Vacation is granted to all officially working citizens. Experts can count on it annually, and its duration is at least 28 days. For employees of special industries or citizens working in difficult conditions, the duration of rest may increase. In this case, it is often necessary to arrange a vacation at your own expense. It is necessarily offered to veterans, people with disabilities and other persons with a specific status. In addition, it can be requested by ordinary workers who have complex family circumstances. At the same time, it is important to know what is the optimal vacation time without saving wages.
Vacation concept
Often, citizens need to not come to work for a certain amount of time, while the standard annual leave is already fully utilized. In this case, they can ask the employer for a certain period of rest at their own expense. To do this, you must write an appropriate statement, which indicates the duration of the vacation without saving wages.
The rules for the design of such a period of rest are indicated in Art. 128 shopping mall. It is usually called administrative leave. Leave without pay is granted under the following conditions:
- the employee has unforeseen family circumstances or there are other good reasons for the suspension of work;
- The right to such leave is annually held by some employees who are disabled or raising children with disabilities, as well as other specialists determined by the legislation and internal regulatory documents of companies.
The possibility of its design is negotiated between the employer and the hired specialists. Duration of leave without pay is established by the state and the direct employer. Often there is a situation when the departure of a specialist from work brings the company certain losses. In this case, the company management may refuse to issue a rest period for the employee.
Advantages and disadvantages
The possibility of registration of such a period has both pluses and minuses for hired professionals. Therefore, before turning to the employer with a request, you should make sure that there are valid and valid reasons. In Russia, leave without pay must be made taking into account the following points:
- during this period insurance contributions are not transferred, therefore, the size of the future pension does not increase;
- if at this time the specialist falls ill, they are excluded from the hospital days during which the citizen was on vacation;
- the maximum period of this period is not established by law, but in Art. 121 of the Customs Code, it is indicated that the norm is usually to provide a maximum of 14 days a year without payment.
But the design of this period of rest has some positive aspects. This is due to the fact that everyone can legally increase their annual vacation. But this requires consent from the employer. Duration of leave without pay is considered significant, but it must be agreed upon with the employer in advance.
Most often, such an opportunity is necessary for parents of young children.In addition, such an offer is often used by people who prefer long trips, so they do not have enough regular vacation to visit a particular country.
If an employee abuses his abilities and too often draws leave at his own expense, this could negatively affect his reputation as an employee.
Who can arrange?
Based on Art. 128 of the Labor Code of the Russian Federation leave without pay may be requested by any hired specialist. But some workers have the unconditional right to arrange such a period of rest. They belong to vulnerable categories of the population, therefore, they often need additional rest. Duration of leave without pay is determined taking into account the status of the applicant:
- Veterans and participants of the Second World War. They are offered a maximum of 35 days a year.
- Pensioners who have decided to continue working. They can count on a maximum of 14 days a year.
- Family members of the dead military. Parents or spouses of military personnel, as well as citizens serving in customs, law enforcement agencies or the fire service, who died while serving, may annually make an additional unpaid vacation for 14 days.
- Disabled persons officially employed by the company. The duration of leave without pay for persons with disabilities is 60 days.
- Other employees who may take extra rest in connection with various emergencies or family circumstances. Most often, there is a need for days of leave at the death of relatives, registration of marriage or the birth of a child. Under such conditions, the duration of such a period cannot exceed 5 days.
- Specialists receiving higher education. 15 days are given for passing entrance exams, and 1 month is issued for passing state exams.
- Workers caring for minors and working on the basis of a collective agreement, according to Art. 263 shopping centers in certain situations can arrange 14 days of additional rest without payment.
- Specialists working part-time can arrange a vacation for the period of the difference between the two vacations at different places of work.
- Government or municipal employees may take leave without payment for one year.
- Workers acting as proxies of political parties or candidates may draw up such a period for a period during which their powers must be exercised. Under such conditions, the maximum duration of leave without pay is not established.
- Volunteer firefighters can count on 10 days of additional rest, during which they are not saved.
- War veterans can issue 35 days each year.
The maximum duration of leave without pay is set at the legislative level, but companies themselves, through the publication of an appropriate order, can make certain adjustments to their records related to this vacation. In this case, the requirements of the employer, which should not contradict the law, are taken into account.
Design Nuances
Workers who can count on completing additional days of rest without saving earnings should know what features this process accompanies. These include:
- a collective agreement may provide for the possibility of issuing such leave by any employee of the enterprise;
- all parents have the right to it if their children are not yet 14 years old;
- it will not be possible to transfer the remainder of such leave to next year;
- a period of leave without pay is provided exclusively when the employee draws up the relevant application;
- the employer cannot, on his own initiative, arrange such rest for hired specialists.
If the head of the enterprise forces the employees to write the corresponding statement, then the citizen can file a complaint with the labor inspectorate or the prosecutor's office, so the employer will be held accountable on the basis of the provisions of Art. 5.27 of the Code of Administrative Offenses.
How does it affect seniority?
Each employee who draws up additional vacation days should know how this process affects his work experience. If the duration of the leave without pay is more than 14 days, then this period is not included in the length of service.
Therefore, its design will lead to the fact that next year the duration of the standard paid vacation will decrease. In addition, the frequent registration of such days on the future size of the pension will negatively affect it.
How is it drawn up correctly?
Regardless of what the established duration of the leave is without pay, each employer must know how it is properly drawn up. The rules of this process include:
- based on Art. 128 TC is certainly offered such a vacation only if there is a correctly formed statement from the employee of the organization;
- the application can be made in any form, but information about the reason for receiving additional days of rest, as well as their number, must be entered into it;
- a document is sent for familiarization with the employer;
- if the management of the company makes a positive decision, then an appropriate order is issued, for which you can use the standard uniform form or the form that was approved by the company;
- the order is signed by the head of the company and the employee;
- the necessary information about this vacation is reflected in the personal card of the company employee, formed according to form No. T-2;
- when filling out a personal card, the type of the issued vacation is indicated, its duration, and the start and end dates of this period are also recorded.
When compiling various documents, it is necessary to reflect how long a vacation without saving wages is necessary for an employee so that he can effectively cope with all personal problems that have arisen.
Application Writing Rules
Vacation is provided solely on the basis of a well-written statement. An employer cannot force a specialist to form this statement, so the initiative should come from the citizen himself. When compiling the document, the requirements are taken into account:
- regular writing is used;
- it is indicated that rest is required at one’s own expense;
- it states how long a vacation without pay is required for a citizen so that he can rest or deal with serious family problems;
- the heading lists information about the employer, provided by the details of the company, full name of the head and address of the company;
- the essence of the request is described in the text, for which it should be indicated for what reason it is required to arrange such vacation days;
- at the end of the document is the date of its preparation.
The application must be signed by an employee of the organization.
When can an employer refuse?
Each employee can take leave under certain circumstances without pay. Dates are established by law, but in addition they are agreed with the head of the company where the citizen works. All the rules for making such a holiday are prescribed in Art. 128 shopping mall.
An employer may refuse to issue a vacation if it is certain that the reason for its registration is not significant. For this, the reasons given in the application are analyzed.But the law does not contain information about what reasons are really considered serious and respectful, so objectivity should be maintained by both the employer and the organization’s employees.
The employer cannot refuse in the following situations:
- the applicant is an employee who, on the basis of his status, has the right to annually arrange long-term leave without pay, the duration of which is strictly set in the Labor Code;
- the employee is required to pass exams or a diploma while studying at a university on a full-time basis;
- course participants must pass exams for continuing education;
- the applicant has evidence that serious unforeseen family circumstances have arisen requiring his presence, for example, there is a certificate of marriage or the birth of a child.
If there is a bad relationship between the employer and the hired specialist, the head of the company may refuse to take leave if it is required for family reasons. It will be necessary to understand this situation with the help of employees of the labor inspectorate or through the court.
Vacation duration
Duration of leave without pay is set at the legislative level, but at the same time, this period can be increased by the direct employer if he has good relations with employees. Therefore, the only restriction is the decision made by the management of the company.
When determining the maximum leave without saving wages, the management focuses on what problems may arise in the company due to the absence of a specific specialist at the place of work. Therefore, the importance of a particular employee for the functioning of the enterprise affects this. If really good relations are established with the employer, then you can count on a long vacation.
The application of the established duration of leave without pay to employees who belong to specific categories is mandatory. Therefore, on the basis of their status or health status, citizens can count on additional rest. For them, the state determines how many days they can count on when making such a holiday.
Most often employers use the following terms:
- if a person has evidence that serious family circumstances have arisen, for example, a close relative has died or a long and expensive treatment is required for a child or other family member, then even 5 months can be provided to solve these problems;
- if an employee takes full-time or part-time studies at a university with the permission of the employer, then he or she needs to take regular leave without saving earnings, and in the year its duration can reach even 4 months;
- family members of deceased military, firefighters or law enforcement officers are provided for various purposes 14 days a year, and citizens can even take advantage of this period for holidays abroad;
- veterans can count on a minimum of 35 days a year, but often employers provide these workers with more time to relax, but this initiative should be fixed in the company's internal regulatory documents.
Employees of the enterprise must independently agree with the management of the company about for what period of time they need to take a vacation without saving earnings. Often, employers make a negative decision, but it must be justified. If it is positive, then the specific terms are agreed upon by the two parties.
Can different bases be used simultaneously?
To obtain additional leave without maintenance, various grounds available to the employee of the company may be used.Therefore, citizens often have the question of whether several grounds can be applied at once to count on longer holidays. For example, a company may employ a pensioner, who is at the same time a war veteran. But under such conditions, vacation periods that can be granted to a citizen when using one or the second basis are not summed up.
The employee independently chooses the basis on which the longest period of rest is offered. For example, as a veteran, a citizen can count on 35 days, and as a pensioner he is offered 14 days. When drafting a statement, it should be indicated that the basis is the status of a war veteran. In this case, the employer provides leave at the expense of the employee for a maximum of 35 days.
Extraordinary rest is allowed to be added to the standard annual vacation. It is permitted by law to use it in its entirety or to break it into several parts. The only limitation is the impossibility of transferring the remaining days to the next year.
Can an employer fire an employee during this period?
According to the law, the head of an enterprise cannot dismiss an employee on vacation who can be standard or without saving earnings without good reason. But there are some exceptions, which include:
- liquidation of the company;
- an agreement is drawn up by the director with the employee, on the basis of which the employment relationship is terminated during the period when the specialist is on vacation.
In other cases, dismissal at this time is easily recognized as illegal. This applies to any type of vacation, and even to that for which the employee is not paid. It is not allowed by law to increase the period provided by the employer due to holidays or weekends. All this information should be known to the accountant of the company, since it is he who is responsible for calculating the salaries of the employees of the company.
Conclusion
A vacation without payment may be required for each person for various reasons. It can be issued by any employee if there are good reasons. According to the requirements of the legislation, the employer must provide some citizens with additional days of rest without saving earnings without fail.
The procedure for processing such leave must be competent, therefore, the employee must compile a statement based on which, if there is a positive decision from the employer, an order is issued. The duration of this period is determined by the law and the head of the enterprise. The director may refuse to arrange this holiday if there are good reasons. All disagreements will have to be resolved through a court or labor inspection.