Is it possible to work while on vacation (how to conclude a contract)

The vacation period is a time of rest. But there are situations when the employee continues to perform his duties further.

The justification for such labor diligence becomes a material basis, when the employee is paid for his work actually performed during non-working hours. This may cause some complaints from the labor inspectorate, as it indicates a violation of human rights to rest.

Therefore, the employer must know how to properly formalize such engagement in order to comply with legal regulations and complete the required amount of work.

Basic Concepts

Vacation is a temporary break in work activity when a subordinate is released from performing production duties. Showing concern for its citizens, the state guarantees the safety of jobs and average monthly earnings, which is reflected in Art. 114 Labor Code of the Russian Federation. In modern practice, the following types of vacations are used:

basic;
additional;
without saving your earnings.

According to ILO Convention No. 132, adopted in 1970, which Russia ratified in 2010, a single minimum vacation period is established for all employees. Article 122 of the Labor Code of the Russian Federation contains a list of employer responsibilities, among which the most important is providing all employees (not taking into account the type of contract) with paid leave for a period of 28 days. Regardless of the type of vacation, its duration is determined by the calendar, however, this does not include holidays and weekends.

Management, taking into account its production and financial capabilities, has the right to increase this period. The conditions and rules for its provision must be fixed in a collective agreement or local regulations - LNLA. However, regardless of this, the legislator identifies special categories of employees who are entitled to extended periods of rest. These include:

persons under the age of majority;
masters teaching production skills;
medical and healthcare workers;
teachers of general education, secondary specialized and higher educational institutions.

Each employee is required to rest annually, but if it is not possible to use the provided days on time, they are allowed to be transferred to the next calendar period. According to the Labor Code of the Russian Federation, such castling is possible no more often than once every two years. The employee has the right to split the vacation period, as well as replace part of it with cash. However, on the basis of Art. 126 of the Labor Code of the Russian Federation, he can receive compensation if:

took the required minimum of 28 days off, but still had unfulfilled days;
Leave is not additional and is not granted due to work under special conditions.

Attention! Consequently, everything that is reflected in the Labor Code of the Russian Federation and the Leningrad Law must be strictly observed, because the legislator prohibits independently changing the periods of work and rest.

Payment period

By law, salaries must be paid twice a month. The employee receives first an advance and then the principal amount. Along with the salary, temporary disability benefits are also paid.

Excerpt from Article 136 of the Labor Code of the Russian Federation

Employees have the right to leave once a year while maintaining their job and average salary. An employee must receive vacation pay 3 days before going on vacation.

It is also not prohibited to pay these funds ahead of schedule. Many employers do not particularly want to pay funds after the vacation has begun, since sanctions and fines are possible in the event of an audit.

There are special schedules indicating vacations. This is done in order to notify the employee in advance about the start of the vacation and prepare the money for him.

Vacation pay must be paid to the employee no later than three days before the start of the vacation.

Important ! If the period before the vacation falls on a holiday, weekend or any other day when the employee should not be at work, then vacation pay is paid on the working day that falls before the weekend or holiday.

The same rule applies to salary transfers. Banks and other organizations do not make payments on weekends, which means that funds will be transferred on a working day and before the start of the vacation.

Legality of recall from vacation

The days of absence of a subordinate from the enterprise due to rest are recorded in the working time sheet. This information serves as the basis for calculating vacation pay and wages. Consequently, a person cannot go to work during this period, since according to his documents he is absent. But he has the right to use his free time as he wishes and earn a little money. In practice, there are several options for working during a planned vacation:

working from home or remotely while on maternity leave (caring for a child up to 1.5 years old);
temporary labor activity under a civil labor contract;
returning to one's position upon the employer's recall due to operational necessity.

If you conclude a temporary contract with your own director and return to performing direct functions, inspectors may suspect that such actions mask an illegal refusal to take leave. The way out of this situation is:

Drawing up a civil contract and performing a one-time task without reference to the internal regulations of the enterprise.
Return to your duties in full with further registration of suspension of leave. To do this, the director must recall the employee, describing the situation, and interrupt his legal rest.

It is important to know! A manager recalling his employee is a common procedure that allows him to return to the enterprise. At the same time, they are not forced to work while on vacation, but they are trying to obtain consent in order to attract him to full-time work.

Legal documents

Legal standards in the field of labor make it possible to resolve the issue of whether it is possible to continue working during vacation, and also provide for the possibility of recall in connection with the need that arises at work. All aspects of this procedure are reflected in detail in Art. 125 Labor Code of the Russian Federation. It clearly states that the employee has the right to interrupt his vacation and return at the request of management only at his own request. In this case, the vacation can be divided into parts, one of which must be at least 14 days.

If such a situation arises, the remaining unrealized period must be provided to the employee at any convenient time of the current calendar time. In addition, it can be added to the next year's vacation. He also has the right to demand payment of compensation for days not taken off, and the employer is obliged to satisfy his request.

Causes

In most cases, the need for a vacation employee to be present at the enterprise is accompanied by a recall notice due to production necessity. However, such a formulation does not reflect the true reason, and therefore does not suit representatives of the inspection authorities. In this regard, the employer tries to justify its actions in more detail, despite the fact that the Labor Code of the Russian Federation does not contain a list of grounds for such a measure. Thus, a manager can interrupt a subordinate’s rest in the following cases:

dismissal of an employee who was temporarily acting as a vacation worker;
an inspection or audit that was not planned in advance;
the need to carry out repairs or replace outdated equipment;
emergency situation - fire, flood, hurricane, earthquake;
the need to replace an employee who experiences force majeure circumstances.

This list is not complete or exhaustive. A wide variety of situations can be added to it. However, whatever the circumstance, it must be appropriately reflected in personnel documentation.

Who cannot be recalled

The legislator clearly regulates the procedure for early recall to work, while identifying several categories of employees whose vacation is prohibited from being interrupted under any circumstances. These include:

employees who have not reached the age of majority;
women on maternity leave and parental leave for up to 1.5 years;
employees with a disability confirmed by a medical certificate;
persons performing labor functions in an environment with harmful and dangerous conditions.

It is not recommended to recall the above-mentioned employees to work, even if they themselves do not object to interrupting their rest and returning to their duties.

Rules for drawing up a civil contract

First of all, civil law relations do not allow duplication of labor functions. Therefore, such an agreement should not contain professional terminology:

worker;
disciplinary standards;
routine;
salary.

But it must contain an acceptance certificate for the work performed. Moreover, this is stipulated in writing in case of an explanation with the labor inspectorate or tax authorities.

There are no parallel options for earning additional income during a planned vacation. But, unfortunately, in practice sometimes there are illegal schemes. If an employee is irreplaceable and his experience is too valuable for the employer, then management can only entrust urgent work to him.

For example, an employer may enter into a fictitious contract for work with another employee and entrusts an important task to a valuable “vacation worker.” Of course, this is a gross violation that inspectors of the State Labor Inspectorate will easily reveal.

Among the work methods that inspectors use, there is not only monitoring of accounting documents and personal cards of personnel. Inspectors can resort to personal communication with employees, after which the real picture in production becomes extremely clear.

Procedure for filing a recall from vacation for work

In order for a vacation review to look legitimate, it must be properly completed and each stage must be documented. The procedure is not difficult if the employee agrees.

The head of the unit is obliged to draw up a memo and submit it to the director of the enterprise. It should contain information about the need to recall the subordinate and the reason for such a step.
After reviewing the document, the director puts his resolution on the document and transfers it to the personnel service.
Here the employee writes a notice, which is sent to the subordinate for review. He has the right to refuse or agree by making a mark on the form. Next, the text of the order is drawn up using a standard template. After management approval, the document is printed in two copies, one of which is given to the employee for review.

It is important to know! The initial part of the form should reflect the grounds for the recall, and the other part should contain an order regarding the date of the subordinate’s return to work, the period for providing unfulfilled days, adjusting the vacation schedule, and recalculating funds paid for vacation.

Next, a copy of the order is transferred to the accounting department for recalculation of the issued funds. Since the employee received the entire amount for the full vacation period, which was not realized in full, it is logical that a certain part should be withheld from him. For this purpose, the accountant is obliged to calculate vacation pay taking into account a different billing period, as required by Art. 139 Labor Code of the Russian Federation. To do this, the value of the average daily earnings must be multiplied by the number of unused rest days. The amount received must be deducted from the salary.

Part-time work during vacation

If a person works part-time, then while on vacation, he does not have the right to earn extra money somewhere else.

According to Art. 282 of the Labor Code of the Russian Federation, combination work is the implementation of labor activities under the terms of a concluded contract, in free time from the main job. In accordance with Art. 286 of the Labor Code of the Russian Federation, vacations at the main and secondary places are issued in the same period. Even if 6 months have not passed since the date of employment, rest days are provided to him in advance. In the event that the number of vacation days does not match, the head of the non-core enterprise issues him a vacation at his own expense.

Despite the fact that the formulation “free time from work” is ideally suited to a period of rest from work duties, a contradiction arises.

According to Art. 282 during vacation at the main enterprise, a citizen has the right to perform other part-time work.
On the basis of Art. 286 vacations in both organizations must be issued at the same time.

Attention! The Legislator can resolve such a discrepancy if he makes amendments to the provisions of the Labor Code of the Russian Federation.

The issue of payment of vacation pay along with salary

Legislatively, salary payments and all the nuances are enshrined in Article 136 of the Labor Code of the Russian Federation, which also stipulates the deadlines. Funds are paid twice a month, unless there are other conditions in the employment contract.

In addition, the employee has the right to receive funds for temporary disability and other compensation, including for not using legal leave. It is worth remembering that, as a rule, it is impossible to receive money for annual leave along with your salary, but this is not prohibited by law. In this case, however, all funds for vacation pay and salaries are calculated from the organization’s single reserve.

Important ! It is clear that it is better for accountants to deduct funds up to three days before the employee goes on vacation. This is due to the fact that documentation may be delayed and if funds go through the cash register, then it is better to pre-pay the required funds to the employee.

As a rule, wages and vacation pay are not paid together

Vacation pay is not a constant amount - everything is calculated based on the duration of the settlement period, total income, payments, average earnings per day and the number of vacation days.

The amount of vacation pay varies for everyone. These funds are not paid as a lump sum with the salary. Three days are specifically provided before the start of the vacation.

Working on maternity leave

A woman who is on maternity leave is not prohibited from carrying out production activities during this period. The law allows her to work both at her main place and part-time, but with one condition - if the working day is incomplete. Thus, the question: is it possible to work on vacation disappears from the very beginning. She herself should be interested, since this procedure preserves her right to receive benefits for caring for an infant up to one and a half years old.

A young mother has the right to independently form her daily routine and choose an employer. She is also free to agree to the proposed conditions. For the convenience of combining work and child care, the most acceptable employment options are:

home work;
distant work;
return to main responsibilities at the enterprise with a reduced schedule.

It is important to know! While on maternity leave, a woman has the right to decide whether to continue her productive activities or devote all her free time to caring for the baby, since the law allows her to do this.