Instructions: how to properly recall an employee from vacation

Annual paid rest is the right of every employee. But if necessary, the employer may decide to interrupt it and call an employee to perform certain work. The list of situations in which a person may be asked to go to work has not been approved at the legal level, so companies independently decide when they need an employee so much that their legal vacation can be interrupted. Most often this is an unforeseen or emergency situation, an accident, an urgent business trip or an unexpected inspection. Whatever the reason, the employer must obtain the employee’s consent to recall from leave (a sample with the necessary explanations is presented below).

Possible reasons

It is worth noting that the Labor Code of the Russian Federation provides for an official call of an employee from annual leave. As a rule, under such circumstances, personnel officers call the reason a sudden production need, but this is not entirely correct.

There is a certain list according to which you can actually call an employee to work during rest:

• an inspection that was not previously planned;
• accident and other emergency situations;
• dismissal of a person who was officially appointed to replace him;
• a specific task that can only be solved by an employee who is on vacation.

Of course, this list is far from complete. There are actually many more reasons why it is necessary to recall from leave due to operational necessity. However, in any situation it is important to describe the problem accurately and in detail. If this is not done, then during the next personnel check the supervisory authority may have serious doubts about the legality of the actions of the organization’s management.

How to find an employee?

When the question of a call from vacation arises, sometimes the personnel service is faced with the problem of finding an employee, because he does not necessarily have to be at home during the vacation period. In addition, the law does not say that an employee must warn his superiors that he plans to leave the city.

To do this, the company management must introduce a certain document of a recommendatory nature. It will record all the information about where the employee may be, as well as his contact information, by which he can be contacted in emergency situations, and when a call from vacation is necessary.

Once the HR employee has contacted the required employee and received consent, you can begin documenting the call.

Making a legal call

It is worth noting that there is not a single document that clearly states how to call an employee from his legal rest. This is not described in the Labor Code either. A call from vacation can be carried out according to certain rules:

1. If the employee is assigned to any department, then the head of this department must write a special memo addressed to the director, which will indicate a clear reason for the call.
2. After this, a formal notice is issued. It is necessary to leave a place where the employee must sign. It will mean acceptance of the call. It is worth noting that no one can force an employee to take leave from vacation. He may refuse management's offer.

But it’s not enough to know how to write a vacation review. It is also important to formulate the order correctly. A correctly executed order is the main reason why an employee will have to appear at work during his legal rest.

Correct drafting of the order

So, the order is drawn up directly by the HR department employee and approved by the director of the organization. It must be recalled that the order is the main document, so the answer to the question of whether it is possible to recall from vacation without this paper is obvious.

The document must indicate the following:

• The reason why an employee needs to leave his legal rest and go to work.
• The date when he needs to appear at work.
• The period during which the work will take place.
• Options for where the rest of your vacation will be spent. It is possible that the employee will immediately take the remaining days off.
• Instructions for accounting employees (the employee needs to recalculate wages and vacation payments).

At the same time, in the order for recall from leave for operational reasons, it is possible to indicate that the employee does not object to such a decision, although this is not necessary. If the employee’s consent was drawn up in a separate document, then it must be attached to the order as an appendix.

How can you use the remaining days?

The employee returned to work temporarily, but what about those days that remained untouched? Is it possible to take them off later or receive compensation, since the payment for the vacation has already passed?

In this case, the Labor Code of the Russian Federation offers several options:

• if work due to production needs has been completed, and there are still free days left, then the employee has the right to extend his vacation and simply take off his free time;
• if the employee does not want to take the remaining time off, then he has the right to take these days at any time convenient for him until the end of the calendar year;
• you can also add the remaining days to the vacation of the future period and take them off next year;
• and the last option is to receive monetary compensation; this is only possible if the employee has already taken his required 28 days off, and the call only applies to additional days.

Exclusively at your own request

Consent to an employee’s return from vacation is a person’s voluntary agreement to return to work ahead of schedule. The concept of “voluntary” plays a key role here. An employer has no right to force an employee to sign an agreement. For any threats in the form of deprivation of bonuses, salary reductions or dismissal, the head of the enterprise may be held liable.

If an employee agrees to come to work, this must be paid in accordance with the law. An employee of an enterprise may not agree to return to his main place of work, but he may be attracted by the opportunity to work part-time during the vacation period for additional pay. For this purpose, a civil law contract is drawn up. Neither Labor nor Civil legislation contradicts this.

According to Art. 106 TC, the vacation period is a person’s free time. An employee of an enterprise can use it at his own discretion, including as a part-time job.

It is important that a civil contract is not reclassified as an employment contract. When registering it, the employee’s responsibilities should not be specified. Otherwise, this may result in fines and sanctions for the employer.

Order to recall from vacation

An order for recall from vacation must be made exclusively in writing. It is signed by the employer or manager who has the authority to sign such documents.

The order must indicate the following information:

• about the employer. Many companies already draw up orders and other documents on letterhead, which indicate the full name of the employer and his contact details, including legal and actual addresses;
• then comes the word "order"
• "body" of the order. In the text of the order for recall from vacation (for operational reasons), indicate the full name and position of the employee who is being recalled from vacation, the number of recall and the reason. The reason must be valid. The Labor Code of the Russian Federation does not provide for the concept of “good reason,” but as personnel practice shows, such reasons include: illness of an employee;
• emergency situation at the workplace;
• solving urgent production issues;
• eliminating the consequences of the accident;
• other reasons.

The employee must sign the order. This will mean that he agrees that he is being recalled from vacation. But, before issuing an order to call an employee, the head of the structural unit where this employee works must write a memo addressed to the employer, which should outline the essence of the production need. The employer must review this note and either send it to the personnel department to prepare an order, or refuse to recall the employee.

According to paragraph 3 of Art. 125 of the Labor Code of the Russian Federation, there are categories of employees who cannot be recalled from vacation even under emergency circumstances:

• pregnant women;
• employees who are under 18 years of age;
• workers in hazardous production and in difficult climatic conditions.

Vacation review: how to apply

Based on the order to recall from vacation, the HR department inspector makes changes to the employee’s personal card in section 8 and to the vacation schedule. The recall of an employee from vacation due to production needs affects the amount of his vacation pay.

Before going on the main vacation, the employee receives vacation pay. They are calculated from the average salary of this employee and the duration of his vacation. Since the employee has been called back from vacation, and he will not be able to use part of it, vacation pay must be reversed for these days.

For example, employee Ivanov I.I. is on vacation from 01.09 to 28.09. An order was issued against him to recall him from vacation, which he signed, that is, he gave his consent. He went to work on September 10, for 5 days, and again went to “finish” his vacation.

His salary in the billing period (from 09/01/2014 to 08/31/2014) was 48,000 rubles. This period was fully worked out, there were no bonuses or additional payments.

The average daily earnings of this employee is (48,000 * 12) / 29.3 / 12 = 1638.23 rubles. For the 5 days that he worked on call, he must “return” to the enterprise 1,638.23 * 5 = 8,191.13 rubles.

But he works these days, therefore, he must receive a salary for them in the amount of 48,000 / 22 * ​​5 = 10,909.1 rubles. The accountant makes a recalculation and in the next salary the employee will receive 10,909.1 – 8,191.13 = 2,717.97 rubles for these days.

If the salary is less than the calculated vacation pay, then deductions from the employee’s salary are not directly provided for by law. This is stated in Art. 137 Labor Code of the Russian Federation.

An employee who was called to work due to operational necessity does not lose his right to those few days of vacation that he “worked.” He can use them like this:

• take these days off at any time convenient for him. The employer has no right to refuse him;
• extend the current vacation for these days. The employer also cannot refuse him;
• add these days to your annual leave next year. In this case, his vacation pay will be “attached” to the next year’s vacation pay, and payment for working days will be issued in the next salary.

Who cannot be recalled from vacation

The current legislative norms have established a list of special categories of employees who cannot be recalled from the vacation period under any circumstances. These include the following employees:

1. Young professionals who have not yet reached 18 years of age. Modern legislation pays special attention to the protection of this particular category of employees. It is believed that they should use the entire vacation in order to restore their own strength and not harm their health.
2. Pregnant women. This category of employees is also given increased attention by current standards. This is done in order to minimize the number of cases of discrimination shown by the employer. It should be noted that cases of pregnant women being called back from vacation still cause a huge amount of controversy among modern experts. If the employer really knew about the fact that the woman was pregnant, the situation here will not be difficult: he only needs to strictly follow the current rules and make any decisions regarding such an employee with the utmost caution. However, sometimes in practice there are situations in which employees literally do not notify their manager about the fact of pregnancy until the last moment. In this case, the employer may decide to forcefully call you back from vacation, since no documentary evidence of the fact of pregnancy was presented to him.
3. Employees whose professional activities are constantly associated with the presence of harmful or dangerous working conditions. It is believed that working under such conditions is fraught with high risks to the health and well-being of employees. Therefore, vacation must be used by such employees for its intended purpose. If the employer insists on forced recall, such actions by the boss will be considered a serious violation of the rights and interests of the subordinate.

It should be noted that all of the above categories of citizens cannot be recalled from the standard vacation period, which is paid by the employer and is provided to employees every year. However, in modern professional relationships, other types of leaves can be issued. In particular, this may be an additional vacation period that is provided to special categories of employees. There are also special rules regarding the recall of a subordinate from vacation. In particular, an employee who combines work and parallel training cannot be called back from his previously issued additional leave.

Personnel preparation of a vacation review

Every employer must remember that the forced recall of a subordinate from vacation is a serious procedure that must always be carried out in strict accordance with applicable regulations. In particular, the very fact of recall by unilateral decision of the authorities must be recorded in the main personnel documents. The main one, of course, will be the vacation schedule in force in the organization, which was previously approved by the company’s management.

All necessary amendments to it are made in the following order:

1. First you need to record the very fact of transferring several days to another period of the year. To do this, a corresponding note is entered in column No. 10, namely the exact number of vacation days that the employee was unable to take off.
2. Next, in column No. 8, you must indicate information about the document that is the main basis for recall from vacation. In most cases, such a document will be an order drawn up and signed by the head of the organization or another authorized person. The column indicates the registration number of such an order, as well as the date of its creation.
3. And finally, in column No. 9 it is necessary to enter information about the new period to which the remaining days of rest were transferred. It should be noted that only approximate times can be indicated here. It is quite possible that the employee will then change his mind and decide to slightly change the previously specified dates. This will not constitute a violation.

The next important document, which will also need to make certain changes, will be the time sheet maintained by the organization. Here, all vacation days on which the employee performed his professional duties instead of being on vacation must be properly noted.

And, finally, the very fact of calling an employee from regular leave by decision of the head of the company must be noted in a document such as the employee’s personal card. This indicates the date on which the employee appeared at work earlier than the scheduled time, as well as information regarding the transfer of rest to another period.

No way without the employee's consent

For Russian labor legislation, it is completely unimportant for what reason the employer plans to return his subordinate from vacation. Moreover, the guard and the person’s work experience in the enterprise practically do not matter. The most important condition for the possibility of recall is the consent of the employee himself to interrupt the required leave.

An employer does not have the right to unilaterally deprive an employee of the right to legal leave. Even local regulations of the organization cannot influence this.

In addition, there are special categories of employees whose vacation cannot be interrupted under any circumstances - these are persons under 18 years of age, women on maternity leave, employees working in hazardous work.

It is important for management to remember that leave is provided to employees of the enterprise on a first-come, first-served basis in accordance with the established schedule. The priority must be approved by the employer no later than 14 days before the start of the new calendar year.

Procedure

It is impossible to simply inform an employee during his legally scheduled vacation that he must return to work. To do this, there is a strictly defined procedure, all stages of which must be completed. We have already discussed this in more detail in the material “how to recall an employee from vacation.”

The first step is to make sure that the reason for the revocation is serious enough. This could be some kind of production problem that only this particular employee can solve, the need to replace another employee of the enterprise, etc.

Next, the company management is obliged to inform the subordinate about the upcoming recall and obtain his written consent, after which a corresponding order is formed.

If an employee does not want to take leave, the organization’s administration does not have the right to force him (and even more so, this is not a basis for imposing a disciplinary sanction or dismissal, which employers sometimes threaten).

Who cannot be recalled

There are categories of employees who, by law, cannot be recalled from vacation under any circumstances:

• minor workers;
• women expecting the birth of a child;
• those who work in hazardous or hazardous production conditions.

How to justify a review and write the basis for an order

Every order issued in an organization must be justified in some way and have some basis. In this case, the justification may be production necessity, and as a basis you can refer either to a memo from the head of the structural unit (shop, site, department) in which the recalled employee works, or to a specific article of the Labor Code of the Russian Federation, which allows you to recall employees organizations from planned vacations.

What to do if an employee does not agree to take leave

If an employee refuses to return from vacation, you do not have any right to influence the employee to one degree or another. The law of the Russian Federation completely prohibits the employer from any actions or penalties from the employee.

Since, according to the law, the employee’s consent is required for an early call, refusal to leave cannot be considered a violation of discipline.

So, the maximum possible action that a boss can take is to take offense at his subordinate. And it doesn’t seem to be that good, but it will pass with time.

Order to recall an employee from vacation

The order for recall from vacation is drawn up in any form. There is no special form for this document established by law. Each company determines its content independently based on the requirements of labor legislation for the procedure for interrupting an employee’s rest, taking into account the company’s internal labor regulations.

Recall from vacation: how to take into account the requirements of labor legislation

The requirements for filing a vacation review are set out in Art. 125 Labor Code of the Russian Federation.

Not all employees can be recalled from leave. Part 3 Art. 125 of the Labor Code of the Russian Federation establishes a ban on recalling employees from vacation... (see if the employee is included in this list, in K+).

If the called vacationer is not included in the specified list, only the desire of the employer to interrupt his vacation is not enough. A vacationer has the right to refuse to interrupt his vacation and not fear punishment for this (clause 37 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

In addition, recalling an employee from vacation results in the following additional responsibilities for the employer:

• take into account the employee’s desire to take off vacation days at any time convenient for him;
• at the employee's option, add the unused part of the vacation to his annual leave for the next working year.

Compliance with internal corporate rules

The procedure for recalling from vacation may be prescribed in the company’s local standards - in this case, it is necessary to adhere to the established procedure. For example, the regulations on vacations or internal labor regulations indicate that in order to issue a recall from vacation, the following is required:

• an official note from the head of the department whose employee is subject to recall (an official note signed by the director of the company serves as the basis for issuing a written notice of recall from leave sent to the employee);
• the employee’s own consent to interrupt the vacation;
• entering information about the remaining days of rest into the vacation schedule and the employee’s personal card.

In this case, the recall from vacation will have to be completed using all the specified papers in full.

If no nuances are provided for by internal company standards, you can inform an employee about a sudden interruption of his vacation in any possible way: by phone, email, etc. But you still can’t do without a written order. How to arrange it, see below.

How to file a recall from leave due to production needs (sample)?

The list of circumstances under which recall from vacation is permitted is not established by law, so the employer has the right to determine them independently.

For example, recall from leave due to production needs is possible in the following cases:

• carrying out an inventory, the presence of a financially responsible person is mandatory;
• conducting an on-site tax audit, during which the chief accountant will have to be at the workplace;
• problems in computer networks that can only be resolved by a system administrator.

Leave from vacation due to business needs can also be issued for other employees of the company.

How to submit a vacation review? Revocation from vacation is formalized by an order, the content of which must provide for the following:

• the reason why the employee will have to take time off from rest;
• information about the date of interruption of vacation and the full name of the called vacationer;
• the number of days of unused vacation and the date when the employee is ready to take it off;
• an order to the accounting department to recalculate the vacation amount and to HR officers to enter information about vacation days to be used in the future in the vacation schedule and the employee’s personal card.

In the order for recall from vacation, the details of the employee’s written statement of consent to interrupt his vacation are indicated as the basis.

Is it possible to recall from vacation without recalculating vacation pay?

Accountants often ask the question: is it possible to recall from vacation without recalculating vacation pay? Unfortunately no. The fact is that when transferring vacation, the average earnings for calculating vacation pay will need to be calculated based on the new billing period (Article 139 of the Labor Code of the Russian Federation), therefore the employee must return part of the vacation pay for unused vacation days.

The organization cannot retain them without the employee’s consent, since Art. 137 of the Labor Code of the Russian Federation establishes restrictions on deductions from an employee’s salary. To withhold overpaid vacation pay when recalled from vacation, the organization must either agree with the employee that he will return the money to the cashier, or receive an application for withholding from the employee, or register the overpaid vacation pay as an advance against future salary. In any case, in order not to violate the Labor Code of the Russian Federation, it is necessary to formalize the employee’s consent to withhold vacation pay for the number of days for which the employee was recalled from vacation.

Personal card and report card

Management should not forget that the order must be drawn up for the remainder of the vacation period. After it is drawn up and signed, adjustments are made to the annual vacation schedule of the company’s employees. In addition, the data is recorded in the employee’s personal card and time sheet. Notes should be made in personnel documents indicating that the vacation period was violated and the remainder of it was postponed to another time.

The special vacation section of the personal card indicates the type of vacation and the period worked for which the free days were provided. This includes data on the number of days of vacation with its start and end dates. All changes are reflected in this section. Corrections are made with one blue or black line, and new data is written next to it. In a separate line you need to indicate information regarding the document that served as the basis for the employee’s withdrawal from vacation.

In the worksheet, annual paid leave is indicated by the number 09 or the letters OT. The period that the employee will work after the recall is marked with the number 01.

Sample application

A sample consent to recall from vacation is a document. which confirms the return to work from the specified date. The HR department can prepare an order to recall an employee and return him to work.

We are preparing an order

Like the sample statement of consent to recall from vacation, the order does not have an approved form and is developed independently by the enterprise. (Part 4 of Article 9 of Federal Law No. 402 of December 6, 2011). It should contain the following items:

• justification of the reason for the revocation;
• FULL NAME. the recalled employee and position;
• indication of the dates of use of the remaining part;
• the procedure for recalculating vacation benefits for unused days;
• FULL NAME. employee monitoring the execution of orders.

Sample order

How to make changes to your vacation schedule

Registration of an order is the basis for making changes to the schedule at the enterprise. Amendments are made to Form No. T-7, approved by Resolution of the State Statistics Committee of January 5, 2004 No. 1.

In column 8 “Grounds for transferring vacation”, enter the details of the order according to OK, fill out column 9 “Date of proposed vacation”.

Remaining rest and recalculation of vacation pay

The rest of the rest and the procedure for using it are specified when the employee signs the consent and are enshrined in the order for his return to work. Usually this procedure does not cause any difficulties for the parties.

From the moment the employee starts work, wages are accrued. The accounting department recalculates and, at the end of the reporting period, the paid vacation pay (the unused part of it) is issued, as a rule, as part of the salary for the period worked or as an advance for the next one. In accordance with tax accounting rules, settlements with the Pension Fund, Social Insurance Fund and Federal Migration Service, as well as personal income tax and income tax are adjusted.

Familiarization of the employee with the order

Do not forget that the employee must read the order and sign it. If you have drawn up his written consent separately from the rest of the document, do not forget to provide a link to this document. Oh, you can formalize his consent directly on this document, then you will just need to add a column about familiarizing the employee with this decision.

Remember that the fact that you called an employee back from vacation will cost you an interesting material investment, as a salary for your employee, and you are also obliged to provide his vacation in the form that he did not use. If he does not have time to use his vacation entitlement this year, he can receive it as an addition next year.

Also, in case of vacation, the employee may ask for a bonus or some other compensation for ruined vacation. So, before calling your employee, think about how much it might cost you and whether you really need this employee in your situation. Also, you will have to deal with certain payments and taxes, such as personal income tax, insurance premiums, as well as income tax.

Remember that their amount will depend not only on whether you call an employee, but also on when you do it. So, it will be of great importance whether you called an employee to you at the beginning or end of the vacation.

When is it necessary?

The application is written in the case when the employer, due to production needs, wants to recall the vacationer to work.

The text indicates the employee’s consent or refusal to return to work duties.

If there is disagreement, the employer cannot do anything; compulsory cancellation of vacation is not allowed.

In general, the rules for early withdrawal from annual leave are prescribed in Article 125 of the Labor Code of the Russian Federation, which states that such a procedure is possible only with the consent of the employee.

Verbal confirmation in this case is not enough. The employer should receive a written response from the employee to be sure of strict compliance with the requirements of the Labor Code of the Russian Federation.

Is it possible to write at the request of the employee?

The Labor Code of the Russian Federation suggests that the initiative for an early call to work should come from the employer. In response, the employee either agrees or does not.

The Labor Code of the Russian Federation does not consider situations where the vacationer himself wants to cancel his vacation and return to work.

If such a need arises, the issue can be resolved by mutual agreement with management.

The fact that an employee submits an application to cancel vacation and return to work early will not be considered a violation of labor legislation.

In turn, the employer must accept and consider the application.

If he does not object to the cancellation of the vacation, then an order to this effect is drawn up, and the dates when the vacation will be provided are agreed upon.

Despite the fact that the reasons for the transfer are set out in Article 124 of the Labor Code of the Russian Federation, and it does not contain such reasons as “personal desire” or “family circumstances”, nevertheless, cancellation is subject to the consent of both parties and the transfer of vacation days to another the deadline will not constitute a violation of the Labor Code of the Russian Federation.

The application text in this case is written in free form, and it indicates a request to cancel the current vacation and explains the reasons for this.

How to obtain consent at the initiative of the employer?

If the initiative for early termination of annual leave comes from management, then this situation is natural and is described in Article 125 of the Labor Code of the Russian Federation.

According to the Labor Code, in order to be recalled to work, it is sufficient to obtain written consent from the employee.

Consent is written in response to a notification of an early call to the workplace.

The text states:

• details of the notification in response to which the application is being drawn up;
• confirmation that the applicant agrees with the early withdrawal;
• the date from which the applicant plans to begin work duties;
• the period for which the unused part of the vacation will be transferred.

If the employee does not plan to interrupt his rest for the sake of the interests of his superiors, then he has every right to do so. In this case, you must write in your application about your refusal to go to work.

We issue an order

When the employee has given his consent, all that remains is to issue an order to return to work early. Since there is no single form for such a case, employers issue an order taking into account the requirements established in the organization. The main details of such an order will be:

• reason for employee recall;
• release date;
• time for providing unused rest days.

The employee must be familiarized with the order.

Order on early return to work, sample

Changes in personnel documents

An order is the basis for further actions of the personnel officer. He needs to make changes to the vacation schedule by adding information about early termination of vacation in columns 8, 9 and 10 of the T-7 form. How to make changes can be seen in the picture:

Information about the review is also included in the employee’s personal card. In Section VIII of Form No. T-2 they enter how many days were used, on what basis the weekend was interrupted (details of the relevant order).

All days when a person worked must be indicated in the timesheet with the code “I” or “01”.

conclusions

In any company, unforeseen circumstances may arise that require additional workers and urgent assistance.

Then managers have to turn to employees who are on vacation. It is mandatory to obtain the consent of the vacationer himself. He has every right to refuse, since annual leave is his legal option.

At the same time, the boss should not exert pressure or threaten. If he agrees, the person formalizes his permission in writing, and only then the manager issues a decree on revocation.

In what cases is a statement from an employee required?

In order to call a citizen from vacation, compelling reasons are needed, for example:

• incapacity or resignation from work of another employee, in whose place the citizen is called back from vacation;
• inventory at the enterprise, requiring the presence of the entire working staff;
• industrial accident requiring additional assistance from workers;
• urgent work that requires additional employees or specialized specialists.

There may be other valid reasons for calling an employee to work, but management must draw up a free-form document indicating the circumstances, date and the employee’s right to dispose of his unused vacation in the future.

There are groups of people whom the management of the enterprise does not have the right to recall from vacation for any reason:

• employees on study leave>;
• pregnant women>;
• persons under 18 years of age>;
• workers in dangerous and harmful professions.

These employees use vacation days without breaks.

With the approval of the administration, the employee can use the remaining days of rest later or add to the next vacation.

Who does the registration of the service?

The registration of the service must be carried out by the head of the department or unit in which the person being called works. In other words, only the one who hired him can call an employee.

The person performing his duties can draw up a note in the absence of the immediate supervisor.

It is important to consider that there are four types of workers whose calling is illegal, even on their own initiative:

1. pregnant women>;
2. workers of dangerous and harmful enterprises>;
3. persons under 18 years old>;
4. on study leave.

How to write correctly?

During periods of production necessity, the immediate supervisor decides to call the employee back from vacation and draws up a memo. The document specifies the rationale for such a measure.

After this, the director of the company makes a decision on this note, indicates the resolution and puts his signature. There is no single form or sample, so the service letter for recall from leave due to production needs is filled out in any form.

The employee’s consent is a necessary condition for being called back from vacation, as stated in Art. 125 Labor Code of the Russian Federation. In the absence of such consent, it is impossible to force an employee to go to work, just as it will be illegal to apply any penalties to him. Therefore, it is necessary to obtain written consent.

It may be given on the notice or in a separate document.

If the employee’s recall is forced, he can write a statement to the state labor inspectorate, after which the company can be fined up to 50 thousand rubles.

Design example

For understanding, an example of a situation and a sample memo about recalling an employee from vacation are provided. Merchandiser N.Yu. Gabransyan fell ill at AVANART LLC. Merchandiser A.S. Murzin, who can replace him, has been on regular leave since June 12, 2019.

Vacation is 7 calendar days. The head of the network department needs the consent of the director of the organization to recall an employee from regular leave.

To recall merchandiser A.S. Murzin from vacation, to the head of the network department N.I. Kuts needs a positive decision from the director of AVANART LLC, for this it is necessary:

• draw up a letter of recall from vacation according to the filling rules;
• submit a note for registration of the decision and signature to the director.

How to apply

An employee recall leads to a number of legal and financial consequences in the relationship between the organization and the employee. In case of unforeseen circumstances, the employer may, having received a sample of the employee’s consent to recall from vacation, interrupt his legal vacation. What is important to remember:

• early termination of rest is allowed only with the approval of the employee (Article 125 of the Labor Code of the Russian Federation);
• Involving an employee on regular leave in work without observing the rule of voluntariness leads to the administrative liability of the official under Art. 5.27 Code of Administrative Offenses of the Russian Federation;
• There are categories of employees who, in accordance with Part 3 of Art. 125 of the Labor Code of the Russian Federation, it is prohibited to call from rest. This rule applies even if a sample consent for a call from vacation can be obtained without difficulty.

Document and carefully document all steps to recall an employee:

1. Prepare a memo from the head of the department where the emergency situation occurred and describe it.
2. Justify the need to interrupt the next rest of a particular employee. The form of this document is not regulated in any way.
3. Prepare a written appeal to the employee in any form.

IMPORTANT!
You are not required to complete a written request and send it to the employee. Just make a phone call. This option is recommended for large structures where inspection bodies often work.

The approximate structure of such an appeal:

• explain the reasons for your request to interrupt your vacation;
• indicate your return to work date;
• propose options for using the remaining part of the vacation if a sample of the employee’s consent to recall from vacation is received;
• remind that your employee has the right to refuse;
• explain the options for accounting for the amount of unused vacation pay;
• offer incentive options.

A sample of an employee’s consent to recall from vacation can be recorded in writing in the employee’s hand under the text of the appeal.

In what cases is it allowed?

The possibility of recalling a subordinate from vacation is established by Art. 125 Labor Code of the Russian Federation. For these actions to be legal, several conditions must be met:

Having a good reason

Since the Labor Code of the Russian Federation does not indicate which reason is valid, inaccuracies often arise in this matter. Most managers or HR employees, when filing a review, indicate production necessity as the reason. However, this concept is too broad , so it is recommended to use a more precise and specific formulation.

Examples of good reasons for recalling from vacation may include the following events:

• preventing downtime;
• resolving urgent or urgent organizational issues;
• preventing a serious accident or eliminating its consequences;
• preventing damage to company property or third parties, as well as possible injuries or accidents.

Availability of employee consent

An employee’s return to work is possible only with his consent to this, confirmed in writing.

Providing unused portion of vacation in the future

At the employee's discretion, he can receive those vacation days that he spent at work at any time of his choice.

Who cannot be revoked even with consent

Art. 125 of the Labor Code of the Russian Federation allows you to call an employee if he issues written consent to be called from vacation (we’ll look at a sample a little later). At the same time, it lists the categories of persons who are prohibited from being called to work during paid rest. These include:

• minors;
• pregnant women;
• pests.

Even if the boss agrees and the beneficiary writes a statement of consent to recall from vacation, the sample will be drawn up correctly; at the first inspection, GIT inspectors for such a violation of the norms of the Labor Code of the Russian Federation can fine the organization and its officials under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. Management faces sanctions of up to 5,000 rubles, and legal entities - up to 50,000 rubles.

Normative base

Resolution of the State Statistics Committee of the Russian Federation dated January 05, 2004 N 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”

How to apply

All workers must take periodic rest. But for a valid reason (production necessity), the employer has the right to interrupt the rest of a subordinate. Only very serious circumstances are considered valid, for example, to eliminate the consequences of an accident or natural disaster, or to replace an employee who is temporarily performing the duties of a vacationer, but who suddenly ends up in the hospital.

It is allowed to issue a call from leave due to production needs in the form of a notification (message) in free form.

Due to production needs and illness of the account manager Sidorova O.G. We ask you to consent to withdrawal from annual paid leave from April 24, 2020.

In accordance with Art. 125 of the Labor Code of the Russian Federation, the part of the vacation unused in connection with the recall will be provided to you at any time convenient for you in the current working year or can be added to the vacation for the next working year at your request.

General Director of Pion LLC Voronov A.V. Voronov

From Art. 125 of the Labor Code of the Russian Federation it follows that calling an employee for production reasons is allowed only with his consent. And if a person cannot or does not want to go to work earlier than expected, you cannot force him.

In addition, it is strictly prohibited to interrupt the rest of the following persons (even if a production need arises):

• minors;
• pregnant employees;
• workers in hazardous and/or hazardous work;
• combining work and study (in case of additional study leave).

Quite often, employees succumb to the director’s persuasion and agree. In this case, the employer should obtain the employee’s consent to interrupt the rest for production reasons. The employee draws up his consent to go to work in any form, for example, like this:

What to do with the remaining days

An employee who agrees to leave early will subsequently receive the unused part of the vacation:

• during the current working year at any time convenient for him;
• together with the days allotted for the next working year (Article 125 of the Labor Code of the Russian Federation).

Sources

• https://BusinessMan.ru/vyizov-iz-otpuska-pravila-oformleniya-otzyiv-iz-otpuska-po-proizvodstvennoy-neobhodimosti.html
• https://trudinspection.ru/alone-article/otpuska/%D0%BE%D1%82%D0%B7%D1%8B%D0%B2-%D0%B8%D0%B7-%D0%BE%D1 %82%D0%BF%D1%83%D1%81%D0%BA%D0%B0-%D0%BF%D0%BE-%D0%BF%D1%80%D0%BE%D0%B8%D0 %B7%D0%B2%D0%BE%D0%B4%D1%81%D1%82%D0%B2%D0%B5%D0%BD%D0%BD%D0%BE%D0%B9-%D0% BD%D0%B5%D0%BE%D0%B1%D1%85%D0%BE%D0%B4%D0%B8%D0%BC%D0%BE%D1%81%D1%82%D0%B8/
• https://assistentus.ru/forma/prikaz-ob-otzyve-iz-otpuska/
• https://nalog-nalog.ru/otpusk_i_vremya_otdyha/oformlyaem_otzyv_iz_otpuska_rabotnika_obrazec_prikaza/
• https://gosuchetnik.ru/kadry/instruktsiya-kak-pravilno-otozvat-rabotnika-iz-otpuska
• https://praktibuh.ru/kadrovyj-uchet/otpusk-ezhegodnyj/zayavlenie-na-otzyv.html
• https://www.klerk.ru/buh/articles/486305/
• https://prozakon.guru/trudovoe/zayavlenie-soglasie-na-otzyv-iz-otpuska-obrazecz.html
• https://prozakon.guru/trudovoe/sluzhebnaya-zapiska-ob-otzyve-iz-otpuska.html
• https://zakonguru.com/trudovoe/otpusk/otzyv-rabotnika-po-proizvodstvennoj-neobxodimosti.html
• https://clubtk.ru/forms/dokumentooborot/otzyv-iz-otpuska-po-proizvodstvennoy-neobkhodimosti

Going to the workplace

As for the day of return to work for an employee who has been recalled from his entitlement leave, it is worth noting some nuances. For example, if the first day after the vacation period falls on a weekend or holiday, then it must be paid double. If this day is paid as usual, the employer is obliged to compensate the employee for this period with another free day. This is provided for by Russian Labor legislation, namely Art. 153. Labor Code of the Russian Federation.

Various situations may arise in an enterprise. Sometimes calling a valuable employee back from vacation becomes an absolute necessity. There is nothing scary or difficult about this if the employee agrees to interrupt his scheduled vacation.

An employee refuses to come to work while on vacation: how to obtain consent to recall

If the head of the organization, despite the employee’s refusal to go to work during the vacation period, still recalls him earlier than the date established by the vacation schedule, then the employee has every reason to write a complaint to the appropriate authorities. Based on the results of consideration of a complaint with such circumstances, the employer will almost certainly be held administratively liable for violation of labor legislation under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

The forms presented in the K+ system will help you write a complaint against your employer to the labor inspectorate. Get online access and access the materials you need.

To convince an employee to come to work while on vacation, the employer can apply financial incentives. For example, offer additional preferences: increase wages, pay compensation for travel and unused travel vouchers, etc. Threats of dismissal, application of disciplinary measures, demotion and other similar methods are not allowed.

Recalculation of vacation pay

When recalled due to production needs, the employee will not take part of the vacation off. But vacation pay was accrued to him for all days of the expected rest in accordance with the schedule, and was paid even before it began - no later than 3 days, as required by labor legislation (Article 136 of the Labor Code of the Russian Federation).

In this situation, recalculation of vacation pay cannot be avoided, despite the fact that this is not easy to do. The accountant takes the average earnings from which the initial vacation pay is calculated, multiplies it by the number of unused days and withholds the resulting amount from the employee (allowed only with the consent of the person). Or he formalizes it as an advance against future wages.

Please note that recall from vacation without recalculation of vacation pay is unacceptable. When providing the unused part of the vacation, vacation pay will have to be calculated from another billing period (Article 139 of the Labor Code of the Russian Federation), the amounts will be different. If the recalculation is not done, the employee will receive less money. It is possible that this will become the basis for a complaint against the employer.