Very often, due to certain circumstances, an employee needs to take time off and stay at home on weekdays or go about your urgent business.
Note that, despite the widespread use of the term time off in labor legislation, not a single regulatory document contains a clear definition of what it is.
In accordance with Part 3 of Art. 153 of the Labor Code of the Russian Federation, time off can be understood as a paid additional day of rest (another day of rest), provided to an employee at his request for a previously worked holiday or day off.
Grounds for granting time off
The Labor Code of the Russian Federation provides for the provision of another day of rest or additional time of rest in the following main cases:
1. Compensation for time worked overtime (Article 152 of the Labor Code of the Russian Federation).
Overtime work is paid for the first two hours of work at least one and a half times the rate, for subsequent hours - at least twice the rate. Specific amounts of payment for overtime work may be determined by a collective agreement, local regulations or an employment contract. At the request of the employee, overtime work, instead of increased pay, can be compensated by providing additional rest time, but not less than the time worked overtime.
2. Work on a day off or a non-working holiday (Article 153 of the Labor Code of the Russian Federation).
Art. 153 of the Labor Code of the Russian Federation provides for an employee the ability to choose the form of compensation - increased pay or another day of rest. Work on a weekend or non-working holiday is paid at least double the amount. Also, do not forget that local regulations of the organization, collective or labor agreements may establish a specific amount of payment for work on weekends (non-working holidays), but in any case it should not be lower than the minimum prescribed by law.
If an employee who worked on a day off or a non-working holiday chooses another day of rest, then in this case work on a day off or a non-working holiday is paid in a single amount, and the day of rest is not subject to payment.
Do not forget that attracting an employee to work on weekends, holidays and non-working days is also sending the employee on a business trip: either specifically for work on these days, or if the employee’s departure or return from a business trip falls on a weekend, holiday or non-working day day.
If an employee is specially sent to work on weekends or holidays and non-working days, then compensation for work on these days is paid in accordance with current legislation (that is, at the request of the employee, he is either given an unpaid day of rest (time off) for each day worked, or each such day worked is paid double);
If an employee is not sent on a business trip specifically to work on weekends, holidays or non-working days, but his departure on a business trip or return from it falls on such a day, then such an employee is provided unpaid time off.
3. Donation of blood and its components (Article 186 of the Labor Code of the Russian Federation).
On the day of blood donation and its components, as well as on the day of the associated medical examination the employee is released from work.
If, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) dangerous working conditions, when the employee’s going to work on this day is impossible), he is provided, at his request, with another day of rest.
In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request.
After each day of blood donation and its components to the employee an additional day of rest is provided. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times during the year after the day of donation of blood and its components.
4. Processing of working time within the work schedule with a rotational work method (Article 301 of the Labor Code of the Russian Federation).
According to Art. 301 of the Labor Code of the Russian Federation, each day of rest in connection with the overtime of working hours within the work schedule on a shift (day of inter-shift rest) is paid in the amount of the daily tariff rate, daily rate (part of the salary (official salary) for the day of work), if a higher payment is not established by a collective agreement, local regulation or employment contract.
Hours of overtime within the work schedule on a shift, not multiples of a whole working day, can be accumulated over the course of a calendar year and summed up to whole working days, with the subsequent provision of additional days of inter-shift rest.
5. Time off on account of annual paid leave (Article 125 of the Labor Code of the Russian Federation).
In accordance with Art. 125 of the Labor Code of the Russian Federation, annual paid leave can be used in parts, but one part should not be less than 14 calendar days. Therefore, if the remaining vacation days are not used, they can be taken in parts throughout the year. The same provision applies to cases of employee illness during regular vacation. The leave is extended for all days for which the sick leave was received and therefore, if the leave was not extended, all days for the sick leave can be used in full or in parts during the current year. The employer must be notified of this in writing and an application must be submitted for signature.
To provide time off on account of vacation, the employee submits to the employer an application for part of the vacation lasting one calendar day.
The provision of such time off is formalized by issuing an order to grant leave to the employee in Form N T-6.
Since such leave is unscheduled and breaks the main leave into parts, it is necessary to make changes to the leave schedule N T-7.
Calculation of vacation pay and payment of vacation pay is carried out in the same way as for the main vacation.
6. Time off for vacation without pay.
If the employee does not have any additional days of rest and the next vacation is used in full, then you can take the vacation at your own expense. To do this, you should notify the employer in advance, submit an application two weeks in advance, or, in urgent circumstances, three days in advance. In emergency circumstances, which include serious illnesses of loved ones, death occurs on the last working day before time off. During the year you can take 14 days without pay, for WWII participants - up to 35 days, for disabled people - up to 60 days. All days exceeding the specified periods are by agreement with the employer. In all cases, time off is formalized by submitting an application, under which the employer puts his resolution and an order, which indicates for what, when and why the time off was granted.
Procedure for granting time off
Time off is provided in the manner prescribed by the Labor Code of the Russian Federation.
The Labor Code of the Russian Federation gave the employee the right to time off, but did not give him the right to independently determine the time off.
In accordance with the law, the specific time for using time off is determined by agreement of the parties. This agreement, which is usually made as a verbal agreement, should be formalized in writing. To do this, you should write a written application requesting time off on a specific day and obtain a permitting visa on the application.
An employee taking time off without the consent of the employer, even in cases where the right to such time off is provided for by current legislation, is considered a failure to appear for work without good reason and may be grounds for dismissal of the employee at the initiative of the employer.
Subparagraph “a”, clause 6, part 1, art. 81 of the Labor Code of the Russian Federation provides for termination of an employment contract in the event of a single gross violation of labor discipline by an employee, which includes absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, and also in the event absence from the workplace without good reason for more than four hours in a row during a working day (shift).
In connection with the established practice of courts considering cases of labor disputes on the basis of Art. 39 of Resolution No. 2, dismissal for absenteeism, in particular, can be made “for unauthorized use of days off.”
If an employee chooses time off, then after the fact of off-hour work he is required to write an application requesting time off, and management is obliged to prepare an order for granting time off. The application indicates for what time worked on a day off (either during non-working hours or overtime) the employee requests time off and on what day he wants to take this time off. Naturally, this day of additional rest will not be paid for from the outside. The application must be written in the month when you had to work on weekends or overtime. This is due to the fact that otherwise, at the end of the month, the accounting department will accrue money to the employee for overtime, and you can forget about the time off.
Has your employee asked for time off? First, he needs to write an application for time off for previously worked time. The Labor Code says that an employee is entitled to time off and compensation if he has overtime. We will tell you how to correctly fill out the corresponding order and why time off is generally due.
Every employee sooner or later has some urgent matters, and due to circumstances he cannot go to work. In this case, the employer can give him time off, but you need to know how the Labor Code regulates this. The Labor Code of the Russian Federation does not have a clear definition of time off; it is interpreted as an additional day of rest for an employee. However, absenteeism from work without the knowledge of the manager and without proper registration may end unexpectedly for the employee, as stated in subparagraph “a” of paragraph 6 of Art. 81 Labor Code of the Russian Federation. Let's consider what are the grounds for granting time off.
Time off for overtime
Overtime the employee must be compensated either in the form of time off or time off. According to Art. 152 of the Labor Code of the Russian Federation, compensation for time off in this case is provided for a time no less than that amounted to overtime.
Any work after the end of the working day, overtime hours and days must be recorded in a written statement by the employee.
To apply for time off, you must indicate:
- In the header on the right edge they write to whose name the application is addressed and from whom it is being drawn up, with the designation of positions.
- The word “statement” is written indented from the header in the center.
- Below is the text of the application, which must indicate the date of the desired day off and the basis for its provision.
- The applicant's signature and its transcript, as well as the date at the time of drawing up the application, are placed under the text of the application.
Providing time off for previously worked hours, one day or several days on the basis of an application written by the employee is issued in the form of an order. The order must contain the number, date of issue, information on the basis of which it was issued (employee’s statement), to whom and what time of additional rest is provided.
There are situations when an employee needs to go away on his own business, but he does not have overtime or spare time off. In this case, with the consent of the manager, the employee can take an additional day off with subsequent work. To receive such a day off, he needs to write a statement that will say when he plans to be absent from the workplace and the work will take place, and it is also advisable to indicate the reasons for the necessary time off (obtaining a loan, collecting certificates for the housing office, etc.).
Providing time off for previously worked hours is issued in the form of an order.
Time off towards vacation
Leave for family reasons
The Labor Code provides for the possibility for an employee to take time off without pay on these days.
Some nuances
The manager, at his discretion, can reflect in the employment contract the specifics of attracting employees to the cleanup day. If cleaning work on the territory is carried out during normal working hours, then, as a rule, visits to the workplace itself on this day are either not carried out or are reduced for the duration of street work. It is possible to attract employees to carry out cleanup work on weekends - then they can be given time off as compensation. Cleanup work is voluntary and does not belong to the list of possible forced works prescribed in Art. 4 Labor Code of the Russian Federation.
It is possible to attract employees to carry out cleanup on weekends - then they can be given time off as compensation.
If an employee takes a day off and goes on sick leave, the sick leave is paid in full, in accordance with clause 1 of Art. 6 of Federal Law No. 255-FZ.
To avoid disagreements and misunderstandings between the manager and the employee, all time off must be recorded in a statement and order. Additional days off may be provided for overtime, donating blood as a donor, for annual leave, as well as for personal reasons. Remember, if your employee took a day off and did not report to you, you can consider this day as absenteeism and demand an explanation.
Any person has circumstances when he must be in another place during working hours.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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If you just don’t go to work, it will be absenteeism, and its consequences can be very sad.
A solution may be to take time off at your own expense.
What does the law say?
The first thing the employee must do in this case is to refer to the legislative acts, which spell out all his rights and obligations.
To avoid having to turn over stacks of documents or spend hours on the Internet searching for information, in our article we will consider this issue in detail.
Regulatory framework
All relations between employee and employer in Russia are regulated by Labor legislation. It also regulates the employee’s rest.
So, according to the Labor Code, you can take time off in several ways.
The first option is due to the additional rest time provided:
- (Article 152 of the Labor Code provides for the provision of rest time no less than the time worked overtime);
- and holidays (Article 153 of the Labor Code of Russia);
- working on a rotational basis - overtime hours during the year can be summed up and provided to the employee in the form of an additional day of inter-shift rest (Article 301 of the Labor Code of the Russian Federation);
- or its components - not only the day of delivery is a day off, but also the next day, which, in turn, can be transferred to any other (Article 186 of the Labor Code of the Russian Federation).
Holidays are not provided in advance for these reasons. In addition, such absenteeism is not shown on the timesheet.
The second option is on vacation.
Article 125 of the Labor Code states that, which is paid by the organization, can be divided into parts.
Thus, an employee, in agreement with the employer, can take one or more days from it according to a previously written application.
Option 3 - time off at your own expense. This will be discussed in the following chapters of our article.
Vacation or time off at your own expense?
The concept of “time off” does not currently exist in Russian legislation. But it did not go out of use.
In practice, administrative time off is equivalent to and regulated by Article 128 of the Labor Code of the Russian Federation.
To whom and in what situations is it entitled?
This leave can be taken for family reasons, as well as for other valid reasons.
Here the employer independently decides whether to give you an additional day off or not. That is, he may consider the reason disrespectful and not provide time off.
But there are several cases in which management does not have the right to refuse, as well as certain categories of citizens.
These situations and persons who must be granted leave without pay are included in the table, along with the deadline for its provision.
Who is entitled to time off at their own expense and in what situations? | Submission period | Base |
ACCORDING TO THE LABOR CODE OF THE RF | ||
Situations | ||
Birth of a child | up to 5 days | article 128 |
Marriage registration | ||
Death of a close relative | ||
Categories of citizens | ||
Working disabled people | up to 60 days per year | |
WWII participants | up to 35 days per year | |
Parents and spouses of military personnel, fire department workers, customs officials and other similar structures who died (died) in connection with their service | up to 14 days a year | |
Working pensioners (if old-age pension) | up to 14 days a year | |
Employees undergoing tests for admission to universities | 15 days | article 173 |
For employees preparing for final certification at universities | ||
For employees studying full-time at universities that have state accreditation: | ||
for intermediate certification | 15 days | |
to complete final qualifying work and pass final state exams | 4 months | |
to pass the final state exams | 1 month | |
For employees passing tests for admission to secondary vocational education institutions | 10 days | article 174 |
For employees of full-time students of secondary vocational education institutions that have state accreditation: | ||
for intermediate certification | 10 days | |
for final state certification | up to 2 months | |
Part-time workers, if their vacation at their main job is greater than at their part-time job | difference between terms and at the main job | article 286 |
Workers of the Far North and equivalent regions to get to their vacation destination and back | travel days | article 322 |
ACCORDING TO OTHER LAWS OF THE RF | ||
To the Heroes of Socialist Labor | up to 3 weeks per year | No. 5-ФЗ dated 01/09/1997 |
Heroes of the Soviet Union or Russia | No. 4301-1 dated January 15, 1993 | |
Military veterans, war invalids and holders of the “Resident of Siege Leningrad” badge | up to 60 days per year | No. 5-FZ dated January 12, 1995 |
Military spouses | the difference between the terms of the spouse's leave and the employee's main paid leave | No. 76-FZ dated May 27, 1998 |
You can view the documents listed in the table here:
How to take it?
You can’t just decide not to go to work, arguing that this is how you took time off.
This is already truancy. Everything must be documented.
Let's look at the whole process.
How to apply for time off at your own expense?
There is no standardized template for such a statement.
If the company has not developed it independently, then it should be written in free form - the document is handwritten or printed on a printer, it does not matter, the main thing is to put your signature.
The application must indicate the reason for the leave; you can also attach copies of supporting documents or write that they will be provided later.
Application example:
![](https://i1.wp.com/kadriruem.ru/wp-content/gallery/otgul3/%D0%9E%D1%82%D0%BF%D1%83%D1%81%D0%BA-%D0%B7%D0%B0-%D1%81%D0%B2%D0%BE%D0%B9-%D1%81%D1%87%D0%B5%D1%82-%D0%B7%D0%B0%D1%8F%D0%B2%D0%BB%D0%B5%D0%BD%D0%B8%D0%B5.jpg)
The signature of the employee himself is not enough.
In order for a day off not to be considered a day off, the document must contain the manager’s resolution. Therefore, you should take care of its registration in advance.
Do you need an order from the employer?
After the application is signed by the director (general director), the organization issues an order to grant the employee leave without pay.
This process occurs in several stages:
- First, the order must be drawn up and printed.
- It is signed first by the head of the organization or a person authorized by him. So, the shift supervisor’s signature on this document does not carry any meaning.
- Be sure to familiarize yourself with the text of the order against signature by the applicant himself. If he goes on vacation before the order is issued, this will violate labor laws.
Otherwise, the employer simply will not be able to correctly calculate the length of service that gives the right to annual paid leave (Article 121 of the Labor Code of the Russian Federation).
Example of an order:
![](https://i0.wp.com/kadriruem.ru/wp-content/gallery/otgul3/%D0%9E%D0%B1%D1%80%D0%B0%D0%B7%D0%B5%D1%86-%D0%BF%D1%80%D0%B8%D0%BA%D0%B0%D0%B7%D0%B0.jpg)
Number of days and terms of provision
The duration of this rest period is agreed upon individually by the employee and the employer.
The law in commercial organizations does not limit the number of days, so you can take a day off for one day or for a longer time. But for state civil and municipal employees, vacation at their own expense cannot exceed one year.
But here the question arises: how many days of unpaid leave can you take per year without affecting your length of service, which affects your annual paid leave?
The limit is set at 14 days.
But this does not mean that you cannot take more days off. The employee will simply go on paid leave later.
Let's look at this with a simple example.
Example 1:
Employee of OJSC "Filin" Kurochkin F.V. has been working in the organization since December 1, 2020. In 2020, he went on leave without pay several times for valid reasons:
- from May 15–20;
- from August 5–12;
- from November 27–30.
Let's determine when Kurochkin is entitled to annual leave that must be paid.
First, let's calculate the number of days that were provided as leave without pay to an employee during the year: 6+13+4=23 days.
Thus, the excess is 23–14=9 days.
Is it possible to apply retroactively?
Orders cannot be drawn up “retrospectively”.
According to the law, an employee does not have the right to go on vacation without the permission of the manager. The latter endorses the application, after which an order is issued based on it. Otherwise, the day off will be considered absenteeism.
And for absenteeism, an employee can not only be fined, but also fired.
What to do if time off is not given?
And he can legally refuse if the reason seems disrespectful to him.
To increase your likelihood of approval, you can use the following tips:
- In practice, time off is often denied due to the fact that there is no one to replace the absent employee. In such cases, you can agree in advance with one of your colleagues that he will replace you during this time.
- You can also do most or all of your work in advance (if possible).
- You can agree with your boss that the work for the days you are absent will be completed later.
- If you ask for time off to go to the doctor or to sit with a sick child, then you can not, but simply then bring a certificate from a doctor (for example, from a dentist) or. But management still needs to be warned about the current circumstances.
An employee can use a day off earned for overtime work or on officially established rest days at any time acceptable to him.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
A working day that an employee of an enterprise wants to use as a day off must be agreed upon with management, however, there are exceptions to the rule, the reason for which is blood donation.
There are cases when an employer refuses to provide time off, citing the fact that the time of use has already expired.
Is there a statute of limitations for time off, and when is the best time to use it? You will learn about this from our article.
Regulatory framework
Actions between the performer of labor duties and the administration of the enterprise regarding time off are not regulated by clear restrictions or actions.
Taking into account the instructions in Art. 107 of the Labor Code of the Russian Federation, stipulates that such days are days off as compensation for the extra-hour time spent performing one’s duties, under certain conditions, or for production needs.
Articles regulating the relationship between employer and employee on issues of monetary compensation and the provision of days off for working overtime are given in the table.
You can read the text of the Labor Code of the Russian Federation here:
Using it without approval from the management of the enterprise during working hours of the day to rest for overtime hours worked may be considered absenteeism.
On a working day, you can not go to work without an appropriate order only for donation and undergoing a medical examination on this issue.
According to other options, the parties independently agree on the date of the day off when engaging an employee to perform overtime work. For such work, the issue of calculating wages at double or single rates and providing time off without pay can be resolved.
A worker who has earned time off can use it as needed.
Limitation periods
Now let’s consider the question: how long is time off work valid?
Since there is no clear formulation of relations in labor law regarding the statute of limitations for using time off, there are different opinions and the following questions arise on both sides:
- Does the enterprise administration need to set specific dates for the use of additional days of rest in an order?
- How long can you use earned time off?
It is impossible to limit the period of use of a day off for an overtime day worked with the issuance of an order for the enterprise, because this would be a violation of labor law.
The Labor Code prohibits the use of restrictions that worsen the conditions of workers. This is stated in Article 8 of this law.
For limiting the time of use of days off, the actions of the management team fall under Art. 5.27 of the Code of Administrative Violations of the Russian Federation.
This means that the management of the enterprise faces:
- a fine to the guilty management personnel in the amount of 1000 to 5000 rubles;
- penalties for legal entities in the amount of 30,000 - 50,000 rubles or a ban on activities for a period of up to 90 days;
- for repetition, the offender is punished by disqualification with the inability to hold a position for a period of 1 to 3 years.
If an employee has received a refusal from the employer for his previously worked, out-of-hours time, then he has to seek protection of his rights in court or the labor inspectorate.
Do vacation days expire?
Example:
An employee of the enterprise, Natalya Viktorovna Pavlova, earned 20 days of compensatory leave for overtime and holidays during one calendar year. In response to her application, the employer refuses to provide rest days before the vacation period, citing the fact that their use expired last year.
The employer's actions are unlawful, because he violated labor laws and here's why.
The basis for this conclusion is letter dated March 18, 2008 N 658-6-0 of the Federal Service for Labor and Employment of the Russian Federation, which explains the procedure for providing additional days off (time off) to a hired worker who has worked overtime.
When, at the initiative of the employer, an employee stays at the enterprise after the end of his shift, then, according to legal norms, he performs overtime work.
This can only happen with the written consent of the performer. Relations are regulated by Art. 99 Labor Code of the Russian Federation. Reimbursement for this type of work is made by paying money at a double rate or by providing a day off on a working day.
If he is expected to perform work duties at irregular hours, then he is entitled to add an additional weekend of at least three days to his vacation.
Earned additional days off for overtime are used by prior agreement with the employer.
The only exception to the rule when you can take a day off immediately after the date of providing blood to a medical institution is in connection with donation, which is reserved for the worker by law.
Thus, the employer violated the rights of the worker who had previously earned time off.
When is the best time to take them?
The period for using additional days off earned outside of school hours is best agreed upon immediately with the employer.
Since the law does not establish a period when time off can be taken, the parties themselves negotiate the nuances of the period of provision.
Based on a compromise solution, the employer, by written agreement of the employee, issues an order to involve him in work overtime and indicates the period for using rest days.
At the request of the employee, these days can be added to the next vacation.
In this case, the HR department must receive the following documents:
- notification of the employee about overtime work, which contains his signature confirming his acquaintance;
- an employee’s application for an additional day off during a certain period or specific date;
- an order requiring overtime hours, indicating the conditions for granting time off.
The document options can be found in the examples below.
Example of an employee notification:
![](https://i0.wp.com/kadriruem.ru/wp-content/gallery/otgul/%D1%83%D0%B2%D0%B5%D0%B4%D0%BE%D0%BC%D0%BB%D0%B5%D0%BD%D0%B8%D0%B5.jpg)
Example of an employee statement:
![](https://i2.wp.com/kadriruem.ru/wp-content/gallery/otgul/%D0%B7%D0%B0%D1%8F%D0%B2%D0%BB%D0%B5%D0%BD%D0%B8%D0%B5-%D0%BD%D0%B0-%D0%BE%D1%82%D0%B4%D1%8B%D1%85.jpg)
Example of an order:
![](https://i0.wp.com/kadriruem.ru/wp-content/gallery/otgul/%D0%BF%D1%80%D0%B8%D0%BA%D0%B0%D0%B7.jpg)
What to do if the employer has already “owed” days off for several years?
A worker who has earned overtime days off but has not used them may receive monetary compensation for the past year or upon dismissal.
All accruals are made in the same way at the request of the recipient of compensation.
Example:
The company accountant's three-year contract expires in June, which describes his rights to rest for a period of 28 days annually. In addition to vacation, working overtime earned 8 days of compensatory time, which were not all used.
Working for three years, the accountant spent only 50 days of main vacation during the entire period. Is the organization obliged to compensate with payments for all vacation and additional days off that were never used (28x3+8-50 = 42 days)?
The opinion of experts is based on the fact that the concept of contract is equated to.
Labor law provides for the right of a resigning employee to receive compensation for all days of annual leave and vacation that he did not use. Payments must be made on the day of dismissal.
22Apr
Hello! In this article we will talk about the features of registering time off.
Today you will learn:
- What reasons are allowed for granting time off;
- How to properly arrange time off;
- What to do if an employee gets sick while on leave.
What is considered to be a vacation?
If an employee wishes to leave the workplace for some time, the manager, represented by the personnel department, can provide him with such an opportunity. There are several reasons for these purposes. The main feature is that they be respectful. A day off received under such conditions is considered time off.
The legislation does not provide for clauses containing the word “time off”. This suggests that some points are established by the company’s internal documents. They must be of the same type and applied to each employee.
Time off is granted by agreement with the employer. If an employee does not notify the latter of the upcoming day off, he may lose his job. This will be considered absenteeism and subject to control by the Labor Code. Registration of a day off must be accompanied by a written statement from the employee.
Who is entitled to time off?
The law establishes several reasons that can become reasons for taking time off.
Their list includes:
- For working on a weekend or holiday;
- For overtime (for hours, a day or several days);
- For hours that have already been worked;
- For donating blood in a medical institution (donation);
- For a wedding event;
- To the funeral;
- For the birth of your own child or children of close relatives;
- Time off for a parent who is raising a minor child under 14 years of age without the help of another spouse.
The company can also develop its own time off system. This is often done in order to motivate staff to exceed plans and other indicators.
For example, the company may provide additional days off for:
- Execution of the plan in the current month;
- Replacing an absent employee;
- Exceeding working hours in a month beyond the norm;
- Proposing some new idea for the development of the enterprise, which will allow more efficient use of available resources;
- Participation in the cleanup.
Also, time off can be timed to coincide with some important events in the employee’s life (September 1 or a matinee in kindergarten). Such days off are provided only at the discretion of the employer and are not regulated by law.
An important condition for taking time off is that it should not worsen the employee’s situation. Information on the provision of such hours must be specified in the contract between the employee and the company.
Personal matters
The Labor Code states that an employee has the right to receive overtime days off for the following periods:
- Birth of a child;
- Wedding events (if the employee acts as a future spouse);
- Death of a close relative.
Weekends for these purposes are provided without pay, at your own expense. This means that the employee will lose the amount of average earnings for the number of days he will be absent. Money is deducted for the month in which the time off was provided. That is, the next salary will be reduced by a certain amount.
Example. The employee receives a monthly salary of 30,000 rubles. Taking into account the number of working days in a month (for example, 20), the average daily earnings is 1,500 rubles. For 5 days off, the employer will deduct 5*1500 = 7500 rubles from the accrual amount. The employee will receive in hand (including): (30000-7500)-(30000-7500)*13% = 19,575 rubles.
We count vacation
Every year an employee can go on vacation. The deadline for the latter is established by law and is equal to 28 days. It is allowed that 14 days must be taken into account as vacation inseparably within 365 days.
The remaining two weeks can be disbanded by the employer and the employee in different ways by mutual agreement. For example, an employee wants to take three days in one week as vacation, 5 days in another and the last.
You can also take time off as part of your vacation. For these purposes, a corresponding statement is written indicating the reason for the weekend (in this case, vacation). For each day of such time off, the average earnings are maintained, that is, these days are paid.
By registering absenteeism, the number of days allotted for annual leave is reduced. This means that if an employee took 13 days off due to vacation, the latter will be 15 days per year.
What is due for recycling?
If you have spent more than normal hours at work, you can count on time off. Involving personnel in carrying out work beyond what is required is possible only with their consent. It is drawn up in writing and submitted to the personnel department or manager.
There are several reasons for voluntarily recruiting staff during non-working hours:
- If there is a temporary and unexpected delay at the enterprise (for example, the supplier did not deliver materials on time). When an employee does not complete the production of the planned volume of products during his working hours, he can be involved in overtime work only in cases where the unfulfilled plan threatens damage to goods or harm to the health and life of people;
- A temporary malfunction that will lead to the interruption of the activities of a large number of company employees;
- Absence of one of the employees if the work process in the company is built on continuity.