If the employee has not taken a full vacation (14 days only)


What is unused vacation?

Where does unused vacation come from?

? According to the Labor Code of the Russian Federation, employers are required to annually allocate paid vacation days to their employees. There are 28 of them per year, which can be divided into periods of 14 days.

But employees do not always have time to use them for various reasons. The Labor Code provides for the possibility of transferring vacation days to the next year.

You can transfer your vacation to the next year if there are reasons not to go on vacation. But vacation days do not remain fireproof; there is a statute of limitations. And an example of calculating unused vacation will be relevant if an employee plans to add the days remaining from last year to a new vacation or quits and expects to receive financial compensation.

Articles on the topic (click to view)

  • Fine for late payment of vacation pay
  • What to do if your employer does not pay vacation pay
  • How long after employment is vacation allowed?
  • Is maternity leave taken into account when calculating pensions?
  • Accounting for compensation for unused vacation
  • Dismissal while on maternity leave
  • Notice of granting leave to an employee: sample 2021

How is vacation not taken off?

Regardless of any factors, vacation accrued over the past years will not be expired.

. The employer is obliged to act as a guarantor that if the employee does not take vacation in 2021, then it will not be lost. But this does not apply to every year. Transfer is possible for a maximum of one year. The number of days of unused vacation is transferred to 2021. The days can be used as time off or added to a new annual holiday.

The number of days of unused vacation is retained, even if the employee went on additional educational or maternity leave during the year. The right to rest according to the Labor Code of the Russian Federation is inviolable

, in any case, the unused part of the vacation is transferred to the next year.

Unused vacations do not expire

Unused paid (unscheduled) vacations provided by law do not expire or disappear . Every hired employee should know this so that unscrupulous mislead him .

This applies to both annual basic paid vacations and additional ones required by law. Therefore, we recommend that you indicate information about the remaining days of last year’s vacation in the vacation schedule.

Is it possible not to go on vacation?

The employee can reschedule vacation and continue working during the current year. But to completely refuse a vacation, compelling reasons are required, such as:

  • the presence of urgent work that only this specialist can perform;
  • insufficient number of employees for the vacation period;
  • crisis in production;
  • difficult financial condition of the company.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

If the signed employment contract allows, then the employee may not take vacation this year on his own initiative, and not only for good reasons from management. Unused days also do not expire.

Unused vacation days calculator

To calculate the number of days of unused vacation, it makes sense to turn to a calculator, available even online. You can also count the days of unused vacation yourself. The formula for calculating compensation by day is simple:

  1. Multiply the number of months worked by 2.
  2. Subtract from the resulting number the number of days for which you went on vacation during the entire period of work.
  3. The remainder will be the number of unused days.

Calculating the vacation balance is relevant both if you want to take advantage of it, and if you leave the company to receive financial compensation.

Upon dismissal

In accordance with Article 127 of the Labor Code of the Russian Federation, upon termination of labor relations, the company is obliged to pay the employee compensation for all days of unused vacation, which was not realized at the time of dismissal.

That is, in essence, regardless of whether annual leave was used at the time established by the schedule or not, and regardless of how many days were accumulated, the employer is obliged to pay compensation for all days in the amount of the average wage, calculated taking into account the standards enshrined in Article 139 of the Labor Code of the Russian Federation.

Non-vacation leave - subtleties of legislation on this matter

People who are employed are often interested in the question of whether vacation time is lost or whether it can be used in the future. It is worth knowing the norms of the Labor Code in order to properly build relationships between a subordinate and a manager, including in matters of rest time. According to the Labor Code, workers have the right to rest. The period when the employee does not work but rests is paid. This right is reflected in legislation. In most cases, this period is 28 calendar days; there are other lengths of time.

Unused vacation – unused vacation days for one reason or another. This can be an extreme demand in the workplace. Perhaps the employee, on his own initiative, decided to go without vacation. The reason is not that significant.

How many days of vacation can be provided during the year?

If an employee has not rested for several years, then the number of unused vacation days can be in the dozens, and sometimes even exceeds 100. The question arises: will the employer break the law if he provides all these days within one year?

The Labor Code does not contain any restrictions on this matter. Simply put, a company or entrepreneur can safely pay off their vacation “debts” to an extent that will not harm the production process. Moreover, in a situation where all “overdue” leave is granted at once, the employer has a significantly increased chance of avoiding conflict with labor inspectors. Thus, if we are talking about unused vacation, then any number of days is legal.

Procedure for registering unused vacation period

It is necessary to record the vacation not taken off, otherwise it may burn out. HR department employees are required to deal with these issues. If the enterprise is not large, then perhaps the accounting department deals with such things.

The employee has the legal right to inform management of his intention. He can choose either to receive a cash payment or to rest for the prescribed period.

The next vacation is provided once a year. It is calculated after twelve months of work. The employee must submit a written application, after he has worked for 6 months at the enterprise.

By law, the manager must satisfy your right. If a person has worked for a calendar year, this means that he has unused regular vacation. In this case, leave is granted upon request. Management's arguments about production necessity and indispensability are unjustified.

The reality is somewhat different from the “letter of the law”. It is unlikely that anyone will conflict with management. In this case, you could lose your job. Under such circumstances, solutions are found that would satisfy each of the parties.

This is important to know: Application for leave without pay for a civil servant

The law stipulates that if an employee does not rest, he is entitled to monetary compensation. It may be required in some cases. There are certain conditions that indicate the protection of workers' rights. Laws are adopted taking into account that managers of large and small enterprises cannot mislead people and simply exploit them.

There are bodies whose responsibility is to monitor the process of compliance with the rule of law in organizations. The employer must monitor the health and rest of subordinates. If employees do not take rest for any reason, and there is a vacation debt, they are awarded compensation.

Conditions for payment of compensation

Instead of non-vacation leave, upon dismissal, the employee is entitled to accrual of compensation payments. When drawing up the order, the administration indicates that there is unused vacation for several years. It comes in several types:

  • The next one.
  • Special.
  • Additional, etc.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Is it possible to receive payment without leaving the company? Perhaps, if the employee rested for at least half of the required period. Only then is compensation paid. Does unused vacation expire? Unused vacation from previous years does not expire.

In accordance with Article TC No. 124, an employee has the right to use all accumulated vacation days for previous years with a particular employer. It is possible to add days to the current next vacation. This question arises often - if I didn’t take vacation over the past year, does my vacation expire? For example, if there are days left over from last year, they automatically transfer to the next year. Perhaps add 13 days to your next vacation. In case of dismissal, in accordance with Article No. 127 of the Labor Code, the employee has the right to:

  • Receiving monetary compensation for unused vacation.
  • Submitting an application for vacation with further dismissal (at one’s own request, if for other reasons it is not paid and vacation days are running out).

Compensation

If a resigning employee did not take leave for the previous year, the company compensates it with money. This rule is stipulated in Article 127 of the Labor Code of the Russian Federation.

It is possible to extend the length of service at the enterprise during unused vacations and dismiss them no later than the last day of vacation . It is advisable to apply this legislative norm if the search for a new job (with relocation, for example) may take a long time or if a fixed-term employment contract has expired.

A particularly sophisticated method can be considered legal in all respects, but troublesome for the employer and risky for the worker. If you quit the company and immediately try to get a job in your own position, you can receive compensation.


Part of the vacation can be replaced with monetary compensation for an employee who continues to work only if two conditions are met:

  • if the employee is not a minor or pregnant (Article 126 of the Labor Code of the Russian Federation), if additional leave is associated with dangerous or harmful working conditions, or is provided to “Chernobyl victims”;
  • if the duration of vacation over 28 days is compensated.

To receive monetary compensation in exchange for rest days, you should write a free-form application addressed to the director . Based on it, the manager will issue an order for replacement, the employee will be familiarized with the order against signature and the amount due for payment will be calculated . The HR specialist will note the replacement in the personal card (form T-2, section 8) and in the vacation schedule.

Annual paid leave is not just a social guarantee constitutionally enshrined by the state. This is an opportunity to fully restore strength, engage in your favorite hobby, and spend time with your family without any loss to your home budget . Employees and employers who respect each other ensure respect for the right to rest on mutually beneficial terms without mutual additional problems.

Unused vacation arrears expire in 2021

Do vacations from previous years expire? The answer to the question is unequivocal - no, both the unused vacation period in 2021 and in 2021 do not expire. Workers who, for various reasons, practically do not rest, accumulate debts on vacation days that are quite large.

This situation, as a rule, does not suit the employer. The following reasons:

  • The labor inspectorate will be interested in the issue of inadequate rest for employees.
  • For accumulated vacation days, compensation will have to be paid upon dismissal of an employee, on the basis of Labor Code Article No. 127. Therefore, managers offer employees all kinds of options for canceling vacation time for previous years.

Disposal options, advantages and disadvantages:

  • The employee takes off the vacation period in parts or in full (TC Article No. 125). Receives proper rest, as well as payment (vacation pay).
  • Sometimes management suggests dividing the period into short periods, mainly weekends. At the same time, the employer argues that this is a benefit for the employee, since he will receive greater material benefits. A certain amount (vacation pay) will be paid for a day off. So the vacation will be burned (debt on vacation days).
  • The worst option is to take another vacation and continue working. The employee receives vacation pay, but loses his salary, since he is officially on vacation.

Important! The same rules apply to additional vacation days as to regular ones. Additional unused days can be used by adding them to the current, upcoming vacation. Or, upon dismissal, you will be paid compensation, in accordance with Article No. 127 of the Labor Code of the Russian Federation.

Employer's liability

In fact, within the framework of the law, the formation of unused rest is not a violation , but only if the worker had the opportunity to rest for at least two weeks a year with the obligatory condition of implementing the rescheduled rest over the next two years.

Moreover, if, in violation of the norms of Article 124 of the Labor Code of the Russian Federation, legal rest was not provided at all , and for more than two years in a row, the company management will be subject to punishment in the form of an administrative penalty, which is expressed in penalties based on Article 5.27 of the Code of Administrative Offenses of the Russian Federation in the amount of 30 up to 50 thousand rubles.

Of course, every employer strives to ensure that its employees work, and therefore make a profit, constantly, which is why vacation debt for previous years is formed.

But, nevertheless, no amount of money, as well as production needs, can replace proper rest, which is provided by law for a reason, but in order to preserve the health and ability of workers.

For information about unused legal periods of exemption from work, see the following video:

What to do with unused vacations

"HR service and personnel management of the enterprise", 2008, N 1

Question: Many employees of our organization have from 2 to 4 unused annual paid vacations. Can we give them leave in parts or should we give it all at once? Is it possible to replace part of the vacation with monetary compensation if the employee does not object and has submitted a written application to this effect?

Natalya Pozdnyakova, Chelyabinsk

Answer: Based on Art. 2 of the Labor Code of the Russian Federation, the basic principles of legal regulation of labor relations and other relations directly related to them include ensuring the right of each employee to rest, including limiting working hours, providing daily rest, weekends and non-working holidays, paid annual leave.

Article 114 of the Labor Code of the Russian Federation provides for the provision of annual leave to employees while maintaining their place of work (position) and average earnings. At the same time, the minimum duration of the main paid leave has been established - 28 calendar days (Article 115 of the Labor Code of the Russian Federation). Extended basic leave (more than 28 calendar days) is provided annually in order to guarantee employees longer rest, taking into account the nature and specifics of their work activity, working conditions, health, age and other circumstances. It is important to note that on the basis of Art. 120 of the Labor Code of the Russian Federation, the maximum limit of annual basic paid leave is not limited. Therefore, the parties to the employment contract can independently establish any duration of this leave by labor (collective) contract, agreements and other local regulations.

Paid leave must be provided to the employee every year (Article 122 of the Labor Code of the Russian Federation). In exceptional cases, when the provision of leave to an employee may adversely affect the normal course of work of the organization, it is allowed to transfer the leave to the next working year, but only with the consent of the employee (Article 124 of the Labor Code of the Russian Federation). In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established in the given organization. At the same time, it is prohibited not to provide employees with annual paid leave for two years in a row. A special category of workers (under the age of 18 and employed in work with harmful and (or) dangerous working conditions) must be provided with paid leave every year (Part 4 of Article 124 of the Labor Code of the Russian Federation).

For the purpose of rational use by employees of the days of annual paid leave due to them, as well as taking into account the needs of modern practice, Art. 126, which allows for the replacement of vacation with monetary compensation, but only in part and subject to certain conditions.

Firstly, the employer can replace with monetary compensation only that part of the vacation that exceeds 28 calendar days (the minimum duration of the main paid vacation). It should be borne in mind that when summing up annual paid leave or transferring annual paid leave to the next working year, only that part of each annual paid leave that exceeds 28 calendar days, or any number of days from this part, can be replaced with monetary compensation.

This is important to know: Resolution on a vacation application

Example. For example, an employee is granted vacation for 2 working years. The total duration of vacation is 56 calendar days. In this case, it is impossible to replace part of this leave with monetary compensation, since for each working year the duration of leave does not exceed 28 calendar days.

Secondly, the employer cannot independently initiate the replacement of part of the vacation with monetary compensation. For such a replacement, the employee’s own will is required, expressed in a written statement.

Thirdly, part 3 of Art. 126 of the Labor Code of the Russian Federation directly prohibits an employer from replacing vacation with monetary compensation for pregnant women and employees under the age of 18, as well as employees engaged in heavy work and work with harmful and (or) dangerous working conditions, even with the written consent of the above categories of workers.

This provision of the law is based on the main purpose (goal) of the annual main leave, as well as the general provisions of the Labor Code of the Russian Federation regulating the rules for granting annual leave.

The provision of accumulated vacations can be done at the mutual discretion of the parties to the employment contract or an individual vacation schedule can be drawn up.

What to do with accumulated unused vacations?

The reasons why an employee does not use vacation in the next year can be different: production necessity, the desire of the employee himself.

According to the general rule established by Article 122 of the Labor Code, the employer is annually obliged to provide employees with paid leave. In exceptional cases, vacation may be postponed to the next working year, but this requires the simultaneous existence of the following conditions:

— granting leave to an employee in the current working year may adversely affect the normal course of work of the organization;

— the employee agrees to postpone the vacation (part three of Article 124 of the Labor Code of the Russian Federation).

Labor legislation prohibits failure to provide an employee with annual leave for two consecutive years.

So, if due to production needs (with the employee’s consent) the employee is not granted leave in the current working year, the employee must take the vacation within 12 months after the end of the working year.

For example, the employee’s working year is from June 1, 2013 to May 31, 2014. Due to production needs, the employee was not provided with leave this year. The employee must use vacation for this working year before May 31, 2015.

Registration of transfer of vacation to the next year

So, the employer, due to production needs, decided to postpone the employee’s vacation to the next year. The employee agrees with this decision.

Please note that labor legislation does not require the employee’s consent to reschedule leave to be formalized in writing. However, in order to avoid conflict situations, the personnel officer may ask the employee to confirm in writing his consent to postpone the vacation to the next year.

Having received such consent, the employer issues an order to transfer the employee’s vacation to the next working year. If the vacation is postponed to the next calendar year, the new vacation date will need to be reflected in the vacation schedule, which will be drawn up later, for the next calendar year.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Note that, according to Rostrud, it is possible to take into account unused vacations in the vacation schedule for the next calendar year. Or ask the employee to write an application for unused vacation in the current year.

If you have accumulated a lot of unused vacations

It is quite common for employees to accumulate vacation leave over several years. Accordingly, the employer is faced with the question: what to do with the accumulated vacation time?

Labor legislation gives the only answer to this question: in order to avoid administrative liability for violation of labor laws, employees must be provided with all accumulated unused vacation days.

Please note that the employer is obliged to provide the employee with all unused vacation days, and upon dismissal, pay compensation for all “unused” vacation days. Regardless of the period during which these vacations are accumulated, they do not expire.

Compensation for unused vacation

Many employees mistakenly believe that if they do not take vacation this year, the employer is obliged to pay them compensation for unused vacation. The personnel employee must explain to employees: compensation for unused vacations is paid only upon dismissal (Article 127 of the Labor Code of the Russian Federation). If the employment relationship between the employee and the employer does not terminate, as a general rule it is impossible to pay compensation for “non-time off” vacations.

An employer can pay compensation for unused vacation only if the employee’s vacation duration exceeds 28 calendar days. Moreover, compensation can be paid only for days exceeding standard leave.

Please note that the employer does not have the right to independently decide to replace vacation days with monetary compensation. He can do this only if the employee submits a written application for payment of monetary compensation instead of vacation days.

Example. The employee is given an irregular working day and given additional leave of three calendar days. The total duration of an employee's annual leave is 31 calendar days. At the written request of the employee, the employer may replace three days of vacation with monetary compensation.

Please note that in order to replace vacation with monetary compensation, unused annual vacations are not summed up. In other words, compensation can only be paid for those vacation days that exceed 28 calendar days of each annual vacation.

For example, the duration of an employee’s vacation is 28 calendar days. The employee has not used vacation for two years and has accumulated 56 days of vacation. In this situation, it is impossible to replace vacation with monetary compensation, since the duration of vacation for each year does not exceed 28 calendar days.

Keep in mind that for certain categories of employees, replacing vacation with monetary compensation is generally prohibited. Regardless of the duration of the main and additional leave, it cannot be replaced with compensation:

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

And employees employed in jobs with harmful or dangerous working conditions are prohibited from paying compensation in exchange for additional leave (part three of Article 126 of the Labor Code of the Russian Federation).

When an employee has not used vacation for a long time and providing a fairly long rest period is impossible from a practical point of view, many employers deal with the current situation in the following way. The employee is offered to terminate the employment contract. At the same time, he is paid compensation for all unused vacations and the next day after dismissal, the employee is rehired.

This is important to know: Additional leave for long service for military personnel

Let us note that despite the fact that in this situation there are no violations of labor legislation, to apply this method it is necessary that the employee and the employer have a trusting relationship.

Responsibility for not providing leave

Keep in mind that if long-term work without vacation is not an isolated case in the organization, but an accepted practice, the labor inspector has the right to regard the failure to provide vacation to each employee as a separate violation. Accordingly, the amount of the fine will depend on how many employees did not use their vacation in a timely manner (Resolution of the Supreme Court of the Russian Federation of August 15, 2014 No. 60-AD14-11).

Legal requirements

Article 124 of the Labor Code states: you cannot work for more than 2 years without rest. And this does not depend on the employee’s wishes - the employer must literally force him to go on vacation.

We have already written that the vacation schedule is a binding document - this applies to both the employer and the employee. These are the norms of Article 123 of the Labor Code of the Russian Federation. In other words, if you include a workaholic employee in the vacation schedule, then he will not be able to “get out” of it. But it should be remembered that 2 weeks before the start of the vacation, the employee must be notified about it - in writing, signed. You also need to calculate vacation pay and pay it. If all these conditions are met, then there will be no claims against the employer during a labor inspection.

However, in practice, everything usually happens differently - previously ungranted leave must be issued urgently.

Can a missed vacation be burned out?

The question of whether unused vacation for previous periods is forfeited appeared with the ratification of the ILO Convention in 2010. Paragraph 9 of this normative act establishes that the minimum part of the vacation lasting 14 days must be used within 1 year , and the remaining days - no later than 18 months after the close of the working year for which it is provided.

Over the past years

Due to the erroneous interpretation by some experts of Clause 9 of the ILO Convention, many began to be afraid of the possibility of “burning out” unused vacation days. But this rule does not imply the loss of the accumulated period , but only notes when the company must provide the employee with those days that were delayed.

Russian legislation establishes a different period. In accordance with Article 124 of the Labor Code, transfer of vacation is possible either within one working year or to the next. An obligation is established not to interfere with the provision of holidays for two consecutive years.

At the same time, this condition and the Labor Code in general do not indicate that if a break for restoration was not provided for two years, it must be canceled. Article 124 of the Labor Code obliges the employer to comply with the frequency of provision and sets maximum deadlines . For violating them, the company will face a fine.

Unused vacation from previous years does not expire, but continues to accumulate.

At the same time, if no vacation was taken out in the current period, next year the days are first provided from the accumulated ones, only after that the use of vacations of a different period begins.

Upon dismissal

The dismissal of an employee from the organization is also not grounds for losing unused days of vacation. Article 127 of the Labor Code provides that in the event of termination of an employment contract, a citizen is paid monetary compensation for periods of rest that he did not have time to use. It also provides for the right to take these days with subsequent dismissal.

When going on maternity leave

The onset of a break for rest due to pregnancy or child care does not serve as a basis for “burning out” the accumulated days. While waiting for the baby, the main vacation continues to accumulate, but in the case of looking after a child under 3 years of age, the length of service required to form vacations is lost (Article 121 of the Labor Code).

Women are given the opportunity to use all remaining days of rest before taking a pregnancy break, or immediately after it (Article 122 of the Labor Code).

Will holidays for previous periods be cancelled?

In some cases, it is to the employer’s advantage that a valuable employee does not rest at all.

But for two years in a row this is impossible. If people work in hazardous industries or are under 18 years of age, then they must be able to be at home for a certain time every 12 months. These provisions are enshrined in Art. 124 Labor Code of the Russian Federation.

To understand whether unused vacation is lost, you need to take a closer look at Articles 124, 122, and 114 of the Labor Code of the Russian Federation. It says that if a worker has unused vacation for previous periods, then the right to put him to work is retained and cannot be considered missing .

Law No. 139-FZ dated July 1, 2010 ratified ILO Convention No. 132. Art. Article 9 of the Convention states that part of the annual rest, at least 2 weeks, must be taken off during the working year, the remaining time must be taken off for 18 months. There were specialists who, based on this, came to the conclusion that after 18 months the remaining days disappear. Other experts believe that unused vacation, as mentioned in Art. 9 It is clearly stated in Art. 3 of the Convention that a person has the right to a minimum prescribed period of rest each year. Therefore, due to the existing Convention in force, there is no need to worry that vacation not taken will be lost.

Rostrud specialists were asked whether unused vacation could be burned out and they answered that no. They also asked: is there a way out of the situation if the employer constantly refuses annual leave, citing the fact that there is no one to work and whether the leave for the previous years expires. The employee has the right to take all accumulated rest days from the employer for all periods of service with him. Employees took their days off for previous periods as part of the schedule for the next 12 months, or a special agreement was drawn up with the employer, which indicated exactly how the missing days could be used.

Why you shouldn't miss your vacation

The main burden for failure to comply with the procedure for providing time for recuperation falls on the company. If an employee misses a vacation or does not take it on time, the employer may be held liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Therefore, the responsible employee of the organization needs to monitor the used periods of full-time employees.

The employee should be afraid that the company will be declared bankrupt and will experience severe financial problems, due to which he will have to seek leave or compensation upon dismissal through the court and the Labor Inspectorate. The administration may also force you to book missed periods on weekends, thereby depriving you of additional rest .

Is it possible to postpone my vacation to next year?

The employee is granted leave on the dates specified in the vacation schedule, which is approved by the employer (Article 123 of the Labor Code). In general, the company's administration is guided in its preparation only by the conditions of production necessity, but in some situations it is obliged to take into account the wishes of the worker.

Due to the fact that the rest schedule is drawn up in December of the current year for the next year, it is impossible to plan in advance for the occurrence of unplanned circumstances for an employee or the occurrence of emergency problems at work. Therefore, the state enshrined in Article 124 of the Labor Code the possibility of transferring holidays to another period.

If the situation refers to one of the following, then the employer must agree on new weekend dates with the vacationer:

  • Illness of an employee during the period of planned rest.
  • Performing government duties at this time.
  • Untimely paid vacation pay or late notification of the start of vacation.

If an employee needs to change the vacation time for personal reasons, this is possible if he receives the employer’s consent.

The state allows a company in rare situations to postpone the period of annual paid leave when production conditions do not make it possible to carry out what was planned in the schedule.

In this situation, the company administration must obtain the worker’s consent and also provide him with the right to rest for the next working year (but no later than 1 year from the end of the current one). Persons under 18 years of age and those employed in hazardous work cannot but be granted leave during the working year.

“Ideal” vacation scheme

If you strictly follow the letter of the law, then you cannot “accumulate” vacation for more than two years.
This is directly stated in Article 124 of the Labor Code. Therefore, even if the employee does not want to rest, the employer is obliged to issue compulsory leave. To do this, it is enough to include the employee in the vacation schedule, which, according to Article 123 of the Labor Code of the Russian Federation, is mandatory not only for the employer, but also for the employee himself. Next, you need to notify the person against signature of the start of the vacation no later than two weeks before the start, and also accrue and pay vacation pay. These actions will mean that the employer has complied with the requirements of the law, regardless of the employee’s intentions.

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However, in real life, many companies and entrepreneurs do not act this way. As a result, among the workers there are those who have not rested for three, four or more years. To rectify the situation, HR officers and accountants have to urgently apply for leave for past periods.

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