Most working people are on duty from 8 a.m. to 5 p.m. daily on weekdays. Unfortunately, most institutions work on the same schedule, which means that employees sometimes have to leave work to solve their problems, for example, get a loan from a bank, get a passport or collect the necessary information. In addition, sometimes force majeure circumstances arise when an employee is vitally necessary to leave the service for personal reasons.
Therefore, each working person needs to understand what time off is and how to properly arrange it.
What is a day off?
In the Labor Code of the Russian Federation, the term "time off" is missing. But there is the concept of “overtime work” and “compensation for processing in the form of additional leave”. So the day off is a colloquial term for an additional (not according to plan) day of rest. However, all these legal subtleties do not interfere with the understanding of the parties, and if an employee asks for time off for previously worked time or for processing, then any employer understands what is at stake.
Who needs a day off?
1. An employee has the right to take time off if he has unpaid processing, work on weekends and holidays, in overtime.
2. An employee may take time off on vacation.
3. An employee can arrange unpaid leave.
So, we will analyze each of these cases separately. But first, we turn to the Labor Code of the Russian Federation.
Art. 152 of the Labor Code of the Russian Federation
Overtime compensation is regulated by Art. 152 of the Labor Code of the Russian Federation, and according to the law, everything looks very clear and concise:
1. For the first two hours of overtime, an employee receives payment not less than one and a half times.
2. For all subsequent hours - no less than double size.
3. Cash compensation for overtime work may be determined by a collective or labor contract, as well as local regulations.
4. At the request of the employee, overtime work may be compensated by additional rest, no less than the hours worked overtime.
Leave for previously worked time
According to the Labor Code of the Russian Federation, time off for overtime work is granted at the request of the employee. What does this mean? In fact, this wording prohibits the employer to independently determine the type of compensation for the employee. The worker must decide for himself whether he wants to get paid or days off for work on the weekend.
However, there are a few points to remember. Firstly, it is impossible not to go to work without prior agreement with the employer - even if there are hours worked, this will be considered not absenteeism, but absenteeism. Secondly, the law does not provide for the opportunity to first take a day of rest, and subsequently work it out. And thirdly, the employee is entitled to only one type of compensation - either money or a day off for a weekend or holiday.
Leave for vacation
Each employee is entitled to annual paid leave. And due to this time, the employee can take a day or several days as necessary. They are issued as an unscheduled vacation and are paid accordingly. But such a mini-vacation can be issued only with the consent of the employer.
It must be remembered that with such a breakdown, at least one of the parts should not be less than 14 calendar days. That is, you can’t get the whole vacation with time off - once a year the employee needs to go on vacation for at least two weeks.
Vacation at your own expense
So, we learned what time off is for the previously worked time and what time off is for unused vacation. But what to do for those who do not have recycled watches and have already ended their vacation? Such workers can take a day or several days of rest at their own expense.
It is very easy to do. An application is written in the name of the employer for the provision of days (hours) without pay, indicating the reason. On the basis of the application, the employee is granted unpaid leave. Or they don’t provide, it all depends on the desire of the employer.
The fact is that no one is obligated to release an employee from the service only at the request of the latter. There are several good reasons for which a staff member must take a leave of absence - this is the birth of a child, the death of a next of kin, a wedding, and each of these cases is stipulated by law, and sometimes is also provided for in a collective or labor agreement.
But in all other cases, the provision of time off without salary remains at the discretion of the employer, and only he will decide whether the employee has a good reason to leave work. Sometimes the solution to this question directly depends on the attitude of the worker and his boss, sometimes on the state of affairs, for example, urgent work, the inability to find a replacement in the case of continuous production, etc.
How to get a day off?
Leave-offs for processing, on vacation or without pay are issued approximately the same. Differences will be only in wording and in how this time will be paid.
First you need to write a statement. It is written on a standard A4 sheet. In the upper right corner, a "hat" is drawn:
General Director of Plus LLC
A. G. Petrov
from economist
L.E. Ivanova
This is the simplest “standard” option, designed for those cases when the organization does not have its own application form for such cases.
Then the word “statement” is written on the sheet, below the heading and in the center. After that, you can write the main text:
1. For time off on vacation: "Please provide me with a day off on 07/14/14 due to annual leave."
2. Leave for earlier worked hours: “I ask you to provide me on 13.08.14 a day off for earlier worked hours on 07.08.14 (indicate a specific date).
3. A day without maintenance: “I ask you to give me a vacation without salary on 03/07/14 .” A few days: “……. For 5 calendar days from 04/02/14 to 02/07/14”
The same statement can be issued for a few hours: "I ask you to give me 3 hours without saving wages 07/23/14."
A signature and a date are put at the end. Sometimes in the application for granting leave without maintenance it is required to indicate the reason, in this case you can add "... for family reasons." It is not necessary to describe in too much detail the problem on which you need to leave work, if circumstances so require, then in the application you can indicate “... to visit a doctor” or something else, but this text should be extremely concise.
In order to receive time off for processing, on vacation or without maintenance, the application must be signed with the employer. Then an order is issued, on the basis of which the employee receives an unscheduled paid or unpaid leave.
Compromise
Sometimes it is very difficult to get time off for the previously worked time. The employer simply does not want to let the employee go at a convenient time and finds a lot of reasons for refusing. How to deal with it? To begin with, you can demand not a day off, but monetary compensation - as a rule, the bosses part with money much more reluctantly than with the worker for a while. But this number will succeed only if all the processing is documented.
In all other cases, you have to find a compromise, it is possible to make some concessions. This is always unpleasant, but this situation can be avoided. To do this, you need to have a “white” salary, in order to receive a normal payment in case of monetary compensation, and properly arrange and fix all the work outs on weekends or holidays, processing, etc. Those who have a “gray” salary and conditionally "flexible" schedule, one can only hope for the decency of his employer.