Correctly write an application for vacation compensation. Application for payment of compensation for unused vacation. When such a replacement is not possible

In what case can you replace vacation with money when applying for vacation compensation?

All citizens working under employment contracts are entitled to paid leave annually. The employer pays for it using his own funds and provides it to all employees, including:

• “distance workers” and “homeworkers”;
• part-time workers, both internal and external;
• who have concluded a fixed-term employment contract, regardless of the period for which it is concluded.

But for seasonal workers and in situations where the employment contract is concluded for a period of up to two months, special rules for granting leave apply.

The employer is obliged not only to pay the employee 28 calendar days of vacation annually, but also to ensure that the employee has the opportunity to rest every working year (Part 1 of Article 122 of the Labor Code of the Russian Federation).

The working year begins not on January 1, but on the day the employee began work. employment contract at this enterprise. Vacation can be transferred to another working year only if there is a production need for it.

Due to operational necessity, the employee was unable to take his next paid leave on time, having taken it in the next period two working years in advance. In such a situation, even if there is an application for vacation compensation, the employer cannot replace vacation, including part of it, with money. Since for each working year the number of vacation days does not exceed 28 calendar days.

The 28 calendar days of vacation established by law cannot be replaced by monetary compensation. Therefore, an employee whose total vacation duration is 28 calendar days and who takes an annual vacation will not be able to receive money instead of vacation, even if he writes an application for compensation for unused vacation.

But if the duration of an employee’s main vacation exceeds 28 days or he is still entitled to additional paid vacation, he can, by writing an application for compensation for unused vacation, receive a replacement in money. But, again, only for that part of the rest days that exceed 28 calendar days.

Table. The maximum number of vacation days that can be replaced by cash compensation

Extended leave, the duration of which exceeds 28 calendar days, is due, for example:

• for minor workers (31 calendar days);
• disabled people (30 calendar days);
• teachers (42 or 56 calendar days).

Employees' right to additional leave the employer can establish by local regulations. Based on current laws, additional leave is granted to employees:

• whose working conditions, based on a special assessment, are recognized as harmful and dangerous (at least 7 calendar days);
• by which the order established an irregular working day (at least 3 calendar days);
• citizens working in the Far North and equivalent territories (from 8 to 24 calendar days).

An employee who has an irregular working day is entitled to:

the main vacation duration is 28 calendar days;

additional leave, the duration of which is 5 calendar days, established by the local Leave Regulations.

Total paid duration vacation period employee is:

28 + 5 = 33 calendar days

The employee can ask the employer in writing to pay him from 5 to 1 calendar day if they are not used.

An employee’s application to replace vacation with monetary compensation with expert comments

Attention! An employer who illegally substitutes monetary compensation for an employee’s vacation may be punished administrative procedure under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Payment of salary instead of days of paid rest upon an application for payment of compensation for unused vacation to an employee is made on the basis of an order.

Order to replace part of the employee's vacation with monetary compensation

How to fill out an application to replace vacation with cash compensation, sample

An employee who does not want to take more than four calendar weeks off may apply for unused vacation with a request for compensation. Unified form This document is not available, but the employer has the right to approve a standard sample in the enterprise’s personnel accounting policy.

But even when there is no sample application for vacation compensation, there are no particular difficulties in drawing it up. The main thing is that all the necessary details are indicated:

• position, surname and initials of the head of the enterprise,
• position, surname and initials of the employee,
• name of the document;
• date of application;
• employee signature with transcript.

Since the application for vacation compensation is classified as domestic, it is not necessary to indicate the name and background information about the company, as well as the address of the recipient.

In the text part, the employee can write: “ I request compensation for unused vacation.", indicating how many days in excess of the required 28 calendar days he wants to receive a monetary refund.

Sample application for vacation compensation with monetary compensation

Attention! An application for unused vacation sample does not need to be filled out when an employee resigns. In this case, upon final settlement, compensation for unused days of paid leave will be automatically accrued to him.

About what two methods can be used to replace a working employee with monetary compensation for any number of days of unused vacation, the HR System expert will advise you.

Which employees cannot replace paid vacation days with monetary compensation?

Having received an application from an employee for compensation for unused vacation, the personnel officer needs to make sure that the employee does not belong to any of the categories for which the law prohibits replacing days of rest with monetary compensation. This prohibition applies during the period when employees are working and are no longer on vacation. The restrictions, regardless of which part of the vacation - main or additional, they want to reimburse, relate to:

• pregnant workers;
• minors.

Employees whose jobs, based on the results of a special assessment, are classified as harmful and dangerous (starting from subclass 3.2 and above) cannot receive compensation for additional leave of a minimum duration of 7 calendar days. But if local act employer, the duration of additional leave for “harmful workers” exceeds this amount, they can write an application for leave compensation and receive compensation for all days of excess.

Attention! Establish the procedure, amounts and conditions for replacing days of additional leave for “harmful workers” with money by a collective agreement.

Please note that a ban on compensation for additional vacation days in cash may also be established by industry or departmental regulations.

When signing an employee’s application for compensation for unused vacation, make sure that all conditions are met so that such compensation does not contradict the requirements of the law and departmental regulations.

Many citizens working in an organization under an employment contract prefer to replace part of the allotted vacation with monetary compensation. Especially when the rest period is quite long. To do this, the subordinate must draw up an application for vacation compensation and submit it to the manager or the human resources department. Then wait for the employer's decision. Replacing part of the main leave with monetary compensation can only be carried out with the consent of the manager.

Highlights

The Labor Code provides for the possibility of replacing part of the main leave with monetary remuneration. This is only possible in cases where the rest period is long enough. This desire of the employee must be supported in writing. In other words, the subordinate needs to draw up an application for vacation compensation. After which you need to transfer it to the HR department and wait for the decision of the head of the enterprise. Replacement in cash- this is the latter’s right, not an obligation.

During the period of official activity

Article 126 of the Labor Code states that an employee can exercise his right and ask the manager to replace the additional rest period with a monetary reward. This is only possible if the main vacation exceeds the required 28 days. In addition, the employee must draw up an application for vacation compensation, give it to his boss and wait for his decision. It should also be noted here that it can be both positive and negative.

If an employee did not go on vacation last year, transferred it to a new working period and at the same time decided to take monetary compensation for part of it, then the total amount must exceed 28 days for each individual day. This rule is enshrined in the Labor Code of the Russian Federation. It should also be noted here that the application for vacation compensation can be written in your own hand or you can take a sample from the organization’s human resources department.

Not allowed

For some categories of subordinates, replacing part of the main leave with monetary compensation is prohibited by law. This rule applies to women expecting a child and subordinates who are under eighteen years of age. These persons must rest for the entire period of time stipulated by the contract. In addition, it is not allowed to pay monetary compensation for additional leave to those citizens whose activities are associated with harmful working conditions. The only exception here is the termination of the employment agreement.

Registration

Every citizen who decides to receive a monetary reward for part of the vacation period thinks about how to write an application for vacation compensation. At the same time, not everyone knows that there is no model for its preparation in the legislation. Therefore, such an application is completed by the subordinate independently in any form, although in some organizations you can get a ready-made form from the personnel department. It is compiled as follows:

Application for vacation compensation (sample):

To the director ____________ (company name)

_________________________________ (full name of the manager)

from an employee ___________________________________

job title_________________________________

Statement

I ask you, instead of part of the allotted vacation for the period from _____ to ____ of the year, which is more than 28 days, to pay me monetary compensation.

Date _______ Employee signature _______________ (transcript)

In addition, in this application you can indicate the exact number of days that the citizen wishes to replace with a monetary reward. This is necessary in cases where the additional leave is quite long. The employee also has the right to use the entire rest period allotted to him. An application for vacation compensation, a sample of which is not included in labor legislation, is not required to be written in this case.

Upon dismissal

When terminating a contract with an employee, the manager is obliged to pay him a monetary remuneration for the entire unused rest period. So says the article. 127 of the Labor Code. In addition, upon written application of a subordinate, he may be granted leave with further completion labor contract. Except in situations where a person is fired for misconduct.

An application for compensation for unused work need not be written to an employee, because the employer’s obligation to pay it is specified in Article 127 of the Labor Code. Written confirmation from the subordinate is not required here.

The employee may ask the employer in writing to provide him with unused vacation, and only after that terminate the official relationship with him. Although this is only permitted when a person wishes to end the service relationship on his own initiative.

Application for vacation compensation- this is a document that contains an employee’s request to replace unused vacation with money upon dismissal or if there is an unused part of the paid next vacation exceeding 28 calendar days.

Cash compensation is not provided to working persons under the age of 18 and pregnant women, only in case of dismissal.

How to write an application for compensation for unused vacation

An application for compensation for unused vacation has the structure of a regular one.

It is written in the name of the head of the organization. In the header of the application, the position, name of the organization and full name of the head are indicated in the dative case, and the position and full name of the compiler in the genitive case.

This is followed by a request to replace unused vacation with monetary compensation.

Ends with the number and signature of the originator.

Sample application for vacation compensation

General Director of Factor LLC
Kalinina V.I.
Purchasing Manager
Ivanova Angelina Vasilievna

Statement

I ask you to replace the part of my vacation for the period from 07/03/2012 to 07/02/2013, exceeding 28 calendar days of the main vacation and amounting to 9 calendar days, with monetary compensation.

An application for vacation compensation is written by the employee with his own hand on an A4 sheet of paper or typed on a computer.

5/5 (1)

How to write an application correctly

Relations between employer and employee are regulated by means of an agreement of internal organizational regulatory documents, as well as Labor Code Russian Federation. In accordance with them, the employee has the right to receive compensation for unused vacation. To do this, you should write an application.

Each employee who wishes to refuse to take annual paid leave can receive compensation for each day.

Attention! By law, an employee is given 28 calendar days of rest every year.

The application is written in free form on a simple white blank sheet. It is compiled by hand and also using a computer.

The generally accepted application form includes the following information:

• cap. The name of the enterprise, position, first name, patronymic, and last name of the immediate supervisor are reflected here. The employee's initials are written in the same part of the application. In addition, you should indicate the place of registration, residential address and, if possible, a contact telephone number;
• After the header, in the middle of the sheet, the name of the appeal is written. In our case it is “Statement”;
• the main part of the application must reflect the essence of the problem, that is, the requirement to provide compensation in lieu of unused vacation. The rest period is also reflected here;
• the document is certified with a date and signature. This is an integral part of any appeal.

If you have not used several vacations, you must reflect each period in a separate application. Their combination is allowed. However, this approach often leads to errors in calculations. The application must be written to the immediate supervisor. Be sure to reflect the exact number of days for which you wish to receive compensation.

If the employer agrees to compensate for the vacation, he signs. The boss's autograph on the application is direct evidence that the employee has the right to receive vacation compensation.

ATTENTION! View the completed sample application for vacation compensation:

For what part of the vacation can you receive compensation?

The main document regulating the relationship between employee and employer is the Labor Code of the Russian Federation. Here are the main provisions aimed at resolving conflict issues.

Based on the Labor Code of the Russian Federation, there are two types of annual leave:

• required;
• additional.

Mandatory leave is regulated in accordance with the current labor legislation. It is 28 calendar days. Sometimes its duration increases. For example, for minor workers it is 31 days.

Extended leave is provided to pregnant women, as well as employees performing work duties in dangerous, harmful conditions.

ATTENTION! Look at the completed sample application for compensation for part of the vacation:

• specialists who work irregular working hours in production;
• teachers, pedagogues, educational workers;
• medical workers;
• disabled people of groups 1, 2, 3;
• specialists employed in production located in the Far North and in areas equivalent to it;
• athletes and so on.

In accordance with the Labor Code of the Russian Federation, compensation cannot be received for all days of unused vacation. This is due to the fact that at the state level a period has been approved that cannot be replaced with cash (28 calendar days). This is a must time to rest.

This is what the article says. 126 Labor Code of the Russian Federation:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

Procedure for assigning compensation instead of vacation

If you would like to receive compensation instead of a vacation, you should write a statement and submit it to your immediate supervisor. He considers the appeal and makes a decision.

If the boss agrees, he puts his signature on the application. Then the employee has the right to rest for 28 days and receive cash for the rest of the period. After receiving full legal time off, the specialist begins to perform direct duties as usual.

If the manager refuses to compensate for the vacation, he rejects the application and does not sign his autograph. The employee has to use the rest to its full extent.

If an employee has written an application for compensation instead of a vacation, and then changes his mind, he has the right to refuse it at any time before the vacation begins.

Terms of payment of compensation

If the manager agrees to compensate part of the employee’s annual leave, he must sign the application. Then the paper is transferred to the office or accounting department. An order is issued.

It is on this basis that the employee has the opportunity to get a day instead of the required rest. Vacation funds will be provided to the employee along with the following payments, for example, wages.

If an employee quits and instead of a vacation wants to receive real money, it is provided to him along with the payment and documents.

For example, an employee wants to quit on September 1, 2018. He writes a statement on the specified date. At the same time, he draws up an application for leave, as well as compensation for additional rest. In two weeks, or rather on September 15, the former employee will receive documents, wages, as well as due compensation.

Watch the video. Compensation for unused vacation:

If a part-time employee

The process of granting leave to an employee performing work duties under the main contract is no different from the sequence of receiving leave under a part-time contract.

The employee receives vacation equal to 28 calendar days. If the manager complements it, then the employee has the opportunity to receive compensation.

Please note that when setting the start date for vacation, the boss must ask the employee about the period of time off at his main place of work. This is due to the fact that these dates must coincide.

Personal income tax on payment

Articles 127 and 140 of the Labor Code of the Russian Federation enable an employee to receive compensation for unused vacation upon dismissal.

Two scenarios are expected:

• The employee writes a letter of resignation and goes on vacation. In this case, he receives vacation pay. It is possible to receive compensation for additional rest, if available. The employee uses the main leave, and prefers to take compensation for additional leave;
• the employee writes a letter of resignation and leaves work after working fourteen days. At the same time, he does not take advantage of the opportunity to take advantage of the prescribed rest. In this case, he receives compensation for both basic time off and additional time off. The employee uses both primary and additional leave.

Article 217 of the Tax Code of the Russian Federation provides for the collection of personal income tax in the amount of 13% from any income of a citizen, including vacation pay, as well as vacation compensation.

Calculation of vacation compensation upon dismissal

If an employee quits, he has the right to receive compensation for unused vacation.

When calculating the amount, several indicators are taken into account:

• how many vacation days the employee did not use;
• what is the average wages employee per month;
• indexation coefficient.

If an employee worked less than half a month in the current period, he is not taken into account when calculating the final amount.

The indexation coefficient is applied only if the salary has changed within one year. It is found by dividing the new salary level by the old one.

The majority of the working population rests for 28 days annually, without splitting the vacation into parts and without the right to receive additional vacation. They remember about compensation when they are fired, when unexpectedly the amount in the cash register turns out to be more than expected.

Who can receive compensation and who cannot? How to get it? Do I need to write a statement or not? Is the employee leaving or will he continue to work? Vacation compensation is determined in different ways.

All employees are entitled to leave for 28 days. Every year and paid. It is guaranteed by Article 115 of the Labor Code of the Russian Federation (LC RF).

This type of leave is called basic leave. Is it possible to refuse the main vacation and continue to work, receiving compensation for it? It turns out you can't do that.

What is compensation for unused vacation?

Cash compensation is the amount that is paid to the employee in exchange for unused additional or extended leave.

But instead of the main vacation, you cannot receive money, even if there has been no vacation for a year or two.

According to Article 124 of the Labor Code of the Russian Federation, it is not allowed to work without vacation for more than two years. This is a guarantee of the implementation of constitutional law.

Who has the right to receive compensation by exchanging vacation days for money? Those who are entitled to either extended or additional leave.

The job description should be drawn up in accordance with the characteristics of the profession. Job description Installation and construction work masters can be viewed at.

Who can use extended leave?

• teachers;
• scientific workers with a degree;
• prosecutors, investigators, judges;
• civil servants and municipal employees;
• rescuers;
• doctors and HIV diagnosticians;
• disabled people;
• minors.

Why is additional leave given?

• working conditions that pose a threat to health and life are recognized by law as harmful or dangerous;
• work takes place in the Far North or in places that are similar in climate, inaccessibility and remoteness - the list is approved by the Government;
• the work is of a special nature;
• working hours are irregular.

But not everyone can compensate for additional vacation with money. The list is determined by Article 126 of the Labor Code of the Russian Federation.

Who will not be able to receive compensation?

• pregnant women;
• workers under 18 years of age;
• victims of the disaster on Chernobyl nuclear power plant and the Mayak chemical plant;
• workers in hazardous and hazardous industries.

Why are these categories not allowed to receive compensation?

The prohibition of replacing vacation with monetary compensation is a concern for strengthening the protection of the right to vacation. The state cares about the state of the country's labor resources.

Substitution can affect their quality, quantity and even structure.

Additional leave from the employer

There are employers who value their employees and have the opportunity to express this financially. Following the rule “you can’t do worse than the Labor Code of the Russian Federation, but you can do better,” they decide to assign additional leaves to different categories of workers.

“For loyalty,” for example, or “For loyalty to the team,” or for every 10 years of experience – there are many options. For example, you can add 3 paid days to each employee's annual leave.

This point may be reflected in the collective agreement. Can also be accepted locally normative act. If leave is determined by order, compensation for it is determined by the same standards.

What can be done to compensate for the additional leave with money?

An employee can compensate with money not all of the additional leave, but part of it. What if the vacation has accumulated over two years?

You need to deduct 28 days for each year, and for the remaining days you can apply for compensation.

An application for compensation is written. The type of application in different organizations may differ: in some places there are forms, in others it is free form.

The main thing is to indicate three things in the body of the application: reason, request and reason.

• basis – reference to Article 126 of the Labor Code of the Russian Federation;
• request – text in the format “I ask you to replace unused vacation days with monetary compensation”;
• the reason is the right to additional leave.

Indicate how many days of additional leave and for what period will be compensated. After the text of the application, put a signature with a transcript of the surname and indicate the date.

When the employer signs the application, an order will be prepared to pay compensation in lieu of leave.

Is it possible to assign additional responsibilities to an employee and in what cases? There are recommendations and information.

In the “Vacations” section of the personal card, an entry will be added about the replacement of additional vacation with monetary compensation. The information in the vacation schedule will also change.

Compensation upon dismissal - how much and how to receive payment?

The employee decided to quit and wrote a statement. The immediate superior signed it, and HR officers formalized the order.

What will the employee receive?

• wages for days of work from the previous calculation to the day of dismissal;
• compensation for all unused vacations, including additional ones;
• severance pay (if the organization reduces staff or is liquidated).

What to do with the remaining vacation days?

Article 127 of the Labor Code of the Russian Federation suggests using vacation days and then leaving. The day of dismissal will be the day on which the vacation ends.

This option is not suitable for those who are fired for guilty actions: absenteeism, theft, delinquency, failure to fulfill duties - the list is quite wide.

Fortunately, this does not apply to honest, disciplined and responsible people.

How much compensation will be paid?

Salaries for the last 12 months are calculated. Divide the amount by 12 to get the average payment for one month. Dividing by 29.4 will give the average earnings per day.

When can I receive payment?

The employer is required by law to pay the compensation, along with other payments, on the day the person receives it from the HR department. work book- on the day of dismissal.

The Labor Code of the Russian Federation protects the rights of the employee, allowing you to make a choice between monetary compensation and vacation.

Upon dismissal, compensation is calculated without an application.

If work continues, and the employee decides to partially or completely replace additional leave with money, the employer must be notified.

This is why an application for compensation for unused vacation is written.

To find out more information about calculating compensation for unused vacation, watch this video: