We are sending you on vacation - we need an order
When granting leave to an employee, you must remember to make an order. This is the job of HR officers, and such an order must be made in advance, two weeks before the employee’s vacation begins. The vacationer must sign the order, thereby confirming that he was informed about the vacation (for more information, see “Order for vacation: sample 2017”).
To fill out an order, forms No. T-6 or No. T-6a are usually used, depending on how many workers go on vacation at the same time: one or several.
Delivery on schedule
Important! The schedule is set no later than two weeks before the next calendar year begins, that is, in the middle of the last month - December. According to Article 123 of the Labor Code of the Russian Federation, such a document must be maintained in a company. Otherwise, the violator faces penalties, as provided for in Article 5.27 of the Code of Administrative Offences.
The form (T7) is indicated in the State Statistics Service Resolution of 2004. It should contain the names of the employees who are going on vacation, their positions and departments where they work, as well as, of course, the number of days provided. After the HR department has agreed on this issue with all employees, the project is signed by the head of the department.
The document is equally important for both employees and the employer. However, if necessary, you can deviate from it somewhat. This occurs upon the employee’s request to change the time. If the employer agrees to this, then he reflects the new leave and period of work in the leave order.
The priority of rest is provided by law, as well as by the initiative of the employer. In the latter case, he must confirm his decision by order. The employee also writes a statement expressing consent to this decision. The employee should be informed about the start of the holiday no later than half a month before it starts. The latter must sign this on his personal card.
According to the law, the duration of paid leave provided each year is 28 days. This is stated in Art. 115 and 120 of the Labor Code of the Russian Federation. But if holidays occur during this period, then in accordance with Part 1 of Art. 120 of the Labor Code of the Russian Federation, they are not included in the number of days of rest. According to the law, such days include New Year, Christmas, February 23 and March 8, May 1, Russia Day, as well as National Unity Day.
Source of the article: https://kadrovyhdel.ru/otpusk/period-raboty-v-prikaze.html
Fill in the column “for the period of work”
Sometimes, when drawing up a vacation order, HR specialists have difficulty filling out the column “for the period of work.” The work period means the working year for which the employee is granted leave.
It is important to understand that the working year usually has nothing to do with the calendar year. Since the employee has the right to vacation for each year of work in the organization, in this column of the order it is necessary to indicate the working year, vacation for which it is used (Article 122 of the Labor Code of the Russian Federation, letter of Rostrud dated June 14, 2012 No. 854-6-1).
So, for example, if an employee has not gone on vacation since he was hired, and he has accumulated vacations, then in the column “during the period of work” the employee’s first working year in the company should be indicated.
The employee started working on April 1, 2015. Since his employment, he has never been on vacation. In February 2021, he decided to take a vacation for 28 calendar days. The working year for which leave is granted will be the time interval from April 1, 2015 to March 30, 2021. It is these dates that the personnel officer must indicate in the order.
This is the general procedure for determining an employee’s working year. It applies, including when vacation is granted in advance (for more information, see “Order for vacation in advance: determining the working year”).
Let us add that there are cases when an employee experiences periods that do not entitle them to leave (for more information on this, see “Working year for annual leave: which periods are included”).
Did you like the article? Share the link with your friends:
Rationale
The right to leave must be indicated in the order, which is drawn up in free form, accepted in a specific organization or unified T6 (T6a). In the case where special documents about the beginning of the period are not drawn up, the order must be written no later than two weeks before its start, and the employee should be introduced to it.
Using an example, it is convenient to consider how to correctly indicate the vacation period. In the T6 form, write the working year. At the request of the employee, annual vacation can be postponed to a future period only if this coincides with the need for production, that is, if the vacation at a certain time will adversely affect the functioning of the company. Time granted for previous years may be granted for the current year. There are no conditions in the law under which they must be implemented in chronological order.
Period of work in the vacation order
Dear expert, I have a question about vacations. Employee Ivanova got a job on February 3, 2015. In 2015 went on vacation for the period of work from 02/3/2016 to 02/2/2016. for 28 cal. days from December 1, 2015 In 2016 OK indicates in the vacation order from 07/01/2016 on 14 cal. days for the period 02/03/2016 to 02/02/2017. Do I need to indicate the period 02/03/2016 to 08/02/2016? because there is a possibility that the employee may until February 2, 2017. quit?
Lyudmila Abramova answers,
expert
The HR department indicated the correct period of work.
The vacation order indicates the working year
. for which the employee is granted leave. The assumption that the employee may quit will not affect the determination of the period for which leave is granted.
Example No. 1
For clarity, we can consider a specific case. Accountant of the company A.A. Ivanov began work on December 11, 2015. Until December 10, 2021, he did not use his time, transferring it to the next year. Thus, in 2021 he can receive:
- 28 days for the period from December 11, 2015 to December 10, 2016;
- 28 days for the period from December 11, 2021 to December 10, 2017.
- from June 3 to June 30, 2021 – 28 days;
- from July 2 to July 15, 2021 – 14 days;
- from October 6 to October 19, 2021 – 14 days.
When filling out T6, the accountant indicates the time when the vacation was granted, namely:
- from 06/3/2017 to 06/30/2017 for the period of work from 12/11/2015 to 12/10/2016;
- from 07/2/2017 to 07/15/2017 for work from 12/11/2016 to 12/10/2017;
- from 10/6/2017 to 10/19/2017 for work from 12/11/2016 to 12/10/2017.
Period of work for vacation
Paid leave is provided to the employee annually. The order for the next paid leave indicates the period of work for which the employee is granted leave.
How is this period determined? The countdown starts from the date of hire.
Example 1. An employee was hired on August 15, 2010. The beginning of the work period for which leave will be granted. – 08/15/2010
Starting from August 15, 2010, the calendar year begins, for which the employee is granted leave. If you count one year from 08/15/2010. then the end of the period is 08/14/2011. This means that the period of work for which the employee will be granted the first leave: 08/15/2010 – 08/14/2011. But this is if the employee was not absent from work without good reason, was not on maternity leave, or on vacation without maintaining content exceeding 14 calendar days.
For the second and subsequent years, leave is granted at any time in accordance with the priority of provision established by the employer. The main thing is to comply with the condition - only one annual paid leave can be provided for one working year (work period).
Example 2. Inna Ivanovna Ivanova was hired as a secretary on September 10, 2009. Vacation for the period of work from September 10, 2009 to September 9, 2010 - 28 k.d. she used.
From November 19, 2010 to May 19, 2012, she was granted leave to care for her child until he was one and a half years old. How to calculate the period of work for which she should be granted the next vacation? If parental leave had not been provided, the period would have been 09/10/2010-09/09/2011.
In this period, there is length of service that gives the right to annual paid leave (09.10.2010 - 11.18.2010, it is equal to 2 months 8 days (2.26). Which is 28:12 * 2.26 = approximately 5 calendar days of vacation.
During this period, the employee is entitled to leave of 5 calendar days.
The next period for granting leave is 09/10/2011-09/09/2012. Until May 19, 2012, the employee continued to be on maternity leave. The time of parental leave is not included in the length of service that gives the right to annual basic paid leave (Article 121 of the Labor Code of the Russian Federation). The period of work from 05/20/2012 to 09/09/2012 is included in the vacation experience. Which is 3 months 19 days or 3.63 months. During this period, the employee’s vacation will be 8 calendar days.
In addition to the order for granting leave, the period of work for which leave was granted is indicated in the employee’s personal card
Example No. 3
Another situation is when the employee also has days for which the length of service was excluded.
Thus, economist V.V. Volkova started work on February 11, 2021. Thus, her first year lasted until February 10, 2021. During this time, the employee received her annual vacation. From March 3 to March 24, she was given leave at her own expense, that is, lasting 22 days. However, only 14 days of service will count towards the paid period. The remaining 8 days will be excluded from the length of service. She will be granted standard leave in December 2021.
When filling out T6, the accountant recorded the time during which the employee was given rest: from February 11, 2021 to February 18, 2021. Thus, the end of the period moved by 8 days.
“Period of work for vacation”
Good afternoon What legal norms and articles of the Labor Code should be referred to when determining the period for annual leave? This is the situation: the period for providing annual leave to an employee is from December 15, 2014 to December 14, 2015. The employee was not fired, but on June 15, 2015, his employment contract expired, and the term of the contract was changed by an additional agreement. I know for sure that the vacation period remains the same. But the employee has a different opinion. How can I document my case?
July 20, 2015, 20:06
Elena, if a fixed-term contract was drawn up, but the employee was not fired, then it will be transformed into an indefinite one. Operating period from 12/15/2014 – 12/14/2015. The employee was not fired, compensation was not paid for the vacation, which means he continued to work and the period of work remains from December 15, 2014.
Good evening! Please explain whether the preferential length of service for a teacher (for calculating a pension for length of service) will include the period of work in an orphanage as a teacher-organizer at 0.5 rates for 6 months? Then there was 2 months of vacation, and in August I went to work at a school for 1.5 times as a teacher (that is, the standard hours worked out over the year or is it not added up from different places of work?)
January 9, 2021, 20:51
Marina, the period of working in an orphanage as a teacher-organizer at 0.5 rates will not be included in the preferential length of service. The period of working as a teacher will be included. It doesn’t matter here whether they worked at 1.5 rates. The production rate is not summed up for different periods of work. It is necessary that the production norm be met in each month.
January 13, 2021, 21:23
Hello. I carefully read your answers to the questions posed about the length of service of teachers, but, unfortunately, the thread is closed (I couldn’t find it anywhere in that thread), so I’m writing my question here. Please tell me if parental leave was divided into two parts: from the birth of a child to 1.5 years old and from 1.5 to 3 years old. The first leave was granted on 05/11/1992, and the second - immediately after the first, but in 1993 (by separate order), I didn’t go to work after the first one. Will the second leave be included in the teaching service? Thank you so much for all your attention and patience!
Let's sum it up
- Any employee has the right to annual rest, the minimum length of which is established by law. Those working under certain conditions are provided with additional days of annual rest. Thus, compulsory annual rest is always tied to a specific year. However, this year is not a calendar year, but a working year, the start and end dates of which are set personally for each employee. The beginning of the countdown of the first such year coincides with the date of employment with the employer providing leave, and the end date, if there are periods in the working year that do not give the right to grant leave, may shift to a later date in comparison with the one that fixes a period of time equal to a year.
- Keeping records of vacations in relation to years and reflecting each specific year in the vacation order is necessary in order to ensure the complete use of vacation time. This is especially true for situations where vacation is divided into parts, postponed, extended or replaced with monetary compensation. Postponement of vacation may lead to its shift to the next year.
- The next vacation may be provided in advance. In this case, the working year to which it relates must still be shown in the order. The year for such leave is usually reflected as a full year, and all possible upcoming changes in the length of service giving the right to rest will be taken into account for the end date of the working year later.
- There are often cases of combining vacation days granted for different years into one rest period. To ensure correct accounting of the use of rest for each such year in the vacation order, the total number of days of rest must be divided by year or 2 different orders must be generated (for each year), allowing the vacation not to be interrupted by the dates given in it.
- The presence of breaks in the length of service giving the right to another vacation leads to the loss of the opportunity to take advantage of the vacation if the break covers the entire working year (for example, during parental leave). A short break will not affect the possibility of receiving the next annual leave, nor the number of days of rest, but will lead to a shift to a later date of the start of the next working year. Such a shift will record a decrease in the number of vacation days due to the employee, but will actually be taken into account only at the time of his dismissal when calculating compensation for unused vacation or determining the amount of deduction for days of rest taken in advance.
If you find an error, please select a piece of text and press Ctrl+Enter.
Source of the article: https://blogkadrovika.ru/prikaz-na-otpusk/
