An employee goes on vacation unscheduled
However, this cannot be a reason for denying a new employee leave.
He has the right to write an application for leave and, if the employer gives his consent, take it off at a time convenient for himself and the employer. The visa of the head of the enterprise on the application will be confirmation of the agreement reached on the vacation period. The need and procedure for making changes to the vacation schedule are not defined by law. If the employer decides to change the vacation schedule, then this should be done in the same order as the main schedule was approved. It is advisable, with a certain frequency, to draw up an additional schedule to the main approved vacation schedule using the same T-7 form, including newly hired employees who did not start working for the company from the beginning of the year.
- , financial law expert
What to do if your boss doesn’t sign a vacation application
A widespread situation in practice is when an employee has an immediate superior, who at the same time is not the director (manager) of the organization, and his signature on the application is necessary for the further movement of the document.
In such a situation, you need to remember that, according to Part 2 of Art. 56 of the Labor Code of the Russian Federation, the party to the labor relationship is the employer, whose powers are exercised by the head of the organization (he is the one who has the right to sign employment contracts, issue orders, etc.).
Therefore, if, by virtue of the provisions of the Labor Code of the Russian Federation, an employee is entitled to leave at a time convenient for him, then the signature of his immediate superior is also not required.
However, if an employee requires leave for reasons not provided for in Art. 123 and 124 of the Labor Code of the Russian Federation (at a convenient time), then the decision on the possibility of releasing an employee will, as a rule, be made by the immediate superior. In this case, in practice, a positive solution to the issue will depend on his visa on the application.
Find out also “What is the penalty for late payment of vacation pay?”
How to issue a vacation order for an employee
Providing leave to employees and the procedure prescribing how to issue an order for leave are regulated by Article 19 of the Labor Code of the Russian Federation. The HR specialist must record the granting of vacation with an order for the enterprise, on the basis of which the accounting department will calculate vacation pay and reflect this event in accounting.
It is allowed to compile for vacation, including several employees going on vacation at once.
Suitcase mood, plane tickets, sea, sun, beach and anticipation of a good holiday. To prevent your plans from being derailed, you need to follow a few simple legal procedures. After all, it is extremely unpleasant to find yourself in a situation where tickets have been purchased, but the boss has not signed the order. Or even return from vacation and find out that you were fired for absenteeism. Do you think this is impossible? Quite! Can your boss pester you with calls? Let's figure it out.
Formally, the HR department (personnel department) should notify you 2 weeks in advance against signature, but this rule is rarely observed. In practice, most often it all starts with going to the personnel department (personnel department) and writing a leave application there.
Providing leave to an employee in 2021 - the basics of the Labor Code of the Russian Federation
Vacation is a joyful event for every employee. In order not to ruin your colleague’s mood, you should draw up an appropriate order in accordance with the requirements of regulatory documents.
Grounds for issuing the order
According to the norms of the Labor Code of the Russian Federation, the basis for granting leave is the necessary information for drawing up an order. It would be useful to familiarize yourself with all the changes and additions regarding vacations that apply in 2021.
Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on February 5, 2018)
The employee must write an application for each type of leave
Tell me, is it possible to go on vacation without reading the order?
Since the Labor Code of the Russian Federation does not provide that leave is granted at the request of the employee and on the basis of the order of the manager, the statement and order are not mandatory documents.
We suggest you read: Extend the contract until one of the parties
The legality of using vacation without an appropriate order is confirmed by judicial practice.
Thus, in the cassation ruling of the Rostov Regional Court dated March 19, 2012 in case No. 33-3250, the court found that failure to notify an employee of the grant of leave indicates a failure by the employer and cannot limit the employee’s labor rights. At the same time, the argument about the lack of respect for the reasons for the employee’s absence is unfounded, since his leave was planned based on the schedule and agreed with the immediate supervisor.
Situation 7: holidays on weekends
Let’s imagine a similar situation when an employee asks to provide part of their vacation on weekends, because the legislation does not contain a direct prohibition on this.
