Vacation application form: sample. The texts of these documents can be downloaded here

Every employee has the right to annual leave. It occurs after six months of continuous work with one employer. As a rule, an employee exercises this right after working at the enterprise for 11 months. Then he can go on vacation for all 28 calendar days.

The right to leave can be exercised by an employee both during work and upon dismissal. This is stated in Art. 127 Labor Code of the Russian Federation. This article states that an employee, when resigning, can use either of two options:

• receive monetary compensation for unused vacation days;
• take off unused vacation before leaving.

Most often, the employee asks for compensation, but some first take their vacation and only then quit. This raises a lot of questions among personnel officers. How should the main leave be arranged correctly if the employee then plans to resign?

How to properly arrange vacation followed by dismissal

It is important to properly prepare documents for such dismissal. Otherwise, the employer cannot avoid problems with the labor inspectorate.

In Art. 127 of the Labor Code of the Russian Federation states that only those employees who quit on their own initiative can take off unused vacation. If the dismissal is initiated by the employer and is the result of the employee’s culpable actions, the right to leave is lost.

An employer is not required to allow an employee to take unused vacation before dismissal. This is his right, but not his obligation. Therefore, if an employee plans to first take a break and then resign, he must obtain the consent of his employer.
Leave can be granted to an employee if he resigns of his own free will (clause 3, part 1, article 71 of the Labor Code of the Russian Federation), by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation) or on other grounds that are presented in Labor Code of the Russian Federation and are not related to the guilty actions of the employee.

As stated in Art. 80 of the Labor Code of the Russian Federation, the employee is obliged to notify the employer 2 weeks in advance that he wants to quit on a certain date. In Art. 78 of the Labor Code of the Russian Federation states that when an employee is dismissed by agreement of the parties, the period of notice to the employer is stipulated in the agreement itself. At the same time, he has the right to express his desire to use the vacation that he has.

The employer is notified in the form of a written statement from the employee. In the same way, he notifies the employer of his desire to use vacation days. This is stated in Part 2 of Art. 127 Labor Code of the Russian Federation.
When resigning voluntarily, the employee writes 2 applications - one for dismissal, the other for vacation.

How to write an application

There is no unified application form for resignation and leave. It is drawn up in writing addressed to the employer. If the enterprise has developed a special form for applications, then it is written on it.
If there is no form, then the resignation letter must contain the following information:

• in the upper right corner the position and full name of the head of the enterprise is indicated, as well as the name of the enterprise itself, indicating the organizational and legal form;
• then the full name and position of the applicant are indicated. You can also indicate the structural unit where he works;
• then the word “Statement” is written;
• In the informative part of the application, you must state your desire to resign. It is imperative to indicate the date of dismissal without the preposition “from”. This puts the HR manager at a dead end. It is better to write, for example, November 17. This indicates that the last working day will be November 16;
• date, signature of the applicant and transcript.

An application to use the remaining leave must also be made in writing. It is drawn up in exactly the same way as a resignation letter. Only the informative part should contain the following information:

• request to use vacation days that were not taken off before the date of dismissal;
• you need to indicate the date from which the employee plans to go on vacation;
• it is also necessary to indicate the duration of unused vacation. If an employee does not know exactly how many vacation days he has, he can contact the HR department. The HR inspector will calculate the exact number of days of unused vacation;
• you also need to state your desire to quit after your vacation;
• date of writing the application, signature of the applicant and its transcript.

It is better to write the application in two copies. One copy remains with the employer, and the other with the employee. On the employee’s copy you need to put the number of the incoming document and the date the application was accepted for personnel records.

Based on the statements, the personnel officer issues 2 orders:

• on granting leave in the form T-6 or T-6a;
• about dismissal - in form T-8 or T-8a.

The employer does not have the right to issue a single order of dismissal and leave. This will be a violation of labor laws and record keeping.

Based on the order, the personnel officer fills out the first page of the T-61 form and submits it to the accounting department for calculating vacation pay. In addition, the employee has the right to take only part of the vacation before dismissal, and receive monetary compensation for the remaining days. The employer can meet the employee halfway, as this does not worsen the legal status of this employee.

The employee must know that he has the right to leave after six months of work. He must receive full leave, that is, 28 calendar days, and not in proportion to the time worked. He receives his vacation in full, and only those days that he has “worked” will be paid.

Date of dismissal (for vacation followed by dismissal) When using vacation without compulsory leave followed by dismissal, the question arises of which day is considered the last. The date of issue of the order and other subtleties depend on this.
In Part 3 of Art. 127 of the Labor Code of the Russian Federation states that upon dismissal from unused vacation, the last working day will be the last day of vacation.

Labor law prohibits an employer from issuing an order to dismiss an employee in advance. For example, the application indicates the date of dismissal as August 27, and the order was issued on July 25. The dismissal order must also be issued on August 27. In addition, the employee must put his signature on the dismissal order.

Once the vacation begins, the employee cannot withdraw his application for dismissal. It is also impossible to issue an order in advance, but indicating the date of dismissal - then the continuous numbering of orders will be lost, and labor inspectors will certainly pay attention to this.

It is necessary to make a full payment with the employee and issue him a work book. This must be done on the last working day. The last working day is the day before the employee's vacation. Since the employee will no longer withdraw the application, on the same day he is paid in full for all days actually worked from the last date of payment of wages. If the collective agreement provides for severance pay, it is also paid on the employee’s last working day.

The work book is issued on the day of dismissal, that is, on the last day of vacation. In it you need to make a note about the dismissal, indicating the order number and the date of its issue. And the order can only be issued on the day of dismissal.
If an employee falls ill during vacation and is subsequently dismissed, the date of dismissal is not postponed, but sick leave is paid in accordance with the length of service of the employee.

A person may need release from official duties for various reasons, so you should know what a working citizen can count on and how to correctly write a leave application so as not to conflict with the law or receive a banal refusal from management.

Vacation can be paid or at your own expense, one-time (situational) or periodically recurring. Vacation time approved by the boss involves the temporary absence of an employee from work without dismissal for the period of absence.

None of the vacations that citizens can take are burdened with standards for drawing up an application: there is no standard form.

A request for vacation time for one reason or another must be written down on paper in free form.

Written documentation is mandatory - in this case, the employer will not be able to accuse the employee of absenteeism, which should not be excluded in the case of an oral agreement.

The requirements for all leave applications are identical. They must contain:

1. The hat is in the upper right corner. Here they indicate the name and position of the person to whom the request for leave is addressed, as well as the name and official position of the author of the application.
2. The title of the document is a statement. The name is entered in the middle of the sheet after the heading before the main text.
3. The main part is in the line below after the name of the document. The body of the application contains the actual request for leave, indicating its type (regular, educational, at your own expense, etc.) and the reason (if there is a need for explanation). A link to relevant articles of legislation is welcome, but not required.
4. Date, name and signature.

If the application is printed after having been typed on a computer, you should remember: the date and signature must be handwritten.

Having submitted an application for leave, you should make sure that it is noticed and approved by your superiors, and that the appropriate order is issued. The law does not establish deadlines for filing an application. In some cases (unpaid leaves), if the issue is agreed upon with management, the paper can be issued by internal order and 1 day in advance. Based on the fact that in a normal situation, the accounting department needs 3 days to complete the calculation, a request for leave should be submitted taking into account this fact. More accurate information can be obtained from personnel officers.

Samples of vacation applications

Many organizations have ready-made application forms for leave of any category - simply because this reporting principle is more convenient for accounting and human resources departments.

There are no fundamental differences between office forms and those that you can download on the Internet or type yourself.

The difference, if any, can only be in the external design, but not in the content.

For example, the "internal sample" might look like this:

Sample application on company letterhead

A self-composed statement looks different:

Sample application for annual paid leave

Paid annually

Guaranteed annual paid leave can be taken in whole or in parts (TC Article 125), so you can request the entire vacation period or use the vacation partially.

Please provide me with another paid leave from (*date*) to (*) days.

The duration of the vacation is standard and is 28 days, therefore it is not necessary to indicate the number of days. Extended vacations can be used by certain categories of workers (TC stt., ,; Federal Law No. 181 1995, No. 136 2000, No. 90 2006; PP No. 949 1994, No. 391 1996). They should provide a link to the relevant regulatory document.

When requesting part of your leave, remember:

• one part of annual leave cannot be less than 2 weeks;
• the total number of vacation days (28) includes 20 working days and 8 days off, so it will not be possible to take the remaining 2 weeks as purely working days, ignoring weekends.

Please provide me with a portion of the annual paid leave for (*) calendar days from (*date*).

It is permissible to apply for even 1 day of vacation; this does not contradict the law. Ideally, the application is submitted 1-2 weeks in advance, at least three days in advance.

With subsequent dismissal

The right to use the remaining vacation before dismissal is prescribed in Labor Code Article 127. In this case, the last day of work will be the last day of vacation, and the employee will receive the payment the day before the start of the vacation.

Please provide me with another paid leave of (*) days from (*date*) followed by dismissal.

The applicant may be denied such leave, and in this case the days not taken off will be compensated with money.

Academic

The academic certificate is issued at the place of study, and not at the place of work.

To obtain academic leave, compelling reasons are needed (Federal Law No. 273 2012/29/12, Art. 34, Clause 12; Order of the Ministry of Education and Science No. 455 2013/13/06 + Appendix).

The permissible duration of academic leave is 2 years; the number of female academics during their studies is not limited.

The application is written in the name of the rector, and information about the applicant himself, in addition to his full name, includes information about him as a student/graduate student, and not as an employee (faculty, department, specialty, stream, group). Like all similar applications, the request for an academician is certified by the signature of the applicant and the date of submission of the application.

I ask you to grant me academic leave from * to * for [*reason*], which I confirm with the attached documents: ***

Documents that serve as grounds for granting leave are attached in original or photocopied form.

An internal order for an educational institution on granting leave is issued within one and a half weeks. At the end of the academic leave, the student is required to begin classes at the stage at which he was forced to suspend his studies.

Student

Study leave is provided for passing a session (interim certification), as well as for passing state exams and defending a diploma project (work).

During student leave, the production student retains the average salary at his place of service.

If study leave is requested for admission to a university or to undergo certification at the end of a preparatory course, then you can only count on retaining your place without paying for time away from work (TC Article 173).

Please provide me with study leave in connection with [*indicate certification category*] at [*name of university*] lasting (*) days from * to *. Help-call No. (***) is attached.

The number of days of study leave for each category of students is determined by Labor Code Article 173. A call to a session or state exams + diploma is required.

Maternity leave

An application for maternity leave is submitted after receiving sick leave at the antenatal clinic - immediately for the entire period, without breaking down into the prenatal and postpartum periods.

I ask you to grant me maternity leave from * to * based on sick leave No. (***).A certificate of incapacity for work is attached.

If a woman actually goes “from maternity leave to maternity leave,” then, obviously, the amount of the calculation for the second sick leave will turn out to be catastrophically small.

In this case, she can submit a request to change the period for calculating the 2nd sick leave (Federal Law No. 255 2006/29/12).

Replacement of the calculation period is applied only (!) at the request of the employee and is not performed by default.

The application for a replacement is written in free form and submitted simultaneously with the main application for leave under the BiR.

The original sick leave must be attached to the application, so it is recommended to make several copies - they may be in demand in different authorities.

For child care

The application is drawn up for the entire period up to and including the child’s 3rd birthday, or for a period of up to 1.5 years, and then they submit a petition to extend the leave to 3 years.

The amounts of benefits during these vacation periods are different, but present (Presidential Decree No. 1110 1994/30/05, edition 2014/01/07; PP No. 1206 1994/03/11 edition 2014/24/12).

Please provide me with leave to care for my child *full name* of birth *date* until he reaches the age of (*) years from * to *.

I ask you to assign me a monthly care allowance and a monthly compensation payment.

A copy of the child's birth certificate *full name* is attached.

If the application is written before 1.5 years, then the second application (up to 3 years) is submitted in the same form, only the word “provide” in it must be replaced with “extend”.

Please note that the applicant’s return to work date must be the day following the child’s birthday or the day he turns 1.5 years old.

Not only moms can get maternity leave. In this case, the following must be attached to the application:

• a certificate that the mother does not use this type of leave (from her place of work);
• document confirming the applicant’s relationship with the child.

If the application does not indicate a request for payments, then “by default” they will not be assigned. To correct the situation, you will have to write an additional application.

Despite the application, care leave can be terminated at any time at the request of the applicant and written notification to management.

Administrative (leave at your own expense)

Vacation without payment for the requested days, but with retention of place, is called administrative (official terminology) or at one’s own expense (everyday terminology). Individual citizens have the right to annual unpaid leave by law (Article 128), which can be divided into parts, but cannot be transferred to the next year.

Ordinary employees can count on 5 legal days in the following cases:

• marriages;
• birth of heir(s);
• death of a relative.

Please allow me (*) days without pay from * to * due to (*reason*). The corresponding certificate is attached.

The presence of a certificate confirming the validity of the event that required writing an application increases the chances of a positive decision by management to grant a short-term leave.

The reasons for requesting leave at your own expense (as well as its duration) can be very different - the main thing is that the boss recognizes them as valid.

For this reason, a preliminary conversation with the head of the enterprise/division outlining the reasons and a verbal agreement should precede the writing of the application.

The issuance of an internal order on this application will serve as a guarantee that time absent from the workplace will not be classified as absenteeism (with the ensuing consequences).

Application for vacation compensation

I ask you to replace with monetary compensation my unused vacation for (*year*) in the number of (*) days. Reason: Article 126 of the Labor Code of the Russian Federation.

Article 127 stipulates the possibility of compensating all unused vacation upon dismissal.

Application for transfer of vacation

Vacation is postponed for two reasons:

• for a valid reason of the applicant (the reason and the planned date are indicated in accordance with the schedule);
• on official need (initiated by the administration).

Applications vary depending on the basis for the transfer: if in the first case the employee voices a request to postpone a vacation that does not work out due to circumstances, then in the second case he agrees in writing to the forced transfer.

Form 1.

I ask you to reschedule my annual vacation, scheduled for the period from * to *, for reason (***).

Form 2.

I, full name + position, agree with the postponement of my next paid leave, scheduled according to the schedule from * to *, due to production needs.

New vacation dates are set by the boss after agreement with the applicant - taking into account the wishes of the employee and the state of the work process. In some cases, the time of annual vacation may be postponed to the next year. At the same time, the annual deferment is excluded in conditions of hazardous production and in the event that the applicant has not reached 18.

An application for leave with subsequent dismissal is a document that is written in cases where an employee wants to sever his employment relationship with the employer, having previously exercised the right to his legal leave.

Benefits of the application

This form of application gives obvious preferences to the employee who has decided to resign. The main thing is the time that he gains to look for a new job without losing his seniority and without having to work the required two weeks. For the employer, there are fewer advantages in this situation, but they also exist - the law is followed, more time remains to find a new employee, and good relations with the former subordinate are maintained.

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Requirements that must be met during vacation followed by dismissal

Despite the apparent simplicity, in order for the dismissal to take place legally, it is necessary that certain conditions be met. In particular, it is necessary that the employee has unused vacation, and the employer does not object to him taking time off before dismissal. In addition, dismissal in this way is possible only at the initiative of the employee and only if he did not commit any serious offenses or violations that led to dismissal.

An important condition: even if the employee has not fully worked for a year, with this form of dismissal the employer is obliged to provide him with leave of at least 28 days(according to the calendar). True, only those days that would need to be paid during a standard dismissal are subject to payment.

If the employer does not want to sign such a statement

In most cases, the employer has every right to refuse an employee to use vacation before dismissal. But exceptions are possible. For example, if the time of vacation followed by dismissal completely coincides with the vacation period assigned to the employee according to the vacation schedule approved by the enterprise. Also, the employer will be required to agree with the employee’s decision when a clause on such leave is in the dismissal agreement concluded between these two parties.

Dismissal procedure

The process of terminating an employment contract with prior use of vacation has a multi-stage structure.

1. First of all, the employee must write himself statement. If this procedure is carried out as a result of reaching an agreement on dismissal between the employer and the employee, this document must also be drawn up properly.
2. Next, the head of the organization issues orders about employee leave and dismissal. The person being dismissed must be familiarized with both of these documents, and with the order of dismissal, even before going on vacation.
3. Also, before the vacation, the employee is given the paychecks due to him. payments in full and work book. The employment date of dismissal must indicate the last day of vacation.
4. Then all the necessary information is entered into the employee’s personal card and other personnel records.

If an employee gets sick while on vacation

Since formally the employee during the vacation period is still listed as an employee of the enterprise, the employer is obliged to pay him temporary disability benefits in the manner and amount established by law. In this case, the final date of leave cannot be changed, just as the dismissal itself cannot be cancelled.

Rules for drawing up an application for leave with subsequent dismissal

A unified, legally established sample of such a statement has not been developed; therefore, employees can write it in free form. The main thing is to adhere to certain standards and follow spelling rules.

The document must indicate the name of the organization, full name and position of the specific employee to whom the applicant is applying (usually the director or general director), as well as the date from which the employee would like to go on vacation.

It should also be noted that the vacation is planned with subsequent dismissal.

The document can be prepared either in printed or written form, but in any case it must be certified by a “living” signature. It is drawn up in two copies, one of which remains in the hands of the employee, and the second is transferred to the employer’s representative.

An example of drawing up an application for leave with subsequent dismissal

The document has a fairly simple form and its preparation should not cause much difficulty.

1. First fits in on the right addressee of the application, namely, the full name of the employing company (in accordance with registration documents), the manager (the position is indicated according to the staffing table), as well as his last name, first name, and patronymic. Then turn on in the same way employee data. After this, the word “Statement” is written in the middle of the line.
2. The main part of the document must include a request for annual paid leave, indicating its period (start and end date), as well as duration. You also need to formulate your desire to quit immediately after the end of your vacation.
3. Finally, the application must be signed and dated.

Is it possible to withdraw such a statement?

The law allows an employee of an enterprise to withdraw such a statement, but only if this is done before the start of vacation. This is due to the fact that the entire dismissal procedure is carried out before the employee goes on vacation; accordingly, starting from the first day of vacation, the employment relationship with him is actually considered severed.

Also, the employer has every right to refuse to withdraw an application if a replacement has already been found to replace the person being dismissed and the person who received the job offer cannot be refused for certain reasons prescribed by law.

22.01.2018, 20:18

An employee of an organization wants to go on vacation and, without leaving it, resign. The company management is not against it. Now a personnel specialist needs to understand this issue and, first of all, understand how to correctly write an application for leave with subsequent dismissal of his own free will. A 2018 sample would be all right.

Vacation followed by dismissal must be agreed upon

The employee must be paid compensation for all unused vacation days that remained with him on the day of dismissal (Article 127 of the Labor Code of the Russian Federation, paragraph 28 of the Rules on regular and additional vacations, approved by Resolution of the People's Commissariat of the USSR dated April 30, 1930 No. 169). Moreover, the right to receive compensation does not depend on the reason for dismissal. An employee can be fired even “under article”. This will not affect the need to pay compensation to the employee for unused vacation.

Compensation must be paid for both the main and all additional vacations due to the employee (Article 127 of the Labor Code of the Russian Federation).

Persons working with an organization under civil contracts are not entitled to compensation for unused vacation. This is explained by the fact that they do not have the right to leave, and termination of a civil contract cannot be considered dismissal.

If the employer’s consent is not obtained and the employee does not show up for work, he may be fired for absenteeism (subparagraph “a”, paragraph 6, part 1, article 81 of the Labor Code of the Russian Federation). Both officials of Rostrud and judges agree with the correctness of this approach (letter of Rostrud dated December 24, 2007 No. 5277-6-1, appeal ruling of the Supreme Court of the Sakha Republic dated June 3, 2015 No. 33–1849/15).

We are writing a statement

So, the first step to apply for such leave is to write an application for leave with subsequent dismissal. The application must be addressed to the head of the organization and written in any form. After all, the current legislation does not establish a unified form. Especially for readers of the portal, our specialists have prepared a sample 2017 application for leave with subsequent dismissal.

We issue a leave order

If the employer does not mind, then after receiving the employee’s application, you need to issue a leave order followed by dismissal. Typically, companies using unified forms issue two orders:

• on granting leave;
• about dismissal.

For your information
If an employee is denied leave with subsequent dismissal, and at the time of dismissal he has unused vacation days left, then he is entitled to compensation for unused vacation (Article 127 of the Labor Code of the Russian Federation, letter of Rostrud dated April 30, 2008 No. 1025-6).

Have you decided to write an application for settlement? Dismissal is not an easy process, which, according to the legislation of the Russian Federation, has a certain procedure for registration and rules for document flow. As a rule, the employer decides independently: to give the employee unused vacation before terminating the employment contract or to compensate him in the form of financial compensation. We will consider in more detail in the article below what kind of document is drawn up by the company employee in this case.

Legal Features

• the employee was seriously injured or became unable to work while on vacation;
• parallel performance of work duties during vacation (especially important for civil servants);
• other situations specified by the Labor Code of the Russian Federation.

Another example of a “non-standard situation” is when an employee changes his mind about quitting. By law, he has every right to withdraw his application, except for the following options:

1. When a new candidate undergoing an internship has already been invited to replace an employee (with documentary evidence).
2. If the decision to stay was made already during the vacation. According to labor law, dismissal can be canceled before the order comes into force