The employee asked for 2 hours off how to issue. How to take time off from work. Vacation leave application

V. V. Danilova

expert of the magazine "HR department of a commercial organization"

Most workers work five days a week for eight hours. And it is no wonder that they physically do not have time to go to the clinic, the housing office, to the child's school - after all, the opening hours of these institutions are almost the same. I don’t really want to write a day off because of the parent meeting, most often the employees simply take time off from work. In this regard, the employer has many questions: how to deal with the payment of absence time, how to take it into account, whether it is necessary to draw up, etc. Read the article and you will find answers to these and some other questions.

Indeed, “begging” from work is not uncommon. Basically, employees ask to let them go for a couple of hours or half a day. Sometimes, of course, they ask for more time - a day or even two.

Let us say right away that this situation is not regulated by either the Labor Code or any other acts containing labor law norms. Therefore, the decision on the issue of registration and payment for the absence of an employee who has taken time off depends on various circumstances.

If an employee asks for an hour or two off

First of all, we note that if an employee decides to leave for personal business at lunchtime, then he does not need to take time off from work. Breaks during the working day (shift), including for rest and meals, are referred to as rest time (Article 107 of the Labor Code of the Russian Federation). And according to Art. 106 of the Labor Code of the Russian Federation, rest time is the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. Thus, during lunch, an employee can leave work and resolve their issues without the consent of the employer.

If you need a couple of hours during working hours, you need a corresponding application from the employee addressed to the head of the organization. You will say: why multiply pieces of paper, because you can verbally inform your immediate supervisor and that's it? We believe that a statement is still required. On it, if the head agrees, the corresponding visa, the signature of the head and the date are affixed. In this case, the employee will be sure that his absence will not be regarded as a violation of labor discipline, and the employer will find out that the employee has left. There is no need to issue an order.

For your information

Absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as more than four hours in a row during the working day (shift) is considered absenteeism.

Judicial practice also speaks of the need for a statement. So, the employee was fired for absenteeism. Disagreeing, he went to court with a claim for reinstatement, motivating his demands by the fact that he took time off from work from the director. The court, examining the case materials, did not find confirmation of this fact, since the employee did not apply to the employer with any written statements about the need for absence, for example, about granting leave without pay. Accordingly, the dismissal was recognized as legal (Appeal ruling of the Krasnoyarsk Regional Court dated September 19, 2016 in case No. 33‑12406/2016).

Note that the absence upon application must be recorded in the time sheet, because the employer is obliged to keep accurate records of the working time worked by each employee. The period of absence is taken into account when calculating the employee's salary.

If an employee asks for a day off

There are different design options available here:

leave without pay;

annual paid vacation;

Let's consider these options.

Leave without pay

Based on Part 1 of Art. 128 of the Labor Code of the Russian Federation for family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. As you can see, the legislation does not establish any minimum or maximum duration of such leave. This means that unpaid leave can be granted for any period that the parties to the employment contract agree on, even for one day.

As can be seen from the wording of the norm, the provision of such leave is a right, not an obligation, and if the employer considers the reason to be disrespectful, he may refuse to give the employee unpaid leave. At the same time, it must be remembered that there are categories of employees to whom the employer has no right to refuse this. In particular, on the basis of a written application, the employer is obliged to provide such leave:

working old-age pensioners (by age) - up to 14 calendar days a year;

working disabled people - up to 60 calendar days a year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days;

in other cases provided for by the Labor Code of the Russian Federation, other federal laws or a collective agreement.

If the employee, without waiting for the approval of unpaid leave for one day, does not go to work, and the employer refuses to provide such leave, absence from work can be regarded as absenteeism (appeal rulings of the Krasnoyarsk Regional Court dated September 19, 2016 in case No. 33-12406 /
2016, Rostov Regional Court dated August 15, 2016 in case No. 33-
14008/2016 and others).

So, such a vacation is issued as follows:

1. The employee writes a statement addressed to the head of the organization, in which he indicates the date of vacation and the reasons why it is required. If the application is written for several hours, you need to specify specific hours.

2. The manager affixes the visa “Agreed” or “I do not mind” on the application, and in case of refusal to grant leave - “Refuse”.

3. If the head of the company agrees:

- an order is issued to grant leave without pay (with such an order the employee must be familiarized with the signature);

- a personal card is filled out (form T-2) - it is necessary to keep a record of the number of days of unpaid leave, since the length of service for providing annual paid leave depends on this;

- Completing the time sheet.

The question of paying for the day on which the employee is granted unpaid leave disappears by itself, since everything is clear from the name of the latter.

Annual paid vacation

Each employee is guaranteed annual paid leave, which is provided in accordance with the vacation schedule, which is mandatory for both employees and employers (Article 123 of the Labor Code of the Russian Federation).

note

The vacation schedule is approved no later than two weeks before the new year, taking into account the opinion of the elected body of the primary trade union organization.

At the same time, nothing prevents the granting of annual leave outside the schedule if the employee and the employer have agreed on this. We add that, as a general rule, vacation can be divided into parts, one of which is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). But the rest can be used as agreed by the employee and the employer. Therefore, the provision of one day of annual paid leave is quite legal.

To apply for annual leave for one day (if the employer agrees), you need:

1. Receive a statement from the employee, which indicates the specific desired day.

2. Issue an order to grant annual leave.

3. Make appropriate notes in the time sheet.

Note that in the case of registration of annual paid leave for one day, there may be difficulties associated with the payment of vacation. In particular, according to Art. 136 of the Labor Code of the Russian Federation, vacation must be paid no later than three days before it starts. Moreover, this rule applies to vacation of any duration, for a day or two weeks the employee goes to rest - it does not matter.

Therefore, the provision of one day of annual leave is convenient if the employee knows in advance that he needs to leave on such and such a date. However, in most cases, employees are asked to leave spontaneously, when certain circumstances arise.

time off

Despite the fact that the Labor Code does not define the concept of "time off", according to established practice, time off is considered to be rest provided as compensation for work or duty outside of working hours. Leave should not be confused with unpaid leave, since it is not provided as compensation for something, but for personal reasons that employees have, or by virtue of the law.

Labor legislation provides for several cases when an employer must provide an employee with a day off for work outside of working hours. (We will present them in the form of a diagram on page .)

The procedure for processing the provision of time off is as follows: the employee writes a request for a day of rest, indicating the reasons, for example, for overtime work or work on a day off. (Donors must attach a certificate confirming the fact of blood donation to the application.) On the basis of such an application, an order is issued, with which it is necessary to familiarize the employee with a signature.

Of course, you need to make notes in the time sheet:

- additional days off without pay are indicated by the letter code "HB" or the digital "28";

- a day of rest for donor workers - the letter code "OB" or the digital "27" (additional paid day off).

When called upon to work overtime		By virtue of Art. 152 of the Labor Code of the Russian Federation, the first two hours of overtime work are paid at least one and a half times, the next - at least double the amount. At the request of the employee, overtime work instead of increased pay can be compensated by providing additional rest time, but not less than the time worked overtime, while rest time is not subject to payment
When recruited to work on a weekend or non-working holiday		In accordance with Art. 153 of the Labor Code of the Russian Federation, work on a weekend or non-working holiday is paid at least double the amount. At the request of the employee who worked that day, he may be given another day of rest. In this case, work on a weekend or holiday is paid in a single amount, and the day of rest is not subject to payment.
When an employee donates blood and its components		According to Art. 186 of the Labor Code of the Russian Federation, if an employee went to work on the day of donating blood and its components, as well as on the day of the associated medical examination, he is given another day of rest at his request. In the case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday, the employee, at his request, is provided with another day of rest. In addition, after each day of donating blood and its components, an additional day of rest is provided.
For processing time within the work schedule when working on a rotational basis		Due to the increase in working hours and reduction of rest time during the shift period, employees usually accumulate overtime hours, which are paid in the amount of the daily tariff rate, the daily rate (part of the salary (official salary) for the day of work). Overtime hours that are not multiples of a whole working day can be accumulated over the course of a year and summed up to whole working days, with the subsequent provision of additional days of rest between shifts. In this case, the hours of daily (between shifts) rest, as well as days of weekly rest, underused in this case, are summed up and provided in the form of additional days free from work (in the form of days of rest between shifts) during the accounting period

If an employee systematically asks for time off

There are workers who constantly need something. Such employees can be assigned part-time work. Article 93 of the Labor Code of the Russian Federation allows you to enter this mode of operation by agreement between the employee and the employer when hiring or in the course of employment.

Remuneration for part-time work is made in proportion to the hours worked or depending on the amount of work performed. At the same time, work under such conditions does not entail any restrictions on the duration of the annual basic paid leave, the calculation of seniority and other labor rights.

To set part-time work, you must:

1. Conclude an additional agreement to the employment contract, in which to prescribe the specific start and end time of work, the duration of the working week and the period for which part-time work is set. This document is signed by both parties to the employment relationship.

2. Issue an order on the introduction of part-time work for a specific employee, indicating the reasons for this decision.

In addition, we note that the employer may offer to introduce part-time work, and the employee may refuse, believing that it is more profitable for him to write applications asking for unpaid leave. In this case, part-time work cannot be set.

So, if employees occasionally take time off during working hours on personal matters, this must be documented, at least with a statement with a management visa confirming permission to leave. If they are asked to take a day or two off, other options are possible - registration of a vacation, paid or unpaid. If the employee periodically takes time off, for example, every Tuesday and Friday for a certain number of hours, it may be worth considering introducing a part-time regime for him.

We have already learned the postulate "Time is money". Working time is the most expensive. Because it is during working hours that money is made. But, of course, a rare boss makes sure that each employee uses his working time efficiently. How to determine why employees are losing time and how to deal with it - read below.

There is no doubt that people have to work at work. Those who misuse their work time end up either sewing themselves up and spending more energy on things that could have been done before, or let down colleagues, bosses, or, even worse, clients. Even if problems are solved (and they are usually solved at the last moment), poor time management is a bad habit that harms the enterprise. Therefore, it must be eliminated. The question remains: how?

Since time is used by people, the reason must be sought in them. There are 5 groups of employees who "steal" working hours. And each of these groups requires a separate approach.

"Tomorrow-changes". A kind of Supermen on the inefficient use of working time. They do not have a sense of time, it seems to them that there is still a lot of it and everything can be done tomorrow. To this you can add family problems, non-work mood and a bunch of other factors that distract them and “force” them to postpone work for “later”. Maybe they just lack organization. As a result, “tomorrow-changes” do everything at the last moment and at the same time run around with round eyes and complaints like “I don’t have time for anything.” If they manage to do a good job, they will not fail to brag about it. "Tomorrow-men" need to show that the boss will forgive mistakes at the beginning or middle of work, and not at the end of it.

Perfectionists. Oddly enough, these valuable people also “steal” time and, as a result, money. Their unwillingness to show their own mistakes leads to the fact that the result of the work can be assessed as “excellent”, but a lot of time has been spent on it. For them, there is no “good” result, there is only “excellent”. They wait for approval of their actions, and criticism is terrible for them, if not deadly. Perfectionists need to be taught to take criticism calmly. Therefore, it will be better if their work is evaluated by a large number of employees. This will help them overcome their fear of job evaluation. Good reviews will instill confidence in perfectionists, and gradually they will stop wasting time on unnecessary “grinding” of details.

Failsafe. Half of the office can “ride” such employees, and all because they cannot refuse. Reliable, not wanting to incur the wrath of the boss, do their job and part of someone else's, if they are asked. It cannot be said that they experience pleasure in performing other people's duties, rather the opposite. Feeling that he was "imposed" additional work, a person gets angry, and in order to calm down, he begins to delve into every detail, spending precious time on this.

Reliable people need special attention: praise for the work done and explain that someone else's work should not become their concern. Everyone has their own responsibilities, and no one should do something for someone else, unless the authorities ask for it.

Proactive. The main thing for such employees is to do everything before everyone else. They "jump" ahead of the schedule, trying to show their efficiency and ability to keep everything under control. Of course, such people do not “steal” time, but in fact they are loners. They tend to have little interest in the success or failure of their colleagues. For this, they may be disliked in the team (who will like the “upstart”), and the very presence of such an employee weakens the team spirit of the team.

For such employees, the role of a mentor or any other position where they can feel like the owners of the situation is suitable. These people also need praise, and if their successes are noticed, they will crawl out of their skin to train others to do quality work.

Insolent. The real problem is leadership. The impudent ones include those employees who often ask for leave, are constantly late, citing poor traffic, complain about illnesses or dishonorable neighbors who “drown” them once every two weeks ... You can, of course, sympathize with them, but just leave it like that case is impossible. There are several effective methods for correcting such workers.

Timesheet. A simple but very effective means of stimulating you to get up early and not be late. All employees note the time of their arrival and departure. The manager can also keep his time sheet and compare records. So every latecomer will be obliged to record his guilt on paper.

Written request. Employees often ask for time off, hiding behind a "good reason"? Inform that now you will release them only if you see a written request. The number of "requests" will decrease dramatically.

In general, written reports and statements help to cope with many labor "misfortunes". A written report at the end of the month on the work done will show what was actually done and what was appearance. Here you can’t write beautifully about what doesn’t exist. Increases efficiency and job description, which clearly spells out all the actions of the employee according to his position.

And, of course, no one canceled the final planning meeting at the end of the week or month. In addition to the debriefing, at the planning meeting, you can also celebrate praiseworthy employees, as well as discuss plans for the next period.

In general, if employees have time to talk about nothing and aimlessly "surf" on the Internet, then they have little work. This will help to cope with a clear schedule of the working day. If possible, you need to ensure that every day the employee is busy with a certain task. If an employee or team is working on a large project, then you need to specify the deadlines for its completion and set the time for interim reports on the work done.

Unreasonable use of working time is the scourge of many enterprises. However, it can be eliminated. Someone needs to be praised, someone needs to be reined in. There is nothing difficult in this, and effective performers can be made from “unreasonable users”.

Registration of the absence of an employee during working hours at the workplace and his failure to fulfill the obligations stipulated by the employment contract in connection with this depends on the will of the parties to the employment contract. By agreement between the employee and the employer, unpaid leave of any duration, including several hours. The granting of such leave is formalized by order, if the document flow rules in force in the company require the issuance of an order when granting leaves, or the obligation to use unified forms of personnel documents is enshrined in the employer's accounting policy.

The parties may also come to an agreement on the establishment of an employee on a certain day part time. The issuance of any order in such a situation is not required, a written agreement of the parties is sufficient.

In any case, the time sheet reflects the time actually worked by the employee.

Let's explain. The duration of the working week, as well as daily work (shifts), the start and end time of work, the number of shifts per day, the alternation of working and non-working days are elements of the employee’s working time regime, which is established by the internal labor regulations, and if the employee’s regime differs from the general rules established with this employer - in the employment contract (Article 100 of the Labor Code of the Russian Federation).

At the same time, by virtue of Part 2 of Art. 21 of the Labor Code of the Russian Federation, the employee is obliged, in particular, to conscientiously fulfill his labor duties assigned to him by the employment contract, to comply with the internal labor regulations, and to observe labor discipline. As follows from Art. 91 of the Labor Code of the Russian Federation, during working hours, the employee is obliged to fulfill his labor duties.

Registration of the absence of an employee during working hours at the workplace and his failure to fulfill, in connection with this, the obligations stipulated by the employment contract, as we noted above, depends on the will of the parties to the employment contract.

So, according to part 1 of Art. 128 of the Labor Code of the Russian Federation for family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. In addition, the employer is obliged, on the basis of a written application from the employee, to provide leave without pay in the cases listed in Part 2 of Art. 128 of the Labor Code of the Russian Federation.

As follows from the above rules, in any case, the provision of leave without pay requires the appropriate expression of the will of the employee, expressed in writing. The employer is not entitled to independently qualify this or that period of an employee's absence from work as unpaid leave without an employee's application containing a request for such leave.

If the parties have reached an agreement on granting leave without pay (or the provision of such leave was demanded by an employee whom the employer cannot refuse by virtue of part 2 of article 128 of the Labor Code of the Russian Federation), then it should be borne in mind that labor legislation does not establish a minimum duration of leave without pay wages. There is no indication in the Labor Code of the Russian Federation that leave without pay can only be granted for an integer number of days. The provisions of Art. 120 of the Labor Code of the Russian Federation, which provides for the calculation of the duration of holidays in calendar days, relate only to the annual basic and additional paid holidays of employees and, accordingly, do not apply to holidays without pay. Therefore, by agreement between the employee and the employer, any length of vacation can be set at their own expense, including several hours.

Granting leave without pay, including part of the day, is usually issued by order.

Employers who continue to use the unified forms approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment” (hereinafter - Decree No. 1), in such a situation, fill out form No. T-6. It provides for the reflection of the granted leave only in calendar days. However, the Procedure for the Application of Unified Forms of Primary Accounting Documentation, approved by Decree No. 20 of the Goskomstat of Russia dated March 24, 1999 “On Approval of the Procedure for the Application of Unified Forms of Primary Accounting Documentation” (hereinafter referred to as Resolution No. 20), established that in unified forms (except for forms for accounting for cash operations), the organization, if necessary, can enter additional details. The amended form of the order must be approved by the relevant organizational and administrative document of the organization.

In our opinion, in the above situation, an order in the form No. T-6 can be issued as follows:

• in the line "for calendar days" the duration of the vacation is indicated in fractions of a calendar day (for example, 0.5 days);
• in the line "from "" 20 to "" 20" the vacation period is indicated (for example, from August 11, 2017 to August 11, 2017);
• the order is supplemented with a line in which you need to specify the time range during the day for which the vacation is granted (for example, from 14:00 to 18:00).

However, please note that if an employee is granted unpaid leave for only part of the day, the employer will inevitably encounter a number of difficulties. In particular, it is unclear how to take into account such vacation time when determining the employee's vacation period and whether it should be excluded from the billing period when calculating average earnings.

In our opinion, these difficulties can be avoided if, instead of granting leave at one's own expense for several hours, the employee is given a part-time work regime for that day.

According to Art. 93 of the Labor Code of the Russian Federation, part-time work can be established by agreement between the employee and the employer both when hiring and subsequently. The establishment of part-time work for an employee entails a change in the terms of the employment contract on the working hours (Articles 57, 100 of the Labor Code of the Russian Federation). Therefore, the parties may sign an additional agreement to the employment contract, which will establish the day during which such an agreement is valid and the required working hours. In accordance with Part 2 of Art. 93 of the Labor Code of the Russian Federation, when working on a part-time basis, the employee is paid in proportion to the time worked by him or depending on the amount of work he performed. Accordingly, as a result of applying this method, the same goals are achieved as when providing an employee with leave without pay for part of the day. The issuance of any order in such a situation is not required.

In accordance with Part 4 of Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. Forms of the time sheet (No. T-12 and T-13) approved by Decree No. 1. According to the Instructions for the use and filling out forms of primary accounting documentation for accounting for labor and its payment (hereinafter referred to as the Instructions), approved by Decree No. 1 in forms No. T -12 and No. T-13 (in columns 4, 6), the top line is used to mark the symbols (codes) of working hours, and the bottom line is used to record the duration of worked or unworked time (in hours, minutes) according to the corresponding codes of working hours for each date. When reflecting absences from work, which are recorded in days (vacation, days of temporary disability, business trips, leave in connection with training, time for performing state or public duties, etc.), only codes are entered in the timesheet in the top line in the columns symbols, and the columns in the bottom line remain empty. If necessary, it is allowed to increase the number of columns for affixing additional details on the working hours, for example, the start and end time of work in conditions other than normal (see Decree No. 20, letter of Rostrud dated 03/18/2008 No. 660-6-0).

Therefore, in the situation of registration for part of the day of leave without pay, we believe that the employer can enter one more column for the corresponding day of the month. In the upper line of the first column, the letter code "I" or the numeric code "01" is entered, in the bottom line - the number of hours and minutes worked; in the upper line of the second column for the same number, the letter code "TO" or the digital code "16" is entered, in the bottom line - the number of hours of vacation at one's own expense.

When an employee is assigned part-time work, in the upper line of the column for the corresponding day of the month, the letter code “I” or the numeric code “01” is entered, and the number of hours and minutes worked in the bottom line.

My subordinate from time to time takes time off from work earlier (to visit relatives, go to the hospital, pay for studies, etc.). Once again, he came up with a request to let him go for an hour from work, although this was not the best time, since there was a lot of work. Considering that just yesterday he was asking for leave for a completely stupid reason - to pick up clothes from the store - I asked in an indignant tone:
- Where do you want to go again?
“Employees are not required to report at all where and why they want to leave, but we still report to you,” I received in response
- But in this case, my subordinates will get used to the fact that any of their affairs can be solved during working hours, or they will ask for leave when they get bored at work. You need a good reason to leave your job. What can I say to the director?
- Say that in the hospital, for example.
In general, this is a summary of the dialogue. Dany subordinate did not go anywhere, although I said that it was possible for an hour (although I immediately regretted it). The question is, am I doing something wrong? (during our argument, the rest of the staff took a neutral position). And if he is right, how can I let this person know that he is wrong? If next time he wants to take time off without voicing the reason, I can say “no”, and to the question “why”, answer something like: “You don’t have to report to me, I don’t have to report to you either.” I would not like to resolve this issue through peaceful negotiations on my own initiative, I'm afraid it will look like I'm "flexing". I would appreciate your advice, thanks!

Psychologists Answers

Andrey, hello!

You are quite a strong Personality and you have a high sense of justice and responsibility.

Of course, at any job, if an employee really asks for something too often, then they can then “ask” him from work, unless, of course, this is a genius and not an overvalued shot.

At one of my jobs, an employee was fired because she sat half a day in Odnoklassniki, her results fell, and the director tried to persuade her to work more and not be distracted for another 2 months. It did not help, but the director is really a very world-class woman. This employee almost "did not work" like that for 8 months ...

And at that job, asking for 1p a month to see a doctor was no longer welcome ... But no more, and no more than one hour earlier. The company is very good with a cool team and management.

I can answer you purely in my personal opinion and very subjectively. To understand objectively, it is better for you to come to a face-to-face consultation, then you can analyze all the nuances and understand more deeply both you and the situation as a whole.

In my opinion, you did the right thing in this situation. You are the boss, he is the subordinate. You have the right to go to a meeting, but if a person frankly uses this, then you have every right to put him in his place. There is a job description of who does what and for how long. You are loyal, but next time you can not let him go at all and answer as you see fit, since this happens so often.

And YOU can warn him that write a memorandum to the director if he behaves provocatively. He must report, without specifics, but you need to talk to a doctor or a store.

You, as the boss, also need to be firm, but where it is really necessary.

Don't come back to this conversation, but if there is something similar, then be firm.

Successes to you and Wisdom!

Sincerely, Irina.

Good answer 5 bad answer 0

In everyday life, each person may have a situation where it is very important for him, for one reason or another, to leave his workplace for a few hours.
In this situation, the employee may turn to his immediate supervisor with a request to release him from work for a while. In this case, the decision is made by the manager at his own discretion, so he can ask the employee to write an application for time off. But he can release the employee without any conditions.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What it is

There is no concept of “time off” in labor law, therefore, when writing an application, a request should be made for an additional day of rest. As a rule, it is allocated at the expense of paid leave or leave provided at its own expense, which is not paid. In both situations, in accordance with the norms of labor legislation, the employee has the opportunity to legally miss a working day.

Time off is the rest time that is provided to employees as compensation for overtime work.

If it is provided for the fact of going to work as a full-time worker, then its duration does not matter. The day off is provided for the next two weeks. If the employee worked on a weekend or holiday, the work time is compensated for 10 days.

The legislative framework

In accordance with Article 153 of the Labor Code, an employee is granted an additional day off for performing work outside the established working hours, that is, in excess of the time specified by labor standards. To exercise this right, he must write a statement if he has hours worked. By agreement of the parties, instead of a day off, a day off can be compensated in cash in a double amount. Although article 64 of the Labor Code provides for the provision of another day for rest.

The issues of compensating hours worked are regulated by articles 88-89 of the Labor Code, where it is noted not only the provision of time off, but also the amount of payment for the work performed. Article 89 states that compensation for overtime work cannot be granted as time off. If the parties agreed in advance on the provision of time off, then the order, the order to involve the employee in performing work outside the established time, indicates the time allotted for rest.

Upon reaching an agreement on time off between the employer and the employee, it can be added to the leave, which is provided annually according to the schedule.

The employer is obliged to provide unpaid leave in accordance with Article 128 of the Labor Code at the request of the employee in cases provided for by law. In other cases, he has the right to refuse the request of the employee, regardless of the reasons that led to the need for release from work during working hours. Time off can be paid in accordance with labor law if the employee has previously worked for some time.

One of these cases is the provision of unpaid leave until:

• 35 days per year, if the employee is a participant in hostilities;
• 5 business days at the birth of a child, for wedding celebrations;
• 60 days a working disabled person, regardless of the reason;
• 14 days working pensioner;
• 14 days an employee who is the husband, wife or parent of a serviceman, if he died during the hostilities, as a result of a serious illness received during military service.

But the employee is vested with the right to receive leave in accordance with Article 122 of the Labor Code after six months, during which he continuously worked for the employer.

The procedure for granting an extraordinary day off

At many enterprises, the collective agreement provides for the procedure for providing additional time as time off. It can also be introduced into the act "Internal Regulations", local regulations of the enterprise. Time off must be properly executed in the manner prescribed by the above acts.

The order is issued on the letterhead of the enterprise, in which the date, time of the leave provided, and its duration are noted. It is to be prepared for publication by the personnel service department in accordance with the rules of office work of working documentation adopted at the enterprise.

As a rule, an employee writes an application for a day off if he is registered with him. It is mainly obtained if the time worked by the employee in advance was not compensated in monetary terms. In labor practice, it is not uncommon for an employer, due to production needs, to instruct an employee to perform a task on a weekend or holiday.

For the time worked, in accordance with Articles 152-153 of the Labor Code, it is paid at a double rate, but payment can be replaced by a day of rest in proportion to the hours worked.

The employee is endowed with freedom of choice, so he can choose his own time off or pay for work performed. If he chooses a day off, then he must write a statement.

In it, the employee must indicate the date, time for which he needs a vacation or release from work for a certain working time. It serves as the basis for issuing an order to release from work for the time specified in the application. Otherwise, by default, he is paid double the overtime.

Take a day off from work

Issues of this kind are easily resolved in small private firms, where often the employee reaches an oral agreement with the employer to provide a break from work. At the same time, the employee undertakes to work the hours that the employer assigned him at another time. For example, when there is a need to perform overtime work.

If an employee needs a short time to resolve his issues, then it is not recommended to write an application for 2 hours to arrange a day off, moreover, without saving wages due to inappropriateness. The best option in such a situation is to negotiate with management in order to obtain the permission of the employer.

If the need arises for more time, but not for the whole working day, the employee can write a statement, indicating a certain time. It must be endorsed by the management of the enterprise, after which it is attached to the time sheet.

Wages in this situation are calculated based on actual hours worked.

An employee may leave the workplace if he receives the approval of his immediate supervisor. He, if necessary, coordinates his actions with higher management. Although often such an action is not necessary to carry out, because he can decide the issue of several hours of work personally by virtue of his official rights.

In enterprises with hourly wages, management can release the employee for some time, for example, for 4 hours. At the same time, he has the right to deduct the hours of the employee's absence from the total time recorded in the time sheet, calculating his wages. But it’s better for the employee to take a day off for half the working day, having received the permission of the employer.

How to write an application for time off for a few hours

At any enterprise, absence from work must be properly documented in order to avoid offenses. According to generally accepted rules, it is reflected in the time sheet, so it is in it that a day off for several hours is recorded. The employee must apply to the employer for leave with or without pay.

An application for time off is an official appeal of the employee to the management of the enterprise so that he is given free time during working hours.

At the same time, in accordance with the provisions of labor law, the organizational and legal form does not matter, because the execution of documentation in all organizations is similar. According to it, the interests and rights of the applicant regarding his labor activity are realized.

Structure

The application is written on plain A-4 white paper with the employee's own hand. It is signed by the employee, endorsed by the head of the enterprise, after which it is transferred to the personnel department for issuing an order. In some cases, it can be done orally, if the employer does not have any claims.

The form of applications for time off for the following reasons is the same:

• for the processing of working time;
• on account of paid leave;
• leave without pay.

The fundamental difference lies in their content, the wording of the text.

The form for writing an application must comply with the requirements of personnel records management, although there is no form approved by labor law. It is written in free form. In the upper right corner of the sheet, the addressee, his position, and personal data are written. Below is the applicant's personal data, structural unit, position or profession held by him.

The name of the official paper, as a rule, is written in the middle of the sheet. But it is written below at some distance from the above entries. In the main part, a text is written about the provision of free time. The date of writing is stamped on it. The reason for which the need for free time arose does not need to be indicated.

But many employers are required to indicate the reason for the day off, and a valid one. He should not refuse to satisfy the request if the employee wants to leave the workplace under certain circumstances.

These include:

• visiting a medical institution in order to receive medical care for yourself and your young child;
• creation of emergency situations at the place of residence;
• Summons to a judicial authority to participate in a trial or perform other activities, for example, as a juror.

All reasons indicated in the application must be supported by a court summons, sick leave and other documents.

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