Every employer must plan the rest of their employees in such a way as to avoid downtime in the work process. For this purpose, no later than mid-December, the vacation schedule for the next year is approved. It helps to prepare in advance for the absence of one or another team member, select a replacement for him or distribute his functions among colleagues.
In the article we will deal with the intricacies of filling out the vacation schedule, taking into account the latest explanations from officials. We will also offer to download a ready-made sample document.
Payroll and personnel records
Normative base
The employer’s obligation to draw up a vacation schedule follows from Article 123 of the Labor Code of the Russian Federation. It must be approved for the next year no later than 2 weeks before the end of the current year. For example, the vacation schedule for 2022 had to be approved no later than December 17, 2021.
All employers create a vacation schedule. Only micro-enterprises that have refused to adopt internal regulations can not do this (Article 309.2 of the Labor Code of the Russian Federation). However, in this case, it is necessary to conclude a written agreement with each employee and record this fact in clause 22 of the Model Employment Contract.
Before drawing up a vacation schedule, you need to take into account that in addition to the main paid rest period of 28 days (Articles 114-115 of the Tax Code of the Russian Federation), some categories of workers are entitled to additional days (Articles 116-119 of the Tax Code of the Russian Federation).
If an employee has been working for the first year, he has the right to count on rest after 6 months. But there are cases when it should be provided earlier if the employee has expressed such a desire (Article 123 of the Labor Code of the Russian Federation). Women before and immediately after maternity leave, minors, persons who have adopted a child under three months old, and some others have the right to count on this (Article 122 of the Labor Code of the Russian Federation).
These categories of employees also have the right to receive leave at any time convenient for them. In addition, one of the parents/guardians of a disabled minor child, veterans, Chernobyl victims, blood donors, spouses of military personnel, part-time workers and other categories have this right.
It is impossible not to provide an hired person with leave for two years in a row (Article 124 of the Labor Code of the Russian Federation), even if he himself requests it. If the rest period for the previous year was not fully used, the remaining days must be included in the vacation schedule for the next year. First, the document reflects the previous year’s period, and then the period corresponding to the year in which it is compiled.
The annual rest period can be divided into parts, but one of them should not be less than 14 calendar days (Article 125 of the Tax Code of the Russian Federation).
What vacations and which employees are included in the schedule?
The vacation schedule includes all annual paid vacations:
- The main one - for most, its duration is 28 calendar days. But there are categories of workers for whom it is extended, for example, for disabled people and minors - 30 days.
- Additional - added to the main leave. Provided for harmful and dangerous working conditions, for irregular working hours, for work in the Far North and equivalent areas, in special climatic conditions and in other cases.
The schedule can also include the remainder of vacations not used in previous years. Other types of leave (study leave, without pay) are not included.
The schedule is drawn up for all employees who are entitled to annual paid leave, including external part-time workers and remote workers. They include everyone who has a valid employment contract on the day the schedule is approved, even if the employee is on vacation with subsequent dismissal or plans to quit after the new year.
Individual employees have the right to take leave at a time convenient for them, for example:
- minors (Article 267 of the Labor Code of the Russian Federation);
- raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
- raising three or more children under 18 years of age, if the youngest is not yet 14 years old (Article 262.2 of the Labor Code of the Russian Federation);
- awarded the “Honorary Donor” badge (clause 1, part 1, article 23 No. 125-FZ of July 20, 2012).
Despite this, they also need to be included in the schedule. If the employee later exercises his right and wants to reschedule his vacation dates, he needs to write a statement.
The situation is exactly the same with employees who have the right to take leave in advance, that is, before they have worked for six months from the date of hire. This is for example:
- women before maternity leave or immediately after it (Article 260 of the Labor Code of the Russian Federation);
- who have adopted a child under the age of three months (paragraph 3 of Article 122 of the Labor Code of the Russian Federation);
- husbands during the period when their wives are on maternity leave (paragraph 4 of article 123 of the Labor Code of the Russian Federation);
- wives of military personnel - they can take leave at the same time as their husbands (Clause 11, Article 11 No. 76-FZ of May 27, 1998);
- an employee who needs leave to accompany his child under 18 years of age who is entering an educational institution of secondary or higher education in another area (Part 5 of Article 322 of the Labor Code of the Russian Federation);
- external and internal part-time workers - they are entitled to leave simultaneously with their main place of work (Part 1 of Article 286 of the Labor Code of the Russian Federation).
Upon written request, the employer is obliged to provide paid leave to such employees at a time convenient for them, even if other dates were planned in the schedule.
The schedule does not need to include:
- employees about whom it is known for certain that they will not go on vacation next year. For example, those who are on parental leave. If an employee immediately after such a leave wants to take another paid leave, it must be provided upon application, and not according to the schedule;
- performers under civil contracts. This is not an employment relationship, so no holiday rights arise.
New employees who were hired while the schedule was in effect can be added to it or given leave in the first working year simply upon application - this is not a violation.
Is it necessary to use a unified form?
There is a standard form of the vacation schedule - it was approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. However, since 2013, the obligation to use this unified form has been canceled. The employer has the right to develop the document himself, including all the necessary details, and properly approve it.
In practice, most organizations still use the T-7 form, since it is convenient and time-tested. It is often supplemented in Excel with the necessary columns, for example, for employee signatures during familiarization.
Results
The vacation schedule is a document that must be drawn up and approved by the employer before the start of each next calendar year.
When registering it, the unified T-7 form approved by the State Statistics Committee can be used. Clarifications and additions are allowed in the schedule. Its presence does not require the employee to apply for leave. Failure to schedule will result in administrative penalties in the form of a fine. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
New clarifications from officials about the vacation schedule
Before we tell you how to fill out the form and who to include in it, here is a short overview of some of the latest letters from regulatory authorities. They provide answers to the questions that employers asked when drawing up a vacation schedule for 2022.
It is not necessary to take into account the opinion of each hired person when forming a vacation schedule (letter of the Ministry of Labor dated December 9, 2020 No. 14-2/OOG-17854). However, if the organization has a trade union, then the document must be agreed upon with it, regardless of the number of its members (letter of the Ministry of Labor dated December 8, 2020 No. 14-2/OOG-17785). The main thing is that this body represents the interests of at least half of the employees. If there is only one representative of the workforce in the organization, the document must also be agreed upon with him (provided that this representative was elected by secret ballot by at least 50% of the employees).
Everyone who has an employment relationship with the organization must be included in the vacation schedule when it is approved. Including those who leave within a year, for example, at the end of a fixed-term employment contract. And even those who, at the time of drawing up the vacation schedule, are already on vacation and subsequently quit (Rosrud letter dated 03/09/2021 No. PG/03709-6-1).
At the same time, in earlier letters of the Ministry of Labor (dated 12/09/2020 No. 14-2/ОOG-17851, dated 12/10/2020 No. 14-2/ОOG-17893, dated 12/10/2020 No. 14-2/ОOG-17895, dated 12/08. 2020 No. 14-2/OOG-17800) states that employers can decide for themselves whether certain categories of employees should be included in the vacation schedule. Appropriate regulation must be enshrined in local regulations.
The Ministry of Labor gave the same answer to the following questions:
- Is it necessary to reflect in the document the rest days not used by the employee for the previous year (letter dated 12/09/2020 No. 14-2/OOG-17850);
- whether the form should contain a specific date for the start of the vacation (letter dated 12/08/2020 No. 14-2/OOG-17783).
Thus, the department believes that employers can make decisions on these issues independently, but this needs to be enshrined in the LNA. Therefore, if there are no relevant acts, then it will be safer to fill out the vacation schedule for the next year for all persons who work in the organization, take into account all previously unused days, and also reflect the dates.
Part-time workers, including internal ones, should also be included in the document (letter of Rostrud dated December 25, 2020 No. PG/60005-6-1).
The approved vacation schedule is brought to the attention of the team. In addition, each employee must be notified of the start time of his vacation no later than two weeks in advance (letter of Rostrud dated December 24, 2020 No. PG/59245-6-1). At the same time, the letter of the Ministry of Labor dated December 9, 2020 No. 14-2/OOG-17846 states that the Labor Code does not contain direct instructions on the need for hired persons to familiarize themselves with the schedule.
Employees who can choose a rest period have the right to change the start date appearing in the document (letter of the Ministry of Labor dated December 8, 2020 No. 14-2/OOG-17786).
Whose opinion should I take into account?
Employees' annual holidays are usually planned taking into account their opinions, although the employer has no such obligation. For obvious reasons, all wishes cannot be taken into account, especially in large organizations. But still, employers try to accommodate the team halfway whenever possible.
But the opinion of the trade union organization, if it is created, must be taken into account when drawing up the vacation schedule. There is an important nuance: it should be agreed only with the trade union that represents more than half of all employees.
Above we have given the basic rules for drawing up a document. Next, we propose to analyze this process step by step.
Whose opinion should be taken into account when drawing up a schedule?
As a rule, when drawing up a vacation schedule, the opinion of each employee is taken into account. Moreover, it is better to collect information about who would like to go on vacation and when in writing in order to eliminate later possible conflict situations.
At the same time, the employer is not obliged to unconditionally take into account all wishes (with the exception of certain categories of employees). Here it is only important to combine the interests of staff and business and arrange a vacation sequence that will not interfere with the organization’s activities.
If the organization has a trade union, the vacation schedule is also agreed upon with it (Clause 1, Article 123 of the Labor Code of the Russian Federation).
Vacation schedule: step-by-step instructions
Drawing up a vacation schedule begins with collecting statements from employees about their desired rest periods. If the enterprise is large, then such work can be assigned to the heads of structural divisions. Then all information is transferred to the personnel department. Based on it, a draft document is drawn up.
Step 1. Filling out using the unified form as an example
Now let’s figure out how to fill out the vacation schedule, and take the T-7 form as a basis. First of all, you need to enter the data in the “header” - the name of the employer, its OKPO (for organizations only) and the year for which the document is being drawn up. There is no need to enter the date and number yet.
The unified form contains a table - it reflects information for each employee. At the time of drawing up the project, the following fields are filled in:
- Column 1 – name of the structural unit (department) in which the employee works;
- column 2 – his position (specialty) according to the staffing table;
- column 3 – first name, last name and patronymic;
- column 4 – personnel number;
- Column 5 – number of days of rest. If it is divided, each part is indicated sequentially;
- Column 6 – planned start date of vacation. Employers do not always immediately enter dates into the vacation schedule, because the rules for drawing up the document do not require this. However, there is no point in not specifying a specific period for which the employee is released from work. Therefore, we recommend specifying not only the month, but also the date. If the need arises in the future, changes can be made to the vacation schedule.
Columns 7-9 are not filled in at the time of drawing up the document. Column 7 is intended to indicate the actual start date of the vacation, columns 8 and 9 are intended to reflect information about its transfer. If necessary, you can enter a note in column 10. For example, how many days have been carried over from last year.
Step 2. Coordination with the trade union
The completed form must be sent to the trade union committee. For this purpose, a covering letter is drawn up in two copies. One is transferred to the trade union along with the schedule, and on the other, its representative will put a mark on acceptance of the documents. This is necessary to record the date of their transfer. Within 5 working days, the trade union must review the schedule and issue its reasoned opinion in writing.
Let's say a representative body does not agree with the project and proposes to modify it. The employer can accept the comments and adjust the schedule in accordance with them. If he does not agree to this, consultations with the elected body of the trade union must be held within three days to resolve all issues. However, if the parties do not reach a consensus, the manager will still be able to approve the document, but will have to draw up a protocol of disagreements. The trade union will retain the right to appeal this decision to the State Labor Inspectorate or in court, as well as initiate a collective labor dispute.
Step 3. Signing
Now the document is handed over to the head of the HR department for signing. He indicates his position and signs with a transcript.
Step 4: Approval
The next stage is approval of the vacation schedule. It contains the document number in accordance with the numbering accepted by the employer, the date and position of the manager. A note is also made that the union’s opinion has been taken into account, indicating the date and document number. The manager signs and deciphers it.
Step 5. Familiarization
As already mentioned, the Labor Code of the Russian Federation does not directly oblige the employer to familiarize the team with the vacation schedule. However, this should still be done. Firstly, officials’ explanations on this matter are ambiguous, and it is better to protect yourself from possible claims from the State Tax Inspectorate. Secondly, it is convenient for the employee to know in advance exactly when he will rest. After all, the period for which he must be warned by law (which is two weeks) is very short.
You can familiarize the team with the approved document in different ways, for example:
- create a special journal in which each employee will sign;
- provide an additional column in the T-7 form by adjusting the standard form in Excel;
- collect employee signatures on the back of the document.
Who, how and when draws up the schedule
The vacation schedule is one of the personnel documents, so responsibility for its preparation and timely approval lies with the HR specialists and the company administration.
Important! Practical situation from ConsultantPlus Do I need to approve the vacation schedule for newly created organizations in the first year of their work? This issue is not directly regulated by law. But if the creation of your organization occurs at the beginning of the year, then it is better to draw up a vacation schedule. Let us explain in more detail. For more information on this issue, see K+. Trial access to the system is free.
Until recently, all companies drew up vacation schedules using a single unified form T-7, the form of which can be downloaded for free by clicking on the picture below:
The 10 columns of form T-7 were filled in with the following information:
- Column 1 - name of the structural unit (office, chief mechanic department, labor protection department, financial department, etc.);
- column 2 - position according to the staffing table (director, secretary, mechanic, etc.);
- columns 3 and 4 - last name, first name, patronymic and personnel number of the employee;
- columns 5–9 - data on vacation (duration, start dates of vacation - planned and actual);
- Column 8 - the basis for changing the planned vacation dates;
- column 9 - date of proposed vacation;
- column 10 - note.
If your organization has external part-time workers, then the question may arise: should you include information about the vacation of an external part-time worker in the vacation schedule? ConsultantPlus experts gave detailed explanations on this matter. Get free trial access to the system and proceed to recommendations and possible risks.
Today, it is not necessary to use a unified form of a schedule, but the legislation does not contain a ban on the use of the usual format of this document. So the personnel service has a choice: fill out the T-7 form or develop a new document with a similar name and purpose.
The main thing is to approve the vacation schedule on time, that is, no later than two weeks before the start of the new calendar year (Article 123 of the Labor Code of the Russian Federation). That is, the schedule for 2022 should be approved no later than December 17, 2021.
After the manager approves the vacation schedule, this document must be familiarized to employees against receipt (Articles 22, 123 of the Labor Code of the Russian Federation). To do this, it is advisable to add another column to the schedule or create a statement where each employee will indicate the date of review and sign.
From 02/18/2020, the storage period for vacation schedules in the archive has been increased from one year to 3 years (Article 453 of the list, approved by order of the Federal Archives of December 20, 2019 No. 236).
IMPORTANT! Do not forget to notify the employee in writing (against receipt) about the start of the vacation no later than two weeks before it begins (clause 3 of Article 123 of the Labor Code of the Russian Federation). ConsultantPlus experts explained in detail how to do this correctly. If you do not have access to the K+ system, get a trial demo access for free.
Execution and change
2 weeks before the vacation date, you should remind about it by sending a notice to the employee. Alternatively, you can issue the order immediately. The main thing is to do this at least 14 days before the start of the rest period. Its actual date is noted in column 7 of form T-7.
Execution of the approved document is mandatory for both parties to the labor relationship. This means that the employer cannot refuse a planned vacation, and the employee cannot refuse it. But by agreement of the parties, the rest time can be postponed. In this case, the employee writes a statement, and changes are made to the schedule.
To correct the document, an order from the manager is issued, which indicates the essence of the changes. Columns 7-10 of the T-7 form reflect new data. Similarly, the vacation schedule can be changed to include an employee who was hired after the document was approved. However, this is not necessary - you can provide him with a period of rest on the basis of an order.
Should staff be aware of the schedule?
There is no direct obligation in the law to familiarize employees with the approved vacation schedule. Art. 123 of the Labor Code of the Russian Federation only requires that the employee be notified of the start time of the vacation against signature no later than 2 weeks before it starts.
However, it is still advisable to familiarize staff with this document. ConsultantPlus experts explained in detail how and why this should be done. If you do not have access to K+, sign up for a trial demo access for free.
The question often arises: does an employee need to write an application for leave provided for in the vacation schedule? For the answer, let's turn to Part 3 of Art. 123 of the Labor Code of the Russian Federation, according to which the employee must be notified of the start time of the vacation against receipt no later than 2 weeks before the start. It follows that in order for an employee to go on vacation in accordance with the vacation schedule, it is necessary to notify the employee, and not the employer. An additional application from the employee is not required.
Storing vacation schedules
The vacation schedule is stored for three years. This period is indicated in the List of standard management archival documents, approved by order of the Federal Archive of the Russian Federation dated December 20, 2019 No. 236.
We have given the basic rules in accordance with which the vacation schedule is drawn up, a sample for filling it out, and also talked about many of the subtleties of this document. In conclusion, we add that for its absence a fine may be imposed under Article 5.27 of the Code of Administrative Offences. For officials and individual entrepreneurs it will be 1-5 thousand rubles, for enterprises – 30-50 thousand rubles.
What is a vacation schedule, who needs it and why?
A vacation schedule is an internal company document that takes into account the interests of the workforce and the employer.
Thanks to the schedule, the continuity of the production process at the enterprise is maintained, and employees exercise their right to annual rest. The vacation schedule is equally important for both employees and the company’s administration. The better it is compiled, the less conflicts and confusion will arise in the future regarding employees going on regular vacations.
NOTE! Mention of the vacation schedule as a document determining the order of annual rest for members of the work collective is contained in Art. 123 Labor Code of the Russian Federation.
Labor legislation does not specify for what number of employees a businessman is required to draw up this document. It is logical to assume that it is pointless for an individual entrepreneur carrying out commercial activities alone to draw up a vacation schedule. He has no one to argue with about the timing of his rest - he plans the labor process himself.
Completely different consequences arise in the absence of this document in work collectives with a larger number of workers. Statistics show that most people want to relax in the summer and early autumn. This fact poses a difficult task for the company's management - to take into account the interests of the team and not cause damage to the business. And it doesn’t matter whether 5 people work under a businessman or several thousand, you can’t do without a vacation schedule.
In addition, untimely registration of a vacation schedule can lead not only to vacation confusion, but also to material losses in the form of a fine.
NOTE! Punishment for the director of a company who ignored the requirement of labor legislation to draw up a vacation schedule is provided for under Art. 5.27 of the Administrative Code and can range from 1,000 to 5,000 rubles. The company will lose even more - from 30,000 to 50,000 rubles.
If the violation is repeated, the directors of the company may be disqualified for 1–3 years or punished with an increased fine of 10,000 to 20,000 rubles. A legal entity in this situation may be subject to a penalty in the amount of 50,000 to 70,000 rubles.
