Notification of the start of vacation 2022, sample, according to the vacation schedule

Retirement according to vacation schedule

The employer establishes in the regulatory act of the enterprise the obligation of employees to submit an application several days before the start of the required leave at their discretion. That is, in some organizations this is practiced - the employee writes and submits a corresponding application to the accounting department before going on vacation.

According to the law of the Russian Federation, this is not necessary. After all, the norms of the Labor Code say that vacation is granted to an employee based on the vacation schedule, and not on application. If this obligation exists in the local regulatory act of the organization, but the employee has not fulfilled it, the employer is still obliged to provide the next rest in accordance with the established procedure - schedule.

Application for leave is only possible in certain cases. For example, if an employee needs unscheduled unpaid leave.

Why do you need notice of leave - legal regulations and deadlines

The labor law norm establishing the priority for employees of an enterprise to go on vacation, as well as the period for notifying them about this is Article 123 of the Labor Code of the Russian Federation. This reflects a key point regarding the procedure for informing a person about going on vacation: the employer is obliged to warn the employee that he is going on another vacation. And this must be done at least 2 weeks before it starts.

When informing, the employer must rely on the vacation schedule drawn up in the previous year. This document is ratified by mid-December (+/- 2 days) and sets for each employee the exact dates and periods for which the employee is required to go on vacation this year. Adjustments to this schedule can only be made by mutual agreement. A person, on his own initiative, cannot change dates or reduce/increase the number of days in a certain part of his vacation. Here you can only negotiate with the employer. There is no other way out.

The situation is similar for the employer: if the employee does not agree to go on vacation at another time (not specified in the vacation schedule), no one has the right to force him to do so, even if the production process requires it.

Please note that every company must have an approved vacation schedule, otherwise a fine may be imposed on the company. This is regulated by administrative legislation, to be precise, Article 5.27 of the Administrative Code. The only exception here is a microbusiness that employs less than fifteen employees and operates as an individual entrepreneur. This category of employer is exempt from the obligation to apply the annual vacation schedule.

Thus, if an employee was employed by an enterprise until December of the previous year and, accordingly, was included in the vacation schedule, he must be properly notified of his obligation to rest at the expense of the enterprise. If this does not happen, and the person does not receive official notice of leave 14 days in advance, he has the right to shift the dates to a time convenient for him. That is, if there is a delay of 2 days, the deadline for going on vacation can be completely legally postponed at the initiative of the employee by 2 days, if the personnel service was late with the notification by 5 days - accordingly, by 5 days, etc.

To do this, it is enough for a person to write a statement that he was not warned about the start date of the vacation period. This right is enshrined in Part 2 of Article 124 of the Labor Code of the Russian Federation.

Checks the availability of vacation notices and the labor inspectorate. If during the next inspection it is discovered that there was no notification about the leave, this may provoke sanctions from the controller.

When Notification Is Not Required

There are only 2 types of leave when the employer is required to notify the employee in writing:

Paid annually.
Additional vacation.

This correlates with the fact that these are the types that are regulated by the vacation schedule.

If a person writes an application for leave without pay, there is no need to warn him about this.

Another option when there is no need to draw up a notice is if a person, in agreement with management, asks to move the vacation period to an earlier or later period. And at the same time, the order for the upcoming vacation was issued at least 14 days in advance. In this case, it is not necessary to notify the employee of this fact. It is enough that the order contains all the necessary data about the vacation. The employee, when signing the order, will record the fact of familiarization with the order and at the same time with notification of the start date of the vacation.

If the leave order is issued at least 14 days in advance, a notice in another form does not need to be drawn up

Using the same algorithm, you can also arrange vacations for employees who have been employed by the company for less than a year, and therefore are not included in the vacation schedule. In this option, the employee is required to write a leave application, and the employer must issue an order based on it.

Such a simple diagram will help in deciding whether notification is necessary or not.

Details for vacation of part-time workers

The specifics of processing leave for an employee employed either internally or externally dictate certain rules:

A part-time worker is entitled to a vacation period at the time when he takes a planned vacation from his main place of work. In order for the employer to be able to correctly plan the vacation schedule (and part-time workers are also included there), the employee must provide the employer with information about the vacation planned at the main place.
When the required 6 months for providing him with time for legal rest have not yet passed, he must be granted unpaid leave for the unworked days.

In fact, the notification of the beginning of the vacation period for part-time workers is formal in nature, since the person himself is primarily motivated to ensure that part-time leave is granted to him in a timely manner.

It is necessary for both parties to remember in this case that if a part-time worker does not submit data on the rest periods established at the main place of employment, he is included in the vacation schedule on a general basis and does not have the right to subsequently dictate his own conditions. In such a situation, the part-time employer simply warns him 14 days before the start of the vacation.

Vacation schedule

This document provides for the development and creation of rest periods for each employee of the enterprise. There is a certain sequence in it, which is developed according to the interests of the company and employees.

The development of schedules is carried out by employees of the accounting department or personnel department. After which it is submitted to the manager for signature. From the moment of affixing the signature and seal, the document is considered approved. According to this schedule, a leave notice is filled out and handed to the employee. This allows the employer to comply with all legal regulations, and for the employee to become familiar with and remind about the start date of the vacation.

Do I need to apply for leave if notice is received?

Filling out an application plays the role of a request to provide the employee with rest time. When leave is granted according to a predetermined and agreed schedule, there is no need to submit an application.

Consequences of failure to serve notice

According to labor law, the employer is required to provide a document that notifies the employee of the upcoming next vacation. The employee is required to sign one copy, which will correspond to his notification.

If the employee has not received such a document, then he can independently change the date of rest to any convenient time. To do this, the employee will need to write a corresponding application addressed to the head of the organization. It must indicate that he was not warned about the next vacation and about its start. In addition, the lack of notification may serve as a serious reason for the initiation of proceedings by the labor inspectorate. That is why you should not neglect this document and hand it over to the employee.

If your vacation is postponed

Upon written application of the employee and consent of the administration, the previously approved vacation period may be shifted or postponed. Thus, the period may come earlier or later than indicated in the vacation schedule. In this case, if appropriate adjustments are made to the schedule, then the employer must (but is no longer obligated) to notify the employee for the new period.

If, due to the postponement, the beginning and end of the vacation were shifted and there was no notification of this event, but there is a statement from the employee agreed upon by the administration, the employer will not be held responsible for this.

Remember, the obligation to notify the employee of the date of legal paid rest is clearly tied to the vacation schedule approved in advance. If this norm is violated on the initiative of the employee himself, the company will not be held responsible for the consequences.

What is a notice?

This document can be created in free form. In most cases, each company has its own approved template for notifying employees about vacation. The method of filling out the document must be approved in the regulatory acts of the organization.

The notification is drawn up in two copies, each of them must be signed by the employer or his authorized representative (director, head of the personnel department, chief accountant). One document is handed over to the employee. The second copy remains in the company's archival documents after it is registered in the journal. This confirms that the employee was familiar with the date of the upcoming vacation, and the employer fulfilled his obligations.

It is not necessary to stamp the document. A seal impression is required only if the internal policy of the institution requires it. But a note about the notification must be included in the company’s accounting journal.

The document can be drawn up on a plain sheet or on the organization’s letterhead. You can enter information both in written and printed form.

How to create your own notification

To compile a document, you need to divide the sheet vertically into 3 parts. The header (beginning of the sheet) indicates:

employer information;
information about the recipient, that is, the employee;
Title of the document;
Date of preparation;
notification number.

In the middle part or main block you need to add:

vacation start date;
its duration, which is indicated in calendar days and can be 14 or 28 days;
date of return to work.

The last part of the document indicates the name of the employer, the responsible person and his signature. Below is the employee’s personal information (full name) and signature.

General information about the notification, features of its preparation

If you need to draw up a notice of the start of vacation for an employee of an organization, and you do not have sufficient experience, read our tips - they will help you cope with the task. Please also pay attention to the example form - on its basis you can easily draw up the necessary notification.

First of all, we will give general information that is typical for all such documents. Let's start with the fact that the notification can be generated in free form, or, if the company has a sample document approved in the accounting policy, by its type. The method of drawing up the notification, as well as its template (if any), must be approved in the local regulations of the enterprise.

The notice should be drawn up in two identical copies , each of which must be signed by a representative of the employer (preferably the director, but it is acceptable if the autograph of the head of the structural unit, for example, the head of the human resources department, is signed).

One of these copies is subsequently given to the employee,
the second is filed in a special folder and remains in the company archive (as confirmation that the employer has fulfilled all the conditions for the employee to go on vacation).

It is not necessary to stamp the form - a seal is needed only when the requirement for its use is specified in the company’s internal regulatory documents.

A note about the notification must be included in a special journal for recording outgoing documentation - these should be kept in every organization.

The notification may be formed on a simple ordinary sheet of paper or on the company’s letterhead; it can be written either by hand or on a computer (necessarily then printed out)

Transferring a document

It is mandatory to submit the document. You can do this in several ways:

at the workplace in person;
by registered mail via Russian Post;
through a trusted person.

In any case, the employer must have its own copy of the notice and the employee’s signature upon delivery.

If the employee did not sign the document

It often happens that an employee does not agree with the date of going on vacation. Therefore, he refuses to sign the notice. In this case, the person sent to transfer the document must ensure that there are two witnesses at that moment. In their presence, it is necessary to draw up an act of refusal to sign the employee in a document notifying the start of the required vacation. The act must indicate the reasons for the employee’s refusal to sign the document.

What to do if an employee refuses to sign the notice

If the employee does not agree to sign the document, a report about this is drawn up. The act indicates the reasons for the refusal according to the employee. The act is signed by witnesses to the refusal (at least two).

The employee should be explained that by refusing without a good reason, he violates labor legislation, because according to Art. 123 of the Labor Code of the Russian Federation, compliance with the schedule is mandatory, including for the employee. Consequently, in such a situation, the employer has the right to bring him to disciplinary liability (explanations of the Ministry of Labor on the website onlineinspektsiya.rf to issue No. 90971 of October 17, 2017).

If the employee is not notified in time about the upcoming vacation, the employer, in accordance with Article 124 of the Labor Code of the Russian Federation, will be obliged, upon his written application, to postpone the annual paid vacation to another period agreed with the employee.

2022 sample

It is important to remember that every employer must adhere to the laws of the Russian Federation and promptly notify its employees about the upcoming vacation - no later than 14 days before it starts. Otherwise, the employee will be able to independently legally choose the date of the required rest or file a complaint with the labor inspectorate.

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A little about vacations

By officially finding a job, that is, concluding an employment contract with the employer, the employee acquires all the duties and rights guaranteed to him by law.

The right to leave arises for an employee six months after the start of his work in the organization. At the same time, for the employee:

his job is preserved;
his average earnings are maintained.

In accordance with Art. 115 of the Labor Code, the duration of the main annual leave is defined as 28 calendar days. Some categories of workers are entitled to longer rest periods. As a rule, this is due to:

the presence of difficult working conditions;
location of the workplace in places with harsh climatic conditions (the Far North and similar areas);
with irregular working hours, etc.

The duration of additional leave for each category of employees is regulated by the relevant articles of the Labor Code of the Russian Federation.

In addition, the employee is provided with other types of leave:

for pregnancy and childbirth;
leave for passing a session (certification) at a secondary and higher educational institution;
unpaid vacations.

Application deadlines

Any employee can reschedule his planned vacation dates by agreement with the employer. In this case, the basis for granting leave will be his personal statement. The procedure in this case is as follows:

the employee writes a statement,
a decree is issued on the employee's leave,
the manager sends an order to the accounting department to accrue vacation pay,
At least 3 days before the start of the vacation, the employee is credited with money.

In this case, the employer can establish internal rules of the enterprise, which stipulate the deadlines for submitting all documents from employees.

The law does not stipulate the exact time for filing an application.

When writing an application, the employee should take into account the fact that after familiarizing himself with his request, management must issue an order , and on the basis of the order, the accounting department must pay vacation pay. In this case, the deadline for accruing money must be no later than 3 days before the start of the employee’s vacation.

Outside the plan, employees may request time off while maintaining their job in the following cases:

an employee may submit a request for several days of rest without pay with a good reason ,
a number of persons (such as retired active workers, disabled people) can go on unpaid leave when it is convenient for them,
women who are about to go on maternity leave in the near future, or who have just returned to work from maternity leave,
persons under 18 years of age,
if a person has just adopted a baby.

In all these cases, the employee’s rest is formalized by order based on his written application.

Notification of an employee about scheduled leave, sample notification

Notification in writing with a signature is the best option, which allows the employer to comply with legal requirements and have proof of the employee’s awareness of the start and end times of the next vacation. The document may contain the following information:

name of company;
title and number of the document;
date of publication of the notice;
surname and initials of the employee;
name of the employee's position;
start and end dates of the employee’s rest;
number of calendar days of vacation.

The notification must be marked as having been reviewed by the employee and certified by the signature of the head of the organization. If the employee refuses to sign the document, the employer must draw up a corresponding act, which will prove that the employee is aware of the upcoming leave.

It is convenient to issue a notification in the form of a template: blanks with the same text, in which you just need to enter the employee’s data and dates. You will find a sample notification in the “Forms” section at the beginning of the article.

How to create an order

An order for the general director's leave without assignment of duties is drawn up on a unified form T-6 with reference to the norms of the Labor Code of the Russian Federation signed by the director himself (Letter of the Federal Service for Labor and Employment dated March 11, 2009 No. 1143-TZ). Below he signs that he has read the order.

If the decision on approval is made by the general meeting of owners and the application is approved, an order is issued signed by the chairman of the meeting of founders. Here it becomes necessary to appoint a person who will perform his duties during his absence. The order for the general director's leave and assignment of duties is also signed by the chairman.