22.08.2019
The provision of such a rest is quite common and in certain cases is beneficial as an employee of the company and the employer.
Almost always the initiative for the design of unpaid segments comes from the employee.
Conditions for the provision of rations at their own expense
The most important condition is the voluntary nature of the exit to unpaid leave.
Important! The management of the company does not have the right to put pressure on employees and forcibly send them to rest even in the case of crisis phenomena.
These provisions of the legislation do not oblige workers to enjoy their right. An employee can manifest the initiative in obtaining rounds at his own expense or not to use them by continuing to work.
Vacation without maintaining content can be taken in parts.
Duration of rest without wages It can be regulated by internal documents of the enterprise, but not to the detriment of the minimum established by the legislation.
How to arrange?
Registration necessary documents It occurs either according to the procedure established by the legislation, or taking into account minor changes adopted at the enterprise. Details These actions and how samples look like necessary documents, It should be clarified by your direct supervisor or in the personnel department.
The following components are the following:
- Writing an employee of the statement.
- Paper feed authorities.
- Coordination of the issue of providing weekends without detention with the leader.
- Registration of the order.
Actions of the employee
To receive leave without salary salary, an employee on his initiative should take a number of actions aimed at notifying the leadership of the plans.
Despite the fact that the legislation does not establish the timeline in which the initiative should be submitted as early as possible.
Management should have time to coordinate it in a calm mode, and the urgency of the decision should not cause complaints to this employee.
Before writing a statement, you should obtain the consent of the authorities.
Usually the last word remains for the director or head of the division on a large company, but the manager requires confirmation from the immediate boss that he is ready to release his subordinate without prejudice to work.
Consent should be obtained if the causes of holiday design at their own expense are not enshrined in the Labor Code of the Russian Federation or the local act of the organization.
The application is drawn up with the wording "I ask to provide extraordinary unpaid leave" in the name of the director, indicating the basis and timing.
Sample application for vacation without detention on the initiative of the employee (family circumstances):
An example of a statement on the initiative of a working pensioner:
The next action is the transfer of the application to the responsible representative of the company. You can send paper personally, by mail.
Depending on the working conditions, it may be necessary:
- pass the current reporting;
- return the inventory of the enterprise;
- finish the deal.
Steps of the employer
The agreed statement becomes the basis for the compilation of the order of the enterprise. It should be reflected in it:
- FULL NAME, TABEL number and the name of the position of the employee who goes into unpaid leave;
- date of departure and the number of days granted at their own expense;
- kind of vacation (in this case, extraordinary unpaid or without salary salary);
- listing the grounds for recreation.
Important! As a basis, it is not necessary to indicate a specific reason for which the employee wants to take a few days, and the norms of legislation and the name of the base document (employee statement).
If you specify a specific cause of care in order, it can be perceived as disclosing personal data. Such a measure is not directly prohibited by law, but is not welcome.
The order is issued on the established forms of T-6 or according to the adopted form.
Sample vacation order without an employee initiative:
The printed order is signed by the Director. The document assigns a registration number that is subject to a special journal. The following is the employee who is obliged to sign the document.
When drawing up an order, there are a number of restrictions for the employer:
- the document cannot be dated later than the day of human care on vacation without detention;
- an employee on vacation can not be fired at the initiative of the enterprise;
- an employee is entitled to write a letter of dismissal, while in unpaid leave, but he must warn the authorities two weeks before.
Important! Upon receipt of unpaid rations, it should be borne in mind that the weekend and holidays From vacation are not excluded. And if it came, the hospital manual is not paid, and the recreation period does not last.
Useful video
Read more important moments In the design of the segments on the initiative of the employee, you can see in this video:
In general, the legislation gives quite ample opportunities for staff to take leave on their own initiative without receiving money. The management also goes to concessions to the desire of his subordinates, but only if the employee serves the initiative in time and will not provoke conflict situations. The decision on the timing and date of vacation without a content has a compromise, since this measure should not damage the enterprise.
Stock Foto Vasi Sichikkin, Cabinog
Labor legislation, employees guaranteed paid leave (annual and optional). However, the employee has the right to count not only on paid leave: the Labor Code of the Russian Federation provides the possibility of providing leave without salary salary. This type of vacation is devoted to only one article of the Code. Accordingly, employers have many issues related to its application. In what cases does the employer have the right to refuse to provide unpaid vacation? How to make it? What maximum duration vacation without salary salary? You will find answers to these and some other questions by reading the article.
When is vacation without salary salary?
According to Art. 128 TK RF vacation of this type can be provided:- By decision of the employer (but he, having considered the reason, in which the worker asks for unpaid leave, and its production opportunities, may decide on refusal to provide such a vacation).
- Due to the legislation (when the employer cannot refuse a vacation employee without salary salary).
For a few words, let's say about the unpaid holiday by the employer's decision. Part 1 of Art. 128 of the Labor Code of the Russian Federation found that according to family reasons and other valid reasons, the employee for his written statement may be given leave without salary salary, the duration of which is determined by agreement between the employee and the employer. From this norm, we can conclude that mandatory conditions The provision of such a vacation is the relevant circumstances, the written statement of the employee and the consent of the employer.
It should be noted that the employer, making a decision on the provision of leave, assesses the reasons for which an employee is required, and if they consider them insignificant or disrespectful, have the right to refuse. We recommend objectively approaching this issue, because in the event of a dispute, the court or control body may fall on the side of the employee. For example, the Perm Regional Court considered the case of the recognition of the order for the use of disciplinary responsibility measures illegal. B. appealed to the employer with a statement on the provision of unpaid leave per day, without specifying the reason for which it is required. Accordingly, the employer refused to provide holidays, but B. did not come to work. For this she was reprimanded. The court, examining the materials of the case, found out the reason for the absence - the need to appear in the prosecutor's office and the court (the challenge was issued by the relevant documents) - and recognized the order on the use of disciplinary recovery illegal (the appeal definition of the Perm Regional Court of 12.08.2013 in case No. 33-7452).
Not always, of course, the court rises to the side of the employee. If he does not appear after the employer denies the provision of unpaid leave, the use of disciplinary responsibility measures up to dismissal for the walk, the court may recognize legitimate and reasonable (see, for example, the definition of the Moscow City Court of 09/08/2015 No. 4G / 8 -8669/2015, the appellate definition of the Omsk Regional Court of 02.09.2015 in case No. 33-6239 / 2015).
When will the employer failure be illegal?
As we found out, in some cases the employer is obliged to satisfy the statement of the employee about the provision of leave without salary. In particular, according to Part 2 of Art. 128 TK RF Employer must provide such a vacation:- participants in the Great Patriotic War - up to 35 calendar days a year;
- working pensioners in old age (by age) - up to 14 calendar days a year;
- parents and wives (husbands) of military personnel, employees of the internal affairs bodies, federal fire service, drug control agencies and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system who died or deceased due to injury, contusion or injury obtained in the performance of duties military service (services) or due to the disease associated with the passage of military service (service) - up to 14 calendar days a year;
- working disabled - up to 60 calendar days a year;
- employees in the child's birth, marriage registration, the death of close relatives - up to 5 calendar days.
Led in Art. 128 of the Labor Code of the Russian Federation The list of grounds when the employer is not entitled to refuse to leave far from exhaustive: the corresponding cases may be established by the Labor Code of the Russian Federation or others federal laws.
For example, according to Art. 173 TK RF Employer is obliged to grant vacation without salary to employees admitted to introductory tests upon admission to a higher education institution, as well as students of preparatory departments educational organizations Higher education for the passage of final certification - 15 calendar days. A little less - 10 calendar days of unpaid vacation - must provide an employer to employees who combine work with the receipt of average vocational education (Art. 174 of the Labor Code of the Russian Federation).
note
An employee who has two or more children under the age of 14, an employee who has a disabled child under the age of 18, a lonely mother of a child under the age of 14, a father to a child under the age of 14 without a mother, collective agreement Annual can be installed additional holidays Without salary salary in a convenient time for them, up to 14 calendar days (Art. 263 of the Labor Code of the Russian Federation).
In some cases, unpaid leave is assumed to the parties. So, by virtue of Art. 286 of the Labor Code of the Russian Federation, if at work on part-time the duration of the annual paid vacation is less than at the main place of work, the employer at the request of the employee must provide him with a vacation of the appropriate duration without salary salary.
But not only Labor Code Defines cases where the employer cannot refuse unpaid leave: such cases can be established by other federal laws. For clarity, imagine them in the table.
| The norm of the law | Categories of employees | Duration |
| Federal Law of 27.07.2004 No. 79-FZ "On State civil service Russian Federation" | Civil servants | Until a year |
| Federal Law of 02.03.2007 No. 25-FZ "On municipal service In Russian federation" | Municipal employees | Until a year |
| Federal Law of 27.05.1998 No. 76-FZ "On the status of military personnel" | Spouses of military personnel | Part of the holidays of spouses exceeding duration annual holidays at the main place |
| Federal Law of 09.01.1997 No. 5-FZ "On Provision social guarantees Heroes of socialist labor, labor heroes of the Russian Federation and complete cavaliers of the Order of Labor Glory " | Heroes of Socialist Labor, Labor Heroes of the Russian Federation and Full Cavalers of the Order of Labor Glory | Up to 3 weeks per year |
| Law of the Russian Federation of January 15, 1993 No. 4301-1 "On the status of the heroes of the Soviet Union, the heroes of the Russian Federation and the full cavaliers of the Order of Glory" | Heroes of the USSR, the Russian Federation and the full Cavalers of the Order of Glory | Up to 3 weeks per year |
| Federal Law of 01/12/1995 No. 5-FZ "On Veterans" | Disabled war | Up to 60 days a year |
| Vote participants | Up to 35 days a year | |
| Veterans of hostilities | ||
| Worked in the Great Patriotic War at the facilities of the air defense, the construction of defensive structures, naval bases, airfields and other military facilities | ||
| Federal Law of 12.06.2002 No. 67-FZ "On Basic Guarantees elective law and the right to participate in the referendum of citizens of the Russian Federation " | Trustedies of candidates participating in the elections, as well as trusted persons of electoral associations | For the period of office |
| Federal Law of 22.02.2014 No. 20-FZ "On the elections of deputies State Duma Federal Assembly of the Russian Federation " | Trusted faces political party, candidates nominated in constituencies | For the period of office |
We note: refusal to provide holidays guaranteed by labor legislation, and the subsequent disciplinary punishment of employees who have left for such a vacation without the consent of the employer is recognized by the courts and control of the authorities unlawful. So, Z. appealed to the court demanding to the Municipal House of Culture and Arts. G.V. Kalinichenko "On the restoration at work after dismissal for the program. During the consideration of the case, the court found that on the basis of the decision of the election commission of the municipal district of Z. as a trusted person of the candidate for the position of head of the district, a certificate No. 1 was issued that it was a trustee of the candidate. The employer was informed about this.
08.08.2014 Z. Received a phone call, she reported on the need to appear in the administration of MO, where she stayed from 13.00 to 18.00. 11.08.2014 Z. filed an explanatory note, in which he specified the causes of the absence and details of the certificate of the Trustee, and put a certificate from the MO administration. However, the leadership of Mu still fired Z.
By virtue of Art. 43 of the Law No. 67-FZ for the period of authority of the Trustee The employer is obliged to give trusted to persons at their request unpaid leave. Since such a vacation Z. was not provided, even though she did not write a statement, but he informed the guidance on the need for a lack of on the phone, the dismissal was recognized as illegal: for the departure of the work, there was a respectful reason - the implementation of activities related to elections than Z. Subsequently provided a certificate (the appellate definition of the Moscow Regional Court of 18.03.2015 in case No. 33-5980 / 2015).
For your information
Cases of the provision of unpaid holidays can be established by a collective agreement or sectoral agreements. For example, a sectoral agreement on organizations of the Federal Agency for technical regulation and Metrology for 2015 - 2017 a woman who has a child under the age of 16 is given the right to one additional day off a month without salary salary.
Summing up the section, let's say that if the employer provided a certain day of unpaid leave in full, then with a new request during the same year, an employer has the right to refuse the employee of a preferential category in such a vacation. For example, a disabled worker in April and August 2015 received unpaid leave for 30 days (in total according to Art. 128 of the Labor Code of Russia, the disabled is entitled to count on 60 days a year). If he will ask about unpaid leave, for example, in November - the employer has the right to refuse to provide such a vacation and it will not be a violation of the law.
Duration of unpaid holidays
For how long can the unpaid leave for family reasons be given? The Labor Code does not give a clear answer to this question and does not establish restrictions. Therefore, as a general rule, such a vacation can last a day, a week, a few months and any other period of which an agreement will be reached between the employee and the employer.However, some regulatory acts provide for the deadline for finding unpaid leave. For example, on the basis of paragraph 15 of Art. 46 of the Federal Law of July 27, 2004 No. 79-FZ "On State Civil Service of the Russian Federation" Duration of vacation without saving monetary contentProvided by family reasons and other valid reasons to civil servants cannot be more than a year. The same period is set for unpaid leaves of municipal employees.
note
How to be when the employee has several reasons for vacation without salary, for example, the employee is a pensioner and a disabled person, respectively, has the right to 14 and 60 calendar days of vacation? Labor legislation does not contain an answer. We believe that in this case the employee has the right to calculate only on vacation more duration.
Note that to keep records of vacations without salary is necessary for several reasons.
First, as we said, it will help the employer to justify the refusal to provide holidays to employees who, as a general rule, the employer must provide it (the appellate definition of the Altai Regional Court of January 22, 2014 in case No. 33-502 / 2014).
Secondly, the number of days of unpaid vacation is important for counting the experience to provide an annual paid vacation. Recall that according to Part 1 of Art. 121 of the Labor Code of the Russian Federation in the work experience giving the right to the annual primary paid leave, the time is included at the request of the vacation worker without salary salary, not exceeding 14 calendar days during the working year. Vacation time (holidays) without salary saving, exceeding 14 days, the inclusion in the specified experience is not subject to.
The not inclusion of such a time is reflected in the increase in the working year to the appropriate number of days that in personnel office proceedings means the bias of the beginning or the end of the working year, which was used without salary preservation (the appellate definition of the Krasnoyarsk Regional Court of 18.03.2013 in case No. 33-2432).
For example, the worker settled in the institution 10.03.2015. The duration of vacations without salary salary in 2015 has been 20 days. Since he was provided for more than 14 days of administrative leave, the duration of the working year will increase by the number of days exceeding 14, 6. Thus, the working year will begin on 03/10/2015 and will end 15.03.2016.
We draw up documents
Unpaid leave is provided only at the initiative of the employee (providing such leave on the initiative of the employer - for example, in the event of a decrease in the scope of work - is a violation of labor laws), that is, the employer needs an employee's statement. The statement should indicate the reasons for which the vacation is necessary for the employer to make an informed decision, and of course the desired dates.Consent (disagreement) With a statement, the employer can express, making an appropriate entry on it, for example, "I do not mind", "coordinated." Based on this enforced statement, an order to grant leave without salaries is published. For this purpose, a unified form T-6 (T-6A) or a form approved by the institution is applied. The order must specify the type of vacation, the number of calendar days of vacation and the date they have to.
For your information
Some workers go on vacation without waiting for the order. In this case, if they do not relate to preferential categories, which should be provided, the employer can fix the drum and apply the disciplinary action to the dismissal. For example, the Leningrad Regional Court in determining 03.07.2014 No. 33-3394 / 2014 indicated that the presence of a manager's resolution on a statement with a request to grant additional unpaid leave does not indicate an employee's achievement with an employer with an employer on this issue, since the provision of vacation should be issued Order.
An order to grant holidays signs the head of the Organization or other authorized person (part 4 of Art. 20 of the Labor Code of the Russian Federation). With the order, be sure to familiarize the employee under the painting.
If the institution employs remote employees, the design of unpaid leave for them can occur by exchanging electronic documents with enhanced qualified signatures (part 4, 5, Article 312.1 of the Labor Code of the Russian Federation).
And of course, information about unpaid vacation needs to be made in section. VIII Personal Card.
Is it possible to withdraw an employee from unpaid vacation?
There is no clear answer in the work legislation. But we believe that the employer may well withdraw an employee from vacation using the analogy with the norms of Art. 125 TK RF, regulating feedback from annual paid leave. True, with one nuance: the remaining from administrative leave in connection with the review of it days are not joined in the future to any holiday and are not provided at any time convenient for the employee during the working year.Finally
As a general rule, unpaid leave is provided on family circumstances on the basis of written statement worker. But there are cases where the employer is not entitled to refuse to submit such a vacation. They are defined by the Labor Code, other federal laws, agreements, collective agreements. In addition, remember that the vacation period exceeding 14 calendar days is not included in the experience in providing annual paid leave. And, of course, do not send workers on vacation without salaries themselves, that is, do not show the initiative - if during the consideration of the dispute, it will be revealed to such a vacation, it is possible to use to an employer administrative responsibility In the form of a fine under Art. 5.27 Administrative Code.According to respectful family reasons or other reasons, workers may be provided with rest without detention. So briefly is usually called vacation without salary salaries or at your own expense. Calculate it only in calendar days.
Vacation without detention is in the work experience, giving the right to a paid annual break in work in the amount not exceeding 14 calendar days per year. If an employee rested at his own expense more, then from the 15th day the period of work is shifted.
Who has the right to him
The right to such a kind of rest has every employee. The duration is negotiated individually in each case. But the head may refuse to provide such recreation if the production process without an employee will violate, and the organization will not be able to do without it in this period.
But, according to the Labor Code, management is obliged to provide unpaid vacation periods of the preferential category of employees once a year:
- warm participants - up to 35 days;
- pensioners - up to 14 days;
- parents and wives (or husbands) of those killed in the performance of official duties of military, firefighters, customs officers, oVD employees and UIS - up to 14 days;
- disabled - up to 60 days;
- employees when registering marriage, the birth of a child and in case of the death of close relatives - up to 5 days.
For example, vacation without detention for working pensioners can be attached to paid or used at another time of the year completely or several times.
How to issue
Sample vacation application without content can be downloaded on our website. The document is drawn up in arbitrary form. The main thing, the statement should be indicated in the application and the number of days necessary. The head must approve a statement, putting his visa on it. And after that, the framework draws up an order.
The public sector organizations should apply typical forms of primary accounting documents. The disposal for recreation is issued by a unified form No. T-6. In the order, after the head of the head, the employee signs. Thus, the fact of the absence of an employee is documented.
Sample application
Sample fill form No. T-6
Can the organization on their own initiative send an employee on vacation without detention
Rest without salary preservation is provided by an employee only at his desire for good reasons that pretended in his personal life. At the initiative of the employer, it is impossible.
There are cases when an unstable situation arises at the enterprise. For example, the leadership could not provide for the volume of work and arose simple. Downtime due to the fault of the employer should be paid. But ignorant or unscrupulous employers, seeking to justify their entrepreneurial risks, offer subordinates to go on vacation at their own expense. It is unlawful.
Employee and Employer Responsibility
The maximum coordination of the interests of the employee and the employer will serve as a good stimulus for the development of labor relations. In some cases, the employee must be warned in advance that he needs a rest so that production is not injured due to its absence. Guide in advance in this case will revise the schedules of employees or find a temporary replacement.
It is important to explain to the head of the cause of the circumstances, because of which it is necessary to temporarily leave, listen to his opinion, and, consider it when deciding, write a statement. Employers, as a rule, are unhindered in this case agree to fulfill their obligations and release employees.
The employer is obliged to always comply with the norms of labor law. Violation entails an administrative warning or imposition of a fine on an official in the amount of from 1000 to 5,000 rubles, and on entity - from 30,000 to 50,000 rubles.
Vacation without detention is the provision of workers free from work days, which will not be paid by the employer. This is usually happening at the request of the employee. Alas, it happens that there are no unfair employers to be resorted to this decision when any difficulties arise at the enterprise. How legitimate are such actions, as well as what cases of relaxation at their own expense are legal, consider in this material.
Details of the provision of rest at their own expense stipulated in article 128 of the Labor Code of the Russian Federation. According to this norm, its initiator can only be an employee. And the days are provided in coordination with the employer.
What is vacation without content
In some cases, when the employee has good reasons, it can take advantage of the right to leave without salary preservation. An employee comes to the employer in the form of a written application to the employer in the form of a written statement.
If the personnel and production realities of the enterprise allow you to provide a vacation at your own expense, the employer signs a statement. In other words, you can relax without salary salary only by agreement with the employer.
- went participants;
- working pensioners in old age;
- family members of military personnel, employees of internal affairs bodies, fire-fighting service, etc. due to injury, illness or death;
- working disabled;
- employees who have a child have been planned to register marriage or a close relative died.
At the same time, each group has the right to different recreation duration. For example, vacation without detention for working retirees can be up to 14 days a year, for working disabled people - up to 60 days a year, for participants of the Great Patriotic War - up to 35 days a year, etc. These norms are stipulated in Article 128 of the Labor Code of the Russian Federation. I must say that a list of workers who cannot be refused in rest without detention can be supplemented with categories specified in others. regulatory acts. Therefore, before refusing an employee in signing a statement, it is necessary to make sure whether it does not belong to any of the preferential groups.
What else is worth knowing
According to Article 121 of the Labor Code of the Russian Federation, the vacation without a detention is included in the work experience taken into account when granting an annual paid recreation, if its duration is not more than 14 days. BUT hospital listsdecorated during this period will not be paid.
In addition, employees should know that it is impossible to be forced on vacation without a detention at the initiative of the employer. If the unscrupulous employer, using his influence and threat to apply any sanctions, forces to write a statement at his own expense, the employee has the right to contact the Inspection on Labor, the Prosecutor's Office or Court. If the fact of violations is installed, the employer will punish the penalty (Article 5.27 of the Administrative Code):
- from 1000 rubles. up to 5000 rubles. - for officials and IP;
- from 30 000 rubles. up to 50,000 rubles. - for legal entities.
Leave without a detention, or as it is also called, unpaid leave is one of the types of vacations provided for by the relations of the employee and the employer. Divided into two categories. Voluntary when the worker wants to get a vacation on his own initiative, and forced - when the break in the work is forced and initiated by the employer. In this article, we will briefly analyze the basic legal aspects of the provision of leave without detention on both categories.
Labor Code
I will give several provisions from the Labor Code of the Russian Federation, regulating the procedure for providing unpaid holidays to employees.
According to Article 76 of the KZOT RF, employees have the right to extraordinary leave without salary conservation due to family circumstances, diseases and other valid reasons. But the vacation without a detention on the initiative of the employer is not provided for by the current legislation.
And if, as a result of non-workers, the workflow provided for in labor agreement, Suddenly stops, then (according to Article 94 of the Labor Code) they are entitled to pay for idle time. The resulting amount should not be below 2/3 of the tariff rate. If the employer does not fulfill these requirements, the employee has the full right to contact the Commission labor disputes or even in court.
The gone provided is issued by the employer's written order. During the lack of employee, it is preserved workplace and occupied position. All the time spent on vacation without detention, does not go into labor experience and is not taken into account when calculating the annual main paid leave (article 121 of the Labor Code of the Russian Federation).
Vacation without detention
As a rule, the employee and the employer can individually decide the period for which the first has the right to leave the workplace, and indeed, it has. But there are certain groups of persons (their list is indicated in the Labor Code), which employers have no right to refuse to leave, or provide a vacation for a shorter term than is stated in the relevant article TC. I will list the main ones:
- Working retirees - up to 14 days a year.
- Wives and husbands of military personnel who have received injuries, serious illness or even those who died during the military service, up to 14 days a year.
- Working disabled - up to 60 days a year.
- Marriage registration, the death of close relatives - up to 5 days a year.
- Other cases provided by collective agreements, labor code or other regulatory documents.
How to make an application for such a vacation?
There is nothing difficult in this, you only need to understand a number of simple rules. The most basic one of them is "unpaid vacation should be provided solely on the initiative of the employee." Employers have no right to even influence their employees, hinting with them about the need for vacation at their own expense. An employee in a statement must specify the reason for which he must provide a vacation and its required duration.
So that you can imagine how this document should look, I prepared several examples that can be taken as a basis when drawing up your own statement.
Application for vacation without content Sample number 1
Statement.
An example of a statement.
The petition you applied in the shortest possible time should be considered by the employer. And if you enter one of the previously listed groups of workers who are laid guaranteed vacation without a detention, then you must give it. In the rest of the same cases, there will be a vacation or not, depends on the decision of the employer. For example, he will need to estimate whether your absence will be serious damage for manufacturing process.
Is it appropriate?
Going into an unpaid squash, the employee must realize all the shortcomings of this solution - the time of the mandatory paid vacation will move away, for a while will cease to accrue money, go labor / insurance experience. I already keep quiet that the weekend that unexpectedly arranged his weekend could spoil relations with the staff on which the boss could take his duties. In this regard, I recommend using the right of vacation without a content only in the case of of courseAnd not to, for example, to repair or go to the city at home or go for a week.
That's all I wanted to tell. If the article was not mentioned by any moments with which you or your familiar came across when designing an unpaid vacation, describe them in the comments.
Opinions of people
Indeed, vacation without detention takes only in extreme cases when misfortune happens in the family, and you have to go to another city. And no longer let it be released from production or from the company, you will have to dismiss. Worse, when we are sent on vacation without a content when the company stops or closes. Then forcibly sent to take a walk.
Thanks for the good article. I would like to add that, indeed, on vacation without content is usually sent in order to save money, and, as a rule, it is a bad sign. If this is a private firm, then it is often an employee to understand what they want to dismiss. He can catch after returning from such a vacation at his workplace of the new employee.
In the second sample embarrassed by the "base" graph. What may be the foundation? I am a free person, I can't pay my vacation, what boss is generally what I'm going to do at this time?!
Not always vacation without content take when something happens. Teachers have the opportunity to relax from overvoltage.
The Law of the Russian Federation "On Education" (paragraph 5 of Art. 56) and the Labor Code of the Russian Federation (Art. 335) enshrine the law of the teacher for a long vacation. Pedagogical workers of the educational institution no less often than every 10 years of continuous teaching work have the right to a long vacation for a period of up to one year, the procedure and conditions for the provision of which are determined by the founder and (or) the charter of this educational institution.
So, if there is money, you can relax legally, without losing the workplace.
I took at my own expense in the summer she did not work.
In general, it is not so simple. You are really a free person, but the administration is the responsibility of providing the production process in which you perform a specific function if you realize your right to leave without a detention, then the administration will have to look for a replacement on the above place or the production cycle will violate. In this way, the administration may well refuse to implement your legal right until it finds you a full-fledged replacement, but if it finds it, you will have a competitor who ultimately may well take your place, leaving you at all without Work.
Only in the event of vacations for inadvaluity personal reasons. Are these reasons enough - yes, decides the boss and can refuse to provide holidays.
However, there are categories of circumstances, when to refuse unpaid leave is not eligible, and this is governed by part 2 of Article 128 of the Labor Code of the Russian Federation.These are such circumstances as marriage registration, the death of a relative, the birth of a child, the examinations in the university, session, graduation exams and so on. Agree, the reasons are certainly respectful, however, many, not knowing about their rights, do not use unpaid leave, for example, to pass the session. And just asked for a day-another.
It should be recognized that the attitude to vacation without a detention from employees and the administration has recently changed radically. So earlier, the right to receive such a vacation was interpreted by workers even as a certain benefit that employers were provided extremely reluctant, now, when many productions are in a practically crisis state, employers are ready to provide unpaid employee's holidays as much as possible and sometimes even forcing them for this, And the workers, on the contrary, try hard to avoid such vacations, as they are seriously hit by their pocket.
We now have almost everywhere. One girlfriend in December leaves, and not own willing, the other in January. And I'm "lucky" in March. And the main thing is not to avoid such a vacation. Good only for two weeks, and not for a whole month. Many in this forced rest are going to go to the resort, and there are those who will look for another job. And not because the work is needed, but just in case, and while there is free time. So at the end of the leave was the choice to stay at the old work or go to the new one.
In addition to all other inconveniences related to the fact that on vacation without a content, we are sent forcibly and at the same time do not pay anything, the time of staying on this vacation affects the duration of the usual paid vacation, which for each month of stay on vacation without detention is reduced by two and a half day.
The most interesting thing is that many employers refuse this vacation while I worked on municipal enterprise, they could not let anyone at all, and if a person wanted to go to paid vacation, he was forced to take it without a detention, so as not to pay holidays, but not an understanding that a person had a vacation for example, for 2010, when his salary was Less, then when dismissaling will have to pay holidays from the calculation of the new wage.
Nastasya13
Nastasya13, everywhere in different ways, but in budget organizations recently began to refuse to provide annual labor leave, not to mention the vacation "without detention", which is also needed in the most exceptional cases.
Angelica
Tips are useful, for those who work for state approvals.
I worked in a public institution, so we are paid, and unpaid holidays provided without problems. My husband's friend in a private office often sends grandparents and other retirees into unpaid leave. So it was before the crisis. They are satisfied, because pensioners are more often tired of work.
Very often, people take leave without content in much more prosaic reasons. Who told you that for other reasons they do not let go? Sometimes a person just got sick, and he does not want to go to the hospital or will not be given it, since the disease is not so serious. The bosses often go to meet and provides a vacation without a detention. This is common practice. Nobody dismisses due to a couple of days.
By the way, I agree with some comments in the fact that now unpaid vacation employers give more eagerly than before. But we still try to resort less to it, only in the case of cases.
We can easily give a vacation without a detention, however, we don't write a statement in such a form, a little simpler with us.
They take in extreme cases, just so rarely who takes, everyone wants to earn an extra penny, rarely bosses refuses if only urgent work appears a lot of it in the amount.
Our enterprise always ask the cause of vacation without detention, and if there is no one at all, they may not give. Even if there is a reason, may not let go if the challenge at work per season. At your own expense or not at your own expense, but the base should be. Since your job someone must do instead.
I regret that I did not take a vacation when I got married, it turned out so was on the advanced training courses, and then the holidays began and decided not to take a vacation itself, but at work one-time allowance Displays 5000, although I think this is the dependent leader.
Dionee, vacation without content is good because the employee during his absence can solve his problems during his absence, but to someone who works for the missing employee, the employer is obliged to pay to work, and otherwise there will be a conflict.
