What to do if you missed a vacation according to the schedule. When is vacation time outside the vacation schedule? Family care

In public and private structures, the schedule for employees to go on extraordinary leave is drawn up in advance. But this approach does not mean that in the event of difficulties or other family circumstances, the employee cannot go on vacation on his own.

Legislative regulation and nuances

An integral part of the organization's internal document flow is the vacation schedule. This document is useful in that it helps to plan the rest of employees no performance degradation labor and with minimal inconvenience to the company.

Article 123 of the Labor Code of the Russian Federation regulates the time frame for approving the schedule - no later than fourteen days before the end of the year. It is quite logical that it is often not always possible to carry out a pre-planned vacation on the specified dates.

A reasonable question arises: how to be? Is it possible to change the date or even refuse and continue working? Let's take a closer look at when it is possible to retreat from the approved schedule.

Possible grounds

The schedule outlines the annual vacations of the entire team. Plus, the document can reflect the days that were not taken off earlier. Obviously, special holidays (study, maternity leave, etc.) can be obtained according to the approved regulations regardless of the schedule data, of course, upon presentation of the required documents.

Vacation days without pay are most often unplanned, therefore, as a result, not included in the schedule.

The Labor Code gives certain groups of employees the opportunity to choose vacation days on those dates when they wish. Accordingly, deviations from the schedule are possible.

This right can be exercised by:

It should be noted that the question of new employees who have already been hired after the schedule approved by the company. What can they expect?

They also have the right to rest, but only after they have worked in the organization for a full six months. It is possible to issue leave earlier for such employees either with management permission or in cases specified by law.

In accordance with the Labor Code, vacation days guaranteed are given:

• before going on maternity leave or immediately after it;
• minors;
• adopting a child under the age of three months.

The legislation also describes the circumstances, upon the occurrence of which also allowed to take holidays. This is possible under the following conditions:

• the spouse of the employee is on maternity leave;
• accompaniment of a minor for admission to study to another region, in the case when his parent works in the Far North or equivalent areas;
• the spouse, who was in military service, was given leave.

In other cases, the transfer of vacation days is possible only with the permission of the management.

If an employee has not rested for two years in a row, then the transfer of vacation is unacceptable even with the mutual consent of both parties.

It is also possible not to leave according to the schedule at the request of the employer in the event of a production need, but with the mandatory consent of the employee, they cannot force him.

Sometimes acute circumstances arise when an employee have to be called back from vacation. informs that the days that the employee did not have time to take off, he has the right to take later at any convenient time, again, regardless of the approved schedule.

Family care

Life is unpredictable, and often, when all the days of vacation are already exhausted or scheduled, there is a need to take a few more days due to various reasons.

Someone has a child, someone has a relative who gets sick, someone wants to take a walk at a wedding or just take care of their personal affairs Everyone has their own personal motives.

Legislation goes forward and provides workers with the opportunity to take days without pay.

It was previously mentioned that this type of vacation is usually not reflected in the schedule. Most often it is associated with family circumstances. In most cases, managers go along and allow employees to take days at their own expense over the schedule.

Of course, it happens, otherwise, when the authorities are against it. In such cases, the Labor Code comes to the rescue, namely Article 128.

The right to receive leave cannot be denied to the following persons:

• participants in the Second World War;
• employees who have achieved retirement age;
• parents and spouses of military personnel, intelligence officers and so on, dead, wounded or ill as a result of service;
• disabled people;
• at the birth of a child, marriage registration, death of close relatives.

Legislation establishes maximum number of days, in fact, the employer decides on the spot how many days he will allow the employee to take and has the right to cut them.

In other cases, leaving for family reasons is possible only with the permission of the authorities.

Sample Application

If the vacation does not coincide with the schedule, the employee is required to write a statement. At the same time, applications will be different in the case when the planned vacation is postponed and when days without pay are issued.

As mentioned above, vacation days can be postponed both at the request of the employee himself, and at the initiative of his management. In this regard, the application should indicate the reason for the transfer. There is no single application form, it can be an arbitrary form, or a document approved by the company's internal regulations. In this case, two periods should be indicated: scheduled according to the schedule and the dates of the transfer.

Below is a possible example of a transfer request.
In the case when an employee asks for days at his own expense, the application takes a slightly different form. Unlike the previous statement, the employee indicates only start and end dates holidays and their duration. The reason for the provision, as well as in the application for the transfer, should be indicated.

The employee must be aware that the manager has the right to request supporting documents(copy of birth certificate, marriage registration application, hospital discharge, etc.).

An application for a vacation at your own expense can take various forms, we will give one of them.

Provision procedure

To grant leave not according to the approved schedule, first of all, a correctly written application is required by the employee. The document must be registered by the clerk, it must have visas of all immediate supervisors and a personnel officer stating that they do not object to the employee leaving on vacation.

It is extremely important to have time to do this procedure at least three days before the desired vacation, since Article 136 of the Labor Code of the Russian Federation regulates the period for paying vacation pay.

Based on the agreed application, an order is prepared to grant leave to the employee. The reason stated in the application is not reflected in the order. The order is signed by the worker and a personnel officer. Then the data is entered in the following documents:

• vacation schedule (possibly with an indication of the reason);
• employee's personal file.

The approved order guarantees the employee the legality of his actions.

In what cases will they refuse

The Labor Code allows the possibility of going on vacation without requiring permission from the employer in the paragraphs described above. It is important to note the need to provide supporting documents. Otherwise, the application for leave is considered on a general basis. In what cases does the higher management have the right to refuse?

It is worth recalling that the main purpose of scheduling vacations is to provide the organization with full-fledged activities. without loss of efficiency due to the departure of certain employees on vacation.

Therefore, before putting a resolution on the statement, the leader must analyze how it impact on the company generally.

Unless otherwise provided by labor legislation, the manager has the right to refuse to grant leave if he considers reason for disrespectful, or the departure of an employee will harm the organization, reducing the effectiveness of its activities.

The authorities do not even need to explain the reasons for their refusal. It will be enough to put the appropriate visa (“object”, “disagree”, “refuse”, etc.). As shows arbitrage practice, without a resolution from the higher management, the employee does not have the right to go on vacation without permission, otherwise it will be regarded as absenteeism.

Even in cases stipulated by the Labor Code, it is advisable to wait management permissions, since otherwise the court must record a refusal to grant the employee leave.

In summary, I would like to say that a dedicated employee should reasonably assess the possibility of going on vacation before submitting an application, and a loyal employer will always find an opportunity to meet halfway.

For more information about going on vacation outside the schedule, see the video below.

After putting down a positive resolution of the head of the company on this application, changes are made to the schedule indicating the number of calendar days and the date of each part of the vacation. But if the employment contract contains a condition that the employee's vacation is always divided into certain parts, then these parts are immediately reflected in the schedule when it is drawn up. Read: An employee asks for a vacation at his own expense. In what cases it is possible to refuse him Employees are late for work, how to establish discipline without resorting to dismissals The employee has not passed the probationary period. What documents will help prove the legality of his dismissal Step-by-step instructions How to apply for the appointment of the General Director Parental leave.

The employee goes on vacation outside the schedule

The vacation schedule is mandatory for the employer and employees. However, situations often occur when employees ask to transfer vacation days to another period. The decision to transfer is made by the manager. The schedule of annual paid holidays is approved in advance, while the employer takes into account the wishes of employees and the dates they have chosen for vacation.

However, sometimes employees, for personal reasons due to circumstances that have arisen, want to change the planned vacation period. How to be an employer in such a situation and what documents need to be issued, the experts of the Actual Accounting magazine told. The decision is made by the employer. To go on vacation outside the schedule, the employee must write an application in any form (for an example of an application, see below).
in fig. one). It must indicate the new start date of the vacation and the reasons for its transfer.

Vacation not on schedule

The vacation schedule is mandatory for the employer and employees. However, situations often occur when employees ask to transfer vacation days to another period. The decision to transfer is made by the manager. The schedule of annual paid holidays is approved in advance, while the employer takes into account the wishes of employees and the dates they have chosen for vacation.
However, sometimes employees, for personal reasons due to circumstances that have arisen, want to change the planned vacation period. How to be an employer in such a situation and what documents need to be issued, the experts of the Actual Accounting magazine told. The decision is made by the employer. To go on vacation outside the schedule, the employee must write an application in any form (for an example of an application, see below).

in fig. one). It must indicate the new start date of the vacation and the reasons for its transfer.

Holidays not according to the holiday schedule

At the same time, employers believe that they do not violate the ban on not providing vacation for more than two years in a row, since the employee took at least one part of the vacation. This is the wrong approach. The fact is that the legislation does not provide for an annual basic paid leave of less than 28 calendar days. Even taking into account the division of vacation into parts, these 28 days must be used in full.

Download documents on the topic: At enterprises that carry out personnel document management in accordance with the provisions of the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1, the vacation schedule is published using a unified form No. T-7. In the event that an employee does not rest according to plan, for example, if it is a vacation not according to the schedule of a pregnant woman, the vacation schedule must reflect the actual situation associated with the postponement of the planned vacation. Note! According to the Federal Law of December 6, 2011 No.

N 402-FZ, the use of unified forms is not mandatory. Thus, the company has the right to independently develop a form of vacation schedule. Art. 122 of the Labor Code of the Russian Federation establishes that for the majority of employees the right to receive paid leave arises no earlier than after the expiration of a six-month period of continuous labor activity with a particular employer.

We provide vacation outside the vacation schedule

Info

The Labor Code obliges the employer to provide leave to the employee every year, regardless of whether he expressed a desire to take a break or not. To comply with this obligation, the annual vacation schedule serves. In exceptional cases, it is possible to transfer the vacation to the next year, but even in these situations, not granting vacation for two consecutive years is prohibited.

There are exceptions, which will be discussed below. But as a general rule, the employer sets the order of vacations, and the employee only needs to be notified of the start time of the vacation no later than two weeks before it starts (part 3 of article 123 of the Labor Code of the Russian Federation). To notify employees, you can use the vacation schedule itself. To do this, in the last column of form No. T-7 Note, you can add an inscription about the start time of the vacation, the employee is notified, and opposite his last name, the employee will put down the date of the notification and signature.

Is it possible to go on vacation outside the vacation schedule

Attention

At the same time, employees must remember that the unauthorized use of vacation, as well as its transfer without the consent of the employer, is legally qualified as absenteeism and may become the basis for the employer to apply a disciplinary sanction to the employee. Opinion Irina Sidorova, financial consultant of the law firm "Nalogovik" If the employee came in the middle of the year The vacation schedule is drawn up in advance, so if the employee started working in the company not from the beginning of the year, there will be no data on his vacation in the schedule for the current year. However, this cannot be a reason for refusing a new employee on vacation.

The main features of the "HR Department" program: storing personal data about each employee in the database, calculating the total length of service, continuous length of service and length of service at a given enterprise, accounting for vacations, accounting for business trips, vacations and incentives. Automatic staffing, personal card and all personnel orders. 2.7 Mb The program has the following advantages compared to the Human Resources Department 6.0 program: it does not require Microsoft Access to be installed, the Human Resources Plus program is completely autonomous; the program allows you to save all orders and reports in Excel format; the program allows you to keep a full-fledged time sheet accounting in the T-12 form; the program stores and displays the structure of the enterprise in a convenient tree form. 5.9 Mb The program is designed to help personnel officers in calculating seniority. According to the entries in the work book, the total and continuous length of service of employees is calculated.

In accordance with Art. 123 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) The order in which paid vacations are granted is determined annually in accordance with the vacation schedule. The vacation schedule is mandatory for both the employer and the employee. According to part 4 of Art. 123 of the Labor Code of the Russian Federation to certain categories of employees in cases provided for by the Labor Code of the Russian Federation and other federal laws, annual paid leave is granted at their request at a time convenient for them. That is, there is a preferential category of employees who are granted annual leave at a convenient time for them. In practice, the following question arises: are the wishes of the employee to provide leave at a specific time convenient for him taken into account without fail by the employer only when drawing up the vacation schedule? Or does this rule oblige the employer to provide leave to such employees at a time convenient for them, even if the vacation dates do not correspond to the previously approved vacation schedule (during the preparation of which the employee has already “fixed” the time convenient for him)?

Who gets a vacation at a convenient time?

To begin with, let's decide on the preferential category of workers whose vacation in accordance with Art. 123 of the Labor Code of the Russian Federation should be provided at a convenient time for them. At the same time, we will not consider the category of employees who are granted leave in accordance with the law at their request in a period specified by law (for example, women - before the start of maternity leave or immediately after it, a husband - while his wife is on maternity leave and childbirth, etc.). Since this category of workers must be granted leave at their request at a specific moment determined by law, regardless of the vacation schedule drawn up.

So these workers are:

Employees under the age of 18;

Women with two or more children under the age of 12;

Single men with two or more children under the age of 12;

Persons awarded with the sign "Honorary Donor of Russia", "Honorary Donor of the USSR";

Persons who have received (survived) radiation sickness and other diseases associated with exposure to radiation as a result of the disaster at the Chernobyl nuclear power plant or with work to eliminate its consequences; disabled as a result of the Chernobyl disaster;

Workers, employees, military personnel, employees of the internal affairs bodies and the State Fire Service who have received occupational diseases associated with radiation exposure at work in the exclusion zone;

Persons involved in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant;

Persons evacuated from the exclusion zone or resettled from the resettlement zone or voluntarily left these zones;

Citizens who were exposed to radiation due to nuclear tests at the Semipalatinsk test site and received a total (accumulated) effective radiation dose exceeding 5 cSv (rem);

Children of the first and second generations of citizens who took in 1957 and 1958. direct participation in the work to eliminate the consequences of the accident at the Mayak production association, suffering from diseases due to the effects of radiation on their parents;

Persons from the special risk unit: who took part in the testing of nuclear and thermonuclear weapons, liquidation of accidents of nuclear installations at weapons (military facilities); disabled as a result of participation in the testing of nuclear and thermonuclear weapons, liquidation of accidents of nuclear installations at weapons (military facilities);

Disabled veterans of the Great Patriotic War and combat invalids;

Participants of the Great Patriotic War;

Persons who worked during the Second World War at air defense facilities (including local ones), the construction of defensive structures, naval bases, airfields and other military facilities within the rear borders of active fronts, operational zones of active fleets, on front-line sections of railways and roads (veterans);

Persons awarded the badge "Inhabitant of besieged Leningrad";

War veterans;

Military personnel: who served in military units, institutions, military educational institutions that were not part of the army in the period from June 22, 1941 to September 3, 1945 for at least 6 months; awarded orders or medals of the USSR for service in the specified period;

Military personnel with a disabled child under the age of 16;

Military personnel with three or more children under the age of 16;

Single military personnel raising a child under the age of 14;

Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory;

Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory;

Persons with the badge "Honorary Land Surveyor of Russia";

Persons holding the title of "Honorary Worker of the Antimonopoly Bodies of Russia";

Employees recalled from annual paid leave - at a time convenient for the employee during the current working year or in the next working year by joining the leave.

Double interpretation

If you look at the design of Art. 123 of the Labor Code of the Russian Federation, then in its structure it looks as follows. First, in part 1 of this article, the legislator stipulates that the order in which paid holidays are granted is determined annually in accordance with the vacation schedule. Further, in Part 2, it is indicated that the vacation schedule is mandatory for both the employer and the employee. And only in part 4, the legislator speaks of exceptions established for certain categories of employees who can use annual leave at a time convenient for them. That is, it can be assumed that it is precisely this construction of the norms that indicates that the right to convenient use of annual leave is also taken into account when drawing up the vacation schedule and allows the employee to take vacation outside the vacation schedule, at any other time convenient for him. If the legislator laid in Art. 123 of the Labor Code of the Russian Federation has a different meaning - that some categories of workers can exercise their right to use vacation at a time convenient for them only when drawing up vacation schedules, then the legislator would follow the provisions of Part 4 of Art. 123 to be moved to part 1 (that is, to the norm on the obligatory vacation schedule). However, there is another point of view, which boils down to the fact that part 2 of Art. 123 of the Labor Code of the Russian Federation is clearly formulated and does not contain exceptions for anyone (except for those cases established by the Labor Code of the Russian Federation, when employees, under certain circumstances, can take a vacation at a certain time).

What do Mitrud and Rostrud think?

There are currently no official clarifications from the supervisory authorities on this issue. We have at our disposal only unofficial positions on the issue under consideration from the officials of these bodies.

So, there is a consultation in the form of a question-answer signed by T.V. Malenko (Ministry of Labor and Social Protection of the Russian Federation) in a similar situation. In particular, the Ministry of Labor was asked: do donors have the right to provide annual paid leave at a convenient time of the year for them? The Ministry of Labor in its informal letter (dated May 23, 2014) replied that the employer is obliged to take into account the desire of the employee awarded the badge "Honorary Donor of Russia" regarding the time of granting him leave only when drawing up the vacation schedule. You can change the vacation time to another time (after the approval of the vacation schedule) only by agreement with the employer. As the Ministry of Labor rightly pointed out, labor legislation does not disclose the concept of a convenient time of year for workers. The right of the employee to receive leave at a convenient time of the year corresponds to the obligation of the employer to provide such leave. As indicated by the Ministry of Labor, the order in which paid vacations are granted is determined annually in accordance with the vacation schedule, which is mandatory for both the employer and the employee. Therefore, according to the Ministry of Labor, the employer is obliged to take into account the desire of the employee awarded the badge "Honorary Donor of Russia" about the time for granting leave only when drawing up the vacation schedule. Otherwise, according to the logic of the Ministry of Labor, the norm of the Labor Code of the Russian Federation, which establishes the obligation of the vacation schedule for the parties to the employment contract, would probably be violated.

The above position of the Ministry of Labor, expressed in an informal letter, certainly deserves its attention. However, this letter is not an official explanation and a normative legal act, and therefore is not subject to mandatory application.

It should be noted that not everyone shares the position of the Ministry of Labor. In particular, the head of Rostrud Shklovets I.I. In one of the legal publications, he expressed the exact opposite opinion: “If an employee who is entitled to leave at a convenient time indicates, when drawing up the vacation schedule, a specific date for the start of the vacation, then later he can change the start date of the vacation by submitting an application in advance. The employer does not have the right to refuse such an employee to change the start date of the vacation.(Shapoval E.A. Prepare the sleigh in the summer, and the vacation schedule in the winter // Main Book. 2012. No. 23. P. 75 - 79.). Thus, according to officials from Rostrud, the guarantee for the use of vacation at a time convenient for the employee extends to drawing up a vacation schedule, and the ability to use vacation at any other time (outside the schedule).

The fact that the positions of Mitrud and Rostrud are not unified is unlikely to surprise anyone, since there are often disagreements in these departments on the same issues.

What the courts say

Now consider how the courts approach the resolution of this issue.

In one of the court cases, it was established that the employee had the title of a combat veteran, which gave him the right to be granted leave at a convenient time for him (clause 11, part 1, article 16 of Federal Law No. 5-FZ of January 12, 1995 "On veterans"). However, the employer refused to grant such leave at the time declared by the employee. The plaintiff demanded to oblige the employer to grant him leave. The claims were satisfied. As the court pointed out, by virtue of Article 123 of the Labor Code of the Russian Federation, the order in which paid vacations are granted is determined annually in accordance with the vacation schedule approved by the employer. At the same time, this norm establishes that certain categories of workers, in cases provided for by the Labor Code of the Russian Federation and other federal laws, are granted annual paid leave at their request at a convenient time for them. To such employees, by virtue of paragraph 11 of Part 1 of Art. 16 of the Law of the Russian Federation "On Veterans" applies to the plaintiff. The court found that the plaintiff did not use vacation for 2014, did not write an application for including it in the vacation schedule for 2014, and is not included in the vacation schedule for 2014, therefore, in this case, as the court noted, there is no need to comply with the general procedure for granting holidays. Therefore, the employer was obliged to provide leave to the employee at the time declared by him (Decision of the Aleksandrovsk-Sakhalinsk City Court of the Sakhalin Region dated April 15, 2014 in case No. 2-163 / 2014 ~ M-111 / 2014).

In another similar case (the employee also had the title of combat veteran), the courts recognized the plaintiff's right to use leave at a convenient time for him. The employer tried to prove to the court that he did not refuse the employee to grant him annual leave, t.to. the vacation date (according to the approved vacation schedule) has not yet arrived. However, the court rejected these arguments, stating that the employer was obliged to provide leave to the employee at a time convenient for him (Appeal ruling of the St. Petersburg City Court of February 13, 2012 No. 33-1972/2012).

The Kamchatka Regional Court, when considering the case, also indicated that the employer was obliged to provide the plaintiff with leave at the time specified by him, since the employee belongs to the category of those workers who have benefits for providing leave at a convenient time for them, and the employer’s refusal to grant it due to absence the specified vacation in the vacation schedule was unreasonable (Appeal ruling of the Kamchatka Regional Court in case No. 33-578 / 2015).

Considering the foregoing, it can be concluded that, in general, today, judicial practice is developing in the direction that the right to use the next annual leave at a time convenient for the employee is not limited only to drawing up a vacation schedule. If desired, the employee has the right to use his vacation outside the approved vacation schedule and if the employee's vacation was not indicated at all in the vacation schedule for the current year. That is, judicial practice confirms the right of an employee to unilaterally change the time for using his vacation.

Summing up, we note that the issue considered by us in this article is still controversial. There are no official positions of the supervisory authorities on this issue. However, taking into account the emerging judicial practice, we can still recommend employers not to refuse employees of the privileged category in providing leave if they decide to change the time for using their leave. If it is highly undesirable for the employer to provide leave during the period requested by the employee, then it is advisable not to categorically refuse the employee to satisfy his application for leave, but to try to agree with him on another time for using the leave, which will suit both parties.

Yulia Beketova practicing lawyer

terechko [email protected].ru

Scheduled leave - do I need an application?

The procedure for granting holidays is determined in accordance with the schedule approved by the employer (paragraph 1 of article 123 of the Labor Code of the Russian Federation).

Conclusion! Thus, the analysis of the norm allows us to come to the conclusion: an application for leave according to the vacation schedule is not required.

Note! An employee must write such a statement in the following situations:

• when he has not yet worked (continuously) for 6 months with this employer;
• when he would like to take a vacation at a time different from the vacation schedule and / or change the agreed duration of the vacation.

Application for postponement of leave by law

In practice, situations are common when an employee, due to circumstances, cannot go on vacation in accordance with the approved schedule. The circumstances under which the employer is obliged to transfer the vacation are regulated by Art. 124 of the Labor Code of the Russian Federation.

This topic is covered in more detail in our other articles How to write an application for the transfer of vacation, Application for the transfer of vacation according to the schedule - sample, Reasons for transferring vacation at the initiative of the employee.

Important! If the vacation is subject to transfer due to the illness of the employee, then after leaving the sick leave, he writes an application for the postponement of the vacation indicating the reason, number of days, start and end dates of the vacation and attaches a certificate of incapacity for work to it. If the employee has not yet decided on which dates he would like to postpone the vacation, then in the employer’s administrative document on the postponement of the vacation it should be written that these dates will be determined on the basis of an additional application from the employee (see the decision of the Krasnodar Regional Court dated 06/21/2017 in case No. 12-2186/2017).

Application for leave outside the schedule: sample

In situations where an employee wishes to take leave outside the agreed schedule, he must send an appropriate application to the employer. It should include the following information:

• information about the employer: name of the organization, full name and position of the authorized person in whose name the application is written;
• information about the employee: his full name, name of the position and unit, personnel number;
• a formulated request for a vacation indicating the type of vacation, the period in calendar days, the start and end dates;
• date of application;
• signature of the employee with decryption.

Note! There is no unified template for such a statement, so it is written in an arbitrary form.

For example, such a statement can be made according to our template: Application for vacation outside the schedule - sample.

The above form can be called universal, since it can be used by a worker whose vacation is in principle not scheduled (for example, a new employee), or an employee who wants to reschedule his vacation. In the second case, the following form can also be used: Application for transfer of vacation - sample.

***

So, the answer to the question "If the vacation is scheduled - do you need an application?" will be negative: no, in this case the application is not required. An application must be submitted in situations where an employee wants to postpone a vacation for a period different from that agreed in the schedule, or when the period and duration of the vacation of this employee are not approved by the schedule.

The procedure for granting annual leave is determined on the basis of the adopted vacation schedule. The management of the company may make an exception for certain categories of specialists. What legal consequences does the situation have when an employee goes on vacation not according to the schedule, and what documents need to be drawn up in this case, we will tell in the article.

From the article you will learn:

Vacation schedule

Providing an employee with the opportunity to receive annual paid leave is a direct obligation of the employer, established by Art. 114 of the Labor Code of the Russian Federation. At the same time, Art. 115 of the Labor Code establishes that the duration of rest in a classic situation should be 28 calendar days. Article 116 of the Labor Code of the Russian Federation supplements this condition with an indication of the fact that certain categories of workers, for example, those who work in the Far North, should be given additional leave, the duration of which is established by separate provisions of the Labor Code or special regulatory documents.

Read more about unscheduled vacations here:

Art. 123 of the Labor Code of the Russian Federation determines the procedure granting holidays company employees. Thus, this section of the code establishes that the legal basis for its establishment is the vacation schedule, which must be formed in each organization no later than two weeks before the next calendar year.

Download related documents:

Employee's application for the transfer of the unused part of the vacation according to the schedule
Download in.doc

Application for postponement of vacation, which coincided with the decree
Download in.doc

Employee application for postponement of leave due to illness
Download in.doc

Order to postpone the vacation date
Download in.doc

At enterprises that carry out personnel workflow in accordance with the provisions of the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1, the vacation schedule is published using the unified form No. T-7. In the event that an employee does not rest according to plan, for example, if it is a vacation not according to the schedule of a pregnant woman, the vacation schedule must reflect the actual situation associated with the postponement of the planned vacation.

Note! According to the Federal Law of December 6, 2011 N 402-FZ, the use of unified forms is not mandatory. Thus, the company has the right to independently develop a form of vacation schedule.

Art. 122 of the Labor Code of the Russian Federation establishes that for the majority of employees the right to receive paid leave arises no earlier than after the expiration of a six-month period of continuous labor activity with a particular employer. However, this provision applies only to the first year of work in the organization. In the second year and in the future, the employee can go on vacation at any time of the year, if such vacation is agreed with the employer and included in the vacation schedule.

Entitlement to unscheduled leave

Art. 123 of the Labor Code of the Russian Federation, which establishes the obligation to comply with the vacation schedule for both employees and the employer, at the same time provides that certain categories of employees are entitled to granting leave not on holiday schedule. The list of relevant categories and the conditions for providing them with paid rest are listed in separate articles of the Labor Code of the Russian Federation and other regulatory documents. In particular, these categories of employees include:

1. employees who are about to go on maternity leave or intend to return from such leave. According to the provisions of Art. 122 of the Labor Code of the Russian Federation, unscheduled leave for a pregnant woman is provided at her request at any time, including before the expiration of six months of continuous work in this organization;
2. employees whose age has not reached 18 years (Article 122 of the Labor Code of the Russian Federation);
3. employees who have gone through the adoption procedure for one or more children under the age of three months (Article 122 of the Labor Code of the Russian Federation);
4. employees whose spouses are in (Article 123 of the Labor Code of the Russian Federation);
5. employees who are parents, guardians or trustees of a child under the age of eighteen with a disability (Article 262.1 of the Labor Code of the Russian Federation);
6. employees who are spouses of military personnel (Federal Law of May 27, 1998 N 76-FZ);
7. employees with the badge "Honorary Donor of Russia" (Federal Law of July 20, 2012 N 125-FZ);
8. workers injured in one of the following disasters: at the Chernobyl nuclear power plant (Law of the Russian Federation of May 15, 1991 N 1244-I), Semipalatinsk test site (Federal law of 10.01.2002 N 2-FZ);
9. workers with the titles of Heroes of Socialist Labor, Heroes of Labor of the Russian Federation, full holders of the Order of Labor Glory (Federal Law of January 9, 1997 N 5-FZ), and in addition to them - disabled people and participants in the Great Patriotic War (Federal Law of January 12, 1995 . N 5-FZ).

Note! Categories of employees entitled to receive off-schedule leave can apply at any time: there are no requirements in this regard by law.

Granting unpaid leave outside the schedule

Art. 128 of the Labor Code of the Russian Federation provides that in some cases an employee may be granted leave that is not provided for by the current vacation schedule, without pay.

Pay attention! The vacation schedule reflects only annual paid vacations. Leave without pay is not indicated in the schedule.

At the same time, the specified article of the Labor Code and some other sections of this regulatory act list a specific list of situations when the employer is obliged to satisfy the request of his employee to provide such rest:

marriage;

death of a close relative;

the need to participate in activities related to on-the-job training;

participation of employees in the performance of state or public duties, such as the protection of public order, the work of voluntary fire brigades, etc.

Note! In the event that the employee has not yet taken his next paid vacation in the current year, by agreement with the employer, upon the occurrence of one of such situations, he can receive paid rest on account of annual leave.

Granting leave outside the schedule as agreed with the employer

If the employee has managed to reach an agreement with the employer on this issue, he can go on vacation outside the schedule, even if he does not belong to any of the privileged categories and has not found himself in a situation of special life circumstances that give the right to an extraordinary vacation. As a rule, in this case, the initiative comes from the employee, and so that his absence from the workplace does not lead to significant violations during the work process, it is advisable for him to apply to the employer with a corresponding request in advance.

Note! An appeal to the employer with such a request is made in writing and preferably no later than two weeks before the desired date of leaving on vacation.

The procedure for granting unscheduled leave

In the standard order, which refers to the departure of employees on vacation in accordance with approved schedule, the employer is obliged to inform the employee about the upcoming vacation in the form of a written notification two weeks before this date. This rule is established by Art. 123 of the Labor Code of the Russian Federation. At the same time, the employee must put his signature on this notice, thereby confirming the fact of his familiarization with its contents.

However, if you go on vacation not according to the schedule, a fundamentally different procedure applies. So, in this situation, an employee who wants to go on an unplanned vacation, as a rule, turns to the employer with a written statement indicating the dates and duration of the desired vacation, as well as additional conditions and reasons justifying his request, if any.

Note! In some organizations, an internal regulatory document may provide for a special form for such a statement.

In the event that we are talking about preferential categories of employees or situations where the employer is obliged to provide the employee with leave, he does not need to agree on such an application. In all other cases, it is necessary that the employer agree to provide rest for the employee.

Out-of-schedule leave order

Further, if the employee does not go on vacation according to the schedule, the personnel department prepares and submits for signature to the head of the organization an order to grant leave to the employee. If the enterprise uses unified forms of documents approved by the Decree of the State Statistics Committee of the Russian Federation of January 5, 2004 N 1, one should resort to form No. T-6.

However, the enterprise has the right to use a self-developed form of such a document, which is more suitable for its needs. In this case, the employee must be familiar with the contents of the order against signature.

Note! In accordance with Art. 62 of the Labor Code of the Russian Federation, an employee has the right to receive a certified copy of the order to send him on vacation within three days by contacting the employer with a written application.

Fixing information about an unplanned vacation

Leave granted to an employee outside the previously approved schedule, however, must be reflected in all personnel documents of the organization that are drawn up in connection with the employee's vacation. In particular, we are talking about the following procedures:

1. entering information about the order on granting leave to the register of regulatory documents, if such a journal is maintained in the organization;
2. entering data on vacation in the time sheet;
3. entering information about the transfer of vacation to the vacation schedule and putting a mark on the use of the prescribed rest;
4. entering information into the employee's personal card. All information about the granted vacation is reflected here, including its type, duration and dates of grant. In this case, the employer is not obliged to acquaint the employee with the contents of such a record.

Holiday pay not on schedule

Even if the employee is granted vacation outside the schedule, he is subject to the requirements for the procedure for paying vacation pay, provided for by the current legislation.

Article 136 of the Labor Code of the Russian Federation determines that the funds due to the employee must be paid to him no later than three days before going on vacation.

If this event is preceded by holidays, vacation pay is paid earlier by the number of days that are holidays. At the same time, in accordance with the provisions of the letter of Rostrud dated July 30, 2014 No. 1693-6-1, calendar days must be used for calculations.

Note! The current legislation allows the payment of vacation pay at an earlier date.

Employers whose employees go on unscheduled vacation may be faced with a situation where an employee submits a vacation application less than three days before the planned start date of the vacation. In this case, the employer, who could not comply with the terms of payment of vacation pay established by law, will not be subject to administrative liability measures.

However, the provisions of Art. 236 of the Labor Code of the Russian Federation in relation to him will remain in force: this means that if he violates the specified deadlines, he will have to pay financial compensation to the employee.

Thus, the provision of leave not according to the vacation schedule is a rather difficult situation for the employer, which entails the need to amend the adopted vacation schedule and the implementation of other personnel procedures that require additional time and effort of personnel officers.

At the same time, the current legislation establishes a number of situations in which the employer is obliged to provide the employee with unscheduled rest - for example, vacation not according to the schedule of a pregnant woman. Therefore, authorized employees of the enterprise need to know how unscheduled leave is processed and what procedural rules apply.

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