Drawing up a vacation schedule: step-by-step instructions and a sample. How to draw up a vacation schedule - possible errors and their solution Sample application for inclusion in the vacation schedule
December 17 is the last day for the approval of the vacation schedule, because it must be signed by the head of the organization no later than two weeks before the calendar year (Article 123 of the Labor Code of the Russian Federation). There is very little time left to have time to compose it correctly.
Organize the scheduling
The graph reflects information on the distribution of annual paid vacations of employees of the organization for the calendar year by months. Developing a vacation schedule takes a lot of time for the personnel department. It is possible to organize the work on collecting and processing the necessary data in different ways. It is convenient for someone to entrust this to a separate HR specialist who will be busy with the “from and to” schedule. It is more convenient for others to distribute responsibilities: assign one or more structural divisions to each employee of the personnel department.
Drawing up a schedule is a responsible matter, it needs to take into account a lot: the wishes of employees about vacation dates, and the needs of the production process, and labor legislation. It is advisable to reflect the procedure for developing a schedule, the conditions and rules for granting holidays in the local regulations of the organization (internal labor regulations or a collective agreement). In the instructions for personnel records management, you can describe in detail the procedure for filling out the vacation schedule both at the stage of its creation and in the process of maintaining it during the year. If the procedure for developing a vacation schedule is not prescribed in the local regulations of the organization, it is worth starting its preparation by issuing an order in which you need to specify:
- who is responsible for preparing the vacation schedule (the schedule is signed by the head of the personnel service, but the preparation work can be carried out by a personnel specialist);
- within what time period employees must submit their wishes regarding vacations;
- the deadline by which the heads of structural divisions must coordinate the wishes of employees with the production plans of departments;
- the deadline by which the draft schedule must be submitted for approval to the manager.
The vacation schedule should take into account the specifics of the organization's production process, ensure its continuity and the interchangeability of employees. The Labor Code gives every opportunity for this, because the order in which vacations are granted is determined by the employer (Article 123 of the Labor Code of the Russian Federation). In order to avoid disputes and disagreements with employees, the procedure for determining the order of vacations should be prescribed in a local regulatory act (PVTR or a collective agreement). So, for example, it should provide that the heads of structural units should not be on vacation at the same time as their deputies. In some organizations, it may be established that annual leave is provided to employees only in certain months (for example, in an educational institution, providing leave in the autumn-winter-spring period will negatively affect the learning process). A situation is possible when it is beneficial for the employer to send a large group of employees on vacation at the same time (for example, a manufacturer of window structures, due to low demand for products, can schedule vacations for all employees of the production department for the period from January 12 to February 8). For most organizations, the best option is to evenly distribute employee vacations throughout the year.
The draft vacation schedule is prepared by the personnel department of the organization. It is most convenient to do this using a modified vacation schedule form (Appendix 1). First of all, it is necessary to analyze the “vacation stories” and determine how many days of vacation each employee is entitled to expect next year, whether there are employees of privileged categories who enjoy benefits when establishing the order of vacations. After that, data on employees is transferred to the heads of structural divisions, who must find out the wishes of employees about the time of going on vacation and dividing the vacation into parts, and also coordinate these wishes with the plans of the unit for the year, setting the optimal order of vacations. Based on the projects of the structural divisions, the personnel department prepares a consolidated vacation schedule for the organization and submits it for approval to the head.
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What to include in the schedule
Your vacation schedule should include:
- annual basic paid leave;
- annual additional paid leave;
- vacation that was not used by the employee during the current year and was carried over to the next year.
The duration of the annual basic paid leave, as a rule, is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). For some categories of employees, the legislation provides for holidays of longer duration - extended basic leave. These categories include in particular:
- workers under the age of 18. They are entitled to a vacation of 31 calendar days (Article 267 of the Labor Code of the Russian Federation);
- invalids. They are given leave of at least 30 calendar days (Article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”);
- pedagogical workers. The duration of their leave depends on the position and type of educational institution and ranges from 42 to 56 calendar days (Article 334 of the Labor Code of the Russian Federation; Decree of the Government of the Russian Federation of October 1, 2002 No. 724 “On the duration of the annual basic paid leave provided to teaching staff”);
- state civil servants have the right to leave from 30 to 35 calendar days, depending on the position (Article 46 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”).
In addition to the main one, some employees may be provided with annual additional paid holidays (Article 116 of the Labor Code of the Russian Federation). Such leave is granted to employees:
- employed in work with harmful and (or) dangerous working conditions;
- having a special nature of work;
- with irregular working hours;
- working in the regions of the Far North and equivalent areas;
- in other cases provided for by the Labor Code of the Russian Federation and other federal laws.
In addition to the holidays provided for by legislative acts, employers, taking into account their production and financial capabilities, can independently establish additional holidays for employees by approving the procedure for their provision in a collective agreement or other local regulatory act, which are adopted taking into account the opinion of the elected body of the primary trade union organization (part 2 article 116 of the Labor Code of the Russian Federation).
When calculating the total duration of annual paid leave, additional holidays are added to the main one (Article 120 of the Labor Code of the Russian Federation).
Example. Civil servant Tropinin The.The. is entitled to:
- extended vacation (30 calendar days);
- additional leave for length of service (8 calendar days);
- additional leave for irregular working hours (3 calendar days);
- additional leave for work in hazardous working conditions (7 calendar days).
This means that in the schedule you need to plan a vacation lasting 48 calendar days (in full or, by agreement with the employee, dividing the vacation into parts).
When drawing up a schedule, you need to check whether there are employees in the organization who are entitled to the provision of annual paid leave at a convenient time for them - their vacation is planned in the schedule in the first place. These employees include in particular:
- minors under the age of 18 (Article 267 of the Labor Code of the Russian Federation);
- part-time workers (leave is provided simultaneously with leave for the main job) (Article 286 of the Labor Code of the Russian Federation);
- employees whose spouses are military personnel (vacation is granted simultaneously with the spouse's vacation) (clause 11, article 11 of the Federal Law of May 27, 1998 No. 76-FZ "On the status of military personnel");
- women before maternity leave or immediately after it, as well as at the end of parental leave (Article 260 of the Labor Code of the Russian Federation);
- employees whose wives are on maternity leave (Article 123 of the Labor Code of the Russian Federation).
However, it is worth remembering that even if the vacation was planned in the vacation schedule strictly in accordance with the wishes of an employee belonging to the above category, he has the right to change his mind at any time of the year and write an application to the employer asking him to grant vacation from another date . It is impossible to refuse to transfer the vacation to such an employee.
Vacation schedule is a summary document. And although it is compiled for a calendar year (in this case, for 2015), the planned vacation period of each employee refers to his individual working year.
Example. Secretary Petrova I.V. hired June 19, 2014. In the vacation schedule, her vacation should be planned for the period from 06/19/2014 to 06/18/2015. Vacation for the next working year (from 06/19/2015 to 06/18/2016) can be provided at any time of the working year (Article 122 of the Labor Code of the Russian Federation). It can be scheduled:
- in the vacation schedule for 2015 (after 06/19/2015);
- part of the leave, by agreement with the employee, can be included in the schedule for 2015 (after 06/19/2015), and part can be left for 2016;
- in the vacation schedule for 2016 (until 06/18/2016).
As you can see, an employee's vacation can be planned both in full and in parts. When dividing the vacation into parts, it is necessary to comply with the requirements of Article 125 of the Labor Code of the Russian Federation. Firstly, at least one part of the vacation must be at least 14 calendar days. This requirement is due to medical reasons: in order to recover from labor achievements, a person needs a full-fledged long rest. Secondly, the division of vacation into parts is possible only if an agreement is reached between the employee and the employer. If one of the parties to the employment relationship is against this, then it is impossible to split the vacation. The consent of the employer to the division of vacations is confirmed by the signature of the manager in the schedule (or in the order for vacation, if the vacation is not provided according to the schedule). In what document the consent of the employee should be reflected is not established by law. In practice, organizations use different methods to obtain confirmation of employee consent:
Method 1. Prior to the approval of the vacation schedule, the employee writes an application with a request to divide the vacation into parts, indicates the start dates and duration of the parts of the vacation, and the employer puts the resolution “Allow. Signature. The date". A good way if the initiative to share the vacation comes from the employee. Otherwise, we are talking about coercion, which is unacceptable.
Method 2. When developing a vacation schedule, the employer sends the employee a proposal to divide the vacation into parts, indicates the dates of the vacation parts and their duration, and the employee puts the mark “I have read and agree. Signature. Full name. The date". This option is preferable when the initiative to share the vacation comes from the employer, and is fully consistent with the spirit of the law: there is a proposal, there is an answer to it, there is an agreement between the parties. Unfortunately, this method is the most time-consuming.
Method 3. The vacation schedule form is supplemented with the column “I have read and agree. Signature. Full name". It is assumed that with one of his signatures, the employee agrees with the start dates of the vacation, and with the very fact of dividing the vacation into parts. This is a fairly common method that requires minimal time. However, it is not entirely correct. Imagine: ten employees of the department signed in the column, and one categorically refuses, does not want to divide the vacation into parts. You have no right to force him. What to do? Make a new schedule? Re-collect employee signatures? Moreover, the schedule has already been approved by the head (after all, they are introduced to the document that has entered into force). And how can a document be approved if the legal requirement to reach an agreement between the employee and the employer is not met?
Some organizations prescribe clauses in the Internal Labor Regulations that employees are granted leave twice a year for a duration of 14 calendar days. It is assumed that the signature of the employee on familiarization with the PWTR is his consent to the division of the vacation into parts. However, this worsens the position of the employee in comparison with labor legislation, and therefore cannot be applied in accordance with Article 8 of the Labor Code of the Russian Federation. Do not forget that the PWTR is a document containing the rules established by the employer and expressing his will, and not at all an agreement between the parties to the employment relationship. The fact that it is adopted taking into account the opinion of the representative body of workers does not change the situation, because, for example, dismissal orders issued taking into account the opinion of the trade union still remain administrative documents of the employer, and do not become agreements on termination of the employment contract.
Question. Saveliev A.V. hired 12/12/2014. Should it be included in the vacation schedule for 2015?
Answer. The right of an employee to paid leave arises after 6 months of his continuous work in the organization (Article 122 of the Labor Code of the Russian Federation). By agreement of the parties, the employer may grant annual leave even before the expiration of this period. For some categories of employees, the employer is obliged, upon their application, to provide annual leave, regardless of the length of service in the organization (minors, part-time workers, etc.). In this case, the employee will have the right to leave from 06/12/2015. In the vacation schedule for 2015, you need to plan his vacation after the above date. Vacation can be planned in full (28 calendar days) or, by agreement with the employee, divided into parts (for example, 14 calendar days can be planned in 2015, and the remaining days in 2016).
Question. How to plan a part-time vacation?
Answer. It can be difficult to plan a part-time job, because the exact date of his departure on vacation at his main place of work is not always known (for example, if the development of vacation schedules is carried out in organizations in parallel or at the main job they formally approach the issue of vacations). The Labor Code in this case is categorical: leave must be provided simultaneously with leave for the main job (Article 286 of the Labor Code of the Russian Federation). Schedule the start of the vacation according to the employee, but be prepared for the fact that it may have to be rescheduled, and take this into account when planning vacations for other employees in the same department.
Question. Is it obligatory to include in the vacation schedule women who are on parental leave?
Answer. Many organizations include in the vacation schedule all employees, including women on parental leave. It is not prohibited by law, but it is not required either. In fact, it is not possible to realistically plan their holidays, as they can interrupt their care leave at any time, and it is not known when they want to use their annual leave. If such a woman goes to work, it is more convenient to provide her with leave on application.
Question. What to do with unused vacations? For example, process engineer Petrov V.G. I haven't been on vacation in two years. Can these holidays be included in the schedule? And is it true that vacation not used for two years “burns out”?
Answer. Previously unused vacations can be included in the vacation schedule or provided by agreement with the employee upon his application (letter of Rostrud dated 03/01/2007 No. 473-6-0). Inclusion in the schedule is more convenient, as it allows you to visually assess how many such holidays have accumulated in the organization. Leave must be granted to the employee annually (Article 122 of the Labor Code of the Russian Federation), in exceptional cases of transferring the leave to the next working year, it must be used no later than 12 months after the end of the working year for which it is granted (Part 3 of Article 124 of the Labor Code of the Russian Federation). For example, if an employee was hired on 02/01/2014, he must be granted leave (and the employee must use it) no later than 01/31/2016. It is prohibited not to provide annual paid leave for two consecutive years, and workers under the age of 18 and workers employed in work with harmful and (or) dangerous working conditions must use leave annually (part 4 of article 124 of the Labor Code of the Russian Federation). Of course, if the leave was not granted for some reason, it will not “burn out” at all, the employee will retain the right to it, but in this case the employer can be punished during the GIT check or in court.
After the vacation schedule is approved, it becomes mandatory (part 2 of article 123 of the Labor Code of the Russian Federation). This means that the employer is obliged to provide the employee with leave within the period specified in the schedule, and the employee is obliged to use this leave. Any deviations from the schedule must be formalized by the appropriate organizational and administrative document and a note in the schedule. Employees hired after the approval of the schedule can be included in the vacation schedule on the basis of an order or such employees can be granted leave upon application.
We draw up a document
The organization can develop the form of the vacation schedule on its own, while it is necessary to comply with the requirements of Article 9 of the Federal Law of December 6, 2011 No. 402-ФЗ “On Accounting”. This article contains a list of required details of the primary accounting document. When developing your own schedule form, it is advisable to take as a basis the unified form No. T-7, approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 No. 1, if necessary, removing unnecessary information from it and supplementing it with the necessary columns. For example, you can remove codes for OKUD, OKPO and the details of taking into account the opinion of the trade union body (if it is absent) from the vacation schedule form. You can supplement the schedule with a document approval visa with the legal service or other structural divisions of the organization. The letter of Rostrud dated July 30, 2014 No. 1693-6-1 states that it is permissible to supplement form No. T-7 with columns 11, 12. In one of them, the employee will be able to sign that he knows the start date of the vacation, and in the other - indicate the date notice of the beginning of the vacation (a sample of filling out such a form is given in Appendix 2). The developed form must be approved by the head of the organization on the proposal of the accountant (clause 4, article 9 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting”).
At the stage of scheduling, the personnel worker fills out columns 1-6. The name of the organization, structural subdivisions, positions, surnames, names and patronymics of employees are indicated without abbreviations. Column 5 reflects the duration of the vacation in calendar days. If the vacation is granted in parts, information about each part of the vacation is drawn up in a separate line. In column 6, put the start date of the vacation. In some organizations, it is customary to indicate not the start date of the vacation, but its entire period, for example, 04/01/2015–04/28/2015. This is not a violation.
The vacation schedule is signed by the head of the personnel service, and approved by the head of the organization. If there is a trade union, it is necessary to take into account the motivated opinion of the elected trade union body (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 of the Russian Federation.
The Labor Code does not directly oblige the employer to acquaint employees with the vacation schedule. Expert opinions differ on this issue. Some experts consider the vacation schedule to be a local normative act, and therefore, it is necessary to familiarize employees with it. Others believe that the local regulation establishes general norms for an indefinite circle of persons, and in the vacation schedule we indicate the names of specific employees, therefore, the schedule cannot be attributed to local regulations and it is not necessary to familiarize employees with it. In practice, most organizations still collect employee signatures, because this makes practical sense: familiarization with the approved schedule gives the employee the opportunity to find out whether his opinion on the vacation date was taken into account and, if not, plan the vacation differently. You can familiarize employees in different ways: by including an additional column in the schedule, by collecting signatures on a separate familiarization sheet, or by posting the schedule on the information stand of the organization.
Columns 7–10 are filled in by hand during the year as vacations are granted. In case of granting vacation not according to the schedule, column 8 indicates the name and date of the order on the basis of which the vacation is postponed. In some organizations, it is customary to indicate his statement as the basis for the transfer of leave at the initiative of the employee. This is not true; in order to make changes to the approved schedule, an administrative document, that is, an order, is required. In column 9 indicate the date of the proposed vacation (in the current year or next). Column 7 is filled in as the employees actually use vacations (after all, in different situations, vacations can be provided earlier than the schedule, according to the schedule, or later than the deadline set by the schedule).
Column 10 "Note" can contain any information, as long as it is understandable to the personnel officer. Here, in particular, you can indicate the reason for postponing the vacation (for example, at the request of the employee; part 2 of article 125 of the Labor Code of the Russian Federation - recall from vacation; part 3 of article 124 of the Labor Code of the Russian Federation - if the vacation is not granted, because this will adversely affect the normal course of business of the organization).
The original vacation schedule is stored, as a rule, in the personnel service. A copy of the schedule may be required by the accounting department or the financial service for the needs of accounting or management accounting (to assess how much money needs to be reserved for paying vacation pay in different periods of the year). For other structural divisions of the organization, extracts from the schedule can be prepared - so it will be more convenient for them to organize their activities throughout the year.
The shelf life of the vacation schedule is one year (clause 693 of the "List of typical managerial archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the storage periods", approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558). This period is calculated from January 1 of the year following the year of the end of its office work, that is, the vacation schedule for 2015 must be stored until December 31, 2016.
Vacation is a period of rest for an employee from his duties, the time that he can spend on any personal affairs. The date when a person is given leave is determined, first of all, by the desire of the employee, as well as by the decision of the administration based on production needs.
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Most often, vacation is given to employees in turn, so that at the same time everyone who wants to, for example, relax in the summer, does not leave their jobs.
The procedure for granting annual leave is regulated by articles 114-125 of the Labor Code of the Russian Federation.
The vacation schedule is a document that is in circulation only within the company.
It indicates and approves by management information on the dates of departure of each employee on the annual paid leave prescribed by law.
As a rule, the schedule is presented in the form of a complex table, where the administrative divisions of the organization, personalities, necessary information about employees are indicated, and the priority of leaving the entire state on vacation is distributed over the months of the next year.
Why is a document needed?
The vacation schedule is needed to streamline and regulate the absence of employees of the organization from the workplace in accordance with applicable law.
This is an internal document, it does not go outside the organization. A vacation schedule is drawn up for each structural unit of the organization separately. At the same time, the administration must take into account the wishes of employees, and correlate them with the work plans of the organization.
Then, this document is signed by the trade union (if any), the management of the enterprise or the personnel service.
The vacation schedule is mandatory for both the employee and the employer, and can be changed and supplemented if the date of the employee's vacation is postponed.
Form (t 7)
The form of the vacation schedule approved by the State Statistics Committee of Russia is a form that reflects the following points: the name and code of the organization placed in the header of the document, which contain data corresponding to the constituent documents of the organization, the date the schedule was drawn up, the period when it is valid, document number (usually No. 1).
The following data is filled in in tabular form:
Structural subdivision | The names of all structural subdivisions, departments, sections of the organization are indicated here. |
Position (specialty, profession) according to the staffing table | Here enter data on all staff units of the enterprise. |
Full name of employees | Recorded without abbreviations. |
Personnel Number | If the organization does not practice the use of unique personnel numbers, then this column is left blank. |
Vacation. The number of calendar days. | Column 5 indicates the duration of the employee's vacation. The minimum term is 28 days. However, some categories of workers are entitled to extended, additional holidays. Also, the vacation can be divided into two parts. |
Vacation. Date scheduled. | This column contains numerical data indicating the planned start date of the vacation period. |
Vacation. The date is actual. | This column is not filled immediately, but during the year, as employees go on vacation. |
Postponement of vacation | Columns 7 and 8 are filled during the year. It indicates (if any) the reasons and documentary grounds for the postponement of the vacation and the new date. |
Notes | Various notes are entered in column 10, for example, information about the reasons for the transfer, data on additional days for vacation, etc. |
Features of compilation and filling
In order for the document to be drawn up correctly and reflect the real state of affairs, it is necessary to systematize all the information, conduct competent planning regarding the sequence of vacation periods for employees, and also take into account various factors that may affect the duration of the vacation period and its documentary support.
What types of vacations are included in the schedule?
- Annual paid vacation.
- Additional annual leave. Moreover, additional leave without pay is not included in the schedule.
- Unused vacations for the past year.
How to fill in if the vacation is postponed due to the illness of the employee?
If an employee falls ill during a vacation, he can extend it or reschedule it for another period.
At the same time, he must write an application for the transfer of vacation to another date, in which he indicates the reasons for the transfer and provide for confirmation.
The administration of the organization, after signing the employee's application by the management, enters new data into the vacation schedule in columns 8 and 9.
How to issue a transfer due to production needs?
If the current situation of the organization requires the employee to rest at a different time period of the current year, then the employer has the right to postpone the vacation.
However, this should only happen if the employee does not object. All this is reflected in the form: in columns 8 and 9 the number of the transfer order and the new vacation date are entered.
Is it necessary to include in the schedule employees who are on parental leave, incl. working part-time?
If an employee is on maternity leave, then she does not need to be included in the vacation schedule. However, if a young mother combines raising a child and caring for him with part-time work, then she, like other employees, has the right to take annual paid leave.
At the same time, the duration of leave and the procedure for granting it, as well as the model for filling out the schedule, do not differ from the conditions for granting annual leave to the rest of the staff.
The only difference is that she will receive less holiday pay, since this parameter depends on her salary, which is proportionally less for part-time work than for full-time work.
Do changes need to be made if an employee decides to take a vacation at a different time?
If an employee of the organization, for some personal reason, wants to go on vacation at another time, then he must write a statement about his desire.
It is written in free form, since such a form is not provided.
If the management of the organization agrees with this procedure, then the corresponding changes are made to the vacation schedule in columns 8 and 9.
They should enter the details of the order on the basis of which the vacation is moved, the date the order was drawn up, the new date the employee went on vacation.
You can download the vacation application form here:
Do I need to add new employees?
Those employees who have been working at the enterprise for less than a year are not included in the vacation schedule, especially if they are hired after the schedule has been approved.
The right to go to appears only for a beginner.
In the second and subsequent years of work, a new employee is included in the vacation schedule on an equal basis with everyone else.
How to plan and reflect part-time vacation?
Employees working at the enterprise on the basis of work compatibility provide the administration with data on the date of vacation at the main place of work.
The employer is obliged to schedule a vacation for a part-time worker on the same date.
Vacation information is entered into the vacation schedule on a general basis.
Do I need to include holidays not used in previous periods?
If the employee has unused vacation or part of it for the past year, then these days should be added to the main vacation.
At the same time, the total number of days is put in the column on the duration of the vacation - the main vacation + unused days for the last year), and in the column with notes it is indicated how many days are added and for which year.
How to familiarize an employee?
The administration of the enterprise is obliged to provide the employee with a vacation schedule for review no later than two weeks before the start date.
At the same time, the signature of the employee is required, with which he confirms his agreement with this document. To do this, the employer can draw up a separate familiarization sheet (made in any form, usually tabular), where each employee signs that he has read the schedule and does not mind such a layout.
Another way is to add the corresponding column to the unified T7 form, in which each employee puts his signature.
In this case, an order must be issued within the enterprise legalizing the change in the unified form T7.
There are no strict rules regarding the notification of the employee about the start date of his vacation.
The scheduling of employee vacations for the coming calendar year with the signature of the head is carried out in each organization no later than two weeks before January 1. This rule is laid down in the 123rd article of the Labor Code. That is, for example, 12/17/2016 is the last date of its approval when drawing up a vacation schedule for 2017.
What does it contain
Its purpose is to reflect information on the distribution of paid annual leave for each of the employees. Such data are planned for the entire calendar year on a monthly basis. The personnel service is engaged in the development of 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, duties are distributed differently. Each of the employees of the personnel department is in charge of specific divisions.
Drawing up a vacation schedule is a responsible procedure. It is necessary to take into account a large number of factors - from the wishes of the employees themselves regarding the 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 spelled out on the pages of the collective agreement or PWTR.
Vacation schedule order: sample and main content
The procedure for filling out such a schedule must be described in detail in the instructions relating to personnel records management. If she is not there, work should begin with the issuance of an appropriate order - on drawing up a vacation schedule. What does it have to contain?
1. Full name of the specialist who is responsible for preparing this document.
2. Terms of coordination with employees of their specific wishes regarding the dates of the start of the vacation of each.
3. The day by which the head of the structural unit settles the above wishes with the plans for the production work of each department.
4. Deadline for submitting the draft schedule to management for approval.
Below we offer a look at a sample of scheduling vacations in the form of an appropriate order.
Main principles of work
What requirements must be taken into account when scheduling vacations? He is obliged to imply the features of production, compliance with the technology of work and the principle of interchangeability of employees. The possibilities for this are laid down by the Labor Code of the Russian Federation. In order to avoid disagreements and disputes, the order of vacations with the procedure for determining it is mandatory prescribed in a collective agreement or other regulatory local act. For example, it is mandatory to indicate the impossibility of simultaneously leaving the head of the unit and his deputy on vacation.
Depending on the specifics of the organization, the provision of annual leave only for certain months can be recorded at the documentary level. For example, they come to schools only in the summer, otherwise the learning process can be disorganized. There are situations when it is convenient to send most of the team to rest at once. This is often associated with seasonal ups and downs in the work of a particular production.
But in most cases, the best option is a relatively even distribution of vacations throughout the calendar year.
Where to begin?
What are the basic rules for scheduling vacations? The personnel service usually deals with the preparation of its project in organizations. For convenience, special forms are used. In modern conditions, computer programs for scheduling holidays are generally accepted. At the preliminary stage, information on the use of their employees for the past period is analyzed with the determination of the possible number of days of rest for the current year. The presence of employees belonging to preferential categories and entitled to priority in the queue is specified.
Then the data on employees is transferred to the management of individual departments. Their task is to clarify the opinion of the employee when drawing up the vacation schedule (each personally) regarding the date of departure or the possibility of division into parts. Such wishes should be reasonably coordinated with the work plans of the unit during the year, on the basis of which the optimal sequence is developed. Thus, all departments settle their own projects.
Having collected the results together, the personnel department is preparing, on their basis, a consolidated vacation schedule for the entire organization, which is then submitted for approval to management.
What is required to be included
This includes paid annual leave - basic and additional, as well as those calendar days that have remained unused by employees in the current year. The standard duration of the main vacation is 28 days (calendar). Part of the categories of employees who work according to the law enjoy vacations of a longer duration. Who are we talking about?
Minor (under 18 years old) employees, according to Article 267 of the Labor Code, enjoy the right to leave for 31 calendar days. Vacations for disabled people, according to the 23rd article of the Federal Law No. 181, concerning 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 position. 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 talked about the main annual paid holidays. In addition, according to Article 116 of the Labor Code of the Russian Federation, there are also additional holidays. Those who are engaged in hazardous and hazardous work (or those of a special nature), work in abnormal conditions, in the Far North, etc., as well as in some other specific cases specified by law, have the right to them.
Each of the employers, taking into account their financial and production capabilities, has every right to establish additional holidays for employees on their own initiative. The procedure for such a procedure, as well as the standard rules for scheduling vacations, is approved by the collective agreement, taking into account the opinion of the trade union organization. When calculating the total duration, the days of additional holidays are summed up with the main ones and reflected in the schedule.
About preferential categories
When compiling it, one 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 scheduling directly with these people. To whom does such a privilege shine?
1. Minors under the age of 18 (according to Art. No. 267 of the Labor Code).
2. Part-time workers (leaves at the main job and additional work must coincide in time - article 286 TK).
3. husband and wife in this case must match - article 11 of the 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 of a child - Article No. 260 TK.
5. To those employees whose wives use maternity leave - Article 123 TK.
Even after agreeing on all the dates and terms with representatives of the above categories, the manager must be prepared for a situation where one of them changes his decision during the year and applies for leave from another date. In this case, the boss does not have the right to refuse.
The procedure for scheduling vacations in individual cases
Employees can plan vacations in whole or in parts. Sharing it, one 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 related to concern for the health of citizens. The recovery period after hard work during the year for a person is at least two weeks.
Another nuance is that such a division into parts of vacation time is possible only by agreement between the employee and management. If one of them is against, you cannot split the vacation. The head confirms his consent to such a separation by signing the schedule or order of vacations. And where exactly the other party signs - the employee - is not regulated by law. Individual organizations use different methods to obtain this confirmation.
1. When the initiative to share a vacation is the work of an employee, an application is submitted to him with a request for it. This is done before the date the schedule is to be approved. If the employer agrees, a resolution "permit" is affixed to the application with a date and signature.
2. In a situation of initiative on the part of management, when developing a vacation schedule, the employer may offer the employee to divide 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 transcript and the current date. This form of reaching agreements is in line with legally accepted norms. But this method requires some time.
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 decoding. By signing, the employee confirms the absence of claims on vacation dates and the facts of his possible division into "pieces". Thus, working time is saved.
note
This method is ubiquitous, but there are some nuances. It cannot be called completely correct. Let's say the signatures of all employees except one have been received. With a categorical refusal to force his leadership has no right. We will either have to draw up a new schedule, or take care of collecting the signatures of all the rest again. That is, this method is rather doubtful from the point of view of the law.
In some organizations, the internal regulations already contain a clause on granting vacations twice a year (each equal to 14 calendar days). By default, the employee's signature is assumed when reading this document as consent to such a separation. But Article 8 of the Labor Code of the Russian Federation regards this as a deterioration in the position of the worker. The fact is that the PWTR is an organization, and expresses only the will of the leader, but is not an agreement between the parties to labor relations. This status does not change and taking into account the opinion of the representatives of the trade union.
About newcomers, part-timers and mothers with children
What should you know about newly hired employees? The right to paid leave appears after six months of continuous activity in this place (Article 122 of the Labor Code). By agreement with the employer, this period may be reduced. For a certain category of workers (minors, part-time workers, etc.), it does not depend on the length of service in this organization.
How to plan It's not that easy. Sometimes there is no information about the time of departure of such an employee on vacation at the main place. Most often this happens if the procedure for developing schedules in both organizations is carried out simultaneously. Since the obligation of simultaneous provision is strictly regulated, the timing of the vacation schedule will have to be planned, focusing on the words of the employee. And you should be prepared for a possible postponement of the date.
Should the schedule contain the names of employees on parental leave? In many organizations, it includes the names of all Women sitting with babies, the law does not oblige to include it, but it does not prohibit it either. In fact, it is unrealistic to plan the next vacations of this category in advance. After all, each of the workers enjoys the right to interrupt the leave of absence and return to work duties at any time convenient for them.
In addition, there is no information on when this employee will want to exercise the right to annual leave. Therefore, such cases should always be considered on a case-by-case basis.
What about past years?
What about unused vacations? Are they on the schedule or not? Can days not used for 2 years really "burn out"? According to the Letter of Rostrud No. 473-6-0 of 2007, such holidays 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 a vacation schedule for the 2017 (or any other) calendar year, as this will make it possible to visualize the state of affairs with accumulated unused rest days in the context of 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 the entire "debt" on rest days to employees for 2016.
It is forbidden to refuse to grant vacations for two years in a row, and privileged categories (minors and those working in dangerous, harmful conditions) are supposed to rest annually. "Burn" vacation can not. The rights of the employee to it are preserved, but the manager, if the fact of such savings is checked by the labor inspectorate, can be seriously punished.
Written in pen...
At the end of the procedure for approving the vacation schedule, it is mandatory for execution. This means that the authorities do not have the right to postpone the deadlines specified in the document without a particularly good reason. And the employee undertakes to use the days assigned to him according to what is written. If there is a need for any deviations, any of them is drawn up by an appropriate order with a note on the reason in the schedule.
If an employee is accepted after the approval of the document, he is sent to rest on the basis of an additional order on scheduling vacations 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 the 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 the T-7 (unified form) as a basis when drawing up a vacation schedule. If necessary, extra information can be removed from there, and additional columns added. For example, in the absence of a trade union body, the column on taking into account its opinion can be deleted.
The name of the organization, each structural unit, all positions, full names of employees are given in full, without abbreviations. In the case of granting holidays 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 of scheduling is required. The opinion of the trade union body is taken into account if it is available at the enterprise.
Let's take care of people
Is it necessary for each employee to become familiar with the schedule? In this case, there is no consensus among labor law experts. Some of them refer such a schedule to local acts with the need to familiarize everyone under signature. Others agree that this is not necessary.
In practice, in most organizations, drawing up a vacation schedule still involves the collection of signatures of employees under it - in order to inform the latter. The schedule is usually placed in a public place on the information stand.
Notes to it can contain any information necessary for personnel employees. For example - the reasons for the postponement of vacations, etc. It is customary to store the original document in the personnel department. A copy is usually provided to financial services for accounting purposes to estimate and plan vacation pay reserves. The rest of the structural units, as a rule, are given extracts from the schedule for the convenience of organizing production activities.
The period of storage of 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 imposes a penalty 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 most important local regulations of any organization. It is the responsibility of the employer to draw up a schedule for determining the priority of vacations for employees. Recall that this local act must be approved no later than December 17 (2 weeks before the end of the year). And do not forget about the new rules introduced by articles 185.1 and 262.2 of the Labor Code of the Russian Federation. A sample of filling out the vacation schedule for 2019 and step-by-step instructions for compiling and approving can be found in the article.
According to article 123 of the Labor Code of the Russian Federation, the schedule should be approved two weeks before the new year. In order not to make a mistake in filling out, we recommend that you focus on the vacation schedule for 2019 presented in the article (excel can be downloaded for free at the end of the article). Approving it during the last two weeks of December will be a violation of labor laws. Thus, in order to determine the terms of rest of employees for 2019, it must be approved no later than 12/17/2018.
There is a unified form T-7 “Vacation Schedule” (we will show a sample of the filling below), contained in the album of unified forms (Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1). However, from 01/01/2013 these forms are not mandatory for use (clause 4, article 9 of law 402-FZ, information of the Ministry of Finance of Russia No. PZ-10/2012). Each enterprise can independently develop a primary organization with the obligatory inclusion in it of the details established by paragraph 2 of Art. 9 of Law No. 402-FZ.
The completed form can be approved by order of the head, but his signature in the “Approve” field of the T-7 form will be enough.
New in legislation!
We remind you that appeared in the Labor Code of the Russian Federation. In accordance with it, employees who have three or more children under 12 years of age are given the priority right to choose the time of rest. Therefore, before distributing vacation days for all employees, you need to ask when these privileged workers plan to rest.
In addition, additional days of rest appeared for employees to undergo medical examinations (for "ordinary" employees - 1 day every 3 years, for pre-pensioners - 2 days annually) ( Art. 185.1 of the Labor Code of the Russian Federation). Clinical examination schedules are determined by Order of the Ministry of Health of Russia dated October 26, 2017 N 869n. In 2019, citizens of 2001, 1998, 1995, 1992, 1989, 1986, 1983, 1980, 1977, 1974, 1971, 1968, 1965 have the right to undergo medical examination. So far, there are no clear departmental instructions as to whether these days should be included in the vacation schedule for 2019, but this circumstance must be taken into account.
Fill in the chart step by step
The form must be approved with columns 1-6 completed. Consider how to draw up a vacation schedule for 2019 (we will consider a sample filling step by step). For an example of filling, we use the unified form T-7 “Vacation Schedule” (the form, as already mentioned, was taken from the album of unified forms). But you can also use the vacation schedule in Excel (the template for 2019 is given for download at the end of the article).
Step 1
Fill in the "Organization name" field. To do this, we prescribe the full name of the organization without abbreviations.
Step 2
If there is a trade union, fill in the field "Opinion of the elected trade union body": the date and the inscription "Taken into account" are put down. In the absence of such, it is indicated "The primary trade union organization has not been created (or is absent)".
Step 3
We assign a number to the document, the date of compilation, indicate for which year it is compiled.
Step 4
We fill in columns 1-6: the names of structural units, the title of the position, as well as the full name. we write employees without cutting. In the 5th column, the numbers indicate the duration in calendar days. In gr. 6 put the date on which it starts.
If the rest period is divided into several parts, each part is written on a separate line.
It is also possible to indicate the duration in column 6 instead of the start date.
The document is signed by the head of the personnel department.
We approve the schedule and familiarize employees with it
After filling in the considered fields and columns, it is necessary to approve the document. You can do this on the document form itself - the T-7 form contains a special field for approval. Or you can issue an order approving the vacation schedule for 2019 (sample below).
This is how the order “Vacation schedule for 2019” may look like; the sample filling shown above is not unified, it can be drawn up in any form, but if you like our wording, then you can download the text of the order in word at the end of the article.
You can familiarize employees with it under the signature in a special statement. Also, for familiarization, it is possible to supplement the schedule with a column where employees will sign and put down the date of familiarization.
Columns 7-10 of the schedule are filled in manually during the year as employees actually go on vacation. If there have been changes and the rest time is not provided when it was planned, column 8 indicates the reason for the transfer - the details of the transfer order or the employee's statement. Column 9 indicates the planned start date of the holiday.
Gr. 10 "Note" is filled in if there are necessary notes, for example, you can indicate the reason for the postponement of the holiday (at the request of the employee, another reason), the grounds for recall, etc.So, we examined step by step how to fill out a vacation schedule form for 2019; You can download a sample for free for use in your work below.
Storage periods and liability for lack of
The schedule (original) is usually stored in the personnel department for one year (paragraph 693 of Order No. 558 of August 25, 2010). The storage period is calculated from January 1 of the year following the year of the end of its record keeping. So, it is stored until 12/31/2019.
For the lack of a document, the perpetrator may be held liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of a fine:
- for officials - from 1000 to 5000 rubles;
- for legal entities - from 30,000 to 50,000 rubles.
It is also possible for legal entities to suspend activities for up to 90 days.