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

At many enterprises, work on weekends or overtime is compensated by providing time off. And a large number of employees leave before the moment when they managed to use the accumulated time. These unused days upon termination labor relations must be compensated to the ex-employee. And although clearly this question not regulated by the Labor Code of the Russian Federation, but in order to avoid problems with labor inspectorate it is recommended to pay the funds as it would have happened if additional vacation days had not been provided.

Are leave payable upon termination?

Possible payment of time off upon dismissal own will is only if the basis for their 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 single amount and an additional day off was provided, then unused time will have to be paid.

If none documentary evidence No, everything will depend on the conscientiousness of the leader. The employee will definitely not have to count on payment, but the employer can allow the days laid down by law to take days off.

Dismissal with leave

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

• correctly written and submitted application by the employee;
• coincidence of vacation time with the approved schedule;
• the cause of dismissal is not guilty actions of the employee.

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

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

Issues related to work during weekends and holidays are regulated by Article 153 of the Labor Code of the Russian Federation. According to its content, two scenarios should be provided for the choice of an employee:

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

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

Calculation of time off upon dismissal

All unused days off upon dismissal, which are officially documented, should be paid in accordance with what they were appointed for. For example, if an additional day of rest appeared at the disposal of an employee for overtime work, then 152 Art. TK RF. It says that tariff rate for the starting two hours over 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 immediately be multiplied by two. Therefore, for each individual bonus day, you need to carry out your own calculation. The simplest option is not a financial calculation. With an agreement between the employee and the employer, the former can simply take the accumulated number of days off before officially resigning.

Application for time off with subsequent dismissal

Below is a sample application for leave with subsequent termination of employment. If the employee has accumulated unused unpaid days, then the application is drawn up in the same way. It submits in the name of the employer and the text also indicates the desire to take a walk due days and quit right after. At the end - date and signature.

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Is the employer obliged to pay the provided time off for the work of the employee on weekends and holidays upon dismissal of an employee of his own free will, if the employer keeps official records of time off?

No, not required. Additional days of rest provided to an employee for work on weekends or non-working holidays are not subject to payment. In addition, the norms of the current legislation also do not provide for compensation to the employee for unused extra days rest for work on weekends or non-working holidays upon his dismissal.

According to part 3 of Art. 153 of the Labor Code of the Russian Federation, at the request of an employee who worked on a weekend or non-working holiday, he may be given another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

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Voluntary leave upon dismissal

The chief accountant is going to write a letter of resignation of his own free will on December 31. In 2015, they go to work on the 12th. Accordingly, from the prescribed period of 14 days, she still has 3 “working” days. In order not to go to work, the chief accountant is going to “take days off” these days for processing this year. Does she have the right to do so? Or is it ours good will give her these 3 days, and not compensate them with money at the final settlement as compensation for unused vacation?

Article 152 of the Labor Code of the Russian Federation:

Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. Specific rates for overtime pay may be determined collective agreement, local normative act or an employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

The key phrase, as you can see, is "at will."

To avoid misunderstandings about the concepts of "processing" and "overtime work":

Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work(shifts), and with the summarized accounting of working time - in excess of the normal number of working hours for the accounting period.

The last one is processing.

We write a letter of resignation of our own free will

Decided to quit of your own free will, but do not want to work for two weeks? Or vice versa, have you already informed the management about your decision, but changed your mind about leaving? Let's talk about the subtleties of termination employment contract at the initiative of the worker. We will also advise the employee on how to write a letter of resignation.

The following situation prompted the writing of the article: recently, one boss forced her employee to write a letter of resignation of her own free will. Moreover, in this situation, it was not necessary to work out two weeks. Under the threat of dismissal under the article, this employee wrote the requested paper, but, on reflection, she decided not to give up so easily. Before recalling him, she decided to carefully study the theory and find out how to write a letter of resignation and how to fight for her rights, if in fact there was no such desire. So, let's start in order.

Work two weeks

An employee who decides to terminate an employment contract must notify the employer of this no later than two weeks in advance (part 3 of article 80 of the Labor Code of the Russian Federation). This period begins on the day following the day when the employer received the relevant application from the employee. The basic formula is "I ask you to fire me of your own free will." Below is the resignation form:

An example of a letter of resignation can be downloaded and used by adding your data.

When asked whether the warning period should be observed or not, the Labor Code of the Russian Federation answers:

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

That is, an agreement between the parties is required to reduce the warning period. There are situations when such consent is not required and the employee has the right to terminate the employment relationship within the period specified in his application:

In all these situations, the employer is obliged to terminate the employment contract within the period specified by the employee.

In order to simplify paperwork, you can prepare a sample letter of resignation for employees or create a folder on the corporate server containing a set of samples of personnel documentation, including a sample of how to write a letter of resignation of your own free will.

Related materials

How to arrange vacation with subsequent dismissal

The employee has the right (not the fact that this right will be exercised by the employer), before quitting, to go on paid leave. Article 127 of the Labor Code of the Russian Federation states that the employer can provide leave at the request of the employee before he leaves. The legislation does not clearly regulate this issue, so an employee can write one or two applications (meaning for dismissal and for the upcoming vacation). There are no unequivocal recommendations in this case; be guided by the order of workflow that is adopted in your organization. The text might look like this:

I ask you to grant me annual paid leave with subsequent dismissal.

Regardless of the number of applications, the day of termination of the contract, if the employer still decides to satisfy this request for leave, will be considered the last day of paid rest. If the employer does not want to let the employee go on vacation, he will be obliged to pay monetary compensation for all unused vacation days.

Calculation upon dismissal: how much and when to pay

The company is obliged to pay all compensation, vacation pay and salary to the employee on the last day of his work. If on the day of termination of the contract the employer did not make a full payment, he is obliged to compensate the departing employee for his mistake in the amount of not less than 1/150 of the Central Bank key rate in force at that time from the amounts not paid on time for each day of delay, starting from next day after due date payments and up to the day of the actual calculation and issuance of the completed work book, inclusive.

If, before terminating the contract, the employee first goes on vacation, then the calculation and issuance of all documents must be made before the vacation. If for some reason the work book is not given to you, this is a serious violation of the law. According to Article 234 of the Labor Code of the Russian Federation, in the event of a delay in issuing a work book on the day of dismissal due to the fault of the employer, he must compensate the employee for material damage in the form of lost earnings for the entire time of the delay, if the absence of a work book on hand prevented the employee from getting a new job. Moreover, in this case, the day of termination of the contract will not be considered the day indicated in the application, labor or order, but the day of the actual issuance of the work book in hand (paragraph 35 of the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books” ).

As the Labor Code says in this case, dismissal of one's own free will on a new date is issued by order, and an entry is made in the work book. An earlier entry on the day of dismissal is invalidated. In order to perform all these actions, you need to contact your former employer with a written application to issue you a delayed work book, compensation for lost earnings and to change the dismissal entry in the work book on the date of its actual issuance.

If the employer refuses to voluntarily comply with your requirements, you need to go to court. But remember that this can only be done within a month from the day you were fired (Article 392 of the Labor Code of the Russian Federation). If a month has already passed, then it is better that the delay has good reasons. And although the court does not have the right to refuse to accept the claim on the grounds of missing the deadlines, but if the defendant, that is, the employer, declares this, the court can lose (if the court does not decide to restore the limitation period). So watch the time or stock up on good reasons.

Responsibility of the employer for keeping the work book at work former employee excluded if two conditions are met:

1. The employee did not show up for her on the day of dismissal.
2. The employer sent a notice to the employee about the need to appear for a work book or agree to send it by mail.

The procedure for dismissal at will

Within two weeks of "working off", the employee's decision to leave at his own request can be canceled. After all, he has the right to withdraw his application (Article 80 of the Labor Code of the Russian Federation). If before that the employee goes on vacation, he can withdraw the document before the day the vacation starts. And if another employee has not yet been invited to this place, who, in accordance with the law, cannot be refused to conclude a contract, nothing can prevent the employee from returning.

The Labor Code of the Russian Federation stipulates that another employee must be invited in writing. That is, the employer’s unfounded statement “I already took another, because you were fired of your own free will” will not work here. There must be written proof.

In order to withdraw the first application, you need to write a second one. If the employer refuses you - demand from him a written refusal indicating the reasons.

If you were forced to write “of your own free will” and they don’t go to negotiations, in this case the next step is to file a lawsuit in court. If you are not the only one in the organization, with a forced departure "on your own", invite all the "offended" as witnesses. Now the courts in such disputes between employees and employers most often take the side of the former. And if the trial is won, the loser will be obliged to reinstate you at work and pay wages for the entire time this issue was being resolved.

We continue to work

But, let's say two weeks have passed, you decided to cancel your dismissal, and your bosses are in no hurry with the calculation and return of documents. The Labor Code of the Russian Federation provides that if after two weeks the employment contract is not terminated and the employee does not insist, then the application “of his own free will” loses legal force and the employee is not considered dismissed.

End of story

How did the story with which we began the article end? As expected, the employee was not allowed to pick up the application, and they did not provide proof of inviting another employee. Knowing how events would develop, she recorded the entire conversation with her boss on a dictaphone, where the phrase got into, proving that the paper “of her own free will” was written under pressure. Now this employee is filing a lawsuit in court and has already found witnesses who were also forced to leave this organization of their own free will under pressure. With such evidence, she has every chance to win this case.

We hope the article answered the question of how to write a letter of resignation correctly. A voluntarily resignation letter template will help you avoid making mistakes in compiling this important document.

Legal Aid Center We provide free legal assistance to the population

Leave at dismissal - compensation for time off

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

At many enterprises, work on weekends or overtime is compensated by providing time off. And a large number of employees leave before the moment when they managed to use 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 as it should have happened if additional vacation days were not provided.

Are leave payable upon termination?

It is possible to pay for time off upon dismissal of one's own free will only if the basis for their 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 single amount and an additional day off was provided, then unused time will have to be paid.

If there is no documentary evidence, then everything will depend on the conscientiousness of the leader. The employee will definitely not have to count on payment, but the employer can allow the days laid down by law to take days off.

Dismissal with leave

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

• correctly written and submitted application by the employee;
• coincidence of vacation time with the approved schedule;
• the cause of dismissal is not guilty actions of the employee.

There is no need to submit two applications - to quit and to go on vacation. One appeal to the employer with both requests is enough. 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 work during weekends and holidays are regulated by Article 153 of the Labor Code of the Russian Federation. According to its content, two scenarios should be provided for the choice of an employee:

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

Calculation of time off upon dismissal

All unused days off upon dismissal, which are officially documented, should be paid in accordance with what they were assigned for. For example, if an additional day of rest appeared at the disposal of an employee for overtime work, then Art. 152 becomes relevant. TK RF. It says that the tariff rate for the starting two hours over 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 immediately be multiplied by two. Therefore, for each individual bonus day, you need to carry out your own calculation. The simplest option is not a financial calculation. With an agreement between the employee and the employer, the former can simply take the accumulated number of days off before officially resigning.

Application for time off with subsequent dismissal

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

Is there any pay for leave upon termination? Do you count them?

The employee wrote a letter of resignation on 10/11/2013. She has 8 days off left, should they be taken into account when calculating the dismissal order when we write the days of payment for unused vacation?

Lawyers Answers (1)

Labor legislation does not contain the concept of "time off", so you need to decide what is meant in your case by this.

If we are talking about the unused part of the vacation, then in accordance with Part 1 of Article 127 of the Labor Code of the Russian Federation, compensation must be paid to the employee for these 8 days.

If the employee was recalled from vacation without the appropriate registration of the recall and he was not recalculated in connection with this, then:

1) you need to recalculate and pay compensation for the remaining 8 days upon dismissal

2) upon dismissal, not to take into account the remaining 8 “days off” - this is easier, but for the employer there is a risk that during an audit or upon a complaint from an employee, a formal violation will be detected.

If the employee was involved in work on a day off and he was promised "time off" at a convenient time for him, then:

1) if the return to work was made in writing - the best option would be to give the opportunity to take these additional days of rest until the moment of dismissal, they are not subject to payment in accordance with Art. 153 of the Labor Code of the Russian Federation

2) if going to work on a day off was not issued, then it is possible to issue an order providing for an increased payment for work on weekends, or providing for additional days of rest at any time at the discretion of the employee, which are not subject to payment and which are provided again better until the employee is fired.

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The court considered a dispute on the legality of bringing the employer to administrative responsibility for the delay wages(Decision of the Tambov Regional Court dated June 18, 2018 in case No. 7-230/2018). The state labor inspector fined joint-stock company for the fact that the employee at the time of dismissal was not compensated for unused rest days at the time of dismissal for work on weekends.

The employer believed that there was no offense in his actions. To substantiate its position, the company pointed out that when engaging in work on weekends, the employee agreed in writing to pay for such work in a single amount with the provision of other days of rest. At the same time, the employee did not indicate the time of use of time off, and in the future they were provided to the employee at his request. However, some rest days were not used by the employee until the moment of dismissal. The employer believed that by paying the rest days in a single amount, he acted in accordance with the law. The use of rest days by the employee depended on his discretion, the employer was not entitled to force the employee to take time off, and the fact that the employee did not spend some of them before dismissal does not give rise to the employer's obligation to compensate them in any way.

Should the employer provide the employee with a proportionally calculated rest time depending on how much he worked on a weekend or non-working holiday, or is he obliged to provide a full day of rest? The answer is in "Encyclopedia of Solutions" Internet version of the GARANT system. Get 3 days for free!

However, the court did not agree with these arguments. As stated in the decision, it follows that a single payment for work on a weekend or non-working holiday is made only if the employee was granted a day of rest. If the employee has not exercised his right to another day of rest, the employer is obliged to pay the employee extra for work on the corresponding day off. This point of view is widely represented in judicial practice(appellate ruling of the IC in civil cases of the Voronezh Regional Court dated December 7, 2017 in case No. 33-9238 / 2017,).

However, the reverse position is no less common among judges, in support of which it is indicated that the legislation does not provide for compensation for unused time off; such compensation is established only in respect of unused vacation days (

Getting a job, a person must certainly know his duties. But, along with this, do 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 additional day off, you should know who is entitled to it. labor law, and under what circumstances.

Note

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 item. Now the employee is entitled to receive legal additional days off only in a number of certain cases.

What is a leave of absence and who is entitled to it?

Day off is considered a day off, which the employee receives for the performance of any overtime tasks. This day does not coincide with weekends according to the schedule. It is often attached to a vacation in order to extend it. Also, a day off according to the Labor Code of the Russian Federation can be taken among working week by agreement between the employee and the employer.

A worker may receive a day off if his work exceeded his official duties. There are several such situations.

• If he worked more than the allotted time.
• If you went to work on your legal day off.
• With the help of the employer during the holidays.
• For the excellent performance of their labor duties, as an encouragement.
• If the intensity of work exceeded the permissible norms, as compensation for hard work.
• For the performance of work that is not included in the list of labor duties of the worker, and was performed on a voluntary basis at the request of the employer.

All these examples can serve as a reason for the day 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 established norm. Having started work duties on a day off, the worker has the right to count on double pay or receive money in a single amount, as for a normal working day, but with the right to take time off at any time at his discretion. However, this rule is valid with a 100% guarantee only when processing is documented, since the concept of time off is excluded from the Labor Code of the Russian Federation.

In what cases does an employer not have the right to refuse an employee a day off?

In the Labor Code of the Russian Federation, there are reasons why the employer is obliged to give the employee time off. These include:

• Wedding.
• The funeral.
• Donating blood.
• For the hours worked recorded in the time sheet.
• For going out on a day off by order.

Replacing time off with cash compensation

In agreement with the management, you can arrange additional days off and the required vacation in cash. This is done when the company has enough funds to make additional payments and there is an urgent need for this employee to fulfill his labor obligations. An employee cannot demand a cash payment instead of a day off according to the Labor Code of the Russian Federation: according to the law, the manager has the right to refuse payments by releasing his subordinate on his legal leave.

The employer does not have the right to replace vacation with compensation in a number of individual cases:

• It is impossible to refuse leave, replacing it with compensation, even with the consent of the parties, if the employee is pregnant.
• Leave cannot be replaced by payments for more than two years in a row: the employee is obliged to use the leave at least once during this time.
• If labor activity is carried out in harmful or dangerous conditions.
• If a labor activity is carried out by a person who has not reached the age of majority: in our country, this definition means the age of 18 years.

These four cases are legally certified in labor code reason for refusing a cash payment instead of a vacation. The leader cannot infringe on the rights of his subordinates, for this he will have to suffer the appropriate punishment. Even despite the fact that this happens by mutual agreement 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 a disaster at Chernobyl nuclear power plant, the leave laid down by him cannot be converted into a monetary equivalent.

When are days off available?

The time off according to the Labor Code of the Russian Federation, laid down for the additional duties assigned to the employee or the implementation of his labor activity in non-working time, is assigned in different ways, depending on the specific situation. For example, citizens working on a rotational basis, in accordance with the Labor Code of the Russian Federation, are entitled to additional days off attached to the time of their rest. Also, workers on a rotational basis have the right to count on monetary compensation for processing. In their case, processing has a special character: those working on a rotational basis work for 10-12 hours for months, 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 the workers to recuperate before the next shift.

Additional Information

Unlike days off, which are determined by calendar state days or are compiled according to the needs of this particular enterprise, time off is more difficult to regulate. Usually they are provided to the employee as needed: when you need to leave for family reasons. The time for this is agreed between the boss and the subordinate, taking into account the wishes of the worker and the factors of production necessity.

How to take a leave?

The Labor Code does not provide for overtime compensation, for this reason there is no specific form by filling out which one could document time off at any enterprise. Each organization has the right to independently decide what the procedure for registration will be. The office worker must record all cases of overtime work of employees, their reasons and form of compensation.

If a worker wants to take advantage of an unofficial day off for processing, he needs to write an application.

In addition to the application for time off under the Labor Code of the Russian Federation, the employer in without fail issues an order stating the time of rest and the reason. Otherwise, if an accident occurs to the employee during his absence from the workplace, the employer will bear responsibility for it. Official registration is not carried out if the employee's employment contract already displays his additional day off. In this case, there is no need for an order for time off: the absence of a subordinate at the workplace has already been documented. Order example:

In a number individual situations processing is the direct responsibility of the worker.

• Elimination of the consequences of disasters or other consequences destructive force that endanger and harm others.
• Prevention of criminal activity, the consequences of which may affect the life, 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.

The refusal of an employee to perform his duties in one of these situations or unauthorized leaving will entail serious consequences. It could be disciplinary action or . Most often, this is acceptable for military personnel liable for military service during the introduction of martial law. Also, it is suitable for employees of the army, police, Ministry of Emergency Situations, doctors.

Time off at your own expense according to the Labor Code of the Russian Federation

If an employee urgently needs a day off, he has the right to ask to be released at his own expense. There can be many reasons for this.

• Illness of one of the relatives, when personal care is needed for the sick.
• The need to leave for a while due to personal circumstances.
• Poor health caused by a busy work schedule: the desire to relax 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 line.
• Disciplinary meetings of parents at school.
• A situation where the director of the school where the children of the worker are studying insists on his personal presence during working hours.
• Wedding of children, relatives, close friends.
• Funeral of relatives, close people.
• Serious emotional upheaval, when the employee is morally unable to perform his duties.
• Other personal circumstances.

All this may cause the employee to ask for leave at his own expense. The immediate supervisor has the right to refuse, since none of these reasons legally restricts his actions. The following circumstances may affect the refusal of the management in the request to take time off under the Labor Code of the Russian Federation at their own expense for one or several days:

• The employee often goes on sick leave and takes time off.
• By necessity.
• The period of inspections, submission of reports.
• A situation where a particular employee is irreplaceable due to their skills and official duties.
• Frequent violation of internal regulations by the employee.
• The personal attitude of the head to the subordinate, associated with 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 your own expense. Since the concept of time off is not in the labor code of our country, the actions of an employee 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: the official registration of processing. As mentioned above, for this an order must be drawn up without fail: this is beneficial to both the employee and the management team. This document will help the authorities to avoid liability in case an employee is injured during an 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 pay rate or a single standard pay for working hours with the possibility of time off. When there is such an order, the employee can be sure that he will not be denied a request to leave work for personal reasons. In addition, it will not be a vacation at your own expense, but a well-deserved paid day off.

A worker can arrange a day 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 aforementioned 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 length of service.

Vacation at your own expense

If the day off is not formalized, according to labor law Russian Federation it is considered a truant. Both parties can be held responsible for this: if something happens to an employee, the organization will be responsible, in the report card of which it is indicated that the employee was at the workplace. An employee can easily receive official absenteeism with a warning and entry in a personal file. Even if it was the verbal permission of the authorities. This is a subtle point that is better to be assured on paper in order to avoid problems.

If it is necessary to leave the workplace for several days without saving wages, the employee writes a statement, which is signed by the head of the organization. After, on the basis of this document, an order is drawn up, with which the employee must familiarize himself and put his signature on it. The order will be in the personal file of the employee.

Sample application for leave at your own expense:

What to do if an employee needs to take a day off, but management refuses?

The situation when the employer does not take into account the wishes of the employee, acting in the interests of production, is not uncommon. Most often, he has good reasons for this, related to production needs. An employee in this situation has three possible scenarios

Option number 1.

The employee agrees with the manager, and remains at the workplace to fulfill his duties. This option is acceptable if the need for a vacation of one or more days is not urgent, and the situation at the workplace really requires his personal presence at the designated time. When the work 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 the performance of his job duties.

Option number 2.

The employee and his manager agree on a compromise way out of the situation. This may be the transfer of time off for a period when its absence will not affect the work process. Or an employee goes on a part-time job to fulfill his duties and go about his business. It is also possible to agree that the necessary labor activity will be performed by another employee or a person from outside. This is possible in a number of individual cases.

In this situation, both sides compromise. This will help not only to maintain a warm relationship between the employee and the subordinate, but also to get out of a difficult situation with least loss at both sides. Having made a compromise, the employer makes it clear that not only the work of the employee is important for him, but also himself. By this act, he shows his location. It would be unwise not to accept such an offer, unless there are serious reasons for it.

Option number 3.

If an employee still needs to leave workplace on the day when, according to the report card, he should be present, there is a loophole. If the boss refuses to take time off, does not compromise for one reason or another, the employee can become a blood donor that day. This is the only option according to the Labor Code of the Russian Federation, when his absence from the workplace will be documented justified. This will help him avoid absenteeism with entry into a personal file.

What should not be done if the authorities refuse to leave at their own expense:

• Making a scandal will only spoil relations with superiors, put them in a bad light. There will be no productive help from this action.
• In the heat of writing a letter of resignation - later you will have to regret it. Such a decision should be made without emotion, with a cold head, with consideration of the consequences and further actions.
• To leave on their own, despite the refusal of the authorities - absenteeism will be immediately entered into the employee's personal file. Three absenteeism is a reason for dismissal under the article, after which it will be very difficult to get a job.

Any issue can be settled peacefully. Do not forget that the manager is obliged to act in the interests of production, otherwise he will be replaced in his post by another, more executive employee. An employee who has received a refusal in a request to let him go on vacation at his own expense or to take time off under the Labor Code of the Russian Federation should understand this and not accept the refusal at his personal expense.

Thus, while working at a particular enterprise, you should be aware of your labor rights to use it to your advantage if necessary. Employers often take advantage of the fact that their subordinates do not know their rights. This should not be abused either, since many professions involve processing initially. This is due to the nature of the duties. 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 as necessary. For this, the Labor Code of the Russian Federation exists.

M.G. Moshkovich, lawyer

Time off for processing: how to provide them

In certain cases, the Labor Code allows for the provision of additional days of rest to the employee, in common parlance - time off. However, the procedure for their use has not been regulated in any way, and therefore compensatory time off is sometimes accumulated in large quantities. Consider whether this is legal and what to do with time off upon dismissal.

Where do extra holidays come from?

Work on a weekend or non-working holiday is paid at the choice of the employee. Art. 153 of the Civil Code of the Russian Federation:

• <или>not less than double;
• <или>in a single size with the provision of an additional day of rest. Moreover, it is impossible to force an employee to take additional rest instead of increased pay, this is a voluntary matter.

An additional day off cannot be granted to employees who have concluded an employment contract for up to 2 months. For them, only one form of compensation for work on a day off (holiday) is provided - monetary Art. 290 of the Labor Code of the Russian Federation.

The employee has the right to ask for additional rest time and instead of increased pay for overtime work e Art. 152 Labor Code of the Russian Federation. In this case, he is provided with additional hours of rest (but not less than the time worked overtime). Further, we will consider the provision of time off for work on the weekend, keeping in mind the time off for overtime work.

How to file an employee's wish to receive a day off

How exactly the employee should express his desire to take time off is not regulated by the Labor Code, leaving this issue to the discretion of the parties to the employment contract. Therefore, the issue is often resolved by oral agreement. But it’s better to ask the employee to write a statement asking for time off for processing. The application must be submitted in the month when he worked on a day off, the specific date of the day off can be omitted.

The fact is that work on a day off is payable on the next pay date. articles 135, 136 of the Labor Code of the Russian Federation. The employer has the right not to accrue increased pay to the employee only on the condition that the employee chooses to rest. And you can’t prove a wish expressed orally if a dispute suddenly arises.

Therefore, if, in the absence of written confirmation of the employee’s desire to take a day off, you do not pay an increased amount for work on the day off on the next salary date, then you violate the Labor Code. In the event of a check, you may be required to pay processing with interest for the delay for all days of delay until the day of actual payment. Art. 236 of the Labor Code of the Russian Federation and fine Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

In practice, the choice of compensation (double pay or rest) is often made at the stage of agreeing with the employee to go to work on a day off. For example, there is a special line in the form of notice of attraction to work on a holiday, in which the employee can indicate the form of compensation and determine the desired date of day off. In this case, the type of compensation is immediately fixed in the order for engagement to work on a day off.

ORDER

Engage Anatoly Petrovich Sergienko, the watchman of the Warehouse division, to work on the day off 03/21/2015. As compensation for working on a day off, provide him with an additional day of rest on Monday 03/23/2015.

Grounds: notification of A.P. Sergienko dated 03/19/2015.

If the choice is not fixed in advance, then you need to invite the employee to write a separate statement after he has completed such work. If the employee immediately indicates the date, a separate order is issued only to provide time off.

ORDER

Grant Anatoly Petrovich Sergienko, the watchman of the Warehouse division, an additional day of rest on March 27, 2015 for working on the day off on March 21, 2015.

Reason: statement by A.P. Sergienko dated 03/23/2015.

Difficulties can arise if the employee asks for time off, but does not indicate the date. On the one hand, this does not contradict the law, because the terms for using time off in the Labor Code have not been established. An employee can take his additional day off both in the current month and in subsequent months. sec. 5 Recommendations of Rostrud, approved. protocol No. 1 dated 02.06.2014. On the other hand, this practice sometimes leads to the accumulation of time off in large volumes. Therefore, it is better to define the order of using additional days off in the internal rules. work schedule or other local regulation of your organization.

FROM AUTHENTIC SOURCES

Deputy Head Federal Service for work and employment

“ The procedure for providing additional rest time in exchange for increased wages may be provided for by the local regulatory act of the employer. In particular, it is possible to determine the deadlines for applying for time off, the timing of the use of time off, the procedure for dismissal before the time of use, and so on.

What to do if an employee quits without using time off

The Labor Code does not say anything about the fate of unused time off upon dismissal. So, if at the time of dismissal the employee has unused vacation days, then he is paid financial compensation or granted vacation followed by dismissal m Art. 127 Labor Code of the Russian Federation. But there is no such rule in relation to time off. Therefore, employers sometimes refuse an employee any form of compensation, especially if there are many days off.

However, this is wrong. After all, the Labor Code in any case obliges the organization to pay for work on a day off (holiday) in an increased amount. And this obligation is not canceled in connection with the dismissal of the employee. Therefore, if the provision of time off becomes impossible, then it is necessary to pay compensation in cash, there is no third way. A similar opinion was expressed by the representative of Rostrud.

FROM AUTHENTIC SOURCES

“If it is impossible to use additional days of rest before dismissal, the employee, upon dismissal, must make an increased payment for all cases of overtime work and work on a day off (holiday) without limiting their number.”

Rostrud

It seems that, by agreement with the employee, it is also possible to provide him with the due time off before dismissal. If there has already been an order for them, then such a statement will be required from the employee.

STATEMENT

I ask you to provide me with an additional day of rest due to me for work on 03/21/2015 on a day off not 04/24/2015, as I asked earlier, but 04/10/2015, due to the fact that I am leaving on 04/24/2015.

A.P. Sergienko

But it is not always possible to use additional days off: for example, the usual term for working out upon dismissal of one's own free will is 2 weeks, and time off sometimes accumulates for a whole vacation and even more.

TELLING THE EMPLOYEE

If an employee asks for processing time off, not payment better not to hoard them in in large numbers. In the event of a sudden dismissal, he will not be able to use them, and not all employers are ready to pay the money.

If the employee is not paid upon dismissal, he will have the right to demand increased payment in court. It should be noted that the current practice is heterogeneous due to the fact that different judges count the three-month period in different ways, during which the employee has the right to go to court in such cases x Art. 392 of the Labor Code of the Russian Federation.

So, in the situation considered by the Supreme Court of Buryatia, the organization practiced only one form of compensation for working hours - time off. As can be assumed, the employees did not write statements about their choice. The court decided that in this case, the obligation of the employer to pay for processing (if the time off is not used) arises on the day of dismissal, from this date 3 months must be counted. Since the dismissed woman applied to the court within this period, the decision was made in her favor. She was awarded compensation for overtime and weekend work in September-October 2010, despite the fact that she quit in January 2011. Cassation decision of the Supreme Court of the Republic of Buryatia dated July 11, 2011 No. 33-2157

But in the Khanty-Mansiysk Autonomous Okrug, the judges argued as follows: that an employee’s rights have been violated, he will find out when he receives a salary for the month in which he worked on a day off (since he did not receive any payment or time off, he did not write statements) . Therefore, it is necessary to count 3 months from this date. And the employee went to court only after the dismissal and missed this deadline. Therefore, he was denied compensation and Appellate ruling of the court of Khanty-Mansiysk Autonomous Okrug - Ugra dated October 29, 2013 No. 33-4652 / 2013.

In the second approach, the organization has a chance to win, especially if it gives employees pay slips with every paycheck.

Explain to those who like to save time off that it is better to use them in a reasonable time so as not to create problems when they leave. Then the management will not be tempted to deprive employees of well-deserved compensation.