In production conditions, situations may arise when it is necessary to make a recall from an employee’s vacation. This article discusses the legality of the implementation of such an event, reveals on the basis of what it can be held, as well as how it can be done through 1C.
Vacation Concept
It represents the legislative long rest of the employee. Vacation should be continuous for a certain period of time, while the employee retains the average monthly salary and place of work. In addition, this long vacation can be provided without payment.
All holidays are divided into annual main and additional. The latter provide workers who work in difficult and adverse conditions, work in certain sectors, have continuous experience in a certain economic entity, have non-standard working hours and other cases, which are stipulated in the labor or collective agreement, as well as other local regulations or regulatory framework of the state. In addition, they are provided to mothers and single fathers who have young children. Minimum annual leave is 28 days. Minors, civil servants, employees of scientific and educational institutions, judges and prosecutors, as well as deputies of the State Duma are entitled to extended periods of long rest.
At part-time work, leave should be granted simultaneously with that at the principal place of work of the employee. Moreover, in the presence of such work, the expiration of six months for going on vacation is optional. Additional long periods of rest can be provided not only by the state, but also be established by relevant agreements or collective agreements by business entities. They are subject to the same rules that are described below in relation to how to issue a review from vacation.
The legislative framework
The legal framework in the field of labor stipulates that withdrawal from leave on industrial necessity is carried out. However, in most cases, verifiers are not satisfied with this wording. Therefore, the argumentation of this process should be detailed. The Labor Code does not imply a detailed classification of the causes of the phenomenon in question. In particular, withdrawal from vacation due to industrial necessity may be made on the following grounds:
- dismissal of an employee temporarily replacing a vacationer;
- unscheduled inspection or audit, which is especially typical for accounting;
- production task, which should or can be solved only by that employee who is on legal long vacations;
- the occurrence of an accident or other emergency.
This list is not exhaustive, but the reason, whatever it may be, must necessarily be reflected in the documents.
When such an event occurs, non-scheduled vacation days are provided to the employee during the working year at a time when it will be convenient for him, or they are added to the next regular period of legal rest. In addition, in the case of granting leave more than 28 calendar days, the withdrawn may demand that monetary compensation be paid for the non-scheduled part of the leave.
Such recall may be carried out only with the consent of the employee. In case of disagreement of the employee, such a procedure cannot be performed by the management of the business entity.
This applies not only to the next vacation, but also to the annual additional leave payable, as well as leave without pay.
Threat of dismissal
Some of the economic entities equate the refusal of employees to recall them from vacation as absenteeism. However, the Armed Forces of the Russian Federation issued a Resolution stating that the refusal to interrupt legal rest does not depend on the reason that caused it, and the employee has the right not to go to work until his termination. Such behavior is not a violation of labor discipline.
Categories of employees not subject to this procedure
The employee may not be withdrawn from vacation in relation to the following:
- minors;
- working in hazardous and / or hazardous industries;
- pregnant.
If these categories of workers give their consent to withdrawal from vacation, the employer should not use it, because if this fact is discovered by the inspection organizations, the business entity or its official may be fined as one of the administrative penalties.
Start of procedure
As a rule, it starts with the fact that the head of the structural unit of the business entity submits a memo to the senior manager. In the latter, an explanation should be given of what caused the need for the employee to withdraw from vacation with a characteristic of the current production situation. The head of the enterprise can affix a positive visa on this memo in the form of “Do not mind” or “I agree” or refuse with a visa of the same name.
Employee Search
Before the employee will be recalled from vacation, he must be found in the place where he is spending his vacation. This is due to the fact that he is not obliged to stay at home, as well as inform the employer about where he is going to spend free days. Therefore, the leadership has a way out: to publish a local regulatory act, which will be recommendatory in nature. Based on this document, the personnel department will be able to collect contact information. In addition, you can conduct a survey of employees, figuring out the location of weekends, holidays and holidays.
The employer's appeal to the employee
An employee withdrawn from vacation must be informed of the difficulties encountered in the business entity. In the case of a trusting relationship between the employer and the employee, a telephone arrangement is possible. In other cases, the proposal to the employee is better to draw up in writing. This document is compiled in free form, therefore, it is possible to register a clause in which to provide for whether the employee agrees or rejects this offer. It is not legally defined whether the employer should inform his employee that he may not leave the vacation, that is, this issue has been left to the head to consider.
Order
After obtaining consent from the employee to go to work during legal rest, the manager issues an order to withdraw from vacation. It can be made in any form. After the publication of this order, changes are made to the vacation schedule, the form of which is approved by order of the State Statistics Committee.
In addition, the fact of recall should be recorded in the employee’s personal card. Data on the changes that have been made are made in Section 8, which contains information about all the holidays.
A sample order of a recall from a vacation is shown in the figure.
Consider its main provisions.
At the top is the name of the business entity, its details. Next is the “Order on withdrawal from vacation” indicating the number, the settlement is located below, where the organization or individual entrepreneur is located on the left, and the date of signing the order is indicated on the right. Below is the main text of this document, which should contain information about the full name of the employee being recalled, the date on which it is carried out. It is advisable to specify in what period additional leave will be granted to the employee, what will be its duration and from what date it will start. It should also include an accounting order to recalculate vacation pay for unused days. It is also entrusted to the personnel department to make changes to the vacation schedule on the basis of the consent given by the employee to the recall.
Recalculation of vacation pay
When recalling from vacation, the employee must receive a salary for the time that he actually worked. Therefore, vacation pay, which he received before the start of a lawful long vacation, must be counted by the employer. The overpayment is calculated by dividing the accrued vacation pay by the number of paid calendar days of such rest and multiplying by the actual one, after which the amount received is deducted from the total vacation pay. An excessively paid amount by an economic entity may be returned to the cashier by the employee, but the employer cannot force him to do so. You can set off this amount as a salary. However, it is better to stipulate this in the proposal that was made to the employee when recalling from vacation.
Using 1C in the implementation of the procedure in question
It is made in the version “Salary and personnel management” (ZUP). At the same time, correction documents are drawn up depending on the period of the reversal. When withdrawing during the vacation calculation period, such a document is drawn up for a personnel vacation order with the release date corrected in the vacation accrual document. The vacation is recalculated. The replenishment and calculation of the payroll document is carried out.
In case of closing the reversal period, the employee shall be revoked in the next period after the vacation has been calculated and accrued. Therefore, a correction document when issuing a recall from vacation in 1C is introduced both in the personnel order, which reflects the fact of leaving for a long rest, and in the calculated one. At the same time, the accrual period is indicated, which differs from the period of the main accrual of vacation.
The employee’s exit date from vacation is indicated as actual, and the amount of the past period is calculated in the vacation accrual document. In this way, a review is issued from a vacation at the ZUP.
Review Terms
They are not regulated and depend on the specific production situation. If the recall period is unknown, it should be discussed with the employee. Interruption of vacation can happen for half an hour, but should be issued for one day.
Vacationer statement
Such a situation may arise if a natural emergency is predicted at the proposed location for part of the vacation. The application should contain the following information: an explanation of the reason why the employee asks for permission to interrupt a lawful long rest, the estimated date of going to work. It should also indicate from what date the employee wants to get a vacation in return for the unused days of the current.
In addition, a statement must be made to avoid problems with inspection organizations. It should indicate that in connection with the recall from the vacation, the employee requests to provide him with additional leave in the number of days that coincides with that in the recall period, indicating the starting date. Also, in order to avoid problems with inspection organizations, it is better to ask the employee to provide information about the reasons for the interruption of leave in advance. This statement will be the basis for the issuance of the order. However, the design of this document is not necessary, it is not regulated by law and is mainly used to secure the employer. A sufficient document for a recall from a vacation is the availability of an order.
Some cases of recall from a long legal rest
The recall may be related to the employee’s trip on a business trip. In this case, the actual days of vacation are put down in the time sheet, as it should be “O”, and from the moment of withdrawal “K” is put down. Travel expenses are paid separately.
In case of withdrawal from unpaid leave, vacation recalculation due to their absence is not performed. This type of vacation is not an annual holiday, and therefore the vacation schedule is not subject to adjustment. It should be borne in mind that in other cases of recall, recalculation should be performed without fail. Its failure to implement leads to a violation of the material rights of the employee, as well as labor law.
Adjustment of taxes and insurance payments
You can not count the amount of those vacation pay that the employee received before the holiday on account of future days of rest. In this regard, paid vacation pay is not withheld, but is transferred to a future salary, while personal income tax is not returned. The tax amount will be recalculated at the next payroll calculation.
Insurance payments are adjusted in two ways:
- upon interruption of rest at the beginning of the month, the latter shall be subject to change at the end of this period;
- if the employee began to carry out his labor activity after a month, when vacation pay was accrued, then the overpayment should be adjusted in the next payments.
Types of Vacation Affected
The Labor Code does not specify this issue. But the majority of lawyers believe that those provisions that relate to the employee’s recall of leave relate to annual basic leave, which is paid. This follows from the practice, the title of the article, in which the text relating to the procedure in question is given, where there is no mention of the species, although it is present in the title. In addition to the fact that we are talking about annual leave, the location of this norm in the Customs Union indicates.
Recall from study leave is not possible, since it is not annual, but targeted. The time of this break in work is not established by the employer, but by the educational institution in which the employee of the business entity is trained. Therefore, the interruption of the type of vacation considered will violate the rights of the employee.
In the case of interruption of vacation without salary, in the order it is better not to allow the wording “in connection with the withdrawal from vacation”, but we need to talk about early termination of rest from work.
Finally
In any business entity, a situation may arise in which the recall of an employee who is on a long legal vacation is necessary. At the same time, the employer’s first priority should be to offer the employee a recall from vacation. It can be carried out both in writing and in oral form. The employer must take further action after receiving a positive response from the employee. In some cases, the top manager may require the employee to write a statement of withdrawal, on the basis of which an order is drawn up. The last document for auditing organizations is enough. After the order is issued, the personnel department makes adjustments to the vacation schedule, and the accounting department must recalculate the vacation pay. At the same time, the date on which leave will be granted on days that have not actually been given is determined by the employee; she must also appear in the order.