Provide a day off. Registration of time off according to shopping mall rf

It is possible under labor law to refuse an employer when he talks about working on weekends or overtime, but somehow it is not very accepted. Does his request go beyond some acceptable limits, or is the boss abusing his influence? Whatever arguments the workers involved in the additional work are guided by, in return they expect quite tangible and adequate gratitude from the employer. Acceptable expression of appreciation for the employee will be additional time off or payment for time off for work on weekends and holidays.

Normative base

The first thing that needs to be learned by those who are going to figure out whether the day off is paid is that they will not find this concept anywhere in the Labor Code. Time off, by mutual agreement, the parties labor relations call the free day provided to the employee during the period when the schedule of the enterprise assumes his normal employment. In other words, if the company works from Monday to Friday, then a non-attendance agreed with the authorities will be considered a day off. workplace on any weekday. If exemption from work on this day is not agreed upon before its occurrence, then it will rightly be called absenteeism.

In fairness, it should be noted that although there is no concept of time off in the TC, the term “extra day of rest” is repeatedly encountered. By mutual agreement with the employer, you can get it for:

Work on state or regional holidays and non-working days, Art. 153 TC;
Overtime work (both with a 40-hour week and according to a summarized schedule), art. 152 TC;
Voluntary donation, Art. 186 TK.

If, for any personal reason, a person needs free time during the working week, this is also called a day off. In such a situation, the employee may not have the legal right to an extra day, but there are still options to get a day off on weekdays:

You can ask for a few days to offset the duration of the next main or additional vacation, chapter 19 of the Labor Code;
If the paid days in the worked period have already ended, then the employer may agree to provide days without pay, Art. 128 TK .

And if the way to arrange a free day is not particularly of concern to an ordinary employee, then the issue of paying time off for work on weekends and holidays can become truly relevant.

Mandatory right to non-category leave

No one can argue with the statement that the offer to work longer is expressed by the authorities more insistently than the willingness to let go from work. But, when labor hours are already fixed in the time sheet or there are non-vacation days of rest for previous periods, it is much easier to make the employee heed his requests. Free days, begging "in advance", are more difficult to get. The argument may be some urgent or good reason indicated by the employee in his application. This equally applies to the situation when an employee asks for leave at his own expense. In the latter case, however, circumstances may arise when the employer will be disarmed due to the status of the applicant or the nature of his problem:

Do not forget that an additional option for obtaining free days may be contained in the collective agreement of the company.

Paid and unpaid leave

For those who intend to ask for an extra day from their employer, it should be clearly understood that the question of whether time off is paid is not entirely correct. There are several options for approaching financial security:

Days of absence do not imply payment at all, Art. 128 TC;
Absence implies the preservation of the average salary for the hired person Art. 167, chapters 19 and 28 of the Labor Code;
Time off is not paid, since it was chosen by the employee himself as a way of compensation for working overtime or on a day off, art. 152 and 153 of the Labor Code.

For those who ask to give him a day from rest periods from chapter 19 of the Labor Code, you need to remember that you can not “pinch off” from any vacation. If the provision of a time off from work is timed to coincide with a specific event, then taking a piece at an arbitrary time will not work. For example, it is simply impossible to ask for a day from student leave in advance, because the right to it appears only after receiving a call and an examination certificate on academic performance (Chapter 26 of the Labor Code). From there, information is extracted about the period, duration and method of payment for this time.

The employer is obliged to provide time off on the day specified by the employee only if the employee was previously involved in overtime work. If workers who do not belong to the privileged category under Art. 128, the employer has every right to refuse their request.

Types of days off

The legislation does not in any way regulate the permissible number of engagements to work outside working time within the framework of one enterprise. In fact, such orders can be issued at least daily, as long as there are real reasons for this and the consent of employees. It is also necessary to discuss with them the issue of compensation for such hours. The choice is small: increased pay or an additional free day.

For the employer himself, who is constantly experiencing a shortage of staff, it is more profitable to choose the “two evils” that can be solved with money. This simplifies accounting and does not lead to interruptions in the work of the company. But even if the employer is ready to spend, he still will not be able to do it indefinitely, because for calendar year an employee can only work 120 hours more than the annual time limit, Art. 99 TK.

Everything that is worked out in excess of this mark must be compensated by providing days of rest. And then a fair question arises before the employer about how to arrange this and is time off for work in excess of the maximum amount paid?

Processing on weekdays or turnout on weekends

No reason to stay at work after the end of the working day or the end of the shift can detain an employee for more than 4 hours a day and more than twice in a row. Accordingly, this time can be paid according to the rules of articles 152 and 153 of the Labor Code, depending on the day of the week (in one and a half or two times).

But it could be so: the employee initially asked to replace the financial compensation with hours of rest. If we assume that he worked four days off a month for 4 hours, then he is supposed to walk two days in the middle of the working week. In this situation, employees of the personnel and accounting departments may overcome doubts about: is time off for work on a day off paid and how should this be reflected in the time sheet?

First of all, you need to look at the overtime order. If it involves a one-time extension of the shift, but without exceeding the monthly norm of hours, then you just need to correctly reflect the distribution of working time in the form of hours accounting (T-12 or T-13). Then the day off will not be payable, like Saturday and Sunday with a five-day work week. In fact, it turns out that the day of rest will simply be postponed, and the time of work will be paid at a single rate.

Another thing is when the total number of hours exceeded the monthly, quarterly or annual norm (but not more than 120). You can still “give away” the processing time as a weekend, and charge a one-time payment. However, in the final statement, the person's salary will be more than the established salary due to the increased number of hours worked in the time sheet. The decision of days of additional rest entails a change in the amount of payment. For all hours worked, wages are charged at a single rate, and days off are not paid at all, Art. 152 and 153 of the Labor Code.

Payment for work on holidays

Working on public holidays Labor Code, and more specifically, under Art. No. 153, equated to work on weekends. According to the law, wages are not less than double, but can be increased if this is provided for by a collective or individual agreement. There are subtleties that are important to know:

When you work piecework, you must work at least double the rates.
If the tariff rate is set by the hour, then the rate is also multiplied by two
If a official salary- then for the day worked, a daily salary is charged in addition to your salary. And if the monthly norm by the hour is exceeded, then plus a double salary (i.e., in a triple amount)

Of course, it is not always possible to choose from the authorities required payment. Then you can use the information given above - i.e. use processing as an extra day off. The application for payment of time off for work on a day off is written simply - we change the word "day off" to "holiday", and that's it.

Overtime pay

The problems described in the previous paragraph may arise for management, even if no one is going to pay. It is quite likely that the employee abruptly changed his mind and applied for the replacement of days of rest with money.

It should be noted right away that the employer has the right to refuse such a replacement, provided that the form of compensation has already been agreed in the order for recruitment and the days have been agreed. But if the authorities intend to meet the employee halfway, then the doubts of the accounting department about whether time off is paid for previously worked time and by what method to calculate should be dispelled in an additional order for the enterprise.

For those who face similar situations more than a few times a year, it is more correct to fix these provisions in the collective agreement. If there is no desire to make changes to one of the fundamental documents, then you can simply publish this rule in a separate local document of the company (order or instruction). To avoid disputes when determining the amount of compensation for unused days off, it is easier to find an opportunity to provide earned rest time during the notice period.

Compensation for time off upon dismissal

Rarely, dismissal is spontaneous. Unless, as a result of a rapidly developing conflict. In this situation, among the unsettled items, there may also be one that should answer the question of whether time off is paid for the processing issued by the order upon dismissal? Employee anxiety is understandable. After all, when signing documents on attraction to additional work, he could not even assume that until the day of the day off fixed in it he might not finish it. It is likely that the time off was supposed to be added to the future vacation.

In this situation, compensation for vacation and time off will be calculated differently. The first payment is based on average earnings (Article 139 of the Labor Code), and the second is in proportion to the salary, in a single amount. If the dismissal did not happen in the month of overtime, then a conflict may arise when determining the method for calculating the hourly tariff rate. Depending on which period (monthly, quarterly or annual) is taken as the basis for the calculation, the amount of accruals can vary greatly.

Least of all disputes arise from those employers who have fixed the chosen method of calculation in the collective agreement. For those who have not foreseen such a situation, it is better to apply the scheme using the annual norm of working hours, since this will allow you to calculate the most objective indicator of the tariff rate.

But there is also the most win-win option that allows you to get around sharp corners. You can agree with the employee on the transfer of time off for the period of working off before dismissal. Then the employee will receive earned rest, and the employer will not pay "double".

Application preparation

An application for time off, in addition to writing a “cap”, a title and a signature with a number, is, to a certain extent, a creative process. The decision of the management to provide a free day depends on how convincingly and colorfully the employee describes the reasons forcing him to miss work. There are a number of recommendations when compiling a document:

You must specify the date or period of the expected absence;
Report the reason (from the beaten "" to some exotic event), which will seem convincing to the employer;
Indicate your wishes regarding the payment of time off (on account of paid leave or without financial security);
Mention the available documentary evidence (attach copies).

Whether the manager will sign the paper written by the employee depends largely on the validity of the reasons or the status of the hired person indicated in the document. You can get a convenient application form on our website ()

Payroll or holiday pay

From a legal point of view, it is not time off that is payable, but overtime worked or the period of performance of labor duties on weekends and holidays. There is a rule that “extra” hours are compensated based on salary, in proportion to the monthly, quarterly or annual norm of working time. If instead of financial compensation, the employee chose rest, then the payment is made in a single amount, and the day off is not paid at all.

The principle of calculation is quite simple: the salary or output for the selected calculation period is divided by the norm of days or hours (for the current month, quarter or year) and multiplied by the amount of time worked (days or hours). If a person asked for a day off in order to reduce the duration of a future vacation, then we will talk about average earnings. You can calculate it, guided by the provisions of Article 139 of the Labor Code. The accounting department adds up the total income for 12 months and divides it first by 12 and then by 29.3. It is this amount, withholding 13% of personal income tax, that will be given to the employee for each day missed on account of paid vacation.

Effect of time off on seniority

According to some agencies, time off received as overtime compensation is not included in the calculation of hours worked. This is correct, because in the worksheet they are reflected on the day of actual work with the code OB or 27 (day off, holiday or overtime).

The days of absence, by agreement with the authorities, but without saving the salary, are affixed by the rationing officer as a pass (letter designation in the report card HB or 28). If there is no condition for working off the missed time on another day, then such a day off can negatively affect the actual number of working hours.

Free work pass within 14 days a year will not affect the length of service, art. 121 TK. The legislator does not prohibit giving the employee a longer unpaid vacation, but then his length of service for receiving annual leave is interrupted, and the start date is shifted. In all other cases, absence from work, not reflected in the labor, will not affect the length of service or insurance in any way, which cannot be said about the amount of wages paid.

The policy of constant processing at the enterprise is not consistent with the Labor Code, and, ultimately, does not make the work of employees more efficient. The key to success in managing a team is the correct distribution of workload and competent work rationing. But, since the need to go out after hours has happened, timely payment or time off will help to pay off the displeasure of employees.

Bar lawyer legal protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

He was involved in work on a day off on March 8, 2015. Somehow I forgot about it and did not immediately take advantage of the day off. In the coming 2017, I decided to add this day to the New Year holidays, until I completely forgot about it. I approached the HR department and explained the situation. I was told that I was no longer entitled to time off for work on a holiday, since a calendar year had passed from the moment I worked on a holiday.
How long does it take to get time off from work on a public holiday? Can he just disappear like that?

The concept of "time off" in the Labor Code of the Russian Federation is no longer used, but it has taken root in everyday life for a long time and is even found in official documents courts. Therefore, we do not consider it shameful for ourselves to use it. Let's just define that a day off is a day off given to an employee for working on a weekend or non-working holiday.

As we know, under certain circumstances, an employee can be involved in work on weekends and non-working holidays, both with his consent and without it. Work on a weekend or non-working holiday is paid at an increased rate. At the request of the employee, he may be given another day of rest - a day off.

With payment, everything is clear and simple: he was involved in the work, the time sheet was filled out and handed over, accrual and payments were made. Accordingly, the employee will receive payment for work on a weekend or non-working holiday no later than fifteen days later.

But how long will he provide a day off for work on a holiday if the employee did not immediately set a specific date? What period to limit the period when an employee can use a day off - a month, a calendar year? The Labor Code of the Russian Federation does not establish a deadline for granting time off for work on a holiday. From this we can conclude that the employee can exercise his right up to dismissal.

It is possible that this is not very convenient, and it is more expedient for the parties to immediately agree on the date when the day off for work on a holiday will be granted or added to the annual leave. In any case, the employer cannot force or oblige the employee to use time off, this worsens the rights of the employee.

On the other hand, Article 153 of the Labor Code of the Russian Federation literally says that at the request of an employee who worked on a weekend or non-working holiday, he may be given another day of rest.

From this we can conclude that the employee must express a desire to provide another day of rest, for example, at. And whether or not to provide another day of rest is the right of the employer. If he simply pays the employee double the work, he will fulfill the requirements of the law in full.

Thus, if work on a weekend or holiday was not paid by the employer in an increased amount and the employee expressed his desire to provide another day of rest, then time off for work on a holiday must be provided without taking into account any deadlines.

If the certificate is issued for a year, then it is valid once a year. The original documents are returned to the employee after familiarization. Payment for additional days off is made only for children with disabilities and is calculated based on the average salary for the past year. Women working in the village are not paid extra days off. The number of extraordinary days off does not depend on the number of disabled children in the care of one family. Below we will consider in more detail the issue of providing citizens with additional free days. Additional days off for caring for a disabled person From the nuances of the documents required when applying for an extraordinary weekend, it should be noted that in addition to the child’s disability certificate itself, you will also need to obtain a certificate from local authorities social protection with information that the child is not contained in a special

Attention

An additional day of rest is provided for work on the weekend. Characteristic features of getting days off in certain industries There are some sectors of the economy that have certain features in getting days off and paying them. For example, this applies to the field of civil aviation Russian Federation.

For example, if the dispatcher was involved in work on a legally free day, he will definitely be offered another day for rest, since there is a legally regulated regime for the distribution of working time and rest for employees who manage air traffic. Women working in the field of mechanical engineering and raising a child under the age of sixteen are given one extraordinary free day during the month without pay. The same applies to women working in the field of transport construction.

Rules for granting time off for work on weekends and holidays according to the Labor Code of the Russian Federation

Read also: How to write an application for half a day off: basic questions and answers In this case, her actions are not lawful and violate the rights of the applicant. At the time of issuing instructions on work on the above days, the calendar date of the day off is indicated. At this time, there is no need to write additional documents.

Info

If information about the future vacation was not provided at the time of drawing up the contract, then the employee must provide a written application. On its basis, the final verdict is issued on the provision of additional time. This is reflected in the order, which has an arbitrary design.

The employee is obliged to familiarize himself with it against signature. The personnel department and the accounting department are required to provide a sample application for those who do not know how to write it according to the rules. You should also reflect the information in the timesheet.

In what cases are additional holidays provided and how are they paid?

Features of granting days off and breaks during the working day One of the features of the regime of working hours and rest time for employees educational institutions is the absence in the internal labor regulations of a mandatory break during the working day for rest and meals of at least 30 minutes, which is not included in working hours. According to clause 1.4 of the Regulations on the peculiarities of the regime of working hours and rest time of pedagogical and other employees of educational institutions, approved by Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 (hereinafter referred to as the Regulations on the peculiarities of the regime of working hours), for pedagogical workers who perform their duties continuously in during the working day, there is no break for meals.

Pay on weekends and holidays

Average earnings are calculated by dividing the wages accrued for billing period, by the number of working days during this period based on the average working hours, in accordance with the legislation of the Russian Federation. Days off for workers countryside As described above, rural women workers are provided, upon written application, 1 additional day off per month without pay. Moreover, an employee may demand an additional day off under the Labor Code without specifying a reason.

Since a priori it is assumed that this day will be dedicated to family and children. According to the law “On Urgent Measures to Improve the Status of Women, the Family, the Protection of Motherhood and Childhood in the Countryside,” an employer does not have the right to refuse an employee. An order for additional days off is issued.

Important

Weekly uninterrupted rest (days off) is provided to all employees for a period of at least 42 hours. The specific duration of this type of rest depends on the type of working week and the mode of work in the organization (see Art. 110, 111 of the Labor Code). Days off are days of the calendar week free from work, provided to all employees for rest.

At 5 days working week employees are provided with 2 days off per week, with a 6-day working week - 1 day off. Sunday is the common day off for all employees both in the 5-day and 6-day working weeks. The second day off with a 5-day working week is determined by a collective agreement or internal labor regulations. In this case, as a rule, both days off must be provided in a row (Article 111 of the Labor Code). According to established practice, the second day off is usually Saturday.

Features of granting days off

Note! Parents (guardians, trustees) are obliged to notify the employer of the occurrence of circumstances that entail the loss of the right to receive additional paid days off. In addition, they are responsible for the accuracy of the information they provide, on the basis of which they receive additional paid days off. Documentary confirmation of the employee's right to four additional days off The provision of four additional paid days off in a calendar month to one of the parents (guardian, custodian) is made at his request and must be executed by order (instruction) of the employer (p.
2 of the Rules). Note! The form of the application for additional days off is not arbitrary, but is approved by the Ministry of Labor.
If the employee preferred additional rest time, instead of double pay, then the number of working hours does not play a critical role. Existing regulations labor law do not apply the ratio between hours worked on weekends or holidays and rest. Therefore, the employee is entitled to demand a full day off, regardless of the number of hours spent at the place of work.

The right to a day off for donation Day off is provided for donation. There are many workers who want to be donors. To date, the Labor Code provides for social guarantees, financial payments on the day of blood donation and additional days off, which are indicated in the report card.

Article 125 of the Labor Code regulates the relationship between an employee and an employer related to blood donation.
of the Rules in the event that there is documentary evidence of the death of the other parent (guardian, custodian), recognition of him as missing, deprivation (restriction) of parental rights, imprisonment, his stay on a business trip for more than one calendar month or other circumstances indicating that that the other parent (guardian, custodian) cannot take care of a disabled child, and also if one of the parents (guardians, custodians) avoids raising a disabled child, the specified certificate is not submitted. Payment for additional days off for caring for a disabled child Payment for each additional paid day off is made in the amount of the average earnings of the parent (guardian, caregiver) (part 1 of article 262 of the Labor Code of the Russian Federation, clause
Special categories There are special categories of people who are granted extra days off. These categories include parents or guardians of children with disabilities, women working in agricultural areas, workers in the Far North, and people who combine study and work. What is regulated? The issue of obtaining an additional free day is regulated by the labor legislation of the Russian Federation, and specifically Article 262. This document states that parents or guardians of disabled children can receive additional free days. At the same time, they are paid by the federal insurance service. Additional days off are provided for the above-mentioned category of citizens to fulfill their parental responsibilities. The basis for their provision is a written application of the employee.

Labor standards give employees the legal right to take extra days off that do not count towards vacation time.

concept

The modern labor legislation of our country does not contain the official term "time off" for a long time. However, it continues to be often used both in everyday speech and in office workflow. So, it was firmly fixed in our lives by the Labor Code, which was valid until 2002 and included this term in an official manner.

Based on current standards, including those that directly relate to modern personnel production, the concept of "day off" must be interpreted as a day of rest, which is provided to an employee at his official request. This request must be made in writing.

An employee can get the desired day off, but if the employer has a desire for it. In addition, there are individual cases of obtaining time off, specified in the provisions of the Labor Code of the Russian Federation:

before the request for time off, the employee was involved in overtime work, work on weekends, as well as holidays;
employee works on a rotational basis, and one of the shifts was more working days than usual;
the employee worked several times after the expiration of the set time, about which there are corresponding records of the authorized person;
the worker officially donated his blood and participated in the donation campaign.

All of the above cases are not grounds for the mandatory provision of time off. The last word still remains with the employer. AT certain cases, time off can also be replaced by monetary compensation, if both parties agree to this action.

In addition, an employee may also submit a written request for time off for personal reasons. In fact, the reason, in this case, will not be so important, because the employee asks for a day off on account of the subsequent vacation period.

labor standards

The current provisions of the Labor Code of the Russian Federation allow the possibility of attracting employees to work on weekends or holidays, but only if there are good reasons for this. Together with this right of involvement, which the employer has, the employee simultaneously acquires the right to take advantage of time off. An alternative is to pay for this work in accordance with the current double tariff.

The choice of a so-called promotion may be based on a verbal agreement. Thus, the employee cannot put forward clear requirements for the provision of time off - all this should be based solely on the mutual agreement of the parties.

Article 136 of the Labor Code of the Russian Federation establishes certain rules for formalizing a request for the further provision of one or more days off. The main criterion in this case will be that the employee must notify his boss of his desire to get time off at least three days before the onset of an unscheduled day off.

In certain cases, an employee may be granted time off not only for working overtime, but also simply on account of the upcoming vacation. The legal grounds for this will be the following:

death of a relative who was close to the employee;
the birth of a child by an employee;
employee marriage.

Any of these grounds gives the employee the legal right to claim an additional day off.

Existing practice

The exact type of compensation that will be prepared for an employee working overtime will depend not only on the provisions of the current legislation and the desire of both parties, but also on the content of the employment or collective agreement, which should also contain this information.

Main nuances:

the contract may also contain conditions such as the complete absence of the possibility of obtaining time off by employees. In this case, each employee can only rely on legal monetary compensation, even if he needed a day off;
the other option, on the contrary, is the right of each employee to refuse to provide days off. In this case, the employee must explain to the employer that he relies solely on monetary compensation;
in addition, a huge number of workers prefer to break the legal entitlement leave into two parts. At the same time, the requirements of the law apply only to one part - it should not be less than 14 days. The second part can have absolutely any number of days. This right is often used by workers. It allows them to enjoy additional days off, which are simply deducted from the required paid vacation.

In situations where an employee took a day off without first notifying the employer of this fact, the latter has a good reason for dismissal. Even this single day can be a legitimate reason for a subsequent dismissal, since the absence of an employee in his place for unknown reasons is regarded as absenteeism.

Moreover, the dismissal will be absolutely legal even if the employee had a legal right to time off. That is why you should always arrange your time off properly, in order to avoid unnecessary disputes and additional problems. Naturally, in most cases, the employer understands the employee and easily provides him with legal time off. If the employer, for some reason, refuses to provide the employee with time off, it will be absolutely pointless to try to insist on this. In addition, it is also impossible to assign yourself a certain day of absence from work arbitrarily, without first consulting with the management. The only exception will be those cases when the employee becomes a donor. Then the employer will not be able to legitimately refuse to grant him a day off. At the same time, the employee himself can decide when to use this day off - right on the day of donation or at another time.

Number of days off

So what is the exact number of days off that can be given to any employee? This question regulated by article 128 of the Labor Code of the Russian Federation, which clarifies that in the event that the reason for the day off is legal basis- an employee can apply for 5 days.

For the whole year

The year is the main and main period used by accountants of institutions and personnel workers. It is during the year that they track the statistics of the employee's time off and the number of days and hours of processing.

In addition to the above 5 days of time off, which are due to employees in certain circumstances, the labor legislation of the Russian Federation also provides for the provision of time off for a certain category of employees. The only caveat here is the fact that these days off are not payable. So, the following categories of workers can apply for time off in a certain number of days:

disabled people - 60 days a year. At the same time, the disability group itself will not matter here;
working pensioners - up to 14 days off per calendar year;
close relatives of persons undergoing military service, or those persons whose duty to their homeland is associated with serious danger and the most difficult conditions.

All other categories of employees can only ask for time off. The final decision will remain with the leadership. At the same time, the exact number of allowable days off for each month can be established by an employment contract or internal regulations specific organization.

Recycling

The provisions of the current Labor Code of the Russian Federation provide for the mandatory right of an employee to compensation in the form of time off, if he went to work on a day off or on an official holiday.

In general, the provided compensation options can take the following forms:

two days off;
double overtime pay for one day and one extra day off.

In addition, if an employee works extra hours, some compensation is also due for this. When the number of these hours worked reaches eight (if we are talking about an 8-hour working day), the employee acquires the legal right to receive one day off.

Absolutely all questions on compensation for hours worked are clarified in article 152 of the current Labor Code of the Russian Federation. It clearly states that the provision extra day rest for an employee is absolutely legal, but still the right to decide in this case belongs to the employer. If he refuses to provide time off at the request of the employee, he still retains the obligation to materially compensate for excess working time.

Leave on account of vacation or at your own expense

Labor legislation in our country establishes 5 days of vacation, in the event that the employee has the circumstances specified in the relevant regulations. These days are given to the employee so that he can easily settle his affairs or problems that have arisen. The number of days off that are provided to the employee may exceed the stipulated 5 days, if there are serious reasons and grounds that the management of the organization agrees with. However, it should not be forgotten here that seniority will not be interrupted only if the number of days off does not exceed the stipulated 14 days. Thus, the possibility of obtaining more days off and the employee is available, but it will not be beneficial for him. For example, if an employee wants to take three weeks of time off at his own expense, one of these three weeks cannot be included in the total length of service. As a result, it will decrease by exactly 7 days.

Design features

The fact of receiving days off, even if it is just one day off, must still be documented and executed accordingly. As previously reported, the employee must notify the employer of the fact that it is necessary to provide him with a day off on time, no later than three days before the date when the day off itself is taken.

Action plan

First you need to make a written application for a day off. There is no exact form for this, everything is written at your own discretion. Sometimes enterprises and institutions develop and approve their own forms, then it is better to use them. It is not necessary to indicate the reason for the day off, but this may have a beneficial effect on the final decision of the management.
Supporting documents, if any, must be attached to the application. This may be a death certificate of a relative, a birth certificate, etc. If these documents have not yet been issued to the employee, he can indicate that he can provide copies of them later.
Then the application is submitted directly to the head or his secretary. In the second case, the secretary puts an appropriate mark on the document and passes it to the head.
As soon as the employer makes a positive decision at the request of the employee, on the basis of the existing application, the employee of the personnel department creates an appropriate order. After that, the worker without fail, makes acquaintance with the document and puts his own signature on it. This is done to protect the employer. After all, he cannot send his employees on unpaid leave if they do not have consent to this action.

In the same way, time off is also issued for overtime worked, as well as going to work on weekends or official holidays. The employer, in turn, also has the obligation to issue an appropriate order if he obliges one of the employees to work overtime. In the future, this document will serve as the main basis for double pay.

If instead of monetary compensation for overtime work, the employee chose a day off, this fact must be noted in the application. It is on its basis that in the future the accountant will not accrue wages for a given day.

Calculation procedure

First of all, the employee must agree with the management on the fact whether the days off will be summarized with annual leave, or they will go on separate days off. The overtime calculation is the difference between actual hours worked and general rule, which acts on this enterprise or within the same organization.

The same calculation method applies to overtime work. If the amount of accumulated overtime hours became equal to the sum of the hours of one working day, the employee receives the legal right to claim an additional day of rest at any time. the only important nuance the fact that overtime work should be organized exclusively at the initiative of the employer will come forward. In addition, it must be properly documented.

For example, in one calendar year, an employee overworked an extra 160 hours. Each shift of his job was a standard 8-hour day. Consequently, an employee at the end of the year can claim an extra 20 days of rest.

The current version of the Labor Code of the Russian Federation does not provide for a decoding of the concept of time off. Regardless, some articles this document there is information about their provision. One of these is Article 153 of the Labor Code of the Russian Federation. It contains information on the cases in which the employer is obliged to provide the employee with time off in the event that the latter labor activity on a weekend or holiday.

Time off may also be provided for work performed overtime, that is, outside of working hours. In this case, the provision is made by . In this case, the day off replaces the additional payment for processing and is provided for the previously worked time.

In addition to working overtime, an employee may also perform labor obligations on a weekend or holiday. In this case, the Labor Code of the Russian Federation also provides for the possibility of providing time off, how this is done and drawn up, what documents are needed.

Stages of obtaining time off for work on weekends and holidays

The main rule that must be observed when granting a day off is competent documentary support, starting from a call on a day off to work and ending with the registration of a day off. In this case, special attention should be paid to the following points.

Step 1. Drawing up a notification for the employee about the need to go to work on a holiday or weekend.

The current legislation of the Russian Federation does not provide for unified form for this document. In this regard, the paper can be drawn up in any form on the letterhead of the company. Some companies develop special notification templates for this.

When creating such a form, it is necessary to highlight the categories of employees who cannot be involved in work on weekends and holidays.

The following persons cannot be called to work on a day off according to the Labor Code of the Russian Federation:

pregnant women;
persons under the age of 18;
parents of young children;
employees who are prohibited from processing for health reasons. In this case, the citizen must present the relevant certificate from the medical institution to the head.

It is important to consider that it is possible to involve an employee in work on a weekend or a holiday only if he agrees in writing. There are also situations in which the authorities have the right to call an employee to carry out their labor activities on a non-working day without obtaining his consent.

When obtaining consent is not mandatory The need arises in the following circumstances:

A weekend or holiday falls on a business day. This phenomenon is possible if the employee works on shift schedule. Similar situations include the continuity of production and the need for urgent and urgent repair or other types of activities;
labor contract. Often, the rules and possibilities for the emergence of the need to carry out labor activities on holidays are indicated when compiling employment contract. This clause of the agreement may be present in a document concluded with citizens whose profession has a creative focus;
occurrence of emergencies. In such cases, an employee may be called to work to eliminate the consequences of accidents.

An important nuance is that when issuing a notice, the employer does not indicate a specific day for the employee to rest. The latter has the right to choose it himself. In addition, instead of a day off, an employee may qualify for monetary compensation for processing.

Step 2 Obtaining employee consent.

After the notice is drawn up, the document is transferred to the employee. If he agrees with the information indicated in it, and wishes to go to work on a certain weekend or holiday, he leaves his signature in the notification. The date of reading the document is also affixed. In case of refusal, the employee is special statement, which indicates the reason for such a decision.

If, after obtaining consent, the employee does not appear at work on the day specified in the document, the employer has the right to assess this action as absenteeism. In this case, the employee may be charged.

Step 3 Order preparation.

After agreeing on the data indicated earlier, the management of the enterprise issues an appropriate order for the employee to go to work on a weekend or holiday. A document of this type can be issued in free form. Without fail, it must contain information about the type of compensation chosen by the employee - time off or wages. Days worked are paid at double rate. If the employee does not want to receive increased pay, then payment is made in a single amount, followed by the provision of time off.

Important: the right of the employee to choose any type of compensation - time off or money. The employer does not have the right to force him or incline him to any decision.

Step 3 Provide time off at the request of the employee

To issue a time off for an employee, you need to receive his written desire in the form of an application. Based on the application, an order is drawn up to grant a day of rest.

The current legislation of the Russian Federation does not contain information on the period for granting time off for work on a holiday or weekend calendar day. In this regard, there are often cases when employees accumulate a significant number of days off. To exclude such situations, in almost all companies, the rules for providing additional rest time are enshrined in local legal acts.