Failure to provide leave for two consecutive years is expressly prohibited by the Labor Code of the Russian Federation; if there is such a violation, the employer may be held administratively liable.

Many workers fear that unused vacations from previous years of work will not be provided. However, “burning out” of such vacations is considered a violation of labor laws on the part of the employer, therefore he is obliged to provide the employee with all the required vacation days. The only legal option for missing your own vacation during the working year is to transfer it to the next working year. Moreover, such a transfer is possible only with the consent of the employee himself, and the organization is obliged to pay him for this leave during the next calendar year.

What to do if you miss a vacation?

By agreement with the employer, an employee may go on vacation several times during the working year until he has used all the allotted calendar days. At least one part of the vacation in this case must be 14 days or more.

If an employee agrees to miss his own vacation for the current working year, then he should carefully read the vacation schedule that will be approved for the next year. The specified schedule must provide for the provision of double leave to this employee (it can be divided into parts). For an employee entitled to an annual vacation of twenty-eight days, the duration of leave upon absence must be fifty-six days for the next working year. If the employer refuses to let the employee go for such a period, claiming that his vacation for the previous year was “burned out,” then it makes sense to contact the supervisory authorities with a complaint.

How to negotiate with your employer when you miss a vacation?

If an employee has not gone on vacation for one working year, and the employer cannot release him next year for fifty-six calendar days, then it is possible to reach an agreement with the employer. Labor legislation allows for partial replacement of rest with monetary compensation. In this case, you can only replace the part that is more than twenty-eight calendar days. In other words, if an employee misses his own vacation for one year, he can negotiate to replace the rescheduled vacation and receive additional income. Vacation for the past time will not “burn out”, but will be converted into money.

One of the questions on which HR specialists have not yet come to a consensus is this: does unused vacation expire or not in 2019? There are different points of view on this matter. Which one is correct can be found out only after carefully studying the regulatory documents.

Rest in a storehouse

As in previous periods, in 2019, any employee can use all the rest days that he has accumulated while working for the company. If desired, last year's vacation can be added to the current one. This conclusion follows from the provisions of Art. 124 Labor Code of the Russian Federation.

In other words, if an employee has 10 calendar days left unused from last year, they transfer to the current year. Therefore, when going on vacation, an employee first takes last year’s part off, and only then the current one. In fact, it is not necessary to take vacation separately for the past and current periods. In practice, rest days are usually provided at the same time.

Situations where an employee has unused vacation for several years at once are unacceptable. It cannot be that the employee has 5 days of rest left for 2013, 2 days for 2014 and another 15 days for 2015. If such an error is detected, the HR specialist must make appropriate adjustments to the personal file and then assume that the employee did not use 22 days of vacation for 2015.

To count the quantity unused vacation days for which compensation is due, use the formula: (Duration of full annual leave / 12) X Number of full months worked – Number of vacation days used

Take into account every year in which the employee did not take vacation or only partially took it off. After all, he had the right to rest annually (Article 114 of the Labor Code of the Russian Federation). In this case, we are not talking about the calendar, but about the working year. That is unused count vacation days for every 12 working months, starting from the day of employment (clause 1 of the Rules on regular and additional vacations, approved by the People's Commissar of the USSR dated April 30, 1930 No. 169; hereinafter referred to as the Rules).

Do not include in such vacation experience:

• the time when the employee was absent from work without good reason (including in cases provided for in Article 76 of the Labor Code of the Russian Federation);
• parental leave until the child reaches three years of age;
• leaves without pay for a total duration of more than 14 calendar days.

This procedure follows from paragraph 2 of paragraph 28 of the Rules approved by the CNT of the USSR on April 30, 1930 No. 169, and Article 121 of the Labor Code of the Russian Federation.

How to show it in graphics

When filling out the schedule, do not forget to consider the following points:

• You cannot make corrections to the document, or cross out what is written;
• any changes are made only after their approval by the employee’s immediate superior and receipt of a permit visa from the head of the company;
• if an employee postpones his vacation more than once, all information about this must be reflected in the schedule. (also see "".).

According to general practice, unused vacation days can be provided to an employee in two ways:

1. in accordance with the schedule - in this case they must be added to the total number of days of rest entered in column 5;
2. based on the employee’s application in agreement with the employer.

In the latter case, the employee will have to write a statement, the form of which will practically not differ from the standard one. There is no need to specify for what period rest days are provided.

Application for unused vacation: sample

Possible problems when filling out the application

Although it is not difficult to create this document, most employees still make mistakes in it. To eliminate such unpleasant situations, personnel officers are advised to have a ready-made sample application for unused vacation, prepared in accordance with the requirements listed above. Each employee planning to go on vacation will have to carefully read the rules for drawing up this document and scrupulously follow them.

Are unused vacations beneficial to the employer?

Every company has irreplaceable employees who almost never go on vacation. For a number of reasons, they do not have time to take off their allotted days, and unused vacations accumulate. It turns out that this state of affairs does not suit many employers. There are several reasons for this:

• When inspected by the labor inspectorate, its specialists will probably ask why the company’s employees do not exercise their right to annual rest. Failure to comply with the requirements of the Labor Code of the Russian Federation for the employer is fraught with the issuance of orders and the accrual of fines. Also see "".
• In the event of dismissal of an employee who has not taken leave for a long time, the amount of compensation due to him will be quite large. This may have a negative impact on the company's spending budget.
• An employee who has accumulated a large amount of vacation arrears may suddenly decide to exercise his right to vacation and insist that he wants to take some time off immediately. In this case, the company may not have time to fulfill all legal requirements, namely: timely notify the employee about the start of the vacation and pay him the due amount.

To avoid claims from inspection authorities, employers offer employees various ways to repay vacation debt.

The simplest and most beneficial option for all parties is to take unused vacation from previous years in full or in parts. In this case, the employee uses his right to rest and receives the amount due to him, and the company will liquidate the resulting debt.

In this case, the employee is forced to write in the application that he does not object to the transfer of money at a later date. Few people know that the presence of this inscription does not relieve the employer of the obligation to calculate and pay compensation to the employee for delayed vacation pay. In practice, this legal requirement is ignored, which is fraught with negative consequences for both parties: the employee does not receive enough money, and the company risks being accused of committing an administrative offense.

What happens to lost vacation upon dismissal?

At the time of dismissal, most employees usually have several days of unpaid vacation. The company has the right to repay the resulting debt in two ways:

1. pay the employee monetary compensation for all days of unused vacation;
2. send the employee on annual paid leave for the number of days he is entitled to, and then fire him.

The right to choose one or another method of compensation belongs to the employee. The employer cannot force him to prefer any particular option.

12/02/2018, Sashka Bukashka

Whether the vacation will burn out is a question that worries millions of Russians. What to do if a person has accumulated unused vacation over the past year? The new law of 2019, which was actively discussed in winter and spring, what does it say on this topic? Let's figure out whether labor holidays are preserved in 2019 if the employee did not take them off in the previous period, or they expire.

Annual labor leave is guaranteed to all working citizens. During this time, the employee retains his position, place of work and (,). Paid rest must be provided to the employee in each year worked, and for at least 28 calendar days.

Does vacation from previous years expire in 2019?

Quite often there are situations in which a working citizen does not take the required days of “rest” in the next working period. For example, due to production needs. However, Part 4 prohibits Russian employers from not providing their employees with labor rest for two years. But this does not mean that vacation not taken will be burned; the 2019 Labor Code recognizes the statement as incorrect.

At the same time, in Art. 9 of ILO Convention No. 132 (in force in Russia since 2011) provides the following rules: a vacation period (at least two continuous weeks) must be granted and used within one calendar year. And the remaining part of the annual rest is no later than 18 months from the end of the working period for which the pause was granted.

It is precisely these provisions of the Convention that were regarded by some experts as a positive answer to the question: do unused vacations expire in 2019? The Labor Code does not contain such norms. And if you read somewhere that unused vacation will be lost in 2019, then this is not true! Consequently, the question that concerns all citizens: do holidays from previous years expire in 2019 can be answered unequivocally - no, it does not.

In general, the burning of vacations in 2019 is a topic that was initially launched on some not the most professional sites on the Internet. Of course, this is a sore subject for many (after all, not all of our fellow citizens take full rest every year, and many days accumulate and accumulate. It is not clear what a working person should do with these days: the bosses are unlikely to let you rest for 2-3 months at the expense of the previous ones years... That is, theoretically, you can take vacation for 2018 in 2019, but who will give so much, as they say. And we are scared: suddenly, either now it will not be possible to take these days at all, or even vacations not taken will expire in 2019 without compensation.

Let's now understand monetary issues and compensation.

How to get money for unused vacation

The Labor Code regulated the rights of citizens. Let’s determine when an employee can receive money for unused vacations from 2019 and whether these days expire.

If an employment contract with a citizen is terminated, then he is entitled to compensation for all unused rest days. That is, if the employee had unused days for several previous periods, then this vacation does not expire and the employer is obliged to pay the employee in full ().

If the employee continues to work, it is not so easy to receive money for unused annual leave. Firstly, compensation is due only for days of additional rest (over 28 days). Secondly, some categories of citizens do not have the right to replace rest with money (pregnant women, minors and workers in hazardous conditions). Thirdly, the decision to replace unused days with money is made solely by the manager.

It is impossible to receive money for vacations not taken in past periods. For clarity, let's look at an example:

Ivanov I.I. in 2017, I took 10 calendar days off out of 28 allotted. In 2018, the employee did not take any rest due to production needs. Can Ivanov receive compensation in 2019 for the remaining 18 days? 2017 and full annual leave in 2018 (28 days), because the number of days of rest in 2019 will be 54 calendar days, which is 46 days more than the minimum amount of rest.

No, he can not. Since 18 days in 2017 and 28 days in 2018 are not additional days of vacation in 2019, the employee can either take the required period off or receive a compensation payment by resigning from the organization.

What happens if you didn’t take a vacation, and now your bosses won’t let you go for several years, then the vacation you didn’t take will expire in 2019 without any compensation? No, that's certainly not true. All money for these days is mandatory. And here it doesn’t matter how many years you have accumulated days – even 10 years. Upon dismissal, everything must be paid. And nothing will burn.

Each employee is entitled to leave of one duration or another, but its minimum is 28 calendar days per year (Article 115 of the Labor Code of the Russian Federation).

But if the employee did not take such a vacation or did not go on vacation at all, then these days do not burn out, but simply accumulate. This is a vacation without time off.

Article 115 of the Labor Code of the Russian Federation. Duration of annual basic paid leave

Annual basic paid leave is provided to employees for 28 calendar days.

Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.

The accumulation of unused vacation days is highly undesirable., since negative consequences occur for both parties to the labor relationship, both the employer and the employee:

• lack of rest reduces labor productivity and deprives the employee of the opportunity to regain strength for new achievements;
• the labor inspectorate may raise questions to the employer regarding the infringement of workers' rights to rest, which may lead to the imposition of certain sanctions;
• in case of long-term accumulation of unused vacation, the employer will have to pay a considerable amount as compensation when dismissing the employee;
• If the employee nevertheless decides to use all the accumulated rest days, then the employer may not always have the required amount of funds.

For what period must an employee take accrued days off?

You can accumulate labor leave with the right to receive it later within two years., and the employer is obliged to provide these accumulated days before the end of the second year (Article 124 of the Labor Code of the Russian Federation).

But if it so happens that the vacation has accumulated over a period of more than two years, then in this case the rest days do not expire, but it is not a fact that you will be able to take them off, since the Labor Code of the Russian Federation does not stipulate anywhere that the employer is obliged to provide non-vacation days vacations for past years exceeding a two-year period.

If it is not possible to agree with the employer on the use of these days in kind, then the employee only has the right to count on monetary compensation for vacation days before dismissal.

If you do not take annual paid leave, it is transferred to the next year. If it is not used in the second year, then subsequently it is compensated by a cash payment upon dismissal.

Do I need to put it on the schedule?

Is there an obligation to include vacation time in the schedule? According to the general rules, the vacation schedule contains information about the planned rest of workers for the next working year, that is, the schedule specifies the main and additional (if any) vacation, the accumulated unused portion of vacation is not indicated in the schedule.

In what order is it provided?

The labor legislation of the Russian Federation does not contain any requirements regarding the sequence of use of labor holidays. In any case, it is worth remembering that first of all it is necessary to use the vacation for the next working year.

This must be done so that it does not go into the accumulated category, since using rest days from past years to the detriment of current years loses all meaning eliminating accumulated vacation days.

Therefore, by agreement with management, annual paid leave can be granted for the next working year, and accumulated days can be added to it. These days can also be provided separately by agreement with the employer, at any time.

Is it possible to replace it with monetary compensation?

It is possible, and there are only two such cases:

1. Upon dismissal of an employee. Here the employer pays compensation in full for all accumulated vacation days.
2. At the request of the worker in relation to that part of the vacation that exceeds 28 calendar days (Article 126 of the Labor Code of the Russian Federation). But do not forget that such replacement is prohibited for some categories of workers:
   • pregnant women;
   • minors;
   • workers in dangerous or hazardous work.

How to apply?

What if an employee decides to take unused vacations from previous periods? The procedure for applying for leave begins with the employee submitting an application, in which you must indicate the duration of the rest, its beginning and end.

The law does not provide for the obligation to indicate in his application for what period he intends to take leave. This is a matter for the enterprise's personnel department, which must monitor the progress of its employees' vacations.

But if the employee nevertheless indicated such a period, then it should be taken into account that if this period is included in the two-year period preceding the vacation, then the employer is obliged to provide the unused leave specified by the employee. If it is not included, the employer has no such obligation, since according to Part 4 of Art. 122 of the Labor Code of the Russian Federation, vacations are provided according to the priority established by the employer.

Important! The employer himself decides for what period to provide vacation, which has accumulated over more than two years. After the employee submits an application, the manager issues an order in form T-6.

It indicates the type of leave, its duration, the period from which it is added (the days and their reasons are listed here, for example, for an irregular working day, for a long period of work at the enterprise, etc.), as well as the period for which it is provided .

The order is endorsed by the personnel employee, signed by the manager and given to the employee for review against signature.

What to do if an employee has accumulated days off and refuses to go on vacation?

To answer this question, it is necessary to note that certain conditions are met.:

1. The enterprise must have a properly formalized vacation schedule, which clearly states the rest time of all workers.
2. Management must notify the employee of his upcoming vacation 2 weeks before the start of the vacation. Such notice must be delivered against signature. If a notification is refused, a corresponding act must be drawn up.
3. An appropriate order with the signature of the employee on his familiarization with the specified document is required. If you refuse to familiarize yourself, a report is also drawn up.
4. Vacation pay must be paid no later than three days before the start of the vacation.
5. When an employee goes to work during his vacation, a corresponding act is also drawn up indicating this fact.

After all the above actions, the worker can be brought to disciplinary liability under Art. 192 and art. 193 Labor Code of the Russian Federation. But this is not the best solution.

Alternatively, dismiss the employee with payment of the due compensation, and then rehire him. But it is not advisable to do this on an ongoing basis, since the inspection authorities may have some questions, for example, regarding the infringement of workers’ rights to guarantees for continuous service at the enterprise.

If an employee refuses to take a vacation, arguing that he does not want to lose earnings, then a civil contract can be concluded with him during his vacation.

Employer's liability

An employer may receive a fine for not taking vacation time for its employees.. Responsibility occurs when the inspection authorities detect a corresponding violation. In Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for the following liability:

You can be prosecuted for these violations within a year from the moment they are discovered.

Conclusion

Exercising the right to leave for workers is the employer’s responsibility, violation of which can lead to serious consequences in the form of administrative liability. Therefore, it is very important to keep track of the number of vacation days for each employee and arrange for their provision on time.

Vacation cannot expire, and nevertheless, the employee should go on vacation annually and preferably in full, because restoring strength will help inspire new achievements, which will undoubtedly increase labor productivity.

Please tell me whether an employee can take vacation for example for 2010 in 2013. Or what to do with unused vacation from previous years?

Yes, the employee retains the right to take off unused annual leave for previous working periods.

An employee can take off unused vacation in the current year, however, first of all, the employee must take off vacation for the current year, and only after that vacation for previous periods.

As a general rule, unused vacation can be replaced with monetary compensation only to the extent exceeding 28 calendar days. If the unused vacation is less than 28 calendar days, then it cannot be replaced with monetary compensation.

At the same time, it is possible to pay compensation in cash. For example, formalize the dismissal of an employee, pay him compensation for unused vacation () and hire him back.

The rationale for this position is given below in the materials of the Glavbukh System

Article:The employee has not been on vacation for three years

Not often, but it happens that employees do not go on vacation for many years. This article explains what to do with a three-digit number of unused vacation days.

Labor legislation prohibits working without vacation for more than two years (Part 4 of Article 124 of the Labor Code of the Russian Federation). Vacation 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).

You can transfer your vacation to the next working year only if two conditions are met simultaneously:

in exceptional cases when an employee going on vacation in the current working year may adversely affect the organization’s activities;
with the consent of the employee.

Penalty for not providing leave for more than 2 years

By accumulating vacation time for employees, the employer violates labor laws. 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 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).

Vacation for several years in one year

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

Punishing an employer for violating labor laws does not cancel his obligation to provide the employee with the opportunity to use all accumulated vacations.

The employee retains the right to take unused annual leave for previous working periods (Rostrud letter No. 473-6-0 dated March 1, 2007). Moreover, during a 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). For example, the 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 - 4 years).*

In what order should you take unused drops?

As a rule, employees do not use accrued vacation immediately, but gradually. Let's look at the procedure for using vacations in past years.

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

For old vacations - any order. Rostrud, in letter No. 473-6-0 dated 03/01/2007, explains that annual paid leave for previous working periods can be provided:

or within the framework of the vacation schedule for the next calendar year;
or by agreement between the employee and the employer at any time (without including these days in the current schedule).

Omission schedule

The order of provision of paid vacations this year is determined in accordance with the vacation schedule (Part 1 of Article 123 of the Labor Code of the Russian Federation).

For ease of accounting, vacations unused for 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, such leave is recorded as follows. When drawing up a schedule, an additional column is added to form No. T-7 (it can be called, for example, “Period for which vacation is granted”). It indicates all periods for which the employee has unused vacation. And opposite each period the number of calendar days is indicated.

If one of the employees with unused vacations decides 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 years is not planned in the current vacation schedule

By agreement of the parties to the employment contract, old vacations may be granted to the employee outside the schedule. Leave for the past period is granted based on the employee’s application and the director’s order.

Compensation in lieu of unused vacation

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

Let us remind you that the right to such leave is, for example, employees employed in hazardous industries, employees with irregular working hours, employees working in the Far North (