Our life does not stand still, and sometimes unforeseen emergencies occur during the course of work. If at this point in time you are on a well-deserved vacation, then you should know that the employer has every right to withdraw you from vacation. This situation is called production necessity. The 2017 Labor Code of the Russian Federation enshrines this right in article 722.
What does article 722 say?
According to the article, the employer has the right to transfer his employees for up to one month to work that is not specified in the labor contracts concluded between them. The consent of the workers is also not necessary. Written consent is required if the employee is transferred to a job of lower qualification than he has. Translation in case of production need occurs in the following cases:
1. Disasters caused by natural or man-made causes.
2. Fires.
3. Earthquakes.
4. Hunger.
5. The epidemic.
In a word, in all those situations that endanger the health and life of the population.
During these cases, all the forces of the workers will be directed at eliminating the causes of negative influences. Workers will have to eliminate the causes of production downtime or replace other workers whose absence is caused by the above factors.
It should be noted that when changing the schedule due to production needs, the consent of the employee to this is not required. Of course, if this change is associated with the occurrence of emergency situations.
What types of production need can be distinguished?
Very often, the words “production necessity” are used by employers in all cases in which they want to see the worker at work during his vacation or after work hours. Nevertheless, the legislation of the Russian Federation establishes the following grounds for this concept:
1. Disasters and emergencies of a civil and military nature.
2. Technogenic and natural disasters.
3. Unexpected production downtime (causes can be varied).
4. Replacement of an employee whose absence occurred due to an emergency.
5. Restoring damaged property owned by the organization.
In case of replacement of an absent employee, transfer is possible not only for a period of up to one month, but for the entire period of his absence.
In what cases can employers not call subordinates from vacation?
It is impossible to force an employee to go to work according to the production necessity fixed (as amended in 2017) by the Labor Code of the Russian Federation, if the fulfillment of new duties is impossible due to the health of the subordinate. It is also impossible to attract workers for new work for a period of more than one month during one calendar year. You can be called up from vacation more than once, but only if the month period during these calls has not expired.
By the decision of the Russian Supreme Court No. 2 dated March 17, 2004, it was established that the employee’s written refusal to leave the leave would not constitute a disciplinary offense, and the employee has no right to punish this management.
Overtime work. What does the Labor Code say about her?
Art. 99 of the Labor Code of the Russian Federation, it is stipulated that the employer may take the initiative to leave the worker at work in excess of the length of his working time, if it is necessary to finish the work already begun. Moreover, this should not be just working moments, but if, as a result of an unfinished work process, conditions can arise that lead to damage and loss of production property, as well as conditions that can lead to loss of human life or health.
As art. 99 of the Labor Code of the Russian Federation, with the consent of the employee drawn up in writing, the manager may leave him overtime if:
- It is necessary to carry out temporary repairs of the organization’s equipment. Moreover, if its malfunctions lead to the deprivation of the working conditions of a large number of workers.
- There is a need to replace a shift worker who has not appeared at work, especially if interruptions in work are unacceptable.
- Without consent, workers are involved in work for the following reasons:
- to carry out work aimed at eliminating the causes of accidents, disasters and other consequences of emergencies;
- during the introduction of mobilization;
- to eliminate the effects of natural disasters caused by natural and man-made impacts.
Each worker may be involved in overtime work no more than four hours a day and 120 hours a year. The employer is obliged to follow these standards.
Who is forbidden to engage in overtime work?
The legislation of the Russian Federation assigned such privileges to the following citizens:
- Pregnant
- Citizens of Russia under the age of majority (18 years).
With written consent, people with disabilities, women with dependent children under three years of age may be involved, of course, if they have no contraindications for health reasons. In addition, these persons may at any time refuse to perform these duties.
Vacation Recall Procedure
Recalling from the next vacation due to industrial necessity is not an easy procedure. Sometimes a single word “production necessity” is not enough in the order, the inspecting organizations may have questions about this.
In addition, one order is not enough. The most difficult thing will be to find a worker on vacation. Often people prefer to spend holidays with relatives or parents living in other cities and towns, and some like to “soak up” in warm countries outside their own country. At the same time, no one is obliged to notify the authorities about their plans, this is not fixed by the legislation on labor relations. But it is possible that these provisions will be fixed by the employer by the internal acts of the organization. At the same time, these orders and instructions are advisory in nature, and personnel officers may ask for information about the whereabouts of employees on vacation for their information.
Before calling the vacationer, a service note is written, and after informing the worker about his early return to the workplace, it is necessary to wait for his written consent to this. And after that, the head has the right to issue an order indicating the reasons for the call. Types of production need without the consent of the employee are enshrined in article 722.
What is a memo?
The note describes all the moments of an unforeseen situation and indicates the reasons for calling the employee to work. The text of the note is drawn up in any form. A sample can be like this:
In connection with the changes that have occurred in the established work of the labor collective (the illness of the excavator driver Ivanov Vladimir Ivanovich), I propose to call citizen Petrov Nikolai Anatolyevich from the next paid vacation to prevent the production process from stopping for the period until the full recovery of citizen Ivanov V.I.
The note is drawn up by the head of the brigade or section where the vacationer works. He passes it on to the resolution to the direct production manager. He, in turn, may refuse, agree or make his changes to the text of the note, for example, to call another citizen out of vacation, if any.
Call vacationer notification
It is possible to inform the employee about the difficulties that have arisen by calling him, but it is best to place a call with an official letter, where they indicate in detail the reason for the production necessity enshrined in the Labor Code of the Russian Federation. In 2017, there were no changes in this regard. In order to avoid further conflicts, the citizen should clarify his rights regarding the rejection of the offer.
How to recall a worker from vacation?
In order to avoid further problems with labor inspection organizations, the following information should be reflected in the order:
- Justification of production need.
- If the employee plans to go to work after the recall, then this date must be indicated, if he is going to rest further, then indicate the duration of the recall.
- In case of unfinished leave, the method of using the remaining days is indicated.
- Recalculation of vacation and wages.
Revocation from vacation due to work processes
Sometimes an employee is needed to sign important documents or gather certain information. Such moments are not fixed by law. Therefore, these cases are negotiated between the employer and the worker on a contractual basis.
How to manage your remaining vacation days?
You can spend the remaining days in several ways:
- Transfer of leave due to production needs. Use your free days next year or spend them during this calendar year.
- Take statutory monetary compensation.
How is vacation pay calculated when a worker returns to work?
These problems will fall on accountants. Indeed, the calculation of vacation pay and payroll are made in different ways. These are different ways of accrual, reporting and tax accounting.
Sometimes for a spoiled vacation the employee is paid a one-time monetary incentive, which, although not much, warms his soul.
A few words in conclusion
I always want the relationship in the work team and with the bosses to be on top. Harmony and mutual understanding bring a good contribution to the common cause. Nevertheless, the use of Russian law is necessary. The fixed concept (both earlier and with amendments of 2017) by the Labor Code of the Russian Federation “production necessity” will always help the manager to use this right to solve urgent work problems, and his subordinate to know his rights during a well-deserved rest.