Consent to recall from vacation. Sample filling and form 2021

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 should not be interrupted by their employer?

Not all employees can be asked to leave their vacation early. Those who cannot be recalled from vacation include the following categories of working citizens:

workers under 18 years of age;
pregnant employees;
workers in hazardous and hazardous industries.

If such employees have written consent and returned from vacation, the employer may be fined under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation. A fine of 2,000-5,000 rubles may be imposed on an official, 2,000-5,000 rubles on an individual entrepreneur, and 50,000-80,000 rubles on a legal entity.

Important! Employees can only be called back from annual leave. Not allowed: from educational leave, maternity leave, maternity leave.

If an employee does not agree to leave his vacation early, the employer does not have the right to apply disciplinary sanctions against him. Interrupting your annual rest is a right, not an obligation, of an employee. The employee will be able to go to court, appeal his punishment and, as a result, receive compensation for moral damages and legal expenses.

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.

Recall from vacation at the initiative of the employee

Early termination of leave at the initiative of the employee (the so-called recall from leave at the initiative of the employee) is not provided for by labor legislation, although it is not directly prohibited.
If an employee changes his mind for certain reasons about going on vacation (see the article Reasons for postponing vacation at the initiative of the employee), provided for by the vacation schedule, he will be able to draw up and send an application for rescheduling vacation to the employer (see articles How to write an application for rescheduling vacation - sample, Application for transfer of vacation according to the schedule - sample), in connection with which the employer will need to make appropriate adjustments to the vacation schedule (see our article How to make changes to the vacation schedule?).

To transfer vacation (Article 124 of the Labor Code of the Russian Federation):

The employer's consent is not required, however, the timing of the transfer is determined by him taking into account the wishes of the employee if the vacation is postponed for one of the reasons:
performance by an employee of state duties during vacation in cases specified by law;
in other situations regulated by law.
The employer's consent is not required, and the transfer period is determined by the employee if:
the employee was notified of the start of the vacation later than 2 weeks before it began.
The employer's consent is required if the leave is postponed for personal reasons of the employee.

A sample application for the transfer of leave at the initiative of the employee is presented here: Application for the transfer of leave - sample.

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.

Legal points

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, an employee’s vacation can be terminated only with his consent, but the enterprise must set out the real and objective basis for the call independently, with the obligatory designation in the director’s order.

If a citizen cannot go to work before his vacation ends, then the organization does not have the right to force him. Upon reaching a general agreement, the unused part of the vacation is transferred:

By joining future leave for the next calendar year.
By using it at any time convenient for a colleague in the current period.

Important! It happens that an enterprise equates an employee’s disagreement with leaving a vacation prematurely to a disciplinary violation, which can lead to dismissal or a monetary penalty. However, paragraph 37 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 establishes the opposite. The employee has every right not to interrupt his legal annual leave and not to carry out the orders of his boss without negative consequences for himself.

Providing vacations to UIS employees

In accordance with clause 15.16 of Instruction No. 76, personnel departments of penal institutions and bodies are required to regularly monitor the timely and correct provision of regular annual leave to employees throughout the year. An employee of the personnel department is obliged to immediately report to his immediate superior about all identified shortcomings in this area of work with personnel.

Vacation planning

In the Methodological Recommendations, the personnel department of the Federal Penitentiary Service draws attention to the fact that additional leave for length of service is not counted towards the regular annual leave. If an employee used regular annual leave in a calendar year, and subsequently became entitled to additional annual paid leave for length of service, at the employee’s request, it can be provided in compliance with the requirements of clause 15.9 of Instruction No. 76.

If an employee violates a contract, the command terminates relations with him . The basis for termination of an existing contract is often a systematic (more than two) reprimand. If the terms of the contract are violated by senior management, the employee sets out claims and options for resolving the dispute. Only after their consideration can he submit a report.

Any FSIN employee has the right to resign at his own request. To do this, it is enough to submit a report in free form addressed to the boss. It must contain references to the legislation of the Russian Federation and the reasons for termination of further service. There are several reasons for writing a report on dismissal from the Federal Penitentiary Service, but they all must have fairly compelling reasons.

One-time cash payment

Before retiring, they write a report to pass the IVC. Dismissal will occur in accordance with the results of the commission. Employees are also sent to VVK to renew their contracts. You can refuse to undergo a commission during the period of dismissal. The report should indicate the reason for the refusal. As a rule, they limit themselves to the following wording: I refuse to undergo VVC, since I consider myself completely healthy. Passing the IVC when leaving the FSIN for retirement cannot be ignored .

Situations often occur in which the need to suspend an employee’s vacation is the only way to maintain the functioning of the company. To recall an employee from another vacation, you need to draw up several documents. First on the list is a memo regarding recall from vacation. It indicates the production necessity of temporarily canceling an employee’s rest.

We recommend reading: Accounting for Cash Gifts to Employees in a Budgetary Institution in 2021

In what cases is it allowed?

The possibility of recalling a subordinate from vacation is established by Art. 125 Labor Code of the Russian Federation. For these actions to be legal, several conditions must be met:

Having a good reason

Since the Labor Code of the Russian Federation does not indicate which reason is valid, inaccuracies often arise in this matter. Most managers or HR employees, when filing a review, indicate production necessity as the reason. However, this concept is too broad , so it is recommended to use a more precise and specific formulation.

Examples of good reasons for recalling from vacation may include the following events:

preventing downtime;
resolving urgent or urgent organizational issues;
preventing a serious accident or eliminating its consequences;
preventing damage to company property or third parties, as well as possible injuries or accidents.

Availability of employee consent

An employee’s return to work is possible only with his consent to this, confirmed in writing.

Providing unused portion of vacation in the future

At the employee's discretion, he can receive those vacation days that he spent at work at any time of his choice.

To whom and when should I submit the application?

An application to cancel vacation should be submitted to the management of the organization for consideration. The employer will make a decision and send the document for further work.

An application should be submitted to the management of the company as soon as circumstances arise that require postponing the vacation period or there is no longer a need for time off at your own expense. The sooner management is notified, the better.

Thus, the need to give up vacation may arise for various reasons (working circumstances, illness during the vacation period, family problems). To transfer annual paid vacation days or refuse unpaid vacation, you should write and submit an application to the management of the enterprise for consideration. It is important to draw up a document correctly, adhering to the structure and a number of rules.

Ways to solve the problem

Payment adjustments can be made in the following ways:

The employee independently returns the overpaid amount (to the organization’s current account or through the cash register).
Vacation pay is not deducted from wages, there is no recalculation of the amount, but in this case, those days of vacation that the employee takes off later are not paid.
With the consent of the employee, part of the vacation funds may be withheld from the salary.

There is another option to get out of this situation when an employee is called back from vacation for one or 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 objections to this.