Application for leave at your own expense

Is the employer obliged to provide leave at his own expense to the employee or not?

Unpaid leave explains the absence of an employee from the company with the permission of his boss, while no salary is accrued during his absence.
The procedure for allocating unpaid leave to a working person is regulated by Art. 128 Labor Code of the Russian Federation. Life sometimes presents various situations that are not always combined with the work routine of a working citizen. If he needs to be in another region at some time, the manager can assist him by releasing him without pay, if this does not harm the state of affairs in the company. In order to have the manager’s consent to an unpaid vacation, the subordinate must write an application addressed to the manager, providing significant circumstances. Often, arguments need to be supported by documents and attached to the submitted application. The duration of such leave is set by the head of the company based on the request of the subordinate and the days displayed in the written application, as well as production capabilities. The head of the institution, having studied the submitted documents, can satisfy the subordinate’s request in full, reduce the length of leave if required by production needs, or not sign at all. At this point, allocating unpaid leave is a manager’s right, not an obligation.

At the same time, sometimes there are circumstances when a boss does not have the right not to allow a subordinate to go on unpaid leave. The Labor Code of the Russian Federation defines a list of circumstances when a boss is obliged to satisfy a request for rest from his subordinate. In this option, the subordinate must send a request for unpaid leave to notify the company administration.

If a subordinate is on such leave, then the company management does not have the right to terminate the employment agreement with him. Such a subordinate can be dismissed only if the latter submits a request for voluntary resignation from work.

Vacation Algorithm

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

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.
Read also: Are Vacation Pay Included in the Calculation of Sick Leave in 2021
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.

Whom the employer does not have the right to refuse leave without pay?

The Labor Code of the Russian Federation regulates provisions when an employed person can submit a request for leave without pay, and the boss is obliged to satisfy his request.
Such circumstances include:

The birth of a subordinate child in a family . A certificate certifying such an event includes a birth certificate. Here, a working person acquires the right to unpaid rest for 5 days.
Worker's wedding . If an employee gets married, then the head of the institution, at the request of a subordinate, upon presentation of the appropriate certificate, must release him for 5 days.
Death of a loved one . To acquire the right to skip work, an employed person must present a certificate of death of a relative, as well as a certificate certifying the relationship of the subordinate with the deceased. The length of the vacation is 5 days.
If the worker is a pensioner . At his request, unpaid leave may be granted for up to 14 days within one year.
If the subordinate is a WWII veteran . The length of unpaid vacation for such persons can be up to 35 days.
If the working person has a disability . Such subordinates acquire the right to unpaid leave for up to 60 days.
If a subordinate family member who is a military personnel dies in the family, the right to miss work may be up to 2 weeks.

In addition, the administration is obliged to release a subordinate without charging payment in the options expressly noted in the Federal Law.

These options are:

If an employed person simultaneously works and studies, including taking advanced courses.
Supports a close relative.
If a person works part-time for a company and the length of vacation at the main institution is greater than in this company. This also applies to the situation when the leave of one of the military spouses is longer than that of the working person. He has the right to administrative leave during the same period as the serviceman's leave.

The management of the company, in internal regulatory documents, has the right to establish other circumstances for granting unpaid leave to team members, for which the management of the institution is obliged to release. Such acts include Collective Agreement, Enterprise Rules, Vacation Regulations, etc.

The legislation provides that working persons belonging to the preferential group receive the right to unpaid rest for the entire prescribed period, or to divide them in parts.

Note. If a subordinate at an enterprise has the right to 2 benefits at the same time (for example, disability and retirement age), then the employee can choose only one of the benefits that is more convenient for himself.

Can an organization, on its own initiative, send an employee on leave without pay?

Rest without pay is provided to an employee only at his request for valid reasons in his personal life. It is not possible at the initiative of the employer.

There are times when an unstable situation arises at an enterprise. For example, management was unable to foresee the scope of work and downtime occurred. Downtime caused by the employer must be paid. But ignorant or unscrupulous employers, trying to justify their business risks, offer their subordinates to go on vacation at their own expense. This is illegal.

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:

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.
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.
Read the order for unpaid leave (Form No. T-6) and sign it, confirming the fact of such familiarization with your signature.
The personnel officer will reflect the data in the personal file of the subordinate.

Responsibility of employee and employer

Maximum coordination of the interests of the employee and the employer will serve as a good incentive for the development of labor relations. In some cases, the employee must be warned in advance that he needs rest so that production does not suffer due to his absence. In this case, management will review employee schedules in advance or find a temporary replacement.

It is important to explain to the manager the reason for the circumstances due to which you need to leave temporarily, listen to his opinion, and take it into account when making a decision, write a statement. Employers, as a rule, freely agree in this case to fulfill their obligations and let employees go.

The employer is obliged to always comply with labor law standards. Violation entails an administrative warning or a fine for an official in the amount of 1,000 to 5,000 rubles, and for a legal entity - from 30,000 to 50,000 rubles.

Source of the article: https://gosuchetnik.ru/shablony-i-formy/instruktsiya-kak-oformit-otpusk-bez-soderzhaniya

How to apply for leave at your own expense in 2019

A request for unpaid time off is not an approved uniform form.
Such a petition is filled out in a free style, but its structure must correspond to business letters of this kind. A request for administrative leave is usually written on a standard A4 sheet of paper, either manually or printed using modern technical means. The main condition of such a form is the personal signature of the applicant.

If an employee finds it difficult to draw up such a statement, a sample of such a form or a completed example can be found on this website. Often, business document templates at a company are posted on the bulletin board. As a last resort, you can contact the personnel department and ask for the form there.

Filling out a request for unpaid leave begins with the header of the form, which is located at the top in the right section of the page. The position, company name and full name are displayed here. director.

Below is written down information about the applicant, noting the position held, personnel number, structural department and full name.

Then, a little lower in the middle of the line the name of the form “APPLICATION” is displayed

Stepping back a little, the main section of the document is filled out, which usually begins with the phrase “Please ...” and then states a request for administrative leave, displaying its start date and duration. Considering that the allocation of such rest is not considered the responsibility of the company’s management, it is necessary to display the reason for the request.

Note. In the petition section of the request, you can display the usual reason “for family reasons,” but in order to convince your superiors of the need for such leave, it is advisable to display the actual reason or present irrefutable arguments about the impossibility of refusal, attaching the necessary certificates.

In this version, after presenting the main text, below you need to write the phrase “APPENDIX” and list the list of attached references.

If, when registering a request for administrative leave, a working person does not have the required confirmation - for example, there is no certificate of birth of a baby, which is issued later, then it is necessary to note in the request the date of provision of such a certificate.

At the end of the written request, you must put the date it was written and sign.

Unpaid leave at the initiative of the employer

In practice, such situations happen quite often. The difficult financial situation of the company, renovation of the premises, downtime of production - there can be many reasons. The employer seeks to save money and sends employees on vacation at their own expense. Thus, he not only infringes on the rights of staff, but also violates the law.

It is impossible to send them on leave without pay without the consent of employees. In case of downtime, the organization is obliged to accrue two-thirds of the average earnings. You can reduce your staff, but then you will have to pay compensation. In addition, the employer will lose employees and is unlikely to bring them back when the situation improves.

To temporarily disband the staff without firing anyone, you will have to negotiate with each employee. Such leave can be issued only if it is possible to convince each employee to write an application. Everyone indicates their own reason, for example, due to family circumstances. If an employee writes that he is going on unpaid leave due to renovations in the office, the employer will be fined upon inspection and forced to pay the staff for forced downtime.

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 a statement

The document can be filled out not only by hand, but also on a computer. The main thing you should pay attention to here is the correct structure of the application. There should be a header, title, body of the statement, signature and date.

How to apply for leave at your own expense

A “header” is filled in the upper right corner. The position of the head of the organization in whose name the application is being written is indicated here. His full name is also indicated in the dative case. Enter the company name. In addition, you need to write the name and position of the applicant.
Then the title is written, i.e. the word "Statement". It is written with a capital letter in the center of the page. There is no need to put a period after the title.
The text below is written in free form. However, you need to remember that you should not demand leave, but ask for it politely. Often the manager’s decision depends on the intonation with which the statement is written. Here it is important to indicate that you are asking for a free vacation. It is advisable to write the reason and period for which you need time off.
At the bottom of the page is the date the document was compiled. The applicant's signature must also be present here. Without it, the application cannot be considered.

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:

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.
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.
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.

Studying legislation

You will be surprised, but the regulatory framework rather weakly limits the worker and the employer in form. That is, no matter how you write the application, in theory, you will still receive leave without pay. The Labor Code of the Russian Federation (Article 128), however, contains a strict rule regarding categories of citizens who cannot be refused. These include:

WWII veterans;
disabled people and pensioners;
military spouses.

Each category has its own period of unpaid rest. A disabled person can receive the maximum period of leave without pay. This category of workers, according to the Labor Code, rests for up to sixty days. As for ordinary people, their maximum period of leave without pay is determined on a contractual basis, which is sometimes taken advantage of by unscrupulous employers. They force people to write a corresponding application in order to save money. Please note that such an event is illegal.