Application for non-vacation leave 2021 and 2021

In the legislation of the Russian Federation there is neither the very concept of “time off”, nor a documented form of a document called “application for time off”. Instead, terms such as “day off for vacation”, “additional day off”, etc. are used. However, if an employee of an enterprise has a need not to go to work on some day, he may well turn to his superiors with a request to give him “time off” and everyone will understand.

Examples of requests for time off:

- at your own expense for one day - for a previously worked day - for family reasons - for donating blood - on account of vacation - for several hours

A common situation is when an application for time off is written at the expense of previously worked time. For this case, a sample application is prepared at the very beginning of the material, and a blank form is also attached:

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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...)

In what cases is monetary compensation instead of vacation not possible?

A number of situations noted in the law do not allow employees to receive financial payments instead of vacation days. In particular, it is impossible to replace the planned and additional paid annual leaves required by law with compensation.

pregnant women,
employees who have not reached the age of majority,
those who work in harmful or dangerous industries,
some other categories of citizens.

The only exception is if such an application comes from an employee who wants to quit his job. In this case, compensation for unused vacation with a monetary payment is due to him by law.

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:

Who and under what conditions can count on such compensation?

To begin with, it should be noted that the application can be drawn up at any time and every employee of an enterprise or organization can write it. Another thing is that not everyone can receive a financial payment instead of days off.

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An important condition is that the replacement of the “unnecessary” part of the leave always occurs at the initiative of the employee; the employer has no right to make such proposals, much less unilaterally issue orders for the payment of monetary compensation instead of providing leave to subordinates.

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...)

How is the amount of compensation in lieu of vacation calculated?

Determining the amount of the expected payment is not difficult, since it is calculated according to the same rules and formulas that accounting uses to calculate the average salary for the vacation period. In other words, you need to divide the amount of accrued salary for 12 months first by 12, and then by the average monthly number of calendar days 29.4. The result obtained will be equal to the employee’s average daily earnings, which must be multiplied by the number of days for which he wants to receive compensation.

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...)

Procedure for assigning compensation instead of vacation

After the application is received, the head of the enterprise is obliged to put his resolution (positive or negative) on it. If a negative decision is made, then the employee will have to take a full vacation, but if it is positive, the organization will issue an appropriate order, on the basis of which the accounting department will calculate the amount of compensation for the employee and pay it before the employee goes on vacation.

If for some reason an employee changes his mind about receiving compensation instead of vacation, he has the right to revoke the document, but only until the vacation period begins.

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.

Reasons for time off

You won’t be able to just take time off - practice shows that usually an employee is required to either work an additional day off in advance or subsequently, or take time off towards a future vacation or as leave without pay.

In some cases, due to operational necessity, management may deny an employee an additional day off, and this will not be a violation of the law - time off is granted only with the mutual consent of both parties.

It is also worth remembering that those employees who have worked at this enterprise for less than 6 months are not entitled to time off at all.

At the same time, there is a category of employees who can take time off at any time without waiting for management approval. This:

WWII participants;
pensioners;
people with disabilities;
close relatives of military personnel who died in the performance of military duties.

In companies with a shift schedule, agreements between employees to replace each other if necessary are widespread. This way allows not to disrupt the production process and at the same time suits all parties.

But large enterprises where trade unions are active often have a developed and approved collective agreement, which stipulates a separate clause on the conditions for granting time off and additional vacations. If such a document exists, then each employee of the organization must be familiarized with it against signature already at the employment stage.

Time off for donating blood

A person who is a donor is entitled to certain social guarantees. This includes an additional day off. This day is counted as a working day in the worksheet and is paid. In this case, the memo is submitted the day before and then confirmed by a certificate in form No. 402-u.

In this case, the appeal is formalized in a standard manner, differing only in the wording of the reason.

Moreover, if the day of blood donation falls on a weekend, the right to an additional day of rest still remains. And it can be taken on any working day, having previously agreed with the manager.

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 5 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: 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 pay 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).

If you are denied leave

Workers who do not fit the above categories may be denied days without pay. In case you were refused, but really need to go on vacation, we have prepared step-by-step instructions on how to properly complain to the State Tax Inspectorate - but this is the last argument.

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.

IMPORTANT! If the number of days taken by the employee at his own expense turns out to be more than 14 per year, then more than the specified number will not be counted towards the length of service.

Application for leave without pay, sample 2019

If a day off is denied

As a rule, employers accommodate their employees and do not refuse additional days of rest. But there are times when the request remains without approval. The grounds for refusal are:

rush job;
lack of replacement for the employee;
force majeure circumstances at the enterprise.

In such situations, it is recommended to discuss additional rest days with your employer in advance.

If additional time off is denied without objective reasons, the employee is obliged to ensure that his request is registered as an incoming document. And if after this no response to the application is received or a refusal to provide rest is received, the employee has the right to write a complaint to the labor inspectorate at the employer’s location. But this is already a last resort.

It is advisable for the employee to try to resolve this issue independently. If the manager does not compromise, then he is warned that after receiving an official refusal to take time off, he will write a complaint to the labor inspectorate.

Decor

In addition to the standard information of the manager and the applicant, the application for monetary compensation must indicate the following points:

“Compensation for additional paid leave” must be indicated.
For what period of work leave is granted (calendar year is indicated).
The number of days of additional paid leave for which you would like to receive payment.
Date of writing the application.
Applicant's signature.

Sample application for financial compensation:

The application for unused vacation must indicate:

For what period of work is vacation granted (calendar year).
From what date would the employee like to go on vacation?
Duration of vacation.
If the employee was recalled from vacation by order of management, the application must indicate the number and date of the recall order.
Date of writing the application.
Applicant's signature.

Application example:

The employee has the right to take regular leave in installments. Necessary condition: one of its parts must be at least 14 calendar days.

Often, unscrupulous employers scare employees with the fact that unused vacation days “burn out” and cannot be used at the end of the calendar year. However, it is not. If you didn't go on vacation last year, you can easily add last year's vacation to this one. This is regulated by Article 124 of the Labor Code of the Russian Federation.

If an employee was on sick leave during his next vacation, at his request the vacation is extended for a period of temporary incapacity for work.

Vacations used in full and without interruption are the exception rather than the rule in our time. In order to use the days of rest provided by law, book your vacation correctly!

Let's summarize

There is no need to be afraid that the employer will not sign the application for time off. It is important that the citizen warns him in advance, explains the whole situation, gives compelling arguments, helps him understand the current situation, then there will be no problems with submitting an application, considering it, receiving money, and relations in the work team will not be damaged.

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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).

There are situations when an employee does not have the opportunity to take the entire vacation for the required period. In this case, you can write an application for unused vacation according to the sample and take off the missing days. Employees also often ask to replace vacations with monetary compensation. Read more about all the nuances in our article.

Application example

This form of the document has a fairly simple appearance, so its preparation should not cause any difficulties.

Document header

First, at the top left or right (this is not of fundamental importance), the addressee of the application is entered, namely, the full name of the employing organization (in accordance with registration documents), the manager (the position is indicated according to the staffing table), as well as his last name, first name, and patronymic. Then data about the employee is included in the same way. The line just below indicates the locality and date of the application.

After this, the word “statement” is written in the middle.

Statement body

The main part of the document must include a request to replace part of the annual planned or additional paid leave with monetary compensation. It is necessary to enter its period (start and end date), as well as the number of days on which the employee would like to receive money instead of rest.

Signatures

Finally, the application must be signed with an indication of the applicant’s position and its mandatory decoding.

How to apply

Any omission by a specialist from work at the company must be explained in writing.
After all, some incident may happen to a person or other circumstances may arise that need to be urgently resolved without the permission of the authorities. Unreasonable absence from work is fraught with big troubles for the employee. Therefore, before leaving work, you need to notify your superiors in writing of your intention to take time off, and also agree on the date of its allocation, regardless of the degree of overtime.

After receiving a request for time off, management is required to write a visa on the form, indicating consent to grant the employee time off. After the visa is issued, the document is sent to the personnel department for drawing up an order.

The order must indicate why the specialist is given time off, state the reason for being hired to work on weekends, and reflect the previously issued order. If a specialist is given time off instead of working on weekends, there is no need for a new order on time off; it is enough to note the data on the report card.

Today, in the Labor Code of the Russian Federation, the rules for allocating time off are not completely regulated; some people have a question: is it possible to go on time off without the knowledge of the director of the institution? The answer is clear - if a specialist misses any work, he will be assigned the status of absenteeism.

What to do if your employer does not give you time off?

If the subordinate is not a benefit recipient, the employer may refuse the request for time off. The reason for this decision may be the following:

No replacement. If an employee is absent, the institution may receive certain losses.
Previous violation of labor discipline by a subordinate. In this option, the subordinate will be forced to ask for time off at his own expense, however, the employer may refuse the person this too. When filling out the phrase “... at your own expense...” in the request, the request must necessarily indicate the reason for the absence.

If a subordinate needs to leave for only a few hours (up to 4), then the employer can allow the absence of a colleague without bureaucratic delays. However, if the absence will be more than 4 hours, then it is better to submit an application indicating the time of absence. In some companies, the employment contract stipulates the procedure for allocating time off without giving a reason.

In addition to the preferential category of persons (donors, weddings, the birth of a baby or the funeral of relatives), the standards provide for other reasons obliging the employer to provide time off:

If the office is very hot (more than 32.5 degrees C) or too cold (less than 13 degrees C). This provision is regulated by Art. 212 Labor Code of the Russian Federation.
When passing exams at an educational institution, defending a dissertation and passing certification.
Passing a medical examination from the institution. In this case, payment for the medical examination must be made at the expense of the institution. If management tries to shift payment to a subordinate, this is illegal.
If you are injured at work, or if a subordinate is not feeling well. However, the person must subsequently bring supporting medical documentation.

Sometimes there are situations when the employer does not sign the petition. What to do in this case?

If a subordinate belongs to a preferential category of persons, management does not have the right not to release the person. If this provision is not met, the subordinate must submit a request with a note that the company administration is violating the norms of the Labor Code of the Russian Federation, which is why he will be forced to file a complaint with the labor inspectorate. As a rule, this helps.

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).

Here 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: