SuperJob lawyer: is it possible to recall an employee from vacation due to urgent work
Is it possible to recall an employee from vacation due to urgent work? How can I do that? Alexander Yuzhalin, lawyer for the labor code of the Russian Federation, head of SuperJob’s legal practice, says in his column:
Yes, Art. 125 of the Labor Code of the Russian Federation, allows the employer, if necessary, to recall the employee from annual paid leave. The main requirement for such a recall is the consent of the employee. Accordingly, the employer may ask the employee to leave the vacation and, if the employee does not mind, then terminate his vacation ahead of schedule. If the employee is against it, the employee’s vacation cannot be interrupted.
At the same time, the law provides for several categories of employees who cannot be recalled from vacation even with their consent. These include:
- underage workers;
- pregnant women;
- workers engaged in work with harmful and (or) dangerous working conditions.
What is required to work while on vacation?
The law does not provide for any additional guarantees for work during vacation. If the employee was recalled from vacation with his consent, then in this case he works as usual and receives wages for the time worked also in the manner established with his employer.
How then to finish the rest of the days?
The unused part of the vacation must be provided at the choice of the employee:
- at a convenient time for him during the current working year;
- attached to leave for the next working year.
Thus, the employee can ask to spend unused vacation days at any time. Or, if it is convenient for the employee, to extend the vacation in the next working year at the expense of these remaining days from the interrupted vacation.
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