The rules specified type of holiday - the main annual leave,
which is significantly different from the others, in particular the additional
annual leave.
Readers will learn what determines the right to annual basic
leave, some important conditions should be taken into account, making the
vacation schedule, and what information should be contained in it. The article
also explains when it is permitted to make changes to holiday schedules and how
to apply it.
The general order and timing of holidays established part
ten of Article 10 of the Law of Ukraine "On leave" from November 15,
1996 № 504/96-VR (hereinafter - the Law № 504) and paragraph 20 of the Model
work rules for workers and employees of enterprises, institutions and
organizations, approved by the decree of the USSR State Committee for labor and
social Affairs on July 20, 1984 number 213.
The order of granting leave is determined by the schedule,
which is approved by the owner or authorized body and communicated to all
employees. The schedule should be consistent with the elected body of primary
trade union organization (trade union representative) or other authorized
representative labor collective body. When scheduling takes into account the
interests of production, the personal interests of employees and opportunities
for recreation.
In enterprises, institutions, organizations (hereinafter -
the company), in the state bodies and local self-government order granting
leave must be specific to stringent internal (local) normative act - internal
regulations (Article 142 of the Labor Code.). This order is set in
"Working time and its use," said rules and may be as follows:
Employees (short name
of the company) and annual basic paid leave (number of) days (the duration is
specified, depending on the category of employees according to the law number
504 and other laws of Ukraine).
The order of granting
leave is determined by the schedule, which is approved (as head) in agreement
with the trade union committee (union representative or other duly authorized
representative labor collective body) and communicated to all employees.
Schedule is compiled
for each calendar year up to 5 January.
Schedule is binding
on both parties of labor relations.
The exact date of the annual leave within the limits
established timetable agreed between the employee and the (now Government). The
date of the leave the employee is notified in writing no later than two weeks
before the due date.
At the request of the
employee portion of unused vacation that exceeds 24 calendar days, it may be
replaced by monetary compensation.
According to an employee's request annual leave may be
granted in part, if: a continuous main part will be not less than 14 calendar
days; There are other conditions (based on the fact that the legislation of the
employee is given only a possibility, but not the right to divide holidays, the
following conditions may be provided: some leave of a multiple of 7, is
provided only for a valid reason, any part of the annual leave will be granted
on the day, following the date of the previous one.
These examples of other conditions dividing holidays are not
a violation of the rights of the employee or labor standards legislation.
Moreover, the presence of such conditions does not violate the requirements of
the Act № 504 for holiday calendar days).
The internal regulations of the enterprise does not specify
the form of accidental release "annual basic leave," since it is
significantly different from the others, in particular the extra annual leave,
namely:
for work in hazardous
and difficult working conditions and the special nature of work;
certain categories of
employees whose work is associated with increased neuro-emotional and
intellectual load or running in the special natural, geographical and
geological conditions, and conditions of increased health risk;
workers with
irregular working hours (available without any additional terms and conditions
as if the main condition: the employee must be employed by the company, ie work
under an employment contract..).
The right to annual basic leave does not depend on the place
of work (basic or in combination, in particular in the same unit), an
employment contract term (indefinite, term, temporary, seasonal) work time mode
(short-time, day and m. N )..
Note
On an annual basic leave and other types of leave are not
eligible persons working under contracts of civil law, for example, on
construction contracts, provision of services, copyright agreements.
Annual basic leave granted to employees for the spent
working year, which, in contrast to the calendar, counted from the date of
conclusion of the employment contract (Art. 6 of the Law № 504).
In accordance with Article 42 of the Criminal Executive Code
of Ukraine, persons convicted to a sentence of hard labor, granted leave, time
is not counted in the term of punishment.
As the labor legislation does not allow the gap in time
between the conclusion of the employment contract and the start of work, the
phrase "from the date of employment contract" is equivalent to the
wording "of the beginning of the work." Therefore, the working year
is calculated from the first day of work, inclusive (for timesheets).
Duration of basic annual leave is set depending on the
category of workers in accordance with the Law № 504 and other laws of Ukraine,
and not from the time of employment of employees in certain circumstances.
The right to annual basic leave determined length of
service, which is calculated in accordance with Article 9 of № 504.
Note that in the years of service giving entitlement to such
leave shall not be included:
during partially paid
leave for child care until the age of three;
leave without pay to
care for a child up to the age of six, and if a child is sick type I diabetes
(insulin-dependent) - until the child reaches the age of sixteen.
Drawing up and approval of the vacation schedule
In practice, the schedule of holidays is made personnel
department (HR department, the department for work with the personnel officer,
with responsibilities to conduct personnel management) usually prior to 1
January of the following year. The basis for its preparation are the proposals
of heads of structural divisions (they must be prepared in the manner
prescribed in the enterprise) with the possible adjustments that are made
subject to the provisions of the Law number 504. In particular, you should
first consider the interests of the production in the scheduling. But we can
not neglect the personal interests of employees, opportunities for recreation,
as well as the provisions of article 10 of Law number 504, which provides that
certain categories of employees at their request granted annual leave at a
convenient time for them.
These categories of workers, in particular:
persons under the age
of eighteen years;
people with
disabilities;
women before
maternity leave or after it;
women with two or
more children under the age of fifteen years or a disabled child (the child in
accordance with article 1 of the Law of Ukraine "On Protection of
Childhood" from April 26, 2001 № 2402-III is a person under the age of
eighteen years);
Single mothers (fathers), raising a child without a father
(mother) (a single mother is considered to be a woman, unmarried and in the
birth certificate of the child that does not have a record of the child's
father or the entry of his father made in the prescribed manner by the mother,
a widow woman raising a child without a father, including a divorced woman who
is raising a child without a father, although it receives child support, as
well as a woman, get married, if the new husband has not fathered her child).
To exercise their right to vacation at a convenient time, a
single mother must submit the following documents: birth certificate,
certificate of civil registration authorities of the grounds for inclusion in
the book of birth registration information about the child's father acts; Widow
- a marriage certificate and a certificate of her husband's death; divorced
woman - a certificate of divorce; wives (husbands) of servicemen; labor
veterans and persons with special labor merits before the Motherland.
All this will help you make the accountant.
Note
It should also be borne in mind that managers, educational,
scientific, science teachers, specialists of educational institutions annual
leave full duration of the first and subsequent working years are available
during the summer vacation.
Given the
specificity of the production is possible to provide an annual basic leave at
the same time a group of workers, for example in a period of declining
production volumes, which should be reflected in the chart.
In drawing up the schedule of holidays is important to
ensure that the requirements of Article 10 of the Law № 504 "annual basic
and additional leave granted to the employee in such a way that they have been
used, as a rule, until the end of the working year."
Note
It is forbidden to failure to annual leave full duration of
a period of two consecutive years, as well as failure to provide annual leave
during the working year to persons under the age of eighteen years and
employees who are entitled to additional annual leave for work in hazardous and
difficult conditions or to the special nature of work.
At the same time, or separately from the basic annual leave
to employees upon their application can provide additional annual leave in
accordance with part two of Article 10 of the Law number 504 (of course, that
these holidays are available outside the graph).
The schedule of holidays is made in an arbitrary manner. It
usually contains the following information:
Column 1 - ordinal
number of the structural unit (if applicable) or the employee name (in small
enterprises);
Count 2 - the name of
the structural unit;
Count 3 - surname,
first name, middle name of the employee;
Count 4 - position
(profession) of the employee;
Count 5 - a month of
vacation (in the graph does not indicate the date of the leave);
Count 6 - month of
release in the event of transfer;
Count 7 - base
transfer release (number and order date);
Count 8 (not
mandatory) - the period for which leave is granted (working year) (Annex 1).
Schedule approved by the head of the enterprise.
Changes to the vacation schedule
After the
approval of the schedule for the year is allowed to modify it, relating to the
establishment of a new period of leave in connection with his transfer
(executed by order of the head). The initiator of the transfer of the leave may
be at the head of the company and the employee. Transfer the vacation at the
initiative of the head is possible only in the case when granting leave to the
approved schedule may adversely affect the normal operation of the enterprise.
The order of transfer of holidays published if:
there is a written
consent of the employee to the transfer of leave;
the question of the
transfer of vacation agreed in the prescribed manner with the trade union or
other authorized representative labor collective body;
the transfer system
is not;
part of the leave of
24 calendar days of the employee uses the current working year.
Annual leave at the request of the employee to be
transferred to another period if:
Senior violated a
term of written notice of the time of release;
employee not timely
paid wages during annual leave (paid not later than three days before the
start);
employee is
temporarily unable to work on the first day of the holiday, which is certified
in the prescribed manner;
there comes a period
of maternity leave;
annual leave
coincides with the release in connection with the study, the implementation of
an employee of state or public duties, if, according to law, he is subject to
the time release from work with pay.
Note
These leave the transport base are not exhaustive and are
subject to expansion.
Transfer vacation by the employee also issued an order.
Application vacation schedule
In accordance with Article 10 of the Law № 504 specific
period of annual basic leave (defined in graph or modified later one of labor
sides) is negotiated between the director (usually this occurs at the head of
the worker or the level of service personnel) and the employee. Human Resources
shall in writing notify the employee of the date the leave is not less than two
weeks (according to art. 2411 of the Labor Code the term calculated in weeks,
ending on the corresponding day of the week, ie. E. If the holiday starts on
Tuesday, it is Tuesday, the employee must receive notice of early release, so
you can hand it on Monday).
Wherein the first copy of the written notification should be
handed over to the employee, and the second with its signature certifying
receipt of notification is stored in the service personnel to release closure.
The provision of annual leave is made by the order of the
director. Take advantage while you can blank manufactured by the enterprise, or
the standard form number P-3 'order (order) for leave "approved by the
Ministry of Statistics of Ukraine" On approval of standard forms of
primary records on labor statistics "on December 5, 2008 № 489.
In practice, published both individual and consolidated
(group) of the Order, uniting all workers, which this Order is granted leave.
The grounds for issuing the order:
vacation schedule
(providing basic annual leave or part thereof of not less than 14 days);
application worker
and vacation schedule (annual simultaneous provision of main and additional
leaves);
a statement of the
employee (the provision of additional annual leave).
On the basis of the order (list) to provide basic annual
(additional) holiday to make appropriate entries in section IV of
"Holidays" personal card form number P-2, approved by the Ministry of
Statistics of Ukraine "On approval of standard forms of primary labor
statistics records" from December 5, 2008 № 489.
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