The main legislative act that regulates the relationship between employer and employee in the Russian Federation is the Labor Code of the specified country. In accordance with Article 107 of this document, each capable and working person has the right to rest, one of the types of which is considered to be vacation - a certain period of time during which the employee is relieved of his duties. The legislation provides for the following classification of holidays:
- Primary and secondary.
- Annual paid and leave without maintenance.
- Maternity leave, childcare, or leave, which is provided in connection with the training of the employee (for example, in absentia at the university).
- Short-term, extended.
In the process of labor activity, one may encounter such a concept as is not provided for by legislation, as administrative leave. This term refers more to the colloquial style of speech. In accordance with legal law, administrative leave is leave without pay, that is, completely unpaid. Such a vacation "at one’s expense" has certain nuances and features.
So in what cases can an employer grant administrative leave? For example, for good reason or for family reasons (wedding, anniversary, funeral, etc.). The employer has the right to refuse to grant such leave to his employee, as this is not his duty. In this case, one should not speak about the relations established between the legislation between the employee and his manager, but rather about the relations between people.
An application for administrative leave, on the basis of which a decision is made on its granting or refusal, is submitted directly to the head of the organization or his authorized person. The duration of such rest is negotiated individually, depending on the occasion.
In case of refusal to provide unpaid leave for good reason, the employee has the right to appeal to the court. Such incidents are, as a rule, extremely rare, since the employer himself evaluates the “respectability” of the occasion, the legislation does not even have a rough list of such reasons. In the event that the employer refused to grant administrative leave to his employee, and despite the decision of the management he did not appear at the workplace, his act is considered as a violation of labor discipline and entails certain consequences. Such a person may be disciplined.
An employer must provide administrative leave to an employee of his organization if he:
- Senior citizen (the amount of vacation in this case varies from 1 to 14 calendar days).
- The wife (husband), or the parent of the soldier who died (injured, became disabled) as a result of the performance of his duties (14 days a year).
- Disabled person (60 days a year).
Each employee has the right to five-day or more administrative leave in the event of the birth of a child, the death of a close relative, or his own marriage. It is good vacation because many employers provide it more willingly than annual leave stipulated by law.
At the same time, an employee who decides to take rest at his own expense, as a rule, seeks to finish the business related to this as soon as possible and return to the performance of his duties. Days spent on administrative leave are not
are paid. Benefits are not provided in this case.