Work during the holidays

Of course, everything happens. It happens that a colleague, performing your duties during the vacation, gets sick or just does not cope. It happens that capricious customers want to work only with a specific specialist, and they have to reckon with, because at stake - money and reputation. Employees holding key positions, qualified specialists and specialists who are "in a single copy" at the enterprise, Work during the holidays is also not a novelty.

If the matter is not complex and does not require much time,if you are on good terms with the authorities and are ready to help, it is quite possible to render such a service. But remember that the boss does not have the right to force you to work on your legal leave. Work during the holidays is regulated by Article 125 of the Labor Code of the Russian Federation. If the employee needs to be present at the workplace during his / her vacation, vacation tip. And this review is allowed only with the consent of the employee, you can not be recalled from leave on a compulsory basis.

Part of the leave not used in connection withrecall must be compensated. These days you can "take a walk" in the current working year when you want, and you can add to the next paid vacation next year. But keep in mind that there is category of employees who can not be recalled from leave. It includes workers under the age of 18, pregnant women and workers employed in work with harmful and / or hazardous working conditions.

But work during the holidays is not always connected withwithdrawal from vacation on urgent (or not very business). It happens that the employee wants to take a vacation, get vacation, but while working on vacation and get paid. But "wants" does not mean "can" or "has the right". You can not both be on vacation and at work, you can not simultaneously receive salaries and vacation. And it is unlikely that the employer will be delighted with this situation.

The only thing that can be talked about in this situation is about replacement of leave with monetary compensation. But there are many limitations thatregulates article 126 of the LC RF. The annual main paid leave of 28 days can not be replaced by monetary compensation. Only the part of leave that exceeds 28 days can be compensated.

In addition, basic and additional paid holidays can not replace monetary compensation, when it concerns pregnant women, workers under the age of 18 and an employee employed in work with harmful and / or dangerous working conditions, for working in such conditions.

Sometimes - if work during the holidays is beneficial andemployee, and employer - they find workarounds. For example, an employee goes to another paid vacation and gets vacation. And the employer concludes with him at this time a contract for the provision of paid services or a contract agreement. But these ways are risky enough and not always legal. During the holiday the employee should not be on the territory of the enterprise, so that problems with labor inspection can not be avoided.

Is it possible to work on vacation, if youwork part-time? For example, did you take a vacation on one job, but at the same time continue to work for another? This option is also not possible. According to Article 268 of the LC RF vacation at part-time job should be provided simultaneously with leave on the main job.

So that work during the holidays can not. If you can not do without you - you need to registerleave a review and take a walk the rest days of vacation afterwards. Well, if you want to improve your financial situation by getting vacation pay and salaries or working at another job, then it's impossible to do it legally.