An employee of any company or organization after a certain time is granted a paid annual vacation. It happens that employers need to call a colleague out of vacation, or the employee himself has force majeure circumstances that do not allow him to enjoy his vacation calmly. And then the question arises about how to write an employee a statement of withdrawal from vacation. Sample will be provided by HR.
Legal issues
The right to recall an employee from vacation is provided for by the Labor Code of the Russian Federation, article 125. At the same time, the employee can stop resting only with his consent, but the enterprise must set forth the real and objective basis for the call on its own, with the obligatory designation in the director’s order.
If a citizen cannot get to work before his vacation ends, then the organization has no right to force him. Upon reaching a general agreement, the unused part of the rest is transferred:
- By joining a future vacation for the next calendar year.
- By using at any time convenient for a colleague in the current period.
Important! It happens that an enterprise disagreeing an employee to leave leave prematurely equates to a disciplinary offense, which can lead to dismissal or a fine. However, clause 37 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 establishes the opposite. The employee has the full right not to interrupt the legal annual leave and not to fulfill the command of the boss without negative consequences for himself.
Who can not be withdrawn from vacation
Almost all categories of citizens are subject to recall, except:
- workers under the age of eighteen;
- pregnant women;
- people who work in dangerous and harmful enterprises.
Need to know! The presence of a written statement from an employee belonging to one of the above categories protects him from unlawful actions by the organization.
Reasons for recall
To create an order to call an employee to the workplace, company managers must have good reasons. Typically, in ordinary life, the following reasons apply for writing such an order:
- emergency circumstances at work;
- emergency situation at the enterprise and the need for the vacationer to participate in eliminating the result of the accident;
- termination of labor relations between the employee and the employer, unscheduled trip of the employee by order of the head;
- verification of higher authorities;
- conducting a check for the presence of property of the enterprise, in which the employee must be present;
- the vacationer’s desire to continue work ahead of schedule and interrupt the rest.
The list is approximate and incomplete; if necessary, other reasons can be applied to create an order. The main thing is that at least some justification should be indicated in the memo and the order.
How to get a review from vacation?
For the correct execution of the review, you need to have not only the oral consent of the employee, but also written. The following documents are required:
- service letter ;
- consent from the employee;
- order for employee recall.
A memo is provided to the head of the organization from the head of the department in which the employee is registered. It contains the following information - the reason for the call, the initials of the employee, the director’s visa, the start date of the work.
The order is formed in free form with the initials of the recalled employee, it indicates the reason and date of withdrawal, as well as the period when the employee can “dog” the legal leave. The order is certified by signatures.
Additionally, information is entered into the employee’s card, time sheet and working time. New information is recorded in the vacation schedule, which indicates the revocation date and order number, as well as how many days of unused vacation are left.
How to inform an employee about the need for an unexpected exit to work (from vacation)
Administrative liability has been established for calling an employee who is on regular leave to work without his consent (article 5.27 of the Code of Administrative Offenses of the Russian Federation).
In order to correctly recall an employee from vacation, it is necessary to notify him of the need to enter the enterprise in order to write an application for recall from vacation (according to the model). Verbal consent from the employee will be few, it must be recorded in writing. There are two ways to invite a vacationer to the personnel department:
- orally (by calling);
- in writing (email, Viber).
It must be remembered that the appearance of an employee in an enterprise during a vacation is his right, not his duty. The employee has the right to neglect the notification of the boss, which should not entail negative consequences.
Application for recall from vacation, sample and design features
If the head of the company decides to independently cancel the employee’s vacation, then the citizen has the right to write a claim to the labor inspection. In most cases, the relevant authorities act on the side of the employee and bring to administrative responsibility the company that violated labor laws.
To encourage a colleague to go to work ahead of schedule, the employer can apply a cash reward. For example, offer the employee the following incentive payments:
- increase wages;
- pay the cost of the road;
- fully compensate for the ticket;
- write out a bonus.
You can not threaten an employee with dismissal, loss of bonus or demotion. These methods will not only not work, but also spoil the relationship with a colleague.
How to recalculate correctly
If the employee is called to work prematurely, a problem arises regarding payments that were made before the leave.
Important! As a rule, if an employee who has been recalled from vacation ahead of time has been paid the full vacation allowance, he is obliged to return the difference to the organization. At some enterprises, excessively paid vacation money is deducted from the employee's salary.
Ways to solve the problem
Payment adjustments can be made in the following ways:
- The employee independently returns the excessively paid amount (to the account of the organization or through the cash desk).
- Holidays are not calculated from the salary, there is no recalculation of the amount, but in that case those days of the vacation that the employee does later on are not paid.
- With the consent of the employee, part of the vacation funds from the salary may be deducted.
There is another way out of this situation, when an employee is called from vacation for one to two days, and he can use unused vacation days in the current month.
Important! Withholding money from wages is possible only if the employee has no objection to this.
Order preparation
The director of the enterprise is informed (in the form of a memo) about the need to call an employee from vacation ahead of schedule. If he has no questions, then puts a mark “I approve”. And if he does not see the need to call the employee from vacation, then he puts the visa “Refuse”. Upon receipt of a positive response, an order is formed.
It is necessary to obtain both verbal and written agreement from the vacationer. In order to write to the employee (according to the model) an application for withdrawal of leave, he needs to come to the office. If this is not possible, then verbal consent will be sufficient at this stage. The order is signed by the director of the enterprise. Then the document is sent to the personnel department and to the accounting department to make changes to the employee report card.
Upon exit from vacation, the employee, on receipt, gets acquainted with the order. If necessary, the employee can get a certified copy of the document.
How about in other states? Sample application in Belarus
Feedback from vacation, as a rule, is issued on the day the employee is called to the workplace. According to article 174 of the Labor Code of the Republic of Belarus, the next annual vacation can be interrupted at the initiative of the employer or the employee himself. The approval of the recall order is as follows:
- A memorandum is being prepared (this document indicates the reason and date of the employee’s release).
- The head of the company puts a statement on the execution order on the application.
- An order is issued.
In the Republic of Belarus, an employee is required to give his consent to a recall from vacation. A sample application is not provided, so the vacationer can agree both orally and in writing. For the payment of monetary compensation in connection with the withdrawal from vacation, the mandatory completion of a full working year is not required.
How to issue an employee call in the Republic of Kazakhstan? According to article 109 of the Labor Code, the chief must provide a sample application (in the Republic of Kazakhstan) for withdrawal from vacation. The employee, writing it, confirms a voluntary exit to production. Refunds for “non-scheduled” holidays are not made. Refusal of an employee is not considered a violation of the labor order.