LawRegulatory Compliance

Application for leave at own expense: sample. Learn how to properly issue an application for your account

In order to properly formulate an application for a vacation at your own expense, it is better to have a sample at hand, because an accidentally committed mistake in the future can play a cruel joke.

Legal grounds

Any employee has the right to apply to the management of the enterprise for a short-term leave. This right is confirmed by law. In life, often there are unforeseen situations, when a person needs to settle certain issues. But, being in the workplace, problems can not be solved, and absence without the appropriate permission can lead to dismissal. In this situation, Article 128 of the Labor Code provides for the employee's right to apply to the employer with such a request. He just needs to apply for leave at his own expense, a sample of which can be taken in the personnel department. Then the document will need to be signed by the immediate superiors and transferred to the head of the enterprise for signature. After this simple procedure, an employee can safely not go to work and do his own business. In the report card he will have a corresponding mark, and the absence will be on quite legitimate grounds. In addition, it must be borne in mind that this is unpaid leave. These days for the employee only the workplace is saved, so this holiday is also called "without pay".

Good reasons

However, it is worthwhile to know that a vacation of this kind is not always available. By itself, it is an agreement between the parties. In this situation, the manager has the right to decide whether the reason for the future absence of the employee is serious or should be refused. The main reasons are usually listed in the collective agreement. In other cases, the issue is decided at the discretion of the management. Making a request for leave at your own expense, a sample can be taken only as a basis. The rest of the information is added to the discretion of the employee. Usually I do not cause problems for employees to apply for leave in connection with the marriage, the birth of a child or the death of close relatives. In these cases collective agreements usually provide for the possibility of absence in the workplace for up to five calendar days. But the occasions are different. In other situations, an application for leave at his own expense is also written. The sample in these cases is supplemented with more specific information. Sometimes the worker prefers the true reason to state in a personal conversation.

Legal terms

As you know, absolutely any employee can take leave at his own expense. However, its duration during the year should not be more than 14 calendar days. They, in principle, can be taken immediately, or every month to apply to the authorities. If the reason is respectful, then there will not be superfluous questions. But there are certain categories of citizens who can at any time at their discretion. These include: fathers or single mothers with children under 14 years old, as well as parents who raise 3 or more children up to 14 children or disabled children under the age of 18 years. The state is meeting such people and giving them the opportunity to receive such leave without clarifying the reasons, simply for family reasons.

This also applies to working disabled people and close relatives (wives (husbands) or parents) of servicemen who died or were injured during military service. The state also comes to meet those who combine work with study in higher or secondary special institutions. They can take this leave for the period of the session or at the time of passing the entrance examinations.

Next vacation in parts

Each employee has the right to receive paid annual leave during the year . This right is recorded in Chapter 19 of the LC RF. Its duration, subject to Article 115, is 28 calendar days. But sometimes it happens that a person needs only a couple of days to solve their problems, and vacation without pay for a year is already used in full. How to act in this situation?

The Labor Code provides for the possibility of granting basic leave piecemeal. Article 125 states that the basic annual leave may be granted to the employee as a whole or divided into parts. And it must be remembered that one of them must necessarily be 14 calendar days (not less). In the rest, the issue is resolved in coordination with the management. If the administration of the enterprise finds it possible, the employee will have to write an application on the account of the next vacation and take the number of days that he needs. But this is decided only by the head. He has every right to agree with the arguments of the employee or to give him without any explanation.

Voluntary desire of the employee

Sometimes there are situations when the company's management forcefully forces employees to leave for unpaid leave. This need is sometimes explained by the lack of funds from the enterprise or by the low demand for manufactured products. The company prefers to save money on wages, rather than working "in the warehouse." The desire is understandable, but all arguments of this kind are groundless and illegal.

If an enterprise can not provide its employees with work, then it is obliged to pay them a forced simple, and not to demand free to go on vacation. It must be clearly remembered that the employee must write the application for leave at his own expense (without payment) on his own initiative, and not under the compulsion of management. It must be his personal desire, not the caprice of his superiors. In such a situation, workers can apply to the Labor Inspectorate or to the city authorities to restore order and restore justice. However, in this case they risk after the anger of the authorities in general to lose their jobs. Perhaps, therefore, with the tacit consent of the collectives of some enterprises massively go on vacations without saving wages and with hope await the end of their forced rest.

Application form

Every employee at least once for all his work took vacation "without payment." Life is full of surprises, it is impossible to foresee everything. It is not at all difficult to write a proper application for a holiday at your own expense. The pattern looks like this:

  1. The application is written in the name of the head of the enterprise. In the upper right corner of the blank page the name is indicated. And the post, and just below the requisites of the employee himself.
  2. The word "statement" is written down the center.
  3. Further from the red line is a statement of the request indicating the number of days and reasons. Usually in the application they write "for family reasons". If the reason is documented, then the word "application" is written down slightly and all the attached forms are listed.
  4. The document ends with a personal signature of the employee and the date of drafting the application.

After that, it remains to receive only all the necessary resolutions and wait for the issuance of an appropriate order. After that, the application becomes legal.

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