How to issue an order to amend the vacation schedule + samples

Why is the vacation schedule changing?

Every year, the management of the enterprise signs documents establishing the order of vacations, taking into account not only their own interests, but also the interests of employees (Article 123 of the Labor Code of the Russian Federation).

To take into account the order of rest of employees, the HR department of an enterprise can use the T-7 form (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1), it is also possible to develop the form independently (Law “On Accounting” dated December 6, 2011 No. 402-FZ) .

For a sample of form No. T-7, see the article “Unified form No. T-7 - vacation schedule.”

All departments of the enterprise have their own order of rest.

Despite the fact that all vacations at the enterprise are agreed upon, circumstances requiring changes arise. And sometimes several times a year.

Reasons for this may be:

• hiring workers after agreeing on a vacation schedule;
• the employee did not want to go on vacation on the agreed dates and asks to postpone his vacation to other dates;
• vacationer's sick leave;
• events occur at the enterprise that force the employee to be asked to interrupt his vacation;
• violation of deadlines for payment of vacation pay and (or) notification of the start date of vacation.

Before making changes to the vacation schedule, you must make sure that the employees whose vacation is planned to be postponed have not missed or rescheduled it for 2 years in a row. Even if he himself asks for a supervisor, it will not be legal.

Find out whether you need to make changes to the vacation schedule in connection with the extension of annual paid leave from the ConsulantPlus ready-made solution. Get trial access to the system and see recommendations for free.

Registration of vacation transfer

When applying for a rescheduled vacation, the main document is the employee’s application. The application is drawn up in any form and signed personally.

The application must be accompanied by documents on the basis of which the application is written. For example, a copy of a certificate of incapacity for work, a copy of a subpoena and similar.

Sample application

To the Director of LLC "Znanie"

From the database operator

on the transfer of part of annual leave

I, M.N. Zotova, was granted annual paid leave from October 2 to October 29, 2021.

Expert opinion

Mikhailov Vladislav Ivanovich

Lawyer with 6 years of experience. Specializes in family law. Knows everything about the law.

I would like to inform you that from October 5 to October 12, 2021 (8 calendar days) I was sick, a certificate of temporary incapacity for work is attached.

Considering the above, I ask you to transfer the remaining 8 calendar days of vacation to the period from October 30 to November 7, 2017

11/30/2017 ________________ Zotova M.N.

Order to amend the vacation schedule

How to make changes to the vacation schedule? When circumstances arise at an enterprise that require changes to the current vacation schedule, you need to act as follows:

For the form and sample application for rescheduling leave, see the following materials:

• “Application for transfer of vacation - form and sample”;
• “Order on approval of the vacation schedule - sample (2020 - 2021).”

For how long to store applications and orders in the archives of the enterprise, read the article “What is the storage period for applications and orders for leave?”

Example

According to the vacation schedule, O.Yu. Kovalchuk, an employee of Zvezda LLC, must go on vacation from 06/07/2021 to 07/04/2021.

Close relatives unexpectedly come to visit him. Knowing his right to postpone his vacation, he writes a statement to the head of Zvezda LLC and asks to postpone his vacation for personal reasons from June 7 to May 17, 2021.

The manager, having no compelling reason to refuse the request of employee O.Yu. Kovalchuk, orders the issuance of an order to postpone the vacation and make appropriate changes to the vacation schedule.

Impact of force majeure on vacation duration

In the event of an employee's illness or performance of such government duties that free the person from performing activities at his main job, the time of annual leave is extended or postponed. If the employer does not pay the employee’s vacation on time or does not warn him two weeks before it starts, he has the right to demand its postponement.

The procedure must be documented by the employee writing a statement requesting a transfer. Externally, the situation is formalized as a postponement of rest time by agreement of the parties.

Making changes to the vacation schedule - sample

The HR department decides how to change the vacation schedule. The choice depends on the specific case.

New footage

What to do with the vacation schedule if, after its approval, new employees are hired by the enterprise?

There are 2 options:

1. Draw up an additional schedule. It is compiled only on the basis of data from new employees. The title indicates that this is an additional sheet to the main schedule.

2. Do not make any additions. Take into account vacations of new employees, using their vacation applications and issued orders as a basis. Record all information in your personal card.

Transfer at the request of the employee

The employee has the right to postpone the dates of his vacation or divide it into several. He needs to ask management about this in writing. The application indicates not only the reason for the transfer, but also the dates of the desired vacation (Article 124 of the Labor Code of the Russian Federation). The manager endorses the application. An order is issued. When form No. T-7 is used to draw up a schedule, the changed data is entered in columns 8 (transfer order number), 9 (new vacation dates) and 10 (you can indicate what exactly served to postpone the vacation).

A sample of filling out changes to the vacation schedule can be seen by downloading the file from the link below.

Review from vacation

At any enterprise, a situation may arise that will require the employer to call a vacationing employee to work (Article 125 of the Labor Code of the Russian Federation). This cannot be done without his written consent to go to work. New data must be entered into form T-7: in column 8 indicate the number of the order on the basis of which the employee interrupted his vacation, in column 9 - new vacation dates, column 10 indicate the reason and date of the employee's recall.

How to properly recall an employee from vacation, read Art. “We are preparing a recall from an employee’s vacation - a sample order.”

An employee can take unused rest days at any time during the current or next working year.

An employee may refuse to return to work from vacation, and the employer has no right to punish him for this.

An employer cannot recall pregnant women, people working in harmful and dangerous industries, or workers under 18 years of age from leave.

Their going to work will be considered a violation, even if the workers themselves want to go to work and give written consent to this.

Temporary disability of an employee

There are situations when an employee takes sick leave before or during vacation. Under such circumstances, he can either extend his leave for a period corresponding to the period of sick leave, or transfer it to other dates (Article 124 of the Labor Code of the Russian Federation), but no later than 12 months after the end of the working year for which it is granted. In this case, changes to the T-7 form are made in columns 8, 9, 10.

How to apply for extension and transfer of vacation in case of illness, read the articles:

• “If an employee went on sick leave before vacation...”;
• “How to extend vacation for the period of sick leave during vacation?”

ConsultantPlus experts explained in detail how to make changes to the vacation schedule if the employee’s leave before maternity leave was not according to schedule. Get trial access to the system and find out the procedure.

Violation of deadlines for payment of vacation pay and notification of the start of vacation

Untimely payment of vacation pay (Article 136 of the Labor Code of the Russian Federation), untimely notification of the start of vacation (Article 124 of the Labor Code of the Russian Federation) are good reasons for postponing the date of vacation. If one of these events occurs, the employee will only need to ask the employer in writing to postpone the vacation to the required dates, and he will not be able to refuse to reschedule the dates and will be forced to make changes to the vacation schedule.

New data is also entered into Form No. T-7 in columns 8, 9, 10.

Transferring vacation to next year: features

Will the vacation be carried over to the next year? The law prohibits the direct transfer of vacation to the next year. This is possible if the days not taken off are added to the next part of the next vacation. If the employee and employer come to an agreement, the second part of the vacation may be increased. This does not contradict the law.

The start date of the next vacation, after agreeing on the changes, can be selected:

• in the current month;
• in the next or another month of the current year;
• next business year.

Note. Transfer to the next year is possible only within the working year. In labor legislation, it is not equal to the calendar year. A working year is 12 months from the date of registration of an employment relationship with a specific employee.

Rest can be postponed to any of the next 12 months or combined with days of the next working year. This is stipulated in Part 3 of Art. 124 Labor Code of the Russian Federation.

Briefly about monetary compensation. The Labor Code of the Russian Federation does not allow the payment of monetary compensation for the unused part of the vacation within 28 calendar days.

Results

Errors when making changes to the vacation schedule, just like violation of the rules for its registration, are sufficient grounds for bringing the management of the enterprise to administrative responsibility, including fines (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Take into account the nuances of this procedure and complete the documents correctly.

For more information about the fines that inspectors can impose for non-compliance with the rules for granting leave, read the article “What is the fine for failure to provide leave to an employee?”

Sources:

• Tax Code of the Russian Federation
• Labor Code of the Russian Federation
• Code of Administrative Offenses

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Features of issuing an order

The procedure for transferring vacation is fixed in Article 124 of the Labor Code of the Russian Federation. When performing the procedure, you need to take these nuances into account:

• Vacation dates must be recorded in schedule T-7.
• An order needs to be drawn up.
• The manager must comply with Goskomstat standards for storing local documentation.

Changes to the schedule are made based on the order of the manager. On its basis, adjustments are made to the employee’s personal card and accounting documents.

The form of the order is not regulated by law. And from this we can conclude that the order can be drawn up in free form. Most organizations approve their own form of such an order. But even if this form is not available, you need to follow the document preparation rules adopted by the company. The order must indicate the reason for postponing the vacation. If there are several such reasons, you need to highlight the main one.

IMPORTANT! Any adjustments regarding vacation must be reflected in the vacation schedule.

Errors in dismissal orders and their consequences

An order is a legal act issued by the head of an organization, acting on the basis of unity of command, to resolve the main tasks facing the organization (clause 93 of the Instructions for Office Management).

In the legal field, the order establishes the basic forms of management. In government bodies, organizations, economic or commercial structures, failure to comply with an employer's order is recognized as a violation of official or labor discipline and is the basis for bringing the guilty person to disciplinary liability, up to and including dismissal from work.

Orders issued in organizations are divided into 3 types: on core activities, on personnel and on administrative and economic issues. The dismissal order refers to orders regarding personnel.

Elements of the order for personnel:

– ascertaining and administrative parts. The ascertaining part sets out the goals, objectives, reasons, facts that served as the basis for issuing the administrative document. However, the ascertaining part in the administrative document may be absent if the administrative part does not need justification;

– basis for publication of the document. It is indicated at the end of each paragraph, and if the basis for issuing several paragraphs of the document is the same, it is indicated at the end of the text;

– the administrative part begins with a word that precisely designates the prescribed action (“ACCEPT”, “TRANSFER”, “DISARM”, etc.). The administrative word “I ORDER” can also be used in the texts of orders for personnel that are complex in structure.

The dismissal order must contain:

– a word denoting the prescribed action: “DISIGN” or “RELEASE FROM YOUR POSITION”;

– surname, first name and patronymic, if any, of the dismissed employee, position (profession) occupied by him;

– date of dismissal (release from position);

– grounds and reason for dismissal (with reference to the Labor Code article);

– information on the number of days of labor leave used;

– the basis for issuing the order (employee statement, letter from the organization requesting dismissal by transfer, summons, court order, etc.).

Error 1. Indicating the date of dismissal earlier than the date of issue of the order.

The date of termination of the employment contract in the order may precede the date of issuance of the dismissal order only in one case - when the employment contract is terminated due to the death of the employee. In this case, the date of dismissal will be the date of death. The order is issued only after receiving documentary evidence of the employee’s death, i.e. death certificates.

In all other cases, the date of dismissal cannot precede the date of the order. Otherwise, the employee will be reinstated.

IT IS IMPORTANT!

The date of dismissal and the date of issue of the order may coincide.

On the last day of work of the employee, the personnel officer issues an order, introduces it to the employee against signature, issues a work book and other documents, and the organization makes the final and full payment.

However, if an employee is fired for committing a disciplinary offense, the procedure established by Art. 199 TK.

Is it possible to inform an employee of the dismissal order in advance?

The dismissal order can be issued in advance. Labor legislation does not prohibit this. This is done when the day of dismissal falls on a weekend, for example, the order was issued on Thursday, and the dismissal is dated Saturday (the last day of the contract).

In this case, it is unacceptable to fire the employee on Monday. In practice, the personnel officer issues an order the day before, introduces it to the employee against his signature, and issues all the documents.

It is not prohibited to familiarize an employee with the dismissal order before the actual termination of the employment contract.

We do not recommend issuing an order in advance when the dismissal is carried out at the initiative of the employer. If on the day of dismissal an employee falls ill or suddenly finds himself on leave, it will not be possible to dismiss him until he returns to work.

Error 2. Indicating the incorrect wording of the grounds for dismissal.

The dismissal order must indicate the reason and basis for termination of the employment contract as they are formulated in the Labor Code or other regulatory legal act. In this case, it is necessary to make a link to the article of the Labor Code, its part, clause and subclause (if any).

IT IS IMPORTANT!

Do not abbreviate words either in the order or in the work book.

If you incorrectly formulate the grounds and reasons for dismissal, the employee will go to court. The court will proceed from the factual circumstances that served as the basis for the dismissal of the employee.

If the employer had legal grounds to terminate the employment contract and the dismissal procedure was carried out without violations, the employee will not be able to count on reinstatement.

In this case, the court will oblige the employer to change the wording of the grounds for dismissal if it finds that the employer had grounds for dismissal, but in the order indicated an incorrect or non-compliant wording of the reasons for dismissal.

Error 3. Documents are not specified - grounds for dismissal.

Any dismissal has grounds. An integral part of the order for personnel are the documents that served as the basis for issuing such an order. By the way, these documents will have to be presented to the court if the employee does not agree with the dismissal and decides to challenge it.

If the employee has written a letter of resignation, it must be registered in the journal and the date and registration number must be entered in it. If the dismissal occurs on the basis of the expiration of the employment agreement (contract), indicate the notification details in the order.

If dismissal is a disciplinary measure, list in the order all the documents that were drawn up during the procedure (Article 199 of the Labor Code). These may be acts of absence of an employee from the workplace or violation of labor discipline, memos, a written explanation of the employee, an act of refusal to provide an explanation, etc.

Documents - grounds for termination of an employment contract

We list such documents in the table.

Error 4. Signing an order by an unauthorized person.

Without the signature of an authorized person, the order has no legal force.

If an employee finds out that the dismissal order was signed by an unauthorized employee, he will have the right to demand that the order be declared invalid. From a legal point of view, such an order is just that.

The court may take the employee’s side even if it finds that the employee was fired on a legal basis and the dismissal procedure was followed without violations.

The manager can transfer the right to sign personnel documents if this is provided for in the constituent documents, order or power of attorney. For example, the deputy director of an organization, during the leave of the head of the organization, can issue an order to transfer an employee to another position, if such an action is carried out within the framework of the powers granted to him.

How to correct a journal entry according to the rules

Free consultation by phone: +7 (499) 495-49-41 For example: 489-LS. Information about the document, order of admission or transfer, dismissal, vacation.

For example: hiring, transfer to a senior salesperson. Data about the employee. For example: Ivanov I.I. If there are two employees in an organization with the same last name and initials, the first and middle names are written in full.

The law or document on the basis of which the order was made.

For example: employee statement dated July 15, 2016. Signature of the employee to whom the order applies. Placed after the employee has familiarized himself with the order. Data about who drew up the document and entered the data into the log. One of the mandatory personnel documents used to record document flow is the log of orders for personnel.

It is needed to prepare reports related to the movement of personnel - hiring, dismissal or transfer. A specially appointed employee is responsible for filling out the journal.

Official resolutions and functions On September 6, 2000, a decree of the Federal Archive was issued. So, according to Art. 358 personnel orders must be recorded separately in a special log of personnel orders.

Registration of orders can be carried out both in a paper journal and in the 1C program.

Two identification details of the order - date and registration number - are formalized first by filling out the corresponding columns of the registration journal, and then (by “transferring” the assigned date and index from the journal) on the order itself to give it legal force.

Making changes and corrections to logs

Good afternoon Please tell me what to do in this situation: due to my carelessness, when registering incoming letters, I accidentally registered them, assigning outgoing numbers (the numbering difference is several hundred). What should I do? Letters from the Federal Tax Service and the Pension Fund.

The reason for the situation is quite clear: apparently, the sender mixed up the letters and put letter 2 in the envelope with address 1, and sent letter 1 in the envelope with address 2, and the secretary simply missed this moment. As a result, a completely alien letter was registered in the company journal.

sudacov.ru

Main orders subject to registration:

1. on changes in the staffing table at the enterprise;
2. on the assignment of salary and allowances;
3. about changes in personal data: last name, first name or patronymic;
4. about combining with the main job;
5. study leave;
6. additional leave associated with difficult and harmful working conditions;
7. on bonuses and incentives for employees;
8. about transfer to another job or position;
9. about sending on a business trip;
10. on advanced training and assignment of category or rank;
11. about going on leave for family reasons without pay;
12. about the employee going on basic leave or to care for children;
13. about dismissal from work and termination of an employment contract.
14. about hiring an employee;

In fact, this list may be more extensive.

For example, if the order concerns the movement of personnel (hiring, dismissal, reduction, transfer to another position), then the letter “k” (personnel) or “LS” (personnel) is added to the index. If the order is related to vacations, then the o, with business trips - “km”, with incentives - “p”, penalties “v”, etc.

We enter the name of the document in column 2. We enter the date in column 3. The date of publication of the document is considered the date when it was signed by the general director of the company.

Specify the type of document. This data is entered in column 4. The type of order is determined by the issue for which it was issued (hiring, dismissal, leave, transfer to another position, etc.)

Error in issuing an order, how to correct it

Free consultation by phone: +7 (499) 495-49-41 If the organizations no longer exist, then the adjustment must be made by the successor or a higher organization.

In the absence of all listed companies, corrections to the labor report must be made in the regional archive. A lawyer talks about correcting entries in a work book. Methods for correcting entries in a work record. If an error was made when drawing up a new work record, then this document is destroyed (written off according to the act), and a new one is issued in its place.

If there is an inaccuracy in a valid document, the error must not be covered up, corrected or erased. Let's consider options for correcting the work book of the 2021 sample, which is presented below.

The correction is made by making a new entry after the erroneous one. Details on how to fill out an insert in a work book are described here. Such orders (instructions) have no legal force (invalid).

Accordingly, management decisions recorded in the order (instruction) regarding hiring, transfer to another job or dismissal of the relevant employees are not subject to execution.

Important The issuance of an order (instruction) regarding personnel by unauthorized officials of an enterprise (organization, institution) is not allowed.

Let us clarify: the powers of officials of an enterprise (organization, institution), including its head, are determined by the employer and enshrined in the relevant local regulations - for example, regulations on the collective management body, regulations on the general director, etc.

Is it possible to make corrections to the personnel order?

• changes in the circumstances of time, place, etc., which are significant for the proper performance by the relevant employees of the work assigned to them (labor function);
• other similar circumstances requiring changes to the content of previously issued personnel orders, if such changes are significant for the proper execution of the order.

Thus, the functional purpose of the order to amend a previously issued personnel order is:

• in documenting the fact of making justified (primarily legally) changes to the corresponding management decision through the adoption of a new management decision (in this case, a personnel order);
• cancellation of the order (item, items of the order) for personnel, the content of which reveals any discrepancy.

source: 11-2.ru

Dividing rest time into parts without obtaining the employee’s consent

Legislative norms do not prohibit dividing vacation into parts, provided that one part is at least 14 days, and the other two are 7 days each. This information must be reflected in the schedule. It is worth noting that the division of rest time must be justified by the desire of the employee. The event must be documented by his application with a request to divide the vacation into parts. It is allowed to divide vacation due to production needs.

In such a situation, it is important to correctly draw up a procedure in which the employee is notified by the employer of the event with a special notice, which must contain a mark written by the employee that he has been notified and agrees with the contents of the document.