Article 128 of the Labor Code of the Russian Federation. Leave without pay

Legislative regulation

In Art. 128 of the Labor Code of the Russian Federation states that the administration of the employing company has the right to provide a specialist with days of vacation without saving at his written request, if the citizen has valid reasons for absence from work. What specific grounds to recognize as such are decided by management based on their own ideas about feasibility.

In practice, specialists often take time off due to studies, family reasons, or to visit a doctor or government agencies. The reason is indicated in the application. If the administration of the company considers it not strong enough, it has the right to refuse the citizen to satisfy his request.

In Art. 128 of the Labor Code of the Russian Federation states that there are certain categories of persons to whom the employer is not entitled to refuse to provide time off within the designated limits. These include:

• specialists of retirement age;
• disabled people;
• close relatives of military personnel who died for reasons related to their professional activities;
• citizens getting married;
• persons in whose family a child was born;
• citizens who have lost close relatives.

The maximum period of time off is not regulated by law. Its definition is the result of agreements reached between the enterprise and the employee. If management does not object, the specialist goes on leave without pay for one day or for a year.

Sample application for 2021

We offer a sample application for leave at your own expense (time off) in docx format.

What documents need to be completed after the application?

After registering a request for unpaid leave, the company’s HR officer is responsible for completing the necessary documents:

1. Order for rest, according to form T-6 . The order requires section “B” to indicate that vacation is allocated without registration of salary. The basis for drawing up the order is the details of the registered request. The working person must sign the announced order.
2. Then, the data is recorded in the section “VIII Vacation” in the vacationer’s personal card . Information from the issued vacation order is entered here, displaying the type of vacation, duration, first and final day, and data on the order. The calendar length of such leave is indicated only when it is issued in accordance with legislative standards.
3. The corresponding entries are filled out in the work visit record sheet for the vacationer. The responsible person enters the entry of the absent employee on the time sheet with the symbols “BEFORE” or the number 16. Holidays and weekends are also marked with such symbols, since they are included in unpaid leave.

How to write an application for time off?

According to the text of Art. 128 of the Labor Code of the Russian Federation, in order to receive time off, an employee must prepare an application. It is written by the citizen in free form or according to a template proposed by the HR department of the employing company. As a rule, the document contains the following information:

• write two applications (one for time off, the second for leaving the company);
• prepare one statement that articulates both intentions.

In the application, the employee must provide:

• date of leave;
• information that leave is granted without saving;
• its duration (indicated in calendar days);
• date of termination of the employment contract;
• handwritten signature.

The employee decides independently how detailed the reasons for the leave of absence are to be described in the application. Experts advise not to limit yourself to general formulations, but to provide detailed explanations. It is from them that the employer’s administration will conclude whether the grounds are valid.

Content

A request for unpaid leave is filled out in a free style; however, it is required to follow its structure, in which to display the contents of the document, similar to similar business letters.

The request must display:

• Information about the boss to whom the subordinate applies with a request for unpaid leave, showing his position, company name and full name.
• Full name and position of the applicant, with other data displayed.
• A petition setting out the start date of the vacation, the legislative norm for its allocation and the length in days.
• List of attached materials certifying the validity of the request (if any).
• The date of the request and the signature of the applicant.

If a person belongs to the preferential category of workers, then you need to provide a link to an article of the legislation of the Russian Federation that ensures the right of an employed person to go on unpaid leave.

How to write an application for leave followed by dismissal?

The legislation does not prohibit an employee from taking time off for the two-week period of work required by the Labor Code of the Russian Federation before dismissal. Satisfaction of such a citizen’s request is the good will of the employer, with the exception of the categories of benefit-bearing employees mentioned in Art. 128 Labor Code of the Russian Federation.

If the company does not mind sending a citizen on leave before dismissal, he has the right to do one of two ways:

• write two applications (one for leave, the second for leaving the organization);
• prepare one statement that articulates both intentions.

In your application you need to indicate:

• date of leave;
• information that leave is granted without saving;
• its duration (indicated in calendar days);
• date of termination of the employment contract;
• handwritten signature.

Sample statements are not provided by the current legislation, so the employee draws them up in free form in compliance with business style standards.

Procedure for applying for vacation without SWP

If an employee, due to current circumstances, needs to receive administrative leave, then he is obliged to perform the following actions:

1. Fill out a request for leave, stating the start date, length and reason. If there is a preferential basis, you need to provide a link to the legislative norm and attach supporting certificates.
2. Register an application at the reception of the head of the company or the personnel department and wait for the resolution of management, if the reason for the request for leave is not a preferential category.
3. Read the order for unpaid leave (Form No. T-6) and sign it, confirming the fact of such familiarization with your signature.
4. The personnel officer will reflect the data in the personal file of the subordinate.

Vacation Algorithm

To allow an employee to take time off, the enterprise administration acts according to the following algorithm:

1. Receives a statement from an employee

   It specifies the period of absence from work on account of vacation and the reasons why the specialist needed time off. Based on the above, management makes a decision whether to release the specialist. If it requires documents to confirm the valid nature of the reasons for absence (for example, a doctor’s certificate, a subpoena), it has the right to request them.

2. Issues an order

   The administrative document indicates the dates of the employee’s planned absence. The hired specialist gets acquainted with his text against signature. He can go on leave only after the order has been issued, otherwise his failure to appear will be regarded as absenteeism.

   Read also:  Application for leave followed by dismissal: sample 2021

Mandatory leaves without pay based on Federal laws

The list of grounds for compulsory leave without pay is not limited to the Labor Code. Certain categories of workers have this right based on federal laws. We present these categories of citizens in table No. 3

Can an employer refuse to grant administrative leave?

The Labor Code states that each employee can file a claim in the name of the manager

application for granting him administrative unpaid leave.

Unpaid leave at the initiative of the employee is provided to him on a contractual basis, i.e. with the consent of the employer. Its main purpose is to solve various kinds of family problems that occurred before the period of paid leave. Its main advantage is the impossibility of dismissing an employee who is on vacation.

Among the good reasons that allow an employee to go on vacation are weddings and anniversaries of relatives, seeing off a son in the army, sending children to sanatoriums and children's camps, etc.

The law of the Russian Federation does not contain a specific list of reasons recognized as valid, therefore, the assessment of the degree of need for additional leave rests with the employer. However, such reasons may be specified in local acts of the organization and the collective labor agreement.

Circumstances that are recognized as respectful by all leaders are: marriage, birth of children and death of close relatives.

To receive leave for one of the above reasons for up to 5 days, the employee must write an application and provide the appropriate certificate from the state registration authorities.

Employees who do not belong to the categories of citizens entitled to additional leave may be denied it.

If the head of the organization considers the reason specified in the application to be insufficiently valid or the absence of the employee, in his opinion, will negatively affect the activities of the enterprise, he may not allow him to go on vacation. And this act will be absolutely legal, since the employee’s labor rights are not violated.

How to correctly spell the phrase “without pay”

The meaning of the phrase “real wage”

Real wages are the purchasing power of wages.
See also real. All meanings of the phrase “real wages”

The meaning of the phrase “salary”

Wages (employee remuneration) - remuneration for work depending on the employee’s qualifications, complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments. (Article 129 of the Labor Code of Russia) Salary (colloquial salary) is monetary compensation (other types of compensation are practically unknown) that an employee receives in exchange for his work.

All meanings of the phrase “salary”

The meaning of the word "preservation"

SAVE, -i, cf.
Action by value
verb save—save
and state according to verb.
preserve—preserve (in 1 and 2 digits).
Give money for saving.
Keeping the secret. Law of energy conservation. All meanings of the word "save"

The meaning of the word "earning"

EARNING, oh, oh.

All meanings of the word "earning"

The meaning of the word "fee"

PAYMENT, -y, w.

1.
Outdated Action by value
verb to pay;
payment. Produce payment.
Payment of debts. All meanings of the word "fee"

Sentences containing the phrase “without pay”

• If temporary disability occurs during the vacation period without pay

  or parental leave, the benefit is not issued.

• Employees entering a university that does not have state accreditation for the relevant programs are given leave without pay

  provided by the employer upon the employee's application justified by a document (certificate, invitation, letter) from the university on the admission of the applicant to entrance examinations at the university or to final exams at the preparatory department of the university.

• In case of continuation of temporary disability after the end of the vacation without pay

  or partially paid parental leave, the employee’s benefit is issued from the day he was supposed to start work.

• (all offers)

Synonyms for the phrase “without pay”

• additional leave
• part-time work
• average earnings
• continuous work experience
• established by collective agreement
• (more synonyms...)

Associations to the phrase “salary”

• salary
• payment
• worker
• Job
• profit
• (more associations...)

Associations to the word “preservation”

• keep
• save
• safety
• storage
• security
• (more associations...)

Associations to the word “fee”

• money
• taxes
• patch
• duty
• salary
• (more associations...)

Associations to the word "save"

• for better preservation
• energy saving
• conservation law
• take care of conservation
• (full compatibility table...)

Associations to the word "earning"

• wage
• workers' wages
• raise wages
• (full compatibility table...)

Associations to the word "payment"

• wage
• workers' wages
• salary amount
• get paid
• (full compatibility table...)

Morphology

• Analysis of the composition of the word “save”
• Analysis of the composition of the word “earnings”
• Analysis of the composition of the word “fee”

Spelling

• How to spell the word "preservation"
• How to spell the word "earning"
• How to spell the word "plat"
• How to spell the word "payment" correctly