According to labor legislation, the transfer of vacation at the request of the employee is quite possible. True, there are a lot of nuances that need to be borne in mind in this case. We will tell you how to implement the initiative with the transfer of the prescribed rest.

Causes

First of all, you need to understand that the reasons for postponing leave at the initiative of the employee labor law practically unlimited. That is, there is no direct ban on shifting the dates of the main rest.

At the same time, it is necessary to distinguish between specific reasons for the transfer of vacation. Conventionally, they can be divided into 2 types:

1. Objective - associated with certain events in life.
2. Subjective - are also associated with certain events in life, but they do not particularly interfere with going on vacation according to the approved schedule.

A number of specific - objective and weighty - reasons for the transfer of leave are provided for in Article 124 Labor Code(more on this later in the article). Other grounds may be enshrined in the internal labor rules of the organization.

If your reason is not mentioned either in the law or in the local act of the employer, then you will have to agree with the management in words whether it is possible to reschedule the vacation. In this case, it is not obliged to shift the dates of your vacation.

Furthermore: there is every reason to ignore your request for this.

When labor legislation does not oblige the employer, at the request of the employee, to postpone the vacation dates set by the schedule, unauthorized departure to other dates is absenteeism, which gives grounds for dismissal under the article.

Of course, in practice, one of the most common reasons is the transfer of leave for family circumstances m. Whether this happens or not depends on:

• the existing relationship between the employee and management;
• features of the production process.

In general, you can give a lot of examples of the reasons for the postponement of vacation at the initiative of the employee. From the most everyday to the most exotic. But in an application for a shift in vacation dates, it is better to get off with the most general wording, and discuss the rest in words with the management.

Thus, speaking about whether it is possible to transfer the vacation to another month, it should be noted that it can be:

• current month;
• next/other month of the current year;
• next business year.

Impact on the chart

The question of whether it is possible to postpone the leave at the request of the employee directly affects the one approved in early December last year the schedule of the main rest of employees (form No. T-7, approved by the Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1).

In the event of the transfer of leave at the initiative of the employee, the employer must make adjustments to the specified local act. This can also explain the unwillingness of management to meet the needs of the employee in this matter.

Please note that transfer annual leave at the initiative of the employee, he often shifts the rest schedule and his colleagues. This means that it is necessary to obtain the consent of all those affected by the changes.

When is the vacation schedule for next year, it is necessary to foresee the possibility of its correction in advance and allocate enough time to this issue in order to have time to approve the schedule on time.

The legislation does not clearly regulate how to transfer vacation in the vacation schedule. Therefore, each employer does this according to the rules of its workflow. The only thing is that the Decree of the State Statistics Committee of the Russian Federation dated 01/05/2004 No. 1 clarifies: when the rest period is shifted to another period with the consent of the employee and his head structural unit appropriate adjustments are made to the schedule. This requires permission:

1. The employee who approved the schedule.
2. Or a person authorized by him to do so.

The legal basis is a document drawn up in any form. That is, it can be a statement, a memo, as well as an order.

As you can see, in the sample vacation schedule developed by the State Statistics Committee, the transfer of vacation is reflected in columns specially designed for this purpose - No. 8 and 9.

Mandatory Causes

Reasonable reasons for shifting vacation dates can be very different, so it is impossible to foresee everything in the law at once. However, according to Article 124 of the Labor Code of the Russian Federation, the transfer of vacation is the obligation of the employer in the following cases:

1. Temporary indisposition (including trauma), confirmed by a document from medical institution. For more on this, see "".
2. Fulfillment during the main vacation of state duties that exempt from work (for example, participation in court).
3. The situation is provided for by labor legislation (days of rest are not paid on time, the start of the vacation is not reported).
4. The situation is envisaged by internal labor regulations organizations.

A little more about the third point. The transfer of vacation at the request of the employee of the Labor Code of the Russian Federation obliges to be done if the enterprise:

• did not notify the employee 2 weeks in advance of the start date of the main rest (Article 123 of the Labor Code of the Russian Federation);
• did not issue vacation pay on time - that is, later than 3 days before the start of the holiday (Article 136 of the Labor Code of the Russian Federation).

If your reason for postponing the vacation falls under one of the positions discussed above, then the management is obliged to satisfy the application for postponing the vacation for another period. It also gives grounds to make adjustments to the vacation schedule. In other cases, it all depends on the discretion of the employer.

EXAMPLE

Let's say you write: "... I ask you to transfer your annual paid leave to ..." and indicate specific new dates that are convenient for you. Is leadership obligated to comply?

If there are grounds under the law (see above), then the employer is obliged to postpone your vacation. However, with regard to the new specific dates indicated in the application, the last word will be up to the employer. He is only obliged to take note of the wishes of the employee.

Special cases

Please note that a number of categories of employees by law have the right to go on vacation at a convenient time for them (for example, pregnant women). When such an employee submits an appropriate application, the management should have no doubts about how to reschedule the vacation. Refusal to transfer is impossible, so the request must be satisfied.

By the way, the Labor Code allows the transfer of vacation to the next year at the request of the employer himself. But only on condition that the employee gave the go-ahead to refuse the main rest in current year. This means that in the next working year he will be able to take time off whenever he wants.

How to issue

Now about how to arrange the transfer of vacation at the request of the employee. The initial basis is a statement from him indicating the reason, drawn up in an arbitrary form in the name of the head of the enterprise or the head of the structural unit.

In the second case immediate supervisor you need to issue a memo to transfer the vacation. A sample of this document can also be made in free form.

Then, on the basis of an application or application and memo prepare an order to transfer the vacation to the next year or month.

The registration process is completed by making marks in columns No. 8 and 9 of the vacation schedule (see above), as well as Section VIII employee's personal card.

Here's how to move the vacation to another month: obsolete information must be crossed out with one line and new ones added next to it. In column 7, do not forget to provide the details of the order to shift the dates of rest.

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 by the 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 no later than two weeks before the start 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 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), performed state duties, if the labor legislation provides for exemption from work (public duties include, in particular, participation in a court session as a juror, witness , an expert, an interpreter, sending to military training, summoning for interrogation to the bodies of inquiry or investigation, to the prosecutor's office as a witness, victim, their legal representative or witness), the vacation is extended automatically. To transfer the remaining vacation days 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

You will have to postpone the vacation even when in local or other regulations appropriate grounds have been established for this. 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 01.06.2012 N PG /4629-6-1).

Note!AT exceptional cases when granting leave to an employee in the current working year may adversely affect the normal course of the organization's work, 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. AT latest document amendments are made if the entry on the provision of annual leave has already been made in it and in connection with the postponement, the dates of the leave are changed. 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 postponed. 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) 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 transfer of vacation, the schedule provides for columns 8 “Reason (document)” and 9 “Date of the proposed vacation”: they indicate the details of the order to transfer the vacation and new period rest, 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.

18.04.2017, 13:04

An application was received from an employee to change the date of vacation due to sick leave. Now you need to prepare an order to postpone the vacation. HR needs a sample. Helps the recruiter save time.

Vacation can be rescheduled

Also, there may be various reasons for this: family circumstances, sick leave during holidays etc.

If the employer does not mind, or the law is on the side of the employee, then leave, scheduled vacation needs to be rescheduled.

Since not a single decision in the organization is made without a director, an order must be issued to postpone the vacation.

We are preparing an order

We must say right away that the order to postpone the vacation for another period can be drawn up in any form. The main thing is not to forget to indicate the reason for the postponement of the vacation and the date.

It must also be remembered that the order is primary document, which means that it must contain all the necessary details (for more details, see, "

When the change is due to one of the reasons:

After the manager imposes a permissive resolution on the application, the personnel department draws up decree about vacation days.

If the reason is a production need at the initiative of the employer, the corresponding decree is first issued.

The employee must be familiarized with it and receive it in their hands.

The law also obliges the employer to reschedule the holiday if:

• vacation payments were not made 3 days before its start;
• the employee was not notified about the start of the holiday 2 weeks in advance;
• the employee performed any state duties (for example, he worked in the election commission).

unified form to prepare a document on changing the vacation schedule does not exist. Therefore, HR staff can on one's own prepare type specimen or write free text.

The decree consists of:

The document may include instructions HR department specialists on making changes to the previously approved schedule.

Examples

Changing the vacation schedule at the initiative of the employee is possible in the event agreements sides. If the employer against changes in terms, the law will be on his side and the employee will go to rest in accordance with schedule.

The same rules apply to schedule changes. by family circumstances.

Decree on the transfer of rest to another period - sample preparation:

ORDER No. 452/1

Based on the personal statement of the advertising manager Sukhushina V.R.

I order

reschedule annual paid leave Sukhushina The.The. from May 05 to May 20, 2015 for the period from June 08 to June 24, 2015. HR manager Ilinykh G.P. change the schedule according to the order.

Director Peremitenko V.D.

Familiarized with the order:

HR manager Ilinykh G.P.

What to do if an employee happens to get sick or get hurt? Employer gives him the right extend vacation pay, or reschedule them, in advance by agreeing on a date. The basis of the decree will be, with the attached certificate of incapacity for work.

carried over then the number of days of incapacity for work, which took place during the holiday period.

For example, the head of the AChE Glazyev I.Kh. was on vacation from August 24 to September 20, 2015. On September 9, he was injured, the sick leave was closed on September 23. On September 24, Glazyev went to work, provided a certificate of incapacity for work and wrote an application to reschedule parts of the vacation days. The period of illness was 16 days, 12 of which fell on the rest.

Order on the transfer of rest in connection with a sick leave - sample preparation:

ORDER No. 234/7

About postponing vacation

I order

to transfer the main paid vacation of the head of the ACHCh Glazyev I.Kh. duration of 12 (twelve) calendar days for the period from 13 to 25 October 2015.

Reason: personal statement of the head of the AChE I.Kh. Glazyev, temporary disability certificate 0072513 dated 09/09/2015.

An exception to the rule will be the case when the specialist goes on vacation followed by dismissal and falls ill or gets injured. Move days it is forbidden.

Regardless of the approved schedule, pregnant an employee can exercise the right to another rest before or after going on sick leave for pregnancy and childbirth.

Even if she did not work the organization has the prescribed 6 months or decided to take vacation days “in advance” (“earned” 26 days out of 28, but can write an application for 28), the employer not entitled refuse her.

There will be no special features, the document is being drawn up in the usual way.

Production need may be the basis for changing the vacation schedule not for all categories of workers.

The exception will be:

• minors;
• pregnant women;
• employees working in hazardous industries.

The employee must take vacation days during a year from the day the schedule was changed.

For example, an institution must undergo accreditation, which coincides in terms with the vacation of a lawyer. The presence of a lawyer at the workplace is mandatory and the director decides whether to allow changes to the schedule at the request of a specialist.

Compilation sample (separate file can be downloaded below):

ORDER No. 452/1

Due to production needs

I order

To transfer the main paid leave to the lawyer Yun A.V. from May 01 to May 20, 2015 with a duration of 25 days for the period from June 01 to June 20, 2015.
HR Manager Ilinykh A.P. change the vacation schedule in accordance with the order.
To acquaint with the order of the lawyer Yun A.V.
Director Peremitenko V.D.

Familiarized with the order:

HR Manager Ilinykh A.P.

Shelf life

Orders to postpone the leave of employees are subject to compulsory registration in the register of orders for personnel. stored 5 years.

We emphasize that we can only transfer main vacation. For additional or training this is the rule does not apply.

It is not so difficult to comply with all the formalities when processing documents. It is more important that all parties are able to reach an agreement without conflict. Then the vacation will become a long-awaited reward for the employee and will not cause a headache for the employer.

Leaving for the main vacation is determined by the order established in. The transfer is possible in cases stipulated in labor laws, as well as with the mutual consent of the employer and employee. When can you reschedule vacation according to the schedule, what to do if sick leave occurs during vacation? What documents need to be issued to transfer the main vacation? The article provides step-by-step instructions for the actions of the employee and the employer to postpone the vacation period, as well as forms and samples of filling out documents that need to be completed by both parties - an application for postponing the vacation and an order.

See vacation pay calculator.

The transfer of vacation must be documented, changes to the T-7 schedule can only be made if there is documentary justification. In general, the transfer procedure can be divided into 4 steps.

Step by step design instructions:

1. Writing by the employee or consent to this action;
2. Preparation by the employer of an administrative paper on the transfer;
3. Making changes to the current T-7 schedule;
4. Making changes to the personal card employee T-2.

Read more about each step in the article below.

To correctly arrange the transfer, you need to know the cases in which this can be done. For correct design the reasons for this action. AT this case you should refer to article 124 of the Labor Code of the Russian Federation, which is also devoted to the transfer of the vacation period. This article defines the list of cases when the employer is obliged to postpone the rest period.

When can a vacation be postponed at the request of an employee?

In 124 Art. The Labor Code of the Russian Federation spelled out cases of possible transfer of the vacation period to another period. The initiative may come from the employee or the employer.

Reasons for postponing leave at the initiative of the employee:

• Finding an employee on sick leave - if at this time the employee is resting, then the vacation is either extended or postponed. The transfer of vacation due to sick leave is the most common reason for changing the vacation period, this is done on the basis of. Sick leave during vacation allows it to be rescheduled only if it is open due to the disability of the vacationer himself, and not his family members;
• Implementation of labor state duties during vacation;
• The onset of the moment when the right to appear at the time of being on the main vacation can either be interrupted labor leave with its subsequent transfer to another date, or take it to the end and draw up a decree at a later date;
• At the initiative of the employee - if the employer did not pay vacation pay on time (no later than 3 days before the 1st vacation day) or did not notify the beginning of this period 2 weeks in advance, then the employer, at the request of the employee, is obliged to issue a postponement for a period agreed by the parties , as a rule, family circumstances of an unplanned type are indicated as the reason;
• Other cases specified in legislative acts, and are also set by the employers themselves by internal local documentation.

Reasons for postponing leave at the initiative of the employer

The reason for making changes to the schedule may be not only the personal desire of the employee, unforeseen circumstances, but also the initiative of the employer. As a rule, this is a production necessity.

These are exceptional situations when the employer cannot release the employee for a well-deserved rest due to a threat normal operation enterprises (the consent of the worker to the postponement of the vacation period is necessary) - it is important that the transfer of vacation due to production needs is carried out for a period no later than 12 months from the expiration of the working year for which the vacation should be granted.

If within two years the employee does not rest, then he, however, the employer may face a fine for non-compliance with labor law.

When is vacation transfer not possible?

Failure to provide basic paid leave is not allowed:

• for consecutive two years;
• failure to provide persons of minor age (up to 18 years);
• workers in adverse conditions(harmful and dangerous).

Violation by the employer of these prohibitions entails the imposition of administrative liability on him:

• For the first detected violation - 1000-5000 rubles. on the executive and IP, 30,000-50,000 rubles. to the organization;
• For a repeated violation - 10,000-20,000 rubles. for an official and individual entrepreneur, 50,000-70,000 rubles. to the organization.

How to transfer a vacation - step by step instructions

The procedure consists of the following steps:

1. Receiving a statement from an employee;
2. Issuance and approval of the order;
3. Editing vacation schedule;
4. Fixing the corresponding entry in the personal card, if necessary.

Sample application for transfer

The first step of this instruction is to receive an application from the employee. It is imperative to obtain a document from the employee, by signing which he will confirm the intention or consent to postpone the work holiday for another period. Sample applications for various reasons transfer can be downloaded free of charge below.

Depending on the reason for the transfer, the content of the text of the application may vary, explanations are collected in the table below. In general, the form in any case must contain the details of the person to whom it is addressed (data about the employer), from whom it is drawn up (data about yourself), title and heading, signature and date.

Reason for transfer	What to write in the text of the application
Hospital employee during vacation	A personal request for the postponement of vacation due to sick leave, indicating the reason and the desired period for granting labor rest. The application contains the details of the disability certificate, the original sick leave certificate is attached to the application.
Fulfillment of state obligations during the vacation period	A personal rescheduling request containing the reason, start date, and end date for the rescheduled vacation. The annex contains the details of the document confirming the fulfillment of these obligations.
Vacation pay not paid on time Leave not granted on time The employee was not warned about the start date 2 weeks in advance	Request to reschedule the vacation, indicating the reason and the desired dates, limiting the period of grant. No documentary evidence is required to be attached to the application.
Employer's initiative due to operational necessity	Consent to the transfer, indicating the first and last day postponed vacation as agreed by the parties. Documents do not need to be attached.
Employee initiative (personal and family circumstances and desires)	Transfer request indicating good reason if there are documents confirming the reason, then they must be attached. Postponement of family leave is possible if the employer considers the reason important enough and agrees to amend the T-7 schedule.

Sample order to postpone vacation according to the schedule

second step step by step instructions on registration of the transfer of the vacation period is the formation of an administrative document based on the application of the employee.

The order is binding document with the order of the head, on the basis of which the transfer and amendment of the T-7 schedule is carried out.

The order can be issued in free form, there is no standard form. An example sample can be downloaded for free just below in word.

What should be included in the transfer order:

• Company name (you can issue a document on letterhead enterprises);
• Document title and title;
• Publication date;
• Number assigned during registration in the journal;
• The basis for issuing the order form and the reason for its preparation. As a basis, you can specify an article of the Labor Code of the Russian Federation, the reason is taken from the application form received from the employee;
• An order to reschedule the vacation period indicating a new start and end date, if the dates are not determined, then it is indicated in the order form that the rescheduling dates will be determined later on the basis of an application from the employee;
• Details of the document of the basis for the formation of the order - the statement of the employee;
• Approving signature from the head of the company;
• Acknowledgment signature from the employee whose vacation is subject to transfer to another period.

The approved order must be brought to the attention of the future vacationer. If this is not possible, then an appropriate entry is made on the order form.

Sample order to postpone the vacation according to the schedule - (in connection with the sick leave of the employee).

Changing vacation dates in the vacation schedule

Schedule T-7 is a form in which the vacation periods of all employees are distributed. If any employee changes the period of rest, then you need to make changes to the T-7 form.