What to do if an employee does not want to go on vacation. If the employee has not been on vacation for more than two years

We have employees in the company who refused to go on vacation. Many of them have accumulated a decent amount of vacation days. Now they are asking for financial compensation. Can we go to meet them?

First, check whether the desire of employees complies with the law. Cash compensation for unused vacation is paid:

• upon dismissal of an employee who did not use his right to leave (monetary compensation is provided for all days) (Article 127 of the Labor Code of the Russian Federation, clause 28 of the Vacation Rules);
• when replacing with compensation a part of annual leave that exceeds 28 calendar days, that is, for additional leave (Article 126 of the Labor Code of the Russian Federation).

Employees who cannot replace vacation with monetary compensation

Additional holidays are provided both at the request of the law and at the initiative of the employer on the basis of a collective agreement or local regulations (see table).

Attention!
Holidays that are not annual cannot be compensated with money. For example, additional days off provided monthly to parents of disabled children (part 1 of article 262 of the Labor Code of the Russian Federation).

Employees who need to be granted additional leave

	Number of days of additional leave	Norm	Replacing cash vacation compensation
Teaching staff	From 14 to 28 calendar days (depending on the type of educational institution)	Article 334 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of October 1, 2002 No. 724	Possible
Disabled	At least 2 calendar days	Article 23 of the Federal Law of November 24, 1995 No. 181-FZ	Possible
Citizens exposed to radiation Chernobyl nuclear power plant 1	4 calendar days	Paragraph 5 of Art. 14 of the Federal Law of May 15, 1991 No. 1244-1, Decree of the Government of the Russian Federation of March 3, 2007 No. 136	Not provided
Rescuers	From 2 to 15 calendar days (depending on the length of service and participation in emergency response)	Article 28 of the Federal Law of August 22, 1995 No. 151-FZ	Possible (only for rescuers of emergency and voluntary emergency rescue teams)
General practitioners and nurses of these doctors who have continuously worked in these positions for more than three years	3 calendar days	Clause 1 of Decree of the Government of the Russian Federation of December 30, 1998 No. 1588	Possible
Employees with irregular working hours	At least 3 calendar days	Article 119 of the Labor Code of the Russian Federation	Possible
Employees working in the regions Far North/ areas equated to them	24 calendar days / 16 calendar days	Article 321 of the Labor Code of the Russian Federation	Possible

Is compensation paid to an employee when he is transferred to another position?

The employee is transferred to another position due to the reorganization of the company. Is the employer obliged in this case to pay him compensation for unused rest days?

No, not required. Indeed, after the reorganization, the labor relations between the employee and the company continue (Article 75 of the Labor Code of the Russian Federation) and there is no change of employer. Compensation for unused vacation cannot be paid if the employee is transferred to another separate division of the organization, since it is not a separate legal entity (clause 3 of article 55 of the Civil Code of the Russian Federation) and cannot be an employer (article 20 of the Labor Code of the Russian Federation). If an employee is transferred within the holding from one company to another, then compensation must be paid, since in fact this will be a dismissal (Article 127 of the Labor Code of the Russian Federation).

Related Documents

The current texts of the documents are available to subscribers of the electronic journal at e.kdelo.ru
Document	Will help you
Articles 126, 127 of the Labor Code of the Russian Federation	Make sure the employee is
Rules on regular and additional holidays, approved by the NCT of the USSR on April 30, 1930 No. 169 (hereinafter referred to as the Rules on holidays)	Determine the procedure for calculating compensation for unused vacation
Article 139 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation of December 24, 2007 No. 922 "On the features of the procedure for calculating the average wage"	Calculate the average salary for compensation for unused vacation

How to justify the refusal to replace vacation with monetary compensation?

Our company is located in the Far North. We denied employees compensation for unused vacation, but they ask why. Can you please tell me how to justify this?

Explain to employees that it is up to the administration of the organization to decide whether to pay their staff compensation for unused vacation or not. For work in the regions of the Far North, the legislator obliges to provide additional leave in the amount of 24 calendar days (Article 321 of the Labor Code of the Russian Federation). However, to pay compensation instead of it is the right, not the obligation of the employer (Article 126 of the Labor Code of the Russian Federation, letter from Rostrud dated March 1, 2007 No. 473-6-0).

In the Judicial Navigator service of the Kadrovoe Delo magazine, you will find a labor dispute over the duration of additional annual leave.

What if the employee has not gone on vacation for several years?

The programmer has not gone on vacation since 2010. The management was fine with this, but now the employee has accumulated 56 non-vacation days. It is impossible to compensate for such a vacation with money. The employee agrees to use them in 2012 by adding them to the current vacation. Can we provide such a long vacation?

Yes, and try to do it as quickly as possible. 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 the next year only in rare cases due to production needs (part three 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 four of article 124 of the Labor Code of the Russian Federation).

Thus, the situation when an employee has not rested for more than a year is a violation of labor legislation. 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. 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 the accumulated days off 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. If at the time of the check you manage to provide the employee with all the accumulated holidays, then labor inspectors will not be entitled to impose a fine for violating labor laws.

Attention!
It is impossible to issue compensation for the days received as a result of summing up several annual basic holidays, even if the employee wishes to do so (Article 115 of the Labor Code of the Russian Federation).

Lawyer's comment

Lali Chitanawa,
Attorney at Law, Partner at VASILIEV & Partners Law Office (Moscow):

– On July 1, 2010, Russia ratified Convention No. 132 of the International Labor Organization “On paid holidays”*. In accordance with Article 9 of the Convention, an uninterrupted part of the annual paid leave (at least two weeks) must be granted within a year, and the rest of the leave within the next 18 months. This is the maximum period for which an employee's vacation can be postponed (unused days do not burn out, but are transferred).

Any part of the annual leave in excess of the established minimum duration may be delayed, with the consent of the worker, for more than long term. Unlike the Convention, the Labor Code obliges an employee to provide paid leave every year and prohibits not providing annual paid leave for two consecutive years. Thus, a vacation of at least 28 calendar days must be granted to an employee for each working year worked by him.

* Adopted in Geneva on June 24, 1970 at the 54th session of the ILO General Conference. Convention ratified with declarations federal law dated July 1, 2010 No. 139-FZ.

How to calculate compensation if a part-time worker took a long vacation without pay?

The part-time worker got a job in the organization on June 4, 2012, and left on November 26. He did not go on annual leave, but he took a vacation from November 6 to November 23 at his own expense. His paid vacation is 28 days. How to determine the number of days for which compensation is due?

e.kdelo.ru
Article in the topic: “We arrange a vacation for an external part-time job: what features should be taken into account? » (№ 6, 2012)

Recall that part-time workers are provided with the same guarantees as all other employees (Article 287 of the Labor Code of the Russian Federation).

Let's count. The period from June 4 to November 3 is five months that the part-time worker has worked completely. From November 4 to November 26, he worked five days and was on leave without pay for 18 days. Of these, 14 days must be included in the length of service (Article 121 of the Labor Code of the Russian Federation). The total is 19 days, which are rounded up to the full month 1, and the length of service giving the right to leave will be six months. Thus, your employee is entitled to compensation for 14 days of unused vacation (28 days : 12 months x 6 months).

Experience giving the right to annual leave (Article 121 of the Labor Code of the Russian Federation)

Dismissal after the decree: how to calculate the number of days of unused vacation?

Before going on maternity leave, the employee used all her vacations. After the first birth, she again went on maternity leave, and after the second birth, she quit during the period of leave to care for a child up to three years. Is she entitled in this case to compensation for unused annual paid leave for 140 days of decree?

Yes, it is. The time spent on maternity leave is included in the total length of service giving the right to leave (table above). But the period when a young mother was on parental leave up to three years old is excluded from it (part two of article 121 of the Labor Code of the Russian Federation). That is, for 140 calendar days, or 4 months and 17–19 days, while maternity leave lasts, a woman will earn 11.67 calendar days of rest (28 days: 12 months x 5 months), for which she needs pay compensation upon dismissal.

Advice
When calculating unused vacation days, keep in mind that when an employee is on parental leave, the working year is extended by the corresponding number of days.

What is the procedure for replacing vacation with monetary compensation?

If an employee is entitled to three days of additional leave for and he did not use it, then monetary compensation may be paid to him. How to issue compensation to all employees who are entitled to additional leave, but did not use it?

To replace additional leave for an irregular day with monetary compensation, the employee must write a free-form application addressed to the head of the organization (see sample). The main thing is to indicate for which vacation and for what period the employee asks for compensation. This will help to correctly take into account vacations and those days that the employee has not yet used. An employee may choose any portion of the extra leave to replace it with compensation.

In the "Virtual Personnel Officer" service of the "Kadrovoe Delo" magazine, you will find personnel documents: calculation of compensation for unused vacation, a note-calculation for granting vacation, notification of an employee about an upcoming vacation.

Based on the application, the head issues an order. There is no unified form, so make it in any form (see sample). Acquaint the employee with the order against signature. The Labor Code does not say anything about the deadline for paying compensation at the request of the employee, so it can be issued along with the next salary.

Enter information on replacing part of the vacation with monetary compensation in section VIII of the employee's personal card form No. T-2. In addition, reflect the relevant information in the vacation schedule (form No. T-7). To do this, in column 10 “Note”, make a note that part of the annual leave (indicate the number of days) has been replaced by monetary compensation, and provide the details of the order.

Law versus practice

On practice

Company executives meet the wishes of employees and pay them compensation for unused vacation, which does not exceed 28 days.

In law

In accordance with the first part of Article 126 of the Labor Code, the replacement of vacation with monetary compensation, not exceeding 28 days, is not allowed.

What happens if…

If the issuance of monetary compensation to an employee instead of a vacation is firmly established in the practice of your company, then the labor inspectorate may come to you with an inspection. In this case, officials face a fine of 1,000 to 5,000 rubles, and the organization itself - from 30,000 to 50,000 rubles. (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Material prepared Svetlana Nikulina,
journal expert
"Personnel business"

All permanent employees without exception have the right to rest for at least 28 calendar days. And if one of such a number of days is not even enough, then others do not go on vacation for years. But this is not only inconvenient for the employer and, in particular, for personnel officers and accountants, but is also fraught with administrative responsibility. About how many years an employee may not go on vacation and what the employer should do if some employees do not use their annual vacation, we will talk in the article.

Reason for leave

According to Art. 123 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 2 weeks before the start of the calendar year in the manner prescribed Art. 372 of the Labor Code of the Russian Federation.

At the same time, the vacation schedule is mandatory for both the employer and the employee.

Scheduling vacations is a rather responsible matter, especially if the organization has a large staff of employees. In such cases, first, as a rule, graphs are drawn up in structural divisions, and then a summary graph is generated. The drafting of the vacation schedule of the unit can be entrusted to the heads of these units. Based on the schedules presented by them, the personnel department draws up a consolidated vacation schedule. Moreover, the duty of the heads of departments to draw up a draft schedule is best fixed in the corresponding order.

If such powers are not granted to managers, they can simply collect their wishes from employees, on the basis of which and taking into account the requirements of labor legislation, the personnel worker will already draw up a single vacation schedule.

When drawing up a vacation schedule, one should take into account the right of certain categories of employees to leave at any time and the length of service to provide such a vacation. Do not forget to include in the schedule and unused vacations from previous years.

In addition, when drawing up the schedule, it will be necessary to take into account the wishes of other employees, and the order of vacations in the previous year, and the intensity of the labor process during the year, and the specifics of the organization's activities. We will have to try so that neither the interests of employees nor the interests of the employer are infringed. In order to avoid disputes, it is possible to prescribe the procedure for granting holidays in a local regulatory act and familiarize employees with it.

After drawing up the schedule, it is signed by the head of the personnel service and approved by the head of the organization or an authorized person (signed). If the enterprise has a trade union, then the schedule must be agreed with it. Despite the absence of an obligation to familiarize employees with the approved schedule against signature, this must be done.

Transferring vacation to next year

Annual paid leave can be carried over to the next working year. If such a transfer is carried out at the initiative of the employer in accordance with Part 3 Art. 124 Labor Code of the Russian Federation, two conditions must be met:

Granting an employee a vacation in the current working year may adversely affect the normal course of the organization's work;

The employee agreed to carry over the vacation to the next working year.

The employee himself can also apply with a request to postpone the vacation for another period, including the next year. If the employer does not object, an order for such a transfer should be issued and changes should be made to the vacation schedule.

Leave postponed at the initiative of the employer must be used no later than 12 months after the end of the working year for which it was granted.

By virtue of Part 1 Art. 125 of the Labor Code of the Russian Federation by agreement between the employee and the employer, annual paid leave can be divided into parts, one of which must be at least 14 calendar days. The question arises: how many such parts should be in the next working year, if the vacation was completely transferred to this year? That is, should the employee use two vacations of 14 days, and the remaining 28 days in installments, or one vacation in the amount of 14 days, and the remaining 42 days in installments?

From the provisions Art. 125 of the Labor Code of the Russian Federation, regardless of how many vacation days the employee uses during the year, it can be concluded that one of the vacation parts must be at least 2 weeks continuously, and the rest of the vacation time for both years can be divided into parts as agreed between the employee and the employer.

Unused days of annual paid leave for previous periods, the employer must take into account when drawing up each new vacation schedule.

How many years can holidays not be used?

According to Art. 124 Labor Code of the Russian Federation it is prohibited not to provide annual paid leave for 2 consecutive years, as well as failure to provide annual paid leave to employees under the age of 18 and persons employed in work with harmful and (or) dangerous working conditions.

That is, if by general rule employees may not use annual leave for at least 2 years, then employees under the age of 18 and employed in work with harmful and (or) dangerous working conditions must use the leave every year.

Failure to provide annual paid leave for more than 2 consecutive years, as well as failure to provide the unused part of annual leave when it is postponed within 12 months after the end of the working year for which it is granted, is a violation of labor law and, if checked by the labor inspectorate, a fine may be imposed on the organization in accordance with Part 1 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

If, nevertheless, it turned out that the employee did not use vacation for 2 years and he has accumulated 56 calendar days of vacation, should the employer give him 84 days next year or do they “burn out”? Of course, nothing “burns out”, there is no such concept in labor legislation. You will either have to give the employee a vacation of 84 days, or pay compensation for these days upon dismissal.

According to Letter of Rostrud dated 06/08/2007 No. 1921‑6 in the event that an employee has unused annual holidays for previous working periods, then he retains the right to use all due annual paid holidays. Annual leave for previous working periods may be granted either as part of the vacation schedule for the next calendar year, or by agreement between the employee and the employer.

Earlier doubts on this issue arose in connection with the ratification Conventions of the International Labor Organization No.132 "On paid holidays"(Further - Convention) according to Art. nine which the continuous part of the annual paid leave (at least 2 working weeks) is granted and used no later than within a year, and the rest of the annual paid leave - no later than within 18 months after the end of the year for which the leave is granted.

Based conventions some courts refused to recover compensation for unused vacations. True, the reason for the refusal was that the employee missed the statute of limitations. So, Supreme Court Republic of Karelia in Appellate ruling dated March 27, 2015 in case No. 33‑1227/2015 noted that the period for claims for compensation for unused vacations is 21 months after the end of the year for which the vacation is granted (18 months (the period during which the vacation must be granted) + 3 months (the period for the employee to apply to the court)). The fact that the vacation in the calendar year was not granted in full and compensation was not paid should have been known after the end of each year of work, as a result of which the required vacation was not granted.

The situation is simpler if the employee used the main part of the vacation every year in the amount of 14 days, and he accumulated the remaining unused parts of the vacation. Here Convention establishes that any portion of annual leave in excess of a prescribed minimum duration may be delayed, with the consent of the employee, for a period exceeding 18 months, but not exceeding separately established limits ( paragraph 2 of Art. nine).

Thus, the remaining holidays can be used by the employee within the terms (periods) agreed with the employer. And in case of dismissal, the employer will be obliged to pay compensation for all unused (accumulated) vacations ( Art. 127 Labor Code of the Russian Federation).

Nevertheless, the employer should not allow arrears on employee vacations - primarily because work without vacation affects both the physical and psychological state of the employee, as a result, labor productivity and immunity fall, the employee often goes on sick leave. Problems are possible, up to the point that an accident at work may occur.

In addition, when paying compensation upon dismissal, the employer may overpay if for Last year the employee received a salary increase, since compensation for unused vacation is calculated based on the average earnings for 12 months ( Regulations on the peculiarities of the procedure for calculating the average wage approved Decree of the Government of the Russian Federation of December 24, 2007 No. 922 ).

To avoid problems with unused vacation and payment of compensation, some employers, after 2 years without vacation, formalize the dismissal of the employee with the payment of compensation to him, and then hire him again. From a legal point of view, there seems to be no violations. But if this option is used constantly, then the inspectors may see a violation of the rights of employees: firstly, their length of service is interrupted for the next annual paid leave, and secondly, the employee may lose the rights to guarantees or payments established in the organization, for example, for continuous work experience.

Actions of the employer if the employee refuses to leave

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 for what liability may come, 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? Of course, you can enter the situation once or twice, but then the problems will have to be solved both directly by the personnel officer and the employer. Therefore, it is not worth letting everything go by itself. The employee should be brought to disciplinary responsibility, for example, to start with a remark, then a reprimand.

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. An order is needed to grant annual leave, which the employee is familiar with. If he refuses, this fact must be recorded.

4. Not later than 3 days before the start of the vacation, it is necessary to pay the employee vacation pay ( Art. 136 Labor Code of the Russian Federation).

Do not forget that if the employee was not paid on time for the annual paid vacation or the employee was warned about the start time of this vacation later than 2 weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the vacation for another period agreed with the employee .

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 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 rest suits the employer, then by sending the employee on vacation, for this period, conclude a civil law contract with him.

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

Reschedule vacation, unless 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 ( pp. "e" p. 39 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No.2 “On the application by the courts Russian Federation Labor Code of the Russian Federation").

According to the second part of this article, the vacation schedule is mandatory for both the employer and the employee. In other words, the employer is obliged to provide leave to the employee, and the employee is obliged to use it within the time limits established by the vacation schedule. Thus, in the situation under consideration, the employer has the right to provide for the provision of unused annual paid vacations for past working periods when drawing up the schedule for 2012. The employee does not have the right to unilaterally refuse to obey the vacation schedule approved by the employer. The employee must be notified against signature of the start time of the vacation no later than two weeks before its start (part three of Art.

If the employee has not been on vacation for more than two years

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 vacations with monetary compensation? The answer to this question depends on whether the employee is entitled to additional leave or not.
Recall that, for example, workers 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) have the right to such holidays. How to find out that the employee used the accumulated vacation Information about unscheduled vacation for past working years, as well as about planned vacation for the current year, is reflected in section VIII "Vacation" of the employee's personal card (form No. T-2) or section IX "Vacation" of the personal cards of a state (municipal) employee (form No. T-2GS (MS)).

Compensation for all unused holidays - are there limits?

The organization has employees who have not gone on vacation for several years (an annual basic vacation of 28 days is supposed). Accordingly, a vacation debt was formed, for example, 84 days.

During the year, it is not possible to provide an employee with such a number of vacation days. How can you pay off the resulting debt if employees do not quit? Having considered the issue, we came to the following conclusion: The employer is not entitled to replace the days of unused vacation with monetary compensation and is obliged to provide employees with the opportunity to actually use the accumulated vacation days. Justification for the conclusion: In accordance with Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings.
Paid leave must be granted to the employee annually.

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

Attention

Labor Code of the Russian Federation). If the vacation schedule for 2011 was not planned by the employer for previous working periods, then, in our opinion, their provision is possible only by agreement of the parties. In this case, the employer cannot send employees on vacation forcibly. Note that labor legislation does not contain special provisions establishing the maximum number of holidays that can be granted to an employee in a row. Labor legislation does not contain provisions providing for the use of vacations for working periods during chronological order (letter of the Federal Service for Labor and Employment dated March 1, 2007 N 473-6-0).

A similar opinion is supported by Deputy. Head of the Department of the Ministry of Health and Social Development of Russia N.Z. Kovyazina (Question: The employee has accumulated unused vacations for several years.

Is it true that if you do not go on vacation for 2 years, then it burns out?

For example, an employee was not on vacation in 2005 (28 calendar days), 2006 (28 calendar days), and 2008 (28 calendar days). This means that in 2013 he can immediately go on vacation for 112 calendar days (28 calendar days).
days × 4 years).

In what sequence to take vacation As a rule, employees do not use the accumulated vacation 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 the norm of Article 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.

How much vacation is due to a person who has not gone on vacation for 2 years?

For your information: Earlier, doubts on this issue arose in connection with the ratification of the Convention of the International Labor Organization No. 132 “On paid holidays” (hereinafter referred to as the Convention) in accordance with Art. 9 of which the continuous part of the annual paid leave (at least 2 working weeks) is granted and used no later than within a year, and the remainder of the annual paid leave - no later than 18 months after the end of the year for which the leave is granted. On the basis of the Convention, some courts refused to recover compensation for unused vacations from those who retired.

True, the reason for the refusal was that the employee missed the statute of limitations.

The employee has not been on vacation for three years

The drafting of the vacation schedule of the unit can be entrusted to the heads of these units. Based on the schedules presented by them, the personnel department draws up a consolidated vacation schedule.

Important

Moreover, the duty of the heads of departments to draw up a draft schedule is best fixed in the corresponding order. If such powers are not granted to managers, they can simply collect their wishes from employees, on the basis of which and taking into account the requirements of labor legislation, the personnel worker will already draw up a single vacation schedule.

Please note: When drawing up a vacation schedule, one should take into account the right of certain categories of employees to leave at any time and the length of service to provide such a vacation. Do not forget to include in the schedule and unused vacations from previous years.

If the employee does not want to go on vacation

Pravoved.RU 496 lawyers are online now

1. labor law
2. Protection of workers' rights

Hello! Haven't been on vacation for 2 years? How much vacation do I have? If you need to go to the hospital, but you do not take sick leave. Is it possible to take a vacation for this? Thanks in advance! Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:

• Didn't pay the loan for 2 years.

  How long does it take to cancel this loan?

• Did not pay the loan for 2 years, what will be the consequences?

Lawyers Answers (1)

• All services of lawyers in Moscow Class action against the employer Moscow from 30,000 rubles. Challenging entries in the work book Moscow from 15,000 rubles.

Similar questions

• Didn't pay the loan for 2 years.

If old vacations are planned in the current schedule In order to reflect the fact of replacement in the vacation schedule, it is necessary to record that part of the annual vacation (indicating the number of days) was 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 has an irregular working day. In this regard, he has the right to an annual paid vacation of 31 calendar days (28 calendar days of annual leave + 3 calendar days of 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 to receive compensation for 2009 and 2010.

If the employee has not gone on vacation for 2 years

About how many years an employee may not go on vacation and what the employer should do if some employees do not use their annual vacation, we will talk in the article. BASIS FOR VACATION. According to Art. 123 of the Labor Code of the Russian Federation, the order in which paid holidays are granted 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 2 weeks before the start of the calendar year in the manner prescribed by Art.

TK RF. At the same time, the vacation schedule is mandatory for both the employer and the employee. Scheduling vacations is a rather responsible matter, especially if the organization has a large staff of employees.

In such cases, at first, as a rule, schedules are drawn up in structural divisions, and then a consolidated schedule is formed.

If the employee does not go on vacation for 2 years

If such a transfer is carried out at the initiative of the employer in accordance with Part 3 of Art. 124 of the Labor Code of the Russian Federation, two conditions must be met:

• providing an employee with leave in the current working year may adversely affect the normal course of the organization's work;
• the employee agreed to carry over the vacation to the next working year.

The employee himself can also apply with a request to postpone the vacation for another period, including the next year. If the employer does not object, an order for such a transfer should be issued and changes should be made to the vacation schedule.

Leave postponed at the initiative of the employer must be used no later than 12 months after the end of the working year for which it was granted. By virtue of h. 1 Article. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts, one of which must be at least 14 calendar days.

We repeat that all these activities must be completed no later than 2 weeks before the start of the new calendar year. We recall that, in accordance with Art. 693 of the List of typical managerial archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the periods of storage, approved by Order of the Ministry of Culture of the Russian Federation of August 25, 2010 No. 558, the vacation schedule must be stored in the organization for 1 year. Moreover, the calculation of the period is made from January 1 of the year following the year of completion of office work. That is, the vacation schedule for 2017, approved in December 2016, expires on December 31, 2017. Therefore, you need to keep it for the whole of 2017. HOLIDAY POSTPONED TO NEXT YEAR. Annual paid leave can be carried over to the next working year.

If the employee has not been on vacation for more than two years

Attention

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 The fact that the Instruction is subject to application is stated in the Ruling of the Supreme Court of the Russian Federation dated 01.11.2012 No. APL-12-651 Additional paid leave, as a rule, is attached to the main one (part

1 st. 116 of the Labor Code of the Russian Federation, paragraph 8 of the Instruction approved by the Decree of the USSR State Committee for Labor, the All-Union Central Council of Trade Unions of November 21, 1975 No. 273 / P-20). Only a part of each of the holidays exceeding 28 calendar days, or any number of days from this part (part 2 of article 126 of the Labor Code of the Russian Federation) can be replaced with monetary compensation.

Compensation for all unused holidays - are there limits?

When drawing up a schedule, an additional column is added to form No. T-7 (it can be called, for example, “Period for which leave 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. In order not to get confused, we recommend that in the vacation schedule the past periods for which vacation is granted in the current year be indicated in chronological order. If the 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 vacations can be granted to the employee outside the schedule.

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

Important

• Vacation schedule
• Warranty

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


4 tbsp. 124

Info

TC RF). 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). It is possible to transfer the vacation to the next working year only if two conditions are met simultaneously: in exceptional cases, when the employee's departure on 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 By accumulating vacations for employees, the employer violates labor laws.

Is it true that if you do not go on vacation for 2 years, then it burns out?

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.

How much vacation is due to a person who has not gone on vacation for 2 years?

Code of Administrative Offenses of the Russian Federation. If, nevertheless, it turned out that the employee did not use vacation for 2 years and he has accumulated 56 calendar days of vacation, should the employer give him 84 days next year or do they “burn out”? Of course, nothing “burns out”, there is no such concept in labor legislation. You will either have to give the employee a vacation of 84 days, or pay compensation for these days upon dismissal. According to the Letter of Rostrud dated 08.06.2007 No.  1921‑6, if an employee has unused annual leave for previous working periods, then he retains the right to use all due annual paid holidays.
Annual leave for previous working periods may be granted either as part of the vacation schedule for the next calendar year, or by agreement between the employee and the employer.

The employee has not been on vacation for three years

Labor Code of the Russian Federation). When summing up annual paid holidays or postponing annual paid holidays to the next working year, a part of each annual paid holiday exceeding 28 calendar days, or any number of days from this part, can be replaced with monetary compensation. At the same time, replacing part of the vacation with monetary compensation is the right, and not the obligation of the employer, and an indispensable condition for such a replacement is the presence of a written desire of the employee himself. Thus, the application of the provisions of Art. 126 of the Labor Code of the Russian Federation is possible in relation to employees who, in accordance with part two of Art.

If the employee does not want to go on vacation

For the fact that employees are not provided with 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 No. 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 No. 03-03-06 / 4/55).
Thus, the Supreme Court of the Republic of Karelia in the Appellate Ruling dated March 27, 2015 in case No. 33-1227/2015 noted that the period for claims for compensation for unused vacations is 21 months after the end of the year for which the vacation is granted (18 months (period in during which leave must be granted) + 3 months (the period for the employee to apply to the court)). The fact that the vacation in the calendar year was not granted in full and compensation was not paid should have been known after the end of each year of work, as a result of which the required vacation was not granted. The situation is simpler if the employee used the main part of the vacation every year in the amount of 14 days, and he accumulated the remaining unused parts of the vacation.

If the employee has not gone on vacation for 2 years

In addition, when drawing up the schedule, it will be necessary to take into account the wishes of other employees, and the order of vacations in the previous year, and the intensity of the labor process during the year, and the specifics of the organization's activities. We will have to try so that neither the interests of employees nor the interests of the employer are infringed. In order to avoid disputes, it is possible to prescribe the procedure for granting holidays in a local regulatory act and familiarize employees with it.

After drawing up the schedule, it is signed by the head of the personnel service and approved by the head of the organization or an authorized person (signed). If the enterprise has a trade union, then the schedule must be agreed with it. Despite the absence of an obligation to familiarize employees with the approved schedule against signature, this must be done.

If the employee does not go on vacation for 2 years

But if this option is used constantly, then the inspectors may see a violation of the rights of employees: firstly, their length of service is interrupted for the next annual paid leave, and secondly, the employee may lose the rights to guarantees or payments established in the organization, for example, for continuous work experience. ACTIONS OF THE EMPLOYER IF THE EMPLOYEE REFUSES TO HOLIDAY. 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 for what liability may come, 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? Of course, you can enter the situation once or twice, but then the problems will have to be solved both directly by the personnel officer and the employer. Therefore, it is not worth letting everything go by itself.

Labor Code of the Russian Federation). When summing up annual paid holidays or postponing annual paid holidays to the next working year, a part of each annual paid holiday exceeding 28 calendar days, or any number of days from this part, can be replaced with monetary compensation. At the same time, replacing part of the vacation with monetary compensation is the right, and not the obligation of the employer, and an indispensable condition for such a replacement is the presence of a written desire of the employee himself. Thus, the application of the provisions of Art. 126 of the Labor Code of the Russian Federation is possible in relation to employees who, in accordance with part two of Art.

If the employee has not been on vacation for more than two years

Attention

What it threatens: if this fact is revealed in the event of an inspection by representatives of the Federal Labor Inspectorate, the organization may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. For violation of labor legislation and labor protection legal entities may be subjected to an administrative fine in the amount of three hundred to five hundred minimum dimensions remuneration or administrative suspension of activities for up to ninety days. Violation of labor legislation and labor protection by an official who was previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years. My advice to you: send the employee on vacation. This is the only legal option for resolving the issue at the present time.

Nadezhda_L 2011-02-24 11:56 1. Compensation is provided for all unused vacations, but upon dismissal.

Is it true that if you do not go on vacation for 2 years, then it burns out?

Info

When drawing up a schedule, an additional column is added to form No. T-7 (it can be called, for example, “Period for which leave 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. In order not to get confused, we recommend that in the vacation schedule the past periods for which vacation is granted in the current year be indicated in chronological order. If the 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 vacations can be granted to the employee outside the schedule.

The employee has not been on vacation for three years

Here, using this example, you can already write a dissertation or remove a soapy and confusing Santa Barbara ..)) Well, the difference when to pay for additional vacations is that if now new employees are taken and taught somewhere, and if this and to compensate for vacations because of her slovenliness and their family tricks - all this needs money. aleron 2011-02-24 16:02 Veronika, the founder did not accept her husband and wife. It was the director's wife who brought a manager for herself and then married him. So the founder could not resist it. With us, it is impossible to fire someone if he marries a colleague.

The Labor Code of the Russian Federation protects people. As for the birth of a child, yes, the founder hoped for an employee he trusted. But the reasons were pretty good - the promise of a person whom she trusted.)) She swore to him that after a while, or rather in a year and a half, she would return to work.

How much vacation is due to a person who has not gone on vacation for 2 years?

Labor Code of the Russian Federation). If the vacation schedule for 2011 was not planned by the employer for previous working periods, then, in our opinion, their provision is possible only by agreement of the parties. In this case, the employer cannot send employees on vacation forcibly. Note that labor legislation does not contain special provisions establishing the maximum number of holidays that can be granted to an employee in a row. Labor legislation does not contain provisions providing for the use of vacations for working periods during chronological order (letter of the Federal Service for Labor and Employment dated March 1, 2007 N 473-6-0). A similar opinion is supported by Deputy. Head of the Department of the Ministry of Health and Social Development of Russia N.Z.

Kovyazina (Question: The employee has accumulated unused vacations for several years.

If the employee has not been on vacation for 2 years

Labor Code of the Russian Federation). In addition, it must be borne in mind that the provisions of Art. 126 of the Labor Code of the Russian Federation on the replacement of annual basic paid leave and annual additional paid holidays with monetary compensation do not apply to pregnant women and employees under the age of eighteen. It is also not allowed to replace with monetary compensation the annual additional paid leave for employees employed in work with harmful and (or) dangerous working conditions for work in appropriate conditions. In this case, the duration of the annual paid leave of employees who did not use their right to leave for previous years, is 28 calendar days. Therefore, the replacement of part of the vacation with monetary compensation in this situation is unacceptable.

If the employee has not been on vacation for 2 years

Comrades, I welcome you again. In the forum I asked a question about the director-lady, so here's another question about the same people. Please. As I wrote, in a small company, the director was a woman who gave birth to a child. She remained the acting director and did not go on vacation - she “worked” at home.
The founders counted on her return along with her knowledge. In fact, her husband, the manager, plowed for two. While she was “working” at home, no one was hired to replace her (they themselves decided that the husband would plow for two, and she would receive a full salary in her name). Therefore, the manager did not actually have a shift to go on vacation. As a result, he did not go on vacation for 4 years. Well, yes, a violation of the Labor Code, but where to go, so these two married men organized themselves. The founder himself recently suggested to the manager that they count him some vacation pay compensation.

If you have not been on vacation for 2 years

I could know or not, I do not know, but it is necessary to foresee such situations. Judge for yourself: we hire a husband and wife. There is no question how they will go on vacation (together, in turn or how?)? Do you know many families where the husband and wife rest separately from each other, and even at different times? Personally, I don't. And if only for this reason, I will wonder how we will regulate the situation with holidays. Further more: a woman gives birth to a child.

Do you really sincerely think that at this time (at least the first months) she will be before work? And how can you be sure in this situation (you never know how the health of the child and mother will be)? The founder either didn’t think about it at all, or hoped for some incomprehensible chance. aleron 2011-02-24 15:56 Thank you, Veronica. No, they don't have bad jobs. And the dividends were definitely not bigger because he didn't go on vacation.

If you have not been on vacation for 2 years, how to calculate compensation

Important

And it will not matter to anyone that the founder told her 5 times during this time: hire a manager! Did not hire .. This is the managerial mistake of your leader. Management implies not only setting goals, but also monitoring their implementation (and this is all the more important when it comes to business security, as in this case). aleron 2011-02-24 14:50 Veronica, yes, thank you. I understand that according to Art. 126 compensation can only be paid for additional days (of which they have 16 more per month in addition to 28).

And the main ones - you need to walk somehow, and not pay off in any way. Remained incomprehensible only with additional days. In addition to the main 112 days, the guy had 64 additional days. Article 126 of the Labor Code states that "Part of the annual paid leave exceeding 28 calendar days, upon a written application of the employee, may be replaced by monetary compensation."

If an employee has not been on vacation for 2 years, how to calculate vacation pay

Pravoved.RU 1056 lawyers are online now

1. labor law
2. Protection of workers' rights

Hello! Haven't been on vacation for 2 years? How much vacation do I have? If you need to go to the hospital, but you do not take sick leave. Is it possible to take a vacation for this? Thanks in advance! Minimize Victoria Dymova Support Officer Pravoved.ru Try to look here:

• Didn't pay the loan for 2 years. How long does it take to cancel this loan?
• Did not pay the loan for 2 years, what will be the consequences?

You can get an answer faster if you call the free hotline for Moscow and the Moscow Region: 8 499 705-84-25 Free lawyers on the line: 8 Lawyers' answers (1)

• All services of lawyers in Moscow Assistance in case of groundless refusal of employment Moscow from 30,000 rubles.

  Assistance in reinstatement at work Moscow from 40,000 rubles.