In accordance with Article 114 of the Labor Code (Labor Code of the Russian Federation), the employer annually provides the employee with paid leave, which is issued in the form of an order for the enterprise (organization). The unified form T 6 of the vacation order was approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 and corresponds to code 0301005 of the All-Russian Classifier of Management Documentation (OKUD). The average salary and position are retained by the employee when taking leave. The duration of the rest period is 28 calendar days. Also, on the basis of current Russian legislation, an employee may be granted additional annual paid leave (Articles 115-120 of the Labor Code of the Russian Federation) or leave without pay (Article 128 of the Labor Code of the Russian Federation). The duration of the rest period is calculated not in working days, but in calendar days, but without including non-working holidays that fall within this period of time.
For an employee to receive leave there must be appropriate grounds (Article 122 of the Labor Code of the Russian Federation):
· continuous work for at least six months with a specific employer in the first year after registration;
· leave before the expiration of six months of continuous work can be granted upon appropriate application to employees under the age of 18, adoptive parents of children under three months of age, and women before going on maternity leave and immediately after it.
The employee is notified of the start time of the vacation at least two weeks before its start by signing the order, the unified form T 6 of which is discussed here. Vacation time will have to be extended if the employee brings sick leave issued during vacation.
Distinctive features of the document
Let us pay attention to the standards in accordance with which orders for employee leave are issued. All relevant documents should be drawn up according to the existing template. An employee of the personnel department or any other authorized person fills out the order form. Then the form must be submitted for approval. For a document to be valid, it must be certified by the signature of the head of the organization or department.
Important! When the order has already been approved, the employee also signs. You should also enter information about the vacation into the employee’s personal card. Data is entered based on the order. Also, no later than three days before the first day of vacation, payments must be made, if any.
There is also a list of papers attached to the order. The following official papers are prepared:
- note-calculation;
- vacation schedule;
- a statement from the employee himself, where he writes about his desire to receive leave.
Remember! The employee is obliged to notify of the need for leave in advance. A specific deadline is also defined: the information is provided by the employee at least 15 days before the first day of the proposed vacation. Calendar days are taken into account.
There are a number of other documents that can be attached to the order in the T-6 form.
- Child's birth certificate.
- Help-call from an educational institution.
- Certificate of work experience.
- Certificate of incapacity for work.
- Certificate of death of a close relative. It is needed if time off is provided to organize a funeral.
Download the leave order. Sample filling and form
Sample order for leave for an employee, form T-6
Download samples of the organization's personnel documents : Form T-1 and T-1a. Employment orderForm T-2. Employee personal card Form T-3. Organization staffing Form T-7. We draw up a vacation scheduleForm T-8. Order of dismissalForm T-9 and T-9a. Business trip orderForm T-10. Travel certificateForm T-10a. Business trip assignmentForm T-13. Working time sheetForm T-49. Payroll Form T-51. Payroll for calculating and calculating wagesForm T-53. Payroll for salary paymentsForm T-53a. Payroll register Form T-54. Employee's personal account Form T-60. Note-calculation on granting leaveForm T-61. Calculation note upon dismissal
How to write an order correctly
Now we will look in detail at how to correctly compose an order. First of all, the date of preparation is indicated, you need to write down the number of this official document, enter the name of the organization or department.
Orders begin with the wording “provide leave.” It is indicated who exactly goes on vacation. In the dative case the surname, first name, and patronymic of the employee are written. For example: Vakhrusheva Maria Nikolaevna. Then, in the appropriate fields, write down the name of the department and the position held by the employee. Indicate his specialty, profession. If you use the personal card of a working citizen as a sample, all information will be as accurate as possible.
Then you need to pay attention to the line where the specific working period is indicated. Lines A, B, C should be filled out in accordance with the type of vacation planned. We have the Labor Code of the Russian Federation. According to it, any employee has the opportunity to rest every year, while receiving monetary compensation, for 28 calendar days. The issue is resolved by the manager individually if the employee has not worked for 12 months. For example, bosses are often ready to give their subordinates paid time off if they have worked for at least 6 months. Then this must be indicated under the letter B. In our example, the most common option is annual basic paid leave (letter A).
Then all that remains is to sign the document. The order is certified with signatures not only by the manager, but also by the employee himself. The document is sent to the accounting department, human resources department, so it must be prepared in two copies .
Calling an employee from vacation
To get the full picture, let’s look at a process such as calling an employee back from vacation.
In accordance with Art. 125 of the Labor Code of the Russian Federation, recall from vacation is possible only with the consent of the employee. The employer does not have the right to force a vacationer to leave if he refuses to take up his workplace until the end of the vacation.
Thus, an employee’s refusal to go to work during vacation is not considered a violation of labor discipline, and such an employee is not subject to disciplinary action (clause 37 of the resolution “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).
If the employee agreed to go to work on his vacation, it is important to consider those prescribed in Art. 125 of the Labor Code of the Russian Federation, requirements for issuing an order to call back from vacation. Here's a sample:
SAMPLE ORDER FOR RECALL FROM VACATION
The order is drawn up in any form or a sample form is used. The legislation does not establish a strictly regulated form for such an order.
The order must indicate:
- reason for being called back from vacation;
- employee going to work;
- period of provision of the remaining part of the leave.
As usual, the employee must sign. That is, he must familiarize himself with the order.
We also note that the employer must provide the employee with the remaining vacation days, taking into account his wishes. Thus, the employee can choose to add the unused part of the vacation to the next annual vacation.
According to Art. 125 of the Labor Code of the Russian Federation, there are persons who are not subject to being called back from vacation. That is, the employer does not have the right to call them to work on their vacation. These include:
- persons under 18 years of age;
- pregnant women;
- employees working in harmful or dangerous conditions.
Registration of leave when wages are not maintained
It is very important to issue such an order correctly, since it plays a big role not only for reporting, but also for accounting. It is necessary to confirm that the employee is going on vacation on his own initiative and agrees to take a vacation at his own expense. In this case, the average salary is not paid, that is, the organization does not need to compensate for downtime.
It is worth noting that it is advisable for organizations to protect themselves in advance from the likely claims of employees. It is important to have adequate proof that the employee voluntarily asked for unpaid leave. Experts advise thinking about the employee’s application form. Some companies practice filling out applications for unpaid leave on forms that have already been developed and printed. And the employee only has to sign the finished document. This is not a very good solution. Sometimes problems arise with such statements in the future, and employees file claims for compensation for downtime and moral damages, citing the invalidity of the statement. A signature is easy to forge, but it is more difficult to verify and confirm its authenticity.
What should management do? The best option is to ask employees to write an application for unpaid leave in their own hand. Such a document is already a more reliable confirmation, since the examination will accurately determine its author from a rather large handwritten text.
Please note that leave at your own expense can be provided simply at will, as well as for any valid reasons. When an order is issued, it must be written in column B: rest is provided, but payments and salary retention are not provided.
What's happened
Form 6 is an application for registration at the place of residence from an individual who has arrived in a new place.
Its sections contain the following information:
- name of the registration authority;
- Full name and passport details of the applicant;
- previous residence address;
- when registering minors under 14 years of age, identification data of their legal representative: parent or guardian;
- address where you need to register;
- basis for registration: reference to the rental agreement for living space or to the application of its owner;
- Full name and passport details of the owner of the property;
- confirmation of the authenticity of the signatures of the applicant and the owner of the living space.
The document is divided by a dotted line into two parts: the upper one is filled out by the applicant, the lower one – together with the employee of the body carrying out registration.
The lower part is intended for forwarding to the passport registration authorities at the previous address and contains the following information:
- name of the accounting unit at the old address;
- Full name and passport details of the registered person;
- identification information of parents or guardians;
- new registration address;
- request for deregistration.
The lower part is sent by the registering organization; the citizen does not need to take care of it.
From the video you will learn everything about registration at the place of residence:
Order for maternity leave
Remember that here it is also extremely important to correctly fill out the order. A pregnant employee not only gets the opportunity to rest in accordance with it, but also has the right to monetary compensation. This right is regulated by the Labor Code of the Russian Federation.
The very fact of pregnancy, the upcoming birth of a child is not yet a reason for rest, because everything must be officially confirmed, a corresponding application must be registered, and an order must be issued.
An order for the leave of a pregnant woman is drawn up in form T-6 based on a set of papers. The expectant mother must first submit an application in which she asks to be given maternity leave and to receive cash payments. An official document indicating the planned date of birth of the child is also required.
A woman gets the opportunity to go on vacation 70 calendar days before the expected date of birth of the child.
You need a corresponding certificate from a medical institution - a antenatal clinic, as well as a certificate of incapacity for work. Any expectant mother will receive such documents without any problems at the institution where her pregnancy is being carried out.
Let's consider a few important points. Pay attention to the name of the vacation. It is customary to call it maternity leave, but you need to use the official name given in the Labor Code: maternity leave. This wording fits into line B.
Then you need to indicate the duration of the vacation. When a woman is pregnant with two or more children, complications arise, it is 192 days. In this case, the standard maternity leave period is most often used - 140 days. Be sure to indicate the start and end date of the vacation.
Often women decide to use the period of annual leave that they have left. You can apply for both vacations in one document T-6. In column A they write about the main leave, and then enter in line B the data about maternity leave, after which in line C they summarize the information about the two periods of rest.
Leave without pay
In this case, the administrative document must be drawn up correctly, as this is important when calculating wages and vacation pay. This requires confirmation that the employee himself has expressed a desire to go on vacation and agrees to do so at his own expense. Under such circumstances, the average salary does not need to be paid, and the organization should not register this time as a period of downtime.
Registration of leave without saving earnings
But, nevertheless, it should be noted that it is still worthwhile for management to protect themselves from the demands of employees. In this case, it is necessary to have a package of documents on the basis of which the employee independently went on vacation, having previously notified the employer about this. Here, consultation from specialists will be as follows:
- It is necessary to have a statement from an employee who went on leave without pay.
- An administrative document should also be prepared and, most importantly, it should contain the signature of the employee and his manager.
Vacation at your own expense is provided without retaining earnings and the employee should also be familiarized with this aspect in advance.
