Reasons for taking two days off. Is it possible to apply retroactively? When and who can take time off at their own expense - conditions for providing unpaid time off

Among workers, time off is a day of rest provided during periods labor activity in addition to basic paid leave.

To receive it, the employee needs to declare this to the employer using a statement.

The worker has the right to ask for time off at his own expense, but he does not receive payment for the rest period. A sample of the relevant application is presented below.

Time off can be provided with or without pay; in some cases, the employer is obliged to arrange a day off (all of these cases are prescribed in the labor code), but if there is no suitable basis for compulsory registration of time off, then the issue of provision is agreed upon with the employer. If the latter does not mind, then the vacation is arranged.

The task of an employee who wants to get a day of rest is to write the application correctly. This article discusses the procedure for writing such a document when taking time off without pay, that is, at your own expense. This is the most common method used when providing an extra day of rest. In this case, the employee does not receive a salary, but he still has full paid annual leave.

It is also possible to ask for time off on account of your vacation, then write this.

For some categories of employees, the employer must provide time off immediately at their request, for example, a disabled person caring for a child, a pensioner, in the event of marriage registration or the death of a family member. In other cases, when submitting an application, you need to be prepared for a possible refusal. The employer will grant the applicant's request if it considers this possible.

If an employee previously worked overtime, on a weekend or a holiday, then he also has the right to demand rest during this time, and the application is written according to.

How do you spell without pay?

The form is drawn up in free form; to write it, the employer takes a blank sheet of paper and writes the text with a pen. The handwritten form for personal statements is recommended.

At the top of the sheet in the right corner is written the director’s full name in the dative case. Next, indicate the title of the document and write a request to receive a day off without pay due to the occurrence of a certain event. The text is certified with a personal signature and the date of compilation is indicated.

Features of writing a request in an application:

You should not ask for time off - ask for a day off;
Do not write “day off at your own expense” - indicate that it should be without pay;
Indicate, if possible, a reliable and valid reason in order to obtain the manager’s approval; if it is possible to confirm the reason with documents, do so;
Indicate the days when rest is required;
Certify the request with your personal signature, do not trust the right of signing to another person;
Explain that time off is required without pay (an option is when the day off is taken as vacation, or at the expense of previously worked time, for example, overtime, on non-working days or holidays).

After writing an application for vacation at your own expense, you should submit it to the responsible employee, and then wait for the order to be issued.

You can leave to rest only after reading and signing the order. If you have not seen the order, do not leave work, the employer will be able to consider this as absenteeism.

Wage will not be credited for such days.

Sample design for a day off without content

Didn't find the answer to your question in the article?

Different organizations have different interpretations of the concept of “time off”. But, if an accountant is involved in personnel accounting, he must clearly understand who is entitled to time off and know how to arrange it correctly. We will talk about these points in this article.

What is time off?

The Labor Code does not contain such a concept as “time off”, so first let’s define what we mean by “time off”. Some articles of the Labor Code will help with this, which indicate for which an employee can receive an additional day of rest. For example it could be:

overtime work (Article 152 of the Labor Code of the Russian Federation);
work on a weekend or holiday (Article 153 of the Labor Code of the Russian Federation);
donation of blood and its components (Article 186 of the Labor Code of the Russian Federation);
days of rest on account of vacation;
leave without pay (Article 128 of the Labor Code of the Russian Federation).

Step 1- we notify the employee. The Labor Code does not regulate the procedure for notifying an employee of the need to go to work on a weekend or holiday. Therefore, an organization can develop a notification form independently and approve it in its accounting policies.

Please note that the notice must inform the employee of the right to refuse to go to work on a weekend or holiday if he belongs to a special category (pregnant women, employees under the age of 18, etc.). In addition, it is necessary to add a clause that the employer can attract an employee to work on a day of rest only if this is not prohibited for health reasons in accordance with a medical report.

The form provides a special line in which the employee can indicate the type of compensation and determine the desired date of leave. This is immediately recorded in the order for employment on a day off.

If an employee asks for time off, but does not indicate the date, this does not contradict the law, because the terms for using time off are not established in the Labor Code. An employee can take an additional day off both in the current month and in subsequent months, when it is convenient for him (Section 5 of the Recommendations of Rostrud, approved by Protocol dated 06/02/2014 N 1). In order not to accumulate a large number of days off, the procedure for using additional days off can be established in the local regulations of your organization. In particular, you can determine the timing of submitting an application for time off, the timing of using the time off, the procedure in case of dismissal before the time of use, and so on.

Step 2- we obtain the employee’s consent. An employee can confirm his or her consent or disagreement with going to work on a weekend or holiday in two ways:

making the appropriate mark on the notice drawn up by the employer (for example, as in the example document above), putting a number and signature;
by writing a statement in any form.

Please note: this stage is absent if the parties have previously agreed on the date the employee will use the rest day. Thus, there is no need for a statement.

In the application, an employee who agrees to work on a weekend or holiday indicates which option he chooses: double payment work or an extra day off.

But, if an employee agreed to work on a day off, but did not show up at the workplace, the employer has the right to take disciplinary action against him for violation labor discipline: reprimand, reprimand and dismissal on appropriate grounds (Part 1 of Article 192 of the Labor Code of the Russian Federation).

Step 3- we draw up an order to work on a day off (holiday). If an employee agrees to go to work on a weekend or holiday, the organization draws up an order to involve him in work on a weekend or holiday. The form of the order to be recruited to work on days of rest with the consent of the employee is not established by law, therefore the employer must draw it up in free text form on a personnel order form developed by the employer.

The order for recruitment to work indicates the last name, first name, patronymic and position of the employee, as well as the specific date of the day of rest provided in exchange for the day off on which the employee was hired to work.

By the way, if there is a trade union at the enterprise, then its opinion will have to be taken into account. How to do this is discussed in Article 372 of the Labor Code of the Russian Federation. If an employee is called to work in emergency situations, which are listed in Part 2 and Clauses 1-3 of Part 3 of Art. 113 of the Labor Code of the Russian Federation, then the consent of the trade union is not required.

Work on weekends, holidays and overtime

The following cannot be hired to work on a day off:

an employee who is under 18 years of age (Article 268 of the Labor Code of the Russian Federation),
pregnant employee
an employee who has children under three years of age (Article 113 of the Labor Code of the Russian Federation).

Other employees are required to work on weekends, holidays and non-working days It is allowed to involve only in exceptional cases (Article 113 of the Labor Code of the Russian Federation). To do this, you need to obtain their written consent (Part 2 of Article 113 of the Labor Code of the Russian Federation).

With the consent of employees, it is allowed to involve them in work on weekends and holidays (Article 113 of the Labor Code of the Russian Federation):

continuously operating organizations;
for work caused by the need to serve the population;
for emergency repairs and loading and unloading operations,
If we're talking about about unforeseen work, the urgent completion of which depends normal operation individual departments or the organization as a whole.

Without the consent of an employee, you can be required to work on a weekend or holiday (Part 3 of Article 113 of the Labor Code of the Russian Federation):

to prevent a catastrophe, industrial accident, and eliminate their consequences;
to perform work in conditions of emergency or martial law, as well as urgent work in case of fire, flood, famine, earthquake, etc.;
to prevent accidents, destruction or damage to property.

Work on a weekend or a non-working holiday is paid at the employee’s choice (Article 153 of the Labor Code of the Russian Federation):

increased payment (at least double the amount);
another day of rest (in this case, the working day is paid in a single amount, the day of rest is not subject to payment) (letter of Rostrud dated July 3, 2009 No. 1936-6-1).

If an employee has entered into an employment contract lasting up to 2 months, then he does not have the right to choose - only monetary compensation is permitted by law. It is impossible to provide additional days off (Article 290 of the Labor Code of the Russian Federation).

When working overtime, an employee also has the right to ask for an additional day of rest instead of increased pay.

What is considered overtime work? Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period (Article 99 of the Labor Code). However, we must not forget that the duration of overtime work should not exceed four hours for each employee for two consecutive days and one hundred and twenty hours per year. The employer is required to keep records of overtime. Remember that there is liability for violation of labor laws (Article 5.27 of the Administrative Code). This norm establishes sanctions up to and including suspension of the company’s activities.

Employees with irregular working hours are provided with annual additional paid leave, the duration of which is determined by the collective agreement or internal rules labor regulations and which cannot be less than three calendar days (Article 119 of the Labor Code of the Russian Federation).

Overtime work is paid as follows:

for the first two hours of work at least one and a half times,
for the following hours - no less than double the amount.

In addition, a collective agreement, local regulation or employment contract may establish specific amounts of payment for overtime work. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime (Article 152 of the Labor Code of the Russian Federation). That is, the employer may refuse to provide rest time both for work on irregular working hours and when performing overtime work, since this is the right of the employee and it is enshrined in labor legislation.

What does “single pay for weekend work” mean? That is, the employer must pay the employee a normal salary for work and one more daily portion in addition to the salary. It does not matter in which month the day of rest is taken: in the current or subsequent ones, wages in that period are not reduced (Section 5 of the Recommendations of Rostrud, approved by Protocol No. 1 of June 2, 2014). And the rest day itself should be excluded from the working time norm (letter of Rostrud dated February 18, 2013 No. PG/992-6-1). Payment for work on a day off should be made on the nearest salary payment date (Articles 135, 136 of the Labor Code of the Russian Federation).

Example 1. If another day of rest is taken in the same month as work on a holiday:

payment to the employee for this month = salary + one daily part of the salary

Example 2. If another day of rest is taken in another month:

payment for the month in which there was work on a holiday = salary + one daily part of the salary;

payment for a month with a day of rest = full salary, i.e. exactly as if he had taken another day of rest in the same month in which he worked on a holiday.

By the way, an employee has the right to take time off for working on a day off, even if he worked part-time. In other words, the employee is not provided with a number of hours that is proportional to the time worked on a day off or a non-working holiday, but a full day of rest (letters of Rostrud dated 03/17/2010 N 731-6-1, dated 07/03/2009 N 1936-6-1, dated October 31, 2008 N 5917-TZ).

A day of rest, provided at the request of an employee for working on a holiday (day off), is indicated in the report card by code “B” (26) - weekends and non-working holidays. Work on a day that is considered a day off for an employee, as well as on a non-working holiday, is indicated in the timesheet using the code “РВ” (03).

Providing time off for donating blood

Labor legislation exempts an employee from work on the day of donating blood and its components, as well as on the day of the associated medical examination (Part 2 of Article 165, Part 1 of Article 186 of the Labor Code of the Russian Federation). In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. It turns out that an employee who donates blood or its components on a day off is actually entitled to two days of rest - one to replace the day off, the other to restore the body.

If an employee donated blood during the performance of state or public duties, absence due to temporary disability of himself or a family member, or during other periods (except for those mentioned in Article 186 of the Labor Code of the Russian Federation), he is given one day of rest to recuperate. A day of rest in place of the day on which blood was donated can only be provided if the corresponding provision is enshrined in the collective agreement.

At the request of the employee, the day of rest can be added to the annual paid leave or used at another time during the year after the day of donation of blood and its components (Part 4 of Article 186 of the Labor Code of the Russian Federation). That is, only these two options are prescribed in the Labor Code of the Russian Federation.

It is quite possible that an employee underwent a medical examination related to blood donation and donated blood in one day, but refused an additional day of rest. And on the one hand, such a moment is not regulated by the Labor Code of the Russian Federation, and on the other hand, the employer is obliged to comply with labor legislation (paragraph 2, part 2, article 22 of the Labor Code of the Russian Federation), the norms of which do not prohibit renouncing his right to receive an additional day of rest in case of blood donation.

The question is looming: can an employer, instead of providing an additional day of rest, pay for donating blood and its components? monetary compensation? Provisions of Art. 186 of the Labor Code of the Russian Federation does not provide an employee with the right to replace an additional day of rest provided in connection with blood donation with monetary compensation. A similar conclusion is contained in the Letter of Rostrud dated March 19, 2012 N 395-6-1. That is, even at the request of the employee, the employer cannot replace the additional day of rest provided in connection with blood donation with monetary compensation.

The judges considered the case of the employer’s refusal to provide a day off without specifying the reasons and the subsequent dismissal of the employee for absenteeism and declared the dismissal illegal (Appeal ruling of the Belgorod Regional Court dated June 25, 2013 in case No. 33-1891). In addition, the order to impose disciplinary action and dismissal, collection of earnings for the period of forced absence.

The procedure for registering rest days directly on the day of blood donation and additional rest days is the same. The employee must:

write an application to provide him with days of rest for donating blood (its components)
indicate the desired dates in the application,
attach to the application a certificate from medical institution, indicating the fact of blood donation.

The provision of such a day is formalized by order.

When donating blood and its components, the employer retains the employee’s average earnings for the days of delivery and the days of rest provided in connection with this (part 2 of article 165, part 5 of article 186 of the Labor Code of the Russian Federation). As we have already said, regulatory legal acts do not provide for the replacement of a day of rest with monetary compensation. Thus, a donor employee who refuses an additional day of rest is paid only the average salary for the day of medical examination and blood donation, and the remaining days worked by him in the current month are paid in accordance with his official salary.

An employee quits without taking time off

What to do if an employee quits and he has several unused days off? The fact is that the Labor Code says nothing about the fate of unused time off upon dismissal. For example, Article 127 of the Labor Code of the Russian Federation allows you to act as follows in relation to unused vacation days:

pay monetary compensation
or provide leave followed by dismissal.

But this rule does not apply to time off. Therefore, it is better not to accumulate them in large quantities, but to use it within a reasonable time, since not all employers are ready to pay the money. This is not correct, because the employer is obliged to pay an increased amount for work on a day off (holiday). And this obligation is not canceled due to the dismissal of an employee. Therefore, in order not to violate labor laws, if providing time off becomes impossible, then compensation must be paid in cash. IN otherwise, the employee has the right to go to court.

That's it - you will learn how to correctly format labor Relations from hiring to dismissal.

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* Work time
Duration and mode of working hours
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* Overtime work
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*Part-time work
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* Flexible work schedule
* Time relax
*Work on weekends and holidays
* Time sheet
Time off or absenteeism? Subtleties of design

The concept of "time off" is widely used by everyone in Everyday life. What is time off, in what cases is it provided and how should it be arranged? Such a concept as "time off" current laws you won't find it. The concept of “time off” was used only in the Labor Code of the Russian Federation, which was in force until 2002. Does this mean that employees currently have no right to time off? IN Labor Code In the Russian Federation, the concept of “time off” is not given. There are concepts: “another day of rest” and “additional rest time.” Thus, we can conditionally give the following formulation of the concept of “time off” - this is a type of rest time provided to an employee as compensation for overtime or in other established by law cases. What types of time off are provided? current legislation?
additional rest for overtime work (at the employee’s request, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime, Article 152 of the Labor Code of the Russian Federation);
additional rest for work on a weekend or non-working holiday (at the request of an employee who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is paid not subject to, Article 153 of the Labor Code of the Russian Federation);
additional days of inter-shift rest (hours of working time overtime within the work schedule on a shift, not multiples of a whole working day, can be accumulated over the course of a calendar year and summed up to whole working days with the subsequent provision of additional days of inter-shift rest, Article 301 of the Labor Code of the Russian Federation);
additional rest for donors (according to Part 4 of Article 186 of the Labor Code of the Russian Federation, after each day of donating blood and its components, the employee is provided with an additional day of rest. The specified day of rest, at the request of the employee, can be added to annual paid leave or used at another time during the year after the day of donation of blood and its components. When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this).
The mechanism for using these days of rest, namely: at what specific time to provide these days to the employee, is not spelled out in detail in the Labor Code of the Russian Federation.
In most cases, the employee and employer independently resolve this issue by mutual agreement.
The exception is the case specified in Part 1 of Art. 186 of the Labor Code of the Russian Federation, when the employer must release the employee from work on the day of donating blood and its components, as well as on the day of the related medical examination. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of heavy work and work with harmful and (or) dangerous conditions labor, when the employee’s going to work on that day is impossible), he is given another day of rest at his request.

How can I arrange time off?

Option one: agree in advance.
In such a situation, the employer, when issuing an order to engage an employee to work on a day off or to work overtime, can immediately stipulate that the employee will be given subsequent rest time (a specific day can be established with the consent of the employee).
Be sure to obtain the employee's written consent to be required to work overtime or work on weekends, if such consent is required by law. Remember, if an employee is late at work on his own initiative, then the employer is not obliged to pay for his overtime work or provide the employee with time off (Letter of Rostrud dated March 18, 2008 No. 658-6-0).
Option two: write a statement.
If the parties have not agreed in advance how the employee will be compensated for overtime, then the employee can subsequently write a statement
with a request to provide time off, and management is obliged to prepare an order to provide time off.
The statement states:
- for what time worked on a day off (or overtime) the employee requests time off;
- on what day does he want to take this time off?
Example (of the text of such a statement):
I ask you to grant me an additional day of rest on July 2, 2011 in connection with work on the holiday of June 14, 2011.
Based on this application, an order (instruction) is issued to provide a day (days) of rest. If a day of rest is provided under the terms of Article 186 of the Labor Code of the Russian Federation, then the order (instruction) is issued with reference to a medical report confirming the fact that the employee donated blood and its components.
In the absence of the employee’s consent (written application) to provide him with another day of rest as compensation for working on weekends or non-working holidays (or overtime), an increased payment is automatically made. Therefore, if an employee is interested in taking time off, he must write an application in the month in which he had to work on weekends or overtime. Otherwise, the accounting department will charge money for overtime at the end of the month.
Question: What length of time off should an employee be given to work on a day off, but did not work a full day, but only a few hours?
According to Rostrud Letter No. 1936-6-1 dated July 3, 2009, based on a literal reading of Article 153 of the Labor Code of the Russian Federation, we are talking specifically about a day of rest, and not about the proportional provision of rest time for working on a day off.
Thus, regardless of the number of hours worked on a day off, the employee is given a full day of rest.
Providing rest time is proportional to the time worked in conditions deviating from normal conditions, and is provided for by the Labor Code of the Russian Federation only for cases where an employee is involved in overtime work.
Question: Is it possible to take time off and add it to your annual paid leave?
The law directly speaks of this possibility in relation to donors (Part 4, Article 186 of the Labor Code of the Russian Federation). Subsequently, if necessary, you can take one or more days off as vacation.
There is no legal restriction on providing one day (two or three days) to an employee at his request. According to Article 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts.
The Labor Code of the Russian Federation establishes only one condition for dividing leave into parts - one of the parts of the divided leave must be at least 14 calendar days.
The wording “by agreement” means that it is necessary to agree with the employer that the time off will be provided on account of the vacation.
In this case, you can write an application for the required number of working days on account of future vacation (the recommended wording is “I ask you to provide part of the annual paid leave lasting one calendar day”). Based on the application, the employer issues an order (instruction) to grant the employee leave (part of it).
Question: Is it possible to use time off without permission?
Additional days off must be agreed upon with the manager. Only after this can absence from work be considered officially authorized, and the employer will not be able to reproach the employee for absenteeism and failure to fulfill official duties.
The Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 of March 17, 2004 noted that if an employment contract with an employee is terminated under paragraphs. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation for absenteeism, it must be taken into account that dismissal on this basis, in particular, can be made for the unauthorized use of days off, as well as for unauthorized going on vacation (main or additional).
It must be taken into account that the use of rest days by an employee is not considered absenteeism if the employer violates provided by law obligations, refused to provide them, and also if the time the employee used such days did not depend on the discretion of the employer (for example, a refusal to provide an employee who is a donor, in accordance with Part 4 of Article 186 of the Labor Code of the Russian Federation, with a day of rest immediately after each day of donating blood and its components).
In addition to those cases of providing “time off” that are established by law, the employer and employees can agree on others. The types and procedure for providing additional rest time (registration, calculation of due payments, etc.) in this case must be enshrined in the collective agreement and (or) local regulations of the organization.

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Time off: what is it and how to take it?

Very often, due to certain circumstances, an employee needs to take time off and stay at home on weekdays or go about your urgent business.

Note that, despite wide application term time off in labor law, none normative document does not contain a clear definition of what it is.

In accordance with Part 3 of Art. 153 of the Labor Code of the Russian Federation, time off can be understood as a paid additional day of rest (another day of rest), provided to an employee at his request for a previously worked holiday or day off.

Grounds for granting time off

The Labor Code of the Russian Federation provides for the provision of another day of rest or additional time of rest in the following main cases:

1. Compensation for time worked overtime (Article 152 of the Labor Code of the Russian Federation).

Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.

Transfer from another SRO

Are compensatory days off for overtime paid according to the Labor Code of the Russian Federation?

Currently, the word time off is used to mean an extra day for rest or for a previously worked period, or for overworking working hours beyond the required time, or for donation, there are other cases. In any of these situations, the employee is entitled to an extra day of rest or financial compensation under labor law. This rule is enshrined in law and the administration of the institution cannot violate it.

Time off for overtime - article of the Labor Code of the Russian Federation

The Labor Code contains in Art. 152 rule of law, which includes the concept of an overtime period. There are some differences, since the employer is required to provide compensation for working on weekends and/or holidays: either additional pay, or the employee can take a day off. The resolution of the issue remains at the discretion of the enterprise administration. Staff member, performing job responsibilities in emergency situations, can also take time off.

During the shift period, working beyond the norm also gives rise to management's obligation to provide rest to the worker. To avoid misunderstandings, a day of rest, as well as work outside of normal working hours, must be recorded in the report card, because in addition to statistics, the employer is also responsible for safety precautions in the workplace. If an accident occurs and the period of work is not documented in the prescribed form, the employee may lose the payments and benefits due to him. The acts also reflect the additional days provided.

How to calculate time off for overtime?

It is not difficult to calculate days off for a previously worked period. The employee should tell management that he wishes to take time off for overtime hours rather than receive a cash equivalent. At each production time sheet is kept and the overworked period is identified immediately, on the same day. This may be an hour, two, or three, but it may not be enough to provide a day of rest.

Accounting is required to calculate twice a month extra hours besides the shift. An additional day of vacation will be provided for every eight hours of work in excess of the standard. The legislator does not limit the period for which a day of rest can be given if there are not enough hours. For example, an employee worked an additional six hours, but asks for the whole day - this issue remains at the discretion of the administration. It is not against the law to provide a full day of overtime for less than the full number of hours of overtime work. If management refuses to accommodate an employee under such circumstances, compensation can be obtained.

Read also: The employer discloses information on employee salaries

Paid time off for overtime

In most cases, the employer can pay for overtime. At the same time, it will be much easier to calculate the payment even if there are not enough hours until regulatory employee you won't have to work extra hours. There is a category of workers who are not entitled to either a day of rest or financial compensation for overtime - these are workers with irregular working hours. Management is obliged to give them three additional days of vacation.

Often such options are prescribed in a collective agreement or negotiated personally in an employment agreement. If such an employee performs work on a holiday, then he will have to pay for overtime, since no one is obliged to work on weekends. In fact, it turns out that it is not the day itself that is paid, but the hours during which the excess work was established.

Time off for overtime - sample application for time off

The sample application below must indicate the basis, date, and signature. It is extremely undesirable not to go to work on your own without receiving permission from management, in order to avoid registering absenteeism.

Order on time off for overtime

The next question is the issuance of an order, which has a prescribed form. In addition to the word “order”, date and signature, it must determine who gets the day off, for what and when. The personnel service must allow the employee to sign this order, that is, familiarize him with it.

They don't give time off for overtime - what to do?

Unfortunately, it happens that the employer does not want to give a day off, but simply offers to pay for overtime. It's his right. But you can come to an agreement, try to write an application or add an additional day of rest to your next vacation. In the old labor law, the priority was the provision of days of rest, and in the present - material compensation.

Registration of time off according to the Labor Code of the Russian Federation

If there is a right to leave without pay, the employee is not required to take this leave in its entirety. For example, a working age pensioner can take time off on Fridays for fourteen weeks in a row, and no one can deny him this right (theoretically, of course, it is possible, but this will be considered a violation of his labor rights, for which, by the way, you can get a fine of up to 50 thousand rubles).

Weddings and funerals

According to the Labor Code, the employer is obliged to provide the employee with time off for a wedding, time off for a funeral, and in the event of the birth of children, up to 5 calendar days (Article 128 of the Labor Code of the Russian Federation).

Paid time off

In general, time off is not paid, but if an employee donates blood, then he retains his average earnings for the days he donated blood and the days off provided in connection with this (Article 186 of the Labor Code of the Russian Federation).

In the working time sheet, these days are marked with the letter code OB or the digital code 27.

If an employee worked on a weekend or holiday, then, at his request, he may be given another day of rest (Article 153 of the Labor Code of the Russian Federation). In this case, work on a day off is subject to payment in a single amount, and payment for time off for work on a day off is not subject to payment. In the timesheet, this day will be marked with the letter B or the digital code 26.

Many people immediately have a question - how does this even happen?

We answer, payment for a day off in a single amount means that an employee who works on a day off will receive his daily earnings for that day plus another equal daily salary on top. Wages (salary) in the month when the employee decides to take time off are not reduced. In this case, it does not matter at all when the employee decides to take time off, in the current month or in the future.

Registration of time off

In order for the employer to be able to provide an employee with additional days of rest, for example, to offset previously worked time on an entrance or holiday day, the employee must write an application addressed to the employer with approximately the following content:

“Please give me time off on August 10, 2016 for working on the day off on July 31, 2016.”

Based on this application, the employer will issue an order in form T-6, which the employee must familiarize himself with upon signature.

In the time sheet, the employee’s day off will be marked with the letter OZ or the digital code 17.

How to write a statement for previously worked time can be found in the article "Application for time off" .

Sometimes employers provide employees with time off for previously worked hours without issuing any documents, including an order.

In this case, the employer puts the letter I or digital code 01.

However, this practice has very serious risks for the organization:

If something happens to an employee on this day, the employer will be held accountable to the fullest extent of the law, including those regulating relations in the field of labor protection.
By covering up an employee in this way, the employer actually commits forgery of documents, and this is already a criminal offense, liability for which is provided for in Article 292 of the Criminal Code of the Russian Federation in the form of imprisonment for up to 4 years.

Time off towards vacation

Sometimes employers provide time off to employees as part of their annual paid leave, but in doing so the employer must consider:

In accordance with the provisions of subparagraph c) paragraph 34 and subparagraph e) paragraph 39 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2, time off, which is essentially additional rest time, is not a vacation.
The provision of annual paid leave is regulated by law and is provided on the basis of a regulatory act approved by the employer itself, which is called a vacation schedule.

In this case, the minimum duration of annual paid leave cannot be less than 28 calendar days.

Therefore, on the one hand, if an employer decides to reduce the number of calendar days of rest assigned to an employee by law, he may be held administratively liable.

On the other hand, if the employer wants his employees to take time off only for their vacation, then it is necessary to organize changes to the vacation schedule each time. In addition, when granting vacation to an employee, he must accrue vacation pay at least three days before the vacation.

Sample application for time off for vacation

Today there are often situations when a woman who has given birth to a baby is in a hurry to go to work. Since, while working, she cannot fully care for the child, this responsibility often falls on the immediate family. For example, a grandmother often goes on maternity leave instead of a mother. Russian legislation it is not prohibited. About how to apply maternity leave for grandmother, read this article.

Summer is approaching, which means most employees will go on vacation. And those who remain will not always be able to cope with the work in the event of an emergency situation caused by an unexpected breakdown of an important unit, an unscheduled inspection, or the illness of colleagues who remain at work. We will find out who and how can be recalled from vacation and what to do with the remaining days of rest.

Current legislation allows workers with children under one and a half years of age to work part-time while maintaining child care benefits. True, nowhere is it said what length of time is incomplete and how to prepare documents so that the inspection authorities do not have claims against the organization.

A very interesting thing is maternity leave. It is called leave, and is granted on the basis sick leave...But for some reason a statement is also required...

Vacation is granted for the working year, and the vacation schedule is drawn up for the calendar year. It is not always possible to explain this to the employee the first time. And some managers also like to demand a report on the number of unused vacation days from employees and do not always want to hear that this figure is not constant and is only correct for a specific date. In general, any personnel officer knows that in matters of providing annual leave he won't be bored.

We provide time off to the employee

“Personnel officer. Labor law for personnel officers", 2008, N 7

We provide time off to the employee

An employee may be required to work on a weekend or holiday, or overtime, but is entitled to compensation in the form of increased pay or another day of rest, which is usually called time off. The procedure for providing additional rest time in cases provided for by the Labor Code of the Russian Federation has its own characteristics, and we will consider them in a little more detail.

Currently, there is no such concept as time off in the Labor Code of the Russian Federation.

Previously, this concept existed in the Russian Labor Code (and then as a prohibition on granting time off for overtime work), but now other official documents (for example, Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2, hereinafter referred to as Resolution of the Plenum of the Supreme Court of the Russian Federation N 2) it is used.

Thus, time off is provided as compensation to employees for being on duty on weekends and holidays. They must be provided within the next 10 days of the same duration as the duty. This is provided for by Decree of the Secretariat of the All-Union Central Council of Trade Unions dated April 2, 1954 N 233 “On duty at enterprises and institutions.”

The Labor Code of the Russian Federation provides for the provision of another day of rest or additional time of rest in the following main cases:

— compensation for time worked overtime (Article 152 of the Labor Code of the Russian Federation);

- for work on a day off or a non-working holiday (Article 153 of the Labor Code of the Russian Federation);

- in case of donation of blood and its components (Article 186 of the Labor Code of the Russian Federation);

— processing of working time within the work schedule on shift (Article 301 of the Labor Code of the Russian Federation).

The procedure for providing additional rest time in these cases has its own characteristics, and we will consider them in a little more detail.

Life situations force an employee to take a weekday to resolve personal issues. After all, everyone works only on weekdays state organizations, clinics, schools and kindergartens. For this purpose, the employee takes time off. How to take time off from work if it is not provided for by law? This term is not in the code, but is used in various regulatory documents.

When is time off granted?

Do not confuse time off with vacation at your own expense. Time off is a day off that an employee can take for a non-working day, holiday or day off. It is taken only at the request of the employee. How to register it so that it does not become a truancy? A working day as time off is provided only on mutual consent with the boss or director of the company in the following cases:

for a worked day off;
towards the tariff holiday.

If an employee decides to take away a day of work on weekdays without permission, the employer has the right to give him absenteeism, and this is disciplinary sanctions for violating the daily routine. The parties must agree in advance on the date of the day off. If such a day is urgently needed, the situation can be resolved over the phone. The process of granting time off does not end there; you need to prepare:

a document confirming that a day of absence from work is not absenteeism - this is a statement;
order for the enterprise to grant time off.

How to write an application for time off? In the application, the employee indicates for which day (date) he needs to take time off. Based on this document, an order is issued that the day is taken into account as worked or at one’s own expense if there are no such days. There is no exact form for drawing up an application; an employee of the HR department will tell you how to write it correctly. It is imperative to indicate in the document the purpose for which a day off on a weekday is required. There is a classic formulation “for family reasons”.

How to arrange time off?

If you cannot decide with your employer how to take time off, or you have problems with it, contact our legal portal. Our employees will provide online consultation on controversial issue. You can ask questions not only about labor law, but also in other legal situations. Standard solutions are available in our feed, more complex problems You can discuss it online with our expert, and also hire him for legal support.

Representatives of enterprises can also turn to our employees for help to resolve various personnel issues and analyze documentation. The cost of services on our legal portal is significantly lower than in traditional law firms. Consultations are available to clients with different income levels. Legal support will protect everyone from various troubles, legal conflicts and financial losses.

You can take time off from work without consequences, only if correct design all documents, otherwise the employee may be fired under the article. Paid time off can be taken in the form of compensation for overtime work, but before that it must be properly arranged. Before agreeing to work overtime, you should issue an appropriate order, which should specify the dates of overtime and time off.

Application for time off. Before taking time off, you must write an application for it. Moreover, it must be written in the month in which the employee had to work overtime. Otherwise, management may pay for overtime at double the rate, and then it will be impossible to take time off. The application will also need to indicate the reason why the employee should be provided with paid time off. It is worth knowing that according to the law, time off must be taken within 10 days after overtime, otherwise the employer has the right to pay for it.

Leave order. Since time off is paid at double the rate by law, you can ask management to pay compensation for overtime, but if you need a day off during the week, you will need to wait for the order to be issued, which will indicate a specific date for rest. If an employee simply does not come to work during the week, then management may consider such actions to be unjustified absence from work, and have the right to fire him under the article.

Time off towards future vacation. Not many people know how time off is provided, but meanwhile it can be taken towards a future vacation, but only if the employee did not take it this year. In order to take time off, you will therefore need to write an application addressed to the director to provide the required number of days towards future vacation. And if the director gives his resolution, then after the order is issued, the employee can take a day off on the day specified in the application.

Blood donation. Knowing how to properly arrange time off, you can take it in advance. After all, the Labor Code of the Russian Federation provides for paid time off for donors. To receive them, you must inform the manager in advance about the day of blood donation, so that he cannot fire the employee for absenteeism. Paid time off will be considered the day of direct blood donation, as well as several more days by agreement with the manager, which can be taken during the year.

Time off at your own expense. The legislation provides for taking time off at your own expense. But since you need to write an application for time off a few days before leaving, you will need to agree on this point with your manager so that the work process does not stop. In addition, you will need to wait for the order to be issued, only then the employee will not be able to be fired for absenteeism. It is very important to arrange time off in accordance with the law, otherwise the employer may dismiss the employee under the article.