Application for transferring vacation to next year sample

Vacation in parts

Annual rest is guaranteed to all employees, regardless of the type and legal form of the company where they work.
This norm is enshrined in the provisions of Art. 114 Labor Code of the Russian Federation. Also see “Procedure for granting annual paid leave”. The sequence in which the company's personnel will be absent from work is, in practice, fixed by a special vacation schedule. According to the rules, it is drawn up 14 days before the new calendar year and approved on behalf of the manager. From this moment on, the schedule becomes mandatory for the organization’s personnel.

It is clear that it is impossible to flawlessly plan the future vacation of all company employees. Thus, in large organizations there is a constant rotation of personnel, and in small firms the illness or dismissal of one of the employees can jeopardize compliance with the schedule as a whole. Also see "Vacation Schedule".

To ensure that the guaranteed vacation does not disappear and continues for the time established by law for workers in this category, it is permissible to postpone the vacation. The reasons for changing the start date of the holiday may be:

• by necessity;
• illness or injury confirmed by a certificate of incapacity for work;
• performance of government duties;
• late payment of vacation;
• notification to the employee of the start of the vacation later than two weeks or lack of appropriate notification;
• other cases provided for by Russian legislation.

A special document will help notify the employer of a change in the start date of the vacation - an application to transfer the vacation to the next year. Every employee who does not have the opportunity to go on vacation during the planned period of time is required to write it.

It is possible to reschedule vacation to another time, but not for all employees. The initiator of the transfer can be the employer or the employee himself.

We will tell you what changes have occurred in the Labor Code of the Russian Federation, when and to whom leave can be transferred, and we will also determine what documentation to confirm the transfer and how to formalize it correctly.

Is it possible to legally transfer my vacation to next year? Find out from the information below.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

Hide content

The Labor Code provides for the transfer of vacation to the next year in situations where it is really required and does not contradict the provisions adopted by the government.

According to current laws and Article 124 of the Labor Code of the Russian Federation, the following factors may contribute to this:

• untimely notification of leave for vacation;
• late payment for compulsory leave;
• fulfillment of public debt;
• the need to be at work in order to avoid disruption and termination of the labor process;
• summons for interrogation, military registration or participation in court hearings.

Labor Code of the Russian Federation, Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to another period determined by the employer taking into account the wishes of the employee in the following cases:

• temporary disability of the employee;
• the employee performs state duties during his annual paid leave, if the labor legislation provides for exemption from work for this purpose;
• in other cases provided for by labor legislation and local regulations.

If the employee was not paid in a timely manner for the period of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon the written application of the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. 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.

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

The employment contract may provide for other cases of mandatory transfer or extension of the vacation period. Also, in the above cases, you can transfer vacation to the next year, which was not previously used.

To do this, simply fill out an application addressed to the employer and attach the relevant documents confirming the possibility of transferring.

But the transfer of leave at the request of the worker may not always be approved by management. Therefore, you should know the possible reasons for refusal to transfer your vacation to another date.

Attention! Monetary compensation for a shift in the time of rest required by law is only due if it can replace part of the days off when the total length of compulsory leave is more than 28 days.

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 to set 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.

note

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.

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 setting a new date is indicated. 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 information 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, there is no need to complete additional documents in this case.

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.

We suggest you read: Compensation for additional vacation days upon dismissal

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

Let's find out if they can postpone their vacation to next year several times. According to current legislation, the governing body does not have the right not to provide an employee with compulsory paid leave for 24 consecutive months.

At the same time, it is also prohibited to postpone it to a new date or replace the vacation with monetary compensation if the employee has already agreed to this procedure over the past two years.

A new date for vacation time cannot be granted to those employed in the production or processing of hazardous substances, as well as to persons who have not yet reached the age of majority.

Read also:  The difference between a fixed-term employment contract and an employment contract - how to choose the right type and not violate current legislation

Attention! Pregnant women can ask for compulsory leave before going on maternity leave or postpone it until after maternity leave.

From everything it follows that the transfer of vacation to the next year can only be done taking into account the articles of the Labor Code and with the consent of the employee. In other cases, the transfer will be contrary to the law.

If you find an error, please highlight a piece of text and press Ctrl Enter.

Every year, an employee has the right to take another paid vacation.

The procedure for granting leave is strictly regulated by labor legislation, and the employer is obliged to strictly comply with the law regarding planning, coordination of priority, and scheduling.

Sometimes circumstances arise that prevent the use of the right to leave, both on the part of the enterprise administration and on the initiative of the employee.

The Labor Code of the Russian Federation contains provisions describing the grounds and procedure for approving the transfer. Accounting for unused days in accordance with the law will avoid problems with supervisory services and preserve the right to rest earned during the previous period.

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.

https://youtu.be/Hx3kz6xQPW8

Is it possible to transfer at the initiative of the employer?

Article 124 of the Labor Code of the Russian Federation contains an important rule for employers: failure to provide leave for more than two years in a row is prohibited. If an employee rests less frequently, this will be a violation of labor laws for the employer. If the labor inspectorate finds out about this, liability will follow in the form of a fine.

Thus, in order to protect itself from violations, the employer needs to ensure that employees take rest at least once every 2 years.

As for the employee, he does not incur any losses from the transfer of vacation to subsequent years. The annual vacation does not expire and is not lost.

If it is not used in the current year, it will be used in the next or subsequent year. And if during the entire period of work the employee does not take the allotted vacation time, then he will be able to receive monetary compensation for unused days.

Can an employer initiate the transfer of annual leave? Management may offer the employee to postpone his vacation to another period or to the next year, but this procedure can only be formalized in one case - if the employee has given his consent.

A proposal (notification) to postpone vacation days for an employee is drawn up in writing. The employee’s consent (or refusal) must also be obtained in writing - either a mark is placed on the notification form, or the employee writes a statement of consent.

If written consent to postpone the vacation is not received, then the employer, on his own initiative, unilaterally does not have the right to postpone the vacation time.

If the worker agrees, an order is issued indicating new terms for the provision of rest. Changes are being made to the vacation schedule.

The reason for the transfer at the initiative of the employer is usually production necessity, which may conceal the need to be present at work due to:

• absence of a partner (fell ill, took leave at his own expense);
• heavy workload due to seasonality, large influx of buyers and clients;
• introduction of new equipment, production lines, etc.

The list of reasons is unlimited, but regardless of why the employer needed to reschedule the employee’s vacation, before doing this, you need to make sure the employee’s consent.

Additional paid time off

Certain categories of workers have the right to additional days of paid leave (teachers, doctors, civil servants, disabled people working in harmful and dangerous conditions, with irregular hours, and other categories). Days are paid according to the same rules as the main part of the annual vacation.

However, additional leave differs from the main leave in that the first can be replaced with monetary compensation, and the second must be taken off. Compensation for the main part can only be received upon dismissal.

Is it possible to transfer additional vacation days? The answer to this question depends on what the additional days are provided for, what conditions are stipulated in the employment contract with the employee, and the internal local acts of the organization.

In general, the Labor Code of the Russian Federation does not contain a direct prohibition on the transfer of additional days of paid leave.

The duration of annual leave is always specified in the employment contract; if additional days are provided, this is also stipulated in the terms of the agreement. Employers often add whether these days can be transferred to the next year or not.

In fact, the prohibition on carryover in an employment contract is not correct. The Labor Code of the Russian Federation does not prohibit transfers. If the employee did not use additional vacation days, then they cannot be burned out; it is logical that the employee can either receive compensation for them, or take them off later - next year. If an employee wants to transfer additional vacation days, then he has every right to do so; to do this, it is enough to write an application.

Local acts also cannot establish a ban on transfers, since this will worsen the situation of workers in comparison with the conditions prescribed in the Labor Code of the Russian Federation, which is not allowed.

Useful video

Does unused vacation expire, or can it be transferred to the next year - see the answer in the video:

Right to portability

Hide content

Changing the vacation schedule is allowed at the initiative of the employer, if there are sufficient grounds for this, or at the initiative of the employee, if he is sick or some circumstances have arisen that do not allow him to carry out work activities during a given period of time. Moreover, if the reason for postponing the vacation is not valid or does not correspond to the interests of the organization, then the employer has the right to refuse to postpone the employee’s vacation.

Features of transferring vacations are regulated by Art. 124 of the Labor Code of the Russian Federation, which determines the reasons and grounds for changing the vacation schedule of employees, and also establishes categories of employees who cannot postpone vacations at all. A prerequisite for rescheduling the vacation schedule for employees is the existence of agreement between the employee and the employer on changing the vacation time.

It is noted that changing the vacation time becomes impossible if a number of circumstances arise. Such circumstances include:

Changing the duration or time of vacation most often occurs on the initiative of the employee himself, since the vacation schedule is approved in advance, and all employees of the enterprise follow it unconditionally. The reason for changing the schedule for a specific employee must be compelling and respectful, since the employer has every right to refuse to satisfy the request of an employee of the organization.

Experts highlight some of the grounds that require mandatory fulfillment of the employee’s request in full or in part, but the application must be completed within the established time frame and not contain the requirement to “go on vacation starting tomorrow.”

In each specific case, the employer independently determines the importance of the reason for postponing the vacation, so it is better for employees to have a stable business relationship with their employer.

The legislation provides for the possibility of postponing leave for family reasons if the employee has not yet been paid as vacation pay, and also has not been notified of the imminent time of rest. The employer has every right to establish his own procedure for replacing vacation time in the organization, based on reasons that are considered valid.

Family circumstances are not a valid reason for changing the vacation time, however, in some situations, the organization’s management may accommodate the employee halfway if circumstances force him to take urgent leave. An example of such a situation could be a sudden illness of a close relative or one’s own disease, which is difficult to cure and leads to disability of the citizen in the future or today.

It will not be possible to obtain the right to change the start date of vacation due to one’s own wedding or the wedding of relatives, since these are not serious and compelling circumstances, and if the collective agreement allows employees to take unpaid leave for several days due to such celebrations, then the employee can take namely time off, without touching or changing annual paid leave.

In accordance with Art. 123 of the Labor Code of the Russian Federation, the priority of vacations is provided based on the appropriate schedule, which is adopted no later than two weeks before the new calendar year. At the same time, execution of the schedule is mandatory for each party to the labor relationship, therefore any changes to the existing plan must be formalized by mutual agreement of the parties.

• The law prohibits transferring vacation to the next vacation, if the next vacation is not part of the next paid vacation, divided into two parts.
• In such circumstances, it is possible to postpone vacation, but only if both the employee and the employer agree to such changes, and this will not cause any difficulties or problems for the organization as a whole.
• If circumstances arise that require a change in the start time of vacation, an increase in the duration of vacation is allowed if the employer and employee jointly determined such a decision as the most beneficial solution for both parties.
• Also, vacation is transferred to another vacation or time if the employer has not fulfilled the conditions for sending employees on vacation, which include:

If any of the conditions are not met, the employee cannot be sent on vacation.

Annual paid leave cannot be replaced either by a compensation payment, except in cases of dismissal of employees, or by transferring the rest period to the next year. However, like any rule, this norm has exceptions.

Vacation appointments are regulated in accordance with Art. 122 of the Labor Code of the Russian Federation, which establishes that an employee is entitled to 28 calendar days of vacation for each working year.

An important provision indicates that it is not the calendar year that is taken into account, but the working year, which is calculated from the date the employee begins working.

The working year is 12 calendar months from the date of registration of labor relations, after which the employee is entitled to annual paid leave. At the same time, it is clarified that leave can be granted at any time of the working year, regardless of the “convenience” or “wishes” of the employee of the enterprise.

We invite you to familiarize yourself with: Sample statement of claim against bailiffs

If, due to some serious circumstances, the employee was unable to take advantage of the opportunity to rest for the past working year, due to his retraining or reorganization of the enterprise, etc., then the vacation can be postponed to any time over the next 12 months, as well as combined with the vacation of the next working year in full or in part.

It is impossible to replace a vacation not taken with compensation, so you can only take it off. It is allowed to go on vacation several times a year if the employee thus uses all rest days in full. Payment of compensation is allowed only for that part of the vacation that exceeds the 28 calendar days established by law.

The transfer of leave is formalized upon submission of a corresponding application from the employee or upon issuance of an order of the same name, when the date of leave changes at the will of the employer. In this case, only the employer bears responsibility for the unlawful use of the opportunity to transfer vacation without the will of the employees.

It is impossible to replace vacation or transfer it to certain categories of employees, as this is prohibited by mandatory legislation.

Such employees include the following categories of citizens:

• workers who are employed in hazardous and hazardous industries;
• workers who have not reached the age of majority.

The employer will not be able to change the vacations of such employees even if they apply and request, since this norm of labor law is mandatory and is subject to full execution in accordance with the law.

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 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.

Transferring family leave

The legislation provides for the possibility of postponing leave for family reasons if the employee has not yet been paid as vacation pay, and also has not been notified of the imminent time of rest. The employer has every right to establish his own procedure for replacing vacation time in the organization, based on reasons that are considered valid.

Family circumstances are not a valid reason for changing the vacation time, however, in some situations, the organization’s management may accommodate the employee halfway if circumstances force him to take urgent leave. An example of such a situation could be a sudden illness of a close relative or one’s own disease, which is difficult to cure and leads to disability of the citizen in the future or today.

It will not be possible to obtain the right to change the start date of vacation due to one’s own wedding or the wedding of relatives, since these are not serious and compelling circumstances, and if the collective agreement allows employees to take unpaid leave for several days due to such celebrations, then the employee can take namely time off, without touching or changing annual paid leave.

In accordance with Art. 123 of the Labor Code of the Russian Federation, the priority of vacations is provided based on the appropriate schedule, which is adopted no later than two weeks before the new calendar year. At the same time, execution of the schedule is mandatory for each party to the labor relationship, therefore any changes to the existing plan must be formalized by mutual agreement of the parties.

How to register correctly

The document recording this fact does not have a legally established form. If the company has developed appropriate templates, then they are used to write an application for transfer. If the form of this document is not established by local regulations, it is drawn up in accordance with the rules of business turnover.

The petition part of the application is usually transformed depending on whose initiative the employee’s rest time is adjusted.

Ban

There are employees whose vacation cannot be rescheduled, even at the request of the employees themselves.

Art. points to them. 124 Labor Code. The following are prohibited:

• Minors, up to the age of 18.
• Workers employed in hazardous and hazardous industries.

In this case, even the written consent of the named employees to postpone the vacation will not save the employer from sanctions from regulatory authorities during an inspection.

There are also categories of employees who have a priority right to transfer vacation, guaranteed by law:

1. Part-timers. According to Art. 286 of the Labor Code of the Russian Federation, vacations at the main job and part-time for such employees must be the same.
2. Minors. Article 267 of the Code gives them the right to take leave at any time and insist on increasing its duration to 31 days.
3. Military spouses. Family members of military personnel, N76-FZ “On the status of military personnel,” in particular, Art. 11, have the right to spend their holidays together.
4. “Chernobyl survivors” - liquidators of the Chernobyl accident. The legislative basis is the Law of the Russian Federation N1244-1 of May 15, 1991.
5. Disabled war veterans and veterans of “hot spots”. According to the law, Articles 14,15, 16-19 of the Federal Law No. 5 of January 12, 1995 “On Veterans,” they have this right.
6. Workers who become parents. Women who wish to add regular leave to maternity leave, on the basis of Articles 122 and 260 of the Code, and men whose wives are “on maternity leave”, according to Art. 123, as well as adoptive parents, until the baby reaches three months of age. This is discussed in Article 122 of the Labor Code of the Russian Federation.

The employer cannot refuse to reschedule vacation at the request of the employee. Usually it is transferred with the wording “for family reasons”, with the general consent of the participants in the labor relationship.

It is prohibited, according to Art. 124 of the Code, deprive an employee of vacation for more than two years in a row, for any reason. Thus, non-vacation leave can be transferred to the next year.

The law does not give a clear answer as to how many times vacation can be rescheduled. However, based on the above, we can conclude that the transfer can be any number of times, but it is absolutely impossible not to go on vacation for 2 years in a row.

Application for transfer of vacation: sample, how to submit, deadlines

By law, citizens have the right to annual paid leave. Life circumstances can change significantly. In this situation, you will need to write an application to reschedule your vacation. The document must be drawn up correctly.

It is better to use a ready-made sample. This will minimize the risk of errors. Vacation can be postponed at the initiative of the citizen or the employer. Certain reasons must be present for an action to be performed.

Reasons

A citizen receives the right to go on annual paid leave after working for a specific organization for six months. However, the parties may agree to reduce the period. Specific vacation dates are determined by the schedule.

It is compiled in each organization. The paper must be approved no later than 2 weeks before the end of the calendar year. The opinion of the trade union is taken into account. The employer is obliged to warn the employee about the upcoming vacation. The action is carried out in writing.

Information is transmitted 2 weeks before the start of the holiday.

The employee and employer are obliged to comply with the established schedule. However, Article 124 of the Labor Code of the Russian Federation provides information that the period can still be shifted. This is possible in the following situations:

• the person is on sick leave;
• the employee was forced to perform state labor duties during rest, if this is provided for by the norms of the current legislation;
• in other situations reflected in local or federal regulations.

Circumstances may vary depending on who exactly wants to initiate the procedure.

At the initiative of the employee

There is no provision in the legislation regulating the process of transferring leave at the request of the employee. The law protects both sides of labor relations. They cannot abuse each other's rights.

In fact, the reasons for postponing rest at the employee’s initiative are divided into objective and subjective. Both options require the occurrence of certain circumstances in the life of a citizen.

The employer is obliged to accommodate the employee in the following cases:

• a certificate from a medical institution confirming the occurrence of temporary disability has been submitted;
• the person was forced to fulfill state obligations during the period of required rest;
• the leave was not paid or the employer did not report it in a timely manner;
• events occurred that were stipulated by the internal rules of the organization.

The request to change the date is recorded in the form of a statement. The employer can also consider subjective wishes, but he is not obliged to meet them halfway. New dates will have to be re-agreed. There are also a number of workers whose request to change the rest period cannot be refused. The list includes:

• women expecting a child or married to military personnel;
• persons who work part-time and have gone on vacation at their main place;
• employees who adopted children under 3 months of age;
• men who want to combine vacation with maternity leave;
• persons who refused to rest;
• employees whose vacation was postponed during the year.

At the initiative of the employer

In most cases, employees initiate the transfer of vacation. However, the employer also has the right to take such action. To carry out manipulation, there must be a compelling reason. They can be dictated only by urgent need, the list of which includes:

• emergence of an urgent order;
• the company is being reorganized;
• new technologies are being introduced;
• it is necessary to urgently send an employee on a business trip;
• an emergency situation has occurred.

If the postponement of vacation occurs due to production needs, the personnel service is obliged to act in accordance with the law. The manipulation is carried out according to the following scheme:

1. An order is issued that records the reason for adjusting the rest date for one or more employees. Additionally, the agreed date to which the vacation is transferred is reflected.
2. The organization receives the employee’s written consent to the transfer. The document is drawn up in any form.
3. Adjustments are made to the schedule and to the personal card.

How many days in advance is it served?

The legislation does not indicate a specific amount of time. However, Article 123 of the Labor Code of the Russian Federation states that the company is obliged to notify employees about vacations at least two weeks before they begin. In order for the company to fulfill its obligations, the citizen is obliged to prepare the paper 2 weeks before the vacation or earlier.

How to write a statement

The unified form of the document is not approved by current legislation. Each employee independently decides how to properly prepare the paper. The action can be carried out by hand using a computer or other devices.

It is recommended to use a ready-made sample. The form of the paper can be fixed by the local regulations of the organization. If the document is not approved, it is important to adhere to generally accepted standards of office work.

A classic statement consists of the following parts:

1. A cap. Placed in the upper right corner of the paper. Here information about the person to whom the application is submitted is recorded. Usually this is the head of the company; it is important to reflect his position and full name. Then the full name of the organization is written down, indicating its legal form. Next, the employee’s position, full name and personnel number, if assigned, are recorded.
2. Name. Placed below the header in the middle of the sheet. The paper must be called “Application for rescheduling vacation.”
3. Body of the document. Basic information is recorded here. You must indicate the reason for the shift in deadlines and the desired date on which the employee is ready to go on vacation.
4. Date and signature. The last detail needs to be decrypted.

The wording may differ depending on who initiated it. Documentation is provided by the employee or employer. If an employee independently initiates the procedure, he is obliged to ask the company to postpone the deadline. In the second situation, agreement or disagreement with the shift of the period at the initiative of the employer is recorded.

If there is a production need, the company has the right to use its right to transfer paid vacation to the next year, if the citizen agrees.

Sample

Sample application for rescheduling vacation.doc

When an employer has the right to refuse

The employer has the right to refuse a request to reschedule leave. This is possible in the following cases:

• the application does not indicate a valid reason;
• the citizen did not confirm the presence of grounds for shifting the deadlines using documentation;
• no written statement was made;
• a minor works in the company and he wants to postpone his vacation to next year;
• the person works in harmful or dangerous conditions and plans to postpone his vacation to the next year.

In the above situations, a negative decision is immediately made. It is important to take care of the presence of evidence in advance and write a statement in a timely manner.

about the author

Source: https://sud.guru/trud/zayavlenie-o-perenose-otpuska.html

At the request of management

Most often, the date of retirement is shifted at the initiative of the organization. In order to correctly process the transfer of leave due to production needs, it is imperative to obtain the employee’s consent. To do this, you need to notify him in writing about the reasons for changing the rest time.

Please note that in this situation, legislators protected the interests of the employee by the relevant provision of Art. 124 Labor Code of the Russian Federation. If the vacation is moved at the initiative of the organization, the employee has the right to use the transferred vacation days at any time convenient for him within 1 year.

Sample application for transferring vacation to next year - Retired

The topic of rescheduling vacation is discussed in Article 124 of the Labor Code of the Russian Federation, which provides the grounds for carrying out the procedure.

An employee must declare his desire to postpone vacation dates in writing, so writing an application is a prerequisite.

applications for transferring sick leave - word.

Sample due to production needs - word.

Sample for family reasons - word.

How to write an application for rescheduling a vacation?

According to the Labor Code of the Russian Federation, each employee has the right to postpone the period of annual leave, which lasts 28 days. There may be several reasons for shifting vacation pay: at the employee’s initiative due to family circumstances, due to pregnancy and childbirth, or due to illness.

Asking the manager to postpone the vacation for an indefinite period or to the next year in such cases does not contradict the provisions of the Law. How to correctly write an application so that management allows you to postpone the holidays to another time, more details in the article.

Applications for transfer of leave at the initiative of the employee

In accordance with the provisions of the Labor Code, each employee must take an annual vacation in accordance with the approved vacation schedule.

You cannot refuse annual holidays, but you can postpone them for an indefinite period due to pregnancy, family circumstances, childbirth or at the initiative of the employee, according to Article 124 of the Labor Code of the Russian Federation.

Every official has every reason to change the timing of his vacation pay. The main thing is that for this there is one of the circumstances that are written above.

Article 124

The employee must notify the manager of his desire to change the vacation schedule no earlier than two weeks in advance. To do this, you need to write an application in two copies.

The document will be valid both in written form and printed on a computer. There is no single form for filling out, so any form of application can be taken as a basis.

The main thing in the document is to indicate: personal data, in whose name the application is written and the reason.

The main thing to remember is that you don’t need to ask your boss to shift your vacation pay. Every employee who works officially has the right to plan and easily approve a vacation date for the time he needs, taking into account compelling reasons.

Application for transferring vacation to next year

According to the provisions of the Labor Code, the employee’s desire to postpone the holidays to the next year is valid if family circumstances or other important reasons arise:

• An employee fell ill while on vacation. In this case, the employee has the opportunity to write an application to extend the vacation period or transfer the remaining days of rest to the next year;
• Performing official duties during annual holidays;
• The employer's unwillingness to pay vacation pay on time;
• Management did not notify the official of the vacation two weeks in advance;
• Inability to take time off due to the difficult production situation of the company.

In all cases, the employee has the right to transfer vacation pay to the next year. The main thing is to write the application correctly and submit it to the employer for consideration.

Transfer of maternity leave upon application

The procedure for postponing vacations due to pregnancy and childbirth is carried out on the basis of a correctly written application and certificate of incapacity for work. According to Article 260 of the Labor Code, pregnant women have privileges that allow them to take and transfer vacation pay to any other time convenient for them and even for an indefinite period.

Article 260

Privileges include:

• Reason to take maternity leave despite working in the company for less than six months;
• Without taking into account the vacation schedule, a pregnant woman can postpone her vacation for an indefinite period or go on vacation before or after her maternity leave;
• Maternity leave is included in the length of service.

Despite pregnancy and childbirth, a woman does not have the right to reschedule her annual vacation if her limit has been exhausted. If an employee took vacation pay during the working year, and the next year has not yet arrived, it is not possible to take or reschedule days off.

Each employee is entitled to financial support in connection with pregnancy and childbirth. The manager is required to pay benefits for sick leave. The benefit amount is calculated according to the average salary.

Application to reschedule family leave

Family circumstances are included in the list of reasons why vacation can be taken at a convenient time on the initiative of the employee. You can shift the vacation period if:

• The employee took sick leave;
• Carrying out a business trip during the holidays;
• It is possible to shift the dates of the holidays indefinitely if the manager did not pay for the annual vacation on time and did not notify about it 14 days in advance.

The correct way out of the situation is to write an application to transfer vacation days to a convenient time, up to the next year.

Reasons for postponing leave for application

You can shift the date of the holidays in accordance with Article 124 of the Labor Code of the Russian Federation. The reason may be: pregnancy, childbirth, employee initiative, family circumstances, violation of the contract by superiors, military training, performance of tasks at the state level: to be a witness or representative in court.

In order for the employer to sign the application, you must follow the rules for filling out the document. The main criterion is to describe as broadly as possible the reasons for the shift in the weekend. If the application is properly completed, the boss signs a document, on the basis of which he issues a decree and changes the schedule of the planned vacation.

Employee's wish

An employee of the organization may also be interested in moving the start date of the vacation. In this case, the transfer of leave at the request of the employee occurs on the basis of a personally written application addressed to the manager.

The content of the document must reflect the following points:

• start and end dates of vacation in accordance with the schedule;
• a valid reason for the transfer;
• a link to a supporting document (if available) or a reasoned explanation of the reasons prompting the employee to request a shift in the start date of the vacation;
• the period of time for which the vacation is planned to be postponed.

If the reason for the transfer was due to reasons provided for by law, supporting documents or copies thereof should be attached to the application. This could be a sick leave certificate, a certificate of performance of government duties, etc.

The employer usually agrees to change the timing of vacation for personal reasons if this does not entail negative consequences for the company as a whole. Otherwise, the employee will go on vacation according to the approved schedule.

Compensation

The Labor Code “gives permission” to pay money to an employee only in two cases:

1. The first case is his dismissal. All vacation, or part of it, if not used, is replaced by a cash payment. Thus, the final settlement occurs between the parties to the employment contract (Article 127 of the Labor Code of the Russian Federation).
2. The second case applies to employees who have the right to additional leave, and their leave, due to working conditions, is more than 28 days. The employee can receive the difference between this number of days and the actual rest days allotted to him in cash equivalent. About this - in Art. 126 Labor Code of the Russian Federation.

In particular, employees with irregular working hours and civil servants are entitled to such compensation.

Compensation for vacation, without reference to its duration, is prohibited for minors and pregnant women.

We invite you to familiarize yourself with: Penalty for failure to fulfill obligations under the contract in 2020 || Liability for failure to fulfill obligations under the contract

It is not allowed to compensate for annual leave of 28 days if the employee does not intend to rest, but plans to receive money instead. Such manipulations with labor legislation threaten large fines for the organization and its officials.

Is it possible to reschedule a vacation several times?

Let's find out if they can postpone their vacation to next year several times. According to current legislation, the governing body does not have the right not to provide an employee with compulsory paid leave for 24 consecutive months.

At the same time, it is also prohibited to postpone it to a new date or replace the vacation with monetary compensation if the employee has already agreed to this procedure over the past two years.

A new date for vacation time cannot be granted to those employed in the production or processing of hazardous substances, as well as to persons who have not yet reached the age of majority.

Attention ! Pregnant women can ask for compulsory leave before going on maternity leave or postpone it until after maternity leave.

From everything it follows that the transfer of vacation to the next year can only be done taking into account the articles of the Labor Code and with the consent of the employee. In other cases, the transfer will be contrary to the law.

Why some people will only be able to rest next year

Often, company employees have doubts: is it possible to postpone vacation to next year? Due to objective reasons, such a situation is quite possible. Moreover, it is permissible to change the rest period either at the request of the employer or at the initiative of the staff. In both cases, such actions require compelling reasons.

If you have not encountered such a situation in practice and are in doubt whether the vacation is transferred to the next year, look at Part 3 of Art. 124 Labor Code of the Russian Federation. It explicitly states: if an employee has failed to use the rest days due to him in the current year, they can be provided to him within 12 months after the end of the corresponding working year.

Prohibition on transferring vacation periods

Whether the vacation carries over to the next year or another period agreed upon by the parties is determined by the type of vacation right granted. Vacation transfers are not subject to transfer and will expire if not used in a timely manner:

1. Study leave. Despite the obligation to provide it to employees who combine educational and work processes, the basis for provision is a summons certificate sent by the educational institution. The document indicates the period for passing sessional material, entrance or state exams, preparation and defense of the thesis. Even in the event of an employee’s illness, if the employer wishes, without a new call with rescheduled dates, rescheduling is impossible.
2. Maternity leave. The end of the period is determined by the child reaching the age limit and does not depend on the fact of using the granted right to leave or refuse and prefer the labor process. Leave is not transferred because the basis (age of the child) does not move in the opposite direction.
3. Leave without pay. The type of rest does not require mandatory provision by management, but relates exclusively to the rights of a citizen. A ban on transferring vacation is equivalent to a reluctance to exercise the right given at the current time.

The transfer of leave is determined by the mandatory provision or additional factors (children under 3 years of age, an invitation to submit educational material) for each year worked and the right to receive monetary compensation for non-use.

Paperwork

Working women have the right to special types of leave:

• Due to pregnancy and childbirth.
• Child care up to 3 years old.

Taking leave at 30 weeks of pregnancy and ending it after 3 years is not an obligation, but a privilege/right. On her own initiative, an employee can refuse maternity leave, interrupt it before the expiration of the period, or transfer part of it to another period. An employee can be recalled from maternity leave only with her consent (Part 2 of Article 125 of the Labor Code of the Russian Federation).

Reasons for postponing vacation during maternity leave:

• Two types of leave coincided in date: annual and maternity leave.
• The employee returns to work before her maternity leave expires.

During maternity leave, an employee can work in a reduced mode: part-time or from home. Payment for labor is calculated according to hours worked or the result of work. If an employee returns to full-time work before the end of the vacation, the benefit is no longer paid.

After returning from maternity leave, the employee has the right to another annual leave. According to the letter of the Ministry of Labor of Russia No. 14-2/B-899 dated September 20, 2016, an employee has the right to an extension of maternity leave if it falls on annual leave. You can also transfer the rest of your annual leave to the future.

Based on the Labor Code of the Russian Federation, postponement of vacation at the request of the employee is allowed for a number of reasons. But changes in terms or rest times must be documented in compliance with basic requirements.

This procedure will not cause any particular difficulties for novice personnel officers.

It is enough to clarify all amendments to current laws in order to correctly process the transfer of vacation and reflect the changes in the relevant documents.

The rest date approved in advance in the schedule can be postponed by mutual agreement between the employee and the employer. The initiator can be an employer or an employee.

Life circumstances and events may cause the end of vacation to be automatically postponed by extending it. It is possible to use days in a future period. Such circumstances include the performance of government duties or the illness of an employee during the period of his official absence from work.

The transfer of leave due to sick leave to a later time is carried out on the basis of an application from the employee. Extension of rest time for this reason occurs automatically and does not require special documentation of the procedure. The basis for extending days is a certificate of incapacity for work, a copy of which is attached to the vacation documentation.

If a person gets sick during vacation, which he can document, then he does not have to go to work to extend his vacation. It is enough to notify your superiors of your decision by telephone before the start of the working day. Sick time and vacation time are paid separately in accordance with legally regulated procedures.

Regulatory legal acts provide for circumstances in which the transfer of rest time is impossible due to the need for the employer to ensure the safety of employees.

If they are under 18 years old, or they work in harmful and dangerous working conditions, then they need timely provision of rest, which cannot be postponed for a long time, since a weakened and tired person is at risk of injury.

Special categories of employees who, due to external circumstances, were unable to predict in advance the optimal rest time for themselves, have the right to request that it be postponed to any convenient time period. Such employees include:

• women planning a vacation before or after maternity leave;
• part-time workers for whom it is important to combine rest time at their main and combined jobs;
• military spouses;
• men who combine their vacation with the vacation of their pregnant wife, provided that his time is planned before or after going on maternity leave;
• adoptive parents of children under three months old.

Despite the fact that the above categories of employees can go on vacation at any time, it is important to take into account their initial desires in the vacation schedule, which should indicate the estimated dates of the event.

Failure to include employees in the schedule or failure to fill out the columns indicating the approximate start and end dates of vacation in accordance with the questionnaire will be regarded by representatives of the inspection authorities as a violation for which the employer will have to pay a fine.

1. The employee fell ill during his annual paid leave (paragraph 2, part 1, article 124 of the Labor Code of the Russian Federation). The basis for transferring leave in this case will be a properly executed certificate of temporary disability (Part 5, Article 13 of Federal Law No. 255-FZ of December 29, 2006 “On compulsory social insurance in case of temporary disability and in connection with maternity”).

Let's figure out how to arrange the transfer of vacation at the request of the employee:

1. First of all, you will need a statement from the employee with the obligatory phrase “I ask you to postpone your annual paid leave” for one of the reasons. Sample how to write a statement:
2. If the recall of an employee and the transfer of rest time is related to production needs, it is advisable to notify the employee about this in writing against signature with reference to the norms of the current legislation.
3. If the parties have agreed to postpone the vacation, it is worth drawing up a notification document and inviting the employee to sign it, expressing his consent.
4. Then an order is issued to postpone the vacation, indicating the reason and the regulatory document - the basis. The order should also be familiarized to the employee against his signature.
5. A note about the transfer is made in the appropriate column in the vacation schedule. However, there is no need to edit the entire schedule.

The transfer of leave for various reasons is prescribed in the Labor Code and federal laws that protect the rights of certain categories of workers. Based on their provisions, it is quite possible to reschedule your vacation.

Instructions: fill out an application to postpone your vacation

Transferring an employee's vacation is allowed both at the initiative of the employer and at the request of the employee himself. Article 124 of the Labor Code directly protects the rights of an employee in difficult life situations. It stipulates objective and compelling reasons and events in life when it is impossible to refuse to change the date of rest. The employer can establish a number of grounds for refusal in the local acts of the organization.

If your management does not have a direct obligation to meet you halfway, you will have to negotiate.

Transfer at the request of the employee

The Labor Code of the Russian Federation does not regulate in detail the transfer of leave at the request of an employee. Legislation protects interested parties from abuse of each other's interests and allows them to reach agreement.

The reasons for changing vacation dates at the employee’s initiative can be divided into:

• objective;
• subjective.

Both options presuppose the presence of certain events in the employee’s life. The legislation considers the former as obviously compelling. Article 124 of the Labor Code of the Russian Federation requires the employer to accommodate the employee at his request in the following cases:

• availability of a certificate from a medical institution regarding temporary disability (injury);
• performance of government duties, during which they are usually released from work;
• if the employer did not pay for the rest period or did not notify about its start;
• events occurred that were stipulated by the internal labor rules of the organization.

If you are faced with one of the above situations, labor law is on your side. The transfer application will be approved and the vacation schedule will be adjusted.

You must be notified of your next vacation two weeks before it begins. Vacation pay is paid 3 days before the start.

The employer may consider your subjective wishes about changing the dates of your planned vacation. But according to the law, he is not obliged to meet you halfway.

https://youtu.be/d3-i5FeDp8Y

In any case, new dates will have to be agreed upon again. You won't be able to insist on your own option.

There are categories of employees who cannot be denied a request to change their vacation dates. These include:

• pregnant women;
• men planning to combine their vacation with their wife's maternity leave;
• women - spouses of military personnel;
• employees who adopt children under 3 months;
• part-time workers who went on vacation from their main job;
• employees who have already been recalled from vacation or whose vacation has been postponed during the last year.

Transfer at the initiative of the employer (production necessity)

Changes to the vacation schedule established by order of the head of the organization often occur at the request of employees. To avoid fines from the Labor Inspectorate, enterprises prefer not to violate the established procedure.

The employer can also initiate a change in the date of retirement. For this he needs good reasons. They are dictated by production needs - reorganization, introduction of new technologies, urgent orders, sending on a business trip or the onset of an emergency.

Transferring leave due to production needs requires the HR department to carefully register in accordance with the law:

• issuing an order indicating the reason for changing the dates for one or more employees, as well as the agreed date to which it is shifted (sample below);
• application for transfer of vacation, sample below;
• obtaining written consent from the employee about the transfer (free form);
• making changes to the schedule;
• making changes to your personal card.

Depending on who initiated the schedule change, the primary document for registration will be either the employee’s statement or the manager’s order about production necessity. In the second case, it makes sense to obtain written consent to the changes from the employee.

Transferring vacation to next year: features

Will the vacation be carried over to the next year? The law prohibits the direct transfer of vacation to the next year. This is possible if the days not taken off are added to the next part of the next vacation. If the employee and employer come to an agreement, the second part of the vacation may be increased. This does not contradict the law.

The start date of the next vacation, after agreeing on the changes, can be selected:

• in the current month;
• in the next or another month of the current year;
• next business year.

Note. Transfer to the next year is possible only within the working year. In labor legislation, it is not equal to the calendar year. A working year is 12 months from the date of registration of an employment relationship with a specific employee.

Rest can be postponed to any of the next 12 months or combined with days of the next working year. This is stipulated in Part 3 of Art. 124 Labor Code of the Russian Federation.

Briefly about monetary compensation. The Labor Code of the Russian Federation does not allow the payment of monetary compensation for the unused part of the vacation within 28 calendar days.

Can they refuse to reschedule a vacation?

Changing the time of rest, the planned dates of which are fixed in the schedule, will definitely be refused:

• employees working in harmful (dangerous) conditions;
• minor workers.

This procedure was established to protect the interests and ensure the safety of this category of workers.

In all other cases, the parties to the labor process benefit from interaction. There is always an opportunity to meet each other halfway.

What will happen to vacation pay?

The Labor Code of the Russian Federation does not provide for the return of overpaid vacation pay. This can only be done with the written consent of the employee. You cannot withhold an overpayment without consent. The employee writes a statement and the paid benefit is counted against wages.

If the vacation dates before and after the transfer refer to the same month, recalculation will not be necessary. In all other cases, the amount of vacation pay will have to be calculated again.

Sample employee consent

Download

Source: https://gosuchetnik.ru/kadry/instruktsiya-oformlyaem-zayavlenie-o-perenose-otpuska

Application template

To simplify document flow, as well as to prevent the organization’s personnel service from receiving incorrectly completed documents, it is recommended to develop and approve an application form to change the start date of vacation. By filling it out, employees will spend much less time and will not make mistakes.

In large organizations, in addition to the form, it is advisable to draw up a sample for filling out the corresponding application. In this case, company employees will be able to write a request to shift their vacation to a later date without the help of a HR specialist.

Please note that any application to reschedule leave must meet the following requirements:

• The header of the document indicates the position, surname and initials of the manager, as well as the position, surname and initials of the employee making the request.
• In the content part, a request for a postponement is formulated, indicating the dates of the planned and expected vacation period, and also describes the reason why adjustment of the vacation time is necessary.
• At the end of the document the date of its preparation is indicated. What is written is certified by the employee’s handwritten signature.

Registration of transfer (employee application and employer order)

How to arrange the transfer of vacation at the request of an employee? First of all, the employee must express his wish for the transfer by submitting a statement to the employer about this. Such a statement does not have a set form, but it is obvious that it must contain:

• details of the applicant (full name, position, name of the unit that is the place of work, personnel number);
• a statement of the essence of the issue (i.e., a request for a postponement, indicating the reason for this and the timing by which the start of the vacation should be shifted);
• date of compilation and signature of the submitter.

For information on how an application for transfer can be completed, read the article “Application for transfer of leave - form and sample.”

When deciding to satisfy the request of the applicant, the employer issues an order to postpone the vacation at the request of the employee. The main part of this document will duplicate the content of the employee’s statement, presenting his request in an affirmative manner.

A sample order for transferring vacation can be downloaded from the link below.

The order will become the basis for making changes to the vacation schedule and the employee’s personal card.

Find out how to reschedule your vacation in the vacation schedule here.