All employees are legally entitled to annual paid leave. There are other types of exemption from work for several days.
What are the responsibilities of the company to the worker for the provision of vacation days? This will be discussed further.
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The concept and types of vacation. Legislative basis of the issue
A certain period of time when an employee may not visit a work institution to perform his work duties while retaining his position is called vacation.
The Labor Code guarantees every worker the right to such rest.
There are several types of vacations:
- additional;
- training;
- for child care.
Leave is granted at the request of the employee. If annual leave is granted until, then it is necessary to notify the worker in advance about the upcoming days off. If he leaves at the request, then it is not necessary to notify him. But each of the listed types of recreation must be coordinated with the management of the enterprise, and it, in turn, is obliged to notify the future vacationer in a timely manner.
Purpose of notification
The main purpose of creating and sending an employee a vacation notice is to promptly inform the employee about the start time of the annual paid vacation.
Enterprise administration should familiarize about the employee's upcoming vacation no later than 2 weeks before the calendar date of its start. This is enshrined in the legislation of Article 123 of the Labor Code of the Russian Federation.
But there is exception: this procedure is omitted if the employee has written an application for its provision. Thus, he is already aware of the date of his retirement.
If this procedure must be performed, then it is carried out by sending a written notice to the employee personally in accordance with the general procedure for warnings. You can notify workers from a single structural unit against signature in the workbook of the head of this department or section.
All vacationers should inquire about the start date of the vacation in accordance with the law. If this condition is not met, then such actions give grounds for postponing it for another period.
On refusal the worker must draw up an appropriate act upon familiarization with the written notice of leave.
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When does it apply
In the content of the Labor Code (Art. 123) there is a clear indication of the importance of issuing a notice of the start of vacation. The management of the enterprise is obliged to notify each employee in writing about the period of his vacation campaign in accordance with the approved schedule of annual vacations.
As a rule, such a schedule for the next year is approved in advance at the enterprise, around the middle of December of the outgoing year. The ideal option would be when all the terms for the provision of a rest period have been agreed in advance by the managing administration with the workers. However, practice shows, on the contrary, cases when the time of sending an employee on vacation is skipped to notify employees. In such cases, he is forced to rest according to the approved schedule.
If the employee is not notified in a timely manner about the date of the vacation company, then he may demand that it be postponed to a more convenient period.
In the largest technological industries with a continuous conveyor process, etc. enterprises must prepare in advance a schedule of annual paid vacations. In such organizations, notification of the start of the vacation company of employees plays a very important role. But if an application for vacation is received from the employee, then the need for notification is eliminated.
Compilation procedure
There is no single notification form for all enterprises approved by the normative act. Therefore, each organization has the right to develop a convenient form for announcing annual paid leave. But there are points that must be mandatory and give the document legal significance.
In the notification there should be the following information:
- official details of the employer;
- registration number and date of outgoing documentation;
- the position of the employee;
- individual data of the future vacationer;
- a link to the article of the Labor Code of the Russian Federation, according to which the employee is notified of the upcoming vacation;
- the signature of the manager of the organization.
It should reflect the text that indicates the upcoming vacation, for what period of time worked and the period that is given to the worker for rest from work duties.
Sample form compiled by the personnel department... It can only change the position, the full name of the employee, the number of vacation days, indicating specific dates. The rest of the backbone about the details of the enterprise and the manager, as a rule, is not touched upon.
The convenience of the stencil form will be appreciated by any personnel officer, because registration of notifications in a ready-made format will significantly reduce the time.
The procedure for familiarizing an employee
To get acquainted with the notice of the upcoming vacation, it is necessary to prepare 2 copies of the notice. This is necessary to issue one employee and save the second document at the enterprise. It is necessary to fulfill a prerequisite on the question personal acquaintance... Each employee must be given a notice of the start of the vacation in writing.
Find out about your vacation an employee can in several ways:
- With personal contact with an employee of the personnel department of the enterprise;
- When reading about granting rest days;
- During the approval of the vacation plan, by signing in the form of a statement to it or in a special column right in the schedule;
- In his department, an employee can put a visa in the work log of the head of the department.
If the employee does not agree with the terms and therefore refuses to sign, then you need to draw up an act about it.
registration
To register this kind of notices about vacation days, you must create a special notification log.
In such a book, it is necessary to enter information about the preliminary notification with the issuance of the document to the hands of the employees of the organization against signature.
Practice shows that the constant entry of information into the log facilitates, if necessary, a quick search for the requested information.
Registration start by filling out the title page of the journal, which reflects the following information:
- full name of the enterprise;
- title of the book;
- start and end dates for keeping the log.
Then they go to the next page, where information about the persons responsible for entering data into the log is indicated. Since there is no single unified form of the notification log, the organization itself develops convenient columns in the log. At the same time, at the council of the administration of the organization, a decision is made to include a list of columns for the necessary information in the registration book of notifications.
The same points for different institutions there may be such:
- name of the document form;
- start and end date of book creation and notification accounting;
- sequential numbering when registering notifications;
- a summary of the notification;
- information about the employee to whose name it was sent;
- the calendar date of delivery of the document;
- if delivered in person, the recipient's signature;
- a brief meaning of the worker's response to the notification presented to him.
Ready-made letterheads for the magazine are numbered and required. After the head of the enterprise has put his visa and the seal of the organization on the last page for binding the document, the journal can be used for its intended purpose.
Storing a notification
As for the issue of storing vacation notices, here you need to focus on the norms of the List of typical management documents. Based on this legislative act, orders and notices must be kept for at least 5 years. Storage location: an archive room specially equipped for storing documents.
If an enterprise for some reason ceases to operate, then before closing it needs to transfer to storage all notices of the start of the vacation, the publication period of which has not reached 5 years, to the territorial archive in the prescribed manner.
Features of notification of various types of employees
Each enterprise has its own nuances of extract and familiarization of employees about the upcoming vacation. Consider more typical circumstances that are often encountered in the practice of HR officers.
Part-timers
How to properly provide and familiarize with the employee's annual leave, if he works on? To do this, the personnel officer needs to find out in what terms he has planned days of rest at his main place of work, and enter the same periods when developing a vacation plan, because they must match exactly. For confirmation, the worker must provide the necessary data from the main enterprise.
In the case when a part-time employee is granted annual leave, but he earned it partially, then the missing days are issued to him without maintenance. Payment must only be made for the rest days he earned. Such an employee is notified in a purely informative way, since he himself is interested in the coincidence of the terms of the vacation company.
If an employee registered for a part-time company did not provide information about his vacation at the main place of work, then he needs to plan it on a general basis. Accordingly, the notification must be issued to him no later than 2 weeks before its start.
Director General
Labor law does not provide for the division of employees by job, so it is the same for everyone.
Therefore, the director must be notified, like the rest of the employees, about the upcoming vacation against signature. This can be done by signing the order for his leave and notification at the same time.
Features of composing notifications in various situations
Sometimes there are circumstances when vacation time needs to be interrupted for some production reasons. In such cases, what is the right thing to do for an employee of the HR department if, during a vacation, an employee needs to be called to work, cancel additional days of rest, or change their number?
Upon recall from vacation
Since the legislation guarantees the right to leave for every employee, the employer cannot unilaterally reduce the time of the well-deserved rest. Due to production needs, he can be called to work only if he agrees to it.
- persons under the age of 18;
- women who have gone on maternity leave;
- workers involved in production with harmful working conditions.
The worker's consent to interrupt the vacation must be made in writing. The format can be of any form with the indication of the following data:
- Full name of the employee;
- the calendar date of the beginning of the vacation period;
- how many days are left until the end of the vacation;
- when the vacationer plans to use non-partying days.
Then the head of the section prepares a notification to the director, where they indicate the reason for calling a specific employee from vacation. Its form should be in the form of a memo or a memo. On the basis of this document, a corresponding order is drawn up. The employee must sign the order that he is familiar with its content.
How to properly recall an employee from vacation is described in the following video:
Cancellation of additional leave
The employer can cancel additional holidays only by observing all the requirements of Art. 72, art. 116 of the Labor Code of the Russian Federation. The basis, procedure and conditions for them are established when signing or another normative act agreed with the elected body of the primary trade union organization.
The conditions for providing, in addition to the annual leave, additional days of rest must be fixed in. This is indicated in Art. 57 of the Labor Code of the Russian Federation. Changes to the terms of the employment contract are permissible if there is a written agreement between the parties.
In case of disagreement of employees with the refusal of additional leave, it is necessary to consider the norms of Art. 74 of the Labor Code of the Russian Federation. It states that, under certain circumstances, when it is impossible to preserve the terms of the employment contract, it is possible to make corrective changes at the initiative of the employer, in addition to changing the labor functions of the worker. This usually happens with changes in the technological process.
The employer must receive a notice to the worker of the need to exclude from the employment contract the conditions for the provision of additional paid leave. In the text, it is necessary to substantiate the reasons that forced the employer to take such a step. The employee must be notified of the changes in writing no later than 2 months in advance. The timing may be different, so it is necessary to follow the changes in the Labor Code of the Russian Federation.
On changing the number of days of rest
In case of deterioration of the employee's rights, the employer must notify the workers in advance. For example, the employer provided employees with thirty days leave, but circumstances demanded that it be reduced to 28 days.
The employment contracts indicate that the employee is granted leave for 30 days. Having decided to reduce the term by 2 days, the head of the enterprise did not violate the law, because according to the Labor Code of the Russian Federation, it must last at least 28 days.
Before making changes to the employment contracts, the manager must notify the workers of the change in the annual leave period, indicating the reason (for example, alignment with the labor code). employees should find out about this no later than 2 months before the changes take effect.
This is done like this:
- An order is issued to reduce the number of vacation days.
- Employees are personally served against signature with a notification with a link to the order.
Having received the consent of the employees to change the vacation period, the personnel officer must prepare for labor contracts and sign them by the parties.
If this regulation is violated, for example, without notifying employees on time about the changes that have occurred, the company's management faces punishment.
The rules for registration of different types of vacations are discussed in the following video tutorial: