The main vacation for most employees is 28 days. For some people, such a vacation does not seem rational, and they want to divide it into several short periods. Many employers insist that at least one part of the required rest period be equal to two weeks. It is important to understand whether it is necessary to take 14 days vacation.
Short review
Can the vacation be divided into two parts? Every employee whose work activity is confirmed by an employment contract has the right to vacation. It, by agreement of the parties, can be divided into a certain number of parts.
This is guaranteed by the provision of Article 125 of the Labor Code of the Russian Federation, which clearly states that
annual paid leave can be divided, but with the caveat that one of the parts cannot be less than 14 days .
Is it possible to divide the next vacation and into what parts?
In order for the holiday to be shared, a number of conditions must be met:
- Both the employer and the employee must give consent.
- The duration of one of the parts cannot be changed (see above).
- This procedure requires approval from the administrative top of the organization.
Before the request is recorded in the application, you should know what types of leave are generally prone to fragmentation. Let's look at dividing vacation into parts in different specific cases in more detail.
Annual paid vacation
Annual paid leave can be divided into parts, as well as additional. As a matter of fact, the division of annual paid leave into parts is fixed in the previously mentioned article of the Labor Code of the Russian Federation.
Study leave
If we look at the classification of types of leave, then it refers to targeted ones, which are provided for the implementation of specific tasks.
The basis for receiving study leave is the corresponding document - a certificate of summons.
This document is received by the organization from the educational institution where the employee is studying.
Since it indicates specific deadlines, there can be no talk of any division. Leave is granted only for the period specified in the summons certificate .
Without salary
Such a “division” is initially meaningless, since the duration of administrative leave is determined by agreement of the parties. And it is impossible to divide what does not exist.
Another thing is that an employee may go on administrative leave several times during the year for various reasons. But it doesn’t seem possible to divide it.
IMPORTANT. Only annual paid leave can be divided into parts. Any other benefit, whether targeted or unpaid, cannot be divided. And, for the most part, this is inherently impractical.
Let's summarize the features of dividing vacation into parts.
The employer must receive from the employee an application to divide the vacation into parts, indicating the duration of the parts of the vacation, or enter into an agreement with the employee on dividing the vacation into parts, or add a special column to the vacation schedule, an entry in which will allow the employee to express his consent to the division of the vacation into parts.
The employee and employer must reach an agreement on dividing the vacation into parts. Any party to the employment contract may take the initiative to divide the vacation into parts. However, neither the employer nor the employee can demand that the vacation be divided into parts according to their own option. Thus, the employee and the employer need to agree on both the fact of dividing the vacation and the duration of each part. The legislation does not establish requirements for the documents that must be used to formalize the agreement reached by the parties to the employment contract on dividing the leave into parts. If the parties fail to reach an agreement on the issue of dividing the leave into parts, then the employer determines in the schedule the time for using the full duration of leave.
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Consent of the parties
Does the employer have the right to share vacation without the employee’s consent? At the very beginning of the article, it was noted that the division of vacation is a negotiated procedure. In other words: just as an employee cannot divide his vacation without the employer’s permission, the employer does not have the right to split it arbitrarily.
ATTENTION. The employer is not required to agree to the division of leave. After all, in many ways, this is the privilege of a few, and not the exclusive right of everyone. And the employee must take this into account. Especially if you can't reach an agreement.
Crushing the holiday: how many parts can it be? We have already mentioned the mandatory part of the vacation, the presence of which is mandatory as part of any employee’s vacation. But what can we do with the 14 days remaining at our disposal (taking into account that the main vacation is 28 days)? The answer is simple: share them as much as you like.
Read on to learn how to correctly calculate vacation days.
The Labor Code of the Russian Federation does not introduce restrictions in this regard. The only condition: the minimum time period is 1 day . This is obvious, but some employees miss this point.
IMPORTANT. The available 14 days can be divided as you please. And break it into 14 intervals, and into two, etc. If only the employer agreed to all this.
Now that we have dealt with the question: “Can an employer divide vacation without the employee’s consent?” Let’s look at how to take vacation in parts, what documents need to be prepared?
Procedure for provision
According to Article No. 123 of the Labor Code of the Russian Federation, the dates for granting annual paid leave are approved by the schedule, taking into account the opinion of the trade union organization. Such a document is developed two weeks before the end of the year and requires execution by both parties to the labor relationship. Compiled according to form T-7. The schedule may provide for the division of rest into parts. In this case, the start dates of the weekend must be agreed upon with the employee.
Leave is granted in installments as standard. If the division of vacation days is not fixed in the schedule, then the employee should submit a corresponding application to the manager. Such a document is written in free form. If letterhead is available, it is recommended that you use it. Typically, standard office paper is used for compilation.
The structure of the document is standard; the application consists of the following parts:
- a cap . Information about who the document is addressed to and from whom is indicated. The header should be in the upper right corner;
- Name. In the middle of the sheet, at some distance from the header, the word “Statement” is written;
- main block A request is indicated to provide rest of a certain duration on specific dates;
- conclusion . This is the date and signature of the applicant. Placed in a row on a new line.
The application must display the following information:
- Full name of the head of the company;
- name and legal form of the enterprise;
- Full name of the employee;
- start and end dates of vacation;
- employee position;
- basis for division of leave;
- the total number of calendar days of rest.
Expert opinion
Irina Vasilyeva
Civil law expert
According to Article No. 124 of the Labor Code, basic leave must be provided every year. We allow it to be transferred to the next period, but not more than two years in a row. Minors and employees working in harmful and dangerous conditions must go on leave annually. The right to transfer is not provided for by labor legislation.
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Procedure for dividing vacation
Only by agreement with the employer can an employee share his vacation. This clearly follows from the provisions of Article 125 of the Labor Code of the Russian Federation.
But how should this consent be obtained by the employee? There is not a word in the code itself about the form of such consent.
Guided by common sense and legal norms, two possible forms can be distinguished, which will be described in detail below.
Oral
Something like an oral agreement is concluded between the employee and the employer , guaranteeing the employee the fulfillment of his request. True, this is possible mainly in small enterprises, when maintaining unnecessary documentation is impractical for many reasons. In other cases, the second form is the best solution.
Written
The employee can state the essence of his request in a statement addressed to the manager. The scale of the problem allows you to save on paper, that is, instead of A4 paper, you can use A5. And there are unlikely to be any difficulties with the details of the form. All you need is:
- addressee (manager);
- addressee – sender (employee, indicating position (profession));
- name of the type of document (application);
- text;
- signature.
IMPORTANT. The text of the application does not necessarily explain what caused the desire to divide the vacation into parts. But it is better to do this anyway, since the employer can satisfy the request if the desire to split up is caused by objective reasons. Whereas purely personal motives may go unnoticed.
The picture below shows a sample application for dividing the vacation into parts:
According to the courts, the employee’s consent to divide the vacation into parts should be formalized.
The issue of using vacation in parts can be decided both when drawing up an annual vacation schedule for the calendar year, and directly when providing the employee with annual paid leave.
The vacation schedule must contain the signature of the employee confirming that he agrees to divide the vacation in parts.
The law prohibits forced division of vacation into parts. If an agreement between the employee and the employer on dividing the vacation into parts is not reached, then the vacation is granted in full in accordance with the vacation schedule.
If the vacation schedule does not contain the employee’s signature confirming consent to divide the vacation in parts, then a separate consent must be drawn up.
Moreover, consent is implied not verbally, but in writing.
Let us remind you that the unified form T-7, contained in the album of unified forms from January 1, 2013, is not mandatory for use (Federal Law “On Accounting” dated December 6, 2011 N 402-FZ). Each enterprise can independently develop a vacation schedule form with the mandatory inclusion in it of the details established by paragraph 2 of Article 9 of Law No. 402-FZ.
Thus, you can add a column to the schedule in which the employee signs his consent to divide the vacation into parts .
Entering split vacation into the schedule
It will not be difficult for the personnel service to make an appropriate entry stating that the vacation is divided into parts. To do this, you will need to indicate the number of numbers corresponding to the parts in the “number of calendar days of vacation” column , and in the “planned vacation date” column indicate opposite the start date. More detailed information about changes to the vacation schedule is provided here.
That is, the entry could be like this:
- 13 14.05.2015;
- 12 17.08.2015;
- 3 29.12.2015;
- (parts of vacation) (their start dates.
REFERENCE. Having divided the rest days into the appropriate number of parts, the employee has the right to go on vacation according to the dates reflected in the vacation schedule. If necessary, the dates can be changed again. If it succeeds.
If you need to extend your vacation and you don’t know how holidays are counted, read this article.
Application for dividing vacation into parts.
The initiative to share leave may come from the employee. In the application, the employee indicates the desired dates of leave and their duration. The application is drawn up in any form.
Sample application for dividing vacation into parts.
General Director of Romashka LLC Romashkin R.R. from the seller Ivanova S.A.
Statement
I ask you to divide the next paid vacation into three parts and provide 14 calendar days of vacation in the period from 07/01/2018 to 07/14/2018, 7 calendar days of vacation in the period from 09/01/2018 to 09/07/2018, 7 calendar days days of vacation in the period from 01.11.2018 to 07.11.2018
06/01/2018
Seller __________________ Ivanova S.A.
Is an employee required to share vacation at the request of the employer?
Quite often, due to the specifics of the company’s activities, the manager cannot allow the employee to rest for 28 days in a row. In such cases, unscrupulous employers try to force the employee to divide this period into parts. However, they have no legal grounds for this, since this contradicts the norms of the Labor Code of the Russian Federation, as well as the explanation given in the Letter of Rostrud dated July 17, 2009 No. 2143-6-1.
As for days off that fall during rest periods, the employer does not have the right to force the employee to include days off at this time. For example, when an employee wrote an application for the period from April 2 to April 6, that is, from Monday to Friday. In fact, he will rest for 7 days, but he will only be paid for 5 days.
If an employee divides his rest time into several parts that run in a row, but do not include weekends or holidays, it is highly likely that the employer will not sign such a statement. For example, if there are two applications: from April 2 to April 6 and from April 9 to 13. HR specialists will ask you to rewrite the application and include days off.
