Order on excommunication from the workplace. How to take time off from work correctly: reasons, advice, application

How to take time off from work: reasons

The need to go somewhere during working hours can arise regardless of a person’s attitude towards work, and there are many reasons for this. In these situations, an application for time off is written indicating the reasons proving the need for it. A number of them are recognized as respectful even at the legislative level, but most often this issue is decided by the employer.

Valid reasons for taking time off from work

The manager will not be able to prohibit an employee from leaving the workplace if:

In this case, all the above reasons must be confirmed, that is, when taking time off from work, the employee is obliged to provide the manager with the relevant supporting documents: a certificate of incapacity for work, a summons, a certificate from the management company, etc.

In addition, the Russian Labor Code contains other grounds for providing additional days of rest. Thus, in accordance with Articles 152 and 153 of the Labor Code of the Russian Federation, an employee who worked overtime or on a weekend or holiday has the right to demand that monetary compensation be replaced with time off.

Other reasons for taking time off from work. Where can I get a sample application for time off?

How to take time off from work if the reason for this is not included in the list of a priori recognized as valid? In this case, the result largely depends on the relationship with the employer and the nature of the work itself (for example, in continuous production this can be extremely difficult).

However, there is still a way out: you need to write a reasoned application for time off, in which you should describe in as much detail as possible the circumstances that caused the need for absence from the workplace. You can always download the required sample application for time off on our or any other specialized website.

As a rule, managers are cooperative if the reason for leaving work is related to a small child (for example, temporary cessation of the work of child care institutions, parent-teacher conferences, etc.).

Most likely, they will be released from work if there is a need to visit government agencies (to register property rights, apply for a marriage or, on the contrary, divorce, etc.).

How to write an application for time off for previously worked time to provide time off

In this case, it makes sense to write an application for time off even when the boss does not insist on it. This will completely eliminate the possibility of punishment for absenteeism, the severity of the punishment for which, according to labor legislation, varies from reprimand to dismissal.

Therefore, the question of how to take time off from work, so as not to receive penalties for absence from work, has only one answer: obtaining the verbal consent of the manager with the obligatory submission of a written application - only in this way, if the outcome is unfavorable, will it be possible to prove timely notification of the employer of the intention to leave workplace.

So, what is the correct way to ask for time off from work in writing? There is no sample application of this type, but there are still several generally accepted rules for its preparation:

1. The addressee is indicated in accordance with the standards adopted in a particular organization. In some companies, such documents are usually addressed to the immediate superior, in others - to the first manager. It is better to clarify this before starting to write an application.
2. Drawing up an application in two copies (one of them with the manager’s visa must remain with the applicant).
3. If there are attached documents, a link to this in the text of the application. For example, when requesting time off for a routine visit to a medical facility, you must include a doctor's order or an extract from your outpatient record.
4. Indicate in the application the date and time (period) of absence from the workplace. In the future, this will eliminate misunderstandings related to deductions from wages.

How to ask for time off if your boss is against it

Managers who have a negative attitude towards the absence of employees from the workplace can be understood. But it happens that circumstances develop in such a way that this is really necessary, but the boss persists. In this case, you can use some tricks.

The safest reason from the point of view of labor legislation is donation. Donating blood is an absolutely legal and, at the same time, noble way to get two legal days off: directly on the date of blood collection (or its components) and on the next day. In addition, this time must also be paid.

Don't know your rights?

We should also not forget that the Labor Code contains many reasons for the mandatory provision of short-term unpaid leave. For example, Article 128 prohibits an employer from refusing an employee this request in the following cases:

• Marriage registration;
• birth of a child;
• death of a close relative.

• disabled people with the right to work;

Application for time off due to vacation

If the employee does not have overtime, he has the right, if the need arises, to submit an application for one or more days of vacation. In this case, there is no talk of time off as such; it would be more correct to say that this is an extraordinary paid vacation, provided in agreement with the employer, who has the right to either allow or prohibit it.

Such days of rest are provided regardless of whether the days of the next vacation have been used or are still left. It is not forbidden to use days in advance with prior agreement with management.

An application for time off on account of vacation, a sample of which you can always find on the Internet or directly on our website, is drawn up something like this:

To the manager_______________________

(Company name)

Full name of the head _______________________

from _______________________________________

Statement

Please provide me with additional days off ________________ ________ on account of the next annual paid leave.

"___"___________20___ Signature: ___________________

Application for time off at your own expense (not counting vacation)

We should also not forget that the Labor Code contains many reasons for the mandatory provision of short-term unpaid leave (time off at your own expense). In this case, the employee will have the right to take his next vacation in full; time off at his own expense will not be deducted from it. Article 128 prohibits an employer from refusing an employee’s request for time off at his own expense in the following cases:

• Marriage registration;
• birth of a child;
• death of a close relative.

Also, employees classified in the following categories have an unconditional right to the provision of unpaid days off due to family circumstances:

• WWII veterans and persons equivalent to them;
• disabled people with the right to work;
• spouses and parents of military personnel and law enforcement officers;
• age pensioners who continue to work.

In all the situations described, it is also necessary to submit a corresponding application to the employer, since only on its basis can you be provided with additional days of rest.

Question: An employee, without the permission of the manager and his immediate superior, left the workplace for personal reasons at 11:00. Will it be considered absenteeism if he does not return to the workplace by 15-00, given that from 13-00 to 14-00 according to the organization’s work schedule there is a lunch break? (Expert consultation, Ministry of Finance of the Russian Federation, 2010)

Question: An employee, without the permission of the manager and his immediate superior, left the workplace for personal reasons at 11:00. Will it be considered absenteeism if he does not return to the workplace by 15-00, given that from 13-00 to 14-00 according to the organization’s work schedule there is a lunch break?
Answer: According to paragraphs. "a" clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, an employment contract can be terminated by the employer in the case of a single absence from work, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without for valid reasons for more than four hours in a row during a working day (shift).
By virtue of Art. 91 of the Labor Code of the Russian Federation, working time is the time during which an employee, in accordance with the internal labor regulations and the terms of the employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulations legal acts of the Russian Federation relate to working time.
According to Art. 100 of the Labor Code of the Russian Federation, the working time regime must provide for the duration of the working week (five-day with two days off, six-day with one day off, work week with days off on a sliding schedule, part-time work week), work with irregular working hours for certain categories of workers, duration daily work (shift), including part-time work (shift), start and end times of work, time of breaks in work, number of shifts per day, alternation of working and non-working days, which are established by internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract.
Articles 106 and 107 of the Labor Code of the Russian Federation provide that rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion. Types of rest time are breaks during the working day (shift).
In accordance with Art. 108 of the Labor Code of the Russian Federation, during the working day (shift), the employee must be given a break for rest and food lasting no more than two hours and no less than 30 minutes, which is not included in working hours. The time for granting a break and its specific duration are established by internal labor regulations or by agreement between the employee and the employer.
It does not follow from the norms of the Labor Code of the Russian Federation whether a lunch break interrupts the flow of the working day or not and whether it is taken into account when qualifying an employee’s actions as absenteeism.
The Resolution of the Presidium of the Moscow City Court dated August 16, 2007 N 44g-570, by which the case was returned to the lower court for reconsideration, explains that the Labor Code of the Russian Federation does not define a working day as working time during the day before lunch and working time after lunch.
Thus, in our opinion, a lunch break cannot interrupt the period provided for in paragraphs. "a" clause 6, part 1, art. 81 Labor Code of the Russian Federation. Consequently, if the employee has not returned to the workplace by 15-00, the organization may classify his actions as absenteeism.
V.V.Polovinka
Ministry of Finance of Russia
17.02.2010

In our organization (autonomous institution), the regulatory documents indicate the rest time - lunch break. about breaks during the working day - no. How can you “justify” absences to go to the toilet and take smoke breaks?

Answer

Answer to the question:

In accordance with Art. 100 of the Labor Code of the Russian Federation, the time of breaks in work is established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements.

Art. 107 of the Labor Code of the Russian Federation establishes that a break during a working day (shift) is one of the types of rest time.

The Labor Code of the Russian Federation provides for the following types of breaks:

Providing a lunch break to certain categories of employees has a number of features. For example, drivers working on a shift schedule whose daily work exceeds eight hours are given two lunch breaks, while their total duration cannot exceed two hours (Regulations approved by).

Warm-up and rest breaks

How to provide warming and rest breaks

Provide special breaks for heating and rest:

• employees working in the cold season outdoors or in closed, unheated rooms;
• employees - loaders engaged in loading and unloading operations;
• other employees as necessary.

Technology breaks

How to set technology breaks

Technological breaks are caused by the peculiarities of technology and organization of production and the labor process.

Technological breaks, in particular, include:

• breaks when working at the computer;
• breaks after continuous driving for drivers.

The duration of breaks when working at a computer depends on the type of work and is determined by SanPiN 2.2.2/2.4.1340-03, approved, and ranges from 50 to 140 minutes during the working day (shift). It should be noted that these breaks are included in working hours, do not increase its duration and are subject to payment as working hours ().

Drivers are provided with breaks after continuous driving in accordance with the Regulations approved. Their duration is at least 15 minutes after the first three hours of continuous control, but why every two hours. Moreover, if such a break coincides with , then it is not provided.

Also, in accordance with industry legislation, employees may be provided with other breaks due to the technology of the production process.

The procedure for providing technological breaks should be established in a local act (for example, ) ().

Can employees smoke in the workplace?

No, they can't.

The ban on smoking in work areas and workplaces has been in effect since June 1, 2013. At the same time, the owners of buildings in which the employer and employees are located may allow smoking in specially designated areas in the open air or in isolated rooms that are equipped with a ventilation system. However, regardless of the owner’s decision, a no-smoking sign should be installed on the building. This follows from the Law of February 23, 2013 No. 15-FZ.

Therefore, the employer has the right:

• or completely ban smoking tobacco on its territory and premises;
• or limit smoking to specially designated and equipped areas in isolated rooms or outdoors with the consent of the building owner.

For violation of the ban on smoking in work areas and workplaces, the owner of the building or the employer, if he is also the owner, may be held administratively liable.

Violators face the following fines:

• for failure to comply with the requirements for the “No Smoking” sign - a fine for officials, for example a manager, from 10,000 to 25,000 rubles, for an organization - from 30,000 to 60,000 rubles;
• for improper allocation and equipment of smoking areas - a fine for officials - from 20,000 to 30,000 rubles, for an organization - from 50,000 to 80,000 rubles;
• for failure to fulfill obligations to monitor compliance with anti-tobacco legislation - for individual entrepreneurs - from 30,000 to 40,000 rubles, for organizations - from 60,000 to 90,000 rubles.

The procedure for limiting smoking adopted by the organization should be recorded in a separate or other local regulations, with which employees are generally introduced to their signature upon hiring (,).

For failure to comply with the Labor Regulations or the norms of other local documents, the employer may bring the employee to (). This means that the employer can punish an employee who smokes in an unauthorized place or under a complete ban. It is not recommended to fire someone for repeated smoking, provided that the unauthorized smoking break did not lead to an emergency (). To dismiss on such grounds, you need a good reason, and if a smoking break generally does not significantly disrupt the work process, then there is no reason to resort to extreme measures. The penalty must be fair and take into account the severity of the offense. This follows from the provisions of the Labor Code of the Russian Federation.

Ivan Shklovets

Deputy Head of the Federal Service for Labor and Employment

With respect and wishes for comfortable work, Alla Khripushina,

expert of the personnel reference system "System Personnel"

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Perhaps, issues relating to the right of an employee to leave the workplace if there is an urgent need to do so, today can be called one of the most widely discussed issues relating to the rights of employees in the Russian Federation. Who has the right to officially leave work and when? How can and should one prove the reality of the need for temporary leave from work? How much notice do you need to give your boss about your intended absence from the workplace? Is it really necessary to notify management or the HR department about this? In fact, a completely unlimited number of questions can arise on this basis. The only question is what the answers will be.

So, let’s immediately note that the legislation still gives employees the right to leave the workplace for personal reasons in exceptional cases. In particular, major family events, the need to resolve some matters related to visiting official authorities, as well as the need to receive medical care are recognized as valid reasons of this nature. The last group of reasons, it must be said, is the most respectful, since the health of workers is still in the first place even for the employer, in fact, ensuring normal labor efficiency. Thus, it is for health reasons that a person can leave his workplace with the least problems.

But even in the case of a real need to receive medical care, the employee does not have the right to simply leave work. The Labor Code of the Russian Federation obliges him to first notify his immediate superior of such an intention, ask him for permission and give approximate information about the duration of the expected absence from work. In any case, in the absence of sick leave or a medical certificate of temporary disability, medical indications do not give the right to be absent from work for longer than one working day.

By the way, notification to the boss is, naturally, not an official justification for excommunication from work, but just part of it. When contacting a medical professional, a person will have to take care of obtaining a medical certificate about visiting a doctor or a sick leave certificate. Such a document is already an official reason for ensuring that absence from work is not subsequently considered as absenteeism.

It is necessary to especially note the situation of pregnant employees at work. Until the thirtieth week of pregnancy, a woman must go to work, although easier working conditions and a lenient work schedule are created for her by law. Note that any benefits at work for a pregnant woman are available under a mandatory condition: she must have a medical certificate of pregnancy. Accordingly, it is beneficial for a pregnant woman to obtain a pregnancy certificate as early as possible. In this case, all the benefits will begin to take effect earlier.

According to the Labor Code of the Russian Federation and other regulations concerning the regulation of labor relations, a pregnancy certificate brought by an employee to the personnel service at the place of work gives her the official right to go to the doctor during working hours for tests, scheduled consultations, necessary diagnostics and other important events. However, receiving a pregnancy certificate once is not enough. The fact is that a pregnancy certificate only confirms, in fact, the woman’s pregnancy itself. To prove that she actually visited a medical facility and did not leave work straight home (this is prohibited by law even for pregnant women), a woman will need to obtain a medical certificate about visiting a doctor. It indicates the date and time of the visit. If there is a certificate of pregnancy and medical certificates about visiting a doctor for each day the pregnant woman leaves work, then she must be given wages for all these days in the standard amount.

The documents indicate “the need for mandatory dispensary observation” as the reason for pregnant women leaving work. It is precisely this reason that is considered by law to be the only valid reason for excluding a pregnant woman from work. Actually, the degree of obligatory medical observation is not so easy to determine, so it is traditionally accepted to consider as such any actual visit by a pregnant woman to a medical institution. Moreover, one more detail requires attention: a pregnant employee should not notify her superiors in advance about her expected visit to the doctor during working hours. Probably, such procedures are based on the fact that the possibility of a pregnant woman experiencing an emergency need for medical care cannot be ruled out.