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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