Get the employee to apply for leave without content (he is on leave without pay).Such a statement is required to be written at the request of the worker, but, in any case, not your compulsion.Such behavior on the part of the head is illegal.
To avoid problems, eliminate the possibility of storing written proposals to the administration of staff about leaving for vacation without content .Article 128 of the Labor Code says that the administrative leave, in most cases, associated with the family (personal) reasons.Therefore, a model for the application for leave without content not needed: request describes an employee in any form with a specific base or reason.It is desirable that attached to the application any documents confirming the reason, b
ut the document was specified duration of the holiday.
application must be considered an employee's immediate superior, the head of the company in the future is to summarize it: "In the personnel department for registration."Then you can easily make out the documents and send an employee on administrative leave, that is, without pay.
In addition, the Labour Code restricts the categories of employees who may be on leave without pay content .Therefore, carefully read the 128, 173, 174, 263, 286 articles of the Labour Code to ensure that the officer that you are going to go on vacation without pay to belong to these categories.Do not issue orders on leave without content for a unit of employees or the entire staff of the enterprise.For example, the phrase "send an administrative leave of employees of the production department" would indicate a clear violation of workers' rights.
Tip 2: How to send an employee on leave without pay
During its activity the company for various reasons, can get into a crisis situation.Discussing ways to save costs, you can make a decision about sending "unnecessary workers" on leave without pay.Keep in mind that the employer can not on its own initiative to send a vacation.To do this, the statement officer.
negotiations with employees, explain the situation to him, which turned out to be the company.Politely ask them to apply for a leave of absence without pay.Agree to the terms and employee base on leave.This statement is necessary to specify the cause of an individual nature, for example in connection with the employee's family circumstances .
Arrange personnel orders for employee leave without pay.In the line "basis of the order" when drafting the statement should refer to the employee.Let the employee acquainted with the order, date and your signature.
Arrange a simple fault of the employer with the right of employees not to come to work if employees are not persuaded to write an application for leave.Make and sign the order to the enterprise easy.In the order, you must specify the reasons for downtime and the date of its beginning and end.Familiarize employees with the order by hand.Downtime captured in time sheet, noting the appropriate symbol.The period of inactivity caused by the employer, you will have to pay to the employee in the amount of 2/3 of average earnings.
If you are not sure how long the situation at the enterprise, in order to simply specify the approximate date of the end of the idle and then make a supplemental order.
If you can prove that a simple occurred for reasons beyond the control of any of the employee , either from the employer, and to prove it in the order, then downtime Pay employee m $ 2 /3 of their salary or wage rate.
If you manage to persuade the employees to write an application for leave without pay, they can appeal in court the validity of such leave.In this case, the organization is obliged to pay them during these holidays, in accordance with Article 157 of the Labour Code, a plus for the violation of labor law labor inspectorate may involve the organization in the administrative responsibility.
- How to apply and pay for a simple enterprise
Remember that an employee who retired on leave without pay, shall have the right to terminate it at anytime and return to work, after notifying the employer of this fact.Payroll is carried out according to standard procedure.
statement + + on vacation without content, the sample release + without content, release + content without the labor code
- sample application leave without