Since the beginning of 2012, the legislative concept of “time off” has been considered obsolete and removed from labor law.However, even today, an additional day off, to which an employee of an organization has a legal right, is often brought under this concept. Is there any compensation for such weekends upon dismissal? How is payment made? How to protect your rights and receive compensation if the employer refuses to satisfy the requirement of the resigning?

How to use time off when leaving?

Dismissal, especially if it is dictated by the employee's own desire, implies the performance of his duties for another two weeks. This period is called working off. However, there are legal ways to circumvent these norms indicated by labor legislation, for example, you can write a letter of resignation while on sick leave or vacation at that time, arguing this with your own desire. Also, for these purposes, you can use the right to take a walk unused days off upon dismissal.

It is important to understand that the concept itself implies an additional day off, which the employee has the right to designate the date independently. In this case, coordination with the boss / employer is prerequisite, otherwise, in the work sheet, which is responsible for recording working hours, they can put absenteeism and dismiss the employee no longer according to his own will, but according to the relevant article. To avoid this kind of trouble, it would be correct to write an application for the weekend on account of working off by analogy with unused vacation.

Compensation for time off upon dismissal

Compensation for time off for work on weekends and holidays according to the Labor Code of the Russian Federation upon dismissal is not provided. In this bill, there is only a mention of unused vacation, to which such days, according to the law, have no relation.

Payment in this option - good will employer, which he can either show or refuse to fulfill. But there are a number of nuances, for example, for work on such days, an employee can receive payment in the double amount of the daily salary, or write an application for an unscheduled vacation. In this case, the employer when an employee leaves the enterprise, especially if it is dictated by his own desire, is obliged to pay for such days, but again, on the condition that the company maintains appropriate records.

Are leave payable upon termination?

Several factors influence the final verdict of the employer, and more specifically, whether the payment of time off upon dismissal will be made:

• Origin;
• Availability of documentation: statement of the employee, order of the management, etc.;
• The desire of the employee to receive payment in monetary terms for additional days off.

To be able to defend your interests and correctly parry arguments dishonest employer you have to be legally savvy. Since this situation has a number of nuances, knowledge of which in many cases allows the employer to reduce costs.

Compensation for voluntary leave upon dismissal

If time off, overtime work or processing have not been documented in the organization, the employee can either take them off or forget about their presence, since the Labor Code of the Russian Federation does not regulate these issues in any way. If everything was done correctly from the very beginning, then in order to avoid potential litigation, the employer can compensate for unused time off of his own free will.

Only days off for donation are subject to mandatory payment , such employees are obliged to provide both additional rest and proper payment. If the employee wants to receive payment during this time, the employer is obliged to agree to his terms.

If the employee voluntarily refuses to rest and insists on payment, then the employer will be helped to make the right decision by realizing that the employee, if he refuses to satisfy his requirements, can go to court, which will entail more heavy expenses for the organization.

Payment for time off for work on weekends upon dismissal

Work on weekends and holidays implies increased pay for this time, or accrual of rest days. If the appearance of the weekend was preceded by duty, then the employer is highly likely to refuse compensation when the employee leaves work of his own free will.

In case of a positive response from the employer, the posting and calculation should be made according to the following algorithm: employee statement indicating the deadline, order for payment of compensation, accounting entry of payment. Calculation and payments must be made by analogy with the next vacation.

Time off is a time of additional rest, which, by mutual agreement of the parties, can be compensated to the employee in monetary terms. At the end of the term of the contract of employment, there is often a dispute about unused rest days. Indeed, the relationship between the employer and the employee is regulated by the Labor Code, which does not contain the concept of “time off”. The more acute the question arises: can the unspent days of rest prescribed by law be paid and how this should happen.

What should I do if there are unused days off when I leave?

Russian legislation establishes a clear procedure for compensating hours worked in excess of the standards:

• overtime: clarifies - the employee has the right to choose between monetary compensation and additional unpaid rest, equal in duration to the time spent on work;
• on holidays and weekends: double or single pay is guaranteed, but with the addition of unpaid hours or days of rest;
• overtime for shift workers is paid within the limits of one average daily salary for each day worked, ;
• donors are paid for the day of medical manipulations and the next one, .

But what if the overtime has not yet been used and paid, and the employee decided to quit? Documented overtime will not cause controversy - the administration is obliged to provide the employee with days off or pay overtime in accordance with applicable standards. More difficult with verbal agreements. Here everything will depend on the decency of the leader and on the personal relationship of the employee with him.

Do compensatory leave burn out upon dismissal of one's own free will?

Dismissal implies the simultaneous termination of all relations between the employee and the employer. Accordingly, a full settlement is made between the parties, after which neither of them will bear any material obligations to the other.

If, during the period of fulfillment of labor obligations, the employee has accumulated overtime, and it was not used until the moment he was released from his position at his own request, you must try to use it so that it does not “burn out”.

As a rule, upon dismissal, the employer forces you to work for fourteen days, which are used to look for a new candidate to replace the outgoing one. This period can be used for overtime work.

How are unused time off paid upon dismissal of one's own free will?

Will the organization pay for unused time off on termination? labor relations depends on several reasons:

• Which option will the employee choose - monetary compensation or the actual use of the days off due to him;
• The reason that was the basis for additional rest;
• Does the organization keep a documented record of overtime and time off for employees.

Do I have to pay for time off upon dismissal of my own free will? Russian legislation does not provide a specific answer to the question. But it must be taken into account that, unlike the reduction, when the employee terminates the performance of labor obligations at the initiative of the manager, in this case the employee has time to think about the decision and take measures to use the accumulated days off.

Are time off for work on weekends and holidays paid according to the Labor Code of the Russian Federation upon dismissal?

According to the Labor Code, involvement in labor activity on holidays and other weekends is prohibited. Under special circumstances - emergency at the enterprise, accidents and their prevention, disasters and elimination of their consequences - it is allowed to involve employees in work with their written consent.

Weekend work is considered overtime and must be paid double or may be offered single pay with additional rest days. What to choose - the employee decides. Upon dismissal, unrealized time off may burn out, so they must be used in a timely manner.

How to get money for unused time off when you leave the Ministry of Internal Affairs at your own request?

Order No. 961 of the Ministry of Internal Affairs of the Russian Federation of October 19, 2012 allows the involvement of employees of the department in overtime work with the subsequent provision of additional days off. Order No. 638 of the same ministry establishes the order and amount monetary compensation for service at night and on weekends.

Employees with irregular working hours are not entitled to financial compensation, they are only entitled to additional leave. With a shift schedule of service, work on weekends and holidays is not paid, these employees have to be content with only paid rest. Thus, employees of the Ministry of Internal Affairs can use time off in the same way as other civil servants: they need to write a report addressed to the higher management indicating the grounds for granting the right to additional rest.

Upon dismissal from the ranks of the Ministry of Internal Affairs, employees are subject to the same rules and regulations as civil servants. This means that unused days off can easily go to waste if not taken on time. Compensation in monetary terms is also not paid here. Therefore, before filing a dismissal report, it is recommended to “pay off” all accumulated additional days off so as not to create unnecessary problems for yourself or your management.

Refusing an employer when he talks about working on weekends or overtime, labor law it is possible, but somehow not very accepted. Does his request go beyond some acceptable limits, or is the boss abusing his influence. Whatever arguments the workers involved in the additional work are guided by, in return they expect quite tangible and adequate gratitude from the employer. Acceptable expression of gratitude for the employee will be additional time off or payment for time off for work on weekends and holidays.

Normative base

The first thing that needs to be learned by those who are going to figure out whether the day off is paid is that they will not find this concept anywhere in the Labor Code. By mutual agreement, the parties to labor relations call a day off, a free day provided to an employee during a period when the schedule of the enterprise assumes his normal employment. In other words, if the company works from Monday to Friday, then a non-attendance agreed with the authorities will be considered a day off. workplace on any weekday. If exemption from work on this day is not agreed upon before its occurrence, then it will rightly be called absenteeism.

In fairness, it should be noted that although there is no concept of time off in the TC, the term “extra day of rest” is repeatedly encountered. By mutual agreement with the employer, you can get it for:

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

If, for any personal reasons, a person needs free time during working week, then this is also called a day off. In such a situation, the employee may not have the legal right to an extra 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 holidays, 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 way to arrange a free day is not particularly of concern to an ordinary employee, then the issue of paying time off for work on weekends and holidays can become truly relevant.

Mandatory right to non-category leave

No one can argue with the statement that the offer to work longer is expressed by the authorities more insistently than the willingness to let go from work. But, when labor hours are already fixed in the time sheet or there are non-vacation days of rest for previous periods, it is much easier to make the employee heed his requests. Free days, begging "in advance", are more difficult to get. The argument may be some urgent or good reason indicated by the employee in his application. This equally applies to the situation when an employee asks for leave at his own expense. In the latter case, however, circumstances may arise when the employer will be disarmed due to the status of the applicant or the nature of his problem:

Do not forget that an additional option for obtaining free days may be contained in collective agreement companies.

Paid and unpaid leave

For those who intend to ask for extra day your employer, you need to clearly understand that the question of whether time off is paid is not entirely correct. There are several options for approaching financial security:

• Days of absence do not imply payment at all, Art. 128 TC;
• Absence implies the preservation of the average salary for the hired person Art. 167, chapters 19 and 28 of the Labor Code;
• Time off is not paid, since it was chosen by the employee himself as a way of compensation for working overtime or on a day off, art. 152 and 153 of the Labor Code.

For those who ask to give him a day from rest periods from chapter 19 of the Labor Code, you need to remember that you can not “pinch off” from any vacation. If the provision of a 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 from student leave in advance, because the right to it appears only after receiving a call and an examination certificate on academic performance (Chapter 26 of the Labor Code). From there, information is extracted 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 a free day off without good reasons ask workers who do not belong to preferential category under Art. 128, the employer has every right to refuse their request.

Types of days off

Legislation does not in any way regulate the permissible number of engagements in non-working time within the framework of one enterprise. In fact, such orders can be issued at least daily, as long as there are real reasons for this and the consent of employees. It is also 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, it is more profitable to choose the “two evils” that can be solved with money. This simplifies accounting and does not lead to interruptions in the work of the company. But even if the employer is ready to spend, he still will not be able to do it indefinitely, because for calendar year an employee can only work 120 hours more than the annual time limit, Art. 99 TK.

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

Processing on weekdays or turnout on weekends

No reason to stay at work after expiration labor day or the end of the shift will not be able to detain the employee for more than 4 hours a day and more often 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 (in one and a half or two times).

But it could be so: the employee initially asked to replace the financial compensation with hours of rest. If we assume that he worked four days off a month for 4 hours, then he is supposed to walk two days in the middle of the working week. In this situation, employees of the personnel and accounting departments may overcome doubts about: is time off for work on a day off paid and how should this be reflected in the time sheet?

First of all, you need to look at the overtime order. If it involves a one-time extension of the shift, but without exceeding the monthly norm of hours, then you just need to correctly reflect the distribution of working time in the form of hours accounting (T-12 or T-13). Then the day off will not be payable, 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 time of work will be paid at a single rate.

Another thing is when the total number of hours exceeded the monthly, quarterly or annual norm (but not more than 120). You can still “give away” the processing time as a weekend, and charge a one-time payment. However, in the final statement, the person's salary will be more than the established salary due to the increased number of hours worked in the time sheet. The decision of days of additional rest entails a change in the amount of payment. For all hours worked, wages are charged at a single rate, and days off are not paid at all, art. 152 and 153 of the Labor Code.

Payment for work on holidays

Work on holidays according to the Labor Code, and more specifically, according to Art. No. 153, equated to work on weekends. According to the law, wages are not less than double, but can be increased if this is provided for by a collective or individual agreement. There are subtleties that are important to know:

• When you work piecework, you must work at least double the rates.
• If the tariff rate is set by the hour, then the rate is also multiplied by two
• If a official salary- then for the day worked, a daily salary is charged in addition to your salary. And if the monthly norm by the hour is exceeded, then plus a double salary (i.e., in a triple amount)

Of course, it is not always possible to choose the right payment from the authorities. Then you can use the information given above - i.e. use processing as an extra day off. The application for payment of time off for work on a day off is written simply - we 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. It is quite likely that the employee abruptly changed his mind and applied for the replacement of days of rest with money.

It should be noted right away that the employer has the right to refuse such a replacement, provided that the form of compensation has already been agreed in the order for recruitment and the days have been agreed. But if the authorities intend to meet the employee halfway, then the accounting department’s doubts about whether time off is paid for previously worked time and by what method to calculate should be dispelled in an additional order for the enterprise.

For those who face similar situations more than a few times a year, it is more correct to fix these provisions in the collective agreement. If there is no desire to make changes to one of the fundamental documents, then you can simply publish this rule in a separate local document of the company (order or instruction). In order to avoid disputes when determining the amount of compensation for unused time off, it is easier to find an opportunity to provide earned rest time during the notice period.

Compensation for time off upon dismissal

Rarely, dismissal is spontaneous. Unless, as a result of a rapidly developing conflict. In this situation, among the unsettled items, there may also be one that should answer the question of whether time off is paid for processing, issued by order, upon dismissal? Employee anxiety is understandable. Indeed, when signing documents on attraction to additional work, he could not assume that he might not complete the day off fixed in it until the day. It is likely that the time off was supposed to be added to the 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 in proportion 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.

Least of all disputes arise from those employers who have fixed the chosen method of calculation in the collective agreement. For those who have not foreseen such a situation, it is better to apply the scheme using the annual norm of working hours, since this will allow you 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 sharp corners. You can agree with the employee on the transfer of time off for the period of working off before dismissal. Then the employee will receive earned rest, and the employer will not pay "double".

Application preparation

An application for time off, in addition to writing a “cap”, a title and a signature with a number, is, to a certain extent, a creative process. The decision of the management to provide a free day depends on how convincingly and colorfully the employee describes the reasons forcing him to miss work. There are a number of recommendations when compiling a document:

• You must specify the date or period of the expected absence;
• Report the reason (from the beaten "" to some exotic event), which will seem convincing to the employer;
• Indicate your wishes regarding the payment of time off (on account of paid leave or without financial security);
• Mention the available documentary evidence (attach copies).

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

Payroll or holiday pay

From a legal point of view, it is not time off that is payable, but overtime worked or a period of execution job duties on weekends and holidays. There is a rule that “extra” hours are compensated based on salary, in proportion to the monthly, quarterly or annual norm of working time. If instead of financial compensation, the employee chose rest, then the payment is made in a single amount, and the day off is not paid at all.

The principle of calculation is quite simple: the salary or output for the selected calculation 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 a day off in order to reduce the duration of a future vacation, then we will talk about average earnings. You can calculate it, guided by 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 on account of paid vacation.

Effect of time off on seniority

According to some agencies, time off received as overtime compensation 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 the code OB or 27 (day off, holiday or overtime).

Days of absence, by agreement with the authorities, but without saving salaries, are affixed by the rationing worker as a pass ( letter designation in the HB report card or 28). If there is no condition for working off the missed time on another day, then such a day off can negatively affect the actual number of working hours.

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

The policy of continuous recycling at the enterprise is not consistent with Labor Code, and, ultimately, does not make the work of employees more efficient. The key to success in managing a team is the correct distribution of workload and competent work rationing. But, since the need to go out after hours has happened, timely payment or time off will help to pay off the displeasure of employees.

Bar lawyer legal protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

The employer often has the question of what to do with the days off that the employee “earned” for going to work on weekends and holidays, if he quits and did not have time to use them. It should be clearly understood how much, according to the law, each employee is entitled to for processing, and what 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. In the article we will consider how the payment of time off is processed upon dismissal.

So we will find out:

• when and to whom compensation is due;
• what is the procedure for paying time off upon dismissal;
• What is the procedure for processing time off upon dismissal.

If a situation arises at the enterprise when an employee must go to work on his legal day off or work overtime, he has the opportunity to take a day off later. As a rule, if an employee overworks a day, then he is charged double the pay for that day or in the usual amount, but at the same time they are given a day off. The time off can be used on any day during the year, or you can accumulate time off and add it to your vacation. An exception is considered time off for duty, since according to the law, time off for duty can only be used for ten days. This is stated in the Decree of the Secretariat of the All-Union Central Council of Trade Unions dated April 2, 1954 No. 233 “On duty at enterprises and institutions”.

When compensation is due

An employee is entitled to compensation and time off in the following cases:

1. Work on weekends or holidays;
2. Overtime work(calculated in hours);
3. Recycling at shift schedule work;
4. Donation of workers;
5. On duty on weekends and non-working days.

If the employee went to work on his day off, then he is entitled to double compensation or compensation as for a working day with the right to use the day off. If an employee worked several hours more than specified in the contract, then for each hour worked he receives compensation. For the first two hours - 1.5 tariff rates, and for the following hours - 2 tariff rates. With a shift work schedule for the day worked between shifts, payment is due in the amount of one day's earnings. When donating, the worker is granted two or three days off (per day of examination, per day of donation and per day of rest after donation), which are paid at the regular rate. Holidays can be used throughout the year. For duty, the employee is entitled to unpaid additional rest time.

The procedure for payment of time off upon dismissal

So let's imagine a situation. The employee has accumulated several days off. He received a single compensation for them and was going to add time off to the vacation. However, I did not have time - I found new job and, having worked for 2 weeks, is going to quit. What should an employer do now?

According to Art. 140 of the Labor Code of the Russian Federation upon termination employment contract payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. Therefore, if the employee did not receive compensation and did not take off the rest days due to him, by the day of dismissal he must receive material compensation in the amount of the usual daily earnings for underutilized time off.

If the day off does not have evidence recorded in the documents, theoretically the employer can refuse to pay compensation to him. However, if there is information in the timesheet, this is taken into account as documentary confirmation. In addition, the testimony of witnesses will also be taken into account at the trial. In order not to bring the matter to court, it is better to pay employees in full.

The procedure for processing time off upon dismissal

In order to receive monetary compensation for unused time off, the employee must write an application. The application is written in any form addressed to the head.

Application example:

Director of OOO Zvezda Ivan V.A.

from an accountant

Sidorova R. P.

Statement

I ask you to consider the issue of paying monetary compensation for work on the weekends of February 1, 2, 3, 2002 in connection with my dismissal on February 9, 2002 of my own free will.

Date ______________ Signature ________________

If the manager agrees to pay the employee's time off, he issues a decree in which he indicates the amount of compensation to the employee for working on a day off. The order also instructs the accountant to accrue the required amount, and to the head of the personnel department to familiarize the employee with this order in due time. The order also indicates who will be responsible for the implementation of this decree.

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