New rules for scheduling vacations for 2020

2024 Author: James Gerald | [email protected]. Last modified: 2024-01-12 17:37

Information appeared in the media that the vacation schedule for the next 2020 must be drawn up according to the new rules. But is it really so? In the article we will give answers to all questions of interest not only to the employer, but also to the employee.

New requirements for scheduling vacations

A normative act that should be in every company is a vacation schedule. The requirements for its compilation and storage are approved by the Labor Code. All changes that can be made to the Labor Code are coordinated at the federal level.

Over the past two years, the organization's normative act has undergone changes and the employer needs to know about them so that during the inspection a violation of the law is not recorded.

At the moment, the vacation schedule for 2020 must be drawn up according to the new rules. Below you can see a sample approved at the federal level.

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According to the new requirements, vacation is given priority:

• employees with three or more children - they are included in the vacation schedule first. In this case, the vacation time is agreed with the employee. Vacation by the preferential category of employees is taken exclusively at the request of the employee, while the employer must be notified of this need in advance;
• the right to choose the time of leave is also offered to men whose wives are on parental leave to care for a child under the age of three;
• employees under 18 years of age;
• wives of employees who are in military service;
• heroes of Russia and the Soviet Union;
• employees who have a baby or are planning to get married can take a vacation at a convenient time;
• workers of the Far North, especially in the case when the child of the employee plans to enter an educational institution, and he needs to be accompanied by an adult when traveling to another region.

Regardless of when the vacation application is written, an employee who is listed in the privileged category of workers is included in the vacation schedule as a matter of priority. At the same time, the employer cannot make changes to the dates specified by the employee; they can be made, but only by agreement with the employee. If the employee was recalled from the main vacation, he can take the remaining vacation time in any summer month.

Do I need to make a vacation schedule

All employees must go on vacation, regardless of their occupation. But article 123 of the Labor Code of the Russian Federation does not stipulate that an enterprise or a company should have a vacation schedule, according to which the sequence of employees' retirement is observed.

Despite this, the following information can be seen in the Administrative Code: Art. 5, 27 of the Administrative Code determines the punishment for violation of labor legislation. The punishment under this article is up to 50 thousand rubles.

In the event that the company is checked by the Labor Inspectorate or other authorized body, it is imperative that a vacation schedule be presented. If the employee responsible for the vacation schedule cannot present the required document, then a fine may be imposed on the company.

Based on this, a vacation schedule in 2020 should be drawn up in each company. All employees are entered into it, according to the staffing table. Compliance with this rule applies not only to large companies, but also to individual entrepreneurs.

How to draw up a schedule correctly

In 2020, the vacation schedule must be drawn up according to the new rules. But, despite this, there is no special form for entering the required information.

Based on the model proposed for employers, it should be drawn up as follows:

• if the enterprise has a Trade Union, the vacation schedule is approved with the chairman of the Trade Union;
• with the employees, the vacation schedule is not approved, but information about when the employee goes on vacation must be brought to him in writing. Informing is made no later than two weeks before the employee leaves on vacation;
• initially, when drawing up a vacation schedule, it is better to include all preferential categories in it, and then distribute the vacations to the rest of the employees. The vacation time must be coordinated with the preferential category of employees;
• a staff member is responsible for scheduling vacations;
• the finished document is approved by the head of the enterprise.

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If it becomes necessary to reschedule the vacation schedule, then the approval is made not only with those employees whom they concern, but also with the person who previously agreed on the vacation.

Vacation Schedule

More recently, a sample vacation schedule for 2020 has appeared in the media, while emphasizing that the compilation is carried out according to the new rules. This is not entirely true. Federal Law 360 does indeed apply.

The law provides for extraordinary leave for privileged categories of citizens. The law was adopted on 2018-11-10. After the adoption of FZ-360, changes were made to the Labor Code, but no new documents were adopted.

Summarize

It is important to note:

• when drawing up a vacation schedule for 2020, you need to adhere to the new rule - first of all, employees who have the right to choose the time of vacation are entered into the timesheet;
• if necessary, unpaid leave is granted to persons who have children under the age of 14;
• the choice remains with employees who are married or have a child.

The vacation schedule is provided by agreement with the head. Therefore, in many cases, vacation time depends on the employer's loyalty to the employee.