Drawing up a vacation schedule: rules, common mistakes, deadlines for drawing up Legal advice

Briefly about the 2021 vacation schedule

By the end of the year, there is critically little time for everything. Use our diagram - it will tell you when to draw up a vacation schedule for 2021 and in what form, as well as with whom to coordinate it and who to familiarize with it.

You will find details on what to consider when drawing up and approving a vacation schedule in the following sections.

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Vacation schedule: registration rules and changes

Vacation schedule - the rules for registration and amendments to it are regulated by both the Labor Code of the Russian Federation and the Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment” (in terms of filling out the schedule using a unified form) .

The employer must approve the vacation schedule no later than 2 weeks before the start of the calendar year, i.e. no later than December 17. If the deadline falls on a weekend, it is shifted to the next closest working date. The legality of such a transfer was confirmed by the Ministry of Labor (letter dated December 8, 2017 No. 14-2/OOG-9399).

To find out whether a separate order is required to approve the vacation schedule, read the article “Order on approval of the vacation schedule - sample (2020 - 2021).”

Recommendations from ConsultantPlus experts will help you make changes to your vacation schedule:

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Why the schedule must be approved no later than December 17, 2021

This date is not accidental and was calculated according to the norms of Art. 123 of the Labor Code of the Russian Federation - the vacation schedule for the next year is approved no later than 2 weeks before the start of the calendar year.

The calendar year, as we know, ends on December 31st. Let's count 2 weeks from this date and get the deadline no later than which the vacation schedule for 2021 must be approved:

If the employer does not have a timely approved schedule, he may be fined under Parts 1 and 2 of Art. 5.27 Code of Administrative Offenses of the Russian Federation (we will tell you more about fines below).

Only micro-enterprises that have refused to adopt local regulations, including the vacation schedule, may not approve the vacation schedule within the specified period. In this case, it is necessary to conclude a written agreement with the employee, indicating this in the appropriate clause of the employment contract on the standard form (clause 22 of the Standard Form of the Employment Contract, approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858). Such rules are provided for in Part 1 of Art. 309.1, Art. 309.2 Labor Code of the Russian Federation.

How to create a rest plan for company employees

Article 123 of the Labor Code of the Russian Federation obliges each employer, no later than two weeks before the new year, to prepare a document establishing the rest period for employees in the next year. It takes into account the following types of leave:

paid annually;
unused last year;
additional, provided for by local regulations or legislation.

The schedule for providing paid days off to employees of the enterprise is drawn up, coordinating it with the trade union, if there is one. Before issuing an order to provide information about planned vacations, take into account the wishes of employees who have a priority right to choose the time of vacation - these are wives of military personnel, Chernobyl victims, parents of large families, etc.

Special categories of employees in the vacation schedule

In general, the employer has the right to disagree with the vacation dates chosen by employees and to regulate the process of granting vacations taking into account production needs in order to ensure continuous work technology.

However, there are categories of employees whose opinion on the vacation period the employer is obliged to take into account (part 3 of article 122, part 4 of article 123 of the Labor Code of the Russian Federation). For example, the right to use vacation at a convenient time is available to:

women before the start of maternity leave (paragraph 2, part 3, article 122 of the Labor Code of the Russian Federation);
parents with many children with children under 12 years of age (Article 262.2 of the Labor Code of the Russian Federation);
persons awarded the sign “Honorary Donor of Russia” (clause 1, part 1, 2, article 23 of the Law of July 20, 2012 No. 125-FZ, Appendix No. 7 to the Order of the Ministry of Health and Social Development of Russia of March 31, 2005 No. 246) and some other categories of workers .

The vacation period of such employees and the specific date are determined at their request (Letters of the Ministry of Labor dated 02.27.2020 No. 14-2/OOG-1439, dated 10.31.2019 No. 14-2/OOG-8456).

If an employer refuses to provide certain categories of employees with vacation at a time convenient for them or violates the vacation schedule, employees have every right to complain to the labor dispute commission or send an application to the court (Articles 382, 391 of the Labor Code of the Russian Federation).

How to make a vacation schedule correctly

When drawing up a vacation schedule, the employer must take into account the wishes and rights of each employee. The right to priority choice of vacation period belongs to the following categories of employees:

Victims of the Chernobyl accident and other disasters associated with any types of nuclear installations (Law No. 1244-1 of May 15, 1991).
Women and guardians who are raising three or more children under the age of 12 (Article 262.2 of the Labor Code of the Russian Federation).
Workers under 18 years of age (Article 267 of the Labor Code of the Russian Federation).
Participants of the Great Patriotic War, heroes of socialist labor, war veterans, combat veterans, full holders of the Order of Labor Glory (Law 5-FZ of January 12, 1995).
Guardians, adoptive parents, parents, trustees raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation).
Heroes of the Russian Federation, heroes of the USSR, full holders of the Order of Glory (law No. 4301-1 of January 15, 1993).
To honorary donors of Russia and the USSR (law No. 125-FZ of July 20, 2012).

After drawing up the vacation schedule, it must be agreed upon with the trade union organization (if there is one at the enterprise).

Vacation scheduling

An enterprise that uses unified primary documents draws up a vacation schedule in the T-7 form. It was approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of January 5, 2004.

In accordance with the approved rules, the following vacations are indicated in the vacation schedule:

basic;
additional;
carried over from the previous year.

Leave without pay (at your own expense) is not reflected in the schedule.

The rules for drawing up the document are prescribed in Resolution of the State Statistics Committee of the Russian Federation No. 1 of January 5, 2004 and the Labor Code of the Russian Federation. The employer's details are indicated at the top. They write down its name and OKPO code. Then indicate the fact of approval of the vacation schedule with the Trade Union. They write down the document number, the date of its preparation and the year for which it is approved.

After this, fill out the table. Its columns indicate the following data:

column 1 - name of the structural unit;
Column 2 - profession/position/specialty of the employee in accordance with the staffing table;
Column 3 - last name, first name and patronymic of the employee;
column 4 - personnel number, if the enterprise assigns a personnel number to each employee;
Column 5 - number of calendar days of allotted leave;
column 6 - date of planned vacation;
Column 7 - the date the employee actually went on vacation.

In case of postponement of vacation, fill out columns 8-10. Column 8 indicates the document on the basis of which the vacation is transferred. In column 9 - the date of commencement of use of the vacation or part thereof. Column 10 contains additional information. For example, the reason for postponing vacation.

Familiarization of employees with the vacation schedule

According to the norms of Art. 123 of the Labor Code of the Russian Federation, the vacation schedule is mandatory for the employer and employees. To comply with this requirement, both parties to the employment relationship must be familiar with this document in a timely manner.

There are no special rules in the law regarding familiarization of employees with the vacation schedule. Therefore, it does not matter in what form you received the signature of the employees - on a separate familiarization sheet, in a special column of the vacation schedule itself, or in another way. The main thing is that employees see the approved version of the schedule, and the employer has written confirmation that each member of the workforce has familiarized himself with this document.

The employer should not forget about the procedure for familiarizing itself with the vacation schedule, considering it optional. This violation may be punishable by a fine under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

The statement that the vacation schedule is not a local regulatory act and therefore there is no need to familiarize workers with it does not find support from Rostrud and in the courts (Letter of Rostrud dated 01.08.2012 No. PG/5883-6-1, Resolution of the Supreme Court of the Republic of Tatarstan dated 13.06 .2018 No. 4a-575/2018, Decision of the Supreme Court of the Udmurt Republic dated July 2, 2018 in case No. 7-215/2018).

How it's done

To create a chart of this form, I used the chart designer built into MS EXCEL and the “Stacked Bar” chart type.

In order for the horizontal axis of the chart to look like a time scale, the following settings are needed:

The maximum and minimum correspond to the numerical values of the start and end dates of the year.
In order for the seven-day grid to coincide with the real weeks for the start date of the year, it is better to take not 01/01, but the Monday closest to this date. The table located above the graph is used as the initial data for forming the graph. The print area of the page is set to not output.

In fact, the diagram reflects not only vacation periods, but also breaks between them (the settings are made to display vacations with a green fill color, and breaks - without fill, that is, transparent).

First row

This is a transparent period from the beginning of time to the start date of the first holiday of the year. The value in the Start1 column is used.

Second row

This is the first leave displayed in green. The value in the “Days 1” column is used - the duration of the first vacation period:

My “Days 1” column is calculated using the formula:

Plus one day because the end date of the vacation is its last day, and not the first working day.

Third row

This is a transparent period from the end of the first vacation to the beginning of the second.

It is also considered a formula, and since this value has no user value, the column in the table is narrowed as much as possible.

Subsequent rows

Here I just want to say “well, and so on...”, in general, the green vacation periods are constructed similarly to row 2, and the transparent gaps between them are similar to row 3. For my task, 5 periods were enough - this is the current limitation of the template, which can be overcome, continuing the table as wide as you can (as long as you have the patience).

How long does an employer keep a vacation schedule?

The vacation schedule must be kept for 3 years (clause 453 of the List of standard management archival documents, approved by Order of the Federal Archives of December 20, 2019 No. 236).

The storage period for personnel documents is calculated from January 1 of the year following the year in which the paperwork on them was completed (Part 1, Article 17 of the Law of October 22, 2004 No. 125-FZ “On Archival Affairs in the Russian Federation”, clause 4.1 of the Instructions for application of the List of standard management archival documents, approved by Order of the Federal Archive of December 20, 2019 No. 237).

Application of the vacation schedule form T-7: nuances

In itself, the content of the columns provided for in the T-7 form is quite logical and there should not be any special problems with determining the types of information that must be reflected in the document. However, when filling it out, it is useful to pay attention to the following nuances:

In the initially approved schedule (in which, in fact, only the sequence of people going on vacation is planned), columns 1-6 of the document are filled in. Data for columns 7, 8 and 9, therefore, are not immediately indicated - but are entered into the document as people go on vacation and return from there (and are also adjusted in the prescribed manner - more on that later). Specifically, column 7 is filled out immediately after a person goes to work. Moreover, in fact: there is no need to rush to fill it out, even if the employee went on vacation as scheduled.

It is important in column No. 2 to list the names of positions exactly as they appear in the staffing table (it is also mandatory to draw it up, without it you cannot hire people at all).

If a vacation originally planned for a certain date is postponed, then column 8 shows both the actual reason for the postponement and the document on the basis of which the vacation is transferred. Such a document can be a statement from the employee - if the transfer was initiated by him, or an order from the employer.
Form T-7 does not provide a column for collecting signatures of employees certifying familiarization with the document. But the employer can include this column in the form himself, certifying its adjustment with a separate order. You can do it differently - by creating a separate sheet for familiarization with the vacation schedule, indicating all its details, and collecting the signatures of employees on it.
Column 10 reflects 4 main events: failure to provide leave; review from vacation; transferring vacation to next year; extension of vacation. The column provides the reason and documentary basis for these events. If one of the employees’ vacation is postponed or cancelled, then after information about this is reflected in the schedule, he can put his signature - certifying his familiarity with the postponement of the vacation - in the “Notes” column. In this case, other workers - whose schedule has not changed - do not have to be bothered about agreeing on the schedule.
If the company’s employees are members of a trade union, the schedule must be agreed upon with it and, upon agreement, enter the details of the union’s decision in the column “Opinion of the elected trade union body.” And if not, then it makes sense, again, to modify the form by including in it - next to the indicated trade union column - an empty line in which to indicate that a trade union organization has not been created.
An employee who has become familiar with the schedule has the right to go on vacation without receiving any additional notices or permissions from the employer. But this does not relieve the employer of the obligation to notify a person about going on vacation no later than 2 weeks before it starts (in the most general case, such notification is made using an order in form T-6 or T-6a).

How does a vacation schedule help an employer?

The vacation schedule has several important useful functions:

it streamlines the work of the accounting department and personnel department in advance registration of vacation and payment of vacation pay. Let us remember that by. part 9 art. 136 of the Labor Code of the Russian Federation, the employee must receive the vacation amounts due to him no less than 3 calendar days before the start of the vacation (Letter of Rostrud dated May 14, 2020 No. PG/20884-6-1);
allows you to ensure the rhythm of technological processes at the enterprise due to the even distribution of vacation periods throughout the year;
makes it possible to find a replacement for an employee going on vacation in advance;
clearly demonstrates the vacation periods of employees.

Timely, competent preparation and approval of a vacation schedule not only ensures the right of employees to annual leave, but also relieves the employer from claims from regulatory authorities.

Who makes the vacation schedule?

A specialist from the HR department is responsible for drawing up the vacation schedule. But without the signature of the head of the organization and the seal, it will not be considered valid.

What is needed to fill out form T-7

First of all, to correctly draw up a vacation schedule, you need to use the existing staffing table. It will allow you to accurately indicate the full name of each employee, his position and personnel number, as well as the structural unit to which he belongs. This same staffing table will allow the vacation schedule developer not to forget any of the employees.

Amounts of fines for mistakes with the vacation schedule

The vacation schedule is under the close attention of labor inspectors. If the employer does not have it or inspectors find violations in it, punishment may follow - a fine or suspension of activities (Article 5.27 of the Code of Administrative Offenses of the Russian Federation, Letter of the Ministry of Labor dated December 8, 2017 No. 14-2 / OOG-9399):

To fine an employer for a vacation schedule, inspectors have only a year, since this offense is not considered ongoing (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 3, 2014 No. 1487/14).

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vacation schedule

Alexey Borisov

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