Receive from the employee leave request with no content (also without pay). This statement must be written at the request of the employee, but in no case, not under compulsion. Such behavior on the part of the head is illegal.
To avoid problems, eliminate the possibility of storing the written proposals of the administration to the employees about the leave no content. 128 article of the Labour Code says that administrative leave, in most cases, associated with family (personal) circumstances. Therefore, the model for applications on holiday without contents is not necessary: the request is presented by the employee in any form indicating the specific grounds or reasons. It is desirable that the statement was accompanied by any confirming documents the reason in the document was the duration of leave.
The application must be reviewed by the immediate supervisor of the employee, the head of the company should summarize it: "In the personnel Department, for the issue". Then you can safely draw up the documents and send the employee on administrative leave without pay.
In addition, the Labour Code limits the category of employees that can be sent on leave without content. In this regard, carefully read 128, 173, 174, 263, 286 articles of the Labor Code, to be sure that the official that you are going to send in holidays without salary preservation, belongs to those categories. Do not allow the publication of orders on leave without content for an entire unit of employees or entire staff. For example, the phrase "send on administrative leave employees of the production Department" would indicate a clear violation of workers ' rights.
Remember that the employee had leave without pay has the right to terminate it at any time to return to work prior notification about this fact to the employer. Payroll is carried out according to standard procedure.
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Advice 2: How to send an employee on leave without pay
In the process of operation for various reasons can get into a crisis situation. When discussing ways of saving costs, you can make the decision on the administration of "excess workers" on leave without pay. Keep in mind that the employer has no right on his own initiative to send the vacation. This requires the application of the employee.
Talk with the employee, explain the situation to him, which was the company. Politely ask him to write a letter for leave without pay. Agree with the employee the terms and grounds of vacation. In this statement it is necessary to specify the cause of an individual nature such as family circumstances of the employee.
Will issue a personnel order granting the employee leave without pay. In the "order" in its preparation it is necessary to refer to the statement of the employee. Let the employee get acquainted with the order by putting the date and your signature.
Make a simple fault of the employer with the right of employees not to go to work, if workers failed to persuade to write applications on holiday. Make and sign an order on the simple enterprise. To order you must specify the reason for the absence and the date of its beginning and end. Familiarize workers with the order under the painting. Idle time consider the time sheet, noting the relevant symbol. The period of downtime caused by the employer to pay the employee in the amount of 2/3 of average earnings.
If you are not sure how long the situation at the enterprise, in order to simple specify the approximate date of end of inactivity, and then make additional orders.
If you can prove that was idle for reasons not dependent neither from the employeenor from the employer, and justify it in the order that idle time paid employeem in the amount of 2/3 of their salary or wage rates.
If you managed to persuade the employees to write applications for leave without pay, they may appeal in court the legality of granting such leave. In this case, the organization will be obliged to pay them time for these holidays in accordance with article 157 of the Labor code, plus, for violation of the labour legislation labour inspection can bring to the organization to administrative responsibility.