Documentation of time off for previously worked time: sample order and important points

Home / Labor Law / Vacation

Back

Published: 05/26/2016

Reading time: 6 min

0

5784

Time off is the time that an employee was absent from work, if it has already been worked or is about to be worked. The Labor Code of the Russian Federation states (Article 153) that in exchange for a worked day off, an employee can receive rest on another day.

  • Order structure
  • Document functions

Also, “time off” refers to other days off: this can be a vacation at your own expense without pay, or one of the days of additional paid vacation. It is necessary to distinguish them.

Usually, when for some reason, for example, production needs, the employer asks employees to go to the workplace on their legal days off - holidays or calendar days off - he necessarily provides them with the opportunity to take advantage of the right to unrealized rest at a later time.

But an employee cannot simply not show up for working hours, knowing that he is legally entitled to time off . He must agree with management on the time of granting a day of rest by submitting an application to him. The manager reviews it and, if he agrees with the date, issues an order.

The application and order for time off for previously worked time must be written in the same month in which the day was worked. In this case, the accountant will not add to the salary the amount due for work on the given day (salary is calculated for the actual day worked in a single amount, the day off is not paid).

Terminology

In general, the concept of “time off” is not found in business practice. This colloquial expression refers to all types of days off. Whereas every qualified personnel officer knows that there is a paid day off, and there is an unpaid one. There are also vacation days at your own expense. In the documentation and timesheets, they all have different designations.

And since the order is an official document of the organization, it must indicate exactly what kind of day off the employee is given.

How to properly arrange time off in 2021

It is better not to take more than fourteen days off per year, then they will not be deducted from the length of service. All other days are excluded from the labor history. Let’s say you went on leave without pay twenty times a year, then six days will be taken away from your work experience. At first this may seem almost unnoticeable, but when the time comes to receive a pension, a shortened period of service may become a reason to reduce the amount of accruals.

We recommend reading: What is the authorized capital of the bank?

The boss must provide unpaid days off if the employee has a wedding, the birth of a child, or the death of a relative. The duration of such leave is five calendar days. These three grounds for time off are the only ones specified in the law. The boss may consider any other reason for taking time off to be not compelling enough and refuse the subordinate. Most often, refusal is due to either personal hostility towards the employee or his indispensability.

Elements of an order

This kind of documentation is always prepared on letterhead. This is done so that the details of the organization printing the official paper are proudly displayed at the top. This is how it is customary to draw up orders for personnel in accordance with existing legislation.

If the organization is small and there are no letterheads, then to comply with the requirements it will be necessary to indicate at the top of the paper the name of the organization and its basic details: legal address, tax identification number, checkpoint, telephone number, etc.

The main part of the order describes significant points specifically and clearly. It should contain the following information:

  • Which day was or will be worked and counted as worked. A specific date must appear, including the year.
  • Full name of the employee and his position. Very often, just a last name and initials are enough.
  • Which day will be a day of rest on account of hours worked? If there are several such days, then the dates are listed separated by commas.
  • Payroll. It may simply say: “Calculate wages in accordance with the order,” or it may mention the specific name of the accountant who will sign at the end.
  • Who is responsible for familiarizing employees with the issued order? This is a rather formal procedure, since according to the law, employees should already be aware, since they themselves wrote an application requesting this time off.

If an order is drawn up for several employees at once (for example, for an entire structural unit that previously worked in full on a holiday or day off), then it is more convenient to place a table in the text of the order. If the list is extensive, then they resort to compiling a tabular part as an appendix.

In this case, do not forget that each employee will be required to submit a separate application in a legally competent form. In practice, they are printed out and given to everyone for signature before signing the order.

The employee’s signature at the bottom of the paper will only mean that he is familiar with the event and that the information has reached him in full. But this “autograph” does not mean his support and complete approval.

Grounds for taking time off

An employee has the right to receive an additional day of rest in 3 cases:

  • when an employee goes to work on a day that is a day off for him (Article 153 of the Labor Code of the Russian Federation);
  • when going to work coincides with the day of blood donation or the day of blood donation falls on the period of the next vacation or on a general day off or a non-working holiday (Article 186 of the Labor Code of the Russian Federation);
  • when the donor does not immediately use the day allotted to him for rest following the day of blood donation (Article 186 of the Labor Code of the Russian Federation).

In the first case, time off occurs if the employee decides to refuse the double amount of payment for work on a day off, choosing a single amount of this payment and providing an additional unpaid day of rest.

Rest days provided to donors (as well as days of blood donation) are paid. The amount of this fee is determined by the employee’s average earnings.

The right to choose the day to which the rest day will be transferred remains with the employee. But he cannot always make such a choice immediately at the moment the right to time off arises. Therefore, the employer needs to organize a record of the facts:

  • the appearance of time off;
  • their use by employees.

Familiarization

In addition to the manager’s signature, the document must also contain “autographs”. Firstly, the employee who wrote the application for a day off on account of the time worked signs there. Secondly, the accounting department must be aware of such changes, regardless of whether there is a signature on the order form or not.

If the text of the order contains clauses about making payments, then all this must be certified by an accountant or a person who is directly involved in payments in the organization. Only in this form will an order on time off for previously worked time acquire the necessary legal force. It is worth noting that you can take a day off not for previously worked time, but with an agreement that this day will be worked. Moreover, in order to avoid misunderstandings, it is necessary to precisely agree on what date this will be carried out.

How to issue an order for time off for pre-worked time

Time off is the time that an employee was absent from work, if it has already been worked or is about to be worked. The Labor Code of the Russian Federation states (Article 153) that in exchange for a worked day off, an employee can receive rest on another day.

But an employee cannot simply not show up for working hours, knowing that he is legally entitled to time off . He must agree with management on the time of granting a day of rest by submitting an application to him. The manager reviews it and, if he agrees with the date, issues an order.

Is registration required?

If the relationship between an employee and an employer is trusting, they sometimes “agree verbally” and swap working days and weekends without drawing up official papers.

Such irresponsible behavior is contrary to the Labor Code. Moreover, it also creates additional difficulties in accounting. When calculating the required payments, the employee’s working day and day off, and the increase in pay may not be taken into account. And all because the corresponding application and order for time off for previously worked time was not issued. Both the personnel officer and the accountant must have legal grounds in the form of primary documents for the proper execution of their payments and payments. In addition, there is a risk here for both the employer and the employee.

After all, according to the law, responsibility for the safety of an employee in the workplace lies with the employer. And if an employee injures himself on a given day off and does not document this, then this will be considered a work-related injury.

As for the storage period, the order for time off for previously worked time relates to personnel documentation and is stored for 5 years (if the employee does not have to deal with difficult and harmful working conditions).

Purpose of the document

Most situations when issuing time off for an employee involve drawing up an order indicating the exact date of rest and recording the reason for providing additional time for rest (for example, working on a day off, working overtime).

Drawing up an order for granting time off allows the employer and subordinate to avoid conflict situations (by agreeing orally, the manager can record on paper the fact of the employee’s absence from work).

The Labor Code does not emphasize the obligation to draw up a document, but without it, a subordinate will not be able to exercise the right to receive time off.

Sample registration at your own expense (without saving salary)

Additional days without pay are provided to employees only after agreeing on this issue with the head of the enterprise.

But what if the reason is good enough, but the employer does not issue an order? In such situations, the Labor Code of the Russian Federation can come to the rescue, which indicates the strictness of providing rest days in some cases:

  1. birth of a child;
  2. wedding day;
  3. death of a close relative.

Important! If there is a good reason, the duration of leave can last up to 5 days. Taking advantage of this right, the application indicates the basis - Article 128 of the Labor Code of the Russian Federation.

Any other reason for the administration of the enterprise may seem disrespectful and serves as a refusal to grant time off. A negative decision by a director is often caused by personal conflicts with an employee or the inability to replace him during his absence.

Order structure:

  • name of the company, type of documentation (order), number and date of the order, assigned according to the company’s document flow;
  • Full name of the employee and his position, date of grant of leave;
  • information about the lack of payment for the provided days of rest;
  • instructions to the personnel specialist to familiarize the worker with the order;
  • position of the head of the enterprise, his visa.

A separate line indicates the basis for issuing the order (Article 128 of the Labor Code of the Russian Federation, statement of the subordinate), as well as the employees who must familiarize themselves with the document and those responsible for its implementation.

orders for the weekend at your own expense without content - word:

Drawing up when providing on account of vacation

If the employer agrees to grant his subordinate time off for vacation, he issues an order also on the basis of the employee’s completed application.

The order is drawn up in an approved form (like a regular leave), a free form is also not prohibited.

If the document is prepared in the T-6 form, then it can be conditionally divided into three blocks:

  1. a header that records the basic information of the enterprise (OKUD and OKPO codes), personal data of the employee, position in accordance with the staffing table;
  2. content indicating the period for which leave is due, column “A” contains the phrase “annual paid leave”;
  3. a design block confirming the legality of the document.

Next, the manager puts his signature, the employee also leaves an introductory signature.

order for time off on account of annual paid leave – word:

For previously worked time

This type of order is drawn up according to generally accepted standards of office work.

Important! The employee’s application and the order for time off for previously worked time are issued in the same month when the employee went to work.

Then the accounting employee does not add to the salary the amount due for work on the given date (monetary remuneration is accrued for the day worked in a single amount, time off is not paid). The order must emphasize this fact.

The HR department makes the necessary amendments to the time sheet.

The subordinate and the accountant must be familiarized with the order so that wages can be calculated correctly.

Sample order for granting time off for previously worked overtime – word:

For working on weekends

If an employee is called to work on non-working holidays or calendar days off, then he has the right to choose either increased pay for the time worked or an additional day of rest - time off.

Even one hour worked on a day off is enough to ask management for one full day off.

Sometimes the order to go to work on weekends (holidays) already contains information about granting the worker a day off on a certain date or increased pay. Then there will be no need to issue an additional order.

Current legislation allows the employee to choose the method of compensation for overtime.

If the decision to take on additional work is positive, he indicates what exactly he wants to receive—a monetary supplement or additional rest.

If the company management refuses to record time off, the employee has the right to write an appeal to the Labor Inspectorate or to court to resolve the conflict.

instructions for time off for work on weekends – word:

How to apply for time off for previously worked time

After six months of work in the company, each employee is given 28 days of paid leave. You can use them either by using them all at once or by dividing them into several parts. The only rule that is important to follow in this case is to go on vacation once for at least 14 days. The remaining time can be used as you please.

We recommend reading: Travel benefits for regional labor veterans in other regions

It is very simple to write an application for time off for previously worked time - the application form is standard. But, it is important not to forget that such a concept as “time off”, as mentioned above, does not exist in the legislation. That is why the application is written not for time off, but for an additional day off on account of previously worked time.

Time off for previously worked time (sample)

According to generally accepted rules, the application must be written in the employee’s own hand on a standard sheet of A4 paper in free form in the first person. The content must be formulated clearly and concisely, but it must fully reflect the essence of the request.

In the above cases, the employer should not reject the request of the employee who approaches him with an application. It is justified by family circumstances and other types of reasons that respect the request. The duration of the leave is determined by agreement reached between the parties.

Application for time off for previously worked time

  1. On whose behalf and to whom the document is written (full name and position).
  2. The name of the document itself is “Application”.
  3. The main text indicates the reason for the required day off, the date, previously worked shifts, and the day on which the day off is required.
  4. Date, as well as the worker’s signature with a full transcript.

Can they refuse to grant time off for previously worked time? If the employee wrote a statement according to all the rules a few days before the expected day off, then the employer does not have the right to refuse time off .

Day off on account of annual paid leave

Sometimes employees ask if they can take time off as vacation time, and sometimes employers insist on it. But in doing so, you need to consider:

  1. In accordance with the provisions of subparagraph “c” of paragraph 34 and subparagraph “e” of paragraph 39 of the resolution of the plenum of the Supreme Court dated March 17, 2004 No. 2, time off, which, in fact, is additional rest time, is not a vacation.
  2. The provision of annual paid leave is regulated by law and is provided on the basis of a regulatory act approved by the employer itself - the vacation schedule. The minimum duration of annual paid leave is not less than 28 calendar days. If an employer provides a day off to account for unused vacation, but at the same time reduces the number of calendar days of rest required by law for an employee, he will be held administratively liable.

But if the employer is ready to provide a day off on account of vacation, it is necessary to make changes to the schedule each time. And remember: the employee must accrue vacation pay at least three days before the vacation. The answer to the question: what articles of the Labor Code of the Russian Federation regulate the employee’s right to take days off as vacation under the Labor Code of the Russian Federation - there are no such articles in the current version of the Labor Code of the Russian Federation, this norm has been abolished. According to Art. 128 of the Labor Code of the Russian Federation, an employee has the right to apply to the employer for leave without pay in the presence of family circumstances and other valid reasons.

Order for time off pre-worked time sample

The application is submitted to the boss for signature, an order is issued to grant the day off, and then it is transferred to. A sample application for an order to provide time off in advance: at one’s own expense, for time previously worked and for family reasons. Sample application for time off: at your own expense, for previously worked time and for family reasons. How to correctly write an application for time off for previously worked time. The necessary details that should be in the application for time off for previously worked time were indicated above. The only thing that needs to be discussed in detail is the correctness of writing such a statement. It is no different from other applications (providing vacation, other time off). But, it has a peculiarity: in the descriptive part of such a statement, it must indicate exactly when the person was involved in extracurricular work, or on a day off, a holiday, so that HR workers could verify whether this employee was actually involved in extracurricular work. work, as well as on weekends and holidays. Finding a compromise if the employer does not.

On donation According to Article 186 of the Labor Code of the Russian Federation, employees of enterprises that donate blood and its components as donors are entitled to the following days off: 1 day for examination; 1 day when blood is drawn; 1 day after donating blood. A total of 3 days are provided. When donating blood, donors must be issued a certificate from a medical institution, which must be provided to the employer. If you plan to use your time off immediately, as this procedure suggests, then a certificate will be sufficient for the employer. However, if a person wants to use this time off on another day or add this day off to vacation, then he needs to write an application. The descriptive part of the application reflects the basis for the time off (please refer here.

Rating
( 2 ratings, average 4.5 out of 5 )
Did you like the article? Share with friends:
Для любых предложений по сайту: [email protected]