Many people of retirement age continuework hard to ensure a decent standard of living. But not everyone knows about their rights. For example, everyone knows about the availability of paid vacation. It is laid to all those who continue to work, as it is fixed in the law. Available to working pensioners leave without pay. This period may be required to solve family problems, recovery, rest. About the rules of its design described in the article.
Rules of law
Every person, no matter what position he holds,may ask the management to schedule additional leave without pay. For example, for family reasons, health condition, important events. Article 128 of the LC RF with comments includes nuances. When is this right not satisfied? What to do if the employee is not included in the list of those who are supposed to?
In Russia, a well-deserved rest for women comes in55 years old, and 60 years for men. Since then, they are considered pensioners. In addition to monthly compensation, they are provided with various benefits. Is there a vacation without keeping a working pensioner? This right is legal. Rest is available upon request within the time specified in the law.
It should be borne in mind that not all this periodcounted in the seniority, and only 14 days, taking into account weekends and holidays. Unpaid days exceeding 2 weeks are missed when calculating the length of service, which is legal.
Rights of pensioners
According to art.126 of the Labor Code of the Russian Federation, granting leave without pay to working pensioners may be replaced by payments. For example, with a summation of unused annual weekends a period of more than 28 days may appear. All over paid by law. Other benefits are also provided to working pensioners:
- The employer cannot refuse to employ the pensioner.
- The elderly person can quit without working off for 2 weeks.
- The bosses usually appreciate older workers because of their great experience. Therefore, this category of workers rarely falls under the reduction.
Leave without saving wagespensioners is an additional advantage in which no employer can refuse. Therefore, older workers can safely enjoy this benefit by issuing an additional period for traveling, traveling to a sanatorium or relaxing at home.
Who is granted and how much?
In the Labor Code of the Russian Federation categories of citizens are designated, as well asdeadlines for providing vacations of working people. The schedule contains codes, for example, "17" and "OZ". How long does a leave without pay for working pensioners last? By law, the following rules apply:
- Working people with a certificate issued by the Pension Fund of the Russian Federation are granted 14 days additionally, annually.
- Labor veterans and working retirees can get additional weekends that are offered in the regions, as well as on a general basis.
- The veterans of the fighting, retired workers who have the sign "Resident of besieged Leningrad", have at least 35 days in a year of additional leave without pay.
- Disabled pensioners receive 60 days.
- Working in the fire service are issued a weekend for 10 days.
- Heroes of the USSR, the Russian Federation, Labor can rest 3 weeks a year.
Thus, additional leave can be issued to anyone who falls into this category.
additional information
But the above groups are not the only ones who can get an additional vacation period without refund. You should be familiar with the nuances of providing such a weekend:
- Pensioners are persons who by law have reached a certain age. They must have a certificate granting the right to receive benefits.
- Former military officers who are paid for their seniority can only get a weekend out of turn when they reach retirement age.
- Pensioners employed in the Far North can get an extra weekend, taking the journey from the place of work to the destination.
- Spouses of those who work in retirement, put extra leave.
It also happens that employers themselves offer similar leave to employees. Often the list of benefits is much larger. Therefore, such information should be recognized at the place of work.
Decor
Leave without saving wagespensioners under the Labor Code of the Russian Federation may be issued during the working year. There are no marks in the law that in order to obtain such benefits, some experience is required at one place of work. It turns out that the right can be exercised at any time. But keep in mind that immediately after employment it will be difficult to do.
Conditions
According to art.128 of the Labor Code of the Russian Federation leave is granted only under the conditions specified in the law. If the pensioner is sick during this period, then the design of the usual sick-list will not be available to him. When receiving paid rest, the sick leave is extended for the entire period of the disease, if you provide confirming certificates.
Leave without saving wagespensioners can only be provided for a good reason. Usually in a statement, staff members indicate treatment, rest, family circumstances. These are the most common causes, but there may be others.
The retiree should write a statement.At the same time, he should have a desire to get such a benefit. Paper is fed to the personnel department. In Part 2 of Art. 128 of the Labor Code of the Russian Federation is designated as obligatory. Therefore, the employer's response does not have an important role.
The procedure and procedure for registration
Holiday without working pensionersstarts with submitting an application to the personnel department. It is drawn up in free form, written by hand or on a computer. The main thing is to be clearly marked all the important information. If you do not specify the deadline, then the application for leave without pay can be considered invalid. The sample will allow you to properly compile it.
After the document is accepted, an order is issued.The paper is signed by the leader and the person who decided to rest. On the dates of the leave, a note is made in the card for fixing labor time and in the card for the employee with the T-2 index.
Writing a statement
Sample application for leave without savingsalary will allow to make it right. You need to write it on A4 paper. You must specify the name and position of the head, the name of the organization, name, name and position of the employee.
The title indicates the "Statement".It is necessary to briefly state the reason for which the leave should be granted. The date of its beginning and the duration must be indicated in the application. At the end you need to put the number and signature. No other information is required. The sample is usually located in the personnel department.
Features and nuances
If the employee wrote the application, the employer does notmay refuse to grant him rest. This advantage is not replaced by compensation or transfer to the next year. Many people believe that an employer can call an employee from vacation, but this is not entirely true. According to art. 125 of the Labor Code of the Russian Federation, this rule applies to employees who leave for regular vacation. And for pensioners, this rule is invalid.
To proceed to their duties earlier,You must write a statement, and then the rest of the rest can be used at the end of the year. The dismissal of a working pensioner who is on unpaid leave is only possible in exceptional cases. For example, when an enterprise is liquidated or an entrepreneur ceases to operate.
Comments
In Art.128 of the Labor Code of the Russian Federation says about the legal regulation of vacations without pay. Duration of rest is established on the basis of an agreement between the employee and the employer. This period is not counted in the work record. But for the employee is saved place of work.
Denial of leave cannot be granted:
- War participants - up to 35 days.
- Employed pensioners - up to 14.
- For employed persons with disabilities - up to 60.
- Parents and spouses of soldiers who died in the service - up to 14.
In the Federal Law and local documents there may be other categories of employees who may be granted such leave. For example, employees taking examinations in universities receive up to 15 days.
This vacation cannot be transferred to the next one.year. It is given to workers of the Far North, part-time workers, the heroes of the USSR, the Russian Federation. When on leave, the employee has the right to go to work if he informs the head of this in writing.
Thus, personal leave is completelyRegulated by law, like any other form of recreation. It is important to remember all the rules so that there is no deception on the part of the employer. Pensioners can safely enjoy all the benefits established by law.
