Application for transfer of vacation: sample 2021

One of the types of rest guaranteed to the working population by Article 107 of the Labor Code is vacation. According to Article 115, everyone is entitled to 28 paid days off annually. And for certain categories of workers (for example, teachers) and more.

Transferring vacation to the next year is possible, in accordance with Article 124. At the initiative of the employer, it is permissible only in a single case. The organization must prove that the temporary absence of an employee at the required time will negatively affect business activities.

Reasons for filing an application to reschedule vacation

The vacation period for employees is outlined in a special schedule, which is drawn up in advance - at least two weeks before the start of the year for which the vacations are planned. Since the vacation schedule is written based on the production capabilities of the company and the wishes of the employees, making subsequent adjustments to it is undesirable. However, there are force majeure circumstances due to which one or another employee is forced to go on vacation earlier or later than the scheduled time - it is in this case that an application for rescheduling the vacation is required.

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It is important to fill out the application properly, with the necessary additional documents attached, given that in some situations it may acquire the status of a legally significant document (for example, when resolving various disputes and disagreements with the employer with the involvement of a labor inspectorate or court).

General transfer rules

Based on Art.
123 of the Labor Code of the Russian Federation, each employer is obliged to draw up a vacation schedule for the next working year in mid-December in order to determine in advance which employee will have a rest and during what period. But situations are different, so it is quite acceptable to postpone days of absence from work. The reasons for such a decision can be divided into 2 groups:

At the employee's initiative.
At the request of the employer.

Each of these situations should be given special attention. Let us further consider whether the vacation is transferred to the next year and in what cases.

Is the employer obligated to grant the employee's request?

An application to postpone the vacation period is not a guarantee that the employer will accommodate the subordinate - the law gives him the right to refuse the application, but only if there are no special reasons prescribed by law to postpone the vacation. In all other situations, the postponement of vacation is a purely voluntary expression of the will of the parties, taking into account their mutual interests.

In judicial practice, there have been cases when an employee wrote an application to postpone vacation, but the employer refused. Despite this, the employee went to work on the first day of his vacation, but the court regarded such behavior as a violation of labor discipline, deserving of certain disciplinary punishment.

Therefore, when writing an application, you should remember that the last word almost always remains with the employer.

In what cases is an employer obliged to reschedule an employee’s vacation?

There are a number of circumstances in which an enterprise is obliged to postpone an employee’s vacation period.

One of the most common reasons: temporary disability of an employee, in other words, being on sick leave.

If a person gets sick on the eve of a vacation and asks the employer to reschedule vacation days, the latter does not have the right to refuse him. And even if the company has already issued an order to leave an employee, it must be canceled.

Another reason for postponing the vacation period: the employee performs government duties during the planned vacation (but only when the Labor Code of the Russian Federation gives in this regard the right to be released from the main job).
In cases where the employer delayed payment for vacation or did not send the employee timely (two weeks in advance) notice of the approaching vacation period, the employee also has the right to submit an application to postpone the vacation and the employer will be obliged to satisfy it by postponing the vacation to another period, previously agreed upon. with an employee.

There are other circumstances under which the employer must reschedule vacation without fail: all of them are spelled out in detail in the Labor Code of the Russian Federation or in local regulations operating within the organization.

Transferring vacation days to another period

Transferring vacation due to production needs is considered a common occurrence in enterprises and organizations. And although workers’ vacation schedules are drawn up in agreement with the team, the trade union and the administration in advance, or rather before January 1 of each new calendar year, emergency situations of a personal or production nature often arise that require adjustments.

In accordance with the Labor Law, the transfer of leave at the initiative of the employer, but exclusively with the consent of the employee, is provided for in Articles 124 and 125. The procedure is carried out in the presence of official documents, namely:

letters of proposal to a subordinate to postpone the period of rest;
an order for the organization to adjust information in the vacation schedule;
worker statements.

In each specific case, additional documents and certificates may be required as the basis for consideration of the issue. They are required to confirm temporary disability, minor age, difficult working conditions and other circumstances.

Relevance of the transfer

The initiator of postponing leave for a planned vacation can be either a manager or an employee. The law establishes more than one reason for postponing vacation, which must be correctly formulated for the application. According to established practice, the main reasons for postponing the rest period can be identified.

At the initiative of the employer:

Inspection of the company's activities in certain areas, requiring the presence of an employee at the workplace. This applies mainly to department heads or financial specialists.
The need to send a subordinate to another organization because other employees do not have enough experience and qualifications.

At the initiative of the employee:

The presence of exceptional life or family circumstances, for example, a natural disaster, flood, fire, death of a loved one, sudden travel and other situations.
Temporary disability, availability of sick leave.
Fulfillment of state or public obligations, during which the employee is released from his main job. This means undergoing medical examinations, participating in military training, and conducting surveys in law enforcement or judicial structures.
Rest days coincide with passing a knowledge test, in particular, with passing exams during the session during the period of study and education. The occurrence of events provided for by the internal rules of the organization.
If an employee goes on maternity leave, that is, maternity leave.

Advice! An employee has the right to achieve a postponement of vacation if he was not informed about the date of the vacation within the prescribed period (two weeks) or monetary compensation was paid later than three days before the start of the vacation.

Refusal or consent of management

As practice shows, both parties to the labor relationship resolve production issues (including the transfer of vacation) in a working manner and on a contractual basis. After all, an employee may often need an extraordinary day off, and the manager may need urgent delivery of a project at the end of the shift. However, in a number of situations, consensus cannot be reached, in other words, the employee may receive a refusal from the employer. As a rule, this happens if the subordinates are citizens:

persons who have not reached the age of majority (with increased loads they require rest);
workers in jobs with harmful and dangerous conditions;
women during pregnancy;
employees who have not gone on vacation for 24 months, that is, two years.

The manager is obliged to provide vacation to these categories of workers every year. An employee may be refused if his absence for a long period will negatively affect the work of the organization as a whole. For example, when a technician goes on vacation, the planned launch of new equipment may be delayed, and this will lead to a decrease in the production process.

In this case, the employer has the right to postpone the employee’s vacation until the next year, but only with the latter’s consent and provided that the employee “takes time off” within 12 months.

Procedure

Most people do not know how to correctly write an application for a full or partial transfer of vacation and are not familiar with the procedure for completing it. The procedure is simple and consists of several steps.

Drawing up a petition.
Requesting consent from the employer or employee.
Coordination of new vacation dates.
Issuance of an order to postpone the rest period.
Making changes to the vacation schedule.
Filling out a personal card.

It should be noted that the subordinate must be familiar with the order and agree with the new date of his vacation. The Labor Code of the Russian Federation does not establish a deadline for an employee to submit an application, but Article 138 regulates the procedure for notifying personnel by management about periods of rest, and defines a period of two weeks.

It is important to know! The subordinate must submit an application no later than 14 days before the expected date of vacation so that the employer can formalize the resignation, as well as calculate and pay vacation compensation.

Writing an application to reschedule vacation

The procedure for rescheduling a vacation begins with drawing up and submitting an application. The law does not provide for a specific form of the form, so it can be written by hand or typed on a computer by downloading a suitable sample.

Templates may be developed by some organizations, in which case it is preferable to use them. The application must contain the following information:

Name of the company, full name and position of its director.
Personal data of the employee, his position, structural unit.
Reason why planned vacation needs to be rescheduled.
Dates of the scheduled break and the new planned rest.
List of attached documents.

The petition must be signed by the employee and registered in incoming correspondence. Only after this should it (along with the attached documents) be handed over to the manager.

Procedure for postponing vacation

First of all, the employee writes an application to transfer the vacation period approved in the schedule to the head of the company.
Further, if the decision is positive, the director issues a corresponding order, which gives instructions to postpone the vacation, make changes to the previously approved schedule, and appoints the person responsible for executing the order (usually the enterprise’s personnel officer).
The employee must be familiarized with this order against signature, after which, at the time established by law, he is sent a notice of leave (for which he must also sign).

How many days in advance should I write?

The legislation of the Russian Federation does not indicate specific deadlines for an employee to submit an application to transfer annual paid leave. If the manager agrees, the procedure for re-issuing papers will take some time.

After receiving an application from a worker, the company will need:

issue an appropriate order to change the rest period;
send the order to the accounting department;
accrue vacation pay and pay it three days before the employee goes on vacation.

Considering the above, you should write an application for transfer at least a week before the start of your vacation, and preferably two. If urgent care is necessary, the paper must be drawn up in the event of unforeseen circumstances requiring a postponement of the rest period.

In some organizations, application filing deadlines are specified in local regulations.

Important! Typically, annual leave is transferred to the same year as the scheduled vacation.

In exceptional cases, it can be carried forward to the next year, but the days must be used within 12 months after the end of the year for which it was granted.

How to correctly write the text of the application depends on the basis for transferring annual leave; possible design samples are provided for downloading below.

Rules for drawing up an application

There is no unified application template that is mandatory for use, so company employees can write it in free form or use a template developed within the enterprise (provided that it is approved in the company’s accounting policies). The application must contain a number of necessary information:

the name of the company where the employee works,
his personal data (position, full name),
the period for which the vacation was originally planned and the period to which the employee wishes to reschedule it,
reason for transfer.

If necessary, any additional documents may be attached to the application, the presence of which must also be reflected in the application (for example, a sick leave certificate).

Download samples

Below are three examples of an employee application, where the reason for the transfer is family circumstances, production necessity and temporary disability.

Sample due to production needs.

Sample due to family circumstances.

Application rules

The application can be written by hand (many employers require this form of writing and submission), or it can be printed on a computer, it can be drawn up on a simple A4 sheet or on the organization’s letterhead (if such a rule is provided for by the company’s internal regulations) .

The main thing is that it contains the “live” signature of the employee, as well as the date of preparation.

In addition, the application must leave space for the manager’s resolution.

You need to write the application in two copies , one of which must be given to the employer, and the second, after being endorsed by the secretary or personnel officer, must be kept with you.