Early exit from annual leave. Early retirement at your own expense

Sometimes life circumstances arise that force a woman to return to service ahead of schedule. Early exit from maternity leave has its own subtleties and nuances. On the one hand, the employer is obliged to provide the worker with an abandoned place. On the other hand, the administration of the enterprise resists the fulfillment of the requirements of the Labor Code (LC) of the Russian Federation.

Can I go to work early?

The concept of "decree" in the aggregate includes two separate periods:

1. Maternity leave (Maternity leave).
2. Caring for a child up to the age of three (UzR).

The legislation does not prohibit a woman in labor (or another member of the family) from interrupting each of them. In this case, the obligation of the employer is fixed:

• return the woman to her position;
• not interfere with the resumption of the prescribed rest associated with the care of children.

Reference: Article 256 of the Labor Code contains provisions allowing citizens to use the time according to UzR at their own discretion:

• fully;
• parts.

There are no provisions in the law prohibiting early exit from the decree. Therefore, the decision must be made by the mother. And management has no right to prevent her from returning to work.

However, both situations give rise to essentially different problems:

1. When interrupting sick leave, the employer is obliged to return unused funds to the Social Insurance Fund (FSS). But the money is paid to the woman in labor immediately for the entire period. It is impossible to collect them from the employee without her consent. A legal conflict arises, from which each enterprise emerges in its own way.
2. If a citizen wishes to interrupt the vacation in UzR, then it is necessary:
   • dismiss an employee who temporarily took his place;
   • prepare for the fact that the employee can resume the due rest (this possibility remains until the child reaches the age of three);
   • provide favorable conditions for the performance of duties:
     • part-time;
     • flexible schedule.

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What are the consequences for the worker

A woman interrupting a vacation also faces a number of problems. Some are financial in nature:

1. If the employee returns to active labor activity full-time, you will lose the right to receive benefits. However, it can be issued by dad or another family member who actually looks after the baby.
2. There is another option in which payments will remain, but the level of wages will decrease. This is what happens if mom works:
   • part-time;
   • at home (if available).
3. When interrupting the sick leave, you will have to resolve the issue with the money received from it. They have no right to force them back. But he will try to get a statement from the woman in labor about the voluntary refusal of part of the funds received.

Tip: Some companies include a clause in the collective agreement that regulates the financial relationship between the woman and the management in the event of interruption of temporary disability.

Algorithm for registration of exit to service

The Labor Code of the Russian Federation contains the right of a citizen to return to work. At the same time, there are no indications in the regulations on the timing of notifying the management of such a desire. Therefore, theoretically, the procedure looks like this:

1. The worker writes a statement, indicating in it the date of entry into the service. Documents can be submitted the day before. But this will cause certain difficulties.
2. The administration is doing the following:
   • for the preparation of free space;
   • on the provision of another, with an incomplete regime of work;
   • on the termination of legal payments (if necessary):
     • up to one and a half years;
     • compensation up to three years.

Tip: time will help to avoid a natural conflict with the administration. It is advisable to inform the management of the desire to return to work at least a week before the expected date.

Do you need on the subject? and our lawyers will contact you shortly.

What to write in the application

The basis for granting a previously abandoned position is the application of the employee. There is no separate form for it in by-laws. So, you can make paper at your discretion.

It is covered by general rules writing job applications. Namely:

1. The address is indicated in the header:
   • position according to constitutive documents (for example, "To the Director of OOO" Lamb "");
   • surname in full, initials;
   • applicant data (full name);
2. The name of the paper is written in the middle: "Statement";
3. The text indicates (leave the fields):
   • notification of a desire to return to work;
   • expected release date;
   • type of leave received earlier;
   • desired mode of work;
   • a request to stop payments (if necessary);
4. Signature and date.

Tip: you need to ask the personnel officer if the company can arrange part-time or at home.

Personnel activities

The employee's application is submitted for the signature of the head. This is a formality. No one can forbid a return to work. This is considered a gross violation of the current legislation. The head puts his visa and sends an application to the personnel service.

Hint: if the boss resists, the personnel officer must explain to him regulatory requirements. The question is relevant for individual entrepreneurs employing hired labor.

Based on the application of a woman, a personnel order. It must include the following provisions:

1. Consent to interrupt a specific type of vacation;
2. The position to which the employee will return;
3. Date:
   • the last day of rest;
   • the first working day;
4. Operating mode;
5. Payment amount;
6. Instruction to the accountant on the termination of previously assigned payments (if necessary).

Attention: it is necessary to familiarize the employee with the order under the signature.

Reference: an order is not considered valid if it does not have:

1. manager's signature;
2. registration details:
   • dates
   • ordinal number.

Dismissing a temporary employee

The return of a woman to the service leads to consequences for other workers. So, the person who takes her place should be relieved of duty. This is also documented by the personnel order:

1. An employee can be fired, as he was accepted temporarily. The basis is an order to reinstate a former worker at work.
2. A temporary employee may be offered another position, if any. Moreover, he should be employed on the basis of the current situation:
   • constantly;
   • again temporarily.

Hint: in work book temporary employee, part 2 of article 77 of the Labor Code is indicated. It describes the termination of an employment relationship due to the expiration of the contract.

Some features of HR management

A woman can ask for a part-time job or home work. This is only possible if there are such positions in the staffing of the company. If not, there are two options:

1. Refuse the applicant to provide a different work schedule. However, it should be offered to her the former workplace.
2. Make changes to staffing. This can be done if the director wants to meet the employee halfway.

Important: the absence of positions with special conditions in the structure of the enterprise cannot be a reason for dismissing a maternity leave.

If the employee is provided with a special working regime, then it is necessary to draw up an addition to her employment contract. The woman is required to sign the document. He, along with the order, is filed in a personal file. And in the T-2 form, records are made of the changes that have occurred.

What to do if the boss refuses to provide a job

Sometimes the employer violates the established rules. At the same time, the legislation provides workers with the opportunity to protect themselves from arbitrariness. You can take the following steps:

• write a complaint to the state agency for labor protection;
• apply to the prosecutor's office;
• file a claim in court.

Reference: the possibility of judicial protection by an employee of their interests is contained in articles 356, 392 of the Labor Code, 22 of the Civil Procedure Code of the Russian Federation.

To confirm the illegal actions of the management, it is necessary:

1. Have a second copy of the application for interruption of rest;
2. Request a copy:
   • applications with a management resolution;
   • order, if it has been issued.

Tip: you can not agree to the offer to quit at will. If one is signed, it will be difficult to prove the correctness of the employee. Download for viewing and printing:

Summarize

Leave associated with the birth of a baby or caring for him can be interrupted at the initiative of the worker:

1. The employer is prohibited from:
   • initiate the return of the employee to the performance of duties;
   • refuse to satisfy her desire.
2. Returning to work leads to certain consequences:
   • termination of payment of benefits if the obligations are fulfilled in full;
   • lower wages for part-time work.
3. Registration of the exit from the vacation is carried out by the personnel officer:
   • issued by order;
   • you may need to draw up an additional agreement to the employment contract.
4. A return to work results in the dismissal of the temporary employee.
5. At the same time, another family member, regardless of the degree of kinship, can take parental leave. He is granted the same rights:
   • receive benefits due by law;

In the event of a production need, the employer may recall the employee from vacation. This is stated in Art. 125 of the Labor Code of the Russian Federation. Recall of an employee from vacation is allowed only with his consent. The employee can dispose of the rest of the vacation at his own discretion, since it remains unused. Either the rest of the leave is provided to the employee at his request at a time convenient for him during the current working year, or he joins the leave for the next working year.
The recall of an employee from annual paid leave is documented by an order (instruction) of the employer. At the same time, the regulatory legal acts do not establish the form in which the employee's consent to be recalled from vacation must be expressed. In practice, the consent of the employee to be recalled from vacation can be formalized by his application. As well as an order to recall an employee may contain a separate paragraph providing for the signature of the employee that he agrees with the recall.
In addition, at the choice of the employee, it is necessary to determine the time when he will be provided with the unused part of the vacation, about which the appropriate information should be entered in the vacation schedule.
When recalling from vacation, certain difficulties arise with payment for the “non-vacation” part of the vacation. This means the following: Before going on vacation, the employee is paid vacation pay for the entire period. In the future, the employee is recalled from vacation, in connection with which a vacation period is formed that is still “not taken off”, but on account of which vacation pay has already been paid. By the way, a similar situation is possible if an employee falls ill while on vacation, and later part of the vacation was postponed to a later time.
In labor relations, there is time for rest (including regular leave), as well as work time. Moreover, the next vacation is paid to the employee based on the average earnings. While the employee is paid wages for working hours. Please note: the Labor Code of the Russian Federation does not provide for payment of working hours based on average earnings, as well as in the amount wages for the actual period worked at the same time.
Therefore, for the period worked by the employee (which is also part of the "unfinished" vacation, previously paid based on average earnings), the employee is entitled to only wages. At the same time, when resolving the issue of overpaid vacation pay for the “unfinished” part of the vacation, the consent of the employee will be required. The fact is that they cannot be withheld from the salary, since Article 137 of the Labor Code of the Russian Federation does not contain such a basis for deduction. A similar position was privately expressed by the chief state labor inspector on legal issues of the State Labor Inspectorate in Moscow, M.Yu. Malyugoy in an interview with Accounting. Taxes. Law” (No. 33, 2004). Therefore, the employer will not be able to forcibly return the vacation pay issued to the employee.
In practice, in agreement with the employee, vacation pay paid for the “not taken off” part of the vacation can be:
returned by the employee in full or in parts to the cashier;
withheld in full or in parts from the next payroll (It should be remembered: according to Article 138 of the Labor Code of the Russian Federation, the total amount of all deductions for each payment of wages cannot exceed 20 percent);
credited as an advance against future salaries.
The selected option is usually indicated in the order to recall the employee from next vacation with which the employee must be familiarized against signature.
For your information: it is forbidden to recall certain categories of employees from vacation, namely:
- employees under the age of 18;
- pregnant women;
- workers employed in work with harmful and dangerous working conditions.
An exemplary form of an order for recall from vacation is given in Appendix 2.
Attachment 1.
(Alpha LLC)
Order No. 13/k dated June 30, 2008
On the postponement of the vacation to another time

Postpone the term of the annual paid leave (part of the annual paid leave lasting 7 (seven) calendar days) of the seller Ekaterina Ivanovna Simenova to another time: from the period from 01.07.08 to 07.07.08 to the period from 01.08.08 to 07.08.08.
Chief Accountant Olga Sergeevna Aksenova to make changes in the vacation schedule in accordance with this order.

Familiarized with the order:
(signature) full name date of notification
(signature) full name date of notification
Appendix 2
Alpha Limited Liability Company
(Alpha LLC)
Order No. 14/k dated June 30, 2008
About recalling an employee from vacation
and making changes to the vacation schedule
Due to production needs, I order:
Recall the seller Simenova Ekaterina Ivanovna from the next paid vacation from 01.07.08.
Transfer the unused part of the annual paid leave of 7 (seven) calendar days to another time: from the period from 01.07.08. until 07.07.08. for the period from 01.09.08. until 07.09.08.
Previously paid to the seller E. Simenova and vacation pay are subject to recalculation. Amounts attributable to the unused part of the vacation are subject to offset as an advance payment against the next salary.
Chief Accountant Olga Sergeevna Aksenova to make changes to the vacation schedule in accordance with this Order, as well as to make the recalculation specified in paragraph 3 of this Order.
General Director ___ Andreev ___ Andreev A.A. June 30, 2008
(signature) full name date of notification
Familiarized with the order:
Seller ___ Simenova ___ Simenova E.I. June 30, 2008
(signature) full name date of notification
Chief Accountant ___ Aksenova____ Aksenova O.S. June 30, 2008
(signature) full name date of notification
Published on Audit-it.ru: July 22, 2008

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Question

Can a pregnant employee, on her own initiative, leave early annual leave? If so, what is the procedure for issuing this output?

Answer

Regardless of whether the employee is pregnant or not, she can leave the annual leave ahead of schedule, but only with the consent of the employer.

Unauthorized withdrawal from vacation is a disciplinary offense, since it violates the vacation schedule established in the organization (Articles 123, 192 of the Labor Code of the Russian Federation). At the same time, if the employer agrees with the employee's early exit from vacation, such interruption of vacation is possible (Article 124 of the Labor Code of the Russian Federation).

To do this, the employee needs to submit an application in any form, on the basis of which the employer will issue an order on early termination holidays. In addition, changes in the dates of the granted leave must be reflected in the employee's personal card in the "Vacations" section and in the vacation schedule.

The rationale for this position is given below in the materials of "Systems Lawyer" , "Personnel Systems".

Reasons for the recall.

In what cases can an employee be recalled from annual leave.

An employer may recall an employee from annual leave an unlimited number of times, provided that:

• the employee is not subject to the ban on recall (part 2 of article 125 of the Labor Code of the Russian Federation);
• the employee himself agrees to the review.

For example, such a need may arise if:

• an inventory is taking place in the organization and the presence of a materially responsible person is mandatory;
• the organization is undergoing an on-site audit of the tax or labor inspectorate, during which the chief accountant and head of the personnel department must be at the workplace;
• the organization has problems in the computer network and requires the participation of a system administrator, etc.

Attention: an employee can only be recalled from annual basic or additional leave. This revocation does not apply to unpaid leave, study leave, parental leave and other types of leave.*

Repeat review.

Question from practice: Can an employee be recalled from vacation two or more times during the working year

Yes, you can.

Labor legislation does not set limits on the number of recalls from annual leave. The main thing is to observe three conditions:

• the employee is not subject to a recall ban;
• the employee agrees to the review;
• the employee will be granted unused vacation days: in the current working year or as an extreme exception - no later than the next working year, together with a new vacation or separately.

This procedure follows from the provisions of parts 2 and 3 of Article 125 of the Labor Code of the Russian Federation.

Feedback ban.

Which employees are prohibited and cannot be recalled from annual leave.

It is forbidden to withdraw from vacation even with consent:

• employees under the age of 18;
• pregnant women;
• employees engaged in work with harmful and dangerous working conditions.

Such rules are established in part 3 of article 125 of the Labor Code of the Russian Federation. *

Feedback Consent

Is it obligatory for the employer to obtain the consent of the employee to recall from annual leave.

A prerequisite for issuing a recall from vacation, in addition to the absence of a direct ban on recall, is the consent of the employee to return to work. If the employee does not agree to the recall, interrupting the vacation only at the initiative of the employer is prohibited. This follows from Part 2 of Article 125 of the Labor Code of the Russian Federation.

Attention: An employee's refusal to take leave cannot be grounds for bringing him to disciplinary liability.

Question from practice: how to issue an employee's consent to a recall from annual leave

The labor legislation does not directly spell out how to issue the consent of an employee to a recall from vacation. To protect yourself from the claims of the inspectors and disputes with the employee, if he suddenly changes his mind later, issue the employee’s consent to start work in writing in one of the following ways:

• in the form of a notice to an employee in any form. For example, with the wording “I notify of my consent to terminate my annual leave ahead of schedule and go to work on such and such a date”;
• in the form of an employee’s mark on the order for recall from vacation: “I agree to a recall from vacation.”

Question from practice: whether you have to wait when an employee uses 14 days of annual leave to withdraw it. The employee has already used vacation twice: in the amount of seven and three days. He agrees with the earlier review.

No no need.

The Labor Code of the Russian Federation does not establish a minimum vacation period, after which an employee can be recalled. At the same time, recall from vacation requires the consent of the employee (part 2 of article 125 of the Labor Code of the Russian Federation). If there is such consent, it is not necessary to wait until the employee uses 14 days.

A similar approach is maintained if the employee, in agreement with the employer, divides the vacation into parts, and he is withdrawn from that part of the vacation, the duration of which is 14 or more days (part 1 of article 125 of the Labor Code of the Russian Federation). In this case, there is no violation, since the employer has complied with the obligation to provide part of the vacation for at least the duration established by law. In addition, such a recall does not apply to established cases of a ban on recall from vacation (part 3 of article 125 of the Labor Code of the Russian Federation).

Refusal to leave.

Question from practice: can an employee be disciplined for refusing to take annual leave

No you can not.

A prerequisite for issuing a recall from vacation is the consent of the employee to return to work. If the employee does not agree to the recall, it is prohibited to interrupt the vacation. This follows from Part 2 of Article 125 of the Labor Code of the Russian Federation.

Thus, the refusal of an employee to go to work is not a violation of labor discipline, which means that he cannot be held disciplinary liable for such a refusal. This is also indicated by the Plenum of the Supreme Court of the Russian Federation in paragraph 37 of the decision of March 17, 2004 No. 2.

Question from practice: Is it possible to recall an employee from vacation without pay

No you can not.

An employee can only be recalled from the next annual paid vacation. Therefore, the procedure for revocation provided for in the legislation in relation to leave at one's own expense does not apply. This follows from the provisions of Article 125 of the Labor Code of the Russian Federation.

A similar prohibition applies to study and other types of leave.*

Advice: if necessary, interrupt the vacation at his own expense employment contract can agree on the issue of its early termination. However, regardless of the reason why the employer needed to terminate the vacation ahead of schedule, without the consent of the employee to do this in unilaterally will not work.

Documenting.

What documents need to be issued when recalling an employee from annual leave.

If the employee has agreed to a recall from annual leave, then the employer needs to issue a recall order. There is no standard form. Compose it in any form.

Reflect information about the recall of an employee from vacation and the transfer of unused days to another time in the vacation schedule (instructions approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1) and the employee’s personal card. *

Reimbursement of leave.

How to compensate for the rest of the vacation from which the employee was recalled.

When recalling, the employee needs to compensate for the part of the vacation that remained unused. In this case, the employee can choose:

• use this part of the vacation at any time convenient for him in the current year;
• add the unused part of the vacation to the next year's vacation.

This is stated in part 2 of article 125 of the Labor Code of the Russian Federation. This is also pointed out by the courts, see, for example, the appeal ruling of the Saratov Regional Court dated July 26, 2012 No. 33-4222/2012. The employee must return part of the vacation pay for unused vacation days.

Attention: if the employer does not provide unused vacation days in the future, this will be a violation of the rights of the employee and labor law. For such actions provided.

Holiday return.

Question from practice: how to apply for a vacation pay refund when an employee is recalled from annual leave

Vacation pay for the entire annual leave is paid to the employee three days before the start of the vacation, that is, before it turns out that the employee will return to work ahead of schedule. This is stated in part 9 of article 136 of the Labor Code of the Russian Federation.

The employee must return part of the vacation pay for unused vacation days.

The organization cannot withhold excessively paid vacation pay on its own initiative. In article 137 of the Labor Code of the Russian Federation, there is no such basis for withholding.

Therefore, an organization can only:

• agree with the employee that he will return the money to the cashier;
• issue overpaid vacation pay as an advance against future salary;
• withhold overpaid vacation pay from the employee's salary on his initiative based on the relevant application.

In any case, the employee must agree to the return (retention).

Write down the procedure for withholding the overpaid amount of vacation pay in the order for recall from vacation.

Often, the head of the enterprise turns to employees who are on vacation with a request to start work due to emergency circumstances or for other reasons.

The employee needs to know in which cases he can refuse such an order, and in which he cannot, and what threatens him with refusal in any situation. Leave, according to Art. 106 of the Labor Code of the Russian Federation, this is the time for exemption from official duties and inability to engage in overtime work.

Regulation under the Labor Code of the Russian Federation

At present, there are frequent cases of insistent calls on vacationing employees to return to the office not with a request, but with the threat of an administrative penalty or dismissal. In this situation, the employer is not right, but due to the “human factor” or because of the unwillingness to conflict with the management, most vacationers return to their jobs without taking days off on schedule. All the more so, very often such appeals are associated with emergency work or production needs.

According to Art. 125 part 2 of the Labor Code, recall workers and employees from vacations allowed only if necessary. Therefore, you should know what circumstances fall into this category.

The employer does not have the right to unreasonably inform the employee about interrupting his vacation and calling him to work. The main condition prescribed in Art. 125 part 2 of the Labor Code, it is considered employee's consent. This means that he must accept an independent desire to go to work. If there is no such intention and no arguments are valid, the administration has no right to impose any sanctions against him.

Even in the event of an industrial accident or catastrophe, which is recognized as overtime work, the manager cannot force the employee to leave the vacation without his consent.

Leaders sometimes promise a monetary reward for the forced interruption of the prescribed rest, but, according to Art. 126 TK, you should not do this.

You can learn all the details of this procedure from the following video:

Categories of persons to whom the revocation does not apply

According to the same article of the Russian Labor Code No. 125, there is a category of working citizens to whom the director of the enterprise does not even have the right to offer to leave the vacation ahead of schedule. These are employees under the age of 18, pregnant women employed in harmful production workers.

Thus, there are some categories of working persons who are prohibited from interrupting their vacation.

Early exit at the initiative of the employee

There is a practice of going on vacation at one's own expense without pay. Sometimes employees ask to return to work in a couple of weeks, when another person temporarily works in their place. How should a leader behave in such a situation? The desires of both the employer and the employee should not run counter to the production objectives.

The cases of providing such rest are stipulated in the Labor Code of the Russian Federation and the operating organization:

• Art. 128 part 1: unpaid leave is granted for family reasons and other valid reasons. When registering, managers take into account the wishes of employees, but are not required to provide it with strict observance of dates and deadlines. On agreement or disagreement, the head puts a resolution and certifies it with a signature on the statement of the subordinate.
• In Art. 128 part 1 of the Labor Code of the Russian Federation also states that the duration of such a rest can be changed on the basis of a full mutual agreement between the head and the vacationer. An employee does not have the right to arbitrarily leave the leave to work, as well as leave the workplace without prior notice to the management.

For early exit from annual paid leave, the employee must write a written application. If the request is satisfied, unused vacation days are added to the next vacation of the next year or used as time off during the current year. ahead of schedule by agreement with the management, any type of vacation can be interrupted. The application can be written in any form indicating the reason for leaving the job. It is advisable to indicate the dates and dates for the use of the remaining vacation days.

Early return to work is allowed after the signature of the application by the head and the issuance of an order by the personnel department on the employee's exit from rest. The employee must familiarize himself with the document, sign it, and only after that you can begin to perform official duties. In some cases, the manager has the right to refuse early exit.

Registration procedure

If the employee received an order to leave the vacation and does not mind doing so, the consent must be in writing. This can be either a statement from an employee, or an order from a manager in the form of an order. At the end there should be a visa “I agree with the call from vacation”, next to it is the date and signature of the employee.

The procedure for registration in the Labor Code is not regulated, the deadlines are not specified. Therefore, an order for early exit can be issued on the day the employee appears at the workplace.

According to Articles 124 and 125 of the Labor Code, in the order for recall due to operational necessity, there must be a clause indicating the period for using non-vacation days at a convenient time for the employee during the current year. Unused days may be included in the next rest period.

If the employee does not agree with the time of the next vacation proposed by the employer, the administration must take this into account. You can demand the replacement of part of the days with monetary compensation. To do this, you need to write an appropriate application.

Vacation pay recalculation

In practice, when using more than 14 vacation days, the remaining ones are usually added to the next regular planned vacation of the next year.

If its duration exceeds the standard period of 28 days, they usually agree to pay a cash bonus to the salary for unused days. The employee in the application indicates the preferred option. As a rule, in practice, they do without the recalculation of vacation pay.

Can an employee be fired for refusal?

The refusal of an employee to interrupt a well-deserved rest cannot be considered either as a violation of labor discipline, or as absenteeism, or as ignoring work duties. There are no grounds for disciplinary action or dismissal.

Some organizations equate an employee's absence from work, including from a planned vacation at the request of the manager, to absenteeism. This point can even be registered in the Charter. Therefore, when taking up any position at a new enterprise, you need to carefully read its documents. Although, according to paragraph 37 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004, the employee has the right not to comply with the directors' orders while on vacation. No rush is not a reason for such a review. Therefore, a dismissal order can be considered in court.

The employee asked to be allowed to go on vacation without pay for two months (he was going to make repairs). Leave granted. After being on vacation for exactly two weeks, he suddenly decided to go to work. He says the repair didn't go well. But what are we to do now? Here, all the work in the department was already planned out, and it was temporarily assigned to another person. I don't want to change anything. Is it possible in such a situation to legal grounds to refuse an employee early exit from vacation, because his term was negotiated in advance?

From this article you will learn:

• what are the features of granting leave without pay
• Can an employee take early leave without pay?
• whether it is necessary to exclude the vacation period "at one's own expense" from the billing period when calculating average earnings
• what documents are issued upon early exit from vacation "at your own expense"

And your employee is not a mistake: I want - I work, I want - I have a rest. That's just manufacturing process, as we all know, does not stand still, so the desires of both the employee and the manager should not run counter to the work performed. Let's try to figure out who is right in this situation?

An employer cannot, on its own initiative, send an employee on leave without pay. Such leave is granted only at the request of the employee himself.

At the same time, in some cases, the employer, having received an application from the employee, is not entitled to refuse the latter to leave “at his own expense”, while in others he is not obliged to provide it.

The cases of mandatory granting of leave are expressly stipulated in Labor Code RF (hereinafter referred to as the Labor Code of the Russian Federation) and other federal laws. They can also be established by a collective agreement in force in the organization.

More detailed explanation see in the video:

YOU SHOULD KNOW THIS

The time spent on leave without pay is not included in the period of probation established upon employment (part 7), as well as within a month from the date of detection of a disciplinary offense, during which a disciplinary sanction may be applied (part 3)

Of course, it is possible that the employee wishes to return to work earlier than the scheduled date. And this is possible, but on condition that the employer does not mind and agrees to change the vacation period. Under such circumstances, an employee who is on unpaid leave must apply to the employer with a new application, but not for granting leave, but, on the contrary, for its early termination. The employer, who agrees to satisfy the request of the employee, puts the appropriate resolution on the application.

And here the question arises: what to do with the order to grant leave to an employee, issued in accordance with the unified form No. T-6, which indicates a different number of calendar days of vacation and a different end date? We believe that this order does not need to be canceled, but it is necessary to issue a new one - on the early exit of the employee from vacation without pay. A unified form for such an order is not provided, therefore it is drawn up in an arbitrary form.

Summary

An employee is not entitled, on his own initiative, to leave the vacation ahead of schedule without pay. Since all the conditions for granting such leave were agreed upon by the parties, a change in such conditions is possible only by agreement of the parties.

Well, if the employer is not ready to satisfy the request of the employee, then, apparently, the employee will have to wait until his vacation comes to an end. A month, a half, or how much did he ask for initially?