Is it possible to withdraw a leave application? Can an employee withdraw his or her request to reschedule leave? Procedure for recalling an employee and director
Employees often prefer to take the opportunity to rest before resigning and looking for a new job. How to correctly write and complete the appropriate application, read the article, download the sample.
From this article you will learn:
How to write an application for leave followed by dismissal
In 2019, the employee provides such a statement to the employer if he wants, before terminating the relationship, to exercise his right to the required days of rest. This option is very convenient for the employee, since he will not have to work for two weeks, and will free up time to actively search for a new place of employment.
The document does not have a unified form, therefore the applicant is free to draw it up in free form. Whether it is handwritten or typed on a computer does not matter. Some companies, to simplify the procedure, develop their own internal form, and this is quite reasonable, since applications for dismissal with vacation are not that uncommon. Although there are no special requirements for it, it is still necessary to follow the general principles of drawing up such papers and avoid significant errors.
Step 1. Information about the addressee and applicant. Usually located in the upper right corner, but, by and large, the location does not matter. To whom the document is addressed: full name of the manager and his position with a mention of the company name. Who is the author of the document: full name and position.
Step 2. Preferably in the center of the sheet - the heading “Statement”.
Step 3. The main part contains the essence of the appeal - a request for the next leave from a certain date (indicate from which) for a specified duration (indicate which) with subsequent dismissal.
Step 4. Compilation date. Here it is important not to forget about the “two week rule”.
Step 5. Applicant’s signature with transcript.
The document is drawn up in two copies: one will be sent to the director, the second will be endorsed by the vacationer at the office and kept with him.
If the employer does not want to sign
If an employee goes on vacation as scheduled and at the same time declares his intention to resign after it, the employer has the right to refuse him and is not required to sign the application. If you read Art. 127, then you can see that it does not indicate the director’s obligation to agree, the wording sounds like “vacations may be granted.” That is, they may well not be provided.
As practice shows, in most cases, managers are not stubborn and let the employee go in peace if he warned in advance about his intentions. But in the presence of some force majeure circumstances or as a result of hostile relations, the director may make a negative decision. Since the wording in the Labor Code is rather vague, and there are no official explanations on this issue, an employee with disrupted plans can try to turn to the labor inspectorate for help, but it is not a fact that his complaint will be considered.
Situations when a boss can refuse an employee arise if:
1. Dismissal occurs not of one’s own free will, but “according to the article.” In such a development of events, the contract should be terminated immediately, and there is no question of any vacation. Which, however, does not negate the employer’s obligation to pay the dismissed person for vacations not taken.
2. The employee went on vacation not according to schedule. The employer can meet him halfway, but this is only a gesture of goodwill on his part, and not an obligation. If a person wants to quit, let him write a statement, work for two weeks, receive compensation for unused vacation and go on a free voyage.
3. The subordinate has already used his vacation in the current year. Then the action plan is the same as in the previous paragraph, but without paying compensation.
Is it possible to withdraw an application for leave with subsequent dismissal?
An employee, before deciding to go on leave before dismissal, needs to think carefully and weigh the pros and cons. Despite all the obvious advantages, this solution also has one significant drawback - difficulties in withdrawing the application.
To withdraw his application, the employee has a short period before the start of the vacation (p. 127). While on vacation and anticipating separation from his employer, he can no longer suddenly change his mind, since the dismissal order has been signed and is in effect, the documents have been issued, and the payment has been made. This employee is no longer employed by the company. If something has changed in his life plans and he wants to return to his former employer, he will have to go through the hiring procedure again.
The period before the start of the vacation, although it implies the possibility of recall, is not in all cases. Perhaps the employer did not waste time and has already found a replacement, transferring another employee to the vacant position. In this case, the person resigning will lose his job permanently. Despite all the loyalty of the legislation to pregnant women, even for them in this case no exception is made.
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:
- By joining future leave for the next calendar year.
- 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:
- The employee independently returns the overpaid amount (to the organization’s current account or through the cash register).
- 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.
- 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:
- Being prepared (this document indicates the reason and date of the employee’s departure).
- The head of the company puts a resolution on the procedure for execution on the application.
- 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.
Statistics show that unexpected things happen in the workplace. For example, when an employer urgently needs to see an employee at the workplace who has gone on a scheduled annual vacation. In this situation, there is nothing left to do but act. That is, call a specialist for service through proper documentation.
How possible such an outcome of events is, and what the employer should do from a documentary point of view, will be covered in the material.
In what cases can you pick up a document?
The legislation states (namely, Article 125 of the Labor Code of the Russian Federation) that recall of an employee from vacation is possible only if he himself gives consent to this measure. If, despite the demands of his superiors, he doesn't want to go to work until the end, this is completely legal, and the employer has no right to force him to be at the workplace.
If an employee, at the request of management gave his consent, the employer has an obligation to provide him with days off at the end of his vacation, or to join the main period for the next year (Article 125 of the Labor Code of the Russian Federation).
In this case, as in any other practical situation, there are exceptions:
In each individual situation, the employer must navigate to specific circumstances and legal provisions.
Procedure for recalling an employee and director
The recall of an employee from vacation is traditionally carried out due to production needs. Whatever the true reason for the employer’s actions, any action must be based on documentary confirmation. It is necessary to start with obtaining the consent of the employee himself, which is quite logical.
It is necessary to invite the employee to visit the workplace in any form by sending an application.
After obtaining the appropriate consent, an order document is required, which is also carried out in any order. The paper must clearly and correctly contain the reason for the revocation is reflected, the exact date on which the vacationer undertakes to return to work, the time interval in which the employee will be provided with any part (that has not been spent). The employee is familiarized with this document based on the signature.
The text of the order document must be formatted in such a way that during the recall Have an opportunity making appropriate changes to the vacation schedule.
You can carry out such a manipulation as follows:
- on line 10, where the note is indicated, note that a certain number of days will be postponed to another period;
- in column 8 indicate the fact of availability recall order, as well as data on its number value and date;
- in the 9th line, where the date of the expected vacation period is usually entered, it is necessary to reflect the dates to which the unused portion is transferred.
The time sheet for accounting activities for working time deserves special attention.
Days on which the employee was on vacation, are marked as "OT" or "09". And the days on which he performed official duties are written with the letter “I” or the numbers “01”.
The fact that the employer was forced to recall the employee must be reflected in personal card, designed in the form of T-2. Column 4 of Section 8 requires an indication of the number of days during which the employee was on vacation.
It is assumed that when recalled, some part of the vacation period will remain unused. Therefore, the employer will need to carry out recalculation activities in accordance with Art. 136 Labor Code of the Russian Federation. After all, the vacation calculation will be carried out on the basis of a slightly different billing period, as evidenced by the provisions of Art. 139 Labor Code of the Russian Federation.
It is quite simple to carry out these activities. This requires multiplying the average earnings by the number of days that the employee did not manage to use for his own purposes.
Procedure if the employee does not agree
If the head of the enterprise, despite receiving a refusal from the employee, prefers to recall him earlier than the date established in the schedule, the employee has a set grounds for filing a complaint to the relevant structures and bodies.
Based on the results of its consideration, the employer will be involved to administrative responsibility on the fact of violation of labor legislation (in accordance with Article 5.27 of the Code of Administrative Offences).
To persuade an employee to come to work while he is on vacation, the employer can use incentives material nature. For example, he is assigned the right to offer additional preferences:
- increasing the wage rate;
- pay compensation part for unused travel voucher;
- providing an auxiliary bonus.
Threaten with dismissal, use disciplinary measures, demotion and other similar methods are unacceptable.
Features of voluntary recall
Voluntary recall from leave may occur in accordance with with the initiative of the employer or the will of the employee himself. Both scenarios should be considered.
If, due to certain circumstances, an employee changes his mind about going on vacation approved in the general schedule, he has the direct right to draw up and send to the employer an application for rescheduling the vacation.
In this regard, the employer will be required to make adjustments to the schedule in accordance with Art. 124 Labor Code of the Russian Federation.
In receipt employer's consent not necessary, but the time frame for the transfer is subject to determination based on the wishes of the employee. There are several reasons for this:
- temporary disability;
- performance while on vacation certain government duties;
- other cases that are regulated in the current legislation.
Consent is not necessary, and the transfer period is subject to determination by the employee himself, if the vacation pay was not paid to him on time, i.e. in fact it happened later than in 3 days before the start of the vacation, or warn the employee about the start of a well-deserved vacation later than 2 weeks.
The need to obtain consent from the employer occurs if the transfer is carried out on the basis of the employee’s personal reasons.
Sample application
As for the application paper submitted during the process of recall from the vacation period, its unified form is currently not available. Therefore, traditionally the creation of paper carried out in writing(especially if the employer has not developed its own form).
Despite the accepted sample application paper, it must necessarily include a certain set of details:
- the addressee (this is directly the employer, played by the head of the enterprise);
- addressee (employee who is author of the application paper, the presence of his full name and position is required, which is displayed on the top right);
- the fact of the employee’s will that he wants/does not want to be recalled from leave and interrupt the main period leave (if he agrees, the application form indicates as auxiliary details planned release date to the place of duty, as well as information about the period of leave that was not used);
- date on which paper was drawn up, signature of the employee containing a transcript, indicating the surname and initials of the specialist.
If you study the process of sequentially drawing up a statement, it looks like this.
- The addressee's name is at the top left (usually the director of the organization).
- The line below follows it surname, initials.
- Next, indicate the surname with the initials of the addressee - the compiler.
- The next line on the left indicates the name of the document – “Application”.
- The text part of the application confirming the fact that the originator I agree to the review from annual vacation from a certain date, and is ready to replace them with other days of vacation, choosing a period of time that is preferable for yourself.
In what cases is a review not possible?
There are several categories of employees in relation to whom the review unacceptable under no circumstances. Here's what their full list looks like:
Thus, labor legislation empowers the employer the right to recall an employee from vacation, but does not assign this obligation to the employee himself.
Therefore, if he refuses to go to the workplace, he will not face dismissal or disciplinary liability. In this case, the recall process is regulated by the peculiarities of interpersonal relationships between the parties to the employment contract and personal agreements.
For more information about the vacation review, see the video below.
Such a concept as vacation cancellation The Labor Code does not contain. But the Labor Code contains a different wording, but has the same goal - not to go on vacation, the action is called ““. Let's take a closer look at situations that require vacation cancellation.
In what cases is it required vacation cancellation?
The employee wrote an application for leave, the employer issued an order, but for some reason the employee should not go on leave, that is, the employee’s leave must be cancelled. There are two main reasons for canceling a vacation:
- Cancellation of leave at the initiative of the employee
- Cancellation of leave due to production needs (at the initiative of the employer)
Sometimes they talk about canceling vacation due to sick leave. If it occurs, it must also be postponed or extended.
It is also possible to cancel vacation due to the start of study leave or the employee’s performance of government duties. You need to act in the same way as with a regular vacation transfer, that is, not to cancel the vacation, but to transfer it to a specific date.
Depending on the reason for canceling the vacation, various documents are drawn up.
If vacation is canceled at the employee's initiative, then the following must be taken into account:
- The employee must write an application not to cancel, but to postpone the vacation, and be sure to indicate the period for which the vacation is postponed; you can also indicate the reason for the vacation.
- is not cancelled, but a new one is written about rescheduling the vacation. At the same time, the accounting department is required to recalculate vacation pay (if, of course, it has already been paid).
- The employee must be familiar with the new order.
If vacation is canceled at the initiative of the employer that is, due to production needs, the following must be taken into account:
- Cancellation of vacation without the employee’s consent is unacceptable
- It is prohibited to fail to provide leave for two consecutive years, even if the employee agrees to the cancellation.
- The holiday must not be canceled per se, it must be transferred no later than to the next calendar year
In addition to these cases, vacation cancellation can be made for the following reasons:
- if the employee was not transferred vacation pay 3 days before the start of the vacation;
- the employee was not notified of the start of vacation 2 weeks in advance.
conclusions
Vacation cancellation although not provided for by law, it is used in cases provided for by Labor legislation as a transfer of vacation. They separate the cancellation of leave initiated by the employee and the employer. There may be cases when it is necessary to cancel an employee’s vacation for reasons beyond the control of both parties.
A company employee went on vacation. There are situations when there is a production need to recall him from vacation or when force majeure circumstances arise that prevent the employee from going on another vacation. How to properly handle such a situation in the company’s HR department?
How to withdraw a vacation application without consequences
When withdrawing an application for leave, the employer must obtain the employee’s written consent to withdraw from leave.
How to revoke a leave application
Only compelling reasons or operational necessity give the employer the right to withdraw a leave application. If the employee himself has expressed a desire to withdraw an already signed vacation application, then it is necessary to write a free-form application addressed to the head of the organization with a request to postpone the date of the next labor vacation.
In order to cancel a vacation order, the following requirements must be taken into account:
— a written reason for canceling the order or a statement from the employee himself;
— written consent of both parties;
— an order to cancel the vacation order with mandatory justification.
After the order for the next vacation is cancelled, the employee, in turn, must deposit the vacation money received into the organization’s cash desk.
How to withdraw a vacation application when the order is canceled during the employee's vacation? Here there is a recall of him from vacation, so his written consent is required. The recall should be formalized by an order, which must indicate the reason why the employee is being called back from vacation. In this case, part of the remaining leave is provided to the employee at his request at a time convenient for him. It is prohibited to recall from vacation:
— employees under 18 years of age;
— pregnant women;
— employees whose work involves harmful and (or) dangerous working conditions.
If the order is canceled before the start of the employee’s next vacation, that is, he has not actually gone on vacation yet, then we are not talking about recall from vacation. In this case, it is necessary to create an order to cancel the previous vacation order.
Note.
The employee’s consent to recall from leave can be either written or oral. For a company's personnel employee, it is preferable to obtain written consent to voluntarily return from vacation, since the employee may refuse to interrupt the vacation - in this case, the law will be on his side. Whether a manager will be able to call his employee back from vacation depends mainly on the relationship in the team.
