The vacation schedule is adopted at a meeting of the workforce or trade union committee
Taking into account the opinion of the elected body of the primary trade union organization (if there is one), the vacation schedule must be approved no later than 2 weeks before the start of the calendar year. The annual vacation schedule for employees is approved and signed.
Dismissal of employees who are members of a trade union organization as a result of reduction is carried out only on the basis of a trade union motivated opinion in accordance with Article 373 of the Labor Code of the Russian Federation.
Approval of the procedure for applying the rotation method, Part 4, Art. 297 Labor Code of the Russian Federation Increasing the duration of the shift, Part 2, Art.
When the union’s opinion is negative or contains proposals on the document, the employer agrees to the amendments or holds a consultation with the elected body within three days. Nizhny Novgorod and the Nizhny Novgorod region and, as a result, carrying out measures to reduce the number or staff of employees, we ask you to pay attention to strict compliance with labor legislation in this part.
The union did not agree with the proposed draft vacation schedule or proposed changes to it that were unacceptable to the employer.
In the event that within a week after sending the documents to the trade union, the union does not express its opinion or express consent, the employee is dismissed. If the union does not agree with the dismissal, additional consultations are held. The union can appeal the final decision in court or the State Tax Inspectorate.
It all depends on whether this approval of the trade union committee is provided for by local acts of the university. And if this is provided for, then such a transfer for approval is completely legal, Article 8, 135 of the Labor Code of the Russian Federation. Therefore, you must first study these local acts.
A trade union is a public association of company employees, created on a voluntary basis to protect their social and labor rights and interests. The trade union is independent from the administration of the enterprise (clause 1, article 2, article 5 of the Federal Law of January 12, 1996 No. 10-FZ).
Negative opinion
If a motivated opinion
trade union committee is negative or contains proposals for improving the local act, then in the specified document the trade union must justify its position and give an opinion on the presented draft document. In this case, the employer may agree or disagree with the motivated opinion of the trade union.
If the organization agrees with the reasoned opinion, the manager approves the local normative act in the wording proposed by the trade union committee.
If the employer does not agree with the position of the trade union committee, then he must conduct additional consultations with the trade union in order to achieve the optimal solution. This must be done within three days after receiving a reasoned opinion. If as a result of consultations disagreements are not resolved, then a protocol of disagreements
.
An employer may adopt a local regulation even if the parties do not reach an agreement. In this case, the trade union committee has the right to protect the rights of employees and appeal the adopted document to the labor inspectorate or court.
This is stated in parts 3 and 4 of Article 372 of the Labor Code of the Russian Federation.
Coordination of the vacation schedule with the trade union
A motivated opinion is the opinion of a trade union, which is based on the norms of labor legislation and the practical qualities of a particular employee.
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 in the manner established by Article 372 of this Code for the adoption of local regulations. After the manager has received back the document sent for approval to the trade union, he approves and signs it. If there are corrections, he may agree with the comments of the union representatives, or conduct additional consultations in order to resolve controversial issues.
In this case, the organization has the right to independently determine the procedure for taking into account the opinion of the trade union body and reflect it in a local regulatory document (for example, in a collective agreement). In this case, the employer has the right to use the approval procedure provided for in Articles 372 or 373 of the Labor Code of the Russian Federation (depending on the decision that needs to be agreed upon with the trade union).
Positive opinion
A trade union has been created in the organization. In January, she developed a draft Regulation on remuneration. On January 18, the draft document and its accompanying letter were sent to the trade union committee for approval. On January 22, the trade union committee sent a reasoned opinion to the organization regarding its agreement with the draft local regulatory act. On January 25, the Regulations on remuneration were adopted and approved by the head of the organization, taking into account the opinion of the trade union body.
What inscription should I put if there is no trade union committee?
The organization draws up a vacation schedule. Should the opinion of the trade union body be taken into account when drawing up this document, or can the vacation schedule be approved without regard to the trade union? When and how will the trade union organization express its opinion on the vacation schedule submitted for its consideration? What to write in the vacation schedule about the opinion of the elected trade union body?
One part of this leave must be at least 14 calendar days. It is possible to agree on the use of vacation in parts both before drawing up the vacation schedule and after drawing it up. This follows from the provisions of Part 1 of Art.
Secondly, the vacation schedule is a local regulatory act of the organization, which must be coordinated with the trade union committee (Art.
In this case, the employer has the right to use the approval procedure provided for taking into account the opinion of the trade union (depending on the decision that needs to be agreed upon).
Secondly, the vacation schedule is a local regulatory act of the organization, which must be coordinated with the trade union committee (Art.
Despite the fact that now coordinating the vacation schedule with the trade union is not as important as before, its presence at the enterprise obliges management to take their opinion into account.
During the calendar year, the person responsible for maintaining the vacation schedule fills out columns 7–10 of the table of the unified form No. T-7. NA No. 2'2005 The shelf life of the schedule is one year (Article 356, Section 8 of the List of standard management documents generated in the activities of organizations, indicating storage periods, approved by Rosarkhiv on 10/06/2000).
In the current economic situation, employers are trying to reduce labor costs as much as possible, including by laying off employees. The employer must notify the trade union of the planned layoff.
The State Labor Inspectorate, upon receipt of a complaint (application) from the elected body of the primary trade union organization, is obliged to conduct an inspection within one month from the date of receipt of the complaint (application) and, if a violation is detected, issue the employer an order to cancel the specified local normative act, which is mandatory for execution.
If a trade union has been created in an organization, this in itself does not mean the need to take its opinion into account when adopting local regulations. The right to express such an opinion is granted only to those primary trade union organizations that represent the interests of all or the majority of workers (that is, they must unite more than 50 percent of the organization’s employees).
How does the approval procedure work?
The date of transfer of documents to the trade union committee must be recorded, since the calculation of the period for the union to provide a reasoned opinion depends on it. To do this, when delivering documents, you need to receive written confirmation from a trade union representative (for example, put the appropriate mark on a copy of the letter kept by the employer). If the disagreement of the trade union body is not resolved by the articles of the Labor Code of the Russian Federation, then you can be guided by the head of the Labor Code of the Russian Federation “Social Partnership” when petitioning the manager for something. For example, in order to provide a single mother raising a child under 14 years of age with part of the vacation at a time convenient for her (which is not provided for by the Labor Code of the Russian Federation), etc.
The labor inspectorate, within 10 days from the date of receipt of the complaint, considers the issue of dismissal and, if it is declared illegal, issues a binding order to the employer to reinstate the employee at work with payment for forced absence. The organization has the right to appeal such an order in court.
- This is stated in parts 3 and 4 of Article 373 of the Labor Code of the Russian Federation.
- Situation: how can an organization take into account the opinion of the trade union if the procedure for such approval is not established by law (for example, when involving employees in overtime work)?
- The Labor Code of the Russian Federation provides for cases when the employer is obliged to make decisions taking into account the opinion of the trade union. However, the procedure for such approval is established only for the following cases:
That is, in the first case, the organization must take into account the opinion of the trade union if it exists in the organization. Moreover, if the organization does not have a trade union, and the interests of employees are represented by another representative body (authorized representative), then it is not necessary to take into account its opinion.
For example, when drawing up shift schedules, the employer must take into account the opinion of the representative body in the manner prescribed by Article 372 of the Labor Code of the Russian Federation (i.e.
Drawing up a vacation schedule and taking into account the opinion of the elected body of the primary trade union organization (if there is one) takes some time, so the preparation of this document must be started in advance.
The project complies (does not comply) with the requirements established by articles ______ of the Labor Code of the Russian Federation (other regulations), paragraphs ______ of the collective agreement.
In practice, most often, all interested parties participate in drawing up vacation schedules, including employees, their immediate supervisors, heads of structural divisions, and personnel departments.
Accounting procedure
The procedure for taking into account the opinion of the trade union when adopting local regulations
includes several stages.
First, the organization sends to the trade union committee:
- draft local regulatory act (for example, Regulations on remuneration, collective agreement);
- justification for the project (explanation of why it is being adopted and how the interests of employees are taken into account) (Part 1 of Article 372 of the Labor Code of the Russian Federation). The justification can be presented, for example, in the form of a cover letter
.
This is stated in Part 1 of Article 372 of the Labor Code of the Russian Federation.
The trade union committee must review the draft local regulatory act and develop a reasoned opinion on it in writing. Depending on the decision made, the document may contain:
- agreement with the proposed draft local regulatory act;
- proposals for its improvement;
- negative opinion on the draft document.
The trade union must send a reasoned opinion to the employer no later than five working days from the date of receipt of the draft.
This is stated in Part 2 of Article 372 of the Labor Code of the Russian Federation.
Advice
: in order to meet deadlines and eliminate possible disagreements, register a cover letter, a reasoned opinion in the logs of incoming and outgoing correspondence.
Examples of mistakes when leaving a vacation schedule
The vacation sharing agreement can be reviewed by agreement. In general, the parties do not have the right to renounce it unilaterally.
Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment From the answer “How to take into account the opinion of the trade union” Situation: In what cases is the organization obliged to take into account the opinion of the trade union? The trade union represents the interests of the organization’s employees through its elected body (trade union committee) (Art.
How should the trade union committee's agreement with the schedule be formalized? If there is a trade union, the column “Opinion of the elected trade union body” must be filled in, and the date and number of the reasoned opinion of the elected trade union body must be indicated. It is clear that the date of approval of the document must be within the time allotted to the organization for drawing up a vacation schedule.
The vacation schedule is signed by the head of the HR department, which means that it is the HR department employees who are responsible for its preparation and execution.
The Instructions for the application and completion of forms of primary accounting documentation for the accounting of labor and its payment, approved by the said resolution, contain the rule that when drawing up a vacation schedule, the provisions of the current legislation, the specifics of the organization’s activities and the wishes of employees are taken into account.
Important In this case, individual documents can be drawn up in any form, for example, questionnaires, questionnaires, statements.
There is no approved form of a reasoned opinion, therefore the trade union committee can present it in the form of any written document (extracts from the minutes of the meeting, a separate document, etc.). The employer's further actions depend on the opinion expressed by the trade union.
Reasoned opinion of the trade union on the approval of the vacation schedule for 2019
If agreement is not reached, the disagreements that arise are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate or to the court.
The Labor Code provides every opportunity for this, because the order of granting vacations is determined by the employer (Article 123 of the Labor Code of the Russian Federation). In order to avoid disputes and disagreements with employees, the procedure for determining the priority of vacations should be prescribed in a local regulatory act (PVTR or collective agreement).
After specific vacation dates for employees have been agreed upon with the administration of the enterprise, a vacation schedule is filled out. For more information on how things go with agreeing on vacation times with employees, see “The vacation schedule indicates all vacations of full-time employees for the coming year.
