One of the most frequently asked questions about vacations – is unused vacation burned or not?
In 2019, an employee can use all the holidays that he has accumulated over previous periods with this employer (Article 124 of the Labor Code of the Russian Federation). Including can add them to leave for the current working year. In other words, if an employee has, for example, 13 calendar days of vacation left from the last working year and they have switched to the next working year, he is not obliged to take first leave only for these 13 days, and only then separately leave for the current year.
If the employee decides to quit, and on the day of the dismissal he will be considered to have unreserved leave (it is also called unrequited leave), then the employee may (Article 127 of the Labor Code of the Russian Federation):
- or write an application for leave with the subsequent dismissal (provided that he is not fired for perpetrator’s actions);
- or receive compensation for unused vacation.
Unused vacation leave schedule
Vacation schedule (form N T-7, approved by the Resolution of the State Statistics Committee of
As for vacation days for previous working years, they can be provided to the employee:
- in accordance with the schedule of holidays. In this case, they must be added to the total number of days the employee leaves and also reflected in column 5;
- at the request of the employee. Then the specific period of leave is determined by agreement with the employer.
Such an application will be no different from the usual application for annual paid leave. It does not need to specify that we are talking about the vacation for the previous working year.
Application for unused vacation (sample)
Kaleidoscope LLC Kiselyov
from the leading engineer Grekova
Please grant me a vacation from February 4, 2019 for 14 calendar days.
Lead Engineer (Signature) Grekov
Why unused vacations are not profitable for an employer
The answer to the question – whether the vacation in the past years burns in 2019, we already know – it does not burn. Naturally, for those workers who for some reason are rarely on vacation, the total number of unused vacation days can be quite large.
This situation is often not like employers. And for this there are 2 reasons at once. First, if the labor inspectorate comes to the organization, the inspectors will definitely have questions why employees cannot fully exercise their right to rest. And secondly, the more vacations the employee has accumulated, the greater the amount of compensation he will have to pay upon dismissal (Article 127 of the LC RF).
In this regard, employers often offer their employees different ways of “getting rid” of unused vacations over the past years. Let’s see what options are possible and what are their pros and cons.
The employer “expels” on vacation
The easiest and most acceptable option for all parties is if the employee still spends his vacation at a time or in parts (art. 125 of the Labor Code of the Russian Federation). Accordingly, he will be able to rest and receive holiday pay during this period.
Worse is the situation when an employee is invited to write several applications for short vacations that fall only on weekends – traditionally Saturday and Sunday. The employer, recommending this option, usually reminds you that the employee will receive more money. After all, for each such day off vacation pay will be paid to the employee. At the same time, in such a situation, the employee’s vacation days really burn out. Because at the weekend he would not work anyway, and could take a vacation later, and not only get the same vacation pay, but also have a good rest.
The most unfavorable option for an employee is to arrange a vacation and at the same time continue to work, as if there is no vacation. In such a situation, for the days of work, the employee is paid vacation pay, and he simply loses the earned money. After all, officially during this period it does not work. And again, there is no need to talk about any rest here.