Time off for previously worked time. How to take a day off on the vacation?

Most working people are in the service from 8.00 to 17.00 every day 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, take a loan from a bank, get a passport or collect the necessary information. In addition, sometimes there are force majeure circumstances, when it is vital for the employee to leave the service for personal reasons.

Therefore, every working person needs to understand what a day off is and how to properly arrange it.

What is a day off?

In the Labor Code there is no term "time off". But there is the concept of "work in overtime" and "compensation for processing in the form of additional leave." So, time off is a colloquial term, designating an additional (not according to plan) rest day. However, all these legal subtleties do not interfere with the understanding of the parties, and if the employee asks for time off for previously worked time or for processing, then any employer understands what is at stake.

Who is entitled to a day off?

1. An employee has the right to take time off if he has unpaid work, work on weekends and holidays, in overtime.

2. An employee may take a day off on a vacation.

3. An employee can make unpaid leave.

So, we will analyze each of these cases separately. But first turn to the RF TC.

Art. 152 of the LC RF

Compensation for overtime is regulated art. 152 TC RF, and according to the law everything looks extremely clear and concise:

1. During the first two hours of overtime, the employee receives payment not less than one and a half times the amount.

2. For all subsequent hours - not less than double the size.

3. The monetary compensation for overtime can be determined by a collective or labor contract, as well as by local regulatory enactments.

4. At the request of the employee, overtime can be compensated for by additional rest, by the time not less than hours worked overtime.

Time off for previously worked time

According to the Labor Code of the Russian Federation, the time off for overtime work is provided at the request of the employee. What does this mean? In fact, this formulation prohibits the employer from determining the type of compensation for the employee. The worker must decide for himself whether he wants to receive payment or a day off for work on weekends.

However, there are a few things to remember. Firstly, it is impossible not to go to work without a preliminary agreement with the employer - even with hours worked it will be considered not a day off, but a walk. Secondly, the law does not provide for the possibility of taking a rest day first, and then working it out. And thirdly, the employee has only one type of compensation - either money or a day off for a day off or a holiday.

Leave for vacation

Each employee is entitled to an annual paid vacation. And due to this time the employee can take a day or several days as needed. They are formalized 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 must not be less than 14 calendar days. That is, you can not get all the vacation time off - once a year, the employee must go on vacation for at least two weeks.

Leave at own expense

So, we learned what the time off for the previously worked time is and what is the time off for an unused vacation. But what about those who do not have the recycled hours and have already ended their holidays? Such employees can take a day or several days of rest at their own expense.

It is very easy to do this. In the name of the employer, an application is made for the provision of days (hours) without saving wages with an indication of the reason. Based on the application, the employee is granted unpaid leave. Or do not provide, it all depends on the desire of the employer.

The fact is that no one is obliged to release an employee from service only at the request of the latter. There are several valid reasons for the employee to take a vacation, which is the birth of the child, the death of the next of kin, the wedding, and each of these cases is stipulated by law, and sometimes it is stipulated by a collective or labor contract.

But in all other cases, the provision of compensatory time off without retaining wages remains at the discretion of the employer, and only it will decide whether the employee has sufficient reason to leave work. Sometimes the solution of 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, and so on.

How to apply for a day off?

The time off for processing, on account of leave or without pay, is roughly the same. Differences will only be in the formulations and 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:

Director General of OOO Plus

AG Petrov

From the 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 "application" is written on the sheet, below the cap and in the center. After that, you can write the main text:

1. For a day off on vacation: "Please provide me with a 14.07.14 day off at the expense of the annual leave".

2. Time off for previously worked time: "I ask that you give me the 13.08.14 day off for the previously worked time 07.08.14 (specify a specific date).

3. A day without content: "Please grant me leave on 07.03.14 without pay." A few days: "...... for 5 calendar days from 02.04.14 to 07.02.14"

The same statement can be issued for a few hours: "Please give me 3 hours without saving wages on 23.07.14".

At the end, the signature and date are put. Sometimes in the application for a leave without content you need to specify the reason, in which case you can finish "... for family reasons." You do not need to write too much about the problem that you need to leave work if circumstances so require, then you can indicate in the application "... to visit a doctor" or something else, but this text should be extremely concise.

In order to get time off for processing, on vacation or without maintenance, the application must be signed by the employer. Then an order is issued, on the basis of which the employee receives unscheduled paid or unpaid leave.

Search for compromise

Sometimes it is very difficult to get time off for your previous work. The employer simply does not want to release the employee at a convenient time and finds a lot of reasons for refusal. How to deal with this? To begin with, you can demand not a day off, but monetary compensation - as a rule, the bosses part much more reluctantly with money than with the worker for a while. But this number will be possible only in the event that all processing is documented.

In all other cases it is necessary to seek a compromise, it is possible to make some concessions. This is always unpleasant, but this situation can be avoided. To do this, you must have a "white" salary in order to receive a normal payment in case of cash compensation, and properly register and register all exits to work on weekends or holidays, processing, etc. For those who have a "gray" salary and Conditionally "flexible" schedule, it remains to rely only on the integrity of its employer.