Is it necessary to make changes to the vacation schedule when hiring a new employee - two expert opinions

Parental leave in the 2020 vacation schedule

This is explained as follows. The vacation schedule indicates employee vacations for the next year. This document includes all employees who, at the time of drawing up the schedule, are entitled to annual paid leave. Employees who are already on maternity leave or will go on leave next year are not entitled to annual leave. Therefore, they should not be included in the vacation schedule. Maternity leave is a similar situation. Maternity leavers also cannot take annual paid leave during maternity leave.

Scheduling vacations - common mistakes

In the activities of personnel departments, it is not uncommon for inspections by labor inspectorates to reveal errors in organizing the provision of annual rest to workers. These errors include the following:

• the absence of a schedule at all is the most serious mistake, indicating a complete disorganization of the personnel service in the institution;
• drawing up a document in violation of deadlines, for example, drawn up on December 30;
• absence of signatures of employees in familiarization with the document;
• lack of signature of the head of the HR department;
• lack of signature of the manager;
• the opinion of the trade union is not taken into account;
• providing the same employees with rest time in the summer, and some in the winter;
• failure to indicate the provision of additional rest time to an employee who is entitled to it, for example, for length of service;
• uneven distribution of rest time. For example, it is planned to provide 20 employees in August, 1 in January, which negatively affects labor productivity.

In order to avoid mistakes and properly prepare the document, you must carefully follow the procedure for its preparation, taking into account the requirements of labor law standards.

How to include maternity leave in your vacation schedule

For workers, the start of vacation is a desired date that they wait for, until which they count days and weeks, and for which they carefully prepare. For the employer, this is a period of increased responsibility, both material (everyone must be provided with vacation pay) and organizational (everyone wants to go on vacation, but someone has to work). The sequence of vacations is determined no later than two weeks before the start of the year - the vacation schedule.

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Duration of teacher maternity leave

A teacher's maternity leave is calculated as follows: 70 days before birth + 70 days after birth.
If two or more babies were born - 94 days. If the birth was complex and occurred prematurely, then the mother has the right to take 156 days of rest. Before childbirth, vacation is 84 days, 110 days in the postpartum period. The law allows for days off to care for a child; financial support will depend on the age of the child (one and a half or three years).

Only the mother of the child has the right to take a vacation of 140 (194) days. At the end of the vacation, the teacher can begin working. Subsequent leave to care for a child is allowed to be taken by either parent or other relatives who will care for the child.

FAQ

What to do if an illegally dismissed employee is reinstated?

When an enterprise reinstates an employee, all labor rights are returned to him.

This means that leave is granted in the general manner - no later than the end of the current year (if there are no benefits for priority provision). You can republish the vacation schedule or issue an addition.

Is it necessary to draw up a schedule for those working under a fixed-term employment contract?

The document in question is drawn up for all employees of the organization who plan to continue working in the next year - this is regulated by Art. 123 Labor Code of the Russian Federation.

The exception is that the contract expires in December.

An employee requests a copy of the Statement of Statement, what should I do?

Copies of documents relating to the work activities of personnel are required to be provided upon written application.

If the employee has provided it, the employer must provide a copy within three days.

15 common mistakes made when registering civil defense documents

• the duration of the main and additional leave is incorrectly determined;
• sometimes schedules are drawn up “for show”, but in reality the rest dates for workers are different;
• when collaborating with a part-time worker, the terms are not consistent with the main place of work
• the rights of “beneficiaries” are not taken into account or there are no documents confirming the right to priority granting of leave;
• A record of other types of leave is made: to care for a child under 3 years old, etc.;
• the start date is set on the last day of the working week: for example, in the 5/2 mode - on Friday;
• vacation is divided into parts without the employee’s consent - the decision has no legal force, even if such a clause is stated in the employment contract;
• Leave is granted upon application, but the schedule is not approved by management. Such a violation entails a fine or disqualification for up to 3 years.

The vacation schedule is an important document for the enterprise. The compilation should be carried out by competent persons, taking into account the interests of employees, production needs and legal norms.

We have reviewed the main nuances that need to be taken into account when registering, but if you still have questions, please contact our consultant.

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Vacation

Last changes

After news appeared that the vacation schedule should be drawn up according to the new rules and model for 2020, people began to worry. In fact, these changes appeared at the end of 2020.

Innovations imply the creation of a list of citizens who are eligible for preferential conditions. Employees entitled to them, including large families with children under twelve years of age, can receive leave at any desired time.

https://youtu.be/PjQODS6Xmro

No other amendments to the legislation related to the provision of leave to employees were adopted. A bill is currently under consideration that would introduce electronic document management for use by both employer and employee, with the help of which it will also be possible to apply for leave. But this is just a project and is under discussion.

Both employees and employers are required to follow the approved vacation schedule. Therefore, both of them, as a rule, have many questions about the procedure for drawing up this document. The article provides answers to the most popular of them.

Should the opinions of employees be taken into account when drawing up a vacation schedule?

In general, the employer has the right, but is not obligated, to take into account the opinions of employees when drawing up a vacation schedule. An exception is made for the wishes of certain categories of employees, in particular: - employees with two or more children under the age of 12, and employees raising such children without a mother; — employees under the age of 18; - participants of the Great Patriotic War, war veterans, combat veterans.

In addition, when drawing up a vacation schedule, the employer should also take into account the right of certain categories of employees to unscheduled vacation in certain circumstances. For example, the right of a pregnant employee to use leave before or after maternity leave.

Thus, in general, an employer can draw up a vacation schedule without taking into account the opinions of employees, while not forgetting about “exceptional” categories.

Is it necessary to familiarize employees with the vacation schedule after it is approved?

There is no consensus on this issue, and two opposing positions have emerged.

Supporters of the first believe that the legislation does not contain an obligation to familiarize employees with the vacation schedule upon signature. The vacation schedule is not a local act, but refers to the primary accounting documentation for personnel records - that is, it is an organizational and administrative document.

The employer must notify about the upcoming vacation according to the approved schedule no later than two weeks before its start.

The second point of view is based on the fact that the vacation schedule still falls within the definition of a local act, which means that the employer is obliged to familiarize employees with the document.

In the absence of a unified position and in order to avoid a controversial situation, the employer is recommended to familiarize employees with the vacation schedule against signature.

— ask the employee to sign opposite the date of his intended vacation in the schedule form itself in the “Note” field; — attach an introductory sheet to the vacation schedule, in which each employee will indicate the date of familiarization with the document and sign.

Is it possible to indicate in the vacation schedule not specific dates, but the month of the intended vacation?

It is not prohibited to indicate in the vacation schedule only the month of the intended vacation. However, in practice this is not very convenient, since then you will have to additionally agree with the employee on the specific start date of the vacation. If you reflect specific dates initially, this will save the employer from further approvals and possible overlap of vacations of different employees.

At the same time, this procedure is convenient to use during shift work. If the shifts on the date of drawing up the schedule are not yet known, then indicate the months of the expected vacation, and after the shift schedule is approved, specify the specific dates in agreement with the employee.

Is it necessary to indicate information about unused vacations for previous years in the vacation schedule?

In order to prevent violations of labor laws, unused vacation for the past year can be included in the vacation schedule for the current year for clarity.

If the employer decides to reflect the unused part of last year’s vacation in the current schedule, then the vacation period must be agreed with the employee without fail. The employer no longer has the right to include such vacation days in the schedule at his own discretion, unlike vacation days for the new working year.

Is it necessary to include external and internal part-time workers and conscripts in the vacation schedule?

A vacation schedule is drawn up for all employees of the organization who plan to continue working next year. Therefore, it is necessary to include everyone: both part-time workers and conscripts - provided that the fixed-term contract does not end in December of the current year.

By the way, since leave for a part-time worker must be granted simultaneously with leave for his main job, the employer of an external part-time worker needs information about the planned vacation time for his main job. To do this, the employer may ask the employee to provide an extract from the vacation schedule or a corresponding certificate from the main place of work.

Is it necessary to include in the vacation schedule employees who were hired by the organization several months before drawing up the schedule?

An employee is granted annual paid leave annually. The right to use vacation for the first year generally arises after six months of continuous work for the newcomer in the organization. Vacation for the second and subsequent years is granted at any time in accordance with the accepted priority, which is recorded in the vacation schedule.

Thus, it is not necessary to include vacation for the first working year in the schedule. However, in practice, such inclusion is convenient, since it gives a comprehensive picture of the rest time of all workers.

Dangerous misconceptions about the vacation schedule for 2020

Farms have the right, but are not obligated, to take into account the opinion of employees when drawing up a vacation schedule (Article 123 of the Labor Code of the Russian Federation). But some employees need to be given leave at a time convenient for them (below). Check the table to see if you have such employees. Have them choose dates first and put them on the schedule. After that, give others the right to choose.

Before you create a vacation schedule, look at when each employee's new work year begins. Usually it does not coincide with the calendar. The countdown must begin from the date when the employee joined the company. For example, an employee started work on December 1, 2020. This means that he is entitled to the first vacation (28 days) for the period from December 2020 to November 2020 inclusive. The second is from December 1, 2020 to November 30, 2020, and so on.

What kind of document is this?

All employees have the right to take annual paid leave. To ensure that their absence does not negatively affect the activities of the enterprise, it is necessary to establish a priority.

This is precisely the task that the vacation schedule (VS) performs. It reflects the rest time of each person throughout the calendar year.

According to Art. 123 of the Labor Code of the Russian Federation, the document is mandatory for the employer and subordinates, since it forces them to comply with the requirements of the law, guarantees timely rest and helps prevent many conflicts.

Labor Code of the Russian Federation

Remember that he:

• compiled annually two weeks before the start of the new calendar year;
• agreed with the trade union, if such an organization is provided.

Previously, large and small enterprises were required to register GOs, but the latter are exempt from such obligations from January 1, 2020.

That is, small organizations have the right to release employees by agreement, and the procedure is prescribed in the employment contract.

What are the consequences for absence or violation?

The labor and tax inspectorate carefully checks the vacation schedule, so it is important to comply with the deadlines and complete it without errors.

For non-compliance with the norms of the Labor Code, management is brought to administrative responsibility.

The punishment is qualified under Part 1 of Art. 5.27 Code of Administrative Offenses:

• 30,000-50,000 rub. – for legal entities;
• 1000-5000 rub. – for officials;
• 1000-5000 rub. – for individual entrepreneurs who attract hired labor.

How is it claimed?

The vacation schedule is approved no later than 14 days before the start of the year for which it is drawn up - such requirements are established by Art. 123 Labor Code of the Russian Federation.

In other words, the document for 2020 had to be signed before December 16, 2020, and for 2020 - before December 15, 2020 (the 17th falls on a holiday).

Remember other important nuances:

• after approval, the document becomes binding: the organization must send the person on vacation on a specific date, and he must go on vacation;
• it is not necessary to issue an Order for the approval of the Civil Defense, since the signature of the authorized person is already present on the document and indicates its entry into force;
• making corrections is unacceptable.

How is it compiled and with whom is it agreed?

According to Art. 123 of the Labor Code of the Russian Federation, the employee’s opinion is not taken into account when developing the document: the decision is agreed only with the trade union. But in practice, it so happens that management always asks subordinates when they want to rest - this is more convenient for all parties.

The answers are documented - this makes it easier to identify “beneficiaries” who are granted leave in a special manner.

We'll talk more about this later.

Now let’s look at the sequence of drawing up and approving the document for next year.

Collection of information about vacation times of all employees

For this purpose the following may be compiled:

• questionnaire;
• questionnaire;
• memorandum.

In some organizations, HR specialists are involved in the preparation of documents that take into account the wishes of employees and management recommendations.

They can develop a statement:

The information received is analyzed and adjusted taking into account legal norms.

A project is being drawn up

The document is sent to the trade union for review, and after receiving a positive response, they begin processing.

Minutes of the union meeting are required to confirm the absence of violations on the part of the employer.

Approval of civil regulations and familiarization of employees

Carried out by the manager or other authorized person. You will need a memorandum and a statement.

On the schedule form, the block for approval by the manager looks like this:

Employees must familiarize themselves with the approved document, otherwise it becomes optional - such conditions are regulated by Art. 22 and 123 of the Labor Code of the Russian Federation.

The manager has the right to issue an order on the vacation schedule, which obliges department heads to collect the necessary information from their employees.

Here you can see a sample:

In addition to the signature of the persons, the date of the document is required.

Why is a vacation policy drawn up at the enterprise? You will find detailed information about the document in our article. Is it possible to take vacation in advance for the current year? Find out here.