Life presents pleasant surprises and bitter pills to every person, regardless of their official employment. The legislation in the Russian Federation is quite loyal to the employee. The Labor Code has a special article regulating the relations of the employee and the administration of the enterprise in such cases. He is granted leave without maintenance. However, not always, but only in specially agreed cases. Let's talk about them.
Documentary base
The employee's right to leave without maintenance is enshrined in article 128 Labor Code of the Russian Federation. In the same place, special categories of citizens are identified, which the administration is not entitled to refuse. There are only a few. Namely, leave without maintenance upon application must be granted to veterans of the Great Patriotic War and working citizens who are already receiving retirement benefits by age, students and people with disabilities, family members of military personnel serving or killed. The article also indicates the terms of the holidays. The longest rest laid for the disabled. It can reach two months. Participants of the Second World War, if they are still able to work, have the right to apply for 35 days. All the rest - for two weeks. That is, these privileged categories of citizens leave at their own expense must be provided necessarily. The refusal is considered unlawful, that is, violating applicable law. All other employees are required to agree with the administration. This means that they may not be allowed to take a walk whenever they want.
In what cases is leave without maintenance provided
With the right to absence at work sorted out. Almost all citizens have it. However, this right must be proved to the boss. It is no secret that in some organizations the leadership does not want to delve into the problems of people, it reacts very negatively to their requests. The legislation strictly does not stipulate what exactly is considered a good reason. Only a few are indicated. For example, an employee has the right to officially request leave at his own expense when changes occur in his family. At a wedding or seeing off to the son in the army, to the child’s fees in the camp or sanatorium. That is, such leave is given to solve family or personal problems. The latter include studies, weddings, spa treatment, and so on.
The legislator has left workers and their superiors people with a wide field for reaching agreements. That is, in fact, it is up to you to decide when to release the person, and when to refuse, the administration may at its discretion. Naturally, this does not apply to cases expressly specified in article 128. The employee is given the right to prove the need for additional leave. Nevertheless, he is obliged to obey the decision of the leadership. In addition, good reasons giving the right to receive additional rest, it is desirable to fix in the Collective Agreement. This document is adopted at the general meeting. He acts as a means of additional pressure on the unyielding boss.
Vacation application without content
We understand further. Just like that, no one will let go on vacation. It is necessary to officially notify the administration (chief) of their desire. That is, you should file vacation application without content. This is a real document, not a simple piece of paper, as some believe. He has a special form. It all starts with a hat. It is written in the right half of the sheet. The addressee is indicated there.
That is, the full name of the position of the chief, his name. Next, you must specify the data of the applicant. They consist of the name of the post and the same name. Then in the middle of the sheet you need to write a “statement”.Further in the text, the content of the document goes from the red line. We indicate what we want, why, dates, and so on. At the bottom, you must put the date and signature. Sometimes it makes sense to refer in the text of the statement to the article of the Labor Code of the Russian Federation. This will affect the decision of the management if you ask for statutory leave without maintenance.
Sample Application
Director of Roskredit OJSC
Ivanov M.S.
From Sales Manager
Sidorova V.I.
Statement.
I ask you to give me leave without maintenance for a period of ___ calendar days, namely from ___ to ____ due to family circumstances (to decipher).
date
Signature
Below, it is recommended to add the written consent of the immediate supervisor. On the same sheet should be typed the word "agreed." Near the chief will put his signature and date. Sometimes this person expresses his own position on this issue. This is done in writing in order to prevent violation of the rights of the employee.
When can they refuse?
Unfortunately for the employee, management is not always in agreement with his position; he is not ready to meet him. That is, a person may be denied. This is done in cases where the employee does not belong to the indicated preferential categories, the authorities consider his request unreasonable. But the leader cannot simply break the statement or write “refused” and that’s all. He is obliged to put forward his own arguments. Mandatory in writing. That is, a resolution is written on the statement (in the upper left corner). She expresses consent or reasoned refusal. For example, the manager writes: “Refuse due to the impossibility of stopping the production process.” This means that there is no one to replace a person. In principle, in this case the authorities do not violate the law. Therefore, the employee should go with his statement to the director and try to prove his case.
Some nuances of law enforcement
Why be guilty, the leadership of this article of the Labor Code of the Russian Federation sometimes applies in its interests. That is, workers can be tricked or forcefully sent on leave without maintenance. Is this legal? If a person did not give consent, then no. However, there are frequent cases when employees and the administration agree. It is beneficial to both. The fact that the company has difficulties. It is not able to issue wages. Then the team goes towards the leader. People want to save jobs. They are sympathetic to their boss. In other cases, you can claim compliance with your rights in court or look for another place of service.
Summing up, we note that unpaid leave is a great way to allow people to get out of a difficult situation. It is an opportunity to come to a mutual benefit. This means that all problems are solved within the enterprise at the level of relationships. Nevertheless, this does not apply to the provision of holidays specified in the legislation. Keep this in mind.
