Who is included in the vacation schedule? Approval of the vacation schedule. Annual vacation schedule: Labor Code of the Russian Federation and rules for drawing up

Drawing up employee vacation schedules for the coming calendar year with the signature of the manager is carried out in each organization no later than two weeks before January 1. This rule is laid down in Article 123 of the Labor Code. That is, for example, December 17, 2016 is the last date for its approval when drawing up the vacation schedule for 2017.

What does it contain

Its purpose is to reflect information on the procedure for distributing paid annual leave for each employee. Such data is planned for the entire calendar year on a monthly basis. The HR department is responsible for developing the schedule, which takes a lot of time from its specialists.

The organization of the procedure for collecting and processing the necessary information may be different. In some organizations this work is entrusted to a specialist specifically allocated for this; in others, responsibilities are distributed differently. Each of the HR department employees is in charge of specific departments.

Drawing up a vacation schedule is a responsible procedure. Accounting required large quantity factors - from the wishes of the workers themselves regarding current deadlines to the important needs of the production process. At the same time, it is necessary to monitor compliance with labor laws. It is possible and necessary to reflect the order and all the nuances and conditions regarding this issue in the main local acts of the organization. That is, they must be written down on the pages of the collective agreement or PVTR.

Order on drawing up a vacation schedule: sample and main contents

The procedure for filling out such a schedule must be described in detail in the instructions regarding personnel records management issues. If it is not there, work should begin with the issuance of the corresponding order - on drawing up a vacation schedule. What is he required to contain?

1. Full name of the specialist who is responsible for preparing this document.

2. The timing of agreement with employees on their specific wishes regarding the start dates of each person’s vacation.

3. The day by which the head of the structural unit settles the above wishes with plans production work each department.

4. Deadline for submitting the draft schedule to management for approval.

Below we suggest taking a look at a sample of drawing up a vacation schedule in the form of a corresponding order.

Main operating principles

What requirements must be taken into account when drawing up a vacation schedule? It must imply the specifics of production, compliance with work technology and the principle of interchangeability of employees. The possibilities for this are laid down in the Labor Code of the Russian Federation. To avoid disagreements and disputes, the priority of vacations with the procedure for determining it in mandatory prescribed in a collective agreement or other local regulatory act. For example, it is mandatory to indicate the impossibility of the head of the department and his deputy going on vacation at the same time.

Depending on the specifics of the organization, the provision of annual leave only during certain months may be recorded at the documentary level. For example, they are only in schools in the summer, otherwise the learning process may be disorganized. There are situations when it is convenient to send most of the team on vacation at once. This is often associated with seasonal ups and downs in the work of a particular production.

But in most cases best option- relatively even distribution of vacations throughout the calendar year.

Where to begin?

What are the basic rules for scheduling vacations? The preparation of the project in organizations is usually carried out by the personnel service. For convenience they are used special forms. IN modern conditions generally accepted computer programs for scheduling vacations. At the preliminary stage, information about their use by employees over the past period is analyzed to determine the possible number of rest days for the current year. The availability of employees belonging to preferential categories and entitled to priority in priority is clarified.

Then the employee data is transferred to the management of individual departments. Their task is to clarify the employee’s opinion when drawing up a vacation schedule (each personally) regarding the date of departure or the possibility of division into parts. Such wishes must be reasonably coordinated with the department’s work plans for the year, on the basis of which the optimal priority is developed. Thus, all departments manage their own projects.

Having collected the results together, the personnel service prepares, based on them, a consolidated vacation schedule for the entire organization, which is then submitted to management for approval.

What is required to be included

This includes paid annual leave - main and additional, as well as those calendar days that remained unused by employees in this year. The standard duration of the main vacation is 28 days (calendar). Some categories of workers, by law, enjoy vacations of longer duration. Who are we talking about?

Minors (under 18 years of age) workers, according to Article 267 of the Labor Code, enjoy the right to leave of 31 calendar days. Leave for disabled people, according to Article 23 of Federal Law No. 181, which concerns issues of social protection of this category, should not be shorter than 30 days. and other teachers - from 42 to 56 days (in all cases we are talking about calendar days) depending on the type of educational institution ( kindergarten, school) and positions. This provision is regulated by Article 334 of the Labor Code of the Russian Federation, as well as by special Government Decree No. 724, adopted in 2002.

The rights provide for rest for 30-35 days annually on the basis of Federal Law No. 79, adopted in 2004.

About additional holidays

Above we discussed basic annual paid leave. In addition, according to Article 116 of the Labor Code of the Russian Federation, there are also additional holidays. Those who are employed in dangerous and harmful work (or of a special nature), work in abnormal conditions, in the Far North, etc., as well as in some other specific cases stipulated by law, have the right to them.

Each employer, taking into account its financial and production capabilities, has every right to establish additional leaves for employees on its own initiative. The procedure for such a procedure, as well as the standard rules for drawing up a vacation schedule, is approved collective agreement taking into account the opinion of the trade union organization. When calculating the total duration, the days of additional vacations are summed up with the main ones and reflected in the schedule.

About preferential categories

When compiling it, we should not forget that the organization may have employees who have the right to leave at a time that is convenient for them. You should start drawing up a schedule directly with these people. Who gets this privilege?

1. Minors under 18 years of age (according to Article No. 267 of the Labor Code).

2. Part-time workers (vacations from the main job and the additional one must coincide in time - Article 286 TK).

3. husband and wife in in this case must match - Article 11 of Federal Law No. 76 on the status of military personnel).

4. Women before or immediately after maternity leave, or at the end of leave given for long term care for a child - article No. 260 TK.

5. For those employees whose wives use maternity leave - Article 123 TK.

Even after agreeing on all dates and deadlines with representatives of the above categories, the manager must be prepared for a situation where one of them changes during the year. decision and will apply for leave from another date. In this case, the boss does not have the right to refuse.

The procedure for drawing up a vacation schedule in individual cases

Employees can plan vacations either entirely or in parts. When dividing it, you should adhere to the requirements of Article 125 of the Code. They are as follows: at least one of the parts must be equal to 14 calendar days or more. The reason is simple and is related to concern for the health of citizens. The recovery time for a person after hard work for a year is at least two weeks.

Another nuance is that such a division of vacation time into parts is possible only by agreement between the employee and management. If one of them is against it, the vacation cannot be split up. The manager confirms his consent to such a division by signing the vacation schedule or order. Where exactly the other party - the employee - signs is not regulated by law. Specific organizations use different methods to obtain this confirmation.

1. When the initiative to share leave is the employee’s business, he submits an application requesting this. This is done before the date on which the schedule must be approved. If the employer agrees, he will put a resolution “to allow” with a date and signature on the application.

2. In a situation of initiative on the part of management when developing a vacation schedule, the employer may offer the employee the division of the main vacation into the required number of parts, indicating the start and end dates of each of them. If the initiative meets with understanding, the subordinate will have to confirm - “I have read and agree” - in the same way, with his own signature, its decoding and the current date. This form of reaching agreements complies with legally accepted norms. But this method requires some time investment.

3. In the form of the schedule, an additional column is introduced - “I have read and agree” - and the lines provided for the signatures of employees with a transcript. By signing, the employee confirms that there are no claims regarding the dates of leave and the facts of its possible division into “pieces”. This saves working time.

note

This method is widespread, but there are some nuances. It cannot be called completely correct. Let's say the signatures of all employees except one have been received. If there is a categorical refusal, management has no right to force it. You will either have to draw up a new schedule, or worry about collecting the signatures of everyone else again. That is, this method is quite dubious from a legal point of view.

In some organizations, the internal regulations already include a clause on the provision of vacations twice a year (each equal to 14 calendar days). By default, the employee’s signature when reading this document is implied as consent to such a division. But Article 8 of the Labor Code of the Russian Federation regards this as a worsening of the worker’s situation. The fact is that PVTR is an organization and expresses only the will of the manager, but is not an agreement between the parties to labor relations. Taking into account the opinions of trade union representatives does not change this status.

About newcomers, part-time workers and mothers with children

What you should know regarding the new hired employees? The right to paid leave appears after six months of continuous activity in a given place (Article 122 of the Labor Code). By agreement with the employer, this period can be reduced. For a certain category of workers (minors, part-time workers, etc.) it does not depend on length of service in a given organization.

How are they planned? It's not that simple. Sometimes there is no information about the time such an employee goes on leave at his main place. Most often, this happens if the procedure for developing schedules in both organizations is carried out simultaneously. Since the mandatory simultaneous provision is strictly regulated, the timing of the vacation schedule will have to be planned based on the employee’s words. Moreover, you should be prepared for a possible postponement of the date.

Should the schedule contain the names of employees on maternity leave? In many organizations, it includes the names of all women caring for babies; the law does not oblige it to be included there, but it does not prohibit it either. In fact, it is impossible to plan the next vacation in this category in advance. After all, each employee enjoys the right to interrupt maternity leave and return to work duties at any time convenient for herself.

In addition, there is no information about when this employee will want to exercise the right annual leave. Therefore, such cases should always be considered on an individual basis.

What about past years?

What to do with unused vacations? Are they included in the schedule or not? Can days not used for 2 years actually expire? According to Rostrud Letter No. 473-6-0 of 2007, such leaves are included in the general schedule or are provided at the request of the employee. It is more convenient if they are reflected when drawing up the vacation schedule for the 2017 (or any other) calendar year, as this will make it possible to visualize the state of affairs with the accumulated unused days recreation across the entire organization.

According to the law, employees should be sent on vacation annually. Cases of transferring them to the next year are among the exceptions. Such “overdue” leave must be granted no later than 12 months after the end of the year for which it is due (Article 124). That is, drawing up a vacation schedule for 2017 implies entering into it all the “debt” for days of rest to employees for 2016.

It is prohibited to refuse to grant leave for two years in a row, and preferential categories (minors and those working in dangerous, harmful conditions) is supposed to rest every year. Vacations cannot “burn out.” The employee’s rights to it are preserved, but the manager, if the fact of such savings is discovered in the event of an inspection by the labor inspectorate, can be seriously punished.

Written with a pen...

Upon completion of the approval procedure for the vacation schedule, it is binding. This means that management does not have the right to postpone the deadlines specified in the document without a particularly compelling reason. And the employee undertakes to use the days allotted to him according to what is written. If there is a need for any deviations, any of them is formalized by an appropriate order with a note indicating the reason in the schedule.

If an employee is hired after the document has been approved, he is sent on vacation based on an additional order on drawing up a vacation schedule or on a personal application.

Design - what are the features?

The form of the vacation schedule can be developed by the organization independently, taking into account the requirements of Article 9 of Federal Law No. 402 “On Accounting”. It contains a list of details of primary accounting documents that are required. It is most convenient to take T-7 (unified form) as a basis when drawing up a vacation schedule. If necessary, unnecessary information can be removed from there and additional columns added. For example, in the absence of a trade union body, the column about taking into account its opinion can be crossed out.

The name of the organization, each structural unit, all positions, full names of employees are given in full, without abbreviations. If leave is granted in parts, a separate line is allocated for each of them. The document is signed by the chief personnel officer and approved by the management of the organization. The date for drawing up the vacation schedule is required. The opinion of the trade union body is taken into account if it exists at the enterprise.

Let's take care of people

Is it necessary for every employee to be familiar with the schedule? In this case, there is no consensus of opinion among labor law experts. Some of them classify such a schedule as a local act with the need for everyone to familiarize themselves with their signature. Others agree that this is not necessary.

In practice, in most organizations, drawing up a vacation schedule still involves collecting employee signatures under it - in order to inform the latter. The schedule is usually posted in a publicly accessible place on an information board.

Notes to it may contain any information necessary for personnel employees. For example, reasons for postponing vacations, etc. The original document is usually kept in the HR department. A copy is usually provided to financial services for the purpose of accounting for assessing and planning material reserves for vacation pay. The remaining structural divisions, as a rule, are given extracts from the schedule for the convenience of organizing production activities.

The storage period for such a document is one year after the end of the current calendar period. Its absence at the enterprise is fraught with administrative liability, as it is considered a violation. Article 5.27 of the Code of Administrative Offenses of the Russian Federation prescribes punishment for this in the form of a fine from one to five thousand rubles. (officials) or 30,000-50,000 rubles. (legal).

The vacation schedule is one of the mandatory local documents in every organization, the availability of which is often checked by labor inspectors. And now, when the calendar year is almost coming to an end, work on its compilation can gradually begin. Therefore, it’s time to remind employers how the vacation schedule is drawn up, who approves it, whether it is necessary to familiarize the organization’s employees with it, whether to include everyone there, whether changes can be made to it and how.

A vacation schedule, as already mentioned, should be in every organization. According to Art. 123 Labor Code of the Russian Federation A vacation schedule is a document that determines the procedure for granting vacations and is mandatory for both the employer and employees. The schedule must be drawn up annually two weeks before the start of the calendar year.

Wishes of employees when drawing up a schedule

Before starting to draw up a schedule, which is handled by personnel department employees, information is requested from employees of all structural divisions of the organization about planned vacation dates for the calendar year. The collection of such information is usually carried out by the heads of structural units. Based on the information received from the bosses, the personnel officer, taking into account the provisions of the current labor legislation, the specifics of the organization’s activities and the wishes of the employees, draws up a consolidated schedule.

It should be noted here that there are quite a few categories of employees to whom the employer is obliged to provide vacation at a time convenient for them and accordingly take into account their wishes when drawing up a vacation schedule. This:

• workers under 18 years of age ( Art. 267 Labor Code of the Russian Federation);
• persons working part-time ( Art. 286 Labor Code of the Russian Federation);
• workers going on maternity leave ( Art. 260 Labor Code of the Russian Federation);
• employees who adopted a child (children) under three months of age ( Art. 122 Labor Code of the Russian Federation);
• husbands while their wives are on maternity leave ( Art. 123 Labor Code of the Russian Federation);
• one of the working parents (guardian, trustee) to accompany a child under 18 years of age entering secondary education programs vocational education or higher education located in another area ( Art. 322 Labor Code of the Russian Federation);
• pp. “b” clause 3 of the Resolution of the CPSU Central Committee, Council of Ministers of the USSR dated January 22, 1981 No. 235 “On measures to strengthen state aid families with children");
• Heroes of Socialist Labor and full holders of the Order of Labor Glory ( Art. 6Federal Law dated 01/09/1997 No. 5‑FZ “On the provision of social guarantees to Heroes of Socialist Labor and full holders of the Order of Labor Glory”);
• Heroes Soviet Union, Heroes Russian Federation and full holders of the Order of Glory ( Art. 8Law of the Russian Federation of January 15, 1993 No. 4301‑1 “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory”);
• war invalids, participants of the Great Patriotic War, combat veterans, military personnel who underwent military service V military units who were not part of the active army, in the period from June 22, 1941 to September 3, 1945 for at least six months, military personnel awarded orders or medals of the USSR for service during the specified period, persons awarded the badge “Resident of besieged Leningrad”, persons who worked at the facilities during the Great Patriotic War air defense, construction of defensive structures and other military facilities within the rear borders of active fronts ( Art. 14- 19 Federal Law of January 12, 1995 No. 5‑FZ “On Veterans”);
• spouses of military personnel - they are granted leave at their request simultaneously with the leave of military personnel ( Art. elevenFederal Law of May 27, 1998 No. 76‑FZ “On the status of military personnel”);
• citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site ( Art. 2Federal Law of January 10, 2002 No. 2‑FZ “On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site”);
• citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant ( Art. 14Law of the Russian Federation of May 15, 1991 No. 1244‑1 "Oh social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant");
• persons awarded the sign “Honorary Donor of Russia” ( Art. elevenLaw of the Russian Federation dated 06/09/1993 No. 5142‑1 “On the donation of blood and its components”);
• women with two or more children under 12 years of age ( clause 3 mentioned above Resolutions of the Central Committee of the CPSU, the Council of Ministers of the USSR “On measures to strengthen state assistance to families with children”).

Form and rules for filling out the schedule

The vacation schedule is drawn up according to the unified form T-7, approved Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 . The employer can develop its own schedule form or change (add or delete columns) the unified form.

Column 1 of the unified form indicates the name of the structural unit according to the staffing table.

In column 2 - the position (specialty, profession) of the employee, also according to the staffing table.

In column 3 - full name of the employee.

In column 4 - personnel number.

In column 5 - quantity calendar days due to the employee vacation.

Column 6 shows the planned vacation date.

At the time of approval of the schedule, these columns must be completed. In the column “Document number” its serial number is indicated in accordance with the numbering accepted in the organization for such documents, and in the column “Date of compilation” - the date of compilation. The schedule is signed by the head of the HR department and approved by the head of the organization. However, due to Art. 123 Labor Code of the Russian Federation approval of the vacation schedule is carried out taking into account the opinion of the elected body of the primary trade union organization, and if there is a trade union in the organization, the employer must send a draft schedule to the elected body of the primary trade union organization. This body, no later than five working days from the date of receipt of the draft vacation schedule, sends the employer a reasoned opinion on the draft in writing.

If the motivated opinion of the trade union does not contain agreement with the vacation schedule or contains proposals for its improvement, the employer may agree with it or is obliged, within three days after receiving the opinion, to conduct additional consultations with the trade union in order to achieve a mutually acceptable solution. If agreement is not reached, a protocol of disagreement is drawn up, after which the employer has the right to approve a vacation schedule, which the union can appeal to the relevant state labor inspectorate or court, or begin a collective labor dispute procedure.

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 a mandatory order to cancel the vacation schedule ( Art. 372 Labor Code of the Russian Federation).

A note is made on the vacation schedule to take into account the opinion of the elected trade union body and the date and number of such a document (protocol) are indicated.

Please note: since the vacation schedule must be approved no later than two weeks before the start of the calendar year, you should start drawing up the schedule a little earlier, taking into account the time for agreement with the trade union.

It is not established by law whether the approved vacation schedule should be brought to the attention of employees. However, we believe that this needs to be done. In addition, either in the vacation schedule itself or in the familiarization sheet, a column should be provided for employees to mark their familiarization with the schedule. But this procedure does not relieve the employer of the obligation to notify the employee, against signature, two weeks before the start of the vacation about the start time of the vacation. A sample of filling out the vacation schedule is provided on page 43.

We also note that when drawing up a vacation schedule, it is necessary to take into account the provisions Art. 122 Labor Code of the Russian Federation, according to which paid leave must be provided to the employee annually. In this case, the right to use vacation for the first year of work arises for the employee after six months of his continuous operation at this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.

Nuances of filling

Among the questions that may arise when filling out a vacation schedule are the following. Which holidays should be included in the schedule? What to do if the employee did not use vacation for the previous calendar year?

So, in addition to annual paid leave, the legislation provides for additional leaves for persons employed in work with hazardous and (or) hazardous conditions labor, persons whose work is of a special nature, workers with irregular working hours, persons working in the Far North and equivalent areas, as well as in other cases provided for by the Labor Code and other federal laws ( Art. 116 Labor Code of the Russian Federation).

In addition, for family reasons and other good reasons an employee, upon his written application, may be granted leave without pay wages (Art. 128 Labor Code of the Russian Federation).

Additional leave is also provided to those combining work with study (study leave) ( Art. 173 - 176 Labor Code of the Russian Federation).

Let's answer the first question. Column 5 “Number of calendar days” of the vacation schedule indicates total calendar days of annual paid leave, which consists of basic and additional leave. Since the use of unpaid leave or educational leave is a right and not an obligation of the employee, they are not reflected in the schedule. Such leaves are granted only on the basis of two documents - the employee’s application (certificate of call for study leave) and the employer’s order.

Information on the number of days of additional leave that are provided to the employee is indicated in column 10 “Note”.

If the employee did not use part of the vacation in the previous year, the unused calendar days of vacation are included in the total number of calendar days. If, by agreement between the employer and the employee, the vacation is divided into parts, column 5 indicates the number of calendar days in each part, and column 6 indicates the start (or start and end) dates of each part of the vacation.

For your information

The employer should remember that failure to provide annual paid leave for two years in a row is prohibited, as well as failure to provide annual paid leave to employees under the age of 18 and persons employed in work with harmful and (or) dangerous working conditions ( Part 4 Art. 124 Labor Code of the Russian Federation).

Due to the fact that the vacation schedule is drawn up before the start of the calendar year and is valid for the entire year, the question arises about employees who will be hired during this year: how should they be included in the vacation schedule and is it necessary to do this?

Since there is no obligation to include new employees in the vacation schedule, the employer makes the decision independently. In this case, you can create additional graphs vacations or provide vacation only on the basis of an employee’s application. It is better to specify the specific procedure in the local act of the organization.

A similar situation is with external part-time workers. The employer may or may not include them in the vacation schedule, which is more appropriate, since according to Art. 286 Labor Code of the Russian Federation annual paid leave for part-time workers is provided simultaneously with leave for their main job. To do this, the part-time employee submits an application for leave and attaches to it a copy of the order for granting leave or an extract from the leave schedule at the main place of work.

Moreover, if at a part-time job the duration of the employee’s annual paid leave is less than at the main place of work, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.

Changes in the vacation schedule

Despite the fact that the vacation schedule is approved by the employer and is mandatory for employees and the employer during the year, during this period it may change due to certain circumstances, for example, illness, or the employee going on maternity leave. In addition, annual paid leave must be extended or postponed to another date in cases established Art. 124 Labor Code of the Russian Federation, and can also be postponed to another period by agreement between the employee and the employer.

note

If the employee was not promptly paid for the time of annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another date agreed with the employee ( Part 2 Art. 124 Labor Code of the Russian Federation).

Thus, changes in the vacation schedule may be associated mainly with the dates of granting leave or its duration. In these cases, columns 1 to 6 remain the same, and changes are made to columns 8 to 10.

For example, if the vacation schedule does not indicate a specific date for going on vacation, but only a month, the employee writes a statement indicating a specific date, the details of which are reflected in column 10, and in column 7 they write the specific start date of the vacation. The remaining columns are not filled in.

If vacation is postponed at the employee’s request, the entry will look like this:

		rescheduling vacation		Note
planned	actual	base (document)	expected vacation
		Application for postponement of vacation dated 03/03/2014		Vacation is postponed at the request of the employee

If the vacation is postponed due to an employee’s illness that occurred before or during the vacation, the date to which the vacation is postponed is determined by the manager taking into account the employee’s wishes. The entry will be like this:

		rescheduling vacation		Note
planned	actual	base (document)	expected vacation
		Application for transfer of leave dated 04/07/2014, certificate of incapacity for work dated 04/04/2014, order dated 04/07/2014 No. 25		Vacation is postponed due to employee illness

For your information

If sick leave is extended, no entries will be made to the schedule.

When leave is transferred due to an employee going on maternity leave, the following entry should be made:

		rescheduling vacation		Note
planned	actual	base (document)	date of expected vacation
		Application for annual leave before maternity leave dated 01/20/2014		Leave is granted before maternity leave

If an employee goes on maternity leave but does not want to use annual leave, the entry will be as follows:

		rescheduling vacation		Note
planned	actual	base (document)	date of expected vacation
		Application for maternity leave dated 03/11/2014, order for maternity leave dated 03/12/2014 No. 26		Maternity leave is provided from 04/08/2014. Due to the fact that the employee is in hospital, annual leave will be granted later

Entries on the transfer of leave due to production needs, recall from leave, as well as in connection with the granting of leave with subsequent dismissal are made by analogy, in column 8 the relevant documents (applications, orders) are indicated, in column 9 - the date of transfer, in column 10 - reasons for the transfer.

If an employee quits and receives compensation for unused vacation, the entry will be as follows:

		rescheduling vacation		Note
planned	actual	base (document)	supposed
		Order of dismissal dated March 24, 2014 No. 19/у		The employee was dismissed on March 24, 2014 with compensation for 10 days of unused vacation

To summarize, let us once again draw the employer’s attention to the main points.

Unified form T-7
Approved by the Decree of the State Statistics Committee of the Russian Federation
dated 01/05/2004 No. 1

(name of company)

planned

Opinion of the elected trade union body

I APPROVED

from "

13

»

taken into account

Supervisor

Director

(job title)

Document Number

Date of preparation

Seasons

M. V. Sezonov

VACATION SCHEDULE

(personal signature)

(full name)

actual

basis (document)

date of expected vacation

Administration

Director

Seasonov Mikhail Viktorovich

Three days per irregular working day

Accounting

Chief Accountant

Vlasova Marina Sergeevna

Application for postponement of vacation dated June 16, 2013

Vacation is postponed at the request of the employee

Human Resources Department

Head of HR Department

Komleva Inna Gennadievna

Head of HR department

Head of HR Department

Komleva

I. G. Komleva

(job title)

(personal signature)

(full name)

Order of the Ministry of Culture of the Russian Federation dated August 25, 2010 No. 558 “On approval of the “List of standard management archival documents generated in the process of activity” government agencies, organs local government and organizations, indicating storage periods."

Vacation schedule is local normative act, mandatory for acceptance and execution by both the employer and employees. This means that neither the employer nor the employee can unilaterally change the vacation schedule.

The employer is obliged to familiarize employees with the adopted local regulatory act - vacation schedule, against signature, in one of two ways:

You can use one of two options for familiarizing employees with the vacation schedule.

1. Distribute introductory sheets to departments and divisions. In them, each employee indicates the date of familiarization with the vacation schedule and signs.

2. If changes are made to the approved schedule, the employee puts a signature next to the date of his departure on vacation “Note”.

The vacation schedule for the new calendar year must be drawn up no later than two weeks before the new year.

The vacation schedule establishes the order in which vacations are provided to employees during the year. This document is mandatory for both the employer and all employees.

For an employer, December is the month when you need to plan vacations for all employees next year, even though few people think about vacation in winter. Indeed, in the event of a GIT inspection, the absence of an approved schedule may result in a fine. Usually, at the time of drawing up the schedule, it is treated rather formally in the expectation that closer to the summer the dates will be adjusted taking into account the actual plans of the workers. But if the employee has not used up his vacation this year, he will definitely raise the question of the fate of the unspent days. To avoid further conflicts, it is better to resolve this issue in advance. An employer can go several ways. Unused vacations can be included in the general schedule, or an additional individual plan can be drawn up for a given employee. Some employers believe that vacations for previous years may not be provided in kind, but simply paid compensation for them. But such a decision will contradict not only the Labor Code of the Russian Federation, but also the ILO Convention No. 132 of 1970 (hereinafter referred to as the Convention, ILO Convention No. 132), which directly prohibits such agreements. Despite the fact that the Convention has been in force for 2 years, courts rarely refer to it. Meanwhile correct understanding norms of the Convention would allow avoiding legal errors that the courts allow when making decisions.

If the vacation schedule was not approved or the procedure for its preparation was violated

If the vacation schedule was not approved or it was approved in violation of the law, the guilty persons may be brought to administrative responsibility under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for the following punishment: - for officials - a fine from 1000 to 5000 rubles;

- on legal entities- fine from 30,000 to 50,000 rubles. or their activities are suspended for up to 90 days.

Vacation scheduling form

The vacation schedule can be drawn up according to the unified form No. T-7, which is not mandatory for use from 01/01/2013, or the schedule can be developed by the employer himself, taking into account Article 9 of the Law of the Russian Federation “On Accounting” .

The vacation schedule is signed by the head of the personnel department and approved by the manager.

If the company has a trade union, then its opinion must be taken into account when drawing up the schedule.

Vacation schedule approval time

Approve the vacation schedule for New Year must be approved no later than December 17 of the current one. By this day, the schedule must be drawn up.

What should be taken into account when drawing up a vacation schedule

When drawing up a schedule, you should take into account the specifics of the organization’s activities and the wishes of employees, as well as the special conditions of employment contracts for certain categories of employees.

Who can usevacationAnytime

A minor employee can go on vacation at any time.

Taking leave for employees who have worked for the organization for less than six months

Newly hired employees have the right to leave only after six months of work in the organization.

The following have the right to go on vacation earlier than six months:

An employee under the age of 18, since he has the right to leave at any time convenient for him;

an employee who has adopted a child under three months of age;

Pregnant women and women on maternity leave can take annual leave before or after maternity leave;

An employee working part-time is granted leave simultaneously with leave at his main place of work.

Early provision of vacations

The law provides following cases early granting of leave:

1. If an employee belongs to a preferential category, his vacation must be planned in the vacation schedule in the period before the expiration of the employment contract.
2. The parties agreed to grant early leave. An agreement between the parties may stipulate that leave is granted to the employee before the expiration of six months of continuous work. In this case, his vacation must be included in the vacation schedule. If there is no such agreement, it makes no sense to include this employee in the vacation schedule, since he will not yet receive the right to vacation.

The employment contract begins and ends in the current year. The employer has no reason to plan the employee's vacation for the next year, labor Relations which will be completed before its onset.

Upon dismissal, the employer is obliged to pay the employee compensation for unused vacation for six months of work.

Planning the number of vacation days in the vacation schedule

Duration of annual basic paid leave in general case is 28 calendar days.

The following have this right:

— minors - 31 calendar days;

— working disabled people (regardless of disability group) - at least 30 calendar days;

— teaching staff - from 42 to 56 calendar days;

- state civil servants - 30 or 35 calendar days depending on the position held.

Addition of main and additional leave when drawing up a vacation schedule

When calculating annual leave, additional paid leave is added to the annual leave.

The same should be done when drawing up a vacation schedule - sum up the duration of the main and additional paid vacations.

Study leave as scheduledvacations

Study leave is considered targeted and has nothing to do with annual leave.

If an employee has the opportunity to work and, for example, take exams at the same time, he may not take out study leave.

If this is not possible, the employee must provide the employer with a summons certificate and an application for study leave. To the vacation schedule study holidays They don’t contribute.

Unused vacation days

By the time the new calendar year arrives, the employee can accumulate vacation experience, giving him the right to use more calendar days of vacation than allotted for the year worked. Should this fact be taken into account when planning vacations?

The employer can include such vacations in the vacation schedule for the next calendar year or provide them by agreement with the employee.

Including unused vacation in the schedule allows the company to more rationally manage working time and comply with labor legislation:

— failure to provide annual paid leave for two consecutive years is prohibited;

- unused vacation must be used no later than 12 months after the end of the working year for which it is granted.

Changing vacation schedules

If necessary, changes may be made to the vacation schedule. Due to personal circumstances, the employee decided to postpone his vacation.

An employee may be recalled from leave due to business needs. In such cases, the schedule must indicate that the employee has been recalled from vacation, indicating the date and details of the order.

It can be convenient to schedule vacations for newly hired employees. The procedure for making such changes to the vacation schedule has not been established.

Currently, in practice there are two options for action.

1. An appendix is ​​drawn up to the current vacation schedule - the same sheet according to the unified form No. T-7 with records of vacations for new employees. The application is approved by the head of the company, having previously agreed with the trade union, if there is one in the organization.

2. No changes (additions) are made to the current vacation schedule approved before hiring a new employee. If new employee going on vacation that is not included in the schedule, he submits an application in any form. If agreed, the manager issues an order to grant leave. Information about leave is entered into the employee’s personal card.

The administration of the enterprise is obliged to notify the employee about the start time of the vacation no later than two weeks in advance.

Labor legislation does not establish an obligation to familiarize people with the vacation schedule. This decision can be made within the organization.

There are no similar articles yet.

Do I need to create a vacation schedule? Why does an employer need a vacation schedule? Responsibility for the lack of a vacation schedule. Right to vacation. Vacation experience. Duration of vacation. Wishes of employees.

Before the new year, it is necessary to draw up and approve a vacation schedule. How to prepare it correctly and what points should be taken into account?

According to paragraph 5 of Article 37 of the Constitution of the Russian Federation, every citizen working under employment contract, guaranteed annual paid leave. The order of granting vacations to employees of one organization is determined by the vacation schedule (Part 1).

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TO MAKE OR NOT TO MAKE A VACATION SCHEDULE?

In many organizations, there is no vacation schedule; employees go on vacation in agreement with the manager. This practice violates the rights of the employee, since he is deprived of the opportunity to plan his rest time and organize it in the most effective way. Sometimes an employee cannot take advantage of the guaranteed right to rest during the calendar year at all.

Why does an employer need a vacation schedule?

Drawing up a vacation schedule not only ensures the right of employees to annual rest, but also provides a number of advantages to the employer.

Firstly, if vacation is provided according to the schedule, this allows you to arrange it in advance and prepare for the payment of vacation pay. They are issued no less than three days before the start of the vacation (Part 9).

Secondly, the employer, if necessary, will have time to find a replacement for the employee going on vacation.

Thirdly, the schedule allows you to control the timeliness of granting vacations to employees. Subject to its compliance, employees will not accumulate vacation days.

Does NOT need to be included in the schedule

1) Contractors. Even if the contract is long, such employees are not entitled to annual leave. If you include the contractor in the vacation schedule, this will be an additional reason for labor inspectors.

2) Employees who throughout 2018 will be on maternity leave or vacation child care may not be included in the schedule. If an employee works part-time while on maternity leave, this does not matter. She still isn't entitled to two vacations at the same time. Even if the mother decides to interrupt her children’s leave and take annual leave, this may not be included in the schedule. If the leave ends in 2018, check whether the woman will take it after her children's leave. If so, write in the schedule 28 days immediately after the end of children's leave.

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WHERE TO BEGIN

Before making a vacation schedule, you need to consider:

• provisions of the current legislation of the Russian Federation on vacations;
• specifics of the organization’s activities (for example, the presence of harmful or dangerous working conditions that give the right to additional leave, distribution of full-time employees among departments, the possibility of interchangeability, plans for the development (winding down) of production);
• wishes of the employees.

RIGHT TO HOLIDAY

The duration of annual paid leave is 28 calendar days (Part 1). An employee’s right to use it arises after six months of continuous work with one employer (Part 2).

Do I need to apply for leave?

Are employees of the organization required to write an application for the next annual leave? According to this, annual leave is granted to employees based on the vacation schedule and the manager’s order issued in accordance with it.

If you have such documents, it is not necessary to write an application. However, there are exceptions for the following cases:

• The schedule indicates only the month in which the employee goes on vacation. In this case, the employee must write in the application the exact start date of your vacation;
• the employee goes on vacation unscheduled. Upon agreement with the administration of the organization, the vacation schedule must be changed based on this application.

In addition, the Labor Code obliges those employees who have the right to leave before the expiration of six months of continuous work to write a statement.

EXAMPLE 1.

Engineer N.A. Gaikin began work on April 23, 2008. From what day does he have the right to take his first vacation?

SOLUTION. N.A. will have the right to vacation for the first year of work. Gaikin October 23, 2008.

The vacation schedule is drawn up for the next calendar year (from January 1 to December 31), taking into account when the working year of each employee began. Vacation for the second and subsequent years of work can be granted at any time in accordance with the sequence established by the schedule (Part 4 of Article 122 of the Labor Code of the Russian Federation).

EXAMPLE 2.

Engineer N.A. Gaikin, who started work on April 23, 2008, did not take advantage of the right to go on vacation in 2008. In the vacation schedule for 2009, three vacation periods are planned for this employee:
- from January 12, 2009 - 28 calendar days for 2008;
- from March 16, 2009 - 14 calendar days for 2009;
- from August 31, 2009 - 14 calendar days for 2009.

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Is your vacation schedule correct?

SOLUTION. It is incorrect to provide leave for a working year that has not yet begun (it begins on April 23, 2009), since it is granted for a worked, so-called working year, and not a calendar year.

The first leave from January 12, 2009 will be legally granted for the period from April 23, 2008 to April 22, 2009.

The second vacation for 14 calendar days from March 16, 2009 was planned illegally, since the period for which it is granted (the second working year from April 23, 2009 to April 22, 2010) has not yet occurred by the time the vacation begins. The employee will not have the right to vacation for the second working year.

Vacation from August 31 for 14 calendar days is planned legally, since in accordance with labor legislation Leave for the second and subsequent years of work can be granted at any time during this working year.

It is necessary to make changes to the vacation schedule and move the start date of the second vacation period to a later time (after April 23, 2009).

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Vacation experience

• absence of an employee from work without good reason;
• leave to care for a child until he or she reaches the legal age.

The length of service that gives the right to annual additional paid leave for work with harmful (dangerous) working conditions includes only the time actually worked in the appropriate conditions (Part 3 of Article 121 of the Labor Code of the Russian Federation).

The vacation period affects the end of the next working year. If an employee, for example, took a long vacation at his own expense, the end of the working year will shift by a number of calendar days exceeding 14.

If the last day of the working year is postponed late date, the number of calendar days of annual paid leave for which an employee can apply changes. If the vacation period is not interrupted, then at the end of the working year the employee will be able to take 28 calendar days off. Otherwise, he is entitled to fewer vacation days. How to calculate them? There is no special technique for this. In practice, two options are used.

First option. First you need to determine the number of full months that are included in the vacation period for a certain working year. For each of them, the employee is entitled to 2.33 days of vacation (28 calendar days: 12 months). The difficulty arises when calculating the vacation days that an employee is entitled to for a month of the working year that is not fully worked. In this case, you can use another calculation method.

Second option. It makes it possible to more accurately calculate the number of vacation days to which an employee is entitled at a given time. The calculation is based not on calendar months, but on calendar days. The number of calendar days falling on the time worked during the working year is determined. A fully worked working year has 365 (366) calendar days. During this time, the employee is entitled to 28 calendar days of vacation. If there were periods in the working year that were excluded from the vacation period, then the employee has the right to a fewer number of calendar days of vacation. For example, 326 calendar days out of 365 possible, falling within the time worked in the working year, give the right to 25 calendar days from start-up (28 calendar days: 365 calendar days x 326 calendar days). Let's look at an example.

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EXAMPLE 3.

K.S. Bublikov started working at Slasti LLC on May 2, 2007. In June 2008, he was on unpaid leave for 20 calendar days.

From May 2, 2009, the employee plans to go on vacation. It is necessary to determine how many calendar days of vacation the employee is entitled to as of May 1, 2009 inclusive, if he used the vacation in full for the first working year.

SOLUTION. The employee's first working year ended on May 1, 2008. During this period, he used his annual paid leave in full.

Now we need to find out when the second working year will end. If K.S. Bublikov did not take unpaid leave in 2008; the second working year would have ended on May 1, 2009. But in this situation, the working year will shift by six calendar days (20 calendar days - 14 calendar days). That is, 14 calendar days of vacation at your own expense are not excluded from the length of service. Thus, for the period from May 2, 2008 to May 1, 2009, the employee’s vacation period will be 359 calendar days. days (365 calendar days - 6 calendar days).

For one calendar day falling within the hours worked in the second working year, the employee earned 0.0767 days of vacation (28 calendar days: 365 calendar days). Therefore, for 359 calendar days, the employee is entitled to 27.54 calendar days of vacation (359 calendar days x 0.0767 days). In fact, an employee can be given 27 calendar days of vacation, since he has not yet earned 0.46 days (1 day - 0.54 days) by the specified date.

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WISHES of employees and duration of leave, QUESTIONNAIRE

Survey employees when they plan vacations

To complete the chart, first collect full-time employees information when they plan their holidays next year.

Even employees who are planning to quit, go on maternity leave, or go on maternity leave will have to plan annual vacations.

Use questionnaires. In them, ask employees to indicate what time they want to go on vacation (sample below).

Note: Download in Word 32Kb format

If employees find it difficult to choose a vacation period, ask them to write down approximate dates. You cannot leave empty lines in the chart. Later, employees will be able to agree with management on the transfer of vacation days.

Explain to employees which vacation days they need to schedule on the questionnaire.

Basic holidays. For most employees, the annual main leave lasts 28 calendar days (Article 115 of the Labor Code of the Russian Federation). But some employees, for example disabled people and minors, must be provided more days. Yes, vacation minor employee is 31 calendar days (Article 267 of the Labor Code of the Russian Federation), and for a disabled employee - 30 calendar days per year (Article 23 of the Federal Law of November 24, 1995 No. 181-FZ).

Warn employees that they may split their vacation into chunks. But at least one part of the vacation must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation).

The duration of the vacation planned for the next calendar year depends not only on the date the corresponding right arose and the vacation period. The number of calendar days of vacation not used by the employee for the previous period should be added to the calculated duration of annual paid leave.

In addition, it is necessary to take into account that some employees have the right to additional paid leave (Articles 116-119, 173-176 and 350 of the Labor Code of the Russian Federation). According to Part 2, when calculating the total duration of annual paid leave, additional paid leave is summed up with the annual main paid leave. This means that the launch schedule indicates the total duration of paid leave.

Additional holidays. Some employees are entitled to additional paid leave. Its duration depends on the category of employee (see table below).

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Which employees are entitled to additional leave?

Workers	Minimum duration of vacation per year, calendar. days
Employees with irregular working hours (Article 119 of the Labor Code of the Russian Federation)	3
Employees with harmful and dangerous working conditions (Article 117 of the Labor Code of the Russian Federation)	7
Employees of the Far North (Article 321 of the Labor Code of the Russian Federation)	24
General practitioners (Resolution of the Government of the Russian Federation dated December 30, 1998 No. 1588)	3 *
Athletes and coaches (Article 348.10 of the Labor Code of the Russian Federation)	4

* General practitioners who have continuously worked in this position for more than three years are entitled to additional leave.

Additional leave, unlike the main one, employees have the right not to take time off, but to replace it with compensation. But even if the employee plans to take compensation, ask him to indicate the days of additional leave in the questionnaire.

Vacations not taken in past years. The Labor Code of the Russian Federation does not require the inclusion in the schedule of vacation days not taken in previous years. Moreover, it is more convenient not to include such days in the schedule. Then you won’t have to inform each employee how many days he hasn’t taken off work. The employee does not lose the remaining days; he can take them off upon request.

Check the employees' questionnaires to see if the employees have allocated all the days and whether they have divided the rest into parts correctly.

If the employees made a mistake, return the questionnaires to them. Explain what errors need to be corrected.

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PREFERENTIAL CATEGORY OF EMPLOYEES chooses VACATION TIME, production specifics

For some employees, the employer is obliged to provide vacation at any time convenient for them (even before six months have passed from the start of work for this employer). The list of such persons is given in the table on page 1, page 2.

Employees with many children can take leave at a time convenient for them

Article 257.1 of the Labor Code of the Russian Federation

“The order of provision of annual paid leave for employees with three or more children.
Employees with three or more children under the age of twelve are granted annual paid leave at their request at a time convenient for them.”

Keep personnel records and calculate salaries in a web service for free

HOW TO TAKE INTO ACCOUNT THE SPECIFICS OF THE ORGANIZATION'S ACTIVITIES IN THE VACATION SCHEDULE

As a rule, workers want to relax in the summer or early autumn. But when drawing up a vacation schedule, the employer must not only take into account the wishes of the employees, but also ensure the continuous operation of the organization.

For this reason, the manager has the right to evenly distribute the start-up of the organization’s employees throughout the year. He may establish that during each month no more than 8.33% of the staff can be on vacation (100%: 12 months), or apply a different basis for distributing the start time of vacations. It makes sense to establish a certain order of vacations among employees of related professions (positions) of one division, for example, among store salespeople, department specialists, workers of the same specialty in a separate workshop (site).

We take into account the wishes of employees

In some cases, when preparing a schedule, the employer has the opportunity to take into account the wishes of employees regarding vacation planning.

The form in which employees can express their wishes regarding the start date of vacation, dividing it into parts and transferring it is not established by law, so the personnel service resolves this issue independently. You can ask the employee to write a statement indicating the expected start date of the vacation in any form. This is convenient when the number of employees in an organization is small (up to 20 people) (see. sample application).

The employee's immediate supervisor must affix his or her visa to the application.

In an organization with a large number of employees, it is more convenient to draw up a vacation planning sheet for each department. It should provide free columns in which employees can express their wishes (see. sample statement).

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HOW to draw up a HOLIDAY SCHEDULE, Deadlines, Sample download

The vacation schedule is drawn up by HR department employees. If there is no HR department, then the schedule can be drawn up by the employee who is responsible for maintaining personnel records. This document is drawn up for each calendar year. Moreover it needs to be prepared in two weeks before this period begins. That is, for example, the vacation schedule for 2017 must be dated no later than December 16, 2016 (December 17 is a Saturday). This is stated in the Labor Code of the Russian Federation.

The vacation schedule is drawn up in the form approved by the manager by order to accounting policy. See an example of filling out a schedule using a unified form.

Don't include extra vacations in your schedule.

In your vacation schedule, include basic and additional paid vacations for all working employees. But vacations without pay and some paid vacations are not needed in the schedule. For example, both during childbirth and after. They do not apply to annual paid leave. There is no need to fit into the schedule an employee who has been on one of these vacations since the beginning of the year. If she wants to take annual paid leave at the end of maternity leave, the company is obliged to provide it regardless of the priority provided for in the schedule.

• temporary disability of the employee that occurred during vacation;
• performance by an employee of state duties during vacation, if the law provides for exemption from work for this purpose.

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We are making changes to the schedule. To reflect the transfer of vacations in the current calendar year, columns 8-9 are used in form No. T-7.

The details of the manager’s order to change the start date of vacation are indicated in column 8 “Grounds for transferring vacation” of the schedule.

Column 10 “Note” is filled out by the HR employee if:

• the employee was not granted leave in the current year ();
• the employee was recalled from vacation and part of it is transferred to the next year (part 2);
• The employee’s vacation was extended (Part 1 of Article 124 of the Labor Code of the Russian Federation).

In this case, in column 10, the HR employee indicates the grounds for recall from leave, its transfer or extension.

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Changing the vacation schedule at the Employer’s INITIATIVE

The order of granting vacations can also be changed at the initiative of the employer if, for example, an employee going on vacation in the current working year may adversely affect the work of the organization (Part 3 of Article 124 of the Labor Code of the Russian Federation).

For an employer’s actions to change the schedule to be legal, he must:

• obtain written consent from employees (Part 2 of Article 125 of the Labor Code of the Russian Federation) (see. sample application on the employee’s consent to postpone the vacation);
• issue an order or instruction to postpone vacations (see sample order).

Note:

the employer is obliged to provide the employee with the unused part of the vacation at any time convenient for him during the current working year or add it to the vacation for the next working year ().

Now let’s look at an example of filling out a vacation schedule for 2009.

EXAMPLE 4.

Pastoral LLC employs nine people. When planning vacations for 2009, a HR specialist found out the following:

• none of the organization’s employees have the right to additional leave;
• There are no employees in the company who have the right to leave at any time convenient for them;
• due to production needs Chief Accountant E.A. Ovechkina was on vacation for only 14 calendar days in 2008;
• General Director I.V. Pastukhov and telephone sales department manager E.L. Krolikov decided to split their annual leave into parts, so their names are included in the schedule twice.

During 2009:

• marketing specialist A.N. Gorny fell ill during his vacation, based on sick leave his leave was extended by five days;
• Head of Customer Service Department I.R. Baranov wrote an application to postpone leave for family reasons;
• forwarder V.O. Ruchev was recalled from vacation due to production needs.

There is no elected trade union body at Pastoral LLC, so the line reflecting its opinion is not filled in. Additional column 11 was not included in the schedule. What should the vacation schedule look like at the end of 2009?

SOLUTION. Let's look at how to fill out the vacation schedule throughout the year. Please note that employees became familiar with the start date of vacations by signing the notice. The HR employee attached this document to the schedule. The vacation schedule for Pastoral LLC employees is shown in the table.

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Mothers of two or more children can choose a convenient vacation time

Employees who have two or more children under the age of 12 will be able to choose their vacation time. No one has the right to move the rest periods of such employees in the vacation schedule. The resolution of the CPSU Central Committee dated January 22, 1981 No. 235 “On measures to strengthen state assistance to families with children” was approved Supreme Court Russia.

According to this Resolution, female employees with children under 12 years of age have a priority right to receive annual leave in the summer or other time convenient for them, as well as the right to additional parental leave without pay for up to 2 weeks (in agreement with company). This norm is also enshrined in part four of the Labor Code of the Russian Federation.

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VIOLATION OF THE VACATION SCHEDULE

If a violation of the vacation schedule was due to the fault of the employee, and if no changes were made to the vacation schedule by the person responsible for its preparation, the employer can use the rules.

The basis for bringing to disciplinary liability is a disciplinary offense, that is, the failure or improper performance by an employee, through his fault, of the labor duties assigned to him.

types of disciplinary sanctions are established.

Taking disciplinary action is an employer's right, not an obligation. In addition, the employer retains the right to choose the measure of responsibility or general refusal to impose penalties.

For profit tax purposes As part of labor costs, you can take into account the average earnings saved during vacation only if the organization has a vacation schedule. Therefore, if, according to the vacation schedule, an employee’s vacation is scheduled for one date, but in fact the employee took a vacation at another time, the organization will most likely have to prove to the tax authorities that the labor costs are actually documented.

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Can the administration provide winter leave for two years in a row against the employee’s wishes?

In general, the employer has the right, but is not obligated, to take into account the opinions of employees when drawing up a vacation schedule. The exception is wishes individual categories employees (beneficiaries). If an employer includes an employee in the vacation schedule in the first working year, then he will also have to take into account the opinion of the employee, who has the right to apply for vacation after six months of work ().

Thus, the employer can draw up a vacation schedule without taking into account the opinions of employees, with the exception of preferential categories. Moreover, if such “exceptional” employees subsequently express a desire to go on vacation on dates other than those provided for in the schedule, the employer is obliged to fulfill such a requirement and provide vacation at the request of the employee.

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RESPONSIBILITY and PENALTIES for non-compliance with the vacation schedule

The Labor Code of the Russian Federation does not contain special rules regulating the issue of liability for non-compliance with the vacation schedule.

But the employer’s availability of a vacation schedule is a mandatory legal requirement regarding the procedure for granting vacations. In practice, for various reasons, vacation schedules are violated. For example, due to production needs or at the request of the employee himself.

In this case, the labor inspectorate may hold the organization administratively liable for violating labor laws. According to violation of labor laws entails the imposition of an administrative fine:

• for officials in the amount of 1,000 to 5,000 rubles;
• for legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days.

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ADDITIONAL LINKS on the topic

1. 
   The right to the first vacation arises after 6 months of continuous work. Vacation for the second and other years can be taken at any time of the year according to the vacation schedule.

Haven't made your vacation schedule yet? Start working on the document on time to meet the deadline. Find out about 4 new rules in 2019 and download a sample form.

In the article:

Download this useful document:

Vacation schedule for 2019: who draws up and when

The vacation schedule is a mandatory document that is drawn up annually. It prescribes how company employees will rest in the next calendar year. Both employees and the employer are required to comply with the document. The latter needs to draw up a document with clearly stated dates.

A vacation schedule is needed to:

1. Provide notice in advance, pay vacation pay and fulfill all other obligations towards the vacationer.
2. Find a replacement for a specialist who is going on vacation in a timely manner.
3. Prevent employees from accumulating unused vacation days - the company could be fined for this.
4. Distribute vacation days among work groups, teams and departments so that no department is idle due to the simultaneous absence of several employees.

Drawing up the vacation schedule for 2019 is entrusted to the personnel officer. You can take as a basis the unified form No. T-7, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of January 5, 2004. You can also develop your own document form for 2019, having it approved by order. The document is certified by the signature of the head of the personnel department and submitted to the director of the company for approval.

Attention! The State Transport Inspectorate controls the deadlines for document approval for 2019 and strictly monitors their compliance. The deadline is December 17, which in 2018 is Monday. You can play it safe and approve the 2019 document on December 14 (Fri) or December 15 (Sat). Consider the duration working week in your organization.

Information that should be in the sample:

1. Employer details.
2. Employee information: structural subdivision, position or profession, personnel number, last name, first name and patronymic.
3. Vacation start dates.
4. Number of calendar days of vacation.
5. Details of the transfer and notes indicating the reason for the transfer.

2. Resolve the issue of granting vacations for previous years

Now unused vacations in any case, they are retained by the employee and do not expire, regardless of how long ago he received the right to them. This decision was made by the Constitutional Court. Considering the number of accrued vacation days the employee has, decide whether to include them in the new vacation schedule.

Compilation procedure for 2019: step-by-step algorithm

Step 1. Find out what employees want

Who to include in the new schedule

Enter all full-time employees, including external and internal part-time employees, into the document template for 2019. You may not reflect in general list women on maternity leave who do not plan to return to work in the next calendar year. But for those whose maternity leave ends next year, pay it in immediately.

Newcomers who get a job in the company after the document is approved are granted leave for the first year based on applications, and not on a schedule.

Check if there are beneficiaries in the team. They have the right to leave at any time convenient time according to the norms of the Labor Code.

Which employees are entitled to take unscheduled leave?

	A document base	Norm
An employee whose wife is on maternity leave	A copy of the certificate of incapacity for work for pregnancy and childbirth	Part 4 art. 123 TK
An employee before or immediately after maternity leave	Certificate of incapacity for work for pregnancy and childbirth	Articles 122, 260 Labor Code
Workers under 18 years of age		Articles 122, 267 Labor Code
Employees who adopted a child under three months of age	Birth certificate	Article 122 Labor Code
Part-timers	Certificate from main place of work	Article 286 Labor Code
Employees of the Far North and equivalent territories, if accompanying a child who enters educational institution in another area	Birth certificate	Article 322 Labor Code

If the company is large, authorize line managers to draw up preliminary draft schedules for each department, and then combine them into a consolidated vacation schedule in Excel (you can download a standard template online).

Attention! Came into force in October 2018 , which grants employees with three or more children under the age of 12 the right to take annual paid leave at any convenient time.

Taking into account the opinions of employees will help to avoid grievances and conflicts when drawing up a vacation schedule. It is advisable to entrust the heads of departments with collecting the wishes of subordinates. They will take into account the interchangeability of employees and seasonal workload. If the organization is small, then a personnel employee can collect the wishes of all employees.

Advice from the editors of the magazine "Personnel Business"

Discuss leave dates with employees in advance or request information in writing. For example, have department and work group heads create preliminary schedules and then consolidate them into one document. What you need for this, read the article:

Step 2: Create preliminary schedules

Often it is simply not possible to take into account the wishes of all employees. In this case, we leave only the wishes of the preferential categories unchanged. We give the rest the opportunity to independently agree on their vacation time.

Many workers want to go on vacation in the summer. To ensure this, you can plan vacations in parts. In this case, the employee will be indicated in the vacation schedule in two lines. Please note:

1. You will need written confirmation that the employee agrees to splitting the vacation into parts.
2. One part of the vacation must be 14 or more calendar days.

If employees cannot reach an agreement, then department heads can schedule them a vacation at a time that is convenient for the organization. By the way, some months can be made “closed for vacations” altogether. The employer has the right to do this if, due to the nature of production, the absence of an employee during this period may adversely affect the normal course of work of the organization.

Step 3: Check preliminary schedules

Heads of departments submit pre-compiled schedules to the personnel department for verification. The personnel officer will check whether the leave begins earlier than the period for which it is granted.

The working year for which leave is granted is from 06/10/2018 to 06/09/2019. Vacation for this period must be planned no earlier than June 11, 2019.

Of course, it's very early. The employee will receive leave in advance after working only 1 day in a given working year. But the law does not prohibit this. Although such situations should not be allowed. After all, if an employee decides to quit immediately after a vacation, then it will be difficult to make deductions for unworked vacation days.

Step. 4. Draw up a draft vacation schedule

A project is a document that has been drawn up, but not yet signed or approved. You can draw up a vacation schedule using the unified T-7 form, or you can develop your own form. A sample completed schedule is below.

Experts from System Personnel have developed a new automated HR tool - . It will help you plan your vacations taking into account holidays and see who needs to be notified about the start of vacation in the near future.

Step 5. Agree and approve the vacation schedule

The vacation schedule must be agreed upon with the trade union, but only if there is one in the company. The trade union committee must review the draft document within 5 working days. If you don’t get a reasoned opinion, you assert it without consent.

The vacation schedule must be approved 2 weeks before the start of the next calendar year. December 17 (in 2018 this is Monday) is the latest date for approval of the schedule.

1. The vacation schedule can be approved by the head of the organization. To do this, he puts the date and his signature in the upper right corner of the document.
2. The vacation schedule can be approved if you issue an order on the main activities of the company and include in it the item “Approve the vacation schedule for 2019.” The vacation schedule itself will be an appendix to the order.

Attention! The law does not indicate how the vacation schedule must be approved. The manager does this at his own discretion.

Experts advise approving the document using the first method. Firstly, the unified T-7 form provides for approval by the head personally. Secondly, the storage period for the vacation schedule is very short - only one year from the date of expiration, and it is inappropriate to approve such documents with orders that are stored permanently.

The law does not require putting the organization's seal on the chart. This document is for internal use only.

Step 6. Familiarize employees with the vacation schedule

The Labor Code does not directly provide that employees need to be familiarized with the vacation schedule against receipt. Article 123 of the Labor Code of the Russian Federation only says that it is necessary to notify the employee of the start of vacation 2 weeks before it starts. But Rostrud (letter dated 08/01/2012 No. PG/5883-6-1) believes that the vacation schedule is a local act of the organization, therefore the employer is obliged to familiarize employees with it under signature.

Expert answer from Sistema Personnel

Is it necessary to inform employees about the vacation schedule?
Narrated by Nina Kovyazina, Deputy Director of the Department of the Russian Ministry of Health

The law does not provide a clear answer to this question. Currently there are two opposing positions on this issue.

Position one. Form T-7 does not provide a column for the employee’s signature. In addition, the Labor Code of the Russian Federation does not establish such an obligation.

Position two. There is an opinion that...

To avoid mistakes, use smart vacation schedule for 2019- a ready-made table with four tabs. All you have to do is enter employee data into Excel and download it.

The editors of the magazine “Personnel Affairs” have prepared. From it you will learn how to use the vacation schedule in practice: enable macros, transfer data, use the “Scheduler” function. Coordinate the finished document with the trade union (if any) and approve it in the prescribed manner local standards ok.

Use a “smart” document in Excel format to meet the legal deadlines and avoid mistakes when working on the document. The table is accompanied by a ready-made template for printing - unified form No. T-7 with all the necessary details. When drawing up the document, try to take into account the wishes of the employees and respect the rights of parents with many children and other beneficiaries who are allowed by the Labor Code of the Russian Federation to take leave at any convenient time.