Whether the employee withdraws the leave application. How to revoke a leave application

An employee of any company or organization is granted paid annual leave after a certain time. It happens that employers need to call a colleague back from vacation, or the employee himself experiences force majeure circumstances that do not allow him to enjoy his vacation in peace. This is when the question arises of how to correctly write an employee a letter of recall from vacation. The HR department will provide the sample.

Legal points

The right to recall an employee from vacation is provided for in 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:

1. By joining future leave for the next calendar year.
2. 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.

Who should not be recalled from vacation

Almost all categories of citizens are subject to recall, except:

• workers under eighteen years of age;
• pregnant women;
• people who work in dangerous and harmful enterprises.

Need to know! Having a written statement from an employee belonging to one of the above categories protects him from unlawful actions on the part of the organization.

Reasons for revocation

To create an order to call an employee to the workplace, enterprise managers must have compelling reasons. As a rule, in ordinary life the following reasons for writing such an order apply:

• emergency circumstances at work;
• an emergency situation at the enterprise and the need for the vacationer to participate in eliminating the result of the accident;
• termination of the employment relationship between the employee and the employer, unscheduled trip of the employee by order of the boss;
• inspection of higher authorities;
• conducting an inspection for the presence of the company’s property, during which the employee is required to be present;
• the desire of the vacationer to continue work ahead of schedule and interrupt his vacation.

The list is indicative and incomplete; other reasons for creating an order may apply if necessary. The main thing is that at least some justification is indicated in the memo and order.

How to submit a vacation review?

To properly complete a review, you must have not only the employee’s verbal consent, but also written consent. The following documents are required:

• consent from the employee;
• order to recall an employee.

A memo is provided to the head of the organization from the head of the department in which the employee is registered. It contains the following information: the reason for the call, the initials of the employee, the director’s visa, and the start date of work.

The order is formed in free form with the initials of the recalled employee, it indicates the basis and date of the recall, as well as the period when the employee will be able to “finish off” his legal leave. The order is certified by signatures.

Additionally, information is entered into the employee’s card, work time and vacation sheets. New information is recorded in the vacation schedule, which indicates the date of revocation and order number, as well as how many days of unused vacation remain.

How to inform an employee about the need to unexpectedly return to work (from vacation)

Administrative liability is established for calling an employee who is on regular leave to work without his agreement (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In order to correctly recall an employee from vacation, it is necessary to notify him of the need to go to the enterprise to write an application for recall from vacation (using the sample). Verbal consent from the employee will not be enough; it must be recorded in writing. There are two ways to invite a vacationer to the HR department:

• orally (by calling);
• in writing (email, Viber).

It must be remembered that an employee’s appearance at the enterprise during vacation is his right, not his obligation. The employee has the right to neglect notifying the boss, which should not lead to negative consequences.

Application for recall from vacation, sample and design features

If the head of the company decides to cancel the employee’s vacation on his own, the citizen has the right to write a complaint to the labor inspectorate. In most cases, the relevant authorities act on the side of the employee and bring to administrative responsibility the enterprise that has violated labor laws.

To encourage a colleague to come to work early, the employer can apply a monetary reward. For example, offer the employee the following incentive payments:

• increase wages;
• pay travel expenses;
• Full refund for the trip;
• issue a bonus.

You cannot threaten an employee with dismissal, loss of bonus or demotion. These methods will not only not work, but will also ruin your relationship with your colleague.

How to recalculate correctly

When an employee is called back to work prematurely, a problem arises regarding payments that were made before the vacation.

Important! As a rule, if an employee recalled from vacation ahead of schedule was paid vacation benefits in full, then he is obliged to return the difference to the organization. At some enterprises, overpaid vacation money is withheld from the employee’s salary.

Ways to solve the problem

Payment adjustments can be made in the following ways:

1. The employee independently returns the overpaid amount (to the organization’s current account or through the cash register).
2. 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.
3. 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.

Preparation of an order

The director of the enterprise is informed (in the form of a memo) about the need to call the employee back from vacation ahead of schedule. If he has no questions, he puts the “Approved” mark. And if he does not see the need to call the employee back from vacation, then he puts the visa “Refuse”. When a positive response is received, an order is generated.

Both verbal and written agreement must be obtained from the vacationer. To write to an employee to revoke a vacation, he needs to come to the office. If this is not possible, then verbal consent will be sufficient at this stage. The order is signed by the director of the enterprise. Then the document is sent to the personnel department and accounting department to make changes to the employee’s time sheet.

Upon returning from vacation, the employee familiarizes himself with the order against signature. If necessary, the employee can receive a certified copy of the document.

What about in other countries? Sample application to the Republic of Belarus

A recall from vacation is usually issued on the day the employee is called to the workplace. According to Article 174 of the Labor Code of the Republic of Belarus, the next annual leave can be interrupted at the initiative of the employer or the employee himself. Approval of a recall order occurs as follows:

1. Being prepared (this document indicates the reason and date of the employee’s departure).
2. The head of the company puts a resolution on the procedure for execution on the application.
3. An order is issued.

In the Republic of Belarus, an employee is required to give his consent to recall from vacation. A sample application is not provided, so the vacationer can agree either orally or in writing. To pay monetary compensation in connection with recall from vacation, mandatory work for a full working year is not required.

How to properly issue a call to an employee in the Republic of Kazakhstan? According to Article 109 of the Labor Code, the boss must provide a sample application (to the Republic of Kazakhstan) for recall from vacation. The employee, by writing it, confirms his voluntary return to production. There are no refunds for vacations not taken. An employee’s refusal is not considered a violation of labor regulations.

As a rule, only very serious circumstances can force an employer to do this. For example, a sudden illness of an employee temporarily performing the duties of a person on vacation. A call from vacation is issued in any form in the form of a notification.

Application for recall from vacation (sample)

What to do with the rest of your vacation

An employee who agrees to leave can subsequently receive the unused part of his vacation:

• during the current working year at any time convenient for him;
• it can be added to the vacation for the next working year ( Art. 125 Labor Code of the Russian Federation).

Order

Having secured the employee’s consent, the employer should issue an order. It must indicate:

• reason for revocation;
• the employee's return date to work;
• the period when the employee will be given the unused part of the rest.

The worker should be familiarized with this order and signed.

How to make changes to your vacation schedule

After the order to recall from vacation, it becomes clear that changes will have to be made to the schedule. To do this, in the line regarding the desired employee, you should:

• in column No. 10 “Note”, note that a certain number of days of rest are transferred to another time;
• in column No. 8 “Bases (document)” you must indicate the details of the order to recall from vacation;
• in column No. 9 “Date of proposed vacation”, enter the dates to which the unused part of the vacation is transferred.

The days an employee is on vacation are marked in the timesheet with the letter code “OT” or the digital code “09”. And the days when the employee returned to work after being recalled - with the letter code “I” or the digital code “01”.

The fact of revocation is also recorded in the employee’s personal card - form No. T-2 (approved). Column 4 of Section VIII of the card includes the number of days that the employee actually spent on vacation. In this case, column 7 “Bases” must indicate the details of both orders.

Recalculation of vacation pay

When called back, the employee does not hum for some part of the vacation. And his vacation pay was accrued just for all the days before his rest in accordance with the schedule from-launch and you-pay even before it starts - no later than 3 days, as required by labor legislation ( Art. 136 Labor Code of the Russian Federation).

In this situation, it is impossible to avoid recalculating vacation pay: when providing the employee with an unused part of the vacation in the future, his vacation pay will have to be calculated using from another settlement per-ri-o-da ( Art. 139 Labor Code of the Russian Federation). For this, the amount of the average per-work, based on which the first-initial allowances were calculated, need to be multiplied by the number of days unused. This amount will need to be withheld from the employee.

The employee wrote an application to postpone the vacation and the employer agreed to the transfer. Later, the employee expressed a desire to go on vacation as scheduled. Can an employee withdraw an application to postpone vacation and how to do this?

Answer

Answer to the question:

The answer to your question depends on whether changes were made to the vacation schedule or not.

According to the general rules, vacations are provided to employees in accordance with the vacation schedule, which is approved taking into account the opinion of the representative body of employees, no later than two weeks before the start of the calendar year. The vacation schedule is mandatory for both employees and employers. Such rules are established by Article 123 of the Labor Code of the Russian Federation.

In the future, the vacation may be postponed to another date ( see paragraph 1 of the appendix to the answer). At the same time, corresponding changes are made to the vacation schedule ( , approved).

Thus, if the transfer of vacation was fixed in the vacation schedule, then the employee does not have the right to demand the provision of vacation at a different date, unless he belongs to preferential categories of employees ( see paragraph 2 of the appendix to the answer).

An example of documenting the transfer of employee leave

Manager of Alfa CJSC A.S. Kondratiev wrote about the provision of part of the leave not used due to illness during the period of annual leave. Based on the application, General Director A.V. Lvov issued a postponement of leave, and the HR employee made changes to the employee.

Nina Kovyazina, Deputy Director of the Department of Education and Human Resources of the Russian Ministry of Health

2. Situation: When an employee has the right to leave.

The employer is obliged to provide leave before the end of the 6-month period at the request of the employee only in exceptional cases in relation to certain categories of employees:

• employees under 18 years of age (, Labor Code of the Russian Federation);
• women before and after maternity leave, as well as at the end of parental leave (, Labor Code of the Russian Federation);
• employees who adopted children under three months of age ();
• husbands while their wives are on maternity leave ();
• veterans();
• Chernobyl victims ();
• military wives ();

Vacation for the second and subsequent

The employee went on vacation followed by voluntary dismissal. Can he withdraw his resignation letter?

According to the provisions of Art. 127 of the Labor Code of the Russian Federation, upon a written application from an employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions).

When an employee is granted leave with subsequent dismissal, the day of dismissal is considered the last day of leave. However, all settlements with the employee are made before the employee goes on vacation, because upon its expiration, the parties will no longer be bound by obligations. The employer provides the work record book and other work-related documents to the employee before going on vacation, i.e. on the last day of work.

This conclusion also follows from the Determination of the Constitutional Court of the Russian Federation of January 25, 2007 N 131-О-О.

In fact, the employment relationship with the employee ends from the moment the vacation begins. That is why, in accordance with Part 4 of Article 127 of the Labor Code of the Russian Federation, an employee who has been granted unused leave with subsequent dismissal on his own initiative does not have the right to withdraw his resignation letter after the start of the leave, even if it is only the first day of leave.

Taking into account the above, the employee has the right to withdraw his application before the start of the vacation, if another employee is not invited to take his place by way of transfer.

material provided

prosecutor's office of the Saratov region,

prepared

and about. Prosecutor of the Kalininsky district

Sometimes situations arise when, due to prevailing circumstances, the management of an enterprise is forced to issue an order to cancel the vacation of one or another employee. Here a remark should be made that an order to cancel vacation does not at all mean that the employee will be deprived of the right to rest - according to the law, vacation cannot be completely canceled, it can be postponed to another period. But this must be done in accordance with all the rules of Russian legislation.

FILES

Grounds for ordering vacation cancellation

The main document on the part of the employer on the basis of which the employee’s vacation can be postponed: an order to cancel the vacation. It can be drawn up and issued only after the employee writes a corresponding application - without his consent, it is impossible to cancel a previously planned vacation and reschedule it for another time.

It should be remembered that you can take advantage of the opportunity to cancel vacation only when the employee has not yet gone on a planned vacation, preferably at least two weeks before it begins.

Documents for an order to cancel vacation

In order to comply with all legal norms, before writing an order to cancel vacation, you should use the following documents:

• employee leave order;
• application for transfer of leave from an employee;
• vacation schedule at the enterprise;
• personnel order form;
• organization seal;
• registration documents of the organization;
• employee documents;
• general rules of office work;
• Labor Code of the Russian Federation.

How to place such an order

This document does not have a strict state unified template, therefore each organization has the right to develop its form independently or write an order in free form. We are looking at a simple, yet legal and understandable example of an order.

Part 1

At the top of the form you need to enter the full name of the organization (as stated in the registration documents), then you should indicate the order number for internal document flow. Just below, in the appropriate lines, you need to indicate the city in which the employing organization is registered, as well as the date of filling out the order to cancel the vacation.

Point one includes basic information about the employee:

• surname, first name, patronymic (without abbreviations),
• personnel number assigned upon employment,
• position (indicating, if necessary, rank, class or qualifications),
• structural unit or department to which the employee belongs.

Here, just below, the number of vacation days (in numbers) and the period of previously planned vacation (its start and end dates) are entered. The last thing that must be indicated is the reason for postponing the vacation (most often this is a production necessity, but sometimes it may also be the employee’s desire, formalized in writing).

Part 2

In the second paragraph of the order to cancel vacation, you should again enter the last name, first name, patronymic of the employee (without abbreviations) and the period for which the vacation is transferred (day, month and year of the beginning and end of the period), with the obligatory indication of the number of days of vacation. Just below you need to note the basis on which the leave was postponed (statement of the employee - without it this order would have been invalid).

In conclusion, the order must be signed by the head of the enterprise, as well as the employee himself - his signature will be evidence that he has read and agrees with this document.

The completed order should be printed in three copies (each of them must be signed). One must be given to the personnel department for storage in the enterprise archive, the other to the accounting department (for recalculation of vacation pay), and the third to the employee. The head of the personnel department and the chief accountant must also familiarize themselves with this document and put their signatures on it.

It is important to remember that if you postpone the vacation of at least one of the employees, changes will have to be made to the vacation schedule of the entire enterprise, which is drawn up in advance, two weeks before the start of the new year. There is no need for a separate document to make adjustments to the vacation schedule - both the employee’s application and the given order to cancel the vacation can serve as the basis for them. The main thing is that all documents bear the signatures of responsible persons, as well as the management of the organization.