A mandatory local act approved by the employer is an annual vacation schedule drawn up taking into account the wishes of employees. The vacation schedule for the next year is approved no later than two weeks before the start of the next year, that is, no later than December 17 (Article 123 of the Labor Code of the Russian Federation). Its absence, or approval at a later date, is a gross violation of the Labor Code of the Russian Federation.
On the date of approval of the vacation schedule, the personnel service employee may not have information on employees who have the right to go on vacation during a certain period. Naturally, changes are made to the process of work and familiarization of employees with schedules, upon application (written) by the employee and provision of supporting documents. The following types of paid leave are subject to inclusion in the schedule:
- annual (Article 114 of the Labor Code of the Russian Federation);
- additional for workers engaged in work with harmful and (or) dangerous working conditions, for the special nature of the work, for workers with irregular working hours (Articles 116, 117, 118, 119 of the Labor Code of the Russian Federation);
- unrealized in the previous period;
- when combining work activities (Article 286 of the Labor Code of the Russian Federation).
After approval of the schedule, adjustments may be made to it (due to the employee recalling or postponing vacation) or additional information (information about employees newly hired this year).
This year the date falls on a Saturday, so the schedule for 2018 must be completed before December 19 (Article 14 of the Labor Code of the Russian Federation).
What is a vacation schedule
The schedule is a schedule of annual paid vacations, arranged in accordance with the sequence. This ensures that the required number of employees are at work while the rest of them are on vacation.
You can easily find a vacation schedule with a sample for 2021 on the Internet. But downloading and printing, and then using it at your enterprise, is not enough. This document is drawn up at a certain frequency and frequency established by the Labor Code of the Russian Federation. The vacation schedule is a document that is controlled by the labor inspectorate and, occasionally, by tax authorities.
Results
A vacation schedule is an agreed upon and approved schedule of rest periods for the company’s employees, mandatory for both parties to the employment contract.
The vacation schedule—a sample form is available on our website—must be drawn up annually, and failure to do so will result in penalties.
Sources:
- Labor Code of the Russian Federation
- Federal Law of July 20, 2012 No. 125-FZ
- Federal Law of January 10, 2002 No. 2-FZ
- Federal Law of November 30, 2011 No. 342-FZ
- Federal Law of May 27, 1998 No. 76-FZ
- Order of Rosarkhiv dated December 20, 2019 No. 236
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Annual vacation schedule: registration rules and changes
When creating a vacation schedule, there are certain rules that must be followed. It is approved once a year. And there are certain restrictions on changing it. So, only time adjustments can be made there if there is a need and a documentary basis in the form of an order for the organization, signed directly by the manager. Thus, the order must be agreed upon with the administration of the enterprise and the trade union cell (if there is one).
The collective agreement or other normative act must stipulate the maximum number of people from one unit on vacation at the same time. This is done to avoid downtime and to ensure that the workflow does not suffer.
No later than December of each year, the enterprise draws up a vacation schedule for the next calendar period. In 2017, this document must be approved no later than December 17 - exactly two weeks before the upcoming 2021 year. This procedure is prescribed in the Labor Code.
Keep in mind: when hiring new employees, their rest periods are usually not included in the existing schedule, but they can be approved by agreement with the administration. Also see “First vacation after getting a job.”
Who, how and when draws up the schedule
The vacation schedule is one of the personnel documents, so responsibility for its preparation and timely approval lies with the HR specialists and the company administration.
Important! Practical situation from ConsultantPlus Do I need to approve the vacation schedule for newly created organizations in the first year of their work? This issue is not directly regulated by law. But if the creation of your organization occurs at the beginning of the year, then it is better to draw up a vacation schedule. Let us explain in more detail. For more information on this issue, see K+. Trial access to the system is free.
Until recently, all companies issued a vacation schedule using a single unified form T-7, the form of which can be downloaded for free on our website using the link below:
The 10 columns of form T-7 were filled in with the following information:
- Column 1 - name of the structural unit (office, chief mechanic department, labor protection department, financial department, etc.);
- column 2 - position according to the staffing table (director, secretary, mechanic, etc.);
- columns 3 and 4 - last name, first name, patronymic and personnel number of the employee;
- columns 5–9 - data on vacation (duration, start dates of vacation - planned and actual);
- Column 8 - the basis for changing the planned vacation dates;
- column 9 - date of proposed vacation;
- column 10 - note.
If your organization has external part-time workers, then the question may arise: should you include information about the vacation of an external part-time worker in the vacation schedule? ConsultantPlus experts gave detailed explanations on this matter. Get free trial access to the system and proceed to recommendations and possible risks.
Today, it is not necessary to use a unified form of a schedule, but the legislation does not contain a ban on the use of the usual format of this document. So the personnel service has a choice: fill out the T-7 form or develop a new document with a similar name and purpose.
The main thing is to approve the vacation schedule on time, that is, no later than two weeks before the start of the new calendar year (Article 123 of the Labor Code of the Russian Federation). That is, the schedule for 2021 should be approved no later than December 17, 2020.
After the manager approves the vacation schedule, this document must be familiarized to employees against receipt (Articles 22, 123 of the Labor Code of the Russian Federation). To do this, it is advisable to add another column to the schedule or create a statement where each employee will indicate the date of review and sign.
From 02/18/2020, the storage period for vacation schedules in the archive has been increased from one year to 3 years (Article 453 of the list, approved by order of the Federal Archives of December 20, 2019 No. 236).
IMPORTANT! Do not forget to notify the employee in writing (against receipt) about the start of the vacation no later than two weeks before it begins (clause 3 of Article 123 of the Labor Code of the Russian Federation).
Questionnaires
When drawing up a vacation schedule, a sample of which is presented below, company management must take into account the wishes of employees. In this case, the peculiarities of the labor process must be taken into account. To do this, you can create a questionnaire in which employees write when they want to go on vacation in 2021.
Even employees who are planning to quit, go on maternity leave, or go on maternity leave will have to plan annual vacations. If employees find it difficult to choose a vacation period, ask them to write down approximate dates. You cannot leave empty lines in the chart. Later, employees will be able to agree with management on the transfer of vacation days. Explain to employees which vacation days they need to schedule on the questionnaire. .
Why are they made up?
A schedule must be created at any enterprise, regardless of the number of employees. The Labor Code states that such a document is mandatory for workers and their managers, since it provides certain guarantees and forces them to comply with the law. Moreover, it reflects the order of vacations, which prevents further disagreements and disputes. In case of non-compliance with the Labor Code of the Russian Federation in this matter, labor inspectors have the right to impose a fine on the company management.
Typically, the schedule is drawn up by the company's management together with the human resources department.
Responsibility
The absence of a vacation schedule in small companies and individual entrepreneurs is a common practice, although this is not true. Very often management does not think about or simply does not know about the need to draw up this document. At the same time, the requirement for its formation follows from Article 123 of the Labor Code of the Russian Federation. Its absence threatens the employer with a fine under Article 5.27 of the Administrative Code , since inspectors may regard this as a violation of labor law.
For the first time, a company under this article may be fined in the amount of 30-50 thousand rubles . If the violation is detected again, the fine will be 50-70 thousand rubles.
The entrepreneur-employer, as well as the official who committed the violation, will be fined the following amounts:
- for a primary violation - by 1-5 thousand rubles ;
- if repeated - by 10-20 thousand rubles .
Rights of certain categories of citizens
For most employees, the annual main leave lasts 28 calendar days (Article 115 of the Labor Code of the Russian Federation). But some employees, such as disabled people and minors, should be given more days. Thus, the vacation of a minor employee is 31 calendar days (Article 267 of the Labor Code of the Russian Federation), and for a disabled employee - 30 calendar days per year (Article 23 of the Federal Law of November 24, 1995 No. 181-FZ).
Warn employees that they may split their vacation into chunks. But at least one part of the vacation must be at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation).
When figuring out how to draw up a vacation schedule, you should know the features of the law that protects the rights of certain categories of citizens who can receive vacation at any time convenient for them. These include, in particular:
- women with two or more children under 12 years of age. This category of workers has the right to demand leave in the summer;
- spouses whose wives are on maternity leave;
- part-time workers (along with rest for the main job);
- employees under 18 years of age;
- wives or husbands of military personnel have the right to go on paid leave with their spouse, etc.
Also see “What types of vacations are there?”
Annual vacation schedule: Labor Code of the Russian Federation and rules for drawing up
The schedule is a local act in which information about vacations of employees of structural divisions is entered. Moreover, any department has its own schedule regarding its employees. This scheme is considered optimal for any enterprise: management draws up schedules taking into account the department’s needs for a certain number of employees.
Schedule adjustments are usually handled by the HR department. In addition, he is obliged to take into account the interests of preferential categories of employees. Then an order is issued on the vacation schedule, a sample of which must be presented to the heads of departments.
After the correction has been made, HR officers send the corrected schedules for discussion to the staff whose wishes regarding leave were not initially respected and therefore the deadlines were moved up. Department managers are also reviewing the revision as there may be situations where specific employees may need to be present at certain times of the year.
When rescheduling and adjusting leave for one employee, the schedules of several other people are often shifted. Therefore, the agreement of everyone affected by the changes is necessary.
Taking all this into account, when drawing up a vacation schedule for the next year, it is necessary to foresee the possibility of correction in advance and allocate enough time to this issue in order to have time to approve the schedule on time.
After correction and approval of the new schedule, it is sent again to the personnel department, where a consolidated schedule is drawn up for the entire organization. This work is carried out after the order to draw up a vacation schedule is signed. See “We are issuing an order to draw up a vacation schedule for 2021.”
Features of small firms
Small organizations practice a preliminary survey of employees, where they can express their wishes regarding the time of year of their vacation. But in order to avoid major disagreements, labor inspectors recommend not to be content with a verbal survey, but to document it with the signature of each employee. This will confirm that he does not object to the proposed vacation time. A preliminary form of the vacation schedule for 2021 is available on the Internet, but such a completed document is in any case subject to further agreement with the manager. Below we will also provide an example of a completed schedule for the coming year.
Questions and answers
- Is it necessary to take into account the opinions of employees when creating a vacation schedule?
Answer: If an employee does not belong to the category of special employees specified in the section “Employees who have priority in choosing a vacation period,” the employer has the right not to take his opinion into account when drawing up the vacation schedule.
- Is it necessary to inform employees about the vacation schedule?
Answer: The employer is strongly recommended to familiarize employees with the vacation schedule, although this point is not clearly described by the legislation of the Russian Federation. But in order to avoid controversial situations, it is still necessary to familiarize employees with their signature.
- Are we required to include part-time workers in the vacation schedule?
Answer: The vacation schedule provides for the provision of annual paid leave to absolutely all employees, and therefore it is necessary to include both main employees and part-time workers in the vacation schedule.
Important points and legal requirements
When creating a schedule, only the wishes of employees are not enough. The legislation of the Russian Federation requires the following points to be taken into account.
Work experience
Any company employee who has worked for at least six months has the right to take paid leave. For example, if an employee took unpaid leave for more than 7 days during the period for which regular leave was granted, this time is not included in the length of service that provides the right to use paid leave. In other words, the start of the vacation is being postponed. Even in that situation if it is already planned and included in the schedule. Then the vacation schedule, a sample of which is given below in 2021, is subject to correction. This is due to the employee’s lack of sufficient experience. This situation of changing the schedule has a legal basis. Also see “Procedure for granting annual paid leave”.
Certain categories of employees
They have the right to go on paid leave regardless of their length of service. This category includes employees under 18 years of age, women before or after maternity leave, and adoptive parents of children under 3 months old. When drawing up a schedule, it is easy to take into account minors and pregnant women hired. All other cases require the need to coordinate the situation with the administration when an employee whose work experience has not reached six months wants to go on vacation. The Labor Code will tell you how to correctly draw up a vacation schedule. It states that paid leave is not given to employees as an advance, that is, until the end of 6 months of work at the enterprise.
Additional annual leave
They are available to certain categories of citizens whose work is associated with hazardous production or hazardous working conditions. Such types of vacation must also be included in the vacation schedule, the form of which is given in this article. The length of service that allows you to use such leave includes the actual period worked, so the possibility of receiving such leave in advance is impossible
Two holidays
Those who were hired at the end of the calendar year have the opportunity to receive two vacations. For example, if an employee is registered for work in November, then he has the right to go on vacation in June, but before the end of the year take another vacation for the next year. This possibility must be provided for by drawing up a vacation schedule on a form that can be downloaded on the Internet.
Sequence of vacations
It is established according not only to the wishes of the employees, but, first of all, taking into account the interests of workers who have the right to priority leave at any time of the year. When preparing an order to approve the vacation schedule for 2021, it is necessary to draw up a list of such employees in order to initially take into account their requirements
Part-time employees
They have the right to request leave during the time that is approved at another job. To do this, they must provide a supporting document.
Employees who did not use vacation in the previous year
They have the right to choose any convenient period for their vacation, and their wishes are reflected in the schedule first of all
Workers entering universities and their parents
When entering a university (college school) or being the parent of a 9th or 11th grade student, employees can choose their vacation time at their own discretion. This especially applies to residents of the Far North if their children are planning to go to study in other regions. To accompany a child, a parent can take full or partial leave during exams.
Duration of vacation
A standard vacation in our country lasts 28 days. It may be increased if there are additional holidays. In addition, there are certain professions whose employees are entitled to longer leave. This includes teachers, social workers, state and municipal employees, judges, prosecutors, police officers, customs officials, rescue services, etc.
When should annual paid leave be extended or postponed in 2018?
Sometimes paid annual leave needs to be extended or rescheduled. This rule applies to situations where an employee during an annual vacation (Article 124 of the Labor Code of the Russian Federation):
- fell ill or was injured. In this case, benefits for days of temporary disability are paid to the employee in the general manner;
- performed government duties for which the law provides for release from work. For example, I was a juror in court.
If an employee reports illness or performance of government duties during a vacation, the vacation can be automatically extended for the appropriate number of days. In this case, there is no need to issue a separate order (clause 18 of the Rules, approved by the resolution of the People's Commissariat of the USSR of April 30, 1930 No. 169).
Ivan Shklovets answers:
Deputy Head of the Federal Service for Labor and Employment
“Give the employee additional leave along with the main one. When calculating the total duration of annual leave, add up the main and additional leave (clause 14 of the Rules, approved by the NKT of the USSR on April 30, 1930 No. 169, Article 423, Part 2 of Article 120 of the Labor Code). In the length of service that gives you the right to additional leave for working in hazardous conditions, include only the time actually worked in such conditions (Part 3 of Article 121 of the Labor Code).”
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It is necessary to transfer days if the employee was not paid vacation pay on time or was not notified in a timely manner about the start date of the vacation. Annual leave, with the consent of the employee, can be transferred to the next working year if absence from work negatively affects the activities of the organization.
Payment of vacation according to the Labor Code of the Russian Federation in 2021 with comments
The employer calculates vacation pay based on earnings for the 12 calendar months preceding the month the vacation begins. In this case, a calendar month is the period from the first to the last day of the month inclusive (clause 4 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).
If an employee works in an organization for less than 12 months, then the calculation period for him will be the period from the date of his hiring to the last calendar day of the month that precedes the month the vacation begins (Article 139 of the Labor Code of the Russian Federation).
When calculating your earnings, include all payments provided for by the company’s remuneration system. The source of payment does not matter. Officials provided a complete list of income in the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922.
When will vacation pay be paid under the Labor Code of the Russian Federation in 2021?
The employer is obliged to pay vacation pay to the employee no later than 3 days before the start of the vacation. The Labor Code of the Russian Federation does not directly indicate which days we are talking about - calendar or working days. But according to the explanations of Rostrud, this period must be counted in calendar days (letter of Rostrud dated July 30, 2014 No. 1693-6-1).
How to apply for annual paid leave in 2018
An employee has the right to go on vacation unscheduled. In this case, 2 weeks before the start of the vacation or earlier, he must write a statement. There is no approved form, so it can be compiled in free form.
Sample employee application for leave
How to apply for additional leave in 2021
Employees usually go on annual paid leave according to schedule. In this case, you do not need to write a statement. But if for some reason an employee, with the consent of the employer, goes on vacation outside of the schedule, then it is impossible to do without a corresponding application.
Sample application for additional leave
How to draw up an application to add an additional day of rest to annual leave in 2021
If an employee wants to add additional leave to his annual paid leave, he must write a corresponding application. For example, after donating blood.
Sample application for adding additional days to the main vacation
Responsibility for failure to provide leave in 2021
Inspectors can fine an employer for failure to comply with the rules for providing annual paid leave in accordance with Part 4 of Article 124 of the Labor Code. For such a violation, the labor inspectorate will issue a fine for:
- the head of the company - from 1000 to 5000 rubles, and for repeated violation from 10,000 to 20,000 rubles. or for a period of one to three years;
- entrepreneurs - from 1,000 to 5,000 rubles, and for repeated violations from 10,000 to 20,000 rubles;
- organization - from 30,000 to 50,000 rubles, and for repeated violation from 50,000 to 70,000 rubles.
Vacation schedule: sample 2018
At the moment, the recommended form T-7 is in force, approved by a decree of the State Statistics Committee of Russia back in 2004.
Often, HR officers believe that it is enough to draw up vacation schedules in any form. But this is incorrect, because this document is classified as accounting documentation. Therefore, the unified form T-7 “Vacation Schedule” is more appropriate for enterprises. It should be drawn up strictly, observing the law.
A correctly completed form is also important for the financial component of the enterprise, since vacation pay payments will be made on the basis of this document.
Inconveniences come when you need to break your vacation into parts. The accepted sample for filling out a vacation schedule in Form T-7 does not provide for such actions, and each employer solves this problem individually. For example, he can use additional lines or add a special column for the employee’s signature.
Below is a sample of filling out the vacation schedule for 2018, which you can use.
You can also .
Other errors.
And of course, check the chart for other errors. For example, you can come across cases when the month is indicated in the schedule instead of the start dates of vacations. It seems that this is not a mistake, but it may entail a violation on the part of the employer (employer), because the date of going on vacation cannot be determined unilaterally.
Besides:
- vacations of incorrect duration are provided;
- vacation is incorrectly divided into parts, for example, when three parts are allocated and each of them is less than 14 days.
Schedule approval
The completed vacation schedule for 2021 must be signed by the head of the human resources department. And in her absence - another authorized employee, for example, the chief accountant. After which the completed document is finally approved by the head of the organization. From this moment on, the document is mandatory for both the employer and his employees. Therefore, they need to be familiarized with the vacation schedule.
Advice
Familiarize employees with the vacation schedule for 2021 against signature. This way you will protect yourself from the fact that an employee refuses to go on vacation within the period established for him. You can:
- ask the employee to sign opposite the date of his intended vacation in the schedule form itself in the “Note” field;
- attach an introductory sheet to the vacation schedule, in which each employee will indicate the date of familiarization with the document and sign.
Many people are interested in the question: is it necessary to make a separate sample order for approval of the vacation schedule?
Answer: no, not necessarily, since in the header of the “I approve” section the manager leaves a signature, which serves as an order. Following from this, there is no urgent need for an additional order. Also see “Order on approval of the vacation schedule in the T-7 form.”
You need to keep the vacation schedule for a year (clause 693 of the List, approved by Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558).
and a sample of filling out the T-7 form
Vacation schedule for 2021 Excel free download form.
Vacation schedule for 2021 form free download Word.
Download a sample vacation schedule in Pdf format.
Attention! After drawing up the schedule, it is necessary to familiarize all employees with it. To do this, you can use a familiarization sheet.
Alteration
An employer cannot predict all possible personnel movements a year in advance. For example, dismissal of employees, postponement of vacation or recall from it. Therefore, making various changes to the vacation schedule is inevitable.
To reflect changes, columns 7-10 of the unified vacation schedule form (form T-7) are used:
- Column 7 reflects the actual date the employee went on vacation;
- Column 8 indicates the document on the basis of which the planned start date of the vacation was postponed. Such a document, for example, can be an employee’s application with a request to postpone vacation, endorsed by the manager (Article 124 of the Labor Code of the Russian Federation);
- in column 9 you need to indicate the expected date of vacation. For example, if an employee decides to postpone his vacation to the period when his wife is on maternity leave;
- Column 10 reflects various notes.
By the way, it makes sense to supplement the vacation schedule for 2021 with the column “I have read the changes,” in which employees will sign after making adjustments to this document.
Mistake No. 2: not all vacations are indicated.
Check to see if the approved vacation schedule includes additional paid or unused employee vacations.
Let us recall that the vacation schedule contains information about annual paid leave, which, in turn, consists of basic paid and additional paid leave. The largest number of questions is related to annual additional leave for hazardous working conditions. In accordance with Art. 117 of the Labor Code of the Russian Federation, it is provided based on the results of a special assessment of working conditions carried out in accordance with Law No. 426-FZ[4]. The minimum duration of such leave is seven calendar days.
However, by virtue of Part 4 of Art. 3 of Law No. 426-FZ, the conduct of a special assessment in relation to the working conditions of state civil servants is regulated by federal laws and other regulatory legal acts of the Russian Federation on the state civil service. Such a regulatory act, in particular, is Law No. 79-FZ, but at present the procedure for conducting a special assessment of working conditions in relation to the jobs of state civil servants is not regulated in this law. But, as noted in Letter of the Ministry of Labor of the Russian Federation dated June 23, 2017 No. 15-1/OOG-1744, in relation to civil servants, a special assessment of working conditions can be carried out in the general manner established by Law No. 426-FZ. In relation to the jobs of military personnel undergoing military service, a special assessment of working conditions is not carried out, since, according to Art. 11 of the Labor Code of the Russian Federation, labor legislation does not apply to military personnel during the performance of their military service duties, unless, in accordance with the procedure established by the Labor Code of the Russian Federation, they simultaneously act as employers or their representatives.
This means that if there are grounds for such leave, it must be taken into account that it is provided only for the time actually worked in the appropriate conditions, and it is impossible to determine the exact duration of such leave by the time the schedule is approved.
However, it must be reflected in the schedule. If the institution uses the schedule form T-7[5], for this purpose, in column 6 of this form only the start date of the vacation is reflected, and the end date will be determined only by the day the order for granting the vacation is drawn up. In column 5 of the vacation schedule, it is necessary to reflect the number of calendar days of vacation - it is determined by adding the number of days of main paid and additional paid vacation. For example, an employee is entitled to 30 calendar days of basic paid leave and 7 additional calendar days, which means that in column 5 you need to write “37”.
For your information:
Based on Art. 122, 124 of the Labor Code of the Russian Federation, annual paid leave must be provided to the employee annually. In exceptional cases, when the provision of leave in the current working year may adversely affect the normal course of work of the organization, it is allowed, with the consent of the employee, to transfer the leave to the next working year. Then the leave must be used within 12 months after the end of the working year for which it is granted. Note that a similar provision is found in Part 9.2 of Art. 46 of Law No. 79-FZ. Clause 15.13 of Instruction No. 76 allows the use of transferred vacation (part of it) in the first quarter of the next calendar year (including possible addition to the vacation for the next year).
Unused vacations must also be indicated in the schedule. An employee may have unused vacations for a number of reasons: due to postponement of vacation at the initiative of the employer, recall from vacation, etc. (Articles 122, 124 of the Labor Code of the Russian Federation, Part 9.2 of Article 46 of Law No. 79-FZ). Then the new dates of the expected vacation and the grounds for transferring the employee’s rest are indicated in columns 8, 9. By reflecting such vacations, it is easier for the employer (employer) to control their use, since failure to provide annual paid leave for two years in a row is prohibited.
Making additions
It happens that after the vacation schedule for the next year has been approved, new employees are hired. In such a situation, the Labor Code does not oblige the employer to make any additions to the already approved vacation schedule. Those. Newly hired employees may be granted leave only on the basis of their application. However, no one forbids supplementing the approved vacation schedule with information about vacations for new employees. This can be done by approving an additional vacation schedule containing information about the planned start date of vacation for new employees only.
Error No. 3: the opinion of the trade union body was not taken into account when drafting.
The schedule is signed by the head of the HR department and approved by the head of the organization. In addition, if vacations are provided in accordance with the Labor Code of the Russian Federation, its Art. 123 requires that the schedule be approved taking into account the opinion of the elected body of the primary trade union organization. This means that if there is a trade union in the institution, the employer must send the draft schedule there. Let us note that a similar rule exists in clauses 3.2.2 – 3.2.5 of Instruction No. 79 in relation to persons working in the Investigative Committee.
The procedure for taking into account the opinion of the trade union is determined by Art. 372 Labor Code of the Russian Federation. In particular, a draft schedule is sent to the elected body of the primary trade union organization. This body, no later than five working days from the date of receipt of the draft schedule, sends the employer a reasoned opinion on it in writing.
If the trade union does not agree with the order of granting vacations established by the schedule, or proposes to adjust the document, the employer may agree with this. Or, within three days after receiving a reasoned opinion, conduct additional consultations with the elected body of the primary trade union organization of workers in order to achieve a mutually acceptable solution.
If it was not possible to reach an agreement, the employer can approve the schedule by drawing up a protocol of disagreements. The elected body of the primary trade union organization, in turn, can appeal the schedule to the relevant state labor inspectorate (GIT) or court. In addition, the trade union has the right to initiate a collective labor dispute procedure.
The State Labor Inspectorate is obliged to conduct an inspection within a month from the date of receipt of the complaint (application) of the trade union organization. If a violation is detected, the employer is issued a mandatory order to cancel the approved vacation schedule.
So, check: if there is a trade union, the vacation schedule should include a note indicating that the opinion was taken into account - the date and number of the corresponding document (protocol).
