Many people of retirement age continue to work to ensure a decent standard of living. But not everyone knows about their rights. For example, everyone knows about the availability of paid leave. It is put to all those who continue to work, as it is fixed in law. Working pensioners are granted leave without pay. This period may be required to solve family problems, recovery, relaxation. The rules for its design are described in the article.
Norms of law
Each person, no matter what position he holds, may ask the management to appoint additional leave without pay. For example, due to family circumstances, health status, important events. Article 128 of the Labor Code of the Russian Federation with comments includes nuances. When is this right not satisfied? What to do if the employee is not included in the list of those to whom it is due?
In Russia, well-deserved rest for women begins at 55, and for men at 60. Since that time, they are considered pensioners. In addition to monthly compensation, they are provided with various benefits. Is a working pensioner entitled to leave without maintenance? This right is legal. Rest is provided upon request at the time specified in the law.
It should be borne in mind that not all of this period is counted as seniority, but only 14 days, taking into account weekends and holidays. Unpaid days exceeding 2 weeks are missed when calculating the length of service, which is legal.
Retirement Rights
According to Art. 126 of the Labor Code of the Russian Federation, the provision of leave without maintenance to working pensioners can be replaced by payments. For example, with a sum of unused annual holidays, a period of more than 28 days may appear. Everything from above is paid by law. Other benefits are provided to working pensioners:
- An employer cannot refuse employment to a pensioner.
- An elderly person can quit without working 2 weeks.
- Supervisors usually value older workers because of their extensive experience. Therefore, this category of workers is rarely reduced.
Leave without salary for working pensioners is an additional advantage that no employer can refuse. Therefore, older workers can safely take advantage of this benefit, having issued an additional period for traveling, traveling to a sanatorium or relaxing at home.
Who is provided and how much?
In the Labor Code of the Russian Federation categories of citizens are indicated, as well as the terms for granting vacations to working people. The schedule contains codes, for example, “17” and “OZ”. How long is a vacation without salary for working pensioners? By law, the following rules apply:
- Working people with a certificate issued by the RF PF are given 14 additional days, annually.
- Labor veterans and working retirees can get additional days off, which are offered in the regions, as well as on a common basis.
- Veterans of military operations, retired workers, bearing the sign "Resident of the besieged Leningrad", are entitled to at least 35 days per year of additional leave without maintenance.
- Disabled pensioners receive 60 days.
- Those working in the fire service get a 10-day weekend.
- Heroes of the USSR, RF, Labor can rest 3 weeks a year.
Thus, an additional vacation can be issued to anyone who falls into this category.
additional information
But the above groups are not the only ones who can get an additional vacation period without compensation. You should familiarize yourself with the nuances of providing such a weekend:
- Pensioners are persons who, by law, have reached a certain age. They must have a certificate providing the right to receive benefits.
- Former military personnel who are paid after years of service can receive a weekend out of turn only when they reach retirement age.
- Pensioners employed in the Far North can get an extra weekend, which takes them from the place of work to the destination.
- Spouses of those who work in retirement are entitled to additional leave.
It also happens that employers themselves offer employees a similar vacation. Often the list of benefits is much larger. Therefore, such information must be recognized at the place of work.
Decor
Leave without salary for working pensioners under the Labor Code of the Russian Federation can be issued during the working year. There are no marks in the law that in order to receive such a benefit, some experience at one place of work is required. It turns out that the right can be used at any time. But keep in mind that immediately after employment, it will be difficult to do.
Terms
According to Art. 128 of the Labor Code of the Russian Federation, leave is granted only on the conditions specified in the law. If a pensioner fell ill during this period, then the registration of a regular sick leave for him will be unavailable. Upon receipt of paid rest, the sick leave is extended for the entire period of the disease, if you provide supporting certificates.
Leave without salary for working pensioners can only be granted for a good reason. Usually, in a statement, employees indicate treatment, rest, family circumstances. These are the most common causes, but there may be others.
A senior citizen should write a statement. Moreover, he should have a desire to receive such a benefit. Paper is fed to the personnel department. In h. 2 Article 128 of the Labor Code of the Russian Federation indicated mandatory. Therefore, the response of the employer does not have an important role.
The procedure and procedure for registration
Leave without maintenance for working pensioners begins with the submission of an application to the personnel department. It is drawn up in free form, written by hand or on a computer. The main thing is that all important information be clearly indicated. If you do not specify the deadlines, then an application for leave without pay may be invalidated. The sample will allow you to correctly compose it.
After accepting the document, an order is issued. The paper is signed by the leader and the person who decided to rest. On the terms of vacation, a mark is entered on the labor time recording card and on the employee’s card with the T-2 index.
Writing a statement
A sample application for leave without pay will allow you to correctly compile it. You need to write it on sheet A4. It is necessary to indicate the full name and position of the chief, the name of the organization, the full name and position of the employee.
The heading indicates "Application." A summary of the reason for the leave should be provided. The date of its beginning and duration must be indicated in the application. At the end you need to put a number and a signature. No other information is required. The sample is usually located in the personnel department.
Features and nuances
If the employee wrote a statement, the employer cannot refuse to grant him rest. This advantage is not replaced by compensation or carry over to the next year. Many believe that the employer can call an employee from vacation, but this is not entirely true. According to Art. 125 of the Labor Code of the Russian Federation, this rule applies to employees on regular leave. But for pensioners, this rule is not valid.
To start your duties earlier, you must write a statement, and then the rest of the rest can be used at the end of the year. The dismissal of a working pensioner who is on unpaid leave is likely only in exceptional cases. For example, when an enterprise is liquidated or an entrepreneur ceases to operate.
Comments
In Art. 128 of the Labor Code of the Russian Federation says about the legal regulation of vacations without saving salaries. The duration of rest is established on the basis of an agreement between the employee and the employer. This period is not taken into account in seniority. But the employee retains a place of work.
Refusal to receive leave cannot be given:
- Participants in the war - up to 35 days.
- Employed retirees - up to 14.
- Employed disabled people - up to 60.
- Parents and spouses of the military who died in the service - up to 14.
The federal law and local documents may contain other categories of employees who may be granted such leave. For example, employees taking exams at universities receive up to 15 days.
This vacation cannot be carried over to the next year. It is provided to the workers of the Far North, working part-time, to the heroes of the USSR and the Russian Federation. When on vacation, an employee has the right to go to work if he notifies the boss in writing.
Thus, vacation at your own expense is fully regulated by law, like any other type of vacation. It is important to remember all the rules so that there is no cheating on the part of the employer. Pensioners can safely take advantage of all the benefits established by law.