Vacation in advance according to the Labor Code of the Russian Federation: is it possible to take it, the procedure for granting it, how to apply for it, how to calculate payments, features of retention upon dismissal

Algorithm for booking vacation in advance

The procedure for applying for an unscheduled vacation is practically no different from the steps that must be taken when receiving a planned vacation. The main difference here is the mandatory application procedure. This is logical, because such leave is not in the vacation schedule; the employer does not know that the employee needs time off from work.

How to make an application

Therefore, the first step when applying for vacation in advance should be writing an application. The document does not have a specific form, so the application is written in any form. It can be written by hand, but it can also be printed on a computer, providing only an original signature. But according to personnel records, the application must contain:

The introductory part - the “header” - of the statement. If an employee does not want to look illiterate in terms of standard document flow, it is recommended to know several immutable rules when drawing up paper:
The first step is the exact position of the head of the enterprise (general, executive, commercial director).
Full (correct) company name.
Next - the first name, patronymic (initials) and last name of the director. Please note that according to documentary etiquette, when submitting a request, it is recommended to write the manager’s initials first, and only then the surname. Of course, grammatical errors are not welcome here, therefore, if there are doubts about the correct spelling of the addressee’s full name, it is better to clarify this point.
In the second part of the “header” you need to indicate the full details of the applicant - position, structural unit, full name (here the spelling of initials is standard, the last name comes first). It is recommended to indicate a personnel number, especially if the company has a large staff and there may be employees with the same surname.
The title of the document is written with a capital letter; the use of capslock is undesirable. And you shouldn’t put a period after the word “statement”, it’s wrong.
In the main content of the document you need to write down key data on the proposed vacation:
Its duration in calendar days. It should be taken into account here that, according to labor legislation, holidays that fall during this period are not taken into account in the vacation period.
The type of vacation period is basic annual paid.
Finally, the date the document was written is indicated on the left. We recommend drawing up the document in advance (7-14 days before vacation is an acceptable period for going through all the authorities and calculating vacation pay).
The original signature of the applicant is recorded on the right, and the decryption of the signature is indicated through a slash sign.
The application for advance leave can be typed or handwritten
But the application process does not end there. To get the CEO's approval, it's a good idea to first get an "ok" from your line manager. After all, it is he who plans the work process in the department, and it is he who decides how effectively the department will cope in the absence of one staff member. Often, without such a resolution, the general will not even consider the document.
Read also: Calculation period for compensation for unused vacation
Immediate supervisor visa is an important attribute of an advance vacation application
Note that some enterprises have a rule that the HR employee must also put his mark on such a document. As a rule, the fact is recorded here how many days of vacation the person has already worked, that the person belongs to a category of employees with preferential treatment in terms of vacations, or that the vacation is paid in advance.
The final resolution on the statement rests with the CEO. Let us remind you that management has the right to refuse advance leave to an employee without giving reasons. But a more loyal option in case of refusal is to personally explain to the employee the reasons for such a decision.

What to consider when issuing an order to grant leave in advance

After the HR department receives an application signed by all interested parties, the HR officer dealing with leave issues starts issuing an order to grant leave to the employee. When preparing this document, you need to take into account several standards and features:

The vacation order is drawn up according to template No. T-6 (form according to OKUD 0301005).
In the header of the order you must indicate the full name of the organization, as well as the unique code of the company according to the All-Russian Classifier of Enterprises and Organizations (OKPO).
An important point to consider when drawing up a vacation order is the date of issue of the document. Labor law obliges the employer to pay vacation pay at least 3 days before the start of the period. Therefore, the dated order must be the latest or earlier date.
For advance leave, it is especially important to correctly record the period of work in the order. The working year begins from the date of employment. It is on this date that the advance or worked leave agreed to by the employee is determined.
If during this period another type is added to the main leave, for example, an additional unpaid one. agreement, it must be reflected as well.
The final stage when issuing an order is its approval by the head of the organization.
Familiarizing the employee that his vacation is regulated by a separate order does not cancel the application procedure for leave. Therefore, the order must bear the signature of the vacationer and the date when he saw and read the document.

Vacation order in advance in form No. T-6

Features of calculating vacation pay, examples and subtleties

When a vacation has been agreed upon for an employee and an order ratifying an unscheduled vacation has been issued, labor law establishes a strict framework for the payment of vacation compensation - 3 calendar days before the vacation. When a weekend or holiday falls during this period, the payment must be made on the working day before. The same algorithm also works for payments for vacation provided in advance; there are no exceptions here (of course, if a paid period is taken). The fact that the vacation period has not yet been worked out does not matter; the vacationer must receive payments in full for the entire vacation period and within the period established by law.

The basis for calculation is the employee’s average daily earnings - this is regulated by Article 139 of the Labor Code of the Russian Federation. For the billing period you need to take:

12 months preceding the month when the employee goes on vacation;
if this period has not yet been completed by the employee, the first (even if incomplete) month of work and all subsequent full months are taken (with the exception, again, of the month of going on vacation).

To start the calculation, you need to take all payments received from the employer for work - wages, bonuses, additional payments for work. The exception here is payments, which are calculated on the basis of the same average earnings:

amounts received on sick leave;
travel allowances;
previously received vacation pay;
subsidies for food, fuel, communications, etc.;
days when the enterprise was idle, there was a strike, etc.

As a result, to calculate average earnings, you need to use the formulas:

Definition of average daily earnings - the entire amount of payments included in the calculation is divided by the product of the full months worked by the person and the coefficient 29.3 - the average number of days in a month (determined by the Government of the Russian Federation). If a person has incompletely worked months, then the number of calendar days in the month in which there were uncountable periods must be added to this product.
Earnings for the period - 30,000 ₽ x 4 months + 3,913 ₽ = 123,913 ₽.
Average daily earnings - 123,913 ₽ / (4 months x 29.3 + 3 days of May) = 1,030.89 ₽ (SDZ).
Calculation of vacation pay - when the figure of the employee’s estimated average daily earnings is multiplied by the number of calendar days of approved vacation.
Accordingly, you need to take Ivanov’s SDZ for the billing period and multiply this indicator by the number of vacation days.
1,030.89 ₽ x 14 days = 14,432.47 ₽.
To pay compensation, personal income tax must be deducted from the amount received (depending on the employee’s residence, if the Russian Federation, then 13%) - 14,432.47 ₽ - (14,432.47 ₽ x 13% = 1,876.22 ₽) = 12,556, 25 ₽ (must be issued in person or by Ivanov I.I.’s bank card).

The formula for calculating vacation pay is not as complicated as it seems at first glance

How to reflect the rest period in advance in the vacation schedule

Let's take the first option - when a new employee goes on vacation, who is not in the approved vacation register. There can be 2 ways here:

Please note that according to labor law, the employer in this case is not obliged to make adjustments to the vacation schedule. That is, control over the vacation periods of newcomers can be carried out using the chain: application → agreement with management → order → calculation note → personal card. Accordingly, you do not have to enter this data into the register.
But if the personnel officer, rightly believing that it is impossible to keep everything in his head, and it would be more effective for document management to include the vacation periods taken by new employees in the vacation schedule, an additional schedule-application is prepared. It is filled out according to the template accepted by the company (there is no mandatory form, but most employers use the T-7 form).

If an unscheduled vacation is taken by an employee who has been working in the company for more than a year, and, therefore, is included in the vacation schedule, a note about the transfer of the period must be included in the document.

If the enterprise uses the T-7 format, it contains blocks numbered 8 and 9 specifically for such periods, where the basis for the transfer is written (in our case, an application). In addition to the vacation application, an order must also be reflected in the schedule, since it is this document that gives the employee the right not to attend work during this period.

The transfer of vacation is recorded in the vacation schedule in columns 8 and 9

Retention of vacation pay upon dismissal

If an employee quits before the end of the working year, for which he took a full vacation, it turns out that he received vacation pay for unearned rest days. This means that the employee becomes indebted to the employer due to overpayment of vacation pay.

In such a situation, Article 137 of the Labor Code of the Russian Federation allows employers to withhold from employees’ salaries upon dismissal the amounts given to them for unworked vacation days. Moreover, such deductions are a right, not an obligation of the employer, and are at his discretion.

An exception to the general rule, when the employer does not have the right to make such deductions, is dismissal if:

the person does not want or cannot transfer to another job for medical reasons;

the organization is liquidated or the entrepreneur ceases to engage in business;

there is a reduction in numbers or staff;

the head of the company, his deputy or the chief accountant leave when the owner of the business changes;

a person is called up for military service;

the employee is forced to leave due to the return of an illegally dismissed former employee by a court decision;

the person completely loses his ability to work;

the employee or employer dies or is missing;

a catastrophe, epidemic occurs, or other emergency circumstances arise that prevent further work.

In other cases, when the employer has the right to withhold overpayment of vacation pay, he must comply with the maximum permissible limit - withhold no more than 20 percent of payments due upon dismissal. If the employee’s vacation pay debt turns out to be greater, then the employer will not be able to recover the balance of the overpayment - even in court. You can only ask the employee to return this amount voluntarily.

How to register and take into account

Registration is carried out in full accordance with the general rules: first, the worker writes an application (if there is a schedule, this is not necessary), receives an employer visa, an order is drawn up, and appropriate deductions are made. The benefit is also calculated according to general rules, based on the established amount of average monthly earnings. And it is paid in full for all days provided, regardless of how many days of rest the employee is entitled to, in proportion to the actual time worked in the organization. Appropriate notes are made in the work schedule and time sheet.

Employer's refusal

Important! The employer has every right to refuse to provide leave in advance.

According to the law, the employer's opinion is of particular importance. This also applies to the preferential categories of citizens indicated above. No one will punish the employer for refusing. This is not provided for by the Labor Code of the Russian Federation.

However, citizens in the preferential category have the right to insist on leave . With a written complaint, they have the right to contact the labor inspectorate, which, in turn, can satisfy the applicant’s request and issue an appropriate order to the company.

If a pregnant woman requests leave, she must indicate references to laws in the application, and provide a written opinion from a medical institution as a basis. In addition to the application, other papers are attached - certificates, etc. Therefore, it is better to establish a relationship with the employer immediately upon starting a job. So that in the future you don’t have to go to third-party organizations for help.

Can I take it for next year?

Every employee has this right (Article 122 of the Labor Code of the Russian Federation). The duration of vacation can be either 28 calendar days or 14, but not less than that .

Important! Advance leave is provided at the personal discretion of the organization's management with prior approval.

The management of the enterprise does not have the right to refuse the following persons:

Pregnant women.
Minor workers.
Adoptive parents of children under three months of age.

What documents are required?

application for leave (an application is written that is no different from the standard one, where the employee indicates a request for leave in advance).
vacation order (issued by the head of the company in the first person and presented to the employee against signature).

The order contains:

Document Number;
date;
full name of the company;
to whom is provided, position, passport information;
for what period (number of days and dated boundaries);
signatures with transcripts;
seal of the organization.

What to put in a special chart?

If a worker has already taken the days he is entitled to in advance this year, this is recorded in a special vacation schedule for the next year.

Example:

Romashka LLC is drawing up a schedule for 2021, and employee I.I. Petrov has already taken 28 days off, which he is entitled to by law, and 14 days in advance.

The entry will not be reflected in any way in an existing document (schedule for 2021). But when creating a schedule for 2021, it will definitely be recorded. At the same time, in column 10 a note is made that the employee took 14 days of leave in advance in 2021. Accordingly, in 2021 Petrov will only be able to rest for 14 days.

Below you will see in the photo a sample vacation schedule with an example of advance vacation:

Concept

Vacation in advance is days of rest taken by an employee before the moment when such a right arose .

It is clear that all days must be worked.

If an employee leaves the organization after returning from vacation, vacation pay for unworked days is withheld when calculating.

Labor legislation (Article 137 of the Labor Code) provides for such an opportunity for companies.