How vacation days are calculated according to the labor code

The Law (Labor Code of the Russian Federation) does not establish the obligation to approve the Regulations on the provision of vacations. However, we recommend that it be drawn up and approved when the internal labor regulations do not stipulate the procedure for granting, transferring and paying vacations to employees.

Also see:

• Are weekends included in vacation?
• Are holidays, non-working days and weekends included in vacation?

Basic moments

The regulations on vacations (hereinafter referred to as the Regulations) are drawn up in any form in compliance with internal rules for the preparation of organizational and administrative documents.

We recommend that you indicate in the Regulations all the main points regarding the registration of vacations. Namely:

• what holidays are provided;
• how the application for leave and its transfer are coordinated;
• at what rate is vacation paid;
• how leave is provided with subsequent dismissal and other issues.

The regulations are approved by order. Once approved, this document becomes binding on all employees of the company.

Employees are familiarized with this order against signature on the familiarization sheet. For newly hired employees, the Regulations are included in the list of internal acts of the company, with which the new employee must be familiarized.

Let's consider the main points of the Regulations that we recommend including in it.

Rules for calculating vacation pay

Vacation pay must be accrued for all calendar days specified in the vacation application. If one or several days of vacation falls on holidays, then the vacation is extended by the number of these days.

To determine the amount of vacation pay

you need to multiply the average daily earnings by the number of vacation days. To calculate your average daily earnings, you need:

• determine the amount of payments for the 12 months preceding the vacation (we do not include vacation pay, sick leave, and average earnings during the business trip);
• divide the received amount of payments to the employee by 12 months;
• further divided by the average monthly number of calendar days – 29.3.

If the billing period has not been fully worked, then we multiply the number of months fully worked by 29.3 and add the total number of days in months not fully worked.

The last indicator is the most difficult in calculating vacation pay: the number of days worked

in a month, divide by the number of calendar days in a month and multiply by 29.3. That is, if an employee went on vacation in July and actually worked 20 days, the calculation of the number of days in the month not fully worked will be as follows:

20 / 31 × 29,3 = 18,9

For accrual of vacation pay in 2021, the calculation period will be 2021

– 12 months preceding the start of the vacation.

Types of vacations

Let us remind you that, in general, employees are entitled to standard leave of 28 calendar days . However, there are categories of employees who are entitled to additional leave. For example, minors or those who have irregular working hours.

If you need to refresh your knowledge about the categories of employees who are entitled to additional leave, we recommend that you read our article “Who is entitled to additional paid leave in 2020”.

Despite the fact that the law stipulates the obligation to provide additional days of rest only to certain categories of employees, the employer can also establish his own. Thus, employees will rest longer, work better after rest and hold on to their jobs.

EXAMPLE

The law provides for additional leave of 3 days per irregular working day. The regulations can establish, for example, an additional 5 days of rest rather than 3. Or establish that disabled people are given an additional 3 days of rest. This does not worsen the situation of employees, so the employer has the right to do this.

Also in the Leave Regulations it is necessary to specify the procedure for granting leaves at your own expense. After all, there are mandatory types of leave that should be provided in accordance with the law.

For example, there is an employer’s obligation to provide leave to an employee upon the birth of a child. You can read about this in the article “Is leave required at the birth of a child?”

It is also necessary to provide leave in connection with the death of a close relative.

You will learn about what kind of leave is provided for a wedding in the publication “How to take leave for a wedding.”

Commentary on Article 122 of the Labor Code of the Russian Federation

The right to use vacation for the first year of work arises for the employee after 6 months of his continuous work in this organization. By agreement of the parties, paid leave can be provided to the employee before the expiration of 6 months (Article 122 of the Labor Code of the Russian Federation).

Before the expiration of 6 months of continuous work, paid leave at the request of the employee must be provided (Article 122 of the Labor Code of the Russian Federation):

1) for women - before maternity leave or immediately after it;

2) employees under the age of 18;

3) employees who adopted a child under three months of age;

4) in other cases provided for by federal laws.

Leave for employees is granted for 28 calendar days. However, the vacation period does not include holidays.

When determining the duration of vacation, the organization's working hours (6-day or 5-day working week) do not matter.

This is the minimum duration guaranteed by law at the federal level. Therefore, annual basic leave cannot be less than 28 calendar days. However, it may exceed the specified number of days. This is done in two ways: regulatory and contractual. We are talking about extended basic leave provided to certain categories of workers in accordance with Part 2 of Article 115 of the Labor Code of the Russian Federation and other federal laws.

These categories include:

1) employees under 18 years of age (minimum duration of vacation - 31 calendar days);

2) disabled people (minimum duration of leave - 30 calendar days);

3) employees of child care institutions (minimum duration of leave - 42 calendar days);

4) employees of educational institutions and teachers (minimum duration of leave - from 42 to 56 calendar days);

5) prosecutors and investigators of the prosecutor's office (minimum duration of leave - 30 calendar days), etc.

People working part-time are granted annual paid leave simultaneously with leave for their main job (Article 286 of the Labor Code of the Russian Federation). If an employee has not worked for 6 months at a part-time job, leave is provided in advance.

As mentioned above, leave can be granted before the right to it accrues, i.e. in advance. In this case, the vacation must be complete, i.e. duration established by law, and also paid in full. The issue of the possibility of providing leave in advance can also be regulated in a collective agreement or other local regulatory act of the organization.

Vacation for the second and subsequent years of work can be granted at any time of the year in accordance with the vacation schedule.

The vacation schedule is drawn up no later than two weeks before the start of the calendar year. The schedule indicates the names of employees entitled to leave, their positions, the structural unit in which they work, the number of days and the planned period of leave.

It is prohibited not to provide leave to an employee for two consecutive years.

The next annual leave must be granted before the end of the current working year.

If the reasons preventing the employee from going on vacation occurred before it began, then the new period is determined by agreement with the employee.

Employees who have entered into an employment contract for a period of up to 2 months are provided with paid leave or compensation upon dismissal at the rate of two working days per month of work.

By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days (Article 125 of the Labor Code of Russia).

Annual paid leave by agreement between the employee and the employer is transferred to another period if the employee was not paid in a timely manner during this leave or the employee was notified about the start time of the leave less than two weeks before it began.

An employee going on vacation is paid average earnings (vacation pay).

Payment for vacation is made no later than three days before it starts.

The amount of vacation pay is subject to personal income tax, unified social tax, contributions to compulsory pension insurance and insurance against industrial accidents and occupational diseases in the usual manner.

The amount of vacation pay is calculated based on the employee’s average daily earnings. The general procedure for calculating average earnings when paying for vacation is established in Article 139 of the Labor Code of the Russian Federation.

The procedure for granting vacations

In the Leave Regulations, we recommend indicating for what period of work the employee is entitled to leave.

Thus, as a general rule, an employee is entitled to his first vacation only after completing 6 months of service with a specific employer. And then - according to the vacation schedule. To avoid questions, you can specify these standards in a local regulatory act.

For more information about when you can provide an employee with paid leave for the first year of work in the company, read the material “The right to the first leave.”

Often, due to their personal beliefs, employees prefer not to take the entire vacation, but divide it into parts. Not everyone knows that the law requires that one part of the vacation must be 14 calendar days . Therefore, this rule should be written down in the Regulations. However, officials do not recommend excessively splitting the vacation into parts, since in this case the employee will not be able to fully rest and regain his strength for the new working period.

Next, in the Regulations, specify the procedure for obtaining additional leave. How it can be taken: separately or can be added to the main vacation. This rule is not established , so it would be good if this is recorded in the employer’s document.

Order on granting leave (form T-6 and T-6a)

Home / Personnel documents

Any leave granted to an employee must be properly documented in the form of an order. Only in this case will all the rules of personnel records be observed.

This document also serves as the basis for calculating vacation pay and entering data into the time sheet.

To issue a leave order, two unified forms are most often used: T-6 and T-6a. Their main difference is that the first form is intended for registration of leave for one person, and the second, designated by the letter “a”, for registration of several employees at once.

Using the T-6a form, you can apply for only one person, there will be no mistakes here.

Download form T-6 or form T-6a

Download a sample of filling out form T-6 or form T-6a

Is it necessary to use these forms?

Starting from 2013, it is not necessary to use unified forms of personnel orders; accordingly, the employer has the right not to use forms T-6 and T-6a when registering vacations. You can develop your own form, or add or shorten the above. The main thing is that the use of the new form and its form must be approved by order of the organization.

But, despite this, most organizations continue to use unified forms as the most convenient and optimal.

Vacation registration

An order for granting leave is drawn up on the basis of one of two documents:

1. Vacation schedule for the current year;
2. Employee's application for leave.

As a rule, a leave order is issued by an employee of the HR department. Then a copy is sent to the accounting department for accrual of vacation pay. The original order is filed in the order book.

The period for issuing a vacation order is not defined by law, so when issuing it, you can focus on two periods:

• 3 days before the start of vacation is the deadline for paying vacation pay to the employee. Accordingly, the order must be issued 1-2 days earlier, that is, 4-5 days before the start of the employee’s vacation, so that the accounting department has time to calculate and transfer funds to the employee;
• 14 days before the start of vacation - the period within which the employee must be notified that he is going on vacation. In this situation, the order can be used as a written warning to the employee, familiarizing him with signature. This deadline cannot always be met, especially if the employee goes on vacation unscheduled.

This means that each organization can determine the deadline for issuing an order independently, the main thing is to comply with the deadlines established by law, indicated above.

Instructions for filling out form T-6

Form T-6 is used when only one employee needs to be sent on vacation. It is filled out in the following order:

Name of company

It should be included here in full, without abbreviations. This procedure is established by Decree of the State Standard of the Russian Federation dated March 3, 2003 No. 65-Art. It also clarifies that if the constituent documents contain an abbreviated name of the company, it may be indicated below the full name (or next to it in parentheses).

The above document is valid only until 07/01/2018, and then GOST R 7.0.97-2016 will come into force, but it also contains the same requirement regarding the name as a document requisite.

All the above rules fully apply to individual entrepreneurs.

OKPO code

Next to the name there is a small field reserved for OKPO; the data for filling it out is taken from the list of codes issued by statistical authorities when registering a company. But leaving this field empty will not be a serious mistake.

If personnel records are maintained in specialized programs, then the OKPO code can be entered into the company details, and it will be automatically entered in each order.

Structural unit where the employee works

If the organization does not have such a division, then this line can be left blank.

Employee position

Its name is entered exactly as it is indicated in the staffing table and employment contract.

Line “During the period of work with...”

This line is intended to enter information about for what working period vacation is granted. It can be left empty if the type of leave on which the employee is sent does not depend on periods of work, for example, study leave.

On the other hand, this period must be indicated when a person goes on annual paid leave and all other leaves, the duration of which is regulated for a year, that is, when a certain number of days of rest are due in one working year (main, additional, for irregular working days , for special working conditions).

Letter "A"

This line is intended for entering information about the number of days of annual basic paid leave. The number of days and the period during which this leave is granted is indicated.

Letter "B"

The line is intended to reflect the duration of all other leaves (without pay, additional, educational). The type of leave, number of days and period are indicated.

Letter "B"

The line is intended to reflect the total number of vacation days. All vacation days are summed up, and the period is marked with the start date of the first vacation and the end date of the second vacation. If only line “A” or line “B” is completed, then it will coincide with line “C”.

The final stage of placing an order is signatures. The completed form is signed by the head of the organization, and then the personnel officer introduces it to the employee against signature.

The following features of the T-6 form can be distinguished:

• With its help, you can only take two vacations. If an employee is granted more vacations in a row, then another form will need to be filled out;
• If there is at least one working day between the employee’s vacations, then it is necessary to issue two orders, since in this case the final vacation line (line “B”) will reflect incorrect information.

Sample of filling out form T-6

Instructions for filling out form T-6a

Form T-6a is taken when leave is issued for several employees at once.

Basic details of the order: name of the organization, date and number are filled out in the same way as in the previous form. The further part of the order is presented in tabular form:

1. Last name, first name, patronymic of employees going on vacation;
2. Personnel number – indicated if available;
3. Structural unit – indicated if available;
4. Name of the employee's position;
5. How many days of basic paid leave did the employee receive;
6. Number of days of other types of vacation. The days are put, and next to it, in brackets, the type of rest is indicated;
7. Start date of the working year for which leave is granted;
8. End date of the work period;
9. The total amount of calendar days of all vacations;
10. Vacation start date – set the start date of the first vacation;
11. Vacation end date – indicates the last day of the last vacation;
12. The employee’s signature confirms that he has read the order.

After drawing up, the order is signed by the head of the organization.

The main difference in filling out the T-6a form from the previous one is that vacation periods are entered once and immediately cover all vacations, that is, there is no allocation of periods for each of the vacations.

As in the T-6 form, this form can reflect no more than two types of leave per employee, but it is possible to enter it several times in one order. You can also enter one employee several times if he goes on continuous main leave, but it is provided for different periods of work.

Sample of filling out form T-6a

Read in more detail: Vacation order (form T-6 and T-6a, sample + instructions)

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Documentation of vacation

special attention to this section . And it should even be supplemented with application forms so that employees do not make mistakes.

It’s worth starting by indicating the timing for preparing the vacation schedule . This is the main document regulating the order of granting leave - both basic and additional.

You can read the article on registration - “How to draw up and approve a vacation schedule: sample orders.”

According to the law, the vacation schedule does not need to be agreed upon with employees - by virtue of Part 1 of Art. 123 Labor Code of the Russian Federation. However, there are employees whose wishes the employer has no right to ignore. Such employees go on vacation when it is convenient for them.

This issue is discussed in more detail in the article “How to draw up and approve a vacation schedule for 2020.”

The Regulations should also specify the procedure for notifying an employee about an upcoming vacation. This can be done in writing or via corporate email. Many companies set up automatic sending of such notifications from the program in which they keep track of salaries.

We recommend specifying in the local act the period within which the employee must write an application for unscheduled leave. And separately describe the procedure for granting student (educational) leave.

If the Regulations do not describe the procedure and form for notifying the employer about the grounds for extending leave, you will have a headache at the end of the leave when the employee does not return to work. Many workers believe that vacation is automatically extended in case of illness. However, they do not know that they must somehow notify their employer about this.

Another comment on Art. 122 Labor Code of the Russian Federation

1. Paid leave must be provided to the employee annually, i.e. for each working year. On the concept of a working year, see paragraph 6 of the commentary to Art. 114 Labor Code of the Russian Federation.

2. Establishing that the right to leave for the first year of work arises for an employee after six months of his continuous work with a given employer, Art. 122 of the Labor Code of the Russian Federation simultaneously contains a list of cases when the next leave at the request of an employee must be granted before the expiration of this period.

This is important to know: How vacation pay is paid in 2021: procedure and timing of issuance

Other cases provided for by federal laws when an employer is obliged to provide leave before the expiration of a six-month period of continuous work include: granting a husband, at his request, annual leave while his wife is on maternity leave, regardless of the time of his continuous work for this employer (see Part 4 of Article 123 of the Labor Code of the Russian Federation and commentary thereto); providing a person working part-time with paid leave simultaneously with leave from the main job if the employee has not worked for six months at part-time work (see Part 1 of Article 286 of the Labor Code of the Russian Federation and the commentary thereto).

Before the expiration of the six-month period, leave may be granted to the employee even in the absence of the specified grounds, if an agreement is reached on this by the parties to the employment contract.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

3. The duration of leave granted before the end of the working year must be equal to the full duration of annual leave. Accordingly, the average salary is paid for the entire period of leave granted to the employee.

If an employee is dismissed before the end of the working year for which he received annual paid leave, a deduction is made from the employee’s salary to pay off his debt for unworked vacation days. Deductions for these days are not made if the employee is dismissed for the following reasons:

due to the employee’s refusal to transfer to another job required by him in accordance with a medical report, or the employer’s lack of appropriate work;

in connection with the liquidation of an organization or termination of activities by an individual entrepreneur;

due to a reduction in the number or staff of an organization or individual entrepreneur;

if the head of the organization, his deputy or chief accountant resign due to a change in the owner of the organization’s property;

when an employee is called up for military service or sent to an alternative civilian service that replaces it;

when an employee who previously performed this work is reinstated by decision of the state labor inspectorate or court;

if the employee is recognized as completely incapable of working in accordance with a medical report;

in the event of the death of an employee or employer - an individual, as well as when the court recognizes the employee or employer - an individual as deceased or missing;

upon the occurrence of emergency circumstances that prevent the continuation of labor relations (see Article 137 of the Labor Code of the Russian Federation and commentary thereto).

Annual leave without loss of position and average salary is guaranteed to all employees by Article 114 of the Labor Code of the Russian Federation. Any employee working under an employment contract is entitled to 28 vacation days per year, and some categories are also granted additional vacations. We will consider further how vacation payment is made under the Labor Code.

Transfer and recall from vacation

Be sure to specify in the Regulations the procedure for transferring and recalling an employee from vacation.

Due to the fact that not all employees can be recalled from vacation, and written consent to recall is required from the permitted categories, please in detail the procedure for recalling employees from vacation.

It would not be superfluous to indicate in the Regulations that recall from vacation is possible only if the norms of Part 1 of Art. 125 Labor Code of the Russian Federation. In this case, the employee will not lose the opportunity to take 2 weeks of compulsory vacation.

Transfer of vacation is possible at the request of the manager or on the personal initiative of the employee. However, the manager’s request can be ignored , since the employee has the right to go on vacation in accordance with the approved vacation schedule.

There may be situations when the employee himself may need to reschedule his planned vacation. Thus, during the coronavirus 2021 pandemic, restrictions on air travel and closure of state borders, many workers canceled their vacations.

You can read more about transferring vacation in the article “Rules for transferring vacation.”

How is vacation paid under the Labor Code of the Russian Federation in 2021?

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

While the employee is on vacation, he retains his place of work (position), as well as his average earnings (Article 114 of the Labor Code of the Russian Federation). Already from this norm of the Labor Code of the Russian Federation it is clear that vacation payment is made based on the employee’s average earnings.

Calculating vacation in 2021 should begin by determining the calculation period. If a person has been working at his place of work for more than a year, this is 12 calendar months preceding the month the vacation begins (clause 4 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922). Those. When calculating vacation pay, you will need to use the employee’s income received during these 12 months. In this case, a calendar month is the period from the first to the last day of the month inclusive.

Example.

The manager has been working at Parma LLC since February 5, 2021. From June 3, 2021, in accordance with the vacation schedule, he must be granted annual paid leave. His average earnings will be determined for the billing period - from June 1, 2021 to May 31, 2021.

Example. Calculation of vacation pay for a fully worked pay period in 2021

Solution.

Vacation payment procedure

This procedure should be especially detailed if the employer is located in the Far North or an equivalent area. If there is no separate document regulating the procedure for compensation for travel to and from vacation, this should be stated in the Regulations.

The procedure for paying for vacation is payment of vacation pay 3 days before the start of the vacation. If this deadline is not met, the employee has the right to cancel his vacation.

Procedure for going on regular paid annual leave

Article 119 of the Labor Code guarantees employees annual leave while maintaining average earnings for the period of absence in the form of vacation pay.

The main part of paid rest is 28 days, plus additional days may be added for the nature of the work, dangerous and hard work, age, and performance of work in certain positions.

All days of primary and additional leave provided must be paid. The accountant calculates vacation pay based on the employee's income.

To go on another vacation, an employee does not always need to write a statement. If the employer has provided rest dates in advance in the T-7 schedule, then no action is required from the employee.

It is enough to wait for the set date, read the order, receive vacation pay and go on vacation.

The employer is required to notify the employee no later than 2 weeks in advance about the upcoming vacation, draw up a number of documents, and pay vacation pay in a timely manner.

In general, the procedure for providing regular paid rest is stated in Article 122 of the Labor Code of the Russian Federation.

The registration procedure includes the following steps:

• Step 1. Notifying the employee about vacation dates 2 weeks or earlier (if there is no schedule, then the employee writes a statement).
• Step 2. Drawing up a vacation order 3 days before the start of the vacation and familiarizing the employee with it.
• Step 3. Calculation and payment of vacation pay.
• Step 4. Preparation of personnel documents.

What documents need to be completed?

When granting another leave to an employee, the following documents may be drawn up:

• schedule T-7 - drawn up in December of the previous year and establishes the procedure for going on vacation;
• notification of vacation - can be prepared 2 weeks before the start of the vacation, if the employee is not notified in another way earlier;
• statement from the employee - if vacation time is not provided according to schedule, there is no vacation schedule or the employee is not included in the schedule;
• vacation order - can be drawn up in the T-6 form, contains an order to provide the employee with regular rest, accrue and pay him vacation pay;
• calculation note T-60 – required for calculating vacation pay;
• personal card T-2 - section 8 is filled out, information about the annual paid leave provided is indicated;
• time sheet - codes are entered instead of attendance corresponding to annual leave - OT or 09 (OD or 10 for additional paid days).

How to write a statement to an employee?

An employee must complete an application in the following cases:

• the employee is not included in the T-7 schedule - for example, because he was hired in the current year;
• the organization does not have a schedule - for example, because the company is a micro-enterprise and is not required to maintain this schedule;
• vacation time is granted on dates other than those indicated in the schedule.

If the start date of the vacation exactly matches that indicated in the T-7 form, then the employee does not need to write a statement.

Download an application for the next vacation - sample.

This is what the sample looks like:

Rules for drawing up an order

The employer is obliged to issue an order no later than 3 days before the employee leaves.

You can draw up an order earlier, for example, 2 weeks in advance and provide it to the employee for review. In this way, the obligation to notify about the start of a vacation can be fulfilled.

The order is issued using the free or standard form T-6. If several employees go on vacation at the same time, you can fill out form T-6a.

The order indicates the duration provided, the start and end date of the vacation.

Download the order for granting annual leave - sample.

This is what the sample looks like:

Filling out personnel documentation

Based on the order, the following personnel documents are filled out:

• note-calculation T-60 for calculating vacation pay;
• personal card T-2;
• report card T-12 or T-13.

The calculation note is first filled out by a personnel specialist based on the order, then the document is sent to the accounting department for calculating vacation pay.

Download the calculation note form T-60 – sample.

This is what the sample looks like:

In the personal card, the personnel officer enters data on the granted paid leave in section 8.

Section 8 states:

• name, working year;
• duration;
• start and end date of vacation;
• details of order T-6.

From the first day of vacation the following marks are placed on the report card:

• OT or 09 – for the main part of the annual holiday;
• OD or 10 – for an additional part.

Sample Leave Regulations

As is clear, the Vacation Regulations are a rather complex document in which many points need to be taken into account. It is especially important to reflect those cases that are not clearly stated in labor legislation or variations are possible .

Our specialists have developed a sample Leave Regulations. You can download it for free and supplement it with the necessary rules that apply specifically to your organization.

EXAMPLE OF LEAVE PROVISIONS

The regulations are usually approved by order. It indicates the start date of application of the Regulations. is not necessary to do this . You can indicate in the upper right corner of the Application:

• approved;
• date of;
• job title;
• signature;
• decoding full name leader.

This will also have legal force.

Why do you need a position?

The grounds, procedure and conditions for providing legal days off to employees are contained in the Labor Code. It does not require the employer to have a leave provision. But the adoption of such a document will be extremely useful both for employees and for the employer himself: it can cover in detail certain issues of granting leave that are not regulated by current legislation and are left to the discretion of the parties. For example:

• rules for granting administrative leave to employees. You can specify the conditions under which the employee can count on it;
• issues regarding the provision of additional rest, the rules of which are not established at the legislative level, but are left to the agreement of the parties;
• nuances of granting study leave to employees;
• questions about combining or using parts of vacations, as well as the procedure for paying for such time;
• a list of necessary documents that an employee must provide when applying for a particular type of vacation, etc.

In addition, the vacation provision may contain answers to questions regarding vacation payments.

When drawing up a document, you should remember that its norms should not worsen the conditions for providing rest existing in labor legislation (according to Article 8 of the Labor Code of the Russian Federation). For example, when setting the duration of leave for work in hazardous conditions, an employer can provide employees with ten days instead of seven. But no less than what is provided for in Art. 117 Labor Code of the Russian Federation.

How to familiarize employees with the Regulations

all employees without exception with an employment with the Regulations . To do this, you need to fill out a familiarization sheet or a special journal .

The introduction sheet might look like this:

If the employee does not want to get acquainted with the Regulations, read this document to him in front of witnesses. Next, draw up a statement that the employee has been familiarized with it orally. Despite the fact that the employee’s signature is not in the Regulations, this will not relieve the employee of the obligation to act in accordance with the document.