An important statement regarding employees' annual leave rights in Russia has been made. Irina Kotlyarova, manager of a human resources company operating in Primorsky Krai, stated that employers can recall employees from leave, but employees can refuse this recall without giving any reason.
Kotlyarova reminded that Article 114 of the Russian Labor Code grants employees the right to at least 28 calendar days of paid annual leave. However, she said that situations may arise in companies that require an employee to be recalled from leave, such as production necessity or replacing a colleague who has fallen ill.
The expert emphasized that if the employee refuses to interrupt their leave, the employer has no authority to impose disciplinary action. However, if the employee voluntarily agrees, a series of formal procedures must be followed. Accordingly, the employer must send a written notice to the employee, and the employee must provide written consent. Then, a recall order is issued containing the return-to-work date and the reason.
Kotlyarova stated that the unused portion of the leave must be granted at a suitable time within the same year, or added to the next year's leave, depending on the employee's preference. She said, "Compensating for unused leave with pay is prohibited. The accounting department recalculates the leave pay and salary."
According to Article 125 of the Russian Labor Code, it is strictly prohibited to recall minors, pregnant employees, and employees working in harmful or dangerous conditions from leave.
