If an employee returns to work during his vacation

The vacation period is a time of rest. But there are situations when the employee continues to perform his duties further.

The justification for such labor diligence becomes a material basis, when the employee is paid for his work actually performed during non-working hours. This may cause some complaints from the labor inspectorate, as it indicates a violation of human rights to rest.

Therefore, the employer must know how to properly formalize such engagement in order to comply with legal regulations and complete the required amount of work.

Is it legal to work while on vacation?

Neither the employer nor the working citizen himself can arbitrarily set the limits of working hours and rest hours. Establishing the required ratio is the responsibility of government agencies, which carefully check the balance of work and rest and regulate it by law. On the territory of the Russian Federation, there are established rules for the ratio of the number of working hours and rest, which make it possible to maintain a high level of working capacity throughout the entire working period. The provided ratios establish the maximum number of working hours per week, and also regulate the amount of compulsory leave.

The Labor Code in Chapter 19 states that every working person must be provided with regular annual leave of at least 28 days. For some workers, additional vacation days are assigned based on assessment of working conditions. In addition, the employer himself, in his local documentation, can set rest times in excess of the required ones.

Everything that is prescribed in the Labor Code of the Russian Federation and the organization’s legal regulations must be strictly observed. Thus, every year the employer must provide each of its employees with the vacation days they are entitled to. In rare cases, if it is impossible to select days this year, it can be transferred to the next calendar period. The transfer must be justified and can take place no more than once every two years.

Compensation for the required vacation period is allowed only if:

1. Vacation has been increased by the employer. Anything over 28 minimum days may be eligible for cash benefits.
2. We are not talking about additional leaves, which are assigned due to special working conditions.

Since providing rest is the responsibility of the employer, and compensation for the required minimum is prohibited, the logical conclusion suggests itself that it is impossible to combine vacation with work.

Recalculation of vacation pay

Vacation payments, like regular wages, are subject to taxation. In addition, deductions are also sent from these payments to various funds.

According to the Labor Code of the Russian Federation, all accruals must be issued to the employee 3 days before the start of his legal rest. When a sudden recall from vacation occurs, vacation payments must be recalculated.

It is important to remember that recalculated funds can only be deducted from future wages in equal parts. Forbidden:

• demand the employee to return the money;
• withhold the entire amount from wages for the period worked.

It is also impossible not to recalculate vacation pay and take this amount into account towards future wages. This is prohibited because:

• The employer cannot know exactly the period when the employee will decide to use the rest of the vacation.
• For the remaining vacation days, a new order must be issued. According to this order, the accounting employee must make new accruals.

Work under a civil contract

When working in an organization under an open-ended employment contract, both the employee and the employer must adhere to legal norms and comply with them strictly. On the other hand, no one forbids a person to work in another place in his free time, formalizing his relationship under a civil law contract. An employee, having gone on vacation, can safely enter into an agreement with any employer to perform a certain amount of work.

When concluding a civil law contract, some nuances should be taken into account. In particular, the vacation period is limited, which means that the citizen will be able to fulfill his duties within a strictly established period, and also that the conditions of such cooperation must be strictly verified.

Basic conditions

Civil contracts are concluded with hired persons mainly for contract work or for the provision of some services. The terms of concluded agreements of this order are prescribed in accordance with the Civil Code of the Russian Federation. They are divided into basic and additional.

The main ones must be spelled out without fail, but additional ones are at the discretion of the parties to cooperation. In addition, this type of relationship presupposes a somewhat more free interpretation of the conditions, therefore, in addition to the two indicated categories, other clauses may be included in the agreement that are not provided for by law, but are important for the customer and the contractor. The main thing is that they do not conflict with existing laws.

The basic conditions, which cannot be avoided when concluding an agreement, must contain the following information:

1. The subject of the contract is what the contractor is obliged to perform and the customer to pay.
2. Responsibilities of both parties.
3. Deadlines for completing the work.
4. The cost of the final result.
5. Conditions for acceptance of completed volumes.

In addition, it additionally states what is considered a marriage and under what conditions the parties can terminate the agreement.

Contract term

The term of the agreement is one of the fundamental ones in civil law relations. Unlike employment contracts, they cannot be of unlimited duration; they must have a clear duration and final acceptance dates written down on paper. The deadline for completing a particular work or providing services is not just the starting point for payment, but if it is not met, it may become a reason for a complete refusal of monetary reward.

The terms of agreements can be:

1. Absolute, that is, expressed by a specific date.
2. Relatively specific, that is, focus on the end result, without reference to the calendar.
3. Uncertain, that is, do not have any specification regarding the completion of work, but are simply expressed in a certain number of months.

The starting point for cooperation is the date of bilateral signing of the document by the customer and the contractor.

Can a part-time worker work while on vacation from their main job?

Work on vacation at the main place of work cannot be done due to the fact that such an approach is considered a violation of labor legislation.

It would seem that the law does not prohibit registering a vacationer for the duration of a vacation under a civil contract, but it should be taken into account that the very fact of concluding such an agreement has some peculiarities.

Civil legal relations can be concluded to perform specific tasks that are measurable in scope or time frame. This means that the employer cannot hire a vacationer to his own permanent position under such an agreement. After all, a permanent place of work implies the execution of an open-ended employment contract, and the establishment of another type of legal relationship will be considered a direct infringement of the rights of workers. Consequently, it is impossible to register a vacationer at his own workplace with the performance of his usual work functions. But no one forbids hiring him to perform other work, which will be clearly regulated in time and/or volume.

Possible reasons

It is worth noting that the Labor Code of the Russian Federation provides for an official call of an employee from annual leave. As a rule, under such circumstances, personnel officers call the reason a sudden production need, but this is not entirely correct.

There is a certain list according to which you can actually call an employee to work during rest:

• an inspection that was not previously planned;
• accident and other emergency situations;
• dismissal of a person who was officially appointed to replace him;
• a specific task that can only be solved by an employee who is on vacation.

Of course, this list is far from complete. There are actually many more reasons why it is necessary to recall from leave due to operational necessity. However, in any situation it is important to describe the problem accurately and in detail. If this is not done, then during the next personnel check the supervisory authority may have serious doubts about the legality of the actions of the organization’s management.

Working on maternity leave

Unlike regular leave, it is not forbidden to work during maternity leave. At the same time, a maternity leaver can work both at her main place of work and part-time. The only essential condition for such work is the establishment of a part-time working day. This procedure allows you to retain the right to receive benefits for caring for a child up to 1.5 years old.

A woman on maternity leave has the right to vary her employment and choose her employer and terms of employment. So most often, women on maternity leave are involved in:

1. Home work.
2. Remote work.
3. Part-time work schedule.

The employee can interrupt her work activity at any time and continue her legal maternity leave. Until the baby turns three years old, she has the right to go to work or return to full rest.

What to do if you are forced to work on vacation

It is unlawful to force an employee to work while on vacation. Employees must know their rights and protect them. Legislation does not make it possible to simultaneously pay vacation pay and calculate compensation for work performed, which means that the employee will perform his work duties for free.

The employer has no right to force an employee to work during his legal vacation period, but if this happens, the employee himself has the right to apply for protection of rights to the Labor Inspectorate or court.

Unauthorized absence from work during a formal vacation also cannot be counted as absenteeism, so it makes sense to simply not comply with the unlawful demands of the employer.

How to obtain consent

Notification

The consent of employees or their refusal to come to work must be documented. To do this, representatives of the head of the business entity authorized for such actions must draw up a letter and send it with a registered option to the place of residence or temporary location of the vacationer. As an alternative, the document can be delivered in person after the employee is called to the HR department.

The notification is drawn up in free form. Some specialists draw it up on company letterhead. The document must be registered in a special journal as outgoing. In the text part of the notice, the employer must display not only the reason for the withdrawal and his request to begin fulfilling labor obligations, but also provide guarantees in the form of bonuses and compensation for expenses.

After reading the notice, the employee can express his consent to the director’s request by placing the appropriate mark on the document along with his own signature, initials and the date of the event. He may also reflect his request to postpone the rest time to a specific date. If a person does not agree with the opinion of his superiors, then it is enough for him to write on the notice that he does not agree. The signature and date identify the event.