Work during the holidays
Imagine: you go into a vacation and hoping this time to enjoy a well-deserved rest without thinking about work. But one day you get a call from the chief and asks to go to work, because without you, well, does not cope. Whether lawfully work while on holiday?
Of course, anything can happen. It happens that a colleague performing your duties while on holiday, ill or just can't cope. Sometimes cranky clients want to work with a specific specialist, and they have to believe, because at stake is money and reputation. Employees holding key positions, qualified professionals and specialists that the company "has in a single instance", work during vacation is also not new .
If the case is not complicated and does not require much time, if you and your boss have a good relationship and willing to help, it is possible to provide such a service. But remember that the chief has no right to force you to work in your legal holiday. Work during holidays is governed by article 125 of the Labour Code of the Russian Federation. If the presence of the employee in the workplace during his vacation, issued recall from vacation. And this review is allowedonly with the consent of the employee. to recall you from leave compulsorily are not eligible.
Part of the leave not used in connection with the opinion, should be compensated. These days you can "rest" in the current working year, when you want, and can be connected to regular paid vacation next year. But keep in mind that there are category of workers that cannot be withdraw from vacation. It includes employees under 18 years, pregnant women and workers engaged in work with harmful and/or dangerous working conditions.
But working while on holiday is not always associated with the recall from leave urgent (or not). It so happens that the employee wants to take time off to vacation, but while on vacation to work and earn a salary. But "want" does not mean "may" or "may". You cannot be on vacation and at work, you cannot receive the salary and holiday. And it is unlikely that the employer will be delighted with this situation.
The only thing that can be discussed in such a situation, it's about the replacement of cash compensation for leave. But there are many restrictions that reglamentary article 126 TC RF. The annual basic paid vacation of 28 days to replace monetary compensation is impossible. Can be offset only that part of holiday which exceeds 28 days.
In addition, basic and additional paid leave cannot be replaced by monetary compensation. when it comes to pregnant women, employees under 18 years and employees engaged in work with harmful and/or dangerous working conditions, for work in such conditions.
Sometimes if you work during the holidays is beneficial for the employee and the employer they find workarounds. For example, the employee goes into regular paid holiday and receives holiday pay. And the employer concludes with him a contract of compensated rendering of services or contract. But these ways are very risky and not always legal. During the leave, the employee must not be on the premises. so that problems with labour not to avoid.
Is it possible to work during the holidays if you work part-time. For example, you took a leave from one job but continue to work on the other? This option is also impossible. According to article 268 of the labour code vacation work part-time must be available simultaneously with the release of the basic work.
So to work during the holidays can not. If you can't do — you need to issue a leave and rest the remaining vacation days then. Well, if you want to improve the financial situation, receiving both vacation pay and salary, or working at another job, then do it legally impossible.