Transferring vacation to next year: according to the Labor Code, how to apply

Legislative norms

The conditions for granting, the nuances of registering leave for a hired employee are consistent with the provisions of Chapter. 19 TK. Before talking about the possibility of transferring vacation days to a new period, it is necessary to understand what the permissible duration of the transferred vacation is.

The main provision of the law obliges the administration to annually allow employees to take a 28-day vacation while maintaining their jobs and pay. In certain situations, additional days of vacation are mandatory with retention of wages:

The employee is involved in hazardous production.
The types of work performed take place in life- and health-threatening circumstances.
Using irregular operating modes.
Work in the Far North and other special territories.

Additional days can also be received by pregnant employees (based on Article 255 of the Labor Code), the need to care for a minor dependent (Article 256 of the Labor Code), and full-time students (Article 173).

Documentary grounds

The transfer of vacation to 2021 must be agreed upon with the following documents:

Labor Code of the Russian Federation;
collective agreement;
individual labor agreement;
internal regulations of the company.

If the enterprise has a trade union, all actions related to the provision or transfer of days of rest are also consistent with it. A decision on vacation can only be made in agreement with the employee himself. The law allows partial use of paid days , provided that one of the parts is 14 days or more.

Information on the procedure for using non-vacation days in the next period is provided in Art. 124 Labor Code of the Russian Federation.

Is transfer possible by law?

Within the framework of the provisions of Article 124, the law allows for the transfer of required vacation days subject to the following circumstances:

Mutual consent of the administration and employee.
There must be compelling reasons consistent with the law.
Job responsibilities allow for the possibility of working without rest for a year (harmful or dangerous production, minor age of the employee).

Labor law prohibits the administration from refusing time off if the employee does not agree with the management’s opinion on this issue. It is also unacceptable to have no vacation for two years in a row. Violation of these standards threatens a serious fine for the company.

In what case can a vacation be transferred to the next year?

Transfer of vacation is possible in the cases listed in Article 124 of the Labor Code of the Russian Federation. These include:

untimely paid vacation pay;
informing the employee about vacation dates less than two weeks before it starts;
period of illness during vacation;
performance by an employee of public duties during vacation.

“In these cases, the employee has the right to demand that the vacation be postponed,” labor law expert, member of the Chamber of Tax Consultants of the Russian Federation Valentina Yakovleva AiF.ru. An employee can also postpone his vacation (including to another year) if he has been recalled from vacation.

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At the initiative of the employee

Sometimes the employee himself decides not to leave for an extended period, intending to subsequently use the accumulated days at his own discretion. It is important to correctly register the change in vacation time in order to retain the right to vacation next year.

Good reasons for postponing the vacation period include:

The coincidence of rest time with a period of illness or serious injury is confirmed by a sick leave.
Lack of due payment for the next vacation no later than 3 days before leaving (Article 136).
the employee did not receive a notification from the administration 2 weeks before the start of the vacation;
Fulfillment of duties to the state related to military registration, military training, testifying to law enforcement agencies, participation in court, including jury service.
other situations established by the laws of the Russian Federation.

Drawing up an application

The main document that initiates the process of applying for leave or transferring it is an application from the employee.
In order to preserve accumulated paid days, a statement is written asking to take into account unused paid rest days in the next period.

The application is drawn up according to the sample, taking into account certain requirements for the execution of the document. Required document details include:

The document is addressed to the competent official indicating his position, surname, and initials.
It is necessary to indicate who the document comes from - last name, initials, position of the employee.
The text of the application itself contains a request for a transfer with an exact indication from what period to what days.
To confirm the validity of the transfer, indicate the reason and provide a link to a document that can confirm this fact.
Signature and date of application are placed at the bottom.

Enclosed with the application are copies of documents confirming the grounds for transfer.

If the interests of the enterprise are not harmed, the administration decides to satisfy the employee’s request. If rescheduling would significantly disrupt the production process or otherwise result in losses, the request will be denied.

Transfer of vacation at the request of the employee and employer

The appointment of a new date is permissible at the request of the worker if he has a certificate of incapacity for work on the date appointed in advance . This reason is allowed by paragraph 2 of part 1 of Article 124 of the Labor Code of the Russian Federation.

The second case when a working holiday can be extended or postponed to a new date is when the vacationer performs duties in relation to the state, for which he is granted exemption from his position for the necessary time. Sometimes a shift in leave may be regulated by a contract concluded upon taking up a position.

An organization can draw up an application for setting a new date for vacation time due to its unlawful actions . The shift can be made due to a long transfer of funds, which must be credited to the employee’s account no later than three days before his departure, as stated in Article 136 of the Labor Code of the Russian Federation.

Also, the basis for the transfer may be untimely notification of the employee about the vacation. According to the Labor Code, he must be warned about this 14 days before going on vacation, which is provided for in Part 2 of Article 124 of the Labor Code of the Russian Federation.

In exceptional cases , it is allowed to postpone an employee’s vacation if, without his absence, the labor process would be completely stopped.

For more information on how to draw up a sample application for transferring vacation to another date for various circumstances, read the article at the link.

At the initiative of the employer

The administration may also initiate a postponement, subject to the following circumstances:

paid vacation is postponed no later than a year;
the procedure must be agreed upon with the employee;
production necessity requires the presence of a person for a certain period of time, even if it falls on vacation days.

In order to arrange a transfer to a later period, the administration is obliged to notify the person in advance and obtain his consent.

Notification occurs in writing, indicating the reasons why going on vacation is not possible at the previously agreed time according to the schedule.

The matching algorithm looks like this:

Notifying the employee in writing.
Coordination.
Issuance of the corresponding internal order.
Changing information in the documentation for recording working hours.

After the administration postpones the employee’s vacation period, next year the person has the right to choose the vacation period at his own discretion, without the need to take into account the priority in the general schedule .

Types of vacations and rules for transferring them

The Labor Code of the Russian Federation contains the concepts of the following types of leave:

Annual (also known as basic) paid. The dates of such vacations are included in the schedule, but the transfer of these dates is legally permitted.
Annual additional paid.

The same article 124 directly indicates the possibility of postponing the “annual

paid leave." In this case, the key word is “paid.” Therefore, any type of this leave can be rescheduled.

Using the example of study leave, we can consider the following situation: an employee combines study with work and knows exactly about the start time of the session. But for now he cannot know about the timing of pre-exam preparation and the timing of the exams themselves, which may also be postponed.

The employee reserves an approximate time slot and, if it changes, has the right to transfer vacation.

Vacation at your own expense (without saving salary)

This type of leave does not appear in any document of the enterprise, since it does not provide for any financial actions (except for withholding the applicant’s salary).

In the case of an application for such leave that has already been written, this application is deleted from the register of documents. In the case of a signed order for this leave, an order to cancel the order is issued (the form is arbitrary) and the leave can be postponed.

Maternity and maternity leave

Maternity leave, like other types of leave, can be granted only on the basis of a written application (Article 255 of the Labor Code of the Russian Federation). Based on this, the vacation may be postponed.

Example:

The woman wants to work 1-2 weeks before the end of the year, since the amount of bonus payments depends on her being at work. She has the right to reschedule this type of leave.

Holiday to care for the child

Article 256 of the Labor Code of the Russian Federation contains standards for the provision of maternity leave. The timing of its onset is not always known in advance (medical and other indicators may interfere), as a result of which this vacation may also be postponed.

The same article contains the right to receive it for men.

Example:

After the birth of his wife, the husband asks (if the law interprets the circumstances in his favor) for maternity leave, but does not know when it may be needed. He also has the right to either receive or reschedule such leave by notifying his superiors.

Compensation instead of vacation?

In some cases, vacation not taken can be compensated with money, however, this procedure is limited by legal norms.
A person is not entitled to receive compensation if the unused period does not exceed 28 days. This rule is based on a clear statement of the law - every employee has the right to paid leave every year and can exercise this right based on the provisions of the Labor Code.

In the following situations, compensation is still possible if it concerns:

parts of additional leave exceeding 28 days;
days accumulated since the previous year.

Thus, during the period of work, receiving money instead of the usual regular vacation is prohibited by law. The exception is cases of dismissal, when transferring the vacation to a new period is no longer possible.

Unused vacation upon dismissal

Despite the law obliging employees to go on paid leave, situations may arise where, at the time of dismissal, an employee has accumulated unused rights to subsequent vacations over several years.

Only in case of dismissal, the employee has the right to receive monetary compensation for the entire unused period. While the employee is on the payroll, such compensation for refusal to take leave for several years is not subject to payment.

If the employee continues to work, the unused portion can only be added to the new accumulated rest period in the following year.

If, upon dismissal, an employee is faced with a refusal to pay for the entire vacation period, the quitter must contact the labor inspectorate. In response to his request, an inspection will be scheduled. If it is discovered that a person has not taken vacation for a long period, the company will be held administratively liable with a fine of 50 thousand rubles and full repayment of the missed vacation with monetary compensation.

Documentation of the procedure

Before transferring your vacation to the next year, you must draw up a competent application.

It is written in the name of the organization and the leader . Also, the surname and initials of the employee addressing the management are indicated first.
In the next paragraph, you write the word “ Statement ” in the center with a capital letter.
After this, the reason for assigning a new date . It is important to know that indicating one reason is not enough; you must attach a document confirming the possibility of transfer.
At the end, the applicant’s signature , his personal details and the date of writing the application are placed.

The director must put his resolution confirming permission to postpone the vacation. In the resolution, management must indicate its characteristics, this is what should be done and in relation to whom. In addition, the scope of the task must be indicated, the director’s signature and the date on which the resolution was drawn up must be indicated.

Attention ! If the employee simply extends his vacation, additional documents are not necessary .

In cases where the transfer is associated with a management error , they independently prepare all the documents. The employer must draw up an order indicating the reason for postponing the vacation and the new date. And the employee is obliged to read it and give consent.

The contents of the order to transfer leave and examples of how to fill it out can be found here.

Read materials about postponing leave due to sick leave and at the request of the employee.

Order to postpone vacation

To apply for a transfer of leave, a corresponding application must be received from an employee of the organization or compelling circumstances must arise at the enterprise that preclude the departure of any employee during a certain period. In each case, a corresponding order is issued.

The document must contain the following information:

Name of company.
Information about the head of the enterprise.
Title of the document.
Grounds and reasons for postponing vacations.
Responsibility for rescheduling vacations.
The person who must create an updated vacation schedule if this is not done by the employer.
Signatures for familiarization with the document of all participants in the order.
Date of compilation and signature of the manager.

The law establishes that the employer has no obligation to draw up such an order, however, drawing up such a document may be convenient for the further conduct of business at the enterprise. This way you can avoid confusion and loss of necessary documents, as well as protect both parties from illegal actions.

Grounds for postponing the main leave

Depending on the circumstances, either the employee or management may need to change the schedule. In most companies it is agreed upon a year in advance. There is no strict prohibition in the legislation on adjusting this document, so often this is just a formal form that is required by regulatory authorities.

There are often cases when an employee notifies the employer of going on vacation two weeks in advance. Note that with this approach, both parties are more mobile, but must quickly respond to changes. As a rule, this approach is used in enterprises with a large interchangeable staff.

At the initiative of the employee

Employees go on vacation according to a predetermined schedule, but have the right to shift the dates at will and with the consent of management. The grounds for adjustment can be of two types:

Objective – events in life that require a person’s presence in a certain place.
Subjective – family circumstances that allow continued work, but changing vacation dates is preferable.

The first type of grounds is presented in Article 124 of the Labor Code of the Russian Federation, and can also be supplemented in the internal acts of the company. The reasons for postponing vacation at the employee’s initiative may or may not be justified. The supervisor must approve the transfer in the following cases:

documented medical indications (injury, illness);
performing government duties during the vacation period that exempt you from service;
non-compliance with the rules by the employer - untimely notification of leave, non-payment.

Advice! If the reason is not so compelling that it is presented in the regulations, it is necessary to negotiate with management. Here, the relationships that have developed between superiors and subordinates, as well as production workload in a specific period of time, will play a big role.

There are also categories of citizens who cannot be refused to reschedule their vacation. These include:

part-time workers - their rest periods at all places must coincide;
wives of military personnel - go on vacation at the same time as their spouse, and it is his dates that determine it;
pregnancy of a woman who wants to combine her next vacation with maternity leave;
employees who adopted a baby under three months;
men who have had a child.

In most companies, management asks for a year's notice about the planned rest period. Transferring leave at the request of an employee is a common procedure in the corporate world.

At the initiative of the employer

Management may also need to make adjustments to employees' rest schedules. Grounds for postponing vacation at the initiative of the employer:

The need to send an employee on a business trip where no one is able to replace him.
Carrying out an audit in the company, and without an employee it is impossible to get full access to the information.
Production necessity caused by illness or layoff of other workers.

Management can reschedule vacations only with the written consent of the employee, and no more than twice in twenty-four months. Categories of citizens for whom the transfer is unacceptable include minor employees and persons employed in harmful and difficult conditions. Transferring leave due to production needs does not require proof; this need is determined subjectively by the employer.