basic legislative act, which regulates the relationship between employer and employee in the Russian Federation, is the Labor Code of the said country.In accordance with Article 107 of this document, and every able-bodied working person has the right to rest, a type of which is considered to be a vacation - a certain period of time during which the employee is exempt from fulfilling their duties.The legislation provides for the following classification of the holidays:
- primary and secondary.
- Annual paid and unpaid leave.
- Maternity, childcare, or leave, which is provided in connection with the training of workers (for example, by correspondence at the University).
- short, elongated.
in the course of employment may encounter unforeseen legislation such concept as administrative leave.This term refers more to the conversational style of speech.In accordance with the legal right to administrative leave - a leave without pay, that is completely unpaid.This vacation "at his own expense" has certain nuances and peculiarities.
For cases in which an employer can provide administrative leave?For example, for a good reason, or for family reasons (weddings, anniversaries, funerals, etc.).The employer has the right to refuse to grant such leave to the employee, because it is not his duty.In this case, you should not talk about the legislation of the relationship between the employee and his supervisor, but rather about the relationship between people.
Statement on administrative leave, on the basis of which the decision on granting or refusing it, is fed directly to the head of the organization or its authorized representative.The duration of this vacation negotiated individually, depending on the occasion.
In case of refusal to grant unpaid leave for a good reason, the employee is entitled to go to court.Such incidents occur, as a rule, rarely as "justifiable" reason he commends the employer, the legislation has not even indicative list of such reasons.In that case, if the employer refused to grant administrative leave to the employee, and the despite the decision of the leadership did not come to the workplace, his act is a violation of labor discipline and entails certain consequences.Such a person may be subjected to disciplinary measures.
employer must provide the employee on administrative leave their organization in the event that one:
- Retired (size holiday in this case ranges from 1 to 14 days).
- wife (husband) or parents of soldiers killed (injured who were disabled) as a result of the performance of their official duties (14 days per year).
- Invalid (60 days per year).
Every employee is entitled to five more administrative leave for the birth of a child, death of a close relative, his own marriage.He vacation is good that many employers provide it more readily than provided for by the legislation annual leave.
At the same time the employee who decides to take a vacation at his own expense, as a rule, tends to end as soon as possible related to this case and get back to doing their duties.Conducted on administrative leave days are not paid
.Benefits in this case are not available.
