A situation may arise in an organization when an employee will have to postpone the start date of their vacation. The reasons for this are stated in the Labor Code. The employer will have to provide the employee with this opportunity, but first everything must be formalized correctly. One of the stages of registration will be the issuance of an order to postpone annual leave and make changes to the vacation schedule. Let's figure out how to draw up such a document.
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Reasons for postponing vacation
The vacation schedule is a mandatory document at the enterprise. It is filled out at the beginning of the new year or at the end of the old one, taking into account the order of employee rest periods. This is stated in Art. 123 Labor Code of the Russian Federation. You can use the unified form T-7, which was established by the State Statistics Committee by resolution No. 1 of January 5, 2004. The organization also has the right to use a form developed independently.
The grounds for transferring vacation may be the following (Article 124 of the Labor Code of the Russian Federation):
- employee sick leave;
- hiring employees after issuing a vacation schedule;
- the employee changed his mind about going on vacation within the time frame fixed in the schedule;
- requirement of the organization due to any important events (inspections, production needs), but only with the consent of the employee;
- violation of the date of payment of vacation pay.
Can I change it after approval?
Changing the vacation schedule after its approval on the basis of an order is permitted if there are grounds for it.
As a rule, the reasons for making changes are the following:
- grounds from Article 124 of the Labor Code of the Russian Federation - going on sick leave or performing government duties while on vacation;
- failure by the employer to comply with the rules for granting annual leave - vacation pay was not issued on time or the employee was not notified 2 weeks in advance about the upcoming vacation;
- family circumstances of the employee;
- by necessity;
- hiring a new employee or dismissing an existing one.
The responsible employee changes the schedule based on an order, which is drawn up by the manager if there are grounds.
There are two ways to make changes:
- Change the existing approved schedule by making changes to columns 8-10.
- Fill out an addition to the approved form - convenient to use, for example, when hiring new employees.
The additional schedule is drawn up in the same form as the main one, but a note is made that this is an addition to another document (its details are indicated).
If the approved schedule changes, then columns 8 and 9 are filled in, intended to reflect data on the transfer of vacation:
- gr.8 – document on the basis of which vacation dates are changed (order);
- Gr.9 – new vacation start date.
- A note is added to column 10 to explain the essence and reason for the changes.
How to make adjustments at the request of the employee?
Often the employee himself takes the initiative to change vacation dates. Vacations are planned in advance; it is likely that the employee will encounter unforeseen circumstances that will require changing vacation dates.
In addition, the Labor Code of the Russian Federation provides for cases when the employer is obliged to postpone the vacation to another period at the request of the worker.
There are several reasons for changing vacation dates in the T-7 schedule:
- The employer did not notify the employee 2 weeks in advance about the start date of the vacation - this violation of the Labor Code of the Russian Federation allows the employee to demand that the vacation be postponed to any period convenient for him. You need to understand that familiarization with the schedule against signature is already a fact of familiarization.
- The employer did not pay vacation pay 3 days before the start of the vacation - according to Article 124 of the Labor Code of the Russian Federation, this violation can also serve as a basis for postponing vacation at the request of the employee.
- An employee, while on annual leave, fell ill and took sick leave - the days that coincided with the illness can be postponed to another time by agreement with management (the current vacation period can also be extended for this time).
- The employee was called to work during the vacation period to perform duties.
- The worker has circumstances that require the provision of rest at another time - family circumstances. The issue of transfer is resolved by agreement of the two parties.
In all cases when the initiative comes from the employee, he writes a statement.
If the application states one of the first four reasons, then the employer must grant the applicant's request for a transfer.
Place an order and make changes to the schedule.
If an employee asks to change the dates for family reasons, the manager can decide the issue at his own discretion - he has the right to refuse.
If the application is received and approved by management, and the dates to which the vacation is transferred are selected, then an order is issued in which the manager orders changes to the vacation schedule.
The personnel employee adjusts the dates and fills in columns 8 to 10.
Example when transferring due to sick leave, early recall
If the reason for the changes is the postponement of leave due to temporary disability during the holiday, then you should obtain a statement from the employee that he wants to postpone the dates, and not extend them.
Next, dates are agreed upon by the parties and an order is issued. The order serves as the basis for the personnel officer to change the schedule.
An example of changing the schedule when rescheduling due to sick leave:
If an employee is called to work ahead of schedule before the end of the vacation period (this is only possible with the consent of the vacationer), then the non-vacation portion is provided at the time chosen by the employee.
In this case, a statement of consent to revocation is drawn up, which indicates the timing of the transfer.
The employer also issues an order, and the HR specialist adjusts the schedule.
Example of a change due to early recall:
Rules for registration at the initiative of the employer
An employer cannot unilaterally postpone an employee’s vacation if its dates are fixed in the schedule.
There is not a single reason in the Labor Code of the Russian Federation that allows changes to be made without the consent of the employee himself.
If management, for any reason, needs to reschedule the vacation of one or more employees, then everyone needs to draw up a written notice proposing to change the vacation dates and indicating the reason for this.
Having received the notification, the employee can refuse and go on vacation exactly as planned. No one will punish him or fire him for this.
Only the employee’s personal consent, executed in writing, can serve as the basis for drawing up an order to postpone vacation and change the schedule at the initiative of the employer.
Management needs to agree with the worker on the issue of changes, choose new dates that will be convenient for both parties, after which the schedule itself can be changed.
An example of making a change due to production needs:
Do I need to change it when hiring a new employee?
Another reason for adjusting the vacation schedule may be the hiring of new employees to the organization. Is it necessary to enter information about the provision of leave for newly hired people this year? Read more here.
New employees become entitled to vacation after six months of work, but the employer can provide vacation earlier, including in advance.
If you plan to send an employee on vacation in the same year in which he was hired, then you can go in two ways:
- Change the current schedule by adding information about the vacation of the newly hired employee.
- Provide the new employee with rest based on his application, without changing the schedule.
The second option is more convenient, since it does not require changing the current schedule or completing additions to it.
If the organization is large, and personnel changes in it are not uncommon, then constantly creating a new addition every time a new person is hired is a very labor-intensive task.
The legislation does not oblige employers to enter information about the rest of newly hired employees into the schedule after its approval.
If the manager still wants to consolidate the vacation agreements on paper, then an additional document should be drawn up on the same T-7 form, indicating in it that it complements the main schedule.
In addition, information is entered only for the hired employee, while in the “Note” column a note is made that this is a new person employed by the organization.
Sample form of an addendum when hiring a new employee:
Procedure for making changes to the vacation schedule
In order to make changes to the vacation schedule, the following algorithm is followed:
- An employee planning to reschedule a vacation writes an application addressed to the head of the organization.
- The manager reviews the application.
- If the result of the review is positive, then the head of the organization (or his authorized representative) endorses the application.
- The HR department forms and issues an order to amend the vacation schedule and postpone the employee’s vacation.
- The schedule includes all necessary changes.
Important! If the manager rejects the transfer of vacation, then no changes are made to the vacation schedule.
As a rule, an independent order to amend the vacation schedule is not issued; this part is recorded along with the fact of postponing the employee’s vacation.
This order relates to documents on the personnel of the organization, so it must be stored for 5 years.
How to create an order
There is no legally approved form for such an order, so it is drawn up in free form, using the standard structure for orders. The document must contain the following information:
- Name and information about the organization.
- Name, number and date of preparation of the document.
- The reason for postponing vacation and making changes to the vacation schedule.
- An instruction to reschedule the start date of the vacation, the full name of the employee who needs to reschedule the vacation, and the date to which it needs to be rescheduled.
- Instruction to make changes to the vacation schedule, full name of the employee who was assigned this task.
- Signatures of the head of the organization and employees mentioned in the order.
How to adjust vacation balances
We go to the 1C program “Salary and Personnel Management”, the Accountant’s desktop. On the desktop, select the “Personnel Accounting” / “Vacation Remaining” tab.
In the dialog box that opens, we see a list of employees for a specific date and information about them: name, position, department, type of contract, ..., vacation balance. We select the employee for whom you need to enter the balance of unused vacation or adjust it. Select the “Edit Vacation Remaining” tool.
You can adjust vacation balances in two ways:
1.Simple input of balances,
2. Detailed input of balances.
1. Simple entry of balances.
Enter the date (on which balances are entered. From the date following the date of balances, a new working year will begin) and the total number of days. Click "OK".
2. Detailed input of balances.
Enter the date (for which balances are entered. The new working year will begin from the date following the date of balances). Click “Detailed input of balances” and a table field for detailed input of balances opens. Click “Add”, select the type of annual leave, enter periods of work: years of work for which leave is granted and the number of days of leave. Click "OK".
The number of vacation days has changed, now you can make reports, accrue vacation and calculate vacation compensation upon dismissal.
If during the operation of the 1C mechanism, documents are processed more slowly or vacation reports are generated, filling out the directory will help solve this problem. The program will calculate the balances of each employee not from the date of hire, but only for those working years for which there are no entries in the balance directory.
The “Calculate” button in the form for editing balances for an employee allows you to calculate balances automatically from the date the employee was hired, using data on actual vacations entered into the program and ignoring all balances entered manually.
This mechanism can be used if it is necessary to correct vacation balances if they were incorrectly transferred during the transition from 1C7.7 to 1C8 and the error was noticed several years later.
This mechanism can also be used in a situation where an employee went on maternity leave, then on parental leave for a child up to three years old and his working year needs to be changed. If for some reason this is not done automatically.
Article 121 of the Labor Code of the Russian Federation contains a list of time included and not included in the length of service, giving the right to annual paid leave. According to this article, the time of leave to care for a child before he reaches the age established by law is not included in the length of service giving the right to annual basic paid leave (Part 2 of Article 121 of the Labor Code of the Russian Federation). Consequently, the end of the working year is shifted by the number of days of such employee leave.
