Unused vacation: does it burn how much you can save, how to use and get compensation?

This article will talk about the rules regarding unused vacation.

Content

Each employee needs rest, so everyone needs a vacation. During the vacation, a person not only rests, but is also distracted from the ordinary situation. Thanks to this, after vacation, performance increases, and the desire to work increases. Even more - this is also required by the labor law of not only our country. But sometimes a certain part or even complete vacation periods accumulate, which turn into unused vacation. And in this material we will analyze all its facets, finding out all the advantages and negative points for both sides.

Is it possible not to take a vacation at all: can they dismiss unused vacation?

For each person who has official employment in our country, a rest is provided for, which is determined by the norms Labor Code of the Russian Federation. Amendments to existing regulatory acts, establishing the norms of guaranteed the rights of workers, are entered only at the federal level. According to Art. 6 of the Labor Code of the Russian Federation neither regional authorities nor individual employers have such rights. And any violation of the legislation is qualified as administrative or even criminal violations.
The duration of the "working holidays" - 28 calendar days, With the exception of some "preferential" categories of citizens whose vacation may be longer. This aspect protects Article 115 TC. By the way, we offer to read our article about preferential categories "Who is the elongated vacation?"
At the same time, it is worth noting that each company has its own vacation schedule, which is grouped before December 17 of each year. The employee has the right to leave 6 months after employment. We also recommend that you familiarize yourself with the article “When is the first vacation after employment?”
We will answer immediately one question - Dropping for unused vacation or their accumulation, as well as in case of refusal, no employer has the right to! But he can without your permission and consent to issue a decree that it is time to draw up a destruction from a certain date. And this will be a completely legal action!

How many years can I have accumulated unused vacation, its unused part?

The vacation graphs drawn up in production do not always coincide with our plans, or because of some personal circumstances, we cannot use these holidays completely. Therefore, often, making a vacation, we go to work earlier, leaving Unused vacation or part of it “for later”.

And so we approached the main question - 2 years of savings in their vacation are considered a maximum! Otherwise, we have already mentioned above, the higher body has the right to send you to rest! Even through "I do not want"! But this side should be controlled by the employer, or rather, its guarantor from the personnel department.
- No, the employee also needs a vacation, because you won’t earn all the money. And rest is already the physiological need of the body. At the same time, there is no need to be physical labor before exhaustion - any repeated action tires morally! After vacation, you will get a larger charge of energy and enthusiasm. You, as a citizen, should adhere to laws, and as an employee, you should follow the charters and vacation graphs.
But the employer has more good bases for this, based on 1 part of Art. 5.27 Administrative Code of the Russian Federation.This may already be the imposition of penalties depending on the volume of production and financial flow, but the amount may be in the range from 50 thousand rubles. In extreme cases, the company can completely stop its functionality.
By the way, the unused part of the vacation also has the shelf life of his savings - 12 months! And, again, the employer is obliged to control that the employees use their parts from the vacation periods in time, and do not make pyramids out of them!

Is unused vacation lost: can past years or days be “burned out”?

It is very important to understand that there is no such thing as “combustion” of vacation. And it doesn’t matter - this is a schedule or unused vacation! All “accumulations” of unused vacation days remain with the employee and he can use them, as before, including “walking” at a time. Moreover, this also applies to subsequent years - the employee does not bear any responsibility for the actions of the employer.
If you are the head of the personnel department and tell your employees that they have lost their right to leave, you violate labor legislation!Indeed, in our country, the state protects workers and gives them the right to rest. Therefore, there are no circumstances under what vacation “burned”.

Important: the legislation notes that there are no obstacles to the fractional use of vacation. But one of its parts should not be less than 14 continuous days, And the other - used within 18 months after the end of the current year. But it is strictly not allowed to accumulate leave to minors and employees in harmful production!

The transfer or extension of vacation days can also be carried out in cases:

passage of inpatient treatment during the vacation period
forced access to work at the request of the employer
for reasons depending on the enterprise on which the employee works

For how many years you can take off unused vacation: is it possible to walk unused vacation with the main one?

In principle, it doesn’t matter who is to blame for the vacation for several years - an employee or employer. It is important that this is a violation that needs to be urgently corrected. And when such an employee appears to provide him with the laid out of the leaves of vacation at once for all years, the most interesting begins here. Almost always, employees hear personnel in the personnel department, which is impossible. This is not true, you can!

Many employers establish their own rules. But there is legislation, it is on it that you should rely on the occurrence of disputes, which does not prohibit the entire ongoing vacation immediately. And If the employee wants to walk all the laid and unused vacation immediately, then the employer is not right to prohibit. Regardless of how many days have accumulated - 5 or 105 - the employee has the right to them!
Most often, the leadership will not want to let go of its employees for long periods. That's why, The desire of the employee and the possibility of an enterprise should be agreed. But since the employee has accumulated a vacation, the earlier the personnel officer puts things in order with vacations, the better. This will avoid fines and problems in the future.

Important: on the basis of Art. 24 of the same Code of Labor in any amount, unused vacation can use And in a separate fuss, and in a place with the main vacation period. But if you constantly have such problems at your enterprise, then you need to talk about the incompetence of your personnel officers. After all, it is precisely employees of the personnel department that must be responsible for the timely leave of all employees. Their obligation to draw up the holiday graphs that should be adhere to.

Unused vacation and his monetary compensation without dismissal and upon dismissal

You can get compensation after you walk the main vacation, while remaining in your position. All that is beyond these mandatory days of vacation can be obtained in the form of monetary compensation. But only after the approval of the leadership!And in reality, very rarely, the employer agrees to such payments without dismissal of an employee. But the management should not be blamed, because such payments are not required.
- Employees often do not specifically go on vacation in a timely manner in order to receive his reimbursement with money. These manipulations are illegal and should not abuse your right to receive such payments. Even if you were lucky once, and you, continuing to work, received reimbursement with money, this does not mean that it will always be so. After all, the employer understands everything, and the next time most likely it will not go to meet you.

Important: the Labor Code explains the possibility of replacing part of the vacation with monetary compensation. It is partially provided only For certain categories of citizens working in the field of healthcare, education, in the Far North and is carried out at the discretion of the head. Only the employer, given all the circumstances, may decide to replace unused vacation days with monetary compensation. However, even he has no right to make such a decision regarding minors, disabled people or citizens who work in harmful production - Their leadership is obliged to provide a full rest.

A more stable scheme when Upon dismissal, the employee receives compensation for unused vacation or some days. At the same time, you should know that their number does not matter - compensation must be paid in any case and size! The only thing is possible to reduce the vacation period, the employee will be sent the employee the day before to rest in a voluntary and compulsory manner. But this is also quite acceptable!
Speaking for the deadlines, then Cash receipts take place on the day of dismissal, which often acts as the last working days. But the maximum permissible number of waiting is 1 day. For accounting, all days worked for a year or a certain period of half a year are taken.

We also offer you to read our article "How compensation for unused vacation upon dismissal is a sample of the application is accrued and calculated."

Sending subordinates on vacation, the leadership protects itself from administrative fines. HR specialists must play an important role in promoting the use by employees of their paid vacation period in order to exclude unused vacation or minimize it. The real trick is to find a way to adapt a vacation to a dense schedule of work.