LawRegulatory Compliance

Drawing up a schedule of holidays: a step-by-step instruction and a sample

Drawing schedules for employee holidays 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, on December 17, 2016 - the last date of its approval when drawing up a schedule of vacations for 2017.

What it contains

Its purpose is to reflect information on the procedure for allocating paid annual leave of each employee. Such data are planned for the whole calendar year in the monthly section. The personnel service 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 assigned specifically to this specialist, in others the responsibilities are distributed differently. Each of the personnel department staff is in charge of specific units.

Drawing up a schedule of 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 actual deadlines 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 the collective agreement or PVTR.

The order on drawing up of the schedule of holidays: the sample and the main maintenance

The procedure for completing such a schedule must be described in detail in the instruction on personnel management. If it is not there, the work should begin with the release of an appropriate order - on the drawing up of a vacation schedule. What is it supposed to contain?

1. Name of the specialist, who is responsible for the preparation of this document.

2. Terms of agreement with the employees of their specific wishes regarding the start dates of each holiday.

3. The day to which the head of the structural unit will settle the above-mentioned wishes with plans for the production work of each department.

4. The deadline for the submission of the draft schedule to management for approval.

Below, we propose to take a look at the sample of scheduling holidays in the form of an appropriate order.

Main principles of work

What requirements must necessarily be taken into account when drawing up a vacation schedule? He must understand the features of production, adherence to the technology of work and the principle of the 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 order of vacations with the procedure for its determination is necessarily prescribed in a collective agreement or other normative local act. For example, it is necessary to indicate the impossibility of simultaneous departure of the head of the unit and his deputy on vacation.

Depending on the specifics of the organization at the documentary level, it can be recorded that annual leave is given only for certain months. For example, in schools they are only in the summer, otherwise the learning process can be disorganized. There are situations when it is convenient to send a rest at once to the most part of the collective. 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 scheduling vacations? The training of the project in organizations is usually handled by the personnel service. 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 previous period is analyzed with the definition of a possible number of days off for the current year. It specifies the availability of employees who are in preferential categories and who have the right to priority in priority.

Then the data on employees are transferred to the management of individual units. Their task - to clarify the opinion of the employee in drawing up a schedule of holidays (each personally) regarding the date of departure or the possibility of splitting into parts. Such wishes should be reasonably coordinated with the work plans of the unit during the year, on the basis of which the optimal order is worked out. Thus, all departments settle their own projects.

Gathering the results together, the HR department prepares on their basis a consolidated schedule of vacations for the entire organization, which is then passed on to management for approval.

What is required for inclusion

There are included paid annual leaves - basic and additional, as well as those calendar days that remained unused employees in the current year. The standard duration of the main leave is 28 days (calendar). Some of the categories of workers who work by law enjoy longer holidays. Who are we talking about?

The main preferential categories consist of workers under the age of 18, disabled people, teachers and government employees. What are the characteristics of each of them?

Minors (up to 18 years old), employees, according to the 267th article of the Labor Code, enjoy the right to leave a length of 31 calendar days. Holidays for disabled people, according to Article 23 of Federal Law No. 181, concerning social protection of this category, should not be shorter than 30 days. Holidays of teachers and other teachers - from 42 to 56 days (in all cases it is the days of calendar) depending on the type of the school (kindergarten, school) and positions. This provision is regulated by Article 334 of the Labor Code of the Russian Federation, as well as by a special Government Decision No. 724, adopted in 2002.

The rights of state civil servants include rest for 30-35 days annually on the basis of Federal Law No. 79, adopted in 2004.

About additional holidays

Above we talked about the main annual paid holidays. In addition, according to the 116th article of the LC RF, there are also additional holidays. Those who are engaged in dangerous and harmful work (or having a special character), work in irregular conditions, in the Far North, etc., and in some other specific cases stipulated by law have the right to them.

Each of the employers, given its financial and production capabilities, has the full right to set additional leave on its own initiative. The procedure for such a procedure, like the standard rules for drawing up a vacation schedule, is approved by a collective agreement, taking into account the opinion of the trade union organization. When calculating the total duration, the days of additional holidays with the main ones are summed up and reflected in the graph.

About preferential categories

When composing it, one should not forget that in the organization there can be workers entitled to leave at a time that is convenient for them. To start drawing up a schedule it is necessary directly with these people. To whom does this privilege shine?

1. Minors under the age of 18 (under Article No. 267 of the TC).

2. Employees-part-time workers (leave on the main job and additional must coincide in time - Article 286 TK).

3. Employees-spouses of servicemen (husband's and wife's vacations in this case must coincide - Article 11 of Federal Law No. 76 on the status of military personnel).

4. Women before or immediately after maternity leave, or at the end of the leave, given for long-term care of the child - Article No. 260 TK.

5. Those workers whose wives use maternity leave are article 123 of the TK.

Even after agreeing all the dates and terms with the representatives of the above categories, the manager should be ready for the situation when one of them within a year will change the decision and apply for leave from a different date. In this case, the boss does not have the right to refuse.

The procedure for scheduling holidays in individual cases

Employees can plan holidays in whole and in parts. Sharing it, it is necessary to adhere to the requirements of Article 125 of the Code. They consist in the following: at least one of the parts should equal 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 - a similar division of the vacation time by parts is possible only by agreement between the employee and the management. If someone is one of them against, you can not split the vacation. The head confirms his consent to such division by a signature in the schedule or order of holidays. And where exactly the other side signs - the employee - is not regulated by law. In specific organizations, they use this method to obtain this confirmation by different methods.

1. When the initiative of separation of leave is the work of an employee, they are lodged with a request for this. This is done before the date when the schedule should be approved. If the employer agrees on the application, they are given a resolution "to authorize" with a date and a signature.

2. In the situation of the initiative on the part of management when developing the vacation schedule, the employer may be asked to divide the basic leave into the required number of parts, indicating the start and end dates of each of them. If the initiative meets understanding, the subordinate has to confirm - "acquainted and agree" - in the same way, with his own signature, its decoding and the current date. This form of agreement is consistent with legally accepted standards. But this method requires some time.

3. In the form of a schedule, an additional column is introduced - "acquainted and agreed" - and the lines provided for signatures of employees with decoding. Having signed, the employee confirms the absence of claims on the dates of the leave and the facts of its possible division into "pieces". Thus, working time is saved.

note

This method refers to ubiquitous, but there are some nuances. It is impossible to call it completely correct. Suppose that all employees have received the signatures except one. At categorical refusal to force its management of the right has no. We will either have to draw up a new timetable or take care of collecting the signatures of all the others again. That is, this method from the point of view of the law is rather doubtful.

In some organizations, already in the internal regulations, a provision is made for the provision of holidays twice a year (each is equal to 14 calendar days). By default, the employee's signature is understood when reading this document as consent to such a separation. But Article 8 of the RF Labor Code regards this as a worsening of the situation of the worker. The fact that PVTR is a local act of organization, and expresses only the will of the head, but is not an agreement of the parties to the employment relationship. This status does not change the consideration of the opinion of representatives of the trade union.

About beginners, part-timers and mothers with children

What should you know about the new employees? The right to paid leave appears after six months of continuous activity in this place (122nd article of the TC). By agreement with the employer, this period may be reduced. For a certain category of employees (minors, part-time workers, etc.), it does not depend on the length of service in the 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 leave 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 schedules for the preparation of the holiday schedule will have to be planned, guided by the words of the employee. And you should be prepared for a possible transfer of the date.

Should the schedule include the names of employees on childcare leave? In many organizations, it includes the names of the entire payroll staff. Women who are sitting with the kids, the law does not include there, but it does not prohibit it either. In fact, regular holidays in this category are not planned in advance. After all, each of the workers enjoys the right to interrupt their care leave and return to their official duties at any convenient time.

In addition, there is no information on when this employee will want to take advantage of the right to annual leave. Therefore, such cases should always be considered on an individual basis.

And over the past years?

What about unused holidays? Are they included in the schedule or not? Are days that have not been used for 2 years, can "burn"? According to the Rostrud Letter No. 473-6-0 of 2007, such holidays are included in the general schedule or are provided at the request of the employee. It is more convenient if they are reflected in drawing up a vacation schedule for 2017 (or any other) calendar year, as this will give an opportunity to visualize the state of affairs with accumulated unused rest days in the context of the whole organization.

According to the law, on holidays it is necessary to send employees annually. The cases of transferring them to the next year are among the exceptions. Provide such an "overdue" leave need not later than 12 months after the end of the year for which it is laid (124th article). That is, drawing up a vacation schedule for 2017 implies entering into it all the "debt" on days of rest before employees for 2016.

To refuse to grant leave for two consecutive years is forbidden, and privileged categories (underage and working in dangerous, harmful conditions) are supposed to rest every year. The "vacation" can not "burn out." The employee's rights to him are preserved, but if found in the case of a labor inspectorate's verification, such a saving can be seriously punished.

Written with a pen ...

At the end of the approval procedure for the vacation schedule, it is mandatory for execution. This means that the time limits specified in the document can not be postponed without a particularly compelling reason, the authorities do not have the right. And the employee undertakes to use the days assigned to him according to what was written. In the event that any deviations are necessary, any one of them is drawn up by an appropriate order with a note on the reason in the chart.

If an employee is accepted after the approval of the document, rest is sent on the basis of an additional order on scheduling holidays or on a personal application.

Registration - what are the features?

The form of the holiday schedule can be developed by the organization independently taking into account the requirements of Article 9 of Federal Law No. 402 "On Accounting". It contains a list of requisites of primary accounting documents, which are mandatory. It is most convenient to take the T-7 (unified form) as the basis of the vacation schedule. If necessary, extra information from there can be deleted, and additional graphs are added. For example, in the absence of a trade union body, a column on taking into account his opinion can be deleted.

The name of the organization, of each structural subdivision, all posts, of the FIO employees are given in their entirety, without any abbreviations. In the case of holidays in parts, a separate line is allocated to each of them. The document is signed by the chief personnel officer and approved by the management of the organization. The date of scheduling of holidays is obligatory. The opinion of the trade union body is taken into account when it is available at the enterprise.

We will take care of people

Is it compulsory for each employee to know the schedule? In this case, there is no unity of opinion among labor law experts. Some of them include 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, drawing up a vacation schedule does involve the collection of 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. For example - the reasons for the transfer of holidays, etc. The original document is stored in the personnel department. A copy is usually provided to financial services for accounting purposes to assess and plan material reserves for vacation pay. The rest of the structural units, as a rule, are issued with excerpts from the schedule for the convenience of organizing production activities.

The shelf life of such a document is one year after the end of the current calendar period. Its absence at the enterprise is fraught with the responsibility of an administrative nature, since it is considered a violation. Article 5.27 of the Administrative Code of the Russian Federation sets a penalty for this in the form of a fine of one to five thousand rubles. (Officials) or 30 000-50 000 rubles. (Legal).

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