Regulations on granting leave to employees. On approval of the regulation on granting holidays in the bodies and organizations of the prosecutor's office of the Russian Federation

Employers who have officially arranged an employee regularly provide him with annual paid, additional and other types of leave. This is required by the legislation of the Russian Federation. Is it necessary to draw up leave regulations? What is this document? The answers to these questions are in our consultation.

What does labor law say?

The last document is needed by both parties so that they agree on issues that are not considered by law and come to general agreements. This way you can avoid possible conflicts in the future. When drawing up, the opinion of the employee must be taken into account, and the conditions should not contradict the law.

Regulations on holidays on the model of 2016 of the year

The provision under consideration is a local act of binding force, in which the norms are prescribed labor law. It reflects the conditions for providing rest days, which are later submitted to the employer for consideration. It usually includes the following vacation items:

• type (main, without content, additional, educational, etc.);
• duration;
• to whom and on what grounds;
• features of the calculation of monetary compensation;
• start/end date;
• documents required for registration;
• other information.

It necessarily reflects the mechanism for determining the size and issuance of vacation pay. Download vacation letter template and Word format and you can adjust it for yourself.

ATTENTION!
If the subordinate according to the Regulations is provided with conditions that are worse than those prescribed by labor legislation, it is unacceptable to apply them. This is what Art requires. 8 of the Labor Code of the Russian Federation.

After completing this document, they draw up a schedule and issue an order. The employee gets acquainted with its content against signature.

Page content

Approved by order No. 540-1/o dated July 21, 2011

1. General Provisions

1.1. According to the Labor Code of the Russian Federation, paid leave is granted to an employee annually in accordance with the order in which leaves are granted, determined by local normative act of the Financial University - vacation schedule.

1.2. The vacation schedule is drawn up for the calendar year separately for each structural unit, signed by the head of the unit and the head of the Department staffing, agreed with the head, coordinating unit work, is summarized in the Personnel Department and approved by the rector, taking into account the reasoned opinion of the primary trade union organization of employees and students of the Financial University no later than two weeks before the start of the calendar year.

1.3. The right to use leave for the first year of work arises for the employee after six months of his continuous work at the Financial University. Vacation for the second and subsequent years available at any time of the working year in accordance with the vacation schedule.

1.4. Annual paid leave by agreement of the parties may be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days.

1.5.Persons working part-time, annual paid vacations are granted simultaneously with the leave for the main job.

If the employee has not worked for six months at a part-time job, then leave is granted in advance.If at a part-time job the duration of the employee's annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, is obliged to provide him with unpaid leave. wages appropriate duration. If the employee fails to submit an application for leave without pay, his absence from work part-time during the period of leave from his main job without submitting supporting documents is considered absenteeism.

1.6. The vacation schedule is compiled by the head structural unit on unified form No. T-7 (Appendix No. 1).

1.7. The vacation schedule drawn up for the next calendar year (without including the teaching staff of the departments), before signing it by the head of the structural unit, on time
before December 1 of the current year must be sent to e-mail or submitted electronically to the Office of Human Resources for review.

1.8. After verification, by December 5 of the current year,adjusted in the event of errors or inaccuracies, the vacation schedule is returned to senders by e-mail or on electronic media, for signing by the head of the structural unit and signed notices about the start time of vacations of employees of the unit. The employee's signature is affixed to the familiarization sheet (Appendix No. 2).

1.9. The vacation schedule, signed and agreed with the head coordinating the work of the unit, together with the familiarization sheet, is submitted on paper to the Human Resources Department by December 10 of the current year.

1.10 The Human Resources Department summarizes vacation schedules of structural units, receives reasoned opinion the primary trade union organization of employees and students of the Financial University and until December 15 of the current year submits a vacation schedule for approval to the rector.

1.11. The approved vacation schedule, which is mandatory for both the employer and the employee, is the basis for issuing orders to provide employees with annual paid leave.

1.12. The annual paid leave is extended or, taking into account the wishes of the employee, is postponed to another period in case of his temporary disability during the vacation period, on the basis of the certificate of incapacity for work and application submitted to the Human Resources Department.

1.13. After the vacation schedule is approved, the transfer of vacation within the current year (except for the case specified in paragraph 1.12. of these Regulations) is carried out in exceptional cases on the basis of an employee's application (Appendix No. 3), agreed with the head of the structural unit, department head, coordinator and signed by the rector.

1.14. An employee's application for postponement of vacation, duly executed, no later than one month before the scheduled start date of vacation, in accordance with the vacation schedule, is submitted to the Human Resources Department for the preparation of a draft order.

1.15. Persons hired after the approval of the vacation schedule, and who expressed a desire to use their right to leave after six months of continuous work, are included in the schedule on the basis of an addendum signed head of the department, head of the Human Resources Department, agreed with head coordinating the work of the unit, and approved by the rector.

2. Features of granting holidays faculty and staff, departments serving the educational process

2.1. The annual leave of 56 calendar days is granted to the teaching staff during the summer holidays. Department employeesserving the educational process vacation granted taking into account the specifics educational institutionalso during the summer vacation period of 28 calendar days.

2.2. Employees employed in the selection committee, summer internships and other planned activities, as a rule, are granted annual leave after the end of these events, if it is impossible to provide them with leave of the duration specified in paragraph 2.1 during the summer holidays, leave is provided in parts, by agreement of the parties, mainly during the summer and winter vacation periods, subject to the requirements of clause 1.4 of these Regulations.

2.3. In the absence of information on the period of work and the composition of the selection committee, other planned activities on the day of drawing up the vacation schedule, the period for granting vacation is set according to general rule with subsequent amendments to the vacation schedule at the request of the employee in the manner prescribed by paragraph 1.13. of this Regulation.

Annex 1. Vacation schedule

Appendix 2. Familiarization sheet on the start time of employee vacations

Annex 3. Application for postponement of vacation

The time during which the employee is free from the performance of his labor duties and which he can use at his own discretion is not only weekends (weekly uninterrupted rest) and non-working holidays, but also including vacation time (Articles 106, 107 of the Labor Code of the Russian Federation).

Does the employer need to approve a local regulatory act that determines the procedure for granting vacations to employees - the Regulations on granting vacations?

On granting leave to employees

The cases and procedure for granting leave to employees are generally established by the Labor Code of the Russian Federation. However, labor law regulates only mandatory conditions vacations and their duration. For example, the minimum duration of the annual basic paid leave is established, which cannot be less than 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation). Or, say, the procedure for calculating the length of service that gives the right to annual paid holidays is determined (Article 121 of the Labor Code of the Russian Federation).

At the same time, some other "holiday" issues remain at the discretion of the employer. For example, the provision of annual additional paid holidays in addition to cases provided for by law (part 2 of article 116 of the Labor Code of the Russian Federation). Or the establishment of an increased duration of annual additional paid leave for employees with irregular working hours (part 1 of article 119 of the Labor Code of the Russian Federation). And also, say, the duration and cases of granting holidays without pay, in addition to those provided for by law (Article 128 of the Labor Code of the Russian Federation). These and other issues of granting vacations, given at the discretion of the employer, can be clarified by an employment contract with an employee, collective agreement or local regulation. It is the approval of the local regulatory act of the employer in the form of a separate “vacation” Regulation that is most common.

The need to approve the Regulations on granting holidays to employees is due not only to the fact that the procedure and conditions for granting holidays must be regulated and understandable both for performers and for employees who are entitled to such holidays. Such a Regulation is also important for reducing tax risks in the case of providing paid holidays, in addition to cases when this is the responsibility of the employer. After all, if an employer, for example, provides annual leave longer duration, it must be justified. The provision on holidays is such a justification.

We draw up the Regulation on the provision of holidays

Since the Vacation Regulations are not a mandatory local regulatory act of the employer, he determines its structure and content independently. For convenience, the Regulation usually contains not only the procedure for granting holidays established by the employer, but also provisions that are mandatory for all employers and do not imply variability. For example, cases where paid leave at the request of an employee is granted before the expiration of 6 months of continuous work. If desired, the employer can approve, for example, a separate Regulation on the provision of annual paid leave or even an independent Regulation on the provision of academic leave. Or maybe the features of the provision various kinds leave to disclose in a single Regulation.

Holidays that are not paid at the expense of the employer are usually not included in such a Regulation. Features of granting, for example, maternity leave or parental leave may be disclosed in an independent

APPROVE

General manager

OJSC "_______________"

____________ /_______________/

« » ___________ 201_.

Position about vacations of employees of JSC "___________"

1. General Provisions

1.1. This regulation on holidays has been developed in accordance with Labor Code Russian Federation, federal law RF "About social protection Disabled Persons” dated November 24, 1995. No. 181-FZ and other regulatory legal acts of the Russian Federation, internal documents,.

1.2. This regulation on holidays governs the grounds, conditions and procedure for granting annual basic and additional holidays to the Company's employees.

2. Grounds and conditions for granting annual leave

2.1. Annual basic paid leave of 28 calendar days is granted to all employees of the Company.

2.2. Annual additional paid holidays are provided following employees JSC "__________________________":

a) employees engaged in work with harmful and (or) dangerous working conditions;

b) employees with a special nature of work;

c) workers with irregular working hours,

d) under the age of 18 - three calendar days;

e) for the disabled - two calendar days;

f) other employees in accordance with current legislation RF.

2.3. Employees under the age of 18 (subparagraph "c" of paragraph 2.2 of the vacation regulation) additional leave provided at any time convenient for them.

3. Grounds for granting annual additional paid holidays

3.1. Annual additional paid leave for work with harmful and (or) dangerous working conditions is provided in accordance with the List of industries, workshops, professions and positions with harmful conditions labor, work in which gives the right to additional leave and a shorter working day (approved by the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / II-22.

3.2. Annual additional paid holidays for employees with irregular working hours, as well as for the special nature of work, are provided to individual employees of the Company on the basis of employment contract or an order from the CEO.

3.3. The procedure for granting additional annual paid vacations to the Company's employees on other grounds is regulated by the current legislation of the Russian Federation on grounds.

4. Conditions for the provision, use and procedure for issuing annual basic and additional paid holidays

4.1. Annual basic leave, as well as annual additional paid leave (hereinafter - leave) is provided in accordance with the vacation schedule.

4.2. In order to prepare a vacation schedule for the next calendar year, the heads of divisions of OJSC "__________________" submit applications for vacations to the HR department by November 15 of the previous calendar year, which indicate: a list of employees of the division, the start and end dates of each type of vacation for each employee of the division.

The personnel department checks the compliance of the declared vacation periods with the data personnel records, current legislation and prepares a draft vacation schedule. The draft vacation schedule is submitted by the personnel department until December 1 for consideration by the employer. The vacation schedule for the next calendar year is approved by the employer no later than December 15 of the previous calendar year in compliance with the current legislation of the Russian Federation. The employer issues an order on the approval of the vacation schedule.

4.3. If it is necessary to make changes (additions) to the approved vacation schedule, the personnel department submits to the employer a draft amendment (addition) to the vacation schedule. Changes (additions) to the vacation schedule are approved by the employer in compliance with the current legislation of the Russian Federation. The employer issues an order on the approval of changes (additions) to the vacation schedule.

4.4. Vacation time is calculated in calendar days.

4.5. The employee is notified of the start time of the vacation by the personnel department of the Company against signature.

4.6. Granting leave is made out by the order (instruction) of the employer. The employee gets acquainted with the order (instruction) on granting leave against signature.

4.7. Vacation is extended in case of temporary disability of the employee, as well as in other cases provided for by laws, local regulations JSC "________________". The employee must promptly writing notify the employer of the occurrence of circumstances giving the right to extend the vacation.

The extension of the vacation is issued by order (instruction) of the employer. An order (instruction) to extend the vacation is the basis for making changes to the vacation schedule.

4.8. Recall of an employee from vacation is allowed in case of production necessity. The transfer of leave to the next working year is allowed in the event that the granting of leave in the current working year may adversely affect the normal course of work of the structural unit or JSC "________________" as a whole.

The grounds for recalling an employee from vacation (transferring vacation to the next working year) are:

A memo from the head of the employee's department with the employer's resolution containing information: on the reasons for recalling the employee from vacation or postponing the vacation to the next working year, about the vacation period from which the employee is supposed to be recalled (which is transferred to the next working year);

Written consent of the employee to recall from vacation (transfer of vacation to the next working year), in accordance with memo the head of the unit in which the employee indicates the period of the subsequent grant of leave.

The recall of an employee from vacation or the transfer of vacation to the next working year is documented by an order (instruction) of the employer. An order (instruction) to recall an employee from vacation or postpone the vacation to the next working year is the basis for making changes to the vacation schedule.

etc...

Order the drafting of a document on an individual order.