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Published: 03.11.2019
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- 1 Reasons for making changes to the vacation schedule
- 2 Why is the vacation schedule changing?
- 3 Procedure for making changes
- 4 Order to amend the vacation schedule
- 5 Making changes to the vacation schedule - sample 5.1 New personnel
Notice of granting leave to an employee: sample 2021
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).
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).
Note! In order to record and optimize storage, the enterprise can create a log of issued notifications. Since there is no approved form for this journal, the administration has the right to independently develop a sample journal for recording notifications about the start of vacation, as well as determine a list of information to be included in it.
The basic rules for journal design can be defined as follows:
- The title page displays the following information:
- name of the organization that issued the document;
- document's name;
- journal start and end dates.
- The tabular section provides the following information:
- the name of the document being compiled;
- serial number;
- date of its registration;
- the meaning of the notice issued;
- position and personal data of the employee in whose name the notice is issued;
- delivery information;
- information about the response to the notice.
Important! The storage period for notices of the start of vacation is determined by the order of the Ministry of Culture of Russia “On approval of the list of standard management archival documents...” dated August 25, 2010 No. 558 and is 5 years.
Procedure for making changes
To make changes to the vacation schedule, you need a documentary basis, which is an order from the manager.
We invite you to familiarize yourself with: Sample letter to bailiffs regarding the fulfillment of obligations
In turn, to draw up an order you also need supporting documents.
The need to change the schedule may arise in the following cases:
- Upon receipt from an employee of an application to postpone vacation in accordance with Article 124 of the Labor Code of the Russian Federation (sick leave during the rest period, going to work and performing government duties, violation by the employer of the rules of the Labor Code of the Russian Federation regarding the provision of annual leave).
- When receiving a request from an employee to change dates due to personal family circumstances.
- Obtaining consent from the employee to postpone vacation dates in response to the employer’s proposal.
All other reasons - family circumstances, production needs - are not strictly obligatory reasons for postponing vacation days.
In order for a personnel employee to make changes to the schedule, he must receive an order from the manager.
In turn, an order is drawn up if there is an application from an employee with a request to postpone or agree to change vacation dates in response to the employer’s proposal.
A sample schedule approval order can be found here.
If the initiative to change the vacation schedule comes from an employee, then the following circumstances may be the reasons:
- incapacity for work while on vacation;
- temporary call to work during rest to perform duties;
- late payment or non-payment of vacation pay by the employer;
- failure to notify the employee about the start dates of the vacation period - you need to notify 2 weeks in advance;
- family circumstances.
If the basis for the change is the personal circumstances of the employee, then the decision to postpone vacation days and make changes to the schedule is made by the manager at his own discretion.
The first four reasons, when indicated in the employee’s application, are the basis for granting the request and drawing up an order to change vacation dates.
The order to postpone vacation and change the schedule should indicate:
- on what basis is the order drawn up;
- in connection with which the vacation is postponed;
- for what period of time the transfer is carried out;
- an order is given to change the schedule and personnel documentation.
Changes to the vacation schedule are made on the basis of an order to postpone the vacation. It must indicate:
- the reason for postponing the vacation;
- previous vacation dates;
- new dates to which vacation is postponed;
- order to the HR employee to make changes to the schedule.
Once completed, the order is signed by the manager and sent to the HR department for execution. The order must be presented to the employee against signature.
The storage period for an order to amend the vacation schedule is 5 years (clause 19 of the List, approved by Order of the Ministry of Culture of the Russian Federation dated August 25, 2010 No. 558).
Notifying an employee about leave
The notice of the start of leave is an official document for registering an employee’s departure for annual paid leave. Every employed person has this right. By law, every organization draws up a vacation schedule for its employees at the end of the year. The document specifies the rest period for each employee.
Retirement according to vacation schedule
The employer establishes in the regulatory act of the enterprise the obligation of employees to submit an application several days before the start of the required leave at their discretion. That is, in some organizations this is practiced - the employee writes and submits a corresponding application to the accounting department before going on vacation.
According to the law of the Russian Federation, this is not necessary. After all, the norms of the Labor Code say that vacation is granted to an employee based on the vacation schedule, and not on application. If this obligation exists in the local regulatory act of the organization, but the employee has not fulfilled it, the employer is still obliged to provide the next rest in accordance with the established procedure - schedule.
Application for leave is only possible in certain cases. For example, if an employee needs unscheduled unpaid leave.
By law, the employer is required to provide a document, in this case a notification, to the employee 14 days before the start of the required rest. This obligation must be fulfilled not only for those who go on regular scheduled leave, but also for employees who decide to take additional rest. If an employee goes on vacation at his own request (for example, on unpaid leave), then there is no need to give notice.
According to labor law, the employer is required to provide a document that notifies the employee of the upcoming next vacation. The employee is required to sign one copy, which will correspond to his notification.
If the employee has not received such a document, then he can independently change the date of rest to any convenient time. To do this, the employee will need to write a corresponding application addressed to the head of the organization. It must indicate that he was not warned about the next vacation and about its start. In addition, the lack of notification may serve as a serious reason for the initiation of proceedings by the labor inspectorate. That is why you should not neglect this document and hand it over to the employee.
This document can be created in free form. In most cases, each company has its own approved template for notifying employees about vacation. The method of filling out the document must be approved in the regulatory acts of the organization.
The notification is drawn up in two copies, each of them must be signed by the employer or his authorized representative (director, head of the personnel department, chief accountant). One document is handed over to the employee. The second copy remains in the company's archival documents after it is registered in the journal. This confirms that the employee was familiar with the date of the upcoming vacation, and the employer fulfilled his obligations.
It is not necessary to stamp the document. A seal impression is required only if the internal policy of the institution requires it. But a note about the notification must be included in the company’s accounting journal.
The document can be drawn up on a plain sheet or on the organization’s letterhead. You can enter information both in written and printed form.
To compile a document, you need to divide the sheet vertically into 3 parts. The header (beginning of the sheet) indicates:
- employer information;
- information about the recipient, that is, the employee;
- Title of the document;
- Date of preparation;
- notification number.
In the middle part or main block you need to add:
- vacation start date;
- its duration, which is indicated in calendar days and can be 14 or 28 days;
- date of return to work.
The last part of the document indicates the name of the employer, the responsible person and his signature. Below is the employee’s personal information (full name) and signature.
An example of an order to cancel additional payment for hazardous working conditions
Previously, based on the results of the AWP, class 3.1 was assigned. Based on the results of the SOUT, the employer reduced the amount of additional payments and compensation. Is this legal?? The wages were somehow compensated, but they don’t want to compensate for the loss of additional leave (it was 21, now it’s 7), without explanation.
The same is true with the increase in the length of the working week. Should the employer compensate for these losses under 426 and 421 of the law?? As far as I understand, in general everything should remain in full, the class of work has not changed, but has even worsened.. Thank you. #12 IP/Host: 85.93.56.
Registration date: 08/14/2021 Messages: 1 Re: Cancellation of the allowance for hazardous working conditions based on the results of a special assessment, can an employer, after conducting a special assessment of labor conditions (assigned class 3.
1) cancel additional leave for boiler house employees if automated work was not carried out before January 1, 2014.
Order on additional payment for hazardous working conditions
Question: Medical employees had an additional payment according to list No. 1.2 for harmfulness of 15%; after carrying out the OSH, the harmfulness was abolished for some.
The employees were notified 2 months in advance, but it is necessary to make changes to the collective agreement if the regulations on wages specify hazard classes and the provision is an annex to the collective agreement, thank you.
Important Answer Yes, in this case it is necessary to make changes to the collective agreement. If safe working conditions are provided at the workplace, confirmed by the results of a special assessment, compensation for harmful working conditions is not established for employees, and previously established ones are subject to cancellation (clarification of the Ministry of Labor of Russia dated February 13, 2013 .). We believe that in your situation it is necessary to make changes to the collective agreement.
Cancellation of surcharges for hazardous working conditions
Details in the materials of the Personnel System: 1. Answer: How to make changes to an employee’s employment contract if, based on the results of a labor assessment at his workplace, harmful and dangerous working conditions are not identified N.Z. Kovyazin Responsibilities for ensuring safe conditions and labor protection rest with the employer (Article 212 of the Labor Code of the Russian Federation).
The employer is obliged, among other things, to ensure that a special assessment of working conditions is carried out. Based on its results, the employee’s work in dangerous and harmful working conditions is determined, and the issue of establishing compensation is resolved (Article 7 of the Law of December 28, 2013 No. 426-FZ).
The article about additional payment for mentoring will help you avoid mistakes in your work.
For what reasons is the abolition of hazard surcharges?
The mere fact of conducting a special assessment cannot be a reason for unilaterally changing the terms of employment contracts with employees, since this procedure only assesses working conditions, but does not change them.
Thus, approval of a report on a special assessment of working conditions does not in itself constitute grounds for the employer to unilaterally cancel the guarantees and compensation provided for by the Labor Code of the Russian Federation for work in hazardous working conditions.
The level of corresponding guarantees and compensations can be changed only if, based on the results of a special assessment of working conditions, changes in the working conditions of employees were recorded, and only from the moment appropriate changes are made to the employees’ employment contracts in the manner prescribed by Art. 72 or 74 Labor Code of the Russian Federation.
The results of the special assessment relate to reasons related to changes in organizational or technological working conditions. In this case, it is allowed to change the terms of the employment contract determined by the parties (except for changing the employee’s labor function) at the initiative of the employer (Part.
1 tbsp. 74 Labor Code of the Russian Federation). EMPLOYEE'S WORKING CONDITIONS HAVE IMPROVED - BENEFITS ARE CANCELED If the working conditions at the employee's workplace have become acceptable or optimal, the employer no longer has any grounds to provide him with guarantees and compensation for working under harmful and (or) dangerous working conditions.
But the cancellation of guarantees and compensation, as well as the need to make appropriate changes to the employee’s employment contract, must be notified at least two months before their cancellation (Part 2 of Article 74 of the Labor Code of the Russian Federation).
During this period, the employee must be provided with the guarantees and compensation previously established by the employment contract.
Article 147 of the Labor Code of the Russian Federation - additional payment for harmful working conditions
The absence of harmful working conditions is the basis for signing an additional agreement with the employee, which is attached to the employment contract.
This agreement cancels all additional payments and compensations that were due to the employee when he was registered for hazardous work. If the certification commission decides that there are no harmful conditions, workers lose all their privileges.
Cancellation of additional payments for harmfulness becomes possible after the employer signs an order confirming the relevant certification results.
An additional agreement to the employment contract is concluded with employees, canceling all benefits and additional payments.
Vacation notice: is it necessary and how to write it?
The Labor Code obliges the employer to annually provide staff with paid days off while maintaining their job. The priority of provision is determined 2 weeks before the start of the calendar year; for this purpose, a vacation schedule is drawn up. The legislation does not require that the opinion of each employee be taken into account when drawing it up (only the opinion of the trade union); the employer has the right to draw it up at his own discretion, based on production processes, the specifics of the activity and the interests of the company. Art. 123 of the Labor Code of the Russian Federation requires notification of an upcoming vacation no later than 2 weeks before its start.
At the same time, the law does not prohibit making adjustments to the schedule during the year taking into account the wishes of employees by mutual agreement. If actual dates differ from previously accepted ones and are provided on a separate application, then notification is not required.
If the employee was not notified in a timely manner about the upcoming vacation, then it is postponed to another date, taking into account the wishes of the employee (Article 124 of the Labor Code of the Russian Federation).
The vacation application for the 2021 - 2021 sample has a traditional structure - as in other types of documents containing an official written request from the applicant.
Certain difficulties regarding how to write a vacation application may arise for people who are completely unfamiliar with the norms of office work.
How to write a vacation application? Before drawing up an application for leave, you need to visually divide the sheet of paper on which it will be written (preferably in A4 size) into 4 parts:
- In the upper corner on the right you should indicate the exact name of the position and full name of the head of the enterprise, and below provide your personal data and position (you should also indicate the structural unit if the employee does not work in the parent company).
- In the center of the page you must write the name of the document.
- After this, from a new paragraph you should reproduce your request, indicating the type of leave and its duration.
- Under everything written above, you will need to put the date of the document and your own handwritten signature.
If you have difficulties with how to write a vacation application, you can ask your company for a sample vacation application form - as a rule, the employee responsible for personnel production (or an accountant) always has it on hand. You can also make a statement using our example (it is given below).
An application for vacation of the 2021 - 2021 sample, in case of its transfer, can be drawn up according to this example (the sample text must be written in the application part of the document):
“In accordance with the approved order No. _ dated _ vacation schedule, the next paid leave should be granted to me from January 28, 2021 for a period of 28 days.
According to Art. 124 of the Labor Code of the Russian Federation, I ask you to postpone the start date of vacation to June 18, 2021 for the same period.”
In the event that there is a need to take advantage of only a few vacation days and take the rest later, then a sample application for part of the annual paid leave will look like this (we give a distinctive fragment from the text of the document):
“I ask you to provide me with a portion of the annual paid leave of 10 calendar days, starting from August 15, 2021.”
Sometimes a working person may need to take one day off to resolve some problem. The best way out in this case is to take time off as part of your annual vacation.
To receive such time off for 1 day on account of vacation, you will need to fill out a petition addressed to the head of the institution, which sets out the reason and day for allocating the vacation.
After the application is signed by the boss, an order signed by him is issued, which is sent to the accounting department for processing. This order is a document justifying the absence of a subordinate from work.
The application form is the same as for the same request for paid rest or administrative leave.
Sample application for leave for 1 day on account of vacation
Often, an employee’s plans change and he cannot go on vacation as scheduled. The employer's plans may also change.
The law requires compliance with the vacation schedule and establishes certain rules for notifying the employee about the start time of the vacation.
If the employee's vacation period changes, the employee must be notified about this 14 days before the start of the vacation.
The fact that the company did not notify the employee about the start of the vacation is revealed during inspections by the labor inspectorate. If your company is subject to inspections by the labor inspectorate for a year, you need to take care of putting your personnel documents in order, including those on vacations.
If you do not draw up notifications, you must have orders in Form No. T-6 or T-6a, issued and signed 14 days before the vacation. This gives you the right to assert that the requirements of Article 123 of the Labor Code of the Russian Federation have been met.
If a conflict arises with an employee, he can use the fact that he was not notified about the start of vacation to his advantage. Whether in court, or in a complaint to the labor inspectorate.
Note! An employee who was not notified of the start date of the vacation has the right to postpone it to another date. And the company cannot refuse.
For violation of labor legislation, or more precisely, for failure to notify the employee about the start of vacation, they can be fined under paragraph 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation:
- individual entrepreneur in the amount from 1,000 rubles to 5,000 rubles;
- the head of the company in the amount from 1,000 rubles to 5,000 rubles;
- company for an amount from 30,000 rubles to 50,000 rubles
Since the vacation schedule is a mandatory document not only for the employer, but also for the employee, if changes are made to it, agreement of the parties is required.
To record the transfer of vacations in the current calendar year in the T-7 form, columns 7-9 are used.
As a rule, new employees join the company throughout the year. In this regard, the question often arises: what to do if a person started working after the vacation schedule was approved?
Rostrud relies on law enforcement practice in this matter and provides two options on its official website:
- make changes to the consolidated vacation schedule;
- draw up an additional schedule and attach it to the summary one.
Why is the vacation schedule changing?
Any other changes to the vacation schedule are due to the fact that for some reason vacation is provided earlier or later than the planned vacation date (column 6 of the vacation schedule) or is not provided at all in the current calendar year.
In such cases, you do not change the start date of the vacation planned when approving the vacation schedule (column 6), but enter information in columns 8 (base (document), where you indicate its date and number (if any)), 9 (date of the proposed vacation) and 10 (note) graphics.
The table shows the most common situations that require changes to the vacation schedule, and examples of records justifying the changes.
Remember, there is no need to make any corrections or cross-outs when making changes to the vacation schedule. If the vacation is postponed for one reason or another more than once, then information about this will have to be entered into the schedule several times.
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.
Rules for drawing up a vacation schedule for 2021
The application is written on a sheet of A4 paper by hand using blue, purple or black ink, or a computer is used to type the text of the application. In accordance with generally accepted rules of office work, all documents drawn up by employees have a standardized structure. You need to take an A4 sheet, visually divide it into 4 parts and place the text in accordance with the following principles.
If employees have recently been hired and are not included in the vacation schedule, then a simple form applies to them. A sample application text might look something like this:
“Please provide me with annual paid leave from 07/01/2021 to 07/14/2021.”
One more example:
“In accordance with the current vacation schedule at Neptune LLC, I ask you to provide me with another paid vacation from July 1, 2021 for a period of 21 calendar days.”
The following statement text may be used:
“I ask you to grant me another paid leave for 28 (twenty-eight) calendar days from July 3, 2021. until July 30, 2021.”
Study leave is provided by the employer to those employees who are studying at universities on a full-time, part-time or part-time (evening) basis or in institutions of secondary vocational education (technical school, college) on a full-time, part-time or part-time (evening) form of study, as well as in educational institutions of primary vocational education (college, training center) regardless of the form of education (Article 175 of the Labor Code of the Russian Federation) and evening (shift) educational institutions (school, gymnasium) regardless of the form of education.
To the manager of CJSC "GlavSpetsMontazhStroy" Montazhnikov A.B. from the manager of the innovation development department Sidorov V.G.
Statement
In connection with my studies at the State Educational Institution of Higher Professional Education "All-Union State Construction University" in accordance with Article 173 of the Labor Code of the Russian Federation and on the basis of this application, I ask you to grant me study leave with preservation of the average salary for a period of 40 calendar days from 03/15/2019 . Appendix: Help-call No. 1234 dated 03/01/2019.
01.03.2019 | Sidorov |
Let's sum it up
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?”
- The basis for making changes to the schedule is the postponement of vacation at the request of the employee, production necessity, due to the employee’s illness and for other reasons.
- Changes to the vacation schedule are made on the basis of an order to postpone the vacation.
- If a unified schedule form is used, transfer data is reflected in columns 8-10.
- Data on vacations of new employees are entered into the order in the form of a separate attachment or not entered at all (in this case, the vacation is issued by order of the manager).
If you find an error, please highlight a piece of text and press Ctrl Enter.
Vacation application in 2021: how to write correctly
several reasons for postponing your vacation . There are reasons that are directly stated in the Labor Code of the Russian Federation. For example, this is the transfer of sick leave. Or it may be personal (family) circumstances that arise for the employee, which are not a mandatory basis for postponing vacation. However, there are categories that cannot be denied the transfer of vacation at the request of the employee.
An application for rescheduling leave is submitted by an employee who, on his own initiative, wishes to change the dates of the initially approved leave. This statement is mandatory if it is due to:
- violation of deadlines for payment of vacation pay;
- notification of the start of vacation.
In other cases, such a statement is often written in practice, although it is not required .
If the employer is in a difficult situation of staff shortages, he may ask the employee to postpone his vacation to another date. The employee has the right to disagree. However, in this case, the manager will also refuse to approve the transfer of vacation at the request of the employee. Therefore, we need to negotiate .
To inform an employee about the postponement of his vacation, you can send him a notice . It is better to include space in the notice for written consent or disagreement.
The document can be drawn up by a company employee in free form. You can draw it up on paper by hand or using a computer. In the latter case, the employee’s visa must be affixed.
The HR department may have ready-made vacation application templates. Then the employee simply needs to enter his data into this document.
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?
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.
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.
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Vacation notice sample
By officially finding a job, that is, concluding an employment contract with the employer, the employee acquires all the duties and rights guaranteed to him by law.
The right to leave arises for an employee six months after the start of his work in the organization. At the same time, for the employee:
- his job is preserved;
- his average earnings are maintained.
In accordance with Art. 115 of the Labor Code, the duration of the main annual leave is defined as 28 calendar days. Some categories of workers are entitled to longer rest periods. As a rule, this is due to:
- the presence of difficult working conditions;
- location of the workplace in places with harsh climatic conditions (the Far North and similar areas);
- with irregular working hours, etc.
The duration of additional leave for each category of employees is regulated by the relevant articles of the Labor Code of the Russian Federation.
In addition, the employee is provided with other types of leave:
- for pregnancy and childbirth;
- leave for passing a session (certification) at a secondary and higher educational institution;
- unpaid vacations.
For organizations with a small staff, drawing up some kind of document defining the procedure for an employee to go on vacation may not be necessary, but if the organization has a large number of employees, it is simply difficult to keep track of who goes on vacation and when.
In addition, going on vacation involves not only finding and organizing a replacement (if necessary), but also paying vacation pay, which must be transferred to the employee at least 3 days before the start of the vacation.
Article 123 of the Labor Code of the Russian Federation stipulates the drawing up of a vacation schedule to determine the priority according to which employees are granted vacation.
The schedule is drawn up at the end of the year, usually first by department, and then consolidated throughout the organization. After drawing up and approval, it is mandatory for the employee to become familiar with the schedule.
However, despite the fact that the Labor Code of the Russian Federation directly speaks about the obligatory nature of the vacation schedule for both the employer and the employee, in practice, the fact that the employee is familiar with the schedule and signed does not mean that he is obliged to go on vacation on the specified in it the day and for the specified period.
If the need arises, the employee can either postpone the start of the vacation to an earlier or later date, or even divide the vacation into several parts, as well as write an application for unpaid leave if he considers that he wants to rest at his own expense. Another thing is that the employer may not agree with such a desire.
In addition, a woman can go on maternity leave, and a student employee can go on a session and thus go on study leave.
The initiative to postpone vacation may also come from the employer, for example, if a production need arises, to prevent disruption of work processes.
The vacation schedule is modified based on:
- employee statements;
- the employee's consent to postpone the vacation.
Since violations of labor laws give rise to a fairly large number of disputes, some of which end in proceedings in the courtroom, both the application and the employee’s consent must be drawn up in writing.
The form of the vacation notice is not defined by law, that is, each employer can draw it up taking into account the requirements for personnel documents established by the instructions for personnel records management in a particular organization.
The main thing is that the notification clearly answers questions about who it is addressed to and what it communicates. Its structure is approximately as follows:
- “header”, that is, information about the organization, its name, address, if necessary, telephone number;
- name, date of preparation and registration number (if such documents are registered according to the rules of record keeping of a particular organization);
- position, surname, name and patronymic of the notification addressee;
- start and end dates of leave;
- total number of vacation days;
- signature of the employee who prepared the notice;
- signature of the employee and date of review.
The employer establishes in the regulatory act of the enterprise the obligation of employees to submit an application several days before the start of the required leave at their discretion. That is, in some organizations this is practiced - the employee writes and submits a corresponding application to the accounting department before going on vacation.
According to the law of the Russian Federation, this is not necessary. After all, the norms of the Labor Code say that vacation is granted to an employee based on the vacation schedule, and not on application. If this obligation exists in the local regulatory act of the organization, but the employee has not fulfilled it, the employer is still obliged to provide the next rest in accordance with the established procedure - schedule.
Order to amend the vacation schedule
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 06/08/2020 to 07/05/2020.
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 8 to May 18, 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.
Now we will look in detail at how to correctly compose an order. First of all, the date of preparation is indicated, you need to write down the number of this official document, enter the name of the organization or department.
Orders begin with the wording “provide leave.” It is indicated who exactly goes on vacation. In the dative case the surname, first name, and patronymic of the employee are written. For example: Vakhrusheva Maria Nikolaevna. Then, in the appropriate fields, write down the name of the department and the position held by the employee.
Then you need to pay attention to the line where the specific working period is indicated. Lines A, B, C should be filled out in accordance with the type of vacation planned. We have the Labor Code of the Russian Federation. According to it, any employee has the opportunity to rest every year, while receiving monetary compensation, for 28 calendar days.
The issue is resolved by the manager individually if the employee has not worked for 12 months. For example, bosses are often ready to give their subordinates paid time off if they have worked for at least 6 months. Then this must be indicated under the letter B. In our example, the most common option is annual basic paid leave (letter A).
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Then all that remains is to sign the document. The order is certified with signatures not only by the manager, but also by the employee himself. The document is sent to the accounting department, human resources department, so it must be prepared in two copies.
Remember that here it is also extremely important to correctly fill out the order. A pregnant employee not only gets the opportunity to rest in accordance with it, but also has the right to monetary compensation. This right is regulated by the Labor Code of the Russian Federation.
The very fact of pregnancy, the upcoming birth of a child is not yet a reason for rest, because everything must be officially confirmed, a corresponding application must be registered, and an order must be issued.
An order for the leave of a pregnant woman is drawn up in form T-6 based on a set of papers. The expectant mother must first submit an application in which she asks to be given maternity leave and to receive cash payments. An official document indicating the planned date of birth of the child is also required.
A woman gets the opportunity to go on vacation 70 calendar days before the expected date of birth of the child.
You need a corresponding certificate from a medical institution - a antenatal clinic, as well as a certificate of incapacity for work. Any expectant mother will receive such documents without any problems at the institution where her pregnancy is being carried out.
Let's consider a few important points. Pay attention to the name of the vacation. It is customary to call it maternity leave, but you need to use the official name given in the Labor Code: maternity leave. This wording fits into line B.
Then you need to indicate the duration of the vacation. When a woman is pregnant with two or more children, complications arise, it is 192 days. In this case, the standard maternity leave period is most often used - 140 days. Be sure to indicate the start and end date of the vacation.
Often women decide to use the period of annual leave that they have left. You can apply for both vacations in one document T-6. In column A they write about the main leave, and then enter in line B the data about maternity leave, after which in line C they summarize the information about the two periods of rest.
Sample application for vacation in 2021
By law, the employer is required to provide a document, in this case a notification, to the employee 14 days before the start of the required rest. This obligation must be fulfilled not only for those who go on regular scheduled leave, but also for employees who decide to take additional rest. If an employee goes on vacation at his own request (for example, on unpaid leave), then there is no need to give notice.
According to labor law, the employer is required to provide a document that notifies the employee of the upcoming next vacation. The employee is required to sign one copy, which will correspond to his notification.
If the employee has not received such a document, then he can independently change the date of rest to any convenient time. To do this, the employee will need to write a corresponding application addressed to the head of the organization. It must indicate that he was not warned about the next vacation and about its start. In addition, the lack of notification may serve as a serious reason for the initiation of proceedings by the labor inspectorate. That is why you should not neglect this document and hand it over to the employee.
To compile a document, you need to divide the sheet vertically into 3 parts. The header (beginning of the sheet) indicates:
- employer information;
- information about the recipient, that is, the employee;
- Title of the document;
- Date of preparation;
- notification number.
In the middle part or main block you need to add:
- vacation start date;
- its duration, which is indicated in calendar days and can be 14 or 28 days;
- date of return to work.
The last part of the document indicates the name of the employer, the responsible person and his signature. Below is the employee’s personal information (full name) and signature.
It is mandatory to submit the document. You can do this in several ways:
- at the workplace in person;
- by registered mail via Russian Post;
- through a trusted person.
In any case, the employer must have its own copy of the notice and the employee’s signature upon delivery.
How to cancel additional payment for hazardous working conditions
how to cancel additional payment for hazardous working conditions
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How to cancel compensation for harmful working conditions
Improving labor criteria is a change in the contract criteria determined by the parties, which is carried out only by the design of an additional agreement (stat. 72, 74 of the Labor Code of the Russian Federation)
Compensation for harmful working conditions to a contractor
I came to the most harmful creature, I’m retiring from the most prosperous one. I don’t understand what has changed. Laws for the people, so...
Order to cancel hazardous working conditions
This leads to workers being unaware of their own rights and subsidies, as well as to non-compliance with the rights of employees by employers.
Dear readers!
We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
To quickly resolve your problem, we recommend contacting qualified lawyers on our website .
92. 117. 147 Labor Code of the Russian Federation). If conditions in the workplace have improved, as confirmed by the results of a special assessment, the guarantees should be reduced or even completely abolished (Part.
Cancellation of harmful working conditions at the enterprise
- The personnel officer prepares draft additional agreements for each employee whose work schedule has changed.
The legislation does not provide for a special form for such a document. You should rely on the text of the first agreement with the employee (copy the form); - Employees should be told about the changes in writing.
- new technologies have appeared to make work easier;
- modern equipment was invented and put into production;
- professions appeared that did not exist before.
How to cancel compensation for harm based on the results of a special assessment
If there has been a reorganization of the organization or the last name, first name, patronymic of the employer-entrepreneur has changed, or the employer has renamed the employee’s position and the actions from points 3–5 and 7 have not occurred, a special assessment may not be carried out.
This is stated in Art. 26 of the Law of December 28, 2013. No. 426-FZ.
Cancellation of compensation for harmful working conditions
A good day! 1. Based on the results of a previously conducted workplace certification, the employee was overpaid in the amount of 12% in class 3.3. After the assessment, the labor criterion was reduced to 3.2.
Is the amount of overpayment reduced in this case? 2. Should the employer notify employees 2 months in advance?
about future changes in pay and the provision of additional leave based on the results of the assessment, the labor criterion in this case, if the hazard class changes to the smallest extent, for example 3.2.
Milk is considered "harmful". In our country, even children know about this.
But what if the employer did not skimp on investing funds, and production was changed in such a way that harmful and (or) unsafe causes were significantly reduced? Is it possible in this case to deny employees the guarantees and compensation to which they are accustomed and which, importantly, are discussed in their employment contracts?
— Inflated wages, the small amount of which should be four percent of the tariff rate (stat. 147 of the Labor Code of the Russian Federation).
The small increase in wages for employees engaged in work with harmful and (or) unsafe labor conditions is 4 percent of the tariff rate (salary) established for different types of work with normal labor criteria. All employees with labor criterion class 3.1 and higher should receive it.
In order to avoid violations of labor legislation when implementing guarantees and compensation for work in hazardous labor conditions, the Municipal Labor Inspectorate in the Udmurt Republic informs about the procedure for providing the indicated guarantees and compensation in connection with changes in legislation that came into force in connection with the adoption of the Federal Law of December 28, 2013 No. 426-FZ “On special assessment of labor criteria.”
Employees should always be notified of the start of vacation.
By law, every employee is entitled to annual paid leave. During the rest period, both the position and the salary are retained - this is stipulated in Article 114 of the Labor Code. Typically, employees are entitled to 28 days, but employees in some industries are given additional leave. This period can be taken off in parts, but one of them must be at least 14 days. In the first year of work, the right to leave appears six months after employment; by agreement of the parties, paid leave can be taken earlier.
Leave without pay can be taken at any time by agreement with management, regardless of whether you have vacation days left or not. In the application you need to write: “I ask you to grant me extraordinary unpaid leave from _____ (date) to ____ (number) calendar days.” By law, you are not required to indicate a reason, but in practice, in this case, employers refuse. If there is a good reason (death or illness of a relative, wedding, birth of a child), the refusal rate is almost zero. In addition, a working pensioner cannot be denied unpaid leave.
Parental leave is available to families with children under three years of age. It can be issued not only by the child’s mother, but also by the father, grandmother, grandfather or any other relative. To do this, you need to submit an application and a package of documents to your employer no later than 10 days before your vacation. The application is written in free form, it can be for one and a half years or three at once. From the point of view of the law, this is one parental leave, only the first part is paid, and the second is not. In this case, the rate remains with the employee in any case, and the time of maternity leave is counted towards the length of service.
In addition to the application, for parental leave in 2021 you need to submit a package of documents:
- child's birth/adoption certificate;
- a certificate issued to the spouse in the accounting department, which will confirm that he does not receive benefits;
- birth certificates of other children, if any (this is necessary for calculating maternity payments).
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:
- Choose any other convenient time to finish off the unused part of your vacation (including adding this part next year).
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.
Cancellation of benefits and compensation for work in hazardous working conditions
Work in harmful and dangerous conditions is compensated by increased wages and other preferences. The legislation of the Russian Federation entrusted the employer with establishing the severity of the working conditions of employees.
Events have been held since 2014 according to new rules. Now a special organization, under an agreement with the enterprise, certifies workplaces.
When external factors change, this often leads to the abolition of harmfulness and, consequently, to a reduction in compensation.
Let’s look at the conditions under which the special labor regime is lifted. When should the manager make changes to the employment contract? What formalities need to be completed.
The legislative framework
The classification of the complexity of working conditions is given in Article 14 of Law No. 426-FZ of December 28, 2013. This regulatory act regulates the rules for establishing hazards and hazards at work. The event is carried out according to the following logic:
- The employer enters into an agreement with the evaluation commission and provides its employees with documentation;
- Specialists organize an assessment of each work place and draw conclusions about the degree of danger or severity, including in terms of work stages;
- The results of the specialists’ activities are documented in the form of a report.
Attention: the assessment report is the basis for making changes to the contract of the employee occupying the job position specified in the document.
Federal Law of December 28, 2013 No. 426-FZ “On special assessment of working conditions”
Why do they remove harmfulness?
The list of professions considered harmful or dangerous was approved in the USSR. Decree No. 298/P-22 of 1974 is still in force. Over the past years, a lot has changed in production:
- new technologies have appeared to make work easier;
- modern equipment was invented and put into production;
- professions arose that did not exist before.
The changes led to the need to conduct a serious audit of existing production facilities. The reform was necessary for two subjects of economic relations:
- employers paying preferential amounts under articles of the Labor Code;
- the state, which takes upon itself the social protection of citizens.
For information: with the entry into force of Law No. 426-FZ, a lot of work began on recertification of places of work. It often leads to the transfer of a position from a heavy class to a regular one.
Resolution of the USSR State Labor Committee of October 25, 1974 No. 298/P-22 “On approval of the list of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day”
What should an employer do?
The management of the enterprise receives certification certificates from employees of the evaluation commission. Documentation must be approved within ten days . If there are doubts about the correctness of the assessment, a claim is filed. This can be sent to court.
The adopted acts are a guide to action. All personnel documentation must be brought into compliance with the conclusion of specialists. The following work is carried out:
- workers are warned about changes in the terms of the contract;
- for each, additions to the contract are drawn up;
- the latter are carried out by order of the enterprise;
- changes must be agreed upon with a trade union organization or other representative body;
- employees are asked to sign an addendum to the agreement on the abolition of benefits for harmfulness or danger.
Attention: the basis for issuing an order and an addition to the contract is the certification act. His details must appear in the documents.
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Subtleties of design
The methodology for organizing interaction between the parties when eliminating heavy work conditions is described in Article 74 of the Labor Code. This involves the signing of an additional agreement. Theoretically, the initiator can be either a boss or a worker. The order is:
- The HR officer prepares draft additional agreements for each employee whose work schedule has changed. The legislation does not provide for a special form for such a document. You should rely on the text of the first contract with the employee (copy the form);
- Employees should be notified of changes in writing.
Workers are notified of the results of inspection activities and relevant changes in a notification form. The document must contain the following information:
- title: “On changing working conditions”;
- personal information of the addressee: Full name;
- date of change in payment;
- the reason for such a decision (you should refer to the certification sheet and Article 74 of the Labor Code);
- proposal: agree with the innovation;
- obtain a different place of application of forces at the same enterprise;
Hint: the notice is issued to the employee against signature or sent by letter with acknowledgment of receipt. Download for viewing and printing:
Article 74 of the Labor Code of the Russian Federation “Changing the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions”
Article 77 of the Labor Code of the Russian Federation “General grounds for termination of an employment contract”
Dear readers!
We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
To quickly resolve your problem, we recommend contacting qualified lawyers on our website.
What should a worker do?
The citizen who receives the notification must choose the most advantageous offer. He can:
- agree to cancel some guarantees and reduce wages (they will stop paying for harmful activities);
- ask to be transferred to another place where the guarantees are preserved;
- refuse.
In case of refusal, the employment relationship is terminated due to serious changes in working conditions. The procedure is described in Article 77 of the Labor Code:
- the person is warned two months in advance about the new state of affairs;
- The HR officer sends information about the release of employees to the Employment Center;
- after two months the person is fired (in some cases severance pay is paid);
- the unemployed person registers with the employment authorities and receives the appropriate benefit.
Advice: in a conflict situation, employees can send a complaint to the State Labor Inspectorate. Experts will check the legality of canceling payments for complexity and harmfulness.
about Article 74 of the Labor Code of the Russian Federation
lgoty-vsem.ru
Russian laws oblige employers who employ employees in hazardous work to regularly compensate them for the harm that difficult or even dangerous working conditions cause to their health and well-being.
In addition, special working conditions are provided for employees of such production facilities, for ignoring which employers will be fined or removed from their positions.
Let's consider what benefits and compensation for harmful working conditions are available to employees in 2021.
What are hazardous working conditions?
The enterprise must receive an expert assessment, and workplaces must undergo certification, based on the results of which the level of hazardous production will be established. Based on the data obtained, benefits and compensation will be assigned to employees, who must be notified of harmful factors and the possibility of contracting an occupational disease.
Working conditions under which:
- the specifics of the work performed involve high loads and a high probability of injury;
- during work there is interaction with viruses, pathogenic bacteria and other biological provocateurs;
- employees work with toxic substances;
- there are physical factors that negatively affect health (vibrations, high noise levels, increased air humidity or pressure, etc.).
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How benefits and compensation for harmful working conditions are established
In total, 4 classes of working conditions were identified, namely optimal, acceptable, harmful and dangerous. In the first case, only monitoring is required to ensure that working conditions do not deteriorate.
Acceptable working conditions oblige the employer to provide protective equipment and provide employees with additional rest time to minimize the possibility of health problems.
The class of hazardous conditions is assigned only to industries that involve chemicals and radiation, which is not common.
But the class of hazardous industries, the third, is the most widespread due to the same harmfulness of many factors, such as fumes, gas welding, heavy dust and others.
In this regard, class 3 is usually divided into subclasses, each of which determines the level of influence of a harmful factor on health and prescribes appropriate compensation and benefits for employees.
The main thing that attention is paid to when establishing the required benefits is a special assessment of working conditions (SOUT), which will be issued by the regulatory body after inspecting the company. Rostrud and the labor inspectorate of the region where the company is located are authorized to conduct inspections. Any workers who believe that they are not receiving the benefits they are entitled to can also apply here.
Conducting periodic medical examinations
Periodic medical examinations are also a mandatory measure to identify at an early stage occupational diseases acquired as a result of working in hazardous industries. In addition to standard examinations and laboratory tests, workers in class 3 production facilities must undergo:
- examinations aimed at identifying the development of tuberculosis;
- examinations aimed at preventing the emergence and development of HIV;
- examinations by a psychiatrist.
Source: https://yur-zakon.ru/otmena-l-got-i-kompensaciy-za-rabotu-vo-vrednyh-usloviyah-truda.html
Vacation schedule for 2021: features of preparation, form
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;
- 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.
outgoing number and date of registration of the vacation notice;
Sample notice of the start of an employee's vacation
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.
Every year, vacation schedules are formed at each enterprise. Applying for permission to rest during a specific period is the basis of the schedule.
This schedule has several goals. Firstly, the employees themselves know who will replace whom.
Secondly, this allows you to avoid widespread vacationing in one period. Thirdly, the employer has the opportunity to plan a budget, because paying vacation pay requires reserving money.
Once the schedule is formed and approved, the work does not end. Each employee is notified of the upcoming vacation two weeks in advance. The employee does not need to do anything, so the question of how to write a vacation application does not arise. You just need to sign the order issued by the organization.
The right to rest is enshrined in the Labor Code of the Russian Federation for everyone with whom an employment contract has been concluded. According to the law, it is enough to work for six months to go on vacation.
If the schedule has already been approved, then the rest is provided out of sequence. To do this, you must submit a correctly drawn up vacation application addressed to the manager, which must be endorsed by him.
If the administration has no objections, then it is transferred to the HR specialist to issue an order.
The law does not contain rules on how to correctly write a vacation application, so you can compose it in any form, making sure to indicate the desired dates. This does not mean that this particular period is agreed upon, but usually wishes are taken into account.
To the Director of the State Budget Educational Institution of Children's and Youth Sports School "Allur"
from the Deputy Director for Methodology
on provision of annual paid leave
Please provide me with annual paid leave for 14 (fourteen) calendar days from July 1 to July 14, 2021.
Sample application for unpaid leave
I ask you to grant me leave without pay for 3 (three) calendar days from July 3 to July 5, 2021 in connection with marriage.