Deadlines for drawing up the vacation schedule for the next year. Order on approval of the vacation schedule - sample (2019)

The vacation schedule for the next year must be approved no later than two weeks before the start of the next year, that is, no later than December 17 (Article 123 of the Labor Code of the Russian Federation). This year this date falls on Saturday, so the schedule for 2017 must be completed before December 19
(Article 14 of the Labor Code of the Russian Federation). However, you should not leave this task for the last few days.

The absence of a vacation schedule, its approval at a later date, or failure to comply with the procedure for its preparation is a violation of labor legislation (decision of the Sverdlovsk Regional Court dated 01.09.2015 in case No. 72-974/2015, resolution of the Smolensk Regional Court dated 27.01.2014 No. 4-“ a"-545/2013, decision of the Novosibirsk Regional Court dated January 25, 2011 No. 7-12-2011).

For such a violation the following may be fined:

• organization - in the amount of 30,000 rubles to 50,000 rubles (Article 5.27 of the Administrative Code);
• individual entrepreneur – in the amount from 1000 to 5000 rubles.

And if neglect of the vacation schedule is detected more than once, the fine will increase:

• for an organization – up to 50,000–70,000 rubles;
• for individual entrepreneurs – up to 10,000–20,000 rubles.

But even without this, having an approved vacation schedule is in the interests of the employer. After all, it sets the time for granting annual paid leave to employees for the next year and is mandatory for both the employer and employees. That is, this document will help avoid disputes with employees about the timing of vacations. And even if there are only 7-10 people on staff and it seems that you can easily decide who will go on vacation and when, it is always better to record the agreements. And if the law requires approval of the vacation schedule, then it is better to do it in this form.

Questionnaire and optimal sequence

There is no special procedure or universal way to ask employees about their desired time to go on vacation. As a rule, a free-form questionnaire is used for these purposes. It reflects the name and position of each employee, the dates of vacation (or each part of the vacation), the date of filling out the questionnaire and the employee’s signature. Having such a document, if necessary, will help confirm that the vacation schedule has been drawn up taking into account the opinions of employees.

There may be several questionnaires. Here you need to focus on the number of staff and the structure of the organization. If the organization has divisions, then it is better to form questionnaires for such divisions. Not all employees can be put on vacation at the same time without harming their work, and no one knows better than the head of the department.
Which of the workers are interchangeable. Therefore, coordinating the wishes of employees with the department’s work plan should be left to his discretion. But so that he can establish the optimal sequence of vacations, provide him with information about the employees in his department, to whom the employer is simply obliged to provide annual paid leave at a time convenient for them. In particular, these are:

• workers under 18 years of age (Article 267 of the Labor Code of the Russian Federation);
• one of the parents (guardian, trustee, foster parent) raising
  a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
• women who have two or more children under the age of 12, as well as single men who also have two or more children under the age of 12 (subparagraph “b”, paragraph 3 of the resolution of the CPSU Central Committee, Council of Ministers of the USSR dated January 22, 1981 No. 235; decision of the Supreme Court of the Russian Federation
  dated June 17, 2014 No. AKPI14-440);
• employees recalled from annual leave (in terms of missed leave)
  (Article 125 of the Labor Code of the Russian Federation);
• honorary donors of Russia and the USSR (clause 1, part 1 and part 2, article 23 of the Law of July 20, 2012 No. 125-FZ).

In addition, there are categories of employees who have the right to take vacation at a certain time, and the employer cannot refuse them. Thus, the husband has an unconditional right to leave while his wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation). Employee - before maternity leave or immediately after it, or at the end of parental leave (Article 260 of the Labor Code of the Russian Federation). External part-time job - simultaneously with leave from the main place of work (Article 286 of the Labor Code of the Russian Federation). Parent (guardian, trustee) of a minor child - to accompany him upon admission to a secondary or higher educational institution located in another region (if the employer is located in the Far North or an equivalent area) (Article 322 of the Labor Code of the Russian Federation).

note

The employer may, but is not obligated to, at the employee’s request, divide the annual paid leave into parts, and one of the parts must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). The division of vacation into parts must be indicated in the schedule in the form of separate intervals.

At the time of approval of the schedule, there may not be information that such and such employees have the right to leave at a certain time. Therefore, you can take them into account when drawing up your schedule in the same way as usual. And subsequently, upon receipt of an application and supporting documents from them, make changes to the schedule.

Finally, at the time of drawing up the vacation schedule, there may be employees on staff who
At the beginning of 2017, they have not yet worked for six months. Meanwhile, the right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer (Article 122 of the Labor Code of the Russian Federation). This does not mean that such workers should not be included in the schedule. After all, not only the established six months, but also their working year, before the end of which they need to be granted leave, will end before the end of 2017. But if you do not want to provide vacation in advance, the lack of six months of experience should be taken into account when establishing the priority of vacations. True, this does not apply to the following employees
(Article 122 of the Labor Code of the Russian Federation):

• women - regarding leave before maternity leave or immediately after it;
• minor workers;
• employees who adopted a child (children) under the age of three months;
• an employee whose wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation).

The employer is obliged to provide such employees with leave upon their request, even if six months of continuous work have not yet expired. In addition, other federal laws may provide for other cases when the employer is obliged to provide vacation in advance.

How to draw up and approve

To draw up a vacation schedule, you can use the unified form No. T-7
(approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1). At the same time, the employer has the right to develop its own form. The main thing is that it contains all the mandatory details of the primary accounting document (clause 2, 4 of article 9 of the Law of December 6, 2011 No. 402-FZ).

At the time of approval of the schedule, columns 1–6 must be filled in (form No. T-7).

Column 1 indicates the structural unit to which the employee belongs. In column 2 - his position (specialty) according to the staffing table. In column 3 - last name, first name and patronymic. Column 4 contains the personnel number.

In column 5 you need to indicate the number of employee vacation days in calendar days to which he is entitled in the next year. A separate line contains information about parts of the vacation if it is split.

Let us recall that, as a general rule, all employees have the right to annual basic paid leave of 28 calendar days (Article 115 of the Labor Code of the Russian Federation). But, for example, the annual basic paid leave for minor workers is
31 calendar days (Article 267 of the Labor Code of the Russian Federation). In addition, certain categories of workers should be granted additional leave. In particular, to persons employed in harmful or dangerous work, as well as those who work irregular working hours
or works in “northern” companies (Articles 116–119, 321 of the Labor Code of the Russian Federation).

The vacation schedule takes into account all days of vacation - both main and additional.
If the employee has unused vacation days from previous periods, they must also be included in the schedule.

Moreover, even if the calendar year for which the schedule is drawn up includes two working years of the employee, there is no need to calculate the number of vacation days in proportion to the months of the working years. As a general rule, leave is granted in full regardless of length of service. The proportion is calculated only in two cases:

• upon dismissal of an employee;
• when providing additional leave for persons engaged in harmful or dangerous work.

In full, “harmful” leave is granted only with “harmful” work experience of at least
11 months (Article 121 of the Labor Code of the Russian Federation; clause 8 of the Instructions, approved by resolution of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions
dated November 21, 1975 No. 273/P-20). In other cases, it is provided in proportion to the time worked in harmful conditions (letter of Rostrud dated March 18, 2008 No. 657-6-0).

Therefore, the vacation schedule must indicate the total number of vacation days to which the employee is entitled for his next working year.

Column 6 indicates the start date of the vacation.

note

When calculating the total duration of annual paid leave, additional paid leave is added to the main one.

After the schedule is drawn up (columns 1–6 are completed), it is submitted for approval to the head of the organization (IP). Then, employees must be familiarized with the approved schedule and signed. To do this, you can provide an additional column in the schedule in advance or create a separate statement.

Columns 7–10 of the schedule are filled out during the year for which it was drawn up, as vacations are granted.

Column 7 indicates the date from which the employee actually went on vacation.

Column 8 reflects the basis for transferring vacation, that is, the details of the relevant order. In column 9 - the date of the proposed (postponed) vacation in the current or next year.

Column 10 is intended for notes from a specialist monitoring compliance with the vacation schedule. It may contain any informational information, for example, the reason for postponing the vacation, a note about the recall from it, or information for which working year the vacation was granted.

Thus, the first working year of each employee starts from the first day of his work. Depending on whether the employee has periods excluded from vacation time, the next working year may begin on the same date or later. But in any case, each employee has his own working year, which, as a rule, does not coincide with the calendar year. Therefore, it may turn out that according to the schedule, during one calendar year, the employee will be granted vacation for two working years. This should be noted in column 10.

EXAMPLE 1. “LAYERING” HOLIDAYS OVER TWO WORKING YEARS

The employee was hired on July 8, 2016. The first working year for him is July 8, 2016 – July 7, 2017. Second – July 8, 2017 – July 7, 2018. Vacation for the first working year can be granted, for example, in June 2017, for the second - in November 2017. That is, in 2017, leave for two working years will be provided.

Another situation is when not a single vacation is included in the schedule. Then in column 10 it is worth making a note that the vacation for the working year falling in 2017 was fully used last year.

EXAMPLE 2. EMPLOYEE AT “ZERO” SEGMENT

The employee was hired on December 8, 2015. The first working year for him is December 8, 2015 – December 7, 2016. Second – December 8, 2016 – December 7, 2017.
He was granted leave for the first working year in June 2016, and leave for the second working year in December 2016. As a result, the employee’s vacation will not be provided for in the schedule for 2017.

How to provide scheduled leave

To provide an employee with vacation according to the vacation schedule:

1. No later than two weeks before the start of the vacation, give him a notice of the start of the vacation against his signature (Article 123 of the Labor Code of the Russian Federation). You can use both separate notices, introductory sheets and statements, and again the vacation schedule itself, adding two additional columns to it in advance for the signature and date of notification of vacation
   (letter of Rostrud dated July 30, 2014 No. 1693-6-1).
2. Complete an order to grant leave to the employee (Form No. T-6).
3. In the work time sheet (form No. T-12 or No. T-13), indicate the days:

• annual basic paid leave - letter code “OT” or digital code “09”;
• annual additional paid leave - letter code “OD”
  or digital code "10".

1. Make a note about the vacation in Section VIII of the employee’s personal card (Form No. T-2).

How to provide unscheduled leave

The employer is not obliged to provide an employee with unscheduled leave, unless, of course,
does not concern the preferential category of employees and cases directly established by law. But if you want, you can meet the employee halfway.

In any case, to grant unscheduled leave, the employee’s application for new leave dates and the employer’s order to postpone the leave will be required. There is no need to make changes to the vacation schedule. They provide special columns to reflect such information.

In a similar way, leave is granted to those employees who were hired after the approval of the vacation schedule and were not included in it. However, data about such employees is not included in the vacation schedule.

Accounting and Taxation ExpertOksana Dobrova

Every working person has the right to receive annual leave with monetary compensation. To ensure the possibility of going on vacation while maintaining the required level of enterprise productivity, it is practiced to create a special vacation schedule.

What is the purpose of the vacation schedule?

At its core, the vacation schedule is document regulating the time for employees of the organization to go on vacation. It is drawn up to form a specific rest queue for workers, so that maintain full functionality the entire structure of the company.

Certain regulations have been developed for drawing up such a schedule. He compiled once a year without the possibility of making any adjustments. The only exception can be considered possibility of making changes in the duration of vacations and only on the basis of an order issued by the head of a commercial organization. Similar document must be agreed upon with the administrative staff the company and the workers' union, if, of course, there is one.

The vacation schedule must be formed taking into account the existing wishes of employees and in accordance with the specifics of the functioning of the organization itself. Various regulations including collective agreements may regulate the maximum number of employees of the same structural unit of the organization that can simultaneously go on vacation. It is important to follow these steps so that the annual monthly rest of employees does not negatively affect the company’s work process.

Often It is recommended to start planning in November. This is due to the fact that it is important to hand it over to management two weeks before the start of the New Year. Such requirements are put forward by the current Labor Code of the Russian Federation.

When new workers are hired during the year, they should not be included in this schedule. Going on vacation for such employees is carried out in agreement with the head of the organization.

Existing rules for drawing up the T-7 form

At its core, the graph is local document specific organization, according to which its employees go on annual leave. It is compiled according to a specific form called T-7. Each individual structural unit of the company has its own schedule. This is how most enterprises act. First, the management of each department creates its own schedule and then transfers it to the personnel department. Further, HR department employees make their own adjustments to these acts, based on the personnel potential of the enterprise and the specifics of his work.

After this happens coordination of adjustments made with employees, whose vacations were corrected. In addition, it is important to get consent from the immediate head of the department, because it is he who knows the needs of production and understands the need for the presence of this or that employee at the enterprise. In addition, it is important to coordinate all possible transfers of vacations, because even changing the date and period of rest of one employee can move the vacation of several employees, which is fraught with internal conflicts in the organization in the absence of approvals.

After all approvals are completed, the final document is transferred again to the human resources department to form a final consolidated schedule for the entire organization.

Certain nuances of document preparation

In addition to the requirements of company employees, when drawing up a vacation schedule, it is extremely it is important to take into account the requirements of current legislation:

• Regardless of length of service, certain categories of workers can count on receiving annual rest with financial benefits. Such employees include: citizens under 18 years of age, female representatives before and after going on maternity leave, persons who have adopted children under 3 years of age. For this reason, when drawing up such a schedule, it is necessary to take into account the presence of pregnant women and minors on staff.

Rest is provided to the employee until he reaches six months of work in the organization only with the agreement of the management of the enterprise and the writing of a corresponding application.

Until the employee completes his six-month period of work in the organization, when he is granted leave, he must be paid vacation pay and provided with rest in full.

• receiving two vacations are acceptable for those employees who joined the organization at the end of the previous calendar year, for example, in early October. In such situations, the employee has the opportunity to take a vacation in May, and the next one for the previous year at any other time throughout the rest of the year. Such a possibility should be taken into account in the vacation schedule when drawing it up and included in the relevant act;
• The priority of employees when going on vacation is established taking into account the presence of people on the staff who belong to a certain category of citizens who have the priority right to receive vacation.

Situations that allow for the possibility of making adjustments to the schedule

In some situations, after drawing up a vacation schedule a new employee is hired to join the organization's staff. In such conditions, a problem arises with the formation of such an act. Current Labor Code of the Russian Federation does not impose an obligation on the employer to make any adjustments into an already established schedule.

In other words, new employees can go on vacation only after writing a corresponding application addressed to the head of the enterprise and with his consent.

However, it is worth noting the fact that the current legislation does not prohibit drawing up an additional document, where information about the vacations of all new employees will be displayed. Such a procedure involves drawing up an additional act in which data will be entered on the dates and timing of the provision of rest to such employees of a commercial structure. Such a document is certified by the signature of the immediate head of the organization.

All changes must be reflected in separate columns 7-10 of the unified form of the T-7 vacation schedule:

• V column 7 information is entered on the date of the organization’s employees going on vacation;
• V box 8 It is required to indicate the name and number of the document, according to which changes will be made to the terms and dates of departure of employees for annual vacation. Such documents include a person’s application to postpone his vacation, which is certified by the signature of the head of the enterprise. This is provided for by Article 124 of the current Labor Code of the Russian Federation;
• V 9 column the expected date of sending the citizen on vacation is indicated. This is allowed, for example, when writing an application with a request to postpone the holiday to the date when his wife will be on maternity leave;
• V 10th column A variety of comments and notes are made.

Who can check this form?

Regardless of the size of the company's staff, such It is extremely important to create a schedule. According to the Labor Code, this document is a necessary condition for observing the rights and obligations of both the organization’s employees and its management. In addition, this the act regulates the order of going on vacation employees, which makes it possible to eliminate the possibility of various disagreements and internal conflicts within the team. In the event that the parties to the labor relationship directly violate the Labor Code of the Russian Federation by their actions, then the regulatory authorities have the opportunity impose financial penalties as penalties.

This document is one of those that is mandatory undergoes inspection by labor inspectorate. This is due to the fact that in the absence of such a schedule at the enterprise, the rights of workers are violated, and also does not give them the opportunity to plan their well-deserved rest in advance.

If facts of non-compliance with labor legislation are revealed, in addition to a fine against the head of the organization, regulatory authorities may initiate the suspension of its activities.

This video provides detailed information on how to create a vacation schedule without errors. Detailed instructions.

Tatyana Mezhueva
Journal expert

The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization (Article 123 of the Labor Code of the Russian Federation). An exception is the vacation of an individual working for an employer: the parties resolve this issue by mutual agreement. At the same time, the duration of annual paid leave cannot be less than established by the Labor Code of the Russian Federation, i.e. 28 calendar days (Article 305 of the Labor Code of the Russian Federation).

By law, every employee must go on vacation at least once during the year. To streamline this process, the company must have a vacation schedule. For these purposes, personnel officers usually use a vacation schedule in the T-7 form, which is drawn up and put into effect 2 weeks before the end of the current calendar year.

Sample of filling out a vacation schedule in form T-7 for 2019

Let's take a closer look at how to create a vacation schedule.

If the company has a trade union body, then information about the written opinion expressed by it must be indicated in the columns on the left side of the form.

This document must be accepted by the head of the company or entrepreneur. Therefore, on the right side he needs to put his signature, its transcript, indicating his position. The date when the schedule was approved is also recorded here.

The main part of the document looks like a large table in which information about vacations is entered line by line. It must be filled out in such a way that the name of the department is indicated first, and then the employees working there are listed.

Column 1 records the unit designation. Column 2 indicates the name of the position in the same form as it is included in the staffing table.

Full name is entered in the following columns 3 and 4. employee and the number assigned to him.

Column 5 indicates the total number of days of rest that the employee can claim.

Column 6 contains the date on which he wants to go on vacation. In this case, in column 7 you need to indicate the date on which the leave was actually granted.

If the vacation was transferred to another time, then in column 8 you need to enter information about the order by which this was done, and in column 9 you must enter the new agreed date for the start of the vacation.

Column 10 is intended to make notes on the transfer of leave, recall of the employee from it and other similar information.

The completed document must be signed by the head of the HR department.

Approval procedure

The vacation schedule is approved according to the following scheme:

• If the company has a trade union body, then the schedule must first be agreed upon with it. To do this, the draft document is sent there along with a covering letter;
• The trade union must review the received draft vacation schedule and, within five days, express its reasoned opinion in writing;
• Opinion can be either positive or negative. In the latter case, negotiations are held between the company administration and the trade union until the issue is resolved;
• The schedule must be accepted no later than 2 weeks before the start of the calendar year (before December 17);
• Schedule approval can be done in two ways:
  • The corresponding inscription is placed directly on the schedule form;
  • Issued separately. This method is more convenient, since it is possible to appoint responsible persons, determine sources of payment for vacations, designate a way to inform employees about upcoming vacations, etc. The order must also be issued no later than 2 weeks before the end of the year.

When are changes made?

Current legislation does not prohibit making changes to a previously adopted vacation schedule. However, such events are a necessity, especially if new employees are hired at the company, or employees need to move their rest period to another time.

The Labor Code specifies the case when the company is unconditionally obliged to reschedule vacation to another time:

• While on vacation, the employee fell ill;
• During the vacation period, the employee has a need to exercise his civil rights, and during this time the law provides for release from work.

Important! You also need to move the vacation period to a new one if the person in charge did not warn the employee 2 weeks in advance about the approaching time of rest. In order to make such a change, the employee must fill out an application indicating new vacation dates.

The law establishes cases when the administration has the right to postpone vacation if the absence of an employee from his place may disrupt the normal work of the company. However, in this case, it is imperative to obtain the written consent of the employee himself for this action.

Procedure for making changes

There are two reasons that create the need to make changes to the vacation schedule.

If this needs to be done at the request of the employee:

• The employee fills out an application indicating the reason for the postponement and the new desired dates of rest;
• The manager reviews the document and, at his own discretion, approves it or not;
• If the director approves the transfer, then the application is transferred to the personnel department, where they are drawn up;
• In the existing vacation schedule, the application details are indicated in the “Note” field.

If the postponement of vacation is necessary due to production needs, the procedure changes slightly, since the employee’s consent must be obtained:

• Negotiating with the employee about postponing vacation time;
• If the employee agrees, then he writes consent to the transfer, or signs a ready-made form;
• The consent is transferred to the personnel service, where, on its basis, an order is drawn up to change the vacation schedule;
• In the existing schedule, the consent details are written in the “Note” field.

December 17 is the last day for approval of the vacation schedule, because it must be signed by the head of the organization no later than two weeks before the start of the calendar year (Article 123 of the Labor Code of the Russian Federation). There is very little time left to have time to compose it correctly.

We organize work on scheduling

The schedule reflects information on the distribution of annual paid leave of the organization’s employees for the calendar year by month. Developing a vacation schedule takes a lot of time from the HR department. The work of collecting and processing the necessary data can be organized in different ways. It is convenient for some to entrust this to a separate HR specialist who will be busy with the “from to to to” schedule. For others, it is more convenient to distribute responsibilities: assign one or more structural units to each employee of the HR department.

Drawing up a schedule is a responsible matter; a lot needs to be taken into account: the wishes of employees about vacation dates, the needs of the production process, and labor legislation. It is advisable to reflect the procedure for developing a schedule, conditions and rules for granting vacations in the local regulations of the organization (internal labor regulations or collective agreement). The instructions for personnel records management can describe in detail the procedure for filling out the vacation schedule both at the stage of its creation and during the process of maintaining it throughout the year. If the local regulations of the organization do not stipulate the procedure for developing a vacation schedule, it is worth starting its preparation by issuing an order in which you need to indicate:

• who is responsible for preparing the vacation schedule (the schedule is signed by the head of the HR department, but the preparation work can be carried out by a HR specialist);
• within what period should employees provide their wishes regarding vacations;
• the deadline by which the heads of structural divisions must coordinate the wishes of employees with the production plans of the departments;
• the deadline by which the draft schedule must be submitted to the manager for approval.

The vacation schedule must take into account the peculiarities of the organization’s production process, ensure its continuity and the interchangeability of workers. The Labor Code provides every opportunity for this, because the order of granting vacations is determined by the employer (Article 123 of the Labor Code of the Russian Federation). In order to avoid disputes and disagreements with employees, the procedure for determining the priority of vacations should be prescribed in a local regulatory act (PVTR or collective agreement). For example, it should stipulate that heads of structural divisions should not be on vacation at the same time as their deputies. In some organizations, it may be established that annual leave is provided to employees only in certain months (for example, in an educational institution, providing leave in the autumn-winter-spring period will negatively affect the learning process). A situation may arise when it is beneficial for an employer to send a large group of employees on vacation at the same time (for example, a manufacturer of window structures, due to low demand for products, can schedule a vacation for all employees of the production department for the period from January 12 to February 8). For most organizations, the best option is to distribute employee vacations evenly throughout the year.

The draft vacation schedule is prepared by the organization’s personnel service. It is most convenient to do this using a modified vacation schedule form (Appendix 1). First of all, it is necessary to analyze the “vacation histories” and determine how many days of vacation each employee is entitled to count on next year, whether there are employees of preferential categories who enjoy advantages when establishing the priority of vacations. After this, the data on employees is transferred to the heads of structural divisions, who must find out the wishes of employees about the time of going on vacation and dividing the vacation into parts, and also coordinate these wishes with the department’s plans for the year, establishing the optimal sequence of vacations. Based on the projects of structural units, the personnel service prepares a consolidated vacation schedule for the organization and submits it to the manager for approval.

By the way! To accurately create a vacation schedule, use the “My Business” online service. The service will also help you automatically calculate advances, salaries, benefits, compensation, taking into account all legal requirements. By taking step-by-step actions you will not make mistakes and you will not have to pay fines. Reporting is generated step by step based on your data and is monitored at every step. The prepared reports can be submitted via the Internet. Without special knowledge and skills, you can maintain even the most complex personnel records. Document templates contain tips for filling out, key forms are generated automatically. In your personal account you will find all the necessary instructions and tips. You can get free access to the service right now by following this link.

What to include in the schedule

Your vacation schedule should include:

• annual basic paid leave;
• annual additional paid leave;
• vacation that was not used by the employee during the current year and was transferred to the next year.

The duration of the annual basic paid leave, as a rule, is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). For some categories of employees, the legislation provides for longer holidays - extended basic leave. These categories include in particular:

• workers under the age of 18. They have the right to a vacation of 31 calendar days (Article 267 of the Labor Code of the Russian Federation);
• disabled people. They are given a vacation of at least 30 calendar days (Article 23 of Federal Law No. 181-FZ of November 24, 1995 “On the social protection of disabled people in the Russian Federation”);
• teaching staff. The duration of their leave depends on the position and type of educational institution and ranges from 42 to 56 calendar days (Article 334 of the Labor Code of the Russian Federation; Decree of the Government of the Russian Federation of October 1, 2002 No. 724 “On the duration of the annual basic paid leave provided to teaching staff”);
• state civil servants have the right to leave from 30 to 35 calendar days depending on their position (Article 46 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”).

In addition to the main one, some employees may be granted annual additional paid leave (Article 116 of the Labor Code of the Russian Federation). Such leaves are provided to employees:

• those employed in jobs with harmful and (or) dangerous working conditions;
• having a special nature of work;
• with irregular working hours;
• working in the Far North and equivalent areas;
• in other cases provided for by the Labor Code of the Russian Federation and other federal laws.

In addition to the vacations provided for by legislative acts, employers, taking into account their production and financial capabilities, can independently establish additional vacations for employees by approving the procedure for their provision in a collective agreement or other local normative act, which are adopted taking into account the opinion of the elected body of the primary trade union organization (Part 2 Article 116 of the Labor Code of the Russian Federation).

When calculating the total duration of annual paid leave, additional leaves are summed up with the main one (Article 120 of the Labor Code of the Russian Federation).

Example. Civil servant Tropinin V.V. has the right to:

• extended vacation (30 calendar days);
• additional leave for long service (8 calendar days);
• additional leave for irregular working hours (3 calendar days);
• additional leave for work in hazardous working conditions (7 calendar days).

This means that in the schedule you need to plan a vacation lasting 48 calendar days (in full or, by agreement with the employee, dividing the vacation into parts).

When drawing up a schedule, you need to check whether the organization has employees who have the right to receive annual paid leave at a time convenient for them - their leave is planned in the schedule first. Such employees include in particular:

• minors under the age of 18 (Article 267 of the Labor Code of the Russian Federation);
• part-time workers (leave is granted simultaneously with leave for the main job) (Article 286 of the Labor Code of the Russian Federation);
• employees whose spouses are military personnel (leave is granted simultaneously with the spouse’s leave) (Clause 11, Article 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”);
• women before or immediately after maternity leave, as well as at the end of parental leave (Article 260 of the Labor Code of the Russian Federation);
• employees whose wives are on maternity leave (Article 123 of the Labor Code of the Russian Federation).

However, it is worth remembering that even if the vacation was planned in the vacation schedule strictly in accordance with the wishes of an employee belonging to the above category, he has the right at any time of the year to change his decision and write an application to the employer requesting vacation from a different date . Such an employee cannot be refused the transfer of vacation.

The vacation schedule is a summary document. And although it is compiled for a calendar year (in this case, 2015), the planned vacation period of each employee refers to his individual working year.

Example. Secretary Petrova I.V. hired on June 19, 2014. The vacation schedule should include her vacation for the period from 06/19/2014 to 06/18/2015. Vacation for the next working year (from 06/19/2015 to 06/18/2016) can be granted at any time of the working year (Article 122 of the Labor Code of the Russian Federation). It can be scheduled:

• in the vacation schedule for 2015 (after 06/19/2015);
• By agreement with the employee, part of the vacation can be included in the schedule for 2015 (after 06/19/2015), and part can be left for 2016;
• in the vacation schedule for 2016 (until June 18, 2016).

As you can see, an employee’s vacation can be planned either in full or in parts. When dividing vacation into parts, it is necessary to comply with the requirements of Article 125 of the Labor Code of the Russian Federation. Firstly, at least one part of the vacation must be at least 14 calendar days. This requirement is due to medical reasons: in order to recover from work achievements, a person needs a full, long rest. Secondly, dividing the leave into parts is possible only if an agreement is reached between the employee and the employer. If one of the parties to the labor relationship is against this, then the vacation cannot be split. The employer's consent to the division of vacations is confirmed by the manager's signature on the schedule (or on the vacation order, if vacation is not provided according to the schedule). What document should reflect the employee’s consent is not established by law. In practice, organizations use different methods to obtain confirmation of an employee’s consent:

Method 1. Before approving the vacation schedule, the employee writes an application with a request to divide the vacation into parts, indicates the start dates and duration of the parts of the vacation, and the employer puts the resolution “Allow. Signature. Date of". A good way is if the initiative to share vacation comes from the employee. Otherwise, we are talking about coercion, which is unacceptable.

Method 2. When developing a vacation schedule, the employer sends the employee a proposal to divide the vacation into parts, indicates the dates of the vacation parts and their duration, and the employee checks “I have read and agree. Signature. Full name. Date of". This option is preferable when the initiative to divide the vacation comes from the employer, and is fully consistent with the spirit of the law: there is a proposal, there is a response to it, there is an agreement between the parties. Unfortunately, this method is the most time-consuming.

Method 3. The vacation schedule form is supplemented with the column “I have read and agree. Signature. Full name". It is assumed that with one signature the employee agrees both with the start dates of the vacation and with the very fact of dividing the vacation into parts. This is a fairly common method that requires minimal time. However, it is not entirely correct. Imagine: ten department employees signed the column, but one categorically refuses, does not want to divide the vacation into parts. You have no right to force him. What to do? Making a new schedule? Re-collect employee signatures? Moreover, the schedule has already been approved by the manager (after all, they are introducing the document that has entered into force). And how can a document be approved if the legal requirement to reach an agreement between the employee and the employer is not met?

Some organizations stipulate in their internal labor regulations that employees are granted leave twice a year for 14 calendar days. It is assumed that the employee’s signature confirming familiarization with the PVTR is his consent to divide the leave into parts. However, this worsens the employee’s position in comparison with labor legislation, and therefore cannot be applied in accordance with Article 8 of the Labor Code of the Russian Federation. Do not forget that the PVTR is a document containing the rules established by the employer and expressing his will, and not at all an agreement between the parties to the employment relationship. The fact that it is adopted taking into account the opinion of the representative body of workers does not change the situation, because, for example, dismissal orders issued taking into account the opinion of the trade union still remain administrative documents of the employer, and do not become agreements on termination of the employment contract.

Question. Savelyev A.V. hired on December 12, 2014. Should it be included in the vacation schedule for 2015?

Answer. An employee’s right to paid leave arises after 6 months of continuous work in the organization (Article 122 of the Labor Code of the Russian Federation). By agreement of the parties, the employer may provide annual leave before the expiration of this period. At their request, the employer is obliged to provide some categories of employees with annual leave, regardless of length of service in the organization (minors, part-time workers, etc.). In this case, the employee will have the right to leave from 06/12/2015. In the vacation schedule for 2015, you need to plan his vacation after the above date. The vacation can be planned in full (28 calendar days) or, by agreement with the employee, divided into parts (for example, 14 calendar days can be planned in 2015, and the remaining days in 2016).

Question. How to plan a vacation for a part-time worker?

Answer. It can be difficult to plan the vacation of a part-time worker, because the exact date of his departure on vacation from his main place of work is not always known (for example, if the development of vacation schedules is carried out in parallel in organizations or the issue of vacations is formally approached at the main job). In this case, the Labor Code is categorical: leave must be granted simultaneously with leave for the main job (Article 286 of the Labor Code of the Russian Federation). Schedule the start of the vacation according to the employee, but be prepared for the fact that it will probably have to be rescheduled, and take this into account when planning vacations for other employees in the same department.

Question. Is it necessary to include women who are on maternity leave in the vacation schedule?

Answer. Many organizations include all employees in their vacation schedule, including women on maternity leave. This is not prohibited by law, but it is not required either. In fact, it is impossible to realistically plan their holidays because they can interrupt their carer's leave at any time, and it is not known when they will want to use their annual leave. If such a woman returns to work, it is more convenient to grant her leave upon request.

Question. What to do with unused vacations? For example, process engineer Petrov V.G. I haven’t gone on vacation for two years. Is it possible to include these vacations in the schedule? And is it true that vacation not used within two years “burns out”?

Answer. Previously unused vacations can be included in the vacation schedule or provided by agreement with the employee upon his application (letter of Rostrud dated March 1, 2007 No. 473-6-0). Inclusion in the schedule is more convenient, as it allows you to clearly assess how many such vacations have accumulated in the organization. Leave must be granted to the employee annually (Article 122 of the Labor Code of the Russian Federation), in exceptional cases of transferring leave to the next working year, it must be used no later than 12 months after the end of the working year for which it is granted (Part 3 of Article 124 of the Labor Code of the Russian Federation). For example, if an employee was hired on 02/01/2014, leave must be granted to him (and the employee must use it) no later than 01/31/2016. Failure to provide annual paid leave for two years in a row is prohibited, and workers under the age of 18 and workers engaged in work with harmful and (or) dangerous working conditions must use leave annually (Part 4 of Article 124 of the Labor Code of the Russian Federation). Of course, if the leave was not granted for some reason, it will not “burn out” at all, the employee will retain the right to it, but the employer in this case may be punished during an inspection of the State Labor Inspectorate or in court.

Once the vacation schedule is approved, it becomes binding (Part 2 of Article 123 of the Labor Code of the Russian Federation). This means that the employer is obliged to provide the employee with leave within the period specified in the schedule, and the employee is obliged to use this leave. Any deviations from the schedule must be documented in the appropriate organizational and administrative document and a mark in the schedule. Employees hired after approval of the schedule can be included in the vacation schedule on the basis of an order or such employees can be granted leave upon request.

We prepare the document

An organization can develop a vacation schedule form independently, but it is necessary to comply with the requirements of Article 9 of Federal Law No. 402-FZ dated December 6, 2011 “On Accounting.” This article contains a list of mandatory details of the primary accounting document. When developing your schedule form, it is advisable to take as a basis the unified form No. T-7, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1, if necessary, removing unnecessary information from it and adding the necessary columns. For example, you can remove codes for OKUD, OKPO and the details of taking into account the opinion of the trade union body (if there is none) from the vacation schedule form. You can supplement the schedule with a visa to coordinate the document with the legal service or other structural divisions of the organization. The letter of Rostrud dated July 30, 2014 No. 1693-6-1 states that it is permissible to supplement form No. T-7 with columns 11, 12. In one of them, the employee will be able to sign that the start date of the vacation is known to him, and in the other - indicate the date notification of the start of vacation (a sample of filling out such a form is given in Appendix 2). The developed form must be approved by the head of the organization upon the recommendation of the accountant (clause 4 of article 9 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting”).

At the scheduling stage, the personnel employee fills out columns 1–6. The name of the organization, structural divisions, positions, surnames, first names and patronymics of employees are indicated without abbreviations. Column 5 reflects the duration of vacation in calendar days. If leave is granted in parts, information about each part of the leave is recorded on a separate line. In column 6 enter the start date of the vacation. In some organizations, it is customary to indicate not the start date of the vacation, but its entire period, for example, 04/01/2015–04/28/2015. This is not a violation.

The vacation schedule is signed by the head of the HR department and approved by the head of the organization. If there is a trade union, it is necessary to take into account the reasoned opinion of the elected trade union body (Part 1 of Article 123 of the Labor Code of the Russian Federation). The procedure for taking into account the opinion of the elected body of employees is established in Article 372 of the Labor Code of the Russian Federation.

The Labor Code does not directly oblige the employer to familiarize employees with the vacation schedule. Experts have differing opinions on this issue. Some experts consider the vacation schedule to be a local regulatory act, and therefore, it is necessary to familiarize employees with it. Others believe that a local regulatory act establishes general norms for an indefinite number of people, and in the vacation schedule we indicate the names of specific employees, therefore, the schedule cannot be attributed to local regulatory acts and it is not necessary to familiarize employees with it. In practice, most organizations still collect employee signatures, because this has a practical meaning: familiarization with the approved schedule gives the employee the opportunity to find out whether his opinion on the vacation date was taken into account and, if not, plan his vacation differently. You can familiarize employees in different ways: by including an additional column in the schedule, collecting signatures on a separate familiarization sheet, or posting the schedule on the organization’s information stand.

Columns 7–10 are filled out by hand throughout the year as vacations are granted. If leave is not granted according to schedule, in column 8 indicate the name and date of the order on the basis of which the leave is transferred. In some organizations, it is customary to indicate the employee’s application as the basis for postponing leave at the initiative of the employee. This is incorrect; to make changes to the approved schedule, an administrative document, that is, an order, is required. Column 9 indicates the date of the expected vacation (this year or next). Column 7 is filled in as vacations are actually used by employees (after all, in different situations, vacations may be provided ahead of schedule, on schedule, or later than the deadline established by the schedule).

Column 10 “Note” can contain any information, the main thing is that it is understandable to the personnel employee. Here, in particular, you can indicate the reason for postponing vacation (for example, at the request of the employee; Part 2 of Article 125 of the Labor Code of the Russian Federation - recall from vacation; Part 3 of Article 124 of the Labor Code of the Russian Federation - if leave is not granted, because this will adversely affect normal course of work of the organization).

The original vacation schedule is usually stored in the personnel department. A copy of the schedule may be required by the accounting department or financial service for accounting or management accounting needs (to estimate how much funds need to be reserved for vacation pay in different periods of the year). For other structural divisions of the organization, you can prepare extracts from the schedule - this will make it more convenient for them to organize their activities throughout the year.

The storage period for the vacation schedule is one year (clause 693 of the “List of standard management archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating storage periods”, approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558). This period is calculated from January 1 of the year following the year of completion of its office work, that is, the vacation schedule for 2015 must be stored until December 31, 2016.

In the absence of a vacation schedule, the perpetrators may be brought to administrative responsibility under Article 5.27 of the Code of Administrative Offenses of the Russian Federation for violating labor and labor protection legislation. This article provides for punishment:

• for officials – a fine from 1000 to 5000 rubles;
• for legal entities – a fine from 30,000 to 50,000 rubles. or suspension of their activities for up to 90 days.

Annex 1

Note: columns 1–7 are filled in by a HR employee, columns 8–10 are filled in by employees

Appendix 2

An example of a vacation schedule

Maria Lapina