Annual paid leave: the procedure for its provision with sample documents. How to book a vacation correctly

Article 114 allows an employee to go on annual leave while maintaining his position and average earnings.

How to book a vacation correctly? What documents are needed for registration? To apply for annual paid leave, you need to prepare a certain set of documents.

These include:

1. Schedule.
2. Notification
3. Statement.
4. Order.
5. Note-calculation.

Let's look at each of the documents in more detail in turn.

Schedule

Documentation of vacations begins with the vacation schedule.

The concept of a vacation schedule can be found in Article 123 of the Labor Code. According to the Labor Code, the schedule must be drawn up and approved in any company. The document is drawn up annually 14 days before the start of the calendar year.

The presence of a schedule at the enterprise is a mandatory requirement; when carrying out an inspection, the labor inspectorate will regard the absence of this document as a violation.

The schedule should be drawn up taking into account three factors. The first is the wishes of the employees. The personnel officer or department head should conduct a survey to find out when it would be preferable for a particular employee to go on vacation.

The data is summarized in a table. The second is the provisions of the Labor Code. Fundamental rights of employees must not be violated. For example, in some hazardous industries longer rest periods are required.

In addition, there are groups of people who are entitled to privileges and priority in scheduling.

These include workers under 18 years of age, pregnant women, and honorary donors.

Not taking such important points into account is an undoubted violation of labor rights.

The last thing that is relied on when drawing up a schedule is the needs of the enterprise. How to correctly fill out and approve the schedule.

How to arrange a vacation not according to the vacation schedule? Of course, it would be great to be able to go on vacation whenever you want, but this is not always possible, since the work process cannot be stopped.

The HR department should conduct a comprehensive analysis based on the company's needs. Based on three sources of information, a vacation schedule for the coming year is formed.

Schedule issued on form T-7. The form was approved by the State Statistics Committee in 2004. The first column indicates the name of the department. Then indicate the employee’s position, full name, personnel number, total number of days, as well as the planned date of retirement.

The document must be signed by the head of the personnel department and the head of the enterprise. The drafting process according to the Labor Code may be influenced by trade union organizations. The union may express disagreement, after which the search for a compromise begins. If you cannot solve the problem, you should contact the labor inspectorate.

The T-7 shape is quite flexible. If there is a need to reschedule vacation, that is, to make changes to the schedule, the personnel officer should fill out paragraphs 8 and 9 of the form. They are provided precisely for this case. In addition, in order to take a vacation outside of the schedule, an application from the employee and the written consent of the boss will be required.

Notification

The employee must be notified of the leave using a special document.

– an important and binding document.

He officially informs the employee about the start of annual paid leave.

The concept of notification can be found in article 123 of the Labor Code.

The employee must be notified of the start time of the vacation no later than 14 days before the start of the holiday.

But if the leave has already been issued on the basis of the employee’s own application, then notification is not mandatory.

Otherwise, notification is made in writing and in person. Failure to provide notice may provide a valid reason for refusing leave at an inappropriate time for the employee. If you refuse to familiarize yourself, a special act must be drawn up.

There is no standard form for notification. But it must indicate the title of the document, the date of preparation, the text of the notification, the position and full name of the employee, and the day of delivery. The text of the notification conveys the main idea.

Here's an example:

Based on the provisions of the Labor Code and local acts of the enterprise, we inform you about the provision of paid annual leave in the period from August 10, 2016 to August 25, 2016.

Confirm receipt of the notification with a handwritten signature.

Statement

Should write at least four days before the start of the holiday. The period is not established by law, but accounting usually begins to accrue vacation pay three days before the start of the vacation period, so a three-day period is logically justified.

In addition, in the local regulations of the company, the deadlines for filing an application can be established more precisely and specifically. In some extreme cases, with the approval of management and accounting, it is theoretically possible to submit an application in one day.

The document is drawn up in any form, the main thing is to convey the meaning and indicate basic data (for example, full name, date, name of the organization, start and end time of the vacation period).

Please note that there are several different types of holidays.

If annual paid leave is issued, this must be reflected in the text and title of the document.

Here is the approximate text of the statement:

General Director of Stroymontazh LLC I.I. Ivanov from P.V. Petrov, senior installer.

Please provide me with annual paid leave for a period of 28 calendar days from August 10, 2016 to August 28, 2016.

Order

To arrange a vacation period, the employee also needs to issue an order. , for simultaneous registration of several employees, another version of the form is used - T-6a.

The document indicates the number, date of preparation, personnel number, name of the type of leave. The order is mandatory, even if there is a drawn up schedule. The form is signed by the head of the company and the head of the human resources department.

Note-calculation

This document allows you to calculate payments due to an employee during the vacation period..

The form is a double-sided form.

On the first side, basic data about the vacation is indicated (dates, start and end of the vacation).

On the second side, accounting calculations are made for the due payments.

Form T-60 is also a mandatory document. To fill it out, you will need to calculate the employee’s average earnings.

Conclusion

The vacation schedule is influenced by three factors - the needs of the enterprise, the wishes of the employees and the provisions of the Labor Code. The start of a vacation is recorded in two ways - with the help of an employee’s statement or with the help of a notification to management.

Both options must be in writing, with dates and signatures. If the employee refuses to sign the notice, then a special act should be drawn up.

Each type of vacation requires the preparation of its own set of documents, and vacation pay is not always due. Scheme 1 proposes one of the options for classifying vacations. As you can see, annual paid leave is not the only option (moreover, it includes several subtypes of leave). We will talk about registration of such annual paid leave later in the article.

The composition of the documents drawn up will depend on one more factor. If an employee’s vacation is planned in the vacation schedule for a given year, then we will have one action algorithm. If a person has recently joined the organization, i.e. has been working for the first year, then the basis (and the first document) for processing his annual paid leave will be an application requesting leave. These 2 situations are clearly shown in Diagram 2.

Scheme 2

A set of documents for registration of annual paid leave

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Previously, unified forms of documents approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 were used to register leave. Now they have lost their mandatory status. In practice, these forms continue to be used, having approved them (perhaps with minimal modifications) by their order and replacing the data of the approving document in the “header”: previously there was a resolution of the State Statistics Committee, but now there is an order from your manager. Therefore, for a better understanding of which document is involved in registering leave, in Scheme 2 we have included links to the numbers of the already “canceled” unified forms. Those documents for which the form number is not specified, both before and now, are drawn up in any form (until the organization has regulated this process for itself).

So, when applying for the next vacation, it is necessary to clearly distinguish between the situations when it is provided according to the vacation schedule, and when it is provided by agreement between the employee and the administration of the organization (for the 1st year of work in the organization or in case of postponement of vacation, etc.).

Vacation as scheduled

The vacation schedule is a special document. On the one hand, it, of course, is consistent with trade union bodies, but on the other hand, not all organizations can boast of strong trade union committees. Therefore, in most cases, a vacation schedule is essentially an administrative document of the organization’s administration. The vacation schedule must be approved annually no later than 2 weeks before the start of the calendar year. When planning employees' vacations, their wishes are collected. But they are not always included in the schedule in their original form, for example, it still won’t be possible for everyone to go on vacation together in July and August (the most popular months). After all, someone has to keep the organization running.

In our opinion, by fixing the procedure and deadline for the adoption of this document, the legislator implied that changes to the already approved schedule are possible only by agreement between the parties (employee and employer). Unfortunately, in practice, the administration of an organization does not always adhere to this restriction; Moreover, there are cases when the courts support the employer’s right to unilaterally change the vacation schedule already “during the vacation season”:

Example 1 (from judicial practice)

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N. filed a lawsuit against OJSC VNIIST to declare the order to grant vacation and the order to amend the vacation schedule invalid.

Considering the case, the court found that the vacation schedule was approved on time, as required by Art. 123 of the Labor Code of the Russian Federation - 2 weeks before the start of the year. Later, the OJSC issued an order to postpone N.’s vacation, but the plaintiff did not agree with the postponement of the vacation, which was reflected in the order when reading it. Despite this, the employer nevertheless issued the following order to grant N. leave at a time convenient to him.

The court sided with the employer, explaining that the procedure for registering the vacation schedule was followed by the defendant and N. was notified of the start time of vacation 2 weeks before the start of the vacation.

This is what the court of first instance decided first, and then subsequent ones (see the ruling of the Moscow City Court dated 08/08/2011 in case No. 33-24592).

Such an approach to the vacation schedule, in our opinion, seriously distorts the provisions of Art. 123 of the Labor Code of the Russian Federation on the binding nature of the document for both parties. In fact, the court stated that the employer has the right to make unilateral changes, with the only limitation - changes must be made no later than 2 weeks before the granting of leave (this is the period for notifying the employee about the granting of annual leave). At the same time, this approach of the court shows the employer the importance of proper paperwork when granting leave “as scheduled.”

An approved vacation schedule is a plan according to which employees go “on vacation.” See Example 2. Please note: column 6 with the planned vacation period is filled in immediately, but column 7 is filled in only for completed vacations, because while the employee has not taken his vacation, it can still be extended or postponed, so column 7 for upcoming vacations empty.

The employee must be notified by personal signature of the start of a scheduled vacation no later than 2 weeks in advance. The title of the notification document in this case is not particularly important. The most favorite names: notice, notification, aide-memoire, information letter. Legal consequences are determined not by the title of the document, but by its content. The minimum information is shown in the first section of this document in Example 3 (up to the top dotted line); However, we also added information here about the end of the vacation and the date of return to work, so that the employee does not have to calculate this on his own (in order to reduce the likelihood of his error). This document can be supplemented with two more sections that will allow you to identify and immediately document the initiative to postpone the vacation, if necessary the day before:

• in the 2nd section of the document, you can reflect the employee’s initiative and agree on the transfer of leave with his immediate supervisor;
• in section 3 - management’s initiative and coordinate it with the employee.

An explanation of the rules for calculating the duration of vacation can be found in the article “Annual paid leave: when and how much we go for walks”

In order to simplify paperwork in organizations, such notifications are often abandoned. The employee is notified of the upcoming vacation by presenting him with a “vacation” order, which he endorses. Then you need to issue such an order and familiarize the employee with it under his signature the same 2 weeks before the start of his vacation. However, this option has its drawbacks. They are most clearly visible in large companies, where orders for the provision of leave are “complex” and not individual documents (form T-6a, not T-6), that is, they are made for several people at once. If there are many vacationers on the order, then it is more difficult to track everything and notify everyone on time. Although we emphasize that this method of documentation is appropriate.

Some organizations go even further - they familiarize employees with the vacation schedule. Inspectors treat such notification differently: if the review took place soon after the schedule was approved, i.e. long before the vacation, the employee may have time to forget about it, so such familiarization can hardly be considered a notice of the start of vacation, provided for in Art. 123 Labor Code of the Russian Federation.

Example 3

Notice of the start of vacation

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The next in the series of documents is (see Diagram 2 and Example 4). Until January 1, 2013, we had to use unified order forms (T-6 and T-6a) approved by the State Statistics Committee. But after changes in accounting legislation, we must use document forms approved by the head of the organization. At the same time, in order not to reinvent the wheel, we recommend using “old”, time-tested document forms, making adjustments to them if necessary for your organization. For example, you can increase the number of columns by type of leave, reflecting in the order form those that are most often provided to employees of the organization (in Example 4, such adjustments to the unified form are highlighted in orange).

Example 4

Order on granting leave to an employee

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If you have a large organization, then in order to use the order to grant leave to employees (previously it was form T-6a), you also need to remember to approve it.

Such documents (see Diagram 2) as note-calculation on granting leave, employee’s personal card and personal account, as a rule, are carried out by the personnel department and accounting, so we will not dwell on them for long.

After the employee returns from vacation, the dates of his actual vacation are reflected in column 7 vacation schedule(Example 2), and during the employee’s absence, the corresponding marks are placed in time sheet. In the next issue we will consider in detail the situations of recall from vacation, its transfer, etc., then we will explain the intricacies of filling out these last two documents.

Vacation “by agreement of the parties”

If a specific employee is scheduled for vacation (for example, when he has been working for the first year in this organization and this document was drawn up before his employment in this organization - see Diagram 2), then another document is needed that unambiguously records the will of both the employee and the employer. This is employee's application for leave .

For a sample application for leave and comments regarding its details and text, see the article “Annual paid leave: when and how long do we go out? »

The presence of approval on the visa application from the immediate supervisor of the employee who wishes to go on vacation is not mandatory from the point of view of the legislator. But from the standpoint of common sense, this is necessary: ​​then, before making a decision, the head of the organization will see not only the desire of the employee, but also the assessment of the possibility of his absence by the mid-level manager, whose management area includes the area of ​​work of the person wishing to go on vacation. At the same time, a visa for the immediate manager essentially simultaneously means that he takes responsibility for the coordination of such issues as changes in work schedules or shifts, redistribution of responsibilities.

• and when leave is granted in accordance with the leave schedule,
• and when this is done on the basis of a positive resolution from the manager on the employee’s application.

Example 5

Order to amend the vacation schedule

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If the order is used, among other things, to notify the employee about the next vacation, then it must be drawn up in such a way that the employee can be familiarized with it no later than 2 weeks before the start of the vacation. Otherwise, the order is issued based on the need to provide the organization’s accounting department with time to make calculations and issue vacation pay to the employee. Payment for vacation must be made no later than 3 days before it starts.

Composition of subsequent documents(see Diagram 2) for two algorithms for providing leave is also the same.

Let us note only one feature. When applying for leave based on an employee’s application, most organizations forget make appropriate changes to the vacation schedule itself. In many ways, this demonstrates the established practice of treating this document as mandatory, but not binding. At the same time, it is often overlooked that the vacation of one employee is usually closely related to the vacations of others, and a violation of the schedule at one point may lead to the need to change it for a number of other reasons. As a result, conflicts often arise both between workers and management, and between workers and each other. To minimize the consequences of such conflicts, it is necessary to document as thoroughly as possible all changes that arise when granting leave. A sample order for changes to the vacation schedule is shown below in Example 5.

Please note: in Example 5, the order not only reflects a change in the date of granting leave to the head of the department, but also shifts the leave of his deputy, who, in our opinion, indicates the “expected date” of his leave. This always happens with vacations of “related workers”. Indeed, on the day this order is issued, we can only guess from what date Bugulmiev will actually be granted leave. Indeed, this new date may be inconvenient for him, other employees of this department may get sick, then again there will be a need to shift his vacation, etc.

So, the postponement of vacation can be caused not only by the desire of the employee, but also by production necessity; in addition, changes to the vacation schedule will have to be made even if there has been an extension or postponement of the next employee’s vacation or their recall from the next vacation due to production necessity.

Footnotes

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As you know, the timing of employees going on annual leave is determined by the Vacation Schedule. But it is not always observed. In such situations, the accountant who prepares and calculates vacations faces additional problems. Today we will talk about how to solve them.

Situation one: suddenly on vacation

Let's start with a situation that does not happen often, but when it does, it can fray the nerves of both the manager and the accountant. We are talking about cases when an employee first does not come to work, and then asks to register his absence as paid leave. The employer, agreeing with this approach, must take into account that in this situation it will not be possible to formalize the relationship legally flawlessly*.

The matter is further aggravated by the fact that the employer must decide whether to consider this absence as a vacation immediately - after all, it must be filled out. Therefore, of course, the ideal option, if you have already decided to meet the employee halfway, is to receive a vacation application from him on the same day. Let it not be the original application, but a copy sent by fax, or scanned and sent by email. Even such a document is better than nothing.

Based on such a statement from the employee, the head of the organization must issue an order granting leave on the same day. At the same time, it will be necessary to issue an order to amend the Vacation Schedule, and also instruct the accounting department to calculate vacation pay and accrue it to the employee on the same day. At the same time, if settlements with the employee occur by transferring the amounts due to him to a bank (card) account, then on the same day the amount of vacation pay must be transferred. And if not, the employee must be notified on the same day of the opportunity to receive vacation pay.

However, as we have already said, there is no legally impeccable design option in this case. Therefore, the “ideal option” proposed above also contains a “wormhole”. Formally, in this case, the employer violates the rules of Article 136 of the Labor Code of the Russian Federation that payment for vacation must be made no later than three days before its start. And also the rules of Article 123 of the Labor Code of the Russian Federation that the employee must be notified of the date of the vacation by signature two weeks before it begins.

Simply put, “if something happens” the labor inspector will have something to complain about. Therefore, in order to reduce possible risks, it is necessary for the employee to indicate in his leave application a reason (a valid one) why he so urgently and suddenly needed leave. And of course, there should be such a statement. Without it, the chance of getting a fine increases significantly.

Situation two: vacation for a new employee

The next situation is simpler, but also capable of baffling accounting workers who have not yet become skilled in personnel matters. When engaged in personnel accounting, accountants, as a rule, know that, by law, vacation is granted on the basis of the Vacation Schedule. And this schedule is drawn up at the end of the year (more precisely, no later than two weeks before the end of the year).

However, at the beginning of the year, many organizations start new businesses, projects, open new branches, divisions, directions, etc. As a result, the staff is expanding and new employees are being recruited. It is clear that if a person joined the company, for example, in January, then he is not taken into account in the Vacation Schedule (after all, the Schedule was drawn up back in December). But after just six months, this person can apply for vacation. And it is quite possible that he will want to realize this opportunity. How to be?

In fact, everything is solved quite simply. As soon as a newly hired employee becomes eligible for vacation (usually after six months of work), it must be entered into the Vacation Schedule. This can be done in two ways: by supplementing the existing Schedule or by approving it in a new edition. Naturally, changes to the Vacation Schedule need to be made only if the employee actually plans to take vacation this year. If he does not rest, then he will be included in the Vacation Schedule for the next year and there will be no violation here.

Situation three: vacation not as scheduled

Let's consider a similar situation. When drawing up the Vacation Schedule, the employee indicated one date as his desired date, but actually wants to rest at another time. It should be borne in mind that in this case the employer has no obligation to fulfill the employee’s wishes. After all, the Vacation Schedule is a document mandatory not only for the employer, but also for the employee (Article 123 of the Labor Code of the Russian Federation). However, if you decide to accommodate the employee halfway, you will have to formalize a change in the Vacation Schedule. This is done by order or instruction of the manager based on a written application from the employee.

Please note that all these changes must be made at least two weeks before the date of the planned vacation. Otherwise, the employer will find himself in violation of the requirement of Article 123 of the Labor Code of the Russian Federation that the employee must be notified of the date of the vacation by signature two weeks before it begins.

Situation four: vacation for one day

Go ahead. In many companies, employees do not have the opportunity to use all their vacation at once. But since you still need to rest, vacation is “chosen” in small parts, sometimes even one day at a time. The accounting department, naturally, has the question of arranging such “mini-vacations”.

The first thing to consider in this regard is that the legislation does allow the employee to “split” vacation. But only if two conditions are met: the employer agrees to divide the vacation, and one of the parts of the vacation is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). By introducing this rule, the legislator assumed that the “fragmentation” of vacation would be planned and would be reflected in the Vacation Schedule even when it was drawn up. This is confirmed by the absence of any features in filling out the Vacation Schedule in the case of granting vacation in parts. This means that the proper design of “mini-vacations” will depend on when such an idea arose.

If these “mini-vacations” are planned by the employee in advance and included in the Vacation Schedule, then they are issued in the same way as regular vacation: two weeks’ notice, payment of vacation pay three days in advance, an order to grant vacation. If we are talking about unscheduled, that is, “mini-vacations” not included in the Schedule, then a rule must be established: the employee warns the employer about such “mini-vacations” at least two weeks in advance. In this case, the employer will have time to make changes to the Vacation Schedule and promptly notify the employee about the vacation.

Situation five: from sick leave to vacation

And finally, consider this situation: a few days before a planned vacation, an employee falls ill. What should I do? The answer to this question depends on when exactly the employee fell ill. If this happened before you warned him about the vacation, that is, more than two weeks before the planned date of vacation, then this issue must be resolved together with the employee. If, despite illness, he does not want to change the time of vacation, then the procedure remains unchanged - notification of the date of vacation, payment of vacation pay, order of vacation. At the same time, the annual vacation itself will be extended for those days of sick leave that fall during the vacation (Article 124 of the Labor Code of the Russian Federation). If the employee says that due to illness he would like to postpone the vacation, and the employer does not object, then, taking into account the employee’s wishes, we determine a new vacation date and make appropriate changes to the Schedule.

We act differently in cases where an employee falls ill after he was warned about vacation or even after receiving vacation pay. Here the employer has the right not to take any action at all - the vacation will automatically be extended for the duration of the sick leave. No amendments to the Vacation Schedule are required.

The situation will not be complicated by the fact that the employee fell ill without having time to apply for leave. The fact is that, according to the Labor Code, such a statement need not be drawn up. We have already mentioned that vacation is provided on the basis of the Vacation Schedule, which is mandatory for both the employee and the employer (Article 123 of the Labor Code of the Russian Federation). So the order for granting leave is drawn up on the basis of the Leave Schedule and no application is needed here.

At the same time, if an employee asks to reschedule his leave due to illness, then the employer has the right (but not the obligation!) to accommodate him (Article 124 of the Labor Code of the Russian Federation). Accordingly, in this case, a new vacation date is determined and changes are made to the Schedule.

* In this case, we do not consider the option of processing all vacation documents “retrospectively”. At first glance, this is an ideal option. However, it must be taken into account that signing such documents is a matter of goodwill not only of the employer, but also of the employee. This means that there is always a risk that he will back down and not sign the documents. In addition, organically integrating several documents retroactively into the document flow is not an easy task.

The procedure for granting leave to employees of an enterprise consists of issuing the following mandatory documents:

vacation schedule

leave order

note-calculation on granting leave to an employee

When drawing up documents, it is necessary to rely on current labor legislation. First of all, you should be guided by Chapter 19 of the Labor Code of the Russian Federation, as well as other federal laws governing the provision of vacations. When granting leave, other documents may also be issued, unified forms for which do not exist, but their mandatory nature is directly provided for by law. Such documents may include a leave application. If vacation is scheduled, regulations do not provide for the obligation of employees to submit an application for it. A written application is submitted when an employee requests leave at a time other than the schedule. For example:

application for leave before the end of 6 months of continuous work with this employer (Article 122 of the Labor Code of the Russian Federation);

an application to replace part of the annual paid leave exceeding 28 calendar days with monetary compensation (Article 126 of the Labor Code of the Russian Federation);

application for leave with subsequent dismissal (Article 127 of the Labor Code of the Russian Federation);

application for leave without pay (Article 128 of the Labor Code of the Russian Federation). 1

There are documents that are not directly mentioned in legislative acts on vacations, but in practice are issued by organizations at their discretion:

order to recall from vacation

order to reschedule vacation

notice of the start of vacation

notification of division of leave into parts.

For all these documents, the forms (composition of details) are determined at the discretion of the enterprise.

One of the most important documents for granting vacation is the vacation schedule. Drawing up a document means putting down the necessary details established by the documentation rules. Document details are a mandatory element in the design of an official document. A more detailed definition can be given - mandatory data or information that an official document must contain in order to have genuine legal force and serve as the basis for transactions.

A vacation schedule is a local regulatory act of an organization that determines the order of provision of paid vacations in a calendar year to employees of the organization. Based on this definition, the purpose of the vacation schedule is as follows:

establishing the priority for granting annual paid leave to employees in accordance with the rules in force at the enterprise;

informing employees about the planned time of granting them annual paid leave.

Drawing up a vacation schedule is necessary for accountants to account for labor costs. The schedule should be drawn up and approved no later than 2 weeks before the start of the calendar year. For example, the vacation schedule for 2014 must be approved no later than December 19, 2013. If there is no vacation schedule or even if it is not drawn up on time, the tax authorities may exclude from expenses the expenses of organizations to pay for employee vacations. Failure to take this document seriously may affect the financial condition of the organization. Therefore, personnel services are recommended to start drawing up this document in November, because registration takes place in four stages:

collecting information from departments about which employees want to go on vacation and when;

drawing up a schedule taking into account the legislation;

direct execution of the document;

signature of the head of the personnel department and the first person of the organization. 1

First, you need to find out the opinion of employees about the timing of their vacation. This can be done using special questionnaires, and with a small staff, it is enough to post an advertisement or verbally notify employees that by the end of November they must submit their own statements or notes about the expected date of use of the next vacation. In case of failure to submit an application (questionnaire) within the established period, the personnel service reserves the right to independently determine the time of granting leave without consultation with the employee. But such decisions are often disputed by employees, especially if they have the right to use vacation at a convenient time.

The duration of the vacation should not be less than established by law (Article 115 of the Labor Code of the Russian Federation). Attention should be paid to employees who are entitled to extended or additional leave. If the vacation is divided into parts, at least one of its parts should not be less than 14 days (Article 125 of the Labor Code of the Russian Federation). If vacation is postponed with the employee’s consent to the next working year, vacation must be used no later than 12 months after the end of the working year for which it is provided (Article 124 of the Labor Code of the Russian Federation).

Leave must not begin earlier than the working year for which it is granted. Therefore, it is necessary to monitor whether the employee’s working year has changed.

If, when drawing up a vacation schedule, some employees have not yet become entitled to vacation (six months have not passed since the date of hire), this should also be taken into account. Do not forget about the exceptions established by Part 3 of Art. 122 Labor Code of the Russian Federation. 1

A special unified form No. T-7 is provided for the vacation schedule. The sixth column indicates the specific calendar date of the start of the vacation. If the vacation is divided into parts, then in the fifth and sixth columns 5 and 6 of form No. T-7 the start dates of each part of the vacation are indicated. The seventh column entitled “Actual vacation date” remains blank until the employee goes on vacation. And the eighth and ninth columns “Transferring vacation” may remain empty if the employee uses vacation in accordance with the dates initially planned in the schedule. In the “Notes” column you can make notes necessary for the HR or accounting department. After filling out form No. T-7, the document is agreed upon and approved. A prerequisite is the opinion of the elected trade union body of this organization, which must be expressed in writing. The details of this document are indicated in the corresponding lines of form No. T-7, i.e. in the upper left corner below the name of the organization the date (month in words) and the number of the minutes of the meeting are indicated.

Since the vacation schedule is a local regulatory act of the organization, it is advisable to coordinate its draft with the heads of structural divisions. The chief accountant of the organization must also put his stamp on the draft vacation schedule, since it is the accounting department that will be responsible for paying vacation pay to employees. Then the document is endorsed by the head of the personnel department and submitted for approval to the head of the organization or his authorized person. Regardless of the date on which the head of the organization approved the vacation schedule, it comes into force on January 1 of the calendar year.

It is important that employees must be familiarized with the finished schedule, and it is advisable to familiarize each employee with signature. However, form No. T-7 does not provide a column intended for affixing signatures by the employees themselves.

If the employee is notified of the start of the vacation later than two weeks, or he is not paid vacation pay on time, the employer (upon a written application from the employee) will be obliged to postpone the employee’s vacation to another date agreed upon with him. When transferring the vacation period to another time in accordance with Art. 124 of the Labor Code of the Russian Federation, with the consent of the employee and the employer (represented by the head of the structural unit of the enterprise), appropriate changes are made to the vacation schedule. The head of the enterprise issues an order to make changes.

Thus, the priority of granting vacations is determined by the vacation schedule (unified form No. T-7), which is compiled in 4 stages. Approval must occur no later than December 17th. Employees must be familiar with the vacation schedule upon signature; this can be done in three ways. Employees hired in the first half of the year must be included in the schedule; in the second half there is no need. Extension and transfer of vacation are also reflected in the vacation schedule. This procedure is based on the Order and supporting documents.

To issue orders for personnel, which include orders for granting leave, they must contain a reference to the supporting documents. Due to established tradition, any order from the head of an organization regarding personnel is issued on the basis of the so-called initiative document, which is the basis for issuing the order itself. In the order, a mandatory detail is a link to the corresponding document-base, indicating the name of the document (application), date and number, and often the position, initials and surname of the author of the document.

The application is a personal document, drawn up on a blank sheet of paper in accordance with the form (sample) established by the enterprise and signed personally by the person submitting the application. To give the application legal force, this document must be addressed to the head of the organization, indicating his position, initials, and surname. The application must contain information about its author, indicating the position, initials and surname. The type of document should be indicated with the word “application”. The text of the document must contain the subject or reason for drawing up the application. The most important details of the application are the date of preparation and the employee’s handwritten signature. 1

A leave application is a document that contains an employee’s request to be granted leave of a certain type and duration. The appointment of an application for leave to initiate the procedure for granting leave to the employee, with the subsequent issuance of an order for granting leave. An application for leave must be completed in the following cases:

providing leave to newly hired employees;

provision of annual paid leave to those who are entitled to it before the expiration of six months of continuous work in the organization;

compensation for part of the vacation exceeding 28 days;

provision of unused vacation (or compensation for it) followed by dismissal;

receiving all types of unpaid leave;

provision of paid educational leave. 2

In applications for leave, the text must indicate the type of leave, the period of work for which it is granted, the start and end dates of the leave. An important point is also that when preparing an application for leave, you must attach documents confirming the validity of the applicant’s application:

maternity leave - certificate of incapacity for work;

maternity leave - child's birth certificate;

educational leave - a certificate of summons from an educational institution;

leave for length of service (provided to certain categories of employees in accordance with federal legislation) - certificate confirming length of service (extract from personal file).

The leave application form is provided in the Unified System of Organizational and Administrative Documentation.

The application for leave must contain the following details:

addressee, head of the organization, indicating his position, surname and initials;

name of the document type;

Many organizations develop a template form for vacation applications, in which the employee fills out only variable data. The application is written in one copy. The visa of the head of the structural unit is affixed to the application. A visa is a requisite indicating the agreement or disagreement of an official of an organization with the contents of a document.

Thus, an application for leave is one of the grounds for issuing an order to grant leave to an employee. Writing an application is necessary in cases not covered by the vacation schedule. The application must be accompanied by documents confirming the employee’s right to the appropriate leave.

After approval of the vacation schedule, the next stage in documenting vacations in the general case is issuing an order to grant vacation to the organization’s employees. The order refers to organizational and administrative documents, that is, a type of written document that records the resolution of administrative and organizational issues, as well as issues of management, interaction, support and regulation of the activities of government bodies, institutions, enterprises and organizations, their divisions and officials. An order is one of the most common types of administrative documents issued by the administration of all organizations.

According to the state standard, an order is a legal act issued by the head of an institution operating on the basis of the principle of unity of command in order to resolve the main and operational tasks facing this institution.

An order for granting leave is a document on the basis of which the fact of granting leave to employees of an enterprise is recorded. An order for leave is issued by the head of the enterprise, and an order for granting leave is issued by other officials authorized by the head of the enterprise.

An application for leave is required in cases where an employee goes on leave at a time other than the vacation schedule.

The order documents the fact of granting both basic (annual paid) leave and other types of paid and unpaid leave. The procedure for granting vacations to employees of the enterprise, their types, duration, size, priority, calculation, etc., is determined in accordance with Chapter. 19 of the Labor Code of the Russian Federation, as well as the provisions of other regulations, local acts of the organization and employment contracts concluded with relevant employees.

Orders are drawn up by a personnel service employee or a person authorized by him, signed by the head of the organization or a person authorized by him, and announced to the employee against signature.

Based on the order (instruction) to grant leave, marks are made in the employee’s personal card (form No. T-2 or No. T-2GS (MS), personal account (form No. T-54 or No. T-54a) and wages are calculated, due for vacation, according to form No. T-60 “Note - calculation of the provision of vacation to the employee.”

The draft order for granting leave is drawn up using unified forms No. T-6 and T-6a, which are provided by the State Statistics Committee of the Russian Federation. In this case, the unified form No. T-6 is used to document the fact of granting leave to one employee, while the unified form No. T-6a is used to document the fact of granting leave to two or more employees. That is, the organization’s personnel service has the opportunity to formalize in an order, with one date and one registration number, the fact of granting leave to several employees. The organization itself decides which form to use. The disadvantage of form No. T-6a is that its use is not always convenient, since there is little space for entering information. At the same time, form No. T-6a significantly reduces the number of orders issued, which simplifies the document flow of the enterprise.

There are two types of orders: for main activities and for personnel. An order to grant leave to employees is an order for personnel, drawn up on a general form with the details arranged longitudinally. The order signed by the head of the enterprise is announced to the employee against signature. The order is issued in accordance with the requirements of GOST R 6.30-2003. Details used in the leave order:

the organization code is entered according to the All-Russian Classifier of Enterprises and Organizations (OKPO);

the document form code is entered according to the All-Russian Classifier of Management Documentation (OKUD) - 0301005;

the name of the enterprise must correspond to the name enshrined in its constituent documents;

name of the document type. The standard instructions for office work in federal executive authorities establishes special rules for the preparation of the “Name of document” requisite. The word “ORDER” is printed in capital letters and in bold;

the date of the order is the date of its signing. The date of the document is written in Arabic numerals in the sequence: day of the month, month, year. The day of the month and month are written in two pairs of Arabic numerals separated by a dot; year - four Arabic numerals;

document registration number – No. 03-54. The first part of the number means the number of the structural unit that issued the order, and the second part of the number means the serial number of the document;

The title to the text includes a summary of the document. The title must be consistent with the name of the document type. That is, it must answer questions about what (about whom)? There is no period at the end of the title. Order (about what?) on granting leave to an employee;

the text of the document must contain reliable and reasoned information, presented clearly, convincingly, and concisely. The text of the order must be drawn up in the state language of the Russian Federation, that is, in Russian, in two parts: stating and administrative. The first part may be omitted.

The text of the unified form T-6 begins with the phrase: “Grant leave,” then the surname, name, and patronymic of the employee are indicated in the dative case. Form No. T-6 provides a column for the employee’s personnel number; we indicate it in accordance with the organization’s staffing table. Next, write the name of the structural unit where the employee works, his position (specialty, profession), indicated in the employment contract, in the order for hiring the employee, and if he was transferred, then in the amendment to the employment contract and the transfer order (head of the workshop).

When providing this information, HR officers should use the employee’s personal card. Then the column “for the period of work” is filled in, that is, the starting and last date of the working year for which the employee is entitled to leave is entered. Next, you need to fill out, in accordance with the types of vacations established by the Labor Code of the Russian Federation, points A, B, C, presented in the unified form T-6.

In paragraph A, you should indicate the number of calendar days if annual basic paid leave is provided, as well as the start and end dates of the leave. Point B is filled out if the employee is provided with additional annual paid leave, educational, without pay or any other. In our case, this column remains empty (you can put dashes), since no other types of leave are provided. In paragraph B, it is necessary to indicate the total number of calendar days of vacation, that is, the sum of vacation days from points A and B, as well as the time frame consisting of their specific dates.

9) signature, document details, which is a handwritten signature of an authorized official. This props includes:

Job title;

personal signature;

decryption of the signature (initials, surname).

All orders are issued on the basis of unity of command, therefore they have one signature - the head of the organization or another person who has the right to issue orders (usually the head of the organization).

10) a visa to familiarize the employee with the order contains:

the words “The employee is familiar with the order”;

personal signature of the employee;

date of acquaintance.

The order does not require affixing additional identification details (seal).

Annual paid leave is provided to part-time workers simultaneously with leave for their main job. If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the employee’s request, provides him with leave without pay for the corresponding duration (Part 2 of Article 286 of the Labor Code of the Russian Federation).

Thus, the basis for granting leave is an order (instruction) of the head of the enterprise, for which two unified forms T-6 and T-6a are provided. It refers to orders for personnel, as well as to organizational and administrative documents, therefore, details that are characteristic of all organizational and administrative documents are used. It is drawn up on a general form with a longitudinal arrangement of details, taking into account the requirements of GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Documentation requirements."

A notice is a document by which the employer communicates to the employee official information about any changes in the employment relationship. The notification refers to documents that do not have official status - this document is not included in the All-Russian Classifier of Management Documents, not a single normative document of intersectoral effect contains rules for the preparation and execution of a notification. The Labor Code of the Russian Federation provides for the mandatory sending of written notification to the employer to the employee in a number of cases, including when providing annual paid leave.

A vacation notice is a document whose main purpose is to notify (warn) the employee about the start time of annual paid leave. In the form of notification, the employer can also offer the employee to divide the vacation into parts, which is provided for in Art. 125 Labor Code of the Russian Federation.

According to Art. 123 of the Labor Code of the Russian Federation, the employee must be notified of the start time of annual paid leave no later than two weeks before the start date of the leave established by the vacation schedule. A notice of leave does not need to be drawn up if the employee goes on leave upon request. A notice of leave should be sent to the employee personally and in writing.

It is allowed to notify employees of one structural unit about the established dates for the start of vacations against signature in the workbook of the head of the structural unit (in compliance with the above deadline). Untimely notification of the employee about the start date of the vacation gives grounds for transferring the vacation to another date. If the employee refuses to familiarize himself with the notice, a corresponding act is drawn up.

For a notice to be valid, the following requirements must be met:

the document must contain the name of the organization (enterprise) and the necessary data to identify it;

the document must be addressed to the employee indicating his position, initials, surname and residential address if the document is sent by mail;

the document must be registered and its date must comply with legal requirements;

the text of the notification must contain a message about the employer’s upcoming actions with reference to documents, articles of legislation, as well as the consequences of these actions for the employee;

the document must be signed by the employer (the head of the organization) or his deputy, who has the authority to do so, indicating his position, initials and surname.

At many enterprises, notifications are issued as an internal document, which contains an indication of the position, last name, first name, patronymic of the employee, text with information about upcoming changes, but is not registered and does not have a number. There are cases when notifications are signed by officials who are not authorized representatives of the employer. Notifications issued in this way may cause comments from inspectors. The most serious argument should be considered the fact that in the event of a labor dispute and legal proceedings, such documents do not serve as evidence.

To issue notifications, it seems most rational to use the organization’s letter form, since it provides all the necessary details and gives the notification an official character. It is also advisable to draw up the text of notifications in accordance with the recommendations for drawing up information letters: in the first part, state the conditions or reasons, and in the second - proposals or solutions.

The notice may be sent by mail to the address that the employee provided to the employer. In this case, the document is sent by registered mail with return receipt requested; a copy of the letter and the postal receipt should be kept. The notice may be given to the employee in person. In this case, the document is addressed to the official. With this method of familiarizing the employee with the notification, a visa must be issued on it for familiarization and agreement (or disagreement) of the employee with the contents of the document. The presence of the employee’s signature and his response on the notification makes this registration option preferable to sending the document by mail.

It is possible to use a pre-compiled template form, in which only variable data will need to be added. The use of stencil forms significantly reduces the time for drawing up a document and brings uniformity to the document flow. It is necessary to remember when filling out that the last name, first name, patronymic of the employee, his position and structural unit (in the upper right corner) are written in the dative case.

Thus, the main task of the vacation notice is to notify (warn) the employee about the start time of the annual paid vacation in accordance with the Labor Code of the Russian Federation. In order for the notification to have legal force, it is necessary to correctly prepare all the details, namely the name of the organization, the addressee (indicating the position, initials, surname), registration number and date, text (with reference to documents, articles of legislation), signature of the employer. It is necessary to have a visa for familiarization and agreement (or disagreement) of the employee with the contents of the document. Only with a complete set of details can a notification serve as evidence in court proceedings.

Based on the Order, the HR employee draws up a calculation note, so it is necessary to consider the main aspects of its execution.

A note-calculation on granting leave is a document intended to confirm the fact that an employee has been granted annual paid leave and to prepare a calculation of payments due to him for the leave period. This document is also unified by the State Statistics Committee, this is form No. T-60. It is two-sided. The front side is filled out by the HR employee, and the back side is filled out by the accountant. The beginning of the document is similar to the order for granting leave, which was discussed above; there should not be any special difficulties here, so we will not dwell on this in detail.

When registering part of the annual paid leave, the entire year is indicated in the “Calculation period” column, even if it has not yet been worked by the employee. In the case of maternity leave or child care leave, the column is not filled in.

The third column, entitled “Payments taken into account when calculating average earnings,” indicates the total amount of payments to the employee for each month of the billing period, taking into account all (occurring) adjustments.

When using an adjustment factor in calculations, an accounting certificate is drawn up. There is no unified form for this certificate. It can be independently developed by an accountant, but since the accounting certificate is the primary accounting document, it must contain the mandatory details provided for by the Law “On Accounting”.

When filling out column 4 “Number of calendar days of the billing period,” you must remember that when calculating vacation pay, a “conditional” number of calendar days is used, which in a fully worked month is 29.4 days. In the case of an incompletely worked month, an additional calculation is applied by dividing the “conditional” number by the actual number of calendar days in the month and multiplying by the days worked.

The fifth column “Number of hours of the billing period” is filled in when calculating vacation pay for an employee for whom a summarized calculation of working time has been established.

The sixth column is the amount of average daily earnings determined by dividing the amount of accruals for the billing period by the number of calendar days accepted for the billing period.

Vacation pay payable to an employee is calculated by multiplying the average daily earnings by the number of vacation days and subtracting income tax and other deductions from the resulting amount.

The calculation note must be signed by the HR employee who filled out the front side, and the accountant who filled out the back side.

The execution of the signature must comply with GOST R 6.30-2003, as well as the execution of other mandatory details - the name of the organization, the name of the type of document, the title of the text, OKUD and OKPO codes. The calculation note is intended to confirm the fact of granting leave, as well as to calculate payments due to the employee when granting leave. Filled out in accordance with the unified form No. T-60 by both the HR department employee and the accountant.

Thus, we reviewed the main documents that HR department employees have to deal with when granting vacations. Such documents include a vacation schedule, a vacation application, an order for granting leave to an employee, a notice of leave and a note-calculation for granting leave to an employee. The procedure for granting vacations is regulated by Ch. 19 of the Labor Code of the Russian Federation, as well as other federal laws affecting the provision of vacations. Accordingly, when creating documents, you must be guided by their provisions. When working with documents, you should take into account the requirements of the State Document Management System, instructions for office work of a particular enterprise and the provisions of GOST R 51141-98 “Office work and archiving. Terms and Definitions". Proper execution of documents confirms the fact that vacations are legally granted to employees of the organization.

Question answer. We're going on vacation. How to arrange everything correctly?

The holiday season has begun. What leave rules must employees and employers follow? We answer the main questions.

Vacation schedule

Write down the order in which employees go on vacation in the vacation schedule. To complete it, use form No. T-7 or a self-developed form.

When planning a schedule, take into account the specifics of the organization’s activities: technological features, periods of decline and activity in work. The law does not require taking into account the wishes of all employees without exception. If the organization has a trade union, then its opinion must be taken into account when drawing up the schedule.

The schedule is drawn up once a year for the calendar year. The vacation schedule for the new year must be approved no later than December 17 of the current year. A new organization does not need to approve a schedule for the year in which it was created.

The vacation schedule is signed by the head of the HR department and approved by the head of the organization.

Compliance with the approved schedule is mandatory for both the employer and employees.

This is stated in Article 123 of the Labor Code of the Russian Federation.

A newly created organization must draw up a vacation schedule in the general manner - no later than two weeks before the start of the next calendar year, that is, no later than December 17 of the current year.

It is not necessary to draw up a vacation schedule for the year in which the organization was created. In the year the organization is founded, its employees will go on vacation not according to the vacation schedule, but according to applications, taking into account the minimum length of service that gives the right to vacation. At the same time, if the organization was created at the beginning of the year and the staff was formed, then, if desired, it has the right to draw up a vacation schedule ahead of schedule. It will make it possible to regulate when employees go on vacation after six months of work; it is at this time that employees, as a general rule, have the right to vacation (Part 2 of Article 122 of the Labor Code of the Russian Federation).

Attention: for refusing to comply with the schedule, the employer can be held administratively liable for violating labor laws, and the employee can be subject to disciplinary action. The courts also point to this, see, for example, the resolution of the Presidium of the Court of the Khanty-Mansiysk Autonomous Okrug - Ugra dated November 6, 2015 No. 44G-53/2015.

How far in advance must an employee write an application for annual leave?

The legislation does not regulate this period.

This is because it is not necessary. The basis for granting leave outside the schedule (i.e., upon application) is not the application itself, but the agreement between the employee and the employer to provide leave within the time limits specified in the application. Therefore, the employer, based on the actual production situation, can either accept the employee’s application and release him on vacation, for example, in a week, or refuse to provide vacation, even if the employee submits the application a month before the expected date of vacation.

At the same time, in order to streamline personnel procedures in the organization, the employer can independently determine in local documents the minimum period within which an employee should be notified of his desire to go on vacation. When setting such a period, it is necessary to take into account:

the employer's obligation to comply with the minimum three-day period for payment of vacation pay;

the time required to find a suitable replacement for an employee during his absence.

Based on the above, the employer can determine such a period, for example, two weeks, drawing an analogy with the situation when an employee takes vacation according to the schedule and the employer notifies him of this no later than two weeks in advance. At the same time, when adding such a condition to a local act, it is necessary to make a reservation that it will not apply to employees who are granted the right by labor legislation to take leave at the time they require, without taking into account the opinion of the employer (Articles 122, 123 of the Labor Code of the Russian Federation).

The validity of such conclusions follows from the totality of the provisions of Articles 8, 123, 136 of the Labor Code of the Russian Federation.

Application for leave

If an employee takes another vacation according to a schedule that specifies the exact start date of the vacation, it is not necessary to write a vacation application. If an employee wants to go on vacation on days other than those indicated in the schedule, or the schedule does not contain the exact start and end dates of the vacation, then he must write an application in any form.

An application is also required if a vacation is taken by a new employee who was hired after the schedule was approved.

How to indicate in a vacation order the period of work for which the employee is granted vacation

In a vacation order, in the column “for the period of work,” you must always indicate the individual working year of the employee for which he is granted vacation.

For each year of work, an employee has the right to vacation (Article 122 of the Labor Code of the Russian Federation). In the vacation order, you must indicate as the period the working year for which the employee uses the vacation (letter of Rostrud dated June 14, 2012 No. 854-6-1). This can be either the current working year or earlier ones if the employee has accumulated unused vacations from previous years.

The working year, as a rule, is not equal to the calendar year. Because the beginning of the first working year is counted from the moment the employee is hired. For example, if an employee got a job on December 1, 2014, then his first working year is generally the period from December 1, 2014 to November 30, 2015. The second working year is from December 1, 2015 to November 30, 2016, etc.

However, the working year may be shifted if there are periods during that year that do not qualify for holiday. For more information about the rules for determining the working year in such cases, see How to calculate the working year if the employee had periods that are not included in the length of service when determining the right to leave.

Regardless of how the working year turns out: standard or extended, always reflect it in full in the vacation order. The same rule applies regardless of how the leave is granted:

in advance or not;

completely for the whole year or partly.

How to indicate the period of work in a vacation order if the employee has unused vacations for several years. Vacation is provided only for one year

Annual paid leave can be transferred to the next year due to production needs: if the provision of leave will adversely affect the work of the organization (Part 3 of Article 124 of the Labor Code of the Russian Federation). In this case, annual leave for previous working periods can be provided either as part of the leave schedule for the next calendar year, or by mutual agreement between the employee and the organization’s administration. Labor legislation does not contain provisions providing for the use of vacations for working periods in chronological order.

Thus, in the vacation order, in the column “for the period of work,” you can indicate both the working year for which the employee is entitled to regular vacation according to the vacation schedule, and the working year for which the employee has not used vacation previously. Rostrud adheres to a similar point of view in letters dated June 14, 2012 No. 854-6-1 and dated March 1, 2007 No. 473-6-0.

At the same time, in order to consistently pay off vacation debt, it is still recommended to close the working years in order: from earlier to later.

How to fill out a vacation schedule if an employee quits without taking a planned vacation

The specific procedure for reflecting in the vacation schedule for employees who did not take their vacation and quit during the year is not established by law.

In practice, the following design option is used. If an employee quits without taking the planned vacation, then there is no need to fill out columns 7-9 of the vacation schedule using the unified form No. T-7, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. At the same time, record the fact of dismissal and payment of compensation for unused vacation. To do this, in column 10 “Note” of the vacation schedule, make, for example, the following entry: “Dismissed, compensation paid, dismissal order No. 234-K dated 10/15/2014.”

If an organization uses a vacation schedule according to an independently developed form, then a similar approach can be used.

How to transfer an employee's vacation

The vacation date approved in advance in the schedule can be postponed by agreement between the employee and the employer. Moreover, both parties can initiate such a transfer.

In particular, an employee may request to reschedule leave, and the employer will be obliged to fulfill such a requirement in cases where:

during the annual paid leave, the employee performed government duties, if by law he is released from work during the performance of these duties;

the employee was not paid vacation pay on time or was notified of the vacation less than two weeks before it began.

In addition, transferring vacation to another time is allowed:

if an employee falls ill during annual paid leave;

if the provision of leave may adversely affect the normal course of work of the organization. In this case, the employee must use the transferred leave no later than 12 months after the end of the working year for which it was provided. The exception is civil servants, for whom this rule applies with restrictions;

in other cases provided for by law or local regulations of the organization. For example, when an employee is recalled from the main leave, when leave is granted early to certain categories of employees specified in Part 4 of Article 122 of the Labor Code of the Russian Federation.

This follows from the provisions of Article 124 of the Labor Code of the Russian Federation.

Attention: civil servants have limited ability to carry over their vacation to the next working year, even if this would adversely affect the institution.

If the vacation period changes at the initiative of the employee, then he must write a statement indicating the reason for the transfer.

If the initiator of the transfer of leave is the employer, then he must send the employee a corresponding notice with a request to express his consent or refusal to transfer.

If both parties agree to postpone the vacation, then the personnel service employee issues an order to transfer the vacation in any form and makes appropriate changes to the vacation schedule (instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). There is no need to approve the new edition of the schedule. The form of the schedule itself allows you to make all the necessary adjustments, namely updated vacation dates (columns 8 and 9 of form No. T-7).

If the transfer of leave occurs after the order to grant it has been issued and Section VIII of the employee’s personal card has been filled out, the information entered in the card should be clarified. The procedure for making corrections to this section of the card is not established by law, so the employer can make changes in any form.

VIII. VACATION

What to do if an employee refuses to sign a vacation schedule

If an employee refuses to sign the vacation schedule or the acquaintance sheet, then the employer is recommended to record such refusal in an act in any form, indicating all the circumstances of the refusal. Such a refusal is not a basis for revising the vacation schedule and postponing vacation for the employer and does not relieve the employee of the obligation to comply with the schedule (Part 2 of Article 123 of the Labor Code of the Russian Federation). It only confirms that the employer familiarized the employee with the schedule, but he refused to confirm this fact with his signature.

Before the start of a scheduled vacation, the employer will need to notify the employee of its start in accordance with the general procedure.

What documents must an employee submit to apply for annual leave before maternity leave?

In addition to applying for leave, the employee must provide a certificate of pregnancy.

The employer is obliged to provide annual paid leave to a pregnant woman at her request, regardless of the length of service in the organization or the planned vacation dates in the vacation schedule (Articles 260, 122 of the Labor Code of the Russian Federation). To be granted annual paid leave, a woman must submit an application, attaching a document confirming her pregnancy, for example, a certificate from a medical institution or antenatal clinic (letter of Rostrud dated March 18, 2008 No. 659-6-0).

The employer can refuse to provide leave in the described situation only if the employee has already used all annual leave, including for the current working year in advance.

Can an employer establish a ban on employees going on vacation in certain months or other periods of the year due to the peculiarities of the technological process and the specifics of the organization’s activities?

It may, but such a restriction should not apply to those categories of employees who can use vacation at the time they need without taking into account the opinion of the employer.

When drawing up a vacation schedule, the employer must take into account the specifics of the organization’s activities and, if possible, the wishes of the employees. If the organization has a trade union, then when drawing up the schedule, the opinion of the trade union must be taken into account. This is stated in Article 123 of the Labor Code of the Russian Federation.

If an organization has objective reasons not to provide employees with vacation in certain months of the year, for example, the technological process does not allow them to suspend work, or there are peak periods of activity, then the employer has the right to take this into account when drawing up the vacation schedule for the next year and simply not give employees vacation during these periods. months. In addition, the condition about the impossibility of using vacation during certain periods can be fixed in a local act of the organization, for example, a regulation on vacations, so that when hired, employees are immediately familiar with this condition (Article 8 of the Labor Code of the Russian Federation).

However, this rule will not apply to employees who are granted the right by labor legislation to take leave at the time they need, without taking into account the opinion of the employer (Articles 122, 123 of the Labor Code of the Russian Federation). And when adding the corresponding condition to the local act, it is also necessary to make a clause about such exceptions, otherwise the provision on the prohibition of taking vacation during certain periods may be invalidated.

An organization may also refuse to provide employees with leave if its start date falls during a period of increased workload in the accounting department. For example, from the 1st to the 5th of the current month, accounting employees calculate salaries for the previous month and there is no time to calculate vacation pay

This condition, if necessary, can be enshrined in a local act. This follows from the provisions of Articles 8 and 123 of the Labor Code of the Russian Federation.

Can an employee refuse annual leave, which is set according to his schedule, if he has received notice of layoff?

No, he can not.

The vacation schedule is mandatory for both the employer and employees (Parts 1 and 2 of Article 127 of the Labor Code of the Russian Federation).

Labor legislation does not provide for such an opportunity for an employee to refuse scheduled leave. The Labor Code of the Russian Federation establishes only the grounds for postponing vacation to another time (Article 124 of the Labor Code of the Russian Federation). However, notification of the upcoming reduction is not the basis for such a transfer. If a redundant employee refuses to go on vacation according to the approved schedule, the employer may bring him to disciplinary liability for failure to fulfill his job duties (Article 192 of the Labor Code of the Russian Federation).

At the same time, the employee can agree with the employer to postpone his vacation to a later date than the date of staff reduction. In this case, upon dismissal, the employer will pay the redundant employee compensation for unused vacation days.

Can an employee submit one application for several vacations?

Yes maybe.

As a general rule, vacation is granted according to a schedule (Article 123 of the Labor Code of the Russian Federation). At the same time, the legislation allows, if necessary, the postponement of vacation, dividing vacation into parts and granting vacation by agreement - in relation to those employees who were hired after the approval of the vacation schedule. In these cases, an application is required from the employee, and the procedure for filing applications is not regulated by the Labor Code of the Russian Federation. The above allows us to conclude that one vacation application can be drawn up for different periods, that is, for several vacations.

At the same time, for the convenience of personnel production and decision-making by the head of the organization for each vacation period, we recommend that you separately ask the employee to fill out several applications - for each of the periods. Moreover, if an employee refuses to rewrite the application, then the employer has no reason not to accept a single application for several vacations.

Is it possible to indicate in the vacation schedule not specific dates, but the month of the expected vacation?

The detailed procedure for recording the time schedule for an employee to go on vacation, indicating a specific date of the month or indicating only the month, is not established by law.

The order of provision of paid vacations is determined annually in accordance with the vacation schedule, which is approved by the employer 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).

If the organization draws up a vacation schedule according to the unified form No. T-7, approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1. In the Instructions for the use and completion of forms of primary accounting documentation, there are no explanations as to how the planned time of provision should be indicated vacation.

At the same time, in column 6 of form No. T-7 itself it is indicated that it should indicate the “planned date” of going on vacation. Therefore, when drawing up a vacation schedule, it is more logical to indicate exactly the specific date the employee goes on vacation or several dates - when dividing the vacation into parts. By indicating the exact date in the vacation schedule, there is no need to require the employee to apply for vacation - when the time for rest comes, the HR employee will only need to prepare a vacation order. If you indicate only a month, then in order to determine the exact date of going on vacation, you will need to agree on it with the employee.

If an organization uses an independently developed schedule form, then it has the right to supplement it with any lines and columns. However, it is still recommended to use the same approach as when drawing up a schedule using a unified form.

Regardless of whether the exact date of the employee going on vacation is known or only the month of the proposed vacation, the employer is obliged to notify the employee against signature of the start time of the vacation no later than two weeks before it begins (Part 3 of Article 123 of the Labor Code of the Russian Federation). If the employer knows only the month the employee is going on vacation, then formally he must notify the employee about the upcoming vacation no later than two weeks before the start of this month.

Based on the above, it follows that it is not prohibited to indicate in the vacation schedule only the month of the intended vacation. However, in practice this is not very convenient, since in the future you will have to additionally agree with the employee on a specific start date for the vacation.

Is it possible to bring an employee to disciplinary action for refusing to go on vacation as scheduled?

Yes, you can, unless there are valid reasons for postponing your vacation.

The order of provision of annual paid leave to employees is established by the vacation schedule (Part 1 of Article 123 of the Labor Code of the Russian Federation). Compliance with the schedule is mandatory for both the employee and the employer (Part 2 of Article 123 of the Labor Code of the Russian Federation).

In a situation where there are no objective reasons for postponing vacation to another date, the employee is obliged to use the vacation within the period specified in the schedule. In this case, the employer is obliged to notify the employee in writing about the upcoming vacation no later than two weeks in advance and pay vacation pay no later than three days before the start of the vacation (Part 3 of Article 123, Part 9 of Article 136 of the Labor Code of the Russian Federation).

An employee’s refusal to take scheduled leave in the absence of valid reasons can be regarded as a violation of labor discipline, which means that the employer can bring the employee to disciplinary liability (Article 192 of the Labor Code of the Russian Federation).

Is it necessary to include external part-time workers in the vacation schedule?

Yes need.

An external part-time worker is an employee of the organization in which he works part-time (Article 15, 60.1 of the Labor Code of the Russian Federation). The vacation schedule is drawn up for all employees of the organization, including external part-time employees (Article 123 of the Labor Code of the Russian Federation).

Since leave for a part-time worker must be granted simultaneously with leave for his main job, the employer of an external part-time worker needs information about the planned time of leave for his main job (Part 1 of Article 286 of the Labor Code of the Russian Federation). To do this, the part-time employer may ask the employee to provide an extract from the vacation schedule or a corresponding certificate from the main place of work or send an official request for such documents to the main employer.

Advice: if you cannot obtain information about leave from your main place of work for one reason or another, then indicate in the schedule the approximate dates of the employee’s leave.

At the same time, add a comment in the “Note” column of the schedule form, for example: “The dates are approximate, vacation is granted simultaneously with vacation for the main job.”

Is it necessary to indicate information about unused vacations for previous years in the vacation schedule?

This is possible, but there is no obligation, so in practice each employer decides the issue at his own discretion.

The order of provision of paid vacations is determined annually in accordance with the vacation schedule, which is mandatory for the employee and the employer (Article 123 of the Labor Code of the Russian Federation). In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of the organization, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted (Article 124 of the Labor Code of the Russian Federation).

In order to prevent violations of labor laws, unused vacation for the past year can be included in the vacation schedule for the current year for clarity. The validity of this approach is also confirmed by Rostrud specialists in letter No. 473-6-0 dated March 1, 2007. The letter states that annual leave for previous working periods can be granted either as part of the vacation schedule for the next calendar year, or by agreement between the employee and the employer (i.e., without including these days in the current schedule).

If the organization decides to reflect the unused part of last year’s vacation in the current schedule, then the design will look like this. For example, an employee is entitled to basic leave of 28 calendar days. In 2015, he only used 21 days of vacation. In the vacation schedule for 2016, indicate to the employee not 28 calendar days of vacation, but 35 days (28 days + 7 days). At the same time, in the “Note” column of the vacation schedule, make a note about the number of days added, for example, “7 days for 2015.” This procedure follows from section 1 of the instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

The period for providing unused vacation days must be agreed upon with the employee. The employer does not have the right to include such vacation days in the schedule at its discretion.

Is it necessary to include in the vacation schedule employees who are on maternity leave, maternity leave, or who are just planning to go on these vacations starting in the new year?

Only necessary if such employees plan to end their special leave and use annual leave in the following year.

The vacation schedule establishes the order of provision of paid vacations for the next year. Therefore, all employees of the organization who, at the time of drawing up the schedule, are entitled to annual paid leave in the next year must be included in it.

Employees who are on parental leave, maternity leave, or are just planning to go on this leave in the new year, in general, do not apply for annual leave. This is explained by the fact that the law does not provide for the possibility of being on two types of leave at the same time. Moreover, a long period of parental leave is not included in the length of service that gives the right to annual leave (Article 121 of the Labor Code of the Russian Federation).

Reflection of other types of vacations, in addition to annual ones, in the schedule is unacceptable (Article 123 of the Labor Code of the Russian Federation). Thus, if an employee plans to continue to be on leave related to pregnancy and child care, and does not apply for annual leave, then there is no need to include it in the schedule.

Tip: employees who are on maternity leave or maternity leave can be reflected in the vacation schedule if desired. However, in this case, the “Date of Leave” columns are left blank, and in the “Note” column it is indicated that the employee is on maternity leave or maternity leave.

It must be borne in mind that if an employee wishes to take annual paid leave before or immediately after maternity leave or at the end of parental leave, the employer will be obliged to provide such leave, provided that the employee is entitled to it, regardless depending on whether it is included in the schedule or not. This conclusion follows from the totality of the provisions of Articles 123 and 260 of the Labor Code of the Russian Federation.

Is it necessary to include internal part-time workers in the vacation schedule?

Yes need.

The vacation schedule is drawn up for all employees of the organization, including internal part-time workers (Article 123 of the Labor Code of the Russian Federation).

In this case, the vacation schedule must be drawn up taking into account the fact that part-time workers are granted vacation simultaneously with vacation for their main job (Article 286 of the Labor Code of the Russian Federation). Therefore, the schedule must indicate the employee twice for both positions.

Is it necessary to include in the vacation schedule preferential categories of employees who have the right to vacation at any time convenient for them?

Yes, in general it is necessary.

The vacation schedule establishes the order of provision of paid vacations for the next year. At the same time, all employees of the organization who, at the time of drawing up the schedule, are entitled to annual paid leave in the next year must be included in it. Exceptions include, in particular, employees who are on maternity leave or temporary employees with whom the organization does not plan to continue its relationship in the next year. All others must be included in the schedule.

It should be borne in mind that certain categories of employees are provided with annual paid leave at their request at any time convenient for them (Article 123 of the Labor Code of the Russian Federation). Therefore, such employees must be included in the schedule in the general manner, but unlike others, their wishes regarding vacation dates must be taken into account.

Is it necessary to include in the vacation schedule for the next year an employee who was accepted under an employment contract, the term of which ends on December 31 of the current year?

No no need.

The vacation schedule establishes the order of provision of paid vacations for the next year (Part 1 of Article 123 of the Labor Code of the Russian Federation). The vacation schedule is mandatory for both the organization and the employee (Part 2 of Article 123 of the Labor Code of the Russian Federation). An employee who resigns on December 31 of the current year cannot be subject to the vacation schedule for the following year. Thus, there is no need to include it in the schedule.

If subsequently the fixed-term employment contract is not terminated on December 31 and the employee continues to work, then the contract will be considered concluded for an indefinite period (Part 4 of Article 58 of the Labor Code of the Russian Federation). Also, in some cases, the contract may be extended or a new fixed-term contract may be concluded. In this case, the employee will be granted leave outside the schedule based on his written application in agreement with the employer.

Is it necessary to include in the vacation schedule employees who are granted vacation for the first working year? For example, an employee got a job in an organization several months before the schedule was drawn up

From the systemic interpretation of the articles of the Labor Code of the Russian Federation, the obligation to include it in the schedule does not arise, but the opportunity exists. This approach is explained as follows.

An employee is granted annual paid leave annually. The right to use vacation for the first year generally arises after six months of continuous work for the newcomer in the organization. Vacation for the second and subsequent years is granted at any time of the year in accordance with the accepted priority, which is recorded in the vacation schedule. This follows from the provisions of Articles 122 and 123 of the Labor Code of the Russian Federation. Thus, it is not necessary to include vacation for the first working year in the schedule.

At the same time, in practice, such inclusion is convenient, since it gives a comprehensive picture of the rest time of all workers. Taking into account that the employee receives the right to leave for the first year in a special manner - after six months of work, in a situation where the employer nevertheless decides to reflect such leave in the schedule, it will be necessary to obtain the employee’s consent to provide rest during the specified period. In the schedule itself, in the “Note” section, you can make a note that vacation is provided for the first working year.

Is it necessary to familiarize employees with the vacation schedule?

The legislation does not contain a clear answer to this question. Currently, two opposing positions have emerged on the issue of familiarizing employees with the vacation schedule.

Supporters of the first believe that the legislation does not contain an obligation to familiarize employees with the vacation schedule upon signature. The vacation schedule is not a local act, but refers to the primary accounting documentation for personnel records, that is, it is an organizational and administrative document (Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). The employer is obliged to notify about the upcoming vacation according to the approved schedule no later than two weeks before its start (Part 3 of Article 123 of the Labor Code of the Russian Federation). Similar explanations are given in the letter of Rostrud dated July 12, 2012 No. PG/5244-6-1.

The second point of view is based on the fact that the vacation schedule still falls within the definition of Article 8 of the Labor Code of the Russian Federation, that is, it refers to local acts of the organization. In accordance with Article 22 of the Labor Code of the Russian Federation, the employer is obliged to familiarize employees with local regulations directly related to their work activities, against signature, including the vacation schedule. The legitimacy of this position is confirmed by the letter of Rostrud dated August 1, 2012 No. PG/5883-6-1.

In the absence of a unified position on the issue and in order to avoid the emergence of a controversial situation, the employer is still recommended to familiarize employees with the vacation schedule against signature. For this purpose, the employer has the right:

ask the employee to sign opposite the date of his intended vacation in the schedule form itself in the “Note” field;

attach an introductory sheet to the vacation schedule, in which each employee will indicate the date of familiarization with the document and sign.

If an employee refuses to sign a vacation schedule, draw up a report about this.

Is it necessary to reflect additional leave in the vacation schedule if the employee plans to replace it with monetary compensation?

Yes need.

When drawing up a vacation schedule, in addition to annual paid leave, also reflect additional annual paid leave. In the schedule, reflect the total duration of vacation for the year, which is stipulated in accordance with the employment contract or local act of the employer, for each employee.

If an employee subsequently plans to replace additional vacation with monetary compensation, then the fact of such a replacement should be recorded in the vacation schedule. To do this, in the “Note” column of the vacation schedule, make a note that part of the annual leave (indicating the number of days) has been replaced by monetary compensation, and also indicate the details of the order to replace the vacation with compensation.

This procedure follows from Articles 123, 126 of the Labor Code of the Russian Federation and section 1 of the instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

Is it necessary to put a stamp on the vacation schedule?

No, it is not necessary, unless the employer’s internal rules establish a different procedure.

The vacation schedule is an internal document of the organization. Therefore, there is no need to stamp it. The seal of the organization, as a general rule, is an additional confirmation of the authority of the person who signed the document for external contractors.

There are no stamp details on the unified form of schedule No. T-7, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

If the employer uses an independently developed schedule form, then, if desired, he can provide printing details on it and fill it out.

Such conclusions follow from the totality of the provisions of Article 8 of the Labor Code of the Russian Federation and Articles 7, 9 of the Law of December 6, 2011 No. 402-FZ.

Should the opinions of employees be taken into account when drawing up a vacation schedule? Which employees can request leave at any time convenient for them?

In general, the employer has the right, but is not obligated, to take into account the opinions of employees when drawing up a vacation schedule. The exception is the wishes of certain categories of employees. In particular, the employer is obliged to take into account the wishes for vacation:

• employees with two or more children under the age of 12, and employees raising such children without a mother (paragraph 3, subparagraph “b”, paragraph 3 of the resolution of the CPSU Central Committee, Council of Ministers of the USSR dated January 22, 1981 No. 235, order of the Council of Ministers USSR dated October 30, 1985 No. 2275r). The fact that this provision is still subject to application is confirmed by the decision of the Supreme Court of the Russian Federation of June 17, 2014 No. AKPI14-440;
• employees under the age of 18 (Article 267 of the Labor Code of the Russian Federation);
• employee-parents, including foster parents, guardians or trustees who are raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
• participants of the Great Patriotic War, disabled war veterans, including those who received disabilities (Articles 14-19 of the Law of January 12, 1995 No. 5-FZ);
• Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory (clause 3 of article 8 of the Law of the Russian Federation of January 15, 1993 No. 4301-1);
• Heroes of Socialist Labor and full holders of the Order of Labor Glory (Article 6 of the Law of January 9, 1997 No. 5-FZ);
• employees awarded the badges “Honorary Donor of Russia” and “Honorary Donor of the USSR” (subject to residence in Russia) (Parts 1, 2, Article 23 of Law No. 125-FZ of July 20, 2012);
• employees who received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the Chernobyl disaster or with work to eliminate its consequences, disabled people as a result of the Chernobyl disaster, participants in the liquidation of the disaster, citizens evacuated from the exclusion zone and resettled from the resettlement zone, and other persons exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, other accidents at nuclear facilities for military and civilian purposes, tests, exercises and other work related to any types of nuclear installations (subclause 1, part 3, article 15 of the Law of the Russian Federation of May 15, 1991 No. 1244-1);
• employees applying for vacation for the first working year, if the employer intends to include them in the schedule (Article 122 of the Labor Code of the Russian Federation).

In addition, when drawing up a vacation schedule, the employer should also take into account:

• the right of a pregnant employee to use leave before or after maternity leave (Article 260 of the Labor Code of the Russian Federation);
• the employee’s right to take annual leave during his wife’s maternity leave (Part 4 of Article 123 of the Labor Code of the Russian Federation);
• the right of one of the parents (guardian, trustee) working in the Far North and equivalent areas to receive annual paid leave or part of it (at least 14 calendar days) to accompany a child under the age of 18 entering a secondary or higher vocational educational institution education located in another area (Part 5 of Article 322 of the Labor Code of the Russian Federation);
• the right of military spouses to be granted leave simultaneously with the leave of the other spouse (Clause 11, Article 11 of Law No. 76-FZ of May 27, 1998).

If the employer includes an employee in the vacation schedule in the first working year, then he will also have to take into account the opinion of the employee, who has the right to apply for vacation after six months of work (Article 122 of the Labor Code of the Russian Federation).

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

Attention: if for some reason the vacation was postponed, then when drawing up the vacation schedule for the next year, the days of the postponed vacation can be included in the schedule. In this case, the dates for the provision of rescheduled rest days must be agreed upon with the employee (Article 124 of the Labor Code of the Russian Federation).

The employer no longer has the right to reflect them in the schedule at his own discretion. It is optimal to determine the dates of use of transferred vacation days immediately at the time of transfer and record them in the appropriate order for transferring vacation.

Leave order

When an employee goes on vacation, it is necessary to draw up an order for granting leave. The leave order is signed by the manager or a person authorized by him, for example the HR director. After which the employee must be familiarized with the order and signed.

Tip: to fill out a vacation order, you can use standardized forms: individual No. T-6 or collective No. T-6a - in case several employees go on vacation at once. In addition, the employer can use an independently developed form.

Leave notice

The employee must be notified of the start date of the vacation by signature no later than two weeks before it begins (Part 3 of Article 123 of the Labor Code of the Russian Federation). The organization determines the forms and methods of such notification independently. These may be separate notices or notifications to employees, introductory sheets and statements, draft orders (instructions), etc.

For example, you can issue a notification about an upcoming vacation in any form. Another option: draw up a vacation order using Form No. T-6 or a self-developed form and familiarize employees with it in advance: two weeks before the start of the vacation.

You can also supplement the unified form No. T-7 of the vacation schedule or a self-developed form with two additional columns. In one of which, employees will sign that they know the start date of the vacation, and in the other, indicate the date of notification of the start of the vacation.