What is the day off under the labor code. How to arrange a day off so that labor inspectors do not find fault later. What is the procedure for taking leave

The concept of "time off" in the new edition of the Labor Code of the Russian Federation is absent, however, in practice, almost every personnel officer is faced with the need to arrange paid or unpaid rest days provided to the employee at his request or in connection with the need to compensate for work on a holiday, donation, overtime etc. In order to provide an additional day off in accordance with all the rules, you should know exactly the reason for its provision and understand the procedure for formalizing the procedure in each specific case.

From this article you will learn:

• when an employee is entitled to leave;
• what personnel documents are drawn up at the same time;
• is it possible to replace the day off with monetary compensation;
• how to issue an order to provide an unscheduled day off;
• What is the difference between paid leave and unpaid leave?
• whether it is necessary to compensate for unused days of release from the performance of a labor function upon dismissal of an employee.

Often, everything related to labor relations requires a careful and thoughtful attitude. It is worth stepping back from the letter of the law, and the consequences in the form of an order from the labor inspectorate or a court decision negative for the employer will not be long in coming. Therefore, special attention, in view of the lack of regulation, deserves the relationship to provide exemption from work. This article will consider the content of this type of unscheduled vacation, the features of its design and use by staff.

In practice, a day off for an employee is defined as an unscheduled vacation, which is provided to him for:

• blood donation (donation);
• work overtime;
• the day of departure on a business trip, the day of arrival from it;
• work overtime during a business trip;
• implementation of the labor function on non-working holidays and weekends.

According to Article 106 of the Labor Code of the Russian Federation, rest time (logically, any time off, paid or unpaid, falls into this category) is the period during which the employee is completely free from performing his professional duties. At the same time, it does not appear in the list of types of recreation given in Article 107 of the Labor Code of the Russian Federation, but in some other articles of the Labor Code there is the concept of compensatory rest time.

Making a day off

To be released from work for a full day or a few hours, you must submit a written application. The time of an unscheduled release from work must be agreed with the employer (its use without such coordination may qualify as absenteeism). An exception to this rule is the use of time off, the right to which appears when donating blood.

When using unscheduled rest for donation, the employee may not go to the workplace both on the day of blood donation and the next day without the consent of the employer ( , ), subsequently, to confirm the fact of blood donation, he must submit a certificate on ( k ). The staff working on a rotational basis, all due days off are provided along with the rest between shifts.

Sample leave application

It is necessary to distinguish between time off for the employee and other types of rest that are provided to him. Often, as a result of the substitution of these concepts, disagreements and disputes arise between the employee and the employer. So, unscheduled rest should not be confused with vacation (, resolutions of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, hereinafter -) and days off provided to certain categories of employees.

The employer can independently regulate the procedure for granting time off in a local act (for example, in the provision on the provision of unscheduled rest), and also, within its financial capabilities, provide for additional guarantees and compensations, if they do not contradict the requirements of the current legislation and do not violate the rights of the employee. Thus, some enterprises introduce the practice of providing additional days off for the implementation of a monthly or quarterly production plan or job duties of a temporarily absent specialist.

Read in the e-zine:

Reflect the employee's time off in the order

If the time off appears in the order to engage in work on a holiday or day off, then there is no need to issue a separate order. There are cases when the employer agrees on additional rest time orally, while the turnout is recorded in the report card. This situation creates the risk of holding the organization accountable, officially not, for violation of labor protection requirements (in case something happens to the employee at that time).

If an order to engage in the performance of official duties on a non-working weekend or holiday was not issued, and also if a free day is given to an employee for donating blood, it is necessary to issue a separate order to provide unscheduled rest. This order will serve as the basis for filling out the time sheet. Since a unified form has not been developed specifically for such cases, an order can be drawn up in any form. The document usually contains the following items:

• order number and details of the organization that issued it;
• an indication of the reason for which the exemption from work is granted;
• order for officials responsible for the execution of the order;
• position and personal signature of the persons who issued and accepted the order;
• a place for the signature of employees familiar with the order of the authorities.

Orders for responsible persons may contain different types of instructions (“provide days of rest”, “compensate double wages on days off”, etc.).

Compensation for an employee working overtime

Overtime work is paid at an increased rate or is compensated by the provision of rest to the employee (its duration must be equal to the time worked overtime, or exceed it in duration). Replacement of payment with additional time off from work is allowed on the basis of a written application from the employee (). An example of filling out such an application can be found below.

Sample application for time off due to involvement in overtime work

In case of replacement of payment by an unscheduled rest, the accrual of wages for the period of overtime work is carried out in a single amount, and an unscheduled day off is not paid. The salary in the month in which the employee is given a free day is not reduced. The time of unscheduled rest is fixed in the order.

In the case when free time from work is provided in days, they are marked in the report card with the code "B" (day off). In order to take into account the free time provided in hours, it is better to enter a separate code, for example, “DVO”. Samples of filling in the specified documents (order and time sheet) can be found below.

Leave order

Time off on the time sheet

Leave for work on holidays and weekends

Regardless of the number of hours worked on a holiday or day off, the employee is entitled to an exemption from the performance of official duties for the whole day. ( , ). There is only one exception to the general rule: personnel who have concluded a fixed-term employment contract with the employer for a short period of time (less than two months) receive only double pay in quality and nothing else.

If the employee was granted time off, payment for the time worked on a non-working weekend or holiday is carried out in a single amount, and an unscheduled rest day is not paid (part three of article 153 of the Labor Code of the Russian Federation). The day of rest is excluded from the norm of working time (). In the report card, such a day is indicated by the letter code "B" (day off). The right to choose the type of compensation (provision of a full day off or double payment for hours worked) belongs to the employee. The employer does not have any right to exert pressure at the time of choice or by default to compensate for work on a weekend or holiday in a way that is convenient for the organization, and not for the employee.

It is not superfluous to recall that any involvement of personnel in work on a day off must be justified - such a decision is made only in emergency cases, when it comes to solving urgent and important tasks that are of fundamental importance for the enterprise. Constantly “pulling” employees without good reason is not worth it: such an approach grossly contradicts the current legislation and often becomes the cause of lengthy litigation.

Compensation for blood donation

An employee who donated blood may not go to work that day. If he still goes to work, then he will be able to exercise the right to unscheduled rest on another day. A similar rule applies when blood donation was during the period of annual paid leave, on a weekend or holiday (). After each blood donation, the employee is entitled to a day of rest, which can be added to the annual paid vacation. You can use unscheduled rest the next day after donation (in this case, additional agreement on the date of release from work with the employer is not required) or within a year from the date of blood donation ().

If the employee chooses the second option, the specific date for using the day off must be approved in advance by the management of the organization. Unfortunately, some donor workers do not quite correctly interpret the right granted by law for additional rest and arbitrarily arrange a day off for themselves on an arbitrarily chosen day without the approval of the employer. Such an act can be regarded as absenteeism - a serious disciplinary violation, considered sufficient. When such a situation develops in practice, the employer has every chance to defend his case (confirmation of this is the appeal ruling of the Lipetsk Regional Court No. 33-137 / 2014 of 01/22/2014).

Unscheduled rest for blood donation is paid in the amount of the average salary of an employee (). In the report card, the day off for donation is marked with the code "OB" or "27" as an additional paid day free from work.

Important: in no case should a donor be ordered to perform his official duties on the day of blood donation: an employee can appear at the workplace only voluntarily. Therefore, you must first obtain written consent from him.

Compensation for an employee for a business trip

Increased wages or exemption from the performance of official duties are due to the employee when the day of departure, return or travel falls on a holiday or weekend, and also if the employee was involved in a business trip on holidays or days off to work (Art., Labor Code of the Russian Federation, Regulations, approved). If an employee was not involved in the performance of a labor function on weekends and holidays, but these days fell on a business trip (except for travel time), then he is not entitled to double pay (determination of the Supreme Court of the Komi Republic of July 9, 2012 in case No. 33 -2838AP/2012).

In the event that an employee on a business trip performs a labor function overtime, the employer needs to pay for processing or provide rest to the employee (). If processing is known in advance, then an indication of the overtime nature of the work and the consent of the employee to such work must be reflected in the order to send on a business trip. Even if there was only an oral order from the employer, the employee does not lose the right to appropriate compensation (). The fact of working on a weekend, holiday, overtime work, as well as information about the duration of such work is confirmed by the documents of the host organization (certificate or report card).

Read in the Personnel System:

• How to provide time off for work on weekends and holidays?
• Can an employer refuse to provide an employee with time off for work on a weekend or holiday
• Can an employee take a day off for a day off in another month

Are unused days off paid to the employee upon dismissal?

Unused time off upon dismissal is not compensated (determination of the Moscow City Court dated November 27, 2013 No. 4g / 1-11476). It is advisable to provide the employee with the opportunity to use the accumulated days of unscheduled rest before dismissal in order to avoid disputes. Rest days due to an employee in connection with blood donation cannot be replaced by monetary compensation under any circumstances (,).

However, if the employer is ready to meet the needs of an employee who did not have time to exercise the right to time off (for example, who planned to add the accumulated days of rest to the main vacation, but for objective reasons leaves earlier), you can pay him material compensation. Some companies that are ready to compensate for underused days off to employees at the time of dismissal fix the corresponding norm with a local act.

In order to receive payment, the employee must write an application addressed to the manager with a request to consider the issue of compensation (in any form or according to the sample provided by the employer), indicating for which specific dates he is entitled to time off. You should make sure that such a right is confirmed by the time sheet data: if everything is in order and the company is ready to reimburse unused time off (as a rule, when the parties part without conflict, this happens), an order is issued indicating the exact amount of compensation. The leaving employee must be familiarized with the order, and on the day of dismissal, all amounts due to him must be paid in accordance with the requirements of Article 140 of the Labor Code of the Russian Federation.

Despite the fact that there are no direct indications of the need to compensate for unused time off either in the Labor Code of the Russian Federation or in federal legislation, I would like to warn employers against abrupt and reckless refusals. If the provision of well-deserved days of rest becomes impossible due to the dismissal of an employee, the most worthy solution will be material compensation (similar to increased wages on a day off), which, by the way, has been repeatedly stated by representatives of Rostrud.

When can I take a day off at my own expense?

In addition to paid time off provided by law as compensation for work on weekends and other production moments, the concept of “time off at one’s own expense”, that is, unpaid, is widely used in everyday life. In order to get one or more days off from work, an employee must write an application addressed to the head of the organization with a request for days off at his own expense.

If the employer is ready to meet him halfway, an appropriate order is issued, which must indicate the exact dates of release from work and its type (unpaid). In addition, labor legislation approved a list of reasons why an employer is obliged to provide a day off, whether he wants it or not:

• marriage registration of the employee or his close relative (up to 5 days a year);
• funeral of a close relative (up to 5 days a year);
• childbirth (up to 5 days a year);
• employees of the Far North have a child under the age of 16 (1 day per month);
• the presence of a disabled child under the age of 18 (14 days a year);
• work in rural areas (1 day per month, only for women);
• retirement age (14 days a year).

This is not a complete list of categories of workers who, upon request, are provided with unscheduled days of rest: they also include spouses and parents of military personnel, firefighters, participants in the Second World War, the disabled, and not only. From a legal point of view, such a period of rest is treated as a leave without pay, and the procedure for its provision is regulated by Article 128 of the Labor Code of the Russian Federation.

• passport data and personnel number of the employee;
• position or qualification;
• dates of overtime work (departure on a business trip, going to work on a holiday, etc.);
• the exact number of hours worked by the employee in excess of the norm;
• additions (information about the reasons for overtime, etc.).

Is it possible to "walk away" on account of vacation?

If the next vacation is not expected soon, and the need for a respite has already arisen, it is possible, in agreement with the employer, to take paid time off for several days with a deduction from the next vacation period (such a decision is interpreted from a legal point of view as dividing the vacation into parts by agreement between the parties to the employment contract, provided for in Article 125 of the Labor Code of the Russian Federation). Any officially employed employee who has worked in the organization for at least six months (the length of service must be continuous) has the right to one or more days of release from work on account of paid leave, while the rest of the main time of annual leave must be at least 14 days in a row.

The procedure for registration is standard: an appropriate application is written, which must be endorsed by the immediate supervisor of the employee, and then transferred to the personnel department. The employer should remember that certain categories of employees (pregnant women planning to go on maternity leave, underage employees and persons who have become adoptive parents or guardians of children under the age of three months) have a legal right to use the exemption from work on account of future leave at the enterprise.

Attached files

• An employee's application for another day of rest for working on a day off (form).doc
• Order on attraction to work on a weekend or holiday (form).doc
• Order on attraction to overtime work (form).doc

Available only to subscribers

• An employee's application for another day of rest for work on a day off (sample).doc
• Order on attraction to work on a weekend or holiday (sample).doc
• Order on attraction to overtime work (sample).doc

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 assumes 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 day off 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.

Day off is a phenomenon that any working person may need. To do this, everyone, especially those who are engaged, need to clearly know what it is. Consider what types of time off are, who can apply for them and at what moments in life, and also analyze the procedure for documenting.

Dear readers!

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to know how to solve your particular problem, please use the online consultant form on the right →

It's fast and free! Or give us a call (24/7):

Day off. What's this?

It should be noted from the outset that the concept of “time off” is not defined in any way under the Labor Code, so let’s find out first of all what is meant by this word. Here it is worth referring to some other provisions of the aforementioned act. So, it states that a worker will be able to receive a plus to the earned rest for:

• overtime work (art. 152);
• work on weekends/holidays (Article 153);
• acting as a donor (Article 186);
• vacation;
• vacation without saving s / n.

For what a break is given at work, it is often prescribed in the internal standards of the enterprise (collective agreement or labor agreement, rules of procedure, etc.).

Varieties

When determining the value of time off, many experts consider it from a broader point of view. So, they believe that such a term should be understood as any non-working days of a worker that are provided to him in excess of the established schedule. Most often in this case they talk about work, which exceeds the norm, however, the employer has the right to provide time off for another reason.

For processing

The Labor Code establishes that for processing a person can receive increased pay or a day off. In this case, any compensation is provided no less than the processing period. For this, overtime work must be documented. In order for the authorities to give additional time for rest, a person must submit an application. After that, the time off provided must be certified by order.

On account of vacation

According to the Labor Code of the Russian Federation, each worker has the right to have 28 days of vacation annually. At the same time, the standard determines that a person must take at least 14 days at a time, and the remaining half can be divided into vacations of any duration. If desired, the employee has the right to split the remaining two weeks into several days when it is convenient for him. The registration process is similar to those cases when all 28 days are taken at once.

For work on weekends/holidays

The legislation regulates that for going to work on a weekend, a holiday, payment is charged twice as much as usual. Instead, a person has the right to time off. In this case, the person gets the opportunity to additionally relax, however, this period is not paid. The same applies to cases when a day off or a holiday catches a person during his stay on a business trip.

blood donor

The Labor Code of the Russian Federation contains a rule according to which donors can receive two days, which can be spent outside of work:

1. directly on the date of donation of blood and its components;
2. the day after this procedure.

If on the above days the employee nevertheless arrived at his workplace, he has the right to receive days off from the administration on alternative dates. Also, a person, by agreement with the boss, can add this time to the main rest (vacation).

For family reasons

According to domestic legislation, upon the occurrence of certain life moments, a person has the right not to come to work on the condition that such a break will not be paid. These include:

• the appearance of a newborn in the family;
• wedding of relatives;
• relatives' funerals.

Who is entitled to a free day?

According to the Labor Code of the Russian Federation, the following are entitled to time off:

• persons who have worked above the norm;
• an employee who was forced to work on a non-working day;
• one who helped the employer with business during his vacation;
• people whose labor intensity is more than the boundary norms;
• employees who performed duties that are not included in their job description.

An individual organization can also establish its own grounds for releasing an employee from his workplace. For example, going to the first call of a child, registering a marriage or an anniversary.

They have no right to refuse

There are known reasons, in the event of which the employer is simply obliged to meet the employee halfway and provide him with time off. It is assumed that it will be paid. To save wages, everything is recorded in written documents. These reasons include:

• wedding;
• funeral;
• blood donation;
• work above the norm;
• work on non-working days.

In addition, the regulations provide for additional days of rest for certain groups of people:

№	Article of the Labor Code of the Russian Federation	Category of workers	Number of days
1		pensioners	14
2		One of the spouses and parents of those killed in the line of military duty	14
3		Disabled	60
4		Participants in the war	35
5		Persons registering marriage	5
6		Those who have lost a loved one	5
7		Those who have a child	5
8		Students entering university	15
9		Students taking certification	15
10		Students at the defense of their diploma.	4 months
11		Students at the time of passing the state. exams.	30
12		PhD students in their last year of study	2 days weekly throughout the year
13		College students when entering a university and when passing the final certification	10
14		College students for midterm assessment	Up to 2 months
15		Women who work in rural areas	1 day monthly
16		Persons with a disabled child	14
17		Persons with two or more children under 14 years of age	14
18		Parents who are raising children under the age of 18 alone	14
19		Part-time workers, if the main vacation exceeds that established for part-time workers	286

When are days off granted?

The procedure for granting time off involves the written preparation of all required documentation. In each individual case, the time is determined in its own way based on the current situation. For example, persons working on a rotational basis are entitled to additional rest, which is added to the main one.

Managing time off is much more difficult than doing it with public holidays. As a rule, the manager and the employee jointly decide when it is possible to take such a break from work, taking into account the family circumstances of the person, as well as the factors of production necessity.

How to calculate leave

The need to make such calculations arises when a person works in excess of the norm. This is done on the basis of a time sheet, which records the hours worked by each employee, including those that exceed the norm. The provision of time off can also be carried out according to the processing log, if there is one at the enterprise.

A similar calculation applies to the duties of an accountant. You need to do this twice a month. This is provided so that the employee, at his own discretion, can replace additional days of absence from work with material remuneration.

Cash compensation

As already mentioned, time off may or may not be paid. It all depends on the circumstances due to which the right to make such a pause in work arises. For those days that the legislation provides for paying, it is possible to replace them with monetary compensation. Often this is done by workers who are more interested in getting money for their work than additional time for rest.

At the same time, the law establishes a number of cases when, even with the mutual desire of the parties, it is not possible to replace the day off with compensation. These include:

• an employee's pregnancy;
• if the person has not used the vacation for more than two years in a row;
• when a person works in harmful or dangerous conditions;
• labor of underage workers.

In addition to the above categories, also persons affected by Chernobyl must take advantage of their vacation, which cannot be converted into a monetary equivalent.

How to arrange

Making a day off does not imply a strictly established procedure. The thing is that the law does not specify which form should be used to document this procedure. Therefore, each company decides this issue independently.

Is an application required

Absences from work, regardless of whether such breaks are paid or not, are granted to a person on the basis of his application. Such a document is necessary, since this kind of pass cannot be confirmed by anything else - a schedule or other act of a local nature, which usually indicates the main vacation.

The document is drawn up in the name of the boss, it should indicate the basis for the required break at work. For example, overtime shifts worked on clearly defined dates or a special event.

Is an order always required?

In most cases, paid or at their own expense time off is issued by the relevant order. An exception may be the fact when initially in the order to attract a person to work it is already written about his subsequent rest for this. In this case, there is no need to issue an additional act.

Where to register a personnel officer

As already mentioned, it is not clearly established how the day off is formalized. Based on this, each legal entity maintains documentation in its own way. As a rule, the personnel officer registers data in the accounting journal, which is kept in any form.

Frequently asked Questions

What is present in labor legislation is not always clear to ordinary people. Therefore, many have additional questions, especially when it comes to paid days. Consider the most popular of them.

What to do if you are forced to take time off for a month

According to the current legislation, time off is considered the right of the worker, and not his duty. Therefore, no one has the right to forcefully send anyone on vacation. At the same time, the law also establishes that the employer does not have the right not to provide the employee with leave for longer than two consecutive years. If both parties agree, you can simply increase the duration of the main vacation.

What to do if the boss does not provide days for processing

According to the law, a person has the right to independently decide whether to receive an opportunity to rest or material compensation for processing. This is mainly stipulated at the time of the person's agreement to work above the established norm. Violation of such requirements by the employer is unacceptable. Under such circumstances, the employee may go to the Labor Inspectorate to protect his right or initiate legal proceedings.

Are days lost when transferring to another job?

A break at work is granted when a person's specific circumstances are established. Since there is no such concept in the regulations at all, when transferring to another place of work, the earned additional days are not saved. Based on this, it is better to use them without tightening.

Is there a day when passing a medical examination

By law, workers are required to undergo regular medical examinations. Behind them in this period, the average earnings are saved. When a person passed a medical examination on his day off, he has the right to get a day off on another day.

Can I withdraw?

Sometimes there are times when the employer needs to urgently call the employee from a paid break from work. This is possible only upon receipt of approval from the vacationer himself, as well as on condition that he is provided with an alternative day off in the future.

What to do if an accident occurs while on leave

When the time off is properly executed, the accident that occurred at this time will not entail any consequences for the legal entity. Is that a further sheet. But if they didn’t bother to document such a break, then the employer will have to deal with an industrial injury, despite the fact that the person was not at the workplace at the moment.

Is it possible to provide days for work on sick leave

If a worker wants to earn himself another paid day off, he can agree to go to work during his sick leave. However, it is difficult to document this, since no one has canceled guarantees for a sick person. But if a person went to meet the employer, the latter must comply with all the norms established by law.

Employee quits without taking time off

In the event of the dismissal of an employee who has unused vacation on his account, you can do one of the following:

1. unused days are paid in cash;
2. the person is sent to .

However, this rule does not apply to time off, so it is not recommended to save them, but use them on time.

What happens if a person is unofficially on time off

In everyday life, unofficial days off are often found, passing simply by agreement of the parties. However, as already mentioned, there may be negative consequences of such an arrangement. For example, the employer will have to bear responsibility if something happens to the employee at this time. In addition, in the event of labor disputes, it will also be extremely difficult to prove that the employee was provided with legal time off.

Leave can be taken by the hour

Time off is calculated based on the number of hours worked. Thus, you can take a break not for the whole day, but, for example, half.

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

Quite often there are situations when the authorities do not want to reckon with the employee and give him a break from work. In this case, there are several options to resolve the problem:

1. Agree with the employer and stay at the workplace. Usually this happens when a person values ​​​​his work, and the boss cannot give additional rest due to valid circumstances.
2. Negotiate a compromise. Come to a common decision for the boss to provide a day off with pay on another day that is more suitable for both parties.
3. Take advantage of donor leave. This can be done if the day off is really needed on a particular day, and the leadership does not make any concessions.

Under any circumstances, you should not make a scandal, write a letter of resignation, and, moreover, arbitrarily leave the workplace against the will of the authorities.

Conclusion

Despite the fact that the regulations do not find a clear definition of the concept of time off, many people use it in certain circumstances. It is important not to accumulate well-deserved rest, because when you move to another job, the right to it is lost. To avoid further disputes, absences from work should be formalized.

To provide an employee with time off is a typical personnel situation in which the employer makes a decision: to respond positively or negatively to the employee's request for time off. However, there are exceptions when a positive decision to provide additional days off is mandatory and dictated by labor legislation. Let's look at the situation in detail.

The legislative framework

A day off is a free day or a short period of free time (several days), during which the employee is released from his work activity in agreement with the employer and on the basis of his order. In fact, this is an additional day off or a small, one-day vacation.

This exemption from labor is possible in two cases:

• paid one-day leave - if provided to the donor and unpaid - if provided for work on the day off (since the day off on which the employee worked was already paid);
• leave due to vacation. Often in this case, the specialist gets a free day without registration, and then, after providing a long-term rest, he works it out according to the schedule or leaves earlier. Although in practice such agreements are quite common, it is better not to allow this, as there may be problems with registration: the employer’s refusal of the agreement or other documentary difficulties (for example, when registering an accident, etc.).

We also recall: if an employee was involved in work on a weekend or non-working holiday, the administration is obliged either to pay for his work in double the amount, or in a single one, but with the provision of an additional day off.

How to get a

It is easy to get a day off on account of vacation in agreement with the manager. In general, there are two ways to get such additional days of rest.

1. Vacation for one day on account of a long vacation, as well as the required day off from work provided for work during weekends and holidays, can be obtained by warning the administration in advance and agreeing on a date. Be sure to do this in writing, with the execution of the relevant order, so that there is a guarantee that all the rights of the parties are observed.
2. One-day allowances can be included in the schedule in accordance with the desire of the employee and upon agreement of the date of their provision with the employer.

The procedure for registration and provision has much in common with that provided for long holidays, because time off is a small part of them, provided in accordance with established rules. Documentation is also required: an employee’s application for time off and the consent of the employer. Only days taken as part of a long vacation or provided as compensation, such as for donation, are paid.

But one day at your own expense can be taken at any time if the manager agrees. This is an inalienable right, as situations are different.

Compare 2 sample applications for time off: the first - at your own expense, the second - at the expense of vacation.

Cases when the employer is obliged to provide leave at his own expense

All working citizens are entitled to a day off at their own expense in the following cases:

• birth of a child;
• Marriage registration;
• death of a close relative.

In this case, the employee may quite legally be absent from the place of work for up to 5 days in this case.

The statement in this case might look like this.

How to write a leave application

Vacation at your own expense for 1 day is an unpaid free day provided to an employee on the basis of his application with the consent of the administration.

The application is written in free form (see examples above), it is necessary to indicate the name of the enterprise, the essence of the appeal (you can also mention the reason), a request for a day off. Legal justification is desirable, but not required. The form is presented to the reception, the secretary or other person who receives and registers incoming documentation, or to the personnel department. On such an application, the director puts a visa, then an order is issued in the approved form, with which the employee is introduced under signature. Only then can you be sure of the correct design of all forms. It is not necessary to print the appeal, you can write it by hand, the main thing is to register at the reception and get a manager's visa on such paper.

This period of rest must also be correctly and correctly reflected in all personnel documentation. At the same time, only an order is an administrative document; you should not rely on oral statements.

We all need a free day at work sometimes. For example, when:

• The child goes to grade 1 and I want to accompany him on this holiday.
• You called a plumber, and he, like you, works only during business hours.
• You need to take your elderly parents to the hospital or to the country house, or take them to the train.

In general, situations are very different. But how to get this free day, especially if it's not so easy to ask your boss for time off?

We will tell you how to get a day off on any day you need by legal methods if you cannot agree with your superiors. This information is useful to everyone, and not just parents of schoolchildren.

We found 3 such ways!

The first is to become a donor

The donation of blood and plasma is encouraged by the state. And it says that on the day of voluntary blood donation, the employee is released from work, and he is also given a second day to rest, which (ATTENTION!) At the request of the employee, can be used within a year after the day of blood donation.

That is, for donation, you get 2 paid days off, one of which you can take at any time convenient for you. And if you have time to donate blood in August, then, say, on September 1, you can legally take a day.

This is the easiest way to get a day off, which is up to you and only you. True, not everyone can become a donor. For example, carriers of hepatitis and HIV viruses, tuberculosis and oncology patients will not be accepted. Also, you can not donate blood to nursing mothers and those who have just been vaccinated. More information about contraindications to donation can be found on the websites of blood transfusion stations in your area.

The second is to take a day for overtime

Overtime is when you do work outside the day or shift, and always BY THE ORDER OF THE MANAGEMENT. If you decide to stay to work in the evening yourself, then this will not be counted as overtime.