The vacation schedule is a local act that provides for the sequence of personnel rest throughout the year. Article 123 of the Labor Code of the Russian Federation establishes that this schedule is mandatory for both parties to the labor relationship.
A schedule is drawn up in advance - 2 weeks before the next year. A reasonable question arises: is it necessary to include newly hired employees in this document and how to provide them with leave?
New schedule for a new company
The vacation schedule is a mandatory document that companies are known to draw up at the end of the calendar year and approve no later than two weeks before the new year.
But what about enterprises that started working in the coming year? Do they need to draw up such a schedule, or can new companies operate without a vacation plan at all until the end of the year? No, they cannot, the State Labor Inspectorate in Moscow reported in a letter dated February 1, 2021 No. 77/7-1899-21-OB/10-3366-OB/18-1193.
The State Tax Inspectorate indicated that a vacation schedule must be maintained even for a company that began operating from the beginning of the year, while the schedule of employee rest periods must be filled out as new specialists are hired.
Labor inspectors also clarified that micro-enterprises may refuse to draw up local regulations, including a vacation schedule. However, in this case, the company needs to enter into a written agreement with the employee, reflecting this fact in a standard employment contract.
Features of drawing up a vacation schedule for 2021
No later than December 17, employers must draw up, fill out and approve the vacation schedule for 2021. The deadline has been set and will not be moved due to weekends. For detailed instructions, an example and a sample of filling out the vacation schedule for 2021, along with the order for its approval, read the article.
Procedure
Make a graph for each structural unit. To do this, find out when employees intend to go on vacation next year, for example through questionnaires.
Then consolidate the data into a single database (this is usually done by the HR department). Until the schedule is officially approved, the summary table with dates represents only the project. Before approving the schedule, it is necessary to submit a draft to the primary trade union organization (Article 372 of the Labor Code of the Russian Federation), if there is a trade union in the organization.
Time is allocated for this:
— 5 working days to receive a reasoned response from the trade union;
— 3 days for additional consultations (if needed).
The schedule is drawn up in free form or according to the unified form No. T-7.
Remember that the vacation can be divided into parts, but at least one of the parts must be at least 14 days.
Introduce workers to the end result.
Deadlines for drawing up a vacation schedule for 2021
The deadline for approving the vacation schedule is legally established in Article 123 of the Labor Code of the Russian Federation, namely no later than two weeks before the new year (December 17, 2021 is the last day for approval).
Violation may result in administrative liability (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):
- for an official, a warning or a fine from 1,000 to 5,000 rubles;
- for entrepreneurs – from 1,000 to 5,000 rubles;
- for companies – from 30,000 to 50,000 rubles.
The labor inspectorate will determine the type of punishment.
Vacation schedule form for 2021
According to the schedule, information about the dates of payment of vacation pay is generated. Therefore, the document must contain all the mandatory details of the primary documentation from Art. 9 Federal Law “On Accounting”. The date of creation and the signature of the manager are required elements.
An organization can develop its own template. Or you can use standardized forms. You can create a document in paper or electronic form, signed with an electronic signature, taking into account the Federal Law “On Electronic Signature”.
The unified form of the vacation schedule is established by Resolution No. 1 of January 5, 2004 “On approval of unified forms of primary accounting documentation for labor accounting and its payment.”
The form of the schedule determines whether it is necessary to issue an order approving the vacation schedule or not. Form No. T-7 provides for a document approval stamp, so there is no need to approve such a schedule with a separate order.
If you have developed a vacation schedule form yourself and it does not have an approval stamp, approve such a schedule by order of the manager. To make changes to such a vacation schedule, you will need a corresponding order.
Drawing up a vacation schedule for 2021
In the vacation schedule form for 2021, please include the following information:
- name of the department or other unit;
- position in accordance with the staffing table, last name, first name and patronymic;
- current personnel number.
Additionally, the following vacation elements are indicated:
- duration;
- the initial date of rest with division into planned and actual;
- the basis for changing the planned dates;
- estimated date and note.
The actual duration is not displayed before approval; it is filled in after the employee returns to work.
The completed schedule is certified by the head of the HR department with his signature. And in her absence, any other authorized employee, for example, the chief accountant. After which the completed document is finally approved by the head of the organization.
We prepare according to all the rules the vacation schedule for 2021
Typically, employers strive to familiarize employees with the vacation schedule against signature. To do this, you are asked to sign in the “Note” field or attach a familiarization sheet. However, at present there are two opposing positions on this issue.
- The law does not contain a direct requirement to introduce employees under signature. The vacation schedule is not a local act. The vacation schedule is an organizational and administrative document. The employer is obliged to notify about the upcoming scheduled vacation no later than two weeks before its start (Part 3 of Article 123 of the Labor Code of the Russian Federation).
- The vacation schedule falls under Article 8 of the Labor Code of the Russian Federation. That is, this is a local act of organization. The employer is obliged to familiarize him with documents related to the employee’s work activity against his signature. These also include the vacation schedule (Article 22 of the Labor Code of the Russian Federation).
How to take into account the 2021 holidays in your vacation schedule?
Employees often combine vacation time with holidays. In this case, holidays are not included in the number of calendar days of vacation (Article 120 of the Labor Code of the Russian Federation). Weekly days off are included in the annual rest period (Article 115 of the Labor Code of the Russian Federation).
For example, if you indicate in the schedule the duration of vacation at eighteen days from January 1, then ten holiday days from January 1 to January 10 will not be included in the vacation period. It is better to indicate the start of the vacation from January 11, but first coordinate this with the employee.
How to follow the order of vacations in the vacation schedule for 2021?
There are employees who have the right to leave at a time convenient for them out of turn. Even if there is a vacation schedule, they are not obliged to obey it.
If the company has such employees, first of all, agree on the vacation time with them and indicate it in the schedule. And then arrange vacation periods for the rest of the employees. This will reduce the likelihood of postponements during the year and disruptions in the work schedule.
Who has the right to take vacation at any time?
- Minors (Article 267 of the Labor Code of the Russian Federation).
- Women immediately before or immediately after maternity leave (Article 260 of the Labor Code of the Russian Federation).
- Women at the end of maternity leave (Article 260 of the Labor Code of the Russian Federation).
- Husbands during the period when their wives are on maternity leave (Part 4 of Article 123 of the Labor Code of the Russian Federation).
- Honorary donors of the Russian Federation (clause 1, part 1, article 23 of the Federal Law of July 20, 2012 No. 125-FZ).
- Wives and husbands of military personnel during their spouse's leave (Clause 11, Article 11 of the Federal Law of May 27, 1998 No. 76-FZ).
- Parents with many children who have at least three children under 12 years of age (Article 262.2 of the Labor Code of the Russian Federation).
- One of the parents, trustees or guardians of a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation).
- One of the parents, guardians, trustees who works in the Far North or in an area of similar status and needs to accompany the child upon admission to an educational institution (Part 5 of Article 322 of the Labor Code of the Russian Federation).
- Employees who were previously recalled from vacation (Article 125 of the Labor Code of the Russian Federation).
- Employees who suffered from the Chernobyl disaster (clause 5 of Article 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-1).
How to make changes to your vacation schedule
The legislation does not prohibit making necessary amendments to the document. The company may reflect new information, for example when hiring an employee.
If an employee has to leave earlier or later than the date established in the schedule, then the adjustment is made as follows. Without changing the specified date, make the necessary entry about the transfer. Its duration is noted directly in columns 8 to 10 of the chart. This will require agreement from both parties. It is recommended that you put it in writing.
It should be borne in mind that two weeks before the expected date of vacation, the employee submits an application indicating the number, which will be reflected in the schedule when adjusted. Also, the basis for transferring days is an order when personnel are called due to production needs or other cases of personal circumstances.
The procedure for filling out and making changes is determined in the internal local act. In particular, in the internal regulations.
Exact dates
Letter of Rostrud dated December 24, 2021 No. PG-59141-6-1 is devoted to the accuracy of compliance with the dates specified in the vacation schedule. The department was asked whether it is necessary to indicate specific dates in the vacation schedule? Indeed, according to the Ruling of the Supreme Court of the Russian Federation dated February 6, 2014 No. APL13-606, Russian labor legislation does not contain requirements according to which exact calendar dates must be indicated in the list of rest periods. And is it possible, if the employee has not yet decided on the dates on which he plans to rest, to indicate only the month in the vacation schedule? The question is really relevant, especially for workers who are planning a vacation for a certain season, but have not yet purchased tickets to the vacation destination with exact dates.
In response to the question, the department clarified:
Current legislation does not establish the employer’s obligation to indicate a specific date in the vacation schedule, however, in practice the date is usually indicated due to the regulation of the continuity of the organization’s activities and for the convenience of all employees.
Further, Rostrud noted that the very concept of “vacation schedule” presupposes the indication in the document of specific periods: the beginning and end of employees’ rest time. The dates indicated in the list are the result of an agreement between employers and employees. At the same time, in the future, changes can be made to the schedule at the request of the employee; to do this, he needs to write a statement and agree on new vacation dates with the employer.
Rostrud noted:
The vacation schedule in this case is a document during the implementation of which, by virtue of mutual agreements, changes can actually be made. At the same time, he is a guarantor for both parties in the event that an agreement cannot be reached - both parties adhere to the established vacation schedule.
Thus, it is better to draw up a vacation schedule indicating the start and end dates of the vacation period, and if vacation plans change, agree on new dates.
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At a convenient time
Some categories of employees have the right to go on vacation not according to a schedule drawn up in advance, but at a time when it is convenient for them. At the same time, the company cannot deny such employees vacation. For example, Article 262.2 of the Labor Code establishes that employees with three or more children under the age of 12 may rest not in accordance with the vacation schedule (which, we recall, is a mandatory document both on the part of the employer and the employee). employees), and at a convenient time for them. In this case, how should the company maintain a vacation schedule, should such employees be included in the general list? The answer to this question was given by the Russian Ministry of Labor in letter dated December 8, 2021 No. 14-2/OOG-17786.
The department reported that in the described situation, all employees must be included in the vacation schedule, including those who have preferences when choosing the start date of their vacation time. Subsequently, when the specialist decides on the date, he must inform the employer of his decision in advance.
The Ministry of Labor noted that.
conclusions
The employer is obliged to draw up a schedule and determine the order of rest for personnel working in the organization at the end of the year. A similar obligation for newly hired persons this year is not provided for by the Labor Code of the Russian Federation; there is no clear rule for this case.
Since the legislator does not give clear recommendations, the employer will be right if he draws up an addition to the schedule for a new person, and he will also be right if he provides rest in six months only on the basis of an application.
However, in the first case, the date of rest will be agreed upon in advance with the employee, which is convenient for the employer, and the employee will know about the guarantee provided for him.
In the second case, there is no such certainty; the possibility of going on leave will be decided on the basis of an application at the request of the employer at the time of submitting the request. It is difficult to predict what management’s decision will be, meaning the employee remains in limbo and cannot plan his rest period in advance.
