The period for granting annual paid leave to subordinates of the employer must be agreed upon with the workers.
The procedure does not just happen orally, but a familiarization sheet is drawn up.
The procedure for familiarizing yourself with the vacation schedule will help to avoid various types of comments, and employees will be able to plan their vacation in advance.
Legal side
Article 22 of the Labor Code of the Russian Federation establishes a strict rule according to which the employer must notify employees about adopted local regulations . Therefore, based on this norm, this also applies to the vacation schedule. If the organization’s management does not fulfill its obligations, then it is believed that employees may not comply with the requirements in these acts.
Reference! The vacation schedule is mandatory for both parties to the labor relationship and must be completed fourteen days before the end of the calendar year.
Sheet for acquaintance with the vacation schedule - sample
IMPORTANT! Notification can also be made electronically by drawing up documents with enhanced qualified signatures of the employee and employer (Article 312.1 of the Labor Code of the Russian Federation, Articles 5, 6 of the Law “On Electronic Signatures” dated 04/06/2011 No. 63-FZ).
Thus, the employee can be notified of the period of his vacation at any time from the moment the order is issued to approve the vacation schedule for the corresponding calendar year and 2 weeks before going on vacation (see the appeal ruling of the Samara Regional Court dated November 7, 2012 No. 33-10182 /2012).
Notifying employees about upcoming vacation schedules
To inform the employee about the upcoming vacation, labor legislation has established a two-week period before the start of the vacation (Article 123 of the Labor Code of the Russian Federation). In this case, an important condition is presented: the notified person must sign. This will mean that the organization has fulfilled its notification obligation properly.
Let's look at the procedure:
- The vacation schedule is approved.
- A familiarization sheet with this schedule is drawn up.
- The HR department employee walks around each employee, or calls each one to his place and asks them to sign after reviewing the schedule.
- Two weeks before the start of the work holidays, HR officers additionally notify the employee about the imminent vacation and offer to familiarize themselves with the manager’s order about this.
- It is important for the accounting department not to forget to accrue vacation pay. Otherwise, the employee may refuse leave and request it at another time.
There is another option for familiarization, when an additional column is added to the vacation schedule itself for the signature of employees and for the date of familiarization. This option is also legal.
The familiarization sheet is drawn up in any form . Its structure depends on the divisions of the organization. If this is a small enterprise, then you can list all the employees in a list with continuous numbering. If we are talking about large enterprises, then it is better to divide the list of employees according to regular divisions. This will make it easier to quickly find one or another subordinate.
It is more convenient to create it in the form of a table. It indicates such columns as: employee’s full name, structural unit, position, signature, date of acquaintance.
Introductory sheets are kept by personnel officers . Their duration is not specified by law.
Important points on the vacation schedule sheet: sample for downloading
If the manager, for one reason or another, has not notified his employee of the upcoming vacation time, he will be required to give each of them written notice, but no later than fourteen days before the vacation begins. But if you decide to make changes to your vacation schedule, then you just need to read this article.
- the vacation schedule has its own standard form No. T-7. You can add an additional column to it, number 11, with the title “Acquainted/signed/date”. Such a change is completely legal and does not contradict the Code;
- draw up a sheet of acquaintance with the vacation schedule.
What to do if the employee does not agree?
If a colleague is not satisfied with the vacation date and the employee refuses to sign the acquaintance sheet, then the date can be changed.
Changing the date in this case is the right of the employer, and not the obligation (except for cases where the employee belongs to the categories of persons who are granted privileges in choosing vacation by law. The categories are listed below.).
What to do? If the employee does not agree and consensus is not reached, the schedule was drawn up correctly, the employee was notified in a timely manner, the employer has the right to force the employee on paid leave , according to the approved schedule.
Familiarization sheet with local regulations
Some internal local regulations (LNA), such as “Regulations on personal data”, “Internal labor regulations”, “Vacation schedule”, are mandatory for familiarization and compliance by all employees of the organization. The familiarization sheet with local regulations confirms that the employee has studied the document and undertakes to comply with its provisions.
When filling out the familiarization date, it is necessary to remember that the employee begins work after familiarizing himself with the LNA, therefore the familiarization date should not be later than the start date of work in accordance with the employment contract. The legislation does not establish storage periods for familiarization sheets. It is recommended to keep the document for at least the entire duration of the LNA.
Who has the right to work holidays at a time convenient for them?
As a general rule, the management of the enterprise itself sets the rest schedule for employees . However, in practice, in organizations with a favorable work atmosphere, the approval of this schedule is carried out taking into account the preferences of subordinates.
In case the employer does not want to accommodate the employee, the legislator has provided for categories of citizens who have a preferential right to choose a rest period.
The following categories of persons may apply for the right to choose the time of the upcoming work holidays:
- mothers with two children whose age does not exceed 12 years (Article 423 of the Labor Code of the Russian Federation);
- expectant mothers going on maternity leave (Article 260 of the Labor Code of the Russian Federation);
- husbands whose wives are already on maternity leave (Article 123 of the Labor Code of the Russian Federation);
- persons under 18 years of age (Article 267 of the Labor Code of the Russian Federation);
- employees combining different positions (Article 286 of the Labor Code of the Russian Federation).
Nothing lifts an employee’s spirits like pay and vacation. In order to avoid incidents in the team, it is necessary to respect the rights and interests of each subject of labor relations. Therefore, it is important to notify the worker about the upcoming vacation within two weeks, so that the subordinate plans his vacation and returns back rested and with the desire to work hard.
Is there a need to familiarize yourself with the vacation schedule according to the Labor Code of the Russian Federation?
- Article 22 of the Labor Code of the Russian Federation fixes the employer’s obligation to have introductory notes for all employees on the company’s regulations that are related to work activities. If the schedule is considered as a local document of the enterprise, then familiarization with employees is required, although there are no strict instructions in Article 123 of the Labor Code of the Pension Fund. To avoid an alleged violation of the law, personnel officers take precautions and collect signatures.
- The procedure for familiarizing yourself with the vacation schedule of specialists replaces the issuance of notifications about the start of vacation for each employee. That is, if a worker has signed his signature on the familiarization sheet, there is no need to notify him of the upcoming vacation. Preparation of the order and payment of vacation pay are all necessary actions. An application is also not required.
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The schedule is drawn up for both main employees and external part-time workers. Citizens registered under civil law contracts are not included in the schedule. Also, administrative leave, maternity leave, and child care are not displayed in the schedule.
Procedure for making changes
If changes are often made to the schedule, then it should be approved not for a year, but for a month
. The HR specialist issues an order and then familiarizes the enterprise employees with the established procedure in writing.
The document can be considered as a “panacea” for those who think about production efficiency. The feasibility of its use is decided at the management level, but with the condition that its main postulates do not contradict the norms of the Labor Code of the Russian Federation.
Problem
The employment contract specifies a sliding work schedule and annual total recording of working hours. Is the manager obliged, when drawing up a schedule for the next calendar year, to AGREE it with the employee? How far in advance should the employee be familiarized with the next schedule? Please provide links to TC articles.
Solution
Hello!
Based on your information provided, you have a shift work schedule, Article 103 of the Labor Code of the Russian Federation.
Shift schedules are brought to the attention of employees no later than one month before they come into force (Article 103 of the Labor Code of the Russian Federation).
Those. On November 30, 2015 or December 1, 2015, you should have been notified of the work schedule for January 2021.
The contract specifies a SLIDING SCHEDULE. The manager says that he does not have to AGREE it with us and there is no deadline for reviewing it.
The TD cannot simply indicate a rolling schedule; the TD must also indicate whether you work in accordance with shift schedules or according to summarized accounting, because The timing also depends on this.
Shift schedules are brought to the attention of employees no later than one month before they come into effect.
(Article 103 of the Labor Code of the Russian Federation).
And you have the right to demand that the employer comply with the deadlines of Article 103 of the Labor Code of the Russian Federation.
For violation of labor legislation, the employer bears administrative responsibility under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
So, the deadlines are indicated in Article 103 of the Labor Code of the Russian Federation, and specific deadlines, plus you should be familiarized with these shift schedules.
But if you have a summarized accounting of working hours, Article 104 of the Labor Code of the Russian Federation
, then the law does not indicate the deadlines for bringing them to the attention of the employee, because the procedure for introducing summarized recording of working time is established by the internal labor regulations. This means that in the PVTR, the employer, if his organization has introduced summarized recording of working time, sets deadlines for the employee to familiarize himself with the output schedules for summarized recording of working time.
And if the employer stated that he is not obliged to familiarize anyone with work schedules, then the State Labor Inspectorate can remind the employer otherwise.
You can submit an application to the authority via the Internet on the website of these organizations (except the court), the response in this case is within 30 days.
The only thing is, I worked for an enterprise where schedules could be changed daily, it depended on customer orders, these were the specifics of the organization, and the employer and employees during employment immediately discussed this point, either they agreed to play by such rules or did not agree , but in this part the employer could not comply with the Labor Code of the Russian Federation. The schedules were drawn according to the Labor Code of the Russian Federation, but in fact the workers found out the night before who would work and when.
So, sometimes it’s not worth spoiling your relationship with your employer because of such a trifle as a work schedule. The only thing, honestly, is when the employer warns about such moments during employment, so that the job candidate knows this and can assess whether he can work in such conditions.
Thank you very much. If I understand you correctly, then such a point as the timing of familiarization with the rolling schedule should be specified in the temporary residence permit?
And what if there is no such item as the timing of familiarization with a rolling schedule in the organization’s PTVR? What clause of the law regulates the presence of this clause? Thank you.
1. Shift work schedule;
2. This is cumulative accounting.
If this is a shift work schedule
, then you are required to familiarize yourself with this sliding schedule in accordance with Article 103 of the Labor Code of the Russian Federation.
Shift schedules are brought to the attention of employees no later than one month before they come into effect.
If this is a summarized recording of working hours
, then the deadlines must be indicated in the employer’s LNA, Article 104 of the Labor Code of the Russian Federation, which you can demand from the employer.
If he refuses to comply with the law, the State Tax Inspectorate, the prosecutor’s office will file a complaint, and the employer will be fined.
Listen, I told you to read your TD, you have this:
1. Shift work schedule;
2. This is cumulative accounting.
So, what do you first need to understand about a staggered schedule based on a shift work schedule, or a staggered schedule based on total time tracking?
At the very beginning, I indicated that the TD indicated a sliding schedule for the summarized recording of working hours.
At the very beginning you stated:
“annual summary recording of working time.”
This has nothing to do with the summarized accounting of working hours.
But, if your annual summary recording of working time means that this is a summarized recording of working time, where the accounting period is 1 year, then, accordingly, the review periods must be specified in the employer’s LNA, Article 104 of the Labor Code of the Russian Federation. If he forgot to do this, then he must set this gap in his LNA, and if he does not want to do this, then contact, preferably with a collective complaint, both the State Tax Inspectorate and the prosecutor’s office.
Thank you very much. Yes, you are right, the wording is Summarized Accounting. What if the complaint is not a collective one, but from me personally?
Does the Labor Code of the Russian Federation (Article 103) allow shift schedules to be communicated to employees by posting them on an information stand? For example, I came across the Appeal ruling of the Perm Regional Court dated August 15, 2012 in case No. 33-7022/2012, which touches on the issue of shift schedules communicated to employees by posting them for public viewing. The court of first and appellate instances, as well as the prosecutors in both trials, did not see a violation of the law in the fact that schedules were not provided to each employee against signature. The question is whether this practice is uniform, what position does the State Labor Inspectorate take on this issue?
How to draw up a work shift schedule, its approval and storage
Breaks for rest and food are provided to the employee during the working day (shift) lasting no more than two hours and no less than 30 minutes, which, as a rule, are not included in working hours. At the same time, according to the standards of MP 2.2.9.2311-07 “The state of health of workers in connection with the state of the working environment. Prevention of stress in workers during various types of professional activities. Methodological recommendations" breaks for rest and food should be provided after four hours of work. If an employee has a 12-hour working day, then he must have at least two breaks for rest and food of at least 30 minutes each
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How is the document regulated by the Labor Code of the Russian Federation?
The shift schedule involves dividing employees (workers and other personnel) into equal groups. Each group, or shift, works a certain working time so that there are no violations of the articles of the Labor Code of the Russian Federation. This applies to:
- Article 91 of the Labor Code of the Russian Federation, according to which working hours should not exceed 40 hours per week
; - Article 108 of the Labor Code of the Russian Federation, which indicates the need for a break for rest and nutrition (from 30 minutes to 2 hours);
- Article 110 of the Labor Code of the Russian Federation, which describes the time for weekly continuous leave (at least 42 hours).
The concept of “shift work” is regulated by Article 103 of the Labor Code of the Russian Federation. It is carried out according to the approved timesheet. In this case, it is not allowed for an employee to perform his job duties for two shifts in a row.
Detailed information about the preparation, approval and other nuances of the document is presented in the video:
We are drawing up a sheet for familiarization with the vacation schedule - a sample for 2021
Based on the meaning that this document has (namely: confirmation of the employer’s fulfillment of the obligation to timely familiarize employees with the vacation schedule), the familiarization sheet must include the following details:
If the employee is not notified of the start date of the vacation in a timely manner, in accordance with Art. 124 of the Labor Code of the Russian Federation, receives the right to transfer the vacation to another desired period. In order to avoid a situation that causes disagreements between employees related to the possible imposition of vacations, the employer must inform each employee no later than 2 weeks in advance about the start date of his vacation (Article 123 of the Labor Code of the Russian Federation).
