Sample and form of notification to an employee about the start of vacation 2021.

Why do you need notice of leave - legal regulations and deadlines

The labor law norm establishing the priority for employees of an enterprise to go on vacation, as well as the period for notifying them about this is Article 123 of the Labor Code of the Russian Federation. This reflects a key point regarding the procedure for informing a person about going on vacation: the employer is obliged to warn the employee that he is going on another vacation. And this must be done at least 2 weeks before it starts.

When informing, the employer must rely on the vacation schedule drawn up in the previous year. This document is ratified by mid-December (+/- 2 days) and sets for each employee the exact dates and periods for which the employee is required to go on vacation this year. Adjustments to this schedule can only be made by mutual agreement. A person, on his own initiative, cannot change dates or reduce/increase the number of days in a certain part of his vacation. Here you can only negotiate with the employer. There is no other way out.

The situation is similar for the employer: if the employee does not agree to go on vacation at another time (not specified in the vacation schedule), no one has the right to force him to do so, even if the production process requires it.

Please note that every company must have an approved vacation schedule, otherwise a fine may be imposed on the company. This is regulated by administrative legislation, to be precise, Article 5.27 of the Administrative Code. The only exception here is a microbusiness that employs less than fifteen employees and operates as an individual entrepreneur. This category of employer is exempt from the obligation to apply the annual vacation schedule.

Thus, if an employee was employed by an enterprise until December of the previous year and, accordingly, was included in the vacation schedule, he must be properly notified of his obligation to rest at the expense of the enterprise. If this does not happen, and the person does not receive official notice of leave 14 days in advance, he has the right to shift the dates to a time convenient for him. That is, if there is a delay of 2 days, the deadline for going on vacation can be completely legally postponed at the initiative of the employee by 2 days, if the personnel service was late with the notification by 5 days - accordingly, by 5 days, etc.

To do this, it is enough for a person to write a statement that he was not warned about the start date of the vacation period. This right is enshrined in Part 2 of Article 124 of the Labor Code of the Russian Federation.

Checks the availability of vacation notices and the labor inspectorate. If during the next inspection it is discovered that there was no notification about the leave, this may provoke sanctions from the controller.

When Notification Is Not Required

There are only 2 types of leave when the employer is required to notify the employee in writing:

Paid annually.
Additional vacation.

This correlates with the fact that these are the types that are regulated by the vacation schedule.

If a person writes an application for leave without pay, there is no need to warn him about this.

Another option when there is no need to draw up a notice is if a person, in agreement with management, asks to move the vacation period to an earlier or later period. And at the same time, the order for the upcoming vacation was issued at least 14 days in advance. In this case, it is not necessary to notify the employee of this fact. It is enough that the order contains all the necessary data about the vacation. The employee, when signing the order, will record the fact of familiarization with the order and at the same time with notification of the start date of the vacation.

If the leave order is issued at least 14 days in advance, a notice in another form does not need to be drawn up

Using the same algorithm, you can also arrange vacations for employees who have been employed by the company for less than a year, and therefore are not included in the vacation schedule. In this option, the employee is required to write a leave application, and the employer must issue an order based on it.

Such a simple diagram will help in deciding whether notification is necessary or not.

Details for vacation of part-time workers

The specifics of processing leave for an employee employed either internally or externally dictate certain rules:

A part-time worker is entitled to a vacation period at the time when he takes a planned vacation from his main place of work. In order for the employer to be able to correctly plan the vacation schedule (and part-time workers are also included there), the employee must provide the employer with information about the vacation planned at the main place.
When the required 6 months for providing him with time for legal rest have not yet passed, he must be granted unpaid leave for the unworked days.

In fact, the notification of the beginning of the vacation period for part-time workers is formal in nature, since the person himself is primarily motivated to ensure that part-time leave is granted to him in a timely manner.

It is necessary for both parties to remember in this case that if a part-time worker does not submit data on the rest periods established at the main place of employment, he is included in the vacation schedule on a general basis and does not have the right to subsequently dictate his own conditions. In such a situation, the part-time employer simply warns him 14 days before the start of the vacation.

In what cases is it used?

Large manufacturing enterprises with a continuous technological production process cannot do without timely implementation of the approved schedule of annual paid leave.

Notification of the start of vacation in such cases plays an important role.

However, it makes no sense to issue a notification if the employee goes on vacation based on a self-written application.

Example:

According to the approved vacation schedule, economist Suvorova E.V. I was supposed to go on vacation on November 20 this year. But on August 10, Suvorova E.V. was offered a last minute trip to a sanatorium to restore health after surgery.

The employee wrote an application for leave, the administration of the enterprise agreed to release Suvorova E.V. ahead of schedule. In this case, it was not necessary for the employees of the enterprise’s HR department to issue a notice of the start of the next vacation.

Procedure for familiarizing an employee with a notice

As stated above, depending on the type of information, the future vacationer must put his visa either on the order or on a separate sheet of notification, or sign and date it in the appropriate blocks of the vacation schedule, or record this fact in a separate journal. It all depends on the method established in internal regulations.

But there are situations when an employee refuses to acknowledge the vacation schedule handed down from above and does not want to sign the notice. Let us note that such resistance on the part of the worker will not lead to the desired result. Here you can only agree. It is impossible to unilaterally cancel vacation dates.

But if a person still refuses or is simply not at work, which makes it impossible to sign the notice, the employer has the right:

In the presence of two witnesses and an official, draw up an act in which the reasons for refusing to sign the notice must be recorded. If a person does not provide clear arguments for his refusal, the act states that the employee (full name) refused to sign the notice without explaining the reasons.
The performer's visa must be signed by 2 witnesses indicating their position and the date of endorsement
When a person is not at work, it is possible to send an official notification by registered mail with return receipt requested. This can also be done through a courier or any of the company’s employees. The main thing here is that after handing over the paper, a signature mark is received that the notice was received by the addressee. In this case, the date of notification will be considered the day when the person was given the document.

As soon as all formalities are completed, the employee is obliged to go on vacation; his presence at the workplace will lead to nothing.

The employer, in turn, must pay the employee vacation pay 3 days before the start of the vacation.

How to compose?

Notification of an upcoming vacation is included in the list of enterprise regulations used in daily document flow.

HR employees can independently draw up a sample notification of the start of paid leave.

Notification of the start of vacation

The template document model allows for the storage of constant information with the ability to change variable values.

The developed and saved notification form will significantly reduce the time it takes to complete this document.

you can here:

Sample vacation notice

Other types of notifications regarding vacation, their specifics

Let's look at a few more questions from users regarding other vacation issues.

Sample notice of vacation transfer

Most often, the initiative to postpone the start date of vacation comes from an employee. This happens when, for example, a good offer comes up from a tour operator with dates a little later than the start of the planned vacation period, or there is a discrepancy with the vacation of the other half, or other life situations. There are also production emergencies when an employee is really needed at the workplace. This could be an on-site tax audit, an unplanned surge in trading activity when a sales manager is needed in the company, an unscheduled audit or warehouse inventory, etc.

Here you need to understand that rescheduling of vacation dates is possible only by bilateral agreement. To resolve the issue, the initiator of this procedure must notify the other party of his request.

It is important for the employer in this matter: to indicate in the notice the circumstances that led to this decision. This fact is especially significant in the case where the enterprise asks the employee to shift his vacation to meet the production need that has arisen. A person must understand why he must meet the employer halfway. It should also be possible for the employee to give his consent or refusal to postpone the period of his vacation directly on the document.

Please note that the employer does not have the right to force a person to postpone his vacation. If this postulate is violated, the company may be subject to penalties under current legislation (see Article 5.27 of the Administrative Code).

So, if the initiator of postponing the start of vacation is an enterprise, then you need to indicate the significant circumstances for changes in the timing of planned vacation, for example, like this:

The main part of the notice states that such approval is a production necessity, and not a whim of the employer.
Production necessity is the most important requirement for arguments for rescheduling leave.
Further, in the request notice, the person must be given 2 decision options to choose from - to meet the company halfway or to refuse.

Let us note: legislation and official letters from regulators directly indicate that an employee’s refusal to shift the terms of the vacation period established in the schedule cannot be considered a violation of labor discipline, just as the application of any sanctions to a person in this case is not allowed. If this rule is ignored, the injured employee has the right to file a claim with the labor inspectorate or court.

If the initiator of changes in deadlines is an employee, he can:

Write an application in advance (more than 2 weeks before the start of your vacation) with a request to postpone the start of your vacation. In this option, he does not have the obligation to indicate the reason for his decision, but at least the approval of his immediate superior must be obtained. The best option is for the head of the department to put his “okay” at the end of the statement. Then there will be fewer questions and refusal is unlikely.
If the standard notification period has come, the HR department has the right, directly in the notice of the start of the vacation, to give the person the opportunity to reschedule the vacation. If this is not done, the employee has the right to formulate his request for a transfer upon notification.
The vacation notice can be initially drawn up so that the employee has the opportunity to move the deadline

Let us return once again to the point that both parties have the right to both agree on the proposed transfer and refuse it. Compulsory order does not work here.

Notice of withdrawal from vacation

There may be situations when an employee who is already on vacation is urgently needed at production. It is possible to recall an employee from vacation; this is regulated in Article 125 of the Labor Code of the Russian Federation. The same document contains an algorithm for action in such a situation. In order to return a person to the workplace, firstly, 3 key conditions must be met:

Calling an employee back from vacation is allowed only after receiving his written consent to do so. It is recommended to do this on the first day of entering the workplace.
When drawing up a document that proposes to interrupt a legal vacation, compelling reasons must be indicated for which a person is deprived of part of his vacation period.
And the important point here is that the summoned employee, at his own discretion, has the legal right to choose the option of compensating for such a recall:
Agree to monetary compensation for such days.
It is also recommended to reflect this fact in the notification.
A proposal to recall from vacation may look like this, the main thing here is the urgent need and compensation options

You can notify an employee about a production need in any available way: by phone, email, personally approach the employee, etc. After the employee has expressed his agreement with the review, an order is prepared in which the HR officer must calculate the number of vacation days not taken by the employee and make adjustments to his personal card. Do not forget that you need to timely adjust the general vacation schedule for the company.

The order must indicate the basis for the revocation - the written consent of the vacationer

Video instructions: how to properly recall an employee from vacation

Notice of change in the number of vacation days

In today's rather difficult economic situation in the country, a situation often occurs when management decides to reduce some of the additional leave that was previously established in excess of labor law standards. In this connection, logical questions arise: how can a personnel officer solve this problem, because in fact this is a deterioration in working conditions, how to draw up a notice of a change in the number of vacation days, etc.

It is important to understand here that, according to labor legislation, deterioration of working conditions is not allowed. But this applies only to those points that are established in the Labor Code of the Russian Federation. Thus, the minimum possible additional leave, for example, for an irregular working day, is determined to be 3 days (see Article 116 of the Labor Code of the Russian Federation). If in the employment agreement with the employee, at the will of the employer, this period is established in an increased amount, this is the good will of the enterprise. In fact, returning the number of additional vacation days to the norm cannot be regarded as a worsening of conditions. This is simply bringing the vacation to the standards.

Please note that in order not to violate labor law, in such a situation you need to:

According to the second part of Article 74 of the Labor Code of the Russian Federation, it is necessary to warn a person 2 months in advance about changes in working and rest conditions. This is done with the help of an appropriate notification.
But before this moment, it is necessary to issue an order that will record the will of the employer regarding the changes being made.
Article 72 of the Code, as well as the official Letter of Rostrud No. 1904-6-1, which discusses this issue, require the employer to enter into an additional agreement with the person, where adjustments to the work schedule must be recorded. The procedure for drawing up such a document is not regulated; it is allowed to draw it up in free form. Since additional The agreement is an integral part of the employment contract; the document must be drawn up in two copies. One is given to the employee, the second is filed in a personal file kept in the company. The fact that a person has read, confirmed his consent and accepted his copy of the agreement will be evidenced by his visa. This is established by part 1 of article 67 of the Labor Code of the Russian Federation.

Here it is necessary to take into account one important point: if in a company such conditions are fixed in the collective agreement, and this internal act is subject to adjustment, it is mandatory (Article 50 of the Labor Code of the Russian Federation) to provide notification registration of the updated version with the labor inspectorate.

Design rules

The legislation does not approve a single unified form of notification. Each enterprise has the right to independently develop a document form.

To give legal significance, the following data must be included in the document form:

details of the enterprise;
outgoing number and date of registration of the vacation notice;
position, surname and initials of the future vacationer;
the informative part of the document containing information about the upcoming leave indicating the relevant article of the Labor Code of the Russian Federation;
employer's signature.

Sample notice of the start of an employee's vacation

Where are notifications about the start of vacation registered?

A register of notifications that are issued to employees of an enterprise must be maintained in each company, this includes notifications:

on the reorganization of the company;
about giving explanations;
about transfer to another position;
on adjustments to the work schedule, working and rest conditions;
about a planned vacation.

All information regarding the upcoming vacation must be entered in this internal journal in a timely manner, filling out all the necessary columns. The main task of this register is to quickly search for data on a specific issue. This is especially true when disagreements and claims arise from dissatisfied employees and regulators.

As in almost all of the above documents, there is no standardized form, so the company’s personnel service has the right to make an internal decision about what information will be reflected in the register. But there are rules for document flow and accounting, so the recommended standard for filling out the journal is as follows:

The title page of the register must contain the name of the enterprise, the name of the journal, as well as the period when the accounting document was started and completed.
The title page must contain details and deadline (end time is indicated in fact)
On the next page, it is recommended to prepare a register of who keeps this log and at what time. Here you need to indicate the following points:
The period during which the official performed the functions of a registrar (from which/to which month and year).
FULL NAME. responsible employee.
Position and structural unit in which he is registered.
The name and details of the order giving the basis for the performance of functions for maintaining the register.
Responsible employee visa.
The main columns of sheet No. 2 should contain information about the persons who are assigned to keep the notification log
Next comes the main content of the registration document itself, presented in tabular form. Basic data here:
Name of the personnel document (notice, notification, act of refusal, etc.).
The date of its compilation and registration number can be either in one column or in different ones (whichever is more convenient for entering the data).
Document preamble (the title of the document is transferred).
Full name of the addressee to whom the document was sent, indicating the position and department (to avoid confusion between namesakes, you can indicate the employee’s personnel number).
Date of acquaintance with the document.
The addressee's response to the notice presented.
Sheet No. 3 - the main part of the accounting document

According to document flow ethics, all registers are kept in printed form (it is possible to duplicate the main document in electronic form).

All sheets of the register must be numbered and stitched with strong thread. On the back, the magazine is fixed on a glued A6 sheet, on which the date of the document’s firmware, the number of pages is indicated, the general director of the enterprise endorses the magazine, and the company’s seal is affixed.

The seal fixing the register may not be a stamp stamp, but the general director’s visa must be original (do not use a facsimile)