The division of vacation into parts according to the law. Legislation limits the possibility of dividing the main and additional holidays

The date: 15.10.2019

An employee can be divided into parts, but how can this be done according to the labor code? This event can be initiated by the employee himself, or maybe by the manager. It depends on the circumstances.

When there is a need to break a vacation into parts

Vacation in total is 28 calendar days, but it can be longer, it depends on the working conditions. Total calendar days can be divided into parts, this is determined by the administrative documents for the organization.

But there are also situations where the violation technological process, which the employee is engaged in, can lead to a disruption in the performance of tasks, in connection with this, the employer is forced to provide for the division of vacation into 2 parts, and perhaps even more per year. At the level of legislation, this is provided for and will not be a violation.

If we consider the issue of dividing the vacation into parts in more detail, then it is a rather urgent problem. Employee vacations can not be used at the same time and there are several reasons for this:

If the number of employees is large, then in any case, some of them will have to be sent on vacation in the winter, and other employees in the summer, since it is impossible to completely expose work areas.
When replacing another employee with a person who has gone on vacation.
If the employee wishes not to use his vacation in full.

The reasons may turn out to be different, the main thing is that the signatures of the manager and employee are present in the vacation application. The duration of part of the rest should be at least 14 days, and the second part can also be divided into several components.

Breaking down the rest time into separate parts, which does not contradict the law, you can even take one day of rest, but this is not recommended if:

the employee is deprived of the right to further rest, which may adversely affect his health;
each time the manager needs to sign the application;
there may be problems with the calculation of vacation pay.

So if you need to divide the vacation into several parts, you should carefully consider everything.

How to break up a vacation

How is the division of vacation into parts

If a citizen gets a job, then after 6 months he is entitled to leave, but there are other categories of persons who apply for leave earlier than this.

These are:

employees who are under the age of 18;
employees who have adopted a baby who is not yet 3 months old;
women while waiting for a baby;
women after maternity leave.

When dividing a vacation, the manager must know that one of the halves must be at least 14 calendar days in total, other restrictions on the division of vacation are not provided by law. Moreover, both the employee and the employer have the right to split the vacation.

The latter also has the opportunity to add vacation days to days off, and the duration is generally not regulated. Therefore, there are no violations of the law in these cases. However, it is not beneficial to divide the vacation into 1, 2 or 3 days for both parties.

The main purpose of a vacation is a good rest, and for a short time no one can choose how he will provide leisure.

It is unprofitable for the employer to divide the vacation into parts, since you also have to pay vacation pay in installments, which will create certain difficulties in the calculation. Holidays also include weekends, and this circumstance increases its duration, which also does not attract the employer.

Dividing the vacation into 2 parts

The most optimal solution would be to divide the vacation into 2 parts, that is, break the rest time into 14 days. So it will be possible to take a normal break from work, and at the same time not to the detriment of production. Moreover, there are no difficulties for the employer in the calculation.

The division of vacation can be made according to a different scheme:

Write to the employer an order to call the employee from vacation when 14 days have already passed. But at the same time, it is imperative that the employee agrees with the decision of the management. Therefore, his signature should be in the Order together with the word "agree".
After the employee goes to work, but the rest of the time that he did not finish, he must use it during the calendar year.
The manager should not violate the rights of the employee and is obliged to let them walk for at least two weeks before the end, and then notify them of the need to go to work.

The procedure for dividing the vacation into several parts

The algorithm for dividing a vacation into several parts is simple and is performed according to the following scheme:

A statement is written on behalf of the employee.
The application is signed by the head.
In the schedule, when compiling vacations, the wishes of the employee are taken into account.

The person responsible for scheduling preliminarily coordinates vacation projects for next year with stakeholders and with employees themselves. At the same time, it is imperative that the signature of the employee, which means his consent.

But in practice, there are cases when the vacation must be divided into parts after the schedule has been approved.

To do this, the following steps are performed:

The employee writes a statement on his behalf addressed to the head.
The application is signed by both parties.
Information about future changes is entered into the personal card.

After the schedule is adjusted, if necessary, an organizational document is prepared, with which the employee is also familiarized.

When writing an application by an employee, the following information is indicated in the paper:

surname and initials of the employer;
employee data;
application for the division of vacation;
rest dates are indicated;
the signature of the employee and the date of preparation of the document.

details of the organization;
the preamble indicates, in connection with which it is necessary to divide the vacation into parts;
the initials of the employee;
leave dates.

The document is signed by the head, and new dates are entered into the vacation schedule. In order for the document to be correctly executed, it is necessary that the Order contains the signature of the employee confirming his agreement with the new vacation dates.

Is it possible to share vacation without the consent of the employee

Is it possible to divide the vacation without the consent of the employee

In practice, there are also cases when little depends on the desire of the employee, and the requirement to divide the vacation into parts is set. Especially if the further state of affairs at work depends on the employee. How to be under such circumstances?

At the legislative level, the manager cannot force the employee to work during the vacation period or go to work without his consent. It is also impossible without the decision of the employee himself to divide his vacation into parts.

In order not to disrupt the cycle of the technological process, you can only agree with the employee, otherwise it will result in penalties.

About weekends and weekdays on vacation

The legislation does not provide for restrictions on the choice of vacation days. On vacation, both can be taken into account, and holidays and weekdays.

Possible situations.

Rest for a week. The employee applied for leave within five working days. This does not include weekends, and the law does not prohibit choosing only weekdays. It is the responsibility of the employer to pay for these 5 days, which are clearly indicated in the declared document.

The employee can also increase the duration of the vacation taken by two pairs of days off, and he will receive vacation pay in larger size i.e. 9 days.

The employee took 2 days off. This is also not a violation, but it is the employer's responsibility to pay for this time.

If an employee needed to take a vacation on weekends, then this does not contradict the law, but it may serve as an issue for regulatory authorities.

If the vacation consists only of weekends or holidays

Can a vacation consist entirely of weekends and holidays?

If the employee’s rest time during the vacation period is obtained only on weekends, then this time cannot be considered the employee’s rest time. That is, this important point must be taken into account when preparing the schedule. At the same time, it is necessary to know that all public holidays are days off and this circumstance must also be taken into account.

If it is written by an employee that he wants to take vacation on January 1 and 2, then the employer should not agree with this. If these are weekdays, then the employer can sign the application for leave.

In general, when drawing up a vacation schedule, the employer should take into account the nuances regarding the desire of the employee and the interests of the organization, but they should not be contrary to the law.

Leave Breakdown Rules

Before dividing the vacation into parts, the following equally important circumstances must be considered:

The employee took a full two weeks off, but then wished to break the vacation into small parts, one day at a time. In this case, the employer has no right to create obstacles for him.
Management is not given the right to set a minimum vacation time. One part of the rest should be 14 days, and the rest of the time is used by the employee at his discretion.
Holidays are counted in calendar days, but holidays are not included.
If an employee leaves the enterprise for any reason, then he must be provided with unused vacation, which he either finishes, or he is paid compensation for this period.
If the employee’s working conditions are special, then the latter has the right to split the vacation into parts. How the employee manages the days of rest, the decision remains with him.

The heads of enterprises or organizations, no matter what form of ownership they belong to, should not go against the law. If their employee is on vacation according to the order, then he should not be at work at that time. Anything can happen to an employee, and in the event of an accident, serious problems can arise.

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Dividing vacation into parts quite often applied by employers unilaterally, without obtaining the consent of the employee. Let's see how you can properly divide the vacation into parts without violating the law.

The annual may be provided in installments, but only with the consent of the other party. If the initiator is an employee, he has the right to apply to the manager with a request to provide him with part of the annual paid leave, but the manager has the right to refuse. Also, if the employer wants the employee to use the vacation in parts, he can make this offer to the employee, in such a situation the employee also has the right to refuse to divide the vacation into parts. If the other party does not agree, the annual paid leave is granted to the employee in full.

Based on Article 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days. The rest of the days the employee can use at least one day. Please note holidays in Russian Federation the minimum duration is 1 calendar day, we do not provide for the provision of vacations by the hour. If an employee needs, for example, to take half a day of vacation, then only a full day of vacation can be provided to him. Annual paid leave is granted only in calendar days and not in working days. Therefore, the employee has the right to take part of the annual leave that falls on a day off and force the employee to take vacation only on working days, this is also illegal. Some employers are trying to impose their own rules on the employee, giving the employee instead of the requested 5 days of vacation, forcing them to take 2 more days off. This is a violation of the rights of the employee, since it is impossible to force him to take a vacation along with days off. If the manager agrees to provide part of the vacation, then he should not set conditions for the employee. If an employee asks for 5 calendar days of vacation, then they must be provided, but without capturing days off. Also, if an employee asks for leave for the weekend, you also do not have the right to refuse him, but must provide these days.

Sometimes vacations are taken only on weekends, for example, it happens that the head of the organization cannot leave his enterprise unattended, but he is also obliged to use the vacation. In this case, he takes 14 days as an uninterrupted part of the vacation, and then begins to choose vacation on weekends. With this approach, the leader is always in place and his vacation is used.

This situation is not directly disclosed in the legislation of the Russian Federation, so there are two points of view on it:

the first - since our vacation is provided in calendar days, there is no violation here and the employee has the right to choose vacation days off.
the second point of view says that the employee has the right to replace the annual paid vacation with monetary compensation only that part of the vacation that exceeds 28 calendar days.

In the above example, in this vacation use scheme, the manager replaces the part that exceeds 14 calendar days, i.e. his number of days off does not change, but for the used vacation days that fall on days off, the employee receives only vacation pay. As a result, we have hidden monetary compensation for part of the vacation, which exceeds 14 calendar days, and then this is already a violation of the law.

If the employee used the leave in installments and he has some unused part left, he must use it no later than 12 months after the end of his working period. For example, if you have a working period from March 4, 2017 to March 3, 2018, during this period the employee uses vacation, then the last date until which he must take annual paid leave is March 3, 2019. By this date, the leave must be used in full.

If, nevertheless, for some reason the employee was unable to use the rest of the vacation, then when the final date arrives, he will not be able to finish the vacation, but this part of the vacation does not burn out, but is transferred to dismissal. Upon dismissal, an employee may ask to use all accumulated vacations with subsequent dismissal, but this may be denied to him, but to pay compensation for everything unused vacations the employer is obliged.

Thus, if some part of the vacation was not used by the employee in his working year, then he can take it with monetary compensation upon dismissal. We have a fairly convenient scheme in our legislation for using annual paid leave, if you want - take it in its entirety, if you want - take it in parts. Moreover, if the employee and the employer immediately agreed that the vacation would be used in parts, then the vacation schedule can be divided into parts, as agreed by the parties.

It follows from the article that division of vacation can only take place with the consent of the parties, where the parties are the head and the employee.

Few employers will agree with the long absence of a specialist. Is splitting vacation legal? What does the labor law say about this? And how to split up the prescribed period? We will talk about all the nuances further.

Regulatory features of the division of vacation into parts

The duration of the next annual leave is regulated by the Labor Code of the Russian Federation and in accordance with Art. 115 is 28 calendar days. Reducing the holiday period is illegal, an increase is possible in agreement with the employer. The terms of personnel rest are set by enterprises in the vacation schedule, which is drawn up taking into account the wishes of employees, the industry specifics of the company.

The initiator of the division of vacation into parts can be both the head of the organization and the employee himself. Is it possible to organize a vacation not just once, but 2 or 3 times a year? Russian legislation takes into account the needs of legal and individuals and provides for the division of vacation into parts - in the Labor Code of the Russian Federation, Art. 125.

This section of the Code establishes that an employee can take time off annual vacation parts, subject to agreement with the employer and a minimum duration of at least one segment of 14 calendar days. The duration of the remaining period is not limited in any way and is determined by the individual independently. In this case, the agreement with the employer is carried out exclusively at the good will of the employee.

Note! If a person has already spent half of his vacation, breaking it up, the second half of 14 days cannot be divided under any circumstances. The employer is also not entitled to withdraw from such a vacation. This is considered a violation of the requirements of the International Convention No. 132 of 09/06/11.

The main conditions for dividing the next vacation:

At least one part must be at least 14 calendar days long.
Separation must be agreed with the employer and employee.
The duration of one of the segments is not subject to change in order to comply with the norms for dividing the vacation into parts according to the Labor Code of the Russian Federation (Article 125).

It is not allowed to split the following types of holidays:

Training - refers to the target, provided for a specific period specified in the call certificate.
Unpaid - since the salary for the employee for the period of unpaid leave is not saved, the duration of such a period is established by agreement of the parties, which means that it does not imply separation.
Children's - on a par with the training refers to the target periods of release from work, it is forbidden to make changes to the terms.

How is the division of vacation into parts

There are 2 ways to arrange a vacation division. The procedure concerns both extra days. It is recommended that all agreements be approved in writing in order to avoid possible labor disputes with employees.

Holiday split options:

Self-compilation of the application- an individual submits a document addressed to the head of the organization indicating the desired time frame. Then approval takes place and, in the case of a positive decision, an order is issued in the form T-6.
Drawing up an annual vacation schedule- this method provides for the preliminary coordination of rest periods with the staff. The days are entered in parts, in the appropriate column, each employee puts his signature on familiarization with the information.

Algorithm of actions for an accountant:

Acceptance of an application from an employee - be sure to check the full name of the specialist, the start / end dates of vacations in parts, the dates of completion and the presence of a personal signature.
Manager's approval.
Issuance of a leave order form T-6.
Filling out a note-calculation in the form T-60.
Entering information into a personal card and time sheet.

Note! The specified procedure is given for a situation where the employee independently brings an application for dividing the vacation into parts. If the duration of rest periods is determined by the employer, a vacation schedule is required.

Example

Suppose that an employee of the enterprise was granted a vacation of 14 calendar days from December 4 to December 17, 2016. The period from December 2015 to November 2016 is taken to calculate vacation pay. The salary for the specified time is 25,000 rubles. There were no exclusion periods.

Average daily earnings \u003d (25,000 x 12) / 12 / 29.3 \u003d 853.24 rubles.

The amount of vacation pay \u003d 853.24 x 14 days \u003d 11,945 rubles.

The amount to be issued "in hand" \u003d 11,945 - 13% personal income tax \u003d 10,392 rubles.

Important:

If an employee of the company does not agree to share the next vacation, according to the clarifications of Rostrud, in letter No. 2143-6-1 dated July 17, 2009, the employer is prohibited from unilaterally approving the division of the vacation into parts.
If the employer tries to split the second half of the vacation into small segments - in accordance with Art. 8 of the Labor Code, local acts of the enterprise that worsen working conditions are not legal and cannot be applied.
If the vacation is divided into small parts and is provided exclusively on weekends, this practice does not cause the approval of the labor inspectorate and may lead to conflict with the inspectors. After all, days off in any case are non-working days (Article 107) and cannot replace legal vacation periods.