There are only three employees at the enterprise: is it mandatory to prepare a vacation schedule

Even if there are only three people working at the enterprise, the employer is not exempt from the obligation to prepare a vacation schedule. The legislation does not provide exceptions for small businesses or employers with a small number of employees. At the same time, the schedule can be drawn up in any form, and failure to comply with the requirements regarding notifying the employee about the start of the vacation may be grounds for its postponement.

The vacation schedule is mandatory regardless of the number of employees

Yes, it is necessary to prepare a vacation schedule even if there are only three employees working at the enterprise.

According to part ten of article 10 of the Law of Ukraine "On Vacations" No. 504/96-VR, the order of granting vacations is determined by schedules approved by the employer in agreement with the elected body of the primary trade union organization (trade union representative) or another body authorized to represent the labor collective. After approval, the schedule must be communicated to all employees.

When preparing it, the employer must take into account both the production needs of the enterprise and the personal interests of employees and opportunities for their full rest.

The law applies to all employers

The provisions of the Law of Ukraine "On Vacations" apply to all citizens of Ukraine who are in labor relations with enterprises, institutions, and organizations regardless of ownership form, type of activity, or sector affiliation, as well as to persons working under a labor contract with an individual.

That is why the requirement to prepare a vacation schedule is mandatory even when the enterprise’s staff consists of only a few employees.

What the form of the vacation schedule should be

The current legislation does not establish an approved form of the vacation schedule. Therefore, the employer can prepare it in any form, the main thing is that the document contains the necessary information and complies with the requirements of the legislation.

When the vacation schedule must be approved

Neither the Labor Code of Ukraine nor the Law "On Vacations" specify a specific deadline by which the vacation schedule must be prepared and approved.

In practice, employers usually form it annually at the beginning of the calendar year.

At the same time, in Ukraine, the Model Rules of Internal Labor Regulations for workers and employees of enterprises, institutions, and organizations, approved by the resolution of the USSR State Labor Committee dated July 20, 1984, No. 213, continue to operate in parts that do not contradict the Constitution and laws of Ukraine. According to paragraph 20 of these Model Rules, the vacation schedule is prepared for each calendar year no later than January 5 of the current year.

When the employer must notify the employee about the vacation

The specific period for granting annual leave within the approved schedule is determined by agreement between the employee and the employer.

At the same time, the employer is obliged to notify the employee in writing about the start date of the vacation no later than two weeks before the date established by the schedule. This requirement is contained in part eleven of article 10 of the Law of Ukraine "On Vacations".

To fulfill this requirement, the employee can be given a separate written notice or be acquainted under signature with the order granting the annual leave.

When the employee can demand a vacation postponement

If the employer did not notify the employee about the start date of the annual vacation within the period established by law, the employee has the right to demand its postponement to another period.

This right is provided for in paragraph 1 of part one of article 11 of the Law of Ukraine "On Vacations." Therefore, it is important for employers not only to timely approve the vacation schedule but also to follow the established procedure for notifying employees to avoid violations of labor legislation.

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