Postponement of the vacation date at the initiative of the employee. About postponing vacation. “I ask you to postpone the annual paid vacation”: how the application is made

By law, every employee of the company must go on vacation during the year. The sequence in which this will happen is developed and approved in advance of the beginning of the year, and is called the vacation schedule. However, sometimes there may still be cases when it is time for an employee to go on vacation, but in the interests of the company, it is advisable to postpone the vacation. Then the transfer of vacation is documented.

Legislation allows you to transfer the planned rest time both within the current year and the next year.

The Labor Code clearly defines the cases in which the employer is obliged to transfer it.

However, this action has some limitations:

It is forbidden to postpone annual leave for 2 years in a row;
It is forbidden to transfer to workers who are under 18 years of age, as well as those who perform duties in a place with harmful or dangerous conditions.

Which holidays are allowed to be carried over and which are not?

All provisions of the Labor Code relating to the transfer of vacation affect only. But what about other holidays, in particular additional ones, which are usually added to the main ones by the day?

The law does not give a direct and clear answer to this, with the exception of the rest of workers on harmful and hazardous conditions. However, experts believe that postponing vacations that are associated with the restoration of health, and where a ban on payment is established monetary compensation, by analogy with the leave "for harmful" is also impossible.

Attention! In addition, it is better to adhere to the following principle - if the Labor Code does not expressly state that such a vacation can be postponed, then it is better not to do this.

The main reasons for the transfer

The law establishes the reasons for postponing vacation when the employer is obliged to do so. In all other cases, especially with regard to the transfer at the request of the employee, the administration can meet him halfway, but is not obliged to do this.

All identified reasons can be divided into two groups:

Independent of the employer
- Transferring vacation due to sick leave. If an employee falls ill while on vacation, and in confirmation of this fact he provided a sick leave, the administration is obliged to either postpone the days of illness to another period at the request of the employee (based on the application), or extend the current rest time by this number of days;
- Fulfillment of civic duties during vacation. The law establishes the following situations: participation in the work of the court as a juror, witness, expert or translator, summoning to state bodies as a victim, witness, witness and the like, passing military training or a medical examination.
- Other reasons. These include timing study leave with annual. Also, other reasons may be established by law, a collective agreement or other local acts.
Due to the fault of the employer
- The employee was not paid vacation pay on time (3 days before the start of the holiday);
- The employee was not warned 2 weeks in advance that the scheduled vacation date was approaching.

Who can be the initiator?

Transfer of leave at the request of the employee

Such a transfer of leave is not defined by law as mandatory, and therefore can only be carried out with the consent of the employer.

If he considers that the reasons for the transfer are not valid, or there is no opportunity to move the rest time to another time, he has every right to refuse the employee.

There are situations when the company does not have the right to refuse to transfer at the request of the employee. In particular, such situations include the desire of the employee to use the available leave before going on maternity leave, or after the decree or leave to look after the baby.

If the company does not mind, the employee must write an application - either to go on vacation if he wants to use it earlier than the schedule date, or an application to postpone the vacation - if later than the schedule. In the second case, this must be done before the date according to the schedule.

Attention! According to the vacation rules, the employer has the right to demand from the employee documents that would confirm the impossibility of using the vacation according to the schedule.

Transfer of leave at the initiative of the employer

Such a transfer is also possible. The transfer at the request of the employer can be made in the case when the absence of an employee at his workplace will negatively affect the performance of the company.

Such a transfer is very difficult, since the administration will need to prove that the situation has arisen as an exceptional one, and it was impossible to do without canceling the vacation. In addition, the employee must obtain his written consent.

Exceptional situations include receiving a complex order that only this employee can complete, a failure in the computer network or programs that paralyzed the company's activities, and only this employee can eliminate the consequences of the failure. But the transition to a new version of the program cannot be attributed to such cases, since it does not come out spontaneously, and without it it is quite possible to work out the vacation period.

Important! Obtaining the consent of the employee in this case is prerequisite. If you refuse it, the transfer cannot be performed. In addition, you cannot cancel the vacation if there was already a transfer last year - that is, it is impossible for an employee to be without vacation for two years in a row. The latter is prohibited, even if he himself is not against the transfer, and is ready to sign the consent.

Is it possible to postpone rest days without the consent of the employee?

The transfer of rest without the consent of the employee with this event is unacceptable, this is directly established by the provisions of the Labor Code:

Holidays must be adhered to by both parties. labor relations;
The transfer can be made only with the consent of the employee.

Even the presence of any urgent production need does not give the administration the right to retain an employee and not provide him with time off.

Attention! If this event nevertheless occurred, the employee has every right to file a complaint with labor inspection. After the audit, the economic entity and officials responsible for the violation will be fined.

How to properly transfer vacation

Let's take a closer look at how to reschedule a vacation.

Step 1. Drawing up an application for the transfer of vacation

The procedure for transferring leave at the initiative of the employee begins with the preparation of an application for transfer by him.

He must fill it out on his own, either by hand or using a computer. The legislation does not provide for its specific form. The enterprise may have pre-designed templates.

The application must include:

Position of the head, name of the company, his full name
Position, personal data of the employee, name of the structural unit in which the applicant works.
The reason for which it is necessary to carry out the transfer of the planned vacation.
Vacation dates according to the vacation schedule and new dates for the requested vacation.
Indication of the availability of supporting documents as attachments.

Attention! The application must be signed by the employee. If the application indicates the reasons for the transfer, which are confirmed by the relevant documents, then they or copies must be attached to the submitted form.

It should be registered in incoming correspondence, and then transferred to the manager, who, on the basis of it, must make a decision.

Step 2. Requesting consent to postpone the vacation from the employee

This stage of the procedure is necessary when the employer is the initiator of the postponement of the vacation, if, due to production reasons, during the rest period of the employee, his presence at work is necessary.

To process the transfer, you must send a letter to this employee with a request to transfer the vacation to a later date. If the employee gives a positive answer, then this must be recorded either in the same document, or the employee’s consent must be drawn up in an arbitrary form on paper.

Step 3. Coordination of new vacation dates

Each party may have its own ideas about the desired dates of the postponed vacation. Disagreements may arise due to production needs, current legislation, desires of the parties.

Step 4. Issuing an order to postpone the vacation

The decision made by the head is best reflected in the form of a written order. The order to postpone the vacation is formed personnel service in any form. An approved specialized form for this document no.

It must necessarily include an order to postpone the employee’s vacation indicating his position, full name, a reference to the norms of the Labor Code of the Russian Federation that allow the transfer, previously approved dates of the rest period, new dates, the basis for this action, as well as the procedure for entering into the existing vacation schedule adjusted in accordance with the application or signed agreement.

Responsible persons who will document the changes made are also indicated here.

The order should be reflected in the registration log, as well as familiarize the employee and responsible officials who are mentioned in it with its contents.

Step 5. Making changes to the vacation schedule

To do this, you need to fill in the "Transfer of vacation" column, which reflects the details of the order to postpone the vacation, as well as the new dates for the employee's rest time.

Step 6. Filling out a personal card

Contains information about the periods of rest provided to a person working at the enterprise. Information about the transfer of vacation is entered into it only if the employee went on vacation and during it there was a transfer.

When a vacation is fully transferred, the entry made in it must be completely canceled.

If only part of the vacation period is transferred, then the data in column 4 (Number of days) and column 6 (End date) should be crossed out with one line.

The correct values are entered below, and column 7 is supplemented with the details of the transfer order.

Each company has a vacation schedule at its disposal - this is mandatory requirement. The vacation time of employees must correspond to the schedule for the 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 transfer of annual leave according to the schedule is caused by sick leave worker, production necessity at the initiative of the employer, the desire of the employee to postpone the rest for the next year, for example, for family reasons.

This gives rise to important question about 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, move main labor leave can:

When an employee was overtaken by an illness during the vacation period, or he was injured, as evidenced by the relevant certificate from a 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 weekends 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 vacation days for 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 himself 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 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 in accordance with the 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 the T-2 card:

Changes are made to the time sheet - it is necessary to note the days lost by 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 of granting leave comes from the employer, then instead of the application, the employee signs a notification as the 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 employee went on a legal vacation exactly on the dates indicated 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 due to 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.

Documentation is given 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; this amount must be taken into account on account of 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 a sick leave that falls on an annual vacation 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 vacation to the next year if it is provided for harmful conditions labor?

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 represents 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 was carried out, and the annual bonus for the previous year was paid.
Should the accounting department recalculate vacation pay taking into account these payments?

Answer

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.

Answer

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

Answer

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.

Answer

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?

Answer

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

Answer

In accordance with the norms of the law, each enterprise creates a vacation sequence schedule, on the basis of which workers use their well-deserved rest throughout the year.

However, given that initially it is impossible to plan the same family problems or production processes, both the employer and the employee are given the right to reschedule for another time that will be convenient for both the employee and the company.

Legislative regulation of the issue

Work at each enterprise implies the use of a certain system, which is formed taking into account the specifics of labor and other processes. economic activity. That is why the company's employees, who are actually the main resource and driving force, use the main vacation not at any convenient time for them, but in accordance with the priority schedule, which is drawn up in such a way that manufacturing process did not stop.

So, in particular, in accordance with Article 123 of the Labor Code of the Russian Federation Until December 15, this schedule for the next year should be published, drawn up taking into account the economic activities of the institution and the opinion of the trade union, which monitors the observance of the legal rights of workers. Then the agreed document is approved by the head of the company and the chairman trade union committee, and is accepted for execution with the condition that the fixed periods of rest in relation to all employees must without fail respected by both parties, i.e. both the employees and the employer.

At the same time, given that when creating a schedule it is impossible to foresee all the unforeseen circumstances that may arise over the next 12 months and lead to the need to transfer the legal holiday to another period, the law provides for the possibility of making changes that, accordingly, will give both parties the right to use the period of exemption from labor activity at other times.

So in particular, okay Article 124 of the Labor Code of the Russian Federation annual and vacation can be postponed both at the request of the employee himself, and at the initiative of the enterprise, but with the only condition, namely, the use of the agreed period of rest until the end of the current year or no later than the end of the next, given that, within the framework of the law, not granting vacation during more than two years is prohibited.

Types of periods of exemption from the labor process

According to the norms of the law, every worker has the right to both work and rest, expressed not only in days off, but also in annual holidays, minimum length which, in accordance with Article 115 of the Labor Code of the Russian Federation, is 28 days in calendar terms. At the same time, if an employee performs his duties in conditions that deviate from the norm, which is relevant in the presence or work in the northern regions, he is also entitled to additional time off from work, the length of which is determined in accordance with the norms of the law.

So in particular, in addition to annual leave by law provided the following types extra rest for:

At the same time, the main vacation is provided to each employee for a fully worked year, but the additional one is only proportional to the hours worked under certain conditions, minus periods of disability and the same annual holidays.

The specified types of rest in accordance with Article 114 of the Labor Code of the Russian Federation are generally considered annual paid periods of release from work in order to rest from everyday workload and to restore physical condition in the event that we are talking on the harmful effects of certain production factors. At the same time, in accordance with Article 124 of the Labor Code of the Russian Federation, any of them can be rescheduled for another period, both at the request of the worker himself, and at the will of the management, if the worker's rest at the previously scheduled time will lead to a disruption in the production process.

By the way, in accordance with the same article 124 of the Labor Code of the Russian Federation, annual leave should be moved regardless of the wishes of the parties the following cases:

during the period of use of lawful rest, for a number of days equal to illness;
execution of state or public duties, let's say the liquidation of the consequences of the disaster or .

Also, in accordance with the norms enshrined in the Labor Code of the Russian Federation, an employee can count on the following types of vacations, which can already be called social, in particular, we are talking about and . The agreed types of exemption from direct duties, in fact, are targeted, provided for childbirth and caring for a baby or for scheduled exams. And since neither the date of birth of the child, nor the passing of the session can be postponed to another date, given that the physiological needs of the body, as well as the plan educational institution cannot be changed at the request of the worker, maternity leave and student leave are not transferable.

Reasons for changing rest periods

As a rule, annual leave is granted on the basis of a priority schedule, which, in accordance with Article 123 of the Labor Code of the Russian Federation, is mandatory for both parties.

At the same time, the law takes into account that it is impossible to foresee all the circumstances a year ahead. Therefore, the possibility of transferring a well-deserved rest to another period is allowed, but again only by agreement of the parties, which are the employee of the company and its head.

It should be noted that the vacation schedule, in fact, is a local act, the norms of which the parties are obliged to comply with, therefore, any changes to the agreed document must not only be documented, but also have good reason for such actions.

At the request of the employee

So, in particular, at the request of the worker, it is possible to transfer in the following cases:

The agreed list of grounds for postponing the vacation period is, of course, far from complete, given that there can be many urgent cases or problems that suddenly arise, which is why the right to judge how valid the reason for postponing vacation time is by law is given to employer, which actually will decide how justified the transfer is.

Employer initiative

Considering that both sides labor relations, in fact, are equal partners, the employer has the same right to transfer the previously planned rest as the employee himself. At the same time, according to the law supervisor not only must announce his decision, but also confirm the validity of the postponement of the holiday.

It should also be noted that the law as a basis to change the vacation period, only one wording is provided, implying an unfavorable reflection on the course production activities, therefore, the director has the right to decide for himself how and how much the absence of a worker at the enterprise at the moment will affect and how justified the transfer is.

That is, in fact, the company's management can use any wording from the submission of quarterly reports to the completion of the project, not to mention the replacement of a temporarily absent employee due to illness or a scheduled inspection by regulatory authorities. There is one more aspect that should be noted, which is enshrined at the legislative level, namely the consent of the employee, which, despite the operational need, may not agree with the decision of the management, especially if the vacation is provided according to the schedule and tickets have already been bought for the same sea or abroad.

Reasons for rejection

As a rule, in most cases, both parties to legal relations, in most cases, resolve any production issues, including the transfer of annual leave, in the working order and on a contractual basis, because the director may need to submit an urgent project at the end of the work shift, and the employee may have an unplanned day off, which, in principle, leads to to a shared understanding.

However, in a number of cases, it is not possible to reach a consensus, given that any compromises are made subject to a single condition, the implementation of the normal course of labor activity.

That is, in fact, an employee can be refused a transfer of vacation only if his absence from the company adversely affects the overall course of the production process.

Registration procedure

Given that the priority schedule is a local act, any changes to the agreed document imply a certain registration procedure.

Employee initiative

So, in particular, if the employee is the initiator of making changes, to begin with, it is drawn up, which is submitted for consideration to the management. Then, when a positive decision is made, expressed in the imposition of a resolution, an order is already issued to amend the schedule and, accordingly, provide legal rest at another time.

If the reason for changing the rest period is sudden onset illness, a sick leave certificate is also attached to the application, on the basis of which the transfer order is issued.

By the way, in accordance with Article 123 of the Labor Code of the Russian Federation, the employee must be notified of the start time of the vacation 14 days before its occurrence. If the worker within the agreed time not received notification, such actions are regarded as violations of the rights of the worker and lead to the emergence of the employee's right to postpone the vacation at his request to a time convenient for him in accordance with Article 124 of the Labor Code of the Russian Federation, again with the submission of an application and the issuance of an order to change the period of use of legal rest.

Employer's wish

In the event that the head of the company is the initiator of the transfer of the term of use, the analogue of the application from the employee is already report from the same department head, who brings to the attention of management about the presence of urgent cases or an unfinished project, as well as the need to transfer the rest in relation to a certain employee in order to avoid disrupting the normal course of production activities.

Based on the submitted report, an order is issued, with which the worker must not only be familiarized without fail, but also express consent by affixing a signature or writing the phrase: I do not agree with the postponement of the vacation. By the way, the order itself should contain not only a request for changes to the schedule, but also a new date for the use of legal rest.

Given that it is quite difficult to predict the need for rest only in a certain period, and even a year in advance, the company's management in most cases resolves the issue of postponing the main vacation positively. After all, everyone understands that with a loyal approach to employees, as well as their problems, the ability to work, as well as the desire to fulfill immediate duties, increase significantly.

For the rules for issuing annual leave, as well as their transfer, see the following video:

Different situations happen in life, and sometimes you just need to transfer your vacation to next year. Can this be done legally, and what steps should be taken to achieve this? The answer is unequivocal: you can, if you write an application for postponing the vacation according to the schedule in time and get the consent of the employer. But the employer can also postpone the employee's vacation to another date, if it is necessary for the normal operation of production. More details below.

What are the deadlines for submitting an application?

Vacations of employees are planned by the management in advance. For an orderly and uniform departure of workers in annual leave"Vacation schedule" is drawn up. The schedule indicates the beginning and end of the vacation of each employee. every year (Article 123 of the Labor Code of the Russian Federation). The vacation schedule is always ready by December 17 of the current year. If the rest time of one of the employees changes, the schedule is amended.

The legislation provides for a number of reasons for postponing an employee's vacation. An application for unscheduled leave can be written if:

In the event that the employee was not informed by the administration of the date of the beginning vacation fourteen days in advance (Article 123 of the Labor Code of the Russian Federation).
If the payment of vacation funds is delayed. Art. 136 of the Labor Code of the Russian Federation states that the employer is obliged to issue the money accrued for vacation no later than three days before the date of vacation.

How to change leave at the request of an employee

When an employee has the legal right to ask for the transfer of vacation to another time, an application is written. If the administration meets the request of the employee, then the vacation schedule changes, the transfer of the vacation is taken into account. A sample application form is available at the link.

An application for an off-schedule leave should be written in a similar way, it is important to indicate the reasons for the transfer. If the reason is not serious enough and valid enough, then the administration may refuse the employee's request.

If the reason is not serious enough and valid enough, then the administration may refuse the employee's request.

Leave transfers for beneficiaries

There are privileged categories of workers who are given priority in postponing their vacation to a time that suits them. If an employee with vacation benefits applies to the administration with such a request, it is impossible to refuse him. The list of employees who have the legal right to change the date of vacation at will:

Spouses of the military who are in the service, wishing to go on vacation at the same time as their husbands.
Working adoptive parents of children under the age of three months.
Employees or immediately.
A worker whose spouse is on parental leave.
Employees whose vacation was interrupted due to operational needs.
Employees studying for distance learning(they are given the opportunity to combine study leave and main leave).
A worker in several places (at a job where he works part-time, are required to provide leave that coincides with leave at the main place of work).

The privileged categories also include veterans of the Second World War and military operations, war invalids, liquidators of Chernobyl and citizens who received radiation exposure; Heroes of Russia and the USSR, full cavaliers of the Order of Glory and Labor Glory, Heroes of Socialist Labor; citizens who have the status of an honorary donor of Russia; people affected by weapons testing in Semipalatinsk.

Reasons for recalling an employee from vacation

Sometimes a vacationing worker can. Such a recall is due to an acute production need, when the lack of this particular employee at work will negatively affect the entire work of the enterprise. In order for a worker to be recalled from leave, two conditions must be met:

A person who is on an annual legal holiday must himself agree to interrupt the legal holiday.
In the future, the worker shall be granted vacation in the number of unused vacation days in the period that the employee considers most suitable for himself.

Cases that allow interrupting an employee's vacation are listed in Art. 124 of the Labor Code of the Russian Federation.

When You Can't Postpone Vacation

The law does not allow some workers to postpone vacation periods even if they so desire. These are workers, and people whose work is associated with danger and risk to life. The administration cannot satisfy their request to postpone the vacation, even if such employees write an application for the postponement of vacation days.

As you can see, the postponement of vacation is possible, for this it is necessary to achieve mutual understanding and a reasonable compromise between the employee and the employer, and always subject to all the norms of the current legislation.