Is it necessary to write a vacation application?
In accordance with Parts 1 and 2 of Art.
123 of the Labor Code of the Russian Federation, the order of vacations in an organization is determined by a schedule that is mandatory for both the employee and the administration. And according to Part 3 of Art. 123 of the Labor Code of the Russian Federation, the administration of the enterprise is obliged to notify employees of the dates of vacation against signature 2 weeks before its start. Formally, the Labor Code of the Russian Federation does not require the employee to write an application for leave, since the main legal significance for the employer is the leave schedule and order (it determines the duration of leave and other legally significant issues).
However, in practice, employees, as a rule, write applications for leave, since the norms of the Labor Code of the Russian Federation stipulate a number of situations when an employee (at his request or due to production needs) part of the leave or all of the leave is extended, postponed or replaced with compensation. In this regard, the employer must take into account the wishes of the employee, which are legally correctly reflected in the application.
Step-by-step instructions for registering annual leave were prepared by ConsultantPlus experts.
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Who needs to submit a leave application at their own expense?
Life dictates different circumstances, which are not always combined with the work schedule and routine. If a person needs to be present for some time not at work, but in another place, the employer can help him by providing leave without pay, if this does not contradict the interests of the business. And sometimes the employer is simply obliged to let his ward go for a few days.
In the legislation, provisions on unpaid leave are found only in Art. 128 of the Labor Code of the Russian Federation, therefore, managers and lawyers have to deal with the intricacies, nuances and related documentation, regulating them with local acts.
Do I need a “I do not object” resolution on a vacation application?
The issue of putting a resolution on an application is not regulated by the Labor Code norms. In practice, this means that only a statement from the employee is enough, and the head of the organization decides whether or not to put down a resolution and what exactly to write on the statement.
Legal practice has developed a number of standard formulations that express the employer’s agreement to provide leave within the time frame that the employee specifies in the application. Among them you can find such as “I don’t mind”, “agreed”, etc.
The presence of a resolution acquires practical significance in situations where the issue of agreeing on leave must be resolved with several managers or services (accounting, human resources department, etc.). Then, in order to make a decision, the head of the organization needs to take into account the opinions of the heads of departments, expressed precisely by putting the corresponding resolutions on the statement.
Is a manager visa required for employee applications?
The main executor and co-executor have the right to give instructions in the form of resolutions to persons directly subordinate to them (clause.
2.6.15). lost its power. Currently in force And despite the fact that it has lost force (it is currently in force), and it only applied to federal executive authorities, some of its requirements can be applied in your work, for example, by stipulating them in a local act of the employer. The manager’s resolution can also be addressed to another employee, who is thus delegated the right to make a decision and who himself will have the right to determine the executor(s) of the document.
For example, if, according to the job description (employment contract), the deputy head of personnel is in charge of issues of labor relations, and the application is written in the name of the head of the organization, then the latter has the right to address the application to his deputy director of personnel.
Who has the right to sign an employee’s application for leave?
When receiving the written wishes of the employee, expressed in the application, questions arise: how to sign the employee’s leave application and who should do it.
The Labor Code does not directly indicate this, however, by interpreting its norms, one can come to an unambiguous conclusion.
According to Part 2 of Art. 56 of the Labor Code of the Russian Federation, the parties to an employment contract are the employee and the employer - labor legislation does not provide for the presence of other parties.
Consequently, the director (manager) of the organization or another person authorized by the charter or local regulations has the right to adopt and put a resolution on the application for leave. For example, this could be the head of the HR department, etc.
Summary
The instruction of the head of the organization on the employee’s application, containing the essence of the decision he made, is called a resolution. The procedure for processing employee applications should be enshrined in a local regulatory act (instructions for personnel records management).
If a manager receives a letter of resignation from an employee, he has several options:
- Approve all points of the application
- Approve in essence, make adjustments to the dismissal procedure
- Refuse indicating the basis for the decision
- Refuse without explanation
IMPORTANT: refusal without explanation is possible only if the employee did not draw up the document according to the regulations or made mistakes in the dates and full name.
If the application is drawn up according to the regulations and the employee wants to resign of his own free will, the manager cannot refuse without explaining the reasons. Moreover, his refusal to dismiss the employee can be appealed to the labor inspectorate or even in court. It does not matter how exactly the resignation letter is drawn up, handwritten or printed.
What conditions of dismissal can be adjusted by the manager?
The rules for registering the dismissal procedure involve not only submitting an application from the resigning employee, but also determining the period of service, the rules for handing over cases and the availability of additional compensation for the resigning employee.
For example, if an employee writes: I request dismissal without service and payment of compensation in the amount of 2 salaries, the manager, with whom no prior agreements have been reached on these points, may refuse in particular:
- Pay compensation not approved by the order and/or employment contract
- Refuse to reduce the working period, since according to the Labor Code of the Russian Federation it must be at least 14 days only with a number of exceptions
It turns out that if an employee was able to discuss everything with the manager in advance and achieve preference upon dismissal, he needs to know not how to endorse a resignation letter, but when and who will prepare an agreement to terminate the employment contract on pre-agreed conditions. This will no longer be dismissal at will, but termination of the employment relationship by agreement of the parties. If you resign under standard conditions, then there can be no question of a shortened working procedure and additional payments.
This is important to know: Leave before maternity leave according to the Labor Code 2021
Upon dismissal you will be given:
- Salary for days worked per month
- Compensation for unused vacation
- Allowances, if you were previously given them
- Awards and bonuses based on performance
- Certificate of income and average earnings
- Work book with entry
At the same time, it is completely clear who should sign the resignation letter. Your manager will do this. If you work in a separate department, you will first need to obtain the signature of your immediate supervisor. In any case, you must be dismissed within 14 days of filing your application. If you are on a probationary period, then you can afford a short period of only 3 days.
When is the manager's visa on a resignation letter?
In practice, there are cases when no visa is needed. This is due to retroactive dismissal or termination of contracts without statements. In this case, the application that is usually used for a visa is simply not there. The basis for dismissal is either an agreement of the parties, or a report of an offense and other similar papers. When they get to the personnel department, an order will be drawn up. Based on the order, an entry will be made in the work book.
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How to endorse (sign) an application for a manager’s leave?
The head of the organization, like any other employee, in accordance with the provisions of Art. 115 of the Labor Code of the Russian Federation, an annual paid leave of at least 28 calendar days is required.
The procedure for applying for leave depends on whether the director is the sole founder or an employee hired by the founders, the board of directors or another owner of the company.
If the director is also the owner of the company, then he does not need to write an application for leave, and he draws up the corresponding order in his own name and signs it. The number of days of leave and the time of its provision are determined in this situation by the director himself.
See also “Sample order for the general director’s leave.”
If the director is hired by the owners of the company, then the issue of his leave is agreed with them. Accordingly, in this case, the director must write a leave application addressed to the authorized founder (chairing the meeting of founders, if there are several of them). It is the authorized founder who has the right to put a visa on the application on the basis of the minutes of the meeting of founders, at which the issue of the director’s leave was considered. The order for granting leave is also signed by the authorized founder.
Check whether you have correctly registered the CEO's leave with the help of ConsultantPlus. Get trial access to the system and learn the nuances of filling out documents for free.
How to write an application correctly?
To write an application, the easiest way is to use a template that a specific organization has. Of course, such a template does not always exist, and for some reason this sample may simply not be at hand.
What to do in this case? We propose to consider step by step all the nuances of completing the application.
In general, this type of application is drawn up according to all general rules.
Those. The structure must contain the following elements:
- "a cap". From whom are we writing a statement, to whom;
- document's name. In this case it is a “Statement”;
- the text itself;
- Required details: signature and date.
We will talk about each of the elements separately.
Let's start with the "cap". It is located in the upper right corner and contains the name of your organization, as well as the surname and initials of the manager - this is the addressee of the application. In addition, you must provide your own data, i.e. surname, initials and position.
The second element – the title of the document – is the simplest. You just need to write “Application” in the center of a sheet of paper.
Next you need to write the contents of the application. Here you should write in a request form (“please provide”) about granting the next paid leave, be sure to indicate the duration of the leave itself.
The application is completed by affixing a date and signature.
After this, your immediate supervisor will have to put down his resolution (“I don’t object,” indicate the date and be sure to sign).
It is also desirable that the signature be deciphered and the position of the signatory indicated.
Are there any difficulties you might encounter while writing? It’s unlikely, although certain nuances need to be taken into account. For example, the personnel departments of some organizations require that typewritten applications not only be signed, but also dated by hand.
That is, it turns out that within a particular organization there may be some features and additional requirements regarding the preparation of applications. To avoid misunderstandings, it is better to clarify all questions with your employer immediately before writing.
Read further - a civil contract with an employee for the provision of services. Detailed sample.
In the article (here) how to open an online store.
How to find out the OKPO of an organization by address? https://urist.club/other/terminy-i-opredeleniya/kak-uznat-okpo.html
Useful video
This video is about unpaid leave . Consultant and HR auditor Elena Ponomareva says:
Any employee has the right to apply to the employer for an additional day off. Situations are identified in which the manager cannot refuse this action.
The duration of extraordinary legal rest is established either in accordance with the Labor Code of the Russian Federation, or by agreement with management.
It is also important to consider that it is possible to take time off for several hours.
Labor Code of the Russian Federation OZ 17 4 Additional annual for social categories DB 18 5 Absenteeism (if going on vacation was unauthorized and unlawful) PR 24
