Send from work because of bad well-being. How to ask yourself from work. For what reasons you can pop up from work. Sample application. Reasons to takepoint from work early

Looking for an answer? Ask a question to lawyers!

9915 Lawyers are waiting for you a quick response!

Ask a Question

If the employer does not let go to the clinic.

If the employer does not let go to the clinic to give tests and visiting specialists before the planned operation. Can I just go home from work? Is it threatening for this dismissal?

Answers lawyers

Best answer

Sergey Zubkov (09.10.2018 at 02:46:11)

Hello. Everyone has the right to protect health, on an extraordinary medical examination, etc. All these rights guarantees the Labor Code of the Russian Federation, the Federal Law "On the Fundamentals of the Health of Citizens in the Russian Federation" is enshrined the responsibility of the participation of organizations and their officials in the protection of citizens' health and again so on. All this is so beautiful in theory. But the problem was both and remains. Does not let go of the boss and that's it. At the same time threatening with dismissal. Yes, and let it threaten. He himself perfectly understands that the court will restore. Planned operation, and the chief of Barin himself exhibits itself. Therefore, why show yourself important if you lose and pay apart except the average earnings during the forced absenteeism. Therefore, show the direction for the reception to the person responsible for keeping the account of the account and go to the medical institution. And then we'll see, will be fired or not. If you disappear, then we walk for days 20, and then turn to court. - Warranty 100%. At the moment health is more important. And problems are solved as they arrive. And do not call the heads of employers. Too liked this word. They are representatives of the employer who can be disqualified for violation under Article 5.27 of the Administrative Code of the Russian Federation. Employer is your organization. If you are forced to do this, present the requirements for compensation for moral damage. And the prosecutor's office after will attract the chief to administrative responsibility for the violation of your right to health. It is even difficult to imagine a normal person. The planned operation was appointed, and some boss did not let it go. Whether such brazen, or stupid. If the intelligence is zero, then the books need to read.

Please help feedback.

Derzhavin Alexander Vladimirovich (08.10.2018 at 22:23:39)

Hello! The actions of the employer violate your rights provided for by the TC RF and. In accordance with Article 183 of the Labor Code of the Russian Federation, a circle of persons entitled to pay for a temporary disability sheet is clearly defined: persons working under an employment contract; state civil and municipal employees; Lawyers and entrepreneurs; Farm members and others. In your case, if the employer prevents the care of the hospital whether it does not let go to the clinic, this is a clear excess of authority. But you should not leave work and find problems. To avoid negative consequences, you need to contact your attending doctor at the place of residence and open. It is better to do this in hours of time (call an ambulance, complain to making up and demand a leaf of response and direction to the doctor - therapist). Next, consult a doctor and open a sick leave, pass the necessary analyzes and visit specialists. In this case, the employer will not be able to do anything to you, since you will do everything competently.

Salmin Vladimir Sergeevich (08.10.2018 at 22:26:34)

Hello!

You must have a reference to tests. If it is, it is obliged to let go - you can safely leave (after giving direction to the personnel department). If there are no directions, it will be

Nikolai Nikolaevich (08.10.2018 at 22:32:39)

Hello!

Polish not entitled. Since there will be lack of in the workplace for more than 4 hours in a row for legal dismissal.

Skvortsov Sergey Vladimirovich (08.10.2018 at 22:45:06)

Good evening.

1. The dismissal does not threaten you, because You will pass the survey that you must provide.

3. You can also take a hospital sheet. With him - you will freely pass all the surveys.

5. After that, in case of refusal, you can contact, for example, to the prosecutor's office.

Vladimir Olegovich (08.10.2018 at 23:07:08)

Good day! Specify Do you have a director of a doctor or therapist for surrender? You need to work out this issue with doctors, or ask for a hospital at the time of testing or a certificate that you were at the doctor's reception and handed over the tests. And specify for what reason it does not let go? Write me more about the situation.

Degtyareva A.G. (09.10.2018 at 02:00:46)

Good day, dear author! Unfortunately, the situation described by you is not regulated by the Russian Federation, in which only three legitimate grounds are described: donors - art. 186; Planned and annual medical examinations - art. 185; 254 - Pregnant women. That is, you just leave you are not entitled, since your absence at work is obliged to agree with the employer, because In accordance with the Labor Code of the Russian Federation, a visit to the doctor during working hours is not a valid reason for the absence of at work.

And in accordance with Art. 21 Labor Code of the Russian Federation The employee is obliged to conscientiously perform his labor duties assigned to him by the employment contract, as well as to observe the work discipline. Therefore, I advise you to write without preservation to pass the medical procedure for surrendering analyzes. To the application, attach the proof - a document confirming the date of the planned operation. And, of course, a formally employer has the right to request explanatory on the fact of your absence during working hours, but this fact will possibly confirm the extract from the medical card, in which there is information about the delivery and / or results of analyzes.

At the same time I explain to your rights (you can use in the negotiations below with the employer):
1. The right of citizens to protect health and the right of citizens to medical care is guaranteed by Article 41 of the Constitution of the Russian Federation.

2. More fully specified rights are disclosed in the Federal Law of November 21, 2011 No. 323-FZ "On the basics of the health of citizens in the Russian Federation", according to which:
1) Article 2 of the FZ "On the basics of the health of citizens in the Russian Federation" the responsibility of the participation of organizations and their officials in the protection of citizens' health is enshrined.;
2) Article 19, paragraph 1, found that everyone has the right to medical care.
The consolidation of the right to medical care for each means that the state provides citizens with medical care, regardless of gender, race, nationality, language, social origin, official position, place of residence, relations to religion, belief, belonging to public associations, as well as other circumstances.
3) Article 18 provides for:
1. Everyone has the right to protect health.
2. The right to health protection is ensured by environmental protection, the creation of safe working conditions, favorable working conditions, life, recreation, education and training of citizens, the production and sale of appropriate quality, high-quality, safe and affordable drugs, as well as the provision of affordable and high-quality medical care.

3. According to Article 219 of the Labor Code of the Russian Federation The employee has the right to an extraordinary medical examination in accordance with medical recommendations while preserving the place of work (posts) and average earnings during the passage of the specified medical examination.
4. According to Article 237 of the Labor Code of the Russian Federation The worker has the right to.

Good luck! If more detailed consultation is required, you can contact me individually.

I would be grateful for the assessment of the answer. I hope he became useful. Respectfully, [Email Protected]

FFINOVA Marina Vladimirovna (09.10.2018 at 04:44:38)

Hello, I recommend notifying the employer in writing about your absence due to the need for testing and other medical events by attaching copies of documents. And then to attract you to disciplinary responsibility it will be impossible.

Mikhail Viktorovich (09.10.2018 at 06:26:28)

Try.

Can always fool.

The question of the legality of such dismissal.

You must prove to the employer, which requires an appeal to a honeycomb.

This should help the selected specialist.

The Village with the help of experts continues to find answers to working questions. This time we learned how it was better to ask for a headquarters if you need to solve a personal question during working hours.

Albert Mitsevic

head of the Department of Human Resources IFC "Honest Word"

With a standard work schedule - five days a week in the morning and before the evening - a part of personal cases is simply impossible to decide not attempted: visits to official instances, visit the doctor, the parent meetings at school can not be postponed for the weekend. The need to escape from work periodically arises from each employee, this is a normal everyday situation.

But it is not necessary to leave the workplace arbitrary, hoping that the authorities will not notice your absence. In order not to spoil your reputation and not provoke conflicts, explain to the boss why you need to leave now. Your chef is the same person as you, with similar needs. Talk to the truth, not trying to embellish the situation, and most likely get it support. At the same time, it is important not to turn rare leaving the system so that working discipline does not suffer. Then you will not have any problems.

If the scope of your working boot does not allow you to painlessly leave for personal matters, offer the chief to work out the time of absence on weekends or stay after the end of the working day. An alternative option can be to work at home if you need to sit with a sick relative or to control the work of the plumbing. Remember that the head is responsible for the results of its department, so offer a solution to the problem acceptable and for you, and for the company.

Showing responsibility and desire to compensate your absence in the workplace with a good result, you will not look like a slacker and save good relations with the bosses.

Irina Baeva

managing Director of the Regus company in Russia

If the employee needs to go away from work due to a personal character, you should not put the head before the fact of the phrase "I need to leave." It is advisable to talk to the employer in advance about the need to remove from work. If such a need arises regularly, it is worth discussing the possibility of flexible schedule with the employer, subject to the maintenance of performance. This is quite common practice when the employee works outside the office one or two days a week. Arguments can be supported by numbers: 43% of office employees believe that the vacancy proposed by them should include the possibility of working outside the office. These are the results of the research "Regus", in which more than 600 office workers of Moscow, St. Petersburg and Yekaterinburg took part. Representatives of many professions can work outside their office no less efficiently than being at the main workplace.

Explain to the employer that, by leaving at working hours from the office, you will definitely make a job at another time: working at home or staying at work on other days. Make sure your leader knows what results you have achieved by working remotely. You should not hide from the employer that you highly appreciate his willingness to go to meet you in the question of a flexible schedule or a possibility for a while working outside the office. Much depends on corporate culture in each specific company, but the general rule is: if the head is confident that the employee responsibly refers to the tasks set and that the work will not suffer because of his personal affairs, it will be much easier for him to coordinate such a request.

Maxim Sundals

head of online school English EnglishDom

You should not be afraid to ask. After all, unforeseen situations can happen with everyone, and the manager should understand it. So that the reason to leave early was convincing in his eyes, in front of the conversation, put yourself in place of the chief. He is responsible for ensuring that the company worked qualitatively and without interruptions, received a profit, at the expense of which employees pay salary. Therefore, it is better to prepare in advance and do everything to make your unplanned absence damaged work. Ideally perform a part of your tasks in advance.

And the conversation itself should also be in advance. After all, if you did not come and after the start of the working day, I would call to report that today will not be today, because you need to make some documents, it is not only a manifestation of disrespect, but also an unpleasant surprise for colleagues who will have to fulfill your tasks. If you ask the ran a few days, everything can be planned in advance.

In unforeseen situations, for example, if the temperature rose sharply or flooded the neighbors, of course, there are no other options, it remains to be simply warned by phone.

Clearly and directly explain the reason you need to leave. I believe that it is better to always tell the truth, and not invent non-existent diseases. So you can lose trust, because the secret sooner or later becomes clear. It is advisable not only to make part of the work, but also plan when you can perform the rest. And be ready to replace your colleagues that protect you into your absence. And of course, it is not necessary to abuse and ask for an only really respectful occasion.

Olga Kuzmina

director of the personnel company MANPOWERGROUP RUSSIA & CIS

The reasons for late or squash can be a lot, but all this in the end will be bored with any leader. The best option that will not be annoyed by the leadership and colleagues on which your affairs are welcomed - planning an additional day off in advance. This can be done by issuing a day at the expense of paid leave or vacation at your own expense. Is it possible to plan in advance? Yes, you can partly predict the days in which you need to be absent at work. For example, if you want to go on September 1 to a festive line with a child or you need to help with the organization of the anniversary mom, then such predictable days are not better than on the last day. Some employees expect that, when painting on the eve of them, they will be allowed to be allowed and counted the working day. And it raises doubts. After all, even if you have such a good relationship with the leader that he will release you, he himself may have problems when serving a table with your work hours if your early care or absence was noticed by the personnel department.

It may happen that a person woke up in the morning and just did not want to go to work, called and said that he feels bad. If this happened once, the head can go to meet and suggest staying at home. But when it repeats quite often, regularly between the May holidays or on the working day on December 31, then, of course, this is doubtful and forms a negative attitude to the employee, even if he declares these days at his own expense.

Sometimes it is necessary for a valid reason, for example, in the case when some of the loved ones fall into the hospital or dies.

Situations are unforeseen, and everyone should understand it. If the employee does not abuse the downsion and try to plan them, then even in the case of a sudden necessity, the head will not be opposed, and no tricks do not need to do so.

For a whole year of work everyone begins to think about the respite And he wants to distract a couple of weeks, relax at home, fly to the sea and the like.

But it happens that the employer does not want to let go of an employee In the Honored Vacation, and then the Help staff comes the Labor Code of the Russian Federation. Any employee needs to know what to do if they are not allowed on vacation.

Dear readers! Our articles tell about typical ways to solve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact us through an online consultant to the right or call by phone free consultation:

Legislative regulation

Very often workers worry, whether the employer can not let go of a vacation for any reason, and sometimes this anxiety is justified.

First of all vacation provided employees on schedulewhich is established by the organization and is approved by the employer in conjunction with the chosen trade union organization.

Refuse to leave on schedule the boss is not right, because the law obliges to approve vacation schedules two weeks before the beginning of the year, that is, in about the middle of December.

Approved graph it is important to observe both parties., and its change is unacceptable unilaterally, that is, if the employee does not suit the vacation time, he can change it only with the consent of the head or chosen trade union organ.

If the bosses suggests transferring a vacation for another time, know, this action can be completely Only with the personal consent of the employee. In cases where the employee's vacation negatively affects the organization of the organization, its transfer is possible for the next year, but this is again with the consent of the worker.

According to 124 Article Labor Code of the Russian Federation legislation prohibits failure to provide paid recreation for two years in a row. If the employee has incurred any damage during vacation proceedings, it has the right to demand compensation from the organization where it works.

Who can not refuse?

In addition to ordinary workers, the Labor Code of the Russian Federation, took care of a rather narrow circle of people, the provision of vacation which is possible at any time of the year.

The list of citizens, the provision of annual paid leave, possibly at any time of the year:

A woman after maternity leave is allowed to reach 1.5 years of the child. At that time 40% of the average earnings. In addition, by law, the man also has the right to leave during pregnancy and childbirth of his wife.

Possible reasons

Refuse to leave the schedule an employer cannot it is possible only to transfer it with the consent of the worker. However, if the worker decides to take a vacation, when he pleases, and he is not a citizen with certain benefits, the boss has the right to refuse to leave.

Situations in which the conversation may be concerned (transfer)

In the remaining cases, a refusal to grant vacation will violate the Labor Code of the Russian Federation.

In the event that you need to go on vacation, even if you are not released, you can simply not go to work. But this concerns only those employees whose vacation is approved in vacation schedule. It is necessary, according to the approved dates, register it at the secretary.

So the employer it is considered notified About your intention to go to right vacation.

Where to complain?

Before taking radical measures, you need to try to do everything to agree with the bosses and come to a single solution in this matter. But do not forget that failure to submit leave is punished with a fine of up to 50 thousand rubles.

If the head is not going to grant vacation and does not compromise, you can use the following measures:

Complaint of the labor inspection is considered on average within 10-15 days, the maximum term of consideration of the application is 1 month. And the basis for appeal to the court may be a failure to leave in the last 2 years.

Watch the video about what to do in cases of refusal:

If you do not give right vacation, seek you with the help of the above instances.

Rostrude explained whether the employee who wrote a statement on his own request to conflict with the employer of the situation was not to wait for the official consent to dismissal and stop working at the specified date.

What happened?

On the "Online Speech.RF" website, an employee of one of the commercial organizations asked the question of dismissal at his own request in a conflict situation with the employer. The question of the user of the resource sounded like this:

Please tell me when the calculation and labor book should be issued when dismissal if the dismissal is due to the conflict with the employer? The employer refuses dismissal and does not let go from work until it finds a replacement. What to do an employee if he has already found a new job and are waiting for him there?

Rostruda specialists told how to be in a similar situation in accordance with the norms of the Labor Code of the Russian Federation.

How to quit work if the employer does not let go?

Rostruda specialists noted that if the employee wrote an application for dismissal at his own request in accordance with the norms of Article 80 of the Labor Code of the Russian Federation, he himself, and the employer must adhere to the norms established by labor law. The reason for dismissal, such as the conflict with the employer, in this case does not play any role. Therefore, the organization's management has no right to refuse a person in dismissal and not to let go from work, even if the dismissal specialist has not yet been found. But only provided that the employee itself also complies with the established procedure and filed a statement in accordance with the requirements of Part 1 articles 80 TK RF For two weeks (14 days) before the date of dismissal.

Such an application for dismissal should be:

• compiled in two copies and signed by personally by the employee;
• directed by the employer by mail or awarded personally with a request to return the second copy with a mark on obtaining an application.

After a two-week period of warning about dismissal, as SPRADRUD specialists indicated, the employee has the right to stop performing his official responsibilities and not to go to work after the date specified in the statement. In turn, the employer is obliged to produce a full calculation with the employee, which is:

• pay salary for all spent time;
• pay compensation for unused vacation for the entire period of operation;
• issuing properly decorated workbook.

The employer is also obliged to issue all the associated documents provided for by labor legislation.

In response, Rostruda states that if the employer prevents dismissal and does not make calculation on the last working day, the employee has the right and opportunity to seek the protection of its rights to the territorial body of Rostruda - the State Labor Inspection or the Commission for Labor Disputes. At the same time, you can write a statement to the prosecutor's office, as well as file a lawsuit in court with the requirement of paying all due amount. After all, if the court recognizes the illegal obstruction of the dismissal, the employer will have to pay the average earnings of the employee for all the time of the forced absenteeism, until a complete calculation with it.

As Sprilder's experts indicated: according to article 352 TK RF Everyone has the right to protect their labor rights and freedoms by all means not prohibited by law. The main methods of protecting labor rights and freedoms are:

• self-defense workers of labor rights;
• protection of labor rights and legitimate interests of employees by professional unions;
• state control (supervision) for compliance with labor legislation and other regulatory legal acts containing labor law norms;
• judicial protection.

The legislation does not prohibit the use of them all at the same time.

If the occurrence occurs when an employee needs to leave its workplace, a statement is written to the ration, which lists the reasons that indicate its need. But sometimes it is not so easy to understand how to pop up from work for one day. A part of the reasons for the ration is considered respectful, and it is even spelled out in legislation, but in fact, the validity of every request is considered by the boss. And he decides - let go of the employee from the workplace or not.

Request about the ran.

Even if the manager normally refers to regular employee coming, it is better not to abuse it with confidence. The most difficult topics for the boss are the lateness and vacation of workers, so frequent letters will start irritating the boss over time, and the problems will cease to cause sympathy. This is the psychological trait of many employers - after all, even if the employee sits on social networks, he is at work, and the boss suits it. And another thing is an empty workplace and constant excuses and absence. Normal is considered to take the rang for no more than three times in a month.

Conversation with boss

It is considered ugly to ask the closed on the phone, as well as to ask for a squash himself. It will be best to approach the head at the beginning of the working week or in advance, from the evening. For several days to ask for a few days, so that the head can entrust the urgent affairs to other employees. It is necessary to warn about your plans in person, as it is considered to be taken away from work for 1 day by phone is considered to be permissible only with a serious illness, when to appear in the office should not be infected with colleagues, or in any emergency situations.

In a conversation with the boss you need to explain the reason for the ferut clearly and confidently, but not to go into unnecessary details. It can also be explained that the part of tomorrow has already been done, and everything else will be ready on time and without comments. You need to leave for communication your phone number and email to communicate so that, if you have incomprehensible situations, employees or the manager himself could get a solution to the problem.

Medical foundations

• The need for medical care. With a bad health of the employee (or his minor child), the head must let me go to the medical institution. It may be toothache, increased temperature or surrender necessary analyzes.

• Donation. Delivery is a legitimate way to get two weekends (the day of blood delivery and the next day). According to the law, these days should even be paid. In this case, it is necessary to submit a document confirming that the blood was handed over. Also, the bosses are not always calmly release the employee for regular donation, but only in cases where blood is necessary to relatives and acquaintances or if there is a rare blood group.

Personal bases

• Personal circumstances. The rank is provided to an employee in the case of the birth of a child, the death of close relatives and registration of marriage.
• Challenge to the court session. In cases where the employee is summoned to the court as a jury or participates in investigative and judicial actions, the employer will not be able to prohibit subordinate to leave the workplace.

• The emergence of emergency household problems. In unforeseen situations, when the castle breaks on the entrance door, the employee stuck in the elevator or can not go to work due to the breakthrough of the water supply, the boss must give out. However, in such situations it is advisable to confirm the cause of its unbelievable work with a certificate from the management company or emergency service.

Possible reasons for quenching

• A visit to official instances. Such organizations usually do not work on weekends, so you can only get into them at your working time. In the queue in the passport office, the gas service or water can be spent the whole day, so it is better to prevent the head of the possible temporary time of the ferut. Registration of real estate transactions also takes a lot of time due to the design of related documents.
• Transport problems. Corks on the roads, a minor accident or vehicle breakdown may cause a reference to work. But in a situation, if the hijacking of personal transport occurred, you should take the head of the head for a day, in order to clarify all the circumstances in the police.
• Family circumstances. Usually, the chiefs consider them quite aware of the reasons for the fervor. It may be the anniversary of a relative, a children's matinee or graduation child. Also here refers to a meeting of relatives at the airport or at the station.

• Exams passage. Frozen is provided on the days of exams in high school, driving school or to end language courses.

Statement on the ran.

How to avail from work for 1 day? The application for the ranks must be written even if the head insists. After all, later, he may forget about the oral agreement to free the subordinate from work, and then may follow a remark, penalty or dismissal. The sample for a request for the rank does not exist, but there are a number of general rules adopted on most enterprises:

1. The application must be drawn up in two copies - one of them, signed by the boss, should remain from the applicant.
2. Before writing an appeal, should be clarified to whom should it be addressed to the first leader or directly to the boss? The organization must have their own standards and the concepts of subordination that must be complyed.
3. If any documents or references are attached to the statement about the ranks, then the reference should be made on them. This concerns extracts from a hospital map or directions to a survey from the district doctor.
4. You must specify the number and time of the lack of in the workplace. It happens that you need to go on business for a while, and then it becomes incomprehensible, how to pop up from work for 1 hour? The application contains data on the time that the employee will be absent, and the deductions from wages will only be strictly for the desired period, without any misunderstandings.

Otherwise, the statement is drawn up according to a standard form (to whom, from whom, the reason for the request, the date, signature), which can be clarified by the personnel.

Colleagues

It is not necessary to tell other employees about the "overlooks" of the head, as it may give rise to discontent among them and cause a feeling of envy in those whom the boss did not let go from work on similar reasons. In the event that you have to tell colleagues about your rank, you should not give advice, how to talk to the boss. After all, if some gossip will hear the leader, next time he may no longer refer to the problem of an employee with sympathy and will not let him go home from work.

No need to be afraid to approach the authorities with a request for the ran away, because unforeseen situations can happen with each. It is just necessary to clearly explain the cause of your request, as well as to follow, so that an unexpected weekend does not affect the quality of the work performed.