Withdraw from leave on business

The Labor Code provides for the recall of the employee's leave and details the employer's actions in this regard. But here are the reasons why it is possible to interrupt the leave, remain unclear for some specialists.

Sometimes the manager himself determines when and for what reasons the employee's vacation can be interrupted. On the one hand, he is relieved of the need to prove and justify the organizational or production importance of the circumstances. But, at the same time, the abuse of the employer by the opportunities provided by the law does not contribute to the full rest of employees, which ultimately may affect production performance. That is why it is necessary to objectively evaluate the reasons and need for exit of vacationers to work.

The withdrawal from the leave on the basis of production need to be applied in the event of the prevention of emergencies and the elimination of their consequences, to prevent production downtime, to avoid damage, to address urgent organizational issues and other urgent circumstances. Meanwhile, there is a vicious practice of early termination of leave in case, for example, the arrival of control and supervisory bodies. Such actions of leaders make one wonder why the absence of several subordinates on the spot can influence the efficiency of the organization as a whole.

But, nevertheless, if the head has made a decision to withdraw from the employee's vacation, the staff will have to comply with all the necessary formalities. The first and necessary condition for the termination of leave is the consent of the employee himself. Moreover, the main problem is that verbal assurances are not enough. It is necessary to secure the written consent. How the organization will issue such a document does not matter. Will this statement of the employee that he is ready to give up his legitimate rest because of production necessity, will the employee show a memo of his immediate supervisor with a description of the reasons for the recall and will be asked to sign directly on it, or he will be sent a notice with a proposal to interrupt rest - The legislator is not specified. But, in any case, written consent must be received earlier than an order is issued to withdraw from leave or day to day.

The order itself must contain information about the reason for the recall from the leave, the procedure for using its remaining part (the procedure for transferring the leave). With him, the employee gets acquainted with the painting.

It should be noted that in no case can you make a withdrawal from a vacation, if a person has not given his written consent. Also persons who have not reached the age of 18, working in hazardous or dangerous production and pregnant women, are not subject to recall.

Many are interested in the question - is it possible to somehow work on the employee, if he did not consent to the withdrawal from the leave. The legislator did not provide for a legal basis for applying disciplinary sanctions. Moreover, since the time of the CZoTa, the Supreme Court of the Russian Federation has defined its position as follows: if the law does not directly assign to the employer the right to interrupt the rest of an employee ahead of schedule without his consent, then the refusal to work in such a situation can not be considered a violation of labor discipline.

And another problem arises in front of the manager when recalling from the next vacation - where to find an employee. It is not uncommon for a mobile phone of a vacationer to be discharged or prudently left at home, or even completely lost. Of course, no leader can inform you about the place of the holiday, here the corporate spirit and responsibility of everyone for the common cause is affected. In some organizations, the job descriptions of a number of employees contain a requirement to report on the place of the holiday. Some provide their vacationers with telephones at the expense of the organization.