When last year's vacation burns out. Do "old" vacations burn out and is compensation due? Why unused vacation "burns out"

If for some reason it is not possible to take a vacation, it should be postponed to another period. But it must be used no later than 12 months after the end of the period for which it is issued. Moreover, in mandatory there must be weighty reasons for such a transfer, which are enshrined in the TC. All reasons for the postponement of vacation can be divided into those initiated by the employee and those that arise at the initiative of the employer. For convenience, they are shown in the table below. Employee-initiated reasons Employer-initiated reasons Personal justifiable circumstances. The management decides how respectful they are.

When does the main labor leave expire?

However, for several categories of citizens, such a right is not provided, they must rest in full. These include:

• employees who are under eighteen years of age;
• pregnant women;
• employees engaged in hazardous work.

Question number 2. The employee was accepted on a probationary period of three months.
However, after two years, he quit. Is he entitled to compensation for unused vacation? The law does not establish any specifics of granting vacations to employees who are on probation. Therefore, in the event of the dismissal of such an employee (regardless of the on their own or in connection with non-compliance with the requirements of the company) he is supposed to pay appropriate compensation. Thus, the procedure for granting unused vacation days is clearly regulated in Russian law.

Rules for registration of unused vacations

It is unlikely that anyone will conflict with the leadership. In this case, you can lose your job. In such circumstances, solutions are found that would satisfy each of the parties. The law stipulates that if the employee does not rest, he is entitled to monetary compensation.
You can demand it in some cases. There are certain conditions that speak of protecting the rights of workers. Laws are adopted taking into account that the leaders of large and small enterprises could not mislead people and simply exploit them. There are bodies whose responsibility is to monitor the process of compliance with the rule of law in organizations.

The employer must monitor the health and rest of employees. If employees do not rest, for any reason, and there is a debt for vacations, they are compensated.

Unsatisfied vacation - the intricacies of the legislation on this matter

Attention

The employer “kicks out” on vacation The simplest and most acceptable option for all parties is if the employee still takes his vacation, at one time or in parts (Article 125 of the Labor Code of the Russian Federation). Accordingly, he will be able to rest and receive vacation pay for this period. A worse situation is when the employee is asked to write several applications for short vacations that fall only on weekends - traditionally Saturday and Sunday.

When an employer recommends this option, he usually reminds that the employee will receive more money... After all, for each such day off, the employee will be paid vacation pay. At the same time, in such a situation, the employee's vacation days really burn out.

Because on weekends he would not work anyway, but he could take a vacation later, and at the same time get not only the same vacation pay, but also fully relax.

Unused vacation

The Labor Code stipulates that an employer has no right to refuse an employee to grant leave. Such a violation may result in a fine of 50 thousand rubles. Previously, the employee had the right not to go on vacation, but to receive compensation in cash. Since 2011, Russia has joined the International Convention, which regulates the issues of granting leave. Now it is impossible to receive compensation instead of the main days. In addition, vacation cannot be postponed for more than two years.

It is unprofitable for the company's management that employees accumulate unused days vacation.

Does unused vacation from previous years burn up?

Important

Records are made about the work performed (employment), transfer to another job, about dismissal, indicating the grounds for terminating the employment contract with reference to the article of the Labor Code of the Russian Federation. Success and awards are entered in the work book, but there is no data on violations and penalties, except for the case of dismissal under the article. If the employee has a desire, then the records are made about the part-time work.

Can unused vacations burn out in 2018

Naturally, for those employees who, for some reason, rarely go on vacation, the total number of unused vacation days may turn out to be quite large. This state of affairs is often not to the liking of employers. And there are 2 reasons for this at once. Firstly, if a labor inspectorate comes to the organization, the inspectors will definitely have questions about why workers cannot fully exercise their right to rest.

And secondly, the more vacations an employee has accumulated, the larger the amount of compensation he will have to pay upon dismissal (Article 127 of the Labor Code of the Russian Federation). In this regard, employers often offer their employees different ways"Getting rid" of unused vacations in previous years. Let's see what options are possible and what are their pros and cons.

Combustion of unchecked vacation

Do not interfere with the rest of the staff, plan the annual rest of the employees, drawing up a schedule for the next year. An employer whose employees do not rest for more than two years in a row can be fined, the amount of the fine can reach 50 thousand rubles. At the same time, the employee does not bear any losses, no punishment is provided for him, his unaccompanied vacation does not expire, and the right to compensation remains for all days.

How to calculate the number of vacation days due can be found in this article, where examples explain the procedure for determining the working year and the corresponding number of vacation days. Does the unused vacation under the International Convention burn out? Since the end of 2011, the Russian Federation has been taking into account the provisions of the ILO convention, which, in terms of paid vacation, states that an employee retains the right to compensation for unused vacation days for 21 months.

Info

This question arises often - if you have not taken a vacation for last year, does the vacation burn? For example, last year there were unchecked days, they automatically go to the next year. Perhaps add 13 days to your next vacation. In case of dismissal, in accordance with Article 127 of the Labor Code, the employee has the right to:

• Receiving monetary compensation for unused vacation.
• Submitting an application for the provision of rest with further dismissal (of my own free will, if for other reasons it is not paid, and vacation days are burning).

Unused vacation arrears burn out in 2018 Do vacations from previous years burn out? The answer to the question of interest is unequivocal - no, as the unused rest period in 2016 and in 2018 does not burn out.

If the employee has not taken the prescribed vacation during the year

If the employee does not bring a work book (for example, if this work for the employee first), then the employer must draw up the work book. All responsibility of registration of a new work book lies with the employer. The personnel department, personnel department, accounting department or the director do not have the right to demand from the employee a new empty work book if it is not there.

This is due to the fact that the work book is a document of strict accountability, which means natural person it may simply not be sold. For more information on how to get a labor, read a separate article. You do not have to bring a work book and do not issue it in case of part-time work. Who should buy a work book Everything happens for the first time. Someone gets a job for the first time and then the future employee does not yet have a work book.

12/02/2018, Sashka Bug

Whether the vacation will burn out is a question that worries millions of Russians. What if a person has accumulated unused vacation over the past year? The new law of 2019, which was actively discussed in winter and spring, what does it say on this topic? Let's see if labor leaves in 2019 are preserved if the employee did not take them off in the previous period, or if they burn out.

Annual labor leave guaranteed to all working citizens. For this time, the employee retains the position, place of work and (,). Paid rest must be provided to the employee in each year worked, and for at least 28 calendar days.

Does vacation over past years burn out in 2019

Quite often there are situations in which a working citizen did not take off the prescribed days of "rest" in the next working period. For example, due to production needs. However, Part 4 prohibits Russian employers from not providing their employees with work rest for two years. But this does not mean that the unaccompanied vacation will burn out, the 2019 Labor Code recognizes the statement as incorrect.

At the same time, in Art. 9 of the ILO Convention No. 132 (in force in Russia since 2011) provides for the rules: a vacation period (at least two continuous weeks) must be granted and used within one calendar year. And the rest of the annual rest - no later than 18 months from the end of the working period for which the pause was granted.

It is precisely these provisions of the Convention that have been regarded by some experts as a positive answer to the question: do unused vacations burn out in 2019. The Labor Code does not contain such norms. And if you read somewhere that unused vacation will burn out in 2019, then this is not true! Consequently, the question that worries all citizens: do vacations over the past years burn out in 2019, can be answered unequivocally - no, it does not burn out.

In general, the burning of vacations in 2019 is a topic that was initially launched on some not the most professional sites on the Internet. Of course, this topic is a sore point for many (after all, not all of our fellow citizens fully rest every year, and many days accumulate and accumulate. years ... That is, theoretically, it is possible to take a vacation for 2018 in 2019, but who will give so much, as they say. And we are scared: suddenly, or at all, now we will not be able to take these days, or even unreleased vacations will burn out from 2019 without compensation.

Let's now look at monetary issues and compensation.

How to get paid for unused vacation

The Labor Code regulated the rights of citizens. We will determine when an employee can receive money for unused vacations from 2019, whether these days burn out.

If labor contract is terminated with a citizen, then he is entitled to a compensation payment for all unused days of rest. That is, if the employee had unused days for several previous periods, then this vacation does not expire and the employer is obliged to pay the employee in full ().

If an employee continues to work, it is not easy to get paid for unused annual leave. Firstly, compensation is due only for days of additional rest (over 28 days). Secondly, some categories of citizens do not have the right to replace rest with money (pregnant women, minors and workers in harmful conditions). Thirdly, the decision to replace unused days with money is made exclusively by the manager.

It is impossible to get money for the unaccompanied vacations of the past periods. For clarity, consider an example:

Ivanov I.I. in 2017, he walked 10 out of 28 calendar days. In 2018, the employee did not rest due to production needs. Can Ivanov receive compensation for the remaining 18 days in 2019? 2017 and 2018 full annual leave (28 days), because the number of rest days in 2019 will be 54 calendar days, which is 46 days more minimum size recreation.

No, he can not. Since 18 days of 2017 and 28 days of 2018 are not additional vacation days in 2019, the employee can either take a time off, or receive compensation payment leaving the organization.

What happens if you haven't taken a vacation, and now your bosses won't let you go for several years, then unreleased vacations will burn out from 2019 without any compensation? No, of course it is not. All the money for these days a person is obligatory. And here it doesn't matter how many years you have accumulated days - at least 10 years. Upon dismissal, everything must be paid. And nothing will burn.

Question about unused vacations occurs sooner or later for everyone who works long enough for one employer. Some people have a question about unused leave due to dismissal. The issue became especially acute in 2010, when Russia ratified the convention of the International Labor Organization (ILO). In this article, we will discuss the following issues:

Answers to frequently asked questions

Let's start with the most frequently asked questions.

Does unused vacation burn up?

No, unused vacation can be used during the next working year. If during this period the vacation was not used, then you can get money for the vacation, but only by quitting.

Is it possible to take unused vacation for several years?

No, unused leave can only be taken for the previous working year. It is not possible to summarize unused vacation over several years.

Is it possible to replace unused vacation with money?

It is possible to replace the vacation with money only in the part exceeding 28 calendar days, that is, for most of those who have the right to a vacation in 28 calendar days, it will not work to replace the vacation.

Is unused leave paid upon dismissal?

Yes, upon dismissal, compensation for all unused vacation days is paid along with the rest of the money on the day of dismissal.

Unused vacation for more than three years expires?

No, unused vacation never burns out. Another thing is that an employee can receive compensation for unused vacation only upon dismissal.

Unused vacation burns out or not 2015?

In 2015, unused vacation does not expire, but is transferred to the next working year or compensation is paid upon dismissal

Unused vacation article

The main article that describes the employee's right to unused leave upon dismissal is Article 127 of the Labor Code of the Russian Federation.

Unused vacation what is it

All employees are entitled to leave according to the Labor Code. The base vacation period is 28 calendar days, and some categories of employees are granted extended or additional vacations. One way or another, some employees accumulate vacations. A situation arises when an employee has a lot of vacations, but there is nowhere to put them. Thus, unused vacations- these are such vacations that the employee did not use in due time, that is, he was not on the prescribed vacation.

Vacation can be postponed, but only for a year. That is, the unused vacation can only be used during the next working year, if more time has passed, then the vacation cannot be used.

Employers are prohibited from leaving workers on vacation for two consecutive years.

In practice, many workers do not want to go on vacation for a long enough time (for example, two to three or five years), or they take it for the whole vacation, but only part of it.

Where does the unused vacation go?

Nothing happens anywhere, with this vacation, but you can't use it either. This raises a reasonable question: Is it possible to replace vacation with money?

Replacement of unused vacation with monetary compensation

More recently, it was possible not to go on vacation, but to get money for it. Currently, only those with more than 28 days of vacation per year can receive compensation for vacation - for example, extended or additional vacations. If the employee is only entitled to leave of 28 calendar days, then it is impossible to replace part of this vacation or the entire vacation with money!

A reasonable question arises: the employee has not been on vacation for several years, does his unused vacation expire?

Unused vacation burns out

It turns out that for most workers, whose vacation is 28 calendar days per year, cannot be replaced with money, but can only be used for its intended purpose in the current or next working year. Where do the leftovers go? unused vacations?

Nowhere, they just pile up and the only case when compensation is paid for all unused vacations is dismissal.

The answer to the question: unused vacation burns out?

No, unused vacation does not expire , but compensation for all unused vacations can only be obtained by resigning.

conclusions

Unused vacation is carried over to the next year only once, that is, the vacation can be used in the current or next working year.

There is no compensation for unused vacation for employees with vacation of 28 calendar days.

Unused leave does not expire, but is paid only on the day of dismissal.

Each person employed in any organization can require the management to formalize annual leave... Its duration is 28 days. But citizens do not always manage to take advantage of these days of rest.

Therefore, they have a question whether the unused vacation burns out, as well as what changes will be made to the TC in 2019.

Since the beginning of 2019, it is planned to make numerous changes to the labor legislation, so many citizens have a question whether unused vacations will burn out.

In the prepared draft law there is no information that if a citizen does not use the prescribed rest days during the calendar year, they will burn out.

The terms of use of the vacation remain practically unchanged, so the days are postponed to the subsequent period.

If at all a citizen works in difficult conditions, then he has the right to demand additional days of rest. In Art. 116 of the Labor Code states that it is not allowed to replace vacation with a cash payment, but the exception is the situation when from the company.

Labor Code of the Russian Federation Article 116. Annual additional paid leave

Annual additional paid vacations are granted to employees employed in work with harmful and (or) hazardous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for the provision of these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

The basic rules for the appointment of a vacation include:

• the rest period may be postponed to another period if there is a serious reason provided for in the Labor Code;
• rest days can even be postponed to the next calendar year, if a citizen's departure for rest can negatively affect the work of the enterprise;
• in no way in 2019 will the vacation days be burned out, both the usual annual and additional ones.

Employees must independently understand various innovations in the Labor Code in order, if necessary, to defend their rights.

This is due to the fact that many company leaders take advantage of the incompetence of hired specialists, and therefore deliberately violate the law, confident in their impunity.

Is it necessary to notify employees about the remaining vacation days

Almost every company has a vacation schedule at the beginning of the year. It indicates when exactly this or that employee of the enterprise will be able to rest. The development of the document is carried out by specialists from the personnel department.

It is they who, if necessary, must notify workers that they have unused rest days.

When drawing up a new schedule, it is taken into account how many days of rest remained from last year, after which they are included in this document.

Will unused vacations be burned

Many changes will be made to the TC in 2019, but all hired specialists should take into account exactly the following nuances:

• each person can take a vacation for a period of 28 days;
• if a certain number of days are not used, then these days are transferred to the next year in automatic mode;
• on the basis of Art. 124 TC, the transfer is allowed only for one year;
• employers are prohibited from postponing rest days for 2 consecutive years;
• carry-over is not allowed for underage workers or people who work in hazardous or harmful conditions.

Labor Code of the Russian Federation Article 124. Extension or postponement of annual paid leave

Annual paid leave must be extended or postponed to another period determined by the employer, taking into account the wishes of the employee, in the following cases:

temporary disability of an employee;

fulfillment by the employee during the annual paid leave of public duties, if for this labor legislation exemption from work is provided;

in other cases stipulated by labor legislation, local regulations.

If the employee was not paid in a timely manner for the period of the annual paid vacation or the employee was warned of the start time of this vacation later than two weeks before its start, the employer, upon the employee's written application, is obliged to postpone the annual paid vacation for another period agreed with the employee.

In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of the organization, individual entrepreneur, it is allowed, with the consent of the employee, to postpone the vacation to the next working year. In this case, the vacation must be used no later than 12 months after the end of the working year for which it is granted.

Failure to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) hazardous working conditions is prohibited.

If the employer violates the requirements of the Labor Code, then the employee can file a complaint with the labor inspectorate.

What is the correct way to recall an employee from vacation? Find out.

Based of this statement the head of the company is brought to responsibility, represented not only by large fines, but even by criminal liability.

The employee did not rest for two years in a row, which will

Under such conditions, the requirements of the Labor Code are violated to employers, therefore the organization is forced to pay a fine in the amount of 30 to 50 thousand rubles. Quite often, the punishment in the form of suspension of activities for up to 90 days is used.

Under such conditions, the employee is not held liable. Additionally, unused rest days do not burn out, even in 2019. A citizen can count on a vacation in full size.

The rest period does not burn out, even if the hired specialist has not rest for more than three years in a row. The management of the company must urgently send the citizen to rest, otherwise the company will be held accountable.

Violations can be identified during an inspection or, quite often, hired specialists independently direct them.

In Art. 124 TC lists situations when the head of the company can extend the vacation, and he can also postpone it. In this case, the wishes of the direct hired specialist are taken into account.

The procedure is performed in the following situations:

• leaving a citizen for sick leave, since the period of temporary disability is not included in the vacation period;
• during rest, the specialist is forced to fulfill various state duties, but according to the Labor Code it is important that such actions provide for exemption from work;
• in other cases, which may be provided not only by the Labor Code, but also by various internal acts issued by regional authorities or the direct organization in which the citizen works.

Even with the introduction of numerous changes to the TC in 2019, you do not have to worry about the fact that previously unused rest days may burn out.

They are not replaced in cash, therefore, the employer must independently ensure that the hired specialists go on vacation in a timely manner.

Important! The legislation clearly states that it is not allowed that an employee does not rest for two years in a row, since the identification of such a situation leads to bringing the head of the company to administrative responsibility.

Nuances of dismissal

It is not uncommon for a citizen to decide to stop labor Relations with a specific employer, but he has unused days off.

He can choose two options for solving the problem:

• a hired specialist draws up an application, on the basis of which he is sent to, so he does not have to work in the company for the prescribed two weeks, and also immediately before going on vacation he receives vacation payments and other payments provided for in the Labor Code;
• the citizen receives cash, and when calculating this payment, the average salary of a citizen in the company for the last two years of work is taken into account.

Most often, citizens prefer to use the remaining days of rest for dismissal without work. This is especially true if not very good relations are established between the hired specialists and the employer.

Is it possible to replace with a cash payment

Replacing leave with monetary compensation is allowed only upon dismissal of a hired specialist. Otherwise, it is not allowed to use payments, even if the citizen has not rest for more than two years in a row.

In this case, he is required to provide a leave of one year, the duration of which will be 84 days. The amount of vacation pay is determined based on the average salary. It is calculated for two years of work of a specialist in the company.

This takes into account not only the salary, but also other transfers of funds. Some people may even count on additional leave.

He is appointed when working in hazardous or harmful conditions, as well as when using irregular schedules or when working in the Far North.

The Labor Code stipulates the right of working citizens to an annual paid vacation. It is regulated by the main law of the country - the Constitution. But it is not always possible to enjoy holidays consistently every year. This can be due to a situation at work or personal circumstances. What can happen to unspent vacations?

In December 2017, it is not clear among working citizens why the information spread that unused vacations in 2018 are being burned out. In the Labor Code of the Russian Federation, in fact, it is planned to make changes regarding the provision of compulsory paid rest days, but they will not affect all employed citizens. Most workers have nothing to fear as the changes will not affect unused vacations. For this year everything will remain as it was before.

Articles 106, 107 and 114 of the Labor Code of the Russian Federation indicate that each employee is provided with rest days annually. At the same time, it retains wage, workplace and the position held. The right to paid leave can be exercised after six months of work at this enterprise, but by agreement with the manager, it can be used earlier. Typically, annual leave lasts 28 calendar days, but additional paid vacation days are provided for people with special working conditions or seniority benefits. There is also a practice of providing after-hours rest days at their own expense, but only with the permission of the employer.

By general rules if the employee did not take leave for the previous period, he goes on to the next one. According to part 4 of article 124 of the Labor Code, the employer has no right not to let his employees go on vacation for two consecutive years. In addition, it is prohibited not to provide legal rest days for underage employees and persons working in hazardous or harmful conditions.

In practice, serious employers really try not to keep employees at work, but to provide annual leave according to the schedule. They do not want to bear administrative responsibility in the form of fines in the amount of 30,000-50,000 rubles, provided for by Article 5.27 of the Code of Administrative Offenses of the Russian Federation, or suspension of the company's activities for up to 90 days. However, situations are different, and sometimes workers themselves do not want to walk for the prescribed 28 days, in the hope of getting monetary coverage. But compensation for unused vacations is provided only upon dismissal.

However, there are exceptions, and get monetary compensation instead of unseasoned days of rest, it is still possible. But this only applies to additional vacation days. This provision is enshrined in article 127 of the Labor Code of the Russian Federation. In order to convert unused days of rest into material good, an employee who has the right to do so must write a statement. Compensation for unused leave upon dismissal is calculated automatically based on average earnings.

Thus, it is impossible to receive money for unused rest days and continue to work further. But you should not be upset about whether unused vacation will be lost, because, according to the current legislation, this cannot happen. Unspent days must be included in the next year's vacation schedule, which is usually approved no later than December 15th.

Where do the rumors come from?

There has been talk for a long time that the unaccompanied vacations will burn out, or that you can get monetary compensation for them. Many workers, who do not consider it necessary to familiarize themselves with labor laws, are stirring up these rumors.

But the problem with unspent days of rest was especially acute after 2010 in connection with the signing The Russian Federation International Convention on the Organization of Labor of Citizens. International regulations directly indicate that the employee has the opportunity to receive material compensation for unused vacations only for 21 months.

In addition, Article 9 of the ILO Convention No. 132, which has been in force in our country since 2011, states that it is necessary to use a vacation period of at least 14 continuous days for one year. The rest of the days, the employee must walk no later than 18 months from the moment the work period ends, for which the break was granted.

In connection with the above theses of the Convention and amendments to Labor Code Russia, many experts mistakenly believe that some unused vacation burns out after 18 months. But this opinion is wrong! Unused rest days will not burn out in 2018, you can use them for subsequent periods or receive material compensation for them upon dismissal.

The amendments to the Labor Code will affect the rules for granting annual leave to parents with disabled children and minor children under the age of 14. If the State Duma adopts the changes, then one of the parents of children falling under the above definitions will have the right to demand from the employer the provision of leave at any time convenient for the family.