When and how you can take time off for previously worked time - sample documents, payment and provision procedures

09.07.2019

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5 minutes.

When concluding an employment contract, the employer and employee fix the working hours. In most cases, we are talking about a forty-hour week, unless a rotation method is provided. When an employee, at the request of his superiors, overworks a certain number of hours, he has the right to receive monetary compensation or an additional day off for them. The features of providing the second are described in the article.

Labor Code on time off

The main aspects related to the relationship between employee and employer are enshrined in the employment agreement. It specifies the work and rest schedule, the principle of wage formation, and the responsibility of the parties for violating the provisions of the contract. In rare cases, the document contains information about granting time off; therefore, for clarification, it is worth contacting the legislation directly.

A number of categories of citizens have the right to receive an additional day off, as well as all others in the presence of significant circumstances. To ensure that absence from work is not classified as a violation of discipline, it is necessary to notify management in advance and obtain permission. Let's consider the grounds for granting time off according to Russian legislation:

• against previously spent time;
• donation;
• as part of a vacation;
• time off at your own expense.

In modern legislation there is no term “time off”, but it is used in informal communication. In the company's regulatory documents, failure to appear is recorded as a day off or vacation, depending on the basis for the provision. According to the Labor Code of the Russian Federation, time off for previously worked time is an additional day of rest that compensates for overtime.

Nuances

By law, in some cases, an employer is required to provide its employee with an additional day off, even if it has not been worked previously. There are only four of them:

1. It is assigned to a blood donor. If an employee decides to donate blood, this day is considered a day off for him. In this case, a special code is written on the report card - the letter “G”. Also, the next day can optionally be an official additional paid day off. This right is reserved for those who donate blood an unlimited number of times;
2. Officially provided to service employees who worked in emergency situations, as well as to those who helped eliminate the consequences of natural disasters or accidents;
3. Employees of companies who, due to operational necessity, were forced to go to work on holidays have the right to count on it;
4. If the employee works on a rotational basis and the number of days he had to work exceeded the norm.

In these cases, you need to write an application in a standard form indicating one of the four listed reasons, and also provide an additional supporting certificate or document. In this case, the employer does not have the right to refuse to provide time off - this is stipulated in the law of the Russian Federation.

Extra days off or overtime pay? The choice remains with the employee. The main thing is to act in accordance with the law, discuss everything in advance with the employer and fill out all applications in accordance with the approved form.

Sources

Features of time off for early hours worked

Delays at work due to production needs are a common occurrence. Sometimes management asks you to work a shift on a day off. By law, every hour of attendance on duty outside of the schedule must be compensated financially, and at a higher rate. This is not profitable for the employer, so an additional day off is often granted if a sufficient number of hours have been accumulated.

Employees who:

1. They worked on Saturday or Sunday on a five-day schedule.
2. You went to work on a holiday or your official day off.
3. We stayed late at work at the request of management.

It is important to know! If a person, on his own initiative, decides to spend more time in the company, then it is difficult to achieve compensation.

An employee should first familiarize himself with the specifics of payment for overtime work and work on holidays. As a rule, the rate per hour is several times higher, therefore, it is more profitable for the employee to receive money rather than a day off. Management cannot deny this right, but will do everything to ensure that the employee prefers an additional day of rest.

What to do if you are denied time off

If an employer involves his employees to work beyond their work schedule or on weekends and holidays, he is obliged to pay for these days. Workers, in turn, have the right to choose - either to take payment or to take one or more days off during the working month.

That is, the employer has an obligation to either pay for the hours that the employee worked outside of his working hours, or to let the employee rest for one or several days. It turns out that failure to provide time off at a time convenient for the employee is a violation of his labor rights. This is exactly what is said in Art. 153 Labor Code of the Russian Federation.

If an employer refuses to give his employee time off, you can do the following:

• contact your superiors in writing and ask for an additional day of rest. The application must be properly registered as an incoming document;
• Now you need to wait for a written refusal from your superiors to allocate a day off. If management does not provide such an answer, the following steps must be taken immediately. The employer is given 30 days to consider the application from the employee. If he does not give an answer within this time, this will be regarded as a violation of the employee’s labor rights.

Having received a written refusal or not received it at all, the employee has the right to take the following actions:

• write a complaint to the labor inspectorate at the employer’s location. The complaint must indicate what measures were taken by the employee to resolve the conflict situation. That is, you need to provide a link to the completed application (indicate the date of registration and the incoming document number), as well as indicate the details of the written refusal (date of issue and number of the outgoing document). If the employee did not wait for a response from management at all, then this fact must be reflected in the application;
• within 30 days after registering a complaint with the labor inspectorate, the employee must receive a written response. As a rule, inspectors will conduct an inspection during this period. The inspection can be on-site, that is, labor inspectors will come to the employer and check his personnel documents. But they may also require documents to be brought to them;
• If a violation of the employee’s rights is revealed, the employer will be held accountable under Art. 5. 27 Code of Administrative Offenses of the Russian Federation.

The employee also has the right, in parallel with the complaint to the labor inspectorate, to file a complaint with the prosecutor's office. This is also a mechanism for influencing an unscrupulous employer.

Important! The employee must take measures to independently resolve the conflict situation. Therefore, sending an official written statement to management is a mandatory measure. After the employee receives a written refusal or does not receive any response at all, he can approach management and explain that he will now write a complaint to the labor inspectorate. As a rule, such a mention is enough to get your legal time off.

Procedure for granting and processing time off

Overtime gives the employee the opportunity to choose - a cash payment or a day of rest; the decision is made by the employee, not the employer. There are several important rules related to compensation for time spent:

1. It is unacceptable to receive both money and a day off at the same time - you must choose.
2. You cannot work off time off later, that is, hours or shifts are accumulated first, then they are used.
3. If a person does not come to work and then refers to the presence of overtime, his failure to appear is classified as absenteeism.

You should notify management in advance of your desire to use a day of rest, obtain consent for this and make sure that the information in the time sheet is entered correctly. Providing time off for previously worked time is the employer’s responsibility, not his right.

Application, order

To receive an additional day off, it is enough to submit an application. It is recommended to do this in advance so that management can adjust the schedule, especially if the absence of an employee will affect the production cycle.

When submitting an application for time off for a previously worked day, it is important to remember the following nuances:

1. There is no concept of time off in the law, so the request will be for a day off to account for the time worked.
2. There is no unified application form, so you can write in free form. If the company has its own letterhead, you should use it.
3. It is acceptable to type the text, but the date and signature must be written by hand.

Attention! As for the request form itself, you should indicate the date of the desired day off and the day that was worked unscheduled. If we are talking about several shifts with overtime, then all dates and hours are indicated.

After considering the request, the employer issues an order reflecting the information from the received document. The manager has the right to verify data on hours and shifts against the accounting sheet. An application for time off for previously worked time is submitted to the immediate supervisor and written in his name.

Options for using time off

Time off may be granted on the following grounds:

• the employee worked overtime;
• there is a need for him to perform his work duties on weekends or holidays;
• total processing during the rotation method;
• active participation in the donor movement;
• free blood donation;
• towards future annual leave;
• at your own expense.

Time off is granted on request. There are several options for using your earned rest day:

• receive additional payment to your regular salary;
• book one more (or several) days for your annual leave;
• arrange an additional day off on any day. Which will be convenient for the employee.

Paid time off for early hours worked

There is no additional compensation for time off for time previously worked. In fact, the days of service are swapped, so the salary will be accrued according to the terms of the employment contract. If, instead of a day off, an employee chose cash payment, he will receive an increased payment.

When it comes to time off for vacation, the workday will be paid in accordance with the procedure for financing the next vacation. For this purpose, the company uses special formulas.

How long can I take it?

An application for time off for previously worked overtime or on a day off must be written within the current month, otherwise, upon completion, the employer will simply charge increased pay. Then the right to rest will be lost.

An application for rest due to work while on vacation can be written later; there are no restrictions in this regard.

If a request for time off of these vacation days is not received from the employee during the year, these days are added to the annual paid vacation in the next year and are included in the vacation schedule.

Display in the timesheet

All aspects related to the work activity of employees are recorded in the working time sheet. This document is used by the accounting department to calculate payroll. All days have a code designation.

It is important to know! It is important for the employee to ensure that all days of his actual presence are noted. When time off is taken from previously worked time, it is marked as NV, which means an unpaid day off. Please note that in this case the processing must be recorded in the report card.

Instructions for writing an application for time off

The application for time off takes the form of a generally accepted template and should not pose any problems when filling it out. Most often, the application is filled out on an ordinary A4 sheet in 2 copies.

1. On the right side, at the top, you need to display who the document is addressed to. Displayed here:

• Position of the head of the company (director, manager, etc.),
• Full name of the company, displaying its status (OJSC, ZOA, LLC, individual entrepreneur).
• FULL NAME. director.

1. Then, in the same way, data about the author of the letter is entered (position, structural department, full name).
2. Then in the middle of the line you need to display the name of the “Application” form.
3. The main block of the form must reflect the essence of the request. Here you must definitely note the planned date of the day off and the reason for its implementation. If a co-worker has an urgent need for time off, then this also needs to be shown (it is advisable to provide documentary evidence).
4. At the end of the form, the document must be signed with an obligatory transcript and the date of sending must be set.
5. Finally, you need to send the completed document to the reception for its registration.

Limitation periods

In most cases, there are no restrictions on the use of days off against time worked. An employee has the right to apply for it even after a couple of months, although it is easier for management to give it a day as quickly as possible and close the issue.

In a number of companies, internal documentation specifies the timing of granting time off, for example, within thirty days after overtime. These rules are valid if the person read the text during employment and signed his/her consent. As for the number of days and hours that are provided, they must be equivalent to the period worked.

Form

The state provides a specialist officially working for a company with the opportunity to receive a day for rest:
When compensating for extracurricular work, this provision is reflected in Art. 152 of the Labor Code of the Russian Federation, which stipulates that an employee has the right to choose the type of compensation - either time off or financial compensation.

When taking time off, the number of hours allotted for rest must be equal to the unscheduled hours worked. For example, if 12 hours of overtime work have accumulated, then the specialist receives the right to an 8-hour rest day and half of the next day, equal to 4 hours. In the financial compensation option, the procedure is as follows:

The initial 2 hours of work are paid at a rate increased by 1.5 times, and all remaining hours are paid at a double rate. Below is the form for applying for time off in the described version.

If the management turns to a specialist to come out to work on a personal day off or on a holiday, then the salary must be calculated at least at double the rate. Then the Labor Code is guided by Art. 153, and the specialist has the right to choose:

1. Agree to double salary.
2. Receive an ordinary salary, and in the form of compensation take time off or the number of hours earned for rest. The application form is presented below.

In both options, when filling out a request for time off, the structure of the letter is the same and must certainly display the following blocks:

1. The initial section is the “header”, which displays information about the official to whom the petition is being submitted (position, full name, company name). Information about the author of the petition showing (position, structural unit, full name)
2. Name of the form – here you need to write the word “Application” in the middle of the line. It is advisable to highlight the word whiter with bold text or larger letters.
3. Main section - in this part of the document it is required to state the essence of the request, displaying the date of the planned vacation and the reason (for example, on account of extracurricular activities, on account of annual “vacations”, without accrual, etc.). There can be many reasons.
4. Final section - in this block of the letter the date of its execution and the signature of the author who submitted the petition are filled in.

How to apply

Any omission by a specialist from work at the company must be explained in writing.
After all, some incident may happen to a person or other circumstances may arise that need to be urgently resolved without the permission of the authorities. Unreasonable absence from work is fraught with big troubles for the employee. Therefore, before leaving work, you need to notify your superiors in writing of your intention to take time off, and also agree on the date of its allocation, regardless of the degree of overtime.

After receiving a request for time off, management is required to write a visa on the form, indicating consent to grant the employee time off. After the visa is issued, the document is sent to the personnel department for drawing up an order.

The order must indicate why the specialist is given time off, state the reason for being hired to work on weekends, and reflect the previously issued order. If a specialist is given time off instead of working on weekends, there is no need for a new order on time off; it is enough to note the data on the report card.

Today, in the Labor Code of the Russian Federation, the rules for allocating time off are not completely regulated; some people have a question: is it possible to go on time off without the knowledge of the director of the institution? The answer is clear - if a specialist misses any work, he will be assigned the status of absenteeism.

Kinds

An employee may need time off for various reasons. Each type has its own characteristics, so they should be considered separately.

Whatever the circumstances and reasons, it is important to remember that it is best to provide advance notice or negotiate the need for time off in advance with your employer.

The most common types:

• for family reasons. Any working citizen has the right to ask for one-day (or several days) leave for family reasons. The employee is recommended to notify the employer of a difficult life situation that requires an urgent solution. You should not overuse writing statements with the wording “for family reasons”.

• at your own expense. There are cases when a working citizen plans his absence from the workplace, but the time off has not yet been earned. Then it is possible to write a petition asking for a free day off during the work week. The employee will be given unpaid time off. In this case, the cost of a working day (days - if the employee takes several free days off) is deducted from the salary.

• towards the vacation. It is given to working citizens who have worked at one enterprise for more than 6 months.

But what about citizens who have worked for less than 6 months at one enterprise (this includes the following categories: pregnant women, minors, part-time workers, pensioners)?

Such categories, with a short period of time worked, can also ask for time off, but only for a serious, good reason!

• according to a donor certificate. Donors of blood and its components. Donating blood and its components frees you from the need to work that day. It is important to remember that if the donor citizen still works on the same day, then, if he wishes, he can ask for time off at a time convenient for him. Time off is also provided on the day of the examination related to blood donation.

• for unused vacation. Provided to employees who were unable to take their entire vacation (for example, an urgent call to work).

List of situations - valid reasons that must be indicated when writing an application:

• funeral;
• wedding;
• birth of a child;
• doctor's certificate (for urgent surgery);
• resolving personal issues with the help of authorities whose working hours coincide with the worker’s work schedule;
• urgent departure/departure, etc.

It is important to remember that the employee’s desire to get a vacation is not enough. The consent and permission of the employer is also required.