In accordance with the Labor legislation of the Russian Federation, employees are provided with paid leave annually.
The order in which the organization's employees will go on vacation is determined by the vacation schedule.
Article 123 of the Labor Code of the Russian Federation establishes that drawing up a vacation schedule is the responsibility of the employer, and the employee, in turn, is obliged to comply with it.
So, a vacation schedule is a document containing information about the dates for granting annual paid vacations to employees of an organization.
Every year, no later than two weeks before the start of the next calendar year, the personnel service is obliged to draw up and submit for approval by the employer a vacation schedule for the next year.
If a trade union has been formed in an organization, then the opinion of this body is mandatory when drawing up a vacation schedule.
Many personnel workers ask the question: is it necessary to draw up an order approving the vacation schedule?
The legislation does not contain a requirement for the mandatory drawing up of an order approving the vacation schedule.
In addition, the unified form of vacation schedule No. T-7 provides for its approval directly by the head of the organization (“approval stamp”) without issuing a corresponding order.
What to consider when creating a vacation schedule:
- the schedule includes all employees of the organization, including those who work part-time in this organization;
- employees who were hired after the approval of the vacation schedule do not fit into the schedule (i.e., there is no need to make changes to the approved schedule). Such employees will be granted leave upon their request after 6 months of work.
- When drawing up a schedule, it is necessary to take into account the legislation - what vacation benefits are provided and to whom, as well as the nature of the organization’s work and, without fail, the wishes of the employees.
Document meaning
The schedule helps solve several problems :
- Plan vacation periods for the next year so that there are no overlaps. For example, so that all specialists performing the same functions do not go on vacation at the same time.
- Take care in advance of replacing the employee during the vacation period or transfer his functions to colleagues.
- Fulfill the requirements of labor legislation: notify the employee in a timely manner about the upcoming vacation and pay vacation pay.
- Keep under control the issue of compliance with vacation dates, as well as the number of unused days.
Unified form T-7: is it necessary to use it?
For the vacation schedule, a unified form T-7 , approved by Decree of the State Statistics Committee of January 5, 2004 No. 1. However, employers are not required to use it unchanged. Based on the resolution of the State Committee of the Russian Federation on Statistics dated March 24, 1999 No. 20, the form can be modified. You can also develop your own template, approve it and use it as a vacation schedule.
In practice, employers most often use a unified form, although the table is often supplemented with the necessary columns.
Form T-7
The following image shows what the unified vacation schedule form (T-7) looks like:
Sample order for vacation schedule for 2021
Since the order approving the vacation schedule for the next year is not a mandatory document, there is no approved form for it, and therefore it can be drawn up in any form. It would be wise to include the usual order details, namely:
- indication of the originating employer;
- number and date;
- the essence of the order;
- manager's signature;
- signatures of the persons listed in the document as executors of the order.
A sample version of the order for approval of the vacation schedule can be seen on our website.
Vacation schedule: step-by-step instructions
Next, we will consider the step-by-step process of creating a vacation schedule in the T-7 form.
Step 1. Filling out form T-7
The form consists of a header and a table containing basic information. See below for how to fill it out. The active field is highlighted in color.
The header should include the following information:
- Organization name or full name entrepreneur. The name of the company must be indicated in full as it is written in the constituent documents. If the name in the charter is written in capital letters, it must also be written in the schedule.
- OKPO. Eight-digit code in accordance with the All-Russian Classifier of Enterprises and Organizations. You can take it from the information letter of the territorial division of Rosstat.
- Document number, date of its preparation and period of validity of the schedule - in our case this is 2021.
The preamble of the form contains fields for indicating the details of the document in which the union expressed its opinion regarding the vacation schedule, as well as for its approval. We will show you how to fill them out later, when the process reaches document approval.
The table of the unified form T-7 has 10 columns:
- Column 1. Name of structural unit (department):
- Column 2. Job title (specialty) according to the staffing table:
- Column 3. Last name, first name and patronymic employee:
- Column 4. Employee personnel number (indicated in the personal card or in the employment order):
- Column 5. Number of calendar days of vacation, which are due to the employee for the time worked. It also includes vacation days for the current year that the employee did not use:
- Column 6. Planned vacation date:
The remaining columns of the table are not filled in at this stage. They are intended to reflect information that will appear later - when the employee goes on vacation or if it is rescheduled.
Step 2. Approval
Labor legislation requires that the vacation schedule be coordinated only with the trade union ; it is not coordinated directly with employees. If there is a trade union, then the schedule is agreed upon with it in the manner established in Article 372 of the Labor Code of the Russian Federation.
Note! An employee can submit an application in which he asks that his wishes regarding the vacation period be taken into account. However, the employer is not obliged to approve it.
The vacation schedule can be approved even if the trade union is against it. However, the latter retains the right to appeal the decision of management to the Labor Inspectorate or in court .
Details of the document in which the union expressed its opinion regarding the schedule are indicated before the tabular part of the T-7 form:
Step 3. Signing by the responsible employee
So, the schedule has been drawn up and agreed with the union. Now you need to complete its design and sign it. The signature is placed by the head of the personnel service or another specialist responsible for personnel records:
Step 4. Manager approval
After signing, the schedule is sent to the employer’s manager for approval. two possible options here :
- endorsement directly in the header of the document;
- creating an order for approval.
In the first case, everything is simple: the preamble of the schedule indicates the position of the head of the company, and he puts his signature (with a transcript), as well as the date of approval:
In the second case, an order is generated to approve the vacation schedule . This path is sometimes chosen if it is necessary to give additional instructions to responsible persons related to vacations in general and the schedule in particular. For example:
- HR specialist - familiarize employees with the schedule;
- the accountant - to calculate vacation pay and create a cash reserve for their timely payment.
The order is drawn up in any form - an example can be seen below. When choosing this option, the schedule itself will be an attachment to the order.
An order approving leave is an optional document. Form T-7, approved in the manner indicated above, is a self-sufficient document.
Step 5. Employee familiarization
The law requires that employees be provided with information about the upcoming vacation no later than 2 weeks before it starts . But it is advisable to do this also immediately after drawing up the schedule.
The standard T-7 form does not provide special columns for employees to familiarize themselves with, but employers can add them. The change in form must be approved by order or direction of management.
It is advisable to add two columns - for the date of review and the employee’s signature.
There are other ways to familiarize employees with the vacation schedule, for example, you can make a special sheet for this in the document.
The finished schedule, approved in the prescribed manner, and also containing notes on familiarization, looks like this:
When to write an order
The vacation schedule is drawn up in advance - no later than two weeks before the start of the year by which vacation time is distributed. At the same time, in the process of creating a schedule, both the wishes of employees and production needs should be taken into account.
The preliminary schedule must be submitted for approval to the trade union body (if there is one at the enterprise), then all employees of the organization must be familiarized with the order against signature (if this is not done, disputes and disagreements with employees may well arise, leading to litigation proceedings).
The vacation schedule is a binding document; any adjustments can be made to it only with the mutual consent of the employee and the employer, provided that this in no way affects the functioning of the company and does not affect the interests of other employees. Changes may also be made when hiring new employees and due to forced and force majeure circumstances.
It should be noted that all types of vacations are included in the schedule:
- planned,
- additional,
- "last year's"
- as well as vacations issued to “part-time workers.”
Also, when compiling it, you should first of all take into account the opinion of the “beneficiaries”, i.e. those employees who, by law, can choose their own vacation time, without taking into account the wishes of the employer and those who belong to “special” categories:
- minors,
- disabled people
- employees with irregular working hours (in these cases, the duration of leave is non-standard).
Execution and rescheduling
It was mentioned above that the vacation schedule is mandatory. This means that the employee must go on vacation in accordance with the schedule, and the employer is obliged to let him go during this period.
Before scheduled vacation
leave applications from employees , but there is little point in this. An employee is not required to write such a statement if he goes on vacation as scheduled. But the employer is obliged to notify the employee about the vacation, and do this no later than 14 days before it occurs. To do this, the future vacationer is sent a written notice , in which he must sign.
Transferring vacations
The vacation schedule is drawn up in advance, and it is often necessary to change it. The Labor Code does not prohibit this, you just need to formalize it correctly. Changing the vacation schedule may be necessary for various reasons, for example:
- new employees have been hired, whose vacation must be included in the schedule (they have the right to vacation after 6 months of work);
- there was a production need to reschedule the vacation, and the employee did not object;
- the employee expressed a desire to postpone the vacation, and the employer agreed to this;
- it was necessary to change the vacation period of one of the employees entitled to it at a convenient time.
An employee whose vacation needs to be rescheduled or added to the schedule must submit a vacation request . It is compiled in free form and looks something like this:
The manager, if possible, agrees on the transfer of leave and makes a note about it on the application. In addition, an order is created to amend the vacation schedule. It should contain the information that needs to be changed, as well as the new leave data. Further, based on this order, amendments are made to the document. In our example, we need to reflect changes in columns 7-10 .
If an employee decides not to take vacation this year, he must indicate in the application that this period is transferred to the next year. In this case, column 7 of the table is not filled in.
The employee will be laid off in January. Do I need to fill out a vacation schedule for him?
Explanations on this issue are given in Letter of the Ministry of Labor of the Russian Federation dated March 27, 2020 N 14-2/B-321.
In it, the department indicated that all employees who were in labor relations with the organization on the day the schedule was approved should be included in the vacation schedule. This requirement also applies to employees whose employment contracts will be terminated during the working year. Thus, it is impossible not to take into account in the vacation schedule an employee whose employment contract will expire in January.
Nuances of scheduling
Next, we will consider certain aspects of granting vacations and scheduling, which often raise questions.
Vacation of an external part-time worker
Article 286 of the Labor Code of the Russian Federation states that annual leave must be granted to an external part-time worker simultaneously with leave from his main job. Two conclusions can be drawn from this:
- An external part-time worker is entitled to leave, which means it must be included in the schedule ;
- This leave must be planned for the same period when it is provided to the employee by the main employer.
The question arises: how to do this? Obviously, you should ask your part-time worker in advance when his vacation from his main place of work is planned. Alternatively, you can ask to provide a certificate of planned vacation for the next year. But the part-time worker is not obliged to do this, just as the part-time employer cannot insist on this. Moreover, the employee may not know when he will be granted leave at his main place of work next year, because the schedule there may not be ready yet.
Nevertheless, it is necessary to include the vacation of an external part-time worker in the schedule. However, it is likely that changes will have to be made to the document.
Such a situation is also possible. The part-time worker’s vacation is planned for the same period by both employers, but the citizen submitted an application to his main place of work to postpone this period, and it was agreed upon. In this case, the part-time employer will also have to postpone the vacation period.
Duration of vacations: standard and extended
Standard annual paid leave is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). But some categories of workers are entitled to extended basic leave. The right to it is given by the Labor Code and federal laws. Who is entitled to longer leave is shown in the following table.
Table 1. Who has the right to longer leave
Category of workers | Rule of law | Duration of vacation |
Minor workers | Art. 267 Labor Code of the Russian Federation | 31 calendar days |
Disabled people | Art. 23 of Law No. 181-FZ of November 24, 1995 | 30 calendar days |
Teachers | Art. 334 Labor Code of the Russian Federation, Government Decree No. 466 dated May 14, 2015 | 42 (56) calendar days |
Certain categories of medical workers | Art. 350 Labor Code of the Russian Federation, resolution of the Ministry of Labor of Russia dated 08.08.1996 No. 50 | 36 calendar days |
Civil servants | Art. 46 of Law No. 79-FZ of July 27, 2004 | 30 calendar days + days depending on length of service |
Municipal employees | clause 3 art. 21 of Law No. 25-FZ of 03/02/2007 | |
Doctors and candidates of science holding positions in scientific organizations funded from the federal budget | Government Decree 08/12/1994 No. 949 | Doctor of Science - 48 working days; candidates of science – 36 working days |
Workers working with chemical weapons | Art. 1, 5 of Law No. 136-FZ of November 7, 2000 | 56 or 49 calendar days (depending on the group of work) |
Rescuers of professional emergency rescue services and units | clause 5 art. 28 of Law No. 151-FZ of August 22, 1995 | 30, 35 or 40 days (depending on continuous service) |
Prosecutors, scientific and teaching staff of the prosecutor's office | Art. 41.4 of Law No. 2202-1 of January 17, 1992 | 30 calendar days (excluding travel to and from your vacation spot) |
Investigative Committee employees | Art. 25 of Law No. 403-FZ of December 28, 2010 | |
Military personnel | Law No. 76-FZ of May 27, 1998 | Various durations |
Some employees also have the right to additional paid leave , which is provided in addition to the main one (Article 116 of the Labor Code of the Russian Federation). What periods also need to be reflected in the chart. Employees are entitled to:
- those employed in jobs with harmful and (or) dangerous working conditions;
- having a special nature of work;
- working irregular hours;
- working in the Far North and similar areas.
compensation instead of additional vacation . However, such vacation days still need to be included in the schedule, and then (if the employee prefers money) reflect this in the schedule, as shown above.
What length of vacation should I indicate in the schedule?
An employee is not required to go on vacation for 28 days in a row - it can be divided into several parts. Moreover, one of them should not be less than 14 calendar days . The vacation schedule should indicate all vacation periods for each employee.
Who can take vacation at a convenient time?
Some categories of employees have the right to choose their vacation time. This does not require agreement with the employer. Details are in the following table.
Table 2. Who has the right to leave at a convenient time
Category of workers and circumstances | Rule of law | How to confirm |
Minor workers | Art. 267 Labor Code of the Russian Federation | Passport |
Parent (guardian, custodian, foster parent) raising a disabled child under the age of 18 | Art. 262.1 Labor Code of the Russian Federation | Child's birth certificate |
Pregnant women - before or after maternity leave After maternity leave | Art. 260 Labor Code of the Russian Federation | Certificate of pregnancy, sick leave taken in connection with maternity leave |
Workers with three or more children under 12 years of age | Art. 262.2 | Birth certificates of children |
A husband while his wife is on maternity leave | Art. 123 Labor Code of the Russian Federation | Certificate of pregnancy, copy of sick leave issued for maternity leave |
External part-time workers - simultaneously with annual paid leave from the main job | Art. 286 Labor Code of the Russian Federation | Certificate of employment, extract from the vacation schedule |
Spouses of military personnel - simultaneously with the military leave | Art. 11 of Law No. 76-FZ of May 27, 1998 | Certificate from the place of service, extract from the husband’s vacation schedule |
Citizens who received the total (accumulated) effective radiation dose as a result of nuclear tests at the Semipalatinsk test site | Clause 15 Art. 2 of Law No. 2-FZ of January 10, 2002 | Certificate of a citizen who has been exposed to radiation |
Participants in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant. Separate groups of citizens who received radiation sickness, people with disabilities as a result of the disaster, people working in the exclusion zone and others related to the accident at the Chernobyl nuclear power plant. | Law No. 1244-1 of May 15, 1991 | Certificate of a citizen who has been exposed to radiation, certificate of disability |
Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory | Art. 6 of Law No. 5-FZ of 01/09/1997 | Certificate of Hero of Labor or Knight of the Order |
Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory. Participants in the Great Patriotic War, residents of besieged Leningrad and people working at defense facilities during the Great Patriotic War, war veterans, combat veterans | clause 3 art. 8 of Law No. 4301-1 of January 15, 1993 Law No. 5-FZ of January 12, 1995 | Certificate of Hero or Knight of the Order |
Honorary Donors | Art. 23 of Law No. 125-FZ of July 20, 2012 | Honorary Donor Certificate |
A parent working in the Far North and equivalent areas to accompany a child under 18 years of age entering education in another area | Art. 322 Labor Code of the Russian Federation | Child's passport, certificate from the admissions committee |
How long should I keep my vacation schedule?
Documents are stored in accordance with the order of the Ministry of Culture of Russia dated August 25, 2010 No. 558. Different deadlines are established for different documents. The vacation schedule is kept for 1 year after it ceases to be valid.
When should you make a vacation schedule for next year?
The employee vacation schedule for the next year must be fully prepared 14 days before it begins, i.e. approximately December 15-17. The basis for drawing up the report card is the order of the director. To ensure that it is ready by the appointed time, the heads of various departments begin to collect data in advance.
When scheduling vacations, the wishes of the staff are taken into account. Providing vacations to employees is the responsibility of any employer. There are categories whose opinions are taken into account first:
- mothers of many children whose children are not older than 12 years;
- minors;
- parents or guardians of a child under 18 years of age with a disability;
- people who have special services to their homeland: heroes of labor, holders of the Order of Glory and Labor Glory, participants and disabled people of the Second World War, heroes of the Soviet Union and the Russian Federation, honorary donors, as well as victims of nuclear disasters.
There are also categories of people who have the legal right to rest at any time of the year:
- those who work part-time and take leave from their main job;
- pregnant women and their husbands, if indicated and prescribed by a doctor;
- minors;
- military wives have the right to vacation with their husbands.
ATTENTION! An employee can go on vacation according to the vacation schedule only after he has worked for at least six months in this organization, except for the categories of citizens mentioned above.
Responsibility
The absence of a vacation schedule in small companies and individual entrepreneurs is a common practice, although this is not true. Very often management does not think about or simply does not know about the need to draw up this document. At the same time, the requirement for its formation follows from Article 123 of the Labor Code of the Russian Federation. Its absence threatens the employer with a fine under Article 5.27 of the Administrative Code , since inspectors may regard this as a violation of labor law.
For the first time, a company under this article may be fined in the amount of 30-50 thousand rubles . If the violation is detected again, the fine will be 50-70 thousand rubles.
The entrepreneur-employer, as well as the official who committed the violation, will be fined the following amounts:
- for a primary violation - by 1-5 thousand rubles ;
- if repeated - by 10-20 thousand rubles .
Rules for making changes to the vacation schedule
Employees may ask to postpone their vacation and, if this does not interfere with the work process, use it at another time in agreement with management. Then they write a statement indicating the reason. It’s good if they have papers on hand (for example, doctor’s prescriptions) that indicate the reasons for the transfer. After this, a transfer order is issued, the new dates of the main paid leave are entered into the timesheet, the order number is also indicated there, and the reason for which it is postponed is indicated in the comments.
ATTENTION! If the company has new employees who came to work after the table was compiled, then additions are made to it for these employees in the form of attachments. They are drawn up in the same way as the main schedule: the data of subordinates is entered, agreed upon by the heads of departments, and signatures are placed.