How to properly arrange a vacation at your own expense

With a high degree of probability it can be assumed that there are no enterprises where employees did not write applications to go on vacation at their own expense for one reason or another. This type of vacation is usually unpaid and is provided at the oral request of the employee, backed up by a mandatory written statement. At the same time, the working experience of the worker, as well as the schedule of other holidays, are not taken into account. Typically, leave at their own expense is granted either for family reasons or for other valid reasons, which the employer must be informed of. It should be borne in mind that in most cases, the employer can allow, but is not obligated to provide leave without maintenance to the employee. Therefore, by submitting an application, leave at your own expense, addressed to the head of the organization, you can use it only after the approving resolution of the person in charge that it is provided with an indication of a certain duration.

In some cases, clearly regulated by the Labor Code, the law establishes the obligation for the employer to provide leave at his own expense to the employee without saving payroll. In addition, such cases may be provided for by individual federal laws and the terms of the Collective Labor Agreement. All appendices to these legislative acts cannot be fit into one article, but they are in electronic databases of the Internet and usually in the personnel department. For all the reasons listed there, the employer does not have the right to refuse to provide leave at his own expense, but he can talk about reducing the time limit due to, for example, production necessity and only with the voluntary consent of the employee. If the employee is still refused legal leave at his own expense, then this is a direct violation of the Labor law. Most often this happens when you need a long vacation at your own expense. Such a decision can be appealed either in the labor inspectorate or directly in court. The plaintiff should have a statement of leave at his own expense, on which there is a written note on the reason for the refusal.

The law also provides for the possibility in these circumstances to go into forced rest on one’s own, but at the same time it is necessary to notify the employer in writing of this intention in at least two weeks. Otherwise, unauthorized leave on vacation at one’s own expense can be regarded as a violation of labor discipline in the form of absenteeism, with all the ensuing consequences, up to and including termination of employment. In order to write a vacation application at your own expense, there is no need to specifically search for a sample. The application form is standard, as is usual vacation, but there are slight differences. In the text of the application it is necessary to indicate the reason why you need leave at your own expense, the duration in calendar numbers (from such-and-such to such-and-such, inclusive). If there are documents confirming the need for a vacation without pay, then they must be attached to the document for the most complete informing the head of the alleged reason.

Of course, each person may have circumstances when he needs a vacation at his own expense, but still it is not worth it to abuse it. Firstly, wages are lost, secondly, days of unpaid leave are not included in the paid insurance contribution to the Pension Fund and thirdly, employers begin to distrust those employees who often ask for leave at their own expense without good reason. This may mean that such an employee is the first in line in the case of, say, staff reductions.

Source: https://habr.com/ru/post/F23389/


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