Application for the remainder of the vacation sample

Applications for regular leave for 5 calendar days

“Personnel officer. Labor law for personnel officers", 2010, N 9

Question: In accordance with the Labor Code of the Russian Federation, one part of the vacation must be at least 14 calendar days. The remaining 14 calendar days can be divided into parts. Some of our employees write applications for the next vacation for 5 calendar days (i.e., no days off). Is it legal for an employer to insist that an employee include days off in a vacation application if he takes one week as vacation? Can an employer insist that an employee’s vacation be divided into 14 and 14 days if it is convenient for the employee to split the second part of the vacation?

Answer: By virtue of the direct interpretation of Art. 125 of the Labor Code of the Russian Federation, we can conclude that the basic rule for dividing vacation into parts is that one part of the vacation must be at least 14 days. Moreover, annual paid leave can be divided into parts only by agreement between the employee and the employer. However, there are no requirements for the duration of the remainder of the leave. Thus, it turns out that the employee is not prohibited from splitting the second half of the vacation at his own discretion, having agreed on the duration of each part with the employer. Therefore, if the employer does not object, the employee has the right to take leave for 5 calendar days (without days off). Moreover, with the consent of the employer, the employee can rest several times for 2-3 days.

It is possible to use annual leave in another way: first, divide 14 calendar days into several periods of rest, and then apply for the remaining 14 days at a time. The fact is that the Labor Code does not stipulate that it is the second part that must be split up, emphasizing that “one of the parts” must be at least 14 calendar days.

Sample application for unused vacation

• Legislative regulation
• Financial compensation
• Time off
• Decor

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

If you want to find out how to solve your particular problem, contact the online consultant on the right or call the free consultation numbers: According to the Labor Code of the Russian Federation, all employees are provided with paid leave annually. Its duration is 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

Sample application for the remainder of the vacation

Quite often the problem arises of writing a document that is important extremely quickly. And, in most cases, the importance is so great that the circle of life and business depends on it. There are not many ways to move in this situation. Go to a specialist who will write the appeal correctly.

Or find a good template on the Internet and insert your own information into the required paragraphs. Any of the above methods contains both pros and cons. In the case of a lawyer, you will have to pay. The cost depends on the contents of the application

.

In the case where you decide to write the document yourself, you won’t have to pay any money. But there is no guarantee that the documents will be written correctly. I would like the form provided to help resolve difficulties.

The remainder of the vacation after 14 calendar days.

Question: The organization works on a five-day schedule. Employees ask to divide part of the vacation exceeding 14 calendar days into several parts. Moreover, if there are no holidays in the week, then they ask for 4 - 5 days of annual leave from the beginning of the working week (that is, from Monday or Tuesday).

The employee goes to work next Monday. In this case, are weekends considered calendar vacation days? If they are not counted, then it turns out that the employee takes more rest than those who are given 28 calendar days in a row. Does he have an advantage over other employees?

Answer: Dividing a part of employees’ vacation exceeding 14 calendar days into several parts at their request increases the total duration of rest time, continuous within the specified parts, and can give rise to conflicts between employees (dividing the vacation in this way and not dividing it). In this regard, we believe that the employer can refuse requests from employees to divide annual paid leave into parts, citing production interests, since the Labor Code of the Russian Federation does not oblige the employer to provide employees with leave divided in this way. However, certain categories of employees, 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 time convenient for them.

Rationale: As follows from Part 1 of Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts, one of which must be at least 14 calendar days. Since the legislator has not established a ban on dividing the remaining part of the duration of annual paid leave from the allocation of at least 14 calendar days into several more parts, the issue of the number of parts of the leave and their duration is decided by agreement between the employee and the employer. As a result of dividing annual paid leave, for example, into 4 parts, of which one part is 14 calendar days, two are 5 calendar days and one is 4 calendar days, the total duration of rest time, continuous within the specified parts, increases. To ensure that this method of extending rest time does not give rise to conflicts between employees, the employer must proceed from the fact that an agreement on the division of annual paid leave can only take place if it agrees to satisfy the employee’s wishes about such division. This means that he can refuse requests from employees to divide annual paid leave into parts, citing production interests. However, he should not forget that in accordance with Part 4 of Art. 123 of the Labor Code of the Russian Federation, certain categories of employees, 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 time convenient for them. It seems that this rule is also applicable if employees classified in these categories indicate several periods of time as convenient, which involves dividing the annual paid leave into parts.

The employer has no right to refuse the requests of such employees to divide their vacations into parts.

K.V. Nabatchikova Autonomous non-profit organization “Center for Research in Economics and Law” 04/10/2012

Annual vacation with content

As a rule, employees go on vacation according to the schedule, that is, the vacation schedule, which is drawn up at the enterprise annually. The administration must notify the worker of the upcoming vacation 2 weeks in advance.

But often employees are accepted into the organization after such a schedule is approved. A new employee has the right to rest after 6 months. after employment.

To use it, you must send a leave application to the head of the organization. The director reviews the document and makes a decision on it. When the “I don’t object” visa is stamped on a document, it goes to the HR department, and then to the accounting department, where all the necessary calculations are made. Vacation pay must be paid to the employee no later than 3 days before the start of the vacation.

Below is a vacation application, sample 2021, for 14 days. A new employee whose rest was not taken into account when approving the schedule can apply to the employer with such a document.

About weekends and weekdays on vacation

The law does not provide restrictions on the choice of vacation days. Vacation may include weekends, holidays and weekdays.

Possible situations.

Rest for a week. The employee wrote a vacation application within five working days. This does not include weekends, and the law does not prohibit you from choosing only weekdays. It is the employer's responsibility to pay for these 5 days, which are clearly indicated in the application document.

An employee can increase the duration of the vacation taken by two pairs of days off, and he will receive vacation pay in a larger amount, that is, for 9 days.

The employee took 2 days off. This is also not a violation, but it is the employer’s responsibility to pay for this time.

If an employee needed to take a vacation on weekends, then this is not against the law, but may be a question for regulatory authorities.

Days at your own expense

According to Art. 128 of the Labor Code of the Russian Federation, an employee may also express a desire to go on an extraordinary vacation due to family circumstances and other valid reasons (for example, to care for a sick relative). In this case, it is advisable to document this need. The duration of rest is determined by agreement between the employee and the employer.

There is a list of persons whom the employer does not have the right to refuse:

• for working old-age pensioners - up to 14 days a year;
• parents and spouses of deceased military personnel - up to 14 days a year;
• working disabled people - up to 60 days a year;
• employees in cases of wedding, birth of a child, death of close relatives - up to five days;
• in other cases specified in the Labor Code of the Russian Federation, federal laws or in the collective agreement.

What circumstances do you mean? For example:

• according to Art. 173 and 174, the employer is obliged to provide days without pay to the following employees: those admitted to entrance examinations to higher and secondary educational institutions; students of preparatory departments; full-time students who combine work and study;
• Art. 286 of the Labor Code of the Russian Federation states that employees who are part-time workers are provided with mandatory days at their own expense only if the leave at the main place of work exceeds the part-time rest;
• rest without saving a salary is also provided to workers of the Far North for travel to and from their place of rest (Article 322 of the Labor Code of the Russian Federation).

Workers who do not fit the above categories may be denied days without pay.

A sample application for leave at your own expense is similar to the one presented above. The difference is in indicating the reason and the words “at your own expense” after the word “vacation”.

Such a petition is submitted when an employee needs time to solve personal problems. The days provided are not subject to payment; the employee simply gets the opportunity not to work on the specified day.

Application for leave without pay, sample 2018

How to write a vacation application correctly, sample 2018

Most often, workers search the Internet for information on how to write a vacation application, sample 2021, for 14 days. The document is drawn up in any form. It can be typed on a computer or written by hand. Some companies tend to use a proprietary application form. In this case, the application form for leave 2021 can be obtained from the secretary or from the human resources department of the organization.

Let's look at the rules for filling out the form.

• in the upper right corner in the dative case we indicate the position, name of the organization, full name. the manager to whom the application is addressed;
• on the next line in the genitive case we indicate the position and full name. the applicant;
• in the middle of the sheet we write the name of the document: “Application”.

• request for vacation, period (for example, 14 calendar days, from 03/29/2018 to 04/11/2018) and reason (if these are not annual paid vacations);
• The date, signature of the compiler, his surname and initials are indicated below.

Request for leave followed by dismissal

According to Art. 127 of the Labor Code of the Russian Federation, an employee can go on vacation before dismissal or receive financial compensation. True, providing days before terminating an employment contract is a right, not an obligation of the employer.

Even if management is not against it, it is necessary to draw up a written appeal.

The request has the same structure as already discussed above:

• a cap;
• the word "Statement";
• text asking for days. It indicates the start date of the vacation, its duration, and the reason for dismissal. The last day of rest will be the date of dismissal of the employee.

Sample application for leave 2021 with subsequent dismissal

The following must be remembered:

1. Part 1 art. 127 of the Labor Code of the Russian Federation states: if the employer refuses to provide a resigning employee with paid rest, he must pay compensation for unused days.
2. If the employer has agreed to provide the employee with rest before dismissal, it is necessary to issue an appropriate order. The form of the order for the provision of rest with subsequent termination of the contract can be developed by the enterprise’s personnel officer independently. The main thing is that it must contain all the necessary details specified in Part 2 of Art. 9 Federal Law No. 402 dated December 6, 2011. You can also issue two separate orders: for vacation - in form No. T-6 (T-6a) and for termination of the contract - in form No. T-8 (T-8a).

Legality of sharing additional annual leave

In order not to violate the employee’s rights, the employer must agree on the division of annual leave with his subordinates. The result of negotiations should be reflected in writing. This can be done in two ways (see table).

In some cases, an employee may qualify not only for main rest, but also for additional rest. Together they constitute an annual vacation with payment and duration of more than 28 calendar days. Art. 125 of the Labor Code of the Russian Federation provides for the possibility of splitting the holiday. This means that additional rest can be divided into several parts. Also see “Additional leave for hazardous working conditions in 2016.”

An indirect confirmation of the legality of splitting additional leave is the opportunity to receive monetary compensation for it (Article 127 of the Labor Code of the Russian Federation), and not to take all the required days off. Also see “Compensation for unused vacation”.

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How to write a vacation application.

To the director of MMM JSC Lena Golubkov from Lenusik.

Let me go to the Himalayas! Forget me for good! Otherwise I'll howl! I’ll bark at the wrong one! Otherwise I'll eat someone!

An employee has the right to leave (for all 28 days) after he has worked for one organization for six months. If an employee's wife is on maternity leave, then he should be given annual leave at any time - length of service in the organization does not matter.

If the company does not draw up vacation schedules (usually they are approved by the organization no later than 2 weeks before the new year), then vacation is provided by agreement between the employee and the employer. In this case, to avoid surprises, it is better to keep one copy of the application for leave - with a note that the application was accepted. Review from vacation

An employee can be recalled from vacation, but only with his consent. He can use the remaining part of the vacation at his choice during the current working year or add it to the vacation for the next working year. You can refuse to go to work before the end of your vacation; this will not be a violation of labor discipline.

It is impossible to recall from vacation workers under the age of 18, pregnant women and workers in hazardous industries (even if they agree). When can you go without a vacation?

With the consent of the employee, the employer may transfer his vacation to the next working year. But the law allows this to be done in exceptional cases when the provision of leave may adversely affect the normal course of work of the organization. Next year, this employee is entitled to two vacations.

An employer has no right to leave an employee without vacation for more than two years in a row. If an employee falls ill while on vacation, his vacation must be extended or postponed to another date. Replacing vacation with money

In October 2006, amendments to the Labor Code came into force, which prohibit employers from “buying off vacations.” Upon written application of the employee, only that part of the vacation that exceeds 28 calendar days can be replaced with monetary compensation. (The rule also applies when two vacations have been summed up).

Vacation and dismissal

Upon dismissal, the employee receives monetary compensation for all unused vacations. Upon his written application, unused vacations may be granted to him with subsequent dismissal (exception - cases of dismissal for guilty actions). In this case, the day of dismissal will be considered the last day of vacation.

In the event of a reorganization (for example, the name of the company or the legal form changes), employees are sometimes asked to write a letter of resignation of their own free will, and then hired again - and the length of service that affects the leave is lost. Anna Gvozditskikh said that according to Article 75 of the Labor Code, this is illegal. “But if you do write a letter of resignation, then keep in mind that you must be paid compensation for unused vacation, proportional to the months that you worked in this organization.” Payment for vacation days

Vacation days are paid in the amount of average earnings. It is calculated based on the employee’s income for 12 calendar months. Saturday and Sunday are paid. Non-working holidays that fall during vacation are not paid. But they are not included in the number of “vacation” days. Therefore, by “surrounding” your vacation with holidays, you can lengthen it.

Vacation pay must be paid no later than 3 days before the start of the vacation. If they are delayed, the employee may request that the vacation be postponed to another time convenient for him.

Sample application for leave to the Director of Svezhest LLC, P. M. Ivanov, from project manager N. V. Petrova.

Please grant me another vacation from December 11 to December 30, 2007.

Dividing the vacation into 2 parts

Not every production and not every other organization has the opportunity to send its employees on continuous rest. Therefore, dividing annual leave into parts becomes the only way to avoid losses for the company.

Please note: if an employee does not agree to this procedure, the employer has no right to oblige him. The decision to split up rest cannot be made solely by the manager. This contradicts the letter of Rostrud dated July 17, 2009 No. 2143-6-1.

The employee can dispose of the vacation at his own discretion: take it all at once. This means that the division of paid leave is not a mandatory procedure.

A manager, wanting to split up an employee’s vacation, must convince him and not force him. The fact is that for this Code of Administrative Offenses of the Russian Federation (Part 1 of Article 5.27) the amount of fines for committing such an offense is fixed. Responsibility may be incurred by:

• directly heads of enterprises or businessmen (from 1 to 5 thousand rubles);
• legal entities, that is, organizations as a whole (from 30 to 50 thousand rubles).

The most optimal solution would be to divide your vacation into 2 parts, that is, divide your vacation time into 14 days. This way it will be possible to take a normal break from work, and at the same time not to the detriment of production. Moreover, there are no difficulties for the employer when calculating vacation pay.

We suggest you read: How long can you return a wall clock?

Vacation can also be divided according to another scheme:

1. Write to the employer an Order to call an employee back from vacation when 14 days have already passed. But it is imperative that the employee agrees with the management’s decision. Therefore, his signature must appear in the Order together with the word “agree”.
2. Afterwards, the employee goes to work, but the rest of the time that he did not complete, he must use during the calendar year.
3. The manager must not violate the rights of the employee and is obliged to give him at least two weeks of rest before the end, and then notify him of the need to return to work.

The procedure for dividing vacation into several parts

The algorithm for dividing the vacation into several parts is simple and is performed according to the following scheme:

1. A statement is written on behalf of the employee.
2. The application is signed by the manager.
3. When compiling vacations, the schedule takes into account the employee’s wishes.

The person responsible for drawing up the schedule pre-coordinates draft vacation schedules for the next year with interested parties and with the employees themselves. It is imperative that the employee’s signature is included, which means his consent.

But in practice, there are cases when vacation needs to be divided into parts after the schedule has been approved.

To do this, perform the following steps:

1. The employee writes a statement on his own behalf addressed to the manager.
2. The application is signed by both parties.
3. Information about upcoming changes is entered into the personal card.

Afterwards, the schedule is adjusted, and if necessary, an organizational document is prepared, which is also familiarized to the employee.

When an employee writes an application, the following information is indicated on the paper:

• surname and initials of the employer;
• employee information;
• request for division of leave;
• holiday dates are indicated;
• employee signature and date of preparation of the document.

The application is signed by the manager and then transferred to the person responsible for maintaining time records. By decision of the management, an Order is prepared, which reflects the information:

• organization details;
• the preamble indicates why it is necessary to divide the vacation into parts;
• employee's initials;
• vacation dates are indicated.

The document is signed by the manager, and new dates are entered into the vacation schedule. In order for the document to be correctly executed, it is necessary that the Order contains the signature of the employee indicating his agreement with the new vacation dates.

Is it possible to divide vacation without the employee’s consent?

In practice, there are also cases when little depends on the employee’s wishes, and the requirement to divide the vacation into parts is set by the employer. Especially if the further state of affairs at work depends on the employee. What to do under such circumstances?

At the legislative level, a manager cannot force an employee to work during vacation or to go to work without his consent. It is also impossible to divide his vacation into parts without the decision of the employee himself.

In order not to disrupt the technological process cycle, you can only reach an agreement with the employee, otherwise this will result in penalties.

The legislative framework

As you know, all labor relations, with the exception of work contracts, are regulated by the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). So, annual leave with payment is guaranteed to all citizens without exception; this is enshrined in the Constitution, namely in Art. 37, as well as in articles 2, 21 and 114 of the Labor Code of the Russian Federation.

Article 115 of the code guarantees an employee a vacation of at least 28 days. In addition, the employer may establish additional leave for certain categories of employees. The conditions for granting vacations are necessarily stipulated in local regulations, as well as labor and collective agreements.

Employers are prohibited from establishing holidays of less than 28 days; this is a violation of the law. For such an offense, you can demand in court or by complaint the application of norm 5.27 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offences). In case of proven guilt, the employer will be obliged to pay a fine of 1000-5000 rubles, and you, in turn, will receive the required leave.

Another very important rule in granting vacations is drawing up a schedule; it is on the basis of this document that the procedure for granting vacations is formed. It must be approved two weeks before the start of next year. This is all regulated by Part 1 of Article 123 of the Labor Code of the Russian Federation. The vacation schedule is mandatory in all organizations, regardless of their form of organization. (OJSC, LLC, CJSC, etc.), this is also mentioned in the same article.

Cases in which vacation is postponed

The legislation establishes an exact list of cases when vacation can be postponed to another date. So, in Art. 123 the following transfer cases are given:

• If the employee is incapacitated during the scheduled vacation. This transfer is carried out due to the fact that the employee, due to his illness, cannot rest fully, which will certainly affect his future work.
• When the employee was not paid due vacation pay. It must be paid three days before the start (Part 9 of Article 136 of the Labor Code of the Russian Federation).
• If the employee did not receive a notice of vacation two weeks before the start.
• If the employee needs to perform government duties on a set date. The legislation provides for a list of state responsibilities that may be the reason for rescheduling leave.
• If the employee himself does not want to use the vacation, in this case it is transferred to the next year.
• In other cases provided for by the internal regulations of the enterprise.
• In an exceptional case, vacation can be postponed at the will of the employer, but only with the consent of the employee. This clause is provided for cases where the absence of an employee may adversely affect the operation of the enterprise. In this case, if the employee agrees to continue working, the leave is transferred to the next year and must be used no later than 12 months later.

This need arises when an employee has already gone on vacation, but it turns out that without him the normal functioning of the organization is impossible, for example, if the employee replacing him got sick and went on sick leave, or a large order arrived and there are not enough people to process it, and so on.

In this case, the employer simply has no choice but to call for help from the employee who has gone on vacation. This whole matter is regulated by Article 124 of the Labor Code of the Russian Federation, namely, its 2nd part.

Such a transfer is possible only if certain nuances are taken into account:

• The employee must agree to come to work.
• If he returns to work, he is given the right to choose any other days to use his paid vacation, or he can add the remaining days to his vacation next year.

Splitting the main rest without the employee’s consent: is it legal?

Sometimes, through internal documents, employees are required to divide the second part of their vacation into several periods. In this regard, keep in mind: this provision violates the rights of workers and is illegal. It is prohibited to apply such local acts in practice due to their inconsistency with the provisions of the Labor Code.

If an employee is faced with an internal rule that infringes on his rights, he can refuse to comply with it. If a conflict arises with the manager, the employee should contact the labor inspectorate. Employees of this service will check the internal acts of the enterprise, report their illegality to the director of the organization and oblige to correct the situation.

Documentation of vacation transfer

If it is necessary to postpone the vacation, the employee must write a statement, which must include the following information:

• The date on which the vacation was supposed to begin.
• The date on which it was supposed to end.
• Reason for moving it.
• The date to which you want to reschedule your vacation.

If additional days are required for the vacation, then additional documents must be attached to the transfer application confirming that the vacation can be extended.

On the part of the employer, the transfer is formalized by a specially issued order. It must indicate the motives that served as the reason for the transfer. The employee’s statement can be indicated as the basis. The employee, for his part, familiarizes himself with the order and, after reading it, signs - “I have read and agreed with the order.” If the postponement is justified and everyone agrees, a note with new dates is added to the schedule.

Vacation pay for working days and weekends

The Labor Code does not regulate how an employee can use the division of basic leave. The employee draws up the application independently. As vacation days he can take:

• work days;
• working days and weekends;
• weekend.

Depending on this, the actual duration of the vacation may vary. The following situations are possible here (see table).

Note that if an employee constantly postpones his vacation to weekends, this may raise questions from the inspection authorities. Although if you use such leave once a year, there should be no complaints. Also see “If the vacation coincides with the holidays.”

Required documents

To transfer leave, you can collect any documents that, in your opinion, are the basis for such a procedure, and the employer, in turn, will evaluate them in accordance with the law.

Examples of documents may include:

• Sheet of temporary incapacity for work.
• A document that confirms the fulfillment of government duties.
• Other documents provided for by law.

Instructions - how to write an application for transfer

An application for transfer of leave is a special document in which an employee expresses his request, addressed to the employer, represented by the director, to transfer his annual paid leave to another date.

There is no special form for drawing up this document, however, there are data that must be indicated. So, if you need to reschedule your vacation, you write an application as follows:

• First, you need to write a heading - this is standard for all applications; it should be at the top of the sheet on the right. It indicates the name of the full enterprise and the full name of the employer in the dative case, your data is written just below - position and full name in the genitive case;
• Below is written in capital letters - STATEMENT;
• Now, let’s go below, here we write in continuous text the application itself with a request for a transfer and indicating the reason and dates for which the transfer must be made;
• At the very bottom is your full name, date of compilation and signature.

Documents must be attached to the application to confirm the need for transfer.

Instructions for transferring vacation

When transferring vacation, the following procedure is observed:

1. First, the consent of both parties must be obtained - the employee agrees with the employer on the timing of the transfer of his vacation on a personal basis.
2. The employee’s application is registered - in the HR department, the employee writes an application addressed to the head of the organization, indicating the timing and reasons for the transfer.
3. The employer issues and registers an order - the employer issues an order of the established form on the need to change the vacation schedule.
4. The employee reads the order - the employee reads the order, and if everything suits him, he signs that he agrees with the transfer.
5. Changes are made to the schedule - the vacation schedule is changed in accordance with the order.
6. Changes are made to the employee’s personal card - this is a special procedure in which, in order to maintain the employee’s personal data, all information about the performance of work at the enterprise, including vacations, is entered into the card.
7. The relevant information is also entered into the working time sheet.
8. Vacation payments are recalculated - taking into account changes in time, and, possibly, vacation dates, the amount of time with the corresponding payments is calculated.

Sample application for rescheduling vacation

Filimonov Peter Georgievich

Germanova Tamara Petrovna

I ask you to postpone my annual paid leave, scheduled from 06/01/2014 to 01/28/2014, to 09/28/2015 for family reasons.

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Paperwork

Regulates the division of parts of the vacation - the Labor Code of the Russian Federation. The procedure is accompanied by the preparation of standard documents. If an employee independently decides to take part-time leave, he writes a statement. The length of rest does not matter. Responsible persons act in the following order.

1. The employee's application is accepted. It indicates full name. employee, start and end date of vacation, personal signature. On the document, the manager makes a note about the satisfaction of the application.
2. A vacation order is drawn up (de facto, an order to divide the vacation into parts). In this case, you can use a special T-6 form.
3. They enter the data into the calculation note in order to accrue vacation pay to the employee. This is an accounting matter.
4. Make a note in a special section of the employee’s personal card about the next vacation.
5. Changes are made to the time sheet.
6. Make a note on the vacation schedule. The actual date is entered in a special column. The basis and date of changes are indicated in the vacation transfer column.

We suggest you read: When can you take your first vacation?