Drawing up an order to approve the vacation schedule is a necessary part of the procedure for drawing up the order of priority for vacations of employees of enterprises and organizations. Typically, such schedules are created in large companies where a large number of personnel work and production processes do not tolerate any delays, so the departure of each employee on vacation and the selection of his replacement are thought out in advance.
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What is an order to approve the vacation schedule?
This document puts into effect the vacation schedule approved by the company management. It establishes the procedure for the entry into force of the approved schedule, as well as other nuances of its application.
An order approving the vacation schedule is issued by the head of the company after agreeing with the employees on specific dates for providing them with annual rest. The document does not have a unified form. The order must be drawn up and approved no later than two weeks before the start of the new reporting year. The order is drawn up in a single copy, and after approval by the director of the organization, it is submitted to the personnel service.
Vacation schedule for the year: details of registration
Art. 123 of the Labor Code of the Russian Federation obliges the employer to approve the compiled vacation schedule for employees before the start of the next calendar year. Features of this document include:
- the need for its approval annually no later than 2 weeks before the start of the next year;
- mandatory agreement with the trade union body (if any);
- the indispensability of familiarizing each employee with it;
- it is binding for both the employee and the employer;
- creation taking into account the fact that a number of employees have a preferential right to choose the period of going on vacation.
Since a ready-made schedule is subject to approval, work on its creation begins in advance and can be initiated by an appropriate order from the manager.
When drawing up a schedule, it reflects the following types of paid leave:
- annual;
- additional;
- unused in the previous year;
- executed by a part-time worker.
The schedule that has come into force may be subsequently adjusted (for example, in connection with the postponement of vacation or recall from it) and supplemented (by data on newly hired employees).
For information on what needs to be done to recall an employee from vacation, read the material “Filling out a recall from an employee’s vacation - a sample order .
The absence of an approved vacation schedule may lead to the employer being punished in the form of a fine (Clause 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):
- from 1000 to 5000 rub. for individual entrepreneurs and officials;
- from 30,000 to 50,000 rub. for legal entities.
Is it mandatory to draw up an order or can you do without it?
An order approving the vacation schedule, a sample of which can be found below, is not a mandatory document. Some companies do not compile it at all, and this is not a violation. However, most organizations continue to use this document. Let's look at some nuances that will help you understand when an order must be drawn up and when you can do without it
If an organization draws up a vacation schedule according to standard form No. T-7, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1, there is no need to draw up an order. Form No. T-7 already contains the column “APPROVED”, in which the manager must put his signature. In this case, there is no need to issue a separate order; it will be advisable only if there is a need to reflect in the document additional information related to the vacation schedule.
But if an organization uses a vacation schedule form developed independently, and there is no approval column in it, it is necessary to draw up an appropriate order.
Results
Approval of the vacation schedule for the next year is a mandatory procedure for every employer. And the order for its approval is drawn up in free form and only if this is established by the employer’s document management system.
Sources:
- Labor Code of the Russian Federation
- Code of Administrative Offenses of the Russian Federation
- Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1
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What precedes the preparation of an order?
Before drawing up an order, the vacation schedule of company personnel should be approved. The procedure consists of several stages:
- the personnel service sent a memo to all heads of departments, which indicates the requirement to provide information about the recommended vacation period for employees;
- drawing up a draft schedule based on a regulation or local act regulating the procedure for approving documents and the procedure for office work;
- coordination of the schedule with the trade union (if there is one in the organization);
- obtaining approval from the chief accountant, lawyer, deputy managers, etc.;
- approval of the order by the head of the company;
- registration of the document in the personnel register;
- familiarization with the schedule of all employees against signature.
Do I need to approve the schedule?
After the employees’ rest is planned taking into account production needs and wishes, the document is agreed upon with management, and all personnel are familiarized with its contents. At this stage, doubts arise: is it necessary to approve the vacation schedule by order, or is the CEO’s signature on the document itself with the employee vacation schedule sufficient?
ConsultantPlus experts discussed how to draw up and approve a vacation schedule for 2021. Use these instructions for free.
To answer this question, let's look at the unified schedule template (form T-7), introduced by Goskomstat in 2004. Now it is advisory in nature, i.e., optional, and organizations are allowed to develop the form of the document independently. Nevertheless, many personnel workers prefer, if not to use the template proposed by officials, then to take it as a basis.
The document contains all the details that are necessary for it to come into force. Consequently, the manager has the right not to issue an additional order for the enterprise on the formation of vacation schedules in order to put the developed schedule into effect. Moreover, there is no mention in the law that such an order is necessary.
It turns out that if the order on the vacation schedule at a preschool educational institution, school or factory is not approved, there is no violation and the inspectors will not fine you for this. A violation is a situation when there is no plan itself, it was released late, or employees did not sign that they are familiar with it (the fine for this reaches 50,000 rubles for companies and up to 5,000 rubles for individual entrepreneurs and officials). But the absence of an order for its approval cannot be considered non-compliance with legal requirements.
They will not be punished for the fact that the company issues an order every year. The need for its preparation is stipulated in the company's LNA, specifying the goals, the composition of the information included in it, and the form. Some experts say that such a document is needed not so much for putting the schedule into effect, but for appointing persons responsible for its implementation and distributing related responsibilities. For example, for the timely reservation of funds for salary payments, preparation of necessary papers, provision of compensation or guarantees provided for by the LNA company. Another advantage is that the presence of an order confirms agreement with management and approval of the plan itself. This is especially important when the organization does not use the unified T-7 form, and when developing its own form it could have missed something.
How to create an order?
An order on the vacation schedule, a sample of which can be taken as a basis, must be drawn up on behalf of the head of the organization. The preparation of such documents should be entrusted to an employee who has the necessary level of knowledge and is familiar with the provisions of the Labor Code of the Russian Federation. This could be the head of the personnel department, secretary, lawyer, etc.
Since the order does not have a form strictly established by law, it can be drawn up in free form. Most often, it is formed on the basis of a familiar standard form or an internal order template developed in the organization. The document must contain:
- name of the legal entity;
- date of compilation and number;
- the essence of the order;
- manager's signature;
- confirmation of familiarization with the order of the persons mentioned as executors of the order.
The compiled vacation schedule can be included in the order as an appendix. There is no need to certify the document with a seal.
Sample order for vacation schedule for 2021
Since the order approving the vacation schedule for the next year is not a mandatory document, there is no approved form for it, and therefore it can be drawn up in any form. It would be wise to include the usual order details, namely:
- indication of the originating employer;
- number and date;
- the essence of the order;
- manager's signature;
- signatures of the persons listed in the document as executors of the order.
A sample version of the order for approval of the vacation schedule can be seen on our website.
Document preparation
- First, you should fill out the “header” of the order. At the top of the document indicate the full name of the legal entity, number and date of preparation.
- Next, the essence of the order is written down.
- The document must contain a reference to the basis. In this case, “Article 123 of the Labor Code of the Russian Federation” is indicated.
After the word “I ORDER,” the essence of the orders is listed point by point:
- in paragraph 1, the very fact of approval of the schedule for a specific year is indicated;
- in paragraph 2, the position and full name of the person responsible for familiarizing the working personnel with the approved schedule is indicated;
- in paragraph 3, the relevant instructions to the accounting department are listed.
Below is the application (the vacation schedule itself). The document is signed by the manager, and the responsible persons confirm with their signatures that they have read the text of the order.
Creating a smart vacation schedule
If your company actively uses software, we recommend downloading a free vacation schedule for 2020 in Excel taking into account holidays - a “service” that itself calculates the start and end dates of the rest period if it falls on official non-working days. But if additional vacation dates are approved in your region, you will have to enter them into the program yourself so that they are also taken into account.
The program is easy to use. Enter information about all employees and planned vacation dates and their duration in the “Planner” tab. Information about the end dates of your vacation will automatically appear, and it is possible to fill out several periods at once. The service will independently determine the date when to notify the employee (highlighted in red).
In the “Create a schedule” tab, click the button and a unified form filled with data will appear.
Be sure to check out the “Upcoming Vacations” tab. The column (in red) lists all federal holidays. If additional non-working dates have been added in your region, please complete the column. The program will automatically take them into account when calculating the rest period.
And if you click on the “Next Vacations” button, a list of employees who will soon have to be sent on vacation will appear in the table. You can easily print it out and send it to department heads or keep it for yourself so you don’t forget about anything.
We design the “body”
In the main part, you need to give instructions to approve the schedule for the corresponding calendar year. It is not the employer's responsibility to familiarize employees with the document. But if management insists, special fields for review can be added to the unified T-7 form, where you can sign and date. If you nevertheless decide to familiarize everyone who works in the organization with this document, write about it in the second paragraph of the order. But then be sure to indicate who is responsible for this procedure. Most often this becomes an employee of the HR department or a secretary.
Nuances to consider
When developing a vacation schedule, there are several pitfalls that must be taken into account (otherwise you can greatly harm the production process of the enterprise).
The first thing you need to pay attention to when drawing up the priority for going on vacation is the preferential categories of employees who have the full right to rest at any time convenient for them. Therefore, before starting to draw up the document, it is recommended to interview all beneficiaries, clarifying their intentions. True, this will not protect the employer from unplanned vacations of such employees; they still have every right to manage their vacation time, but it partly systematizes the process. Legislative acts include the following categories of employees as beneficiaries:
- minors (Article 267 of the Labor Code of the Russian Federation);
- pregnant workers before they go on maternity leave, as well as immediately after it (Article 260 of the Labor Code of the Russian Federation);
- part-time workers - the employer must give them leave at the time when they go on vacation from their main place of work (Article 286 of the Labor Code of the Russian Federation);
- employees who adopted a baby under three months old (Article 122 of the Labor Code of the Russian Federation);
- husbands whose spouse is on maternity leave (Article 123 of the Labor Code of the Russian Federation);
- parents whose minor child enters a college or university located in another area. And leave is taken to accompany the applicant (Article 322 of the Labor Code of the Russian Federation);
- persons who became disabled while performing military duty, and veterans;
- wives of military personnel - this category is entitled to leave simultaneously with the leave of their husbands (Article 11 of Law No. 76-FZ);
- honorary donors of the Russian Federation (Article 23 of Law No. 125-FZ);
- Chernobyl victims and persons exposed to radiation during the liquidation of similar disasters.
The vacation order must take into account not only the days of the main paid vacations, but also additional paid vacations, as well as rest time unused in previous years. Accordingly, such vacation periods should be moved to the next year. It is logical that leave upon application, which provides for rest time without pay, is not indicated in the order.
Experienced HR officers always recommend familiarizing employees with the approved schedule and at the same time obtaining their signature confirming familiarization. Yes, the Labor Code of the Russian Federation does not regulate this step, but without indicating to the employee the time of his rest and without recording this moment, it is difficult to require employees to carry it out. Familiarization can be done in two standard ways:
- ask for the visa to be placed on the back of the approved schedule;
- create a separate register in which to record the procedures for familiarizing employees with the main internal documents of the company, where to enter the vacation schedule.
Familiarization of employees with the vacation schedule against receipt will help avoid violation of vacation deadlines
Necessity of the document
The vacation plan itself is strictly necessary, and its absence may entail punishment by the employer, expressed in the form of a fine, its amounts are indicated in the Code of Administrative Offenses of the Russian Federation:
- if we are talking about individual entrepreneurs and officials, then the fines assessed for the absence of a document range from 1,000 to 5,000 rubles;
- if we are talking about legal entities, then the amount of the fine for them is up to 50,000 rubles, depending on the individual characteristics of the violation of the law.
This schedule can be drawn up in accordance with a form that is developed by the enterprise independently. Usually, for these purposes, it is convenient and advisable to use a standard sample of the T-7 form, which has been approved by the State Statistics Committee of Russia.
This sample contains the entire necessary set of information, and its columns and lines allow you to fill out the paper in as much detail as possible.
The mandatory details of this form of documentation include the date of preparation, time of approval, as well as the signature of the management team.
Therefore, you will not need additional approval for this documentation. Therefore, we can say that a separate order document approving the schedule is not mandatory, but, nevertheless, it can be drawn up if this aspect is specified within the current document flow system.
The rationale for using this paper may be justified in that it displays supporting information that is directly related to the schedule.
As for the order, it can only be used as an auxiliary component and is not mandatory.
The employee will be laid off in January. Do I need to fill out a vacation schedule for him?
Explanations on this issue are given in Letter of the Ministry of Labor of the Russian Federation dated March 27, 2020 N 14-2/B-321.
In it, the department indicated that all employees who were in labor relations with the organization on the day the schedule was approved should be included in the vacation schedule. This requirement also applies to employees whose employment contracts will be terminated during the working year. Thus, it is impossible not to take into account in the vacation schedule an employee whose employment contract will expire in January.
How to apply correctly?
Since the order for approval of the vacation schedule is optional, it does not have a unified form of preparation. It is allowed to be developed in any form. It is important to stick to a standard structure. It consists of a header, title, body and conclusion. The header contains the details of the organization.
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The second paragraph identifies the person responsible for familiarizing the company’s employees with the order and collecting signatures as confirmation. The third paragraph provides the necessary instructions to the employees of the accounting department.
In conclusion, the date of preparation of the document and the personal signature of the head of the enterprise are indicated (a digital analogue is not suitable). Below are the names with initials and signatures of persons who have read the order.
The document must provide the following information:
- date and place (city) of compilation;
- order number (put according to the numbering system adopted by the company);
- reference to the provisions of the Labor Code of Russia (to article No. 123);
- full name of the enterprise;
- Title of the document;
- the year for which the vacation schedule is approved;
- surname and initials of those responsible for the execution of the order, control of persons;
- list of attached documents (vacation schedule; since this document is quite significant, it is usually not included in the text of the order itself, but only a link to it is given).
It is acceptable to write the order by hand. But today, such documents are usually compiled using printing technology. If there is a letterhead, then it is used: only empty lines are filled in.
When writing a document, it is recommended to follow these rules:
- do not make cuts;
- write correctly, without errors;
- It is not necessary to put a stamp on the order, since it is included in the internal document flow of the enterprise;
- write the title of the document in capital letters;
- The personal signature of the head of the organization must be present.
The vacation schedule is a mandatory document for every employer, regardless of the number of employees. For its absence or approval after the established deadline, serious fines are provided. Let's consider why this document is needed and how to draw it up.
When to write an order
The vacation schedule is drawn up in advance - no later than two weeks before the start of the year by which vacation time is distributed. At the same time, in the process of creating a schedule, both the wishes of employees and production needs should be taken into account.
The preliminary schedule must be submitted for approval to the trade union body (if there is one at the enterprise), then all employees of the organization must be familiarized with the order against signature (if this is not done, disputes and disagreements with employees may well arise, leading to litigation proceedings).
The vacation schedule is a binding document; any adjustments can be made to it only with the mutual consent of the employee and the employer, provided that this in no way affects the functioning of the company and does not affect the interests of other employees. Changes may also be made when hiring new employees and due to forced and force majeure circumstances.
It should be noted that all types of vacations are included in the schedule:
- planned,
- additional,
- "last year's"
- as well as vacations issued to “part-time workers.”
Also, when compiling it, you should first of all take into account the opinion of the “beneficiaries”, i.e. those employees who, by law, can choose their own vacation time, without taking into account the wishes of the employer and those who belong to “special” categories:
- minors,
- disabled people
- employees with irregular working hours (in these cases, the duration of leave is non-standard).
How to make changes to your vacation schedule
Any deviations of the actual vacation dates from what was planned must be formalized by orders amending the schedule. In particular, this is required when postponing vacation with the consent of the employee. In such a situation, changes are made to columns 8 and 9 of form No. T-7 (Article 124 of the Labor Code of the Russian Federation). In this case, the date of transfer does not matter: adjustments are necessary both if vacation is granted earlier than the scheduled date, and if vacation is postponed to a later time.
Also, changes to the schedule are made when an employee is recalled from vacation (for restrictions on recall, see “The Ministry of Labor announced whether it is possible to recall an employee from an undivided 14-day part of vacation”). For this, column 10 “Note” of form No. T-7 is usually used. It indicates that the employee has been recalled from vacation and the date of the recall is indicated. The details of the recall order are entered in column 8, and in column 9 information about the start date of using the remaining part of the vacation is indicated.
IMPORTANT
Do I need to make changes to the schedule due to the hiring of new employees during the year? The procedure for adjusting form No. T-7 for this situation is not regulated. We recommend drawing up a separate form No. T-7 for such employees as an appendix to the previously approved schedule.
Who makes the order and when?
The order for approval of the vacation plan is written on behalf of the head of the company. Such a document can be drawn up directly by the director of the company or his subordinates.
Typically, the employer entrusts the execution of the order to an employee of the human resources department, a lawyer, or his secretary. The person responsible for drawing up the order is selected based on the presence of the required level of knowledge and mastery of the basics of the Labor Code of Russia.
The document is signed by the manager personally. The order is drawn up upon the development of the schedule. According to Article No. 123 of the Labor Code of Russia, rest dates for employees must be approved and agreed upon with the trade union organization no later than two weeks before the next calendar year. That is, the order must be drawn up before December 17.
Who makes up
In fact, the vacation schedule acts as a local act of the enterprise containing all the necessary information.
This information is related, first of all, to the order of vacation pay for each employee and structural unit. There is a certain established form according to which this document is formed, and the general sample will be discussed further.
It is worth mentioning that each department of the company has its own vacation schedule, regardless of the scale of the enterprise’s activities. Who exactly is drafting this paper?
- Initially, department heads draw up personal vacation schedules based on the needs of the entire department and the number of personnel.
- Next, this data is transferred to the human resources department to make certain adjustments in accordance with existing preferential conditions.
- After these activities, HR personnel transmit the corrected data for discussion to employees whose vacations have been postponed. This item is not critical and is included in the general list of conditions if necessary.
- Subsequently, the papers are sent to the heads of departments for further approval. This event also has its own meaning, since only the head of the department will be able to note which employees must be at the workplace at a certain time of the year.
- After all issues are agreed upon and regulated, the schedules are again sent to the personnel department. There the preparation of a consolidated order for the entire enterprise takes place.
Common mistakes when drafting a document, how to avoid them?
Let's look at common mistakes in this area and how to avoid them:
- The lack of a schedule in itself. This is expressly prohibited by Art. 123 Labor Code of the Russian Federation. The way to protect yourself from such an error is simple - you need to draw up a document.
- Violation of deadlines established by law. Mistakes can be avoided with proper controls.
- Failure to comply with leave splitting requirements.
If, according to the vacation schedule, the employee receives vacation in the form of two periods of time, then according to Part 1 of Art. 125 of the Labor Code of the Russian Federation, at least one of the parts must be 14 days or more.Measures to protect against errors - control of the HR department over the preparation of the vacation schedule.
- The wishes of employees who have the right to leave at any time are not taken into account. As a result, the schedule breaks down. The only method of protection can be a preliminary survey of workers.
It is easy to see that essentially all mistakes can be avoided in one way - to comply with the law .
Are you interested in information about the vacation schedule? Then read our following articles:
- How is the order of rest for workers established and distributed?
- How and on what grounds are changes made to the schedule?
- What is an extract from this document and how to prepare it?
The vacation schedule is a necessary document that every enterprise must have. Its absence is fraught with administrative liability. But when drawing up a schedule, the norms of current legislation must be taken into account.