Rules for changing the vacation schedule when hiring new employees - an example of an addition

Drawing up a vacation schedule is the responsibility of every organization. Usually it is developed in advance: 2 weeks before the next calendar year and approved by order of the boss. According to the provisions of Art. 123 of the Labor Code of the Russian Federation, compliance with the vacation schedule is mandatory for the employer and employee. In this regard, many HR specialists have a question: are changes to the vacation schedule allowed, what documents need to be prepared in this case? How to make changes to the schedule when rescheduling vacation? How to adjust the schedule when hiring a new employee? Let's figure it out.

On what grounds can you postpone your vacation?

At the request of the employer, an employee’s vacation can be postponed in the following cases:

• an important urgent task that can only be completed by a specific specialist;
• company restructuring (merger, split-up, re-profiling, significant staff reduction, etc.);
• introduction of innovative work methods, installation of new equipment, replacement of software and computing systems;
• unscheduled inspections of the company’s activities by fiscal or other regulatory government agencies;
• urgent business trip due to production needs;
• illness of a manager whose job responsibilities can only be transferred to a limited number of people (in particular, to the deputy head of a department or department).

In these cases, the transfer must be agreed upon with the employee. The employee must reflect the absence of objections regarding the clarification of the date or period of rest on the order to postpone the vacation. Or you can draw up a separate document where he directly expresses his consent to the transfer of his vacation.

Good reasons for changing the vacation schedule may arise not only from the employer, but also from the subordinate. Among the reasons taken into account that require the postponement of an employee's rest time are usually financial, family or personal circumstances. These include: illness, possible maternity leave, the need to rest during certain periods (for example, simultaneously with a spouse).

The head of the company has the right to independently determine whether the grounds for postponing the rest period are significant. It often happens that an application to change the vacation schedule remains unsatisfied. Then the employee goes on vacation during the period that was originally planned. Also see "Vacation Schedule".

Addition to the existing vacation schedule

The fastest and most convenient way to make changes is to draw up additional vacation schedules. Such a document is drawn up according to the same T-7 form and contains information about the newly hired employee. The document is approved by the director.

The information that should be reflected in the additional document is as follows:

We introduce the document to the employee without fail; he must sign to indicate that he has read it.

We make adjustments according to the rules

In practice, a document drawn up in advance can rarely remain unchanged. Sometimes situations arise that require adjustments to be made. This especially applies to large organizations. Russian legislation is silent on whether it is possible to make changes to the vacation schedule. There are no corresponding norms either in the Labor Code of the Russian Federation or in the instructions themselves for filling out such documents.

However, practicing HR specialists are confident that clarifications are necessary for a number of reasons. Firstly, the irrelevance of information in the schedule may lead to claims from labor inspectors. Providing holidays outside the established dates may result in penalties. Secondly, unscheduled absence of employees can jeopardize the uninterrupted operation of the company, as well as create problems for the accounting department, which creates and maintains a guideline for reserves for payment of relevant expenses.

Adjustments to the schedule must be approved by the manager. For this purpose, an order is drawn up to change the vacation schedule, on the basis of which the corresponding clarifications are entered into the unified form No. T-7, approved on 01/05/2004 by Resolution of the State Statistics Committee No. 1. See also “Order on approval of the vacation schedule according to Form T-7”.

So please note: the law does not establish the rules necessary to comply in these cases. However, depending on the specific situation, the schedule can be modified in different ways.

How to make changes to your vacation schedule

In general, if a certain situation occurs, changes must be made to the T-7 form.

Changes to the schedule may be made for various reasons. Be that as it may, the general point is that an order must be drawn up for changes to be made. It is certified by the head of the organization, and all interested employees get acquainted with it against signature. After this, changes must be made to both the employee’s personal card and the vacation schedule itself.

When adjusting the vacation schedule, changes must be made to columns 7, 8 and 9. They indicate the new vacation date and the reason for the postponement.

Please note that all changes to the vacation schedule are made solely by agreement with the employee. If the employer does not agree with the employee on the changes, the employer faces administrative liability.

Changes are made based on the employee’s application, memo and, of course, the employer’s order.

New employee hired

If new people join the company during the year, there is no need to make changes to the current schedule. The employer has the right to provide such employees with the opportunity to rest at any time, if this does not cause damage to the organization and its business processes. This is done on the basis of a written statement from interested parties.

If an organization nevertheless decides to document a change in the vacation schedule when hiring a new employee, it is reasonable to draw up an addition to the already existing vacation schedule. It is usually drawn up in the form of a separate document in the prescribed form. In this case, in the “Notes” column, you must indicate the date the new employee started working.

conclusions

If a new person is hired, he can ask for leave after six months of his work. To do this, he can submit an application, and the dates for the provision of rest are agreed upon by the two parties.

Theoretically, the employer may not release the employee, citing Article 123 of the Labor Code of the Russian Federation, which states that vacations are provided according to the schedule.

To avoid possible controversial situations, it is better to enter information about newly admitted ones in addition to the schedule for the current year. This will eliminate conflicts and disputes and clearly define vacation dates.

Changing your planned holiday date

All other adjustments to the schedule are usually associated with the fact that the employee is forced to rest earlier or later than the deadline set for him. In this case, changes to the vacation schedule in 2021 should be made in the following scheme: the planned start date of the event, entered in column 6, is not changed, and all necessary information about postponing the start of the vacation or changing its duration is reflected in columns 8–10.

Please note that not all HR employees know how to make changes to the vacation schedule in accordance with the law. In particular, many of them forget about the provisions of Art. 123 Labor Code of the Russian Federation. It says that if an employee has the right to go on vacation in a certain month, then 2 weeks before the expected start of the vacation he must write an application indicating a specific date. This is what needs to be entered in column 8.

The requirement that employees are required to notify the employer of the start date of vacation no later than half a month in advance should preferably be enshrined in an internal company regulation - an order or directive. Also, nothing prevents you from introducing a corresponding clause into the wage regulations. Moreover, all company employees are required to carefully study these documents. The same applies to the order to amend the vacation schedule: all interested employees must familiarize themselves with it and sign it.

Keep in mind that some employees of the organization have the right to take vacation at any time suitable for them. These include:

• teenagers under 18 years of age;
• part-time workers; they rest at the same time at their main and additional places of work;
• employees planning to go on maternity leave;
• husbands whose wives are on maternity or child care leave;
• employees with two or more children of a certain age (under 12 years);
• honorary donors;
• military spouses vacationing at the same time as their husbands;
• some categories of Chernobyl victims;
• employees who adopted a baby under three months of age;
• other categories in accordance with the provisions of Art. 322 Labor Code of the Russian Federation.

See also “What types of holidays are there?”

If an employee belonging to one of these categories decides to postpone the planned start date of the vacation, the vacation schedule is not changed at the initiative of the employee. In this case, it is enough to enter the relevant data into the existing document:

• in column 8 - reflect information about the employee’s application with a request to postpone the rest period;
• in column 9 - indicate the new date of the proposed vacation;
• in column 10 - write down the category of employee who has the right to use vacation at any time.

It will not be possible to find an approved example of changing the vacation schedule in regulatory documents. Therefore, for your convenience, below is an approximate form of the adjusted schedule, which is informative and convenient for work.

In what cases are changes made to the vacation schedule?

The vacation schedule is approved 2 weeks before the new year. Of course, it is impossible to calculate all situations, and as events develop, changes must be made to the document.

Changes can be made either at the request of the employee or at the initiative of the employer..

In most cases, vacation is postponed at the initiative of the employee. Sometimes situations arise when it is necessary to shift the vacation dates, for example, due to the employee’s illness or in the case when vacation is needed not in 2 weeks, but in a month. Many situations arise and the employer considers each one separately and makes a decision. Usually it is in favor of the employee.

Changes initiated by the employer are made much less frequently; this occurs in the following situations:

• Urgent task, very busy at the moment. The employer may urge you to postpone your vacation to a later date.
• Unscheduled inspections by regulatory authorities
• If the manager is ill or is on an urgent business trip, his deputy will have to postpone his vacation

In any case, all changes are discussed between the employee and the employer and only after that a final decision is made. Changes are approved in an order signed by the manager. All approved changes must also be reflected in the employee’s personnel documents.

Employee recall from vacation

The option to recall an employee from vacation is displayed in a similar way. True, a reservation should be made:

• This is possible only with the consent of the employee being recalled. And it doesn’t matter. what happened - did the check come or did all the other personnel from the required department fall ill at once (Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004);
• It is strictly forbidden to recall pregnant women, minors and workers in hazardous production.

The picture shows an example of the changes made in the event of an early recall of an employee from vacation:

Read here what list of documents is required to reschedule your vacation.

On the right to transfer vacation to the next year

It is quite possible that when drawing up a vacation schedule for 2021, some employee will send you an application asking not to grant him vacation next year, but to postpone it to 2022. This request must be answered with a refusal. This is what Rostrud experts advise to do.

They refer to the fact that paid annual leave must be provided every year. And if the transfer is allowed, it is only in exceptional situations (Article 124 of the Labor Code of the Russian Federation), which include, for example, production necessity and temporary disability of the employee.

How is the addition made?

If adjustments are not enough, but an addition is required, the following algorithm of actions is used:

1. The manager issues the appropriate order.
2. A new sheet of document is being prepared (according to form T-7 or according to a form previously developed and approved by the enterprise).
3. The manager approves the addition with his visa or a separate order.
4. The supplement sheet is brought to the attention of those employees whom it affects.
5. The changes take effect.

Anyone interested in the topic of vacation schedules will find it useful to read our articles on familiarizing themselves with employee documents and extracting from such an act.

SZV-TD

Resolution of the Board of the Pension Fund of December 25, 2019 No. 730p) establishes the following deadlines for filing SZV-TD in 2021:

• when hiring or dismissing - the next working day after the order is issued;
• for other personnel events (transfer, for example) or changes in the method of maintaining a work record book (for those who previously left a paper version) - the 15th day of the next month.

If the number of employees is 25 or more, the SZV-TD must be submitted electronically. If less, you can submit a paper form.

Please note that from January 1, 2021, administrative liability was introduced for failure to submit the SZV-TD form within the prescribed period and for providing information incompletely or in a distorted form (Clause 8 of Article 1 of Federal Law No. 90-FZ dated 01.04.2020). The fine for officials of the organization ranges from 300 to 500 rubles. This fine can also be applied to the head of the organization (Articles 2.4 and 15.33.2 of the Administrative Code).

From January 1, 2021, do not forget to submit the SZV-TD on the next business day after the issuance of the order on hiring or dismissal.

Reasons

To change the vacation schedule, the following documents are required:

1. Statement from an employee. It is drawn up in the name of the manager in any form.
2. Leader's order. It also does not have a set form, but must contain the employee’s personal data and information about what changes must be made.

Important! The order must be drawn up at least 14 days before the employee needs to go on vacation according to the new schedule.

Introduction

In this section you will learn the exact definition of the vacation schedule: rules for registration and making changes to it. So, the vacation schedule is a schedule of planned vacations for all employees , compiled in such a way that it does not turn out that the office is empty because everyone has left for their dachas.

The vacation schedule is drawn up by the personnel department or a manager and approved by the general director of the company once a year, usually before January 1 of the following year.

Maintaining it is mandatory (Federal Law No. 402-FZ) - failure to comply with this rule may result in liability for violations of labor laws and a fine.

This document is unshakable for all employees of the company. To notify the employee of the upcoming vacation, a sheet of familiarization with the schedule is drawn up.

In special cases, changes are made to it, simultaneously with the issuance of a special order from management, which must be agreed upon with the trade union.

Such cases include situations:

• the employee postpones his vacation;
• unscheduled holidays;
• recalling someone from vacation;
• the vacation was divided into several parts;
• acceptance of new personnel.

REFERENCE: The schedule is drawn up a maximum of two weeks before the start of the new year with the participation of the company’s management. The director can take into account the preferences of employees, but is not obliged - especially if this would interfere with business or production.

The employee himself can postpone the vacation (in agreement with the director), or the boss can initiate the transfer. In the latter case, he must ask the employee about this in writing, indicating the reasons (it is clear that they must be more than serious) why his presence at production is extremely important at this particular time.