Many citizens who work in an organization under an employment contract prefer to replace part of their leave with cash compensation. Especially in the case when the rest period is quite long. To do this, the subordinate must draw up an application for compensation for the vacation and transfer it to the head or to the personnel department. Then wait for the decision of the employer. Replacement of part of the main vacation with cash compensation can be carried out only with the consent of the head.
Basic moments
The Labor Code provides for the possibility of replacing part of the main leave with cash compensation. 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 must make a statement to compensate for the vacation. Then you need to transfer it to the personnel department and wait for the decision of the head of the enterprise. Replacing additional leave with cash is the latter’s right, and not an obligation.
In the period of performance
Section 126 of the Labor Code states that an employee may exercise his right and ask the supervisor to replace the extra period of rest with monetary compensation. This is only possible if the main vacation exceeds 28 days. In addition, the employee must draw up an application for compensation for the vacation, transfer it to the head 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 its part, then the total amount should exceed 28 days for each separately. This rule is enshrined in the Labor Code of the Russian Federation. It should also be noted here that you can write an application for vacation compensation yourself or take a sample from the organization’s human resources department.
Not allowed
For some categories of subordinates, the replacement of part of the main vacation with monetary compensation is prohibited by law. This rule applies to women who are expecting a baby and subordinates who are not eighteen years old. The indicated persons must rest the entire period of time laid down 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 exception here is only the termination of the employment agreement.
Decor
Every citizen who has decided to receive a monetary reward for a part of the rest period is thinking about how to write an application for vacation compensation. At the same time, not everyone is aware that any model for its preparation does not exist in the legislation. Therefore, such a statement is drawn up independently by the subordinate in any form, although in some organizations you can take a ready-made form in the personnel department. It is compiled as follows:
Application for vacation compensation (sample):
Director ____________ (company name)
________________________ (Full name of the head)
from employee _____________________________
position_________________________________
Statement
I ask you to pay me monetary compensation instead of part of the required vacation for the period from _____ to ____ year, which is more than 28 days.
Reason: provisions of article 126 of the labor code.
Date _______ Signature of the employee _______________ (transcript)
In addition, in this application, you can specify the exact number of days that a citizen wants to replace with monetary compensation. This is necessary in cases where the additional vacation is quite long. Also, the employee has the right to use the entire rest period set for him. An application for vacation compensation, a sample of which is not available in labor law, is not required to be written in this case.
Upon dismissal
Upon termination of the contract with the employee, the manager must pay him a monetary reward for the entire unused period of rest. So says art. 127 Labor Code. In addition, on a written statement from a subordinate, leave may be granted to him with the further completion of the employment contract. Except in those situations when a person is dismissed for illegal actions.
An application for compensation of unused vacation time upon dismissal to an employee may not be written, because the employer's obligation to pay it is specified in article 127 of the labor code. Written confirmation from a subordinate is not required here.
Before dismissal, an employee may ask the employer in writing to provide him with unused vacation time, and after that terminate his official relationship with him. Although this is permitted only when a person wishes to complete official relationships on his own initiative.