Every year we go on legal paid leave. But every time we have a lot of questions related to the long-awaited vacation. When should vacation pay be transferred, do old vacations expire, is it possible to receive compensation for unused vacation? For clarification, the portal contacted State Inspectorate labor in the Altai Territory. Read the answers in our regular section "Question-Answer".

How much do you need to work to go on vacation?

According to Labor Code A person can count on a vacation in the Russian Federation after he has worked without interruption for at least six months. But there are categories of citizens to whom the employer is obliged to provide leave earlier if the employee requires it. It's about:

Employees under the age of 18;

Women - before maternity leave or immediately after it;

Employees who have adopted a child under the age of three months;

A man while his wife is on maternity leave;

One of the parents (guardian, guardian, foster parent) who is raising a disabled child under the age of 18.

On paid leave at 28 calendar days can be calculated by an employee who has worked full year. Such leave must be provided to the employee annually in accordance with the vacation schedule established by the employer. If the company does not maintain a vacation schedule, then the question of when exactly you can relax is decided by agreement between the employee and the employer.

Is it true that old vacations "burn out"?

No. Even if, for some reason, a vacation was not granted to an employee for several years, no “burning out” of vacations occurs. The employer must provide the employee with all unused vacations.

Can I replace vacation with cash compensation?

Only those employees whose vacation exceeds 28 days can replace part of the annual paid vacation with monetary compensation. This can be done by written application and if the employer does not object to it.

Pregnant women, employees under the age of 18 cannot count on replacing the annual basic paid and additional holidays with monetary compensation, and employees engaged in work with hazardous and hazardous conditions labor for work in appropriate conditions.

“According to Article 127 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid monetary compensation for all unused vacations. That is, compensation is paid for vacations accumulated over the entire period of work with a particular employer,” Elena Sukhonos, Acting Deputy of the State Labor Inspectorate in the Altai Territory, explained to the portal.

What to do if you are not allowed to go on vacation?

If the manager refuses to provide annual paid leave for any reason or does not provide this leave in due time, then the employee has the right to apply to the State Labor Inspectorate, as well as to the court.

The transfer of annual paid leave is possible only if the employee himself agrees to this. For example, its absence will adversely affect the work of the organization. At the same time, leave must be used no later than 12 months after the end of the working year for which it is granted. Failure to grant annual paid leave for two consecutive years is prohibited.

Does an employer have the right to split vacation into parts?

This issue is resolved by agreement between the employee and the employer. But, if you decide to break the annual leave into parts, one of them must be at least 14 calendar days. The rest of the vacation you can take at least one day or two weeks in a row.

It is important to note that it is better to decide how exactly you will rest in advance and indicate this in the vacation schedule. You can declare this even after drawing up a vacation schedule, whether or not to satisfy such an application is the right of the employer.

How long does an employer have to pay holiday pay?

Vacation pay must be paid to an employee no later than three days before the start of the vacation (part 9 of article 136 of the Labor Code of the Russian Federation). Note that two weeks before the vacation, the employer is obliged to notify the employee in writing about the upcoming vacation.

If the employee was not timely paid for the annual paid leave or the employee was warned about the start time of this leave later than two weeks before it began, then the employer, at the written request of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee (Article 124 of the Labor Code of the Russian Federation).

Employees with unused vacations should find out if unused vacations for previous years burn out, and also what is the procedure for compensation for missed legal vacations. Employers - what threatens not to provide leave, even with the consent of citizens who have not rested.

Is it possible to transfer the vacation to the next year?

According to Art. 122 of the Labor Code of the Russian Federation, annual paid leave of at least 28 calendar days is mandatory.

Workers in Russia not only have the right to take vacations while receiving vacation pay, they must do so. If employees do not have to be afraid of an administrative penalty for refusing annual leave, then he threatens the employer with a charge of infringement labor rights citizens.

The problem arises when a part of the staff does not take a vacation for several years, hoping to receive monetary compensation for the unused vacation.

If the employee did not use the vacation only once last year, then he has the right to postpone the vacation to the current year.

Note: article 124 of the Labor Code obliges to take off the missed annual paid leave no later than 12 months following the end of the fully worked calendar year.

Important nuances:

• you must first use non-vacation leave for last year, only then - for the current one;
• employees of the personnel department or other persons scheduling vacations for the next year should take into account unused periods of paid vacation in the current year;
• in the application for the grant of leave, the employee is not obliged to emphasize that this is precisely the unused period. The text indicating the duration of the rest, which is no different from the vacation statement for the current year, is legally correct.

Should be ordered. If the initiator is an employee, his application is required. Both documents must contain a good reason, provided for in Art. 124 TK.

Even if there are such reasons, the manager is not entitled to leave the subordinate without paid rest for more than 2 years in a row.

Does unused vacation expire?

Understanding whether unused vacation in 2019 burns out or not is prompted by the ratification of the convention by Russia international organization labor, which provides for the preservation of the employee's right to annual paid rest only for 21 months.

Additionally

Upon dismissal, the employee is entitled to all previously unused vacations. You can exercise this right by providing the employee with monetary compensation for the entire accumulated period. If there are few unused days, then the employer can send the employee on vacation, and only after that - dismiss him.

This ratification did not lead to the adoption of amendments to the Labor Code of the Russian Federation and other regulations, which do not provide for any combustion of non-vacation holidays.

According to the letter of Rostrud dated June 8, 2007 No. 1921-6, employees who have not taken vacation for several years are still entitled to use all accumulated vacation days.

According to the norms of the Labor Code, the employer is obliged to provide each employee with an annual vacation of at least 14 calendar days. The remaining days - both for the current year and the previous ones - are split up arbitrarily (Article 125 of the Labor Code). Find out how you can divide vacation according to the labor code. This allows the employee to periodically take 1-2-day "day off" without leaving workplace for a long period, and the employer - to eliminate the violation of labor legislation in terms of paid holidays.

Does unused vacation expire? - the answer is in the video

What threaten several years without holidays

The above-mentioned ILO convention does not allow the replacement of guaranteed paid rest with compensatory cash payments.

The subordinate has the right to demand from the employer to compensate for unused vacation for previous years with money only upon dismissal (how compensation for unused vacation is considered, read in the article). By law, until the employment relationship is terminated, this amount cannot be received.

Note: persons who continue to work, monetary compensation is due exclusively for non-vacation, added to 28 calendar days or another period of the main one.

If, upon dismissal, the employer decides to compensate the employee for unused vacation only for the last 21 months on the basis of the same international convention, the citizen will apply to the State Labor Inspectorate. As a result:

• the audit will reveal that the person has not been granted paid leave for several years in violation of the law, which will entail an administrative fine in the amount of up to 50 thousand rubles;
• GIT will oblige to pay compensation for non-vacation leave in full.

If you challenge the decision of the GIT in court, it is not a fact that he will take the side of the employer - often judges make decisions in favor of employees.

To avoid problems with the law and / or large payments to those leaving, it is recommended that employees be sent on legal vacation in a timely manner in accordance with the Labor Code and the vacation schedule.

Ask your question and get free legal advice

The Labor Code obliges the employer to provide its employees with an annual paid vacation of a total duration of 28 days. For special conditions labor activity, special territorial conditions or certain categories of individuals are also provided with additional paid or unpaid periods of rest. What happens when an employee does not have time to use their legal break days in a timely manner? Our article about unused vacation for the past year takes into account all changes in the Labor Code of the Russian Federation on vacation pay.

From the article you will learn:

1. Do the days of the main vacation disappear under the new law, which the individual does not use on time
2. Do non-vacated days of additional leave disappear?
3. Is there any news in the legislation regarding combustible vacation days
4. When they can burn unused days holidays
5. What actually happens to the unused rest period
6. Does the employer notify its staff of non-vacation days?

Does unused vacation from previous years expire?

According to Art. 115 of the Labor Code of the Russian Federation, employees are entitled to an annual rest, which lasts 28 days. In some cases, extended basic leave may be granted.

This period of break in work is provided for each year worked, while for the first time the employee has the right to go on vacation after six months from the date of employment, but if the employer does not mind, then you can leave to rest earlier.

If, for any reason, an employee does not go on vacation for a certain period of time, then rest days continue to accumulate and in no case burn out, but are transferred to later periods.

An employee can receive monetary compensation at any time only for a part of the annual break in work exceeding 28 days (employees who have the right to extended leave, or those who are entitled to additional leave, Art. 126 of the Labor Code of the Russian Federation), or for all non-vacation days days upon dismissal (Article 127 of the Labor Code of the Russian Federation).

Unused vacation debts burn out or not if the vacation is additional?

Some categories of workers, which are listed in Art. 116 of the Labor Code of the Russian Federation, in addition to the main rest, additional paid holidays are provided, the minimum duration of which is also established by the Labor Code.

According to the rules of Art. 126 of the Labor Code of the Russian Federation, additional periods of interruption in work can be replaced by monetary compensation. But there is a limitation. Pregnant women, underage workers and persons working under harmful conditions labor, cannot receive monetary compensation even for additional leave without dismissal. They have to take their holidays.

What happens to unused vacation for the past year under the new law?

There have been no changes regarding unused vacation for a very long time. Previously, it was possible to replace non-vacation days with monetary compensation, but for more than 10 years this can only be done with days of additional vacation. On the main vacation, compensation can be paid only upon dismissal.

According to Art. 124 of the Labor Code of the Russian Federation, failure to provide the main period of rest for two consecutive years is unacceptable. It is understood that at least partially the employee must use the rest time. But even if the days accumulate over a long period, the vacation still does not burn out, but is either transferred to the next year, or compensation for unused days can be paid upon dismissal.

When do unused vacation days expire?

As already mentioned, no matter how long periods of legal break in work accumulate, they cannot burn out. They are either postponed to a later date, or paid in the form of compensation upon dismissal or without dismissal, if we are talking about days of additional allowance.

If it doesn’t happen that unused vacations burn out, then where do they go?

The employer is obliged to warn the employee that, according to the approved schedule, he will have to go on vacation, at least 2 weeks before the start of such vacation. If the employer does not do this or if the employer does not transfer vacation pay on time, the employee has the right to ask for the rest time to be postponed to another period. This is stated in Art. 124 of the Labor Code of the Russian Federation. At the same time, if, due to production necessity, it is not possible to let the employee go on vacation in the current year, then you can postpone the vacation to a later time. But it is impossible that the actual vacation begins later than 12 months after the working year for which the vacation is provided.

It should be borne in mind that a working year is not considered a calendar year, but a year that begins on the date of employment and lasts 12 months, and, accordingly, a year that begins 12 months after the date of employment and also lasts 12 months, etc. d.

For example, for an employee who was hired on 06/08/2015, the working years are as follows:

If vacation days still remain unused, then there are several options for solving the problem:

• transfer of vacation to a later date;
• payment of compensation for unused days, if we are talking about additional holidays or days of extended basic leave in excess of 28 days;
• payment of compensation for unused vacation upon dismissal.

In any case, vacation days do not disappear anywhere.

Should an employer notify an employee if there are unused vacation days?

Before creating a vacation schedule for the next year, the responsible person must notify the staff of how long they are entitled to rest. And in addition to rest for work in the upcoming calendar year, the schedule also includes those days that were not used before for work in previous periods.

The Labor Code of the Russian Federation contains a provision on basic paid leave.

Every worker has the right not to attend work for a certain number of days during the year. But for a number of reasons, it is not always possible for an employee to do this. An employee who has been preserved for 12 months can take a walk next year. The reasons for this vary. Sometimes employees themselves ignore their right to rest at home. But you can receive monetary compensation only in cases established by law.

The right to rest granted every year is enshrined in the article. The duration of this period is 28 days. There are categories of citizens for whom additional rest is required. For certain specialties, professions, this is also possible. The employee has the right to divide the rest time into parts. In this case, the condition must be met that one half must be at least 14 days.

The remaining time can be divided as you like, choosing during the year the time spent at home at least 2 days. If, nevertheless, a few days were saved, and they were not used, will they be lost? Or will you be able to use the unfinished vacation later? Are there cases when unused vacation burns out?

What is meant by unused vacation?

The so-called non-holiday vacation is, due to employees within 12 months, which could not be used for some reason. Since some employees have the right to be absent from the workplace not for 28 days, but longer, since they have additional or extended rest, it is not at all a fact that during the year they will choose all the time allotted to them. It must be remembered that all accumulated days can only be used within the next 12 months, and only. After another 365 days, this right will no longer be exercised. Employers cannot keep a person in the workplace without rest for more than two years. But where will the unused vacation days go, moreover, if there are quite a lot of them? They remain and do not go anywhere, but it will no longer be possible to use them the way you want.

In general, unused vacation can be successfully used over the next 12 months. And then you will have to forget about it until the day of dismissal. After this day comes, the person will receive compensation for all the accumulated early days. What are the reasons that non-holiday vacations may appear? Certainly, only good reasons force the worker to remain at the workplace without rest. Transfer to another year is possible:

• thanks to ;
• thanks to the initiative of the worker.

The reasons for the employee's refusal to take a vacation are recorded in personnel papers, because if there are no serious reasons to stay at work, then there is no reason to miss the next vacation. If the employee himself asks the employer to postpone the due days of inactivity to the next year, then the reasons may be as follows:

• family circumstances;
• deterioration in the employee's health.

If you didn't take a walk due days for the past time, then perhaps this is due to the initiative of the employer, caused by such reasons:

• the impossibility of shifting the work of this employee to someone else;
• reorganization of the employer;
• checks in the organization;
• performance of managerial duties.

The reasons given above are enshrined in.

Are past vacations cancelled?

In some cases, it is in the hands of the employer that a valuable employee does not rest at all.

But for two years in a row it is impossible. If people work in hazardous industries or they are not yet 18 years old, then they are in without fail should be able to be at home for a certain amount of time every 12 months. These provisions are enshrined in Art. 124 of the Labor Code of the Russian Federation.

To understand whether unused vacation burns out, you need to take a closer look at Articles 124, 122, and 114 of the Labor Code of the Russian Federation. It says that if a worker has unused vacation for previous periods, then the right to put him into business is preserved, cannot be considered missing .

Law No. 139-FZ of July 1, 2010 ratified ILO Convention No. 132. Art. 9 of the Convention states that part of the annual rest, at least 2 weeks, must be taken off during the working year, the remaining time is spent on walking for 18 months. There were experts who, based on this, came to the conclusion that after 18 months the remaining days disappear. Other experts believe that the unused vacation, which was mentioned in Art. 9 Clearly spelled out in Art. 3 of the Convention that a person is entitled to the minimum prescribed rest every year. Therefore, due to the existing Convention in force, there is no need to worry that non-vacation leave is burned out.

Rostrud specialists were asked if unused vacation could burn out and they answered no. They were also interested in whether there is a way out of the situation if the employer constantly refuses annual rest, referring to the fact that there is no one to work and whether the vacation for the past years burns out. The employee has the right to consume all the accumulated days of rest from the employer for all periods of service with him. Employees took their days off for previous periods within the schedule for the next 12 months, or a special agreement was drawn up with the employer, which indicated exactly how the missing days could be used.

Replacing vacation with cash compensation

Article 126 of the Labor Code of the Russian Federation clearly spells out cases when an employee can instead of a well-deserved time at home. A certain number of unused vacation days are replaced with money. At the written request of the worker, compensation may be paid for part of the rest exceeding 28 days. Both in 2016 and in 2017, the days accumulated earlier remain at the disposal of the worker, they are not taken away. Unused vacations will be especially useful to a person when calculating when leaving work. The longer the employee worked without rest, the more money he will receive upon dismissal. Do not worry about whether dozens or hundreds of accumulated days of rest burn out. Everything will be compensated to the person in the calculation. Another question is how the debt is paid. Must be taken into account for the last 12 months of work before dismissal.

The employee is going on vacation for 2016 and insists on charging compensation for unused vacations for early periods (there are unused vacations for the period 2014-2015). The number of vacation days is 28 calendar days. Extra days there is no vacation. Experts of the Legal Consulting Service GARANT found out whether the employee’s demand is legitimate

According to Labor Code employees are provided annual leave while maintaining the place of work (position) and average earnings ( Art. 114 TC RF).

By general rule the duration of the annual basic paid leave of employees is 28 calendar days. Certain categories of employees are granted extended basic leave lasting more than 28 days in accordance with TC Russian Federation and other federal laws ( Art. 115 TC RF).

In addition to the annual basic paid leave, some categories of employees are provided with annual additional paid holidays (the conditions for granting such holidays are specified in articles 116-119 TC RF). According to Art. 120 The Labor Code of the Russian Federation, when calculating the total duration of the annual paid vacation, additional paid vacations are added to the annual main paid vacation. Thus, annual paid vacation includes both the main vacation, including extended ( Art. 115 Labor Code of the Russian Federation), and additional holidays (articles 116-119 Labor Code of the Russian Federation), when such holidays are granted to the employee. The term "annual paid leave" is a general term.

When can I replace unused vacation with compensation

According to the first part Art. 126 The Labor Code of the Russian Federation in cases not related to the dismissal of an employee, upon his written application, a part of the annual paid leave exceeding 28 calendar days can be replaced monetary compensation. 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 (Part Two) may be replaced by monetary compensation Art. 126 TC RF). Note that the use of Art. 126 The Labor Code of the Russian Federation of the words "may be replaced" means that the payment monetary compensation while continuing labor relations is a right, not an obligation, of the employer (see letters Rostrud dated 03/01/2007 No. 473-6-0 and dated 06/08/2007 No. 1921-6). Therefore, the employer may refuse to satisfy the employee's request for compensation and insist on the actual use of the entire vacation.

28 calendar days - the minimum number of days off from work that the employer is obliged to provide the employee for rest during each year of work. Accordingly, an employee whose each annual vacation individually exceeds 28 calendar days can claim compensation for a part of the vacation (the employee has the right to an extended basic vacation and (or) annual additional paid vacations). Provisions for substitution of monetary compensation annual basic paid leave and annual additional paid leave do not apply to pregnant women and employees under the age of 18. It is also not allowed to replace the annual additional paid leave with monetary compensation for employees employed in work with harmful or dangerous working conditions for work in appropriate conditions (with the exception of payment of monetary compensation for unused leave upon dismissal, as well as cases established by TC RF) (part three Art. 126 TC RF).

Those employees who are entitled to only 28 days of vacation annually, no matter how many days of vacation they have accumulated, can receive monetary compensation only upon dismissal ( Art. 127 TC RF).

Thus, labor law allows the replacement of monetary compensation only for part of the annual paid leave exceeding 28 calendar days. Cash compensation for all unused vacations is paid only upon dismissal.

The company has the right to refuse to compensate the employee for unused vacation

In the situation under consideration, the employee did not use annual paid leave for the period 2014-2015. At the same time, the number of days of each annual paid vacation is 28 calendar days (the employee is not granted additional vacations).

Under such circumstances, the employee's claims for the accrual of monetary compensation for unused vacations are unlawful. Accordingly, the employer must refuse to pay the employee monetary compensation for unused vacations for the periods of 2014-2015.

In conclusion, we recall that paid leave must be provided to the employee annually ( Art. 122 TC RF, Art. 3 ILO Convention No. 132 “On paid holidays” (ratified by the Russian Federation federal law dated July 1, 2010 No. 139-FZ. The convention entered into force in the territory Russian Federation September 6, 2011)). In exceptional cases, with the consent of the employee, it is allowed transfer of vacation for the next working year, if the vacation was not used in the current year (part three Art. 124 TC RF). Failure to grant annual paid leave for two consecutive years is prohibited (Part Four Art. 124 TC RF). According to the provisions Art. 114, Art. 122, Art. 124 The Labor Code of the Russian Federation, if for some reason employees have unused annual leave for previous working periods, they retain the right to use all due annual paid holidays.