Is it possible to withdraw a vacation application? How to write an application for recall from vacation. Can an employer refuse to withdraw such an application?

Any employee of the organization has the right to leave. If a situation suddenly arises in which a person needs to resign after a vacation, then this is possible. This right is given to a person by Article 127 of the Labor Code of the Russian Federation. Essentially, there are two options when quitting if you haven’t taken your required vacation. Either take a vacation and then quit, or receive monetary compensation for unused vacation. There is also a situation when a person, already on vacation, decides to quit. Any employee has the obligation to notify the employer 14 days before dismissal, so if the vacation is longer than 14 days, then the employee can do this according to the general rules. The final day of payment will be the day of dismissal, when the employee’s work book is returned and the final payment is made. It must be remembered that management does not have the right to call an employee from vacation before its end in accordance with Article 125 of the Labor Code of the Russian Federation.

In what cases is leave followed by dismissal granted?

This issue is resolved in agreement with management, because providing an employee with rest before dismissal is a right, and not an obligation of the employer. The employer retains the right to either deny the employee leave with subsequent dismissal and pay compensation for unused leave or provide only part of the leave and pay the rest in cash. This applies even to conscientious and disciplined employees. As for employees who committed guilty acts, they will, in principle, not be given leave, but will only be paid compensation. This becomes clear after reading Article 81 of the Labor Code of the Russian Federation. If an employee decides to take advantage of the vacation plus dismissal scheme, then you need to think about how to formalize all this in the accounting department.

How is leave followed by dismissal processed?

Vacation followed by dismissal is processed in the same way as regular vacation, that is, according to the application + order scheme. You can write two applications, that is, first you write an application for leave, and then you write a letter of resignation. Or one statement is written. The application is written in any form, it indicates the date from which the employee asks for leave, the period of leave and the phrase “I ask for leave with subsequent dismissal”, it is also necessary to indicate the reason, for example, “at his own request”. Based on the application or applications, the personnel service or accounting department issues an order to grant the employee leave. If the organization uses standard forms of orders, then in this case two orders will have to be issued. Order for leave and order directly for dismissal:

the standard form for a vacation order is form T-6 or T-6a;
an order to terminate an employment contract is Form T-8 or Form T-8a.

There may be only one order, but then the organization must develop the form of such an order itself and consolidate it in its accounting policies. The date of the vacation order is the last day before the rest, and the date of the dismissal order is the last day of work. The employee’s last day of work is considered the day of his dismissal, but in our case the procedure will be different. In our case, the employee’s last day of work will be the day his vacation ends. Payments to the person will accordingly be made before the start of the vacation, on the last working day. If vacation is granted according to the vacation schedule, then you do not need to write an application. Instead, the accounting department is obliged two weeks before the start of the vacation (or earlier) to send him a vacation notice against his signature. There is no established form for notice of leave, so companies must develop the form of such notice themselves or decide how to notify the employee.

It is also necessary to make an entry in the work book and issue it to the employee on the last working day. In the accounting department, the accountant will additionally draw up a calculation note on granting leave to the employee in the T-60 form and a calculation note on the termination of the employment contract with the employee in the T-61 form. If suddenly the company has developed a single form for leave with subsequent dismissal, then only this form is filled out. In the working time sheet in form T-12 or T-13, vacation days are displayed “FROM” or “09”; if this is additional vacation, then “TO” or “10” are indicated. A note is also made in the person’s personal card, and when a work book is issued, the employee signs in the work book record book. It must be said that the fact of vacation followed by dismissal is not reflected in the work book.

What payments are provided to the employee in this case?

Before a vacation followed by dismissal, the employee must be paid:

wages for days worked;
vacation pay;
compensation for unused vacation, if any (for example, a person decided to use part of the vacation).

Both basic and additional leave are subject to compensation. At the same time, there is no need to write any application for payment of compensation, because payment of compensation for unused vacation is the direct responsibility of the employer. Vacation pay is paid three days before the start of the vacation, and payment upon dismissal is paid on the last working day. The required amounts can be paid to the employee in cash, or by transfer to a bank card or personal account.

How can you withdraw an application for leave with subsequent dismissal?

If suddenly a situation arose in which an employee first decided to take a vacation, then quit, and then changed his mind. In this case, the law allows you to withdraw an application for leave with subsequent dismissal, but before the start of this period, because the employee will receive all payments and documents before the leave, including a work book with a record of dismissal. In addition, the order to dismiss the employee will already be ready and signed, and in this case the employee will have to get a job again. If a person, while on vacation, decided to quit, wrote an application, and then changed his mind, then in this case he just needs to withdraw his application from the accounting department.

Can an employer refuse to withdraw such an application?

According to the law, an employer can deny an employee leave if he later decides to quit and only give permission for dismissal and payment of compensation for unused leave.

Situations are different. And it may happen that your company urgently needs an employee who is on annual paid leave. Then the employer has no choice but to call him to work.

Revocation from leave under the Labor Code of the Russian Federation is possible only with the consent of the employee (Article 125 of the Labor Code of the Russian Federation). If, despite all your persuasion, he refuses to take his job until the end of his vacation, you cannot force him to do this. If the employee agrees to go to work, then the unused part of the leave at the employee’s choice should be provided to him:

or during the current working year at any time convenient for him;
or added to the vacation for the next working year (Article 125 of the Labor Code of the Russian Federation).

Who cannot be recalled from vacation

workers under 18 years of age;
pregnant women;
workers engaged in work with harmful and/or dangerous working conditions (Article 125 of the Labor Code of the Russian Federation).

By the way, people who combine work and study cannot be called from additional educational vacation.

How to write a vacation review

Recall from leave due to production needs must be properly documented.

Where to begin? Since the employee has the right to refuse early termination of leave, it seems logical if the employer first of all obtains the employee’s consent to interrupt his leave. An offer to an employee to come to work is drawn up in any form. For example, it might look like this.

Limited Liability Company "Kaleidoscope" Leading engineer S.A. Safronov

Message

dated 05/20/2016 No. 3

Due to production needs and the illness of the chief engineer of the project, A.P. Seleznev. We ask you to consent to withdrawal from annual paid leave from May 24, 2016.

In accordance with Art. 125 of the Labor Code of the Russian Federation, the part of the vacation unused in connection with the revocation will be provided to you at any time convenient for you in the current working year or can be added to the vacation for the next working year at your request.

Right on such a proposal, the employee can indicate that he agrees to go to work on a certain date and when he wants to take the rest of the vacation. Or a separate document can be drawn up in any form.>

Consent to recall from vacation (sample) to the General Director of Kaleidoscope LLC O.N. Pereverzev.

Consent to recall from vacation

I, Sergey Alexandrovich Safronov, agree to interrupt my vacation and start work on May 24, 2016. Based on Art. 125 of the Labor Code of the Russian Federation, I ask you to provide me with the unused part of the vacation in the amount of 6 calendar days from July 25, 2016.

Order to recall from vacation

After consent to recall the employee from vacation has been received, it is necessary to issue an order also in any form. It must indicate the reason for the recall, the date the vacationer returns to work, as well as the period when the employee will be given the unused part of the vacation. The employee must be familiarized with this order against signature.

Sample order to recall an employee from vacation Limited Liability Company "Kaleidoscope"

Moscow 05/23/2016

Order No. 11 - recall from vacation

Due to the illness of the chief engineer of the project A.P. Seleznev.

I ORDER:

Recall leading engineer S.A. Safronov. from annual paid leave from May 24, 2016
Provide Safronov S.A. unused part of vacation in the amount of 6 calendar days from July 25 to July 30, 2016.
Head of the HR Department N.A. Petrova make changes to the vacation schedule for 2016.

Reason: consent of Safronov S.A. for review from vacation dated May 23, 2016.

General Director (signature) Pereverzev O.N.

The following have been familiarized with the order:

Head of the HR Department (date, signature) Petrova N.A.

Leading engineer (date, signature) Safronov S.A.

Review from vacation in personnel documents

As is already clear from the text of the order, when an employee is recalled from leave due to production needs, a personnel service employee or accountant must make changes to vacation schedule. It can be done like this. In the line where the employee’s interruptible vacation is indicated:

in column 10 “Note”, note that a certain number of vacation days are transferred to another period;
in column 8 “Bases (document)” indicate the order for recall from vacation, its number and date;
in column 9 “Date of intended vacation” reflect the dates to which the unused part of the vacation is transferred.

IN time sheet days when the employee was on vacation are marked with the letter code “OT” or the digital code “09”. And the days when the employee was already working (after recall) - with the letter code “I” or the digital code “01”.

The fact of recall from vacation should also be reflected in employee personal card- form No. T-2 (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1). In column 4 of Section VIII of the card, you must indicate the number of days that the employee actually took on vacation. In this case, column 7 “Grounds” must indicate the details of orders for the employee’s leave and recall from leave.

Recalculation of vacation pay

When recalled from vacation, the employee does not take part of the vacation off. And vacation pay was accrued to him just for all days of the proposed vacation in accordance with the vacation schedule and was paid even before it began - no later than 3 days, as required by the Labor Code of the Russian Federation (Article 136 of the Labor Code of the Russian Federation). Accordingly, when recalling from vacation, it is impossible to do without recalculating vacation pay. After all, when subsequently providing the unused part of the vacation, the employee will need to calculate his vacation pay based on another billing period (Article 139 of the Labor Code of the Russian Federation).

Making a recalculation is quite simple. You need to multiply the amount of average earnings, on the basis of which the initial vacation pay was calculated, by the number of days of unused vacation. This amount will need to be withheld from the employee.

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.

A common reason for terminating a working relationship is voluntary termination. It is a universal and convenient form for terminating a working relationship for both parties.

Often, the employee finds a new place with better payment conditions or the employer agrees to such a compromise when the person commits serious offenses. However, there are often cases when an employee changes his mind or circumstances change due to which he wanted to leave his position.

The employee may take the opportunity to withdraw the specified application-appeal at his own request. This is done within the time period established by law and in compliance with the regulations.

Withdrawal of an application for dismissal at one's own request Art. 80 Labor Code of the Russian Federation

The implementation of the employee’s ability to cancel the work cooperation at his own request is expressed in writing a proper application. The document is submitted to management for review and within two weeks the employee will be fired.

For a better understanding of the situation, several main points of this procedure and the recall procedure should be highlighted:

termination of working cooperation may not be motivated. This is the employee’s desire and his right;
the same unconditional right is the employee’s withdrawal of his request for dismissal at his own request. There is no need to argue and convince management of the logic of the arguments;
the review is expressed in written format and called a statement;
There is no rigid form for the specified application-appeal. It is written freely and must clearly express the person’s desire to terminate the request to cancel the previous document.

The consequences of withdrawing a resignation letter are expressed in the completion of the process. The employee can resume his duties.

Is it possible to withdraw a resignation letter on the day of dismissal?

As stated above, the law establishes a 14-day period. It is calculated from the moment the application is submitted, and the day of termination of labor cooperation is usually considered to be the day following the last 14th day after the application was written.

Thus, the employee can withdraw the application within a 14-day period. This is usually done on the first day of the period or on the last. But it will not be possible to withdraw the application the next day after the end of the period. On this day, the employee will already be dismissed and he needs to be issued a work book.

In what cases is it impossible to withdraw a letter of resignation and in what cases is it possible?

The Labor Law establishes norms that exclude the possibility of withdrawing an application for the annulment of work ties at one’s own request. These include:

the expiration of the above 2-week period, after which the relationship between the employee and the employer will be terminated;
when management offered a vacant position to another employee. In this case, the invitation must be issued in writing. And such an employee must already terminate the relationship with the previous employer. Therefore, the return to work of a former employee will seriously violate the rights of the one who planned to work in his place;
When on vacation, you can withdraw your request before the vacation time begins.

Under other circumstances, it is possible to renew relations with management.

Within what period can I withdraw my resignation letter at my own request?

The general norm is 14 days. If the termination of the employment relationship is tied to going on vacation, then it can be resumed only before the start of the vacation.

Accordingly, in the case of vacation, the specified period depends on the time that will pass from submitting the application to the 1st day of vacation. If you miss this deadline, it will not be possible to return to your previous job.

For seasonal workers, those who work on a probationary period, the specified period is three days.

Sample application for withdrawal of resignation letter

There is no need to justify an appeal to your superiors or give reasons. It is enough to refer to Art. 80 Labor Code of the Russian Federation. The sample below is correctly formatted and compiled. Therefore, this form is suitable for commercial companies and budget organizations.

Can an application for leave followed by dismissal be withdrawn?

Often, an employee turns to the employer with a request to grant him annual leave with the impending termination of his employment relationship in the future. The employee writes a document for vacation and in it asks to interrupt the working relationship after the end of the vacation.

He can terminate his appeal before the start of his vacation. If the vacation has already begun, then nothing can be done. You should be on time on the final day before the start of your vacation.

Is it possible to withdraw a resignation letter by agreement of the parties?

The privilege to revoke dismissal at his own request belongs to the employee. He does not need to coordinate with the employer the implementation of these powers. If we talk about extending the period for resuming working relations, then this is impossible.

Agreement with the employer cannot override the provisions of the law. And the Labor Code of the Russian Federation establishes clear rules for the cancellation of such relationships and their resumption.

Is it possible to withdraw a resignation letter if an order has already been signed?

The signed decree represents the finale of the entire procedure. Cooperation is considered terminated if it is signed, and, in fact, there is nothing to revoke.
After all, the employee no longer works in that institution. Therefore, the document on the resumption of work has no legal force and will not entail actual consequences.

Refusal to withdraw an application for resignation of one's own free will - reasons

It is possible to reject a request only for reasons specified in the law. Arbitrary interpretation of the norms of the Labor Code of the Russian Federation is not allowed. If the position has already been offered to a new employee, then a refusal will most likely follow. In addition, missing the deadline will be an unambiguous basis for refusal.
Also, incorrectly drafting an application may become grounds for refusal.

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Recall from vacation at the initiative of the employee

Early termination of leave at the initiative of the employee (the so-called recall from leave at the initiative of the employee) is not provided for by labor legislation, although it is not directly prohibited.

To transfer vacation (Article 124 of the Labor Code of the Russian Federation):

The employer's consent is not required, however, the timing of the transfer is determined by him taking into account the wishes of the employee if the vacation is postponed for one of the reasons:
- due to temporary disability of the employee;
- performance by an employee of state duties during vacation in cases specified by law;
- in other situations regulated by law.
The employer's consent is not required, and the transfer period is determined by the employee if:
- the employee was not paid vacation pay on time (i.e., later than 3 days before the start of the vacation, see letters from Rostrud dated March 22, 2012 No. 428-6-1, dated July 30, 2014 No. 1693-6-1);
- the employee was notified of the start of the vacation later than 2 weeks before it began.
The employer's consent is required if the leave is postponed for personal reasons of the employee.

Application for recall from vacation at the initiative of the employer

Recall of an employee from vacation at the initiative of the employer is carried out only with the written consent of the employee (Article 125 of the Labor Code of the Russian Federation).

employees under 18 years of age;
pregnant women;
workers working in harmful and dangerous working conditions.

A notice of recall from vacation is drawn up in free form and sent to the employee.

IMPORTANT! Returning early from vacation at the request of the employer is the right, not the obligation of the employee. Likewise, the employee is not required to notify the employer of receipt of notice of revocation or of his refusal to withdraw.

A sample message about recalling an employee from vacation can be downloaded below: Message about recalling an employee from vacation - sample.

A template by which an employee’s consent to such a review can be drawn up is available at the following link: Employee's consent to recall from vacation - sample.

If there was no consent to recall from vacation, but the employee returned to work

If there were some agreements between the employee and the employer about the employee’s unofficial performance of his job duties without proper formalization of the recall from leave, in the future it will be difficult for the employee to prove the fact of violation of his labor rights.

For example, in the event of a dispute between the parties to an employment contract, the court will evaluate, among other things, the following facts and circumstances:

compliance of the employer’s actions regarding the registration of leave (issuance of an order, payment of vacation pay, the fact of sending a recall from leave and obtaining the appropriate consent, etc.) with the requirements of the law;
the employee has certain knowledge in the legal field;
other facts proving that the plaintiff performed actions similar to his job duties, not on his own initiative.

Often, employees who performed their labor functions during the vacation period at the initiative of the employer refer to witness testimony or documented evidence (for example, the fact of the employee’s participation in court as a representative of the employer is confirmed by entries in the protocol, the submission of documents for registration is confirmed by the signature of the plaintiff in official documents).

At the same time, some courts are very critical of this type of evidence (for example, the appeal ruling of the Chelyabinsk Regional Court dated 03/09/2017 in case No. 11-2618/2017).

However, not all judges adhere to this position. In situations where we are talking about access to special equipment, dangerous and harmful work (i.e. work that requires obtaining the necessary approvals and permits from the employer), the fact that the employee was called to perform labor duties is usually recognized by the court as proven even in the absence of proper documentation (for example, the decision of the Zheleznodorozhny District Court of Samara dated November 23, 2016 in case No. 12-987/2016).

So, the possibility of officially leaving vacation on the initiative of the employee of the Labor Code of the Russian Federation is not provided for, although it is not prohibited. If an employer calls an employee back from vacation, he must obtain consent from such employee. Agreeing to return to work duties before the expiration of the initial leave period is a right, not an obligation, of the employee.