Labour Code provides for a review of the employee's vacation, and describes in detail the actions of the employer in this regard.But the reasons for which leave may be interrupted, some experts remain unclear.
Head often determines when and for what reasons the employee vacation be interrupted.On the one hand, he is relieved of the need to prove and substantiate the importance of organizational or operational circumstances.But at the same time, the abuse of legitimate opportunities provided by the employer is not conducive to proper rest employees, which ultimately could affect performance.It should therefore objectively evaluate the causes and the need for work release vacationers.
review of the need to leave production expedient to apply in the case of prevention of emergency situations and elimination of their consequences, in order to prevent production downtime in order to avoid damage to the solution of urgent organizational matters and other circumstances of urgency.Meanwhile, there is a vicious practice of early termination of leave in the case, for example, the arrival of supervisory bodies.Such actions leaders makes you wonder why the absence of a few subordinates on the ground may have an impact on the performance of the organization as a whole.
But, nevertheless, if the director has decided to withdraw from the leave entitlement, the cadres will comply with all necessary formalities.The first and essential condition to interrupt vacation - the consent of the employee.Moreover, the main problem is that oral assurances are not enough.It is necessary to seek written consent.How does the organization will issue such a document, it does not matter.Will this statement the employee that he is willing to give up their legitimate recreation of operational needs, will show whether the employee memo of his immediate supervisor describing the reason for the withdrawal and offered directly to her to sign, or it will send a notice to the proposal to interrupt vacation -the legislator did not specify.But, in any case, a written consent must be obtained before the order is issued on the recall of the holiday or day to day.
itself order must contain information about the cause of withdrawal from vacation, how to use it the rest of the (transfer procedure holidays).With it meets employee against signature.
should be noted that in any case it is impossible to carry out a review of the holiday, if the person has not given his written consent.It is also not subject to withdrawal of persons under 18 years of working in harmful or hazardous work and pregnant women.
Many are interested in the question - is it possible to somehow influence the employee, if he did not agree to withdraw from vacation.The legislator did not provide a legal basis for the application of disciplinary sanctions.Moreover, the Supreme Court since the time of action of the Labour Code has defined its position as follows: if the law is not directly secured the employer the right to interrupt vacation ahead of time the employee without his consent, and refusal to return to work in such a situation can not be considered a breach of labor discipline.
And another problem arises when a recall to the head of the next holiday - where to find the employee.There are cases when the mobile phone or the holiday-discharged prudently left the house, if not lost.Of course, to get informed about the place of vacation, no manager can not, here, and affects the corporate spirit and everyone's responsibility for the common cause.In some organizations, a number of staff job descriptions include a requirement to report the place of vacation.Some vacationers supply their phones at the expense of the organization.
