Sample application for time off due to vacation in 2021: How to write

Every citizen of the Russian Federation who works officially has the full right to receive leave or compensation for it. A sum of money can be received not only for the main vacation, but also for additional days that the employer can allocate.

Let's look at how to correctly fill out an application, and also determine what rules should be followed when writing a document.

When deciding to write an application for compensation, follow these rules:

You can draw up a document on a PC, or you can write it by hand with a regular blue pen. By the way, be sure to write the application on an A4 sheet, otherwise the document will not be accepted.
In the header of the document, indicate correct information about the organization, the head of the company, and also about yourself. If there is an error, the application will be considered invalid.
In the name of the document you should write only one word - “Application”, after which there is no period.
In the content, be sure to refer to articles and laws that confirm your right to receive compensation. In addition, indicate for how many days of unused vacation you want to receive a sum of money, for what period. These may be additional days that the employer allocated to you, but you did not use them, as well as the main vacation days that the employee is entitled to.
At the end of the document, do not forget to put the date when you submitted the application and your signature with a transcript.

A sample application for compensation for unused vacation, granted annually, looks like this:

A sample application for compensation for part of unused vacation is as follows:

How to Correctly Write an Application for Vacation Remaining

Usually vacation is divided into parts. Which ones are determined by agreement of the parties to the employment contract. The main thing is that at least one part of the vacation is at least 14 calendar days (Part 1 of Article 125 of the Labor Code of the Russian Federation). For example, an employee uses 14 consecutive days during the year, and the remaining 14 days, by agreement with the employer, can be used at least 14 times for 1 calendar day or in any other combination.

The deadline for submitting an application must take into account these rules. Situations arise in which an employee decides to divide the annual leave into several parts. Then an application is written to break down the vacation time. “Application for leave” and separately “Application for resignation of one’s own free will.”

Sample application for the remainder of the vacation (read more...)

Sample management order to postpone vacation to another date

The order must be issued by the head of the company. This document can be used to approve an application to postpone a vacation or part of it, as well as other documents.

Placing an Order is quite simple.

Follow these rules:

The introductory part should contain the name of the document (“Order”), the city and date.
In the content part, you should state the reason for the transfer, indicate the position of the employee to whom the vacation period will be transferred.
Affirmative questions should be listed after the words “I order.”
It is necessary to indicate the person who will control the execution of the Order.
At the end of the document it should be stated which documents were the basis for the transfer.
Next, the director or manager must sign.
Employees affected by this order must sign to confirm that they have read the document.

The employee should not issue an Order - even if the manager himself asks for it!

Sample application for unused vacation

How to write a vacation application correctly - examples Sample application for financial compensation: In the application for unused vacation you must indicate:

Employees of enterprises, organizations and institutions are granted vacations of various types and varying durations. This is another paid leave, educational leave, maternity leave, leave at your own expense, etc. The provision of vacations is carried out by order of the organization, which makes the employee’s absence from the workplace legal and is the basis for the payment of funds due to him. The basis for issuing an order is a statement. The article discusses how to correctly write a vacation application, and the 2021 sample will help you write it correctly.

How to correctly write an application for part of a vacation
How to write a leave application for the remaining days
How to write an application for the rest of your vacation

The article provides sample applications for:

Design features

The allocation of time off to subordinates who worked outside normal hours is regulated by the Labor Code of the Russian Federation.
In order to be absent on the planned day, the employee must register a petition stating his intention to miss work on account of the current leave. The peculiarity of allocating time off for annual rest is that the number of days for receiving time off cannot be more than 14. The duration of a regular vacation is 28 days, and in accordance with the Labor Code of the Russian Federation, a person is obliged to “take off” his annual vacation for at least 14 days. He can “scatter” the remaining days throughout the year.

After filling out the request, it must be sent to the manager for signature. Then the endorsed document is transferred to the personnel department to issue an order to grant time off to the author of the petition.

Having issued the order, the personnel officer submits it to the boss for approval and after this step, the author of the request is introduced to the order against signature, after which he has the right to leave the institution on the date that is displayed both in the request and in the order.

If a subordinate urgently needs to leave work after already taking a “time off” vacation, then in this case he will have to submit a request for time off at his own expense, attaching documentary evidence of the need for time off.

How to Correctly Write an Application for Vacation Remaining

Located in the upper right corner of the sheet. The dative case indicates the position of the head of the organization, the organizational and legal form of the organization, the name of the organization, the surname and initials of the head of the organization to whom this application is addressed.
The applicant's position and full name are written in the genitive case.

“Based on the provisions of Art. 124 of the Labor Code of the Russian Federation, I ask you to change the start date of my vacation to August 14, 2021. Leave the duration of vacation unchanged: 14 calendar days.”

Application for leave (read more...)

Financial compensation

In accordance with Article 126 of the Labor Code of the Russian Federation, an employee has the right to replace unpaid vacation days with monetary compensation. There is one subtlety here: compensation can only replace additional leave; the employee must use the main leave of 28 days in full (Article 126 of the Labor Code of the Russian Federation).

That is, Alexander can take 5 days off at a time convenient for himself (in agreement with management), and replace 8 days of additional leave with monetary compensation. Compensation can be requested for all or part of the additional leave.

Not all categories of workers can receive monetary compensation instead of vacation. Young workers under the age of 18, workers employed in hazardous (hazardous) production and pregnant women must take full leave (Article 126 of the Labor Code of the Russian Federation). They are not provided with monetary compensation.

The only exception is vacation compensation upon dismissal of an employee. In this case, the employee is provided with compensation for all vacations not taken, both for the main and for the additional ones (Article 127 of the Labor Code of the Russian Federation).

In this case, you do not need to write an application for compensation upon dismissal - the employer is obliged to do this automatically.

How to Correctly Write an Application for Vacation Remaining

If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.

How to correctly write an application for part of a vacation
How to write a leave application for the remaining days
How to write an application for the rest of your vacation

Application for leave remaining days (read more...)

Legislative regulation

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). The employer can increase this time through additional leave - for irregular working hours, special working conditions, length of service, etc. (Article 116 of the Labor Code of the Russian Federation).

You can read about who is granted additional leave.

However, it is not always possible to use all of your vacation. There may always be a need to return to work early.

Let's look at the situation with an example:

Last year, a certain Alexander went on vacation for a total duration of 36 calendar days (28 days of main vacation and 8 additional ones).
After 23 days, Alexander was recalled from leave due to production needs.
A very important point here is the mandatory execution of an order to recall an employee from vacation. Thus, he has 13 days of vacation left. How can he use the remaining days?

Watch a video about unused vacations:

How to write a vacation application for previously unspent balances

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 the 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. If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.

Can an employer refuse to grant time off?

As a rule, the employer accommodates an employee who wants to take an additional day off towards future vacation. Nevertheless, sometimes situations arise when a boss may refuse such a request from a subordinate. And he has the right to do so.

The fact is that vacation is provided to employees according to a pre-drawn schedule. Adjusting the schedule due to a change in the vacation period (even if the employee is going to be absent for one day) will certainly affect the position of other employees. In this regard, obtaining permission to use your holiday in parts is not easy.

First, management analyzes the reasons that prompted the employee to ask for an additional day or days of rest. If there are no grounds for refusal, i.e. the subordinate has given valid reasons, management expresses its consent.

Family circumstances are considered valid reasons, namely:

marriage or divorce;
birth of a child;
illness or death of a family member, etc.

The following circumstances may influence management’s refusal to request a leave of absence:

a subordinate often takes time off and goes on sick leave;
there is a production need for the presence of an employee;
the period of inspections and submission of reports has begun;
a subordinate often violates internal labor regulations, etc.

A refusal to provide additional time off will be unlawful if it is directed at the following persons:

WWII participants;
working pensioners;
citizens with disabilities;
close relatives of military personnel who died while performing their professional duties, etc.

An employer may allow you to take time off as vacation if the employee’s work experience in the organization is at least 6 months.

The total period of possible time off for annual paid rest should not exceed the agreed total time of the vacation period as a whole (taking into account two weeks, which the subordinate must use in full at one time).

Payment for additional time off towards vacation is carried out in the same way as payment for vacation. In both cases, it is necessary to calculate the average earnings per day, and then multiply by the number of days of the upcoming leave.

If the employer refuses such time off, the worker may attempt to take a day (or several days) of rest at his own expense.

In this case, it is also necessary to write a statement addressed to the manager.

An application requesting time off at your own expense must provide the reasons for such a request.

After the employer gives his consent to the time off, the responsible persons can issue an order. The issuance of an order in this case is not mandatory. As a rule, the HR department prefers to issue such a document before a full vacation, indicating in it the days that were used as time off.

If an order is nevertheless drawn up, it indicates the following:

number, date and name of the document (order granting time off to an employee on account of vacation);
Full name and position of the employee interested in an additional day of rest;
the period for which the leave is granted (the start and end dates are specified);
the grounds for the time off provided;
signature of the employer and the employee who has read the document.

Where to go in case of illegal refusal

If a working citizen is sure that his rights are being violated (i.e., the boss’s refusal to provide time off is unlawful), he has the opportunity to contact the following authorities:

labor inspectorate;
trade union;
court.

If a subordinate decides to contact the labor inspectorate, he must do the following:

file a complaint explaining the reason for the appeal;
Attach supporting documentation (if available).

The complaint states the following:

the name of the territorial inspection to which the complaint is being submitted;
Full name of the inspector for whom the complaint is intended;
Full name of the applicant himself;
title of the appeal (complaint or application);
the employer's violations are listed with references to current legislation;
date of registration and transfer to the inspection;
applicant's signature.

The text of the complaint sent to the labor inspectorate must indicate violations of the law committed by the employer in relation to the employee

If a violation of labor legislation is confirmed, the inspection will issue an order to eliminate the violation or send information to the executive authorities.

When contacting a trade union, a citizen also writes a complaint, after consideration of which this authority issues a demand to eliminate the violation of labor legislation. Such a requirement is sent to the management of the organization in which the citizen works.

A response from the head of the organization must be submitted within a week. The last authority where an employee of an organization can turn in the event of a violation of his rights is the court. In this case, he writes a corresponding statement of claim.

The statement of claim states the following:

Name of the court.
Information about the plaintiff (his full name, position, address).
Information about the defendant (name of employer, address, full name if it is an individual entrepreneur).
Name of the document (“Statement of Claim...”). This indicates the reason for filing the claim and describes in detail all violations of the employee’s labor rights.
After presenting all the information, the plaintiff must write his demands (for example, elimination of violations of employee rights).
Evidence of violations is attached to the claim.

In the statement of claim for the protection of the employee’s rights, it is necessary to specify in detail exactly what rights are violated by the employer

If the manager does not comply with the instructions of the labor inspectorate, trade union or court, he will be subject to administrative liability in the form of a fine.

If a working citizen has a need for an additional day of rest, he can try to take time off as part of his annual paid vacation. The employer decides this issue at his own discretion, i.e. he may agree to provide time off or refuse such a request. However, the legislation provides for situations where the boss does not have the right to prevent the registration of time off towards a future vacation. If the rights of a subordinate are violated, he can file a complaint or application with the labor inspectorate, trade union or court.

Author: ozakone
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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

What to do if an employee refuses to sign the notice

If the employee does not agree to sign the document, a report about this is drawn up. The act indicates the reasons for the refusal according to the employee. The act is signed by witnesses to the refusal (at least two).

The employee should be explained that by refusing without a good reason, he violates labor legislation, because according to Art. 123 of the Labor Code of the Russian Federation, compliance with the schedule is mandatory, including for the employee. Consequently, in such a situation, the employer has the right to bring him to disciplinary liability (explanations of the Ministry of Labor on the website onlineinspektsiya.rf to issue No. 90971 of October 17, 2017).

If the employee is not notified in time about the upcoming vacation, the employer, in accordance with Article 124 of the Labor Code of the Russian Federation, will be obliged, upon his written application, to postpone the annual paid vacation to another period agreed with the employee.

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:

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.
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).

Let's sum it up

When you simply need to shift your vacation from the dates indicated in the vacation schedule, write an application to reschedule your vacation. The transfer can be either at the request of the employee or at the request of the employer. In the first case, with the exception of a number of reasons specified in the law, only the employer decides whether to postpone the vacation or not.

An application to cancel vacation is written if its registration has already begun, but the employee has not yet gone on vacation. A manager's visa with approval for vacation cancellation starts the chain of documenting the cancellation: you need to issue an order canceling previously completed vacation documents and make changes to the vacation schedule.