I was hired to work on the weekend of March 8, 2015. Somehow I forgot about it and didn’t immediately take advantage of the time off. In the coming 2017, I decided to add this day to the New Year holidays, until I completely forgot about it. I went to the HR department and explained the situation. I was told that I was no longer entitled to time off for working on a holiday, since a calendar year had passed since I worked on the holiday.

How long is time off for working on a holiday granted? Can he just disappear like that?

The concept of “time off” is no longer used in the Labor Code of the Russian Federation, but it has taken root in everyday life for a long time and is even found in official court documents. Therefore, we will not consider it shameful to use it. Let’s just define that time off is a day off given to an employee for working on a weekend or a non-working holiday.

As we know, under certain circumstances, an employee may be required to work on weekends and non-working holidays, both with and without his consent. Work on a weekend or non-working holiday is paid at an increased rate. At the request of the employee, he may be given another day of rest - time off.

With payment, everything is clear and simple: you were involved in the work, the timesheet was filled out and submitted, accruals and payments were made. Accordingly, the employee will receive payment for work on a weekend or non-working holiday no later than fifteen days later.

But how long will it take to provide time off for work on a holiday if the employee does not immediately indicate a specific date? How to limit the period when an employee can use time off - a month, a calendar year? The Labor Code of the Russian Federation does not establish a period for granting time off for work on a holiday. From this we can conclude that an employee can exercise his right up to dismissal.

It is possible that this is not very convenient, and it is more advisable for the parties to immediately agree on the date when time off for work on a holiday will be granted or added to the annual leave. In any case, the employer cannot force or oblige the employee to use time off; this worsens the employee’s rights.

On the other hand, Article 153 of the Labor Code of the Russian Federation literally says that, at the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest.

From this we can conclude that the employee must express a desire to be granted another day of rest, for example, on. Whether or not to provide another day of rest is the right of the employer. If he simply pays the employee double for the work, then he will comply with the requirements of the law in full.

Thus, if work on a weekend or holiday was not paid at an increased rate by the employer and the employee expressed his desire to be provided with another day of rest, then time off for work on a holiday must be provided without taking into account any deadlines.

According to the Labor Code of the Russian Federation, weekly rest is given to every employee. It is at least 2 days in a five-day working week and one in a six-day week. By law, rest must be at least 42 hours weekly. Additional work on weekends must be paid double.

Most often, Sunday is a day off. The second free day is regulated by a collective agreement or internal regulations of the organization. As a rule, with a work week consisting of 5 days, 2 days off follow each other. With a shift work schedule, days off are also determined by internal regulations and can be provided on weekdays. In what cases are additional days off allowed? Let's figure it out.

Weekend work

Working on official weekends in the organization is prohibited by the Labor Code. There are certain rules. It is possible to call an employee on his legal day off only with the written consent of the latter and only in certain cases listed below.

1. In case of an industrial accident or natural disaster to eliminate the consequences.
2. In order to prevent an accident.
3. To perform urgent tasks on which the work of the organization as a whole depends.
4. Workers in creative professions.
5. On an individual basis and exclusively voluntarily on the part of the employee.

Who gets extra days off?

Restrictions

People with disabilities and women with young children can be involved in work on a free day only if this type of work is not prohibited for them by doctors. Each employee must sign a document stating that he has the right to refuse to go to work on his legal day off.

Special categories

There are special categories of people who are granted additional days off. These categories include parents or guardians of disabled children, women working in agricultural areas, workers in the Far North, as well as people combining study and work.

What is it regulated by?

The issue of obtaining an additional free day is regulated by the labor legislation of the Russian Federation, and specifically Article 262. This document states that parents or guardians of disabled children can receive additional free days. At the same time, they are paid by the federal insurance service. Additional days off are provided for the above category of citizens to fulfill their parental responsibilities. The basis for their provision is considered to be a written statement from the employee.

Article 262 of the Labor Law states that those who have custody of a disabled child are given 4 additional free days per month. Not only parents, but also trustees or guardians can get an extraordinary day off. If there are several latter, then the weekends can be divided at their discretion. Women who work in the village are entitled to one extraordinary day off from work per month. We'll talk about how to pay for additional days off later.

How and when can I get extra days off?

Additional free days are not provided to the following categories of citizens:

1. Citizens on basic paid leave.
2. Citizens on additional leave.
3. Citizens on maternity leave.

If the additional day off coincides with the employee being on sick leave, it can be moved to another day in the same month. This can only be done under the following conditions: the employee must go to work and provide a certificate of incapacity for work in the current month. That is, if an employee did not use his additional day off, say, in March, this day off will not be transferred to April. The right to additional days off can begin to be used from the period when the child was assigned a disability group. This right ends upon reaching the age of majority or when the category of disability is removed.

Confirmation from the parent's place of work

If both parents or multiple guardians receive paid additional days off, you must confirm that one of them did not choose the allotted days. For this purpose, a certificate from the employer is provided. It can be taken from the place of work of the second guardian or parent. This type of benefit is monthly, which means that an application for additional days off will need to be written every month. But there are a few exceptions here, for example if the parent:

• single (with documentary evidence);
• is listed as missing, dead or has limited rights to the child;
• stays in places of deprivation or restriction of freedom;
• is on a long-term business trip for more than one month.

All of the above facts must be documented and attached to the application for additional days off. What else is worth considering? What does an additional day off for child care entail?

Required documents

In addition to a certificate stating that the other parent or guardian did not receive additional days off, you must provide the following set of documents:

1. A certificate confirming the child's disability.
2. Confirmation of registration of a disabled child at the place of residence.
3. Birth certificate, guardianship or adoption certificate, that is, any document confirming the right to exercise parental responsibilities.

These documents are provided one-time for the period specified in them. If the certificate is issued for a year, then it is valid once a year. The original documents are returned to the employee after review.

Payment for additional days off is made only for disabled children and is calculated based on the average salary for the past year. Women working in the village are not paid an additional day off.

The number of extraordinary days off does not depend on the number of disabled children in the care of one family. Below we will consider in more detail the issue of providing citizens with additional free days.

Additional days off to care for a disabled person

Among the nuances regarding the documents required when applying for an extraordinary holiday, it should be taken into account that in addition to the child’s disability certificate itself, you will also need to obtain a certificate from the local social protection authorities with information that the child is not being held in special custody. institution, that is, not under the care of the state. However, this rule does not apply to detention in five-day and six-day boarding schools.

If one of the parents is not officially employed or is providing himself with work independently (for example, in the case of an individual entrepreneur), then the second working parent submits a certificate stating that his spouse is unemployed or provides himself with work independently. Only if such paper is provided will the working parent be allocated and paid for the required 4 days off from work per month. If one of the spouses takes part of the weekend, then the other can take the remaining paid days off upon presentation of the certificate described above. If one of the parents is on vacation or maternity leave, then the second parent can use the right to provide additional free days.

Average earnings are calculated by dividing wages accrued for the billing period by the number of working days in this period based on the average working hours, in accordance with the legislation of the Russian Federation.

Days off for women workers in rural areas

As described above, rural workers are provided, upon written request, with 1 additional day off per month without pay. Moreover, an employee may demand an additional day off under the Labor Code without specifying a reason. Since a priori it is assumed that this day will be dedicated to family and children. According to the law “On urgent measures to improve the situation of women, families, protection of motherhood and childhood in rural areas,” an employer does not have the right to refuse an employee.

An order is issued on additional days off.

You can negotiate the procedure for granting an additional day off either by drawing up an application monthly or by determining the number of additional days required at the beginning of the year, half-year, quarter, etc. Denial of an employee’s legal right to have a day off from work may serve as a reason to contact the labor commission for further proceedings, including judicial proceedings. After all, such a refusal is an illegal infringement of the rights of employees.

Rules for workers of the Far North

According to Article 319 of the Labor Code of the Russian Federation, parents working in the Far North or in areas equivalent to it are given one extraordinary unpaid day off per month. This rule applies to those children whose age does not exceed sixteen years.

As in the case of rural workers, the employer does not have the right to refuse to receive one additional free day per month for the above-mentioned category of citizens. If an employee of the specified category has several children, the number of days does not increase. This will be only 1 day per month. As in the case of parents of children with disabilities, the day off is granted not only to parents, but also to legal representatives: trustees or guardians. The procedure for granting an extraordinary day off is exactly the same as in all previous cases, upon application by the employee and upon presentation of a certificate of non-use of the day off by the other parent.

Additional days off for those who combine work and study

Employees who combine university studies with work are entitled to additional days off according to the Labor Code. However, they are partially paid. An employee undergoing part-time or evening studies at accredited higher educational institutions, 10 months before leaving to defend his thesis, has a reduced work week by 7 hours or is offered one day off. In this case, 50% of average earnings are paid, but not less than the minimum wage. This category includes not only students of universities, but also students of state-accredited institutions where they can receive secondary vocational education.

Conditions for providing a day off from work or reducing working hours during the week:

1. If the education is acquired by the employee for the first time.
2. If a person is studying in several educational institutions at once, free time is provided for studying only in one educational institution of the employee’s choice.

The calculation, as in previous cases, is made by calculating average earnings. An additional day of rest is provided for working on a day off.

Characteristic features of receiving days off in certain industries

There are some sectors of the economy that have certain features in receiving days off and paying for them. For example, this applies to the civil aviation sector of the Russian Federation. For example, if a dispatcher was brought to work on a legally free day, he will certainly be offered another day to rest, since there is a legally regulated regime for the distribution of working time and rest for employees who manage air traffic.

Women working in the field of mechanical engineering and raising a child under the age of sixteen are given one extraordinary free day per month without pay. The same applies to women working in the field of transport construction.

The concept of time off under the labor code does not exist, but we are accustomed to using this word when talking about leave without pay or long days off on account of the next annual paid leave.

Listed below are all the grounds contained in the Labor Code of the Russian Federation, in the presence of which and upon written request from the employee, the employer is obliged to provide the employee with the required number of days of rest without maintaining the employee’s salary.

Here are examples of the most popular reasons for time off:

• time off for previously worked time
• time off at your own expense
• time off for donating blood
• time off for the wedding
• time off for a funeral
• day off for a day off

IMPORTANT!

If there is a right to leave without pay, the employee is not required to take this leave in its entirety. For example, a working age pensioner can take time off on Fridays for fourteen weeks in a row, and no one can deny him this right (theoretically, of course, it is possible, but this will be considered a violation of his labor rights, for which, by the way, you can get a fine of up to 50 thousand rubles).

Weddings and funerals

According to the labor code, the employer is obliged to provide the employee with time off for a wedding, time off for a funeral, and in the case of the birth of children, up to 5 calendar days ().

Paid time off

In general, time off is not paid, but if an employee donates blood, then he retains his average earnings for the days he donated blood and the days off provided in connection with this ().

If an employee worked on a weekend or holiday, then, at his request, he may be given another day of rest (). In this case, work on a day off is subject to payment in a single amount, and payment for time off for work on a day off is not subject to payment. In the timesheet, this day will be marked with the letter B or the digital code 26.

Many people immediately have a question - how does this even happen?

We answer, payment for a day off in a single amount means that an employee who works on a day off will receive his daily earnings for that day plus another equal daily salary on top. Wages (salary) in the month when the employee decides to take time off are not reduced. In this case, it does not matter at all when the employee decides to take time off, in the current month or in the future.

Registration of time off

In order for the employer to be able to provide an employee with additional days of rest, for example, to offset previously worked time on an entrance or holiday day, the employee must write an application addressed to the employer with approximately the following content:

Time off towards vacation

Sometimes employers provide time off to employees as part of their annual paid leave, but in doing so the employer must consider:

1. In accordance with the provisions of subparagraph c) paragraph 34 and subparagraph e) paragraph 39 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2, time off, which is essentially additional rest time, is not a vacation.
2. The provision of annual paid leave is regulated by law and is provided on the basis of a regulatory act approved by the employer itself, which is called a vacation schedule.

In this case, the minimum duration of annual paid leave cannot be less than 28 calendar days.

Therefore, on the one hand, if an employer decides to reduce the number of calendar days of rest assigned to an employee by law, he may be held administratively liable.

On the other hand, if the employer wants his employees to take time off only for their vacation, then it is necessary to organize changes to the vacation schedule each time. In addition, when granting vacation to an employee, he must accrue vacation pay at least three days before the vacation.

Many citizens are forced to work on weekends or holidays because the employer insists on this. For such activities, the head of the enterprise is obliged to provide employees with the opportunity to take additional time off or receive double pay. Most often, citizens prefer to take time off for work on weekends. Therefore, you should understand how they are correctly drawn up, what documents are issued by the employer, and also when exactly the hired specialist can rest.

Rules for compensation for overtime work

When drawing up an employment contract, all the rules of cooperation with a specific employee are stipulated. A special work schedule is formed for him, on the basis of which he is required to go to work. But often the employer insists that the employee work on his day off or on a holiday. For such extracurricular work, appropriate compensation should be offered, and the direct employee himself chooses the method:

• receiving double pay for time worked;
• registration of time off for work on weekends according to the Labor Code of the Russian Federation.

The direct procedure for involving a citizen in extracurricular work presupposes that the employee initially receives a written document with an offer to go to work on a day off. If a citizen signs this document, he confirms his consent to off-hour work. The head of the company issues an appropriate order, after which he is obliged to provide compensation to the employee.

What kind of compensation is chosen?

Based on Art. 153 of the Labor Code determines what amount should be paid to an employee who agrees to work on a day off. The minimum wage for such a day is equal to double earnings.

Often, a fixed amount of payment is established by a company’s collective agreement or even by internal regulations. At the request of the employee, instead of payment, he is provided with paid time off for working on a day off. For this, absolutely any convenient day is chosen when the citizen wants to fully relax. It is enough just to write a competent application in advance.

The nuances of getting time off

Many official employees of enterprises prefer to take time off for work on weekends. They give you the opportunity to fully relax on any convenient day. An additional day of rest is provided under the following conditions:

• the citizen previously worked on his day off or on a holiday;
• was on a business trip for a long time, so he had many days off during which he performed official duties;
• the work was carried out overtime;
• On a day off, a citizen donated blood.

Time off is not a type of vacation and is not considered a form of government support. It is provided to every citizen who has the right to rest, for which it is enough just to write an application for time off for previously worked time, which indicates exactly when the applicant plans to rest.

Design rules

If a person previously worked on a weekend or holiday, then he has the right to take time off at any time. Immediately upon signing the notice received from the employer, he can indicate on what day he plans to rest. Therefore, when issuing an order, the head of the company can specify when additional time for rest will be provided. There will be no need to issue another order in the future under such conditions.

Orders are drawn up in any form. If a document is generated on the basis of which an employee is sent on vacation for previously worked time, then the employee’s signature is placed on it.

How is it reflected on the report card?

Providing time off for work on weekends must be reflected in the company’s accounting sheet. When making an entry, provide the following information:

• it is stated that the employee was sent on vacation on the basis of a specific order, and his details must be given in the report card;
• if a standard report card in form T-12 or T-13 is used, then codes “NV” or “28” are entered;
• if the company uses special time sheets that it developed independently, then a code is created that means that the employee was sent on leave based on previously worked hours;
• It is allowed to use generally accepted codes;
• There are often situations when the employer does not issue an order to send a hired specialist on leave, so the time sheet indicates that the employee came to work at the appointed time, but the employer can be held liable for such actions, so this method is rarely used by firms.

It is advisable for the company to correctly register time off for work on weekends. If the report card contains information that the employee was at work on a specific day, and at the same time an accident occurs to him or he commits illegal actions, then the company may be held criminally liable.

Nuances for budget organizations

In budgetary organizations, the recording of employees’ working time is carried out using a special time sheet in the form 050421. This document does not provide for the presence of special marks indicating the employee’s time off. Therefore, each organization independently determines how time off for previously worked time will be reflected in the document. The Labor Code of the Russian Federation does not contain specific requirements for this process.

Most often, in budgetary institutions a special order is issued, on the basis of which special designations or codes are introduced.

Rules for scoring

The law does not contain exact deadlines during which an employee can apply to their manager to receive time off for working on weekends. Therefore, hired specialists independently make decisions regarding this issue. But at the same time, it is important that the citizen does not previously receive double pay for his overtime work.

You can use the right to time off in the same month when you worked on a weekend or holiday, and you can also apply to your employer for rest in subsequent periods. Typically, business managers require that the day off be issued before the end of the calendar year. Regardless of the employee’s choice, his salary is not reduced.

Specifics of using time off

Registration of time off for work on a weekend assumes that a full day is provided, regardless of how much time the citizen spent performing work duties on the weekend. Even if only two hours were worked that day, the employee can count on time off for 24 hours.

If an employee works on the basis of a fixed-term employment contract, the duration of which does not exceed two months, then he is not given time off, so only monetary compensation is paid for working on a day off.

Accounting rules in 1C

Many companies use the 1C program to record various information, so an accountant must know how time off is reflected correctly. Using this program, you can calculate the salary of each employee, determine the length of the working day and length of service, and also through it the salary for work on a day off is calculated in double amount.

When entering data into the program, the following rules are taken into account:

• it is stated whether the employee uses monetary compensation or additional time off;
• if time off is selected, the accumulation system stores the standard number of working hours actually worked by the specialist;
• data from the order and application is entered, which leads to the automatic debiting of the required number of hours from the reserve.

Time off is included in the employee's total length of service.

How is unused time off compensated upon dismissal?

If a person who has the right to time off for previously worked time has a need to leave the company, then he or she considers in advance the possibility of receiving various compensations. Usually he has unused vacation days. Based on Art. 127 of the Labor Code, he may demand compensation for such days in the form of a monetary payment.

But time off is not equivalent to vacation, so this rule does not apply to them. If you decide to quit, then it is advisable to take care in advance to take advantage of these days of rest. Paid time off for work on a weekend is not assigned upon dismissal, so these days simply disappear.

You can take advantage of these days of rest even if you are dismissed at the initiative of the employer or in case of layoffs. The head of the company must ensure that the employee has the opportunity to take time off before issuing a dismissal order.

Can an employer refuse?

The employer does not have the right to refuse to provide a day off for overtime work. By law, the head of the company must either pay compensation or offer a free day off. The choice of a specific option is made by a direct employee of the company.

The day of rest is chosen by the direct employee, so the employer cannot refuse. A citizen can change his decision, so instead of a day of rest, he can demand monetary compensation.

How much time off is provided for working on a weekend?

For working on a weekend or holiday, an employee can require only one day of rest, even in a situation if he copes with his work duties in an hour.

It is not uncommon for an employee to accumulate several days of compensatory leave, so he or she may require the employer to provide an appropriate number of days of rest. The head of the company cannot refuse such a request.

Rules for drawing up an application

To use time off, a citizen must write an application for time off for the time previously worked. The law does not have exact requirements for this process, so it is allowed to draw up a document in free form. But at the same time, the following information must be included in it:

• the name of the company where the applicant works is indicated;
• the full name and position of the citizen applying for time off is given;
• the name of the document submitted by the application is indicated;
• the reasons for taking time off are included, so it is indicated that the citizen previously worked overtime, therefore, based on legal requirements, he can count on an additional day of rest;
• links to relevant regulations are provided;
• the exact date when the citizen wishes to rest is indicated;
• the date of drawing up the application is indicated;
• the applicant's signature is affixed.

The document must be drawn up in advance so that the employee’s going on vacation is not a surprise to the employer. Therefore, it is advisable to notify the head of the company about the decision made several days before the actual day off. It is possible to write a statement immediately before the day of rest, but only if there are compelling reasons, since the employer may react negatively to such behavior of his employee. This is due to the fact that the director may simply not have time to find another specialist to work on that day.

If the application is not drawn up correctly, the employee’s absence from the workplace may be regarded as absenteeism, which is a serious violation of the company’s internal regulations. Therefore, disciplinary action may be applied to the employee, which includes a reprimand or even dismissal if there are systematic violations.

Conclusion

If an employee is required to work overtime on weekends or holidays, he can choose monetary compensation or time off. An additional day of rest is issued at any time, so the employer cannot create obstacles.

To go on vacation, you must fill out an application in advance. It contains information that the citizen previously worked overtime.