Sometimes the employer has a need to withdraw an employee from vacation. For this, there may be different reasons – for example, an urgent large -scale order has come or it is required to replace a sick colleague. In this article, we will consider what the employee’s review is from a vacation for production necessity, under what conditions it is possible, how to correctly draw it up and who cannot be recalled from the vacation.
Review from the vacation for production necessity
In accordance with the Labor Code of the Russian Federation, the employer has the right to withdraw an employee from the annual paid leave, if there is a production necessity. However, this can only happen on condition that the employee agrees to interrupt the vacation (Article 125 of the Labor Code of the Russian Federation). At the same time, the specific reasons why the review is possible are not regulated.
The employee’s consent to interrupt leave and go to work ahead of schedule – without him, a review is impossible. If the employee agreed, he has the right to take unused vacation days at any convenient time during the current year or attach them to his vacation in the next working year.
Under the legislation, the employer cannot force the employee to go to work before the end of the vacation if he did not give consent to the review. It is also impossible to regard his refusal as a violation of labor discipline and apply any sanctions to it.
How to make a review from vacation correctly
To withdraw an employee from vacation, you will need to draw up the following documents:
- notification of the need to recall from the head;
- written consent of the employee to the review from the vacation;
- Order on the review of the employee from vacation.
When there is a need to withdraw an employee from vacation, the first thing is to notify the employee himself and request his written consent, explaining that the remaining part of the vacation can be used later. Consent is compiled in any form and confirmed by the signature of the employee.
Then it is necessary to issue an order to recall the employee from the vacation, which can also be compiled in free form. The order indicates the reason for the review, the date of exit to work and the estimated dates of the provision of the remaining part of the vacation. After that, the employee must familiarize himself with the order and put his signature.
Further, the specialist of the personnel department or accountant needs to make appropriate changes to the vacation schedule and to the working hours accounting system.
When recalling the employee from the vacation from the date of exit to work, he is charged wages on a common basis. At the same time, the employee is not obliged to return the company part of vacation pay for unused vacation days, if he had already paid a full amount earlier. The employer can return this part of the vacation to the employee only if the employee is written.
Which employees cannot be recalled from vacation
In accordance with the Labor Code of the Russian Federation, some categories of employees cannot be withdrawn from paid leave. These include minors, pregnant women and employees who work in harmful or dangerous working conditions. At the same time, they cannot be withdrawn from vacation, even if they have no objections in this regard.
Also, it is impossible to interrupt the educational leave of workers who combine labor activities with training, and employees on parental leave.
In other cases, it should be remembered that the review of the employee from vacation is a voluntary matter. It is unacceptable to apply penalties and various disciplinary measures to influence employees if they refuse to go to work until the end of their vacation.
