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First vacation after getting a job. Is it possible not to go on vacation?

The answer to the question is can an employer refuse to allow vacation?, lies in the depths of labor law. There are situations when an employee planning a vacation may receive a justified refusal. But there are always cases when the manager is obliged to give leave upon request. An analysis of the articles of the Labor Code will help you figure out whether there are violations of the law at a particular enterprise and what to do if they don't let you go on vacation.

How to get a vacation without problems as a general rule

Main holiday

There are two main approaches to booking a vacation. Let's see in each individual case.

Rest according to schedule

The employee is going on vacation according to the established vacation schedule. The management believes that for a number of reasons this vacation will harm the company's production activities. But is it possible not allowed to go on vacation as scheduled? You can deny a subordinate such rest if:

obtain the employee’s consent to move the vacation to another time;
draw up, in accordance with all the rules, a personnel order to postpone vacation;
record the adjustments made in the vacation schedule.

But, what to do if you are not allowed to go on vacation as scheduled without any explanation? If the manual must be allowed on vacation according to schedule, then the employee may simply not show up for work on the first day of vacation and there will be no violation of this. Moreover, even if one of the managers did not agree with the leave, he did not put the “agree” resolution on the leave application. Moreover, you can go on scheduled leave without applying, in principle. However, this comes with some risks. So, for example, an employer may not pay vacation pay on time. For more information about this, see "". Also, if you go on vacation as scheduled and don’t even inform management about it, conflict situations cannot be ruled out. Despite the fact that the employee obliged to go on vacation.

Vacation on personal request outside of schedule

It happens that an employee has an acute craving or an inevitable need to take a vacation during a period other than the dates previously planned and indicated in the schedule. Then he writes an application for leave, but he must know: in this situation, the manager has every reason to refuse. And this will not at all contradict the norms of labor law.

Can a manager refuse to let you go on vacation? Yes, it can, if the vacation is not planned in the vacation schedule.

Unscheduled vacations are permitted only with the approval of the employer's management. If, after submitting an application, but without obtaining an approving visa and without signing the appropriate order, a person does not go to work, this may be regarded as absenteeism. Which gives a reason to say goodbye to such a subordinate (Article 193 of the Labor Code of the Russian Federation). And he will be able to appreciate all the delights of the process of imposing this disciplinary measure on himself.

When you can't refuse a vacation

A number of employees cannot be given leave under any circumstances. Let's list them:

Women in labor before maternity leave and immediately after it, or at the end of maternity leave.
This type of leave must be given and paid every year. The right to it is secured by Article 260 of the Labor Code of the Russian Federation. It is issued at the request of the employee. Refusal is not possible.
Men whose spouses will soon give birth and are resting due to this(Labor Code of the Russian Federation, Article 123).
Employees who are currently working and gaining new knowledge.
The law guarantees such persons paid rest in addition to the basic one. The source document for its execution is a special certificate of summons from a college or university (Labor Code of the Russian Federation, Articles 173-176).
One of the parents whose permanent work takes place in the northernmost regions of the country or in an area of similar status.
Trustees and guardians can also act as parents. Such leave is required if there is a need to accompany a person under 18 years of age to another locality in the hope that he will enter a college, institute, etc. (Labor Code of the Russian Federation, Article 322).

Rest at the right time: who has the right?

Let's find out Can an employer refuse to allow you to go on vacation? employee at a suitable time? As a general rule, definitely yes. If the relevant dates are not reflected in the schedule. But there are a number of exceptions from the general procedure for registering vacations.

Let's list those who are entitled to leave at a time convenient for them (Labor Code of the Russian Federation, Article 123):

An employee under the age of 18.
Such workers can take 31 calendar days off (Labor Code of the Russian Federation, Article 267). And they can choose a time convenient for themselves.
Families of one man or woman with two or more children under 12 years of age.
Such categories of employees have a preferential right to choose a vacation period during hot weather or other suitable times for them (enshrined in Soviet labor legislation and continues to be in effect today).
Employees who previously had to be called back from vacation.
Such employees, whose annual paid vacation was reduced by an official call for business reasons, are given the choice: to use the “tail” of vacation whenever they wish during the year. Although, if they wish, they can add the remainder of the days they have not taken off to the future vacation of the coming year. (Labor Code of the Russian Federation, Article 125). Also see "".
Part-timers.
If an enterprise has employees registered as part-time employees, they have the legal right to take leave during the period when they were given it at their main place of work (Labor Code of the Russian Federation, Article 286). Also see "".
Parent (guardian, guardian) of a child with a disability under the age of 18(Labor Code of the Russian Federation, Art. 262.1)
Wives and husbands of military personnel
These categories of workers can count on vacation at the same time as their significant other (Law on the status of the military No. 76-FZ of May 27, 1998, paragraph 11 of Article 11).
Employees who have donated blood many times and received the corresponding national status(Law on blood donation No. 125-FZ of July 20, 2012, clause 1, part 1, article 23).
Some people associated with the Chernobyl disaster(Law on guarantees to Chernobyl victims No. 1244-1 of 05.15.1991, paragraph 5 of Art. Also see "".

In defiance of superiors

Please note: even if you are fired, the court will immediately reinstate you in your previous position. In addition, the labor inspectorate will come to your defense. The employer will be obligated (subparagraph “e”, paragraph 39, resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, Articles 234 and 237 of the Labor Code of the Russian Federation):

reinstate the employee in his position based on a court decision;
pay average earnings for forced absence;
pay moral compensation (at the discretion of the court)

Mandatory holiday, but no pay

Legal norms that consolidate this right and outline the range of categories enjoying such a privilege are scattered throughout the Labor Code of the Russian Federation and special legislative acts. For clarity, we have collected the most important information in the following table.

Employee categories	Vacation options	The legislative framework
Working pensioner (old age pension)	Up to 14 calendar days every year	Art. 128 Labor Code of the Russian Federation
Employee with a disability	60 calendar days per year
A subordinate who: got married; became a father/mother; lost a close family member.	Maximum 5 days per year per occasion
War disabled	Up to 60 calendar days annually	Law No. 5-FZ of January 12, 1995, sub. 17 clause 1 art. 14 and clause 11 clause 1 art. 16
Combat veteran	35 calendar days during the year
Outside police officer, people's vigilante	Maximum 10 days annually	Law No. 44-FZ of April 2, 2014, Part 3 of Art. 26
Full holder of the Order of Labor Glory, Hero of Socialist Labor	Three weeks annually	Law No. 5-FZ of 01/09/1997, Part 2 of Art. 6
Heroes of Russia, Soviet Union	Up to three weeks throughout the year	Law of the Russian Federation No. 4301-1 of January 15, 1993, paragraph 3 of Art. 8

Keep in mind: The data in the table is not exhaustive. It outlines the most common cases of applying for leave, which may not be paid. At the same time, from this table you can understand which employees the employer cannot refuse leave without pay. The employer cannot refuse to place such employees on vacation.

Employees of organizations are entitled to various types of vacations. Each of them can be of a certain duration. Leave is granted according to the order of the institution. And the basis for its release is the employee’s statement. Consider for annual leave.

How many days in advance should you write?

The time frame for writing an application for the next vacation varies from three days to two weeks. What is this connected with? The defining factor is the scale of the enterprise. So that every employee can rest, and the company does not lose its workforce, the human resources department must draw up a vacation schedule for the next year. Two weeks before the deadline approaches, the HR department employee is required to notify the employee in writing. Next, the latter writes an application for annual leave, on the basis of which an order is issued and vacation pay is paid.

You can write an application three working days before your legal holiday. This period of time is necessary for the accounting department to have time to accrue vacation pay.

Sample applications for annual leave should always be kept in the HR department.

How to write correctly?

The application can be written either by hand or printed on a computer. The document form is as follows:

A cap. In the upper right corner you must indicate to whom and from whom the application is being written. The employer's position, his last name, first name, patronymic, and name of the organization are written down. The applicant indicates his details and place of work.
Title. In this case - a statement.
Text. It must contain a direct appeal to the manager for the next annual leave, its start date indicating the period. If this is another type of leave, the reason for granting it must be indicated.
Date, signature.
Coordination. On the application, if this is provided for in the company’s document flow, the immediate supervisor signs a visa, which means approval of the requested leave.

An employee can also divide the rest days into parts and take the first half of the next vacation in one period, and the second in another. This must also be documented. Sample applications for annual leave are presented in the article.

Unpaid leave. Transfer

An application for unpaid leave is written when the main one is still far away, and the employee needs to resolve any issues. The form of address itself is practically no different from the previous one. Only the text changes. Here you need to indicate the reason why unpaid leave is required. You can indicate a general one - for family reasons, or you can also indicate a specific one - in connection with departure, in connection with preparations for a child’s event, etc.

The employee must remember that those days for which time off is provided are not paid by the company.

If an employee wishes to postpone the established date of annual leave, he must agree on this fact with management and also write a corresponding application. Its shape is the same as shown above. It is better to indicate the clear reason for the transfer in the text of the appeal, so that the application is approved and signed by management. This could be combining a vacation with a spouse, purchasing a voucher, family circumstances, etc.

Sample applications for annual leave with a postponement of the date, as well as for unpaid leave, are presented in the proposed material.

Additional leave

Additional leave is regulated by Article 116 of the Labor Code of the Russian Federation. In some cases, the employer, under the terms of the collective agreement, provides it to certain categories of employees. But there are positions for which additional annual leave is required in addition to the main annual leave. These include:

judicial officers, internal affairs officers, rescuers, astronauts, military personnel;
construction workers;
workers extracting minerals (salt, ore, shale) and transporting them;
metallurgical workers;
employees of electricity supply companies;
professional athletes and coaches;
workers of the Far North and persons who may be exposed to radiation;
municipal employees.

The fact of providing additional leave must be specified in the company’s internal regulations and in the collective agreement. How should additional vacation be paid? Annual, it is provided by the employer in the same manner as the main one. And also paid.

In addition, if an employee does not want to take additional vacation, he can write for unused vacation exceeding 28 calendar days.

03 June 2016 Views: 9824

Question answer. We're going on vacation. How to arrange everything correctly?

The holiday season has begun. What leave rules must employees and employers follow? We answer the main questions.

Vacation schedule

Write down the order in which employees go on vacation in the vacation schedule. To complete it, use form No. T-7 or a self-developed form.

When planning a schedule, take into account the specifics of the organization’s activities: technological features, periods of decline and activity in work. The law does not require taking into account the wishes of all employees without exception. If the organization has a trade union, then its opinion must be taken into account when drawing up the schedule.

The schedule is drawn up once a year for the calendar year. The vacation schedule for the new year must be approved no later than December 17 of the current year. A new organization does not need to approve a schedule for the year in which it was created.

The vacation schedule is signed by the head of the HR department and approved by the head of the organization.

Compliance with the approved schedule is mandatory for both the employer and employees.

This is stated in Article 123 of the Labor Code of the Russian Federation.

A newly created organization must draw up a vacation schedule in the general manner - no later than two weeks before the start of the next calendar year, that is, no later than December 17 of the current year.

It is not necessary to draw up a vacation schedule for the year in which the organization was created. In the year the organization is founded, its employees will go on vacation not according to the vacation schedule, but according to applications, taking into account the minimum length of service that gives the right to vacation. At the same time, if the organization was created at the beginning of the year and the staff was formed, then, if desired, it has the right to draw up a vacation schedule ahead of schedule. It will make it possible to regulate when employees go on vacation after six months of work; it is at this time that employees, as a general rule, have the right to vacation (Part 2 of Article 122 of the Labor Code of the Russian Federation).

Attention: for refusing to comply with the schedule, the employer can be held administratively liable for violating labor laws, and the employee can be subject to disciplinary action. The courts also point to this, see, for example, the resolution of the Presidium of the Court of the Khanty-Mansiysk Autonomous Okrug - Ugra dated November 6, 2015 No. 44G-53/2015.

How far in advance must an employee write an application for annual leave?

The legislation does not regulate this period.

This is because it is not necessary. The basis for granting leave outside the schedule (i.e., upon application) is not the application itself, but the agreement between the employee and the employer to provide leave within the time limits specified in the application. Therefore, the employer, based on the actual production situation, can either accept the employee’s application and release him on vacation, for example, in a week, or refuse to provide vacation, even if the employee submits the application a month before the expected date of vacation.

At the same time, in order to streamline personnel procedures in the organization, the employer can independently determine in local documents the minimum period within which an employee should be notified of his desire to go on vacation. When setting such a period, it is necessary to take into account:

the employer's obligation to comply with the minimum three-day period for payment of vacation pay;

the time required to find a suitable replacement for an employee during his absence.

Based on the above, the employer can determine such a period, for example, two weeks, drawing an analogy with the situation when an employee takes vacation according to the schedule and the employer notifies him of this no later than two weeks in advance. At the same time, when adding such a condition to a local act, it is necessary to make a reservation that it will not apply to employees who are granted the right by labor legislation to take leave at the time they require, without taking into account the opinion of the employer (Articles 122, 123 of the Labor Code of the Russian Federation).

The validity of such conclusions follows from the totality of the provisions of Articles 8, 123, 136 of the Labor Code of the Russian Federation.

Application for leave

If an employee takes another vacation according to a schedule that specifies the exact start date of the vacation, it is not necessary to write a vacation application. If an employee wants to go on vacation on days other than those indicated in the schedule, or the schedule does not contain the exact start and end dates of the vacation, then he must write an application in any form.

An application is also required if a vacation is taken by a new employee who was hired after the schedule was approved.

How to indicate in a vacation order the period of work for which the employee is granted vacation

In a vacation order, in the column “for the period of work,” you must always indicate the individual working year of the employee for which he is granted vacation.

For each year of work, an employee has the right to leave (Article 122 of the Labor Code of the Russian Federation). In the vacation order, you must indicate as the period the working year for which the employee uses the vacation (letter of Rostrud dated June 14, 2012 No. 854-6-1). This can be either the current working year or earlier ones if the employee has accumulated unused vacations from previous years.

The working year, as a rule, is not equal to the calendar year. Because the beginning of the first working year is counted from the moment the employee is hired. For example, if an employee got a job on December 1, 2014, then his first working year is generally the period from December 1, 2014 to November 30, 2015. The second working year is from December 1, 2015 to November 30, 2016, etc.

However, the working year may be shifted if there are periods during that year that do not qualify for holiday. For more information about the rules for determining the working year in such cases, see How to calculate the working year if the employee had periods that are not included in the length of service when determining the right to leave.

Regardless of how the working year turns out: standard or extended, always reflect it in full in the vacation order. The same rule applies regardless of how the leave is granted:

in advance or not;

completely for the whole year or partly.

How to indicate the period of work in a vacation order if the employee has unused vacations for several years. Vacation is provided only for one year

Annual paid leave can be transferred to the next year due to production needs: if the provision of leave will adversely affect the work of the organization (Part 3 of Article 124 of the Labor Code of the Russian Federation). In this case, annual leave for previous working periods can be provided either as part of the leave schedule for the next calendar year, or by mutual agreement between the employee and the organization’s administration. Labor legislation does not contain provisions providing for the use of vacations for working periods in chronological order.

Thus, in the vacation order, in the column “for the period of work,” you can indicate both the working year for which the employee is entitled to regular vacation according to the vacation schedule, and the working year for which the employee has not used vacation previously. A similar point of view is shared by Rostrud in letters dated June 14, 2012 No. 854-6-1 and dated March 1, 2007 No. 473-6-0.

At the same time, in order to consistently pay off vacation debt, it is still recommended to close the working years in order: from earlier to later.

How to fill out a vacation schedule if an employee quits without taking a planned vacation

The specific procedure for reflecting in the vacation schedule for employees who did not take their vacation and quit during the year is not established by law.

In practice, the following design option is used. If an employee quits without taking the planned vacation, then there is no need to fill out columns 7-9 of the vacation schedule using the unified form No. T-7, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. At the same time, record the fact of dismissal and payment of compensation for unused vacation. To do this, in column 10 “Note” of the vacation schedule, make, for example, the following entry: “Dismissed, compensation paid, dismissal order No. 234-K dated 10/15/2014.”

If an organization uses a vacation schedule according to an independently developed form, then a similar approach can be used.

How to transfer an employee's vacation

The vacation date approved in advance in the schedule can be postponed by agreement between the employee and the employer. Moreover, both parties can initiate such a transfer.

In particular, an employee may request to reschedule leave, and the employer will be obliged to fulfill such a requirement in cases where:

during the annual paid leave, the employee performed government duties, if by law he is released from work during the performance of these duties;

the employee was not paid vacation pay on time or was notified of the vacation less than two weeks before it began.

In addition, transferring vacation to another time is allowed:

if an employee falls ill during annual paid leave;

if the provision of leave may adversely affect the normal course of work of the organization. In this case, the employee must use the transferred leave no later than 12 months after the end of the working year for which it was provided. The exception is civil servants, for whom this rule applies with restrictions;

in other cases provided for by law or local regulations of the organization. For example, when an employee is recalled from the main leave, when leave is granted early to certain categories of employees specified in Part 4 of Article 122 of the Labor Code of the Russian Federation.

This follows from the provisions of Article 124 of the Labor Code of the Russian Federation.

Attention: civil servants have limited ability to carry over their vacation to the next working year, even if this would adversely affect the institution.

If the vacation period changes at the initiative of the employee, then he must write a statement indicating the reason for the transfer.

If the initiator of the transfer of leave is the employer, then he must send the employee a corresponding notice with a request to express his consent or refusal to transfer.

If both parties agree to postpone the vacation, then the personnel service employee issues an order to transfer the vacation in any form and makes appropriate changes to the vacation schedule (instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). There is no need to approve the new edition of the schedule. The form of the schedule itself allows you to make all the necessary adjustments, namely updated vacation dates (columns 8 and 9 of form No. T-7).

If the transfer of leave occurs after the order to grant it has been issued and Section VIII of the employee’s personal card has been filled out, the information entered in the card should be clarified. The procedure for making corrections to this section of the card is not established by law, so the employer can make changes in any form.

VIII. VACATION

Type of vacation (annual, educational, without conservation salary boards and etc.)	Work period		Quantity calendar days vacations	date		Base
	With	By	Quantity calendar days vacations	started	graduation	Base
1	2	3	4	5	6	7
Annual basic paid vacation	01.08.2010	31.07.2011		04.04.2011	17.04.2011 10.04.2011	Order from 21.03.2011 № 13, Order from 18.04.2011 № 15

What to do if an employee refuses to sign a vacation schedule

If an employee refuses to sign the vacation schedule or the acquaintance sheet, then the employer is recommended to record such refusal in an act in any form, indicating all the circumstances of the refusal. Such a refusal is not a basis for revising the vacation schedule and postponing vacation for the employer and does not relieve the employee of the obligation to comply with the schedule (Part 2 of Article 123 of the Labor Code of the Russian Federation). It only confirms that the employer familiarized the employee with the schedule, but he refused to confirm this fact with his signature.

Before the start of a scheduled vacation, the employer will need to notify the employee of its start in accordance with the general procedure.

What documents must an employee submit to apply for annual leave before maternity leave?

In addition to applying for leave, the employee must provide a certificate of pregnancy.

The employer is obliged to provide annual paid leave to a pregnant woman at her request, regardless of the length of service in the organization or the planned vacation dates in the vacation schedule (Articles 260, 122 of the Labor Code of the Russian Federation). To be granted annual paid leave, a woman must submit an application, attaching a document confirming her pregnancy, for example, a certificate from a medical institution or antenatal clinic (letter of Rostrud dated March 18, 2008 No. 659-6-0).

The employer can refuse to provide leave in the described situation only if the employee has already used all annual leave, including for the current working year in advance.

Can an employer establish a ban on employees going on vacation in certain months or other periods of the year due to the peculiarities of the technological process and the specifics of the organization’s activities?

It may, but such a restriction should not apply to those categories of employees who can use vacation at the time they need without taking into account the opinion of the employer.

When drawing up a vacation schedule, the employer must take into account the specifics of the organization’s activities and, if possible, the wishes of the employees. If the organization has a trade union, then when drawing up the schedule, the opinion of the trade union must be taken into account. This is stated in Article 123 of the Labor Code of the Russian Federation.

If an organization has objective reasons not to provide employees with vacation in certain months of the year, for example, the technological process does not allow them to suspend work, or there are peak periods of activity, then the employer has the right to take this into account when drawing up the vacation schedule for the next year and simply not give employees vacation during these periods. months. In addition, the condition about the impossibility of using vacation during certain periods can be fixed in a local act of the organization, for example, a regulation on vacations, so that when hired, employees are immediately familiar with this condition (Article 8 of the Labor Code of the Russian Federation).

However, this rule will not apply to employees who are granted the right by labor legislation to take leave at the time they need, without taking into account the opinion of the employer (Articles 122, 123 of the Labor Code of the Russian Federation). And when adding the corresponding condition to the local act, it is also necessary to make a clause about such exceptions, otherwise the provision on the prohibition of taking vacation during certain periods may be invalidated.

An organization may also refuse to provide employees with leave if its start date falls during a period of increased workload in the accounting department. For example, from the 1st to the 5th of the current month, accounting employees calculate salaries for the previous month and there is no time to calculate vacation pay

This condition, if necessary, can be enshrined in a local act. This follows from the provisions of Articles 8 and 123 of the Labor Code of the Russian Federation.

Can an employee refuse annual leave, which is set according to his schedule, if he has received notice of layoff?

No, he can not.

The vacation schedule is mandatory for both the employer and employees (Parts 1 and 2 of Article 127 of the Labor Code of the Russian Federation).

Labor legislation does not provide for such an opportunity for an employee to refuse scheduled leave. The Labor Code of the Russian Federation establishes only the grounds for postponing vacation to another time (Article 124 of the Labor Code of the Russian Federation). However, notification of the upcoming reduction is not the basis for such a transfer. If a redundant employee refuses to go on vacation according to the approved schedule, the employer may bring him to disciplinary liability for failure to fulfill his job duties (Article 192 of the Labor Code of the Russian Federation).

At the same time, the employee can agree with the employer to postpone his vacation to a later date than the date of staff reduction. In this case, upon dismissal, the employer will pay the redundant employee compensation for unused vacation days.

Can an employee submit one application for several vacations?

Yes maybe.

As a general rule, vacation is granted according to a schedule (Article 123 of the Labor Code of the Russian Federation). At the same time, the legislation allows, if necessary, the postponement of vacation, dividing vacation into parts and granting vacation by agreement - in relation to those employees who were hired after the approval of the vacation schedule. In these cases, an application is required from the employee, and the procedure for filing applications is not regulated by the Labor Code of the Russian Federation. The above allows us to conclude that one vacation application can be drawn up for different periods, that is, for several vacations.

At the same time, for the convenience of personnel production and decision-making by the head of the organization for each vacation period, we recommend that you separately ask the employee to fill out several applications - for each of the periods. Moreover, if an employee refuses to rewrite the application, then the employer has no reason not to accept a single application for several vacations.

Is it possible to indicate in the vacation schedule not specific dates, but the month of the expected vacation?

The detailed procedure for recording the time schedule for an employee to go on vacation, indicating a specific date of the month or indicating only the month, is not established by law.

The order of provision of paid vacations is determined annually in accordance with the vacation schedule, which is approved by the employer no later than two weeks before the start of the calendar year (Part 1 of Article 123 of the Labor Code of the Russian Federation).

If the organization draws up a vacation schedule according to the unified form No. T-7, approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1. In the Instructions for the use and completion of forms of primary accounting documentation, there are no explanations as to how the planned time of provision should be indicated vacation.

At the same time, in column 6 of form No. T-7 itself it is indicated that it should indicate the “planned date” of going on vacation. Therefore, when drawing up a vacation schedule, it is more logical to indicate exactly the specific date the employee goes on vacation or several dates - when dividing the vacation into parts. By indicating the exact date in the vacation schedule, there is no need to require the employee to apply for vacation - when the time for rest comes, the HR employee will only need to prepare a vacation order. If you indicate only a month, then in order to determine the exact date of going on vacation, you will need to agree on it with the employee.

If an organization uses an independently developed schedule form, then it has the right to supplement it with any lines and columns. However, it is still recommended to use the same approach as when drawing up a schedule using a unified form.

Regardless of whether the exact date of the employee going on vacation is known or only the month of the proposed vacation, the employer is obliged to notify the employee against signature of the start time of the vacation no later than two weeks before it begins (Part 3 of Article 123 of the Labor Code of the Russian Federation). If the employer knows only the month the employee is going on vacation, then formally he must notify the employee about the upcoming vacation no later than two weeks before the start of this month.

Based on the above, it follows that it is not prohibited to indicate in the vacation schedule only the month of the intended vacation. However, in practice this is not very convenient, since in the future you will have to additionally agree with the employee on a specific start date for the vacation.

Is it possible to bring an employee to disciplinary action for refusing to go on vacation as scheduled?

Yes, you can, unless there are valid reasons for postponing your vacation.

The order of provision of annual paid leave to employees is established by the vacation schedule (Part 1 of Article 123 of the Labor Code of the Russian Federation). Compliance with the schedule is mandatory for both the employee and the employer (Part 2 of Article 123 of the Labor Code of the Russian Federation).

In a situation where there are no objective reasons for postponing vacation to another date, the employee is obliged to use the vacation within the period specified in the schedule. In this case, the employer is obliged to notify the employee in writing about the upcoming vacation no later than two weeks in advance and pay vacation pay no later than three days before the start of the vacation (Part 3 of Article 123, Part 9 of Article 136 of the Labor Code of the Russian Federation).

An employee’s refusal to take scheduled leave in the absence of valid reasons can be regarded as a violation of labor discipline, which means that the employer can bring the employee to disciplinary liability (Article 192 of the Labor Code of the Russian Federation).

Is it necessary to include external part-time workers in the vacation schedule?

Yes need.

An external part-time worker is an employee of the organization in which he works part-time (Article 15, 60.1 of the Labor Code of the Russian Federation). The vacation schedule is drawn up for all employees of the organization, including external part-time employees (Article 123 of the Labor Code of the Russian Federation).

Since leave for a part-time worker must be granted simultaneously with leave for his main job, the employer of an external part-time worker needs information about the planned time of leave for his main job (Part 1 of Article 286 of the Labor Code of the Russian Federation). To do this, the part-time employer may ask the employee to provide an extract from the vacation schedule or a corresponding certificate from the main place of work or send an official request for such documents to the main employer.

Advice: if you cannot obtain information about leave from your main place of work for one reason or another, then indicate in the schedule the approximate dates of the employee’s leave.

At the same time, add a comment in the “Note” column of the schedule form, for example: “The dates are approximate, vacation is granted simultaneously with vacation for the main job.”

Is it necessary to indicate information about unused vacations for previous years in the vacation schedule?

This is possible, but there is no obligation, so in practice each employer decides the issue at his own discretion.

The order of provision of paid vacations is determined annually in accordance with the vacation schedule, which is mandatory for the employee and the employer (Article 123 of the Labor Code of the Russian Federation). In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, 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 (Article 124 of the Labor Code of the Russian Federation).

In order to prevent violations of labor laws, unused vacation for the past year can be included in the vacation schedule for the current year for clarity. The validity of this approach is also confirmed by Rostrud specialists in letter No. 473-6-0 dated March 1, 2007. The letter states that annual leave for previous working periods can be granted either as part of the vacation schedule for the next calendar year, or by agreement between the employee and the employer (i.e., without including these days in the current schedule).

If the organization decides to reflect the unused part of last year’s vacation in the current schedule, then the design will look like this. For example, an employee is entitled to basic leave of 28 calendar days. In 2015, he only used 21 days of vacation. In the vacation schedule for 2016, indicate to the employee not 28 calendar days of vacation, but 35 days (28 days + 7 days). At the same time, in the “Note” column of the vacation schedule, make a note about the number of days added, for example, “7 days for 2015.” This procedure follows from section 1 of the instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

The period for providing unused vacation days must be agreed upon with the employee. The employer does not have the right to include such vacation days in the schedule at its discretion.

Is it necessary to include in the vacation schedule employees who are on maternity leave, maternity leave, or who are just planning to go on these vacations starting in the new year?

Only necessary if such employees plan to end their special leave and use annual leave in the following year.

The vacation schedule establishes the order of provision of paid vacations for the next year. Therefore, all employees of the organization who, at the time of drawing up the schedule, are entitled to annual paid leave in the next year must be included in it.

Employees who are on parental leave, maternity leave, or are just planning to go on this leave in the new year, in general, do not apply for annual leave. This is explained by the fact that the law does not provide for the possibility of being on two types of leave at the same time. Moreover, a long period of parental leave is not included in the length of service that gives the right to annual leave (Article 121 of the Labor Code of the Russian Federation).

Reflection of other types of vacations, in addition to annual ones, in the schedule is unacceptable (Article 123 of the Labor Code of the Russian Federation). Thus, if an employee plans to continue to be on leave related to pregnancy and child care, and does not apply for annual leave, then there is no need to include it in the schedule.

Tip: employees who are on maternity leave or maternity leave can be reflected in the vacation schedule if desired. However, in this case, the “Date of Leave” columns are left blank, and in the “Note” column it is indicated that the employee is on maternity leave or maternity leave.

It must be borne in mind that if an employee wishes to take annual paid leave before or immediately after maternity leave or at the end of parental leave, the employer will be obliged to provide such leave, provided that the employee is entitled to it, regardless depending on whether it is included in the schedule or not. This conclusion follows from the totality of the provisions of Articles 123 and 260 of the Labor Code of the Russian Federation.

Is it necessary to include internal part-time workers in the vacation schedule?

Yes need.

The vacation schedule is drawn up for all employees of the organization, including internal part-time workers (Article 123 of the Labor Code of the Russian Federation).

In this case, the vacation schedule must be drawn up taking into account the fact that part-time workers are granted vacation simultaneously with vacation for their main job (Article 286 of the Labor Code of the Russian Federation). Therefore, the schedule must indicate the employee twice for both positions.

Is it necessary to include in the vacation schedule preferential categories of employees who have the right to vacation at any time convenient for them?

Yes, in general it is necessary.

The vacation schedule establishes the order of provision of paid vacations for the next year. At the same time, all employees of the organization who, at the time of drawing up the schedule, are entitled to annual paid leave in the next year must be included in it. Exceptions include, in particular, employees who are on maternity leave or temporary employees with whom the organization does not plan to continue its relationship in the next year. All others must be included in the schedule.

It should be borne in mind that certain categories of employees are provided with annual paid leave at their request at any time convenient for them (Article 123 of the Labor Code of the Russian Federation). Therefore, such employees must be included in the schedule in the general manner, but unlike others, their wishes regarding vacation dates must be taken into account.

Is it necessary to include in the vacation schedule for the next year an employee who was accepted under an employment contract, the term of which ends on December 31 of the current year?

No no need.

The vacation schedule establishes the order of provision of paid vacations for the next year (Part 1 of Article 123 of the Labor Code of the Russian Federation). The vacation schedule is mandatory for both the organization and the employee (Part 2 of Article 123 of the Labor Code of the Russian Federation). An employee who resigns on December 31 of the current year cannot be subject to the vacation schedule for the following year. Thus, there is no need to include it in the schedule.

If subsequently the fixed-term employment contract is not terminated on December 31 and the employee continues to work, then the contract will be considered concluded for an indefinite period (Part 4 of Article 58 of the Labor Code of the Russian Federation). Also, in some cases, the contract may be extended or a new fixed-term contract may be concluded. In this case, the employee will be granted leave outside the schedule based on his written application in agreement with the employer.

Is it necessary to include in the vacation schedule employees who are granted vacation for the first working year? For example, an employee got a job in an organization several months before the schedule was drawn up

From the systemic interpretation of the articles of the Labor Code of the Russian Federation, the obligation to include it in the schedule does not arise, but the opportunity exists. This approach is explained as follows.

An employee is granted annual paid leave annually. The right to use vacation for the first year generally arises after six months of continuous work for the newcomer in the organization. Vacation for the second and subsequent years is granted at any time of the year in accordance with the accepted priority, which is recorded in the vacation schedule. This follows from the provisions of Articles 122 and 123 of the Labor Code of the Russian Federation. Thus, it is not necessary to include vacation for the first working year in the schedule.

However, in practice, such inclusion is convenient, since it gives a comprehensive picture of the rest time of all workers. Taking into account that the employee receives the right to leave for the first year in a special manner - after six months of work, in a situation where the employer nevertheless decides to reflect such leave in the schedule, it will be necessary to obtain the employee’s consent to provide rest during the specified period. In the schedule itself, in the “Note” section, you can make a note that vacation is provided for the first working year.

Is it necessary to familiarize employees with the vacation schedule?

The legislation does not contain a clear answer to this question. Currently, two opposing positions have emerged on the issue of familiarizing employees with the vacation schedule.

Supporters of the first believe that the legislation does not contain an obligation to familiarize employees with the vacation schedule upon signature. The vacation schedule is not a local act, but refers to the primary accounting documentation for personnel records, that is, it is an organizational and administrative document (Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). The employer is obliged to notify about the upcoming vacation according to the approved schedule no later than two weeks before its start (Part 3 of Article 123 of the Labor Code of the Russian Federation). Similar explanations are given in the letter of Rostrud dated July 12, 2012 No. PG/5244-6-1.

The second point of view is based on the fact that the vacation schedule still falls within the definition of Article 8 of the Labor Code of the Russian Federation, that is, it refers to local acts of the organization. In accordance with Article 22 of the Labor Code of the Russian Federation, the employer is obliged to familiarize employees with local regulations directly related to their work activities, against signature, including the vacation schedule. The legitimacy of this position is confirmed by the letter of Rostrud dated August 1, 2012 No. PG/5883-6-1.

In the absence of a unified position on the issue and in order to avoid the emergence of a controversial situation, the employer is still recommended to familiarize employees with the vacation schedule against signature. For this purpose, the employer has the right:

ask the employee to sign opposite the date of his intended vacation in the schedule form itself in the “Note” field;

attach an introductory sheet to the vacation schedule, in which each employee will indicate the date of familiarization with the document and sign.

If an employee refuses to sign a vacation schedule, draw up a report about this.

Is it necessary to reflect additional leave in the vacation schedule if the employee plans to replace it with monetary compensation?

Yes need.

When drawing up a vacation schedule, in addition to annual paid leave, also reflect additional annual paid leave. In the schedule, reflect the total duration of vacation for the year, which is stipulated in accordance with the employment contract or local act of the employer, for each employee.

If an employee subsequently plans to replace additional vacation with monetary compensation, then the fact of such a replacement should be recorded in the vacation schedule. To do this, in the “Note” column of the vacation schedule, make a note that part of the annual leave (indicating the number of days) has been replaced by monetary compensation, and also indicate the details of the order to replace the vacation with compensation.

This procedure follows from Articles 123, 126 of the Labor Code of the Russian Federation and section 1 of the instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

Is it necessary to put a stamp on the vacation schedule?

No, it is not necessary, unless the employer’s internal rules establish a different procedure.

The vacation schedule is an internal document of the organization. Therefore, there is no need to stamp it. The seal of the organization, as a general rule, is an additional confirmation of the authority of the person who signed the document for external contractors.

There are no stamp details on the unified form of schedule No. T-7, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

If the employer uses an independently developed schedule form, then, if desired, he can provide printing details on it and fill it out.

Such conclusions follow from the totality of the provisions of Article 8 of the Labor Code of the Russian Federation and Articles 7, 9 of the Law of December 6, 2011 No. 402-FZ.

Should the opinions of employees be taken into account when drawing up a vacation schedule? Which employees can request leave at any time convenient for them?

In general, the employer has the right, but is not obligated, to take into account the opinions of employees when drawing up a vacation schedule. The exception is the wishes of certain categories of employees. In particular, the employer is obliged to take into account the wishes for vacation:

employees with two or more children under the age of 12, and employees raising such children without a mother (paragraph 3, subparagraph “b”, paragraph 3 of the resolution of the CPSU Central Committee, Council of Ministers of the USSR dated January 22, 1981 No. 235, order of the Council of Ministers USSR dated October 30, 1985 No. 2275r). The fact that this provision is still subject to application is confirmed by the decision of the Supreme Court of the Russian Federation of June 17, 2014 No. AKPI14-440;
employees under the age of 18 (Article 267 of the Labor Code of the Russian Federation);
employee-parents, including foster parents, guardians or trustees who are raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
participants of the Great Patriotic War, disabled war veterans, including those who received disabilities (Articles 14-19 of the Law of January 12, 1995 No. 5-FZ);
Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory (clause 3 of article 8 of the Law of the Russian Federation of January 15, 1993 No. 4301-1);
Heroes of Socialist Labor and full holders of the Order of Labor Glory (Article 6 of the Law of January 9, 1997 No. 5-FZ);
employees awarded the badges “Honorary Donor of Russia” and “Honorary Donor of the USSR” (subject to residence in Russia) (Parts 1, 2, Article 23 of Law No. 125-FZ of July 20, 2012);
employees who received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the Chernobyl disaster or with work to eliminate its consequences, disabled people as a result of the Chernobyl disaster, participants in the liquidation of the disaster, citizens evacuated from the exclusion zone and resettled from the resettlement zone, and other persons exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, other accidents at nuclear facilities for military and civilian purposes, tests, exercises and other work related to any types of nuclear installations (subclause 1, part 3, article 15 of the Law of the Russian Federation of May 15, 1991 No. 1244-1);
employees applying for vacation for the first working year, if the employer intends to include them in the schedule (Article 122 of the Labor Code of the Russian Federation).

In addition, when drawing up a vacation schedule, the employer should also take into account:

the right of a pregnant employee to use leave before or after maternity leave (Article 260 of the Labor Code of the Russian Federation);
the employee’s right to take annual leave during his wife’s maternity leave (Part 4 of Article 123 of the Labor Code of the Russian Federation);
the right of one of the parents (guardian, trustee) working in the Far North and equivalent areas to receive annual paid leave or part of it (at least 14 calendar days) to accompany a child under the age of 18 entering a secondary or higher vocational educational institution education located in another area (Part 5 of Article 322 of the Labor Code of the Russian Federation);
the right of military spouses to be granted leave simultaneously with the leave of the other spouse (Clause 11, Article 11 of Law No. 76-FZ of May 27, 1998).

If the employer includes an employee in the vacation schedule in the first working year, then he will also have to take into account the opinion of the employee, who has the right to apply for vacation after six months of work (Article 122 of the Labor Code of the Russian Federation).

Thus, the employer can draw up a vacation schedule without taking into account the opinions of employees, with the exception of the categories indicated above. Moreover, if such “exceptional” employees subsequently express a desire to go on vacation on dates other than those provided for in the schedule, the employer is obliged to fulfill such a requirement and provide vacation at the request of the employee.

Attention: if for some reason the vacation was postponed, then when drawing up the vacation schedule for the next year, the days of the postponed vacation can be included in the schedule. In this case, the dates for the provision of rescheduled rest days must be agreed upon with the employee (Article 124 of the Labor Code of the Russian Federation).

The employer no longer has the right to reflect them in the schedule at his own discretion. It is optimal to determine the dates of use of transferred vacation days immediately at the time of transfer and record them in the appropriate order for transferring vacation.

Leave order

When an employee goes on vacation, it is necessary to draw up an order for granting leave. The leave order is signed by the manager or a person authorized by him, for example the HR director. After which the employee must be familiarized with the order and signed.

Tip: to fill out a vacation order, you can use standardized forms: individual No. T-6 or collective No. T-6a - in case several employees go on vacation at once. In addition, the employer can use an independently developed form.

Leave notice

The employee must be notified of the start date of the vacation by signature no later than two weeks before it begins (Part 3 of Article 123 of the Labor Code of the Russian Federation). The organization determines the forms and methods of such notification independently. These may be separate notices or notifications to employees, introductory sheets and statements, draft orders (instructions), etc.

For example, you can issue a notification about an upcoming vacation in any form. Another option: draw up a vacation order in Form No. T-6 or a self-developed form and familiarize employees with it in advance: two weeks before the start of the vacation.

You can also supplement the unified form No. T-7 of the vacation schedule or a self-developed form with two additional columns. In one of which, employees will sign that they know the start date of the vacation, and in the other, indicate the date of notification of the start of the vacation.

Every person has the right to a well-deserved rest during the year. But quite often an employee is faced with a situation where leave is not signed. There can be quite a lot of reasons for this, and accordingly, there can be many solutions too. What to do in such a situation will be described below.

At each enterprise, management draws up a special vacation schedule, which necessarily takes into account all the wishes of the employees, as well as the main production and organizational capabilities of the employer. The direct obligation to comply with such an established schedule rests with both the employer and the employees; this is a legal employment relationship.

If vacation is scheduled, it can only be used with the consent of the employee, and also under the certain condition that all vacation rights were used last year.

Important! If a manager does not grant vacation leave for two years in a row, this is a gross violation of labor legislation in general and in relation to an individual employee.

This condition is specified in Articles 123 and 124 of the Labor Code of the Russian Federation. In a situation where the employer refuses to provide you with legal rest, it is worth reminding him of these articles. Let's take a closer look at who is granted annual leave, how rest time is transferred throughout the year, and who has the right to additional rest provided on special grounds.

Vacation before the end of six months of work	For women during pregnancy and childbirth; under 18 years of age; employees who adopted children under three months of age; other cases provided for by law
Extension and transfer	Due to temporary disability; performance of government duties; if the employee was not paid for annual leave on time or was notified about it later than two weeks	Federal Law of June 30, 2006 N 90-FZ
Additional rest time	Workers who are engaged in dangerous or harmful work; employees with irregular working hours; for those who work in the Northern regions	Federal Law of June 30, 2006 N 90-FZ

All this is necessary to know in order to obtain a more effective result when deciding on the provision of legal rest.

Actions if you are not allowed to go on vacation as scheduled

There are certain actions that must be taken if the employer does not allow vacation as scheduled:

You can fight with the employer only for the period of rest that was recorded in the drawn up schedule.
An employee has the right to receive his first vacation immediately after completing six months of work at the enterprise.
The rest period must be included in the general schedule and must be approved by order, which each of the organization’s employees must be familiar with.

If there is no such schedule, application or order, you will have to be patient and wait for approval from your employer.

Important! Taking legal leave is an employee's right as well as an employer's responsibility. The solution to this issue is regulated by law.

Compromise with the employer regarding vacation problems

When such a problem arises, in approximately 40% of cases the issue is resolved through a polite conversation with the director of the company or enterprise. You should never miss the opportunity to find a compromise so that leaving does not in any way disrupt the plans and affairs of the employer or employee and does not negatively affect the production process.

There are many cases where a certain loyalty of employees and their agreement to a small time shift were an important argument when deciding who to promote. Another option for such loyalty is the fact that an employee can undertake an obligation to perform urgent work during his vacation. In this situation, both parties show loyalty.

The situation will be much worse if an agreement cannot be reached and the boss does not sign the vacation application.

Here you will have to be guided by the norms of the Labor Code of the Russian Federation, which set out all the rights to annual rest.

Violation of the law regarding the provision of legal leave faces quite serious penalties. Up to 50 thousand rubles can be written off from the organization’s account, and the manager himself can be fined at least 5 thousand. Such penalties are provided for in Article 5.27 of the Labor Code “On Administrative Violations”. If this issue becomes acute enough, it is easier for the employer to let the person go than to pay a fine. Also one of the common situations between an employer and an employee is. This problem is also easily solved in the legal field.

Contacting the inspectorate if a vacation is prohibited

If a difficult situation with leave arises, you can proceed to more drastic measures, in particular, contact the special State Labor Inspectorate with a written complaint against the employer. As a rule, after such a statement, a commission will visit the enterprise. The inspector will check the legality of compliance with the norms for granting leave in relation not only to one applicant, but also to all employees of the company.

The application is written in any written form with the most detailed description of the essence of the problem. It is sent by mail or handed to the inspector.

Based on the results of the inspection, the manager may be held accountable under Article 5.27 of the Labor Code of the Russian Federation, thereby obliging him to provide employees with leave that will fully comply with the approved schedule.

Radical measures to get leave

The most radical method of defending the right to leave is to contact not only the special labor inspectorate, but also the prosecutor’s office at the place of work or residence of the company manager. The basis for this may be a serious violation of the Labor Code, denial of leave for the last two years.

In the process of resolving this issue, the prosecutor is obliged to take all measures provided for by law to respond to a direct violation of labor law. As practice has shown, the employer takes appropriate measures immediately after the first call.

It is recommended that before taking this step, you carefully understand the problem that has arisen and try to understand why the manager does not want to allow you to go on vacation. Usually, if the main motives of the manager are clear, you can try to help him in resolving such an issue and still find a mutual compromise.

If permission to leave is not given, this is a serious conflict situation with a violation of labor laws.

Before taking drastic measures, it is worth trying all possible reasonable and peaceful methods. There are quite a lot of solutions to the problem, ranging from individual negotiations with the head of the company to the involvement of government agencies or. The law is on your side and you are sure to.

When is vacation due at a new job? As a general rule, an employee has the right to request leave after 6 months of work under the Labor Code (Article 122 of the Labor Code of the Russian Federation). We are talking about 6 months of continuous work with one employer. True, the employer may refuse to provide such leave to an employee, for example, due to production needs. But in any case, during the first working year, the employee will have to be allowed on vacation at least once. A work year is a year counted from the first day an employee works for a particular employer.

On the other hand, if there is someone to replace the future vacationer, then the first vacation can be granted to the employee before the expiration of the specified 6 months. This is decided by agreement with the employer.

In addition, there are categories of workers to whom the six-month rule does not apply at all. Before the expiration of 6 months, the first leave after being hired based on the employee’s application must be granted (Article 122 of the Labor Code of the Russian Federation):

employees under the age of 18;
for women - before maternity leave or immediately after it (Article 260 of the Labor Code of the Russian Federation, paragraph 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1);
employees who adopted a child under 3 months of age;
to the husband while his wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation);
one of the parents (guardian, trustee, foster parent) who is raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
to some other employees, not only on the basis of the Labor Code of the Russian Federation, but also other legal acts.

So the answer to the question of how long you need to work to go on vacation is not so clear-cut.

Vacation schedule: when are new employees entitled to vacation?

As you know, the order of granting vacations to employees is determined according to the vacation schedule. It must be drawn up no later than December 17 of the current year for the next calendar year (Article 123 of the Labor Code of the Russian Federation).

If at the end of the year you have an employee who has been working in the organization for less than 6 months, then when creating a schedule, you should plan vacation for him during his first working year. And if it turns out that he has the right to go on vacation before the end of six months of work (as in the case when a husband asks for leave during his wife’s pregnancy), then changes will need to be made to the schedule.

Duration of first vacation

If the first vacation is granted after 6 months, then for how many days? According to the Labor Code of the Russian Federation, an employee’s annual paid leave must be at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation). And it is logical to assume that leave after 6 months of work should be granted for half of this period, that is, for 14 calendar days. But nothing prevents the employer from letting the employee go on vacation after 6 months under the Labor Code and for a longer period, because providing vacations in advance is not prohibited. Therefore, this issue is resolved in practice, again by agreement between the employee and the employer.

It must be taken into account that an employee may resign before the end of the working year for which he or she has already taken leave. In such a situation, the employer has the right to withhold from the amounts due to the employee the debt for unworked vacation days (Article 137 of the Labor Code of the Russian Federation, clause 2 of the Rules on regular and additional vacations, approved by the NKT of the USSR on April 30, 1930 N 169). But as a general rule, the amount of all deductions for each salary payment cannot exceed 20% of its amount (Article 138 of the Labor Code of the Russian Federation). Therefore, employers are not always able to withhold debts from employees in full.

Vacation after six months of work according to the Labor Code of the Russian Federation: how is it paid?

How is vacation granted in the first year of work? It is clear that at the request of the employee and in agreement with the employer. How are vacation pay calculated? For those who have been working in the organization for a long time, the average daily earnings, on the basis of which the amount of vacation pay is calculated, is determined for the 12 calendar months preceding the month of the vacation.

And when calculating vacation pay in the first year of work, the calculation period is taken from the first day of work of a newly hired employee to the last day of the month preceding the month the vacation begins. And the average daily earnings are calculated.

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