24.06.2019
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1787
6 min.
The state takes care of its citizens and provides each of them with the opportunity to rest for one calendar year. The priority is reflected in a specially drawn up and pre-approved schedule. But sometimes personal or work-related situations arise that do not allow an employee to take a break from work for several weeks. Then he must write an application to postpone the calendar leave and document it. Based on the order, the employer, with the consent of the subordinate, will determine a new date.
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.
IMPORTANT!
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.
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.
Is the employer obligated to grant the employee's request?
An application to postpone the vacation period is not a guarantee that the employer will accommodate the subordinate - the law gives him the right to refuse the application, but only if there are no special reasons prescribed by law to postpone the vacation. In all other situations, the postponement of vacation is a purely voluntary expression of the will of the parties, taking into account their mutual interests.
In judicial practice, there have been cases when an employee wrote an application to postpone vacation, but the employer refused. Despite this, the employee went to work on the first day of his vacation, but the court regarded such behavior as a violation of labor discipline, deserving of certain disciplinary punishment.
Therefore, when writing an application, you should remember that the last word almost always remains with the employer.
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.
Reasons for postponing annual leave
The main reasons for changing the boundaries of the vacation period are stated in Article 124 of the Labor Code of the Russian Federation:
- the onset of incapacity for work (sick leave) during the vacation period or before it begins;
- fulfillment of government duties during rest;
- failure to pay vacation pay on time before the start of the vacation;
- lack of written notice from the employer about the start of vacation 2 weeks in advance;
- due to production necessity, if the employee’s consent is obtained;
- at the request of the employee in connection with certain family circumstances with the consent of the employer;
- in additional cases specified in the employer’s local documentation.
In all cases, the process of transferring vacation days is associated with documentation, including the employee writing an application requesting a transfer or agreeing to it.
In addition, the employer issues an order regarding the need to make changes to the vacation schedule and transfer days not taken off by the employee to another date -.
How many days in advance should I apply?
Labor legislation does not contain exact deadlines; they can be determined depending on the reason for postponing the annual vacation.
For example, if the need for a transfer arose due to sick leave or the performance of government duties while on annual leave, then you must submit an application as early as possible in order to notify management of your intentions.
If the decision to postpone to another date is made in advance before the start of the vacation (for family reasons, due to production needs, when sick leave occurs), then the application is submitted before the start of the vacation.
How to write the text correctly?
The text of the application is written in any form. It is recommended to indicate the exact reason for the transfer in order to avoid misunderstandings and for the correct execution of the transfer procedure.
The required details of this form include:
- date;
- document's name;
- text;
- applicant's signature;
- supporting documents, if available.
The content of the text depends on the reason for changing the dates of annual paid leave. Below are explanations of what wording to use in various design cases.
Due to sick leave
Incapacity for work that occurs before the start of the vacation allows the employee to request a shift in vacation dates to a later date.
It is also possible to transfer leave if sick leave occurs during the period of annual leave, provided that the incapacitated condition is related to the illness of the employee himself, and not his child.
The text states the request for a transfer, then notes the number of days that need to be transferred to another date and explains the reason for this action.
The details of the sick leave certificate received at the medical institution are provided as proof.
The employer is obliged to accept the application, but the issue of transfer is decided on an individual basis. The employer has the right to simply extend the vacation by the number of days of incapacity if he does not want to transfer vacation days to another date.
Also read about how to write an application to reschedule time off due to sick leave at this link.
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For family reasons
Family circumstances can mean a wide range of reasons. They can be serious or not so serious. The issue of transfer at the request of the employee is decided individually depending on the importance of the reason and the capabilities of the employer himself.
The employee must understand that vacation is planned in advance in the schedule, its dates are determined and fixed. The employee himself knows in advance when he will be able to rest this year and gets acquainted with this information under his signature. To change the planned vacation, you really need good reasons or the consent of the employer.
For example, an employee may ask for changes so that the rest period falls during some important period in a person’s life - a child’s enrollment in school, a spouse’s vacation, a move, a wedding, treatment that does not fall under sick leave, a child’s vacation, etc.
It is better to plan such moments in advance, but unforeseen family circumstances have not been canceled.
It is recommended that you honestly present your request to management, explain the reasons and circumstances and ask for a transfer of the annual leave period to another date.
For more information on how to write an application to reschedule leave at the request of an employee, read this article.
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For production needs
Article 124 of the Labor Code of the Russian Federation states that it is possible to postpone vacation dates at the initiative of the employer, but in exceptional cases, if the employee’s going on vacation will adversely affect the work process.
In this case, an important condition is obtaining the employee’s consent in writing. An employee’s paid leave cannot be transferred without consent.
In this case, the transfer procedure begins with the employer, who notifies the person in writing about the difficult production and work situation and the need, therefore, to change the timing of taking annual leave.
The employee's right to agree or refuse. The director does not have the right to dismiss or forcibly change vacation terms if a person refuses.
In case of such violations, the employee may well complain to the labor inspectorate, which threatens the employer with serious inspections of the State Labor Inspectorate.
The worker writes a statement of consent in response to the received written notification about the transfer of the boundaries of the vacation period. In the text, the applicant writes that he agrees with the option proposed by the employer.
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If the rights of an employee under the Labor Code of the Russian Federation are violated
Article 124 of the Labor Code of the Russian Federation contains provisions that an employee has the right to demand a postponement of the start and end dates of vacation if:
- vacation pay was not paid on time - 3 days before the start of the vacation;
- there is no written warning about the duration of rest 2 weeks in advance.
If the specified guarantees are not met, the employee can legally write a statement and demand a shift in dates to other dates.
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.
Private situations: important nuances, examples, sample statements
To defer annual leave, an application must be submitted. But since the reasons can be very diverse, you should know which form to use in each specific situation. At the same time, it doesn’t hurt to familiarize yourself with the procedure for completing this action.
Partial transfer
According to Labor Law, an employee has the right to take off not the entire vacation, but a certain part of it. In order to return to work early due to production needs or at his own request, he must submit an application addressed to the head of the enterprise. It must reflect a valid reason for postponing the number of days to a certain date or adding them to a future vacation period. The completed application form will look like this:
Shifting days of rest when taking sick leave
Annual paid leave can be transferred in situations where an employee falls ill before it begins or directly during the holiday. In the first case, the employee must provide the boss with a bulletin, on the basis of which the period will be postponed and the date selected again. In the second, the subordinate is obliged to notify the employer in one of the following ways:
- by telegram;
- telephone call;
- a letter sent by mail.
In this situation, the vacation will be increased by the number of days spent on restoring health.
The procedure for changing the rest period consists of several stages:
- the employee writes an application to postpone leave due to illness;
- the document is agreed upon with the manager;
- If the decision is positive, an order is issued.
Attention! The subordinate must submit a petition if it is necessary to select a new vacation date and transfer it to another period. If you simply need to increase the number of days of release from official duties, the employer will perform this procedure automatically based on the bulletin.
By necessity
The head of the institution has the right to initiate the transfer. It may be caused by urgent production circumstances. This step must be agreed upon with the subordinate, for whom the employer is obliged to provide the optimal replacement. The procedure involves the following steps. The employee is sent a proposal to postpone the vacation.
If he agrees, the administration issues an order, and subordinates write a statement stating that they do not object to changing the date of rest and postponing it.
Leave transfer initiated by employee
The legislation allows an employee to transfer his paid leave due to circumstances that arise, which can be both objective and subjective. Both options presuppose the presence of certain events in the life of an employee, defined by the Labor Code of the Russian Federation as respectful.
An application to transfer vacation days is drawn up in any form, but it is recommended to adhere to the generally accepted structure.
- A cap. Contains standard information about the manager and employee, as well as the institution and department where he works.
- Text of the petition. Contains personal circumstances requiring the transfer of the vacation period to a new term. These include situations that have arisen in the family, a wedding celebration, the death and funeral of a loved one, and sanatorium treatment.
- Final part. Contains a list of attached documents (if any), the applicant’s signature and its transcript.
An example would be the following sample.
If an employee is forced to postpone his planned vacation due to the fault of the employer, he has the right to submit an application according to the following sample.
What may be the grounds for rescheduling vacation?
Russian labor legislation provides for cases in which an employee’s planned paid leave can be postponed by the employer to other dates. Such cases include, for example, production necessity or illness of an employee during vacation. The concept of production necessity is not defined by law, and each enterprise must independently assess its risks when deciding whether to grant an employee a planned vacation according to a pre-agreed schedule or to postpone this planned vacation to other days. The basis for postponing vacation may also be a violation of the deadline for notifying the employee about the start of the vacation or a violation of the deadline for paying vacation pay.
Video: in what cases is annual leave postponed or extended
Legal framework on the topic
Annual paid leave can be extended or postponed. All possible cases are indicated in Art. 124 of the Labor Code of the Russian Federation. When a scheduled rest period is postponed, the period for which it is postponed is determined by the employer, taking into account the wishes of the subordinate. Article 124 of the Labor Code of the Russian Federation explains in detail the circumstances of postponing vacation.
- In case of temporary disability or performance of government duties (Part 1).
- Due to violation of the rules, warning about the approaching rest period (Part 2).
- For the next calendar period, if the current absence adversely affects the normal activities of the organization or individual entrepreneur (parts 3 and 4).
How to obtain consent
To return a person to work, the enterprise must have some kind of document (order or memo) explaining the need to recall the employee. We have prepared an example of such a report. Its main points are the reason for the recall, information about the employee, and the date of his return to work.
Having received such an appeal, the manager decides whether to call the subordinate. If the reason is compelling and you can’t do without a specialist, then in the resolution he gives the order to find the right employee and inform him of the need to interrupt his vacation.
The regulations do not say exactly how to notify the employee. Therefore, you can do this by telephone or in writing, for example by sending a telegram or an email.
When the employee appears, he needs to write a consent to be recalled from vacation.
Employee's consent to recall from vacation, sample
The employer has the right to obtain consent to end the vacation in another way; a sample notice of the need to interrupt the vacation can be sent to the employee, who will express agreement with the decision in the same document.
