All workers, in accordance with the Constitution of the Russian Federation, have the right to rest. Only providing it has certain subtleties and nuances. Let's look at the leave of a soldier’s wife. This category of citizens refers to preferential, therefore, has additional rights established by applicable law. And this is justified, since the leave of a soldier’s wife may not coincide with the rest period provided to him by the state, which complicates relations in the family. And you yourself understand, this generally threatens to reduce the fighting spirit of the army, which is dangerous for the entire population. The legislator tried to fix the special rights of the wives of people who defend their homeland, thereby avoiding serious problems. Let's talk about everything in more detail.
Serviceman's Vacation: Law
The norm on preferential provision of rest time to spouses of the defenders of the Fatherland is in the Labor Code of the Russian Federation. It is spelled out in article 123 and is of a referral nature. In more detail in this section, it is indicated that some categories of citizens have privileges for the provision of holidays, provided for in particular by “other federal laws”. Therefore, this document should be found. It is the law "On the status of military personnel." Article 11 of the said normative act contains the norm concerning official friends of the defenders of the Motherland. It states that the leave of the wife of a soldier must be granted at the same time as the leave of the husband. In addition, if the periods do not coincide, then the spouse must give the spouse additional at her expense. Military personnel are understood to be employees of departments whose functions include organizing the defense of the Fatherland. This is not only the Ministry of Defense, but also the FSB, foreign intelligence, the Ministry of Emergencies, the Ministry of Internal Affairs and some other departments. In case of misunderstanding, you should additionally consult with a lawyer or carefully read the laws.
Provision of leave to the wife of a serviceman
According to the TC, the schedule of rest for employees of the enterprise is drawn up two weeks before the start of the new year. This document is mandatory for both workers and the administration. That is, people receive leave at the time indicated in the document approved by the head. Exceptions are possible in cases established by law. These include leave of the wife of a serviceman. A woman only needs to prove her involvement in the preferential category established by federal laws and the Labor Code. Then the schedule for her will lose relevance and binding. It should be noted that in practice personnel officers try to find out in advance from the beneficiaries all the circumstances so as not to violate the rules. But not always the wife of a soldier has the opportunity to indicate the date of vacation of the spouse. The work of the defenders of the country is quite intense, when they rest, the authorities decide. In advance, they may not know the dates of temporary retirement. So, you still have to deal with unplanned changes in the schedule. In this case, all sorts of problems arise, the bosses do not want to let go of the employee, citing production needs, there are cases and worse. Surrender to women beneficiaries is not worth it.
How to apply correctly
The success of any operation is to take into account all the details. Our case is no exception. Leave to the wives of servicemen must provide during the period of rest of the husband, we have already found out. The woman can only ask correctly. To do this, you will have to prepare several additional documents. Namely, a copy of the marriage certificate should be attached to the application. This paper confirms one part of the preferential category. The second paper is a certificate from the organization of the spouse that he is in the service. These documents will explain to the management that you have additional rights. Another paper is a copy of the leave order to the spouse. Three certificates are enough so that no boss refuses to let the woman go at the indicated time. It is important for the toiler herself not just to collect documents, but to correctly issue the application for leave to the wife of the serviceman. You must indicate that you have additional reasons in writing. This is done after the main text asking for leave. So write: “I enclose”, then list references with numbers and dates of publication.
If paid leave is not due
Often people are faced with a variety of situations that generally do not fit into the standard templates for personnel work. What, for example, to do if a woman has not yet worked for six months at the enterprise, but asks for leave. The wives of the military should rest in conjunction with the same period of her husband, and she, like him, has not yet earned him in the TC. You should be aware that the management has no legal grounds for refusal. That is, the spouse must be granted the leave that she asks. However, here the issue rests on finances. It is usually decided by agreement. The manager offers the woman to take a vacation without payment. Moreover, the state content of her husband is quite significant. This, of course, is a ploy, but not a direct violation of the law. Thus, ladies with benefits are advised not to go ahead. Try to understand the essence of leadership problems. Suddenly, my husband will be urgently transferred, but you still will not have a salary in order to withhold the amount paid as vacation pay.
Subtleties of design
We have already indicated that the leave of the wives of the military can be divided into paid and at their own expense. So, you should calculate the rest periods. If your husband has it longer, you will have to write two statements. In order not to get confused, it is recommended to consult with a human resources specialist. This person owns all the information and tells you how to correctly date the paper. After all, there should not be a break between vacations, otherwise you will have to return to the place of service, and this can be inconvenient. Vacation at your own expense should begin from the day when, in a normal situation, you must leave paid. The personnel service will prepare projects of two different orders relating to your vacation. It is advisable to familiarize yourself with each with a signature after the head approves them.
What to do in case of failure
Ignoring a military spouse’s appeal for leave is a violation of the law. It is advisable to talk with the leader. If this person does not meet, then do not invent anything, go to the labor inspectorate. This state body was created specifically to protect the rights of workers. And if the authorities refuse to give leave, then it violates the law. It requires the intervention of a special authority.