Many citizens are forced to work on weekends or holidays, as the employer insists on this. For such activities, the head of the enterprise is obliged to provide employees with the opportunity to take extra time off or receive double payment. Most often, citizens prefer to take time off for work on weekends. Therefore, you should understand how they are properly executed, what documents are issued by the employer, and also when exactly the hired specialist can relax.
Extracurricular Compensation Rules
When drawing up an employment contract, all the rules of cooperation with a specific employee are stipulated. For him, a special work schedule is being formed, on the basis of which he needs to go to work. But often the employer insists that the employee work on his day off or holiday. For such extracurricular work, appropriate compensation should be offered, and the direct worker himself chooses the method:
- receiving double pay for hours worked;
- registration of time off for work on the weekend according to the Labor Code of the Russian Federation.
The direct procedure for attracting a citizen to extracurricular work assumes that initially the employee receives a written document with an offer to go to work on the day off. If a citizen puts a signature on this document, then he confirms his consent to extracurricular work. The head of the company issues an appropriate order, after which he is obliged to provide compensation to the employee.
What compensation is chosen?
Based on Art. 153 TC determines how much should be paid to the employee who agreed to work on a day off. The minimum salary for such a day is equal to double earnings.
Often, a fixed amount of payment is established by the collective agreement of the company or even internal regulatory acts. At the request of the employee, instead of paying, he is given a paid day off for work. For this, absolutely any convenient day is chosen when a citizen wants to fully relax. It is enough to correctly write a statement in advance.
The nuances of getting time off
Many official employees of enterprises prefer to take time off for weekend work. They provide an opportunity to fully relax at any convenient day. An additional day of rest is provided under the following conditions:
- a citizen previously worked on his day off or holiday;
- He was on a business trip for a long time, so he had a lot of days off during which he performed official duties;
- work was done overtime;
- on the day off the citizen donated blood.
Leave is not a form of vacation, nor is it considered a specific state support. It is provided to every citizen who has the right to rest, for which it is enough to write an application for a day off for the previously worked time, which indicates exactly when the applicant plans to rest.
Rules for registration
If a person previously worked on a weekend or holiday, then he has the right to take time off at any time. Immediately upon signing the notice received from the employer, he can indicate on which day he plans to rest. Therefore, when issuing an order, the head of the company can prescribe when additional time for rest will be provided. Under such conditions, it will not be necessary to issue another order in the future.
Orders are drawn up in any form. If a document is formed on the basis of which the employee is sent to rest for the previously worked time, then the signature of the employee is put on it.
How is it reflected in the report card?
The provision of days off for work on weekends is necessarily reflected in the company sheet. When making an entry, the following information is indicated:
- it is prescribed that the employee was sent to rest on the basis of a specific order, and his details are necessarily given in the report card;
- if a standard time sheet is used in the form of T-12 or T-13, then the codes "HB" or "28" are set;
- if the company uses special timesheets that it has developed independently, then a code is invented, meaning that the employee was sent on time off based on previously worked hours;
- generally accepted codes are allowed;
- situations are frequent when the employer does not issue an order to send the hired specialist on a day off, so the report card indicates that the employee came to work at the scheduled time, but the employer can be held accountable for such actions, therefore this method is rarely used by firms.
It is advisable for the company to properly arrange a day off for work on the weekend. If the time sheet contains information that the employee was at work on a particular day, and if an accident occurs or he commits unlawful actions, the company may be held criminally liable.
Nuances for budget organizations
In budgetary organizations, the accounting of employees' labor time is carried out using a special time sheet in the form 050421. There are no special marks for this document indicating the employee’s day off. Therefore, each organization independently determines how the time off for the previously worked time will be reflected in the document. The Labor Code of the Russian Federation does not contain specific requirements for this process.
Most often in budgetary institutions a special order is issued, on the basis of which special designations or codes are introduced.
Set-off Rules
There are no exact terms in the law during which an employee can turn to a manager to get time off for work on weekends. Therefore, hired specialists independently decide on this issue. But at the same time, it is important that a citizen did not receive double pay for his overtime work earlier.
You can exercise the right to leave in the same month when work was performed on a weekend or holiday, and you can also contact your employer for rest in subsequent periods. Typically, business leaders require that the day off be formalized before the end of the calendar year. Regardless of the choice of the employee, his salary does not decrease.
The specifics of using time off
Registration of day off for work on a weekend suggests that a full day is provided regardless of how much time a citizen spent on performing labor duties on a weekend. Even if only two hours were worked out on that day, the employee can count on a day off.
If an employee works on the basis of a fixed-term employment contract, the duration of which does not exceed two months, then he will not be given time off, so only monetary compensation for work on a day off is paid.
Accounting Rules in 1C
Many companies use the 1C program to account for various information, so the accountant must know how to properly take time off. Using this program, you can calculate the salary of each employee, determine the length of the working day and length of service, and also double the salary for work on the day off is calculated through it.
When entering data into the program, the following rules are taken into account:
- whether the employee uses cash compensation or extra time off;
- if time off is selected, then the standard number of working hours actually worked by a specialist is stored in the accumulation system;
- data from the order and statement are entered, which leads to automatic debit of the required number of hours from the reserve.
Time off is included in the total length of service of the employee.
How to compensate for unused days off when leaving?
If a person who has the right to leave for a previously worked time has a need to quit the company, he thinks in advance of the possibility of receiving various compensations. Usually he has unused vacation days. Based on Art. 127 TC, he may demand compensation for such days in the form of a cash payment.
But days off are not equated with vacation, so this rule does not apply to them. If you decide to quit, then it is advisable to take care in advance to take advantage of these days of rest. A day off for work on a day off is not assigned upon dismissal, so these days simply disappear.
You can take advantage of these days of rest even when dismissing on the initiative of the employer or when reducing. The head of the company must make sure that the employee has the opportunity to take time off before issuing the order of dismissal.
Can an employer refuse?
The employer does not have the right to refuse to provide a day off for overtime work. According to the law, the head of the company must either pay compensation or offer a free day off. The choice of a specific option is carried out by the direct employee of the company.
The day of rest is selected by the direct employee, therefore the employer cannot refuse. A citizen can change his mind, so instead of a day of rest, he can demand monetary compensation.
How many days off for work on a weekend?
For work on a weekend or holiday, an employee can demand only one day of rest, even in a situation where he copes with his labor duties in an hour.
Often, an employee accumulates several days off, so he may require the employer to provide the appropriate number of days off. The head of the company cannot refuse such a demand.
Application Rules
To use time off, a citizen needs to write an application for time off for the previously worked time. The law does not contain exact requirements for this process, therefore it is allowed to draw up a document in free form. But at the same time, the information is sure to fit into it:
- the name of the company in which the applicant works is indicated;
- the name of F. I. O. and the position of a citizen claiming to take time off are given;
- the name of the document submitted by the application is prescribed;
- the reasons for taking leave are entered, therefore it is indicated that the citizen previously worked overtime, therefore, based on the requirements of the law, he can count on an additional day of rest;
- links to relevant regulations are provided;
- indicates the exact date when the citizen wants to relax;
- the date of the application is written;
- signature of the applicant.
It is necessary to draw up a document in advance so that the employee’s exit to rest is not a surprise to the employer. Therefore, it is advisable to notify the head of the company of the decision a few days before immediate leave. It is allowed to write a statement immediately before the day of rest, but only if there are good reasons, since the employer can negatively react to such behavior of his employee. This is due to the fact that the director may simply not have time to find another specialist to work on this day.
If the statement is not drawn up correctly, then the absence of the employee at the workplace can be regarded as absenteeism, which is a serious violation of the internal routine of the company. Therefore, a disciplinary sanction may be applied to the employee, which includes reprimand or dismissal in the presence of systematic violations.
Conclusion
If an employee is involved in overtime work on weekends or holidays, he can choose monetary compensation or time off. An additional day of rest is drawn up at any time, so the employer cannot create obstacles.
To go on vacation, you need to make a statement in advance. It contains information that previously a citizen worked overtime.