Day off work is provided. On providing employees with an additional day off

As a general rule, work on weekends and non-working holidays is prohibited. But, as you know, there are exceptions to any rule. And in the situations listed by the Labor Code of the Russian Federation, subject to the obligatory observance of certain conditions, it is possible to legally attract an employee to work on a holiday *. For such "unscheduled" work, he, of course, is entitled to additional compensation. Instead of double pay, an employee may be given another day of rest at his request. We'll talk about how to do this today. Please note that the same rules and procedure will apply when an employee is granted a day off for working on a day off.

Recall that in accordance with Part 1 of Art. 153 of the Labor Code of the Russian Federation, as a general rule, work on a weekend or a non-working holiday is paid at least twice:

• pieceworkers - at least at double piecework rates;
• workers who are paid on a daily and hourly basis tariff rates, - in the amount of not less than double the daily or hourly tariff rate;
• employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary ( official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within the monthly norm of working time, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

At the same time, specific amounts of payment for work on a weekend or non-working holiday may be established by a collective agreement, a local regulatory act of the employer, adopted taking into account the opinion of the representative body of employees, labor contracts. Remuneration for work on weekends and non-working holidays of creative workers can be determined on the basis of the listed documents.

At the request of an employee who worked on a weekend or non-working holiday, he may be granted 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 not subject to payment.

Let's highlight the conditions for providing another day of rest.

Condition 1. Another day of rest is provided only at the request of the employee.

The initiative to provide an employee with another day of rest instead of double pay for work should not come from the employer. It is the employee who must make such a request, and it is desirable that it be in writing - in the employee's application.

Condition 2. Another day of rest may be provided (but does not have to be provided) by the employer.

Another rest day is provided at the request of the employee and with the consent of the employer. If the employer refuses to provide the employee with another day of rest, work on a non-working holiday must be paid at double the rate of general rules. The head of the organization usually draws up his decision with a resolution on the application of the employee.

Expert opinion

E.V. Orlova, director of the department internal audit LLC "Komo"

About compensation for work on a non-working holiday

If an employee takes another day of rest for work on a holiday, then work on such a day is paid in a single, and not double, amount. Moreover, if the employee, despite another day of rest, works out the norm of working time for a month, then in addition to the salary, he needs to make an additional payment for work on a holiday in a single amount (part 3 of article 153 of the Labor Code of the Russian Federation).

That is, if an employee took another day of rest for work on a holiday in the same month in which the holiday was, then he worked out the monthly norm of working time. And the employer must pay him for the work at the rate of salary and one more daily part in excess of the salary for the holiday. In other words, the day of rest is not additionally paid, but wages are kept for this day.

If the employee takes another day of rest in another month, then for the month in which the employee worked on a holiday, he must receive a full salary plus a single daily part of the salary. And for the month in which the employee took an additional day of rest, the salary is in full, although he will work one day less than the norm.

Thus, an employee who has worked a monthly norm of working time in each month must be paid in accordance with the situation.

Situation 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 day's salary

Situation 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 took another day of rest in the same month in which he worked on a holiday.

Condition 3. The employee is given a whole day of rest even if he worked several hours on a non-working holiday.

Part 3 Art. 153 of the Labor Code of the Russian Federation does not make the duration of rest dependent on the duration of work on a holiday (see letter from Rostrud dated March 17, 2010 No. 731-6-1).

Condition 4. Work on a weekend or non-working holiday is paid in a single amount, and the day of rest granted to the employee is not subject to payment.

Condition 5. An employee may ask for another day of rest in another month.

The Labor Code of the Russian Federation does not contain a rule that another day of rest must be used in the same month when the employee was involved in work on a non-working holiday. This means that the rest day can be used by the employee at other times. That's just to inform about his desire to use another day of rest, the employee must in the same month when he was involved in work on a holiday, so that the employer has all the necessary data for calculating his wages. Moreover, when making such a request, the employee may indicate in advance the date for using another day of rest, but may not do so.

Condition 6. The employee is given not an additional, but another day of rest.

The total number of days off in the calendar period does not change (does not increase), and the day of rest is “transferred” from one day of the week (month) to another.

Let's see what actions need to be taken to provide the employee with another day of rest for work on a non-working holiday and what documents are required for this.

Stage 1 Receipt of the employee's request to use another day of rest for work on a non-working holiday

Note! This stage is absent if the employee did not mention his desire to use another day of rest for work on a non-working holiday in such documents as: a notice of the need to engage in work on a non-working holiday, a memorandum on the need to engage in work on a non-working holiday, or a notification on the right to refuse to be involved in work on a non-working holiday.

If the employee made a request to use another day of rest for work on a non-working holiday in a written application, see Step 2.

The request of the employee to use another day of rest for work on a non-working holiday can be issued different ways, it all depends on the specific situation of bringing to work on a holiday and the rules of personnel records management adopted by the employer. In the following, we will consider only one option.

Receipt of an employee's request to use another day of rest for work on a non-working holiday on a notification of the need to engage in work on a non-working holiday

If a notice or proposal was sent to the employee about the need to engage in work on a non-working holiday in situations where such involvement requires written agreement employee, then the employee may, by issuing consent to work, at the same time declare his desire to use another day of rest in the future.

Step 1We get the employee's mark on the notification about the need to attract to work on a non-working holiday

Situation 1. The employee agrees to work on a non-working holiday and draws up a request for another day of rest without specifying the exact date.

Situation 2. The employee agrees to work on a non-working holiday and draws up a request for another day of rest, indicating the exact date.

Step 2 Submit the notice to the manager

In order to make a decision on involving an employee to work on a non-working holiday, as well as on the possibility of providing the employee with another day of rest for such work, a notification is sent to the head of the organization or other official who has the right to regulate the working hours and rest time of employees.

Step 3. We receive a notification with the resolution of the head

In his resolution on the notification, the head of the organization or other authorized official determines the actions that must be taken to attract the employee to work on a non-working holiday. Since in our example it is necessary to take into account the opinion of the elected body of the primary trade union organization, this must be reflected in the resolution. It also records the consent of the representative of the employer to provide the employee with another day of rest.

Please note: if the employer does not agree to provide the employee with another day of rest, then this should be reflected in the resolution and pay for work on the holiday at a double rate.

Situation 1. The employee filed a request for another day of rest without specifying the exact date.?

Situation 2. The employee filed a request to provide him with another day of rest, indicating the exact date.

Stage 2 Receipt of the employee's application for granting him another day of rest for work on a non-working holiday

Note! This stage is absent if the employee and the employer have orally agreed to provide the employee with another day of rest for work on a non-working holiday. Also, the need for a statement is no longer necessary if the parties have previously reached an agreement (see Stage 1) on the date the employee will use the rest day.

Step 1We receive an application from the employee to provide him with another day of rest for work on a non-working holiday

Since another day of rest for work on a non-working holiday is provided only at the request of the employee, most often in practice the employee draws up a written statement about this. It is desirable that in his application the employee indicate not only the date when he wants to use the day of rest, but also the dates on which he was involved in work.

Step 2 We register the employee's application for granting him another day of rest for work on a non-working holiday

An employee's application for granting him another day of rest for work on a non-working holiday is recorded in a special accounting form developed for registering internal documents, for example, in the Register of Employee Applications. In our example (see below), columns 1-4 are filled in the Journal form.

When registering, the requisite "Registration number" is issued on the application.

Step 3 We send the employee's application for granting him another day of rest for work on a non-working holiday to the head of the organization

To make a decision on the merits of the request, the application is sent to the head of the organization or other official who has the right to regulate the working hours and rest time of employees.

Step 4 We receive the employee's application for granting him another day of rest for work on a non-working holiday with the resolution of the head of the organization

The decision taken by the head of the organization or another authorized representative of the employer is drawn up by a resolution on the application. In case of a positive decision, the resolution determines the employee responsible for preparing a draft order to provide the employee with another day of rest for working on a non-working holiday.

Step 5 We transfer the information from the manager's resolution on the employee's application for granting him another day of rest for work on a non-working holiday to the Employee Application Registration Log

After receiving an application from an employee with a request to provide him with another day of rest for work on a non-working holiday with the resolution of the head of the organization or another authorized representative of the employer, in our example, columns 5-8 are filled in the Register of Employee Applications.?

Step 6 We send the employee's application for granting him another day of rest for work on a non-working holiday to the case

About sending an employee’s application to the case with a request to provide him with another day of rest for work on a non-working holiday, a mark is made in the lower left corner of the document.

Stage 3Issuance of an order to grant the employee a day of rest for work on a non-working holiday

Granting an employee another day of rest for work on a non-working holiday is issued by order of the employer on personnel. The order is issued in free text form on the form of orders for personnel developed by the employer.

Step 1We draw up a draft order to grant the employee a day of rest for work on a non-working holiday

The employer's order indicates the date of "time off" and a non-working holiday, for work on which a day of rest is provided.

The basis for issuing an order is the completed documents - the employee's application and (or) other documents listed in Stage 1.

Step 2 We sign an order to grant the employee a day of rest for work on a non-working holiday

The order is signed by the head of the organization or other authorized official.?

Step 3 We register an order to grant the employee a day of rest for work on a non-working holiday

The order must be registered in a special registration form, for example, in the Journal of registration of orders for personnel.

Relevant registration number and the date of registration are affixed to the order.

Step 4 We introduce employees against signature with the order to provide the employee with a day of rest for work on a non-working holiday

With the order to grant a day of rest for work on a non-working holiday, the employee must be familiarized against signature.

Also, all interested officials should be familiarized with this order. In our example, this could be the leader exhibition center, Chief Accountant and etc.

Step 5 We send an order to grant the employee a day of rest for work on a non-working holiday in business

Orders for personnel are stored separately from orders for core activities. At the same time, orders for personnel with different retention periods should be formed into separate cases.

About the direction of the order to provide the employee with a day of rest for work on a non-working holiday, a note is made in the case in the lower left corner of the order.

Information about sending an order to the case can also be reflected in the registration form (see the example above).

Stage 4 Registration of the time sheet

The employer is obliged to keep records of the time actually worked by each employee. Information about the employee's use of the rest day for work on a non-working holiday must be recorded in the time sheet.

To record the time actually worked by an employee before January 1, 2013, all employers used a timesheet and payroll calculation or a timesheet with automated processing of credentials, unified forms No. T-12 or No. T-13 of which are approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1.

After January 1, 2013 subject to the requirements federal law dated 06.12.2011 No. 402-FZ “On Accounting”, unified forms are used by public sector organizations. Commercial organizations must apply their own forms of primary accounting documents for recording labor and its payment, in particular, the forms of the time sheet. When designing your forms personnel documents employers - commercial organizations can take as a basis the previously used unified forms, reworking them at their discretion.

In our example, time tracking is shown using Form No. T-13.

Please note: in the time sheet, the other day of rest provided to the employee should be indicated by the same code as the “normal” day off. In our example, this is the code "B". It is not allowed to use the code "НВ" (additional day off (without pay)) in a situation where the employee is given not an additional, but another day of rest, as this will lead to a violation of the labor law on the provision of compensation to the employee for work on non-working holiday.

Applications:

An example of a memo about the need to work on a day off

An example of a payroll notice

An example of an employee's application for increased pay for work on a day off

An example of an employee's application for an additional day of rest as compensation for working on a day off

An example of drawing up an order to attract to work on a day off

Reflection of information about work on weekends in the time sheet

Journal: Directory of personnel officer, As of: 05/06/2013, Year: 2013, Number: No. 6

• HR and Labor Law

Many citizens are forced to work on weekends or holidays, as the employer insists on this. For such activities, the head of the enterprise is obliged to provide employees with the opportunity to take additional time off or receive double pay. Most often, citizens prefer to take time off for work on weekends. Therefore, you should understand how they are properly drawn up, what documents are issued by the employer, and also when exactly a hired specialist can rest.

Rules for compensation for extracurricular work

When compiling employment contract all the rules of cooperation with a particular employee are stipulated. A special work schedule is formed for him, on the basis of which he is required to go to work. But often the employer insists that the employee work on his day off or on a holiday. For such extracurricular work, appropriate compensation should be offered, and the direct worker himself chooses the method:

• receiving double pay for hours worked;
• taking time off from work on weekends Labor Code RF.

The direct procedure for attracting a citizen to extracurricular work assumes that initially the employee receives a written document with a proposal to go to work on a day off. If a citizen signs this document, then he confirms his consent to extracurricular work. The head of the company issues an appropriate order, after which he is obliged to provide compensation to the employee.

What kind of compensation is chosen?

Based on Art. 153 of the Labor Code determines how much should be paid to an employee who agreed to work on a day off. The minimum wage for such a day is equal to twice earnings.

Often a fixed amount of payment is established by the collective agreement of the company or even by internal regulations. At the request of the employee, instead of payment, he is provided with paid time off for work on a day off. For this, absolutely any convenient day is chosen when a citizen wants to fully relax. All you need to do is write a good application in advance.

Nuances of getting a day off

Time off for work on weekends is preferred by many official employees of enterprises. They make it possible to fully relax on any convenient day. An additional day of rest is provided under the following conditions:

• a citizen previously worked on his day off or on a holiday;
• was on a business trip for a long time, so he had a lot of days off, during which he performed official duties;
• work was done overtime;
• on a day off, a citizen donated blood.

A day off is not a type of vacation, and is also not considered a specific state support. It is provided to every citizen who has the right to rest, for which it is enough just to write an application for time off for the previously worked time, which indicates exactly when the applicant plans to rest.

Design rules

If a person previously worked on a weekend or holiday, then he has the right to take time off at any time. Immediately upon signing the notice received from the employer, he can indicate on which day he plans to rest. Therefore, when issuing an order, the head of the company can prescribe when additional time for rest will be provided. Under such conditions, it will not be necessary to issue another order in the future.

Orders are drawn up in any form. If a document is formed on the basis of which an employee is sent on vacation for the previously worked time, then the employee’s signature is put on it.

How is it reflected in the spreadsheet?

The provision of time off for work on weekends is necessarily reflected in the company's report card. When making an entry, the following information is indicated:

• it is prescribed that the employee was sent on vacation on the basis of a specific order, and his details must be given in the report card;
• if a standard time sheet is used in the form T-12 or T-13, then the codes "HB" or "28" are put;
• if the company uses special timesheets developed by it on its own, then a code is invented, meaning that the employee was sent on time off based on previously worked hours;
• it is allowed to use generally accepted codes;
• situations are not uncommon when the employer does not issue an order to send a hired specialist on time off, therefore the time sheet indicates that the employee came to work at the set time, but the employer may be held liable for such actions, therefore this method is rarely used by firms.

It is advisable for the company to properly arrange time off for work on weekends. If the report card contains information that the employee was at work on a particular day, and at the same time an accident happens to him or he commits illegal actions, then the company may be held criminally liable.

Nuances for budgetary organizations

In budgetary organizations, the accounting of the working time of employees is carried out using a special time sheet in the form 050421. This document does not provide for the presence of special marks indicating the employee's time off. Therefore, each organization independently determines how time off for previously worked time will be reflected in the document. The Labor Code of the Russian Federation does not contain specific requirements for this process.

Most often in budget institutions a special order is issued, on the basis of which special designations or codes are introduced.

Offset rules

The law does not contain exact terms during which an employee can apply to the manager for a day off for work on weekends. Therefore, hired specialists independently decide on this issue. But at the same time, it is important that previously a citizen does not receive double pay for his overtime work.

You can use the right to time off in the same month when work was performed on a weekend or holiday, and you can also contact your employer for rest in subsequent periods. Typically, business leaders require that the day off be completed calendar year. Regardless of the choice of the employee, his salary is not reduced.

The specifics of the use of time off

Making a day off for work on a day off implies that a full day is provided, regardless of how much time was spent by a citizen on work duties on a day off. Even if only two hours were worked that day, the employee can count on a day off during the day.

If an employee works on the basis of a fixed-term employment contract, the duration of which does not exceed two months, then he is not provided with time off, therefore, only monetary compensation is paid for working on a day off.

Accounting rules in 1C

Many companies use the 1C program to record various information, so the accountant must know how time off is correctly reflected. With this program, you can calculate wages each employee, determine the length of the working day and length of service, and also through it the salary for work on the weekend is doubled.

When entering data into the program, take into account following rules:

• it is prescribed whether the employee uses monetary compensation or additional time off;
• if a day off is selected, then the standard number of working hours actually worked by a specialist is stored in the accumulation system;
• data from the order and application are entered, which leads to the automatic write-off of the required number of hours from the reserve.

Time off is included in the total work experience of the employee.

How is unused time off compensated upon dismissal?

If a person who has the right to time off for previously worked time has a need to quit the company, then he considers in advance the possibility of receiving various compensations. He usually has unused vacation days. Based on Art. 127 of the Labor Code, he may demand compensation for such days in the form of a cash payment.

But time off does not equate to vacation, so this rule does not apply to them. If you decide to quit, it is advisable to take care in advance to take advantage of these days of rest. Payment for time off for work on a day off is not assigned upon dismissal, so these days simply disappear.

You can take advantage of these rest days even when you are dismissed at the initiative of the employer or when you are laid off. The head of the company must ensure that the employee has the opportunity to take time off before issuing a dismissal order.

Can an employer refuse?

The employer does not have the right to refuse to provide a day off for overtime work. By law, the head of the company must either pay compensation or offer a free day off. The choice of a specific option is carried out by a direct employee of the company.

The day of rest is chosen by the direct employee, so the employer cannot refuse. A citizen can change his mind, so instead of a day of rest, he may demand monetary compensation.

How many days off for work on a day off are provided?

For work on a weekend or holiday, an employee may require only one day of rest, and even in a situation where he copes with his labor duties in an hour.

Often, an employee accumulates several days off, so he may require the employer to provide an appropriate number of days off. The head of the company cannot refuse such a request.

Application rules

To use the day off, a citizen is required to write an application for time off for the previously worked time. There are no exact requirements for this process in the law, therefore it is allowed to draw up a document in free form. But at the same time, information must be entered into it:

• the name of the company where the applicant works;
• the full name and position of the citizen applying for time off is given;
• the name of the document submitted by the application is written;
• the reasons for registering the day off are entered, therefore it is indicated that the citizen previously worked overtime, therefore, based on the requirements of the law, he can count on an additional day of rest;
• references to relevant regulations are left;
• the exact date when the citizen wants to rest is indicated;
• the date of the application is written;
• signed by the applicant.

It is necessary to draw up a document in advance so that the employee’s vacation is not a surprise for the employer. Therefore, it is advisable to notify the head of the company about decision a few days before the actual day off. It is allowed to write a statement immediately before the day of rest, but only if there are good reasons, since the employer may react negatively to such behavior of his employee. This is due to the fact that the director may simply not have time to find another specialist to work on that day.

If the application is not drawn up correctly, then the absence of the employee at the workplace can be regarded as absenteeism, which is a serious violation internal regulations companies. Therefore, the employee can apply disciplinary action, which includes a reprimand or even dismissal in the presence of systematic violations.

Conclusion

If an employee is involved in overtime work on weekends or holidays, he can choose to receive monetary compensation or time off. An additional day of rest is issued at any time, so the employer cannot create obstacles.

To go on vacation, you need to make an application in advance. It contains information that the citizen previously worked overtime.

Getting a job, a person must certainly know his duties. But, along with this, do not forget about your rights. One of the rights of workers under the Labor Code of the Russian Federation is the right to time off. In order to take advantage of the additional day off, you should know to whom it is due under labor law, and under what circumstances.

Note

Previously, this concept was included in the labor code: time off was assigned to those who work more than indicated in their job responsibilities. The changes made to the Labor Code of the Russian Federation also affected this item. Now the employee is entitled to receive legal additional days off only in a number of certain cases.

What is a leave of absence and who is entitled to it?

Day off is considered a day off, which the employee receives for the performance of any overtime tasks. This day does not coincide with weekends according to the schedule. It is often attached to a vacation in order to extend it. Also, a day off according to the Labor Code of the Russian Federation can be taken during the working week, by agreement between the employee and the employer.

A worker may receive a day off if his work exceeded his official duties. There are several such situations.

• If he worked more than the allotted time.
• If you went to work on your legal day off.
• With the help of the employer during the holidays.
• For the excellent performance of their labor duties, as an encouragement.
• If the intensity of work exceeded the permissible norms, as compensation for hard work.
• For the performance of work that is not included in the list of labor duties of the worker, and was performed on a voluntary basis at the request of the employer.

All these examples can serve as a reason for the day off. According to the Labor Code of the Russian Federation, an employee has the right to choose in what form he will receive remuneration for work in excess of the established norm. Having started work duties on a day off, the worker has the right to count on double pay or receive money in a single amount, as for a normal working day, but with the right to take time off at any time at his discretion. However, this rule is valid with a 100% guarantee only when processing is documented, since the concept of time off is excluded from the Labor Code of the Russian Federation.

In what cases does an employer not have the right to refuse an employee a day off?

In the Labor Code of the Russian Federation, there are reasons why the employer is obliged to give the employee time off. These include:

• Wedding.
• The funeral.
• Donating blood.
• For the hours worked recorded in the time sheet.
• For going out on a day off by order.

Attention

Replacing time off with cash compensation

In agreement with the management, you can arrange additional days off and due leave cash. This is done when the company has enough funds to make additional payments and there is an urgent need for the employee to perform his job duties. An employee cannot demand a cash payment instead of a day off according to the Labor Code of the Russian Federation: according to the law, the manager has the right to refuse payments by releasing his subordinate on his legal leave.

The employer does not have the right to replace vacation with compensation in a number of individual cases:

• It is impossible to refuse leave, replacing it with compensation, even with the consent of the parties, if the employee is pregnant.
• Leave cannot be replaced by payments for more than two years in a row: the employee is obliged to use the leave at least once during this time.
• If labor activity is carried out in harmful or dangerous conditions.
• If the labor activity is carried out by a person who has not reached the age of majority: in our country, this definition means the age of 18 years.

These four cases are legally certified in the labor code as a reason for refusing to receive a cash payment instead of a vacation. The leader cannot infringe on the rights of his subordinates, for this he will have to suffer the appropriate punishment. Even despite the fact that this happens by mutual agreement of the parties.

Additional Information

Another example when it is impossible to replace vacation with monetary compensation: according to the law on the protection of persons who were exposed to radiation as a result of a disaster at Chernobyl nuclear power plant, the leave laid down by him cannot be converted into a monetary equivalent.

When are days off available?

Time off according to the Labor Code of the Russian Federation, laid down for assigned to the employee additional responsibilities or the exercise labor activity outside working hours, is appointed differently, depending on the specific situation. For example, citizens working on a rotational basis, in accordance with the Labor Code of the Russian Federation, are entitled to additional days off attached to the time of their rest. Also, workers on a rotational basis have the right to count on monetary compensation for processing. In their case, processing has a special character: those working on a rotational basis work for 10-12 hours for months, having at best 1 day off per week. Such processing imposes an obligation on management to adequately compensate for significant processing. This is necessary for the workers to recuperate before the next shift.

Additional Information

Unlike days off, which are determined by calendar state days or are compiled according to the needs of this particular enterprise, time off is more difficult to regulate. Usually they are provided to the employee as needed: when you need to leave for family reasons. The time for this is agreed between the boss and the subordinate, taking into account the wishes of the worker and the factors of production necessity.

How to take a leave?

The Labor Code does not provide for overtime compensation, for this reason there is no specific form by filling out which one could document time off at any enterprise. Each organization has the right to independently decide what the procedure for registration will be. The office worker must record all cases of overtime work of employees, their reasons and form of compensation.

If a worker wants to take advantage of an unofficial day off for processing, he needs to write an application.

In addition to the application for time off under the Labor Code of the Russian Federation, the employer in without fail issues an order stating the time of rest and the reason. Otherwise, if an accident occurs to the employee during his absence from the workplace, the employer will bear responsibility for it. Official registration is not carried out if the employee's employment contract already displays his additional day off. In this case, there is no need for an order for time off: the absence of a subordinate at the workplace has already been documented. Order example:

In a number of individual situations, processing is the direct responsibility of the worker.

• Elimination of the consequences of catastrophes or other consequences of a destructive force that endanger and harm others.
• Prevention of criminal activity, the consequences of which may affect the life, health and well-being of citizens.
• Performing work that is necessary and included in labor duties when a state of emergency is introduced in a certain area or country.

IMPORTANT

The refusal of an employee to perform his duties in one of these situations or unauthorized leaving will entail serious consequences. This may be a disciplinary action or. Most often, this is acceptable for military personnel liable for military service during the introduction of martial law. Also, it is suitable for employees of the army, police, Ministry of Emergency Situations, doctors.

Time off at your own expense according to the Labor Code of the Russian Federation

If an employee urgently needs a day off, he has the right to ask to be released at his own expense. There can be many reasons for this.

• Illness of one of the relatives, when personal care is needed for the sick.
• The need to leave for a while due to personal circumstances.
• Poor health caused by a busy work schedule: the desire to relax without using sick leave.
• The need to devote more time to part-time work: reporting period, inspections.
• September 1, when you need to accompany the children to school and personally attend the line.
• Disciplinary meetings of parents at school.
• A situation where the director of the school where the children of the worker are studying insists on his personal presence during working hours.
• Wedding of children, relatives, close friends.
• Funeral of relatives, close people.
• Serious emotional upheaval, when the employee is morally unable to perform his duties.
• Other personal circumstances.

All this may cause the employee to ask for leave at his own expense. The immediate supervisor has the right to refuse, since none of these reasons legally restricts his actions. The following circumstances may affect the refusal of the management in the request to take time off under the Labor Code of the Russian Federation at their own expense for one or several days:

• The employee often goes on sick leave and takes time off.
• By necessity.
• The period of inspections, submission of reports.
• A situation where a particular employee is irreplaceable due to their skills and official duties.
• Frequent violation of internal regulations by the employee.
• The personal attitude of the head to the subordinate, associated with his behavior, quality of work or other circumstances.

Any of the above reasons may contribute to management's decision to deny an employee additional leave at their own expense. Since the concept of time off is not in the labor code of our country, the actions of an employee are very limited.

In this case, it is better to leave a few days from your vacation, starting duties ahead of schedule. The employee has the right to use unused vacation days at his own discretion at any time.

Another way out of the situation: the official registration of processing. As mentioned above, for this an order must be drawn up without fail: this is beneficial to both the employee and management team. This document will help the authorities to avoid liability in case an employee is injured during an unregistered time off, and the employee will be able to use compensation for time off under the Labor Code of the Russian Federation at his own discretion: choose a double pay rate or a single standard pay for working hours with the possibility of time off. When there is such an order, the employee can be sure that he will not be denied a request to leave work for personal reasons. In addition, it will not be a vacation at your own expense, but a well-deserved paid day off.

A worker can arrange a day off at his own expense for no more than 14 days a year. They can be connected or scattered on different dates throughout the year. If the number of unpaid days off exceeds the aforementioned period, these days are deducted from his length of service. This fact will have an impact on the formation of pension payments in the future. From seniority all days in excess of the 14 days allowed by law will be removed.

Vacation at your own expense

If the day off is not formalized, according to labor law Russian Federation it is considered a truant. Both parties can be held responsible for this: if something happens to an employee, the organization will be responsible, in the report card of which it is indicated that the employee was at the workplace. An employee can easily receive official absenteeism with a warning and entry in a personal file. Even if it was the verbal permission of the authorities. This is a subtle point that is better to be assured on paper in order to avoid problems.

If it is necessary to leave the workplace for several days without saving wages, the employee writes a statement, which is signed by the head of the organization. After, on the basis of this document, an order is drawn up, with which the employee must familiarize himself and put his signature on it. The order will be in the personal file of the employee.

Sample application for leave at your own expense:

What to do if an employee needs to take a day off, but management refuses?

The situation when the employer does not take into account the wishes of the employee, acting in the interests of production, is not uncommon. Most often, he has good reasons for this, related to production needs. An employee in this situation has three possible options developments

Option number 1.

The employee agrees with the manager, and remains at the workplace to fulfill his duties. This option is acceptable if the need for a vacation of one or more days is not urgent, and the situation at the workplace really requires his personal presence at the designated time. When the work is important and loved, the employee will take into account not only his own needs, but also the needs of the team and management in the performance of his job duties.

Option number 2.

The employee and his manager agree on a compromise way out of the situation. This may be the transfer of time off for a period when its absence will not affect the work process. Or an employee goes on a part-time job to fulfill his duties and go about his business. It is also possible to agree that the necessary labor activity will be performed by another employee or a person from outside. This is possible in a number of individual cases.

In this situation, both sides compromise. This will help not only to maintain a warm relationship between the employee and the subordinate, but also to get out of a difficult situation with the least losses on both sides. Having made a compromise, the employer makes it clear that not only the work of the employee is important for him, but also himself. By this act, he shows his location. It would be unwise not to accept such an offer, unless there are serious reasons for it.

Option number 3.

If an employee still needs to leave workplace on the day when, according to the report card, he should be present, there is a loophole. If the boss refuses to take time off, does not compromise for one reason or another, the employee can become a blood donor that day. This is the only option according to the Labor Code of the Russian Federation, when his absence from the workplace will be documented justified. This will help him avoid absenteeism with entry into a personal file.

What should not be done if the authorities refuse to leave at their own expense:

• Making a scandal will only spoil relations with superiors, put them in a bad light. There will be no productive help from this action.
• In the heat of writing a letter of resignation - later you will have to regret it. Such a decision should be made without emotion, with a cold head, with consideration of the consequences and further actions.
• To leave on their own, despite the refusal of the authorities - absenteeism will be immediately entered into the employee's personal file. Three absenteeism is a reason for dismissal under the article, after which it will be very difficult to get a job.

Note

Any issue can be settled peacefully. Do not forget that the manager is obliged to act in the interests of production, otherwise he will be replaced in his post by another, more executive employee. An employee who has received a refusal in a request to let him go on vacation at his own expense or take time off under the Labor Code of the Russian Federation should understand this and not accept the refusal at his personal expense.

Thus, while working at a particular enterprise, you should be aware of your labor rights to use it to your advantage if necessary. Employers often take advantage of the fact that their subordinates do not know their rights. This should not be abused either, since many professions involve processing initially. This is due to the nature of the duties. First of all, this applies to all military and medical workers. Such professions are not just a job, but a way of life. This needs to be understood before enrolling in one of these specialties. Otherwise, you need to know your rights and apply as necessary. For this, the Labor Code of the Russian Federation exists.

Work processes can not always proceed strictly within the framework of a strictly established schedule.

Sometimes an employer just needs to call one or more workers on weekends to do urgent work. Of course, such work is paid in excess of the established norms and, moreover, it allows you to receive not only payment, but also time off.

Registration of work on weekends, as well as its further compensation in the form of time off or time off, is regulated by the Labor Code of the Russian Federation.

Article 153 of the Labor Code of the Russian Federation indicates that work performed on a weekend or holiday must be paid according to other criteria. For the employer, the main thing is to clearly understand what is meant by the concept of a day off.

Each accepted employee has his own installed . This measure is not superfluous, because within the framework of one organization several regimes can operate at once. When an employee works at an office job and has a five-day working week, Saturday and Sunday are considered days off if there were no official state shifts. All holidays that are prescribed in the Labor Code, as well as those that are officially announced for the next year, are also considered days off. For employees who have special work schedules, for example, floating or rotational, days off are determined according to an individually set schedule. On holidays, they work or rest according to previously established criteria, and cannot claim to leave the workplace due to the red date in the calendar.

It is possible to attract an employee to work on his legal day off only with his consent and in the event of a production need. However, it is worth remembering that any such attraction will result in increased payments for the employer himself, regardless of what was the reason for calling the employee to work after hours.

Payment amount

Payment for time off for work on a day off is a separate article of the Labor Code of the Russian Federation, namely.

According to its norms, payment for labor activity carried out on a legal weekend or holiday is made in the following minimum amounts:

1. Those who receive piece rates should count no less than double the rates.
2. Those who are billed by the hour or by the day are charged a double rate for one hour or one day.
3. Recipients should calculate the share of salary for overtime worked and multiply it by two. If the work was performed within the framework of the norm established per month, then payments are made in a single amount.

Article 153 of the Labor Code of the Russian Federation establishes the obligatory double payment for all hours of work that fall on weekends or holidays. But it also contains a clause that states that other standards may be established by the employer in the collective agreement. The clauses of the collective agreement must be agreed upon with representatives of the work team and not conflict with legislative norms. The norms prescribed in the Labor Code of the Russian Federation cannot be reduced, but you can increase them at your discretion in an unlimited amount.

Employees creative professions they work, as a rule, on weekends and holidays, they are not subject to Article 153 of the Labor Code.

The article itself states that the amount of payment creative people determined by the Russian tripartite commission, as well as local documentation, taking into account the List of professions approved by the Government of the Russian Federation.

What do you prefer - time off or pay?

If the employee himself expresses such a desire, then the employer is obliged to provide him. You can take time off for a period equivalent to hours worked, but no more.

When solving the dilemma of which is preferable - time off or payments, you should pay attention to the rules for providing both:

1. The increased pay is for all hours of overtime work performed on weekends or holidays. It is accrued in the general manner when calculating wages, and is paid together with it.
2. is taken at the request of the employee himself and at the same time does not cancel the payment for the work performed. However, payments, when issuing time off, are accrued in a single amount.

The advantage of the day off is that it can be taken as needed. However, the law allows no more than one calendar year for sampling accumulated hours off. If the right to rest is not exercised, then when the new calendar year begins, it is lost. Most employers do not give employees the right to choose and appoint themselves either increased pay or time off. It should be clearly understood that this state of affairs is a severe violation of the rights of a working person.

At many enterprises, an unspoken law has been adopted that days off, which are less than 4 hours in duration, are usually not issued, but simply paid at an increased rate.

The procedure for granting time off

The employer is obliged to issue an order for out-of-hours work. Only the presence of a written order will allow the employee to subsequently use all the benefits specified in Article 153. If there is no order, then the law will consider that the employee arbitrarily went to the workplace, and such an exit does not give grounds for increased payments and time off.

When writing an order, the employer can, in agreement with the employees, immediately prescribe the date of the weekend provided in return. If such a note is present at the disposal, then on the appointed day the employee does not go to his workplace, and a mark on the official time off is put in his report card.

When the order is not strictly due date day off or does not stipulate compensation at all, the employee writes, in which he expresses a request for the issuance of a free day or hours in return for those worked.

The date of the free day must be agreed in advance with the immediate supervisor. If he does not object to the absence of the employee on the specified day, he must put his resolution about it. The endorsed application is sent for signature to the director of the enterprise and only after its approval is considered approved. The submitted application is fixed by the issued order, indicating the date of the off-hour day off and the reason for its provision.

You will be interested

Many citizens are forced to work on weekends or holidays, as the employer insists on this. For such activities, the head of the enterprise is obliged to provide employees with the opportunity to take additional time off or receive double pay. Most often, citizens prefer to take time off for work on weekends. Therefore, you should understand how they are properly drawn up, what documents are issued by the employer, and also when exactly a hired specialist can rest.

Rules for compensation for extracurricular work

When drawing up an employment contract, all the rules for cooperation with a particular employee are stipulated. A special work schedule is formed for him, on the basis of which he is required to go to work. But often the employer insists that the employee work on his day off or on a holiday. For such extracurricular work, appropriate compensation should be offered, and the direct worker himself chooses the method:

• receiving double pay for hours worked;
• registration of time off for work on weekends according to the Labor Code of the Russian Federation.

The direct procedure for attracting a citizen to extracurricular work assumes that initially the employee receives a written document with a proposal to go to work on a day off. If a citizen signs this document, then he confirms his consent to extracurricular work. The head of the company issues an appropriate order, after which he is obliged to provide compensation to the employee.

What kind of compensation is chosen?

Based on Art. 153 of the Labor Code determines how much should be paid to an employee who agreed to work on a day off. The minimum wage for such a day is equal to twice earnings.

Often a fixed amount of payment is established by the collective agreement of the company or even by internal regulations. At the request of the employee, instead of payment, he is provided with paid time off for work on a day off. For this, absolutely any convenient day is chosen when a citizen wants to fully relax. All you need to do is write a good application in advance.

Nuances of getting a day off

Time off for work on weekends is preferred by many official employees of enterprises. They make it possible to fully relax on any convenient day. An additional day of rest is provided under the following conditions:

• a citizen previously worked on his day off or on a holiday;
• was on a business trip for a long time, so he had a lot of days off, during which he performed official duties;
• work was done overtime;
• on a day off, a citizen donated blood.

The day off is not a type of vacation, nor is it considered a form of government support. It is provided to every citizen who has the right to rest, for which it is enough just to write an application for time off for the previously worked time, which indicates exactly when the applicant plans to rest.

Design rules

If a person previously worked on a weekend or holiday, then he has the right to take time off at any time. Immediately upon signing the notice received from the employer, he can indicate on which day he plans to rest. Therefore, when issuing an order, the head of the company can prescribe when additional time for rest will be provided. Under such conditions, it will not be necessary to issue another order in the future.

Orders are drawn up in any form. If a document is formed on the basis of which an employee is sent on vacation for the previously worked time, then the employee’s signature is put on it.

How is it reflected in the spreadsheet?

The provision of time off for work on weekends is necessarily reflected in the company's report card. When making an entry, the following information is indicated:

• it is prescribed that the employee was sent on vacation on the basis of a specific order, and his details must be given in the report card;
• if a standard time sheet is used in the form T-12 or T-13, then the codes "HB" or "28" are put;
• if the company uses special timesheets developed by it on its own, then a code is invented, meaning that the employee was sent on time off based on previously worked hours;
• it is allowed to use generally accepted codes;
• situations are not uncommon when the employer does not issue an order to send a hired specialist on time off, therefore the time sheet indicates that the employee came to work at the set time, but the employer may be held liable for such actions, therefore this method is rarely used by firms.

It is advisable for the company to properly arrange time off for work on weekends. If the report card contains information that the employee was at work on a particular day, and at the same time an accident happens to him or he commits illegal actions, then the company may be held criminally liable.

Nuances for budgetary organizations

In budgetary organizations, the accounting of the working time of employees is carried out using a special time sheet in the form 050421. This document does not provide for the presence of special marks indicating the employee's time off. Therefore, each organization independently determines how time off for previously worked time will be reflected in the document. The Labor Code of the Russian Federation does not contain specific requirements for this process.

Most often, a special order is issued in budgetary institutions, on the basis of which special designations or codes are introduced.

Offset rules

The law does not contain exact terms during which an employee can apply to the manager for a day off for work on weekends. Therefore, hired specialists independently decide on this issue. But at the same time, it is important that previously a citizen does not receive double pay for his overtime work.

You can use the right to time off in the same month when work was performed on a weekend or holiday, and you can also contact your employer for rest in subsequent periods. Typically, business leaders require that the day off be issued before the end of the calendar year. Regardless of the choice of the employee, his salary is not reduced.

The specifics of the use of time off

Making a day off for work on a day off implies that a full day is provided, regardless of how much time was spent by a citizen on work duties on a day off. Even if only two hours were worked that day, the employee can count on a day off during the day.

If an employee works on the basis of a fixed-term employment contract, the duration of which does not exceed two months, then he is not provided with time off, therefore, only monetary compensation is paid for working on a day off.

Accounting rules in 1C

Many companies use the 1C program to record various information, so the accountant must know how time off is correctly reflected. With the help of this program, you can calculate the salary of each employee, determine the length of the working day and length of service, and also through it the salary for working on a weekend is doubled.

When entering data into the program, the following rules are taken into account:

• it is prescribed whether the employee uses monetary compensation or additional time off;
• if a day off is selected, then the standard number of working hours actually worked by a specialist is stored in the accumulation system;
• data from the order and application are entered, which leads to the automatic write-off of the required number of hours from the reserve.

Time off is included in the total work experience of the employee.

How is unused time off compensated upon dismissal?

If a person who has the right to time off for previously worked time has a need to quit the company, then he considers in advance the possibility of receiving various compensations. He usually has unused vacation days. Based on Art. 127 of the Labor Code, he may demand compensation for such days in the form of a cash payment.

But time off does not equate to vacation, so this rule does not apply to them. If you decide to quit, it is advisable to take care in advance to take advantage of these days of rest. Payment for time off for work on a day off is not assigned upon dismissal, so these days simply disappear.

You can take advantage of these rest days even when you are dismissed at the initiative of the employer or when you are laid off. The head of the company must ensure that the employee has the opportunity to take time off before issuing a dismissal order.

Can an employer refuse?

The employer does not have the right to refuse to provide a day off for overtime work. By law, the head of the company must either pay compensation or offer a free day off. The choice of a specific option is carried out by a direct employee of the company.

The day of rest is chosen by the direct employee, so the employer cannot refuse. A citizen can change his mind, so instead of a day of rest, he may demand monetary compensation.

How many days off for work on a day off are provided?

For work on a weekend or holiday, an employee may require only one day of rest, and even in a situation where he copes with his labor duties in an hour.

Often, an employee accumulates several days off, so he may require the employer to provide an appropriate number of days off. The head of the company cannot refuse such a request.

Application rules

To use the day off, a citizen is required to write an application for time off for the previously worked time. There are no exact requirements for this process in the law, therefore it is allowed to draw up a document in free form. But at the same time, information must be entered into it:

• the name of the company where the applicant works;
• the full name and position of the citizen applying for time off is given;
• the name of the document submitted by the application is written;
• the reasons for registering the day off are entered, therefore it is indicated that the citizen previously worked overtime, therefore, based on the requirements of the law, he can count on an additional day of rest;
• references to relevant regulations are left;
• the exact date when the citizen wants to rest is indicated;
• the date of the application is written;
• signed by the applicant.

It is necessary to draw up a document in advance so that the employee’s vacation is not a surprise for the employer. Therefore, it is advisable to notify the head of the company about the decision made a few days before the immediate day off. It is allowed to write a statement immediately before the day of rest, but only if there are good reasons, since the employer may react negatively to such behavior of his employee. This is due to the fact that the director may simply not have time to find another specialist to work on that day.

If the application is not drawn up correctly, then the absence of the employee at the workplace can be regarded as absenteeism, which is a serious violation of the company's internal regulations. Therefore, a disciplinary sanction may be applied to the employee, which includes a reprimand or even dismissal in the presence of systematic violations.

Conclusion

If an employee is involved in overtime work on weekends or holidays, then he can choose monetary compensation or time off. An additional day of rest is issued at any time, so the employer cannot create obstacles.

To go on vacation, you need to make an application in advance. It contains information that the citizen previously worked overtime.