How to write an order correctly
An order to satisfy an application for leave is drawn up by personnel service employees according to a fixed template. To avoid violations when preparing a document, taking into account the following content requirements:
- The header displays the personal information of the general director - the representative of the employer, and his position. The date for putting the resolution on the order is set.
- On the left side is the number assigned during registration, and on the right side is the date of registration of the document. The name of the document (vacation order) is indicated in the middle.
- The descriptive part begins with the words “provide leave”, after which the surname, first name, patronymic of the employee, place of work, and position held are written without abbreviations.
- Displays the reason for receiving vacation days, as well as the location of the vacation (the locality is indicated).
- Entering information about the duration of the vacation and the first day of its start. The duration of the vacation period increases if during the rest period the citizen was on sick leave (only with a personal illness, caring for relatives does not count), and there were public holidays at that time.
- Signing of an order by the boss and the employee who is going on vacation.
Only after this the Order comes into legal force and becomes the basis for calculating vacation pay and legal absence from the workplace.
Forms of orders for granting leave to an employee
As noted above, in practice three types of order forms are used. T6 is a standard form intended for registering leave for only one employee. T6a is a fixed form used when several employees go on vacation at once.
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The third category is individual documents that are valid within an individual company and are developed by departmental orders or personnel employees personally.
Registration of director's leave
The general director's leave order has a number of features. On the one hand, the head of the company is the only person authorized to send employees to a well-deserved rest. But the boss cannot provide himself with vacation days on his own. How to act in such a situation depends on the type of enterprise:
- On the basis of an LLC or a joint-stock company, the director is a representative of the owners, therefore an employment agreement is also signed with the boss on employment and on the performance of the established list of duties. The manager sends his application for leave to the shareholders or owners of the organization. The petition is considered at the general meeting and the result is entered into the minutes. If the decision is satisfactory, an Order is prepared and signed by the shareholders (co-owners).
- The head of the company is the sole owner. In this case, you do not need to ask anyone for permission. It is enough to prepare an order for your temporary absence indicating the specifics of the production process for this period. A person is also appointed who will temporarily occupy the director’s chair.
During a manager's vacation, managerial responsibilities are temporarily assigned to another employee. Who will replace the chief should be reflected in the deputy's job responsibilities.
Requirements for different types of orders
Despite the presence of a unified form of order, each type of order has its own characteristics. For example, when arranging a vacation for a manager, it is mandatory to assign the duties of the director during the vacation to a third party.
About annual paid leave
The procedure for applying for annual leave is available to employees only after 6 months of work from the date of signing the employment contract. The minimum duration of the vacation period is 28 days (2.33 days for each fully worked month). When placing an order, the following nuances may arise:
- Rest implies compulsory payment of monetary benefits - vacation pay. Therefore, the document must contain a task for the accounting department - to calculate and prepare documents for the transfer of vacation pay. Violation of the right of citizens to monetary compensation entails legal liability.
- It is possible to provide a vacation day in advance, but only at the request of the manager. The boss can grant rest for future months of the current year, as well as for the next year.
About leave without pay
The Labor Code provides for the right to additional leave at one’s own expense. The order for the provision of unpaid days of rest has the following features:
- Displaying the reasons for placing an order. The content of the order states that the employee received a handwritten application for an additional day. The reasons for leave are also specified (wedding, birth of a child, death of a close relative).
- A separate clause stipulates that for this period of time the employee is deprived of wages and cannot claim vacation pay.
For pregnancy and childbirth
In the seventh month of pregnancy, the gynecologist prepares a sick leave certificate for a maternity employee. This is the only document giving a woman grounds for temporary absence from work and receiving financial compensation during this period. Therefore, a woman must present a document from the clinic.
The duration of rest depends on the characteristics of pregnancy. When expecting one child - 140 days, with multiple pregnancies - 192 days. This period may increase if the birth was performed by caesarean section.
Submitting an application for leave followed by dismissal
In case of registration of paid leave with subsequent dismissal of an employee, the procedure is as follows:
- 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.
- 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 where an employee resigns as a result of liquidation or bankruptcy of the company, the procedure changes slightly:
- A notice is issued regarding the reduction of staff unit. This document must be issued at least 2 weeks before the date of dismissal;
- The employee reads the order and signs it;
- Next, the employee writes a vacation application;
- Based on the application, the HR department issues an order to provide the employee with annual paid leave;
- The human resources department issues a second order to terminate the staff unit;
- The employee signs both orders.
The time for filing an application is not specified by law. 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.
Changing the conditions of rest after signing the order
The law provides grounds when the head of an enterprise can issue a new order - an order to cancel vacation. The preparation of the document does not mean that the employee is completely deprived of his right to vacation, but requires the transfer of the vacation period or part of it.
Vacation cancellation
An order to cancel vacation may be due to production necessity when the absence of an employee will negatively affect the work of the company. The document means that the employee continues to work, but will be able to use rest days later within the current year.
Such an order can only be prepared before the start of the vacation. Otherwise, it is necessary to issue a recall from the employee’s vacation.
If a decision is made to cancel the order, the employee is deprived of the right to vacation payments. The money will be credited later, after booking your next vacation.
Employee review
After the start of the vacation period, the manager can only recall the employee. It will not be possible to force such a decision unilaterally. The employee must confirm his consent to resume work.
Labor legislation protects the rights of all participants in legal relations, therefore, if the rights of the parties are violated, the injured person has the opportunity to challenge the illegal decision. This can be done by forming a labor dispute commission or in court.
Situation 5: vacation recall
The company needs to hold an urgent tender, but participation in the tender without a lawyer is not possible, and just yesterday the lawyer went on vacation. It is necessary to recall a key employee from vacation. Recall from vacation is possible only with the consent of the employee himself; it is impossible to demand that vacation be interrupted. Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year (Article 125 of the Labor Code of the Russian Federation). Example. Lawyer D.V. Kornilov went on vacation on July 14, 2017. The employer decides to recall the employee from vacation as of July 18, 2017. The employee agrees to be recalled from leave.
