If an employee takes time off from work. What to do if you are not allowed to go on legal leave? What to say to take time off from work

The employer does not want to fire me in an amicable way. It’s scary that it’s only according to the article. I can't work there another day. I’m thinking about not going out on Monday, let him fire me - at least somehow. But how can I then get a job after being accused of absenteeism? Is it difficult?

Elena

How to resign on your own

The employer has absolutely no right to keep you in the company if you wrote a statement asking to dismiss you at your own request. According to Article 80 of the Labor Code, you can terminate your employment contract at any time.

The mechanism for such dismissal is quite simple. It consists of three successive steps: warning the employer of your intention with a written statement, working for fourteen days following the day of filing this application, receiving a work book and cash payment.

By the way, keep the following in mind. If during this two-week period you change your mind about resigning of your own free will, you have every right to withdraw your application. With some exceptions, when another person has already been hired to take your place. Although, most likely, this is not your case.

What if they don’t let you go?

Of course, there are all sorts of situations. And under various pretexts you can be detained and even blackmailed with dismissal under the article. What to do in this case?

How to “rip out” a work book

Having done everything as the experts advise, you can completely calmly not go back to your previous place in two weeks. But what to do if a harmful employer, under any pretext, does not want to give you your work? And without it, it’s difficult to get a new job.

You can first warn the employer that you are going to apply there. Many of them are afraid of inspections that will follow from the Labor Inspectorate or the prosecutor's office. After all, if they start checking, they check everything they can, and not just what is directly related to your complaint.

Why do you need problems?

After being fired for absenteeism, you may have serious problems with further employment. Although they do not have the right not to hire you due to dismissal under such an article, suspicions will still arise.

Of course, much will also depend on the loyalty of the employer and on how urgently the company now needs a specialist in your profile. But they will still take note of you and begin to treat you somewhat biasedly.

Some people even specifically say that they lost their work book - just so as not to show this article. In addition, they do not mention at all either in their resume or during an interview about that unsuccessful place of work for them, so that the employer does not call there.

Therefore, you need to fight to the last and try to avoid black spots in your work history. After all, you will probably regret it later.

Lyubov Mishchenko

Irina Davydova

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Have you come to work, but are not in a working mood at all? Look at the amount of work that needs to be done, but your thoughts fly away from the workplace, somewhere into fragrant nature, where the leaves of the trees rustle with inspiration and birds sing, or somewhere in a warm corner of your home, where you want to relax in peace or just Do you want to watch your favorite team's match on TV?

There is an exit - find good reasons to leave work early .

Often, management does not welcome spontaneous leaving work early, as well as being late for work. Therefore, so that the boss does not have unnecessary questions, need to find convincing reasons to take time off from work.

You can immediately exclude reasons such as lack of sleep, overwork, absent-mindedness from the list of weighty arguments, but here:

1. Unbearable toothache is a weighty argument. You can make a martyr face and say that the pills are not helping and you need to urgently visit the dentist.
2. Real estate issues . Preparing documents for the purchase, sale or exchange of an apartment, house or other real estate is quite suitable for leaving work early.
3. Family matters . The child has his first matinee in kindergarten, a parent-teacher meeting or the first bell at school, as well as health problems for your family - for such reasons, the boss will definitely allow you to leave work early.
4. Everyday problems . You have been flooded by your neighbors or you have flooded someone, the lock on the front door does not work, and you are waiting for emergency services - reasons why you may not come to work at all, unless, of course, you notify your superiors in time.
5. Transport. If you have a personal car, then taking time off from work will not be difficult for you. After all, the car can stall halfway, break down, or simply sit in a traffic jam for an unlimited time. Another option for a plausible “excuse” from a day of work for a non-superstitious person could be stealing a car. In this case, you tell the boss that you will be at the police station all day, so you will not come to work today.
6. Exams passage. This, of course, is a weighty argument, but after assessing your knowledge at a university or driving school, you will have to present your boss with a document that will confirm your presence there and not at the workplace.
7. Visiting official bodies. For example, you urgently need to get to the passport office, gas service or water utility. This will serve as a decent option for taking time off from work.
8. Blood donation– another argument thanks to which you can take time off from work for the whole day. According to our legislation, a donor is entitled to two paid days after donating blood. But no one will do your work for you. Therefore, you can say that you are going to donate blood to a friend who needs your blood type, but literally the next day you will definitely be at your workplace.
9. Visit to the hospital. You can go up to your boss and say that you feel pain in your chest, that you haven’t had a fluorography done for a long time, that you suspect tuberculosis or pneumonia, and to dispel all doubts you need to take a day off from work and have a chest x-ray done.
10. Meeting of relatives. Sometimes it happens that relatives whom you have not seen for a long time come to visit. You need to meet them from the train or plane - they won’t be able to do without you, and for you this is an opportunity to leave work early.

If you don’t want to look for any reasons to take time off from work, but you really want to take a break from everyday work, then write without any explanation or imaginary reasons application for one day without pay . The boss will let you go in any case, and you will rest and get down to work with renewed vigor.

At each new place you have to learn anew how to take time off from work. This is due to the specifics of the existing labor relations in the organization. If one employer constantly monitors the presence of employees and introduces electronic passes, then another may have relaxations in this regard. So, sometimes no one notices the absence of a colleague for one day. But the first type of strict leaders is more common. This is no joke; you have to resort to all sorts of tricks in order to legally win another day for your needs.

Several legal methods

The easiest way to take time off from work is to promise to work the missed hours. However, it is also the most difficult; you will have to work on weekends, and also on holidays. Often, bosses give their employees earned time off to use for emergencies. After all, unforeseen events always happen in life, when you need to see a doctor or fill out documents, pick up your child from kindergarten or school early.

The very form of how to take time off from work is important. You can write a statement, but it’s better when there are arguments that cannot be disputed. An employer cannot keep an employee in place in the following cases:

• Application at your own expense. The employee has the right to write it in connection with unforeseen family circumstances or life events: wedding, funeral, birth of a baby.
• Sick leave for your own or for child care.
• Many employers have a positive attitude towards the socially significant actions of their subordinates.
• Going as a witness or accused to the judicial authorities.

Decor

The method of taking time off from work doesn’t matter, the main thing is to formalize everything. Even if the time off is taken verbally, it is recommended to write a statement to protect the employer and yourself. It must be formatted in a standard form for reporting purposes.

More often, under normal circumstances, it is destroyed upon returning to work, but if an employee is checked or commits an illegal act on the side at this time, the manager will not be held liable.

How to take time off from work if there are no days off? Then you can go to donate blood at collection points. The day of delivery, if it is a working day, is a day off. Plus, another one is added for restoration, which the donor can take at a time convenient for him. If you do a good deed on your day off, you can legally get two days off, paid according to average earnings.

Without payment

You can apply for time off at your own expense at any time, subject to agreement with the employer. There will be no payment for missed days, but the backlog of cases can be resolved. Similarly, maintaining the average daily earnings will not follow if you want to visit a court, especially as an accused.

When leaving, no documentary evidence of what was said is required. If such a request comes from the manager, then this is simply a check for lice. In other words, the veracity of receiving the necessary time off is established. You don’t have to do it, but you can still leave.

Documentary confirmation is required only for the days for which the employee would like to receive. You can present:

• Sick leave.
• Donor certificates.
• Summons to court, military registration and enlistment office.
• A certificate from the registry office confirming only the wedding date. According to the law, 3 days off are given for the ceremony.

Also, overtime hours worked can legally be replaced with compensation in the form of time off.

Ways to leave early

The main reasons to take an hour or two off work are to be on time for kindergarten or school, to submit documents to government agencies, or to return a book to the library. It is important to note that any methods always work if this happens infrequently. It is convenient to come up with a beautiful and, most importantly, life situation in which the leader can also find himself.

So, it’s easy to take time off to help your wife, 139 kilometers from the city, or the reasons for taking time off from work can be the following:

• A small child is scared alone at home.
• Help elderly parents around the house.
• Make it to the closing store, tax office, administration, insurance.
• Repair a suddenly burst pipe in the bathroom.
• Pick up the car from the impound lot.
• Attend a sports championship: chess, volleyball, football, tennis.
• Attend an interview for a new job.

However, the last option is not the most successful and is unlikely to please the manager, but humor often helps than truthful excuses about helping the old lady next door buy bread. These tips will help you figure out how to take an hour or two off work. Everything will depend on the character development of the employee and the manager.

They learn to take time off from work back in school, when they are looking for ways to sneak out of class for the sake of the coveted football game on the street. We do the same in adult life, with the only difference that we have to write a statement. Taking time off from work is not difficult for talkative people. For those who do not know how to persuade, you can use the methods listed above.

Irreplaceable position

There are types of professions for which it is simply impossible to replace a person. These include pilots, captains, resuscitators and other more significant jobs. The circumstances are completely different there. But if the employer simply does not want to let the subordinate go, then you can give him the appropriate arguments.

For non-payment for a missed day, he can pay out of his own pocket through the labor inspectorate or the court. Here, of course, the relationship will be ruined, but there are times when there is no other choice but to spoil the relationship with management. These include illness of a child or spouse, school graduation, problems in kindergarten.

It is important that the manager is warned in advance. He must prepare a replacement during the absence of the main employee.

Nuances of time off

First of all, the employee himself needs to apply for time off; It’s better if there are two of them; it’s worth picking up with the manager’s signature. In the event of an emergency or inspection, such a measure will protect against serious punishment, including dismissal. Let's say, in the absence of the main employee, material assets worth a large amount went missing. Then the analysis of the incident with a criminal investigation will begin. This is where the treasured piece of paper comes in handy.

It will save you from endless questions, financial punishment for leaving a place without the knowledge of management, etc. An unscrupulous manager will always try to cover his back by destroying the only evidence of his guilt. The application must describe in detail the reason for leaving, the exact time and date, as well as with the permission of which employee of the company this is happening, his position and decoding.

The application is written to the head of the department, but each enterprise has its own established form of document flow. Employers often practice giving time off as vacation. As a last resort, you can use this right.

Sample application:

On the right side is the full name of the manager in whose name the application is being written and his position. Below you write your position and full name.

The word “Statement” is written in the middle below. The following text is written in the line below: “Please provide the desired date and time. You must sign and put the date of writing the application.

Most workers work five days a week for eight hours. And it’s no wonder that they physically don’t have time to go to the clinic, housing office, or their child’s school - after all, the opening hours of these institutions are almost the same. I don’t really want to take a whole day off because of a parent-teacher conference; most often, employees simply ask to take time off from work. In this regard, the employer has many questions: what to do with payment for absence time, how to take it into account, whether it needs to be formalized, etc. Read the article and you will find answers to these and some other questions.

Indeed, “asking for leave” from work is not uncommon. Mostly, employees ask to be released for a couple of hours or half a day. Sometimes, of course, they ask for more time—a day or even two.

Let us say right away that this situation is not regulated either by the Labor Code or by any other acts containing labor law norms. Therefore, the solution to the issue of registering and paying for the absence of an employee who has asked to take time off depends on various circumstances.

If an employee asks to take an hour or two off

If you need a couple of hours during working hours, you need a corresponding application from the employee addressed to the head of the organization. You will say: why multiply pieces of paper, because you can verbally inform your immediate supervisor and that’s it? We believe that an application is still required. If the manager agrees, the corresponding visa, the manager’s signature and the date are affixed on it. In this case, the employee will be sure that his absence will not be regarded as a violation of labor discipline, and the employer will know that the employee was absent. There is no need to issue an order.

For your information

Absenteeism is considered absence from the workplace without good reason during the entire working day (shift), regardless of its duration, as well as more than four hours in a row during the working day (shift).

Judicial practice also speaks about the need for an application. So, the employee was fired for absenteeism. Not agreeing, he filed a lawsuit for reinstatement, citing the fact that he took time off from work from the director. The court, examining the case materials, did not find confirmation of this fact, since the employee did not contact the employer with any written statements about the need for absence, for example, about granting leave without pay. Accordingly, the dismissal was recognized as legal (Appeal ruling of the Krasnoyarsk Regional Court dated September 19, 2016 in case No. 33-12406/2016).

Please note that absence upon application must be recorded in the time sheet, because the employer is obliged to keep accurate records of the working time worked by each employee. The period of absence is taken into account when calculating the employee’s salary.

If an employee takes time off for the whole day

• leave without pay;
• annual paid vacation;
• time off

Let's consider these options.

Leave without pay

As can be seen from the wording of the norm, the provision of such leave is a right, not an obligation, and if the employer considers the reason unjustified, he can deny the employee unpaid leave. At the same time, you need to remember that there are categories of employees to whom the employer does not have the right to refuse this. In particular, based on a written application, the employer is obliged to provide the following leave:

• for working old-age pensioners (by age) - up to 14 calendar days per year;
• for working disabled people - up to 60 calendar days per year;
• employees in cases of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days;
• in other cases provided for by the Labor Code of the Russian Federation, other federal laws or a collective agreement.

So, such a vacation is arranged as follows:

1. The employee writes a statement addressed to the head of the organization, indicating the date of leave and the reasons why it is required. If the application is written for several hours, you need to indicate specific hours.
2. The manager marks the visa application as “Agreed” or “I do not object”, and in case of refusal to grant leave - “Refuse”.
3. If the head of the company agrees:
   • an order is issued to grant leave without pay (the employee must be familiarized with such an order and signed);
   • a personal card is filled out (form T-2) - it is necessary to keep records of the number of days of unpaid leave, since the length of service for the provision of annual paid leave depends on this;
   • a time sheet is filled out.

Annual paid vacation

note

The vacation schedule is approved no later than two weeks before the new year, taking into account the opinion of the elected body of the primary trade union organization.

At the same time, nothing prevents the provision of annual leave outside the schedule if the employee and the employer have agreed on this. We add that, as a general rule, vacation can be divided into parts, one of which is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). But the remaining part can be used as the employee and employer agree. Therefore, providing one day of annual paid leave is completely legal.

To apply for annual leave for one day (if the employer agrees), you need to:

1. Receive a statement from the employee indicating the specific desired day.
2. Issue an order granting annual leave.
3. Make appropriate notes on the time sheet.

Therefore, providing one day of annual leave is convenient if the employee knows in advance that he needs to leave on such and such a date. However, in most cases, employees ask for time off spontaneously when certain circumstances arise.

Time off

Labor legislation provides for several cases when an employer must provide an employee with a day off for working outside of working hours. (We present them in the form of a diagram on page .)

The procedure for applying for time off is as follows: the employee writes an application requesting a day of rest indicating the reasons, for example, for overtime work or working on a day off. (Donors must attach a certificate to the application confirming the fact of donating blood.) Based on such an application, an order is issued, which must be familiarized to the employee against signature.

Of course, you need to make notes on your timesheet:
— additional days off without pay are indicated by the letter code “НВ” or the digital code “28”;
- day of rest for donor employees - letter code “OV” or digital “27” (additional paid day off).

If an employee systematically asks for time off

There are workers who constantly need somewhere. Such employees may be allowed to work part-time. Article 93 of the Labor Code of the Russian Federation allows the introduction of this mode of work by agreement between the employee and the employer when hiring or in the course of work.

Payment for part-time work is made in proportion to the time worked or depending on the volume of work performed. Moreover, work under such conditions does not entail any restrictions on the duration of the annual basic paid leave, calculation of length of service and other labor rights.

To establish part-time working hours, you must:

1. Conclude an additional agreement to the employment contract, which specifies the specific start and end times of work, the length of the working week and the period for which part-time work is established. This document is signed by both parties to the labor relationship.
2. Issue an order to introduce part-time work for a specific employee, indicating the reasons for this decision.

So, if employees occasionally take time off during working hours for personal matters, this must be documented, at least with an application with a management visa confirming permission to leave. If they ask for a day or two off, other options are possible - taking leave, paid or unpaid. If the employee periodically requests time off, for example, every Tuesday and Friday for a certain number of hours, it may be worth considering introducing a part-time working regime for him.

Hello, Alexander!
I'm quitting my job. She submitted a letter of resignation of her own free will on December 13, 2006 in two copies. Both copies were endorsed by my immediate superior and the secretary of the managing director of our company. One copy remained in my hands, the second - with the secretary, and subsequently went to the managing director. Having quarreled a little, the managing director wrote on the application: dismiss from December 27, 2006 in accordance with the obligations. He wrote the commitment at the bottom of the statement. Then he tried to force him to sign the obligations he indicated. I refused. Having achieved nothing, the director left me behind. Now I am on sick leave until December 23, 2006, but I know that the application has not yet been transferred to the personnel department. The processing of my dismissal has not begun.
In this regard, I have several questions: is my sick leave considered time off? From what day can I officially not go to work? From 12/27/06? Or do I need to go to work on December 27, 2006? Where can I turn if my work book is not issued to me? After all, for me, only an entry in the work book is confirmation that I was officially fired? Can the managing director fire me by making an entry in the work book not at his own request, but for some other reason?
Thank you in advance!
Best regards, Ekaterina.

The easiest way to leave work, even if they don’t let you go, is this. But it is better for Orthodox people to first try all other possible ways

Firstly, sick leave is considered “working off”, since according to Article 183 of the Labor Code, in the event of temporary disability, the employer pays the employee temporary disability benefits. That is, in case of illness, sick leave is issued, since the employee is temporarily disabled, and the employer pays him benefits. Accordingly, during your illness you are still considered an employee, and the legal entity in which you work is an employer represented by, for example, the general director.

Secondly, on the basis of Art. 80 of the Labor Code, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by the Labor Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.
By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.
In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms of labor law, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.
Upon expiration of the notice period for dismissal, the employee has the right to stop working.
If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.
According to Art. 84.1 of the Labor Code, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with the Labor Code or other federal law, retained his place of work (position). Thus, from the above it follows that November 27, 2006 will be the day of your dismissal.
All employees who have entered into an employment contract, regardless of its duration, have the right to terminate this contract. However, in cases where the employment contract is concluded for a period of up to two months (with employees engaged in temporary work) or up to six months (with seasonal workers), the employer must be notified in writing by the relevant employees three calendar days in advance (Articles 292 and 296 TK).
If the employee’s submitted application for resignation at his own request does not indicate the expected date of dismissal, the employer must clarify with the employee his intentions in this regard, since he is not authorized to determine this date at his own discretion and dismiss the employee after the expiration of a corresponding two-week or three-day period after filing the application. . In cases where the employee’s application for voluntary resignation is due to the impossibility of continuing work for valid reasons, the administration must terminate the employment contract within the period requested by the employee. Let me explain that you had to indicate the date of your proposed dismissal, and since you actually did not do this, as follows from your question, the employer should have clarified the date with you, and not put it down without your consent. But I recommend in this case not to focus on this, but to take it “on board” so that later, when leaving another job, you can put the date of dismissal on the application.
It should be noted that valid reasons for voluntary dismissal include, in particular:
- transfer of a wife or husband to work in another area, sending a husband or wife to work or to serve abroad, moving to the place of residence of the husband or wife;
- moving to another area in the order of organizational recruitment of workers, agricultural relocation, public conscription, as well as in other cases when, in accordance with decisions of the Government of the Russian Federation, the administration is obliged to freely release workers to work at enterprises (organizations, institutions) of certain sectors of the national economy;
- an illness that prevents you from continuing to work or live in a given area (according to a medical report issued in the prescribed manner);
— the need to care for sick family members (if there is a medical certificate) or disabled people of group I;
— election to positions filled by competition;
— enrollment in a higher, specialized secondary or other educational institution, graduate school or clinical residency;
— violation by the administration of labor legislation, a collective or labor agreement, changes in working conditions;
- voluntary dismissal of disabled people, old-age pensioners, pregnant women and mothers with children under 8 years of age;
- dismissal of workers and employees who have three or more dependent children under 16 (for students - 18) years.

Thirdly, on the day of termination of the employment contract, i.e. on the day of dismissal, you must “come to work” and the employer is obliged to issue you (the employee) a work book and make a settlement with you in accordance with Art. 140 TK. Upon your written application, the employer is also obliged to provide you with duly certified copies of work-related documents.
If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.
Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s request (Article 84.1 of the Labor Code). A delay in issuing a work book due to the fault of the employer is an offense and entails compensation for damages incurred in connection with this to the employee. Therefore, if there is a delay in issuing your work book, you have the right to appeal to the court. However, as an Orthodox lawyer, I advise you to resolve issues peacefully.

Fourthly, termination of the employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction) (Article 84.1 of the Labor Code). Thus, not only an entry in the work book, but also a dismissal order can be confirmation for you that you have been “officially fired.”

Fifthly, in accordance with Art. 84.1 of the Labor Code, an entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of the Labor Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of the Labor Code or other federal law, i.e. To dismiss you “for any other reason” you need wording precisely prescribed by the legislator.

If you have any other questions related to legal issues, please write to the editor.

Best regards, A. Morozov