Unscheduled care
How to arrange a vacation not according to schedule? The employee must write an application in free form . In the document, the employee must indicate a different (new) start date for the vacation, as well as the grounds (reasons) for postponing it.
The authorized employee must approve this action and confirm his consent by putting his resolution “I allow” or “I have no objections” and a personal signature on the application.
IMPORTANT : If a company has several divisions and departments, then the document must initially be signed by the immediate manager of the department where the person works, and only then by the general director of the company.
The procedure and rules for documenting in the organization
After writing the application and affixing the resolution, as well as the signatures of authorized persons, an order is issued to make changes to the organization’s vacation schedule.
The unified T-7 form is very convenient to use and is designed with the ability to make amendments and changes.
If there is a change in dates, the HR specialist must fill out 8.9 lines in the vacation schedule. Column No. 8 displays the name of the document that serves as the basis for transferring rest days. Often the basis is a statement from the employee with reasons (illness, marital status, etc.), as well as documents that confirm special circumstances.- In column No. 9, the new vacation date should be recorded. The reasons for the transfer can be displayed in column No. 10 (notes).
Next, information about the transfer must be entered into the employee’s individual (personal) card (form T-2). The HR specialist records the number of days in the leave information field . The basis here indicates the number and date of the transfer order.
The company's management may make a negative decision and not reschedule the planned vacation. When drawing up a vacation schedule, the wishes of all employees are always taken into account. Additionally, the production capability and needs of the company are taken into account. Therefore, the vacation schedule is an agreement reached by both parties.
ATTENTION : Once the schedule is approved, it becomes binding on both the employer and employees.
If the employee wishes to change the period of the initial leave, and the employer is against this for some reason, the latter is not obliged to explain the reasons for the negative decision. For a competent refusal, the manager must put down a resolution with the words: “I do not allow” or “I do not agree,” and this will be quite enough.
To summarize, it can be noted that registering a vacation according to the rules is a serious procedure that has a number of features. It is necessary to take a responsible attitude to work, know and be able to correctly draw up all documents.
Statement
An application for annual leave should be written at least four days before the start of the vacation . The period is not established by law, but accounting usually begins to accrue vacation pay three days before the start of the vacation period, so a three-day period is logically justified.
In addition, in the local regulations of the company, the deadlines for filing an application can be established more precisely and specifically. In some extreme cases, with the approval of management and accounting, it is theoretically possible to submit an application in one day.
The document is drawn up in any form, the main thing is to convey the meaning and indicate basic data (for example, full name, date, name of the organization, start and end time of the vacation period).
Please note that there are several different types of holidays.
If annual paid leave is issued, this must be reflected in the text and title of the document.
Here is the approximate text of the statement:
General Director of Stroymontazh LLC I.I. Ivanov from P.V. Petrov, senior installer.
Please provide me with annual paid leave for a period of 28 calendar days from August 10, 2020 to August 28, 2016.
Next comes the filing date and signature. The document is mandatory if the vacation was not indicated and recorded in the first way - through notification.
Transfer of vacation
The vacation date approved in advance in the vacation schedule may be postponed. The legislation regulates the procedure for registering the transfer of vacation in two cases.
At the employee's initiative:
- if the employer violated the notice period for the start of vacation or payment of vacation pay;
- when an employee is ill;
- in other cases when this is provided for in labor legislation or local regulations.
In this case, the basis for the transfer may be an employee application drawn up in any form. The application must contain a permit entry, as well as the signatures of the head of the structural unit (department, workshop, etc.) and the head of the organization.
At the initiative of the employer - due to production needs. The basis for postponing vacation will be the order of the manager. The employee must not only be familiarized with such a decision, but also obtain his consent to the transfer.
This procedure follows from the totality of the provisions of Articles 123 and 124 of the Labor Code of the Russian Federation.
When postponing vacations, it is not necessary to issue an additional order to approve their schedule in a new edition. If you use the unified vacation schedule form No. T-7, then make the appropriate entries in columns 8 and 9.
The procedure for granting and registering vacations is regulated by Art. 114 Labor Code of the Russian Federation.
According to Art. 114 of the Labor Code of the Russian Federation, all employees are granted annual leave while maintaining their place of work and average earnings. Annual paid leave has a duration of at least 28 calendar days based on a six-day working week.
Paid leave must be provided to the employee annually.
The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.
Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:
- for women - before maternity leave or immediately after it;
- workers under eighteen years of age;
- employees who have adopted a child (children) under the age of three months;
— in other cases provided for by federal laws.
Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.
The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year.
The vacation schedule is mandatory for both the employer and the employee.
The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.
By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.
Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.
Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.
Part of the annual paid leave exceeding 28 calendar days, upon written application of the employee, can be replaced by monetary compensation.
When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation can be replaced by a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.
Upon dismissal, the employee is paid monetary compensation for all unused vacations.
According to Art. 128 of the Labor Code of the Russian Federation, for family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.
For example, an employer is obliged, based on a written application from an employee, to provide leave without pay:
- working old-age pensioners (by age) - up to 14 calendar days per year;
— working disabled people — up to 60 calendar days a year;
- employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days.
How to take annual paid leave according to the Labor Code of the Russian Federation?
To prevent vacation registration from turning into exhausting paperwork, the employee must carefully approach the procedure for collecting documents. But before collecting the papers, the employee needs to familiarize himself in detail with the rules of the Labor Code of the Russian Federation on the specifics of providing annual paid leave.
Note! The duration of the paid vacation period under the current Labor Code is 28 days. There are conditions under which vacation can last longer than 28 days.
The Labor Code of the Russian Federation identifies several types of paid annual leave:
- An additional number of days for citizens who work in enterprises with harmful working conditions. Taking into account the nature of the duties performed, the legislator established the possibility of extending leave. The maximum number of additional days cannot be less than one week.
- Additional period for the special nature of the work. The list of professions that are classified as work of a special nature has been established by the Government of the Russian Federation.
- For workers who carry out activities according to a non-standardized system. The conditions for providing additional days are specified in the collective agreement. The amount of additional gap should not be less than three days.
Before writing an application for the next vacation period, the employee must take into account some of the nuances from Article 122 of the Labor Code of the Russian Federation.
In particular, he should know that the employer has the right to refuse to apply for leave if, by the time the application is submitted, the employee has not worked for him for the period established by law.
In other words, to be able to take a paid vacation, you must work for at least 6 months at the enterprise where the vacation is taken out.
However, this article establishes that the employer, at his discretion, can agree to leave for rest and up to 6 months of service.
Please note that an employee working part-time can also apply for annual leave, but the date of departure must coincide with the vacation period at the main place.
Step-by-step care procedure
To take the next annual leave according to all the rules, the employee needs to act step by step:
- Decide whether vacation is provided according to a schedule or by agreement with the employer. In the first case, no additional documents will be required from the employee; in the second, an application is required.
- If the vacation is scheduled, and the date of departure clearly coincides with the planned one, then you just need to wait until the employer provides an order for the provision of vacation for review and pays vacation pay. This must be done 3 days before the start of vacation time. If the order is not issued, then it is necessary to find out what is causing the violation of the Labor Code of the Russian Federation.
- If there is no schedule, or the employee just got a job this year and was not included in the schedule, then an application must be submitted at least 3 days in advance. Next, you need to wait for the director’s order for review.
- On the day indicated in Order T-6, you don’t have to go to work and start your next vacation.
Important! Until the order is familiarized with signature, going on vacation is not permissible. The employer can blame absenteeism, since there is no official order to start the rest.
Notification
The employee must be notified of the leave using a special document.
Notification of the beginning of a well-deserved rest is an important and mandatory document.
He officially informs the employee about the start of annual paid leave.
The concept of notification can be found in Article 123 of the Labor Code .
The employee must be notified of the start time of the vacation no later than 14 days before the start of the vacation .
But if the leave has already been issued on the basis of the employee’s own application, then notification is not mandatory.
Otherwise, notification is made in writing and in person. Failure to provide notice may provide a valid reason for refusing leave at an inappropriate time for the employee . If you refuse to familiarize yourself, a special act must be drawn up.
There is no standard form for notification. But it must indicate the title of the document, the date of preparation, the text of the notification, the position and full name of the employee, and the day of delivery. The text of the notification conveys the main idea.
Here's an example:
Based on the provisions of the Labor Code and local acts of the enterprise, we inform you about the provision of paid annual leave in the period from August 10, 2020 to August 25, 2020.
Confirm receipt of the notification with a handwritten signature.
Documentation rules
All official documents intended for organizing and registering vacations have rules for drafting, regardless of the presence or absence of a specific form. Documentation of vacation contains three main points.
Vacation schedule
Registration of vacation schedules is mandatory for every organization - both for individual entrepreneurs and for legal entities. The document can be drawn up in the T-7 form, but since 2013 this has become an optional condition, so the management of the organization can develop its own schedule form. A document is drawn up taking into account additional days of rest for certain categories of citizens, the wishes of employees and the peculiarities of production.
In case of non-use of any number of vacation days for a certain period, with the consent of the employee, they are transferred to the next year and are also recorded in the schedule.
A correctly drafted document should contain the following information:
- Full names of employees;
- personnel numbers;
- names of departments in which employees work;
- employee positions;
- the number of days allotted for vacation;
- vacation dates.
In case of any changes, the schedule may be amended with reasons.
Documentation for the previous period must be stored for a year.
For employees with whom the employment contract is concluded for no more than six months, the issue of including them in the vacation schedule is decided on an individual basis.
Notification
This document does not have a clear structure, but must contain the following items:
- Name of the organization;
- Full name and position of the employee;
- date of dispatch and receipt;
- vacation dates;
- Full name of the head;
- signatures of the employee and supervisor.
Vacation schedule
Documents required for vacation begin to be drawn up long before it begins, and the first of them is the vacation schedule. To compile it, use the T-7 form. The purpose of creating a schedule is to distribute vacations evenly throughout the year so that each person has the opportunity to rest and unused days do not accumulate. At the same time, the work of the remaining employees must be planned in such a way that the production process does not stop due to one absent specialist. Personnel services are required to draw up a schedule two weeks before the start of the year and familiarize all employees with it against signature. The start date of the vacation may indicate the exact date. But it is also possible to enter only the month. The preparation of subsequent documents depends on this.
Vacation: what documents are processed first?
Documents for granting leave begin to be formed long before employees go on vacation. The first and very important document from our package is the vacation schedule. It is compiled at the end of the year. The employer must approve the schedule for the next working year no later than 2 weeks before the end of December. When establishing the priority of vacations, the employer is recommended to take into account the wishes of employees. At the same time, the schedule must be drawn up so that vacations do not negatively affect the company’s activities.
From March 30, 2020, the President of the Russian Federation declared non-working days in order to prevent the spread of coronavirus infection. Is it possible to send all employees on vacation during a pandemic and how to properly arrange vacation during this period, ConsultantPlus experts explained:
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Read more about the order in which annual paid leave is provided in this article.
Draw up a schedule using the unified T-7 form or the form accepted by the organization. To approve the schedule, an order may be issued, a sample of which you will find here. If events occur during the year that do not fit into the established sequence of vacations, changes may be made to the schedule.
Find out what documents to submit for parental leave for a child under three years of age for an external part-time worker in the ready-made solution from ConsultantPlus. If you don't already have access, get a free trial online.
