How to take a leave without content?

Everyone knows that a worker is entitled to paid vacation once a year. But, unfortunately, circumstances often force people to take unpaid leave without content. As a rule, employees are unwilling to do this. Who likes sitting without pay?

In some areas, for example, trade or construction, the peak of working activity falls on certain periods or seasons - for example, on New Year holidays. It is unlikely that the management will be happy if one of the employees is going to have a rest during this period. Can the authorities refuse to leave without content?

Yes maybe. According to Article 128 of the Labor Code of the Russian Federation, an employee will be able to leave without leave, if required by family or other valid circumstances. But at the same time, the law does not clearly stipulate what circumstances can be called valid. So the management, if desired, may refuse to pay unpaid leave, citing the fact that there are no valid reasons for it. What can you find a way out? We need to negotiate. You can not just write an application and leave, leaving it from the head - this can rightly be counted as a truancy and dismissed with an appropriate entry in the workbook. In turn, the employee, with a refusal to leave without content, can file an application for dismissal - which is much worse for any company during the emergency work.

True, there are a number of categories of employees, to whom the authorities can not refuse leave without content.

These include:

1. Employees who have requested leave in connection with the registration of marriage, the death of a close relative or the birth of a child - no more than five days.
2. Workers with disabilities.
3. Spouses and parents of servicemen who received injuries, concussion or died while performing military service, or who received a disease during the period of military service, which led to death or disability.
4. Employees-retired, retired in old age and continuing to work.
5. Invalids of war.
6. War veterans.
7. Residents of the besieged Leningrad, awarded the appropriate sign.
8. Persons entering higher education institutions.
9. Heroes of the USSR and Russia.
10. Persons combining work and study.
11. Members of election commissions and candidates for election - until the end of elections.
12. People who work part-time.
13. Civil and municipal employees.
14. Heroes Social. Labor and full cavaliers of the Order of Labor Glory.
15. Working in the conditions of the Far North and equated localities people.
16. Spouses of military men.

For all of these categories of employees, superiors are required to provide leave without pay. The vacation period is determined individually in each case. For example, war invalids can rest at their own expense for 60 days, persons who work part-time are entitled to a period exceeding the leave for basic work, and persons entering universities - 15 calendar days. Of course, vacation arrangements with the authorities can be as a couple of days, and several months without restrictions. Exception - municipal and civil servants can not take leave without maintenance for more than a year.

Above, cases were considered when taking leave on the content at the initiative of the employee. Unfortunately, especially during crisis periods and days of downtime, business leaders send unpaid leave to their employees, thereby directly violating the law. Whatever the difficulties of the enterprise, management does not have the right to send employees without maintenance.

Do not forget that leave without content on the initiative of the employee, lasting more than 2 weeks, is not included in the calculation period for calculating paid vacation. Simply put, you can not walk without content a year and then also go on a paid vacation.