The five most common mistakes in an already approved vacation schedule and how to correct them

What is enshrined in law

Article 22 of the Labor Code of the Russian Federation obliges the employer to familiarize the employee with all documents, acts, and orders issued by him that relate to work activities.

In this regard, a logical question arises: does this requirement apply to the vacation schedule? After all, Article 123 of the Labor Code only states that the employee must be familiar with the employer’s decision on this no later than two weeks before the vacation.

The current legislation does not provide for a direct answer. Moreover, the standard form of vacation schedule No. T-7 does not provide a corresponding column for the employee to review.

Therefore, if the vacation schedule is equated to the list of documents with which the employee should be familiarized, the employer will do this. And if he thinks otherwise, then the employee will learn about going on vacation two weeks before the event.

Attention! Personnel practice has developed the following methods, following which the employee will be informed by the employer of the vacation schedule:

another column is added to the electronic form T-7 for employees to sign up upon familiarization with the document;
a separate statement or familiarization sheet is formed, where the employee personally puts down the date when he became familiar with the vacation schedule and provides a personal signature.

An example of applying methods in practice

On the eve of summer, the company received an unexpected, but very important for its image, order and simply could not refuse it, much less fall on its face. To fulfill this order, it was necessary to postpone the vacations of most specialists. In solving this problem, the management conditionally divided the methods into public (which are deployed at all) and individual (offered to individual groups or individual employees at individual meetings).

Public methods included joint decision-making, a voucher drawing, and the ability to schedule loads to keep the same date (i.e., the first three from the list). They were applied at the general meeting. In the meantime, while employees were thinking through plans for completing work without transferring vacations and asking line managers for lists of tasks (i.e., they acted according to the third method), top managers determined whose contribution to the summer project would be most important. Based on the assessment data, it was decided to whom and in what case all the remaining methods should be offered.

For example, management considered the method of compensating losses from the delivery of a tour (fourth on our list) to be the most expensive. They were ready to offer it only to those without whom the company would definitely not cope during the holidays. This list included 2-3 people with the possibility of expanding it due to unforeseen circumstances. Leading specialists were ready to offer methods 5, 6 and 7 (an interesting project, a compensation program and a bonus for career growth) depending on individual preferences and personal motivation. It was agreed to offer ordinary personnel only compensation for bills for housing and communal services and travel during the summer. It was decided to notify about examples of vacation transfers by management and ordinary employees (according to the 8th method) by mailing, issued in the form of gratitude.

It is important to note that proposals to compensate for the postponement of vacation were made at individual meetings and only if the specialist, based on the results of the third method, objectively did not have time to complete the tasks by the start date of the vacation, but still refused to reschedule it. Those who were not satisfied with the proposed options were given leave according to the schedule. Thanks to this work, the company was able to maintain momentum and fulfill an extraordinary order, but important for the company’s image.

The following methods for canceling or rescheduling vacations are options that can help soften the blow. In such situations, it is important to understand that for employees the news of a change in the vacation date is stressful, because... they were tuning in and waiting for the moment when they could rest. Therefore, you should be prepared for the fact that not everyone will be able to accept this news with dignity. Keep your finger on the pulse of potential gossip. After all, one negatively-minded person is able to drag colleagues who were previously loyal to the news to his side. Think about how you can isolate the instigator and neutralize his wave of negativity.

Deadlines for document preparation

Article 124 of the Labor Code of the Russian Federation forces the employer to familiarize the employee with the vacation schedule. Otherwise, if the employee is not promptly informed of the planned date of leave, he is given the right to be granted leave at any time convenient for him.

To comply with the law, HR employees are forced to:

annually, no later than the end of December, draw up a vacation schedule for the next year;
immediately, as soon as it is approved by the manager, present it to all employees for review against signature;
comply with the requirement of Article 123 of the Labor Code to inform the employee about the start of vacation two weeks before the event.

For those employees who will be registered for work after the approval of the vacation schedule, the following procedure must be followed:

an appendix, supplement or additional schedule has been drawn up;
the newly hired employee writes a separate application indicating when he wishes to receive leave. After agreement with the manager, a separate, additional schedule or annex to the existing one is not drawn up.

The choice of one or another procedure for establishing vacations for newly hired employees is specified in a local regulatory act issued by the enterprise.

What it is

The vacation schedule is a local legislative act that is adopted by the organization, and which regulates the dates when employees of this company go on vacation.
This document is accepted once a year and it specifies the dates for employees of all structural divisions of this organization to go on vacation.
According to Article 124 of the Labor Code, the manager must promptly familiarize employees with the vacation schedule. If the employee was not informed on time about the vacation schedule for this year, then he has the right to go on vacation at a time convenient for him, and the manager does not have the right to refuse this.

According to the rules of the law, HR department employees are required to:

draw up a vacation schedule for next year no later than December of this year.
As soon as the manager signs and approves the schedule, the personnel department must familiarize all employees with the schedule, without fail, against the signature of all workers.
According to Article 123 of the Labor Code, the employee is required to familiarize himself with the schedule no later than 2 weeks before the vacation.

The vacation schedule introduction sheet is usually drawn up in a random form, and its structure and type are arranged depending on the specifics of the organization: if we are talking about a small enterprise, then the schedule can look like a list of all employees with continuous numbering. This option is legal and has its place.

How is the vacation schedule drawn up?

The T-7 vacation schedule form was approved by Decree No. 1 of the State Statistics Committee of Russia dated April 5, 2001. It provides for the possibility of transferring the approved vacation time to another time period.

For this:

the employee submits a written application addressed to the manager with a request to postpone the vacation to an earlier or later date, justifying the reason for such a decision;
After agreeing on the issue with the employer, the personnel officer fills out columns 8 and 9 “Transferring vacation.”

To do this, in column 8, enter the name of the document on the basis of which the time period for granting leave has been changed.

Features of vacation division.

For how long vacation pay is paid, read here.

How leave is granted to working pensioners, read the link:

Important! These reasons are usually:

the employee's health status;
family situation;
and other circumstances.

Some employers do not require supporting documents to be attached, others insist - otherwise they provide leave according to the schedule.

Column 9 is intended to indicate the specific date of the proposed vacation. The tenth column, called “Note,” is used by personnel officers to indicate the reason why the vacation date was postponed.

ATTENTION! View the completed sample application for transfer of leave:

Scheduling vacations - common mistakes

The employer annually approves the vacation schedule for the next year at the end of the calendar year. Once approved, the schedule becomes mandatory for both the employer and the employee. But what should an employee do if his plans have changed during the year and he does not want to go on vacation from the date specified in the vacation schedule?

Indeed, in accordance with Article 123 of the Labor Code of the Russian Federation, the vacation schedule, after its approval, is mandatory for both the employer and the employee. This means that the parties are obliged to comply with it.

At the same time, the Labor Code of the Russian Federation does not contain a prohibition on transferring vacation to another period at the initiative of the employee for any circumstances.

How can I reschedule my vacation?

If an employee wishes to postpone the vacation to another date (either earlier or later), he needs to write a statement about this addressed to the head of the organization.

Here is an example of such a statement.

General Director of Zarya LLC

I.A. Nikolaev

from an accountant

Ivanova I.L.

Statement

I ask you to postpone the start date of the vacation scheduled for April 15, 2013 and give me a vacation on March 15, 2013 for 28 calendar days.

03/01/2013 Signature I.L. Ivanov

If the employer is not against postponing the vacation to another date, then an order is issued to postpone the vacation and provide vacation from the specified date.

But the employer may refuse the employee this request.

How can I change the vacation date planned by the vacation schedule?

If the employer does not agree with the transfer of vacation, the employee must use it according to the schedule.

Can an employer refuse to transfer their vacation to another date for all employees?

When deciding on the possibility of transferring vacation to another date at the employee’s initiative, the employer should remember that the Labor Code of the Russian Federation and other federal laws allow certain categories of employees to use vacation at a time convenient for them. These categories of workers are listed in the article “Who has the right to use vacation at a time convenient for them?” Upon receipt of an application from such an employee, the employer must grant his request.

Part-time workers are granted leave within the same period as for their main job (Article 286 of the Labor Code of the Russian Federation) (if leave for their main job is planned for a longer period than leave for a part-time job, the employer, at the request of the employee, must provide him with leave without pay wages for the corresponding duration). .

— Are all types of vacations included in the schedule? The schedule must include all annual paid leave (both main and additional).

The question often arises: is it necessary to include other types of paid leave in the schedule, for example, educational leave? This question can be answered as follows: study leave is targeted, therefore it has nothing to do with the vacation schedule.

Parental leave in the 2018 vacation schedule

At the same time, working on a part-time basis does not entail for employees any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights (Part 3 of Article 93 of the Labor Code of the Russian Federation). Thus, part-time work during the period of parental leave is included in the length of service that gives the right to annual basic paid leave.

Vacation schedule for parental leave

How to take into account vacations of employees hired after the vacation schedule was approved? In accordance with Part 2 of Article 122 of the Labor Code of the Russian Federation, such employees will receive the right to leave after 6 months of continuous work with this employer and will be able to apply for leave based on an application. In practice, HR specialists also often use an addition to the vacation schedule (a table that looks like the T-7 form, in which the data of new employees is entered), which is approved by the employer by order of the enterprise.

July, 2013 Is it necessary to include employees on maternity leave in the vacation schedule? THE QUESTION IS ANSWERED BY AN INTERCOMP EXPERT: Svetlana DomkinaManager of the Personnel Administration Department Parental leave is not included, but the employee himself is included in the vacation schedule.

The schedule must take into account all employees registered in this organization at the time the vacation schedule is developed.

An exception is made for certain categories of employees, for example: those working for the first year, whose right to use vacation for the first year of work arises after six months of continuous work in this organization; women - before maternity leave or immediately after it and in other cases provided for by federal laws.

Vacation schedule and parental leave

HR specialists often have difficulties in deciding whether it is possible to provide annual leave to a woman who is on maternity leave until the child reaches the age of 3 years and works part-time or at home (the right is provided for in Article 256 Labor Code of the Russian Federation). The Plenum of the Supreme Court of the Russian Federation in its Resolution No. 1 of January 28, 2014 “On the application of legislation regulating the work of women, persons with family responsibilities and minors” answered this question: “A woman on maternity leave with the retention of the right to receive benefits for compulsory social insurance and at the same time working part-time or at home, annual paid leave is not provided, since the Labor Code of the Russian Federation does not provide for the use of two or more leaves at the same time.”

Info

At the same time, the length of service that gives the right to leave includes the time the employee actually worked (Part 1 of Article 121 of the Labor Code of the Russian Federation). Current legislation directly allows for the possibility of an employee working part-time during the period of parental leave (Art.

107, part 3 art. 256

Labor Code of the Russian Federation).

Advice: the unique HR System calculator from the “Services” section will help you quickly and without errors calculate working years and vacation balances. Tip: employees who are on maternity leave or maternity leave can be included in the vacation schedule if desired.

However, in this case, the “Date of Leave” columns are left blank, and in the “Note” column it is indicated that the employee is on maternity leave or maternity leave.

It must be borne in mind that if an employee wishes to take annual paid leave before or immediately after maternity leave or at the end of parental leave, the employer will be obliged to provide such leave, provided that the employee is entitled to it, regardless depending on whether it is included in the schedule or not. This conclusion follows from the totality of the provisions of Articles 123 and 260 of the Labor Code of the Russian Federation.

Are extended annual basic holidays taken into account? For minor employees, the duration of the main leave is 31 calendar days in accordance with Article 267 of the Labor Code of the Russian Federation. For employees with disabilities, the duration of the main vacation is at least 30 calendar days in accordance with Art. 23

Federal Law of November 24.

95 No. 181-FZ “On social protection of disabled people in the Russian Federation” - Some categories of employees are entitled to additional paid leave (the right is provided for in Articles 116-119 of the Labor Code of the Russian Federation), for example: for irregular working hours; for work in the Far North and equivalent areas; employees engaged in work with harmful and (or) dangerous working conditions, etc. When drawing up a vacation schedule, the duration of the main and additional vacations must be summed up.

Therefore, all employees of the organization who, at the time of drawing up the schedule, are entitled to annual paid leave in the next year must be included in it. Employees who are on parental leave, maternity leave, or are just planning to go on this leave in the new year, in general, do not apply for annual leave.

This is explained by the fact that the law does not provide for the possibility of being on two types of leave at the same time. Moreover, a long period of parental leave is not included in the length of service that gives the right to annual leave (Article 121 of the Labor Code of the Russian Federation). Read more about vacations here: Reflection of other types of vacations, besides annual ones, in the schedule is unacceptable (Article 123 of the Labor Code of the Russian Federation).

Is it possible to change the order of vacations after the vacation schedule is approved, if neither the employer nor the employee objects? How to format this correctly?

“HR service and personnel management of the enterprise”, 2008, N 1

Question: Is it possible to change the order of vacations after the vacation schedule is approved, if neither the employer nor the employee objects? How to format this correctly?

Larisa Voznesenskaya, Smolensk

Answer: The Labor Code of the Russian Federation provides for equality of parties to an employment contract in terms of the provision of annual paid leave. Based on the norms of Art.

123 of the Labor Code of the Russian Federation, the priority of granting paid vacations is determined annually in accordance with the vacation schedule according to the unified form N T-7, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1.

The employer must draw up and approve this document no later than two weeks before the start of the calendar year. In this case, the point of view of the elected trade union body of the organization is taken into account.

When drawing up a vacation schedule, the employer is obliged to take into account the employee’s opinion regarding the start date of the vacation. The vacation schedule form provides special columns for entering the planned and actual start dates of the employee’s vacation. The employee must be notified of the start time of the vacation no later than two weeks before it begins.

At the same time, the vacation schedule is mandatory for both the employer and the employee, since it is drawn up not only so that the employer can comply with the requirements of labor legislation and plan the provision of vacations to employees from the point of view of production needs and the interests of employees, but also prepare for the payment of vacation pay .

With that said, it appears that rescheduling the vacation is not an option. However, Art. 124 of the Labor Code of the Russian Federation says the opposite. Therefore, if an agreement is reached between the employee and the employer to change the time specified in the vacation schedule, the provision of vacation in another period cannot be considered unlawful. In addition, it is important to formalize the deviation from the schedule properly.

Thus, if the initiator of changing the start time of vacation established in the schedule is an employee, then to change the planned date, an application from the employee and the consent of the employer to satisfy the employee’s request are required. Such consent is expressed in a resolution on the application.

An application to postpone a vacation is written in free form, observing all the details inherent in any application. For a sample application, see example 1.

Example 1.

I.I. Ivanov agrees with the postponement of leave for the General Director of Romashka LLC.

Ivanov Product Manager 01/22/2008 Sales Department

Petrova V.N.

Application for transfer of vacation

Please reschedule my vacation according to the vacation schedule from October 30, 2008.

Disagreement with changes to the vacation schedule

to November 12, 2008 for the period from February 4, 2008 to February 17, 2008 for family reasons.

Source: https://printscanner.ru/sostavlenie-grafika-otpuskov-tipichnye-oshibki/

Notifying employees about the vacation schedule

Article 123 of the Labor Code of the Russian Federation imposes on the employer the obligation to notify the employee of the upcoming vacation no later than two weeks before the start of the vacation. It should be remembered that the notification must be made in writing, and the notified employee must confirm this with his signature.

Otherwise, it will be considered that the employer has not fulfilled its obligation properly.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Therefore, the employer’s actions to notify the employee about the vacation schedule must comply with the following procedure:

The personnel officer draws up a vacation schedule before the end of the calendar year, having previously collected data on the desired time for a particular employee to go on vacation;
the vacation schedule is approved by the manager;
The personnel officer familiarizes employees with the approved vacation schedule, for which each employee signs a separate statement or familiarization sheet;
The HR officer notifies the employee of the upcoming vacation no later than two weeks in advance;
if the employee has not received an application to postpone the vacation, the personnel officer prepares a vacation order, which he submits for approval by the employer;
After signing the vacation order, the personnel officer transfers it to the accounting department for accrual of vacation pay and familiarizes the employee with the document.

Sample application for cancellation of vacation due to coronavirus

If an employee wants to refuse scheduled vacation due to the coronavirus epidemic, he must write an application to reschedule the vacation and submit it to the employer. Draw up an application in the usual form, indicating in it:

employer name;
position and full name of the employer's manager;
Full name, position and place of work of the employee;
the reason for postponing the vacation;
new dates (or new month) for its provision

The application is certified by the personal signature of the employee with the date of signing.

Sample application for cancellation of vacation due to coronavirus

If the initiator of the transfer is the employer, then the application in order to comply with the procedure provided for in Art. 124 of the Labor Code of the Russian Federation, you will still have to write to the employee who agreed to such a transfer.

What to do if an employee does not agree with the schedule

It often happens that an employee does not agree with the approved vacation schedule and does not want to sign for familiarization with it.

How the situation might develop in such cases:

the employer meets the employee’s wishes and makes appropriate changes to the vacation schedule;
the employer does not agree with the employee’s arguments - the vacation schedule does not change.

It should be noted that there is a separate category of employees who are granted leave taking into account their wishes. The employer has no right to ignore this.

If the employee does not have such privileges, he will have to obey and go on vacation according to the approved schedule. That is, the employee is forced to go on vacation.

Watch the video. Vacation. Procedure for provision. Working with the vacation schedule:

What to do with preferential categories

Preferential categories of employees are in a special position. Please note that benefits for disabled people do not apply to the priority right to rest at a time convenient for them. But the exception is made by disabled war veterans or persons who took part in hostilities (clause 17, clause 1, article 14 No. 5-FZ), who have the right to choose their vacation time and whose vacation is at least 35 days. Employees under 18 years of age go on vacation at their own request, and their vacation will be at least 31 days (Article 267 of the Labor Code of the Russian Federation).

Parents with a disabled minor child also plan their annual vacation time themselves (Article 262.1 of the Labor Code of the Russian Federation). Men whose wife is giving birth or has recently given birth are also entitled to leave at the desired time (Article 123 of the Labor Code of the Russian Federation). In this case, the employee’s wishes will certainly be taken into account when drawing up the vacation schedule, without affecting the time actually worked by him during the year.

When an employee (beneficiary) has the opportunity to choose the vacation date themselves, before drawing up vacation schedules, it is rational to ask them to fill out a questionnaire for the vacation schedule; a sample of the required application can be downloaded here.

Employer's liability

The employer has the obligation to approve the vacation schedule, familiarize employees with it, and notify the employee no later than two weeks in advance about the granting of vacation.

If for some objective or subjective reason the employer has not notified the employee in writing two weeks in advance of the upcoming vacation, this is a violation of labor legislation, which in turn gives the employee the right to refuse to go on vacation and postpone it to a later date convenient for him. him.

Remember! The employee must formalize his disagreement to go on vacation and reschedule it for another period in writing by writing and registering a corresponding application addressed to the employer.

Who has the right to vacation at a time convenient for him?

As noted above, labor legislation establishes a certain category of workers who are given the right to independently choose when to go on vacation.

This:

persons of minor age;
women who are pregnant;
employees who adopted children under three months of age;
employees who combine work with studying at higher educational institutions;
employees who did not fully use their next vacation;
persons who work part-time;
employees with veteran status;
participants of the Second World War and military operations;
liquidators of the accident at the Chernobyl nuclear power plant;
Heroes of Russia.
employees who are honorary donors of the Russian Federation.

Labor legislation does not prohibit an employer from independently setting vacations for its employees. However, he may not take into account their wishes. However, he is obliged to familiarize each employee with the approved vacation schedule, otherwise the Labor Code will be violated.

And this allows the employee to insist on providing leave at a time convenient for him.

Vacation schedule for parental leave

— Are there employees in the organization who have the right to receive annual leave before the expiration of six months of continuous work in the organization? In accordance with Part 3 of Article 122 of the Labor Code of the Russian Federation, for example, employees under the age of 18 have the right to early provision of annual leave; women - before maternity leave or immediately after it. July, 2013 Is it necessary to include employees on maternity leave in the vacation schedule? THE QUESTION IS ANSWERED BY AN INTERCOMP EXPERT: Svetlana DomkinaManager of the Personnel Administration Department Parental leave is not included, but the employee himself is included in the vacation schedule. The schedule must take into account all employees registered in this organization at the time the vacation schedule is developed. An exception is made for certain categories of employees, for example: those working for the first year, whose right to use vacation for the first year of work arises after six months of continuous work in this organization; women - before maternity leave or immediately after it and in other cases provided for by federal laws.

If the employee came in the middle of the year

The vacation schedule is drawn up no later than the beginning of the next calendar year. If an employee is hired in the middle of the year, then naturally he will not be included in the vacation schedule. However, this circumstance is not a reason for not providing the employee with leave.

Typically, such an employee writes an application for leave indicating the time it will be granted, when it is convenient for him. If the employer agrees, the employee will go on vacation. If agreement is not reached, leave must be granted within the period specified by law.

It should be borne in mind that labor legislation does not provide for changes and additions to the vacation schedule. This issue is left to employers. He will do as he sees fit.

However, as practice shows, when hiring new employees, an additional schedule is drawn up for them in the T-7 form in compliance with the familiarization procedure.

Watch the video. How to create a vacation schedule:

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Let's sum it up

Labor legislation allows for the possibility of changing the planned dates of the next vacation. The reasons for the transfer are divided into those mandatory for the employer and those for which he has the right to refuse the employee.
The coronavirus epidemic is considered an emergency. However, such a basis is not provided for as a mandatory basis for postponing vacation in labor legislation. Therefore, due to the coronavirus, refusal of vacation is possible only by agreement between the employee and the employer.
An application for refusal of leave (with transfer to another period) is drawn up in the same way as any application for transfer of leave. The only difference is in the description of the reason.

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