Unpaid days. How to properly arrange and take into account unpaid leave. Rest at your own expense with the filing of an employee

The Labor Code of the Russian Federation enshrines the right of every working person to grant unpaid leave wages“For family reasons and other valid reasons” (Article 128 of the Labor Code of the Russian Federation). These terms are not specified anywhere, therefore the manager independently determines how much the reason indicated in the statement is weighty to let go of the employee. Most often, the employer decides the issue of vacation "at his own expense" based on the production needs of the enterprise.

The duration of unpaid leave is not limited by law. This issue also remains at the discretion of the employer, with the exception of situations when he is obliged to provide leave at the request of the employee (they are discussed below).

Deny can't be let go

There are several cases when an employer cannot refuse an employee: the birth of a child, a wedding, or the death of a close relative. This is stated in Art. 128 of the Labor Code of the Russian Federation. It also lists the categories of workers to whom unpaid leave is granted without fail, regardless of the reason. These are pensioners, disabled people, family members of dead servicemen, etc.

The right of employees to leave without pay is spelled out not only in the above-mentioned article. The categories of citizens whom the leader cannot refuse are also listed in Art. 173 and 174 of the Labor Code of the Russian Federation and a number of federal laws. We have collected all the main cases together, they are presented in the table below.

Employees who are granted leave	Duration of unpaid leave	Base
1. Cases regulated by the Labor Code of the Russian Federation
Any employee in cases of childbirth, marriage registration, death of close relatives	Up to 5 calendar days on each basis	Art. 128 of the Labor Code of the Russian Federation
Parents, wives (husbands) of military personnel who died or died as a result of injury or mutilation received in the performance of military duties, or as a result of an illness associated with military service	Up to 14 days a year	Art. 128 of the Labor Code of the Russian Federation
Participants of the Great Patriotic War	Up to 35 days a year	Art. 128 of the Labor Code of the Russian Federation
Working disabled	Up to 60 days a year	Art. 128 of the Labor Code of the Russian Federation
Working old age pensioners (old age)	Up to 14 days a year	Art. 128 of the Labor Code of the Russian Federation
Workers combining work with higher education vocational education for bachelor's, master's and other programs *
	15 days	Art. 173 of the Labor Code of the Russian Federation
Employees - trainees of preparatory courses	15 days for final certification	Art. 173 of the Labor Code of the Russian Federation
	- 15 days in the academic year for intermediate certification; - 4 months to prepare and defend the graduation qualification work and passing the final state exams; - 1 month for passing the final state exams	Art. 173 of the Labor Code of the Russian Federation
Employees combining work with secondary vocational education *
Employees admitted to the entrance examinations	10 days	Art. 174 of the Labor Code of the Russian Federation
Workers who are already undergoing training	- 10 days in the academic year for intermediate certification; - 2 months for state certification	Art. 174 of the Labor Code of the Russian Federation
2. Cases regulated by federal law
Civil servants	Up to 1 year	Federal Law of 27.07.2004 No. 79-FZ
Municipal employees	Up to 1 year	Federal Law dated 02.03.2007 No. 25-FZ
Military spouses	Part of the spouses' leave that exceeds the duration annual leave in the main place	Federal Law of May 27, 1998 No. 76-FZ
Heroes of Socialist Labor, Heroes of Labor Russian Federation and full holders of the Order of Labor Glory, Heroes of the USSR, RF and full holders of the Order of Glory	Up to 3 weeks per year	Federal Law dated 09.01.1997 No. 5, Law of the Russian Federation dated 15.01.1993 No. 4301-1-FZ
War invalids	Up to 60 days
War veterans who worked during the Second World War at air defense facilities, the construction of defensive structures, naval bases and other military facilities	Up to 35 days a year	Federal Law of 12.01.1995 No. 5-FZ
Proxies of candidates running in elections, as well as proxies of electoral associations	For the period of office	Federal Law of 12.06.2002 No. 67-FZ
Trustees of a political party, candidates nominated by electoral districts	For the period of office	Federal Law of 22.02.2014 No. 20-FZ

* Applies only to those employees who study full-time or receive a second and subsequent education. If an employee is receiving education for the first time or studying in part-time / part-time, then the vacation is paid and is called educational.

The employer must grant leave to the part-time employee if the rest period at his main place of work is longer. The part-time worker draws up the missing days without pay.

Art. 319 of the Labor Code of the Russian Federation guarantees one of the parents working in the regions of the Far North and equivalent areas, who has a child under 16, an additional day off without pay on a written application.

In addition to the above cases, unpaid leave may be provided for by a collective agreement if the relevant condition is spelled out in it. For example, an employer can give an annual additional leave of up to 14 calendar days to women with two or more children under 14 years of age, to parents of disabled children under the age of 18 at a convenient time, etc.

It should be noted separately that the employer has the right to refuse the employees mentioned above if they have already exhausted their limit on the duration of compulsory unpaid leave during the year (Article 263 of the Labor Code of the Russian Federation).

Let's calculate the losses

Having received the consent of the manager for several days without pay, the employee often calculates only his obvious losses - a decrease in wages. However, there are a few hidden points to warn the employee about.

Not everyone knows that the length of rest without maintenance directly affects the length of service and insurance payments. Firstly, only 14 days without pay per year can be included in the calculation of seniority for the main paid leave. All days in excess of this limit are not counted in the specified length of service (Article 121 of the Labor Code of the Russian Federation). Secondly, unpaid leave postpones the start time of the old-age pension. Days taken by an employee without pay are not included in the length of service required for the appointment of a pension. Third, the amount of disability benefits decreases next year, since the total income and the amount of contributions to the Social Insurance Fund for the current year will decrease.

The Kontur-Personnel program keeps track of the number of days without pay available to an employee. If the limit is exceeded, it automatically takes into account the difference when calculating the annual paid vacation.

The employee will not be paid for sick leave issued during this unscheduled vacation. And it doesn't matter what the reason was: illness, injury or the need to care for a sick child. The allowance can be accrued only for the period when the employee has already ended the vacation, but the sick leave has not yet been closed.

An exception will be sick leave for pregnancy and childbirth. In this case, the employer must pay the benefit in full - 100% of the average earnings (Art. 11 Federal law dated December 29, 2006 No. 255-FZ). At the same time, unpaid leave must be interrupted and maternity leave must be issued.

Speaking of guarantees, it is worth noting that an employee who goes on vacation at his own expense, regardless of the reasons, cannot be fired at the initiative of the manager. An exception may be circumstances beyond the control of the employee and employer.

Vacation starts with a piece of paper

Leave without pay is always provided only at the initiative of the employee, which means that its registration begins with an application. It should include the desired dates and reasons so that the manager can make the right decision. Insist that the employee specify the reason for the leave, because the wording "for family reasons" can mean both the mother-in-law's anniversary and the birth of a son. Refusal in the second case can be challenged by the employee in court.

The head can put his visa on the application itself, with a stamp or by hand - depending on how it is accepted in the company.

The next step is to issue an order. For this, there is a unified form T-6 "Order (order) on the granting of leave to an employee", in which you must indicate the type of vacation, exact dates and the total duration of the leave without pay. This information is entered into a personal card and personal time sheet.

Summing up, it is worth recalling once again that unpaid leave is always an employee's initiative. Labor legislation does not provide for compulsory unpaid leave. Violators will face administrative responsibility. In addition, before deciding on the granting of such leave, the employer must carefully read the grounds indicated in the application: the list of situations when it is impossible to refuse leave “at his own expense” is quite large.

Along with the basic annual paid leave, the current legislation provides for employers to provide their employees with unpaid leave. This right is enshrined in Article 128 of the Labor Code of the Russian Federation, according to which, for family reasons and other valid reasons, an employee, upon his written application, can be granted unpaid leave, the duration of which is determined between the employee and the employer.

From the very name of this category of vacations it follows that given view rest assumes a loss in wages, but retains for the employee workplace... Most employees have no interest in such rest, this is quite understandable. However, due to financial or other difficulties, managers of many companies often offer workers to rest at their own expense. This behavior by employers is considered a violation of labor discipline. Subordinates can go on unpaid leave only on their own initiative and no one should force them to do so.

Dangerous moment

Sending employees on unpaid leave due to production necessity can be regarded as a cover for downtime, despite the consent of employees to go on such a vacation.

The need to provide an employee with unpaid leave is usually due to the fact that the main one has already been used or it is too long to wait for it, and the circumstances that have arisen require absence from the workplace. Of course, the reasons for each subordinate may be different, the main thing is that they are respectful.

Since the legislation does not define reasons that can be considered valid, employers independently decide whether to release an employee on unpaid leave or not.

The Labor Code of the Russian Federation defines the circle of persons and a number of grounds on which it is impossible not to provide leave without pay.

So in article 128 of the Labor Code of the Russian Federation it is said that the employer is obliged, on the basis of a written application of the employee, to provide unpaid leave to the following persons:

working old-age pensioners (by age);
parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or mutilation received in the performance of military service duties, or as a result of an illness associated with military service;
working disabled people;
employees in cases of birth of a child, registration of marriage, death of close relatives.

Important

Labor legislation does not contain a decoding of the concept of "close relatives". In accordance with the Family Code of the Russian Federation, close relatives are relatives in a direct ascending and descending line, namely, parents and children, grandfather, grandmother and grandchildren, full and incomplete (i.e., having a common father or mother) brothers and sisters, adopted children and adoptive parents.

In addition, employers are required to provide unpaid leave in other cases provided for by the Labor Code of the Russian Federation and federal laws. For the convenience of their reflection, we present the data in the form of a table.

Categories of persons and grounds for granting leave

	Vacation duration	Grounds for granting leave
War invalids	Up to 60 calendar days a year
War veterans, etc.	Up to 35 calendar days a year
Persons awarded with the sign "Resident of the besieged Leningrad"	Up to 35 calendar days a year
Persons combining work with study	From 10 calendar days to four months, depending on the category educational institution and the grounds for providing leave	Articles 173, 174 of the Labor Code of the Russian Federation
Persons passing entrance examinations to higher education institutions	15 calendar days
Election Commission Members and Candidates	Until the official announcement of the election results	Law of May 18, 2005 N 51-FZ, Law of January 10, 2003 N 19-FZ, Law of November 26, 1996 N 138-FZ.
Civil servants	No more than one year
Municipal employees	No more than one year
Heroes of Socialist Labor and full holders of the Order of Labor Glory	Up to three weeks a year
Heroes of the USSR and RF	Up to three weeks a year
Persons working on part-time	For the number of days exceeding the duration of the leave for the main job (if the leave at the main place of work exceeds the duration of vacation at a part-time job)	Article 286 of the Labor Code of the Russian Federation
Persons working in the Far North and equivalent areas	For the time it takes travel to the place of vacation and back	Article 322 of the Labor Code of the Russian Federation
Military spouses	Part of the spouses' leave military personnel exceeding duration of annual holidays at the main place their work

If such workers turned to the management of the organization with an application for unpaid leave, then they should be given this rest. It should be borne in mind that these employees cannot be held accountable for absenteeism, even if the manager does not give his consent. In this case, all penalties can be appealed to the appropriate authorities.

On the other hand, when deciding on the provision of unpaid leave, employees should still go peacefully and not come into conflict with the management, since the latter has enough ways to influence subordinates.

Registration of leave without pay

To receive unpaid leave, the employee must write a statement, which should indicate the reasons for leaving, as well as the duration. It should be noted that vacation can be either one day (several days) or part of a working day (several hours).

A sample of filling out an application for leave without pay

If the employer does not object to granting unpaid leave, then the head of the organization endorses the employee's statement ("agreed", "I do not mind", etc.). Next, an order is drawn up on granting leave in a unified form No. T-6 (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 No. 1)

Order form No. T-6

The order indicates the number and date, personnel number and full name of the employee, structural subdivision and the position, as well as the period for which the leave is granted.

Section "A" of the order does not need to be filled out, since data on annual paid leave is entered there.

In section "B" of the order, it is necessary to indicate "leave without pay", as well as the duration and calendar dates on which the leave falls.

Next, we fill in section "B", which indicates total amount days of vacation and its calendar dates. Note that filling in section "B" is mandatory. If any of the sections of the order is not filled in, then section "B" actually copies the completed one.

After the order has been issued, it should be signed with the manager or authorized person. It is also necessary to familiarize the employee with this order against signature.

Attention

If the employee goes on vacation immediately after submitting the application, even if the manager's visa "I agree" is affixed to him, but the order is not drawn up and signed, then such actions of the employee are regarded as a violation of labor discipline. Therefore, measures can be applied to it disciplinary action.

The next document that must be issued after the order is the employee's personal card. Section VIII of the unified form No. T-2 (approved by the Decree of the State Statistics Committee of the Russian Federation of January 5, 2004 No. 1) makes an entry that the leave is granted without pay, the period of work for which the leave is granted, the duration and calendar dates of the leave are also indicated, reference is made to the basis (number and date of the order, statement of the employee).

In addition, it is necessary to make notes in the time sheet (form No. T-12 or No. T-13), depending on the reasons for granting leave.

Since unpaid leave does not imply payment of the employee for the time spent on vacation, the note-calculation in form No. T-60, which is necessary for calculating wages when granting paid leave, does not need to be drawn up.

Taking into account the duration of the vacation

Employers need to keep records of the length of unpaid leave. This must be done in order to correctly calculate the length of service of an employee of the company, on which the right to annual basic leave depends.

As you know, the length of service includes the time of unpaid leave, the duration of which does not exceed 14 calendar days during the working year. All other days of being on leave without pay when calculating the length of service should be taken into account, that is, they increase the length of the working year.

note

Duration of unpaid leave in commercial organizations the maximum period is not limited. However, for civil and municipal employees, it cannot exceed one year.

In addition, taking into account the time spent by employees on unpaid leave is necessary to calculate the average daily earnings, which is used in calculating vacation pay and compensation for unused vacation.

If an employee was released from work without pay during the working year, that is, he took unpaid leave, then this time is excluded from the calculation period for calculating average earnings. In other words, only the hours actually worked are taken into account. We immediately note that average earnings for vacation pay in calendar days, it is calculated by dividing the actually accrued wages by 12 (the number of months of the billing period) and by the average monthly number of calendar days - 29.4.

If in the billing period the employee has not worked some months completely, then the number of calendar days in these months is calculated as follows. The average monthly number of calendar days (29.4) is divided by the number of calendar days in a month and multiplied by the days worked.

Example

An employee joined the organization on March 1, 2010. During 2010, he took leave at his own expense for a total of 25 days (from September 22, 2010 to October 6, 2010 and from February 7, 2011 to February 16, 2011). The salary is 35,000 rubles per month. Let's calculate from what moment he can go on annual paid vacation and how to calculate the average daily earnings for calculating vacation pay. Let's make a reservation that, for simplicity, we do not take into account personal income tax and insurance premiums in the calculations.

To begin with, we determine the date on which the end of the working year falls specifically for this employee. The duration of unpaid leave was 11 calendar days longer than specified in article 121 of the Labor Code of the Russian Federation (14 days). Consequently, the working year will increase by 11 calendar days: it will start on March 1, 2010 and end on March 11, 2011. Thus, it will be possible to go on annual paid leave from March 12, 2011. Of course, it is worth noting that by law it is allowed to go on vacation even after 6 months. In this case, the length of service will be calculated in the same way.

The second step will be to determine the received wages and other payments for the billing period, which are taken into account when calculating the average daily earnings. For the full months worked, the employee received only 315,000 rubles (35,000 rubles x 9 months). For the months when he was on unpaid leave, payment is taken for actually worked hours on working days: for September 2010 - 23,864 rubles (35,000 rubles / 22 days x 15 days), for October 2010 - 28,333 rubles (35,000 rubles. / 21 days x 17 days), for February 2011 - 20,263 rubles (35,000 rubles / 19 days x 11 days). The total income for the billing period from March 1, 2010 to February 28, 2011 was 387,460 rubles.

The third step will be to determine the number of days actually worked in the billing period. As mentioned above, we exclude the days of absence from work (unpaid leave) from the billing period, and all 25 days.

Let's determine the average monthly number of days taken into account.

For fully worked months - 264.6 days (29.4 days x 9 months)

Months not fully worked: 63.2 days (September 2010 20.6 days (29.4 days / 30 days x 21 days); October 2010 23.7 days (29.4 days / 31 days x 25 days); 18.9 days in February 2011 (29.4 days / 28 days x 18 days).

In total, we get 327.8 days. It is this number of days that must be used in calculating the average daily earnings for calculating vacation pay.

Finally, let's calculate the average earnings for an employee. To do this, we need to carry out calculations using the following formula:

SDZ = FPZ / (29.4 x KPM + KDNP), where

SDZ - average daily earnings;

FPZ - actually received earnings for the billing period;

KPM is the number of months fully worked;

KDNP is the average number of days in not fully worked months.

Thus, we find that the average daily earnings will be 1182 rubles (387,460 rubles / (29.4 days x 9 months + 63.2 days)).

D. A. Nacharkin, expert editor

Unpaid leave (administrative leave, at one's own expense, without pay) is a temporary release of an employee from performing his duties for certain reasons without saving earnings. This right is enshrined in Article 128 of the Labor Code of the Russian Federation, which also clarifies possible situations of temporary departure from the workplace.

In most documents, such leave is prescribed as "administrative". The need for it usually comes out of the blue, but a person can also plan it in advance. It is of two types:

Optional

It is provided at the discretion of the management (there is a possibility of refusal, part 1 of article 128 of the Labor Code of the Russian Federation), which assesses the validity of the situation. A dispute may arise here, since labor legislation does not provide for any “respectful” criteria. Read more about whether an employer can refuse leave. The manager can also meet halfway, even if the employee does not indicate the reasons for absence from work (he clearly understands that he is losing part of his earnings).

The provision of this type of vacation is not considered the responsibility of the management: a refusal is possible if the reasons indicated in the application are considered insignificant or inappropriate.

The application should be submitted directly to the director himself. After approval, the corresponding order is drawn up (form T-6), which must be signed by the management.

The following situation may arise: the director does not relieve the employee from performing duties, considering that this may affect the work process. If he does not show up for work, this is considered as a dismissive attitude to work discipline. Such behavior is subject to disciplinary punishment up to and including dismissal (part 2 of article 193).

Absenteeism is a sudden termination of the employee's performance of his work duties due to unreasonable absence from the workplace, which lasts more than 4 hours (clause 6, part 1 of article 81 of the Labor Code of the Russian Federation).

Mandatory

This vacation must be approved by the management by written request (part 2 of article 128 of the Labor Code of the Russian Federation). To receive unpaid leave on the initiative of an employee for family or other valid reasons, you should write a statement indicating the reasons and the period. Its duration depends on the category to which the employee belongs. The length of unpaid leave has been reviewed.

Timing

Vacation without pay and seniority

Unlike the annual paid leave of the standard duration of 28 calendar days, which is included in the length of service of the employee, leave at own expense is not included in the length of service. However, this rule only applies to long vacations without payment, 14 calendar days of such leave during the year, according to the law, will be included in the length of service.

Part-time workers are also entitled to vacation at their own expense. As requested, the management approves the right to temporary absence of the employee for a certain period time (Article 286 of the Labor Code of the Russian Federation). Combined work is characterized by regularity and such an employee should know that he has the right to leave, however unauthorized departure not allowed.

Labor Code guarantees the provision of vacation "holidays" to certain work categories. The employer has no right to apply disciplinary punishment to employees who have gone on vacation who have not received his permission.

There are no prohibitions on extending such leave in the Labor Code: everything depends on the management. However, the employee must remember about the seniority: if the administrative leave was 70 days, then the date of the annual leave with payment for the next year will be shifted by the same period.

The video addresses the question - How to send an employee on vacation at your own expense?

Administrative leave at the initiative of the employer

Unpaid leave at the initiative of the employer is determined by internal documentation in accordance with current legislation. The management has the right to prescribe other cases of granting unpaid leave in the collective agreement (Article 263 of the Labor Code of the Russian Federation). For example, the following employees are entitled to an additional annual leave without pay of up to 14 calendar days:

there are two or more children under the age of 14;
there is a disabled child whose age does not exceed 18 years;
single mother with a child no older than 14;
a father with a child (not older than 14 years old) without a mother.

Additionally

If an employee has the right to go on unpaid leave for two reasons at once (for example, a military veteran is entitled to 35 calendar days of vacation, a disabled person to 60 days), then these days are not summed up, but a longer vacation is granted. But in the event of an unexpected event (for example, the death of a relative), 5 additional days will be added to the vacation.

Labor legislation indicates the obligation to provide such leave at any time convenient for these employees. It can be combined with annual paid leave, used separately or in parts.

You should be aware that an employee that has not been used up is not carried over to the next year and loses its validity. According to the norms of the collective agreement, if the employer refuses to grant leave, the employee has the right to appeal to the supervisory authorities with a corresponding complaint. In most situations, such actions of the management are considered illegal.

If an employee gets sick during unpaid leave, sickness benefit is not paid (No. 255-ФЗ dated December 29, 2006).

Leave at own expense cannot be extended for the duration of illness, non-working holidays that fall on his period.

The legality of the recall of an employee from administrative leave

This issue is not regulated by the current law. However, if we draw an analogy with the procedure for annual leave with payment, then revocation is possible in accordance with Article 125 of the Labor Code of the Russian Federation. To end the vacation on the initiative of the employer, he must obtain the consent of the employee. If received, an order is drawn up in any form, the reasons for the revocation and the date of the beginning of the employee's job duties are prescribed. When it is allowed to recall an employee from vacation, find out on our website -.

At the same time, the working person must know that the remaining vacation days are not subject to grant at any time and are not combined with other leave.

Note: unlike an employer who is not eligible for unilaterally to interrupt the unpaid leave of his employee, the employee has the right to leave the vacation at his own expense ahead of time by writing a statement of intent to go to work.

Compulsory leave at own expense

If an employee wrote an application for temporary release from his duties under pressure from a manager, he must file a corresponding complaint with government agency according to work. If violations are revealed during the audit, the director bears an administrative penalty.

In accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation, the amount of the administrative fine is:

1000-5000 rubles for the head;
1000-5000 rubles or termination of work for a period of up to 3 months for a person who is an entrepreneur, but not registered as a legal entity;
30,000-50,000 rubles or termination of work up to 3 months for the organization.

See the following video for forced unpaid leave.

If the fact of downtime is revealed, the employer must pay employees the following amount of compensation (Article 157 of the Labor Code of the Russian Federation):

Through the fault of the management - 2/3 of the employee's earnings.
In the absence of the fault of the employer and the employee - 2/3 of the official salary. The amount depends on the period when the employee was not working.
With the proven fault of the working personnel, payments are not provided.

On issues of obtaining unpaid leave, our lawyer will advise you in the comments to the article

Any manager needs to be prepared for the fact that employees may have unplanned situations and they will have to leave their work time, therefore, he should familiarize himself in advance with such a concept as unpaid leave. It is also called vacation at own expense, day off or vacation without pay.

In our country, employees are guaranteed the right to rest, which is realized through the system of regular paid vacations. As a rule, its duration does not exceed 28 days. For some categories of professions, legislators have established additional paid leave. And in cases where it is not possible to use them, you can resort to unpaid leave.

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The Labor Code of the Russian Federation provides for cases in which the head of the company cannot refuse to sign the corresponding statement if the employee has declared the need for unpaid leave, but there are cases when the refusal to grant it would be lawful.

Only one article of the Labor Code is devoted to vacation at one's own expense, namely, the 128th one. Therefore, in practice, there are many difficulties in its application. The most popular of them will be discussed below.

Definition by Law

The definition of vacation at own expense is given in the Labor Code of the Russian Federation. So, unpaid leave is the time of an employee's rest, during which he is not paid an average salary.

If an employee needs a day off, then he, according to the requirements of Part 1 of Art. 128 of the Labor Code of the Russian Federation, must submit to the head an application for unpaid leave for a certain time.

As a basis, he must indicate family circumstances or other reasons, which must be valid. At the same time, what is a good reason is not spelled out in the legislation. It follows from this that the head of the company must independently decide whether the indicated reasons are valid and whether they can become the basis for granting unpaid leave.

The advantage of unpaid leave is that the employee retains his position, the length of service is not interrupted, and the average earnings also remain unchanged. The employee has the right to interrupt it and go to work earlier than the date specified in the application. In this case, the rest of the time off can be used in the current year, it cannot be used for the next year.

If during the period of unpaid leave a citizen falls ill, then he is not paid. In addition, its term does not increase if for this period fell public holidays with legal days off.

Local regulations

Companies can host their internal documents regulating the relationship between the management and employees of the company. The only requirement for them is compliance with Russian labor legislation. Such documents are called local regulations.

In these acts, the management of legal entities may provide for the categories of employees who are granted unpaid leave, and cases not specified in federal laws.

For example, for the execution of Art. 263 of the Labor Code of the Russian Federation, it is necessary to take into account that the following categories of citizens should be provided with time off without payment of wages lasting no more than two weeks:

citizens with two or more children under the age of 14;
citizens who have a child with a disability, regardless of the group under 18 years of age;
citizens who are single parents of children under the age of 14.

Such parents can choose when it is more convenient for them to take the specified leave. They can increase the next calendar leave for its duration, or they can use it separately, and the legislation does not prohibit its division into several parts. The only limitation is the impossibility of transferring it to the next year.

Unscrupulous employers need to remember that the courts make decisions on such cases based on the provisions of the Labor Code of the Russian Federation. Therefore, in order to avoid fines and additional costs in the form of legal costs, it is better for them to release those who wish to go on unpaid leave, prescribed in the collective agreement or.

At the request of the employer

Labor law allows employees to take unpaid leave only if they have applications. The management of the companies, having decided in this way to reduce their costs, should remember that their initiative will be legal if it is spelled out in a local regulation or a collective agreement. Moreover, these documents indicate only those reasons for the submission of unpaid leave that are provided for by federal legislation.

Citizens, for their part, should be aware that the only reason for taking time off without pay is a written statement. This is stated in Art. 128 of the Labor Code of the Russian Federation. In addition, there are clarifications of the Ministry of Labor on this topic No. 6 dated 06/27/1996, which indicates that the lawful unpaid forced leaves by decision legal entity does not exist.

Based on the above norms, an employee of the company, whose management decided to use their administrative resources and forced him to go on unpaid leave, can apply to labor inspection, court or prosecutor's office.

With one hundred percent probability this decision will be recognized as illegal and unscrupulous companies that send their employees on unpaid time off, pay both the saved wages and the imposed fines.

Employee initiative

As has already been repeatedly indicated, all unpaid leave should be granted only at the initiative of the employee, but with the agreement of the manager. That is, the director of the company, considering the subordinate's statement, assesses the reasons given and puts the appropriate resolution on the statement.

In Art. 128 of the Labor Code of the Russian Federation says only that the reasons for unpaid time off must be valid. There are no criteria by which they can be recognized as respectful.

It should also be noted that the employee is not at all obliged to indicate in the application the reason for the need for time off. However, in such a situation, he must be prepared to refuse. If the manager has not signed the application, then the citizen cannot miss the working day.

In case of disobedience, he may be subjected to the extreme degree of dismissal. Often, employees go to court, which makes a decision based on specific conditions.

In this regard, the prevailing arbitration practice on this issue is ambiguous. The legislation considers that citizens do not take unpaid leave just like that, because they lose significant amounts of wages.

The head of the company is obliged to provide unpaid leave to the following categories of employees:

At the same time, there is no clear definition of close relatives in Russian laws. If we turn to the Family Code, then it states that spouses and their children are recognized as a family (Article 2 of the RF IC), and close relatives - children and parents, grandparents, brothers and sisters, grandchildren (Article 14 of the RF IC) ...

Thus, if an employee asks for time off for the funeral of the listed persons, then the refusal of the management is considered unlawful, and if other relatives, then the director can make a decision at his own discretion.

The categories of employees who are entitled to additional unpaid rest are determined not only in Art. 128 of the Labor Code of the Russian Federation. They can be specified in other articles and Federal laws. For example, Articles 173 and 174 of the Labor Code of the Russian Federation guarantee citizens who combine work with education.

Federal laws of the Russian Federation establish that the following citizens cannot be denied unpaid leave:

state and municipal employees for up to a year;
spouses of military personnel for the required period;
citizens holding the title of heroes of labor, heroes of the USSR, heroes of the Russian Federation, holders of the Order of Glory - 21 per year;
combat veterans - up to 35 days a year;
to proxies of participants in state elections for the required period.

For certain categories of employees

Working pensioners

A fairly large number of citizens who have reached retirement age continue their labor activity... At the same time, pensioners are guaranteed all the rights provided for by labor legislation. In particular, age cannot be a reason for refusal when applying for a job.

They also have some advantages over other employees. For example, when they are fired, they cannot be obliged to work for a two-week period, and during the year they can take additional unpaid leave.

Granting unpaid leave is the employer's responsibility. The length of the period depends on the category of the pensioner. If he receives an old-age pension, then he is entitled to 14 additional days.

If a pensioner has a disability, then - 60 days. And if he is a veteran, then he can take 35 days of unpaid leave.

Veterans

The Government of the Russian Federation provides veterans with a number of advantages. In particular, they are based on Federal Law No. 5-ФЗ dated 12.01.1995. can apply for additional leave at their own expense for up to 35 days.

It is provided on the basis of a personal statement with a copy of the war veteran's certificate attached to it. It is not required to provide evidence that his reason for absence is valid.

If an employee has several benefit categories at the same time, which are entitled to unpaid leave, then these periods cannot be summed up. For example, an employee of a company is a veteran and at the same time has a disability. In this case, he is entitled to 35 days off as a veteran and 60 days as a disabled person. He must independently decide which privilege he will use.

For child care

Citizens of the Russian Federation are permitted by law to use maternity leave until the child reaches the age of three. After this date, the employee is obliged to go to work, otherwise his absence will be considered absenteeism, and he may be fired.

However, the employer may prescribe additional grounds for granting unpaid leave in the collective agreement. Article 263 of the Labor Code of the Russian Federation allows it to include additional parental leave until the child reaches the age of 14 for up to two weeks.

Also, when drawing up internal local acts, it must be borne in mind that in the field of activity of the company, industry agreements may be in force, giving the right to employees to extra days at your own expense.

In addition, the employee and the manager can agree on the provision of time off for any period with the preservation of the workplace.

For the CEO

The general director of the company is the same employee of the company, therefore all norms apply to him labor legislation... Therefore, if there is a valid reason, he can go on unpaid leave. Moreover, it can be long-term, but not indefinite, i.e. by writing an application for unpaid leave, the director must indicate the period of absence.

If the need arises, it can be extended, and the number of additional applications is not limited.

When leaving general director on unpaid leave, a person must be identified to whom his powers will be transferred. Otherwise, all transactions accepted during the absence of the director may be invalidated.

If the director is the only employee, then during his vacation the activities of the company are suspended for the same reason.

Duration and maximum terms

The Labor Code of the Russian Federation does not contain restrictions on the maximum period of unpaid leave. Consequently, the manager and the employee can agree on any deadline that suits both of them. However, for some categories of citizens, federal laws set limits on the duration of the vacation. We are talking about municipal and government employees who can take unpaid leave for a maximum of a year.

Legal entities must ensure that their employees' time off is recorded. This must be done to take into account the total length of service that gives the right to receive, as well as for the correct calculation of the average earnings.

To account for the duration of employees' time off, a timesheet is used. This is a document in which, by means of codes, it is indicated that the employee did not go to work that day and for what reason.

The procedure for registration of unpaid leave

Employee statement

The procedure for the correct registration of unpaid leave provides that the employee must first write a statement. The established form of this document no. It is written in free form, where the article of the Labor Code of the Russian Federation or the number of the Federal Law, as well as the reason why the employee asks for time off, must be indicated.

Below is the sample sample a similar statement:

To the head of Hotel LLC

Shishkin I.P.

From a senior manager

Kolesova O.V.

Statement

In connection with the birth of a son on 03/27/2017. I ask on the basis of Art. 128 of the Labor Code of the Russian Federation to provide me with unpaid leave from 03/28/2017. for a period of 5 days.

Signature ________________ Signature transcript ____________

Form and sample order

Mandatory details of the order are:

its number and date;
position and surname, name, patronymic of the employee in respect of whom the order is issued;
the duration of the vacation;
the signature of the head.

A sample order is shown below:

LLC "Hotel"

Order on granting leave to employee No. 5

In connection with the birth of a child on the basis of the application of the senior manager Kolesov O.V. I order to provide him with unpaid leave for a period of 5 days from 03/28/2017. to 01.04.2017 inclusive.

General Director Shishkin I.P.

Kolesov O.V. has been familiarized with the order.

An employee does not have the right to leave his workplace until the order is signed. After that, employees of the personnel service fill out a personal card, into which information from the signed order is transferred, as well as its number and date.

Display in 1C 8.3

If the company uses the 1C ZUP 8.3 program, then it can reflect unpaid leave for each employee. For this, the document "Vacation" is used. The electronic document is used to reflect all types of vacations, on the basis of it, if necessary, you can calculate the amount of vacation pay and create correspondence of invoices.

In order to enter information about unpaid leave, you must open the "Additional leave" tab. Using the "Add" button, select the required type of unpaid leave from the list and enter the data. If there are several vacations, then it is possible to reflect all of them in one document.

Based on this document, you can print unified form order and sign it with the head.

Additional rest at your own expense

Unpaid leave is not allowed for all employees, but only for those persons who are specified in the Labor Code of the Russian Federation, Federal Laws of the Russian Federation and local regulations... If there are valid reasons, the manager can provide time off, but they are designed to solve the employee's problems. If he wants to get additional rest, then, most likely, the manager will refuse. After all, for this, an annual vacation is provided.

Only certain categories of citizens can take additional rest at their own expense, and this right must be confirmed by an appropriate certificate. For example, a certificate of the birth of a child, if an employee takes time off for this reason, or a pension certificate, if he is entitled to a day off due to the fact that he is a pensioner.

And in no case should the company be the initiator of such a holiday, because in our country, forcing citizens to write applications for unpaid leave is considered an offense, the punishment for which is the payment of a fine.

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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"Physicist" transferred payment for goods by bank transfer - you need to issue a check

In the case when an individual transferred to the seller (company or individual entrepreneur) payment for the goods for cashless payments through the bank, the seller is obliged to send a cashier's receipt to the “physicist” buyer, the Ministry of Finance believes.

The list and quantity of goods at the time of payment are unknown: how to issue a cash register receipt

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Medical examination for those working at the computer: mandatory or not

Even if an employee is busy working with a PC for at least 50% of his working time, this in itself is not a reason to regularly send him for medical examinations. Everything is decided by the results of certification of his workplace for working conditions.

Changed operator electronic document management- inform the IFTS

If an organization has refused the services of one operator of electronic document management and switched to another, it is necessary to send an electronic notification about the recipient of the documents to the tax office via the TCS.

Special regimes will not be fined for fiscal accumulators for 13 months

For organizations and individual entrepreneurs on the STS, ESHN, UTII or PSN (with the exception of certain cases), there is a restriction on the validity period of the fiscal drive key used by the cash register. So, they can only use fiscal accumulators for 36 months. But, as it turned out, so far this norm does not actually work.

In addition to the main annual paid leave. as well as annual additional paid leave. given to some employees, there is such a concept as unpaid leave (Article 128 of the Labor Code of the Russian Federation). This vacation also called vacation leave, unpaid leave or unpaid leave.

Unpaid Leave: Labor Code

Leave without payment in accordance with the Labor Code of the Russian Federation is mandatory and optional, that is, in some cases, the employer cannot refuse to grant such leave to the employee who wrote the corresponding application, and in some cases, he may not let the employee go on vacation at his own expense.

Unpaid leave initiated by an employee

Our table will help to figure out when the granting of unpaid leave at the request of the employee is the employer's obligation, as well as with the duration of such leave:

The employer's obligation to provide leave at their own expense

Maximum vacation time at own expense

Document confirming the right to vacation (copies)

All employees, except those listed below

Is not obliged to. Own leave is provided at the discretion of the employer

By agreement between the employer and the employee (Article 128 of the Labor Code of the Russian Federation)

The employer independently chooses whether to indicate an alphabetic or numeric code in the time sheet.

What else you need to know about unpaid leave

When granting leave at their own expense, the employer must take into account certain nuances of such a vacation:

1. Leave not spent by the employee at his own expense (part of the leave) is not carried over to the next year, that is, it "burns out".

2. Leave without pay is included in the length of service, which gives the right to an annual basic paid leave, but with one limitation: leave without pay for more than 14 days in one working year is not taken into account when calculating the leave period (Article 121 of the Labor Code of the Russian Federation). Let's say an employee took at his own expense 20 calendar days in one working year. Accordingly, 14 calendar days will be taken into account when calculating the length of service, which gives the right to an annual basic paid vacation, and 6 calendar days will not.

3. If an employee falls ill during an unpaid vacation, he is not entitled to sickness benefit (part 1, clause 1, article 9 of Federal Law No. 255-FZ of December 29, 2006).

4. Unpaid leave is not extended for the period of illness, as well as for non-working holidays falling on the period of such leave.

5. If the employee is entitled by law to leave on two or more grounds, then the granting of vacation depends on these grounds. For example, a disabled employee is also an old-age pensioner. This employee has the right to claim leave at his own expense "for disability" and unpaid leave for working pensioners. In this case, a longer vacation is granted, i.e. 60 calendar days. But if an unexpected event occurs for such an employee, for example, a close relative dies, then the employer will be obliged to provide him with leave "for disability" and leave in connection with a sad event - a total of 65 calendar days.

Also read:

Article 128 of the Labor Code of the Russian Federation defines the cases of granting leave without pay.

For family reasons and other valid reasons, the employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer.

The employer is obliged, on the basis of a written application from the employee, to provide unpaid leave:

· Participants of the Great Patriotic War - up to 35 calendar days a year;

· Working old-age pensioners (by age) - up to 14 calendar days a year;

· Parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury sustained in the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

· Working disabled people - up to 60 calendar days a year;

· Employees in cases of childbirth, marriage registration, death of close relatives - up to five calendar days;

· In other cases provided for by this Code, other federal laws or a collective agreement.

Unpaid leave is granted for various reasons and has different purposes. During unpaid leave, the employee retains his place of work (position).

Dismissal of an employee at the initiative of the employer is not allowed (except in the case of liquidation of the organization or termination of activities by the employer - natural person) during his stay on vacation (Article 81 of the Labor Code).

Having received unpaid leave, an employee can interrupt it any day and go to work, notifying the employer about this.

Conditionally, these holidays can be divided into those that the employer can provide to the employee, and the holidays that he is obliged to provide.

With the adoption of the new Code, the duration of such leave is determined by the parties and is not limited by law.

Finally, the Law stipulates that the employer is obliged, on the basis of the employee's application, to provide unpaid leave, in particular, in cases of childbirth, marriage registration, death of close relatives - up to 5 calendar days. In the Labor Code, neither the terms of such leaves, nor the employee's right to receive them were regulated.

In addition to the cases of granting unpaid leave, specified in Article 128 of the Labor Code of the Russian Federation, the legislator also obliged to provide unpaid leave:

· Workers caring for children (see Art. 263 of the Labor Code);

Read also: Dismissal by on their own article 77

Workers - Heroes Soviet Union, To the Heroes of the Russian Federation, full holders of the Order of Glory, Heroes of Socialist Labor and full holders of the Order of Labor Glory - for up to 3 weeks a year at a convenient time of the year;

· Employees in case of illness - for 3 days during the year. Unpaid leave is granted at the personal request of the employee without presenting medical documents certifying the fact of illness.

Article 263 of the Labor Code guarantees the provision of additional unpaid leave to caregivers.

An employee with two or more children under the age of fourteen, an employee with a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, by a collective agreement annual additional vacations without pay at a time convenient for them for up to 14 calendar days. In this case, the said vacation, at the request of the relevant employee, can be added to the annual paid vacation or used separately in full or in parts. The transfer of this leave to the next working year is not allowed.

This vacation is provided at a time convenient for employees. Since it has a strictly designated purpose, it cannot be carried over to the next year. At the request of the employee, it can be used immediately in full, in parts, or added to the annual paid leave.

According to article 173 of the Labor Code of the Russian Federation, the employer is obliged to provide unpaid leave:

· Employees admitted to entrance examinations in educational institutions of higher professional education - 15 calendar days;

· Employees - students of preparatory departments of educational institutions of higher professional education for passing final exams - 15 calendar days;

Employees studying at state accredited educational institutions higher professional education in full-time education, combining study with work, for passing the intermediate certification - 15 calendar days in the academic year, for the preparation and defense of the final qualifying work and the final state exams - four months, for the final state exams - one month.

The issue of sending workers on forced leaves without pay at the initiative of the employer continues to be relevant. The reason for such vacations can be different. This may be a forced downtime of the enterprise for production reasons. Another reason for "granting" such vacations is the unwillingness to charge and pay a unified social tax.

In these cases, the employer forces employees to write applications for unpaid leave. On this issue, there is an explanation of the Ministry of Labor of the Russian Federation of June 27, 1996 N 6 "On unpaid leave at the initiative of the employer" (approved by the Resolution of the Ministry of Labor of the Russian Federation of June 27, 1996 N 40)

In connection with the incoming inquiries about the legality of sending workers to "forced" leaves without pay at the initiative of the employer, the Ministry of Labor of the Russian Federation explains:

Unpaid leave can be provided only at the request of employees for family reasons and other valid reasons (Article 76 of the Labor Code of the Russian Federation).

"Forced" leave without pay at the initiative of the employer is not provided for by labor legislation.

In the event that employees, through no fault of their own, cannot fulfill the duties provided for by the prisoners with them labor contracts(contracts), the employer is obliged in accordance with Art. 94 of the Labor Code of the Russian Federation to pay for downtime in the amount of at least 2/3 of the tariff rate (salary).

If the employer does not pay for downtime through no fault of the employees, then the employees have the right to appeal the actions of the employer to the commission on labor disputes or to court.

This problem is very relevant, especially in terms of avoiding payroll tax. In fact, it turns out that the employee is at the workplace, fulfills his job duties, and according to the documents is on leave without pay. Here his rights are violated in the following:

· No accruals of insurance premiums are made to his personal insurance account with the Pension Fund of the Russian Federation;

On the occasion industrial injuries the employer can easily get away from the obligation to pay compensation to this employee in this case of industrial injuries;

This problem requires resolution through the exercise of their functions by the regulatory bodies of the Ministry of Labor of the Russian Federation, the Ministry of Taxes and Duties of the Russian Federation.

Such situations occur, first of all, in small organizations where there are no trade union organizations, labor dispute commissions, and collective agreements have not been concluded.

Art. 8 of the Law of the Russian Federation of January 15, 1993 N 4301-1 "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory" - Vedomosti RF. 1993. N 7. Art. 247; Art. 6 of the Federal Law of January 9, 1997 N 5-FZ "On the provision of social guarantees To Heroes of Socialist Labor and full holders of the Order of Labor Glory - SZ RF. 1997. N 3. Art. 349

Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, adopted by the Supreme Soviet of the Russian Federation on July 22, 1993 - Bulletin of the Russian Federation. 1993. N 33. Art. 1318

Work. 06/27/1996

Unpaid leave at the initiative of the employer

V recent times Due to the economic instability, in our country there are more and more cases of granting unpaid leave at the initiative of the employer.

There is no such thing in the Labor Code as unpaid leave at the initiative of the employer.

Unpaid leave of the Labor Code of the Russian Federation

Unpaid leave at the initiative of the employer- from point of view Russian Legislation, there is no such thing. Such actions are carried out by managers, as a rule, with one goal: to save on wages for their employees. And employees usually do not interfere with this decision, believing that it is legal, that this is what the circumstances require.

In addition, there are frequent cases of intimidation of employees, with threats of immediate dismissal if the manager suddenly receives an employee's refusal from unpaid leave. Article 128 of the Labor Code of the Russian Federation regulates this situation and clearly defines that the employer does not have the right to send an employee on unpaid leave. According to the law, unpaid leave is possible only with mutual agreement, in the presence of a voluntarily written statement of the employee, and can last no more than sixty calendar days. Thus, the subordinate may not go on unpaid leave and defend his rights before the management.

Reasons for going on unpaid leave

The employer takes such measures due to the fact that, for some reason, the company's income is reduced, or it is impossible to provide employees necessary work... The reasons may be different: delays in the supply of raw materials for production, the inability to pay for the rent of the premises, the refusal of a bank organization to provide a loan for the purchase of goods, and so on. Lawyers call this situation downtime.

If downtime occurs due to the fault of the employee, then he is not paid

Article 157 of the Labor Code of the Russian Federation establishes payments in case of downtime:

If the downtime occurred solely through the fault of the employer, then the employee's working time must be paid in the amount of 2/3 of his average salary... That is, the employee has every right to claim compensation if the employer sends him on unpaid leave.
If the downtime occurred due to circumstances in which neither the employer nor the employee is to blame, then the employee's working time is paid in the amount of 2/3 of the official salary. This payment is calculated in proportion to the time that the employee does not work
If the downtime occurred solely through the fault of the employee, then his working time is not payable

In these paragraphs and examples, you should mention the action judicial practice in relation to the employer. The fact is that the reasons that prevented employees from performing work and admission Money are most often referred to by the court as an entrepreneurial risk. That is, the employer is still responsible, even if the customers let him down, even if the prices have changed dramatically, even if the counterparties have not fulfilled their obligations.

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What punishment awaits the employer for unpaid leave

Increasingly, employees write applications to the State Labor Inspectorate, in which they make claims to their employers for sending them on forced unpaid leave.

Inspectors carefully study the activities of the employer against whom the complaint is written and, as a rule, find violations that entail administrative responsibility.

How much does unpaid vacation cost

Article 5.27 of the Administrative Code provides for the following penalties related to unpaid leave at the initiative of the employer:

A fine of 1,000 to 5,000 rubles for officials
A fine in the amount of 1,000 to 5,000 rubles or work stoppage for up to 90 days for citizens who carry out entrepreneurship without registering a legal entity
A fine in the amount of 30,000 rubles to 50,000 thousand rubles or suspension of activities for 90 days for legal entities.

An employee can be granted unpaid leave solely by agreement of the parties

Arbitrage practice

The judicial authorities, in a number of cases, can impose not only administrative penalties on an unscrupulous employer for unpaid leave, but also more serious ones, if they can state the fact that an employee's stay on forced unpaid leave is equated to idle time. In this case, the employer will be obliged to pay the employee the full amount of salary for this period of time, pay for moral damage, and also compensate for the cost of the representative's services.

Unpaid Leave: Labor Code

Sooner or later, each employee needs to take 2-3 days at his own expense. There are many reasons for this: the onset of the summer cottage season, solving family issues or problems with documents, slight malaise, etc. In all these cases, the employee is issued an unpaid leave. The Labor Code (Art. 128) describes this category in detail, considering the rules for obtaining days off, accounting and the necessary documentation.

Types of unpaid leave

The Labor Code of the Russian Federation divides days off at its own expense into two types. The first is provided to a specialist regardless of how his employer relates to it. The latter are given at the discretion of the employer, who can satisfy the employee's request or refuse.

According to the articles of the Labor Code of the Russian Federation, a specialist has the right to contact the management with a written statement on the provision of additional days off. A positive response to such an appeal is a right, not an obligation of the company: if it considers the reasons for taking time off not enough, it can refuse.

It is customary to indicate family or other good reason taking extra days off. The Labor Code of the Russian Federation does not determine the criteria on the basis of which the "respect" of the circumstances of the employee is determined. Their gradation on this basis is the employer's area of responsibility.

The employee has the right not to indicate in the application why he specifically needs time off. In this case, the company has the right to provide him with days at its own expense. The legislator proceeds from the assumption that a person will not take extra days off just like that, because this leads to losses in wages.

If the management assessed the reasons voiced by the specialist as insufficiently compelling and refused to take time off, the person must come to the company according to the established schedule. If he does not do this and, against the will of the employer, goes to solve personal issues, disciplinary measures can be applied to him.

From the definition of unpaid leave, it follows that it does not allow an employee to maintain the same salary level, but leaves a job for him. Many workers are not interested in taking time off because the regular use of it leads to a significant decrease in income. However, some "resourceful" employers, against the background of financial difficulties in the company, force staff to take days without saving.

Such behavior of business entities is a violation of norms labor law... Even if the consent of the employees is obtained, this move is interpreted by the Labor Code of the Russian Federation as an attempt to hide the simple one. Additional days off without retention is the employee's right, and coercion to use them is unacceptable: it entails sanctions from the regulatory authorities.

When is a company obliged to provide a vacation without payment in accordance with the Labor Code of the Russian Federation?

In a number of situations, the employer cannot fail to give the specialist an additional day off, even if this is contrary to his interests. Let us present the cases listed in the Labor Code of the Russian Federation in tabular form:

Company employee type

By law, businesses must condone individuals who receive higher education and passing the session. For these purposes, they are allocated from 15 days to four months (if we are talking about the defense of the graduation diploma). For vocational school students, the right to time off ranges from 10 days to two months.

Special rules for granting time off apply for part-time workers. If the vacation in the second place of employment of such a specialist is less than on the main one, he has the right to apply to the manager with an application for additional days off without pay. In this situation, representatives of the company are not entitled to provide him.

In these cases, the employer is obliged to provide the specialist with time off, regardless of how this will affect the work process. If he goes against the norms of the Labor Code of the Russian Federation and refuses an employee, he has the right to simply not go to work. In these cases judicial authorities always take the side of the workers.

The procedure for registration of time off

To get the weekend at his own expense, the employee must write an application addressed to the head of the organization. It states the reason and the number of vacation days (or hours). If a person has the right to time off in accordance with the norms of the Labor Code of the Russian Federation, in the document he must refer to a specific circumstance that gives him this opportunity, for example, disability, retirement age etc.

If rest days are provided at the discretion of the company, the employee has no obligation to specify in the statement the reasons for the appeal. He may write a general statement such as "personal circumstances." The employer has the right to decide whether to give additional days off for the indicated reason.

Having received an application from an employee, the employer reviews it and makes a decision. If there are no objections, the manager puts his visa on paper ("Agree", "I do not mind"). After that personnel service issues an order in the standard T-6 format.

The document contains the following information:

number and date;
name and surname of the specialist, position held;
the duration of the time off (in days or hours), the date of the planned absence;
the signature of the head of the organization.

An employee does not have the right to leave for the weekend without saving before an order is issued for him. Even if a specialist has a statement endorsed by management, his behavior is considered a violation of labor discipline. This means that sanctions can be applied to the employee.

When registering an unpaid leave, personnel specialists are required to fill out an employee's personal card. It states that the person took time off, indicates its duration and dates, and gives a reference to the basis (the number of the order is prescribed).

Accounting for the duration of unpaid vacations

The employer must take into account the length of time off the employee takes. This is necessary to determine the length of the work experience. According to the law, it includes weekends without retention throughout the year, if their number does not exceed two weeks. If a person is absent longer, then each additional day increases the length of the working year, on the basis of which the periods for the allocation of paid vacations are calculated.

Restrictions on the duration of unpaid leave for staff commercial firms absent. By agreement with the employer, specialists have the right to take a day off for any period. For employees of municipal and state structures, the maximum period is one year.

Accounting for time off is necessary to determine the average daily income. It is important to understand that in his formula, days at his own expense are not counted. They reduce the amount of vacation pay, benefits for sick leave and other payments.

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Accounting and reporting

How to properly arrange and take into account unpaid leave

In almost all firms, sooner or later, one of the employees goes on unpaid leave. What are the consequences of this? How to properly arrange a vacation and how to take it into account? You will find answers to these some other questions in this article.