According to the legislation of the Russian Federation, all workers have the right to rest. In some cases, in addition to the annual paid, you can get a vacation without saving wages. There must be good reason for receiving such an exemption from work. It can be various family circumstances - marriage, illness of a close relative, emergency emergency repairs in the apartment, seeing off the army, sending children on summer vacations, etc. The employee retains his workplace, and the days when he was absent from service are not paid. There are some other important points to be aware of.
If the duration of the
leave at your own expense is not more than 14 calendar days (per calendar year), then this period is included in the length of service when accounting for annual
paid leave.Workers rights
An employee who wants to be exempted from work for a certain period of time must apply for leave without maintenance, indicating good reasons. In each case, the employer decides whether to grant the employee exemption or not. This means that you can get a refusal, if the reasons are considered disrespectful. In the Labor Code of the Russian Federation, article 128 spells out the reasons for which an employee cannot be denied an exemption from work. So, you are required to sign an application for leave without content in the following cases:
- registration of marriage, the death of close relatives, the birth of a child (leave must be up to 5 days);
- entering or studying at universities for exams (up to 15 days);
- participants of the Second World War (up to 35 days);
- working pensioners (up to 14 days);
- employees with disabilities (up to 60 days);
- to combatants (up to 30 days);
- civil servants for family and other good reasons (no more than a year).
If an employee receives unpaid leave, but for some reason interrupts him and goes to work earlier, this is his right. It is only necessary to notify the relevant services in the organization to which your application for leave without content has been received earlier.
Employer initiative punishable
Often there are times when an employer forces employees to go on unpaid leave. Most often, in this way, a forced idle is guided by the fault of the leader. But days of forced rest should be paid, according to the Labor Code. Vacation due to personal circumstances and forced simple - two completely different things! It is important that workers know their rights. Sometimes, leaders force workers to apply for leave without maintenance, assuring them that they are solving the problem of mass dismissal. Such actions of the employer are a gross violation of the rights of the employee. In the event of a trial, such a vacation will clearly be considered a forced downtime, and the manager will be held liable. In addition to paying for days of inactivity, you also have to pay penalties for delayed salaries. It would be nice to remember for all leaders - the compulsory leave of the Labor Code of the Russian Federation is considered illegal.