Types of additional leave
Leave from work at your own expense is one of the types of legal time off in Russia. Each of them is assigned a special code. In accounting, this rule helps to apply the appropriate entries for calculating payments. Such time is provided at the initiative of the employer or employee.
Codes by type of leave
Need to know. An employee is considered to be a person over 16 years of age. Otherwise, papers signed by a minor will not have legal force. Legal representatives are responsible for such a citizen. The management of an organization or institution has the right to hire such a person for one-time work - cleaning assistance, delivering leaflets. Payment can be made immediately in person (to earn up to 2.5 million rubles).
The Labor Code of the Russian Federation contains the names of such time off, as well as the permitted number of days. The list includes:
- The time allotted for passing the entrance exams, session or graduation project (20, 30 days or 4-5 months depending on the documentation provided from the educational institution). Time off is provided only if the institution has state accreditation and a license for a specific profession. Payment is made at the employer's discretion.
- The time provided by law for rest from everyday work. The number of days depends on the severity of the duties, the subject of Russia and other criteria (must be reflected in the employment contract or collective agreement). The Labor Code of the Russian Federation specifies the main and additional leave for which an employee can apply.
- The time allowed by law for the adoption of a child or several children. The number of days may vary depending on the circumstances (the desire of the employer, attached certificates and extracts).
- Time allotted for maternity leave. The Labor Code of the Russian Federation provides for a period of up to 3 years. The employee’s job is retained for the entire period. Payment is made only up to 1.5 years.
Each employment contract is individual, and each employer has its own way of remunerating employees. It is also allowed to conclude additional agreements and collective contracts. The text indicates all working conditions that management approves.
On such grounds, the director has the right to sign an order on paid leave or without pay. Russian law does not prohibit employees from working on additional legal papers. There is only 1 rule - the clauses of the contract or agreement must not contradict current labor law standards.
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| The employee wishes to take 1 day at his own expense. How to correctly write in a statement: “vacation without pay on such and such a date” or “day off from work without pay”???? | |
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| Lyavonikha [email hidden] Minsk Wrote 2865 messages Write a private message Reputation: 357 | #2[48881] December 17, 2008, 12:32 |
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| VyacheslavV [email hidden] Belarus, Vitebsk Wrote 9692 messages Write a private message Reputation: 1077 | #3[48882] December 17, 2008, 12:33 |
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| Good-for-nothing [email hidden] Belarus, Minsk Wrote 122 messages Write a private message Reputation: | #4[48884] December 17, 2008, 12:37 |
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JUS EST ARS BONI ET AEQVI| Alexander Georgievich [email hidden] Belarus, Gomel Wrote 2242 messages Write a private message Reputation: 359 | #5[48885] December 17, 2008, 12:40 |
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What is the end of the world for a caterpillar is a birthday for a butterfly. Richard Bach| Lyavonikha [email hidden] Minsk Wrote 2865 messages Write a private message Reputation: 357 | #6[48886] December 17, 2008, 12:41 |
Good-for-nothing wrote:
+ indicate the reason (family reasons, etc.)
Yeah, and I gave the text of the order. And in the application: I ask you to provide one day, December 17, 2008. without saving salary due to family circumstances.
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| Anatolievna [email protected] Belarus Wrote 106 messages Write a private message Reputation: | #7[48928] December 17, 2008, 14:50 |
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A person learns to speak for three years, and for the rest of his life he learns to remain silent.| Alexander Georgievich [email hidden] Belarus, Gomel Wrote 2242 messages Write a private message Reputation: 359 | #8[48948] December 17, 2008, 15:09 |
Anatolyevna wrote:
Hello everyone! I have a question, is it correct to call one day a “vacation”???? I've been tormented by this issue for a long time. Please tell me what to read on this issue. Thank you very much in advance!!!!
and why is it wrong here Article 190. Short-term leave without pay for family and domestic reasons, for working on a dissertation, writing textbooks and for other valid reasons, provided by agreement between the employee and the employer For family and domestic reasons, for working on a dissertation, writing textbooks and for other valid reasons in addition to those provided for in part one of Article 189 of this Code, an employee, upon his written application, may be granted leave without pay for no more than 30 calendar days
, unless otherwise provided by a collective agreement or agreement . The validity of the reasons is assessed by the employer, unless otherwise established by the collective agreement or agreement. It doesn’t say here that vacation cannot be one day
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What is the end of the world for a caterpillar is a birthday for a butterfly. Richard Bach| Love [email hidden] Belarus, Minsk Wrote 514 messages Write a private message Reputation: | #9[48951] December 17, 2008, 15:11 |
Anatolyevna wrote:
Hello everyone! I have a question, is it correct to call one day a “vacation”???? I've been tormented by this issue for a long time. Please tell me what to read on this issue. Thank you very much in advance!!!!
Even one day will be considered a vacation; it is also called a short-term vacation - art. 189-191 Labor Code of the Republic of Belarus
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| Alexander Georgievich [email hidden] Belarus, Gomel Wrote 2242 messages Write a private message Reputation: 359 | #10[48956] December 17, 2008, 15:16 |
Angel wrote:
Anatolyevna wrote:
Hello everyone! I have a question, is it correct to call one day a “vacation”???? I've been tormented by this issue for a long time. Please tell me what to read on this issue. Thank you very much in advance!!!!
Even one day will be considered a vacation; it is also called a short-term vacation - Art. 189-191 Labor Code of the Republic of Belarus 189th and 191st - this is not quite the same because in the first case the employer is obliged
to provide Article 189. Short-term leave without pay, which the employer is obliged to provide to the employee The employer is obliged to provide leave without pay at the request of the employee wages for up to 14 calendar days to the following categories of workers: 1) women with two or more children under the age of fourteen years or a disabled child under the age of eighteen; 2) veterans of the Great Patriotic War and veterans of military operations on the territory of other states; 3) caring for a sick family member in accordance with a medical report; 4) disabled people working in factories, workshops and areas specially designed for the work of these persons; 5) other employees in cases provided for by law, collective agreement, or agreement. The vacations provided for in part one of this article are granted during the calendar year during the period agreed upon by the parties. and in the second case, the initiative also comes from the employer Article 191. Leave without pay or with partial pay, granted at the initiative of the employer If there is a need for a temporary suspension of work or a temporary reduction in its volume, as well as in the absence of another job to which it is necessary to temporarily transfer the employee in accordance with a medical report, the employer has the right, with the consent of the employee (workers), to grant him (them) leave (vacations) without pay or with partial pay, unless otherwise provided by the collective agreement or agreement. The amount of retained wages is determined by agreement between the employer and employees, unless otherwise provided by the collective agreement or agreement.
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What is the end of the world for a caterpillar is a birthday for a butterfly. Richard Bach« First ← Prev.1 Next → Last (2) »
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Unpaid leave at the initiative of the employer
By law, the management of a company or institution has the right to initiate time off for employees only if there are financial difficulties or lack of reasons to perform daily duties. This time is otherwise called “downtime”.
For such a time, earnings are not preserved, unlike a workplace (before the reorganization or liquidation procedure). If employees are required to be at work, but do not have to perform duties, then they retain payment in the amount of 2 shares out of 3.
Unpaid leave at the initiative of the employee
The employer provides such time off only if there are good reasons (documentary confirmation is required) or on individual terms (by agreement). Among them are the death or wedding of relatives, close friends, registration of documents with various bodies or institutions, family circumstances.
Article 128 of the Labor Code of the Russian Federation contains a list of citizens who are required to give time off at their own expense. In other cases, no more than 5-6 calendar days are provided.
For good reasons
As can be seen from the definition above, one of the conditions for leave at one’s own expense is the validity of the reason for its provision. The legislation explicitly defines some valid reasons, for example, working on a dissertation, writing textbooks (Article 190 of the Labor Code).
The validity of the reasons is assessed by the employer, unless otherwise established by the collective agreement or agreement (Part 2 of Article 190 of the Labor Code). If the employer considers the reason unjustified, he may refuse to provide the employee with a day at his own expense.
At first glance, it may seem that the employee in such a situation is not protected and must rely only on the “mercy” of the employer. However, it is not.
The collective agreement or agreement may provide for circumstances in the event of which the employer will be obliged to provide the employee with a day at his own expense.
Grounds for mandatory provision of unpaid leave
The reasons and grounds for rest without saving earnings are contained in Article 128 of the Labor Code of the Russian Federation. The information includes a list of categories of citizens, as well as the maximum terms that must be approved by the manager.
These include:
- Participants in various military operations, WWII - up to 35 calendar days.
- Employees who have received disability – up to 2 months.
- Citizens of retirement age and receiving government payments – up to 2 weeks.
- If the employee is a state or municipal employee - up to 2 weeks.
Also a valid reason is the illness of a child or several children when they have only 1 parent or legal representative.
Vacation periods depending on the category of citizens
Conditions for providing leave at your own expense
Subject to individual agreement with management, the conditions for providing such rest may be different. An employee may have a problem that will be difficult to prove with documentation.
In other cases, the reasons are as follows:
- Illness of a family member or close relative.
- Fire or disasters, damage to property.
- Trial.
- Other reasons that can be supported by facts.
In such cases, along with the application, they provide attachments - copies of legal papers. These include medical certificates and extracts, as well as opinions, claims and notifications from government bodies, and other correspondence.
Sample application for leave at your own expense
Like any statement by an employee in the labor sphere, the application in question must be made in writing. Compliance with this condition will allow the employee to protect his interests in the event that his absence from work is regarded as absenteeism and entails disciplinary punishment, including dismissal.
- persons who took part in the Great Patriotic War - no more than 35 days a year;
- pensioners who continue to work - no more than 14;
- parents and spouses of military personnel, as well as persons who served in certain government bodies, died or died under circumstances related to their service - up to 14;
- disabled workers – up to 60;
- employees who have such a right in connection with the death of a close relative, registration of marriage, birth of a child – no more than 5.
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Procedure for applying for unpaid leave
Registration of leave without pay is carried out in written and electronic forms. Paper forms are filled out by authorized persons and filed in folders (file list).
Worksheets in the organization are kept by HR inspectors, accountants or secretaries (depending on their responsibilities). There are special programs into which data is entered, and the report is generated automatically. Similar services are used after the adoption of the federal law on the use of electronic document management.
In such a report card, the days that the person actually worked and the days when he was not actually present at the workplace are entered. It is on the basis of such paper that the accountant calculates wages.
Making a timesheet in the program
Time off towards annual, officially paid leave
In cases where the main leave is not used, the employee has the right to take time off with pay. To do this, you must work for the company for at least 6 months and fill out the application correctly:
Application example:
| To the director LLC "Company" V.M. Sbruev from accountant A.A. Linnik Statement. I ask you to provide an additional day off on April 19, 2016 on account of the next paid vacation. 04/03/2016 Signature A.A. Linnik |
It is imperative to make sure that the director accepted the document (his signature will be evidence of this), and it is also necessary to transfer applications to the personnel department for the correct calculation of vacation pay and remaining vacation days.
Maximum duration of unpaid leave
The maximum period for leave without pay is not specified in Russian law. The final decision is made by the manager on an individual basis.
An employer can issue a permit only for the reasons contained in the Labor Code of the Russian Federation. If the employee corresponds to the category of citizens that is written in the list, then the maximum period can be 60, 35, 14 days.
If there are valid reasons or a desire to extend the vacation for a specific period, the employee must write another application and bring it to work. Management has the right to refuse such a right.
Maximum permissible vacation period at your own expense
For the general category of citizens, Labor legislation does not establish any specific deadlines. Everything must be based on the agreement of the parties. To the extent necessary for the employee and permissible for the employer, so as not to suffer damage. However, these deadlines are still established for certain categories of citizens.
Thus, for state and municipal employees, absence from work cannot last more than a year. There is no such clause for private enterprises, but in the event of a long-term absence of an employee, the employer is persuaded to write a letter of resignation “At his own request.”
Structure and content of an application for unpaid leave
The structure and content of the statement can be seen in the figures below. This form is acceptable in accordance with the company's office management and document flow instructions.
Rules and requirements are also contained in the company's internal documentation. On the form you can place brand names and symbols that are distinctive features of the organization.
Unpaid leave application form
Application for time off
In advance (at least a few days in advance), the employee must notify management of his desire by writing a statement, and the employer must give permission for time off with an appropriate order. An application for time off can be written directly on the day of the day off, but in this case, in the absence of very serious reasons, the chances of management’s consent are noticeably reduced.
It happens that employees are forced to work on a weekend or holiday in accordance with production needs, or to exceed the work schedule established for them. If an employee already has overtime, he could verbally agree in advance with his superiors when exactly it will be compensated with rest. But it is better to draw up the document in writing. If there has been no overtime, but it is planned, you can ask your boss to provide an additional day off for the required date with subsequent work off.
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Rules for drawing up and filing an application for unpaid leave
An application for leave at the employee’s expense is drawn up in accordance with the rules and requirements for document flow and office work. The citizen is obliged to fill it out with his own hand and give it to an authorized person for subsequent registration. According to the law, such an employee can be the head of the organization, a personnel inspector, or a secretary.
The authorized person assigns a number to the document and makes a corresponding entry in the journal, as well as in the electronic database. Such actions are necessary for the purposes of searching, storing and identifying the application.
After approval and endorsement of the form, 1 copy must be given to the employee. The applicant must also be familiarized with the director’s order.
Important! When preparing and drawing up documents for leave, it is imperative to comply with the rules and requirements of the Labor Code of the Russian Federation and other legal sources containing labor law norms. Otherwise, the document may be considered invalid.
Sample order
How to correctly write an application at your own expense in 2020?
Applications for leave at your own expense do not have a strict form and are written freely. But there are still a number of details that must be present:
- Full name of the applicant and to whom it is addressed;
- Date of preparation;
- duration of vacation days;
- signature.
How is an application completed?
- In the right corner of the sheet the name of the organization and the name of the official (manager) to whom the application is addressed are indicated;
- The position and full name are written below. the employee from whom the document is drawn up;
- The word “Statement” is in the center of the sheet;
- Next is the text, which contains a request for time off at your own expense from a specific date, for the required number of days, and you will need to indicate the reason to indicate the need for unpaid rest;
- The date of compilation and the personal signature of the employee must be included.
An employer can refuse if:
- will consider it unimportant;
- the employee does not belong to the category where unpaid days are required by law;
- The work process does not allow the employee to be removed from the workplace at the moment.
When writing an application, please note that calendar days are indicated. At the same time, the principle of regular holidays does not apply here, when they are extended by falling holidays. In case of vacation at your own expense, they are included in the number of vacation days.
Application form for leave at your own expense
applications for leave at your own expense in doc format:
Sample application for unpaid leave 2020
A ready-made example will help you write a statement correctly.
Sample application at your own expense for family reasons:
Sample application without saving salary as a disabled person of group 3:
Sample application for leave at your own expense for several hours due to marriage registration:
The reason for vacation or time off can be different:
- for health;
- followed by dismissal;
- in connection with going to the hospital for 3 hours or going to the doctor for 3 hours.
Sample application for leave at your own expense for one day
