Application for compensation of leave. Art. 126 of the LC RF

Many citizens working in the organization under an employment contract prefer to replace part of the scheduled leave with monetary compensation. Especially in the case when the period of rest is long enough. To do this, the subordinate must make an application for compensation of the leave and transfer it to the head or to the personnel department. Then wait for the employer's decision. Replacement of a part of the basic leave by monetary 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 basic leave with monetary compensation. This is possible only in cases where the rest period is long enough. This desire of the employee must be backed up in writing. In other words, a subordinate needs to make an application for compensation of leave. Then you need to transfer it to the personnel department and wait for the decision of the head of the enterprise. The replacement of an additional leave in cash is the right of the latter, and not an obligation.

During the period of service

Article 126 of the Labor Code states that an employee can exercise his right and ask the head to replace the additional period for rest with a monetary reward. This is possible only if the basic leave exceeds 28 days. In addition, the employee must make an application to compensate for the leave, transfer it to the head of the employee and wait for his decision. Here it should also be noted that it can be both positive and negative.

If the employee did not go on vacation last year, moved him to a new working period and at the same time decided to take monetary compensation for his part, the total amount should exceed 28 days for each one separately. This rule is fixed in the LC RF. Also here it should be noted that the application for compensation of vacation can be written with your own hand or take his sample in the personnel department of the organization.

Not allowed

For some categories of subordinates, the replacement of part of the basic leave with monetary compensation is prohibited by law. This rule applies to women awaiting the appearance of a child, and subordinates who are not eighteen years old. The said persons should rest the entire period of the contract. In addition, payment of monetary compensation for additional leave to those citizens whose activities are associated with hazardous working conditions is not allowed. The only exception here is the termination of the employment agreement.

Decor

How to write an application for compensation of vacation, every citizen thinks, who decided to get a monetary reward for a part of the rest period. At the same time, not everyone knows that there is no model for drafting it in the legislation. Therefore, such an application is made out by the subordinates themselves in an arbitrary form, although in some organizations it is possible to take a ready-made form in the personnel department. It is composed as follows:

Application for holiday compensation (sample):

To the director ____________ (name of the enterprise)

________________________ (Full name of the head)

From the employee _____________________________

position_________________________________

Statement

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

Reason: Provisions of Article 126 of the Labor Code.

Date _______ Employee's signature _______________ (transcript)

In addition, in this application, you can specify the exact number of days that a citizen wishes to replace with a monetary reward. This is necessary in cases when additional leave is quite long. Also, the employee has the right to use the entire period of rest. The application for compensation of leave, a sample of which is absent from the labor legislation, in this case is not required to write.

When you leave

If the contract with the employee is terminated, the manager must pay him a monetary reward for the entire unused period of rest. So it says art. 127 of the Labor Code. In addition, upon a written application of a subordinate, leave may be granted to him with further termination of the employment contract. Except for those situations when a person is dismissed for illegal actions.

An application for compensation of unused leave upon dismissal of an employee may not be written, because the employer's obligation to pay for it is specified in article 127 of the Labor Code. Written confirmation from the subordinate here is not required.

Before being dismissed, the employee can ask the employer in writing to let him have an unused vacation, and after that he stopped working with him. Although this is permitted only when the person wishes to complete the service relationship on his own initiative.