Preparation of an order on the vacation schedule
Every employee has the right to paid leave once a year. This norm is prescribed in labor legislation. At the same time, the obligation to provide it is imposed on the employer.
Often employees do not go on vacation, and employers remain silent. Although the law states that non-provision of leave cannot be carried out for two years in a row.
An effective way to send employees on vacation is to create a schedule. Based on the document, employees are informed about the number of vacation days and the procedure for using them. The order on the vacation schedule must be drawn up in a timely manner in accordance with certain requirements.
Who must sign the vacation notice?
Not in all cases the signature of the formal general director is required. In accordance with Article 124, it is the formal director who affixes his signature to the document being described. But in some situations, the head of the organization does not have the opportunity to independently perform these registration actions. Therefore, internal organizational acts provide for the possibility of signing notifications, as well as internal orders, by other authorized persons. In most cases, these registration actions are entitled to be carried out by the head of the internal personnel department.
This circumstance will not affect the position of the employee himself. The most important thing is that the document he receives contains the proper seal and signature of any authorized person. It is advisable to keep the received document until the actual moment of dismissal. In case of disagreement, it can be significantly useful for each staff unit.
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.
Compilation rules and structure
Not a single current regulatory act that currently regulates the procedure for drawing up a vacation notice, with the exception of the timing of its preparation and delivery to the employee, provides rules for its execution.
There are no requirements as to what exactly should be indicated in the text of the document, with the exception of the general period of the leave itself in calendar terms, as well as those calendar dates within which such leave will be granted.
The structure of the notification is divided into the following parts:
- address part , which indicates data about who exactly such a notification is issued to;
- content part , which indicates the necessary information to recognize such a notification as valid and in compliance with the requirements of current legislation;
- part dedicated to the signatures of the employee of the personnel department and the employee himself , confirming the authenticity of this notification.
This is important to know: How the vacation period is calculated: the methodology for calculating vacation pay
As for the rules for drawing up a notification, it must include the following information:
- to whom exactly such a notice is given (data of the employee that will allow him to be identified as the recipient of the document);
- information that he is granted leave according to a previously drawn up schedule;
- information on which calendar dates vacation is granted;
- information about the date of the notification.
Indication of other information is carried out at the discretion of the employee of the personnel department or the head of the organization.
The notification is drawn up on the organization’s letterhead and is carried out in two copies.
What to include in your vacation schedule for 2020
The schedule records the exact dates when the employee will rest. If new employees join the company in 2020, they will receive the right to leave after working in the organization for six months (Article 122 of the Labor Code of the Russian Federation). The legislation does not require changing and supplementing the approved and valid document in this regard. It is enough for a newcomer to write an application, and for the employer to issue an order. But it is more convenient to supplement the schedule with information about vacations of new employees. Then it will be immediately clear how many days the employee took off during the year, whether there were transfers and reviews from vacation. But what kind of entry should be made in this case?
For new employees, you can fill out a separate schedule and put in it the date when the new employee applied for leave. And also indicate that it is an appendix to the schedule for 2020. Then make a note in the original schedule about the presence of the application.
All company employees must be familiarized with the vacation schedule. However, the legislation does not say how to do this. Therefore, the order can be set at your discretion. This follows from parts 1 and 2 of Article 123 of the Labor Code of the Russian Federation.
The safest option is to familiarize yourself with signature. This way you will insure yourself against the fact that an employee refuses to go on vacation within the period set for him. You can:
- 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 schedule, in which each employee will indicate the date of familiarization with the document and sign.
Estimate:
Award rules
Since the employee is granted leave in accordance with the schedule, a corresponding order is issued in advance. The notification is prepared on the basis of such an order. It acts as a familiarization sheet with the order itself, and the text of the notification may contain a reference to the identifying details of the order (issue date and assigned number).
If for some reason he is not at his workplace and it is not possible to hand over this document personally (the employee is on a business trip or on sick leave, for which there are relevant supporting documents), the notification must be given to the employee by sending it by mail to in the form of a registered letter with acknowledgment of delivery. In this case, the document itself must be sent by mail in advance so that the date of delivery of the letter (which is reflected in the notification of delivery) corresponds to the two-week period established by the Labor Code of the Russian Federation for such notification.
If the employee did not sign the second copy of the notification, or the letter sent by mail was not delivered to him, then it is considered that proper notification did not occur. The result is that the vacation is postponed to other dates, and its position in the schedule for the next year may be changed.
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Vacation schedule
Drawing up a vacation schedule is a mandatory procedure for employers. It is provided for by the provisions of Art. 123 of the Labor Code of the Russian Federation, which points to it as the main document defining the procedure for sending employees on annual paid leave. At the same time, this document is as binding for the employee as it is for the employer.
Read more about making changes to the vacation schedule in the following articles:
- We postpone vacation due to production needs
- Will employees with children have the right to leave at a convenient time?
- When to extend or reschedule vacation due to illness
The need to draw up a schedule is determined primarily by the organization’s need to competently plan the production process in order to avoid serious disruptions in it while key employees go on vacation.
Download documents on the topic:
In addition, when drawing up a vacation schedule, the following factors must be taken into account:
- technological features of production;
- the nature of the distribution of responsibilities between workers and the degree of intensity of their participation in various phases of the production process;
- the presence of seasonality in the organization’s work;
- other specific characteristics of its activities.
In addition, the employer can also take into account the wishes of employees regarding the dates for granting leave.
However, current legislation does not oblige him to take this information into account. But if the company has an active trade union organization, the opinion of its members must be taken into account when drawing up a vacation schedule
Vacations reflected in the schedule
When planning to draw up a vacation schedule, the employer must keep in mind that it reflects only the following types of rest provided to the employee:
- regular basic paid leave;
- additional paid leave provided for in Articles 116-119 of the Labor Code of the Russian Federation and other regulations;
- paid leave not used by the employee last year and therefore transferred to the next calendar year (if necessary).
Thus, other types of leave, including maternity leave, personal leave or parental leave, are not included in the schedule. But for employees who plan to use different types of leave in the next calendar year, there is a special procedure for recording the relevant information in this document.
Vacation scheduling
The development of the vacation schedule is carried out entirely for the next calendar year at the end of the previous one. This document must be finally approved no later than December 17 of the ending year. Such a schedule is approved personally by the head of the organization, but it must be signed by the head of the personnel department. Registration of the schedule in companies that use unified forms of documents in their work is carried out using form No. T-7. Other enterprises can use their own forms for this document.
Reference
Familiarization with the contents of the vacation schedule
As for familiarizing yourself with the contents of the schedule, it’s not so simple. This is due to the fact that its legal status is not defined in the current legislation. Some personnel service workers believe that it does not relate to local regulatory documentation, but is an organizational and administrative document. Others still view it as a local regulatory act, which implies requirements for the procedure for familiarizing employees with it. Read our material to understand which option is closer to you.
Sending an employee on vacation according to schedule
An employee whose next paid vacation is approaching must be notified in writing of the specific start date no later than two weeks before it begins. This procedure is established by Art. 123 Labor Code of the Russian Federation. The procedure for such notification is determined by the employer independently, and the range of possible options for this situation is quite wide. For example, you can use for these purposes the unified forms approved by the Resolution of the State Statistics Committee of the Russian Federation of January 5, 2004:
for form No. T-6 - draw up an order in advance to send the employee on the next paid leave and familiarize yourself with its contents two weeks before the start of the leave; for form No. T-7 - supplement the standard form with a column in which the employee signs that he was duly notified of the upcoming start of vacation, and puts down the date of such notification.
We talk about what options companies that refuse to use unified forms can use in this article.
Ways to familiarize the addressee with the notice
As a rule, the notice of grant of leave is delivered personally to the addressee. However, if an employee is absent from the workplace for some reason, the document can be sent, for example, by registered mail with acknowledgment of receipt.
IMPORTANT! The date of notification will be considered the date when the employee of the organization received the document.
The legislation does not establish a specific form of notification of the start of vacation. The company's management has the right to notify employees of the upcoming vacation both orally and in writing, observing the following conditions provided for in Art. 123 Labor Code of the Russian Federation:
- The employee must be notified in advance.
- The fact of notification must be confirmed by the employee’s signature.
According to the letter of Rostrud “On the deadline for payment of vacation...” dated July 30, 2014 No. 1693-5-1, the employer can independently choose the method of informing employees about the upcoming vacation.
For example, you can start a special journal. Notification of an employee about scheduled leave, sample and record in it every fact of notification to employees. In this case, the employee must sign directly in the journal.
Also, a notification note may be contained in the organization’s order to grant leave. It is important to take into account that the date of notification will be considered the day when the employee signed the document.
The employer can also include information about the notification in the organization’s vacation schedule. To do this, he must supplement the document with columns to reflect information about the notification and signatures of employees.
Another common option is written notice in the form of a separate document, which is issued to each employee individually. It is printed on paper in 2 copies. Both are marked with familiarization and signed by the employee, after which one copy remains with the employee, the other in the organization.
Vacation schedule draft form | Leave notice log form |
How to draw up an order for a vacation schedule
Form T-7 is used to draw up the schedule. But the employer has the opportunity to independently, at his personal discretion, introduce a schedule form
It is important that it contains the main columns of the document
There are six required fields:
- The first section specifies the structural unit in which the employee works.
- The second column reflects information about the specialist. These include positions according to the staffing table.
- The third column contains the last name, first name and patronymic.
- The fourth section indicates the personnel number.
- The fifth column is necessary to indicate the number of vacation days (calendar) that the employee can claim. The splitting of leave is indicated separately (if the employee wishes and the employer has permission).
- The sixth column contains the start date of the employee's vacation.
After drawing up the document, it is certified by the management of the institution. Next, employees get acquainted with the signed document.
Additionally, columns can be entered indicating the actual date of departure of the employee, layering vacations for two years on top of each other. If in one period an employee goes on vacation for the previous period, then a note is made in the schedule.
In order to understand the possibility of taking two years' leave, it is worth considering an example. The employee was hired on July 25, 2018. His first working year ends on July 7, 2020, and the second on July 7, 2020. If he takes vacation in May 2020 (for the first year) and November 2020 (for the second year), he can take two vacations.
We reflect information about vacation in a personal card
If the employee went on vacation in advance, then the schedule indicates the absence of calendar days for the upcoming period.
To approve an order on a vacation schedule, you can use two methods. In the first case, the manager personally signs the document, and in the second, an order is issued to the organization.
The first method involves affixing the boss's visa in the upper right corner of the document. The second option is to create an order approving the vacation schedule, which will be an attachment.
How to draw up an order to amend the vacation schedule
There is no standard form for such an order. The company has the right to compose it arbitrarily, on company letterhead.
At the top of it, the full name of the company, date and place of registration are indicated. Next, write down the word “Order” and enter its serial number. Below is a short title of the document, for example, “On the transfer of annual paid leave.”
Then comes the introductory part, which indicates the reason why it was decided to reschedule the vacation date. For example, “Based on an application to postpone vacation…” or “In connection with the commissioning of a new machine based on the consent of the employee...”.
Next, the word “I order” is written, after which the orders are stated point by point:
- An indication of the postponement of the start date of the vacation, indicating from which date it is postponed and to which;
- Instructing the HR specialist to make appropriate changes to the vacation schedule.
The order to amend the vacation schedule is approved by the head of the company. Below it, the employees mentioned in it must sign it and indicate the date of review.
>What are the rules for registering and making changes to the vacation schedule? Let's understand the nuances
Notification of scheduled leave sample
A notice of granting leave to an employee, a sample of which is presented in writing, is the best way to notify the employee. The employer will be able to comply with legal requirements and, if necessary, provide evidence of timely notification. We must not forget that the employee is obliged to put his signature. Without it, the document is considered invalid, since the fact of familiarization with it cannot be proven.
A sample leave notice may include:
- name and document number;
- name of company;
- date of publication of the notice;
- name of the employee's position;
- surname and initials of the employee;
- start and end date of rest;
- number of calendar days.
If you need to draw up a notification about the start time of vacation, a sample can be downloaded.
If necessary, the document can be supplemented with other information at the discretion of the manager or HR specialist. Whatever the format of the notification, it is considered correctly prepared or executed if there is an employee’s signature and the start and end dates of the required rest. In addition, it must bear the signature of the head of the organization.
Often, employees of an organization refuse rest in favor of compensation, while continuing to work according to the established schedule. In this case, you need to draw up an act that reflects the fact of timely notification of the granting of leave, as well as refusal of it. It should be noted that not all categories of workers can work without the rest required by law.
If a sample notice of the beginning of annual paid leave was served, but the employee expressed a desire to receive compensation, he must submit a corresponding application. The employer must read it and, if he agrees, sign it.
How to notify an employee
To notify the employee about the upcoming vacation, you need to make 2 copies of the document . One is issued to the employee, the second must be at the enterprise. A personal introduction is required. Each employee is given notice in writing. There are several ways to find out about vacation time for employees:
- In personal communication with a HR specialist;
- While reviewing the rest order;
- When drawing up a vacation schedule, employees sign the statement form, thereby expressing the fact of familiarization;
- In a department, an employee can sign the work log of the department head.
To register notices, a special document journal is created.
What to do if an employee does not sign a document
If the worker does not express a desire to go on vacation during the designated period and does not agree to leave a signature, it is necessary to solve the problem in one of the following ways:
- In peaceful way. The manager is obliged to talk with the employee and find out why he does not agree to go on vacation. With a reasonable explanation of his refusal, the requirements are corrected. This may be an error when drawing up the document, or an incorrect indication of the period.
- If the issue is not resolved peacefully, an act is drawn up indicating the refusal to sign the notice. If such a document is available, the employer will forcibly send the employee on vacation. At the same time, he will not commit any unlawful or illegal actions.
The act of refusal to sign the paper is drawn up by the HR department. For the document to be valid, the text is read aloud to the employee in the presence of 2 witnesses. The employee must also write an explanatory note detailing the reasons for his refusal.
Do I need notification of the start of vacation?
This notification is required by virtue of the provisions of Article 119 of the Labor Code. The name of the upcoming vacation for filling out the notice does not matter - paid by the organization, or independently. Moreover, an employee will not be able to legally go on vacation without being informed about its beginning. Therefore, immediately after receiving the completed application, the General Director ensures that the employee is promptly informed of such data.
The imperative need for such a document is to respect the interests of the conditional employee. Without receiving such data, and going on vacation, he, in fact, is acting illegally. For violation, the employee may be subject to serious sanctions. We will be talking about actually uncoordinated truancy. And this is one of the grounds described in Article 81 of the Labor Code of the Russian Federation.
How long in advance must an employee receive notice of the start of vacation?
Article 124 of the Labor Code of the Russian Federation indicates two weeks. The next annual leave in fact can be of any duration, but the employee is notified of its start for the specified period in advance. In practice, it is allowed to inform about the beginning about a week in advance, which does not constitute any violation. In this case, labor dispositions are of a recommendatory nature, which can be partially observed.
Some organizations do not keep a schedule at all, so they have problems providing legal rest. The employee must finish previously started tasks and freely go to rest for the allotted time. This is why you need to inform about the start of the vacation period.
Additional measures
Any enterprise must have a special magazine. It stores data about which notifications were issued and to whom.
There are these types of messages:
- about the beginning of the reorganization;
- on the preparation of explanatory notes;
- on transfers of employees to other departments;
- that the working conditions have been changed;
- about granting leave.
Initially, you should fill out the title side of the document.
Name of institution | In this case, the official full name and possible abbreviations are indicated in brackets. |
Title of this document | It should also be given a name. |
Dates | The “title” indicates both the start time of keeping the journal and the end date of its completion. This will help you find information for a certain period of time. |
Next, information is entered about the company employees who are responsible for filling out the log and recording notifications.
Most often, organizations use a template with the following template positions:
- name of paper;
- Date of preparation;
- number assigned after registration;
- excerpt of the notification text;
- position and full name of the employee to whom the notification was assigned;
- date of review of the paper;
- data on the employee’s reaction to this document.
Journal sheets must be printed and numbered. It is mandatory to stitch all sheets. The management of the institution must sign the document and put a stamp on it.
To do this, you need to set aside a special place for the archive, where similar papers will be stored. In case of termination of business activity, archival documents should be submitted to the territorial archive. You will need to find out the procedure for this procedure there.
In 2020, notices are provided as normal for most employees. But there are categories of positions that affect the design of this paper.
If the worker has not earned vacation in full, then the days that are missing are added at the expense of the employee himself - i.e. are left unpaid. How many days of vacation you will be paid for depends on the hours worked. Since the part-time worker is himself interested in the coincidence of vacation dates with his main place of work, there is no need to draw up a separate notice for him.
But there are situations when a part-time worker did not provide the necessary information about the start and end dates of his leave at his main place of work. Then the accountant calculates vacation days according to the schedule in the general manner. In this case, drawing up a notification is mandatory. And it should be presented, like other employees, two weeks before the start of the vacation. This will protect the company from possible problems from a legal point of view.
As for the general director, labor legislation does not provide for differentiation of employee levels by position. Therefore, the processing of notifications about upcoming vacations will be the same for all employees of the organization.
The director must also be notified of the leave two weeks before the start date and sign the appropriate document. In this case, it is possible to issue a leave order and notification at the same time. So signatures will also be added at the same time.
Sample of filling out a notification about the start of vacation
How to process an employee’s application
If the initiative to make changes to the current schedule comes from an employee, then it is imperative to obtain a written statement of the request. Usually this is a statement indicating a wish to postpone vacation dates to another date, as well as a reason for this action.
For example, having received an application for a transfer due to sick leave, the employer has the right to refuse, since there is an alternative - simply extend the vacation time. The Labor Code of the Russian Federation reserves the right for the director to resolve this issue.
If the employee filed the application in connection with the employer’s violation of duties, for example, he did not notify 2 weeks in advance about the start of the vacation, then there cannot be a refusal. An order should be made immediately.
The order form is free, preferably on company letterhead. The form is standard and includes a number of mandatory details of administrative documents:
- name of the enterprise;
- name of the form;
- date of its registration;
- location of the organization;
- assigned number;
- basis for compilation;
- administrative component;
- director's signature;
- introductory signature of responsible persons and employees in respect of whom changes are made to the vacation schedule.
When issuing an order to make adjustments to the T-7 schedule, you need to pay attention to the basis and main part of the document. The reason for corrections and transfer of vacation dates is written at the bottom.
The main part contains a list of orders to be executed
The reason for corrections and transfer of vacation dates is written at the bottom. The main part contains a list of orders to be executed.
The order's instructions include:
- To postpone the start of the annual leave of specific employees to another date - explanations are given on the duration of the postponed rest and dates.
- Make changes to the schedule - its number and date are given.
- Appoint someone responsible for execution.
Sample when transferring due to sick leave
Below is an example of an order for downloading.
Please note that the order must bear the signatures of the following persons:
- directors,
- an employee whose leave is subject to adjustment;
- responsible persons who are entrusted with making changes to the schedule and monitoring execution.
Reasons
Employee initiative
If a hired worker needs to postpone his vacation to another date, he must first agree on this issue with the company management.
The Labor Code of the Russian Federation does not prohibit postponing vacation to another period if an appropriate management order is issued.
Employer initiative
Often, the main reasons for the direct employer’s initiative to postpone an employee’s vacation may be:
- the emergence of urgent work that only a certain employee can fully cope with;
- rapid reorganization of the enterprise;
- possible commissioning of new modern equipment or updating of software that a specialist going on vacation during this period will have to work with in the future;
- possible illness of the head of the workshop or department who is to be replaced by the employee;
- immediate unscheduled inspection by various regulatory authorities;
- the occurrence of sudden business trips.
In any case, it is necessary to remember one important nuance: transfer at the initiative of the employer is possible only with the prior consent of the employee. Moreover, this is clearly enshrined in the Labor Code of the Russian Federation
Hiring a new employee
If new employees are hired into the organization during the calendar year, there is no need to change the vacation schedule.
This is largely due to the fact that the employer has every right to provide the required vacation days at any time after continuous 6 months of work. An additional condition for granting leave is considered to be the absence of damage to the organization.
If the company’s management decides to document this process, then it will be enough to create an additional appendix to the approved vacation schedule.
Moreover, in the “Notes” column it is necessary to indicate the period for hiring a new employee.
Last name change
If an employee changes his last name, he must notify the HR department about this.
Moreover, to correct his personal documentation, it will be necessary to draw up a corresponding application.
Based on the submitted application, the vacation schedule will be adjusted. More precisely, his last name will be changed, nothing more.
Transferring family leave
Leave for family reasons can be postponed on the basis of an application submitted by the worker and a signed corresponding order from the company management.
Based on the generated order, entries in the vacation schedule will be adjusted.
The applicant must be notified of the new schedule.
Due to sick leave
If we are talking about extending vacation on the basis of a worker’s illness, then there is no need to make any changes to the vacation schedule.
The only thing you need to remember is that you need to indicate the details of your sick leave in your vacation schedule.
If we are talking about postponing vacation, then this is possible on the basis of a sick leave certificate and a corresponding order from the company management.
Dividing your holiday into parts
According to Article 125 of the Labor Code of the Russian Federation, vacation has the right to be divided into parts. However, this is possible only with the agreement of the organization’s management.
Moreover, the part that is subject to “blocking” itself is the part whose duration is more than several weeks.
The basis for the division into parts is a written application from the employee.
After submitting an application, changes are made to the vacation schedule.
Change of position
When a position changes, adjustments to the vacation schedule are possible based on an order from the company management with prior agreement with the hired employee.
Changes are made by changing the position of the hired worker.
Dismissal of an employee
If the worker decides to take his allotted vacation and then immediately quit, then this fact must be noted in the vacation schedule.
This possibility is provided on the basis of an application provided by the employee and an approved order.
If the employee did not have time to take time off, he is entitled to monetary compensation. In this case, the vacations of other employees may be modified with their written consent.
Changing the number of days off
If an employee expresses a desire to split his vacation into parts, this is permitted on the basis of his written application and an approved order from the company’s management.
It is important to remember: the duration of one of the parts of the vacation cannot be less than 14 calendar days
How to write a notification about changing the number of vacation days
Yes, it is a difficult situation for a personnel officer when the company’s management decides to reduce some of the additional vacations for its employees. Such a change is legal only if the adjustment complies with labor standards. Most often, this situation occurs quite often now, if the company previously adopted additional deadlines that were increased relative to the basic requirements. recreation. Often, both employees and personnel officers perceive this as a deterioration in working conditions, and according to the law, this is unacceptable.
But we note that this is strictly applicable only to those points that are regulated in the Labor Code. Therefore, if the number of days was first increased by internal company regulations and then brought into line with labor standards, then this is not considered a violation. This is simply a return to the status quo.
Thus, if the period for additional leave, for example, for an irregular working day, is established by law at three days a year, if by the will of the employer this period was previously increased, then a return to three days will not be considered an infringement of the rights of personnel. A similar situation occurs when working conditions are reassessed, etc.
The main thing here is to follow the procedure and deadlines for notifying employees to whom the new vacation conditions will apply:
- The first step is to notify all interested employees 2 months before making adjustments. This is established in the second part of Article 74 of the Labor Code of the Russian Federation. The instrument here is a corresponding notification about a change in the number of days of the vacation period, or more precisely, about a change in the terms of the contract.
We notify the employee about amendments to the employment contract - To do this, you need to issue an order reflecting the adjustments.
- After notification, in accordance with Article 72 of the Labor Code of the Russian Federation, as well as Rostrud’s comments given in letter No. 1904-6-1, the employer must sign an additional agreement with the employee to the employment contract, where one paragraph must reflect a specific clarification on a certain clause of the contract. The format of the agreement is not set, so it can be prepared and concluded in a convenient form. In this matter, you only need to take into account that the supplementary agreement is an integral part of the employment contract, therefore it is drawn up in two copies. One is for the employee, the second (with an employee visa) is determined in the personal file of the working person.
It is important in this case: when the increased vacation period was fixed in count. agreement, then clarifications must be made to the local regulatory act. This implies the requirement of Article 50 of the Labor Code of the Russian Federation, which requires mandatory notification registration of a specified document with the labor inspectorate.
Order to amend the vacation schedule
To transfer vacation in the vacation schedule, choose one of two options:
- prepare changes to the vacation schedule and re-approve - taking into account new employees and those who quit;
- create additions to the schedule. To do this, it is permissible to use the unified form No. T-7, renaming, for example, “Vacation Schedule. Addition". In order not to draw up a separate order when postponing rest time, additional information in form No. T-7 is entered in columns 8 and 9.
The first method has one small but obvious advantage: employees and vacation dates are in one list, which means it’s easier to find the information you need. The downside is that labor inspectors may not like the fact that there are several vacation schedules for the same year. But the legislation mentions only one, approved once a year.
The second method (making changes with additions) will solve the problem with Trudoviks. Personnel workers are advised to resort to him.
The sample will tell you how to make changes to the vacation schedule (see below).
Sample order for changes to the vacation schedule
I have a question
What is the danger of irrelevant information in graphics?
Labor inspectors will consider an incorrect schedule a violation of labor laws. And has the right to issue a fine under Article 5.27 of the Code of the Russian Federation on Administrative Offenses.
The sanction that threatens the organization ranges from 30,000 to 50,000 rubles. (from 50,000 to 70,000 rubles - for repeated violation). Officials - those who are officially responsible for compliance with labor laws at the enterprise - face a warning or a fine of 1,000 to 5,000 rubles. (for repeated violation from 10,000 to 20,000 rubles or disqualification for a period of one to three years).
In practice, inspectors from Rostrud do not immediately issue a fine. First, the company is ordered to correct the violation. But if the inspectors’ order is not followed, then a fine is provided.
Is notice of vacation required - deadlines and procedure for sending?
The basic regulatory act that regulates the main actions of the employer when determining the priority of the company’s personnel going on vacation, as well as the requirements for notifying all employees about this is Article 123 of the Labor Code of the Russian Federation.
First of all, labor law norms regulate that in each organization, before the start of the calendar year, a vacation schedule must be approved, where the exact dates and periods of rest are established for each employee of the company. The absence of such a register in a company is considered an administrative offense and is punishable by fines. The only ones exempt from this obligation are micro-enterprises whose average number of employees is less than fifteen employees.
A vacation register is established based on the wishes of workers, but the main thing when distributing rest time is production necessity. Therefore, the last word here remains with the employer. Deviations from the vacation schedule are permitted, but strictly only by agreement of both parties, if both the employer and the employee are satisfied with the postponement of the vacation time. The option when the employer demands to postpone the vacation that is set in the schedule without the consent of the person is illegal. On the other hand, the employee does not have the right to refuse the date of going on vacation if the immediate supervisor or general director of the company does not give permission for such a step. Going to work during vacation and ignoring this period will not be counted as time worked. And going on vacation on an unapproved day can be defined as absenteeism.
It is from these legislative norms that the need to inform the employee about the specific day of the start of his vacation follows. It is understood that the employee has the right to forget what day in the schedule his rest time is, but the personnel department must control all dates for each employee of the enterprise. The period within which each employer must notify a person about the start of the vacation period, as well as the date of his return to the workplace, is 14 days before the vacation.
Please note that if a part-time employee (external or internal) is on the vacation register, he is notified in the same way. Part-time work gives him some preferences when planning a vacation, where the reference goes to the main place of work, but if such an employee has not taken care of this in advance, he goes on vacation on a general basis or coordinates the vacation additionally with management.
This entails the responsibility of HR officers - each employee, if he is employed in the company until mid-December and, therefore, is included in the company’s vacation register, must be appropriately notified of the beginning and duration of the vacation period. If the employer, out of ignorance or due to the irresponsibility of the personnel officer, misses this moment, the unwarned employee has the right not to go on vacation and move the date until he receives a notification with the exact date of vacation (and the period in it must be at least 2 weeks from the date of its publication).
To understand: if a personnel officer is late with a written notification to a vacationer, for example, by 7 days, then the person can legally postpone his vacation by 7 days (or 3, 5 days, as is convenient for him). To legitimize such a step, the employee simply needs to write a statement in which he indicates as a basis for postponing the vacation the fact that he was not properly warned about the start of the vacation (according to Article 123 of the Labor Code of the Russian Federation) and independently determine the date of the vacation.
If the labor inspectorate does not find confirmation that employees are informed about the leave, sanctions will follow under Article 5.27 of the Administrative Code.
2 key options when you do not need to notify an employee about a vacation
Note that the employer must notify the person about the leave for two main types of leave:
- Annual paid leave.
- Additional.
This is logical, because these are the types of vacations that are regulated by the vacation schedule-register; other types of vacations are not included here. So, if an employee takes leave without pay, he must do so by application, which means there is no need to notify him of the leave.
Another case is when an employee, having previously agreed with immediate management on the transfer of vacation to other dates, writes a statement, and it is agreed upon. Moreover, the order to go on vacation is issued 2+ weeks in advance. Since the employee signs the order that he is familiar with the duration of his vacation period, it means that it makes no sense to duplicate this with a notification.
The same applies to the registration of vacations for employees employed at the enterprise for less than one year. Such employees, as a rule, are not on the schedule; accordingly, they must write a statement about the desired date and period of vacation, followed by the issuance of an order, which automatically eliminates the obligation to notify.
Do I need to write a leave application in case of notification?
A vacation request is a request for time off. If the employee uses it according to the schedule, then there is no need to draw up such a document - the vacation order will be drawn up based on information from the vacation schedule.
But situations in which writing a statement is necessary still exist:
- The employee agreed with the administration to provide him with leave at a time other than indicated in the schedule;
- The vacation schedule shows only the month, and not the exact start date;
- A new employee who is not included in the schedule goes on vacation.
In these cases, the statement signed by the manager confirms the agreement of the vacation time with the administration, and also serves as the basis for issuing an order and calculating vacation payments.
Attention! Some enterprises may still practice writing leave requests, even if it is provided according to an approved schedule. The HR department can explain this by the fact that all necessary actions for registering leave are carried out precisely on its basis
This is not prohibited at the legislative level, although it entails unnecessary paperwork.
Procedure for familiarizing an employee with a notice
The law does not establish a mandatory method for notifying employees about vacation.
Typically the following types are used:
- A log of notifications of employees about vacation is started - for each fact of notification of vacation, data about the employee, the type and period of vacation, the date of notification is entered into it, and the employee signs in confirmation of this.
- Putting a mark on a vacation order - the law specifies that an employee must be familiar with his vacation order and sign there in confirmation of this. This step can be interpreted as notifying the employee of a vacation according to the vacation schedule. But you need to keep in mind that the employee must be notified of the upcoming vacation 2 weeks in advance, and therefore the order must also be issued during this period. The notification date will not be the day on which the order was issued, but the day on which the employee actually marked the acquaintance.
- Introduction of a new column in the vacation schedule. The law allows standard forms to be modified to suit the needs of the organization. Therefore, you can also add a column there so that the employee can put the date and signature in it confirming the message about the upcoming vacation.
- Notification in the form of a separate document. This notification method is most often found in enterprises. The written document must contain all the necessary information, and it is printed in two copies - one is given to the employee, and on the second he puts a confirming signature.
The employee may not agree with the vacation period and therefore refuse to sign the notice. If this situation arises, a certificate of refusal is drawn up in the presence of at least two independent people. After this, the document is attached to the vacation schedule and stored with it.
When drawing up a notification on separate forms, it is advisable to create a separate logbook, where to record each issue of a notification to an employee, as well as the date of signing. There is no standard form for it, and therefore you can develop your own based on your internal needs.
Attention! Vacation notices must be kept in the organization’s archives for at least 5 years.
How to change the T-7 vacation schedule
In such cases, the schedule should include the following points related to the change:
- Column 8 of form T-7 provides the reason for postponing the dates of the vacation period - a reference to an order issued by the head of the organization requiring a change in the dates of the vacation period. A sample order can be viewed below;
- Column 9 should indicate new changed periods for rest of the subordinate according to the order;
- column 10 may contain certain notes (for example, the basis for postponing the vacation period and making changes to the schedule);
- Column 7 indicates the terms of the employee’s legal rest, which is actually used.
Sample order for amending the vacation schedule:
order.
The given sequence of changes in the said schedule is subject to application when rescheduling the planned rest of those workers who have already been indicated in this document (this implies the fact that at the time of its execution they were performing their labor duties in a specific organization). If an employee gets a job after the vacation schedule is approved for the next year, then data on the employee’s vacation is recorded in the following ways:
- execution of the corresponding annex to the vacation schedule, which has already been approved. It is compiled in the same way and in the same form as the main document. Only data about the rest period of the hired employee should be included in the application. Just like the schedule itself, it is subject to approval by the manager;
- without making adjustments to the approved vacation schedule. In this case, the hired employee must draw up a free-form application, which must contain the start and end dates of the vacation period at his discretion and its duration, and the employer, based on it, issues an order to grant leave to the specified employee.
It is recommended that the method of changing the existing schedule that the parties consider optimal is indicated in a special internal act provided for in the organization
Examples of changes to the schedule
Sample of filling out the schedule if the entire vacation is postponed:
Sample of a modified schedule if part of the vacation is postponed due to early withdrawal: