Under the legislation of the Russian Federation, all workers have the rightto rest. In some cases, except for an annual paid one, you can get leave without pay. To obtain such exemption from work, it is necessary to have valid reasons. This can be various family circumstances - marriage, close relatives, urgent emergency repairs in the apartment, seeing off in the army, sending children to summer vacations, etc. The employee retains his work place, and the days when he was absent in the service are not paid. There are still some important points that should be known.
Employee Rights
An employee wishing to obtain exemption fromwork for a certain period, must apply for leave without content, indicating good reasons. In each case, the employer decides whether to give the employee an 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 specifies the reasons for which the employee can not refuse to grant exemption from work. So, you are required to sign a leave application without maintenance in the following cases:
- registration of marriage, leaving close relatives, the birth of a child (leave is allowed up to 5 days);
- entering universities or studying in them for examinations (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);
- participants in hostilities (up to 30 days);
- civil servants for family and other respectful circumstances (no more than a year).
If an employee receives unpaid leave, butfor some reason interrupts him and goes to work earlier, it's his right. It is only necessary to notify the relevant services in the organization to which you received your application for leave without content.
The employer's initiative is punishable
Often there are cases when the employerforces employees to leave unpaid leave. Most often this is covered by a forced simple manager's fault. But days of forced rest must be paid, according to the TC. Vacation for personal reasons and forced simple - two completely different things! It is important here that employees know their rights. Sometimes leaders force workers to apply for leave without content, assuring them that they solve the problem of mass dismissal. Such actions of the employer are a gross violation of the rights of the employee. In the case of a trial, it is clear that such leave will be considered a forced downtime, and the head will bear responsibility. In addition to paying the days of idle time, you will also have to pay a penalty fee for delaying your salary. It would be good to remember all the leaders - the forced leave of the Labor Code of the Russian Federation is considered illegal.
