When to write an order
The vacation schedule is drawn up in advance - no later than two weeks before the start of the year by which vacation time is distributed. At the same time, in the process of creating a schedule, both the wishes of employees and production needs should be taken into account.
The preliminary schedule must be submitted for approval to the trade union body (if there is one at the enterprise), then all employees of the organization must be familiarized with the order against signature (if this is not done, disputes and disagreements with employees may well arise, leading to litigation proceedings).
The vacation schedule is a binding document; any adjustments can be made to it only with the mutual consent of the employee and the employer, provided that this in no way affects the functioning of the company and does not affect the interests of other employees. Changes may also be made when hiring new employees and due to forced and force majeure circumstances.
It should be noted that all types of vacations are included in the schedule:
- planned,
- additional,
- "last year's"
- as well as vacations issued to “part-time workers.”
Also, when compiling it, you should first of all take into account the opinion of the “beneficiaries”, i.e. those employees who, by law, can choose their own vacation time, without taking into account the wishes of the employer and those who belong to “special” categories:
- minors,
- disabled people
- employees with irregular working hours (in these cases, the duration of leave is non-standard).
Do I need to approve the schedule by order?
The employer’s obligation to annually develop a vacation plan is enshrined in Article No. 123 of the Labor Code of Russia. Failure to comply with this requirement is punishable by administrative liability in the form of a fine in the amount of 1,000 to 70,000 rubles.
This is stated in article No. 5.27 of the Code of Administrative Offenses of Russia. The magnitude of this sanction depends on the type of person violating the violation and the presence of similar illegal actions in the past.
Therefore, it is important for the head of the organization to strictly comply with the provisions of labor legislation. Many beginning entrepreneurs do not know whether an order is needed approving the vacation schedule. Such a document is not mandatory, but, as a rule, all managers resort to drawing it up.
It happens that, in addition to the fact of drawing up a schedule, other information is also prescribed in the order. For example, employers often indicate those responsible for compliance and execution of orders.
Rules for drawing up an order
Like any other order, this document today does not have a strictly established, unified template, so it can be drawn up in free form. Quite often, company employees use the old, familiar standard form or an internally developed template for writing an order (which must be approved in the organization’s accounting policies), but regardless of which option is chosen, the document must always contain a number of necessary information:
- First of all, this is the name of the company,
- date of document preparation,
- information about the official on whose behalf the order is written
- and his signature,
- as well as the actual content of the document
- and signatures of all employees mentioned in it.
In this case, the vacation schedule itself can be included in the order in “natural form” or indicated as an appendix (this is especially true when the schedule itself, due to the large number of employees of the enterprise, is a multi-page document).
There is no need to certify the order with the company’s seal, since it relates to the company’s internal documents; in addition, starting from 2016, legal entities have the full legal right not to use stamps and seals to endorse documents.
The order can be written either by hand (this method has been used extremely rarely lately), or printed on a computer, issued both on the organization’s letterhead (very convenient - you don’t need to fill in the details again) or on a regular A4 sheet. It is usually drawn up in one copy, which, after being reviewed and signed by all the persons mentioned in it, is transferred for storage to the archives of the enterprise, where it is kept for the time established for such documents.
How to compose
Since the order to approve the schedule is not mandatory, the Labor Code does not contain any requirements for its preparation.
The order is issued upon the development of the schedule within the time limits provided for in Art. 123 of the Labor Code. That is, the order approving the vacation schedule cannot be drawn up later than December 17.
The order is drawn up in any form and does not have an approved format that is mandatory for execution. The employing company can approve its own order form, which it will use annually.
To give the order legal force, it is advisable to include the following points in it:
- Official name of the employer.
- Document number , according to the accepted numbering system.
- The essence of the document : “Approve the vacation schedule for ___ year.”
- List of persons who are responsible for preparing the order and observing the vacation schedule (optional).
- Manager's signature.
- Signatures of persons indicated as performers.
- Date of preparation of the order.
- Place of preparation of the order (city).
The directly approved schedule appears as an annex to this document. It is not advisable to include the schedule itself in the text of the order, since it is usually a very significant document.
https://youtu.be/e5Q3jQA0m5g
An example of drawing up an order
This sample order has a fairly standard form and can be generally applicable (with minor individual adjustments).
We draw up the “header” of the document
At the beginning of the document, the full name of the organization is written, then the order number is indicated (according to internal document flow), the locality in which the company operates is entered, as well as the date of its preparation.
We draw up the “body” of the document
Then comes the order itself: first, a reference to the basis is indicated (must be in any order - in this case, it is Article 123 of the Labor Code of the Russian Federation) and then several points are spelled out in detail.
- The first usually records the very fact of approval of the schedule, indicating the year to which it applies.
- In the second paragraph, a person responsible for collecting signatures on familiarization with the schedule and order is appointed (most often, the role of such an employee is a specialist from the human resources department, sometimes a secretary).
- The third paragraph contains the necessary instructions to the accounting department.
After this, the application (the schedule itself) is entered in a separate line, and also below are the signatures of the head of the organization and employees who are entrusted with the functions of executing the order.
When is the vacation schedule approved?
Drawing up a plan for employees to go on regular vacations is entrusted to specialists from the company’s HR department. Preparatory work for drawing up a vacation schedule begins in the fall of the year preceding the year the schedule was drawn up. This time is necessary to find out the existing wishes of the company’s employees regarding expected periods of rest.
After this, the HR inspector prepares a preliminary vacation schedule for the next year. In this case, employees who have priority when choosing a vacation time due to certain benefits must be noted.
A HR specialist needs to understand that it will not be possible to draw up this schedule right away; it may need to be agreed upon several times. This is due to the fact that a prepared vacation schedule is mandatory for both the company’s management and the people working in it.
The vacation schedule should be completed when agreement to the vacation periods has been received from all parties to the employment relationship. Only after this can you begin the procedure for agreeing on the vacation schedule for the next year with the trade union body.
Approval of the vacation schedule should only be done when employees, administration, and trade union bodies agree with the contents of this document.
Important: the provisions of the regulations set a deadline for this procedure.
In this regard, the last day on which the vacation schedule can be put into effect for the next year is December 17 of the previous year. The company's management and responsible employees must understand this point and comply with the established deadlines. This will help avoid establishing penalties for the organization and avoid liability.
Sample order approving the vacation schedule for 2020
- it is drawn up on the letterhead of the enterprise with the obligatory recording of the full name of the institution;
- the type of document itself;
- date and number;
- the basis for its publication, which includes Article 123 of the Labor Code of the Russian Federation;
- content;
- familiarization procedure;
- features of control over execution;
- director's signature.
This practice indicates a failure to respect the rights of workers, who are deprived of the opportunity to effectively plan their recreational period. In some cases, the employer does not approve the application for an entire calendar year, citing the lack of a replacement. This creates discontent in the team.
Order approving the vacation schedule for 2020
After drawing up the act, the employer of the organization must provide it to employees. Only after the signature of all employees can the legal document be considered valid. It is important to remember: according to Article 123 of the Labor Code of the Russian Federation, the employer must fill out and approve the order on the vacation plan no later than two weeks before the start of the new working year.
- In the first paragraph you need to write the full name of the organization;
- The second column assumes the presence of information that relates to the data of the person filling out and his status in the company: employer, accountant, deputy;
- In paragraphs 3 and 4, the employer writes the personal information and position of each employee;
- From sections 5 to 9, information about the vacation period of each employee is filled out. Enter the start and end date of the planned weekend. Column 8 contains changes to the duration and transfer of vacation pay in case of unforeseen situations;
- In order to draw up a vacation schedule correctly, you need to add explanations to the information in column 10 and, if necessary, enter additions that relate to the transfer of vacation pay.
Do I need to be approved by the director for the next year?
Many directors are interested in the question of whether it is necessary to create a schedule, whether it is approved or not by order, and whether small businesses can be exempted from this obligation?
Important! According to the provisions of the Labor Code of the Russian Federation, the prepared vacation schedule for employees must be approved using a special order signed by the immediate manager of the organization.
In most cases, a separate administrative form is used for its preparation.
However, in practice, this condition is not necessary to comply with, since in the universal form T-7, used to draw up a vacation schedule, there is a special field for approval by the manager. Therefore, the absence of a separate administrative document is not a violation. But the presence of such an order additionally records the fact that the schedule is approved by the employer.
Also, the law does not oblige organizations to use the universal T-7 form for drawing up. The employer has the right to draw it up on a form approved by the company’s local regulations.
The main condition is to comply with the deadlines for preparation and approval. According to clause 5 of Art. 27 of the Code of Administrative Offenses, failure to comply on time is considered a violation of the law and is punishable by a fairly large fine.
The order approving the compiled schedule may contain additional items:
- an obligation for HR staff to make employees aware of the schedule;
- obligation for accounting employees to pay vacation benefits on time;
- preparation of necessary documents, etc.
In a number of situations, the vacation dates established by the approved schedule may be changed or adjusted. The procedure for changing the T-7 form is carried out on the basis of the director’s order and consists of either drawing up an addition to an already approved document, or entering corrective data in the last three columns of the T-7 form.
After approval, workers are familiarized with their signature.
Is this necessary for small businesses?
Federal Law No. 348-FZ of July 3, 2016 introduced amendments to the Labor Code of the Russian Federation; according to the amendments, a small enterprise may not formulate local regulations governing individual stages of labor relations. This applies to those small entrepreneurs who can be called microenterprises.
On the one hand, this makes it possible to refuse the vacation schedule and its approval, but on the other hand, the employer will then have to prescribe in each employee’s employment contract the procedure for providing annual paid leave.
Important! It’s easier to create a single schedule once a year, approve it and know in advance the order in which staff go on vacation.
This approach allows us to better optimize the work process, taking into account the absence of employees at the enterprise during the year.
Therefore, small businesses can refuse this act, but it is still recommended to draw it up annually, this will simplify document flow and optimize work processes.
Useful video
Is it necessary to approve the schedule for provision of annual paid leave by an employee using an order from the manager - watch the video:
https://youtu.be/eYnid9dD-RU
Order on approval of the vacation schedule in form T 7
Despite the fact that the Labor Code does not contain special rules regulating this issue, the Code of Administrative Violations (Article 5.27) provides for administrative liability for an employer who does not provide an employee with leave according to the schedule.
It is also necessary to have a document confirming the consent of both the employee and the employer. For example, an employee’s statement that he is not against sharing vacation with the resolution of the head of the enterprise.
How to approve a vacation schedule - sample order
The schedule is drawn up at the end of the year and must be approved in the current year for the next one. Employees must go on basic paid leave next year, taking into account the data in this schedule; any changes can be made only if there are serious reasons for this and the consent of both parties.
The schedule establishes how employees will rest next year, is drawn up by the personnel department, after which it is signed by the head of this service. The schedule is then submitted to the manager for review and approval. This document is put into effect by the order that we offer at the bottom of the article.
Instructions: we issue an order to approve the vacation schedule
The document should be drawn up on letterhead, which indicates the full name of the organization. On the left is the city in which it is located, on the right is the date of compilation, and in the middle you need to indicate the name of the document. Next, in the introductory part, you need to provide a justification, which will contain a link to a specific article of the Labor Code of the Russian Federation (Article 123).
The vacation schedule must be approved by the employer (Article 123 of the Labor Code of the Russian Federation). It is binding on the employer and all employees of the institution. However, the law does not require an order to be issued. In addition, the unified T-7 form, which is mandatory for budgetary organizations, is very convenient to use and contains special fields where you can enter data without issuing a separate order.
Vacation schedule: registration rules and changes
When preparing a vacation schedule for the next calendar year, it first makes sense to agree on the vacation time of those employees who are entitled to it at a time convenient for them.
These categories of workers, in particular, include:
- husbands whose wives are on maternity leave (Article 123 of the Labor Code of the Russian Federation);
- part-timers. The fact is that this category of workers must be granted leave at the same time as leave at their main place of work (Article 286 of the Labor Code of the Russian Federation);
- minor workers (Article 267 of the Labor Code of the Russian Federation);
- honorary donors of Russia (clause 1, clause 1, article 23 of the Federal Law of July 20, 2012 N 125-FZ);
- spouses of military personnel planning a vacation at the same time as their spouse (Clause 11, Article 11 of the Federal Law of May 27, 1998 N 76-FZ);
- Chernobyl victims (clause 5 of article 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1).
It is better to collect statements from such employees in which they indicate their wishes regarding vacation dates. These statements will confirm that you have indeed provided these employees with leave at a time convenient for them. But it is worth keeping in mind that the employee may subsequently change his mind and change the desired vacation time. In this case, it also makes sense to obtain a corresponding statement from the employee.
How to draw up a vacation schedule for 2020, is the T-7 form used?
- the need, when developing a schedule, to take into account the wishes of employees regarding the time of their rest, as well as the preferential rights to choose the period of departure for vacation of certain categories of employees;
- obligation to familiarize each employee with the schedule (under signature);
- the need to coordinate the schedule with the employee representative body (if there is one);
- approval of the schedule no later than 2 weeks before the start of the next year.
Subsequently, the presented scheme for developing a vacation schedule involves conducting conversations with relevant employees and the heads of their departments regarding each change in the submitted projects. At the same time, you should not limit yourself to discussing the proposed rest periods exclusively with employees, since when drawing up the draft of this document, bosses plan the activities of the unit, and shifting the time intervals of vacations for beneficiaries may affect the rest periods of other employees and disrupt the efficiency of the work process.
Sample order for approval of vacation schedule
The schedule is drawn up in coordination with the trade union, if there is one. It is advisable to take into account the wishes of employees who have a priority right to choose the time of rest, these are wives of military personnel, Chernobyl victims, etc. After signing, the document can be read and signed by each worker.
There is also a unified template (form T-7), introduced by the State Statistics Committee in 2004. It is now recommended, not required. However, many personnel workers prefer, if not to use it fully, then to use it as a basis.
Sample shift schedule
Before you start filling out the form, you should roughly divide it into three main sequential parts.
The first is the beginning, or, as it is also called, the “hat”. This includes:
- document's name;
- date, place of its formation;
- number (according to the internal document flow of the enterprise);
- the period for which the schedule is drawn up (week, month, year, etc.).
You can enter this data either in the middle of the document, or on the left or right - it doesn’t matter. The only thing that should be taken into account is that right there, at the top, several lines are allocated for approval of the schedule by the head of the organization (his position and full name must be entered here).
Below is the main block. It is usually presented in the form of a table. It includes step by step:
- Full name of the employee;
- date of;
- the number of the shift on which he will go to work;
- information about days off.
You can supplement the table with other columns (for example, about an employee’s personnel number, etc.). Under the table, it is necessary to provide a breakdown of the information included in the schedule, including the number of shifts, the number of workers involved in them, the duration of each shift (in hours), as well as the symbols included in the schedule.
Next, you should mark that the opinions of the employees included in the document have been taken into account and collect their signatures. If signatures are placed on the approval sheet, then its presence must be indicated in the shift schedule, indicating it as an attachment to the main document.