Holidays without pay, as the name implies, do not involve pay as compared to regular leave. In this regard, it is impossible to just send an employee on vacation, for this you need to follow some instructions.
Instructions
Step 1
Get an application from the employee for unpaid leave (aka unpaid leave). Such a statement must necessarily be written at the request of the employee himself, but, in no case, not at your compulsion. This behavior on the part of the manager is illegal.
Step 2
To avoid problems, exclude the possibility of storing written proposals from the administration to employees about going on leave without pay. Article 128 of the Labor Code says that administrative leave, in most cases, is associated with family (personal) circumstances. Therefore, a sample for an application for leave without pay is not needed: the request is presented by the employee in any form, indicating a specific reason or reason. It is desirable that any documents confirming the reason should be attached to the application, and the duration of the vacation should be indicated in the document itself.
Step 3
The application must be considered by the immediate supervisor of the employee, in the future the head of the enterprise must summarize it: "To the personnel department, for registration." After that, you can safely draw up documents and send the employee on administrative leave, that is, without saving wages.
Step 4
In addition, the Labor Code restricts the categories of employees who can be sent on leave without pay. In this regard, carefully study the 128, 173, 174, 263, 286 articles of the Labor Code to be sure that the official you are going to send on unpaid leave belongs to these categories. Do not allow the issuance of vacation orders without content for the whole division of employees or the entire team of the enterprise. For example, the phrase "send employees of the production department on administrative leave" will indicate a clear violation of the labor rights of workers.
