Tip 1: What are the terms of granting leave
Tip 1: What are the terms of granting leave
As a general rule, any worker shouldbe provided every year. In this case, during the first year of work, leave may be granted after six months in accordance with the approved vacation schedule in the organization.
The terms of granting leave to employees of anycompanies, individual entrepreneurs, state bodies are established by the Labor Code of the Russian Federation. The general rule is to send an employee to rest every year. This takes into account not ordinary calendar years, but workers, the beginning and the end of which may differ for each employee, since it depends on the time of arrival in the organization. An exception to this rule is established for those employees who started working in the organization. The right to leave for such employees appears after a minimum of six months of work, which does not mean the employer's obligation to provide them with twenty-eight calendar days immediately, since the leave is still on schedule.
But with the dismissal of an employee who has worked in the company for six months, the employer will have to compensate him for all twenty-eight days of annual leave, since the right to it has already arisen.
What does the employer have to do with the leave?
Labor law establisheda certain procedure for sending an employee to leave. In particular, the company is obligated to notify the employee in writing two weeks before the start of the holiday. In this case, three days before the holiday itself, the employee must be paid for a future vacation. If the specified terms are violated, the employee may request the transfer of the leave for another period, and the organization must satisfy this request.Documented the direction of the employee on vacationmust be issued by order. It is with this document that the employee is most often introduced as a duty to warn about the upcoming vacation.
What should I do if my holiday is not fulfilled?
Leave to any employee is granted in time,established by law, but the specific period of rest is determined by the schedule of holidays. This document is mandatory not only for the employee, but also for the organization, so the employer has no right to violate it. If the schedule is not observed due to the fault of the employer, then the employee has every right to apply to the supervisory authorities. The employer can postpone the leave for the next year only with the consent of the employee, and in the next working year the missed leave must be provided. Money compensation can replace only the part that exceeds twenty-eight days.Tip 2: What is the maximum period of leave at own expense?
Maximum period of leave at own expenseis determined by the agreement of the employee and the employer. In some cases, the employer is required to grant such leave, so the maximum duration is established by labor law.
As a general rule, leave withoutremuneration is the right of the employer. In other words, in the absence of the consent of the head, the employee simply can not take advantage of the leave of this type. That is why the labor legislation does not determine the minimum and maximum duration of this type of rest time, leaving the resolution of this issue to the discretion of the parties to the employment contract. The Labor Code of the Russian Federation in Article 128 is limited to indicating the possibility of granting leave to an employee in the presence of valid reasons. The duration of this period is determined by the agreement of the parties. But there are certain categories of workers, as well as specific life circumstances, under which the law obliges to grant leave without payment at the request of the employee.
When does the law determine the maximum duration of leave?
Cases in which the employer must givetheir employees leave at their expense, are also listed in Article 128 of the Labor Code of the Russian Federation. Since in this case it is a question of duty, the legislation clearly establishes the maximum duration of such rest. So, the head is obliged to give extra rest without saving wages to old-age pensioners, parents and spouses of servicemen, ATS officers, other structures who died in the line of duty, disabled workers, veterans of the Great Patriotic War. For veterans, the maximum duration of such leave is thirty-five calendar days a year, for working pensioners - fourteen days, for relatives of servicemen and security forces - fourteen days, for disabled people - sixty days.Other cases of compulsory unpaid leave
Sometimes an employer is required togranting leave without payment of remuneration in the absence of a special status of the employee. In this case, there is an occurrence of a certain event in the life of the employee, which is associated with the need to participate in long-term activities. So, organizations are obliged to give leave at their own expense to those workers who have a child, a close relative dies, marriage is registered. In this case, the maximum duration of unpaid vacation is a five-day period.Tip 3: How to write a job offer
Job offer or Job-offer more oftenIt is used by large employers to attract specialists to key positions. Such a proposal can be made in the form of a regular letter or an official offer, by signing it, the potential employee agrees with the working conditions.
Instructions
1
Contact a potential employee by name. Your job offer will be more favorably received if it does not look like a template.
2
Introduce yourself and briefly tell us about the organization,which you represent. General phrases will be enough, write, from which year the company is represented on the market, in what sphere works, what place in the industry occupies.
3
Enter the exact title of the position you areoffer to borrow a potential employee, list the duties for the probation period (specify the time interval) and in the subsequent period. Note the frequency and duration of official business trips, if the post implies traveling on company business. Also write down the level of subordination of the employee so that he represents the hierarchical structure of your organization.
4
Tell the salary level that yourthe organization offers for the period of the probationary period and in the future with the successful passage of it. In addition to the level of income in this paragraph (paragraph), it is worth noting the terms of voluntary medical insurance, annual bonuses, bonuses for overfulfilment of the plan, the provision of leave, the provision of a company car, travel expenses and everything related to the financial side of the matter. If your company intends to invite an employee from another region, specify the conditions for providing corporate housing or renting an apartment.
5
Ask the addressee to notify you of acceptance orabout the refusal of the offer within the agreed time. If you are writing a letter in the form of an offer, note that it is sufficient for a potential employee to place his signature in the designated place. This will be enough to prepare an employment contract. Also write that if you have any questions or disagreements with individual positions, you are ready to discuss the disputed points in person.
6
Subscribe and indicate how you can contact you to resolve issues or appoint a meeting time.
Tip 4: What documents are issued for leave at their own expense
Leave without pay, although it does not keep wagesthe employee's fee, but ensures that the workplace is secured for him. Only with a proper documentary design can you prove that the employee has gone on a vacation of his own free will.
You will need
- - Employee's application for leave without pay;
- - Order on Form No. T-61;
- - personal card of the employee in the form №Т-2;
- - time sheet.
Instructions
1
Letting an employee on leave without pay isright, and not the duty of the employer. For this, the employee must have a valid reason. But for some categories of citizens the right to such leave is prescribed at any time. For example, for working pensioners, for students at the time of the session, the spouse of servicemen, participants of the Second World War and disabled people. The terms for granting leave for these categories are limited by law.
2
Regardless of whether such aleave in good circumstances, or in the manner prescribed by law, the employee must write an application for leave. The form of the application established by the legislation is absent, therefore it is made in the free form. It must necessarily contain the reasons that prompted the employee to issue leave (for example, family circumstances) or a reference to the Labor Code of the Russian Federation, which calls the employer to provide it. Also, the application must indicate the date of compilation, the duration of the leave and the personal signature of the employee. At the same time, the employer retains the right to recall the employee from vacation, and the employee can leave the vacation ahead of time.
3
If the application for leave wasis satisfied, the employer must fix this in the order under the unified form No.Т-61. With him you need to familiarize the employee with his personal signature. This holiday is also reflected in the employee's personal card in Form No. T-2. If the holiday exceeds 14 days, then it is not included in the insurance period; length of service entitling them to leave; and is also not taken into account when calculating the average earnings.
4
Information about the granted leave should beare reflected in the time sheet (according to the forms No. Т-12, Т-13). In litigation, this will serve as proof that the employee was on vacation on the consent of the employer and there were no absenteeism.
Tip 5: What documents are needed to take a study leave
To take a study leave, the employee mustto submit an application to the employer with the application of a certificate-call from the educational institution. Based on these documents, the organization issues an order and sends the employee on leave.
You will need
- Application for educational leave, certificate-call from the educational organization
Instructions
1
You can take a study leave on receipteducation with the simultaneous performance of duties under an employment contract. At the same time, education of the appropriate level should be received by the employee for the first time, and the educational program must be accredited by the state. In the absence of these conditions, the employer is not required to provide study leave.
2
An employee must write an application for severaldays before the planned date for the beginning of study leave. The application must state the specific grounds for granting leave in accordance with the language of the labor legislation providing for such a guarantee. The application must be signed personally before handing it over to the personnel department.
3
The application should be accompanied by a certificate-call forapproved form, which confirms the existence of the right to use educational leave. This certificate is issued in the educational organization, the dean's office is usually directly responsible for issuing the certificate.
4
A statement with the attached certificate should be submittedin the personnel department, receive a receipt from the responsible employee about the receipt of these documents. Labor legislation does not set specific deadlines for the submission of such documents, but it is recommended that they be collected and presented in advance, as the employer also requires certain actions.
5
After receiving the application, the employerexamines it and issues an order (unified form No. T-6a) to provide the employee with educational leave. On the basis of this order entries are made in the personal card of the employee, in the time sheet. This completes the procedure for preparing documents for the study leave.
6
For some school holidays forthe average earnings remain. The employer must pay such leave in the general procedure, that is, not later than three days before it starts. But the performance of this obligation on the part of the organization is possible only if the employee submits the application in advance and the certificate is provided.
7
The length of the study leavedepends on its type, the basis on which it is provided. The specific duration is indicated in the certificate-call, since only the educational organization can report on the timing of the certification, the protection of the thesis and other events.
