Due to production needs, I ask for your permission. Order on work on weekends due to production needs Order on work on production needs

An employer may need to recall an employee from vacation. As a rule, the reason for this is production necessity, the absence of an employee, a replacement employee who has gone on vacation (for example, due to sick leave). The employee’s right to agree or refuse an offer to return to work early from vacation.

The procedure for recalling employees from vacation is regulated by Article 125 of the Labor Code of the Russian Federation. First of all, the enterprise must prepare an official (report) memorandum justifying the need for the employee located in the workplace to be at the workplace. The memo is usually drawn up by the head of the department where the employee works.

The report is sent to the head of the organization. An order is being prepared to recall the employee from vacation. If the employee agrees to interrupt his vacation and return to work early, then the vacation pay will be recalculated. Vacation days not taken off are retained by the employee and can be provided to him at any time convenient for him. If an employee does not want to interrupt his vacation, then he has every right to do so.

The Labor Code restricts the employer from recalling workers from vacation. Pregnant women, minors and people working in hazardous conditions are not subject to early recall.

In this article, we suggest downloading a sample order for recall from vacation due to production needs. The free download form is at the bottom of the article.

How to correctly fill out an order for recall from vacation?

The document does not have a unified form; it is prepared in free form on the organization’s letterhead. An order receives an individual number when registered in the order journal. The date of registration is indicated next to it.

The text should reflect:

reason for recall - for example, production necessity, sick leave of other employees;
the basis for preparing the order is a memorandum from the head of the unit;
Full name of the employee, his position;
the date from which he must return to work;
order to recall from leave;
an indication that the remainder of the leave will be provided to the employee in the future.

The order is approved by the director of the company and brought to the attention of the employee, who must also put his signature at the bottom of the form.

In the event of emergency situations, the employer has the right to involve employees in overtime work, call them on weekends, holidays, postpone vacation or recall them from it. We'll tell you in this article how to do this legally.

In the article:

A set of ready-made samples for work:

When can you be hired to work without consent due to production needs?

According to the general rules, employees can be invited to go to work on weekends or holidays only after receiving their written consent and only in those situations provided for in Article 113 of the Labor Code. In some cases, it will not be necessary to obtain employee consent to work on these days.

What is a production necessity that requires you to work on a weekend or holiday without obtaining the employee’s consent:

Prevention or elimination of the consequences of industrial accidents, catastrophes, natural disasters.
Preventing accidents, as well as situations of destruction or damage to property.
Carrying out work the necessity of which is associated with the introduction of a state of emergency, martial law, as well as in any other cases that threaten the life and normal living conditions of the population.

In a word, production necessity arises in extraordinary situations in which the employer has the right to involve staff in overtime work on weekends and holidays, make a temporary transfer, as well as recall from vacation or transfer its days to another time and so on.

A tip to the HR manager. How to arrange a transfer of vacation due to production needs

Production necessity is not included in the Labor Code in a single comprehensive concept as a separate article that would regulate all issues related to the direct actions of the employer in the event of extraordinary situations. But even in such situations, it must be taken into account that employees have the right to rest on certain days. Article 113 of the Labor Code of the Russian Federation states that during this time an employee cannot be involved in work.

However, if unusual situations arise, the employer is obliged to organize emergency elimination. In this regard, it is permissible to involve employees in performing job duties on weekends and holidays.

3 situations in which you can attract employees to work on weekends and non-working holidays without their consent

To prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster
To prevent accidents, destruction or damage to the employer’s property, state or municipal property
To perform work that is necessary due to the introduction of a state of emergency or martial law

If the work is not caused by these situations, personnel can only be recruited with their consent.

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Who cannot be recruited to work even for production purposes

Regardless of whether there is a production need, the Labor Code of the Russian Federation prohibits the following categories of workers from being involved in work on weekends and holidays:

pregnant women;
minors (if they do not belong to professional athletes and creative workers).

Disabled people and women who have young children under three years of age may be called to work on weekends or holidays only if performing the relevant work is not prohibited for them for medical reasons. The employer is obliged to familiarize such categories of employees with the right to refuse work on weekends and holidays. The same restrictions apply to those who have disabled children or are raising children under the age of five alone (Articles 113, 259 of the Labor Code of the Russian Federation, paragraphs 4 and 7 of Rostrud recommendations No. 1 of June 2, 2014).

Call to work from vacation due to production needs

According to the Labor Code of the Russian Federation, a production need may arise during an employee’s next paid vacation, for example, when the organization:

carry out an unscheduled inventory, during which the financially responsible person must be present at work;
undergoes an on-site inspection by the labor and tax inspectorates;
Some problems have arisen that affect the work of the entire company, and so on.

In accordance with Article 125 of the Labor Code of the Russian Federation, the employer has the right to interrupt vacation only with the consent of the employee. The review is formalized by an order, which is drawn up in any form, where the employer indicates: “ Due to production needs, I order the economist Kondratiev to be recalled from vacation...».

Order to recall from leave due to production needs

The employer can call from annual leave an unlimited number of times if the employee is not subject to the ban on recall (in accordance with part two of Article 125 of the Labor Code of the Russian Federation) and the employee himself agrees to interrupt the vacation. All unused vacation days must be provided in the current year or, as a last resort, timed to coincide with the next vacation. Also, when recalling, you need to take into account that the employee can use an indivisible part of the vacation, which is 14 days.

In case of production necessity, the employer may change the time of the next vacation specified in the vacation schedule. When transferring vacation, the employee must use all allotted days no later than the next 12 months immediately after the end of the working year for which the vacation was provided. The exception is certain categories of workers and civil servants, for whom this rule applies with restrictions. This procedure is provided for in Article 124 of the Labor Code.

An expert from Sistema Personnel will tell you whether it is possible to involve an employee in disciplinary liability for refusal to take annual leave

Who is covered by the ban on recall from leave for business reasons?

Even production necessity and written consent are not considered sufficient grounds for recall from vacation.

employees under 18 years of age;
pregnant women;
employees who are engaged in work with harmful and dangerous working conditions.

The relevant rules are established in Part 3 of Art. 125 of the Labor Code of the Russian Federation. It is also unacceptable to recall from vacation those who have used all parts of a vacation of shorter duration and are in an indivisible part of 14 calendar days.

Production necessity: temporary transfer of an employee

Without the consent of the employee, you can transfer to a job of any qualification in cases where it is necessary to prevent or eliminate the consequences:

natural and man-made disasters;
industrial accidents;
industrial accidents;
fires, floods, earthquakes;
famine, epidemics, epizootics;
other exceptional cases that threaten the life, health, and normal living conditions of the population.

When temporarily transferring foreign employees for all the above reasons, the employer has the right not to take into account the profession or specialty, position or type of work activity specified in his work permit or patent.

An expert from Sistema Personnel will tell you in detail how to arrange a temporary transfer of an employee to another job. The article describes all methods of temporary transfer: without consent, with the consent of the employee, by agreement of the parties.

Production necessity may arise in unusual situations in which: the employer has the right to involve employees in overtime work, work on weekends and holidays; make a temporary transfer, recall from vacation or transfer his days to another time, and so on.

Our lives do not stand still, and sometimes unforeseen emergency situations occur during our work activities. If at this point in time you are on a well-deserved vacation, then you should know that the employer has every right to recall you from vacation. This situation is called production necessity. The Labor Code of the Russian Federation of 2017 enshrines this right in Article 722.

What does Article 722 say?

According to the article, the employer has the right to transfer his employees for a period of up to one month to work that is not specified in the employment contracts concluded between them. The consent of workers is also not necessary. Written consent is required if the employee is transferred to a job with lower qualifications than he has. Transfer in case of production necessity occurs in the following cases:

1. Disasters caused by natural or man-made causes.

2. Fires.

3. Earthquakes.

5. Epidemics.

In short, in all those situations that threaten the health and life of the population.

During these cases, all the efforts of workers will be aimed at eliminating the causes of negative influences. Workers will have to eliminate the causes of production downtime or replace other workers whose absence is caused by the above factors.

It should be noted that if the schedule is changed due to production needs, the employee’s consent is not required. Of course, if this change is associated with the occurrence of emergency situations.

What types of production needs can be distinguished?

Very often, employers pronounce the words “production necessity” in all cases in which they want to see a worker at work during periods of his vacation or after the end of working hours. Nevertheless, the legislation of the Russian Federation assigns the following grounds to this concept:

1. Disasters and emergencies of a civil and military nature.

2. Man-made and natural disasters.

3. Unforeseen production downtime (reasons may vary).

4. Replacement of an employee whose absence was due to an emergency.

5. Restoration of damaged property belonging to the organization.

In the case of replacing an absent employee, a transfer is possible not only for a period of up to one month, but also for the entire period of his absence.

In what cases can employers not call subordinates back from vacation?

It is impossible to force an employee to go to work according to the production necessity established (as amended in 2017) by the Labor Code of the Russian Federation if the performance of new duties is impossible due to the health of the subordinate. It is also impossible to involve workers in new work for more than one month within one calendar year. You can be called back from vacation more than once, but only if the month period during the period of these calls has not expired.

The decision of the Russian Supreme Court No. 2 of March 17, 2004 established that an employee’s written refusal to take leave will not constitute a disciplinary offense, and management has no right to punish the employee for this.

Overtime work. What does the Labor Code say about it?

Art. 99 of the Labor Code of the Russian Federation stipulates that the employer can take the initiative to leave a worker at work beyond the duration of his working hours if it is necessary to finish work already started. Moreover, these should not just be working moments, but if, as a result of an unfinished work process, conditions may arise that lead to damage and destruction of production property, as well as conditions that can lead to the loss of human life or health.

As Art. 99 of the Labor Code of the Russian Federation, with the consent of the employee in writing, the manager may leave him overtime if:

It is necessary to carry out temporary repair work on the organization's equipment. Moreover, if its malfunctions lead to the deprivation of working conditions for a large number of workers.
There is a need to replace a shift worker who does not show up for work, especially if breaks in work are unacceptable.
Without consent, workers are involved in work for the following reasons:

to carry out work aimed at eliminating the causes of accidents, disasters and other consequences of emergency situations;
during the introduction of mobilization;
to eliminate the consequences of natural disasters caused by natural and man-made impacts.

Each worker may be involved in overtime work no more than four hours per day and 120 hours per year. The employer is obliged to follow these standards.

Who is prohibited from engaging in overtime work?

The legislation of the Russian Federation has secured such privileges for the following citizens:

Pregnant women.
Citizens of Russia who have not reached the age of majority (18 years).

With written consent, disabled people and women with dependent children under three years of age can be involved, of course, if they do not have contraindications due to health reasons. In addition, these persons may refuse to perform these duties at any time.

Procedure for recalling an employee from vacation

Recall from regular leave due to production needs is not an easy procedure. Sometimes the word “production necessity” alone is not enough in an order; inspection organizations may have questions about this.

Besides, one order will not do it. The most difficult thing will be to find a worker who is on vacation. Often people prefer to spend their holidays visiting relatives or parents living in other cities and towns, and some like to “soak up” in warm countries outside their own country. At the same time, no one is obliged to notify their superiors about their plans; this is not enshrined in labor relations legislation. But it is possible that these provisions will be enshrined by the employer in the internal acts of the organization. At the same time, these orders and instructions are advisory in nature for employees, and personnel service employees, for their information, can ask for information about the whereabouts of employees going on vacation.

Before calling a vacationer, a memo is written, and after informing the worker about his early return to the workplace, it is necessary to wait for his written consent to this. And after this, the manager has the right to issue an order indicating the reasons for the call. Types of production necessity without the employee’s consent are enshrined in Article 722.

What is a memo?

The note describes all aspects of the unexpected situation that occurred and indicates the reasons for calling the employee to work. The text of the note is formatted in any form. A sample could be like this:

In connection with the changes that have occurred in the well-established work of the workforce (excavator operator Vladimir Ivanovich Ivanov’s illness), I propose calling citizen Nikolai Anatolyevich Petrov from his next paid leave to prevent the production process from stopping for the period until citizen V.I. Ivanov fully recovers.

The note is drawn up by the head of the team or site where the vacationer works. He submits it to the immediate production manager for resolution. He, in turn, can refuse, agree, or make his own changes to the text of the note, for example, call another citizen back from vacation, if there is one.

Notifying a vacationer about a call

You can inform the employee about the difficulties that have arisen by calling him, but it is best to issue a call in an official letter, where you indicate in detail the reason for the production necessity enshrined in the Labor Code of the Russian Federation. There were no changes in this regard in 2017. To avoid further conflicts, the citizen should be explained his rights regarding refusal of the offer.

How to properly recall a worker from vacation?

In order to avoid future problems with labor inspection organizations, the order must reflect the following information:

If the employee plans to return to work after the recall, then this date must be indicated; if he plans to take further rest, then indicate the duration of the recall.
In case of unfinished vacation, the method of using the remaining days is indicated.
Data on recalculation of vacation pay and wages.

Recall from vacation due to work processes

Sometimes an employee is needed to sign important documents or collect certain information. Such points are not enshrined in law. Therefore, these cases are negotiated between the employer and the worker on a contractual basis.

How to manage the remaining vacation days?

There are several ways to spend your remaining days:

Postponement of vacation due to production needs. Use free days next year or spend them during this calendar year.
Take statutory monetary compensation.

How is vacation pay recalculated when a worker returns to work?

These problems will fall on the accounting staff. After all, the calculation of vacation pay and the calculation of wages are carried out differently. These are different methods of calculation, reporting and accounting for taxation.

Sometimes, for a spoiled vacation, an employee is paid a one-time monetary incentive, which, although not much, warms his soul.

A few words in conclusion

You always want relationships in your work team and with your superiors to be at their best. Harmony and mutual understanding make a good contribution to the common cause. Nevertheless, it is necessary to use Russian legislation. The concept (both previously and with amendments in 2017) of the Labor Code of the Russian Federation “production necessity” will always help the manager to take advantage of this right to solve urgent work problems, and the subordinate to know his rights during a well-deserved rest.

It can be developed individually in an institution and approved by local documents in force at the enterprise. A sample form can be downloaded on the Internet. When drawing up an order, a short thesis defines its essence, that is, in this case, the assignment of duties to a temporarily absent employee. The position and personal data of the absent employee are indicated, for example, in connection with the presence of the chief accountant Elena Dmitrievna Davydova on another (additional or other type of leave), period of absence. In the text part itself there is an assignment of specific responsibilities to a specific person and the payment procedure. The basis for issuing the order is Art. 62, art. 151 Labor Code of the Russian Federation. How to issue an order to assign duties The head of an enterprise is a person like everyone else. He may get sick, go on a business trip due to work needs, or take another vacation.

Order on assigning duties during vacation: sample

Labor Code of the Russian Federation An administrative penalty was applied to the employee, excluding the possibility of the employee fulfilling his duties under the employment contract Part 2 of Art. 83 of the Labor Code of the Russian Federation If the transfer cannot be made, the employment contract is terminated on the basis provided for in clause 8, part 1, art. 83 of the Labor Code of the Russian Federation Expiration or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee performing his duties under the employment contract Part 2 art. 83 of the Labor Code of the Russian Federation If the transfer cannot be made, the employment contract is terminated on the basis provided for in clause 9, part 1, art.

How to formalize the assignment of duties to a temporarily absent employee?

Attention

Two Ways to Assign Responsibilities to Additional Positions There are various reasons when an employer or employee may need to change the scope of responsibilities. For example, a position is being reduced, and another competent employee agrees to take on a new activity for additional pay. Or the employer wants the employee to perform additional functions for which he has enough working time (for example, a courier can receive calls while in the office).

The Labor Code of the Russian Federation sets out 2 options according to which an employee can be assigned new responsibilities: internal part-time work and combination work. When choosing the first or second, the employer focuses on whether specific hours can be allocated for additional duties, or whether they are distributed differently during working hours. The characteristics and differences of these two methods are shown in the table.

Every person has the right to vacation. However, given the fact that each staff unit in the organization performs its own duties, during the absence of an employee, his duties are usually assigned to another person. Moreover, such an action must be documented in full compliance with regulatory requirements. How is transfer of responsibilities possible? We will talk about this in this article.
You need to understand that the assignment of any duties to an employee, not necessarily temporary, but also permanent, must be formalized by an appropriate order. If we are talking about the full assignment of responsibilities in connection with the dismissal or reduction of an employee, then changes are also made to the job description.

Order on assignment of duties: subtleties of the issue

However, in a number of cases, the Labor Code allows the transfer of an employee to another job without taking into account his wishes. This kind of situation may arise in the following cases: 1) production necessity (Article 26 of the Labor Code). In particular, to prevent and eliminate natural disasters, industrial accidents, accidents and other exceptional cases, as well as to replace an absent employee.

Important

Moreover, in the first case, the transfer period cannot exceed one month, and in the second - one month during the calendar year. The employee’s remuneration for this period cannot be lower than the average earnings for his previous job; 2) downtime (Article 27 of the Labor Code). If an employee refuses to perform his job duties in the above cases, he may be dismissed at the initiative of the administration on the grounds provided for in Art.

33 Labor Code. 2. In your case, the option of combining professions is also possible.

Is it possible to assign additional responsibilities to an employee and how to do this?

Info

Documentation We should not forget that any substitution during vacation must be documented, as well as in accordance with all the rules in accordance with Labor legislation. More details about the replacement procedure can be found in Art. 60.2 and art. 72.2 of the Labor Code of the Russian Federation, which provides for regulations for drawing up an order, issuing a permit, and recalculating wages that an employee is entitled to with an appropriate additional payment for combining old and new duties. At the same time, you need to understand that there are several ways to assign additional responsibilities to an employee during a person’s vacation, each of which has its own personal characteristics.

Labor Code of the Russian Federation Temporary transfer One of the convenient ways to register a working employee to temporarily fill the position of another person is transfer. According to Art.

How to assign additional responsibilities to an employee

As Part 2 of Article 57 of the Labor Code states, it must indicate the work function of the person being hired - work in one or more specialties within the qualifications. Naturally, a range of specific responsibilities is outlined. If this “circle” somehow changes, the employment contract will have to be adjusted.

FOR YOUR INFORMATION! No one can oblige an employee to perform work that is not specified in the employment contract. All actions to change the main document are carried out exclusively with the prior consent of the employee 2 months before the planned changes in response to written notification to management.

Job description. The employer can choose the duties it requires from the employee. If the legal conditions set out in the employment contract, and most importantly, the work function, do not change, then the manager has the right to change the job description without taking into account the opinions of employees.

Transfer of an employee due to production needs

Is it possible to assign additional duties to an employee, if necessary, while increasing wages? Does an employee's refusal to perform these duties constitute grounds for dismissal? Establishing the volume of work performed by an employee for a certain position, specialty or qualification is one of the essential conditions of the employment contract (Article 15 of the Labor Code). As a general rule, the administration of an enterprise cannot require an employee to perform work that is not stipulated by the employment contract (Article 24 of the Labor Code). Meanwhile, in a number of exceptional cases, situations of this kind may arise.

From the point of view of labor legislation, we can talk about either a transfer to another job at the same enterprise, or a change in significant working conditions. 1.
Assignment of duties to a temporarily absent employee (RB) The legislation of Belarus also provides for two options. We are talking about substitution and combination. The first is release from main duties and assignment of what the absent employee was doing. The second option involves double load. Substitution can be made with the consent of the worker.
There are exceptions. In cases where there is a threat to the life of the population, people can be transferred without consent. This is all reflected in the documentation. Usually the transfer (combination) occurs by agreement. That is, the employee is offered to take up other work for a while.
He signs the appropriate paper, which indicates the terms and amount of payment. It is prohibited to set a salary that is less than what the person previously received.

This basis allows you to establish a probationary period when hiring an employee. Option 3. How to appoint an acting person? There are two options: 1. If you want to appoint an acting person to replace any employee who is unable to perform his duties, then this is a temporary transfer.2.

The appointment of an acting person for a vacant position is not allowed - the labor legislation of the Russian Federation does not know this type of transfer. If, nevertheless, an employee is appointed acting for a vacant position, then this will be considered a transfer of the employee to another job, and permanently. Example 1. An employee worked in an organization at his main place of work.

Then, by order, he was transferred to another position, but part-time, and an entry about the transfer was made in his work book.

According to general rules, an employer should not require an employee to perform work not specified in the employment contract (Article 60 of the Labor Code of the Russian Federation). When transferring an employee to another job, even temporarily, do not forget that this can only be done with the consent of the employee. The exception is a transfer for 1 month due to production needs.

What is production necessity

Organizational management now uses the phrase “production necessity” too often to justify unlawful actions on their part when transferring an employee.

What, according to the legislation of the Russian Federation, is a production necessity?

Production necessity should be considered the occurrence of force majeure circumstances that could not be foreseen in advance.

In Art. 74 of the Labor Code of the Russian Federation provides a list of cases of production necessity:

prevention of accidents at work;
elimination of fires, accidents and man-made disasters;
eliminating the consequences of natural disasters: floods, famines, earthquakes and other natural phenomena;
elimination of epidemics or epizootics that threaten the life or living conditions of the population or part of it;
prevention of downtime caused by economic, technological, technical or organizational processes;
destruction or damage to the organization's property;
replacing an absent employee.

The presence of these emergency circumstances is necessary in all cases of temporary transfer to another job due to production needs, which is confirmed by the decision of the Supreme Court of the Russian Federation.

Translation Features

The legislation of the Russian Federation limits the transfer of an employee to temporary work by a number of the following conditions:

the transfer of an employee due to production needs can be carried out only within one employer; transfer from a branch to the head office is permissible and vice versa; transfer between different organizations of the same holding is prohibited;
the term of this transfer cannot exceed 1 month;
a transfer to replace an absent employee may be of a recurring nature, but cannot exceed 1 month during a calendar year (from January 1 to December 31); with the written consent of the employee, a temporary transfer may have a longer period;
the work should not be contraindicated for the employee due to medical reasons, but it is necessary to have documents confirming these medical contraindications;
wages should not be lower than the average earnings at the previous place of work, as well as the tariff rate at the new place;
transfer due to production needs must be made taking into account the specialty and qualifications of the employee;
It is possible to transfer an employee to a job of lower qualifications only with his consent.

Despite the fact that the legislation of the Russian Federation limits the temporary transfer of an employee to a number of conditions, at the same time it gives the employer the unconditional right to transfer the employee without his consent to work not stipulated by the employment contract in cases of production necessity.

An employee cannot refuse this type of transfer if it is carried out in accordance with all the rules of the Labor Code in terms of the provisions of Art. 74 or no other valid reasons.

Refusal to perform work during a transfer carried out in compliance with the law may be regarded by the employer as a violation of labor discipline, and absenteeism as absenteeism. In this case, the employer may bring the employee to disciplinary liability.

Since no application is required for transfer due to production needs, the organization’s personnel officer only needs to prepare a draft transfer order. This movement of an employee does not require changes to the work book, since it is not a transfer.