Order on withdrawal from vacation: content and rules for compiling a document

In order for an employee who is on annual leave to take up his duties ahead of schedule in the near future, the manager must issue a withdrawal order. To do everything right, you need to know in advance all the subtleties and circumstances of this issue.

Legal right

In accordance with the Constitution and the Labor Code of Russia, each employee has the right to paid paid leave every year. Its priority is determined by a schedule previously compiled by the immediate boss and approved by the head of the enterprise. But in life there are often situations when an employee is invited to return to work in the interests of production. What should be done in this case, so as not to violate the legal rights of the employee?

Firstly, one must remember that only a recall order from vacation can return a person to the workplace. No personal desire of the authorities and oral order is not valid here. Everything should be documented only. Secondly, you must clearly follow Article 125 of the Labor Code of the Russian Federation, which states that to make such a decision, the personal desire of the employee is necessary. That is, it cannot be forced or done under duress. The employee must personally confirm his consent. Only then can you draw up a recall order from vacation. These issues should be addressed by the immediate supervisor and personnel officer.

Mandatory procedure

Sometimes managers misunderstand their authority. In this case, any misunderstandings and violations of the legal rights of citizens may arise. You can not deprive the employee of the rest due to some personal whim. There must be good reason for everything. For example, a difficult situation arose in the workshop due to the current shortage of labor. The result of this situation may be the failure to fulfill the plan for the site and the entire enterprise as a whole.

The manager decides to recall one of the employees who are on regular labor leave. What should be done in this case? The first step is to write to the director of the unit memo in which to him his thoughts on this matter. The next step should be a conversation with the employee. Previously, you can talk with him orally, and then officially send a letter to his home address asking him to return to work. And already with the consent of the employee, you can begin to prepare an order for recall from vacation. In this case, no inspection will be able to accuse the leadership of illegal actions.

Highlights

Similar documents are kept by the personnel officer. He is obliged to clearly imagine what the future order for recall from vacation will look like. The sample can be prepared in advance, and then use this frame if necessary.

The main thing to remember is that such a document should include the following rather important points:

1. First comes the ascertaining part. It needs to give justification for the actions taken. This may be a manufacturing need or an emergency.
2. Next, after the word “I order”, the administrative part follows. First of all, it is necessary to indicate the days on which the employee responds. Then you need to mark how and when he can use them.After that, orders are usually given to the responsible employees: the personnel officer must make changes to the T-2 card and the vacation schedule, and the chief accountant must recalculate the money paid to the employee the day before.
3. All employees mentioned in the order must familiarize themselves with it under signature.
4. There are two reasons for such an order: the memo of the boss and the consent of the employee.

In addition, we must not forget that there is a group of people whose vacation should not be interrupted:

• pregnant women;
• minor employees (under 18 years old);
• workers who work in dangerous or harmful conditions.

These basic conditions must be observed so that the document really has legal force.

Interruption of leave without maintenance

Similarly, the situation is with vacation on the initiative of the employee. It is also impossible to stop the willful decision. It is impossible to give a person free time according to his desire, and then after some time just change his mind. The leader should not take such irresponsible steps. Once the employee himself has expressed a desire to leave for a while, then he must also come back ahead of schedule on his own initiative.

This is quite logical and legal. In this case, he should first write a statement addressed to the head stating that he asks to consider himself on a specific date to be out of leave and fully set to work. It is this wording that the “Order on recall from vacation without pay” should contain. We should not talk about any recall here. In this case, it is precisely the employee’s own desire to interrupt the rest provided to him by the management. Moreover, he does it in his personal interests, since his vacation was without payment.

Useful Harvest

Not everyone is able to correctly draw up a recall order from vacation. The form is the best solution to this problem. The easiest way is to make a good preparation with the help of a qualified specialist, and then use it if necessary.

Such a document should look as follows:

1. First comes the full and abbreviated name of the company.
2. Then follows the name, date and number of the document. In addition, you can specify the place of its creation.
3. Next is the wording of the order.
4. The main content begins with a stating part, which includes a description of the cause.
5. After the word “I order” the administrative part follows.
6. The following is a listing of the reasons that were the reason for the creation of this order.
7. The document ends with the signature of the head and familiarization with all the persons mentioned in it.

Proper design sometimes plays a crucial role in some contentious issues. This must be taken into account by both the manager and the employee in order to be able to defend their position at any time.