Rules for compensating time off. Do I have to pay for time off when leaving voluntarily? Unused time off for working on weekends

According to it, two hours of work above the norm are paid at one and a half times the rate, and all subsequent hours - at double. If an employee was called to work on official weekends, then the time can be safely doubled. Based on this, for each day it is necessary to make an individual calculation of payment of compensation upon dismissal. Let's look at a few examples. During processing Example conditions: In October 2018, the employee worked a total of 8 hours above normal:

4 o'clock October 9,
3 o'clock October 19,
1 hour October 30.

On December 7th, he quits of his own free will, without using his vacation time. On average, an employee receives 150 rubles per hour. Payment calculation:

October 9: 150 rub. * 2 hours * 1.5 + 150 rub. * 2 hours * 2 = 1050 rubles.
October 19: 150 rub. * 2 hours * 1.5 + 150 rub. * 1 hour * 2 = 750 rubles.
October 30: 150 rub.

Time off according to the Labor Code of the Russian Federation

Info

Both parties may be held responsible for this: if something happens to an employee, the organization whose report card states that the employee was at the workplace will be responsible. An employee can easily receive official absenteeism with a warning and entry into his personal file.

Attention

Even if there was verbal permission from the authorities. This is a delicate point that is better to be certified on paper to avoid problems. If it is necessary to leave the workplace for several days without pay, the employee writes a statement, which is signed by the head of the organization.

Afterwards, based on this document, an order is drawn up, which the employee must read and sign on it. The order will be in the employee’s personal file.

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 In Art. 115 of the Labor Code of the Russian Federation designates 28 calendar days of vacation, which are due to each employee.
However, in Art.

Providing time off to an employee: how to register and calculate

Important

Content

1 Regulatory framework
- 1.1 Mandatory right to uncategorized leave
- 1.2 Paid and unpaid time off
2 Types of time off
- 2.1 Overtime on weekdays or appearing on weekends
- 2.2 Payment for work on holidays
- 2.3 Overtime pay
3 Compensation for time off upon dismissal
- 3.1 Application preparation
- 3.2 Calculation of salary or vacation pay
4 The impact of time off on length of service

Time off for employees

The concept of time off as such is not fixed in Russian labor legislation, however, it is a commonly used term denoting the possibility of absence from work on days when the employee’s presence at the workplace is provided for by the corresponding work schedule. In general, time off can be understood as any unpaid day of rest provided to an employee at his request by the employer.

Time off for extenuating circumstances, the obligation to issue them and the specifics of payment 5. When an employer can refuse to provide time off or compensation At the same time, the Labor Code of the Russian Federation directly regulates the possibility of providing such leave, as well as situations in which the employer is obliged to provide them to an employee without the possibility of refusal.

Time off upon dismissal - compensation for time off

But making the right decision can be influenced by knowing that:

for overtime work and on non-working days, remuneration is required at increased rates;
for failure to comply with labor laws, you may be subject to fines from inspection authorities;
If an employee goes to court, you can lose a lot of time and effort and still be forced to pay compensation for unused time off.

After all, if an employee previously wrote a statement that he wanted to receive additional days or hours of rest, but did not use them, then by refusing him monetary compensation, one may become guilty of violating the law. In essence, the employee is deprived of the right to legal compensation for his labor, since he simply did not have time to use this right due to termination of the employment contract. Comparing the requirements of Art. 84.1 and Art.

Paid time off for working on weekends and holidays

How to properly process compensation for unused vacation days? The following documents are used in this procedure:

Employee statement.
Employer's order.
Certificate from the accounting department with calculation of the amount of compensation.

How are they paid when leaving at their own request? The possibility of payment for unused days off upon dismissal will be affected by:

The employee’s choice is to use time off or pay according to the rate.
the reason why there was additional rest.
availability of processing records in the company.

Is it necessary for an employer to pay for unused time off by an employee when terminating an employment relationship at his own request? Unfortunately, this particular issue is not regulated by the legislation of the Russian Federation.

Paid time off for working on weekends

It is likely that the time off was intended to be added to a future vacation. In this situation, compensation for vacation and time off will be calculated differently.

The first payment is based on average earnings (Article 139 of the Labor Code), and the second is proportional to the salary, in a single amount. If the dismissal did not occur in the month of overtime work, then a conflict may arise when determining the method for calculating the hourly wage rate.

Depending on what period (monthly, quarterly or annual) is taken as the basis for the calculation, the amount of accruals can vary greatly. The fewest disputes arise among those employers who have fixed the chosen payment method in the collective agreement.

For those who have not foreseen such a situation, it is better to use a scheme using the annual standard of working hours, since this will allow one to calculate the most objective indicator of the tariff rate.

Paid time off upon voluntary dismissal

It can be calculated based on the provisions of Article 139 of the Labor Code. The accounting department adds up the total income for 12 months and divides it first by 12 and then by 29.3. It is this amount, withholding 13% of personal income tax, that will be given to the employee for each day missed due to paid leave. The impact of time off on length of service According to some departments, time off time received as compensation for overtime is not included in the calculation of hours worked. This is correct, because in the worksheet they are reflected on the day of actual work with code OB or 27 (day off, holiday or overtime). Days of absence by agreement with the authorities, but without saving wages, are entered by the rater as a pass (letter designation in the report card HB or 28). If there is no provision for working out the missed time on another day, then such time off may negatively affect the actual number of working hours.

Payment for time off: procedure, features of accruals and compensations

Sometimes they are accrued along with vacation days. Table of mandatory time off according to the Labor Code of the Russian Federation. No. Article number of the Labor Code of the Russian Federation To whom time off is accrued Number of days per year 1 128 Workers of retirement age 14 2 Spouses and parents of those killed in the performance of military duty 14 3 Disabled people 60 4 Participants of the Second World War 35 5 Those who register a marriage 5 6 Those whose close relative has died 5 7 Those who have children 5 8 173 University students upon admission to a university to pass entrance examinations 15 9 University students to pass the final certification 15 10 University students to pass the intermediate certification 15 11 University students to defend their diploma. 4 months 12 University students to pass state final exams.
The need to leave for some time for personal reasons.

Poor health caused by a busy work schedule: the desire to rest without using sick leave.
The need to devote more time to part-time work: reporting period, inspections.
September 1, when you need to accompany the children to school and personally attend the assembly.
Disciplinary meetings of parents at school.
A situation where the director of a school where a worker’s children are educated insists on his personal presence during working hours.
Wedding of children, relatives, close friends.
Funeral of relatives and loved ones.
Serious emotional distress when the employee is mentally unable to perform his duties.
Other personal circumstances.

All this may make the employee want to ask for leave at his own expense.

Rest day for working on a day off. When should it be provided? During the calendar year? Does it burn out when you quit, because it’s not a vacation?

Answer

If the date of the day off is not established in the order to engage the employee to work on a day off, then the day off must be provided on any other day by agreement of the parties.

Despite the fact that additional rest time is not a vacation (), for working on a day off, an employee has the right to claim double pay or single pay with the provision of another day of rest. Failure to provide compensation in the form of additional pay or another day of rest is a violation of the employee’s labor rights and may result in administrative liability for the organization and its officials. This conclusion can be drawn from the provisions.

Thus, if an employee expressed a desire to use additional days of rest for working on weekends, and subsequently did not use them, then upon dismissal the employer must compensate them in the amount of a single daily rate for each unused day of rest.

The rationale for this position is given below in the materials of System Lawyer , "Personnel Systems".

Article. The employee is entitled to time off: we will reveal the details of the registration.

“What is time off and how to provide it.

The Labor Code does not contain the concept of “time off”. In practice, this is most often considered additional rest time, which is due to the employee in the form of compensation for:

Work on weekends and non-working holidays;
- overtime work;
- departure on a business trip, arrival from it, being on the road on a weekend or holiday, as well as for work on such days and overtime work on a business trip;
- blood donation.

Additional rest time is not a vacation (resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, hereinafter -). Additional days off, which are provided to certain categories of workers (parents of disabled children, women working in rural areas, etc.) as a measure of state support, are not considered time off.

Time off is granted only at the request of the employee. If rest days are due in connection with blood donation, the employee must also present a medical certificate according to (k). The period for using additional rest time, as a general rule, must be agreed upon with the employer. An employee cannot use time off without permission. If this happens, it can be regarded as truancy. However, the donor has the right, even without the employer’s consent, to take time off on the day of blood donation and the day following it (,).

Expert advice.

Reflect the fact of granting time off in the order.

An employee who is required to work on a weekend or holiday, or overtime, may indicate in the notice when he plans to use additional rest time. If the order for inviting an employee to work on a day off (holiday) or overtime work states that for overtime the employee is given rest time on a specific day, there is no need to issue another order. When engagement to work on a weekend or holiday, overtime work is not properly documented or time off is provided in connection with blood donation, based on the employee’s application, it is necessary to issue a separate order to grant him time off. This document is drawn up in any form. The employee must be familiarized with it against signature. Based on the order, a time sheet is filled out. It happens that time off is granted without an order. The employer notes attendance on the timesheet, but then this time is considered working time. In this case, there is a risk that the company will be held liable for violating labor safety requirements if something happens to the employee while on leave.

Time off for work on weekends and holidays.

As a general rule, working on weekends and holidays is prohibited (). However, the employer can involve the employee in work during this period if there is a need to perform unforeseen work in advance, on which the normal functioning of the organization depends. To do this, you must obtain the written consent of the employee ().

An employee can be required to work on a day off or a holiday without his consent ():

To prevent a catastrophe, industrial accident, and eliminate their consequences;
- to perform work in conditions of emergency or martial law, as well as urgent work in case of fire, flood, famine, earthquake, etc.;
- to prevent accidents, destruction or damage to property.

An employee who worked on a day off or on a holiday has the right to time off. Unlike overtime work, no matter how many hours an employee works on a holiday, he is given a full day of rest (,).

Important article on the website: “Working on weekends and non-working holidays: how and when to provide compensation?”

If an employee takes a day off, work on a weekend or holiday is paid in a single amount, but a day of rest is not subject to payment (). Single pay for work on a day off means that an employee receiving a salary is paid one daily rate on top of it. The salary in the month when time off is used is not reduced. It does not matter whether the employee takes a day of rest in the current month or in subsequent months (Recommendations of Rostrud, approved by Protocol No. 1 of June 2, 2014). A day of rest provided for working on a weekend or holiday should be excluded from the working time norm (). In the timesheet, such a day must be designated with the letter code “B” as a day off (if the employer uses unified forms).*

Time off for overtime work.

When working overtime, an employee performs work duties beyond the established duration of daily work, shift, or beyond the normal number of working hours during the accounting period (). An employee can be involved in overtime work with his written consent in the following cases ():

In order to complete work that, due to an unforeseen delay, could not be completed within the working hours established for the employee, if failure to complete this work could result in damage to property or create a threat to the life and health of people;
- to perform temporary work on the repair and restoration of mechanisms or structures, when their malfunction may cause the cessation of work of a significant number of workers;
- to continue work if the replacement employee does not show up, if the work does not allow a break.

Without the consent of the employee, he can be involved in overtime work: to carry out work to restore water supply systems, lighting, communications, etc.; to prevent a disaster, accident, etc.; to perform work that is necessary in connection with the introduction of a state of emergency, etc. ().

An employee must not be systematically required to work beyond normal working hours. Overtime work cannot exceed four hours for each employee over two consecutive days and 120 hours per year ().

As a general rule, overtime work is paid at an increased rate: the first two hours - no less than time and a half, subsequent hours - no less than double (). Instead of increased pay, an employee may receive additional rest time of at least the amount of time worked overtime. For example, if an employee has worked two hours overtime, he is given at least two hours of rest. This is allowed only at the request of the employee based on his application () (sample below).”

“In this case, wages for time worked overtime are accrued in a single amount, and time off is not paid. We believe that, by analogy with the rules established for working on weekends and holidays, the rest time provided for overtime work should be excluded from the working time norm. Accordingly, the salary in the month in which the employee takes time off is not reduced.”

“Time off for a business trip.

While on a business trip, the employee does not perform work duties, so he is not paid a salary. During the business trip, the employee retains his average earnings ().

However, the employee is entitled to time off or increased pay if the day of departure, arrival or travel falls on a weekend or holiday, and also if the employee during a business trip was involved in work on a weekend or holiday (Article , Labor Code of the Russian Federation, Regulations approved). If the employee was not involved in work on weekends and holidays, but such days fell during the business trip (except for travel time), then he is not entitled to double pay (decision of the Supreme Court of the Komi Republic dated July 9, 2012 in case No. 33- 2838AP/2012).

If an employee worked overtime on a business trip, then he also has the right to pay for overtime or additional rest time (). When possible overtime is known in advance, the indication of overtime work, as well as the employee’s consent to it, must be reflected in the order for sending on a business trip. But even if such an order was not issued, but there was an oral order from one of the managers, the employee has the right to appropriate compensation (). In order to confirm the fact of working on a weekend, holiday or overtime and establish its duration, use certificates, letters or time sheets from the employer - the receiving organization.

Time off for donating blood.

The employee who donated blood may not go to work that day. If he nevertheless went out or donated blood during the period of annual paid leave, on a weekend or holiday, then he has the right to take time off on another day ().

In addition, after each day of blood donation, the employee has the right to an additional day of rest. The employee can add this time off to annual paid leave or use it at other times during the year after the day of donation of blood and its components ().

The procedure for using time off can be fixed in a collective agreement or local act. But the rules established by the employer should not worsen the position of employees compared to the law ().

Time off for donation is paid in the amount of the employee’s average earnings (). In the working time sheet, rest days for donating blood are marked with the code “OV” or “27” (additional paid day off).

Are unused days off compensated upon dismissal?

Upon dismissal, the employee is paid monetary compensation for all unused vacations (). As noted above, additional rest time does not constitute vacation. Therefore, unused time off is not subject to monetary compensation upon dismissal of an employee (decision of the Moscow City Court dated November 27, 2013 No. 4g/1-11476).

To avoid possible disputes with the employee, give him the opportunity, before dismissal, to use the time off that has accumulated during his work in the organization. Additional days of rest in connection with blood donation cannot be replaced by monetary compensation not only upon dismissal, but also during work ( , ).”*

"Important conclusions

1. Time off is additional rest time that is provided to an employee as compensation for working on weekends and holidays, overtime, donation, going on a business trip, arriving from it or being on the road on a weekend or holiday, as well as for working on such days and overtime. work on a business trip.
2. The employer has the right to independently develop and approve the procedure according to which employees will use time off.
3. When an employee is dismissed, monetary compensation for unused time off is not paid.”*

A professional help system for lawyers in which you will find the answer to any, even the most complex, question.

When getting a job, a person must certainly know his responsibilities. But, along with this, you should not forget about your rights. One of the rights of workers under the Labor Code of the Russian Federation is the right to time off. In order to take advantage of the required additional day off, you should know who is entitled to it under labor law, and under what circumstances.

For your information

Previously, this concept was included in the labor code: time off was assigned to those who work more than indicated in their job responsibilities. The changes made to the Labor Code of the Russian Federation also affected this point. Now an employee has the right to receive legal additional days off only in a number of certain cases.

What is time off and who has the right to count on it?

Time off is considered a day off that an employee receives for completing any overtime tasks. This day does not coincide with scheduled weekends. It is often attached to vacation in order to extend it. Also, according to the Labor Code of the Russian Federation, time off can be taken during the working week, by agreement of the employee and the employer.

A worker can receive time off if his work exceeds his job responsibilities. There are several similar situations.

If he worked more than the allotted time.
If you went to work on your legal day off.
Helping your employer during your vacation.
For excellent performance of your job duties, as an encouragement.
If the intensity of work exceeded acceptable standards, as compensation for hard work.
For performing work that is not included in the list of the worker’s labor duties and was performed on a voluntary basis at the request of the employer.

All of these examples can serve as reasons for taking time off. According to the Labor Code of the Russian Federation, an employee has the right to choose in what form he will receive remuneration for work in excess of the norm. Having started work on a day off, a worker has the right to count on double pay or receive money in a single amount, as for a regular working day, but with the right to take a day off at any time at his own discretion. However, this rule applies with a 100% guarantee only if the overtime is documented, since the concept of time off is excluded from the Labor Code of the Russian Federation.

In what cases does an employer have no right to deny a subordinate time off?

In the Labor Code of the Russian Federation, there are reasons why an employer is obliged to give an employee time off. These include:

Wedding.
Funeral.
Blood donation.
For the hours worked recorded in the timesheet.
For going out on days off as ordered.

Attention

Replacing time off with cash compensation

By agreement with management, you can arrange additional days off and allotted vacation in cash. This is done when the enterprise has enough funds to make additional payments and there is an urgent need for the employee to fulfill his job duties. An employee cannot demand a cash payment instead of time off according to the Labor Code of the Russian Federation: according to the law, the manager has the right to refuse payments, allowing his subordinate to take the leave he is entitled to by law.

The employer does not have the right to replace vacation with compensation in a number of individual cases:

You cannot refuse leave, replacing it with compensation, even with the consent of the parties, if the employee is pregnant.
You cannot replace vacation with payments for more than two years in a row: the employee must use vacation at least once during this time.
If work activity is carried out in harmful or dangerous conditions.
If labor activity is carried out by a person who has not reached the age of majority: in our country, this definition means age from 18 years.

These four cases are a legally certified reason in the labor code for refusal of cash payment in lieu of vacation. A manager cannot infringe on the rights of his subordinates; for this he will have to suffer appropriate punishment. Even despite the fact that this happens by mutual consent of the parties.

Additional Information

Another example when it is impossible to replace vacation with monetary compensation: according to the law on the protection of persons who were exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, the vacation they are entitled to cannot be converted into a monetary equivalent.

When are time off granted?

The time off according to the Labor Code of the Russian Federation, which is due for additional duties assigned to an employee or for carrying out work activities during non-working hours, is assigned differently, depending on the specific situation. For example, citizens working on a rotational basis, in accordance with the Labor Code of the Russian Federation, have the right to additional days off attached to their rest time. Also, shift workers have the right to receive monetary compensation for overtime. In their case, overtime has a special character: those working on a rotational basis work for months at a time for 10 - 12 hours, having at best 1 day off per week. Such processing imposes an obligation on management to adequately compensate for significant processing. This is necessary for workers to regain strength before the next shift.

Additional Information

Unlike days off, which are determined by calendar government days or compiled according to the needs of a given particular enterprise, time off is more difficult to regulate. Usually they are provided to an employee when necessary: when he needs to leave for family reasons. The time for this is agreed upon between the boss and the subordinate, taking into account the wishes of the worker and factors of production necessity.

How to arrange time off?

The Labor Code does not provide for compensation for overtime; for this reason, there is no specific form that can be filled out to document time off at any enterprise. Each organization has the right to independently decide what the registration procedure will be. The employee carrying out office work must record all cases of overtime work by employees, their reasons and the form of compensation.

If a worker wishes to take advantage of an unofficial day off for overtime, he must write an application.

In addition to the application for time off under the Labor Code of the Russian Federation, the employer must issue an order indicating the time for providing the vacation and the reason. Otherwise, if an accident occurs to an employee while he is away from work, the employer will bear responsibility for it. Official registration is not carried out if the employee’s employment contract already indicates his additional day off. In this case, there is no need for an order for time off: the subordinate’s absence from the workplace has already been documented. Example of an order:

In a number of individual situations, processing is the direct responsibility of the worker.

Elimination of the consequences of disasters or other consequences of destructive force that pose danger and harm to others.
Prevention of criminal activity, the consequences of which may affect the lives, health and well-being of citizens.
Performing work that is necessary and included in labor duties when a state of emergency is introduced in a certain area or country.

IMPORTANT

An employee's refusal to perform his or her duties in one of these situations or leaving without permission will entail serious consequences. This could be disciplinary action or... Most often, this is acceptable for military personnel liable for military service during the introduction of martial law. Also, this is suitable for employees of the army, police, Ministry of Emergency Situations, and doctors.

Time off at your own expense according to the Labor Code of the Russian Federation

If an employee urgently needs time off, he has the right to request leave at his own expense. There can be many reasons for this.

Illness of a relative, when personal care for the patient is necessary.
The need to leave for some time for personal reasons.
Poor health caused by a busy work schedule: the desire to rest without using sick leave.
The need to devote more time to part-time work: reporting period, inspections.
September 1, when you need to accompany the children to school and personally attend the assembly.
Disciplinary meetings of parents at school.
A situation where the director of a school where a worker’s children are educated insists on his personal presence during working hours.
Wedding of children, relatives, close friends.
Funeral of relatives and loved ones.
Serious emotional distress when the employee is mentally unable to perform his duties.
Other personal circumstances.

All this may make the employee want to ask for leave at his own expense. The immediate supervisor has the right to refuse, since none of these reasons legally restrict his actions. The refusal of management to take leave under the Labor Code of the Russian Federation at their own expense for one or more days may be influenced by the following circumstances:

An employee often goes on sick leave and takes time off.
By necessity.
Period of inspections, submission of reports.
A situation where a particular employee is indispensable due to his skills and job responsibilities.
Frequent violation by an employee of internal regulations.
The personal attitude of a manager towards a subordinate, related to his behavior, quality of work or other circumstances.

Any of the above reasons may contribute to management’s decision to deny an employee additional leave at his own expense. Since the concept of time off is not in the labor code of our country, the employee’s actions are very limited.

In this case, it is better to leave a few days from your vacation, starting duties ahead of schedule. The employee has the right to use unused vacation days at his own discretion at any time.

Another way out of the situation: official registration of processing. As mentioned above, for this purpose an order must be drawn up: this is beneficial to both the employee and the management team. This document will help management avoid liability if an employee is injured during unregistered time off, and the employee will be able to use compensation for time off under the Labor Code of the Russian Federation at his own discretion: choose a double payment amount or a one-time standard payment for working time with the possibility of time off. When there is such an order, the employee can be sure that his request to leave work for personal reasons will not be refused. In addition, this will not be a vacation at your own expense, but a paid well-deserved day off.

A worker can take time off at his own expense for no more than 14 days a year. They can be connected or scattered on different dates throughout the year. If the number of unpaid days off exceeds the above-mentioned period, these days are deducted from his length of service. This fact will have an impact on the formation of pension payments in the future. All days in excess of 14 legally permitted days off will be removed from the work experience.

Taking a vacation at your own expense

If the time off is not formalized, according to the labor legislation of the Russian Federation it is considered absenteeism. Both parties may be held responsible for this: if something happens to an employee, the organization whose report card states that the employee was at the workplace will be responsible. An employee can easily receive official absenteeism with a warning and entry into his personal file. Even if there was verbal permission from the authorities. This is a delicate point that is better to be certified on paper to avoid problems.

If it is necessary to leave the workplace for several days without pay, the employee writes a statement, which is signed by the head of the organization. Afterwards, based on this document, an order is drawn up, which the employee must read and sign on it. The order will be in the employee’s personal file.

Sample application for leave at your own expense:

What to do if an employee needs to take time off, but management refuses?

A situation where an employer does not take into account the wishes of an employee, acting in the interests of production, is not uncommon. Most often, he has good reasons for this related to production needs. An employee who finds himself in such a situation has three possible scenarios:

Option #1.

The employee agrees with the manager and remains at the workplace to fulfill his duties. This option is acceptable if the need for leave for one or several days is not urgent, and the situation at the workplace really requires his personal presence at the designated time. When a job is important and loved, the employee will take into account not only his own needs, but also the needs of the team and management in performing his job duties.

Option No. 2.

The employee and his manager agree on a compromise way out of the situation. This could be a transfer of time off to a period when its absence will not affect the work process. Or an employee goes part-time to fulfill his duties and go about his business. It is also possible to agree that the necessary work activity will be carried out by another employee or an outside person. This is possible in a number of individual cases.

In this situation, both parties compromise. This will help not only maintain warm relations between employee and subordinate, but also get out of a difficult situation with the least losses on both sides. By making a compromise, the employer makes it clear that not only the employee’s work is important to him, but also himself. By this act he shows his disposition. It would be unreasonable not to accept such an offer unless there are serious reasons for doing so.

Option #3.

If an employee still needs to leave the workplace on the day when he is supposed to be present according to his timesheet, there is a loophole. If management refuses time off or does not compromise for one reason or another, the employee can become a blood donor that day. This is the only option under the Labor Code of the Russian Federation when his absence from the workplace will be documented. This will help him avoid absenteeism being entered into his personal file.

What you should not do if your boss denies you leave at your own expense:

Making a scandal will only ruin relations with your superiors and put you in a bad light. There will be no productive help from performing this action.
Writing a resignation letter in the heat of the moment will cause you to regret it later. Such a decision should be made without emotion, with a cool head, with consideration of the consequences and further actions.
If you leave on your own, despite the refusal of your superiors, absenteeism will be immediately entered into the employee’s personal file. Three absences are grounds for dismissal under the article, after which it will be very difficult to get a job.

For your information

Any issue can be resolved peacefully. Do not forget that the manager is obliged to act in the interests of production, otherwise he will be replaced in his position by another, more efficient employee. An employee who has received a refusal to allow him to go on vacation at his own expense or to be given time off under the Labor Code of the Russian Federation should understand this and not take the refusal personally.

Thus, when working at a particular enterprise, you should be aware of your labor rights so that, if necessary, you can use this to your advantage. Employers often take advantage of the fact that their subordinates do not know their rights. This should not be abused either, since many professions require overtime from the very beginning. This is due to the specifics of job responsibilities. First of all, this applies to all military and medical workers. Such professions are not just a job, but a way of life. This needs to be understood before enrolling in one of these specialties. Otherwise, you need to know your rights and apply them as necessary. This is why the Labor Code of the Russian Federation exists.

Paying an employee upon dismissal requires special attention from the accountant, since errors can lead to unwanted litigation and administrative penalties.

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!

When calculating the amount of the final payment due to the employee at the time of dismissal, the question may arise about compensation for time off that he is entitled to, but did not use.

What does the law say?

The main legislative act regulating the relationship between employer and employee is the Labor Code (LC RF).

It lacks both the term “time off” and the employer’s direct obligation to provide it or compensate it in cash.

Most often, time off means additional rest time, which is compensated to the employee in cases established by the legislation of the Russian Federation:

Conditions implying worker compensation	Compensation procedure	Rationale
Working outside the employee's assigned hours (overtime)	At the employee's choice: monetary compensation for actual (a coefficient of 1.5 will be applied to the hourly rate for the first 2 hours of work and a coefficient of 2.0 for subsequent ones); additional unpaid rest time (in the amount of actual overtime).	Art. 152
and non-working days	At the employee's choice: double payment for time actually worked; payment for hours actually worked in a single amount + additional unpaid days of rest for each time you go to work (regardless of how long the employee worked during the day).	Art. 153
Overtime within the shift schedule	Paid day of rest between shifts (in the amount of one day's earnings)	Art. 301
Donation	The days of examination, blood donation and the next day are paid (in the amount of one day's earnings). In certain cases, these days may be moved to another calendar period.	Art. 186
Employees are on duty after work, on weekends and non-working days	Unpaid additional rest time, the duration of which is equal to the time on duty. If time off is not used within 10 days of duty, it is forfeited.	Resolution of the Secretariat of the All-Union Central Council of Trade Unions dated April 2, 1954 No. 233 “On duty at enterprises and institutions”

It is the responsibility of the enterprise to ensure proper accounting of accrued and used time off.

How are time off provided upon dismissal?

What to do with time off upon dismissal depends on several conditions:

Does the enterprise properly register and record the time off that employees are entitled to?
For what reason did the employee take time off?
Does the employee want to use the vacation days due to him before dismissal or insists on monetary compensation for them.

Taking into account the above conditions, we will consider the options that the employer has regarding time off for a resigning employee.

Option 1:

If the facts of overtime or work on weekends are not reflected in the enterprise’s documentation (there are no orders or marks), then you can offer the employee:

use time off and quit;
just forget about them.

What offer will be made to the resigning employee will depend on the decency and personal attitude of the manager towards him.

Option 2:

The additional time worked is properly documented and the employee does not mind using his time off before dismissal.

This will also be an ideal option for the enterprise, since it will not require additional cash costs from it (except for settlements with donors and shift workers) and will protect against potential litigation.

Option 3:

The employee’s right to time off has documentary evidence, but he wants to quit without using them, receiving monetary compensation in return.

This happens when the employee’s priority is a new job, which he wants to start after working the mandatory 14 days or even faster (by agreement with the employer).

What should an accountant do: pay or not?

This situation does not have clear legislative regulation. The opinions of legal consultants also vary.

But making the right decision can be influenced by knowing that:

for overtime work and on non-working days, remuneration is required at increased rates;
for failure to comply with labor laws, you may be subject to fines from inspection authorities;
If an employee goes to court, you can lose a lot of time and effort and still be forced to pay compensation for unused time off.

In essence, the employee is deprived of the right to legal compensation for his labor, since he simply did not have time to use this right due to.

Comparing the requirements of Art. 84.1 and Art. 140 of the Labor Code of the Russian Federation on full payment to the employee on the day of dismissal with the norms of Art. 152 and Art. 153 of the Labor Code of the Russian Federation on the procedure for compensation for work in special cases, it is reasonable to conclude that it is safer to pay the employee compensation for unused time off.

However, this does not apply to time off for duty, which is not subject to payment.

Let's look at an example of paying time off upon dismissal.

Situation 1:

The employee worked 8 hours overtime in October (4 hours on 10/09/2015, 3 hours on 10/19/2015 and 1 hour on 10/30/2015). In his application, he expressed a desire to receive additional rest in December. But he quits on December 7, 2015, without using his days off. The average hourly salary of an employee is 160 rubles.

Calculation:

Note: For the first 2 hours of work, the hourly rate should be multiplied by 1.5, and the remaining hours of work - by 2.0.

Compensation for 10/09/2015: (2 hours * 160 rubles * 1.5) + (2 hours * 160 rubles * 2) = 1,120 rubles
Compensation for October 19, 2015: (2 hours * 160 rubles * 1.5) + (1 hour * 160 rubles * 2) = 800 rubles
Compensation for October 30, 2015: 1 hour * 160 rubles * 1.5 = 240 rubles

Total amount of accrued compensation: 2,160 rubles

Situation 2:

In October, an employee worked on a day off (10/25/2015) for 7 hours. I wrote an application to pay him a one-time payment for his work in October and to give him an additional day off in December. But he quits on December 7, 2015, without taking advantage of his time off. The average hourly salary of an employee is 150 rubles.

Calculation:

Note: since the employee received a one-time payment in November, in December a one-time compensation will be accrued for the hours actually worked. In total, the employee will receive double pay.

Compensation for October 25, 2015: 7 hours * 150 rubles = 1,050 rubles

Features of processing compensation for time off upon dismissal

To pay compensation, the following documents are drawn up:

an employee’s application for the accrual and payment of monetary compensation for unused additional rest time;
order from the manager on the accrual and payment of amounts due to the employee;
accounting certificate - calculation of compensation amounts for time off.

Application example:

Example of an application for compensation

Example of an organization order:

Sample order

The accrued amounts must be paid to the employee on the day of dismissal along with salary, travel allowances and other payments.

So, we can conclude that the absence in Russia of clear legislative regulation of the procedure for providing and monetary compensation for remaining time off leaves the management of the enterprise with a choice: either act “in good conscience” and pay time off to the resigning employee or refuse payment, preparing arguments for a possible trial.

The calmest and most legal way is to convince the employee to use the time off he is entitled to and then quit.

According to labor law, it is possible to refuse an employer when he talks about working on weekends or overtime, but somehow it is not very accepted. Does his request go beyond any acceptable limits, or does the boss abuse his influence? Whatever the reasons for the employees involved in additional work, in return they expect quite tangible and adequate gratitude from the employer. An acceptable expression of gratitude for an employee would be additional time off or paid time off for working on weekends and holidays.

Normative base

The first thing that those who are going to understand the topic of whether a day off is paid is that they will not find this concept anywhere in the Labor Code. Time off, by mutual agreement, is a free day given to an employee during a period when the company's schedule assumes normal employment. In other words, if a company operates from Monday to Friday, then absence from work on any weekday, agreed upon with management, will be considered a day off. If exemption from work on this day is not agreed upon before its onset, then it will rightly be called absenteeism.

To be fair, it should be noted that although there is no concept of time off in the Labor Code, the term “additional day of rest” is repeatedly used. By mutual agreement with the employer, you can get it for:

Work on state or regional holidays and non-working days, art. 153 TK;
Overtime work (both with a 40-hour week and according to a summarized schedule), art. 152 TK;
Voluntary donation, Art. 186 TK.

If, for some personal reason, a person needs free time during the work week, then this is also called time off. In such a situation, the employee may not have a legal right to an additional day, but there are still options to get a day off on weekdays:

You can ask for a few days to offset the duration of the next main or additional leave, Chapter 19 of the Labor Code;
If the paid days in the worked period have already ended, then the employer may agree to provide days without pay, Art. 128 TK.

And if the method of organizing a free day is not particularly concerning to an ordinary employee, then the issue of paying time off for working on weekends and holidays can become truly relevant.

Mandatory right to uncategorized leave

No one can argue with the statement that an offer to work longer is expressed by management more persistently than a willingness to let go from work. But, when the working hours are already recorded in the time sheet or there are unpaid rest days for previous periods, it is much easier to force the employee to heed his requests. Free days requested “in advance” are more difficult to obtain. The argument may be some urgent or valid reason indicated by the employee in his application. This equally applies to the situation when an employee asks to be given leave at his own expense. In the latter case, however, circumstances may arise when the employer is disarmed due to the status of the person who applied or the nature of his problem:

Do not forget that an additional option for obtaining free days may be contained in the company’s collective agreement.

Paid and unpaid time off

Those who intend to ask for an extra day from their employer need to clearly understand that the question of whether time off is paid is not entirely correct. There are several options for approaching financial support:

Days of absence do not imply payment at all, Art. 128 TK;
Failure to appear implies that the hired person retains the average salary under Art. 167, chapters 19 and 28 of the Labor Code;
The time off is not paid, since it was chosen by the employee himself as a way of compensation for working overtime or on days off, Art. 152 and 153 TK.

For those who ask to be given a day from the rest periods from Chapter 19 of the Labor Code, you need to remember that you can’t “pinch off” from every vacation. If the provision of time off from work is timed to coincide with a specific event, then taking a piece at an arbitrary time will not work. For example, it is simply impossible to ask for a day of student leave in advance, because the right to it appears only after receiving a call and an examination certificate of academic performance (Chapter 26 of the Labor Code). From there they also extract information about the period, duration and method of payment for this time.

The employer is obliged to provide time off on the day specified by the employee only if the employee was previously involved in overtime work. If free time off without good reason is requested by employees who do not belong to a preferential category under Art. 128, then the employer has every right to refuse their request.

Types of time off

The legislation does not in any way regulate the permissible number of engagements to work outside of working hours within the framework of the activities of one enterprise. In fact, such orders can be issued even daily, the main thing is that there are real reasons for this and the consent of the employees. It is necessary to discuss with them the issue of compensation for such hours. The choice is small: increased pay or an additional free day.

For the employer himself, who is constantly experiencing a shortage of staff, “of two evils” it is more profitable to choose the one that can be solved with money. This simplifies accounting and does not lead to interruptions in the company's work. But even if the employer is ready to spend, he still will not be able to do this indefinitely, since in a calendar year an employee can only work 120 hours more than the annual time standard, Art. 99 TK.

Everything worked in excess of this mark must be compensated by providing days of rest. And then the employer faces a fair question about how to arrange this and is time off paid for work in excess of the maximum amount?

Working hours on weekdays or appearing on weekends

No reason to remain at work after the end of the working day or the end of the shift can keep an employee more than 4 hours a day and more than twice in a row. Accordingly, this time can be paid according to the rules of Articles 152 and 153 of the Labor Code, depending on the day of the week (one and a half or two times the amount).

But it may also be like this: the employee initially asked to replace financial compensation with hours of rest. If we assume that he worked four days off in a month for 4 hours, then he is supposed to take two days off during the working week. In this situation, employees of the HR and accounting department may be overcome by doubts about: is time off paid for working on a weekend and how to reflect this on the timesheet?

First of all, you need to look at the overtime work order. If it involves a one-time extension of the shift, but without exceeding the monthly standard of hours, then you just need to correctly reflect the distribution of working time in the form of recording hours (T-12 or T-13). Then the day off will not be subject to payment, like Saturday and Sunday with a five-day work week. In fact, it turns out that the day of rest will simply be postponed, and the labor time will be paid at a single rate.

It’s another matter when the total number of hours exceeded the monthly, quarterly or annual norm (but no more than 120). Processing time can still be “given away” on weekends, and payment will be charged in a one-time amount. However, in the final report, the person’s salary will be more than the established salary due to the increased number of hours worked in the report card. Deciding on additional days of rest entails a change in the amount of payment. For all hours worked, wages are calculated at a single rate, and days off are not paid at all, Art. 152 and 153 TK.

Payment for work on holidays

Work on holidays according to the Labor Code, and more specifically, according to Art. No. 153, is equivalent to working on weekends. According to the law, remuneration is no less than double the amount, but can be increased if this is provided for in a collective or individual agreement. There are subtleties that are important to know:

When working piecework, you are required to work at least double rates
If the tariff rate is set hourly, then the rate is also multiplied by two
If it is an official salary, then for the day worked, a daily salary is calculated in addition to your salary. And if the monthly hourly rate is exceeded, then plus double salary (i.e. triple the amount)

Of course, it’s not always possible to get the right payment from your bosses. Then you can use the information given above - i.e. We use overtime as an extra day off. An application for paid time off for working on a day off is written simply - change the word “day off” to “holiday”, and that’s it.

Overtime pay

The problems described in the previous paragraph may arise for management, even if no one is going to pay off. It is quite possible that the employee suddenly changed his mind and applied to replace the rest days with money.

It is immediately necessary to make a reservation that the employer has the right to refuse such a replacement, provided that the form of compensation has already been specified in the order for employment and the days have been agreed upon. But if the management intends to meet the employee halfway, then the accounting department’s doubts about whether time off is paid for previously worked time and what method of calculation should be used should be dispelled in an additional order for the enterprise.

For those who encounter similar situations more than several times a year, it is more correct to consolidate these provisions in the collective agreement. If you don’t want to make changes to one of the fundamental documents, you can simply publish this rule in a separate local document of the company (order or regulation). To avoid disputes when determining the amount of compensation for unused time off, it is easier to find the opportunity to provide earned time off during the notice period.

Compensation for time off upon dismissal

It is rare that dismissal is spontaneous. Perhaps as a result of a rapidly developing conflict. In this situation, among the unsettled points, there may be one that must answer the question of whether time off is paid for overtime issued by order upon dismissal? The employee's anxiety is understandable. After all, when signing the documents on being hired for additional work, he might not have imagined that he might not be able to complete the day of his assigned leave. It is likely that the time off was intended to be added to a future vacation.

In this situation, compensation for vacation and time off will be calculated differently. The first payment is based on average earnings (Article 139 of the Labor Code), and the second is proportional to the salary, in a single amount. If the dismissal did not occur in the month of overtime work, then a conflict may arise when determining the method for calculating the hourly wage rate. Depending on what period (monthly, quarterly or annual) is taken as the basis for the calculation, the amount of accruals can vary greatly.

The fewest disputes arise among those employers who have fixed the chosen payment method in the collective agreement. For those who have not foreseen such a situation, it is better to use a scheme using the annual standard of working hours, since this will allow one to calculate the most objective indicator of the tariff rate.

But there is also the most win-win option that allows you to get around the sharp corners. You can agree with the employee to transfer time off to the period of work before dismissal. Then the employee will receive earned rest, and the employer will not pay “double.”

Preparing an application

An application for time off, in addition to writing the “header”, title and signature with a number, is, to a certain extent, a creative process. Management’s decision to grant a day off depends on how convincingly and colorfully the employee describes the reasons forcing him to miss work. There are a number of recommendations when drawing up a document:

You must indicate the date or period of your expected absence;
Provide a reason (from the hackneyed “” to some exotic event) that will seem convincing to the employer;
Indicate your wishes regarding payment for time off (on account of paid leave or without financial support);
Mention the available documentary evidence (attach copies).

Whether a manager will sign a document written by an employee largely depends on the validity of the reasons or the status of the hired person indicated in the document. You can get a convenient form for filling out an application on our website ()

Calculation of salary or vacation pay

From a legal point of view, it is not time off that is subject to payment, but overtime worked or the period of performance of work duties on weekends and holidays. The rule is that “extra” hours are compensated based on the salary, in proportion to the monthly, quarterly or annual working hours. If an employee chooses a vacation instead of financial compensation, the payment is made in a one-time amount, and the time off is not paid at all.

The principle of calculation is quite simple: the salary or output for the period selected as the payroll period is divided by the norm of days or hours (for the current month, quarter or year) and multiplied by the amount of time worked (days or hours). If a person asked for time off to reduce the duration of a future vacation, then we will talk about average earnings. It can be calculated based on the provisions of Article 139 of the Labor Code. The accounting department adds up the total income for 12 months and divides it first by 12 and then by 29.3. It is this amount, withholding 13% of personal income tax, that will be given to the employee for each day missed due to paid leave.

The impact of time off on length of service

According to some departments, time off taken as compensation for overtime is not included in the calculation of hours worked. This is correct, because in the worksheet they are reflected on the day of actual work with code OB or 27 (day off, holiday or overtime).

Days of absence by agreement with the authorities, but without saving wages, are entered by the rater as a pass (letter designation in the report card HB or 28). If there is no provision for working out the missed time on another day, then such time off may negatively affect the actual number of working hours.

Free absence from work within 14 days a year will not affect the length of service, Art. 121 TK. The legislator does not prohibit providing an employee with longer unpaid rest, but then his length of service for receiving annual leave is interrupted, and the start date is shifted. In all other cases, absence from work that is not reflected in the work record will not in any way affect the length of service or insurance coverage, which cannot be said about the amount of the salary paid.

The policy of constant overtime at the enterprise is not consistent with the Labor Code, and, ultimately, does not make the work of employees more efficient. The key to success in managing a team is proper distribution of workload and proper rationing of labor. But, since the need to go out during non-working hours has happened, then timely payment or time off will help to quell the dissatisfaction of employees.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.