Two weeks before the start of the new calendar year, employers need to have time to approve an important local regulatory act - the vacation schedule. The absence of this document is regarded as an administrative offense and entails a warning or a fine. We figure out what features need to be taken into account in the vacation schedule and what categories of employees are entitled to apply for a vacation out of turn.
Features of scheduling vacations
Vacation scheduling is the responsibility of all employers, regardless of the number of employees in the company. This document regulates the sequence of providing paid vacations in a calendar year and contains information about the time distribution of employees' rest (Article 123 of the Labor Code of the Russian Federation). When compiling it, the wishes of employees and the specifics of the work process are taken into account. Employers should have time to draw up a vacation schedule by December 17.
- Features of scheduling vacations
- How to include your holiday start date in your vacation schedule
- the right to postpone leave for the next year
- Vacation schedule form
- Changing the vacation schedule
- The employee will be fired in January. Do I need to fill out a vacation schedule for it?
- Penalty for not having a vacation schedule
Scheduling procedure
The procedure for scheduling vacations can be established in a collective agreement, internal labor regulations or other local regulations. Moreover, Rostrud believes that the vacation schedule in each structural unit may be different. This is especially true for large companies that employ hundreds or thousands of employees. In this case, the preparation of draft schedules is carried out by the heads of departments, and then they transfer the document to the personnel officers, who, for their part, form a consolidated unified vacation schedule.
According to the accepted rule, the vacation schedule should contain information about the time and duration of vacation for each employee working under an employment contract.
Typically, the length of vacation depends on the number of vacation days an employee is entitled to and the number of unused vacation days as of January 1, 2021.
When scheduling vacations, do not forget about newcomers who have not worked six months at the beginning of the calendar year. As we know, the right to take leave for the first year of work arises after six months of continuous work with a particular employer. Therefore, when drawing up a schedule, it is important to take into account that beginners can take advantage of the prescribed rest days by the end of the year.
Duration of basic annual leave
- 28 calendar days - for all employees who are not included in the preferential categories;
- 31 calendar days - for employees under 18;
- 30 calendar days - for disabled people;
- 30-40 days - for employees of rescue services (depending on the lag of continuous work);
- 42-56 calendar days - for workers engaged in work with chemical weapons, certain categories of pedagogical workers.
There are several categories of workers who are "knocked out" of the general rule for scheduling vacations:
1. Employees who are entitled to apply for paid leave upon application before the expiration of six months of continuous work.
Such employees are indicated in Art. 122 of the Labor Code of the Russian Federation:
- women - before or immediately after maternity leave;
- employees under the age of 18;
- workers who have adopted a child under the age of 3 months.
According to Art. 123 of the Labor Code of the Russian Federation, at the request of the employee, he can be granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with the employer.
2. Part-timers.
According to Art.286 of the Labor Code of the Russian Federation, part-time leave is provided simultaneously with leave at the main place of work. If an employee has not worked for six months at a part-time job, then the vacation is provided in advance.
To take this category of employees into account in the vacation schedule, ask them for information about the vacation period at the main place of work.
3. Large employees with children under 12 years old.
Federal Law No. 360-FZ of 11.10.2018 supplemented the Labor Code of Art. 262.2. Now employers need to take into account that parents of 3 or more children under the age of 12 have the right to take annual paid leave of their choice at a time convenient for them.
In the Letter of the Ministry of Labor of the Russian Federation of November 20, 2018 N 14-2 / OOG-9166, it is specified that the age of children is calculated for the year the leave is granted. This means that if at the beginning of the leave year, a large employee had the right to use the leave at a convenient time, then this right remains with him even if at the time the leave begins, the older child is already 12 years old.
In a review of topical issues for February 2019, Rostrud considered the question of whether an employee with three children under the age of 12 can take a vacation at a convenient time in parts. According to experts, the right to use the vacation at a convenient time does not mean the right to divide the vacation into parts at the request of the employee. Such a division in accordance with Art. 125 of the Labor Code of the Russian Federation is possible only by agreement of the parties. In this case, one of the parts of the leave must be at least 14 calendar days.
4. Veterans, employees awarded with the badge "Honorary Donor of Russia", employees raising a disabled child under the age of 18, spouses of military personnel.
All these categories of workers have the right to go on paid leave at a convenient time for them.
When drawing up a vacation schedule for the year, it is important to remember that the non-working holidays specified in Art. 112 of the Labor Code of the Russian Federation, are not included in the number of calendar days of the annual main or additional leave. Therefore, if the vacation falls on these days, the end date is automatically postponed.
In addition, it is important to remember about the transfer of weekends (Decree of the Government of the Russian Federation of 10.10.2020 No. 1648).
How to include your holiday start date in your vacation schedule
Rostrud believes that indicating in the schedule only the month of vacation, without exact dates of the beginning and end of the vacation, is unlawful.
Experts recommend entering specific dates into the vacation schedule form to avoid disagreements with employees.
On the right to postpone vacation for the next year
It is quite possible that when drawing up a vacation schedule for a year, some employee will send you an application with a request not to grant him vacation next year, but to postpone it to 2022. This request must be refused. This is what the experts of Rostrud advise to do.
They refer to the fact that annual paid leave should be granted every year. And if the transfer is allowed, that only in exceptional situations (Art. 124 of the Labor Code of the Russian Federation), which include, for example, production necessity and temporary disability of the employee.
Vacation schedule form
When drawing up a vacation schedule, you can use the T-7 form (Resolution of the State Statistics Committee of the Russian Federation dated 06.04.2001 No. 26). At the stage of planning vacations, you should fill in columns 1 to 6.
Column 6 introduces the start date of the vacation of employees, including those who have the right to take vacation at any time convenient for them.
Columns 7, 8 and 9 are not filled in. Data in them is entered by hand throughout the year, as employees go on vacation.
Rostrud recommends adding an additional column "familiarized with the schedule" to the form or drawing up a familiarization sheet, which will be an attachment to the vacation schedule. Do not forget that according to Art. 123 of the Labor Code of the Russian Federation, each employee must be notified of the start time of the vacation no later than two weeks before its start.
Until approved, the vacation schedule is just a draft.After it has been endorsed by the head of the personnel service and the heads of structural divisions, the document is sent to the trade union organization (Article 372 of the Labor Code of the Russian Federation). His confirmation is expressed in the format of an extract from the minutes of the meeting of the trade union committee. But today not every company has a trade union. Then in the form in the line of approval, you need to make a note about this.
It is necessary to familiarize employees with the approved vacation schedule against signature. The document follows:
- store in the accounting and personnel department;
- hang out in a convenient place for review;
- send to the structural divisions of the company (copies of the schedule).
If the employer warned the employee about the onset of the vacation later than two weeks before its start, the employee has the right to submit a written application demanding the postponement of the vacation for another agreed period. At the same time, he may not write an application addressed to the employer for granting him leave, if he uses it in accordance with the schedule.
There are several cases when an employee is required to apply for a vacation:
- the leave is used before six months of continuous work with the employer;
- the leave is used before six months of continuous work on the basis of an agreement with the employer;
- the employee belongs to one of the categories to which the employer is obliged to provide leave at a convenient time.
Changing the vacation schedule
Since the vacation schedule refers to mandatory documents not only for the employer, but also for the employee, in case of changes to it, the agreement of the parties is required.
To record the transfer of vacations in the current calendar year in the T-7 form, columns 7-9 are used.
Box 10 ("notes") should be used in the following cases:
- when the vacation or parts of it are transferred for the reason indicated in - the granting of vacation may adversely affect the normal course of work of the organization;
- when the vacation or parts of it are transferred for the reason specified in; and the transfer of vacation to the next calendar year.
Adding a new employee to the approved vacation schedule
As a rule, new employees appear in the company during the year. In this regard, the question often arises: what to do if a person went to work after the approval of the vacation schedule?
Rostrud relies on law enforcement practice in this matter and provides two options on its official website:
- make changes to the consolidated vacation schedule;
- draw up an additional schedule and attach it to the summary.
The employee will be fired in January. Do I need to fill out a vacation schedule for it?
Clarifications on this issue are given in the Letter of the Ministry of Labor of the Russian Federation of March 27, 2020 N 14-2 / B-321.
In it, the department indicated that the vacation schedule should include all employees who are in an employment relationship with the organization on the day the schedule is approved. This requirement also applies to employees with whom employment contracts will be terminated during the working year. Thus, it is impossible not to take into account in the vacation schedule an employee whose employment contract expires in January.
Penalty for not having a vacation schedule
The absence of a vacation schedule is an administrative offense, for the commission of which there are penalties (Article 5.27 of the Administrative Offenses Code of the Russian Federation) - warning or imposition of an administrative fine:
- for officials in the amount of 1,000 to 5,000 rubles;
- for entrepreneurs - from 1,000 to 5,000 rubles;
- for legal entities - from 30,000 to 50,000 rubles.