Unpaid leave is granted to an employee, regardless of the organization's vacation schedule, without taking into account seniority, at the request of the employee, but at the discretion of the employer.
It is necessary
- - employee statement;
- - order in the form of T-6.
In order to issue an employee without pay, you need to receive a written application from him. On your own initiative, you, as an employer, are not entitled to send an employee on such leave.
On the basis of the application, an order is drawn up in accordance with the unified form No. T-6 "Order (order) on granting leave to an employee". It indicates the type of vacation, the date of its start and end, the duration in calendar days. The application may be accompanied by supporting documents for obtaining leave (certificate of death, birth certificate of a child, etc.).
It is necessary to familiarize the employee with the order under the signature. And also make the appropriate mark in the personal card.
An employee has the right to terminate unpaid leave at any time and go to work. During unpaid leave, an employee cannot be fired on your initiative. The vacation time is counted in the continuous and work experience, but if the maximum number of vacation days prescribed in the legislation is not exceeded. Those. if the employee has been on vacation at his own expense for more than 14 days during the year, then the period is excluded from the length of service.
You have the right to refuse an employee an unpaid leave if the reasons do not correspond to those prescribed by law or collective agreement.