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Responsibility for not granting leave. Failure to provide annual paid leave is prohibited

So, what to do if the employee does not use the vacation or does not use it in full, accumulating the remaining parts with the permission of the employer, and what liability may come for, figured out. But what if an employee doesn’t want to leave for either this or next year, and he has either one reason or another?

But for such punishment to be legal, certain requirements must be met.

1. There must be a vacation schedule signed by the head of the personnel department, approved by the head of the organization and agreed with the trade union, if any. It is also desirable that there be a signature of the employee confirming his familiarization with the schedule.

2. 2 weeks before the start of the vacation, according to the schedule, the employee must be notified of the start time of the vacation. Receipt of the notification must be confirmed by the employee's signature. If the employee refuses to sign the document, an act should be drawn up about this.

3. Need an order to provide annual leave with which the employee is familiar. If he refuses, this fact must be recorded.

4. Not later than 3 days before the start of the vacation, vacation pay must be paid to the employee (Article 136 of the Labor Code of the Russian Federation).

5. An employee's return to work during vacation must be recorded in acts.


6. Bringing to disciplinary responsibility is carried out in accordance with Art. 192 and 193 of the Labor Code of the Russian Federation.

Well, if the employee still continues to go to work during his vacation, give him a written notice that the time he is at work is not payable, since he is on annual leave according to the approved vacation schedule.

It is clear that bringing to administrative responsibility for refusing to go on vacation is an extreme measure intended for those who “maliciously” evade their right to rest, creating problems for the employer. In normal cases, you can meet the needs of an employee who asks to reschedule his vacation, if there are good reasons. Then the employee must write a statement and indicate these reasons in it.

If there is no longer an opportunity to postpone the vacation, and the employee’s refusal to take a vacation suits the employer, then by sending the employee on vacation, for this period, conclude with him civil contract.

Summarize. If your employees flatly refuse to go on vacation, you can:

    postpone the vacation, except for the case when the employee did not go on vacation at all for 2 years;

    dismiss the employee, paying him compensation, and then accept (we do not recommend abusing this method);

    to issue a vacation, and to conclude a civil law contract for work or the provision of services with the employee;

    issue a vacation, and bring the employee to disciplinary responsibility.

Some employers give employees vacation time. This, in principle, does not contradict the law, but it will provide unnecessary questions for inspectors.

We also remind employers that you cannot refuse to grant scheduled leave, except in cases of operational necessity and with the written consent of the employee. And if the employer illegally refuses to leave the employee on vacation and he went on vacation without permission, he cannot be fired for absenteeism (paragraph “e”, paragraph 39 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts Russian Federation Labor Code Russian Federation").

So, if the company does not provide vacation in the listed cases, it will face a fine (parts 1, 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation). The amount of the fine will be from 30 to 50 tr. In addition, they can fine the head of the organization in the amount of 1 to 5 thousand rubles.

If the violation is repeated, then the sanctions increase. So, the fine for the organization will be from 50 to 70 thousand rubles. The fine for the manager will also increase, its size will be from 10 to 20 thousand rubles. also the manager can be disqualified for a period of 1 to 3 years. Next, we give a table in which we summarize the penalties that may be for not providing vacation for more than two years in a row.

For one calendar day falling on hours worked in the second working year, the employee earned 0.0767 vacation days (28 calendar days 365 calendar days). Therefore, for 359 calendar days, the employee is entitled to 27.54 calendar days of vacation (359 calendar days x 0.0767 days). In fact, an employee can be granted 27 calendar days of vacation, since 0.46 days (1 day - 0.54 days

We also note that non-performance by an employee without good reasons job duties, that is, violation of the requirements of the law, obligations under an employment contract, rules of internal work schedule, job descriptions, regulations, orders of the employer, technical rules, etc. (P.

35 of Decree No. 2), is a disciplinary offense (part 1 of article 192 of the Labor Code of the Russian Federation). Accordingly, an employee who was supposed to go on vacation, but, having violated the vacation schedule, nevertheless started to work, the employer will have the right to bring to disciplinary liability in the manner prescribed by Art. 193 of the Labor Code of the Russian Federation.

Question Tell me please, employee commercial organization he has not gone on vacation since 2013, he has 5 unused vacations, and he is not going to quit. What to do with this employee? Should I pay compensation? What should I do in this situation? Thank you. Answer Answer to the question: Labor legislation prohibits the failure to provide annual paid leave for two consecutive years (part 4 of article 124 of the Labor Code of the Russian Federation).

And if an inspector from the State Labor Inspectorate notices that the vacation dates differ in the schedule and in the “vacation” orders, he will demand an explanation from you and may fine you for violating labor laws *. The official will be right - according to the meaning of the law, it is possible to deviate from the vacation schedule only as an exception.

Plan vacations with your employees of great importance. Therefore, first of all, you must raise the status of this document in the eyes of management and staff. Remind the director that the vacation schedule is mandatory.

If, for example, an employee’s vacation was divided into parts, see if he was given a part lasting 14 calendar days. How can this be checked? According to the holiday schedule for the current year.

Of course, if all the information about vacations (the date of the actual grant of the vacation, the date of the expected vacation in case of transferring it to another period, the reason for the transfer) was recorded in it in a timely manner in columns 7, 8, 9 and 10 ****. If not, then it needs to be done immediately. If the situation is critical for one or another employee, urgently issue a vacation.

* Article 11 of the Law of the Russian Federation of June 9, 1993 No. 5142-1 "On the donation of blood and its components." ** Clause 5 of Art. 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-1 "On social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.

Since there is an approved schedule, the transfer of vacation is possible only with the consent of the employee. Try to negotiate with the employee by offering a vacation, for example, in the summer. You are not entitled to unilaterally change the vacation period. The prosecutor's office in this case will not help her in any way. You have the right to approve a vacation schedule with any vacation period. Set for June - excellent. There can be no claims against you.

In addition, it is prohibited not to provide annual paid leave to employees under the age of eighteen and employees employed in work with harmful and (or) dangerous working conditions. State supervision and control over compliance with labor legislation and other regulatory legal acts containing norms labor law, in all organizations on the territory of the Russian Federation

A little about vacation

To each employee 114 of the Labor Code of the Russian Federation guaranteed annual paid leave of at least 28 calendar days. Annual basic paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws(Article 115 of the Labor Code of the Russian Federation).

In addition to the basic paid leave, employees of some categories are entitled to additional paid leave. It is provided either for the conditions in which the employee works (for example, for harmful working conditions), or for the mode of work (for example, for an irregular working day), or on the grounds established by the local normative act, collective agreement (for example, for the length of service at the enterprise).

Paid leave, consisting of basic and additional holidays, must be provided to the employee annually. The right to use leave for the first year of work arises after six months of continuous work with this employer. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the given employer (Article 122 of the Labor Code of the Russian Federation).

By agreement between the employee and the employer, annual paid leave can be divided into parts, and at least one of the parts of this leave must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation).

Failure to grant leave

TC RF). Thirdly, it is prohibited not to provide annual paid leave for two consecutive years, as well as not to provide leave to employees under the age of eighteen and employees employed in work with harmful and (or) dangerous working conditions (part four of article 124 of the Labor Code of the Russian Federation) . The unused part of the vacation in connection with the recall from vacation can be (at the choice of the employee) provided at a convenient time for him during the current working year or added to the vacation for the next working year.

At the same time, check whether all your cases are formed in strict accordance with the nomenclature of cases (indices of cases, their titles and retention periods should be indicated according to the nomenclature of cases).

Note that registration of leave only for weekends also takes place, however, the legality of this method can be argued. Note: The vacation schedule is mandatory for both the employee and the employer; failure to comply with the employer's order to grant leave can be regarded as a violation of labor discipline on the part of the employee and the employee may be held liable.

When issuing an order to grant a vacation according to the schedule, you can give an order to the security service - not to allow the employee to enter the employer's building during the period of his vacation. This will also eliminate disputes regarding the payment of unauthorized days worked during the vacation period.

Pay attention also to those documents that are not directly related to personnel records but are mandatory. In particular, are all the activities included in the Work Plan for the implementation of military registration and booking of citizens in the organization for 2008, you have completed.

Therefore, before sending this document to the shelf at the end of the current year (the shelf life of the vacation schedule is one year!), Check whether you have employees who were not granted vacation this year for one reason or another, whether they were on vacation last year, and for what period each of them did not use vacation.

In this case, the day of dismissal is considered the last day of vacation. When granting leave with subsequent dismissal upon termination employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the day the vacation begins, if another employee is not invited to his place in the order of transfer.

and for any violation of labor legislation in the Code of the Russian Federation on Administrative Offenses, administrative liability is established. Officials of the organization (for example, the head) Labour Inspectorate can be fined from 1000 to 5000 rubles. and for a repeated violation, disqualify for a period of one to three years. The organization can be fined from 30,000 to 50,000 rubles.

Most of the laws of Ukraine regulating labor relations are summarized in the Labor Code of Ukraine (hereinafter referred to as the Labor Code). In particular, the minimum duration and other conditions for granting an employee an annual paid leave are determined by Chapter 5 of the Labor Code “Rest Time”. Articles 74 - 76 of the same chapter establishes the minimum (at least 15 working days, with a gradual transition to longer leave) the duration of the annual paid leave (with the preservation of the place of work (position) and the average wages), as well as categories of employees who are granted additional annual leave.

And the personnel officer is left alone with questions and problems: what about the vacation schedule now? And notifying the employee about the start of the vacation no later than two weeks before it starts? And vacation pay for three calendar days? Unfortunately, most often personnel officers go along with the employee, deliberately committing violations, which, by the way, are fraught with very serious sanctions. This threatens the director of the company with criminal liability under article 145.1 of the Criminal Code of the Russian Federation.

it starts from the day the employment contract is concluded (Article 75 of the CZpP). Most importantly, that supplementary permits are given to workers for such a job, so that the stench of the boulevard will be victorious, as a rule, until the end of the working day. The first workday has the right to a temporary admission to the practice after the completion of 6 months of uninterrupted work on this business.

At the same time, in our opinion, familiarizing the employee with the order to grant him leave, issued two weeks before the start of the leave, includes the stage of notifying the employee about granting him leave.

An employee's statement or other similar document is required only if the employee asks the employer to agree on the postponement of the period for granting him leave to another time. Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides for liability for violating labor legislation (including for violating the procedure for granting and processing holidays for employees) in the form of an administrative fine on officials in the amount of one thousand to five thousand rubles; on legal entities- from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days.

According to part 5 of Art. 11 of Law No. 504, it is prohibited not to provide full-time annual leave for 2 consecutive years, as well as failure to provide them during the working year to persons under the age of 18 and employees entitled to additional annual leave for work with harmful and difficult conditions or with the special nature of the work. "B

Even with the consent of the employee, the employer is not entitled to leave him without vacation for more than two years in a row. This can lead to a fine for an employer, and a burnout syndrome for an employee. When collecting a notorious workaholic on vacation, get ready to answer the question: “Is it possible to receive compensation instead of a vacation?”

The organization is obliged to provide each employee with a vacation of at least 28 calendar days annually (Articles 115, 122 of the Labor Code of the Russian Federation). It can be transferred to next year only in rare cases due to production needs (part 3 of article 124 of the Labor Code of the Russian Federation).

Even with the consent of the employee, the employer is not entitled to leave him without vacation for more than two years in a row (part 4 of article 124 of the Labor Code of the Russian Federation).

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Penalty for not granting leave

A situation where an employee has not rested for more than a year is a violation of labor law. If labor inspectors discover this during the inspection, they will most likely issue an order to eliminate this defect. And later they can be fined in accordance with Article 5.27 of the Code of Administrative Offenses. This rule threatens:

  • officials - an administrative fine in the amount of 1,000 to 5,000 rubles;
  • persons carrying out entrepreneurial activity without forming a legal entity, from 1,000 to 5,000 rubles or an administrative suspension of activities for up to 90 days;
  • legal entities - from 30,000 to 50,000 rubles or an administrative suspension of activities for up to 90 days.

Please note that if, due to some circumstances, the employee has not been on vacation for a long time, this does not deprive him of the right to take off the accumulated days now, adding them to his vacation for the current year. After all, non-holiday vacations do not have a statute of limitations: those who have not used them over the past years can take them off later.

Compensation or leave

Question: Can unused vacations be replaced with compensation for unused vacations? The employee wants to receive compensation instead of vacation.

Answer: compensation for unused vacation must be accrued if the employee has not taken vacation and leaves. That is, it is paid only upon dismissal.

Expert Evgenia Konyukhova comments on the case when a still working employee can be paid compensation instead of vacation (the case with a certain category of persons):

To fully understand the calculations with employees, for example, how to correctly calculate and pay salaries, average earnings in different cases, benefits, business trips, etc., we recommend training on the online course Kontur.Schools "

Hello Galina!

In accordance with the Labor Code of the Russian Federation, it is prohibited not to grant vacation for more than two consecutive years.

Article 124

Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the following cases:
temporary disability of an employee;
performance by an employee during annual paid leave public duties if for this labor law exemption from work provided;
in other cases provided for by labor legislation, local regulations.
If the employee was not timely paid for the annual paid vacation or the employee was warned about the start time of this vacation later than two weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the annual paid vacation for another period agreed with the employee.
In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working year. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted.
It is prohibited not to grant annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees employed in jobs with harmful and (or) dangerous working conditions.

For not granting leave for two consecutive years, administrative liability is provided.

Article 5.27. Violation of labor legislation and other normative legal acts containing labor law norms
[Russian Code of Administrative Offenses] [Chapter 5] [Article 5.27]

1. Violation of labor legislation and other normative legal acts containing labor law norms, unless otherwise provided by parts 3, 4 and 6 of this article and article 5.27.1 of this Code - entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand roubles.
2. Commitment administrative offense provided for by paragraph 1 of this article, by a person previously subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles or disqualification for a period of one to three years; for persons engaged in entrepreneurial activities without forming a legal entity - from ten thousand to twenty thousand rubles; for legal entities - from fifty thousand to seventy thousand roubles.
3. Actual admission to work by a person not authorized by the employer, if the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer, labor relations (does not conclude with a person, actually admitted to work, an employment contract) - entails the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; on officials - from ten thousand to twenty thousand roubles.
4. Evasion of execution or improper execution of an employment contract or the conclusion of a civil law contract that actually regulates labor relations between an employee and an employer - entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand roubles.
5. The commission of the administrative offenses provided for by Part 3 or 4 of this Article by a person who has previously been subjected to administrative punishment for a similar administrative offense - shall entail the imposition of an administrative fine on citizens in the amount of five thousand roubles; on officials - disqualification for a period of one to three years; for persons engaged in entrepreneurial activities without forming a legal entity - from thirty thousand to forty thousand rubles; for legal entities - from one hundred thousand to two hundred thousand roubles.
6. Non-payment or incomplete payment within the established period of wages, other payments made within the framework of labor relations if these actions do not contain a criminally punishable act, or the establishment of wages in an amount less than the amount provided for by labor legislation - entails a warning or the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand roubles.
7. The commission of an administrative offense provided for by Part 6 of this Article by a person previously subjected to administrative punishment for a similar offense, if these actions do not contain a criminally punishable act, - shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles or disqualification for a period of one to three years; for persons engaged in entrepreneurial activities without forming a legal entity - from ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand roubles.

There are no exceptions for the leaders of the organization. In your case, it is better for you to issue an order for the provision of vacations, you can retroactively.

Good afternoon Of course, everything is correct that the vacation schedule is a binding document for both the employer and the employee.

And you must go on vacation according to the schedule, in general, you are obliged to notify about it two weeks before the start of the vacation. Now it’s not even necessary to write a statement, the main thing is a notice and an order to leave. But, I don’t recommend going on vacation without permission, as well as the Decree of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 with me, because it will be exactly unauthorized withdrawal on vacation and yes, perhaps dismissal squandered.

And yes, perhaps any court will restore you, but you need these stresses, these court hearings, etc. In your case, I still recommend finding a compromise with the employer.

And in the text, indicate that in accordance with Article 123 of the Labor Code of the Russian Federation, the order of granting paid holidays is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the calendar year. The vacation schedule is mandatory for both the employer and the employee. The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.

But for some reason, they forgot to notify you about the beginning of the vacation against signature, and you would like to receive a written answer to the reason for not granting you vacation in accordance with the vacation schedule, moreover, so that the reasons are specific, and not vague and general, such as production necessity , because this need should be clarified and concretized. And still, if certain reasons are indicated, then you would like to find a compromise on this issue, and therefore, in accordance with Articles 124 and 125 of the Labor Code of the Russian Federation, you would like to familiarize yourself with the order, which will indicate the specific dates for the transfer of your omission.

If the reasons for not providing an opt-out are not indicated or are vague and inappropriate and not valid, then you reserve the right to contact the authority that deals with the resolution of labor disputes.

Vacation not according to the vacation schedule (2018)

Employee notification. The law does not oblige the employer to coordinate vacation time with employees.

There are exceptions, which will be discussed below.

But on general rule the order of vacations is established by the employer, and the employee only needs to be notified of the start time of the vacation no later than two weeks before it starts (part 3 of article 123 of the Labor Code of the Russian Federation). To notify employees, you can use the vacation schedule itself.

To do this, in the last column of form No. T-7 Note, you can add an inscription about the start time of the vacation, the employee is notified, and opposite his last name, the employee will put down the date of the notification and signature.

When you can not let an employee go on vacation

The Labor Code establishes an annual 28-day rest for all employees, in cases specified by law, this period is increased by additional holidays. The right to leave for a new employee arises after six months of work in the company, and for some categories (pregnant women, minors, etc.) before the expiration of this period.

The employer must maintain a vacation schedule, which indicates when and which employee goes on vacation in the current year. This document is mandatory for both the employer and the employee. Accordingly, if an employee wants to go on vacation at a different time than the schedule, the employer has the right to refuse him. At the same time, the employee must be sent on vacation exactly during the period indicated in the schedule (Article 123 of the Labor Code of the Russian Federation).

Note! To refuse to grant leave during a period different from that which is in the schedule is the right, and not the obligation of the employer. In any of these cases (refusal to postpone the vacation or agree with the employee to transfer the vacation on his initiative), there is no violation of the law on the part of the employer.

The legal transfer of vacation to the next year is allowed in case of production necessity, when the absence of an employee may adversely affect the work process. This requires his written consent, and leave must be granted before the expiration of a year after the period for which he relies (Article 124 of the Labor Code of the Russian Federation).

What threatens an employer who violates the law

For violation of the legislation on holidays, the employer faces administrative penalties. There is no separate article in the Code of Administrative Offenses of the Russian Federation for this case, therefore, penalties are imposed for violation of labor legislation in accordance with Article 5.27, parts 1 (in case of initial detection of a violation) and 2 (in case of repeated violation).

According to them, the following fines are imposed on the employer:

  • For a responsible (official) person within the limits of 1000 - 5000 rubles for the primary violation, and 10,000 - 20,000 rubles for a repeated one. In especially malicious cases with a repeated violation executive may be disqualified for 1-3 years.
  • Individual entrepreneurs will pay 1,000-5,000 rubles for the first violation and 10,000-20,000 rubles for a second one. Disqualification cannot be applied to them.
  • The company will pay 30,000 - 50,000 rubles for the first violation and 50,000 - 70,000 rubles for the second and subsequent ones.

Note! If during the inspection several cases of non-provision of leave are revealed, then the inspectors can qualify this as several violations and issue an order for each of them. But there is arbitrage practice, which cancels such decisions and qualifies the same violations against several employees as one (an example is the Ruling of the Court of the Yamalo-Nenets Autonomous District dated 03.03.2016 No. 4A-305/2015).

The responsibility of the employer for not granting leave arises when he refuses the employee to rest during the period specified in the vacation schedule, or at any time if the employee belongs to a category that has the right to this in other cases. The punishment for this is determined by Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The procedure for granting leave

The legal basis for regulating the relationship between an employee and an employer is the Labor Code of the Russian Federation, letters and orders of the Ministry of Labor of the Russian Federation. The State Labor Inspectorate (GIT) checks whether the parties to labor relations comply with the law, and fines for its violation on the basis of the Code of Administrative Offenses of the Russian Federation.

Before finding out what sanctions the GIT can impose on a company for not granting a vacation, let's figure out who and when gets the right to go on vacation.

An employee can apply for a holiday in the form of a vacation after six months of continuous work in the company. If the manager does not mind, then leave can be obtained earlier (Article 122 of the Labor Code of the Russian Federation).

In the future, vacation is provided in accordance with the vacation schedule - the company annually forms it in December for the next calendar year.

You will find a form and a sample of filling out the schedule in this article.

The vacation schedule is approved by order of the head and is given against receipt for review by each worker. From now on, the schedule is binding document both for the employee and for his management. His absence is a reason for a fine from the GIT.

ATTENTION! Some workers have the right to demand vacation days Anytime:

  • minors (Article 267 of the Labor Code of the Russian Federation);
  • women before maternity leave and immediately after it, as well as immediately after parental leave (Article 260 of the Labor Code of the Russian Federation);
  • men - during their wife's maternity leave (Article 123 of the Labor Code of the Russian Federation);
  • Chernobyl victims (clause 5, article 14 of the law of the Russian Federation of May 15, 1991 No. 1244-1) and some other workers.

For each year of work, an employee is entitled to a vacation of at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

Learn more about calculating seniority for annual leave.

The vacation period can be divided, but one of the parts must be at least 14 days.

In what cases can an employee's vacation be postponed?

Annual leave can be extended (or postponed - by agreement between the employer and the employee) in the following situations:

  • the worker is ill;
  • the worker performs state duties - if they require release from the main job;
  • the employer forgot to notify the subordinate 2 weeks in advance about the upcoming start of the holiday;
  • the employer did not pay vacation pay on time (for 3 working days);
  • in other situations provided for by federal legislation and local regulations (Article 136 of the Labor Code of the Russian Federation).

For more information about shifting vacation days due to illness, see the publication "Payback of vacation due to sick leave."

If an employee's vacation will adversely affect economic activity organization, the transfer of the vacation period to the next working year is allowed.

Can the director not let him go on vacation according to the schedule due to production needs and other vacation issues - on our forum.

The transfer of vacation rest at the request of the employee is documented on the basis of the application of the employee and the order of the head. If the change in vacation dates is related to production needs, then personnel service or the accounting department, there must be a written consent of the worker to the transfer. For the convenience of both parties to the employment relationship and to minimize disputes, do not forget to indicate in the order of the manager to postpone the vacation new term vacation rest of the employee.

It is necessary to let the employee go to rest no later than 12 months after the end of the working year for which leave is due (Article 124 of the Labor Code of the Russian Federation). The transfer of vacation is an exceptional measure and should not be practiced constantly; for shifting vacation from year to year, the employer may receive a fine.

Penalty for not granting vacation for more than two years

The Labor Code of the Russian Federation prohibits not to provide annual paid leave to an employee for 2 years in a row, and for minors and those who are engaged in activities with harmful working conditions - not to provide leave in principle (Article 124 of the Labor Code of the Russian Federation).

Administrative liability is established for these violations:

The statute of limitations for violation is 1 year.

If a company breaks the law and does not send workers on vacation, then at the end of the calendar year, vacation days do not disappear anywhere, but remain the organization's debt to the employee.

LLC "Sigma" for 4 years from the moment of employment of the programmer Vasilchenko Igor Valentinovich did not provide him with a vacation, arguing that Vasilchenko is a valuable employee and the company constantly needs it. Consequently, the programmer has the right to 4 × 28 days = 112 calendar days of vacation (Igor Valentinovich does not belong to the category of beneficiaries entitled to extra days). If Vasilchenko decides to quit Sigma LLC, then the company will have to pay monetary compensation for the unused vacation of the programmer, and not for 1 year, but for all 4 - 28 days for each.

Unused vacation days for previous years of work are provided to the employee in the current calendar year:

  • or as part of a vacation schedule;
  • or by agreement between the employee and his management (the employee writes an application for leave, where he indicates the number unused days rest, and the employer endorses the application and issues an order for vacation).

During the calendar year, an employee can use several vacations (letter of the Ministry of Finance of the Russian Federation dated May 13, 2010 No. 03-03-06 / 4/55).

We talk about how to do this in this article.

What to do if the employee does not want to go on vacation

Often there are situations when the employee himself does not want to rest and refuses to go on vacation. As we have already found out, such diligence is fraught with fines for the company. How to be?

To get started, make sure you have a vacation schedule and the stubborn is familiar with it. The schedule is mandatory not only for the employer, but for all employees. And if the worker refuses to go on vacation in accordance with the schedule, this is a violation of labor discipline, punishable in accordance with the local regulatory act and the legislation of the Russian Federation (Article 192 of the Labor Code of the Russian Federation). The employer has the right to announce to the employee at least a remark.

But in what case the violator can be fired, read the material " Labor discipline and responsibility for its violation.

Unauthorized exit of an employee during the period of vacation to work should be recorded in order to exclude further disputes about payment. This can be done by a staff member or an accountant. To stop all discussions, you can even give an order to the company's security service or the immediate supervisor of the employee not to allow the worker to the workplace during vacation days.

ATTENTION! It is possible to forcefully send an employee on vacation only with his consent - this is the fact of familiarization against receipt with the vacation schedule or the order of the head to send the employee on vacation.

To get out of a situation where an employee wants to continue working without violating the Labor Code, you can do this: arrange a vacation period for the weekend. This means that the accountant will divide the annual paid vacation into several parts, one of them, by law, cannot be less than 14 days (Article 125 of the Labor Code of the Russian Federation), and the remaining parts will be determined by the employee's weekends.

For example, if an employee works 5 days a week, then the accountant gives him 2 days of vacation every week - on Saturday and Sunday, until the employee uses all due days holiday rest. Thus, the employee realizes the right to leave, and will work in the same rhythm.

The Labor Code of the Russian Federation does not contain a direct prohibition of such a scheme. However, inspectors may still consider this practice a violation of the law: days off and paid annual leave are different types rest time (Articles 106, 107 of the Labor Code of the Russian Federation).

By taking a vacation on a day off, even at the request of the employee, the employer reduces the number of days of rest for the subordinate, which leads to an actual increase in working hours and infringement of the rights of the employee (paragraphs 6, 12, article 21 of the Labor Code of the Russian Federation). Therefore, we recommend that you practice this way of granting vacation: give the employee vacation days on weekends, capturing 2 adjacent days - Friday and Monday (with a five-day work week).

How many days of vacation is due to the employee

Persons working under an employment contract have the right to leave All employees of an organization working under an employment contract ...

Norms of the Labor Code The rights of citizens to rest on new job protected by labor law. Article 122 establishes…

Not often, but it happens that employees do not go on vacation for many years. What to do with a three-digit number of unused vacation days is described in the article.

Labor legislation prohibits working without vacation for more than two years (part 4 of article 124 of the Labor Code of the Russian Federation). Leave must be used no later than 12 months after the end of the working year for which it is provided (part 3 of article 124 of the Labor Code of the Russian Federation).

Leave can be transferred to the next working year only if two conditions are met simultaneously:

  • in exceptional cases, when an employee's vacation in the current working year may adversely affect the activities of the organization;
  • with the consent of the employee.

Penalty for not granting vacation for more than two years

Accumulating leave of employees, the employer violates labor laws. For the fact that employees are not granted annual leave, the organization can be fined from 30,000 to 50,000 rubles. or suspend its activities for up to 90 days. And a regular violation entails disqualification for a period of one to three years (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

On vacation for three, no - for four years!

Does an employee who has not rested for several years have the right to take all unused vacations in the current year?

The punishment of the employer for violation of labor legislation does not cancel his obligation to provide the employee with the opportunity to use all the accumulated holidays.

The employee retains the right to take unused annual leave for previous working periods (Letter of Rostrud dated 01.03.2007 N 473-6-0). Moreover, during the calendar year, he can use several vacations for different working years (Letter of the Ministry of Finance of Russia dated May 13, 2010 N 03-03-06 / 4/55). For example, the employee was not on vacation in 2005 (28 calendar days), 2006 (28 calendar days) and 2008. (28 calendar days).

What should an accountant and personnel officer do if the employee does not want to go on vacation

This means that in 2013 he can immediately go on vacation for 112 calendar days (28 calendar days x 4 years).

In what order to take vacations

As a rule, employees use the accumulated leave not immediately, but gradually. Let's look at the order of using vacations for past years.

First of all - vacation for the current year. So, in the current period, the employee must first use the vacation for the current year. This follows from Art. 122 of the Labor Code: "Paid leave must be granted to the employee annually." But all other unused vacations can be partially or completely taken off in agreement with the employer in the sequence that they agree on.

For old holidays - any order. Rostrud in the Letter of 01.03.2007 N 473-6-0 explains that annual paid holidays for previous working periods can be provided:

  • or as part of the vacation schedule for the next calendar year;
  • or by agreement between the employee and the employer at any time (without including the indicated days in the current schedule).

Vacation "tails" in the vacation schedule

The order of granting paid vacations in the current year is determined in accordance with the vacation schedule (part 1 of article 123 of the Labor Code of the Russian Federation).

For the convenience of accounting, vacations not used in previous working years should be included in the schedule for the next (current) year. The document is kept for only one year, so it is important that these holidays are not lost.

In some organizations, the accounting for such holidays is as follows. When drawing up a schedule, an additional column is added to form N T-7 (it can be called, for example, "Period for which vacation is granted"). It indicates all the periods for which the employee has unused vacations. And opposite each period put down the number of calendar days.

If one of the employees with unused vacations decided to take two or more vacations in the next year, then two or more vacations should be planned for him in the schedule.

If vacation for previous working years is not planned in the schedule for the current year

By agreement of the parties to the employment contract, old holidays may be granted to the employee outside the schedule. Leave for the previous period is granted on the basis of the employee's application and the order of the director.

Compensation instead of unused vacations

Is it possible to replace unused vacation with the payment of monetary compensation? The answer to this question depends on whether the employee is entitled to additional leave or not.

Recall that the right to such holidays are, for example, employees employed in hazardous industries, workers with irregular working hours, employees working in the regions of the Far North (part 1 of article 116 of the Labor Code of the Russian Federation).

Note. How to find out if an employee has used accrued vacations

Information on unscheduled leave for past working years, as well as on planned leave for the current year, is reflected in section. VIII "Vacation" of the employee's personal card (form N T-2) or sec. IX "Vacation" of the personal card of a state (municipal) employee (form N T-2GS (MS)).

The employee did not use a vacation lasting more than 28 calendar days

If the vacation does not exceed 28 calendar days, it cannot be replaced with monetary compensation (part 1 of article 126 of the Labor Code of the Russian Federation). The employee will receive such compensation only upon dismissal (part 1 of article 127 of the Labor Code of the Russian Federation).

If the old vacation is more than 28 days

Additional paid leave, as a rule, is attached to the main one (part 1 of article 116 of the Labor Code of the Russian Federation, clause 8 of the Instruction approved by the Decree of the USSR State Committee for Labor, All-Union Central Council of Trade Unions of November 21, 1975 N 273 / P-20).

Note. The fact that the Instruction is to be applied is stated in the Definition Supreme Court RF dated 01.11.2012 N APL-12-651.

Only a part of each of the holidays exceeding 28 calendar days, or any number of days from this part, can be replaced with monetary compensation (part 2 of article 126 of the Labor Code of the Russian Federation).

Note. If old holidays are scheduled in the current schedule

In order to reflect the fact of replacement in the vacation schedule, you need to make a record that part of the annual leave (indicating the number of days) has been replaced by monetary compensation. You should also indicate the details of the order to replace vacation with compensation.

Example. An employee of CJSC "RusInvest" A.S. Linnik was given an irregular working day. In this regard, he has the right to an annual paid leave of 31 calendar days (28 calendar days of annual leave + 3 calendar days of annual leave). additional leave) (Article 119 of the Labor Code of the Russian Federation). The employee has not been on vacation for three years. When planning vacations for 2013, he expressed a desire to take vacations for 2008 completely, and for 2009 and 2010. receive compensation. For how many vacation days can he be paid compensation? And how to reflect the provision of vacations to him in the schedule?

Solution. By 2013, the employee had accumulated 93 days unused vacation(31 calendar days x 3 years). But you can receive compensation only for days exceeding 28 calendar days of annual leave. At the request of the employee, he will be granted 87 calendar days of vacation (31 calendar days + 28 calendar days + 28 calendar days) and paid compensation for 6 calendar days (3 calendar days x 2 years). See the chart on the next page.

Unified form N T-7

———¬
¦ Code ¦
+——-+
OKUD form ¦0301020¦
CJSC "RusInvest" +——-+
———————————————— according to OKPO ¦ ¦
company name L———
Opinion of the elected trade union I APPROVE
body general
dated "__" ________ 20__ N ___ taken into account director
Supervisor -----
job title
———-T————T——¬ Raetsky P.S. Raetsky
¦ Number ¦ Date ¦ On ¦ ——- ——————-
¦document¦compilation¦year ¦personal transcript of the signature
+———+————+——+ signature
HOLIDAY SCHEDULE ¦ 5 ¦ 12/11/2012¦ 2013¦
L———+————+—— 11 December 12
"—" ——— 20—

Structural
subsection-
nie		 Job title
(special
ness, pro-
profession) by
regular
schedule		 Surname,
Name,
surname		 Timesheet-
ny
number		 VACATION Note
if-
quality
calen-
gift
days		 date postponement of vacation
planned
bathroom		 fact-
chesky		 basic
ing
(before-
ku-
cop)		 date
holiday
1 2 3 4 5 6 7 8 9 10
Financial
department		 Financial
director		 Linnik A.S. 31 01.04.2013 31 cal. days
during the period
from 13.03.2012
to 12.03.2013
Financial
department		 Financial
director		 Linnik A.S. 31 01.06.2013 31 cal. days
during the period
from 13.03.2007
to 12.03.2008
Financial
department		 Financial
director		 Linnik A.S. 28 03.09.2013 28 cal. days
during the period
from 13.03.2008
to 12.03.2009,
three
calendar
day of the annual
paid
holidays
are replaced
monetary
compensation.
Order
dated 12/11/2012
N 101
Financial
department		 Financial
director		 Linnik A.S. 28 04.12.2013 28 cal. days
during the period
from 13.03.2009
to 12.03.2010,
three
calendar
day of the annual
paid
holidays
are replaced
monetary
compensation.
Order
dated 12/11/2012
N 102

boss
department
Supervisor personnel Barsukov N.N. Badgers
services ———— ——— ———————
position personal transcript of the signature
signature

The procedure for granting vacations and administrative fines for not providing

ST 124 of the Labor Code of the Russian Federation.

Annual paid leave must be extended or rescheduled for another period,
determined by the employer, taking into account the wishes of the employee, in the following cases:

  • temporary disability of an employee;
  • performance by the employee during the annual paid leave of state duties, if the labor legislation provides for exemption from work for this;
  • in other cases provided for by labor legislation, local regulations.

If the employee was not paid on time during the annual
paid vacation, or the employee was warned about the start time of this vacation later
than two weeks before its start, the employer, at the written request of the employee, is obliged
postpone annual paid leave for another period agreed with the employee.

In exceptional cases, when granting leave to an employee in the current working
year may adversely affect the normal course of work of the organization, individual
entrepreneur, it is allowed, with the consent of the employee, to transfer the vacation to the next working
year. In this case, the leave must be used no later than 12 months after the end of that working day.
year for which it is provided.

Failure to grant annual paid leave for two years is prohibited.
in a row, as well as failure to provide annual paid leave to employees under the age of
eighteen years of age and employees employed in work with harmful and (or) dangerous working conditions.