No. 001 234 567 891 dated 05/31/2016.
Leading engineer Signature Kungurov I.S.
In the same vein, an application can be drawn up from an employee who asks to postpone the vacation to another date for his personal reasons. But in a situation where there are no objective factors for postponing vacation, the employer has the right to refuse the employee.
At the same time, it must be taken into account that some categories of workers have a priority right to go on vacation in. And if such an employee approaches you with an application to postpone vacation, he cannot be refused.
Transferring vacation due to production needs, i.e., at the initiative of the employer, is also possible (when an employee going on vacation may have a negative impact on the organization’s performance results). But to do this, firstly, the employer must obtain the employee’s consent to the transfer. And secondly, subsequently the employee must be given the opportunity to use the postponed vacation during the next working year (Article 124 of the Labor Code of the Russian Federation).
Sometimes circumstances force an employer to issue an order to postpone an employee’s vacation. We will tell you under what conditions it is possible to draw up this document and provide a sample of it.
According to the law, the transfer of leave due to the production needs of the enterprise is possible by virtue of Part 3 of Article 124 of the Labor Code of the Russian Federation. Let us immediately note that in this norm we are talking about shifting vacation dates to the next year, but this is not important.
According to the Labor Code of the Russian Federation, transfer of vacation at the initiative of the employer is possible only if the following conditions are met:
The listed conditions for postponing the next vacation at the initiative of the employer apply equally to both legal entities and entrepreneurs.
As you can see, rescheduling vacation due to production needs is only permissible in exceptional cases. However, they are not specified anywhere in the law. Therefore, controversial situations often arise in practice. But in any case, the last word belongs to the employee, who is being pushed to postpone his planned vacation.
You can only transfer your vacation for 1 year in advance and no more.
No matter how long the main vacation is postponed, this case is formalized with an order to postpone the annual leave.
In general, is an order to postpone vacation necessary? Formally, no. The employer has no obligation to publish it. It's just more convenient. Moreover, such an order serves as the basis for adjusting the vacation schedule.
A very delicate question is whether an employer can refuse to postpone a vacation. By general rule- yes. Moreover, there is no need to confirm the refusal with a separate written document. The logic is this: the rest schedule for all employees has already been approved. And this is an internal act that is generally binding on both parties.
The law does not approve a mandatory or sample form (sample) for an order to postpone vacation. Therefore, it is drawn up in free form, taking into account the rules for documenting labor issues adopted or established in a particular organization.
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Every person has the right to annual rest, which ensures the restoration of the body and its energy abilities after hard work associated with performing production tasks. Sometimes situations arise when a planned vacation is irrelevant in a specific time period. In that case The employer has a question about whether it is possible to postpone the vacation at the request of the employee. Legislative norms do not prohibit changing deadlines, provided that the procedure is correctly completed.
The initiators of the postponement can be both the employee and the employer. The head of a business entity must control the document flow procedure, which determines the legality of making changes to the internal documentation of the enterprise. It is mandatory to fill out a schedule based on the questionnaire. Vacations are provided only in accordance with the approved schedule.
How to reschedule your vacation
Labor Code allows for the possibility of postponing official days of absence for family reasons.
An employee has the right to refuse a vacation and reschedule it if he has not been paid vacation pay on time. The employee must be notified by the employer at least two weeks before the start of the vacation period. If the deadlines are not met, he has the right to refuse rest.
Conditions for transferring vacation
Life circumstances and events may cause the end of vacation to be automatically postponed by extending it. It is possible to use days in a future period. Such circumstances include the performance of government duties or the illness of an employee during the period of his official absence from work. Extension or transfer of rest days is processed on the basis of documentation confirming these events. It can be a summons, a summons or a certificate of incapacity for work.
The transfer of leave due to sick leave to a later time is carried out on the basis of an application from the employee. Extension of rest time for this reason occurs automatically and does not require special documentation of the procedure. The basis for extending days is a certificate of incapacity for work, a copy of which is attached to the vacation documentation.
If sick leave was issued to care for a family member, then the leave period is not extended.
If a person gets sick during vacation, which he can document, then he does not have to go to work to extend his vacation. It is enough to notify your superiors of your decision by telephone before the start of the working day. Sick time and vacation time are paid separately in accordance with legally regulated procedures.
Notice of possible transfer vacation due to late payment of vacation pay
The Labor Code defines specific dates as officially weekends and non-working days. If they fall on vacation time, it is extended by the day that is the first working day after the end of vacation. Postponed holidays during vacation are not paid separately, since when calculating vacation pay, the average cost of a working day has a fundamental influence on the amount of payments.
Transfer holidays on vacation is carried out in accordance with the rule regulating that if a holiday falls during vacation, then you should count on an additional day of rest.
Typically, the employer tries to exclude from the schedule time periods during which holidays fall. This is due not only to the difficulties of calculating payment for absenteeism, but also to the organization of production associated with situations when one worker goes on vacation, and there is no one to replace him, since the shift worker is on holidays.
