You will need
- - the statement;
In accordance with the labor legislation provides for additional rest days, which can be obtained upon application throughout the year at any time. Those days, stipulated by article 152 of the labour code for overtime work, article 153 TK the Russian Federation for work on weekends and holidays, article 301 for rotational processing section 186 for blood donation donors, article 125 for unused annual leave, article 128 provided the opportunity to make leave without pay at his own expense.
All the extra rest days should be in accordance with the labor laws. If overtime work is paid at double the rate that these days are not subjected to additional guests. If payment is not made and the employer was alerted that the employee wishes to obtain additional days-off equivalent to time worked overtime must submit a statement about the need to use these days. The application must be submitted to the employer signed by him. The employer is obliged to issue the order granting the employee additional day or days of rest, and to specify which day he granted.
In accordance with article 125 of the annual paid leave you can use parts, but one part should not be less than 14 calendar days. Therefore, if the remaining vacation days are not used, they can take installments throughout the year. The same provision applies to cases of illness of the employee during annual leave. The vacation shall be extended on all days, were given sick leave and if the leave has not been renewed, all the days for sick leave can be used completely or parts during the current year. You should inform the employer in writing and submit the application for signature.
About donors to the Labour code it is told that they are entitled to a paid day at the time of direct blood donation and on additional weekends. But when exactly they provide is not specified, so this issue is solved by the employer and the employee through mutual negotiations and can be timed to release or used as an extra paid day off during the year.
For work in weekends and public holidays, for overtime on the watch are also based on billable days at the request of the employee, or payment in the double size. In all cases, you must submit a statement about the need to take additional days off in advance.
If no additional days of rest the employee has no annual leave is used completely, it is possible to take vacation at own expense. This should alert the employer in advance, apply for two weeks under emergency circumstances – for three days. Under emergency circumstances, which include serious illness of loved ones, death on the last working day before the day off, AMI. During the year, you can take 14 days without pay, war veterans – up to 35 days, disabled – up to 60 days. All days in excess of these periods upon agreement with the employer. In all cases, time off is documented by the submission of the application, which puts its resolution, the employer and the order in which you specify what, when and why given the day off.
Unauthorized absence from work without proper clearance is considered absenteeism, which can be dismissed under the relevant article. Truancy is not considered only the days when the application was submitted, the required days of rest are present, and the employer refused to provide it (article 81 TK the Russian Federation, the Decision of the Supreme Court of the Russian Federation No. 2).
Advice 2: How to take time off at your expense
Situations when you need to take a few days for your account, happen very often. Such possibility is provided by article 128 of the LC RF. But all is made in accordance with the requirements of the law and by agreement with the employer. Moreover, the number of days of a leave without pay during the year, is also defined by the Labour code.
You will need
- - the statement;
Holiday at own expense can be issued only for a valid reason, but the article 128 does not give a clear explanation onaccount of what reason should be considered valid, and therefore it is given to the employer. All staff employees are entitled to take time off for your account no more than 14 days in the current year. The exceptions are the veterans who can get 35 days for your account and persons with disabilities 60 days. The employer has no right to deny the leave at the birth of a child, death of a close relative in the case of registration of marriage. In these situations, it is possible to get guaranteed time off at their own expense for up to 5 days.
The law also envisaged to provide guaranteed leave without pay upon delivery of entrance examinations in educational institutions, up to 15 days (article 173 of the labour code). Listeners of preparatory courses of educational institutions, employees, students in accredited HEIs in full-time, for the protection of the thesis for the state examination, up to 15 days. Heroes of socialist labor – 21 days, members of the election Commission and their authorized persons – from the date of commencement of elections and until their end, participants of military operations in the areas of settlement of military conflicts – 35 days, wives of military personnel for the entire period of leave of her husband. In all other cases, the employer has the right to deny a vacation due to operational needs.
To draw offs, write the application addressed to the Director General 14 days to produce the desired output. If the leave need to be issued urgently, in connection with valid unforeseen circumstances, notify the employer the day before. The statement should be a resolution of the employer.
On the basis of submitted application, the employer issues a uniform order form T-6. Information about this vacation shall be made in form T-2. Leave without pay that exceeds 14 calendar days, not included in the seniority for registration next holiday for early registration of pension.
Advice 3: How to take time off at your expense
In some cases, workers require additional leave without pay. In order to take time off for your account, you need to notify the employer in writing. This is a statement. Documentation of such leave is governed by article 128 of the labour code, which stipulates that the time off is granted with the consent of the employer.
You will need
- - an application form for leave;
- - the form of order in form T-6;
- - documents of the company;
- - The labour code of the Russian Federation;
- - documentary evidence (if available).
The period of furlough at their own expense can be no more than 14 days in a working year, which is significantly different from the calendar year. The period of the working year is 15 months as opposed to the calendar year, which lasts 12 months. Time off without pay is granted only for legitimate reasons which include the birth of children, marriage registration, death of a close relative. In such situation the employer is not entitled to refuse. In other cases, parental leave is administered by the head of the company, as the labour code does not contain clear explanations about what the reasons are considered valid, and which are not.
Keep in mind that a vacation at his own expense will give you guaranteed, if you take examinations, defend a thesis (draft), learning in school full-time. In these cases, time off without saving earnings is given for up to 15 days. It is regulated by article 173 of the labour code.
For the disabled, war veterans, heroes of social labour, the number of vacation days for your account increases, which is spelled out in article 128 of the LC RF. In the above cases the employer is not entitled to refuse you this time off, in other situations at the discretion of the supervisor.
To obtain leave at their own expense make a statement. Address it to the Director of the company, where do you perform your duties. Specify the number of days for which you need the day off. Note that to tell your employer you are required 14 days prior to the actual start of the leave without pay. When an emergency alert head the day before off. After sending your application with documentary evidence of valid reasons (if available) on the document, the Director puts a visa.
After that, the Director issued an order (order) information using form T-6. on the basis of this document you are entitled to go on leave without pay. Just keep in mind the following. A sick day during the working years is more than 14 days, to the RAaccount for the design of the main holiday, the early registration of the pension is not included.