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Published: 05/27/2020
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The practice of depriving an employee of bonuses or even dismissal for absenteeism, including for good reasons, if the person did not notify management of his absence from work and did not receive permission, was standard until 2020.
- Dismissal for absenteeism
- Decision of the Supreme Court of the Russian Federation on the admissibility of warnings about absence from work via SMS Judicial practice
- Position of the Constitutional Court of the Russian Federation
- How will the decision affect practice for working citizens?
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By the decision of the Constitutional Court, an employee now has the right to notify management of his absence from work for objective (valid) reasons by SMS or other convenient method, without requiring the manager’s consent. If, at the time of absence from work, the employee has an officially issued sick leave, there may be no notice of “absenteeism” at all.
Conversation with the manager
What is the best way to talk to your manager to ensure you get the day off? Not everyone succeeds in this, so you need to find an approach to the employer.
How to ask your boss for time off
The following tips may help:
- Of course, you should not call and talk about this request or ask for a day off on the same day. You must ask for time off in person, you can use the phone to ask for time off only if you are seriously ill and you should not come to work so as not to infect anyone, or in some other emergency.
- You should contact your boss at the very beginning of the week. You should ask for time off in advance so that the boss can find a replacement for you.
- When communicating with your manager, you should explain in detail and confidently the circumstances that require you to take time off, but you should not be overly verbose or emotional.
- Be polite, calm and confident.
- It should also be added that you have completed most of the work, and the rest will be ready on time. Show that the time off will not affect the work process in any way.
- To get in touch, leave your contact details, in case you need to clarify something with you about your work.
How to write an application for time off for previously worked time to provide time off
Writing an application for time off in this case makes sense even then. when the boss does not insist on it. This will completely eliminate the possibility of punishment for absenteeism, the severity of the punishment for which, according to labor legislation, varies from reprimand to dismissal.
Therefore, the question is how to take time off from work. in order not to receive penalties for absence from the workplace, there is only one answer: obtaining the verbal consent of the manager with the obligatory submission of a written application - only in this way, in the event of an unfavorable outcome, will it be possible to prove timely notification of the employer of the intention to leave the workplace.
So, what is the correct way to ask for time off from work in writing? There is no sample application of this type, but there are still several generally accepted rules for its preparation:
- The addressee is indicated in accordance with the standards adopted in a particular organization. In some companies, such documents are usually addressed to the immediate superior, in others - to the first manager. It is better to clarify this before starting to write an application.
- Drawing up an application in two copies (one of them with the manager’s visa must remain with the applicant).
- If there are attached documents, a link to this in the text of the application. For example, when requesting time off for a routine visit to a medical facility, you must include a doctor's order or an extract from your outpatient record.
- Indicate in the application the date and time (period) of absence from the workplace. In the future, this will eliminate misunderstandings related to deductions from wages.
How to take one day off from work: reasons
Reasons that are considered valid for taking time off from work.
Cause | Description |
The need to visit official authorities | It may be necessary to apply for a replacement passport, register real estate, or something else. These organizations operate only on weekdays and are closed on weekends. And the queues, for example, at the passport office are very long and it can take the whole day. That is why, in order to visit such places, you should take a day off from your superiors. |
Difficulties with transport | Perhaps you were caught in a big traffic jam, a small accident, or your car suddenly broke down on the way to work. You can't abandon your car in the middle of the road, can you? So, this can be considered a serious reason for taking time off. |
Family problems | This is often the most common reason, but for management this is one of the most serious reasons. Perhaps you need it for your child's school holiday or for your elderly grandmother's birthday. This also includes meeting relatives at the station. |
Need to pass exams | Perhaps you need to pass exams for your license or you have a session at the university; in such cases, time off is simply necessary and it is unlikely that your boss will be able to help you with this. |
Due to illness | Requesting time off due to illness is one of the most respectful requests for an employer. |
You urgently need medical help | If you are not feeling well or your young child is sick, then the manager should simply give you time off so that you can seek medical attention. Such a reason could be either a high temperature or the need to undergo tests. In this case, the employer will not be able to refuse you. |
Donation | A completely legal method for getting two days off is to donate blood. The day of delivery and the next day are a day off. By law, these days off must be paid. In this case, you need to present a document that will prove that you donated blood. However, the authorities can rarely release you for regular donation, but only when it is necessary for close relatives or if you are a donor with a rare blood type. |
Application for leave for family reasons for 1 day
A working person spends most of the day at work, paying little attention to his family.
However, sometimes unforeseen events may occur that require his participation. Family problems that arise can sometimes be resolved in a day, but sometimes it will take more time. This may include situations such as (wedding ceremonies, funeral arrangements, meeting a relative with a newborn baby in the maternity hospital).
To take time off, the consent of the boss is not necessary; it is enough to notify him in a timely manner by submitting a request. Usually, in these circumstances, time off is documented. But, in order not to destroy relations with your superiors, it is better to obtain the consent of the official.
The sample request for time off for family reasons is the same as a similar document for other situations. Specific recommendations include the following:
- It is necessary to correctly formulate the reason for removal from work (briefly and clearly). If possible, bring supporting documentation.
- If you don’t want to explain the reason, then you can get by with the phrase “for family reasons,” but then you’ll have to tearfully ask your manager for a favor.
Note : Only persons who have worked for the company for more than 6 months receive the right to extraordinary time off. Exceptions include beneficiaries in accordance with the Labor Code of the Russian Federation.
Sample application
For personal reasons
Time off can be obtained for personal reasons. What can be classified as such circumstances for the employer to approve the desired time off?
The birth of a child is a circumstance that allows you to take time off from work
These include:
- Birth of a child . For this reason, the employer is unlikely to refuse the request.
- Summons for a court hearing . If there is a situation where an employee has been summoned to a court hearing as a juror or as a participant in a trial, the boss does not have the right to prohibit the employee from leaving the workplace.
- The emergence of emergency household problems . In emergency situations, when, for example, a subordinate's front door is jammed, he is stuck in an elevator, or cannot leave the house due to a broken water supply, the boss should give the subordinate a day off. But only under these circumstances you need to prove why you were unable to come to your workplace. As evidence, you can take a document from the relevant organization or emergency service.
- You can also add circumstances such as the funeral of a close relative and a wedding .
Reasons for temporary absence from work
Most companies strive to regulate the time employees spend at the workplace, their periods of work and rest. To do this, each employer approves its own working hours, and the employee is obliged to obey this regime.
But any employee, regardless of his attitude to work, moral and business qualities, sometimes has the need to leave the workplace. The reasons for this are varied, and it depends on them which statement to write for absence from work for an employee.
The following are considered valid reasons for temporary absence from work:
- visiting a doctor, undergoing a medical examination;
- participation in court proceedings and investigative actions;
- call to a government agency;
- an emergency situation at the employee’s place of residence requiring his presence;
- important family circumstances.
The law establishes a number of circumstances in the presence of which the employer does not have the right to refuse an employee rest. Eg:
- a person is a donor of blood or its components. Art. 186 of the Labor Code of the Russian Federation guarantees such employees an additional day of rest after each delivery;
- Art. 153 of the Labor Code of the Russian Federation allows you to receive an extraordinary day off for previously worked time.
On account of paid leave
By agreement with his superiors, the subordinate is obliged to prepare an application for the provision of a future day off, deducting it from the main paid leave. The employee must submit the prepared document to the employer for approval, and then send it to the personnel department.
The following categories of persons are entitled to unused days from vacation earlier than 6 months from the start of work:
- pregnant women who will soon go on maternity leave;
- persons under the age of majority;
- parents who have become parents or adoptive parents of children under three months of age.
How to ask for time off if your boss is against it
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Almost every employee is familiar with this concept. An application for an administrative day must be completed correctly and submitted to the authorities within a certain time frame. If such rules of the collective agreement are not observed, the worker faces serious sanctions, including dismissal. An application for time off may be caused by various circumstances, incl. family, and daily leave is granted depending on the date of execution of the document. Knowing how to correctly write a request for time off on account of previously worked time, at your own expense, or for other reasons, will save you from official troubles.
Vacation at your own expense
To take time off at your own expense, you must draw up an application with the following wording:
“I ask you to grant me leave without pay for 1 working day - 06/18/2018 - due to the urgent need to be present in the house at my place of registration during urgent electrical repairs.”
How to write an application for leave at your own expense
This document for a day off without saving earnings can be drawn up at any time. Whether the boss will sign the application or not is impossible to guess. A large number of factors influence the granting or denial of unpaid leave.
Starting from the reason you provided, whether your boss considers it respectful enough or not, and ending with how your boss treats you. Perhaps he considers you an irreplaceable employee or does not like you and because of this does not want to give you time off.
It is also important to know your rights well, be ready to defend your own interests and demand time off in accordance with cases that guarantee a day off by law. After all, this will come in handy if your employer does not give you permission to take time off.
Find out how to send an employee on vacation at your own expense in this video:
Consequences of absenteeism
According to Article 21 of the Labor Code of the Russian Federation, employees are required to follow the internal labor regulations. Violation of them entails disciplinary liability. Such a gross violation as truancy, according to the law, may entail:
- comment;
- rebuke;
- dismissal.
In addition, skimping on labor discipline, schedule and job responsibilities gives the employer the right to deprive the employee of bonuses. The Labor Code does not imply the imposition of additional penalties.
Leave living relatives alone
One user, who wishes to remain anonymous, adds: “Saying that one of your relatives has died is probably not the best idea. You can resort to such an excuse only until all the members of your family are “over”. It is much easier to pretend to be sick than to feign grief over the passing of another relative. In addition, obituaries are now almost always published online. So if your boss does some digging, he can easily catch you in a lie.”
Reasons for granting additional days off
Some workers will be disappointed - the employer is not always obliged to meet them halfway and provide them with the right not to go to work. If the company operates at a busy pace, the production need for a particular employee is great, then the application for time off may not be approved. They also refuse when the worker has less than six months of experience in this organization. However, there are several types of citizens to whom no one has the right to refuse such leave. These include:
- disabled people of all groups;
- participants of World War 2;
- people on old-age pensions;
- close relatives of military personnel killed in the line of duty;
- people asking for time off for a funeral, wedding, birth of a child.
Administrative day at your own expense
The easiest option to ask for time off from work on a specific date is to ask for free time without pay. The application for time off must indicate the reasons why the employee requires a day off. Dashes are added to the time sheet. If the decision is positive, the management of the organization issues an order to provide the employee with unpaid days with subsequent work in accordance with the submitted application.
On account of previously worked time
The provision of time off for previously worked time occurs in agreement with the worker’s immediate superiors - foreman, foreman, department or workshop head. This vacation option is given if there was irregular work or emergency work on weekends or holidays. In this case, you have a choice - to compensate for the work with money or free time by writing an application for time off. You should negotiate “amicably” with colleagues and superiors so that they find someone to replace the person taking the day off for this period of time.
Time off towards vacation
If the annual leave was not taken off completely, there are days left that the employer owes to the subordinate, then the issue is resolved simply - an application for time off is submitted for the required period, and the worker uses the time that belongs to him. You cannot apply for time off for a vacation that has not yet arrived; the Labor Code does not provide such an opportunity. You can take no more than 2 weeks, provided that 14 of the 28 days of annual rest have been used. With this option, wages are retained and paid in accordance with the accounting rules for calculating vacation pay.
What is time off
The legislation of the Russian Federation does not provide a clear definition of the term “time off”, however, there are different interpretations of this concept, depending on the circumstances when receiving one-day leave - at your own expense, taking into account previously worked time, on account of annual leave, for donating blood. The application for time off, which the employee submits to the boss, indicates the circumstances and reasons why the worker takes the day off. In addition, it is necessary to indicate the date of the day that the employee intends to use for his own purposes.
How to get rid of 2 days of absenteeism from work
In this article, I will tell you what to do if you are threatened with being fired for absenteeism, and how to emerge victorious in a dispute with your employer over dismissal, using articles of the Labor Code of the Russian Federation. articles ○ Part 1.
They threaten to fire you for absenteeism: what to do?○ Part 2. How to avoid dismissal for absenteeism? The threat of dismissal for absenteeism is the most common method of an employer if the boss has established the fact that an employee is absent from work or in the office.
Today we will look at the question of under what circumstances dismissal for absenteeism is really possible, and we will also talk about the procedure for dismissal on such grounds.
○ They threaten to fire you for absenteeism: what to do? To begin with, I will tell you what, according to the law, is truancy.
How to skip work without unpleasant consequences?
Perhaps the most common reason for skipping work. It's just easy to check. You will simply be asked for a doctor's certificate.
Either a visit or a house call. Therefore, you will have to lie about visiting doctors in a particularly sophisticated way. In any case, this scenario is common among the population. Girls, especially pregnant women, can avoid work, under the guise of having to undergo tests and visits to the antenatal clinic. So it’s enough to just come up with the reason why you are going to the doctor.
The more serious the problem, the better. Transport problems It has already been said that we all live in an unpredictable world. Here you cannot be 100% sure that nothing will happen tomorrow.
Therefore, particularly successful excuses from work usually offer some incidents beyond the employee’s control as the cause. Household problems have already been mentioned.
Excuses from work. how to take time off from work? explanatory note for absenteeism
- Articles about professions
Each of us, at least once in our lives, has dreamed of simply not going to work - not because of illness, not because of some real difficult circumstances, but simply because of laziness. But we are all afraid of our bosses, afraid of losing this very job.
Accordingly, we try to be obedient and do everything we are told. But there are certain situations in life that can happen to almost any of us and at the most inopportune moment. And each such situation can serve as a reason for absenteeism from work (even if it is far-fetched). It is only important to warn your boss about this very convincingly and in a timely manner. 1. Turn off the water. Let's say you took a shower in the morning. Suddenly the water was turned off throughout the house and you were left standing naked with soap on your body and head. It is clear that it is not possible to go anywhere in this form.
How to make excuses for absenteeism?
Thus, if the employee does not provide his explanations and this fact is documented, then this will in no way be a basis for canceling the dismissal order. Another case is if explanations are not requested, and an act has not been drawn up regarding their absence.
https://youtu.be/VRWoM8x_UYE
Here, the employee has the right to cancel the dismissal order in court with subsequent reinstatement at work. Separately, I would like to draw your attention to the fact that it is mandatory to send an explanation of the reasons for absence to the employer.
Attention
If you hide good reasons for absenteeism from your boss, but voice it in court, the judge may classify such actions as an abuse of right. The consequences here can be the most unpleasant - refusal to cancel the dismissal order, recovery of wages for downtime, impossibility of reinstatement at work.
4.
Did you take a walk? make excuses beautifully!
At Least Some Honesty If you're lucky enough to have your boss as a normal human being, the best thing to do is simply tell her or him that you've reached your limit. And a day when you could strain as few brain cells as possible is simply necessary.
Important
Perhaps you have some other personal reasons. Careerbuilder.com spokeswoman Jennifer Sullivan says, "Fortunately, management has recently become increasingly understanding of the fact that employees may need an extra day off." Please note that the word “day” is singular.
Another option for being absent from work sounds completely outlandish: “Take sick leave.” More precisely, it would sound like that if it were not absolutely true.
8 plausible excuses for not going to work
So you Olga say, “I skipped work, what should I do to avoid getting fired?” — My advice to you is to admit it “as it is.” And there is no need to invent all sorts of tall tales. A lie will always come out sooner or later. Then your boss will really hurt you.
And bosses usually treat truthful confessions with understanding. Well... who doesn't it happen to?! Moreover, no one will believe someone who lies once in the future! So... “better the bitter truth than a sweet lie!” Lying, of course, is bad, but you can still embellish your story about absenteeism.
For example, say that you are sick, or you can say that a water pipe at home burst. We can say that the door lock broke, and you waited all day for the technician to open you from the other side. Plus, he had to change the lock, which took a lot of time.
But under no circumstances say that you didn’t want to go to work.
How can I get rid of it? I spent a day at work
Relatives By the way, an explanatory note for absenteeism may include such an item as a meeting of relatives. This option is especially suitable around the holidays and in the summer. Report that you will not come to work due to a meeting of distant (or close) relatives who have come to visit.