Salaries calculated arbitrarily by an accountant are not subject to insurance contributions.
If the chief accountant regularly transferred to himself a salary in an amount greater than that stipulated in the employment contract, the amounts of such excess are not included in the contribution base.
Electronic requirements for payment of taxes and contributions: new referral rules
Recently, tax authorities updated forms for requests for payment of debts to the budget, incl. on insurance premiums. Now it’s time to adjust the procedure for sending such requirements through the TKS.
It is not necessary to print payslips
Employers are not required to issue paper payslips to employees. The Ministry of Labor does not prohibit sending them to employees by email.
"Physicist" transferred payment for the goods by bank transfer - you need to issue a receipt
In the case when an individual transferred payment for goods to the seller (company or individual entrepreneur) by bank transfer through a bank, the seller is obliged to send a cash receipt to the “physician” buyer, the Ministry of Finance believes.
The list and quantity of goods at the time of payment are unknown: how to issue a cash receipt
The name, quantity and price of goods (work, services) are mandatory details of a cash receipt (CSR). However, when receiving an advance payment (advance payment), it is sometimes impossible to determine the volume and list of goods. The Ministry of Finance told what to do in such a situation.
Medical examination for computer workers: mandatory or not
Even if an employee is busy working with a PC at least 50% of the time, this in itself is not a reason to regularly send him for medical examinations. Everything is decided by the results of certification of his workplace for working conditions.
Changed electronic document management operator - inform the Federal Tax Service
If an organization refuses the services of one electronic document management operator and switches to another, it is necessary to send an electronic notification about the recipient of the documents via TKS to the tax office.
All employers must provide vacations to employees. However, the Vacation Regulations are an unusual document for many. Is a vacation provision necessary for the employer and employee? We'll talk about this in our consultation.
Is a vacation provision necessary?
Labor legislation does not contain requirements for the employer to have a vacation policy. At the same time, the adoption of such a document will allow the employer and employee to clarify certain issues regarding the provision of vacations that are not regulated by current legislation and are left to the discretion of the parties.
Thus, the Labor Code of the Russian Federation provides for several types of holidays. which was discussed in a separate consultation. To decide what to include in the Leave Regulations, it is necessary to determine the conditions for their provision.
How are holidays granted?
What to include in the Vacation Regulations
It is advisable to reflect in the Leave Regulations those conditions for granting leave that are at the discretion of the employer. These include, for example:
- separate conditions for granting additional annual leave. We are not talking about those additional leaves, the procedure for providing which is regulated by law;
- the procedure for granting and deadlines for unpaid leave;
- documents required for granting vacations at your own expense.
Issues of additional payment in connection with vacation can be reflected both in the Regulations on vacations and in the Regulations on remuneration.
The vacation provision refers to a local regulatory act containing labor law norms. It is important to take into account that the conditions of the Leave Regulations, which worsen the situation of workers in comparison with established labor legislation, are not subject to application (Article 8 of the Labor Code of the Russian Federation).
Vacation regulations: sample
The vacation regulations can both disclose issues related to the provision of all types of vacations to employees, and clarify only certain aspects. Thus, an organization may have a Regulation on annual additional paid leave, a Regulation on unpaid leave, and others.
Example of a Regulation on annual additional paid leave.
Also read:
Leave regulations
These Regulations determine the procedure for granting, registering and paying for vacations and their duration and apply to all employees of LLC "____" (hereinafter referred to as the Company). The provision was introduced for the first time.
I. Duration of annual leave
1.1. Annual paid leave is provided to the Company's employees for a period of at least 24 calendar days.
1.2. Employees working under a fixed-term employment contract are provided with additional incentive leave of up to 5 calendar days in accordance with clause 2.5. Decree of the President of the Republic of Belarus No. 29 of July 26, 1999 and Article 160 of the Labor Code of the Republic of Belarus.
1.3. Employees for whom an irregular working day is established are granted additional leave for an irregular working day of up to 7 calendar days in accordance with Article 158 of the Labor Code of the Republic of Belarus.
1.4. Employees who have a long work experience in the Company of more than 5 years are granted additional leave for long work experience of up to 3 calendar days in accordance with Article 159 of the Labor Code of the Republic of Belarus.
1.5. Employees engaged in work with harmful and (or) dangerous working conditions, based on the certification of workplaces for working conditions, are granted additional leave for work with harmful and (or) dangerous working conditions.
The duration of additional leave for work with harmful and (or) dangerous working conditions and for the special nature of the work is established by Resolution of the Council of Ministers of the Republic of Belarus dated January 19, 2008 N 73.
1.6. The procedure, conditions for granting and duration of additional leave are determined by the employment contract with the employee.
1.7. An employee has the right to additional paid days of rest in the following cases:
- death of a close family member - 2 days;
- serious illness of a close family member - 1 day (the need to care for a sick family member must be confirmed by a certificate from a medical institution or an official certificate from a doctor);
— employee’s wedding — 2 days;
- birth of a child - 1 day.
Within the framework of these Regulations, close family members are recognized as: husband, wife, children, parents, brother, sister.
1.8. Additional paid days of rest are provided if the cases listed in clause 1.7 occur on a working day. The total number of additional paid days off should not exceed 7 (seven) days per year. If these days are not used, they cannot be added to annual leave.
1.9. For family reasons and other valid reasons, an employee, upon his application, with the permission of his immediate supervisor, may be granted short-term leave without pay.
1.10. Leave without pay is granted for a total duration of no more than 14 working days per working year.
1.11. Vacations are calculated according to the calendar, including weekends (holidays that fall during vacations are not included and are not paid).
1.13. Employees hired by the Company on a part-time basis are not provided with additional leave for irregular working hours.
1.14. The actual time worked by each employee is recorded in the time sheet.
II. The procedure for granting vacations
2.1. The provision of vacation to the Company's employees is carried out in accordance with a pre-approved vacation schedule.
2.2. At the beginning of the year, each department must draw up employee vacation schedules for the current calendar year.
2.3. The vacation schedule is approved by the head of the Company and agreed upon with the head of the personnel department.
2.5. When drawing up vacation schedules, you should consider:
2.6. The employer is obliged to notify the employee of the start time of the labor holiday no later than 15 calendar days in advance.
2.7. If it is necessary to postpone the vacation period, the employee must draw up a personal statement indicating the reasons for the transfer and submit it to the personnel service. In this case, the Employee must write a statement no later than 1 month before the expected start date of the vacation. Adjustments to vacation dates are permitted in the presence of valid reasons and in agreement with the Director of the Company only as an exception.
Read also: How to open a sick leave on a day off
2.8. The application for leave is submitted on the day it is written to the head of the organization. The immediate supervisor endorses the leave application based on his own decision on the possibility of granting leave. If the employee’s requested vacation is related to departure (the need to purchase tickets, tours, etc.), then the start and end dates of the vacation are negotiated with the immediate supervisor in advance before the employee assumes additional obligations related to the departure.
2.9. The original application must be submitted to the personnel service on the day it is signed by the director of the Company.
2.10. Two days before going on vacation, the employee transfers matters to the employee temporarily replacing him.
2.11. If for some reason an employee does not go on vacation, and the application has already been submitted to the personnel service, the employee is obliged to inform the personnel service about this.
2.12. The right to receive annual leave for the first year of work in the Company is granted to employees after 6 months of work lasting no more than 14 calendar days. If necessary, leave may be granted before the expiration of 6 months for the time actually worked at the discretion of the immediate supervisor.
2.13. The employee, first of all, uses annual leave for the time actually worked, and then unpaid leave.
2.14. The head of a department going on vacation is obliged to assign his duties to one of the employees of the assigned department during his absence.
2.15. Postponement of vacation for more than one year is not allowed. Earned vacation days, if not used at the employee’s initiative, are not compensated.
2.16. Time off is provided to employees for additional hours or days of work not provided for in the daily work schedule of the department or employee.
2.17. The employee must inform the head of the department in advance about the dates of his days off.
2.18. Time off is paid according to the average salary. Bonuses accrued to a department for a period of time are calculated in proportion to the time worked for this period.
2.19. All issues not regulated in these Regulations are resolved in accordance with the current legislation of the Republic of Belarus and labor contracts with employees.
2.20 Changes and additions to the Regulations are developed based on the results of its application in the Company or when the requirements of regulatory documents on the basis of which the Regulations were developed change.
Attachments to the document:
What other documents are there:
What else to download on the topic “Regulation”:
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An employment contract defines the relationship between employer and employee. The compliance of the parties with the rights and obligations provided for by it depends on how thoroughly the terms of the relationship between the parties who entered into it are taken into account. - How to correctly draw up a loan agreement
Borrowing money is a phenomenon that is quite characteristic and widespread in modern society. It would be legally correct to issue a loan with subsequent documented repayment of funds. To do this, the parties draw up and sign a loan agreement. - Rules for drawing up and concluding a lease agreement
It's no secret that a legally competent approach to drawing up an agreement or contract is a guarantee of the success of the transaction, its transparency and security for counterparties. Legal relations in the field of employment are no exception. - Guarantee of successful receipt of goods - a correctly drawn up supply agreement
In the course of business activities of many companies, a supply agreement is most often used. It would seem that this document, simple in its essence, should be absolutely clear and unambiguous.
Regulations on annual additional paid leave
1. General Provisions
1.1. This provision establishes the grounds, conditions and procedure for granting employees of [name of organization] annual additional paid leave (hereinafter referred to as employees, additional leave).
1.2. This provision has been developed and approved in accordance with the Labor Code of the Russian Federation, [indicate regulations governing the provision of additional leave to employees of organizations of the relevant profile, for example, Resolution Government of the Russian Federation dated December 30, 1998 N 1588 “On establishing for general practitioners (family doctors) and nurses of general practitioners (family doctors) an annual additional paid 3-day leave for continuous work in these positions”].
1.3. Additional leave must be provided to the employee annually.
1.4. The right to use additional leave for the first year of work arises for the employee after six months of his continuous work in [name of organization].
1.5. By agreement of the parties, additional leave may be granted to the employee before the expiration of six months.
1.6. Before the expiration of six months of continuous work, additional leave at the request of the employee must be granted:
- for women - before maternity leave or immediately after it;
- workers under eighteen years of age;
- employees who have adopted a child (children) under the age of three months;
- persons working part-time (vacations are granted simultaneously at the main job and at a part-time job; if the employee has not worked six months at a part-time job, then the leave is granted in advance).
1.7. Additional leave for the second and subsequent years of work may be provided at any time of the working year in accordance with the order of provision of annual paid leave established in [name of organization].
1.8. Additional leaves are provided with the preservation of the place of work (position) and average earnings.
1.9. Payment for additional vacations not related to work activities is financed from the budget.
1.10. Additional vacations are calculated in calendar days.
1.11. Non-working holidays falling during the period of additional leave are not included in the number of calendar days of additional leave.
1.12. When calculating the total duration of annual paid leave, additional leaves are summed up with the annual main paid leave.
1.13. Additional leave is provided in accordance with the vacation schedule.
1.14. Newly hired employees who are not included in the schedule are granted additional leave upon their application, agreed upon with their immediate superior.
1.15. Additional leave must be extended or postponed to another date in the following cases:
— temporary disability of the employee;
— the employee performs state duties during vacation, if labor legislation provides for exemption from work for this purpose;
- [other cases provided for Labor legislation. local regulations].
1.16. In accordance with current legislation, additional leave is provided to the following categories of employees: [select taking into account the characteristics of the organization’s activities]
— workers engaged in heavy work and work with harmful and (or) dangerous working conditions;
- employees with a special nature of work;
— workers with irregular working hours;
- employees working in the Far North and equivalent areas;
— [other categories of workers, for example, workers who were exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant or as a result of nuclear tests at the Semipalatinsk test site; additional holidays may also be provided for in the regulatory legal acts of the constituent entities of the Russian Federation].
1.17. Additional vacations are provided at [name of organization]:
[set taking into account the production and financial capabilities of the employer, for example, for social activities, for long work experience in the organization, etc.].
2. Work experience giving the right to additional leave
2.1. The length of service that gives the right to additional leave includes:
— time of actual work;
- the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract, he retained his place of work (position), including the time annual paid leave, non-working holidays, days off and other rest days provided to the employee;
— time of forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement to the previous job;
— the period of suspension from work of an employee who has not undergone a mandatory medical examination (examination) through no fault of his own;
- the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year.
2.2. The length of service that gives the right to additional leave does not include:
- the time an employee is absent from work without good reason, including due to his removal from work in cases provided for in Art. 76 Labor Code of the Russian Federation;
Read also: Employment contract with financial responsibility - sample
— time of parental leave until the child reaches the legal age.
2.3. The length of service that gives the right to additional leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.
In this case, only those days are taken into account when the employee actually worked in these conditions for at least half of the working day established for employees of a given production, workshop, profession or position.
2.4. The length of service that entitles employees who travel to perform work on a rotational basis to the regions of the Far North and equivalent areas from other areas to additional leave includes calendar days of shift in the Far North and equivalent areas and actual days on the road provided for by the shift work schedules.
3. Vacation pay
3.1. For the purposes of calculating vacation pay, the calculation period is used, which covers the last 12 calendar months before the granting of vacation.
3.2. A calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive) [other periods can be provided for calculating the average salary, if this does not worsen the situation of workers].
3.3. To calculate average earnings, all types of payments provided for by the remuneration system are taken into account.
3.4. The calculation does not include social payments and other payments not related to wages (material assistance, payment for the cost of food, travel, training, utilities, recreation, etc.).
3.5. Time, as well as amounts accrued during this time, are excluded from the billing period when:
A) the employee retained his average earnings in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child provided for by the labor legislation of the Russian Federation;
B) the employee received temporary disability benefits or maternity benefits;
C) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and employee;
D) the employee did not participate in the strike, but due to this strike he was not able to perform his work;
E) the employee was provided with additional paid days off to care for disabled children and people with disabilities since childhood;
E) in other cases, the employee was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation.
3.6. Vacation pay accrued to an employee for additional vacation is subject to personal income tax in accordance with the generally established procedure.
Amounts of payment for additional leave associated with compensation for harm caused to citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site and the disaster at the Chernobyl nuclear power plant are not subject to personal income tax.
4. Procedure for granting additional leave
4.1. The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.
4.2. Procedure for granting additional leave:
5. Additional leave for employees engaged in heavy work and work with harmful and (or) dangerous working conditions
5.1. Additional leave is provided to employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open-pit mining in open-pit mines and quarries, in radioactive contamination zones, and in other work related to the adverse effects on human health of harmful physical, chemical, biological and other factors.
5.2. Additional leave is provided:
Duration of additional leave
[based on the results of certification of workplaces for working conditions;
Cm. List industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved. Resolution State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 N 298/P-22]
[at least 7 calendar days]
5.3. Additional leave is provided based on the results of workplace certification for working conditions.
5.4. If an employee has the right to receive additional leave due to harmful working conditions on several grounds, leave is granted on one of these grounds.
5.5. Replacement of additional leave with monetary compensation is not allowed (with the exception of payment of monetary compensation for unused leave upon dismissal).
6. Additional leave for employees with a special nature of work
Leave regulations
1. General Provisions
1.1. All employees of the Company have the right to annual leave.
1.2. Paid days off are provided to employees to give them the opportunity to rest and attend to personal matters.
2. Payment and provision policy
2.1. As soon as an employee begins work for the Company, he begins to earn paid vacation time.
2.2. An employee can take vacation days after working for the Company for more than six months.
2.3. Annual leave can be taken by an employee in accordance with the vacation schedule developed by each division and approved by the head of the Company no later than December 14 of the previous year.
2.4. Unused (in whole or in part) vacation for the past year can be transferred to the current year.
2.5. Cash compensation for unused (in whole or in part) vacation is provided only if the employee submits an application for termination of the employment relationship.
2.6. Paid leave is not provided during the probationary period.
2.7. An employee of the Company cannot be recalled from vacation unless this is caused by important circumstances.
2.8. If an employee is recalled from annual leave, he will be reimbursed for actual travel expenses to and from work if, after the recall, he continues the said vacation in the same place where he spent it before the recall.
3. Procedure for granting leave
3.1. The provision of leave to the Company's employees is carried out in accordance with a pre-approved leave schedule.
3.2. At the beginning of November-December of the current year, employee vacation schedules for the next calendar year should be drawn up in each department.
3.3. The vacation schedule is approved by the head of the organization and agreed upon with the head of the HR department.
3.5. When drawing up vacation schedules, you should consider:
— policy in the field of providing vacations in the Company;
— features of the department’s work;
— personal wishes of employees.
3.6. If it is necessary to postpone the vacation period, the employee must draw up a personal statement indicating the reasons for the transfer and submit it to the personnel service.
3.7. The employee must write a statement no later than 1 month before the expected start date of the vacation.
3.8. The application is submitted on the day it is written to the head of the organization.
3.9. The original application must be submitted to the personnel service on the day it is signed by the General Director of the Company.
3.10. Two days before going on vacation, the employee hands over his site to the employee temporarily replacing him.
3.11. If for some reason an employee does not go on vacation, and the application has already been submitted to the personnel service, the employee is obliged to inform the personnel service about this.
4. Special circumstances related to paid
or unpaid leave
4.1. Special circumstances related to paid and unpaid leave in accordance with the law, for example, maternity leave, military service, performance of state or public duties, must be brought to the attention of the head of the Company and the head of the personnel service as early as possible.
4.2. Such cases are resolved in accordance with current legislation.
5. Weekends and Holidays Policy
5.1. The Company recognizes the following days off as Saturday, Sunday, official government and national holidays of the Russian Federation.
5.2. The transfer of days off is carried out in accordance with the regulations of the Government of the Russian Federation.
5.3. The personnel service notifies department heads in the form of an order about the transfer of days off two weeks before the transfer of days off.
5.4. An employee has the right to additional paid days off in the following cases:
- death of a close family member<1>- 3 days;
- serious illness of a close family member - 3 days (the need to care for a sick family member must be confirmed by a certificate from a medical institution or an official doctor’s certificate);
— employee’s wedding — 2 days;
- birth of a child - 3 days;
Since the labor legislation of the Russian Federation presupposes the need to provide company personnel with benefits, employers should have in order to regulate the procedure for their provision. For this purpose, enterprises publish the Vacation Regulations - a local standard reflecting detailed information on the annual main and additional vacation.
Purpose of the vacation provision
Basic information on the procedure for provision is contained in the Labor Code of the Russian Federation. However, managers are strongly recommended to additionally draw up vacation regulations. This will make it possible to regulate the nuances, the presence of which is determined by the specifics of a particular area of activity of an economic entity.
The standard under consideration will make it possible to regulate such aspects of providing vacations that are not provided for in labor legislation, such as:
- features of provision to enterprise personnel. It is assumed that the Regulations may contain a specific list of conditions on the basis of which employees will be granted such leave;
- nuances of providing employees with services that are not regulated by the Labor Code of the Russian Federation, but are allocated for decision by agreement of the parties;
- special nuances of providing for subordinates;
- problematic aspects of dividing and combining main and additional leave, as well as the procedure for paying for such periods;
- a list of personal documents of employees required in a particular company, which entities must provide when applying for various types of vacations or rescheduling vacations;
- any other controversial aspects related to providing staff with annual rest periods.
In addition to the above, the Regulations under consideration may also contain additional regulation of problematic aspects regarding the payment of vacation funds.
In the process of drawing up the document, the employer must remember that in any circumstances the accepted conditions and additional provisions should not worsen the financial condition of employees, nor shorten the total period of leave for subordinates required at the federal level. This position is enshrined in Art. 8 Labor Code of the Russian Federation.
So, for example, if an employer decides to reflect in the Regulations the situation of providing workers with additional leave due to the harmful influence of production factors, he should take into account that it is unlawful to establish in a local standard a shorter period than that stipulated in Art. 117 Labor Code of the Russian Federation. It is understood that a local act may stipulate 8 or more additional days of vacation for the category of workers in question, but not less than 7.
Basic rules for drawing up vacation regulations in an organization
Practice demonstrates that companies can use several local standards regulating vacation issues. Documents are expected to regulate general provisions regarding vacations, as well as separate standards for local problems (for example, Regulations on the provision of annual paid leave or Regulations on the provision of free vacations).
However, often one standard is drawn up, containing most of the nuances that need to be covered.
There is no clear legally regulated form of the Regulations. This determines the right of employers to independently formulate the form of the Regulations, taking into account the general requirements of the legislation for the preparation of local acts, as well as ensuring decent working conditions for employees.
The document contains a well-designed header of paper, as well as several sections that relate to various types of leave provided to employees.
The header should include the name of the organization, full name and position of the head (director, general director, etc.), as well as the actual date of formation of the Regulations.
Sections of the Leave Regulations look like this:
If the company has a trade union formation, upon completion of the development of the draft Regulations, it must be certified by a representative of the specified body. After approval and publication of the Order, the document is considered to come into force.
After the Regulations have been drawn up and approved, a director’s order must be published, which states the obligation of company personnel to follow the introduced local standards. The said order also specifies the person responsible for the execution of this document.
The Leave Regulations and the Order granting legal force to the Regulations must be kept together. In turn, the Order in question will be an appendix to the main document.
In accordance with the provisions of Art. 68 of the Labor Code of the Russian Federation, each employee must be familiar with the local acts being put into effect against signature even before concluding an individual employment agreement.
Vacation periods that are taken into account when drawing up regulations
The vacation regulations may include the following types of vacations:
Sample order for approval of vacation regulations
As already mentioned, the provisions on vacations in labor legislation are optional and not regulated by law. If a decision is made to create it, it, like any other local regulation, must be put into force by publishing the relevant order of the employer.
The manager publishes an Order, based on which the Regulations are considered binding from a specific date.
In practice, the order in question looks like this:
Limited Liability Company "Caramel City"
ORDER No. 884/E
On approval of the Regulations on vacations for employees of Caramel City LLC
I ORDER:
- Approve the Regulations on vacations for employees of Caramel City LLC.
- Give legal force to the Regulations on vacations for employees of Caramel City LLC from 12/01/2018.
AND ABOUT. General Director Kazantsev S.P. Kazantsev S.P.
The Order and Regulations must be preserved in the personnel department for 75 years. Copies of the reviewed documents may be kept in different departments of the company.
It is lawful to make adjustments to the Regulations only in the event of changes in legislation or the structure of the company.
Thus, the Leave Regulations are not a mandatory document. However, employers are strongly recommended to put it into effect in order to regulate certain aspects of the provision of vacations and related funds that are not reflected in the Labor Code of the Russian Federation.
All employers must provide vacations to employees. However, the Vacation Regulations are an unusual document for many. Is a vacation provision necessary for the employer and employee? We'll talk about this in our consultation.
Is a vacation provision necessary?
Labor legislation does not contain requirements for the employer to have a vacation policy. At the same time, the adoption of such a document will allow the employer and employee to clarify certain issues regarding the provision of vacations that are not regulated by current legislation and are left to the discretion of the parties.
Vacation regulations: sample
The vacation regulations can both disclose issues related to the provision of all types of vacations to employees, and clarify only certain aspects. Thus, an organization may have a Regulation on annual additional paid leave, a Regulation on unpaid leave, and others.
Example of a Regulation on annual additional paid leave.
Employers who have officially hired 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 formalize vacation regulations? What kind of document is this? 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 not covered by law and come to general agreements. This way you can avoid possible conflicts in the future. When drafting, the employee’s opinion must be taken into account, and the conditions must not contradict the law.
Regulations on vacations based on the 2016 model of the year
The provision in question is a local binding act, which prescribes labor law norms. It reflects the conditions for providing days of rest, which are subsequently submitted to the employer for consideration. Typically it includes the following vacation clauses:
- type (basic, without content, additional, educational, etc.);
- duration;
- to whom it is due and on what grounds;
- features of calculating monetary compensation;
- start/end date;
- documents required for registration;
- other information.
It necessarily reflects the mechanism for determining the amount and issuing vacation pay. Download sample vacation clause and Word format and you can adjust it for yourself.
ATTENTION!
If a subordinate is provided with conditions under the Regulations that are worse than those prescribed by labor legislation, it is unacceptable to apply them. This is what Art. 8 Labor Code of the Russian Federation.
After completing this document, a schedule is drawn up and an order is issued. The employee gets acquainted with its contents against signature.
The regulation on granting vacations is a local regulatory act that reveals the rules for granting vacations to employees of a particular enterprise. Of course, all employers are required to provide vacation time to their employees. This norm, as well as the procedure for providing and paying for rest, are stipulated in labor legislation. However, at many enterprises changes are being made to existing standards. These adjustments can create a more favorable environment for workers. All details are specified in the local Regulations on the provision of vacations. Let us consider in more detail why this document is needed, how it is drawn up and adopted.
Existing legislation does not oblige employers to adopt vacation provisions. However, to clarify controversial issues, such a local regulatory act can be introduced at the enterprise. Despite the fact that its content is not regulated by law, there are certain recommendations for its preparation, developed in practice.
What should be reflected in the position
Legal entities and individual entrepreneurs have the right to adopt local regulations containing labor law standards. This possibility is enshrined in Article 8 of the Labor Code of the Russian Federation. However, the employer does not have the right to introduce rules that infringe on the rights of employees and run counter to the Labor Code. If such a document does exist at the enterprise, then its rules cannot be applied in practice, and employees must ensure that the employer complies with labor laws.
Typically, the provision specifies those aspects that are at the discretion of the employer. Among them:
- some conditions for granting additional leave;
- issues of providing rest without pay, as well as its maximum duration;
- a list of documents required to provide vacation at your own expense;
- issues of additional payments in connection with vacation.
This list is incomplete; it may include other controversial issues that arise in the course of the company’s work. Quite often, the inclusion of certain points in this document is of a precedent nature. A fragment of the position template can be found below, and you can download the full version at the end of the article.
Vacation regulations: sample and acceptance
The acceptance procedure includes the following steps:
- development;
- coordination;
- statement;
- putting into effect.
Let's briefly look at each of them.
Development
The head issues an order to develop a local regulatory act, and also appoints persons responsible for this.
Coordination
The document developers must agree on the contents of the document with specialists from the human resources department, accounting department and other services at their discretion. The visa staff express their suggestions, comments and agreement on a special approval sheet.
Statement
After approval, the document is submitted to the manager for approval. At this stage, the manager submits the draft act to the trade union elected body, which must provide a reasoned opinion on the content of the draft within five days.
Introduction
The LNA is put into effect by an appropriate order.
After this, employees must be familiarized with the new document by signature. When hiring new employees, they must be familiarized with the act before signing the employment contract.