What to do with time off upon dismissal? Court: unused time off by an employee upon dismissal must be paid. Should time off be paid upon dismissal?

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 hours worked recorded on 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 state 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 best documented 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.

12.03.2018

The employee's additional rest day is called. The employee receives it when he works overtime, comes on a non-working day, etc. According to the law, you can choose not time off, but increased pay.

When the contract between the employee and the company comes to an end, disputes often arise about unused time off, since there is no such concept in the Labor Code of the Russian Federation. This raises the question: is it possible to get money for unused vacation?

What to do if there are unused weekends left?

Russian legislation provides for compensation for overtime work.

Basic provisions regarding this issue:

• Article 152 of the Labor Code of the Russian Federation - the employee himself chooses what type of compensation he will receive: money or time off, which will not be paid.
• Art. 153 of the Labor Code of the Russian Federation - work on official non-working days or weekends must be paid twice. Otherwise, the employer is obliged to provide paid leave.
• Art. 301 of the Labor Code of the Russian Federation - overtime work on a rotational basis is paid for each day. The amount of payments is determined by the average daily salary.
• Art. 186 of the Labor Code of the Russian Federation - a blood donor receives two paid days of rest, starting from the day of blood donation.

There are often cases when compensation was not made, time off was not provided, and the employee plans to quit. A fair question arises as to what to do with time off and how they will be compensated.

There can be no misunderstanding if the processing is officially registered. In this case, the management is obliged to provide days off before terminating the employment contract or make payment upon dismissal.

If the agreements were oral, then it all depends on the personal qualities of the manager, as well as on his relationship with the employee.

Is compensation due?

If an employee decided to take days off as compensation, but did not use them, then upon dismissal, the manager is obliged to pay compensation for unspent time off. Each day of rest is multiplied by the employee’s daily single rate.

Legislation requires that all facts of economic life be documented.

Facts mean transactions, operations and any other events that can affect the cash flow of an economic entity.

From this it turns out that time off must be documented in an accounting document (order).

This is due to the fact that compensation for absenteeism affects the financial result of the organization, that is, it falls under the law.

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

1. Employee statement.
2. Employer's order.
3. 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 one the issue is not regulated by the legislation of the Russian Federation.

But there is an important detail here: in comparison with layoffs or other grounds, when dismissal occurs on the initiative of the boss, when terminating an employment contract at his own request, the employee has the opportunity and time to think about everything in order to make the right decision and measures.

It is recommended to discuss this issue with your superiors., personnel workers in order to understand what is the best thing to do so as not to lose their days off: take time off before dismissal or will compensation for them be paid upon termination of the employment contract.

Examples of payment calculations

Every officially documented time off, if it has not been used, must be paid in the appropriate size.

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.

When processing

Example conditions:

In October 2018, the employee worked a total of 8 hours in excess of the norm:

• 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. * 1 hour * 1.5 = 225 rubles.

The amount that the employer must pay upon dismissal for unused time off is 2025 rubles.

Note: during overtime, the first two hours of extracurricular work are paid at one and a half rates, and subsequent hours at double rates.

When working on a day off

Example conditions:

On October 25, 2018, the employee had to go to work on a day off, having worked 7 hours.

On December 7, he formally resigns at his own request, without using his time off, and receives a one-time payment for work on the weekend.

Consider the situation with an average hourly salary of 160 rubles:

Calculation:

Note: since work on a day off is already paid in a single rate, the December compensation upon dismissal will occur at a single rate based on the hours actually worked. If we add up the first and second payments, we find that in fact the employee received double payment.

A similar procedure applies when entering a workplace.

Compensation must be paid on the same day the employee resigns., along with wages and other benefits.

conclusions

Since the beginning of 2012 the concept of “time off” has ceased to exist in Russian law. Today it is considered outdated and is absent from labor law. Despite this, today an additional day off is usually called time off.

In Russian federation there is no clear legislative framework to regulate monetary compensation for unspent weekends. This actually gives each manager a personal choice: to do the right thing by making all necessary payments to the resigning employee, or to refuse, preparing for a possible meeting in court.

The employee turns out to be dependent on the employer: accept his offer to simply “rest” the allotted time off, or begin a long legal battle, paying many fees, spending a lot of nerves and effort, when it is not known who will be right and who will be wrong.

The best and legal way to resolve the issue is to take a day off instead of court if the leader does not cooperate. Statistically, the amount expected to be received for time off is not enough to go to court for it.

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 best documented 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.

Menu

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 on account of 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

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?

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:

1. Employee statement.
2. Employer's order.
3. 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 which 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.

During dismissal, compensation is paid to the employee. The employer is obliged to pay money for the period actually worked, as well as for unused vacation. These two payments are found everywhere, but there are also those that arise only in certain situations. This also includes the situation with payment of accumulated time off.

At many enterprises, work on weekends or beyond the norm is compensated by providing time off. And a large number of workers quit before they have used up the accumulated time. These unused days upon termination of the employment relationship must be compensated to the ex-employee. And although this issue is not clearly regulated by the Labor Code of the Russian Federation, in order to avoid problems with the labor inspectorate, it is recommended to pay the funds in the same way as this should have happened if additional vacation days had not been provided.

Are time off paid upon dismissal?

It is possible to pay for time off upon dismissal at one's own request only if the basis for its occurrence has been documented. For example, if a person worked a holiday, and there is an order according to which this shift was paid in a one-time amount and an additional day of rest was provided, then the unused time will have to be paid.

If there is no documentary evidence, then everything will depend on the integrity of the manager. The employee will definitely not have to count on payment, but the employer may allow the employer to take the days off required by law.

Dismissal with time off

Among the duties of employees is a 14-day work period if they leave the company of their own free will. Many of them take unused vacation time for this period. Also, this opportunity is relevant not only if there is a duty to work off. Vacation followed by dismissal is a fairly common procedure. For it, according to Article 127 of the Labor Code of the Russian Federation, it is necessary that the following conditions be met:

• a correctly written and submitted application by the employee;
• coincidence of vacation time with the approved schedule;
• The reason for dismissal is the employee’s non-culpable actions.

There is no need to submit two applications - to quit and to go on vacation. One contact to the employer indicating both requests is sufficient. The employer himself must issue two orders and properly fill out the work book of the dismissed person.

Time off for work on weekends and holidays according to the Labor Code of the Russian Federation upon dismissal

Issues related to labor during weekends and holidays are regulated by Article 153 of the Labor Code of the Russian Federation. According to its content, the employee should be given two scenarios to choose from:

• double payment for the time worked;
• one-time payment for time with the provision of additional unpaid days off.

In the second case, the length of time the employee worked does not matter - he must be given a full day of rest. If these days are unused, then the calculation is carried out in accordance with the double payment rule. Since the time worked has already been paid in a one-time amount, upon termination of the contract (dismissal), an additional amount of the same amount will be paid.

Calculation of time off upon dismissal

All unused time off upon termination that is officially documented must be paid in accordance with what it was awarded for. For example, if an additional day of rest is available to an employee for overtime work, then Article 152 becomes relevant. Labor Code of the Russian Federation. It says that the tariff rate for the starting two hours above the norm is multiplied by 1.5, and for the rest of the time by 2.

In the case of working on weekends, the actual time can be immediately multiplied by two. Therefore, you need to carry out your own calculation for each individual bonus day. The simplest option is a non-financial calculation. Subject to an agreement between the employee and the employer, the former can simply take the accumulated number of days off before officially resigning.

Application for leave with subsequent dismissal

Below is a sample application for leave with subsequent termination of the employment relationship. If the employee has accumulated unused unpaid days, then the application is drawn up in a similar way. It is submitted to the name of the employer and the text indicates the desire to take the required days off and quit immediately after that. At the end there is a date and signature.

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How is compensation paid upon dismissal by agreement of the parties?

According to the Labor Code, it is quite difficult for an employer to dismiss an employee without his consent. In addition to paper...

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 often 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 give him 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 in work outside 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 day off 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 time previously worked 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 rest time 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 even 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 which 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. The 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 employee 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, which 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.