Summer is a traditional leave season. However, sometimes there are situations when the employer is forced to recall an employee to work, interrupting his/her legal rest. In what cases it is permitted to turn to such steps and how to comply with the norms of labor legislation is in the following.
An employee can be recalled from an annual leave only with his/her consent and only in cases stipulated by the legislation (Art. 79 of the Code of Labor Laws (hereinafter – the Labor Code) and Art. 12 of the Law of Ukraine “On Leaves” of 15.11.1996 No. 504/96-ВР, hereinafter – Law No. 504). Namely:
- for prevention of a natural disaster, industrial accident or immediate elimination of its consequences;
- to prevent accidents, work stoppages, loss of life or damage to property of the enterprise.
A recall from the leave can be issued for a few days, a week, for an indefinite period or to eliminate the reasons for which the employee to be recalled from the leave.
Unused portion of annual leave should be given to the employee after the expiration of the reasons for which the worker was recalled from the leave, or by agreement of the parties transferred to another period, meeting the requirements of Art. 12 of the Law No. 504.
In order to issue a recall from the leave, it is necessary to obtain the consent of this employee. It is not regulated by the law how to do this. This may be a written statement of the employee or his/her oral agreement, which will be confirmed by signature on the order of recall from the leave. The reason of the recall should be necessarily indicated.
It is also necessary to take into account the requirements of Part 6 of Art. 79 of Labor Code and Part 1 of Art. 12 of Law No. 504 that the basic continuous part of the leave should be not less than 14 calendar days. The part which has not been used during the recall is a part of the leave to be given to the worker by the end of the working year at a time convenient for him/her or added to the leave for the next working year.
If the employee had time to rest 24 calendar days of the leave in a working year before being recalled from an annual leave, he/she may, if desired, be compensated for unused days of the annual leave.
