The lawyer explained the rights of employees when called from vacation
According to the Labor Code of the Russian Federation, an employer can summon an employee from a legal vacation only with his written consent. If the boss violates this rule, the employee has the right to demand compensation. Lawyer Yana Vorobyova told Izvestia about this on November 24.
"If the employer demands to go to work, it is important for the employee to register their disagreement.: send an email to your corporate email address, a message to your work messenger, or an official notification. The wording may be simple: "I am on annual paid leave, I cannot/do not agree to interrupt my vacation and go to work." This is enough to confirm my position," she explained.
If the employer, ignoring the employee's refusal, issues absenteeism and applies disciplinary action in the form of a remark, reprimand or dismissal, the lawyer advises contacting the State Labor Inspectorate and judicial authorities. The GIT has the authority to bring employers to administrative responsibility for violations of labor laws with the imposition of penalties. Contacting the inspectorate is not necessary, but the decision to hold the employee accountable significantly strengthens the position of the employee in the judicial process.
In order to fully restore violated labor rights, it is necessary to file appropriate claims with the court: either to challenge disciplinary action when making a remark or reprimand, or to declare the dismissal illegal, demanding reinstatement and recovery of payment for the period of forced absenteeism.
On November 17, the State Duma proposed not to include weekends in the number of days of paid leave. It was clarified that currently the mandatory annual vacation period of at least 14 consecutive days includes weekends.
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