Whether vacation is carried over to the next year. Vacation transfer. Is it possible to compensate if it was not possible to take a walk

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 to 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 of the trade union committee, and is accepted for execution on the condition that the fixed periods of rest for all employees must be observed by both parties, that is, both 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.

Thus, in particular, in addition to annual leave law 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 to be 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 about harmful effects some 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 in 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 of the 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 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 have suddenly arisen, 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 scheduled inspection 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 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 upon completion work shift, and an unplanned day off for the employee, which, in principle, leads to a joint 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 transfer 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 filing 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 the 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.

Considering 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 decides the issue of postponing the main vacation in a positive way. 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:

After considering the issue, we came to the following conclusion:

The next paid leave of 28 days, not used by the employee in the relevant working year, cannot be replaced by monetary compensation and must be provided to the employee no later than 12 months after the end of the specified year.

Rationale for the conclusion:

In accordance with part one of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. Note that vacation is provided not for a calendar year, but for a working year (Article 122, part three of the Labor Code of the Russian Federation).

The working year is 12 months, included in the length of service, giving the right to annual paid leave (Labor Code of the Russian Federation). At the same time, the working year is calculated not from January 1, but from the day the employee enters work for a specific employer (clause 1 of the Rules on Regular and Additional Leaves approved by the USSR Tax Code of April 30, 1930, Rostrud of December 8, 2008 N 2742-6-1 ).

Vacation can be granted at any time of the working year (part four of the Labor Code of the Russian Federation).

Unused leave is carried over to the next year and must be used no later than 12 months after the end of the working year for which it is granted (part three of the Labor Code of the Russian Federation). It is prohibited not to provide annual paid leave for two consecutive years (part four of the Labor Code of the Russian Federation).

Monetary compensation at the written request of the employee may be replaced by a part of each annual leave exceeding 28 calendar days, or any number of days from this part. This rule also applies to cases where annual paid holidays are summed up or unused annual paid holidays are transferred to the next working year (Labor Code of the Russian Federation). The specified rule on the replacement of vacation with monetary compensation can only be applied to those categories of employees for whom the main paid leave is provided for more than 28 calendar days or who are entitled to additional paid leave (Labor Code of the Russian Federation). If the duration of the vacation is 28 calendar days, its replacement (in whole or in part) with monetary compensation is not allowed.

Thus, if the employee did not use his right to a vacation of 28 days in the current working year, the specified vacation cannot be replaced by monetary compensation, but must be provided to the employee and used by him no later than 12 months after the end of the working year for which he is granted .

The only exception when, with the duration of annual leave equal to 28 calendar days, monetary compensation can be paid for it, is the case of dismissal of the employee. Then all unused vacations are compensated (part one of the Labor Code of the Russian Federation).

Because in the situation under consideration labor Relations with the employee continue, the replacement of vacation not used in the previous working year with monetary compensation is not allowed (with the duration of the vacation - 28 calendar days).

The issuance of monetary compensation to such employees instead of providing 28 days of vacation is a violation of labor legislation, for which the employer may be held administratively liable under the Code of Administrative Offenses of the Russian Federation.

Prepared answer:

Legal Consulting Service Expert GARANT

Naumchik Ivan

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Barseghyan Artem

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

In almost any organization, a situation may arise when you have to postpone an employee's vacation. It is possible both at the initiative of the employee (he has the right to apply with a corresponding written request to the employer), and at the initiative of the employer (for example, when the provision of leave at the scheduled time may adversely affect the progress of work in the company). However, not all employers arrange such a transfer of an employee's vacation. Or they take a statement from the employee and do not make adjustments to any documents. Today we will tell you for what reasons you can postpone an employee’s vacation, and we will describe the procedure for the employer.

Grounds for postponing vacation

According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings. At the same time, the duration of the annual basic paid leave cannot be less than 28 calendar days.

In addition to the basic paid leave, employees are entitled to various additional holidays for the nature of work, working conditions or for other reasons (for harmful working conditions, irregular working hours, etc.). The duration of the annual basic and additional paid holidays of employees is calculated in calendar days and is not limited maximum limit(Article 120 of the Labor Code of the Russian Federation).

In accordance with Art. 122 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. At the same time, leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by this employer. By virtue of Art. 123 of the Labor Code of the Russian Federation, such a priority is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization not later than two weeks before the beginning of the calendar year.

Note.The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation. If the employer has not fulfilled this obligation and has not warned in a timely manner about the start time of the vacation, at the written request of the employee, he is obliged to postpone the annual paid vacation for another period agreed with the employee (part 2 of article 124 of the Labor Code of the Russian Federation).

Similarly, the employer must act in the event that the employee was not paid the annual leave in a timely manner. We recall that, by virtue of Art. 136 of the Labor Code of the Russian Federation, vacation is paid no later than three days before it starts.

Pay attention to one nuance: the vacation is postponed only if the employee receives a corresponding written application, that is, you do not need to contact the employee yourself with information about the postponement of the vacation for the reasons mentioned.

But if during the vacation the employee fell ill (and he has a certificate of temporary disability), he performed state duties if for this labor law exemption from work is provided (public duties include, in particular, participation in court session as a juror, witness, expert, translator, referral to military training, summons for interrogation to bodies of inquiry or investigation, to the prosecutor's office as a witness, victim, their legal representative or witness), leave is automatically extended. To transfer the remaining days of vacation to another period, the employee must receive a corresponding application (part 1 of article 124 of the Labor Code of the Russian Federation).

Here is an example of such a statement from an employee.

Director of LLC "Flowers"

P. O. Gorshkov

Statement.

I was granted annual paid leave from February 10 to February 28, 2014, however, for 4 (four) days of this vacation (from February 18 to February 21, 2014) I was sick, which is confirmed by a certificate of temporary disability issued by the City Polyclinic N 37.

In view of the foregoing, pursuant to par. 2 hours 1 tbsp. 124 of the Labor Code of the Russian Federation, I ask you to transfer 4 (four) days of vacation to another period, namely from June 16 to June 19, 2014.

Application: certificate of temporary disability dated 18.02.2014.

03/03/2014, Sharkov

It will also be necessary to postpone the vacation when appropriate grounds are established for this in local or other regulatory acts. So, if the internal labor regulations provide for the illness of a family member as a basis for extending or postponing the annual paid leave, the employer, when the employee submits a disability certificate to care for, for example, a child, must postpone or extend his leave (Letter of Rostrud dated 06/01/2012 N PG /4629-6-1).

Note!In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization or individual entrepreneur, with the consent of the employee, the transfer of vacation to the next working year is allowed. In this case, leave must be used no later than 12 months after the end of the working year for which it is granted.

In any case, failure to grant annual paid leave for two consecutive years is prohibited.

As mentioned in the preamble, the grounds for postponing the vacation may arise not only from the employer: the employee may ask for this in the application (for example, for family reasons).

Director of LLC "Flowers"

P. O. Gorshkov

From correspondent L. N. Sharkov

Statement.

In accordance with the vacation schedule for 2014, annual paid leave must be granted to me from March 17 for 28 calendar days.

Based on par. 4 hours 1 tbsp. 124 of the Labor Code of the Russian Federation, I ask you to change the start date of the vacation and provide it from April 28 for 28 calendar days.

03/03/2014, Sharkov

We draw up documents for the transfer of vacation

So, as soon as one of the circumstances mentioned above appears, documented (an employee’s statement about the postponement of vacation, a certificate of incapacity for work, a notification from the employer about the postponement of vacation, certificates, etc.), an order is issued in free form. Let's take an example.

Limited Liability Company "Flowers"

G. Saransk

March 6, 2014

Order

on the postponement of annual paid leave

Due to the fact that during the annual paid leave (from February 10, 2014 to February 28, 2014), correspondent Leonid Nikolayevich Sharkov was temporarily disabled for four calendar days (from February 18, 2014 to February 21, 2014) (temporary disability certificate dated February 18, 2014). 2014, series BB N 12345678), guided by Article 124 of the Labor Code and based on the application of L. N. Sharkov dated 03.03.2014

I order:

1. Postpone four calendar days of L. N. Sharkov's vacation for the period from June 16 to June 19, 2014.

2. Accountants to recalculate vacation pay.

3. The head of the personnel department to make changes to the vacation schedule.

Director

Gorshkov

P. O. Gorshkov

Acquainted with the order:

Sharkov, 03/06/2014

If an order has already been issued to grant the employee leave, it must be canceled.

The order to postpone the vacation must be registered in the manner prescribed by the employer, for example, in the register of orders (orders).

It is necessary to familiarize the employee with the order to postpone the vacation against signature, and if he refuses, draw up an appropriate act. Additionally, on the order itself, you can make an inscription about the refusal to familiarize yourself with the order. Of course, drawing up an act and an inscription on the order are not provided for by law in such cases, but we still recommend doing this to confirm the refusal in the event of a dispute (for example, about the date of postponement of the vacation).

Now you need to make changes to the vacation schedule, time sheet and, possibly, to a personal card. The last document is amended if the record of granting annual leave has already been made in it and the dates of the leave are changed due to the postponement. To correct the vacation record, in sec. VIII "Vacation" after the record of the vacation that is postponed, you should indicate how many vacation days are used, as well as that the rest of the vacation is transferred. As a basis for making such an entry, it is necessary to reflect the details of the order to postpone the vacation.

Regarding changes to the vacation schedule (unified form T-7), let's say the following. Some personnel officers issue a separate order to amend the vacation schedule, but we believe that this is not necessary. Especially for fixing the postponement of the vacation, the schedule provides columns 8 “Basis (document)” and 9 “Date of the proposed vacation”: they indicate the details of the order to postpone the vacation and the new rest period agreed with the employee.

Column 10 "Note" of the vacation schedule can also be filled in by a personnel worker when postponing a vacation. For example, you can enter the reasons for the transfer of the employee’s vacation into it (for example, “The vacation was postponed due to the delay in paying vacation pay”). However, since the vacation schedule is almost always checked by the GIT inspectors when carrying out control and supervisory activities, personnel officers independently determine whether to fill out column 10 or not.

Summarize

In conclusion, let us briefly talk about the sequence of actions of a personnel worker when registering the transfer of leave to an employee. So, if there are reasons for the postponement of vacation both on the part of the employer (late payment of vacation, failure to notify the employee about the vacation at least two weeks in advance, etc.), and on the part of the employee (temporary disability, family circumstances, etc.) and their documentary confirmation an order to postpone the vacation is issued. Based on such an order, the vacation schedule, personal card and time sheet are adjusted.

In many companies and offices, colleagues discuss the distribution of vacations among themselves. Those who have not yet gone on vacation are sometimes sent to rest almost by force. But if you are uncomfortable or unable to use vacation days this year, can you just leave them for next year?

Can I use the remaining vacation days next year?

No, according to the law, vacation must be used before the end of the year, otherwise you will lose your rest days. The transfer of vacation days to the next year is possible if you cannot take vacation this year for a good personal reason or for operational reasons.

However, in labor and collective agreements, as well as in the contracts of enterprises, more favorable rules for the transfer of vacation are often provided.

Until when can I use the remaining vacation days?

If under the contract you have the right to transfer the remaining vacation pay to the next year, you must use it before March 31 of the next year, otherwise you will lose these days. An exception is a protracted illness of an employee: he can take a vacation after recovery and return to work in the current calendar year.

Do I need to apply for a vacation transfer to the next year?

If such an opportunity is provided for by any work contract, this happens automatically. However, it is recommended to take a written confirmation from the boss that the vacation has been postponed, this will help in case of a dispute.

Should the remaining vacation be used at one time?

According to the law, leave is used so that the employee can properly rest. This condition is not met if he takes vacations often, but only for a few days. Therefore, if the employee has 5-6 days of vacation left, the employer may require that he use them at a time.

Can I get paid for unused vacation days?

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No you can't get monetary compensation per unused vacation prescribed by law. This is spelled out in federal law on granting holidays (Bundesurlaubsgesetz). An exception is possible in case of dismissal.

What happens to the remaining vacation upon dismissal?

If the employee is unable to take advantage of the leave due to dismissal, he has the right to receive financial compensation. It does not matter what exactly caused the termination of the employment relationship.

So, if an employee was fired before June 30, he is entitled to one twelfth of the annual leave for each month worked. After June 30, he has the right to compensation for all vacation days, provided that he came to work no later than January 1 of the current year.

How is the use of the remaining leave in case of a long illness regulated?

If an employee is unable to use the leave due to illness, he does not lose the holiday pay due to the end of the year. In the event of an employee's incapacity for work, his right to leave is extended for 15 months from the end of the current year, but no more.

How is the use of the remaining vacation pay during the trial period regulated?

If you are unable to use your holiday due to probationary period, you can do this by December 31 of the following year, provided that you worked for the employer for no more than six months before December 31.

Is the remaining vacation lost if the employee goes on parental leave?

If an employee goes on parental leave without having used all the remaining vacation days, he will be able to use them after returning to work. If during the period of parental leave or at the end of it, the employee leaves, he must be paid monetary compensation for unused vacation days.

Unused vacation: the nuances of transferring to the next year, receiving compensation updated: April 18, 2019 by: Victoria Holodenina

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