Working people know that Art. 128 of the Labor Code of the Russian Federation guarantees them the right to take additional unpaid leave. At this, the educational level of many citizens ends. However, the question of Art. 128 is quite voluminous, it is replete with many nuances, subtleties, all kinds of undercurrents. Often, the administration interprets some facts in its favor (who wants to lose the benefit from the employee, albeit at his expense). Some bosses are generally not inclined to respect the law or do not know it. Therefore, it is necessary to study and use your rights to the full. Let us examine what article 128 of the Labor Code of the Russian Federation “Leave without pay” gives to a person of labor.
Document Content
There seems to be no need to provide a short text here. The document is not secret, its contents are easy to find on your own. We will go over the main points. Art. 128 guarantees a person the right to ask the administration for additional leave. Please note that there is no hint in the text that any application should be granted. On the contrary, the right of the administration is to make a decision. Only some privileged categories of citizens cannot be refused. They are clearly spelled out, as well as situations where the administration of the enterprise is obliged to meet people.
In addition, Art. 128 refers to the fact that in other documents it can be supplemented by special conditions. If you look deeper, then these rights are significant. Some legislative acts oblige the authorities to respond positively to the employee’s statement in certain cases (see below). Broad rights are granted to the labor collective. If he reaches an agreement with the administration, then the list of good reasons for which a negative decision cannot be made is expanding.
Vacation duration
Article 128 of the Labor Code of the Russian Federation (part 1) describes general issues. It means that a person has the right to unpaid leave for family reasons. The duration of this vacation should be agreed upon by the employee with the boss. The situation, it should be noted, is quite useful for both sides. Each with pleasure pulls a blanket over herself. How? Remember what happened in the labor law earlier. There was a provision that the duration of this type of vacation can not exceed two weeks. This paragraph was removed, giving the parties greater authority.
Now the employee, if necessary, asks as much as he sees fit, indicating real or far-fetched reasons. The administration, under certain conditions, pushes (forgive this word) its people on vacation at their own expense for an indefinite time. Of course, in compliance with all prescribed in Art. 128 conditions. It seems they wanted to expand the rights of the employee, but it turned out “as always”. We repeat, the duration of the vacation, except in special cases, is regulated by agreement of the parties. But there are such moments prescribed in our article when the administration has no choice - it is obliged to respond positively to the request of the employee.
Special cases
Just say, there are a lot of them. There are provisions that have already lost their objectivity. So, article 128 of the Labor Code of the Russian Federation obliges to provide the specified vacation to veterans of the Second World War, even regulates the period (35 working days). You must admit that it’s hard to imagine working old men over ninety years old, even more incredible if someone refuses such a person a vacation. But there are more real norms in the legislation. So, the spouses of people in uniform (the list is in the article), the administration must provide a vacation of at least 14 days.This refers to military personnel and police officers who are actually working and pensioners who have been injured, injured or disabled.
Article 128 of the Labor Code of the Russian Federation “Leave without pay” for retirees is required to provide the same guarantees. That is, they must be given a vacation of 14 days upon request. The administration has no right to refuse. If a disabled person applies for such a privilege, then he needs to be given almost two months of rest (60 days a year). People who are not included in preferential categories, have more truncated rights. They will not be refused if there is a wedding, seeing off to the army of the son, to the camp of the kids, the birth of a child at the wife. These good reasons call the authorities to give five days. The same thing will happen in the event of the death of a loved one.
For students
Special rules apply to people who receive education. Of course, they are entitled to study leave for the delivery of the session, preparation of the diploma. But it is legally determined that the administration is obliged to release them in other cases. So, if you need to pass tests, to confirm knowledge in between, then you can get up to 15 days of unpaid leave. The list of educational works is not strictly limited, or rather, defined vaguely. That is, depending on the education plan, an employee can apply for additional rest if he can confirm this need with documents. It is important! If the reason is indicated, so to speak, from the words of the author, it is not legally justified for the administration. The authorities relies on paper. All reasons should be confirmed. How it's done?
We make a statement
We turn to the unloved society bureaucracy, which is implicitly present in Art. 128 of the Labor Code of the Russian Federation (part 1) “Vacation without pay”. The rights of the employee and the administration are indicated there. There are no words on how to implement them. There are special personnel documents. In order to qualify for vacation, you must submit an application in writing. It is standard. The header indicates to whom, from whom. The text must state the reason for your appeal. That is, respectful circumstances, preferably in the law. In the article itself, vacation is called “for family reasons”. If you write these words, the administration with a light soul will refuse. Her law does not oblige to respond positively to this cause.
Supporting documents
In order not to be denied, circumstances should be mentioned that cannot be considered unsatisfactory. They are listed above. Each should be confirmed by paper. If there is a wedding, take a certificate of date, a document on the degree of relationship. When you need leave for study - paper from an educational institution. If you have a benefit, it should also be confirmed. That is, a bare application is not recommended. Justify it with appropriate documents. Then the authorities will have less reason to refuse.
Vacation
When the application is signed, this is not a reason to leave the service. Vacation is issued by order. On your application, the boss writes a resolution and transfers it to the personnel department. An employee of this unit is preparing a draft order. The boss signs it. The document is being registered. After that, the applicant met him. When an autograph with the date is put on the order certified by the authorities containing the details, the job is done. You can not come to work as many days as you allotted! By the way, the worker has the right to return to service at any time if desired. It is only necessary to notify the authorities in writing.
Conclusion
Art. 128 shopping mall is written to protect the employee in special cases. She regulates his relationship with the administration when unusual life situations arise. You only need to know the legislation and be able to use it in order not to lose your job, not to fall under the pressure of unscrupulous authorities. Good luck!
