A little more than a month is left to draw up and approve the vacation schedule. How to properly prepare it and what points should be taken into account, we will tell in the article.According to paragraph 5 of Article 37 of the Constitution of the Russian Federation, every citizen working under an employment contract is guaranteed annual paid leave. The order in which vacations are granted to employees of one organization is determined by the vacation schedule (part 1 of article 123 of the Labor Code of the Russian Federation).
TO COMPLETE OR NOT TO COMPLETE?
In many organizations, vacation schedules are not drawn up; employees go on vacation in agreement with the manager. This practice violates the rights of the worker, since he is deprived of the opportunity to plan rest time and organize it in the most effective way. Sometimes an employee cannot use the guaranteed right to rest during the calendar year at all.
Responsibility for the absence of a vacation schedule
Drawing up a vacation schedule is prescribed by the Labor Code (parts 1 and 2 of article 123 of the Labor Code of the Russian Federation). The vacation schedule refers to those documents that are primarily checked by employees of the Federal Labor Inspectorate. If the organization does not have it, the employer may be fined from 30,000 to 50,000 rubles for non-compliance with labor laws. or suspend the company's activities for up to 90 days (Clause 1, Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Why does an employer need a vacation schedule
The scheduling of vacations not only ensures the right of employees to annual rest, but also provides a number of advantages to the employer.
Firstly, if the vacation is provided in accordance with the schedule, this allows you to arrange it in advance and prepare for the payment of vacation pay. They are issued at least three days before the start of the vacation (part 9 of article 136 of the Labor Code of the Russian Federation).
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 providing employees with vacations. Subject to its observance, employees of the mines will not accumulate unpaid vacations.
WHERE TO BEGIN
Before scheduling vacations, you need to consider:
— the provisions of the current legislation of the Russian Federation on holidays;
— the specifics of the organization's activities (for example, the presence of harmful or dangerous working conditions that give the right to additional leave, the distribution of staff members by departments, the possibility of interchangeability, plans for the development (folding) of production);
- wishes of employees.
Vacation entitlement
The duration of the annual paid leave is 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation). The employee's right to use it arises after six months of continuous work with one employer (part 2 of article 122 of the Labor Code of the Russian Federation).
EXAMPLE 1.
Engineer N.A. Gaikin started work on April 23, 2008. From what date does he have the right to take the first vacation?
SOLUTION. The right to leave for the first year of work will arise for N.A. 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. Leave for the second and subsequent years of work may be granted at any time in accordance with the order established by the schedule (part 4 of article 122 of the Labor Code of the Russian Federation).
EXAMPLE 2.
Engineer N.A. Gaykin, who started work on April 23, 2008, did not use his 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.
Is the vacation schedule correct?
SOLUTION. It is incorrect to grant leave for a working year that has not yet begun (its beginning falls 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 come by the time the vacation starts. The employee will not have the right to leave for the second working year.
Vacation from August 31 for 14 calendar days is legally scheduled, since, in accordance with labor legislation, leave for the second and subsequent years of work can be provided at any time of this working year.
It is necessary to make changes to the vacation schedule and postpone the start date of the second vacation period to a later time (after April 23, 2009).
Vacation experience
According to part 1 of article 121 of the Labor Code, the length of service giving the right to annual paid leave includes:
— time of actual work;
- the time when the employee did not actually work, but the place of work (position) was retained for him;
- time of forced absenteeism in case of illegal dismissal or removal from work and subsequent reinstatement in the previous organization;
— the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own;
- the time of leave granted at the request of the employee without pay, not exceeding 14 calendar days during the working year.
Please note: in the previous version of Article 121 of the Labor Code, it was said that vacation time at one's own expense is not included in the length of service if its total duration exceeds 14 calendar days during the working year. Experts have interpreted this in different ways. Some believed that if the total number of days off taken by the employee at his own expense exceeded 14 days, they are not fully taken into account when calculating the length of service. Others insisted that only the days after the 15th should be excluded. In the new edition, this ambiguity has been eliminated: it is now clearly stated that holidays at their own expense exceeding 14 days are not taken into account in the length of service.
The length of service giving the right to annual paid leave does not include time (part 2 of article 121 of the Labor Code of the Russian Federation):
— the absence of an employee at work without good reason;
— leave to care for a child until he reaches the age established by law.
The length of service, which gives the right to additional annual paid leave for work with harmful (dangerous) working conditions, includes only the time actually worked under the appropriate conditions (part 3 of article 121 of the Labor Code of the Russian Federation).
Vacation experience 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 more than 14 calendar days.
If the last day of the working year is moved to a later date, the number of calendar days of annual paid leave that an employee can claim 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 less vacation days. How to calculate them? There is no specific methodology 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 particular working year. For each of them, the employee is entitled to 2.33 vacation days (28 calendar days: 12 months). The difficulty arises when calculating vacation days that an employee is entitled to for an incompletely worked month of the working year. In this case, you can apply another calculation method.
Second option. It makes it possible to more accurately calculate the number of vacation days to which the employee is entitled at a certain moment. The calculation is based not on the basis of calendar months, but on the basis of calendar days. The number of calendar days falling on the time worked during the working year is determined. In a fully worked working year - 365 (366) calendar days. During this time, the employee is entitled to 28 calendar days of vacation. If in the working year there were periods excluded from the vacation period, then the employee has the right to a smaller number of calendar days of vacation. For example, 326 calendar days out of 365 possible, falling on the time worked in the working year, give the right to 25 calendar days from the start (28 calendar days: 365 calendar days x 326 calendar days). Consider an example.
EXAMPLE 3.
K.S. Bublikov joined 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 for the first working year in full.
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 ends. 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 their 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 of hours worked in the second working year, the employee earned 0.0767 vacation days (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 granted 27 calendar days of vacation, since he has not yet earned 0.46 days (1 day - 0.54 days) by the specified date.
Vacation time is increasing
The duration of the vacation planned for the next calendar year depends not only on the date of occurrence of the relevant right and the vacation period. To the calculated duration of annual paid leave, the number of calendar days of leave not used by the employee for the previous period should be added.
In addition, it must be taken into account that some employees are entitled to additional paid holidays (Articles 116-119, 173-176 and 350 of the Labor Code of the Russian Federation). According to part 2 of Article 120 of the Labor Code, when calculating the total duration of the annual paid leave, additional paid holidays are added to the annual basic paid leave. This means that the total duration of paid leave is indicated in the start schedule.
HOLIDAY TIME CHOOSE BY EMPLOYEE
For some employees, the employer is obliged to provide leave at any time convenient for them (even before the expiration of six months from the start of work for this employer). The list of such persons is given in the table on page 1, page 2.
WE CONSIDER THE SPECIFIC ACTIVITIES OF THE ORGANIZATION
As a rule, employees want to rest in the summer or early autumn. But when scheduling vacations, the employer must not only take into account the wishes of employees, but also ensure the continuous operation of the organization. For this reason, the manager has the right to evenly distribute the employees of the organization from the start-up throughout the year. He can establish that during each month no more than 8.33% of the staff (100%: 12 months) can be on vacation, or apply another basis for the distribution of the start time of vacations. It makes sense to establish a certain order of vacations among employees of related professions (positions) of one unit, for example, among shop assistants, department specialists, workers of the same specialty of a separate workshop (section).
We take into account the wishes of employees
In some cases, when preparing the 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 the vacation, dividing it into parts and transferring it is not legally established, so the personnel department decides this issue on its own. 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 the organization is small (up to 20 people) (see sample application).
The immediate supervisor of the employee must put his visa on the application.
In an organization with a large number of employees, it is more convenient to draw up a vacation planning sheet for each unit. It must provide for free columns in which employees can state their wishes (see sample statement).
WE MAKE A HOLIDAY SCHEDULE
The schedule is compiled according to the unified form No. T-7, approved by the Decree of the State Statistics Committee of Russia No. 1 dated 05.01.2004.
Information on the timing of the distribution of vacations for employees of all structural divisions for the calendar year is reflected in the schedule by months in accordance with the Instructions for the Application and Completion of Forms of Primary Records for Recording Labor and Its Payment, approved by Resolution No. 1 of the State Statistics Committee of Russia dated 05.01.2004 No. 1.
The vacation schedule must be approved no later than two weeks before the start of the calendar year (part 1 of article 123 of the Labor Code of the Russian Federation). Thus, the schedule for 2009 is no later than December 17, 2008.
The schedule is signed by the heads of the personnel service and structural divisions and approved by the head of the organization or an authorized person.
If the organization has a trade union body, the schedule must be coordinated with it without fail (part 1 of article 123 of the Labor Code of the Russian Federation). The procedure for taking into account the opinion of the elected body of employees is established in Article 372 of the Labor Code.
The schedule storage period is one year (Article 356 section 8 of the List of standard management documents generated in the activities of organizations, indicating the storage periods, approved by the Federal Archive of October 06, 2000).
What types of vacations are reflected in the schedule
Additional annual paid holidays. In addition to the main annual holidays, the schedule reflects additional annual paid holidays.
Please note: additional unpaid leave is not reflected in the schedule. The categories of persons entitled to such leave are listed in Article 263 of the Labor Code.
Non-vacation holidays. Vacations that were not used by employees during the current year, including those transferred to the next year, are also taken into account when drawing up the schedule.
Vacation granted to external part-time workers. The possibility of accounting for such holidays in the schedule in the Labor Code is not mentioned. But if the external part-time worker reports the start date of the vacation at the main job, then the personnel department will take this into account when drawing up the schedule, and the employer will be able to decide when to grant vacation to other employees.
We fill out the form No. T-7
At the stage of vacation planning, the personnel officer fills out only columns 1-6 of form No. T-7.
The names of positions in column 2 are indicated in accordance with the staffing table. If the organization does not assign personnel numbers to employees, column 4 is not filled out.
Columns 7, 8 and 9 are filled in by hand as employees go on vacation. In column 7, marks are made after the actual end of the vacation. Column 8 indicates the document on the basis of which the vacation is transferred (personal statement of the employee, order of the manager to postpone the vacation due to operational necessity, etc.).
See an example of filling out a vacation schedule.
Please note: the vacation schedule should reflect the vacation time of all employees without exception, including those who have the right to leave at any time convenient for them. The start date for the vacation of such employees is indicated in column 6 of the schedule, and its change is recorded in columns 8 and 9.
INTRODUCING EMPLOYEES WITH THE HOLIDAY SCHEDULE
The employer is obliged not later than two weeks before the start of the vacation to notify the employee against signature (part 3 of article 123 of the Labor Code of the Russian Federation). In order for the employee to plan his vacation in advance, the approved vacation schedule can also be brought to his attention in one of the following ways.
Make additions to Form No. T-7. To inform employees about the start of the vacation, the vacation schedule can be supplemented with column 11, in which employees will put marks that they know the start date of the vacation.
See sample order to amend the form "Vacation schedule".
Compose a notice. You can also inform employees about the start date of annual paid leave using a notice (familiarization sheet) drawn up in any form. Such a notification will be an annex to the vacation schedule (see sample notification).
WE MAKE CHANGES TO FORM No. T-7
According to part 2 of article 123 of the Labor Code, the approved start-up schedule is mandatory for both the employer and employees. However, by agreement of the parties, the start date of the vacation can be changed.
Each change must be reflected in the appropriate columns of Form No. T-7. Changes are made with the permission of the person who approved the schedule, or a person authorized by him.
Changing the start date of the vacation at the initiative of the employee
Changing the date. If the employee is not satisfied with the vacation time set in the schedule, he can ask the employer to change it. In this case, the employee must write a statement in any form. If the head agrees to postpone the vacation, he puts his resolution on the application. See sample application for postponement of leave at the initiative of the employee.
Breaking the vacation apart. Sometimes an employee does not want to use all 28 calendar days of vacation, but prefers to break the vacation into parts.
In this case, the employee must also write an application in any form, on the basis of which the necessary changes are made to the vacation schedule.
We issue an order. Based on the employee's application, the head of the organization issues an order either to amend the vacation schedule, or to amend the order to grant the employee another annual paid leave.
The order must specify:
— on what basis is the vacation postponed (at the request of the employee, in connection with his illness, etc.);
- How long does it take?
Please note: in some cases, the order of the head to postpone or extend the vacation is not needed. These include (part 1 of article 124 of the Labor Code of the Russian Federation):
—temporary incapacity for work of an employee that occurred during vacation;
— fulfillment by the employee of public duties during the vacation, if the law provides for exemption from work for this.
We make changes to the schedule. To reflect the transfer of vacations in the current calendar year in the form No. T-7, columns 8-9 are used.
The details of the order of the head to change the start date of the vacation are indicated in column 8 "Basis for the postponement of the vacation" of the schedule.
Column 10 "Note" the employee of the personnel service fills out if:
- in the current year, the employee was not granted leave (part 3 of article 124 of the Labor Code of the Russian Federation);
- the employee was recalled from vacation and part of it is transferred to the next year (part 2 of article 125 of the Labor Code of the Russian Federation);
— the leave to the employee was extended (part 1 of article 124 of the Labor Code of the Russian Federation).
In this case, in column 10, the personnel officer indicates the grounds for recall from vacation, its postponement or extension.
Changing the vacation schedule at the initiative of the employer
The order in which vacations are granted can also be changed at the initiative of the employer, if, for example, an employee's 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).
In order for the employer's actions to change the schedule to be lawful, he must:
— obtain the written consent of employees (part 2 of article 125 of the Labor Code of the Russian Federation) (see the sample application for the employee's consent to postpone the vacation);
- issue an order or order on the postponement of vacations (see sample order).
Please 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 (part 2 of article 125 of the Labor Code of the Russian Federation).
And now consider an example of filling out the vacation schedule for 2009.
EXAMPLE 4.
Pastoral LLC employs nine people. When planning vacations for 2009, the HR specialist found out the following:
- none of the employees of the organization has the right to additional leave;
— there are no employees who have the right to leave at any time convenient for them;
— in connection with the production need, the chief accountant E.A. Ovechkina in 2008 was on vacation for only 14 calendar days;
—general director I.V. Pastukhov and manager of the telephone sales department E.L. Krolikova decided to break the annual vacation into parts, so their names are included in the schedule twice.
During 2009:
— marketer A.N. Gorny fell ill during his vacation, and on the basis of a sick leave, his vacation was extended by five days;
— head of the customer service department I.R. Baranov wrote a statement about the postponement of leave for family reasons;
— freight forwarder V.O. Ruchev was recalled from vacation due to production needs.
There is no elected trade union body in Pastoral LLC, therefore the line reflecting its opinion is not filled in. Additional column 11 is not included in the schedule. What should the holiday schedule look like at the end of 2009?
SOLUTION. Consider how you need to fill out the vacation schedule during the year. Note that the employees got acquainted with the start date of the holidays by signing the notice. This document was attached by the personnel officer to the schedule. The vacation schedule for employees of Pastoral LLC is shown in the table.
A vacation schedule is a document that contains information about the expected vacation dates for all employees of an organization. Its presence and the procedure for compiling it are regulated by the labor legislation of the Russian Federation.
Vacation schedule: Labor Code of the Russian Federation
Vacation schedules should be available to all employers. There is no direct indication of this in the legislation, but such a conclusion can be drawn from the provisions of Article 123 of the Labor Code of the Russian Federation. It says the following about this document:
- the schedule is the basis for granting vacations to employees of the company;
- it must be approved no later than two weeks before the start of the new year;
- the dates indicated in the schedule must be adhered to by both parties to the employment relationship.
The schedule includes all holidays that are due to the employee without the consent of the employer and in the provision of which he cannot refuse to the employee.
Vacation schedule: T-7 form
To compile this document, a unified form T-7 is usually used. The vacation schedule can also be drawn up on a form that the company will develop independently, since at present it is not necessary to use unified forms.
If the enterprise will draw up a sample vacation schedule for 2018 on its own, then the developed form must be approved by order of the organization.
But more often, a unified form is used to draw up a vacation schedule, which is the most convenient for reflecting information.
Vacation schedule: sample filling 2018
You can download the completed sample. The unified form of the vacation schedule for 2018 will be completed in three stages:
- filling in data about the organization and the document being drawn up;
- filling in data on employees and planned vacation dates;
- filling in the schedule in the course of work: actual vacation dates, transfer, change, etc.
Filling in the title part
The title part includes the following details:
- full name of the legal entity;
- the opinion of the representative body. If the enterprise does not have it, then the field reserved for this is left blank;
- head approval stamp. His signature is put with a transcript and the name of the position. A place for printing is not provided here, but according to the rules for compiling business papers, the stamp “I approve” is certified by a seal;
- date of approval, is affixed taking into account the established deadlines;
- name of the document and its details: number, date of compilation and period (year) for which it was drawn up.
Only when all the details are filled in, the vacation schedule will have the force of a legal document and can be used in disputes with employees.
Filling out vacation information
At the second stage, the vacation schedule is filled directly. The form of this document is a table divided into the following columns:
- structural unit, data is entered here only if the enterprise has a division into departments. You can put the abbreviated name of the enterprise;
- the position in which the employee is located.
Note! If one person works in two positions (part-time), then he is included in the schedule twice.
- full name of the employees of the company;
- personnel number, if any;
- the number of calendar days of vacation. The duration of all holidays is entered here, only in numbers, since the unit of measurement (days) is already set in the table header.
Filling examples:
- "28" (basic paid leave);
- "28 + 5" or "28.5" (main and additional holidays).
- scheduled vacation date. It must be a specific date, not just a month. If the employee splits the vacation, or he is entitled to several, then explanations can be given in brackets near the date. You can also specify the start and end date of the vacation.
Filling examples:
- “from October 01 (main), from December 01 (additional)”;
- "from 01.10.2018 to 28.10.2018, from 01.12.2018 to 05.12.2018 (additional)";
- “from June 01 (14 days), from September 01 (14 days), from December 01 (additional)”;
- “from 06/01/2018 to 06/15/2018, from 09/01/2018 to 09/14/2018, from 12/01/2018 to 12/01/2018 (add.).
Columns 1 to 6 are filled in when drawing up the schedule. All the rest in the course of work, during the year.
After compiling the table, the signature of the employee who designed the schedule is put.
Changes and additions to the vacation schedule
The following information is entered in columns 7 to 10:
- The date when the employee actually took vacation may not coincide with the one indicated in column 6.
- Reason for postponing leave. The name and details of the document are entered here, according to which the scheduled date was changed.
Filling example:
- Statement by A.A. Kubikov dated March 12, 2018;
- Order dated June 15, 2018, No. 45-K.
- The estimated transfer date is entered, it must be indicated in the basis document.
- Note. This column can be left blank, or various notes can be made in it (fired, external part-time worker, vacations taken in full, etc.).
The vacation schedule is a summary table with the dates of vacation for all employees of the company. It is compiled, as a rule, on a unified form T-7. The form can be downloaded from the link above.
Vacation schedule - a sample of filling in 2019 will be needed by both businessmen starting their business and companies with experience. How to draw it up and avoid fines, we will tell in our article. In it, you can also download a form and a sample vacation schedule for free.
You can accurately draw up a vacation schedule using our video instructions:
What is a vacation schedule, who needs it and why
The vacation schedule is an internal company document that allows you to take into account the interests of the workforce and the employer. Thanks to the schedule, the continuity of the production process at the enterprise is maintained, and employees exercise their right to annual rest.
The vacation schedule is equally important for employees and for the company's administration. The better it is compiled, the less conflicts and confusion will arise in the future regarding the departure of employees on regular vacations.
NOTE! Mention of the vacation schedule as a document that determines the order of annual rest for members of the workforce is contained in Art. 123 of the Labor Code of the Russian Federation.
Labor legislation does not specify the number of employees required for a merchant to draw up this document. It is logical to assume that it is pointless for an individual entrepreneur who carries out commercial activities on his own to draw up a vacation schedule. He has no one to argue with about the timing of his rest - he plans the labor process himself.
Quite different consequences arise in the absence of this document in labor collectives with a larger number of workers. As statistics show, most people want to relax in the summer and early autumn. This fact poses a difficult task for the management of the company - to take into account the interests of the team and not cause damage to the business. And it doesn’t matter if 5 people work under the supervision of a merchant or several thousand, you can’t do without a vacation schedule.
In addition, untimely registration of the vacation schedule can lead not only to vacation confusion, but also material losses in the form of a fine.
NOTE! The punishment for the director of the company, who ignored the requirement of labor legislation to draw up a vacation schedule, is provided for under Art. 5.27 of the Code of Administrative Offenses and can range from 1,000 to 5,000 rubles. The firm will lose even more - from 30,000 to 50,000 rubles.
If the violation is repeated, the directors of the company may be disqualified for 1-3 years or punished with an increased fine from 10,000 to 20,000 rubles. In this situation, a legal entity may be levied a penalty in the amount of 50,000 to 70,000 rubles.
Who, how and when draws up the schedule
The vacation schedule is one of the personnel documents, therefore, the responsibility for its preparation and timely approval lies with the specialists of the personnel service and the administration of the company.
Until recently, all companies issued a vacation schedule according to a single unified form T-7, the form of which can be downloaded on our website.
10 columns of Form T-7 were filled in with the following information:
- column 1 - the name of the structural unit (office, department of the chief mechanic, department of labor protection, financial department, etc.);
- column 2 - position according to the staffing table (director, secretary, locksmith, etc.);
- columns 3 and 4 - last name, first name, patronymic and personnel number of the employee;
- columns 5-9 - vacation data (duration, start dates of vacation - planned and actual);
- column 8 - the basis for changing the planned vacation periods;
- column 9 - the date of the proposed vacation;
- column 10 - note.
Today, it is not necessary to use a unified form of the schedule, but the legislation does not contain a ban on the use of the usual format of this document. So the personnel department has a choice: fill out the T-7 form or develop a new document with the same name and purpose.
The main thing is to approve the drawn up vacation schedule on time, that is, no later than two weeks before the start of the new calendar year (Article 123 of the Labor Code of the Russian Federation). That is, the schedule for 2019 should be approved no later than 12/17/2018.
After the manager approves the vacation schedule, this document must be familiarized with the employees against receipt (Articles 22, 123 of the Labor Code of the Russian Federation). To do this, it is advisable to supplement the schedule with another column or create a statement where each employee will set the date of familiarization and sign.
The vacation schedule is kept for one year (clause 693 of the List, approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558).
IMPORTANT! Do not forget to warn the employee in writing (against receipt) about the start of the vacation no later than two weeks before it starts (clause 3 of article 123 of the Labor Code of the Russian Federation).
"Children's" nuances of the schedule
Labor legislation influences the settlement of vacation periods in the schedule. For example, the following categories of employees have the right to rest at a convenient time for themselves:
- spouses during their wives' maternity leave (Article 123 of the Labor Code of the Russian Federation);
- a parent or guardian working in the regions of the Far North, to accompany a child under 18 years old to another locality to the place of his admission to a university or college (Article 322 of the Labor Code of the Russian Federation).
- one of the parents raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation).
The category of "children's" aspects of the vacation schedule can also include the mandatory consideration of the opinion on the period of rest of an employee who has not reached the age of majority (under the age of 18). For this group of working employees in the Labor Code of the Russian Federation, vacation features are highlighted in a separate article. 267.
In addition to vacation benefits for employees with children, we must not forget about the restrictions. For example, paragraph 20 of the ruling of the Supreme Court dated January 28, 2014 No. 1 indicates the inadmissibility of the simultaneous use of 2 or more holidays for various reasons.
For the scheduler, this means that the vacation schedule should not include the holidays of employees who are on parental leave and work part-time.
See the FSS opinion on double vacations in the article “Vacation can be one: either annual or to care for a child” .
"Preferential" vacation schedule regulators
In addition to the above "children's" vacation nuances, the vacation schedule can take into account 1 more group of employees, in respect of which the employer is obliged to agree with any periods of rest they choose.
Among these employees:
- honorary donors (Law of the Russian Federation "On the donation of blood and its components" dated July 20, 2012 No. 125-FZ);
- Heroes of Russia and holders of the Order of Glory (law of the Russian Federation "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory" dated 15.01.1993 No. 4301-I);
- Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full cavaliers of the Order of Labor Glory (law “On the provision of social guarantees to Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full cavaliers of the Order of Labor Glory” dated 09.01.1997 No. 5-FZ);
- Chernobyl victims (Law of the Russian Federation "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster" dated May 15, 1991 No. 1244-I);
- persons who received a certain amount of radiation in Semipalatinsk (law "On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site" dated 10.01.2002 No. 2-FZ).
- employees of the internal affairs bodies, if they have not exercised their right to the main leave provided for by the schedule (Law “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” dated November 30, 2011 No. 342-FZ).
If the company practices external part-time work, the part-time employee has the right to go on vacation at the same time as the next rest at the main place of work (Article 286 of the Labor Code of the Russian Federation).
How to arrange vacation for a part-time worker, find out .
When drawing up a vacation schedule, the employer will also have to take into account the opinion of the employee - the spouse of a serviceman who has the right to go on vacation during the period of time coinciding with the spouse's vacation (Law "On the Status of Servicemen" dated May 27, 1998 No. 76-FZ).
Vacation schedule and newcomers
When compiling the vacation schedule for 2019, approved in December 2018, it is impossible to foresee the probable periods of rest for employees who joined after the start of the calendar year. Nevertheless, the absence of a newcomer's planned vacation in the schedule does not relieve the administration of the obligation to provide it.
NOTE! In accordance with Art. 122 of the Labor Code of the Russian Federation, an employee who has worked for this employer for six months has the right to leave.
In such cases, the personnel officer responsible for the vacation regulations can act in one of the following ways:
- without changing the approved schedule, take a vacation by order(based and administration decisions).
- supplement the schedule with a separate appendix, which reflects information about the vacations of beginners (leaves are issued in the usual way).
An article will help you when calculating vacation for an employee "Unified form No. T-60 - form and sample" .
The impact of the transfer of days of rest on the vacation schedule
The employee has the right to change the period of his rest in agreement with the employer. This is allowed by Art. 123 and 124 of the Labor Code of the Russian Federation. Information about the transfer of vacation is reflected in the vacation schedule in columns 8 and 9 specially designed for this. The employee will have to write leave application, in which you will need to indicate the new dates of the postponed vacation and the reasons for changing the vacation period.
The rest period may also change due to illness of an employee. Art. 124 of the Labor Code of the Russian Federation obliges the employer in this case to extend the vacation or reschedule it for another period, recalculating vacation pay in the latter case.
You will also have to extend the vacation if the employee fell ill before the start. If an employee received a sick leave while on vacation, then the employer is recommended to clarify which option for extending the vacation will suit the employee: extending the current or future vacation.
In any case, the employee writes a statement, and information about its transfer is entered into the vacation schedule. Special marks in the schedule for extending leave due to illness are not provided.
How to make changes to the vacation schedule, see. .
Adjustment of the terms of rest can occur not only for the personal circumstances of the employee, but also in connection with the production need.
For example, a company needs to carry out a large-scale reconstruction of the production line in connection with the development of new activities and the introduction of improved technologies. The specialists involved in this process and each responsible for a certain set of activities in their area are required to be present at the workplace for a long time, so they will not be able to go on vacation for an industrial reason.
In this case, Art. 124 of the Labor Code of the Russian Federation: on the basis of the consent of the employee, expressed in writing, and the order of the management, the vacation is transferred to the next working year.
Read about the nuances of the transfer of vacation in the article. "Art. 124 of the Labor Code of the Russian Federation: questions and answers" .
You can download a sample vacation schedule on our website.
Results
The vacation schedule is an agreed and approved schedule of rest periods for the company's employees, which is mandatory for both parties to the employment contract.
The vacation schedule - a sample filling is posted on our website - must be drawn up annually, and penalties are provided for its absence.
The joyful word "vacation" always causes a surge of positive emotions in the employee. After all, this is the time that you can devote to your loved ones, go to the sea or to the forest. According to statistics, after a vacation, employees work more efficiently, their productivity increases significantly. This must be taken into account by the employer.
Since all employees cannot go on a long-awaited vacation at the same time, it is impossible to do without a vacation schedule. To simplify and unify documentation management, a special form of the schedule has been created - T-7. Entrepreneurs, accountants, personnel officers and employees themselves will not need information about this document. Let's look at the main points: its purpose, who should fill it out and when, and the order in which it is filled out.
What is this document for?
As we noted earlier, the vacation schedule is a rather important document. He is schedule of the planned annual paid vacation for each employee of the enterprise. The main objective of this schedule is to ensure that employees go on vacation at a pre-planned time in order of priority. Also, the schedule is designed to ensure the smooth operation of the company and the necessary number of employees at their workplaces for this.
The vacation schedule refers to the local documents of the organization, it is mandatory for both employees and administration. Exceptions may be the postponement of vacation at the request of the employee, agreed with the management (more on this in the next section of the article), force majeure or production necessity.
Any violation of the schedule and its change must be justified and confirmed by an order with the visa of the head of the enterprise.
The more employees the company has, the more difficult it is to make a schedule, because you need to take into account the wishes of employees and optimally distribute their holidays, while not disrupting the workflow.
If the company does not have a schedule, then the employer may be in trouble. This is a direct violation of workers' rights. For failure to provide leave according to the schedule of the employer, administrative liability awaits. Also, the schedule is the object of scheduled and unscheduled inspections of the labor inspectorate. In order to avoid penalties and other problems, you should carefully approach the process of compiling this document.
Who fills it out and when
In accordance with the rules established by law, the schedule is completed once a year and must be endorsed by management. It is impossible to make changes, except for one case - changing the vacation period on the basis of the relevant transfer order, which must be signed by the director. Without agreement with the administration and the trade union, if it is at the enterprise, it is impossible to adjust the schedule. In order to change the schedule, the employee provides a written application in any form.
When compiling, the wishes of employees and the peculiarities of the work process of this organization are taken into account. In large enterprises, a collective agreement or other regulatory legal act specifies the maximum number of people working in one sector who can be on vacation at the same time. Naturally, this is due to the fact that the enterprise should not stop its work, remain without profit and incur losses. The head and his deputy cannot be on vacation at the same time.
Schedule to be completed in November, because the It must be approved and submitted by December 18., that is, two weeks before the new calendar year. This requirement is established in the Labor Code and is subject to strict observance. It is better to approach the scheduling in advance in order to have time to coordinate it with the employees and approve it in time. A consolidated schedule for the entire enterprise is drawn up after the settlement of all disputes.
As for employees hired during the year, they do not need to be included in the schedule. Leave is granted to them after agreeing his time with the management.
Who is preparing the document? The answer is simple: the personnel department, if it is a large enterprise, the accounting department or the employer of a small enterprise can also do this. We will not consider the latter option, since this is done by the head himself with a small staff and does not require certification or signatures of employees from different departments.
The drawn up schedule is signed by the chief personnel officer - the head of the personnel department, then it is certified by the signature of the director. Sometimes an enterprise or organization may provide in its internal documents the right of another person authorized by management to certify the schedule. If the enterprise has a trade union body, then the document is subject to agreement with this body.
Since the graph has the signature of the head, there is no need to draw up a separate order for its approval.
Each employee should familiarize himself with the schedule and know when he goes on vacation. Employees must be informed no later than two weeks before vacation. This is done without fail, although there is no such column in the T-7 form. Different companies do things differently. Some add another column to the schedule, where employees put their signatures, others draw up a document attached to the schedule, in which the fact of familiarization is recorded.
It is worth noting that the legislation defines the categories of citizens who have the right to go on vacation that is not scheduled. For example, an employee can take regular paid leave, which coincides with his wife's maternity leave, and the length of time worked at this workplace does not matter. For part-time workers, the date of rest coincides with the main place of work and does not depend on the amount of time worked.
The following video discusses the features of compiling this schedule:
Filling order
The schedule in our state is filled out according to a single model - the T-7 form, approved by the State Statistics Committee. It is compiled in a single copy.
The form looks like a table. At the top right is the number of the form, the date and the authority that approved it. The name of the enterprise is written in the center, and on the left is a mark of the trade union on agreement with the obligatory indication of the date of such familiarization. The number of the minutes of the meeting where this issue was discussed is also entered. In the absence of a trade union, an explanatory inscription is placed at this place. On the right is the approval from the management - the date, signature, as well as the position of the signatory. Then the name of the document is already written - “Vacation Schedule”, its number, the date of its compilation and the year for which this schedule was compiled.
Now you can proceed directly to the table. The number of lines depends on the number of employees in the enterprise. The table consists of ten columns, namely:
- the first is the structural unit in which the employee works - the personnel department, management or something else;
- in the second column - the position held in accordance with the staffing table;
- the next column contains the full name of the employee;
- his number in the report card;
- the fifth column is the number of vacation days for this employee, taking into account additional types of vacation provided for by law. The minimum number of paid vacation days is 28 calendar days. Rest of this length is due to all employees who have a seniority of at least 6 months of continuous work. This applies to beginners. Those who did not use all the days last year can add them to their annual leave in the new year;
- the sixth column contains information about the date of rest planned in advance. In the event that it is known that an employee may go on vacation outside the schedule, this column indicates the month instead of a specific date;
- in the next column - the date from which the employee went on vacation in fact;
- the eighth and ninth columns are devoted to the transfer of the vacation, if it was, that is, you need to fill in these columns if the date of the agreed vacation and the actual date do not match. The eighth column indicates the reason for the transfer - a written document. Usually this is a statement or order. And in the ninth - a new date.
- the tenth column is the last one; notes are indicated in it, if any. For example, the reason for the transfer of vacation or its extension.
After the table, there is data about the head of the personnel service - his personal signature, surname and initials, decoding of the signature.
Let's look at a few of the nuances associated with filling out the form.
The form itself is printed. Data regarding employees can be entered in printed form, but columns 7-10 can only be entered in handwritten form. Before the new calendar year comes, the personnel department does not fill in all columns, but from the first to the sixth. The remaining columns - from the seventh to the tenth - will be filled when the employee goes to rest. He writes an application for leave and an order is drawn up (form T-6).
When an employee is recalled from vacation, he writes a statement of consent to withdraw from it, and changes are made to the schedule in columns 8-10.
The schedule must also reflect information on the division of vacation into parts. note that since January 2014, unified forms have ceased to be mandatory but they continue to be used. It is possible to make any changes to such a document.
We hope that our article helped you understand what a vacation schedule is, why it is needed and how to fill it out correctly. Have a nice holiday!
In November, personnel officers have a new concern - scheduling vacations for the next calendar year. A well-designed vacation schedule will ensure not only the smooth operation of all services of the organization, but also prevent conflicts in the team. In the article you will find a sample of filling out the vacation schedule for 2018.
Vacation schedule for 2019
In the article:
Download this helpful document:
How to fill out a vacation schedule
Columns "Position" and "Personnel number"
When filling out the vacation schedule, you enter the data of employees yourself. There is nothing difficult in this. The question is which of the employees should be included in the vacation schedule and which should not.
In the vacation schedule we indicate:
- all employees with whom employment contracts have been concluded, including those who have the right to go on vacation at a convenient time,
- external and internal part-timers,
- the general manager and his deputies.
It is not necessary to indicate in the vacation schedule of employees:
- the term of the employment contract with which ends before December 31 of the current (2018) year,
- who are on parental leave and do not intend to return to work in the next calendar year.
These workers will not be taking annual leave, so there is no point in scheduling it. Sistema Kadry experts will explain Do I need to change the vacation schedule when hiring new employees?
Column "Number of calendar days"
When completing this box, please note:
- The duration of the main vacation cannot be less than 28 calendar days. And there are categories of workers who are entitled to more. In addition to teachers, civil servants and doctors, extended basic leave must be provided to minors (31 calendar days, Article 267 of the Labor Code of the Russian Federation) and disabled people (at least 30 calendar days).
- In the vacation schedule, we plan not only the main vacation of the employee, but also additional (if any). After all, article 120 of the Labor Code of the Russian Federation provides that these holidays are provided together, are summarized. Therefore, be sure to add additional days to the number of days of the main vacation.
- Unused vacations in previous years can also be scheduled in the schedule.
Vacation schedule does not include:
- Study holidays.
- Leave for childcare, pregnancy and childbirth.
- Leave without pay.
Column "Start date of vacation (planned)"
In this column you need to specify the exact date - day and month. If you contribute only a month, then you will not have a clear plan for leaving employees on vacation. You will inevitably encounter overlays. It is the non-specific dates in vacation schedules that give rise to most disputes and conflicts.
Count "Name"
In what order should the names of employees be placed in the vacation schedule? There is no clear answer to this question in the law. The employer can choose it himself and register it in the local act of the organization (Article 8 of the Labor Code). In practice, 2 design options are used:
- Alphabet order. It is used by small organizations.
- Chronological order. That is, the first entries in the schedule will be about employees who go on vacation in January, and the last ones will be about those who go on vacation in December.
If the company has structural divisions, then the schedule can be drawn up for each of them. This option is suitable for organizations with a large number of employees.
Important! Vacation schedule is a must. It should be in any company where there are employees. If it is not there or the procedure for scheduling holidays for the next year is violated, the company will be held administratively liable (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation). In this case, the official will be fined from 1 to 5 thousand rubles, and for the organization from 30 to 50 thousand rubles.
The experts of Sistema Kadra tried to make the work of a personnel officer a little easier. To plan employee vacations for the next year, use their development - smart vacation schedule in Excel spreadsheet . It will calculate the end of the vacation taking into account the holidays, warn when the employee needs to be notified about the start of the vacation, show the intersection of employee vacations and form a unified form of the schedule.
How to make a vacation schedule: use an electronic assistant
To draw a chart, use unified form No. T-7 or self-designed form. In the schedule, indicate the order in which employees go on annual paid leave.
Consider the specifics of the organization's activities and the wishes of certain categories of employees when making a schedule.
When filling out the vacation schedule, indicate the total number of vacation days for each employee and the specific dates when he plans to go on vacation next year (Article 123 of the Labor Code).
After you draw up a draft vacation schedule: a sample, carefully check it. Help you with this special table , which was developed by the experts of the System Personnel. It will clearly show all your mistakes.
Question answer
Is it necessary to indicate in the vacation schedule information about unused vacations for previous years
Days for unused vacation last year can be included in the vacation schedule for the current year or provided by agreement between the employee and the employer, that is, without including it in the current schedule. The legitimacy of this approach is confirmed ...
When an employee must write an application for a vacation schedule: sample
If an employee takes another vacation according to the vacation schedule, which indicates the exact start date of the vacation, it is not necessary to write an application for vacation. You only need to do this in one of 3 situations:
- The employee wants to go on vacation not on the days indicated in the vacation schedule.
- There are no exact start and end dates in the schedule.
- A vacation is taken by a new employee who was hired after the approval of the schedule.
An employee writes an application for leave in any form.
Application for vacation schedule (sample)How many days before the vacation the employee must submit an application is not specified in the law. The employer can set a minimum period in the local act of the company.
