How do you feel about production needs? Order on the need for production. About recalling an employee from vacation

The basic principles of working with employees in most cases are spelled out in the Labor Code. Failure to comply with the established rules threatens the owner or manager of the enterprise with serious fines. To avoid unwanted complications during inspections, you should know and apply the terms of labor legislation accurately.

One of the most controversial concepts in TC is production necessity. This phrase is quite often found in personnel or accounting documents, but what it means literally - an ordinary employee will not figure it out right away. This gives a reason for the administration of the enterprise to abuse the wording, forcing them to work overtime or perform work that is not provided for by the labor code. Let's see what this is - a production necessity, and in what cases it should appear in official documents.

Concept definition

The Labor Code is the main document of the personnel officer and accountant. All the basic concepts related to hired labor are laid down in this document. There is also a definition of the concept of production necessity. This, according to the founders of the Labor Code, is the urgent need for the employee to perform work that was not provided for in the employment contract. This need arises as a result of the occurrence of certain circumstances that may interfere with the normal functioning of the enterprise as a whole.

The onset of production necessity (PO) is fixed by the administration with a separate document - an order. When the software is announced, urgent measures are organized aimed at the smooth functioning of production, technological processes, which will ultimately lead to the preservation of the financial result.

Administration actions

It should be understood that a production need is not a standard state of an enterprise, but an exception associated with the occurrence of any independent circumstances. It is these circumstances that force the administration to issue an appropriate order, due to the production need to transfer employees to a different (overtime) mode of work; give employees more responsibilities.

A different schedule for the performance by employees of their duties may be extended for a period not exceeding 30 calendar days from the moment of the stipulated event. The regulation on the application of this concept is determined by Art. 72 of the Labor Code of the Russian Federation.

What the law says

The provisions of Art. 72 of the Labor Code of the Russian Federation define production necessity as a result of the onset of a man-made or natural disaster, an emergency at work, or a natural disaster. At the same time, it should be clarified that unscheduled or ongoing inspections, inspections by regulatory authorities or the reorganization of production processes do not fall under the concept of production necessity. A recall due to operational necessity in these cases will be illegal.

What is software work

In connection with the production need, an employee of the enterprise can be transferred to another job with the same employer on the following conditions:

• the term of the transfer should not exceed 30 calendar days;
• the salary of an employee should not be less than his average salary at the enterprise;
• the employee must be notified of the occurrence of a production need by a relevant order;
• recall due to operational necessity can be performed only with the consent of the employee.

What should be taken into account when translating?

If the employer manages a large network of branches and divisions, the transfer of an employee can be carried out within enterprises operating under one legal entity. At the same time, the transfer of an employee to another enterprise, but within the same holding, is prohibited.

The second point that should be taken into account is the assignment of additional duties to the employee, which he must perform due to the dismissal or absence, due to illness of another employee. In this case, the employee can take on additional work for a period not exceeding one month in a period of one calendar year. If the employee agrees to perform additional work and is ready to give written consent to this, such substitution may last longer.

An employee can take on additional work only if his health allows it. If there are medical contraindications, they should be reflected in the personal file.

If an employee needs to be transferred to a low-skilled job, his consent is required.

How to make an order?

In the order to call an employee from vacation or to temporarily transfer him to another job, you should indicate the reason for the production need, making appropriate changes to the vacation schedule and time sheet. The order of production necessity must be handed over to the employee personally. In this case, the employee does not have the right to refuse to perform additional work. Refusal to perform such work can be regarded by the administration as a violation of labor discipline, and failure to appear at work as absenteeism.

Downtime due to production needs

Sometimes a production need is not more, but less than usual, the amount of work. Downtime and reduced workload can force an employer to send an employee on leave due to business needs.

The employee should take into account that this vacation will be paid in the same way as the planned one, but with several amendments:

• if an employee falls ill during a forced vacation, he will not be paid sick leave;
• forced leave is not included in the length of service calculated for pensions.

The head cannot demand the fulfillment of duties not provided for by the contract (Article 60 of the Labor Code). But if there is a production need, the Labor Code allows you to temporarily change conditions.

From the article you will learn:

Cases of production need: general information

All cases of production necessity are reflected in the Labor Code. If the management of the organization wants to transfer employees to other positions, change the terms of the current contract, while having no reason to do so, problems will arise during the audits. In recent years, the amount of fines has increased significantly, therefore, in order to avoid financial losses, one must strictly rely on the Labor Code.

Download related documents:

Under the production necessity, the Labor Code of the Russian Federation 2017 means situations in which an employee is transferred to another position or his working conditions are changed in order to:

• prevent catastrophes, eliminate industrial accidents or their consequences, minimize the destructive power of natural disasters;
• avoid accidents, downtime, including for reasons of economic, technological, as well as technical and organizational nature;
• prevent destruction or damage to property;
• replace an absent employee.

An employee cannot be sent to work, even if there is a production need for a transfer, which is contraindicated for him for health reasons, which regulates Labor Code RF 2017 and 2018. In other cases, the transfer can be recognized as justified only if it was caused by various emergency circumstances, when failure to take measures could lead to a catastrophe of any type, an accident, a natural disaster, as well as an accident.

It must be remembered that the Labor Code limits the right of any employer to temporarily transfer a specialist without his consent by a number of conditions. An employee cannot even be temporarily transferred to a position that is contraindicated due to the current state of health. For example, a system administrator is temporarily transferred to a cold warehouse where boxes of goods need to be moved. Before the transfer, you need to ask if he has a medical certificate certified by an institution that prohibits being involved in work related to the transfer of heavy objects.

Hello!

According to Article 72.2 of the Labor Code of the Russian Federation In the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and in any exceptional cases that endanger the life or normal living conditions of the entire population or part of it, the employee may be transferred without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer in order to prevent these cases or eliminate their consequences.

The transfer of an employee without his consent for a period of up to one month to work not stipulated by an employment contract with the same employer is also allowed in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent the destruction or damage to property, or replacement temporarily absent employee, if downtime or the need to prevent the destruction or damage of property or to replace a temporarily absent employee is caused by the emergency circumstances specified in part two of this article. At the same time, transfer to work requiring lower qualifications is allowed only with the written consent of the employee.

When transfers are made in the cases provided for in parts two and three of this article, the employee's remuneration is made according to the work performed, but not lower than the average earnings for the previous job.

If there are no similar reasons for the transfer, then your consent is MANDATORY"

Article 72.1. Transfer to another job. moving

[Labor Code] [Chapter 12] [Article 72.1]

Transfer to another job - a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer.

Transfer to another job is allowed only with the written consent of the employee, except for the cases provided for by parts two and three of Article 72.2 of this Code.

It does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him to work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties.

It is forbidden to transfer and move an employee to work that is contraindicated for him for health reasons.

Irina Shlyachkova

transfer to another position for business purposes

Employers often use the concept of “production necessity” when an employee needs to replace one of his colleagues or, for any other reason, the employer needs to transfer the employee to another job. However, it is worth noting that when transferring an employee to another job, the term “production necessity” is absent in the Labor Code. There are no changes in this regard in 2017.

The employer can transfer the employee to another job without obtaining his consent. However, the period of time for which this can be done is very short - no more than one month. Also, the reasons that can justify this translation are very limited:

industrial emergency: fire, flood, earthquake, etc.;

production downtime (temporary suspension of production for various reasons);

the need to prevent the destruction or damage to property belonging to the company or to replace a temporarily absent employee if it is caused by extraordinary circumstances.

In the latter case, that is, if in order to prevent the destruction or damage to company property or in order to replace an employee who is temporarily absent, it is required to transfer the employee to a job of a lower qualification, then despite the fact that you have an urgent production need, the Labor Code of the Russian Federation requires obtain written confirmation of the employee's consent to the transfer, and then issue an order for the temporary transfer of the employee.

In addition, there are options in which an employee can be transferred to another job for a longer period - up to 12 months, but also only with his written consent. If the employer makes this transfer in order to replace a temporarily absent employee, the transfer can be made for the entire period until this employee returns to work.

According to general rules, an employer should not require an employee to perform work not specified in an employment contract (Article 60 of the Labor Code of the Russian Federation). When transferring an employee to another job, albeit temporarily, do not forget that this can only be done with the consent of the employee. An exception is the transfer for 1 month due to production needs.

What is a production need

The wording "production necessity" is now used too often by the management of organizations to justify illegal actions when transferring an employee on their part.

What, according to the legislation of the Russian Federation, is a production necessity?

Under production necessity, one should consider the occurrence of force majeure circumstances that could not be foreseen in advance.

In Art. 74 of the Labor Code of the Russian Federation, a list of cases of production necessity is indicated:

• prevention of accidents at work;
• elimination of fires, accidents and man-made disasters;
• elimination of the consequences of natural disasters: floods, famines, earthquakes and other natural phenomena;
• elimination of epidemics or epizootics that endanger the life or living conditions of the population or part of it;
• prevention of downtime due to economic, technological, technical or organizational process;
• destruction or damage to the property of the organization;
• replacing an absent worker.

The presence of these emergency circumstances is necessary in all cases of temporary transfer to another job due to operational necessity, which is confirmed by the decision of the Supreme Court of the Russian Federation.

Translation features

The legislation of the Russian Federation limits the transfer of an employee to temporary work with a number of the following conditions:

• the transfer of an employee due to production needs can only be carried out within the same employer, transfers from a branch to the head unit and vice versa are allowed, transfers between different organizations of the same holding are prohibited;
• the term of this transfer cannot exceed 1 month;
• a transfer to replace an absent employee may be of a recurring nature, but may not exceed 1 month during a calendar year (from January 1 to December 31), with the written consent of the employee, a temporary transfer may have a longer period;
• work should not be contraindicated to the employee for medical reasons, but it is necessary to have documents confirming these medical contraindications;
• wages should not be lower than the average earnings at the previous place of work, as well as the tariff rate at the new place;
• transfer for production needs must be made taking into account the specialty and qualifications of the employee;
• it is possible to transfer an employee to a job of a lower qualification only with his consent.

Despite the fact that the legislation of the Russian Federation limits the temporary transfer of an employee by a number of conditions, at the same time it gives the employer an unconditional right to transfer an employee without his consent to work not stipulated by an employment contract in cases of production necessity.

The employee cannot refuse this type of transfer if it is carried out in accordance with all the rules of the Labor Code in terms of the provisions of Art. 74 or no other good reason.

Refusal to perform work during a translation made in compliance with the law may be regarded by the employer as a violation of labor discipline, and absence from work as absenteeism. In this case, the employer may bring the employee to disciplinary liability.

Since no application is required for the transfer due to operational necessity, the personnel officer of the organization needs to prepare only a draft transfer order. This movement of an employee does not require changes to the work book, since it is not a transfer.

No one is immune from force majeure, including the head of the enterprise. And it often happens that a vacation planned a few months ago needs to be rescheduled.

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Is this possible under the law, how to arrange everything correctly and what nuances should be known and remembered?

The transfer of leave due to production needs is not a rare phenomenon at enterprises and organizations.

Although vacation schedules are drawn up a year in advance - to be precise, no later than two weeks before the start of the new calendar year, that is, before January 1 - after agreement with the management, trade union and team, emergency circumstances often arise when they changes need to be made.

In this case, the initiator can be both the employer and his subordinate.

What does the law say?

According to the Labor Code of the Russian Federation, the transfer of leave at the initiative of the employer or its extension can be carried out under articles 124 and 125 of this legislation, but only with the consent of the employee and in the presence of official documents.

They are:

• letters of offer to the employee to postpone the vacation;
• an order for the institution to amend the previously drawn up vacation schedule;
• employee statement.

In each individual case, additional certificates and documents may be required confirming the employee’s incapacity for work, difficult working conditions, minor age, etc.

The same article of the Labor Code of Russia lists the main and frequent reasons that may become the basis for adjusting the vacation schedule.

The reasons

For what reasons may it be necessary to postpone the legal and planned vacation?

These include the following:

• If the employee is on official leave in the performance of public duties, which involves official release from work.
• Business trip: the employer urgently needs to send an employee on a business trip, in which no one else, by virtue of competence or authority, can replace him.
• If there is a need for the presence of this particular employee at the workplace due to the nature of the organization's activities, tax or audit checks and other special circumstances.

An employee may be recalled from vacation if his absence will harm the enterprise or organization, but only with his consent.

Usually, the employer and the employee agree among themselves, the employee writes a statement on his own behalf that he wants to postpone the vacation to another time, and the authorities sign it.

Then the rescheduling occurs automatically. But it is still necessary to issue an official order in case of verification.

In what cases is this not possible?

The transfer of annual regular leave is not possible if:

• the employee belongs to one of the categories of employees who have the right to leave out of turn and can choose the date of its start: pregnant and lactating women, mothers raising children under the age of 3, husbands whose wives are in a position or on maternity leave, people with disabilities various degrees, veterans, etc.;
• if the employee has not reached the age of majority, that is, 18 years;
• if the labor activity is associated with being in life-threatening and harmful conditions.

How is the transfer of vacation due to production needs processed?

Drawing up an order

The order is drawn up so that the corresponding changes are officially made.

The order is written on behalf of the director. It should clearly indicate the reasons why it became necessary to postpone the vacation, instructions should be given to the employees of the personnel department on making changes to the organization's vacation schedule and other related documentation. The dates for which the vacation is postponed may not be indicated.

The order is signed by the director of the organization and the head of the legal department of the organization.

Without fail, the employee must be familiarized with it (which is also indicated in the order and certified by the signature of the employee) and other persons directly related to the change in the schedule - for example, employees of the personnel department.

Notification

The Labor Code of Russia does not clearly indicate the requirements for the execution of any of the documents related to the transfer or extension of vacation.

All papers are drawn up in any form.

It is only necessary to adhere to the standard details of the application and be sure to certify everything with signatures.

Is an employee statement required?

An employee's application, if formally formalizing the transfer of vacation in accordance with all the rules, is required.

It is compiled in an arbitrary form: the heading indicates the position of the director, his surname and initials, the position, surname and initials of the employee, the date on which the vacation will be postponed is written in the application itself, and the employee’s consent with such a transfer.

At the bottom is the date of writing the application and the signature of the employee.

A sample document can be downloaded here:

How is the transfer date determined?

The Labor Code of the Russian Federation does not establish any clear requirements for determining new terms and dates.

But at the same time, vacation cannot be postponed for a period of more than one year - the employee must use all the days assigned to him within 12 months from the date of transfer or termination of the vacation.

The employee has the right to choose the time of the new vacation.

As for vacation pay, there is such a small nuance: payments are accrued based on the average earnings of the employee, but they are not considered wages.

Thus, if an employee received vacation money and went on vacation, but “did not finish” him, since he was called by his superiors to work, he does not return vacation money - according to the law, the employer does not have the right to withdraw them.

For the hours and days worked during the vacation, the employee's salary is accrued as usual, regardless of whether he received vacation money or not. The recalculation will be carried out during the accrual of vacation pay next year, if the employee does not agree to voluntarily return them to the cashier.