Notice of vacation 2 weeks in advance - legal framework, types, procedure for registration and nuances of other notices

Let us note that the right to rest assigned to every working person is not only a preference, but also a direct obligation. An employee does not have the right to refuse the legal rest assigned to him. Therefore, it is important for an employer to know the key aspects of maintaining personnel documentation when applying for annual leave in order to mitigate the risks of conflicts within the team, as well as claims from regulators. And it wouldn’t hurt for an employee to know his rights and responsibilities when going on vacation. Moreover, there are quite a lot of nuances here, and there are loopholes for both sides.

In what cases is a document generated?

In many organizations, especially large ones, a preliminary vacation schedule is drawn up before the start of the new year. It specifies during what period of time a particular employee can take a break from his work.

The vacation schedule has a certain sequence, which is developed taking into account the interests of the employer and his subordinates. This document is especially relevant in manufacturing companies with a continuous cycle of work.

Two weeks before the vacation, the HR department specialist is obliged to inform the employee about the upcoming event (in accordance with the previously approved vacation schedule).

In this way, two goals will be achieved at once: the employee will be reminded of the vacation, and the employer will comply with all the necessary formalities.

It is mandatory to notify in the event of one of two types of leave: planned paid or additional.

If an employee goes on vacation at his personal request (for example, unpaid), then there is no need to write a notice in his name.

Submitting an application for leave followed by dismissal

If an employee resigns on his own initiative, he can write an application for leave, after which his dismissal will follow. It is worth noting that the employer has the right to both accommodate the employee and provide him with days of rest, and has the opportunity to accrue monetary compensation to him.

Upon dismissal for labor misconduct, vacation or compensation is not provided.

In case of registration of paid leave with subsequent dismissal of an employee, the procedure is as follows:

1. The employee submits a leave application to the HR department addressed to the director of the company. In this case, the schedule may no longer be observed .
2. Next, a letter of resignation is written.

If an employee has unpaid days of basic or additional vacation, they can be summed up.

The employer has the right to provide partial monetary compensation. The deadline for filing applications in this case is determined by the date of dismissal.

In the case when an employee resigns as a result of liquidation or bankruptcy of the company , the procedure changes slightly:

1. A notice is issued regarding the reduction of staff unit. This document must be issued at least 2 weeks before the date of dismissal ;
2. The employee reads the order and signs it;
3. Next, the employee writes a vacation application;
4. Based on the application, the HR department issues an order to provide the employee with annual paid leave;
5. The human resources department issues a second order to terminate the staff unit;
6. The employee signs both orders.

The time for filing an application is not specified in the legislation . However, this document must be drawn up during the period after receipt of notice of dismissal and before the date of the last working day. Otherwise, the employee will receive a financial payment.

A sample application for leave followed by dismissal can be downloaded here.

For interesting details about leave with dismissal, as well as what documents are needed for this, watch the video:

What happens if you don't send a notification?

The notification must be brought to the attention of an employee of the organization against signature.

Otherwise, he will have the full right to postpone his vacation to a time that is convenient for him - and for this he will only need to write a corresponding statement indicating that he was not notified about the start of the planned vacation.

Also, the absence of a notification can serve as a reason for a “showdown” in the labor inspectorate or even in court, so you should not neglect the formation of this notification.

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:

1. 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.

2. 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:

1. 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.
2. 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:

1. 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.
2. 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.
3. 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:
   Choose any other convenient time to finish off the unused part of your vacation (including adding this part next year).
4. Agree to monetary compensation for such days.
5. It is also recommended to reflect this fact in the notification.
   Read also:  Does an employee have the right to work two full times or only one and a half times. | Chegem

   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:

1. 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.
2. But before this moment, it is necessary to issue an order that will record the will of the employer regarding the changes being made.
3. 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.

General information about the notification, features of its preparation

If you need to draw up a notice of the start of vacation for an employee of an organization, and you do not have sufficient experience, read our tips - they will help you cope with the task. Please also pay attention to the example form - on its basis you can easily draw up the necessary notification.

First of all, we will give general information that is typical for all such documents. Let's start with the fact that the notification can be generated in free form, or, if the company has a sample document approved in the accounting policy, by its type. The method of drawing up the notification, as well as its template (if any), must be approved in the local regulations of the enterprise.

The notice should be drawn up in two identical copies , each of which must be signed by a representative of the employer (preferably the director, but it is acceptable if the autograph of the head of the structural unit, for example, the head of the human resources department, is signed).

1. One of these copies is subsequently given to the employee,
2. the second is filed in a special folder and remains in the company archive (as confirmation that the employer has fulfilled all the conditions for the employee to go on vacation).

It is not necessary to stamp the form - a seal is needed only when the requirement for its use is specified in the company’s internal regulatory documents.

A note about the notification must be included in a special journal for recording outgoing documentation - these should be kept in every organization.

The notification may be formed on a simple ordinary sheet of paper or on the company’s letterhead; it can be written either by hand or on a computer (necessarily then printed out)

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:

1. 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

2. 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.

Sample notification of the start of vacation

When composing a notice, mentally divide it into three parts.

At the beginning of the document - the so-called “header” - you need to indicate:

• information about the sender (employer company);
• information about the addressee - the employee to whom it is sent;
• information about the document itself: its name, number, date of preparation.

After this comes the main block where the text of the notice is entered. It needs to include:

• the date from which the person goes on vacation;
• duration of vacation (in calendar days - most often it is 14 days or 28);
• day of return to work (specify the exact date).

Cases of employee refusal

It happens that a company employee refuses to sign the notice of the start of vacation. In such a situation, you cannot leave the paper without a signature. Because this is a direct violation of the law and there is a penalty for it.

In order to avoid getting into a difficult situation, immediately after an employee refuses to sign a notice, it is necessary to draw up a report. This paper is evidence that the employee was notified of the leave. Therefore, in the event of legal proceedings, an act of refusal to notify can be provided as evidence that the entrepreneur is right.

The right to annual, and, importantly, paid leave, is guaranteed by law. Different enterprises, of course, may have their own attitude towards vacations, but in any case, the manager must adhere to the requirements of the law both on the duration and on the order of vacations for his employees.

The best option, of course, is to take into account the wishes of the employee and ensure that the enterprise has enough workers to ensure uninterrupted functioning. To avoid any misunderstandings, there is also a procedure according to which vacations are distributed among employees.

When determining the priority of vacations, a schedule is drawn up, in which they try to take into account the wishes of employees. It also determines the duration of vacations. For a larger number of employees, it is 28 days (calendar), but for certain categories of employees it may be slightly longer.

The document is drawn up at least two weeks before the start of the next year and every employee must be familiarized with it against signature. Many enterprises practice this approach - the employee writes a vacation application before going on vacation

However, circumstances change and it may happen that by the holiday season the employee may change his mind. The procedure for changing the schedule is also provided. But the use of the provided notification to the employee about the upcoming vacation will help avoid misunderstandings with employees.

Notifying the employee about the start of vacation

To avoid conflicts and give the employee the opportunity to go on vacation on time, they notify him of this two weeks before the start of the vacation, that is, fourteen calendar days. If this has not been done, the employee has the full right, confirmed by law, to demand its transfer. This is done on the basis of an application to postpone the start date of the vacation to one that is more consistent with his wishes, which creates additional difficulties not only for the employer, but also for other employees.

That is why it is so important to provide the employee with timely notice of the start of vacation.

. If, for certain reasons, an employee is not at the workplace, the document, after its preparation, is sent to him by letter. The fact that the worker has been familiarized with the document will be confirmed by a notification of delivery of the letter, but in this case, by the date on which the letter was delivered to the worker (that is, the day on which he signed this notice).

By following these simple rules prescribed in the legislation of our country, you can avoid unpleasant surprises and conflict situations in the team. It is important to correctly fill out the employee’s notice of the start of vacation, as well as adhere to the established deadlines. To make your job easier, we offer notifications right now.

At the legislative level, every worker is granted the right to annual leave. This right arises as soon as the employee has served at the given enterprise for six months or more. The company creates a schedule indicating the order of rest for employees. To avoid unpleasant situations later, you need to arrange your vacation correctly. This applies to notifying the employee about the upcoming vacation.

The Labor Law stipulates several types of rest provided to employees:

1. Basic vacation. Every year a worker can take paid rest.
2. Vacation, which is additional and paid. This is student leave, maternity leave, as a result of harmful working conditions.
3. Other types of recreation prescribed by law or in the regulations of the enterprise.

The norms and rules of notification are prescribed in the labor law, Article 123. In particular, it says that the employee must be notified of the upcoming vacation at least 14 calendar days before the planned vacation period. Notification of leave comes from the prepared schedule. This document is issued in mid-December. An order approving the vacation schedule is prepared in advance. The paper indicating the rest periods of each employee is endorsed by the manager and becomes the official paper of the enterprise. Based on the dates in the schedule, the person in charge notifies the next employee that in 2 weeks the latter will have annual paid leave.

The absence of an employee from the workplace should not be an obstacle to his notification. For this purpose, postal delivery to your place of residence is provided. The letter is sent with a list of attachments and a form indicating the date of receipt of the paper. The prescribed day, month and year will be the beginning of the two-week countdown.

In the absence of notification, the employee has every right to write an application to postpone regular leave according to the appropriate schedule. To carry out this process, you need to submit a new application, where a different date for your next vacation will be indicated. The document is endorsed by the manager and transferred to the department responsible for personnel. Here an order is being prepared to make changes to the regular vacation schedule. Only then do the dates in the document change.

Failure to notify an employee about a vacation may lead officials to administrative liability. If an employee contacts the labor inspectorate and this fact is revealed, the perpetrators will pay a fine in accordance with the Code of Administrative Offenses (Article 5.27).

HR officers have the opportunity to issue an order in advance and sign it with the director. Therefore, there should be no delay in taking advantage of long holidays as the documents are prepared in advance. As a rule, the notification is prepared in two copies. One is given to the employee, and on the second, the warned employee puts the date and signature in his own hand.

An employee can personally come to the personnel department, receive a notice of the start of vacation, and need to sign in the journal and put a mark on the date of receipt.

But it happens that an employee, upon receiving a notification, categorically refuses to sign the notification paper. Then witnesses are invited to confirm the refusal, and an internal act is drawn up, where the reasons for the refusal will be indicated, and if there are no reasons, a corresponding entry is made. Subsequently, the completed documents are processed according to the schedule and stored for as long as required by law.

A document informing an employee about the onset of annual leave is drawn up on the basis of internal regulations used in the life of the company. It is allowed to draw up the form both on plain paper and on the form used for writing official letters. It is also not prohibited to submit it in handwritten form and in electronic form with subsequent printing on a printer.

Today there is no single and unified type of notification. Therefore, HR officers can draw up the paper arbitrarily, observing the general rules and requirements for drafting. Explanations are given in an official letter from Rostrud under number 1693-6-1.

The letter is drawn up on the letterhead of the company, which contains the details and full name. Mandatory information in the notification:

• number of the outgoing document and the date of its preparation;
• Full name, position of the employee going on vacation;
• the main part of the notification indicates a document containing information about the vacation, the start date of the proposed vacation, duration, and end date. An article of the labor law is prescribed, which is the basis for the provision of annual leave in the company;
• The notification is completed by the signature of the manager and the person responsible for drawing up the paper.

The employee familiarizes himself with the contents of the notification and, if he agrees, signs.

Sample notification letter:

Each completed and issued notice is noted in a journal intended for recording such documents. The registration book is approved by internal orders of the enterprise, which determine the rules of maintenance and storage.

For 2021, the format and content of the journal where vacation notices are marked are not established by law. But the notebook must reflect the following information.

Title page of the document:

1. Full name of the company.
2. The name of the magazine, what it was designed for.
3. The day, month and year when the notebook was started. Also, after the last entry is made, the end date of the journal is set.
4. The journal is stitched, a mark is placed on the number of sheets used for entries.

The internal part consists of a table with the following data:

• document: notice or notification;
• serial number of the record;
• the day, month and year when the document being noted was drawn up;
• reason for issuing the notification, internal content. The information contained in the list of vacations of the enterprise team is indicated;
• initials and position of the employee for whom the notification is issued;
• a mark is placed indicating that the document has been received: date and signature;
• notes. As a rule, information about refusal or consent to accept the notification is noted here.

Subsequently, the log will serve as proof that the employee received the notification in the event of legal disputes.

Sample notification log:

The order approving the list of documents subject to mandatory storage and archiving, signed and entered into force in 2010, under number 558, states that notices and alerts must be stored for at least 5 years on the territory of the enterprise.

If the organization is closed and the five years of storage have not expired, then the documents are handed over to the city archive.

Notification to the employee that he will be on vacation in two weeks must only be in writing. Otherwise, the employee has every right to postpone the start and end dates of rest to another period or contact the labor inspectorate to protect violated rights.

Initially, you become familiar with the vacation schedule. The employee signs and dates it. This is followed by notification and departure for a planned vacation. But this all applies to cases when the start of a long weekend coincides with the established plan.

However, it is often possible to find the provision of vacation at the initiative of the hired worker, and not according to the vacation schedule.

It is worth considering some cases when notification is not required:

• weekends at your own expense. The employee makes a decision independently and writes a corresponding statement about it. However, there is another reason for going on free leave - it is a production necessity. The employee must be notified in advance;
• provision of advance leave. This is only possible if an agreement is reached between the employer and the subordinate. An application is written indicating a request to provide days off in advance;
• part-time workers must rest at the same time both at their main place of work and at their combined position. Accordingly, a request is submitted to the head of the second company for the provision of days along with a document confirming leave for the main job. When taking time off from an additional job, a part-time worker should pay attention to the time worked. If you are part-time for less than 6 months, the days are provided in the form of an advance;
• Leave related to an employee’s pregnancy is granted upon application written 14 days in advance. Before going on maternity leave, a woman has the right to take annual leave, issued in the standard manner;
• Until recently, when an employee who was a citizen of another state was sent on leave without pay, the migration service was notified. As of today, this procedure has been cancelled. Providing a foreigner with annual paid leave is carried out as standard, as for Russian employees;
• when the chief accountant or general director goes on vacation, notification of the start of the vacation is given 2 weeks in advance.

If an individual entrepreneur has hired workers, the provision of rest is carried out on a general basis. There is no division in the law between an individual entrepreneur and a legal entity in terms of notifying employees about annual leave. This is stated in the Labor Code, Art. 20.

How to send a notification

Notification of the start of vacation can be communicated to the employee in different ways:

• If he is on duty directly at the workplace, then it is best in person, from hand to hand (under signature).
• If for some reason the future vacationer is absent (for example, he is on sick leave or on a business trip), then either by registered mail via Russian Post, or through an authorized representative, deliver to the address of his location (in this case, you should also take care of obtaining an acquaintance mark with the document).

For foreign citizens and part-time workers

Notification to the Federal Migration Service for foreign citizens is required if an employee requests leave without pay for more than one calendar month during the year .

Part-time workers must be granted leave simultaneously with leave from their main place of work. In order to fulfill this condition, part-time workers must provide the employer with information about the duration of vacation at their main workplace.

If a part-time worker has not worked the required number of months to receive leave, he is given leave without pay for the missing days. As a rule, a part-time employee has a personal interest in ensuring that his leave from his main job coincides with his leave from his part-time job, so notification of the start of leave will be of an informational nature .

Watch a video about the peculiarities of work and vacation for part-time workers:

In order to make the relationship between employee and employer as simple and legally competent as possible, it is necessary to know the rules for drawing up, transmitting and confirming leave notices. Competently and timely drawn up and properly stored documents are the key to the successful operation of any organization.