Sample application to reschedule unscheduled vacation in 2021

Reasons for filing an application to reschedule vacation

The vacation period for employees is outlined in a special schedule, which is drawn up in advance - at least two weeks before the start of the year for which the vacations are planned. Since the vacation schedule is written based on the production capabilities of the company and the wishes of the employees, making subsequent adjustments to it is undesirable. However, there are force majeure circumstances due to which one or another employee is forced to go on vacation earlier or later than the scheduled time - it is in this case that an application for rescheduling the vacation is required.

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It is important to fill out the application properly, with the necessary additional documents attached, given that in some situations it may acquire the status of a legally significant document (for example, when resolving various disputes and disagreements with the employer with the involvement of a labor inspectorate or court).

When it is necessary to agree on new vacation dates with the employee

As noted above, an employee can postpone his vacation if the employer did not pay him vacation pay on time or did not notify him of the start of the vacation on time. In this case, new vacation dates must be agreed upon with the employee.

When determining new vacation dates, attention is paid to ensuring that a situation does not arise when a minor or an employee from hazardous work does not go on vacation for more than 2 years in a row (Part 4 of Article 124 of the Labor Code of the Russian Federation).

Be sure to take this feature into account when answering an employee’s question about whether it is possible to postpone vacation to the next year.

Is the employer obligated to grant the employee's request?

An application to postpone the vacation period is not a guarantee that the employer will accommodate the subordinate - the law gives him the right to refuse the application, but only if there are no special reasons prescribed by law to postpone the vacation. In all other situations, the postponement of vacation is a purely voluntary expression of the will of the parties, taking into account their mutual interests.

In judicial practice, there have been cases when an employee wrote an application to postpone vacation, but the employer refused. Despite this, the employee went to work on the first day of his vacation, but the court regarded such behavior as a violation of labor discipline, deserving of certain disciplinary punishment.

Therefore, when writing an application, you should remember that the last word almost always remains with the employer.

Rules for transferring vacation to another period

Article 124 of the Labor Code of the Russian Federation defines situations when the issue of transfer is resolved by agreement of the parties (possibly an extension or transfer), as well as cases when the employer is obliged to satisfy the worker’s request without fail.

In all cases, the basis for the procedure is the employee’s application.

When an employer is obliged to reschedule a vacation at the request of an employee:

• vacation pay was not paid on time (3 days before the start of vacation time);
• the employee was not notified of the upcoming vacation on time (2 weeks before its start).

When the issue of transfer (or extension) is resolved by agreement of the parties:

• sick leave during the vacation period, opened due to the illness of the vacationer himself;
• fulfilling government duties while on annual leave;
• other cases provided for by local acts of the organization.

In these cases, the parties determine what needs to be done with vacation days - postpone the date of return to work or postpone them to another time.

The issue of a transfer may be raised by an employee or management due to unforeseen, difficult, production circumstances. In this case, the issue is resolved by agreement of the parties.

In what cases is an employer obliged to reschedule an employee’s vacation?

There are a number of circumstances in which an enterprise is obliged to postpone an employee’s vacation period.

1. One of the most common reasons: temporary disability of an employee, in other words, being on sick leave.

If a person gets sick on the eve of a vacation and asks the employer to reschedule vacation days, the latter does not have the right to refuse him. And even if the company has already issued an order to leave an employee, it must be canceled.

2. Another reason for postponing the vacation period: the employee performs government duties during the planned vacation (but only when the Labor Code of the Russian Federation gives in this regard the right to be released from the main job).
3. In cases where the employer delayed payment for vacation or did not send the employee timely (two weeks in advance) notice of the approaching vacation period, the employee also has the right to submit an application to postpone the vacation and the employer will be obliged to satisfy it by postponing the vacation to another period, previously agreed upon. with an employee.

There are other circumstances under which the employer must reschedule vacation without fail: all of them are spelled out in detail in the Labor Code of the Russian Federation or in local regulations operating within the organization.

Can it be transferred to next year?

The Labor Code of the Russian Federation states that vacation must be used by an employee annually. At the same time, the law prohibits failure to provide rest to an employee for more than two years in a row.

If for some reason an employee cannot go on vacation in the current year, then he can request a transfer to the next year. In this case, adjustments must be made to the approved schedule.

If the next year the employee does not go on vacation again, then his vacation is not lost and does not expire. Later, he will be able to use vacation days or receive compensation for them upon dismissal.

That is, the employee does not incur any losses and will be able to rest later, but for the employer, the absence of vacation for an employee for more than two years in a row is a violation of labor laws. This may result in a fine being imposed.

The initiative to reschedule vacation may come from:

• from the employee - sick leave during the rest period, fulfillment of government duties, family circumstances;
• from the employer - production necessity.

In the cases specified in Article 124 of the Labor Code of the Russian Federation, the employer is obliged to postpone rest based on the employee’s application - sick leave and performance of government duties ().

If the reason for the transfer is family circumstances or work needs, then the procedure requires the consent of both parties. Unilateral transfer is not allowed.

Reasons for writing

The main reasons for postponing vacation dates established in the vacation schedule:

1. temporary incapacity for work during rest is based on Article 124 of the Labor Code of the Russian Federation, the employer is obliged to reschedule vacation that coincides with illness, the timing is discussed with the employer;
2. carrying out government duties during the vacation period - the basis is also enshrined in Article 124 of the Labor Code of the Russian Federation, in which the employer cannot refuse to transfer;
3. family circumstances - this concept can cover a wide range of reasons when an employee, for some reason, cannot go on vacation on the dates specified in the schedule, and asks the employer to choose another time for vacation, possibly including postponing it to next year ;
4. production necessity - this reason is used by the employer when there is a need to leave the employee at the workplace due to the nature of his work activity (a partner got sick or quit, a heavy workload, an influx of clients, the introduction of new equipment, etc.), in this case it is necessary to transfer obtain the employee's consent.

The first two reasons are required to be transferred if an application is received from an employee; there can be no refusal. The timing of the transfer is discussed by the parties.

The last two reasons are not strictly binding and require consent from both parties.

In each of these cases, the employee writes a statement in which he expresses either a request to reschedule his vacation or agrees with the employer’s proposal.

How to write correctly?

The statement expresses the employee’s intention, request or attitude towards the employer’s proposal. A statement is written for any reason for transfer.

If the initiative to transfer comes from the employee, then in the text of the application he indicates:

• a request to reschedule annual leave to another time, for example, to next year;
• the number of vacation days is indicated;
• the period for which the employee wishes to carry out the transfer;
• the reason for this request.

If there are documents confirming the reason, they are attached to the application, and their list is given in the form.

The employer reviews the documents and makes a decision on the transfer. If you agree, an order is issued on the basis of which the schedule is changed.

If the initiative comes from the employer, then a notification is first drawn up, in which it is proposed to change the vacation dates indicated in the schedule to another time. In response, the employee writes a statement of consent or refusal, its contents:

• the employer’s document in response to which the application is written (name, number, date);
• consent or refusal to reschedule annual leave;
• new terms for granting vacations.

The application is submitted to the employer, if it contains consent, then a transfer order is issued and adjustments are made to the schedule. If it contains a refusal, then the employer cannot object; he is obliged, in accordance with the deadlines specified in the schedule, to draw up a vacation order and accrue vacation pay.

In addition to the information provided, the text contains standard details:

• information about the addressee;
• information about the applicant;
• Title of the document;
• date of its registration;
• applicant's signature.

Below are sample applications for rescheduling vacations due to family reasons and production needs.

Procedure for postponing vacation

• First of all, the employee writes an application to transfer the vacation period approved in the schedule to the head of the company.
• Further, if the decision is positive, the director issues a corresponding order, which gives instructions to postpone the vacation, make changes to the previously approved schedule, and appoints the person responsible for executing the order (usually the enterprise’s personnel officer).
• The employee must be familiarized with this order against signature, after which, at the time established by law, he is sent a notice of leave (for which he must also sign).

How to properly register to reschedule a vacation?

An application is drawn up according to the standard scheme, preferably in handwritten form addressed to the head of the organization.

The text is drawn up in free form in the first person - on behalf of the petitioner’s employee.

The text should state your request to postpone paid annual leave and explain the reasons for this request.

If necessary, you need to refer to Article 124 of the Labor Code of the Russian Federation, which states this right of workers.

If there are supporting documents, their details are given in the text of the application at the end, and the papers themselves are submitted to the employer.

The completed form is certified with a personal handwritten signature, with the date of writing next to it.

The name of the person to whom the request is addressed is indicated in the upper right corner of the sheet of paper. Information about the applicant is also written there.

You can draw up the document on a regular sheet of A4 paper.

Features of registration in connection with sick leave

If an employee falls ill during the vacation period, the days that coincide with the illness can either be postponed to another time, or the vacation can be extended by their number.

It is important that there is a certificate of incapacity for work, and that the sick person is the employee himself (not his relative or child).

In order for the employer to understand exactly what right the vacationer wants to use - the right to transfer or extend, it is necessary to declare this in writing.

In the absence of any application, vacation time is automatically extended on the basis of sick leave.

To transfer, you should indicate this request in the text, confirm your right with a reference to Article 124 of the Labor Code of the Russian Federation, and also indicate the number of days that need to be transferred. If the parties agree, then specific dates are given.

The issue of dates in this case is resolved by mutual agreement. Below you can find an example of how to write the application text correctly.

How to write applications for renewal and whether it is necessary to do so, read here.

Rules for drawing up an application

There is no unified application template that is mandatory for use, so company employees can write it in free form or use a template developed within the enterprise (provided that it is approved in the company’s accounting policies). The application must contain a number of necessary information:

• the name of the company where the employee works,
• his personal data (position, full name),
• the period for which the vacation was originally planned and the period to which the employee wishes to reschedule it,
• reason for transfer.

If necessary, any additional documents may be attached to the application, the presence of which must also be reflected in the application (for example, a sick leave certificate).

Application rules

The application can be written by hand (many employers require this form of writing and submission), or it can be printed on a computer, it can be drawn up on a simple A4 sheet or on the organization’s letterhead (if such a rule is provided for by the company’s internal regulations) .

The main thing is that it contains the “live” signature of the employee, as well as the date of preparation.

In addition, the application must leave space for the manager’s resolution.

You need to write the application in two copies , one of which must be given to the employer, and the second, after being endorsed by the secretary or personnel officer, must be kept with you.