Study leave
Workers studying on the job have the right to be released from work duties during entrance exams and the next session. To confirm the timing of training events, they are sent a summons certificate from the educational institution. It must be provided along with a written application. In the future, it will be indicated as a basis in the order.
Employee recall from vacation
It happens that due to urgent production needs, company management urgently needs to recall an employee from vacation. It is quite possible to do this legally, but this will require the written consent of the person being revoked.
At the same time, the unused part of the vacation will have to be provided to this person in the future at any time convenient for him personally or, with the agreement of the parties, added to the vacation of the next year.
Results
The standard workflow for vacations is as follows:
- at the end of the year - a schedule to schedule rest time;
- two weeks before vacation - notification to fulfill the schedule;
- three days in advance - an order and a note to pay vacation pay;
- during the vacation and before its end - a report card and a personal card to record the fact of using the vacation.
But there may be deviations from it.
Sources:
- Labor Code of the Russian Federation
- Code of Administrative Offenses
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Is it possible to make it backdated?
When might an employer need to issue a retroactive leave order?
This is possible in the case when the start date is determined by the schedule, and for some reason the employee did not go to rest on that day.
In this case, the employer, upon detection of this circumstance, issues an order retroactively in order to comply with the requirements of the Labor Code of the Russian Federation. However, this is not correct.
You cannot apply for another leave retroactively.
If the employee did not manage to leave on time specified in the schedule, then the vacation period should be transferred to another date.
To do this, the employee needs to write a statement and the employer needs to issue a transfer order.
Vacation dates will be changed in the schedule to others, and the employee can be sent on vacation in accordance with the schedule. In this case, there will be no need to prepare documents retroactively.
Sample Leave Regulations
As is clear, the Vacation Regulations are a rather complex document in which many points need to be taken into account. It is especially important to reflect those cases that are not clearly stated in labor legislation or variations are possible .
Our specialists have developed a sample Leave Regulations. You can download it for free and supplement it with the necessary rules that apply specifically to your organization.
EXAMPLE OF LEAVE PROVISIONS
The regulations are usually approved by order. It indicates the start date of application of the Regulations. is not necessary to do this . You can indicate in the upper right corner of the Application:
- approved;
- date of;
- job title;
- signature;
- decoding full name leader.
This will also have legal force.
Time sheet
The document is intended to record the number of hours worked for each day. Therefore, it may seem that if a person did not work but rested, there is no need to fill out a time sheet for him. However, this is not true. If an employment contract has been concluded with an employee, the specialist responsible for maintaining the timesheet must make notes every day, regardless of whether the employee was at the workplace or resting at home. To keep records, forms T-12 and T-13 are used. During vacation, letters or numbers are placed in them, differing in the reason why the employee was given the opportunity to leave work. An enterprise has the right to develop its own presence and absence codes and approve them with local regulatory documents.
What should be reflected in the position
Legal entities and individual entrepreneurs have the right to adopt local regulations containing labor law standards. This possibility is enshrined in Article 8 of the Labor Code of the Russian Federation. However, the employer does not have the right to introduce rules that infringe on the rights of employees and run counter to the Labor Code. If such a document does exist at the enterprise, then its rules cannot be applied in practice, and employees must ensure that the employer complies with labor laws.
Typically, the provision specifies those aspects that are at the discretion of the employer. Among them:
- some conditions for granting additional leave;
- issues of providing rest without pay, as well as its maximum duration;
- a list of documents required to provide vacation at your own expense;
- issues of additional payments in connection with vacation.
This list is incomplete; it may include other controversial issues that arise in the course of the company’s work. Quite often, the inclusion of certain points in this document is of a precedent nature. A fragment of the position template can be found below, and you can download the full version at the end of the article.
Documentation rules
All official documents intended for organizing and registering vacations have rules for drafting, regardless of the presence or absence of a specific form. Documentation of vacation contains three main points.
Vacation schedule
Registration of vacation schedules is mandatory for every organization - both for individual entrepreneurs and for legal entities. The document can be drawn up in the T-7 form, but since 2013 this has become an optional condition, so the management of the organization can develop its own schedule form. A document is drawn up taking into account additional days of rest for certain categories of citizens, the wishes of employees and the peculiarities of production.
In case of non-use of any number of vacation days for a certain period, with the consent of the employee, they are transferred to the next year and are also recorded in the schedule.
A correctly drafted document should contain the following information:
- Full names of employees;
- personnel numbers;
- names of departments in which employees work;
- employee positions;
- the number of days allotted for vacation;
- vacation dates.
In case of any changes, the schedule may be amended with reasons.
Documentation for the previous period must be stored for a year.
For employees with whom the employment contract is concluded for no more than six months, the issue of including them in the vacation schedule is decided on an individual basis.
Notification
This document does not have a clear structure, but must contain the following items:
- Name of the organization;
- Full name and position of the employee;
- date of dispatch and receipt;
- vacation dates;
- Full name of the head;
- signatures of the employee and supervisor.
Note-calculation
In addition to the order, the accountant needs a note for the vacationer. On its front side, the data specified in the order regarding the type of leave, duration, and period for which it is assigned is recorded. In the second part, the accountant determines the amount of vacation pay. To do this, they collect accrued wages for the billing period, which is considered to be the calendar year before the month of vacation. Salary is divided by days worked per year. This is the average daily earnings. To calculate the amount of vacation pay due to the employee, you need to multiply this average daily earnings by the number of vacation days indicated in the first part of the calculation note.
Vacation pay is the same income as salary for days worked. The rules for issuing them require mandatory withholding of personal income tax. Moreover, the accountant must transfer it to the budget no later than the last day of the month in which vacation pay was paid. For example, if an employee goes on vacation from June 27, then when vacation pay is issued, tax will be immediately withheld from them. This is despite the fact that the bulk of the June salary will be paid early next month. In this case, it will not matter whether the cash was issued from the cash register or transferred to a bank account. The method of issuing vacation pay does not change anything. If an employee pays alimony, or there are other deductions under writs of execution, their amount is calculated and withheld when issuing vacation pay. This must be taken into account when planning your vacation expenses.
Step-by-step instructions for registration
Vacation registration occurs in a certain order. And in order to understand how to properly arrange leave for an employee , you should familiarize yourself with the information below.
Vacation scheduling
An employee who has worked for more than one year is entitled to compulsory leave. In order to avoid conflicts and violations of employee rights, vacation schedules are drawn up annually, which clearly define the dates for each employee’s vacation.
This document is compiled taking into account the wishes of employees, the specifics of the organization’s work and regulations. The schedule is provided to all employees for review and is confirmed with their signatures.
The duration of annual leave cannot be less than 28 calendar days, excluding holidays.
Notifying an employee about an upcoming vacation
The second step in registration is sending a notice to the employee who is going on vacation. The document specifies the duration of the employee’s leave and other mandatory information.
Drawing up an order for vacation registration
The final stage of sending an employee on leave is issuing an order to grant it. The document must be signed by the head and seal of the organization.
What other documents are used when applying for vacation?
The above algorithm for documenting vacations is used in general cases. But there may be specifics. For example, an employee may want to reschedule vacation and go on vacation outside of the schedule. In this case, he must write a statement about the transfer, and you, if you do not mind, issue an appropriate order.
Read more in the article “How to arrange the transfer of vacation at the request of an employee.”
The transfer of vacation is recorded in the vacation schedule (in the T-7 form these are columns 8 and 9), as well as in the personal card.
The transfer of vacation due to sick leave is processed in the same way. If the vacation is not transferred, but is extended for days of illness, this can be done on the basis of sick leave; it is not necessary to issue an order to extend the vacation.
An employee's recall from vacation is also formalized in a special manner. This procedure is described in detail in this publication.
ConsultantPlus experts told us what documents to fill out when granting leave with subsequent dismissal. Get trial access to the system and move on to the finished solution.
