The scheduling of employee vacations for the coming calendar year with the signature of the head is made in each organization no later than two weeks before January 1. This rule is laid down in the 123rd article of the Labor Code. That is, for example, December 17, 2016 is the last date of its approval when drawing up the vacation schedule for 2017.
What does it contain
Its purpose is to reflect information on the distribution of paid annual leave of each employee. Such data is planned for the entire calendar year in a monthly context. The personnel department is engaged in the development of the schedule, which takes a lot of time from its specialists.
The organization of the procedure for collecting and processing the necessary information can be different. In some organizations, this work is entrusted to a specialist specifically allocated for this, in others, responsibilities are distributed differently. Each of the personnel department personnel is in charge of specific units.
Scheduling holidays is a responsible procedure. It is necessary to take into account a large number of factors - from the wishes of the workers themselves regarding the current dates to the important needs of the production process. At the same time, it is necessary to monitor compliance with labor laws. It is possible and necessary to reflect the order and all the nuances and conditions regarding this issue in the main local acts of the organization. That is, they should be spelled out on the pages of a collective agreement or PTR.
Vacation schedule order: sample and main content
The procedure for filling out such a schedule must be described in detail in the instructions relating to personnel records management. If she is not there, the work should begin with the release of the relevant order - on scheduling vacations. What is he required to contain?
1. Full name of the specialist who is responsible for the preparation of this document.
2. The terms of coordination with employees of their specific wishes regarding the dates of the start of each vacation.
3. The day by which the head of the structural unit settles the aforementioned wishes with the production plans of each department.
4. The deadline for submitting a draft schedule to management for approval.
Below we offer a look at a sample scheduling vacation in the form of an appropriate order.
The main principles of work
What requirements must be taken into account when scheduling holidays? He is obliged to imply production features, compliance with the technology of work and the principle of interchangeability of employees. The possibilities of this are laid down in the Labor Code of the Russian Federation. In order to avoid disagreements and disputes, the priority of holidays with the procedure for determining it is mandatory in the collective agreement or other local regulatory act. For example, it is mandatory to indicate the impossibility of simultaneously leaving for leave the head of the unit and his deputy.
Depending on the specifics of the organization, the provision of annual vacations only for certain months can be fixed at the documentary level. For example, they visit schools only in the summer, otherwise the learning process may be disorganized. There are situations when it is convenient to send most of the team to rest right away. This is often associated with seasonal rises and lulls in the work of a particular production.
But in most cases, the best option is a relatively even distribution of holidays throughout the calendar year.
Where to begin?
What are the basic rules for vacation scheduling? A personnel service is usually involved in preparing a project for it in organizations. For convenience, special forms are used. In modern conditions, computer programs for scheduling holidays are generally accepted. At the preliminary stage, information on the use of their employees for the past period with the determination of the possible number of days of rest for the current year is analyzed. The availability of workers belonging to preferential categories and entitled to priority in priority is specified.
Then data on employees are transferred to the management of individual units. Their task is to clarify the employee’s opinion when drawing up a vacation schedule (each personally) regarding the date of departure or the possibility of dividing it into parts. Such wishes should be reasonably agreed with the work plans of the unit during the year, on the basis of which the optimal priority is developed. Thus, all departments settle their own projects.
Having gathered the results together, the personnel department is preparing on their basis a consolidated vacation schedule for the entire organization, which is then transferred for approval to management.
What is required for inclusion
It includes paid annual leave - the main and additional, as well as those calendar days that remained unused employees in the current year. The standard duration of the main vacation is 28 days (calendar). Some of the categories of workers under the law use longer vacations. Who is it about?
The main preferential categories consist of workers under the age of 18, disabled people, hard-working educators and public servants. What are the features of each of them?
Minors (up to 18 years old) employees, in accordance with Article 267 of the Labor Code, enjoy the right of leave of 31 calendar days. Holidays of people with disabilities, according to the 23rd article of the Federal Law No. 181, concerning social protection of this category, should not be shorter than 30 days. Vacation of teachers and other pedagogical workers - from 42 to 56 days (in all cases we are talking about calendar days), depending on the type of public education (kindergarten, school) and position. This provision is regulated by article 334 of the Labor Code of the Russian Federation, as well as by special government decree No. 724, adopted in 2002.
The rights of state civil servants provide for a vacation of 30-35 days annually on the basis of Federal Law No. 79, adopted in 2004.
About Extra Holidays
Above we talked about the main annual paid leave. In addition, according to the 116th article of the Labor Code of the Russian Federation, there are also additional holidays. Those who are engaged in hazardous and harmful work (or having a special character), work in abnormal conditions, in the areas of the Far North, etc., as well as in some other specific cases stipulated by law, have the right to them.
Each of the employers, taking into account their financial and production capabilities, has every right to establish additional leave for employees on their own initiative. The procedure for such a procedure, as well as model rules for scheduling holidays, is approved by a collective agreement taking into account the views of the trade union organization. When calculating the total duration, the days of additional holidays are summarized with the main and reflected in the schedule.
About preferential categories
When compiling it, one should not forget that the organization may have employees who have the right to leave at a time that is convenient for them. You should start scheduling directly with these people. To whom does such a privilege shine?
1. Minors under the age of 18 (under Article No. 267 of the Labor Code).
2. Part-time workers (vacation at the main job and additional must coincide in time - Article 286 TK).
3. Workers-spouses of military personnel ( husband and wife leave in this case must match - Article 11 of Federal Law No. 76 on the status of military personnel).
4. For women before or immediately after maternity leave or at the end of the leave given for long-term care of a child - Article No. 260 TK.
5. For workers whose wives use maternity leave - section 123 TK.
Even having agreed upon all the dates and dates with representatives of the above categories, the manager should be prepared for a situation when one of them changes the decision within a year and submits an application for leave from another date. In this case, the head does not have the right to refuse.
The procedure for drawing up a vacation schedule in individual cases
Workers can plan vacations in whole or in part. Separating it, one should adhere to the requirements of Article 125 of the Code. They are as follows: at least one of the parts must be equal to 14 calendar days or more. The reason is simple and related to the care of the health of citizens. The recovery period after hard work during the year for a person is at least two weeks.
Another nuance is that such a division into parts of vacation time is possible only by agreement between the employee and management. If one of them is against, you can’t break up the vacation. The manager confirms his consent to such a separation by signing in the schedule or order of vacations. And where exactly the other party signs - the employee - is not regulated by law. Specific organizations use different methods to obtain this confirmation.
1. When the initiative for sharing vacation is the employee’s business, they are lodged with a request to do so. This is done before the date on which the schedule is to be approved. If the employer agrees, the statement “affirm” with a date and signature is affixed to the application.
2. In a situation of initiative on the part of the management when developing the vacation schedule, the employer may suggest to the employee the division of the main vacation into the required number of parts with the start and end dates of each of them. If the initiative meets understanding, the subordinate will have to confirm - “acquainted and agree” - in the same way, with his own signature, its decoding and current date. This form of agreement is in accordance with legally accepted standards. But this method requires some time-consuming.
3. In the form of a schedule, an additional column is introduced - "read and agree" - and the lines provided for the signatures of employees with a breakdown. Having signed, the employee confirms the absence of claims on the dates of vacation and the facts of its possible separation into "pieces". Thus, working time is saved.
note
This method refers to the ubiquitous, but there are some nuances. It cannot be called completely correct. Let’s say the signatures of all employees except one are received. With a categorical refusal to force his leadership does not have the right. You will have to either draw up a new schedule, or attend to collecting the signatures of all the rest again. That is, this method is rather doubtful from the point of view of the law.
In some organizations, the clause on the provision of leave twice a year (each equal to 14 calendar days) is already prescribed in the internal regulations. By default, the signature of the employee is implied when reading this document as consent to such a separation. But article 8 of the Labor Code of the Russian Federation regards this as a worsening of the situation of the worker. The fact is that the PTRA is a local act of the organization, and expresses only the will of the leader, but is not an agreement of the parties to the labor relationship. This status does not change and taking into account the views of trade union representatives.
About newcomers, part-timers and mothers with children
What should I know about newly hired employees? The right to paid leave appears after six months of continuous activity in this place (article 122 of the Labor Code). By agreement with the employer, this period may be reduced. For a certain category of workers (minors, part-time workers, etc.), he does not depend on the length of service in this organization.
How are part-time vacations planned ? It's not so easy. Sometimes there is no information about the time of leaving such an employee on vacation at the main place. Most often this happens if the procedure for developing schedules in both organizations is carried out simultaneously. Since the compulsory provision of simultaneous provision is strictly regulated, the timing of the vacation schedule will have to be planned, focusing on the words of the employee. And you should be prepared for a possible date transfer.
Should the schedule contain the names of female employees on parental leave? In many organizations, it includes the names of the entire payroll. Women sitting with babies, the law does not oblige to include there, but does not prohibit this. In fact, it is unrealistic to plan ahead of time vacations of this category in advance. After all, each of the employees enjoys the right to interrupt the leave of care and return to official duties at any time convenient for herself.
In addition, there is no information about when this employee wants to use the right to annual leave. Therefore, such cases should always be considered individually.
And over the past years?
What to do with unused vacations? Are they included in the schedule or not? Can days that have not been used for 2 years really “burn out”? According to the Letter of Rostrud No. 473-6-0 of 2007, such holidays are included in the general schedule or are granted upon application of the employee. It is more convenient if they will be reflected in the preparation of the vacation schedule for the 2017 (or any other) calendar year, as this will provide an opportunity to visualize the state of affairs with the accumulated unused days of rest in the context of the whole organization.
According to the law, workers should be sent on leave annually. Cases of their transfer to the next year are among the exceptions. Such "overdue" leave must be granted no later than 12 months after the end of the year for which it is set (124th article). That is, drawing up a vacation schedule for 2017 implies the inclusion of all “debt” on days of rest before employees for 2016.
It is forbidden to refuse to grant holidays for two years in a row, and privileged categories (minors and working in dangerous, harmful conditions) are supposed to rest annually. A vacation cannot burn. The employee’s rights to it are retained, but the head can be severely punished if they discover, in the event the labor inspection verifies the fact of such savings.
Written with a pen ...
At the end of the approval procedure, the vacation schedule is mandatory. This means that the superiors have no right to postpone the deadlines specified in the document without a particularly good reason. And the employee agrees to use the days laid down to him according to what is written. In the event of the need for any deviations, any of them is drawn up by an appropriate order with a note on the reason in the schedule.
If an employee is accepted after the approval of the document, they are sent to rest on the basis of an additional order on the scheduling of vacations or by personal application.
Design - what are the features?
The vacation schedule form can be developed by the organization independently, taking into account the requirements of Article 9 of the Federal Law No. 402 "On Accounting". It contains a list of details of primary accounting documents that are required. It is most convenient to take the T-7 (unified form) as the basis for vacation planning. If necessary, excess information can be deleted from there, and additional columns are entered. For example, in the absence of a trade union body, a column on taking his opinions into account can be crossed out.
The name of the organization, each structural unit, all positions, full names of employees are given in full, without abbreviations. In the case of granting leave in installments, a separate line is allocated for each of them. The document is signed by the chief personnel officer and approved by the management of the organization. Mandatory date of vacation planning. The opinion of the trade union body is taken into account when it is available at the enterprise.
Take care of people
Is it mandatory for each employee to familiarize themselves with the schedule? In this case, there is no consensus among experts on labor law. Some of them attribute such a schedule to local acts with the need to familiarize everyone with a signature. Others agree that this is not necessary.
In practice, in most organizations, scheduling vacations still involves collecting signatures of employees under it - in order to inform the latter. The schedule is usually placed in a public place on the information stand.
Notes to it may contain any information needed by staff workers. For example, the reasons for the transfer of vacations, etc. The original document is usually kept in the personnel department.A copy is usually provided to financial services for accounting purposes to evaluate and plan material reserves for vacation pay. Other structural units, as a rule, are issued extracts from the schedule for the convenience of organizing production activities.
The storage period for such a document is one year after the end of the current calendar period. Its absence at the enterprise is fraught with administrative responsibility, as it is considered a violation. Article 5.27 of the Code of Administrative Offenses imposes a penalty for this in the form of a fine of one to five thousand rubles. (officials) or 30,000-50,000 rubles. (legal).