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Staying at work while on vacation. Can an employee work while on vacation? How to draw up a civil contract

Tell me, how can I register an employee of an organization for another position in the same organization during his vacation? Thank you!

During vacation, an employee cannot work even in other positions in the organization where he went on vacation. But the Labor Code does not contain a prohibition for an employee and an employer to enter into civil law contracts during the annual paid leave. Although this situation may well be of interest to the State Labor Inspectorate during its visit to the company. There are no other legal ways to earn extra money during vacation, except for a civil contract.

Rationale

From an article in the magazine “Personnel Affairs”, No. 6, June 2010
Can an employee work while on vacation?(the material is in the Glavbukh system, VIP version for commercial organizations)

The Labor Code does not contain a prohibition for an employee and an employer to enter into civil law contracts during the annual paid leave. Article 106 of the code states that rest time (including vacation) is time free from work duties, which an employee can use at his own discretion. However, the very fact of his presence at the workplace during this period comes into some conflict with the legal purpose of the leave.

This situation may well be of interest to the State Labor Inspectorate during its visit to the company. The labor inspector will check whether the civil contract is masking labor Relations. This may be evidenced by the fulfillment of a labor function rather than a specific task, subordination to internal regulations, or remuneration that is more similar in size and method of payment to a salary. If it is established that the civil contract actually complies with the employment contract*, the employer may be fined for involving an employee in work during the vacation period. Let us remind you that for officials and entrepreneurs the fine ranges from 1,000 to 5,000 rubles, and for an organization - from 30,000 to 50,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Claims are also possible from the tax authorities. The fact is that expenses for remuneration under civil contracts are recognized as economically justified only if the employee performs tasks under them that are not included in labor function full-time employees of the organization**. Thus, the agreement concluded with the manager Ilya on the performance of his usual work duties during vacation may serve as a source of trouble for M... LLC.

How to draw up a civil contract?

The HR director advised the head of the sales department not to use such dubious work schemes in the future. But if the decision is made, you need to approach the drawing up of a civil agreement with all responsibility. The tasks given to the vacationer should not copy his job responsibilities. It should not be allowed for such terms as “employee”, “salary”, “disciplinary liability”, “internal labor regulations” and others that clearly indicate the labor nature of the legal relationship to be included in a civil contract. A feature of civil agreements is the act of acceptance and transfer of completed work (rendered work). It is necessary to sign the following document with the contractor: in the event of claims or a legal dispute, it will help the organization confirm that the citizen received and completed a specific task, and did not perform a labor function that is ongoing in nature.

Sample acceptance certificate for work performed under a civil contract

Based on the recommendations of the HR director, Lyudmila, together with the head of the sales department, drew up a correct civil law agreement (see page 93 for a sample). And Ilya stopped coming to the office as if he were going to work, so as not to create the appearance of subordination to internal labor regulations.

Are there other ways?

There are no other legal ways to earn extra money during vacation, except for a civil contract.

Sometimes employers enter into a fictitious fixed-term employment contract with another employee. And the task is carried out by the same vacationer. Such a system is illegal, and one can only hope that it will not be discovered during an inspection by the State Labor Inspectorate. Please note that inspectors often not only inspect documents, but also communicate with staff, identifying the real state of affairs.

The question often arises: is it possible to arrange a part-time job for an employee during vacation? The Labor Code gives an unequivocal answer to this: it is impossible. Part-time workers are granted annual paid leave simultaneously with leave from their main place of work (Article 286 of the Labor Code of the Russian Federation). Following the letter of the law, having accepted a part-time vacationer to perform any task, you will be obliged to immediately send him on vacation. This applies to both external and internal part-time workers.

From this article you will learn:

  • Is it legal to work while on vacation?
  • what fines are provided for by the Labor Code for the presence of an employee at the workplace during vacation;
  • what agreement is required to be concluded with such an employee;
  • Is it possible to arrange a part-time job for an employee during vacation?

Often, employees, in an effort to earn more, sacrifice their vacation time to do so. If during their vacation they enter into civil contracts with other organizations or look for part-time work at home, the employer does not have to worry about breaking the law, because he is not involved in such amateur activities. But there are cases when an employee on vacation, with the consent of management, goes to work in his own organization and in the position he occupies. Is there a danger for the employer in such a situation? Let's look at it using the example of JSC "M...".

Essence of the question

HR specialist at CJSC "M..." Lyudmila went into the sales department on the morning of June 1 and was very surprised to see manager Ilya there. The fact is that from May 28 this employee had another scheduled leave. To the HR officer’s question about what he does in the workplace, Ilya replied: he agreed with the head of the department that while on vacation he would complete an urgent task: he would control product inventories in the organization’s two warehouses. And he will receive the salary for this period as remuneration under a civil contract.

Upon written application of the employee, monetary compensation can replace part of the vacation that exceeds 28 calendar days(Article 126 of the Labor Code of the Russian Federation)

Is it legal to work while on vacation?

Having assessed the situation, the HR director explained the following. The Labor Code does not contain a prohibition for an employee and an employer to enter into civil law contracts during the annual paid leave. Article 106 of the code states that rest time (including vacation) is time free from work duties, which an employee can use at his own discretion. However, the very fact of his presence at the workplace during this period comes into some conflict with the legal purpose of the leave.

This situation may well be of interest to the State Labor Inspectorate during its visit to the company. The labor inspector will check whether the civil contract disguises the employment relationship. This may be evidenced by the fulfillment of a labor function rather than a specific task, subordination to internal regulations, or remuneration that is more similar in size and method of payment to a salary. If it is established that the civil contract actually complies with the employment contract*, the employer may be fined for involving an employee in work during the vacation period. Let us remind you that for officials and entrepreneurs the fine ranges from 1,000 to 5,000 rubles, and for an organization - from 30,000 to 50,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Claims are also possible from the tax authorities. The fact is that expenses for remuneration under civil contracts are recognized as economically justified only if the employee under them performs tasks that are not part of the labor function of the organization’s full-time employees**. Thus, the agreement concluded with the manager Ilya on the performance of his usual work duties during vacation may serve as a source of trouble for M... LLC.

How to draw up a civil contract?

The HR director advised the head of the sales department not to use such dubious work schemes in the future. But if the decision is made, you need to approach the drawing up of a civil agreement with all responsibility. The tasks given to the vacationer should not copy his job responsibilities. It should not be allowed for such terms as “employee”, “salary”, “disciplinary liability”, “internal labor regulations” and others that clearly indicate the labor nature of the legal relationship to be included in a civil contract. A feature of civil agreements is the act of acceptance and transfer of completed work (rendered work). It is necessary to sign the following document with the contractor: in the event of claims or a legal dispute, it will help the organization confirm that the citizen received and completed a specific task, and did not perform a labor function that is ongoing in nature.

Based on the recommendations of the HR director, Lyudmila, together with the head of the sales department, drew up a correct civil law agreement (see page 93 for a sample). And Ilya stopped coming to the office as if he were going to work, so as not to create the appearance of subordination to internal labor regulations.

Are there other ways?

There are no other legal ways to earn extra money during vacation, except for a civil contract.

Sometimes employers enter into a fictitious fixed-term employment contract with another employee. And the task is carried out by the same vacationer. Such a system is illegal, and one can only hope that it will not be discovered during an inspection by the State Labor Inspectorate. Please note that inspectors often not only inspect documents, but also communicate with staff, identifying the real state of affairs.

The question often arises: is it possible to arrange a part-time job for an employee during vacation? The Labor Code gives an unequivocal answer to this: it is impossible. Part-time workers are granted annual paid leave simultaneously with leave at their main place of work (Article 286 of the Labor Code of the Russian Federation). Following the letter of the law, having accepted a part-time vacationer to perform any task, you will be obliged to immediately send him on vacation. This applies to both external and internal part-time workers.

If an employee has not worked for six months at a part-time job, leave is provided in advance (Article 286 of the Labor Code of the Russian Federation)

Margarita SUCHKOVA,
Head of the HR and records management department of the Federal State Institution Center MIR IT

* The provisions of the Labor Code apply to such relations (clause 8 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 “On the application by courts Russian Federation Labor Code of the Russian Federation").

** Letter of the Ministry of Finance of Russia dated January 19, 2007 No. 03-04-06-02/3, letter of the Ministry of Finance of Russia dated January 26, 2007 No. 03-04-06-02/11. In these letters we're talking about not only about income tax, but also about the Unified Social Tax, but regarding the Unified Social Tax, the explanations are not relevant, since this tax was abolished on January 1, 2010 ( the federal law dated July 24, 2009 No. 213-FZ).

Read the article

Question answer. Legal consultation online

I work in government. organization, I go to work once a week during my annual paid leave. For several years, for a day worked halfway in this way, one day of time off was provided, and this was the case with the employee before me (0.5 working days for 1 day of time off). IN Lately For some reason they decided to count by the clock. Those. Worked 4 hours during vacation, get 4 hours off.

Can I demand a whole day off for the time worked, as before, because this is a VACATION. What can be foreseen in this regard? I heard that there is a 1 to 2 system, where one worker gets two days off. Or for going out during vacation, no matter for five minutes or for a day, a whole day off?

this is your constitutional right to demand.

In accordance with Part 2 of Art. 125 of the Labor Code of the Russian Federation allows an employee to be recalled from vacation. Recall of an employee from vacation is allowed only with his consent, and the employee’s consent must be in writing (for example, in the form of an application), received before drawing up an order for recall from vacation, a link to the employee’s statement of consent to recall from vacation is a prerequisite such an order. An employee’s refusal (regardless of the reason) to comply with the employer’s order to return to work before the end of the vacation period cannot be considered a violation labor discipline. Contrary to popular belief, recall (with the employee’s consent) is permissible from any type of leave - annual paid, without pay and others, with the exception of targeted leaves.

The legislator has established a ban on recall from vacation:

workers under the age of 18;

workers engaged in work with hazardous and (or) dangerous conditions labor.

The part of the vacation unused in connection with the recall must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

When recalled from vacation, wages must be recalculated - the amounts of money attributable to unused vacation days are used to pay current wages for the time spent working after leaving vacation, and when these days are provided at another time, the average earnings for their payment are recalculated.

I hope that my answer was useful to you, if necessary, please contact me! Sincerely, A.P. Bikmurzin. Good luck to you.

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Working while on vacation

Imagine: you are going on a long-awaited vacation and hope during this time to enjoy a well-deserved rest without thinking about work. But one fine day your boss calls you and asks you to come to work, because he can’t cope without you. Is it legal to work while on vacation?

Of course, anything can happen. It happens that a colleague who performs your duties during vacation gets sick or simply cannot cope. It happens that capricious clients want to work only with a specific specialist, and they have to be taken into account, because money and reputation are at stake. Employees occupying key positions, qualified specialists and specialists who are “available in a single copy” at the enterprise, working while on vacation is also not new .

If the matter is not complicated and does not require much time, if you are on good terms with your superiors and are ready to help, it is quite possible to provide such a service. But remember that your boss does not have the right to force you to work on your legal vacation. Work during vacation is regulated by Article 125 Labor Code RF. If it is necessary for an employee to be present at the workplace during his vacation, a vacation review. Moreover, this review is allowed only with the consent of the employee. They have no right to forcefully recall you from vacation.

Read also: Order on wage indexation - sample

The portion of vacation not used due to recall must be compensated. These days can be “finished” in the current working year whenever you wish, or you can add them to the next paid vacation next year. But keep in mind that there is category of employees who cannot be recalled from vacation. It includes workers under the age of 18, pregnant women and workers engaged in work with harmful and/or dangerous working conditions.

But working during vacation is not always associated with recall from vacation for an urgent (or not so urgent) matter. It happens that an employee wants to take a vacation, receive vacation pay, but at the same time work and receive a salary during the vacation. But “wants” does not mean “can” or “has the right.” You cannot be on vacation and at work at the same time, you cannot receive salary and vacation pay at the same time.. And it is unlikely that the employer will be delighted with such a situation.

The only thing that can be discussed in similar situation, This is about replacing vacation with cash compensation. But there are many restrictions that are regulated by Article 126 of the Labor Code of the Russian Federation. Annual basic paid leave of 28 days cannot be replaced by monetary compensation. Only that part of the vacation that exceeds 28 days can be compensated.

In addition, basic and additional paid vacations cannot be substituted for monetary compensation. when it comes to pregnant women, workers under the age of 18 and workers engaged in work with harmful and/or dangerous working conditions, for working in such conditions.

Sometimes - if working during vacation is beneficial to both the employee and the employer - they find workarounds. For example, an employee goes on another paid vacation and receives vacation pay. And the employer enters into a contract for paid services or a contract with him during this time. But these paths are quite risky and not always legal. During vacation, the employee should not be on the territory of the enterprise. so problems with the labor inspectorate cannot be avoided.

Is it possible to work during vacation if you work part-time? For example, did you take a vacation from one job but continue to work at another? This option is also impossible. According to Article 268 of the Labor Code of the Russian Federation vacation from part-time work must be granted simultaneously with leave from the main job.

So You can't work while on vacation. If they can’t do without you, you need to file a review from your vacation and finish off the remaining days of your vacation later. Well, if you want to improve your financial situation by receiving vacation pay and salary at the same time or working at another job, then it is impossible to do this legally.

How should I be paid for the days I work on vacation according to the law?

I worked in March from 1 to 6

From the 10th I wrote an application for 14 days leave. should have been released on 24.

They only gave me 2 days off and called me back to work. I left 12. How should I be paid for these days that I work on vacation?

Lawyers' answers (5)

Good afternoon You must be paid for the days you work as working days.

Article 125 of the Labor Code of the Russian Federation provides that recall of an employee from vacation is allowed only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Client clarification

The fact is that I was paid for 11 working days and given vacation pay. but the money I earned during my vacation is not there. They say like later, like a thread later. do they have the right to do so?

Read also: Dismissal upon liquidation of a separate division

Have a question for a lawyer?

If you are recalled from vacation, you are not entitled to vacation pay for days worked. You must be paid for all days worked as working days and 2 days of vacation pay. Ask for vacation recall documents to document the recall. The main thing is that you have evidence of non-use of vacation.

Remember that the Labor Code of the Russian Federation establishes a three-month period for going to court to resolve a labor dispute.

Client clarification

Sorry, but what about the fact that I have already received vacation pay?

Since you continue to work for this employer, he must recalculate, since in reality you were not on vacation all the days. A similar situation would occur, for example, if you got sick on vacation.

The most unpleasant thing will be if you have not received a review from your vacation, since according to the documents it will turn out that you used your vacation.

The employer will have an application for vacation, a vacation order that you are familiar with, a vacation schedule, and it will be very difficult to prove that you were not on vacation.

Although perhaps I'm being too picky.

In any case, this is a rather delicate issue; it is important not to spoil the relationship with the employer by your actions and not to lose your job altogether.

Client clarification

I'm thinking about how not to spoil it. on April 7 they sent it again. and they already transferred the vacation pay and today they said. No, you won’t have to work on vacation. and the application has already been signed and the money has been received. what to do.

Don’t worry about money, these are settlements with the employer, it’s his problem, how he pays you and what, advance payment or vacation pay. He will have to recalculate.

The main thing is that the vacation review is correctly formatted, so that later it doesn’t turn out that you went on all vacations without resting a single day.

Since there is no one to replace you, you are probably a very valuable employee and it’s time to ask for a raise :)

Don't forget that the statute of limitations is 3 months. The vacation can be postponed to the next year, that is, collecting compensation for more than 2 past years may be problematic due to the statute of limitations.

Client clarification

Out of 80 people, 25 work, and the rest of the people sit for a month without pay. Our HR department values ​​and elevates itself very much. He also intimidates people by saying that there is no way to solve problems, otherwise you will be fired. that's how it is with us.

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Going to work during study leave: payment features

For an employee who returned to work earlier than the end date of study leave, the amounts of previously paid average earnings can be credited on the basis of his application against wages

Labor legislation establishes that the employer provides additional holidays with preservation of average earnings for employees sent for training by the employer or who independently enrolled in state-accredited bachelor's degree programs, specialty programs or master's programs in part-time and part-time forms of study and successfully mastering these programs (Part 1 of Article 173 of the Labor Code of the Russian Federation) .

By virtue of Part 9 of Art. 136 of the Labor Code of the Russian Federation, payment for vacation is made no later than three days before its start.

Labor legislation provides for the recall of an employee only from annual paid leave. At the same time, the use of study leave is the right of the employee. An employee may contact the employer with a statement of intention to interrupt study leave and return to work, indicating in the application the specific days on which he will return to work. The employer, in turn, can satisfy the employee’s request to go to work on these days and, therefore, allow him to work. Accordingly, since the employee works these days, the employer must pay him for work on these days wages— remuneration for labor (Part 1 of Article 129 of the Labor Code of the Russian Federation).

Who is entitled to annual leave? How long can they be? Under what conditions can you work during vacations?

RIGHT TO HOLIDAY

The Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948, inter alia, states that everyone has the right to rest and leisure, including the right to a reasonable limitation of the working day and periodic leave with pay.

Paramilitary personnel of mine rescue units are granted annual basic leave of 30 calendar days, non-military workers of mine rescue units - 24 calendar days, with an increase for every two years worked by two calendar days, but not more than 28 calendar days.

Persons under the age of 18 are granted annual basic leave of 31 calendar days. When an employee is granted leave in the year when he turns 18, its duration is determined depending on the time he worked: for the year when he was a minor, at the rate of 31 calendar days per working year, and after reaching adulthood - depending on the duration of the vacation established for workers of the corresponding profession.

The Resolution of the Cabinet of Ministers of Ukraine approved the Procedure for granting annual basic leave of up to 56 calendar days to management employees of educational institutions and educational institutions, educational (pedagogical) units (divisions) of other institutions and institutions, teaching, scientific and pedagogical workers and scientific workers. The Procedure provides, in particular, that these employees use annual basic leave of the full duration, defined in the appendix to this Procedure, in the first and subsequent years during the summer holidays, regardless of the time they were hired. In higher educational institutions, vocational and technical educational institutions, the rector, director, director of a branch, vice-rector, dean of the faculty have the right to leave of absence lasting 28 calendar days if they do not fulfill teaching load in that educational institution, and provided that at least 1/3 of the annual academic load is completed, they are entitled to a vacation of 56 calendar days.

Disabled people of groups I and II are granted annual basic leave of 30 calendar days, and disabled people of group III - 26 calendar days, regardless of whether the disability is a consequence work injury, occupational disease or general illness. Seasonal and temporary employees are granted leave in proportion to the time they work. The list of seasonal jobs and seasonal industries was approved by a resolution of the Cabinet of Ministers of Ukraine.

Parental leave until the child reaches the age of three

Law No. 504 provides, as stated above, certain types of social leave.

At the request of the woman, upon completion of maternity leave, she is provided with parental leave until the child reaches three years of age. If a child needs home care, the woman is granted leave without pay for the duration determined in the medical report, but not more than until the child reaches the age of six. At the expense of their own funds, enterprises and organizations can provide women with partially paid leave and leave without pay for child care of a longer duration.

Parental leave can be used in full or in part also by the child's father, grandparents or other relatives who actually care for the child, or by the person who adopted or took custody of the child. During the period of maternity leave, a woman or a person providing such care can work part-time or at home.

WORK DURING HOLIDAY

As we see, labor legislation provides broad guarantees to employees regarding the provision of vacations. But sometimes the question arises: can an employee work while on vacation? Yes maybe. It could be like urgent work employment contract, and work under a civil contract.

Working under a fixed-term employment contract

An employment contract is an agreement between an employee and an employer, according to which the employee undertakes to perform the work determined by this agreement, subject to internal labor regulations, and the employer undertakes to pay the employee wages and provide working conditions necessary to perform the work, provided for by labor legislation, collective contract and agreement of the parties.

An employment contract can be concluded in accordance with Article 23 of the Labor Code of Ukraine: not certain period; for a certain period, which is established by agreement of the parties; for the duration of a specific job. General procedure conclusion of an employment contract is defined in Article 24 of the Labor Code. The Plenum of the Supreme Court of Ukraine, trying to determine a unified approach to concluding an employment contract, in the resolution “On the practice of consideration by courts labor disputes“Noted that the contract is considered concluded if an appointment order is issued or the employee is actually allowed to work.

In accordance with part two of Article 23 of the Labor Code, a fixed-term employment contract can be concluded only if the employment relationship cannot be established for an indefinite period, taking into account the nature of the subsequent work, or the conditions for its implementation, or the interests of the employee, and in other cases provided for by law acts.

The employee's application for employment must indicate the fact that he is asking to be hired for a certain period of time. A record of the fixed-term nature of the employment contract in work book is not done, but the order of appointment (reception) to a position must indicate that the person has been appointed to the position under a fixed-term employment contract, and also determine the period during which the employment contract will last.

A fixed-term employment contract can be concluded for any period determined by agreement of the parties. At the same time, the law does not in any way limit the right of the parties to an employment contract to determine the duration of its validity (unless it is generally prohibited in this case to conclude an employment contract for a period).

Consequently, an employee, working at his main place of work, during his annual leave can work both at the same and at another enterprise (part-time). To do this, he needs to write an application for employment under a fixed-term employment contract.

APPLICATION

I ask you to accept me as a guard for murder from 01 to 31 June 2014.

About acceptance
to work

1. Pyotr Ivanovich IVANENKO was taken over as a murder guard for the period of absence of A. R. Kharchenko in connection with his experiences with the main release from 01 to 31 June 2014.
2. Install Ivanenka P. I. per day salary for size 1500 UAH.
Submission: statement of Ivanenko P.I.

Director

Petrenko

I. I. Petrenko

Working part-time during parental leave until the child reaches three (six) years of age

Most often, employees who are on parental leave until the child reaches three (six) years of age work during vacation. At the request of the woman or the person providing such care, during her stay on maternity leave, she can work part-time or from home.

To do this, she must submit a corresponding application ( Appendix 3) to the employer. Based on the application, an order is issued ( Appendix 4).

APPLICATION

I ask you to accept me as a cashier due to irregular working hours (4 years per day) since January 1, 2014.

1. Olga Oleksandrivna ZAKHAROVA will be hired as a cashier and her working hours will be set from 09.00 to 13.00.
2. Establish Zakharov O. O.’s daily salary at a rate of 1600 UAH. Payment will be made on a pro-rata basis up to the requested hour.

Work under a civil law contract

Current legislation does not prohibit the conclusion of civil contracts between an enterprise and employees for the performance of work or provision of services in the time free from performing the main work under the employment contract. Ministry of Labor and social policy Ukraine in a letter explains that an employer company can conclude, in particular, with its employee who is on regular vacation, a contract agreement for the duration of the vacation for the employee to perform certain work.

In practice, two types of contracts are most often used, provided for ( Further- GKU), for which individuals Both legal entities and individuals can be employed. This is a contract and a contract for the provision of services.

A civil contract is an agreement between two or more persons to establish, change or terminate civil rights and responsibilities.

Relations that arise with the conclusion of a work contract are regulated by the norms of Chapter 61 of the Civil Code. In accordance with Article 837 of this Code, under a contract, one party (contractor) undertakes, at his own risk, to perform certain work on the instructions of the other party (customer), and the customer undertakes to accept and pay for the work performed.

Note. When concluding a civil law contract, the citizen does not submit an application for employment, the employer does not issue an order to enroll him in a specific position, and no entry is made in the work book.

The performance of work or provision of services is confirmed by an act of acceptance and transfer of completed work (services), on the basis of which payment is made, unless otherwise accepted by the contract.

As for work civil servants, then the following must be emphasized here. In paragraph 1 of part one of Article 25 of the Law of Ukraine “On the Prevention of Corruption”, civil servants are prohibited from: do other paid work(except for teaching, scientific and creative activities, medical practice, instructor and referee practice in sports) or entrepreneurial activity, unless otherwise provided by the Constitution or laws of Ukraine; be a member of the board, other executive or control bodies, the supervisory board of an enterprise or organization for the purpose of making a profit (except for cases where the persons perform the functions of managing shares (parts, shares) that belong to the state or territorial community, and represent the interests of the state or territorial communities in the council ( supervisory board), audit commission economic organization), unless otherwise provided by the Constitution or laws of Ukraine.

Article provided to our portal
editorial staff of the magazine

Imagine: you are going on a long-awaited vacation and hope during this time to enjoy a well-deserved rest without thinking about work. But one fine day your boss calls you and asks you to come to work, because he can’t cope without you. Is it legal to work while on vacation?

Of course, anything can happen. It happens that a colleague who performs your duties during vacation gets sick or simply cannot cope. It happens that capricious clients want to work only with a specific specialist, and they have to be taken into account, because money and reputation are at stake. Employees occupying key positions, qualified specialists and specialists who are “available in a single copy” at the enterprise, working while on vacation is also not new.

If the matter is not complicated and does not require much time, if you are on good terms with your superiors and are ready to help, it is quite possible to provide such a service. But remember that your boss does not have the right to force you to work on your legal vacation. Work during vacation is regulated by Article 125 of the Labor Code of the Russian Federation. If it is necessary for an employee to be present at the workplace during his vacation, a vacation review. Moreover, this review is allowed only with the consent of the employee, they have no right to forcefully recall you from vacation.

The portion of vacation not used due to recall must be compensated. These days can be “finished” in the current working year whenever you wish, or you can add them to the next paid vacation next year. But keep in mind that there is category of employees who cannot be recalled from vacation. It includes workers under the age of 18, pregnant women and workers engaged in work with harmful and/or dangerous working conditions.

But working during vacation is not always associated with recall from vacation for an urgent (or not so urgent) matter. It happens that an employee wants to take a vacation, receive vacation pay, but at the same time work and receive a salary during the vacation. But “wants” does not mean “can” or “has the right.” You cannot be on vacation and at work at the same time, you cannot receive salary and vacation pay at the same time.. And it is unlikely that the employer will be delighted with such a situation.

The only thing that can be discussed in such a situation is replacing vacation with cash compensation. But there are many restrictions that are regulated by Article 126 of the Labor Code of the Russian Federation. Annual basic paid leave of 28 days cannot be replaced by monetary compensation. Only that part of the vacation that exceeds 28 days can be compensated.

In addition, basic and additional paid vacations cannot be substituted for monetary compensation, when it comes to pregnant women, workers under the age of 18 and workers engaged in work with harmful and/or dangerous working conditions, for working in such conditions.

Sometimes - if working during vacation is beneficial to both the employee and the employer - they find workarounds. For example, an employee goes on another paid vacation and receives vacation pay. And the employer enters into a contract for paid services or a contract with him during this time. But these paths are quite risky and not always legal. During vacation, the employee should not be on the territory of the enterprise, so problems with the labor inspectorate cannot be avoided.

Is it possible to work while on vacation if you are working? For example, did you take a vacation from one job but continue to work at another? This option is also impossible. According to Article 268 of the Labor Code of the Russian Federation vacation from part-time work must be granted simultaneously with leave from the main job.

So You can't work while on vacation. If they can’t do without you, you need to file a review from your vacation and finish off the remaining days of your vacation later. Well, if you want to improve your financial situation by receiving vacation pay and salary at the same time or working at another job, then it is impossible to do this legally.

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