Situations when an employer may urgently need an employee on vacation are not that rare. In this case, the employer is forced to issue a recall (call) of the employee from vacation. Next, we’ll talk about in what cases you can call back from vacation, and in what cases you can’t, and how to recall from vacation. Also in this article you will find a sample order to recall an employee from vacation.
Also see:
- Transfer/cancellation of leave at the employee’s initiative and registration of this
- What you need to know about a vacation order
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:
- Prepare a memo from the head of the department where the emergency situation occurred and describe it.
- Justify the need to interrupt the next rest of a particular employee. The form of this document is not regulated in any way.
- 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.
Who cannot be recalled from vacation?
Whatever happens at the enterprise, the employer must remember that some employees will not be able to help him correct the situation. Even if they have a burning desire, recall from vacation on the initiative of an employee from this list is simply impossible:
- Pregnant women.
- Minors.
- Professionals working in conditions that are harmful to health or life-threatening.
Conventionally, this list can also include those who did not meet the employer halfway and did not agree to go to work, ruining their vacation plans.
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.
For what reasons can an employee be recalled from vacation?
Labor legislation does not even provide an approximate reason for recalling an employee from vacation. Since, when deciding on a pause in rest, the parties will be the employee and the manager, then assessing the validity of the reason also falls within their competence. For some employees, a simple request from the boss will be enough, but for others, even a message about tragic events will not get through.
Among the most common reasons, there are several main ones:
- illness of a specialist who was supposed to replace the vacationer during the vacation;
- industrial accident;
- consequences of the disaster;
- taking measures to prevent undesirable consequences of any of the listed events.
Sometimes the reasons can be so specific that it will simply be inconvenient to present them in documents. Then in the order you can write the common wording “recall of the employee from leave due to production needs”, and talk frankly with the employee himself. The main thing is that he declares his consent in writing.
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.
Recalling an employee from vacation: general procedure
The Labor Code provides for a general procedure for recalling an employee from vacation. If an employee is on vacation and you need his presence at the workplace, then the first thing you will need is his consent. This is provided for by the Labor Code; you do not have the right to force an employee to interrupt his vacation and go to work.
If you try to do this, then the employee has every reason to file a claim in court for violation of labor laws. Therefore, when recalling an employee, it is important to adhere to the letter of the law. To avoid claims from regulatory authorities, we suggest that you act according to the following algorithm:
- Contact the employee and find out if he or she can return to work. You can do this by calling the employee by phone or using email. Check the location of the “vacationer” in advance - if he is abroad, he is unlikely to be able to go to work. When talking with an employee, describe the objective need for his presence at work - the more convincing the reason for the review sounds, the higher the likelihood that the employee will meet you halfway.
- If the employee agreed to interrupt the vacation, document his consent. Confirmation of consent may be a statement signed by the employee. The text of the document must also reflect information about unused vacation days, namely, the period of a new vacation or a request for compensation.
- Issue an order for the enterprise, according to which the employee’s vacation is interrupted and he begins to perform his job duties.
- Make changes to your time sheet. From the moment the employee returns from vacation, indicate “I” on the timesheet. Changes must also be made to the vacation schedule.
- Recalculate your vacation pay. Agree with the employee on the return of vacation pay for unused days. Pay the employee in the general manner based on the regular salary for the period from the date of return to work.
However, please note: the law provides for categories of persons who are prohibited from being recalled from vacation. If you have on staff:
- workers under 18 years of age;
- pregnant women;
- employees whose working conditions are recognized as harmful and/or dangerous, then you do not have the right to recall such employees from vacation. Otherwise, you will violate the Labor Code (Part 3 of Article 125).
Grounds for calling an employee back to work from annual paid leave
The Labor Code does not even define an approximate range of grounds on which an employee’s legal rest may be interrupted. Since the agreement is concluded between two parties (employer and employee), they will have to determine how valid a particular reason for a pause in rest will be.
It all depends on the relationships in the team. Sometimes it is enough for the boss to simply ask the employee to interrupt his vacation, and in some cases, even a major accident will not force the employee to come to work.
The most common reasons are the following:
- temporary incapacity for work of a specialist who replaces a vacationer;
- industrial accident;
- eliminating the consequences of a natural disaster;
- prevention of man-made disaster.
The vacation of specialists holding certain positions may be interrupted for reasons determined by the specifics of the profession. For example, financially responsible persons may be recalled to conduct an inventory, system administrators - in case of failures in the company’s computer network, chief accountants - in case of tax audits, etc.
In those moments when indicating a specific reason for interrupting a vacation seems impossible or undesirable, a standard template is used: “recall of an employee from vacation due to production needs.” Such wording is acceptable with the written consent of the employee.
The basis may be a statement from the employee himself if he wishes to prematurely interrupt his vacation and begin to perform his official duties. In this case, withdrawal is possible only with the consent of the employer.
Sample consent to recall from vacation
If recalled from leave, written consent to return will be required (subject to the employee's consent). Consent is drawn up in any form according to the regulations established by the company:
“I, Full Name, agree to interrupt my leave due to the call and return to work from (date). I ask you to provide the unused part of the vacation in the number (number) of calendar days from (date) in accordance with the Labor Code of the Russian Federation, on the basis of Article 125.”
The name of the company and the name of the manager to whom the employee is addressing the memo must be written down. The date, signature and its decoding are put.
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.
The application is submitted to the organization. If the employee agrees, a recall order is issued.
Download an application for consent to early recall from annual leave – sample.
Changes in the calculation of wages and vacation pay upon recall
Returning from vacation ahead of time adds work to the accountant, since recall from vacation without recalculating vacation pay is illegal. After all, the calculation scheme for vacation pay differs from salary calculation. When generating accounting and statistical reporting, these types of payments fall into different sections. The codes for reporting in tax returns are also different.
By endorsing the order for recall from vacation, a sample of which you will find in this article, the director can (for incentives) order the accrual of a one-time cash bonus to the employee. Such a payment will make it possible to compensate for the possible gap between vacation pay and accrued wages that appeared during recalculation.
What does the Labor Code say?
Chapter 19 of the Labor Code of the Russian Federation is devoted to the issues of annual paid rest for employees.
According to its provisions, in some cases, premature recall from vacation may be issued (Labor Code of the Russian Federation, Article 125). In accordance with this article, an employee’s early return to the workplace is possible only with his consent. If he refuses to begin performing his job duties ahead of time, then it will not be possible to forcibly recall him.
If the employee agrees to interrupt his vacation, the remaining balance can be compensated in two ways:
- provided during the current year (at the time indicated by the employee);
- added to next year's vacation.
