Article 114 of the Labor Code of the Russian Federation guarantees all employees that they will be provided with rest; you should know what an employee can count on, and how to correctly write an application for leave so as not to be refused by their superiors.
You can go on vacation for the first time only after 6 months of continuous work with a specific employer. However, the employer is not obliged to give it right away. Therefore, in case of production necessity, “well-deserved rest” will have to be postponed.
If there are sufficiently good and trusting relationships between the parties to the employment contract, you can go on vacation without having worked for the required six months. But this depends only on the head of the organization and is his right, not his responsibility.
Further, legal rest is given at a time agreed upon by the parties, but strictly according to the schedule. You can move away from the schedule only by making changes there or also with a good relationship with the director src=”https://consultwork.ru/wp-content/uploads/2015/07/kak-napisat-zayavlenie-na-otpusk.jpg” class =”aligncenter” width=”800″ height=”600″[/img]
All working citizens can count on a minimum vacation of 28 days annually. “Advanced” enterprises that value their employees can set them a longer basic annual paid vacation. Most often this is reflected in local acts: collective or labor agreements.
If desired, you can divide the vacation, however, part of it must be equal to at least 14 days. The other part can be taken as you wish, even every other day, one day at a time.
How to write a vacation application?
The law does not provide for a strictly established form of application.
However, the rules of office work require that the application contain the following information:
- To whom it is addressed (name of employer).
- From whom is it written?
- The name of the document itself (“statement”).
- Brief summary of the essence: annual paid leave or leave without pay, etc.
- The period of time for which leave is required.
- Date of.
- Signature and its decoding.
The Labor Code does not specify a clear period of time when exactly and how many days before the vacation you need to write an application. Most often, employers require employees to give two weeks' notice of vacation.
It is logical that the need for leave without pay is difficult to predict if it is required due to events that have little control over us. This is the birth of a child or the death of a close relative. In these cases, an application for its provision can be written as soon as it is needed.
And, most importantly, a vacation application is usually written in the personnel department. Most organizations develop their own sample, into which you only need to insert your data.
Sample application for regular paid leave:
applications for the next vacation in MS Word format.
To the director (manager)______ _____________________________ (full name) _____________________________ (name of organization)
from ___________________________
(job title)
_____________________________ (FULL NAME)
Statement
I ask you to provide me with annual paid leave in accordance with the vacation schedule (you don’t have to specify it) for a period of _____ calendar days from “___”
____________ 20__ to "___" ____________ 20__.
“____” ______________ 20___ _______________ ________________
(signature) (full name)
Samples of vacation applications
Based on the written application for leave, a corresponding order is issued.
A person may need release from official duties for various reasons, so you should know what a working citizen can count on and how to correctly write a leave application so as not to conflict with the law or receive a banal refusal from management.
Vacation can be paid or at your own expense, one-time (situational) or periodically recurring. Vacation time approved by the boss involves the temporary absence of an employee from work without dismissal for the period of absence.
Additional paid leave
Information about vacations, which are additional, which the company pays, can be found in Art. 116 Labor Code of the Russian Federation.
The purposes of such (additional) leave may differ from each other. These include, for example, compensation for the adverse effects of certain factors (climatic, occupational, production). At the same time, the right to exist has the purpose of leave in the form of stimulation and reward of workers for work in a certain field of activity.
In addition to the mandatory prerequisites for providing additional leave, which are listed in Part 1 of Art. 116 of the Labor Code of the Russian Federation (harmful and dangerous working conditions: long working hours; special nature of work; work in the Far North), such leave should also be established at the good will of the employer. This must be legally (documented) secured.
Sample application at your own expense for one day due to health reasons
Download from the link below: We would like to thank the authors for the application for leave at their own expense for health reasons. And if annual paid leave is not available at this moment. Prevent subordinates from going on vacation at their own expense. Every year, ask for three days at your own expense (for health reasons) without. Writing applications for leave without pay is illegitimate. How to fill out an application and order for leave without pay? How to reflect it in a personal card. Is it possible to refuse to provide an employee with leave at his own expense - Does it matter? Leave for health reasons. Sometimes. As a child. Statement of claim for recovery from an employee.
Read more: If twins are born, maternity capital is provided
He can attach a copy of train or commuter train tickets to the application. In Art. 128 of the Labor Code of the Russian Federation indicates cases when an employee has the right to take up to 5 calendar days on account of future vacation or at his own expense. This is: Your own wedding; Birth of a child; Death of a close relative. These reasons are considered a priori valid. Other reasons are at the discretion of the employer. In Art. 128 of the Labor Code of the Russian Federation states that, without explaining the reasons, the following categories of workers have the right to take a day off on account of future vacation or at their own expense: Participants and veterans of the Second World War up to 35 days in use; Old-age pensioners who continue to work up to 14 days a year; Disabled people who...
Leave without pay
The name speaks for itself: the employee goes on vacation at his own expense, losing his average earnings for this period of time. This type of leave can be granted to a citizen either compulsorily or with the permission of the head of the organization.
Mandatory cases of granting leave without pay are listed in the Labor Code. Persons who are given such leave include: participants in the Great Patriotic War, old-age pensioners, parents, wives (husbands) of military personnel and other security organizations, such as the armed forces (Ministry of Emergency Situations, police), listed in Art. 128 of the Labor Code of the Russian Federation, disabled people, employees who had a child, a wedding, or a close relative who died.
However, the list of such cases is open, since the article allows for the possibility of granting leave without maintaining average earnings in other cases listed in the code or other laws.
Sample applications
We bring to your attention various samples of applications for leave for one reason or another. Using them, you can quickly and correctly compose your vacation application.
Next
In some organizations, writing an application is optional. Usually, if a schedule is approved according to which the company’s employees will go on vacation:
Administrative
Leave without pay is provided:
Maternity leave
The application must be accompanied by a certificate of incapacity for work in connection with pregnancy and childbirth, issued at the antenatal clinic. Without a certificate issued by the hospital, such an application cannot be considered, as it involves social benefits:
For child care
This type of application also assumes that the child’s birth certificate will be attached to it:
Educational (paid)
Asks for paid leave. The date and reason are indicated, and the relevant certificates are attached:
Read more: Is it possible to have a separate division on the USN
Educational (unpaid)
Requests leave without pay. The period and reason are indicated:
With subsequent dismissal
Requests to be granted another paid leave followed by voluntary dismissal:
Academic
Requests academic leave for the academic year due to the birth of a child:
If you plan to take leave, both regular and extraordinary, academic leave, leave at your own expense, or maternity leave, child care leave, you need to fill out an application. Applications are drawn up according to a single template, regardless of the type and reason. The only difference is the text of the application, which sets out the reason why you want to receive paid or unpaid leave.
A few days on account of the main vacation
The law allows you to take several days off as your main vacation. Sometimes the employee needs it, and sometimes the employer demands it. In any case, you can divide your vacation. It is important to remember that part of the vacation should not be less than 14 days, otherwise there will be a violation of labor laws.
To receive several days of paid leave, you just need to write an application indicating the exact number of days of rest.
After signing the application, the employee has the legal right to rest in the number of days provided to him by the employer.
Example of an application for rescheduling a vacation:
To the director (manager)______
_____________________________
(full name) _____________________________ (name of organization)
from ___________________________
(position) _____________________________ (full name)
application for transfer of vacation.
I _______(full name)____ was granted annual paid leave from _________ 20__ to __________ 20__. However, ___ days from the specified vacation from ________ 20__ to __________ 20__ I was sick, which is confirmed by a certificate of incapacity for work issued by ____(by whom)____ _____(when)_____.
Based on this and in accordance with paragraph. 2 hours 1 tbsp. 124 of the Labor Code of the Russian Federation, I ask you to postpone the remaining ____ days of the main vacation to the next date ____________ 20__.
Attachment: certificate of incapacity for work issued by __(by whom)___ ___(when)__.
“____” _____________ 20___ _______________ _______________
(signature) (full name)
Note: vacation is often postponed in case of illness during it, however, the application can be written later. And you can “finish off” your vacation later.
The employer simply issues a new vacation order or prepares an order to postpone the vacation, setting out the reasons for such a postponement.
Samples of vacation applications
Many organizations have ready-made application forms for leave of any category - simply because this reporting principle is more convenient for accounting and human resources departments.
There are no fundamental differences between office forms and those that you can download on the Internet or type yourself.
The difference, if any, can only be in the external design, but not in the content.
For example, the "internal sample" might look like this:
Sample application on company letterhead
A self-composed statement looks different:
Sample application for annual paid leave
Paid annually
Guaranteed annual paid leave can be taken in whole or in parts (TC Article 125), so you can request the entire vacation period or use the vacation partially.
Please provide me with another paid leave from (*date*) to (*) days
.
The duration of the vacation is standard and is 28 days, therefore it is not necessary to indicate the number of days. Extended vacations can be used by certain categories of workers (TC stt., ,; Federal Law No. 181 1995, No. 136 2000, No. 90 2006; PP No. 949 1994, No. 391 1996). They should provide a link to the relevant regulatory document.
When requesting part of your leave, remember:
- one part of annual leave cannot be less than 2 weeks;
- the total number of vacation days (28) includes 20 working days and 8 days off, so it will not be possible to take the remaining 2 weeks as purely working days, ignoring weekends.
Please provide me with a portion of the annual paid leave for (*) calendar days from (*date*).
It is permissible to apply for even 1 day of vacation; this does not contradict the law. Ideally, the application is submitted 1-2 weeks in advance, at least three days in advance.
With subsequent dismissal
The right to use the remaining vacation before dismissal is prescribed in Labor Code Article 127. In this case, the last day of work will be the last day of vacation, and the employee will receive the payment the day before the start of the vacation.
Please provide me with another paid leave of (*) days from (*date*) followed by dismissal.
The applicant may be denied such leave, and in this case the days not taken off will be compensated with money.
Academic
The academic certificate is issued at the place of study, and not at the place of work.
To obtain academic leave, compelling reasons are needed (Federal Law No. 273 2012/29/12, Art. 34, Clause 12; Order of the Ministry of Education and Science No. 455 2013/13/06 + Appendix).
The permissible duration of academic leave is 2 years; the number of female academics during their studies is not limited.
The application is written in the name of the rector, and information about the applicant himself, in addition to his full name, includes information about him as a student/graduate student, and not as an employee (faculty, department, specialty, stream, group). Like all similar applications, the request for an academician is certified by the signature of the applicant and the date of submission of the application.
I ask you to grant me academic leave from * to * for [*reason*], which I confirm with the attached documents: ***
Documents that serve as grounds for granting leave are attached in original or photocopied form.
An internal order for an educational institution on granting leave is issued within one and a half weeks. At the end of the academic leave, the student is required to begin classes at the stage at which he was forced to suspend his studies.
Student
Study leave is provided for passing a session (interim certification), as well as for passing state exams and defending a diploma project (work).
During student leave, the production student retains the average salary at his place of service.
If study leave is requested for admission to a university or to undergo certification at the end of a preparatory course, then you can only count on retaining your place without paying for time away from work (TC Article 173).
Please provide me with study leave in connection with [*indicate certification category*] at [*name of university*] lasting (*) days from * to *. Help-call No. (***) is attached.
The number of days of study leave for each category of students is determined by Labor Code Article 173. A call to a session or state exams + diploma is required.
Maternity leave
An application for maternity leave is submitted after receiving sick leave at the antenatal clinic - immediately for the entire period, without breaking down into the prenatal and postpartum periods.
I ask you to grant me maternity leave from * to * based on sick leave No. (***).
A certificate of incapacity for work is attached.
If a woman actually goes “from maternity leave to maternity leave,” then, obviously, the amount of the calculation for the second sick leave will turn out to be catastrophically small.
In this case, she can submit a request to change the period for calculating the 2nd sick leave (Federal Law No. 255 2006/29/12).
Replacement of the calculation period is applied only (!) at the request of the employee and is not performed by default.
The application for a replacement is written in free form and submitted simultaneously with the main application for leave under the BiR.
The original sick leave must be attached to the application, so it is recommended to make several copies - they may be in demand in different authorities.
For child care
The application is drawn up for the entire period up to and including the child’s 3rd birthday, or for a period of up to 1.5 years, and then they submit a petition to extend the leave to 3 years.
The amounts of benefits during these vacation periods are different, but present (Presidential Decree No. 1110 1994/30/05, edition 2014/01/07; PP No. 1206 1994/03/11 edition 2014/24/12).
Please provide me with leave to care for my child *full name* of birth *date* until he reaches the age of (*) years from * to *.
I ask you to assign me a monthly care allowance and a monthly compensation payment.
A copy of the child's birth certificate *full name* is attached.
If the application is written before 1.5 years, then the second application (up to 3 years) is submitted in the same form, only the word “provide” in it must be replaced with “extend”.
Please note that the applicant’s return to work date must be the day following the child’s birthday or the day he turns 1.5 years old.
Not only moms can get maternity leave. In this case, the following must be attached to the application:
- a certificate that the mother does not use this type of leave (from her place of work);
- document confirming the applicant’s relationship with the child.
If the application does not indicate a request for payments, then “by default” they will not be assigned. To correct the situation, you will have to write an additional application.
Despite the application, care leave can be terminated at any time at the request of the applicant and written notification to management.
