home Audience 4 Taking time off at your own expense. Vacation or time off at your own expense? Compensation for overtime in the form of monetary reward

Taking time off at your own expense. Vacation or time off at your own expense? Compensation for overtime in the form of monetary reward

Unfortunately, most institutions work according to the same schedule, which means that employees sometimes have to leave work to solve their problems, for example, take out a bank loan, get a foreign passport or collect the necessary certificates. In addition, sometimes force majeure circumstances arise when it is vital for an employee to leave the service for personal reasons.

Therefore, every working person needs to understand what time off is and how to arrange it correctly.

What is time off?

The Labor Code of the Russian Federation does not contain the term “time off”. But there is the concept of “working overtime” and “compensation for overtime in the form of additional leave.” So time off is a colloquial term for an extra (unplanned) day of rest. However, all these legal subtleties do not interfere with the understanding of the parties, and if an employee asks for time off for previously worked time or for overtime, then any employer understands perfectly what is at stake.

Who is entitled to time off?

1. An employee has the right to take time off if he has unpaid overtime, work on weekends and holidays, or overtime.

2. An employee can take time off as a vacation.

3. An employee can take unpaid leave.

So, let's look at each of these cases separately. But first, let's turn to the Labor Code of the Russian Federation.

Art. 152 Labor Code of the Russian Federation

Compensation for overtime work is regulated by Art. 152 of the Labor Code of the Russian Federation, and according to the law everything looks extremely clear and concise:

1. For the first two hours of overtime work, the employee receives payment of no less than one and a half times the amount.

2. For all subsequent hours - no less than double the amount.

3. Monetary compensation for overtime work may be determined by a collective or labor agreement, as well as local regulations.

4. At the request of the employee, he can be compensated with additional rest, in time no less than the hours worked overtime.

Time off for previously worked time

According to the Labor Code of the Russian Federation, time off for overtime work is provided at the request of the employee. What does this mean? In fact, such wording prohibits the employer from independently determining the type of compensation for the employee. The worker must decide for himself whether he wants to receive pay or time off for working on weekends.

However, there are a few points to remember. Firstly, you cannot not go to work without a preliminary agreement with the employer - even if you have worked hours, this will not be considered a day off, but absenteeism. Secondly, the law does not provide for the opportunity to first take a day of rest and then work it off. And thirdly, the employee is entitled to only one type of compensation - either money or time off for a weekend or holiday.

Time off towards vacation

Each employee is entitled to an annual allowance and from this time the employee can take a day or several days as needed. They are registered as unscheduled leave and paid accordingly. But such a mini-vacation can only be arranged with the consent of the employer.

It must be remembered that with such a breakdown, at least one of the parts should not be less than 14 calendar days. That is, you cannot get your entire vacation through time off - once a year, an employee must go on vacation for at least two weeks.

Vacation at your own expense

So, we learned what time off is for previously worked time and what time off is for unused vacation. But what should those who do not have overtime hours do and whose vacation has already ended? Such employees can take a day or several days of rest at their own expense.

It's very easy to do. An application for days (hours) without pay is written to the employer, indicating the reason. Based on the application, the employee is granted unpaid leave. Or they don’t provide it, it all depends on the wishes of the employer.

The fact is that no one is obliged to release an employee from service only at the latter’s request. There are several valid reasons for which an employee must be given leave - the birth of a child, the death of a close relative, a wedding, and each of these cases is stipulated by law, and sometimes provided for by a collective or employment agreement.

But in all other cases, the provision of time off without pay remains at the discretion of the employer, and only he will decide whether the employee has a good enough reason for leaving work. Sometimes the solution to this issue directly depends on the attitude of the worker and his boss, sometimes on the state of affairs, for example, urgent work, the inability to find a replacement in the case of continuous production, etc.

How to arrange time off?

Time off for overtime, on account of vacation, or without pay is processed in approximately the same way. The only differences will be in the wording and how this time will be paid.

First you need to write an application. It is written on a standard A4 sheet. There is a “header” in the upper right corner:

General Director of Plus LLC

A. G. Petrov

from an economist

L.E. Ivanova

This is the simplest “standard” option, intended for cases where the organization does not have its own application form for such cases.

Then the word “statement” is written on the sheet, below the header and in the center. After this you can write the main text:

1. For time off due to vacation: “Please provide me with a day off on 07/14/14 due to annual leave.”

2. Time off for previously worked time: “Please provide me with a day off on 08/13/14 for previously worked time on 08/07/14 (indicate a specific date).

3. A day without pay: “Please provide me with 03/07/14 A few days: “……. for 5 calendar days from 04/02/14 to 02/07/14"

The same application can be issued for several hours: “Please provide me with 3 hours without pay on 07/23/14.”

At the end there is a signature and date. Sometimes in an application for without maintenance it is necessary to indicate the reason, in which case you can add “... due to family circumstances.” There is no need to describe in too much detail the problem for which you need to leave work; if circumstances require it, then in the application you can indicate “... to visit a doctor” or something else, but this text should be extremely concise.

In order to receive time off for overtime, on account of vacation or without pay, the application must be signed by the employer. Then an order is issued on the basis of which the employee receives unscheduled paid or unpaid leave.

Finding a compromise

Sometimes it is very difficult to get time off for previously worked time. The employer simply does not want to let the employee go at a convenient time and finds a lot of reasons for refusal. How to deal with this? To begin with, you can demand not time off, but monetary compensation - as a rule, management is much more reluctant to part with money than with a worker for a while. But this number will only work if all processing is documented.

In all other cases, you will have to look for a compromise and perhaps make some concessions. This is always unpleasant, but such a situation can be avoided. To do this, you need to have a “white” salary, so that in case of monetary compensation you will receive normal payment, and properly formalize and record all trips to work on weekends or holidays, overtime, etc. For those who have a “gray” salary and conditionally “flexible” schedule, you can only hope for the integrity of your employer.

* Work time
Duration and mode of working hours
* Irregular working hours
* Overtime work
* Night work
* Shift work
*Part-time work
* Working hours for women and persons with family responsibilities
* Work on a rotational basis
* 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 formalized? You will not find such a concept as “time off” in current laws. 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? The Labor Code of the Russian Federation does not define the concept of “time off”. 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 cases established by law. What types of time off are provided for by 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 during the 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 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 working conditions, when the employee’s going to work on this day is impossible), he is provided with his desire is another day of rest.

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 be given to an employee who was assigned 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 is necessary to take into account that the use of rest days by an employee is not considered absenteeism if the employer, in violation of the statutory obligation, 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 an employee who is a donor in providing, in accordance with Part 4 of Article 186 of the Labor Code of the Russian Federation, 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 the widespread use of the term time off in labor legislation, not a single regulatory document contains 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.

Read also: Working without an employment contract

2. Work on a day off or a non-working holiday (Article 153 of the Labor Code of the Russian Federation).

Art. 153 of the Labor Code of the Russian Federation provides for an employee the ability to choose the form of compensation - increased pay or another day of rest. Work on a weekend or non-working holiday is paid at least double the amount. Also, do not forget that local regulations of the organization, collective or labor agreements may establish a specific amount of payment for work on weekends (non-working holidays), but in any case it should not be lower than the minimum prescribed by law.

If an employee who worked on a day off or a non-working holiday chooses another day of rest, then in this case work on a day off or a non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

Do not forget that inviting an employee to work on weekends, holidays and non-working days also means sending the employee on a business trip. either specifically for work on these days, or if the employee’s departure or return from a business trip falls on a weekend, holiday or non-working day.

If an employee is specially sent to work on weekends or holidays and non-working days, then compensation for work on these days is paid in accordance with current legislation (that is, at the request of the employee, he is either given an unpaid day of rest (time off) for each day worked, or each such day worked is paid double);

If an employee is not sent on a business trip specifically to work on weekends, holidays or non-working days, but his assignment on a business trip or return from it falls on such a day, then such an employee is provided unpaid time off .

3. Donation of blood and its components (Article 186 of the Labor Code of the Russian Federation).

On the day of blood donation and its components, as well as on the day of the associated medical examination the employee is released from work .

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) dangerous working conditions, when the employee’s going to work on this day is impossible), he is provided, at his request, with another day of rest.

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.

After each day of blood donation and its components to the employee an additional day of rest is provided. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times within a year after the day of donation of blood and its components.

4. Processing of working time within the work schedule with a rotational work method (Article 301 of the Labor Code of the Russian Federation).

According to Art. 301 of the Labor Code of the Russian Federation, each day of rest in connection with overtime working within the work schedule on a shift (a day of inter-shift rest) is paid in the amount of the daily tariff rate, daily rate (part of the salary (official salary) for the day of work), if a higher payment is not established by a collective agreement, local regulation or employment contract.

Hours of 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.

5. Time off on account of annual paid leave (Article 125 of the Labor Code of the Russian Federation).

In accordance with Art. 125 of the Labor Code of the Russian Federation, annual paid leave can be used in parts, but one part should not be less than 14 calendar days. Therefore, if the remaining vacation days are not used, they can be taken in parts throughout the year. The same provision applies to cases of employee illness during regular vacation. The leave is extended for all days for which the sick leave was received and therefore, if the leave has not been extended, all days for the sick leave can be used in full or in parts during the current year. The employer must be notified of this in writing and an application must be submitted for signature.

To provide time off on account of vacation, the employee submits to the employer an application for part of the vacation lasting one calendar day.

The provision of such time off is formalized by issuing an order to grant leave to the employee in Form N T-6.

Since such leave is unscheduled and breaks the main leave into parts, it is necessary to make changes to the leave schedule N T-7.

Calculation of vacation pay and payment of vacation pay is carried out in the same way as for the main vacation.

6. Time off for vacation without pay.

If the employee does not have any additional days of rest and the next vacation is used in full, then you can take the vacation at your own expense. To do this, you should notify the employer in advance, submit an application two weeks in advance, or, in urgent circumstances, three days in advance. In emergency circumstances, which include serious illnesses of loved ones, death occurs on the last working day before time off. During the year you can take 14 days without pay, for WWII participants - up to 35 days, for disabled people - up to 60 days. All days exceeding the specified periods are by agreement with the employer. In all cases, time off is formalized by submitting an application, under which the employer puts his resolution and an order indicating for what, when and why the time off was granted.

Procedure for granting time off

Time off is provided in the manner prescribed by the Labor Code of the Russian Federation.

The Labor Code of the Russian Federation gave the employee the right to time off, but did not give him the right to independently determine the time off.

In accordance with the law, the specific time for using time off is determined by agreement of the parties. This agreement, which is usually made as an oral agreement, should be formalized in writing. To do this, you should write a written application requesting time off on a specific day and obtain a permitting visa on the application.

An employee taking time off without the consent of the employer, even in cases where the right to such time off is provided for by current legislation, is considered a failure to appear for work without good reason and may be grounds for dismissal of the employee at the initiative of the employer.

Subparagraph “a”, clause 6, part 1, art. 81 of the Labor Code of the Russian Federation provides for termination of an employment contract in the event of a single gross violation of labor discipline by an employee, which includes absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the event absence from the workplace without good reason for more than four hours in a row during a working day (shift).

In connection with the established practice of courts considering cases of labor disputes on the basis of Art. 39 of Resolution No. 2, dismissal for absenteeism, in particular, can be made “for unauthorized use of days off.”

If an employee chooses time off, then after the fact of off-hour work he is required to write an application requesting time off, and management is obliged to prepare an order for granting time off. The application indicates for what time worked on a day off (either during non-working hours or overtime) the employee requests time off and on what day he wants to take this time off. Naturally, this day of additional rest will not be paid for from the outside. The application must be written in the month when you had to work on weekends or overtime. This is due to the fact that otherwise, at the end of the month, the accounting department will accrue money to the employee for overtime, and you can forget about the time off.

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. A full-time employee performing work duties in emergency situations may 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.

The accounting department is required to calculate extra hours in addition to the shift twice a month. 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: Reflection of sick leave in 6 personal income tax example

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 and if there are not enough hours to meet the standard, the employee will not have to work additional 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 the digital code 01 on the time sheet.

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. This is not prohibited by Russian legislation. Read about how to arrange maternity leave for your grandmother in 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’s called vacation, and is granted on the basis of a sick leave certificate... But for some reason, an application 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 he will not be bored when it comes to providing annual leave.

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.

The vacation is over. But this is not a reason to be upset. You still have many ways to legally relax.

1. Breaks during the working day

The most popular way to take a break from work is to go have lunch and relax at the same time. During the working day, employees 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” (Labor Code). That is, if you work from 10 to 18:30, your work schedule already includes a half-hour break. The time and duration of the break are established by the company’s internal labor regulations.

2. Weekend

The employer sets your work schedule. Because of this, you may have one or two days off. But one of them should be on Sunday. Usually the second day off is Saturday.

3. Holidays

Non-working holidays in our country are ():

January 1, 2, 3, 4, 5 — New Year holidays.
January 7—Christmas Day.
February 23 is Defender of the Fatherland Day.
March 8 is International Women's Day.
May 1 - Spring and Labor Day.
May 9 is Victory Day.
June 12 is Russia Day.
November 4 is National Unity Day.

If a holiday falls on a weekend, then the day before or after the weekend is considered a non-working day. And if you were asked to go to work on these days, know that the employer must pay twice as much for this.

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 step 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 pay for work or an additional 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 apply disciplinary action to him for violating 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 workers are allowed to work on weekends, holidays and non-working days 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 are talking about unforeseen work, the urgent implementation of which depends on the normal operation of 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 a collective agreement or internal 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 Rostrud Recommendations, 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 arises: can an employer, instead of providing an additional day of rest for donating blood and its components, pay 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 sanctions and dismissal, and to collect earnings for the period of forced absence were declared illegal.

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 a 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 for the employee his average earnings for the days of donation and the rest days 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 them 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. Otherwise, the employee has the right to go to court.

That's it - you will learn how to competently formalize labor relations from hiring to dismissal.

It is possible to take time off from work without consequences, only if all documents are completed correctly, 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.