How to make a vacation schedule (examples)
December 17 is the last day of approval of the vacation schedule, because it must be signed by the head of the organization no later than two weeks before the onset of the calendar year (Article 123 of the Labor Code of the Russian Federation). There is very little time left to have time to correctly compose it.
We organize work on scheduling
The schedule reflects information on the distribution of annual paid leaves of the organization's employees for a calendar year by months. Developing a vacation schedule takes a lot of HR department's time. The collection and processing of the necessary data can be organized in different ways. It is convenient for someone to entrust this to a separate HR specialist who will be busy with the schedule "from and to". For others, it is more convenient to distribute responsibilities: to assign one or several structural divisions to each employee of the personnel department.
Scheduling is a responsible business, it needs to take into account a lot: the wishes of employees about vacation dates, and the needs of the production process, and the norms of labor legislation. It is advisable to reflect the procedure for developing a schedule, conditions and rules for granting vacations in the organization's local regulations (internal labor regulations or a collective agreement). In the instructions for HR administration, you can describe in detail the procedure for filling out the vacation schedule both at the stage of its creation and in the process of maintaining it throughout the year. If the procedure for developing a vacation schedule is not spelled out in the organization's local regulations, it is worth starting its preparation with the issuance of an order, in which you need to indicate:
- who is entrusted with the responsibility for preparing a vacation schedule (the schedule is signed by the head of the HR department, but a personnel specialist can carry out the preparation work);
- when employees must provide their wishes regarding vacations;
- the deadline by which the heads of structural divisions must coordinate the wishes of the workers with the production plans of the departments;
- the deadline by which the draft schedule must be submitted for approval to the manager.
The vacation schedule should take into account the peculiarities of the organization's production process, ensure its continuity and interchangeability of workers. The Labor Code gives all the possibilities for this, because the order of granting leave 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 normative act (PVTP or collective agreement). So, for example, it should provide that the 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, granting leave in the autumn-winter-spring period will negatively affect the learning process). It is possible for an employer to send a large group of workers on vacation at the same time (for example, a manufacturer of window structures, due to low demand for products, may 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 evenly distribute employee vacations throughout the year.
The draft vacation schedule is prepared by the HR department of the organization. The most convenient way to do this is using the modified form of the vacation schedule (Appendix 1). First of all, it is necessary to analyze the "vacation history" and determine how many vacation days in the next year each employee is entitled to count, whether there are employees of preferential categories who enjoy advantages when setting the sequence of vacations. After that, 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 plans of the division for the year, setting the optimal sequence of vacations. On the basis of the projects of the structural divisions, the personnel service prepares a consolidated vacation schedule for the organization and submits it for approval to the head.
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What to include in the schedule
The vacation schedule should include:
- annual basic paid leave;
- annual additional paid leave;
- leave that was not used by the employee during the current year and was carried over to the next year.
The duration of the main annual paid leave, as a rule, is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). For some categories of workers, the legislation provides for longer leave - an extended main leave. These categories include, in particular:
- workers under the age of 18. They are entitled to leave of 31 calendar days (Article 267 of the Labor Code of the Russian Federation);
- disabled people. They are assigned a leave of at least 30 calendar days (Article 23 of the Federal Law of 24.11.1995 No. 181-FZ "On 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 dated 01.10.2002 No. 724 "On the duration of the main annual paid leave granted to teaching staff");
- civil servants have the right to leave from 30 to 35 calendar days, depending on the position (Article 46 of the Federal Law of 27.07.2004 No. 79-FZ "On the State Civil Service of the Russian Federation").
In addition to the main one, some employees may be provided with additional annual paid leaves (Article 116 of the Labor Code of the Russian Federation). Such vacations are provided to employees:
- employed in work with harmful and (or) hazardous working conditions;
- having a special character of work;
- with irregular working hours;
- working in the regions of 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 leaves provided for by legislative acts, employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, approving the procedure for granting them in a collective agreement or other local regulatory 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 leave is added to the main one (Article 120 of the Labor Code of the Russian Federation).
Example. Civil servant V.V. Tropinin has the right to:
- extended vacation (30 calendar days);
- additional leave for seniority (8 calendar days);
- additional leave for irregular working days (3 calendar days);
- additional leave for work in harmful working conditions (7 calendar days).
This means that in the schedule you need to plan a vacation of 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 if there are employees in the organization who are entitled to the provision of annual paid leave at a convenient time for them - their vacation is planned in the schedule in the first place. These workers include, in particular:
- minors under the age of 18 (Article 267 of the Labor Code of the Russian Federation);
- part-time workers (leave is provided 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 provided simultaneously with the leave of the spouse) (clause 11 of article 11 of the Federal Law of 27.05.1998 No. 76-FZ "On the status of military personnel");
- women before maternity leave or immediately after it, 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 mind and write a statement to the employer requesting leave from a different date ... Such an employee cannot be denied the transfer of vacation.
Vacation schedule is a summary document. And although it is drawn up for a calendar year (in this case for 2015), the planned vacation period for 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. Leave for the next working year (from 06/19/2015 to 06/18/2016) can be provided 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);
- part of the vacation, by agreement with the employee, 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 06/18/2016).
As you can see, an employee's vacation can be planned either in full or in parts. When dividing the vacation into parts, it is necessary to comply with the requirements of Article 125 of the Labor Code of the Russian Federation. First, 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 labor achievements, a person needs a good long rest. Secondly, the division of leave into parts is possible only upon reaching an agreement between the employee and the employer. If one of the parties to the labor relationship is against this, then it is impossible to split the vacation. The employer's consent to the division of vacations is confirmed by the signature of the manager in the schedule (or in the vacation order, if the vacation is not provided according to the schedule). In which document the consent of the employee should be reflected is not established by law. In practice, organizations use different methods to obtain confirmation of employee consent:
Method 1. Before the approval of the vacation schedule, the employee writes a statement with a request to divide the vacation into parts, indicates the start dates and duration of the vacation parts, and the employer puts the resolution “Allow. Signature. Date". A good way if the initiative to share the leave 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 ticks “I have read and agree. Signature. Full name. Date". This option is preferable when the initiative to share the leave comes from the employer and fully complies with the spirit of the law: there is a proposal, there is an answer to it, the parties have an agreement. Unfortunately, this method is the most time consuming.
Method 3. The form of the vacation schedule is supplemented by the column “I have read and agree. Signature. Full name". It is assumed that with one signature, the employee agrees both with the dates of the start of the vacation, and with the very fact of dividing the vacation into parts. This is a fairly common method that requires a minimum of time. However, it is not entirely correct. Imagine: ten employees of the department signed the column, and one flatly refuses, does not want to divide the vacation into parts. You have no right to force him. What to do? Make a new schedule? Collect employee signatures again? Moreover, the schedule has already been approved by the head (after all, they are acquainting with the document that has come into force). And how can a document be approved if the legal requirement to reach an agreement between the employee and the employer has not been fulfilled?
Some organizations prescribe clauses in the Internal Labor Regulations stating that employees are granted leave twice a year for 14 calendar days. It is assumed that the signature of the employee on familiarization with the PVTP and there is his consent to the division of the vacation into parts. However, this worsens the position of the employee in comparison with labor legislation, which means that it cannot be applied in accordance with Article 8 of the Labor Code of the Russian Federation. Do not forget that the PVTP is a document containing the rules established by the employer and expressing his will, and not at all an agreement between the parties to an 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 12.12.2014. Should I include it in my 2015 vacation schedule?
Answer. The employee's right to paid leave arises after 6 months of his continuous work in the organization (Article 122 of the Labor Code of the Russian Federation). By agreement of the parties, the employer can provide annual leave even before the expiration of this period. For some categories of employees, the employer is obliged, upon their application, to provide annual leave, regardless of the length of service in the organization (minors, part-time workers, etc.). In this case, the employee will have the right to vacation from 12.06.2015. In the 2015 vacation schedule, you need to schedule 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 part-time vacation?
Answer. It can be difficult to plan a vacation for a part-time worker, because the exact date of his leaving on vacation at the main place of work is not always known (for example, if the development of vacation schedules is carried out in organizations in parallel or at the main job they formally approach the issue of vacations). In this case, the Labor Code is categorical: leave must be provided simultaneously with leave for the main job (Article 286 of the Labor Code of the Russian Federation). Schedule the start of the vacation as the employee says, but be prepared for the fact that it may have to be rescheduled, and take this into account when scheduling vacations for other employees in the same department.
Question. Is it obligatory to include in the vacation schedule women who are on parental leave?
Answer. Many organizations include vacation schedules for all employees, including women on parental leave. This is not prohibited by law, but it is not obligatory. In fact, it is not possible to realistically schedule their leave as they may interrupt their care leave at any time and it is not known when they will want to take annual leave. If such a woman goes to work, it is more convenient to give her leave on request.
Question. What to do with unused vacations? For example, engineer-technologist Petrov V.G. haven't gone on vacation for two years. Can these vacations be included in the schedule? And is it true that the vacation that has not been used for two years "burns out"?
Answer. Vacations not previously used can be included in the vacation schedule or provided by agreement with the employee at his request (Rostrud letter dated 01.03.2007 No. 473-6-0). Inclusion in the schedule is more convenient, as it allows you to visually assess how many such vacations have accumulated in the organization. Leave must be provided to the employee annually (Article 122 of the Labor Code of the Russian Federation), in exceptional cases of postponing the vacation 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 the employee was hired on 02/01/2014, he must be granted leave (and the employee must use it) no later than 01/31/2016. Failure to provide annual paid leave for two consecutive years is prohibited, and workers under the age of 18 and workers employed in work with harmful and (or) hazardous working conditions must use the leave annually (part 4 of article 124 of the Labor Code of the Russian Federation). Of course, if leave for some reason was not granted, it will not "burn out" at all, the employee will retain the right to it, but the employer in this case may be punished when checking the GIT or in court.
After the vacation schedule is approved, it becomes mandatory (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 vacation within the period specified in the schedule, and the employee is obliged to use this vacation. Any deviations from the schedule must be documented in an appropriate organizational and administrative document and a note in the schedule. Employees hired after the approval of the schedule can be included in the vacation schedule on the basis of an order, or they can be granted leave on request.
We draw up a document
The organization can develop the form of the vacation schedule independently, while it is necessary to comply with the requirements of Article 9 of the Federal Law dated 06.12.2011 No. 402-FZ "On Accounting". This article contains a list of the required details of the primary accounting document. When developing your own schedule form, it is advisable to take the unified form No. T-7, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1, as a basis, if necessary, remove unnecessary information from it and supplement it with the necessary columns. For example, you can remove codes for OKUD, for OKPO and the requisite for taking into account the opinion of the trade union body (if it is absent) from the vacation schedule form. You can supplement the schedule with a visa for approval of the document with the legal service or other structural divisions of the organization. Rostrud's letter 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 he knows the start date of the vacation, and in the other, indicate the date notice of the beginning of the 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 as advised by the accountant (clause 4 of article 9 of the Federal Law dated 06.12.2011 No. 402-FZ "On accounting").
At the stage of scheduling, the personnel worker fills in columns 1-6. The name of the organization, structural divisions, positions, surnames, names and patronymics of employees are indicated without abbreviations. Column 5 reflects the duration of the vacation in calendar days. If leave is provided in parts, information about each part of the leave is issued on a separate line. Column 6 sets 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 personnel 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 opinions 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 differ on this issue. Some experts consider the vacation schedule to be a local normative act, and therefore, it is necessary to familiarize employees with it. Others believe that a local regulatory act establishes general norms for an indefinite circle 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 the signatures of employees, because this has a practical meaning: familiarization with the approved schedule gives the employee the opportunity to find out if his opinion on the date of the vacation was taken into account and, if this is not the case, to plan the vacation differently. You can familiarize employees in different ways: by including an additional column in the schedule, collecting signatures in a separate acquaintance sheet, or posting the schedule on the organization's information stand.
Columns 7-10 are filled in by hand throughout the year as vacations are granted. In case of granting leave not according to the schedule, in column 8 indicate the name and date of the order on the basis of which the leave is postponed. In some organizations, it is customary to indicate as the basis for the transfer of leave at the initiative of the employee, his application. This is not true, in order to make changes to the approved schedule, an administrative document is required, that is, an order. Column 9 indicate the date of the proposed vacation (in the current year or next). Column 7 is filled in as the employees actually use the leaves (after all, in different situations, vacations can be provided earlier than the schedule, according to the schedule or later than the deadline set by the schedule).
Column 10 "Note" can contain any information, the main thing is that it is understandable to a personnel worker. Here, in particular, you can indicate the reason for the postponement of vacation (for example, at the request of an 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 vacation is not granted, because this will adversely affect the normal course of the organization).
The original of the vacation schedule is kept, as a rule, in the personnel department. A copy of the schedule may be required by the accounting department or the finance department for the needs of accounting or management accounting (to estimate how much money needs to be reserved for vacation pay in different periods of the year). For the rest of the organization's structural divisions, you can prepare extracts from the schedule - so it will be 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 administrative archival documents generated in the course of the activities of state bodies, local authorities and organizations, indicating the storage periods", approved by order of the Ministry of Culture of Russia dated 25.08.2010 No. 558). This period is calculated from January 1 of the year following the year of the end of his office work, that is, the vacation schedule for 2015 must be kept until 12/31/2016.
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 violation of labor and labor protection legislation. This article provides for the 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 an employee of the personnel service, columns 8-10 are employees
Appendix 2
An example of a vacation schedule
Maria Lapina