During the holidays, a person can relax from the hustle and bustle. However, sometimes there are situations when a call from an employee’s vacation is a necessary measure. This may be an accident, an accident and other circumstances at work. Is this legal? How to correctly call a person from vacation and how will his salary change?
Possible reasons
It is worth noting that according to the Labor Code of the Russian Federation, an official call for an employee from an annual vacation is provided. As a rule, in such circumstances, personnel officers name the cause of a sudden production need, but this is not entirely correct.
There is a certain list according to which it is really possible to call an employee to work during a vacation:
- an audit that was not previously planned;
- accident and other emergency situations;
- the dismissal of a person who has been officially appointed for replacement;
- a specific task that can only be solved by an employee who is on vacation.
Of course, this list is far from complete. The reasons why it is necessary to carry out a recall from a vacation due to industrial necessity, in fact, are much greater. However, in any situation, it is important to accurately and thoroughly describe the problem. If this is not done, then at the next personnel check, the controlling body may have big doubts about the legality of the actions of the organization’s management.
How to find an employee?
When the question arises of calling from vacation, sometimes the personnel department is faced with the problem of finding an employee, because he does not have to be at home during the holiday. In addition, the law does not say that an employee must warn his superiors that he plans to leave the city.
To do this, the company management must introduce a specific document of recommendatory nature. It will record all the information about where the employee can be, as well as his contact information, which can be used to contact him in emergency situations, and when you need a call from vacation.
After the personnel employee has contacted the necessary employee and received consent, you can proceed to documenting the call.
Making a call by law
It is worth noting that there is not a single document that clearly states how to call an employee from his legal rest. This is not described in the Labor Code. A call from vacation can be carried out according to certain rules:
- If an employee is assigned to any department, then the head of this unit should write a special memo in the name of the director, in which a clear reason for the call will be indicated.
- After that, an official notice is drawn up. It is necessary to leave a place in it where the employee must put his signature. It will mean consent to the challenge. It is worth noting that no one can oblige an employee to leave vacation. He may refuse to offer management.
But it’s not enough to know how to get a review from a vacation. It is still important to draw up the order correctly. A correctly executed order is the main reason why an employee will have to appear at work during his legal vacation.
Correct drafting of the order
So, the order is drawn up directly by the employee of the personnel department, and approved by the director of the organization.It must be recalled that the order is the main document, so the answer to the question of whether it is possible to withdraw from vacation without this paper is obvious.
The following must be indicated in the document:
- The reason why the employee needs to leave his legal rest and go to work.
- Date when he needs to appear at the workplace.
- The period during which the work will take place.
- Options where the rest of the vacation will be spent. It is possible that the employee will immediately walk the remaining days.
- An order for accounting staff (the employee needs to recalculate wages and vacation pay).
At the same time, the order for withdrawal from vacation due to industrial necessity may indicate that the employee does not object to such a decision, although this is not necessary. If the consent of the employee was issued in a separate paper, then it must be supported as an attachment to the order.
How can I use the remaining days?
The employee returned to work on time, but what about those days that remained untouched? Is it possible to walk them off later or get compensation, because payment for the vacation has already passed?
In this case, the Labor Code of the Russian Federation offers several options:
- if work on production needs has been completed, and there are still free days, then the employee has the right to extend his vacation and simply take time off;
- if the employee does not want to walk the remaining time, then he has the right to take these days at any time convenient for him before the end of the calendar year;
- You can also attach the remaining days to a vacation of a future period and take them out next year;
- and the last option is to receive monetary compensation; this is possible only if the employee has already walked off his prescribed 28 days, and the call extended only to additional ones.
How many days can I call an employee?
In fact, there are no clear time limits. An employee may remain in place as long as there is a production need. However, it is important to remember that deadlines must be planned in advance. Moreover, they must be familiarized with the employee, and he must agree with the deadlines.
You can also call an employee for exactly one day, but for this, too, you need to issue an order. In addition, even if a person was needed at the workplace very briefly, for example, for 2 hours, you also need to issue an order to recall the employee from vacation. At the same time, it is necessary to indicate in it not 2 hours, but a full day, which a person can then use at his own discretion.
When is a vacation call impossible?
In the Labor Code of the Russian Federation there are restrictions due to which a call from vacation may not be possible. The employer should clearly know the categories of citizens who should not even be offered to go to work during their holidays. These categories include:
- employees whose activities are directly related to dangerous or harmful conditions;
- employees whose age does not exceed 18 years;
- pregnant women.
All these citizens can relax during their holidays and not agree to go to work. It is worth remembering that not a single leader can force you to interrupt a lawful rest.
Employee failure
And what if the employee does not agree to go to work during his vacation? For clarity, you need to parse an example.
So, the employee is on vacation, and payment of the vacation has already passed, but force majeure circumstances have arisen, so the management issues an order to call the employee. However, the citizen ignored this notice and did not go to work. Is it possible to make such a decision for absenteeism and how to punish an employee in this situation?
Actually nothing. Any fines and deductions in this case will be unlawful, since the recall of an employee from vacation can only be done with his consent.That is, the notification of the call is only advisory in nature, and the citizen can accept this proposal or refuse.
If the manager decided to punish the employee or even dismiss him, then the person can safely apply to the labor inspectorate. He will be surely reinstated to his post, and, in addition, he has a chance to receive compensation for moral damage.
Recalculation of vacation pay
Holiday pay, like regular wages, is tax deductible. 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 vacation. When there is a sudden recall from vacation, vacation payments need to be recounted.
It is important to remember that recalculated funds can only be deducted from equal future salaries. Prohibited:
- require the employee to return the money;
- withhold the full amount from wages for the worked period.
Also, one cannot help but recount vacation pay and take this into account in the amount of future wages. This is prohibited because:
- The employer cannot exactly know the period when the employee decides 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 fulfill new charges.
Taxes and Contributions
When a call is made from vacation, payments from the employee are not withheld, but are deducted from future wages. This means that there is no need to make personal income tax return, since there was no income.
Nevertheless, income tax is subject to recalculation, however, a declaration should not be filed with the Federal Tax Service, since the call was made on an industrial basis.
Also, the accountant may be faced with the issue of recalculation of insurance premiums. It all depends on when the employee was recalled from vacation:
- If the employee returned from vacation at the beginning of the month, then insurance premiums are recounted only at the end of the month.
- If the recall occurred in one month, and the payment of contributions occurred in the past, then an overpayment is formed. In this case, the overpaid contributions simply need to be taken into account in future periods.
As a result, it should be noted that recalculation in any case will have to be done. To make it easier to navigate payments, it is worth remembering that overpayments for taxes and insurance premiums are usually proportional to the overpaid amount for wages. If there is an overpayment for salaries, then there is an overpayment for taxes and contributions.