Scheduled leave - do I need an application?
The procedure for granting holidays is determined in accordance with the schedule approved by the employer (paragraph 1 of article 123 of the Labor Code of the Russian Federation).
Conclusion! Thus, the analysis of the norm allows us to come to the conclusion: an application for leave according to the vacation schedule is not required.
Note! An employee must write such a statement in the following situations:
- when he has not yet worked (continuously) for 6 months with this employer;
- when he would like to take a vacation at a time different from the vacation schedule and / or change the agreed duration of the vacation.
Application for postponement of leave by law
In practice, situations are common when an employee, due to circumstances, cannot go on vacation in accordance with the approved schedule. The circumstances under which the employer is obliged to transfer the vacation are regulated by Art. 124 of the Labor Code of the Russian Federation.
This topic is covered in more detail in our other articles.
Important! If the vacation is to be postponed due to the illness of the employee, then after leaving the sick leave, he writes an application for the postponement of the vacation indicating the reason, number of days, start and end dates of the vacation and attaches a certificate of incapacity for work to it. If the employee has not yet decided on which dates he would like to postpone the vacation, then in the employer's administrative document on the postponement of the vacation it should be written that these dates will be determined on the basis of an additional application from the employee (see the decision of the Krasnodar Regional Court dated 06/21/2017 in case No. 12-2186/2017).
Application for leave outside the schedule: sample
In situations where an employee wishes to take leave outside the agreed schedule, he must send the employer a corresponding application. It should include the following information:
- information about the employer: name of the organization, full name and position of the authorized person in whose name the application is written;
- information about the employee: his full name, name of the position and unit, personnel number;
- a formulated request for a vacation indicating the type of vacation, the period in calendar days, the start and end dates;
- date of application;
- signature of the employee with decryption.
Note! There is no unified template for such a statement, so it is written in an arbitrary form.
For example, such a statement can be made according to our template: Application for vacation outside the schedule - sample.
The above form can be called universal, since it can be used by a worker whose vacation is in principle not scheduled (for example, a new employee), or an employee who wants to reschedule his vacation. In the second case, the following form can also be used: Application for postponement of leave - sample.
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So, the answer to the question "If the vacation is scheduled - is an application needed?" will be negative: no, in this case the application is not required. You need to submit an application in situations where the employee wants to postpone the vacation for a period other than the one agreed in the schedule, or when the period and duration of the vacation this employee schedule is not approved.
The vacation schedule is mandatory for the employer and employees. However, situations often occur when employees ask to transfer vacation days to another period. The decision to transfer is made by the manager.
Arranging for unscheduled leave
To go on vacation out of schedule, you need to complete several stages of this procedure.
Stage 1 - Receipt of the employee's application for leave.
- The application indicates the start and end dates of the vacation, as well as its duration. If the employee has certain grounds for using leave, in the presence of which the employer cannot refuse to grant it on the specified dates, they must also be given in the application;
- The application must be registered in a special accounting form designed for registering internal documents, for example, in the Register of Employee Applications. The application is registered on the day of receipt. Assigned registration number affixed to the application.
- To make a decision on the merits of the request, the application is sent to the head of the organization or other official who has the right to make decisions on the granting of vacations.
- We receive a statement with a resolution from the head. The resolution of the head of the organization or other authorized official on the application determines the employee who is instructed to draw up a draft order on granting leave.
- After familiarizing the employee responsible for drawing up the draft order for granting leave with the employee’s application and the employer’s resolution, a mark is placed on the application to send it to the case. It includes the words "To file", as well as the case number where the document will be stored. The mark must be signed and dated by the employee sending the document to the case.
2 - Stage - Issuance of an order to grant leave to an employee not on schedule
- A draft order is being drawn up for granting vacation not according to the schedule.
- The order is signed by the head of the organization or other authorized person.
- The order is registered in a special registration form, for example, in the Journal of registration of orders for the provision of vacations. The retention period for an order is 5 years.
- The employee must be familiarized with the order on granting leave against signature.
- An order is sent to the case.
Stage 3 - Making a note-calculation.
This document allows you to calculate the payments due to the employee during the vacation period. A note-calculation is drawn up according to the standardized form T-60. The form is a two-sided form. On the first side indicate the basic data about the vacation (dates, start and end of the holiday). On the second side, accounting calculations are made for the due payments.
Stage 4 Registration of the time sheet
The employer is obliged to keep a record of the time actually worked by each employee. For this purpose, a timesheet and payroll calculation is used, which reflects working days, annual paid leave and annual additional paid leave, etc.
Stage 5 Registration of an employee's personal card
Accounting for all types of vacations provided to an employee is kept in section VIII "Vacation" of the employee's personal card. This section contains information about:
- the type of leave granted to the employee;
- the period of work for which the leave was granted;
- vacation duration in calendar days;
- vacation start and end dates;
- grounds (order to grant leave).
Stage 6 - Filling in the graph of holidays.
Who is granted unscheduled leave on a mandatory basis with pay
The next vacation is provided to each employee at any time of the year, according to the vacation schedule agreed and approved by this employer. But there are, some categories of workers are entitled to leave not according to the vacation schedule. In particular, these categories of workers include:
- employees who are about to go on maternity leave or intend to return from such leave.
- workers under the age of 18
- employees with the badge "Honorary Donor of Russia"
- employees who have gone through the process of adopting one or more children under the age of three months
- employees who are spouses of military personnel
- workers affected by one of the following disasters: Chernobyl nuclear power plant, Semipalatinsk test site
- workers with the title of Heroes socialist labor, Heroes of Labor of the Russian Federation, full holders of the Order of Labor Glory
Categories of employees entitled to receive off-schedule leave may apply at any time: there are no requirements in this regard by law.
Granting unpaid leave outside the schedule
Providing leave for certain categories of employees is not a right, but an obligation of the employer. This is indicated by Part 2 of Art. 128 of the Labor Code of the Russian Federation. So, the employer is obliged, on the basis of a written application from the employee, to provide leave without saving wages the following category of citizens:
| Category of citizens | Quantity calendar days holidays |
| WWII participants | Up to 35 days a year |
| Working pensioners by age | Up to 14 days a year |
| Working disabled people | Up to 60 days a year |
| employees in cases of the birth of a child, marriage registration, death of close relatives | Up to 5 days |
| parents and wives (husbands) of military personnel, employees of internal affairs bodies, federal fire service bodies for control over the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system, killed or died as a result of injury, concussion or injury received in the performance of military service (service), or as a result of a disease associated with military service (service) |
Up to 14 days a year |
Holiday pay not on schedule
When an employee is granted leave outside the schedule, he is subject to the requirements for the procedure for paying vacation pay, provided for by current legislation.
Article 136 of the Labor Code of the Russian Federation determines that the funds due to the employee must be paid to him no later than three days before going on vacation. The current legislation allows the payment of vacation pay at an earlier date.
Employers whose employees go on unscheduled vacation may be faced with a situation where an employee submits a vacation application less than three days before the planned start date of the vacation. In this case, the employer, who could not comply with the terms of payment of vacation pay established by law, will not be subject to administrative liability.
If the company has structural units, the application must be signed first by the head of the unit, and then by the head of the company (Instructions, approved by the post. Goskomstat of Russia dated 05.04.2001 No. 1). We draw up personnel documents Next, an order is issued to amend the vacation schedule (see Fig. 2). The form of the vacation schedule T-7 (approved by the post of the State Statistics Committee of Russia dated 05.04.2001 No. 1) provides for the possibility of transferring the vacation to other dates. If the employee's vacation period changes, the personnel officer (or the person responsible for maintaining personnel documents) fills in columns 8 and 9 "Transfer of vacation". In column 8, you must indicate the name of the document on the basis of which the rest period changes. As a rule, this is a statement of the employee indicating the reason for the transfer (health, family situation, etc.).
The employee goes on vacation outside the schedule
Under the law, the employer has no reason to force the employee to use the right to maternity leave. That is, if a woman has not written an appropriate application, thereby expressing a desire to continue working, the employer cannot prevent her from doing so. Maternity leave is a woman's right, not her duty, so she herself has the right to determine when she is ready to use it.
At the same time, one should not forget that if a woman goes on maternity leave later than the date indicated in sick leave, which means that its period automatically becomes shorter, which entails a decrease in the legal benefit for this circumstance.
The employee goes on vacation outside the schedule
Attention
At the same time, employers believe that they do not violate the ban on not granting vacation for more than two years in a row, since the employee took at least one part of the vacation. This is the wrong approach. The fact is that the legislation does not provide for an annual basic paid leave of less than 28 calendar days. Even taking into account the division of vacation into parts, these 28 days must be used in full.
Transferring the planned vacation to another time Article 124 of the Labor Code provides for cases when the vacation planned in the schedule must be postponed to another time. At the same time, the transfer of vacation to the next year is possible only in exceptional cases, when the provision of vacation in the current working year may adversely affect the normal course of the company's work (part 3 of article 124 of the Labor Code of the Russian Federation). Such transfer of leave is only with the consent of the employee.
At the same time, employees must remember that the unauthorized use of vacation, as well as its postponement without the consent of the employer, is legally qualified as absenteeism and may become the basis for the employer to apply to the employee disciplinary action. Opinion 2: Irina Sidorova, Financial Advisor law firm"Tax officer" If the employee came in the middle of the year The vacation schedule is drawn up in advance, so if the employee started working in the company not from the beginning of the year, the data on his vacation in the schedule on this year will not. However, this cannot be a reason for refusing a new employee on vacation.
He has the right to write an application for leave and, if the employer gives his consent, take it off at a convenient time for himself and the employer. The visa of the head of the enterprise on the application will be a confirmation agreement reached about the vacation period.
What to do if an employee does not want to go on vacation
Info
The right to leave: requirements for employers According to the law, the vacation schedule must be drawn up in advance, that is, two weeks before the new year, around mid-December. Usually, employers approach this very responsibly, so a violation of the vacation schedule does not have the best effect on production processes. Vacation planning is set out in Labor Code RF and is mandatory for both parties to labor relations.
The presence of a schedule allows you to take into account the interests of all employees of the enterprise, as well as its management, and at the same time ensure the continuity of the performance of labor tasks. That is, in fact, the law does not leave the employee the right to refuse leave at his own discretion or to transfer it to any other periods.
Secondly, and more importantly, after his approval as local act the schedule acquires the force of a document that is binding on both the employee and the employer. If a person wants to go on vacation outside the schedule, but the employer does not recognize the reason for the postponement as valid or does not have the production opportunity to release the employee during this period, we believe that in this case the employer is not bound by any obligations and should not explain the reason for his disagreement, give written refusal. It will be enough for the representative of the employer (manager or his deputy) to impose a concise resolution “I do not agree” on the employee’s application, without going into other production moments.
If the employee did not go on vacation according to the schedule, what to do
At the same time, employees must remember that the unauthorized use of vacation, as well as its transfer without the consent of the employer, is legally qualified as absenteeism and may become the basis for the employer to apply a disciplinary sanction to the employee. Opinion Irina Sidorova, financial consultant of the legal company "Nalogovik" If the employee came in the middle of the year The vacation schedule is drawn up in advance, so if the employee started working in the company not from the beginning of the year, there will be no data on his vacation in the schedule for the current year. However, this cannot be a reason for refusing a new employee on vacation.
He has the right to write an application for leave and, if the employer gives his consent, take it off at a convenient time for himself and the employer. The visa of the head of the enterprise on the application will be a confirmation of the agreement reached on the vacation period.
The vacation schedule is mandatory for the employer and employees. However, situations often occur when employees ask to transfer vacation days to another period. The decision to transfer is made by the manager. The schedule of annual paid holidays is approved in advance, while the employer takes into account the wishes of employees and the dates they have chosen for vacation.
However, sometimes employees, for personal reasons, due to circumstances that have arisen, want to change the planned vacation period. How to be an employer in such a situation and what documents need to be issued, the experts of the Actual Accounting magazine told. The decision is made by the employer. In order to go on vacation outside the schedule, the employee must write an application in any form (for an example of an application, see below).
in fig. one). It must indicate the new start date of the vacation and the reasons for its transfer.
The schedule is approved no later than two weeks before the start of the calendar year (Article 123 of the Labor Code of the Russian Federation). In this case, it is imperative to take into account the opinion of the trade union (if it exists in the organization). When an employee goes on vacation not according to the schedule The vacation schedule is mandatory for the employer and employees. However, there are often situations when they ask to transfer vacation days to another period. The decision to transfer is made by the manager. The annual paid schedule is approved in advance, while the employer takes into account the wishes of employees and the dates they have chosen for vacation. However, sometimes employees, for personal reasons, due to circumstances that have arisen, want to change the planned period. Can they be sent on vacation without the consent of the employee and fired for refusing to go on vacation. The working year is over, 14 days left. Compensation for unused is very small, a maximum of three weeks is paid, and more often 12 -18 working days.
Vacation schedule In practice, they often do this: if an employee belongs to a category that is supposed to provide leave at a time convenient for the employee, then the vacation schedule does not change. In this case, they simply fill in the columns containing the actual vacation date, the reason for its transfer and, if necessary, a note in the existing document. If the employee does not have privileges to choose the date of vacation, then by decision of the employer, an order is issued to change the vacation schedule.
In some cases, the schedule is not changed if the employee went on vacation earlier than the planned date (they simply fill in the appropriate fields in the existing document).
Vacation schedule. What nuances will help to avoid violations of labor laws Why is a formal approach to the vacation schedule dangerous for companies Do you need a vacation application if the employee is resting according to the schedule How to correctly arrange the provision of vacation not according to the schedule December is the traditional time for scheduling annual paid vacations for the next calendar year. The form of this document (No. T-7) was approved by the Decree of the State Statistics Committee of Russia dated 05.01.04 No. 1 On approval unified forms primary accounting documentation on the accounting of labor and its payment and is mandatory for all companies, regardless of ownership. In practice, many treat the design of a vacation schedule as a mere formality, believing that only the very fact of its existence is important in case of a labor inspectorate check.
Your employees. Sometimes vacation falls on an undesirable time for the employee. It happens, and often. The employer explains - production necessity.
There are two sides of the issue for the employee - on the one hand, everything is bad, and on the other, there is nothing accidental, because you can spend a wonderful vacation in winter! This is for those who are unable to shift their schedule. But is it possible for an employee to transfer his to another time, is it possible to provide it to an employee not on schedule.
Unscheduled vacation is possible. You just need to reach an agreement on a new start date for the holiday with your employer. Communication has not yet been canceled.
Is it possible to provide unscheduled leave?
There is general rule – another vacation is provided to each employee at any time of the year, according to the vacation schedule agreed and approved by this employer.
There are exceptions:
- a newly settled person has the right to leave after six months,
- women in front maternity leave,
- youth under 18,
- special cases provided for by federal law.
Granting unscheduled leave to newly employed
In a situation where you got a job, and the vacation schedule has already been drawn up, you can still take a break after six months, write an application for a vacation, get the employer's signature and relax. If you need to rest before this time, just agree on this with your employer and go on vacation!
Other cases of granting unscheduled leave
If you have the “Honorary Donor of Russia” badge, if you are under 18 years old, you cannot be denied leave at the time you need, despite the fact that the schedule has already been drawn up and your name is there.
If you are a part-time worker, then by law you have the right to leave at the same time as the leave at your main place of work. This requires communication with management and a statement explaining the reasons.
They will also provide leave at the same time as the maternity leave of the wife. This is also written into the legislation.
If you do not need a vacation in full, you can divide it into several parts, one of which is at least 14 days. In this case, you also need a statement from the employee and the consent of the manager is required. If there is no agreement, then you will rest completely and according to the schedule.
At one of the previous places of work, instead of an insert in the work book, the employee was issued a new work book. When hiring in our organization, the employee adopted this particular employment history, containing records from the last place of work. The employee, already working in our organization, issued an insert in the first work book, which now contains information about previous places of work, similar to the information in the second work book. Entries are framed established order organizations where the employee worked after the registration of a new work book. Now the employee asks to take into account, maintain and store the first work book with an insert. How legitimate is this, if so, how to do it right?
Answer
Answer to the question:
Labor legislation does not provide for the possibility for an employee to have two work books. In general, marks seniority should be included in one document. At the same time, the law does not establish sanctions for employees who have more than one work book.
Don't miss: the main article of the month from leading specialists of the Ministry of Labor and Rostrud
Encyclopedia on the design of work books on a turnkey basis from the Kadra System.
Therefore, due to the fact that you have already made an entry about the acceptance of an employee in the second work book, and also registered it in the Book of Recording the Movement of Work Books, then in this case you have every reason to continue to keep it.
We also note that the current legislation does not provide for the possibility of registering an employee in two places of work, which would be the main ones for him, under any circumstances.
If, when hiring, an employee presented several work books at once, the employer should follow the book that contains the last record of dismissal.
Material from the Frames System
Ready-made solutions for the personnel service at www.1kadry.ru
Copy date: 01/20/2016
With respect and wishes for comfortable work, Ekaterina Zaitseva,
Expert Systems Personnel
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