Time off is a benefit provided by the employer for the fact that the employee overworked the number of hours or exceeded the production plan. The manager has the right to give free days, but may not. If a person wants to take a day off for this item, then this must be approved by the management. An official statement must be written and must be signed by the director. Now the employee can freely go on an extraordinary day off.
Time off for previously worked time of the Labor Code of the Russian Federation
There are several aspects in which time off is granted for previously worked time:
- if a disaster or accident occurred at the enterprise, and its employees, to the detriment of their free time, helped eliminate the consequences of this disaster;
- employees whose responsibility was to come to work on holidays to fulfill the production plan;
- people who donated blood at the donor center receive a corresponding certificate according to which they are exempt from work that day and the next;
- employees working on shifts. If they have overworked the norm, then they need time off.
According to one of these points, the employee has every right to get a day off because he has already worked more hours than he should have. To do this, you must write an application.
How is time off paid for time previously worked?
In order to specifically resolve the issue of payment, the reasons for which the employee wants to take the day off must be clearly stated. However, all the subtleties are not enshrined in the Labor Code of the Russian Federation, so these issues are resolved personally with the employer. Or these aspects are specified in the organization’s charter and employment contract.
There is Art. 153 of the Labor Code of the Russian Federation, which clearly states that any work and every hour worked must be paid, which means time off is given legally if you write an application for its provision.
How to report time off for previously worked time?
A time sheet is a document that records the employee’s total work and rest time. This paper must be prepared, since staff accountants use it to calculate monthly wages. Working time and rest time may have different bases and calculation coefficients - all this is directly recorded in the timesheet.
There are conventions that you should familiarize yourself with:
- days off for hours worked were previously designated as “OB”;
- if these are days taken from vacation pay, then “FROM”;
- weekends at the expense of the DO employee himself.
This is how time off is calculated for previously worked time.
Validity of time off for previously worked time
Following the Labor Code of the Russian Federation, Part 3, the period for using overworked hours as a day off is not subject to limitation! Otherwise, a fine will be imposed on the employer. This situation may be considered an administrative violation. The minimum fine is from one to five thousand rubles.
How to write an application for time off?
To avoid misunderstandings regarding the payment of working hours, you need to correctly draw up an application for free days. It must clearly state the type of your application, the period of possible absence and the reason, if indicated correctly.
Application for time off on account of previously worked time - sample
This statement is used most often, so it needs to be drafted correctly. Let's look at a detailed example:
- At the top right is the full name of the company and its legal status;
- last name, first name, patronymic of the employee. Employee's position;
- in the center “Application”;
- request for a day off due to overworked hours on previous days;
- indicate the period of expected absence;
- number. Signature. Decoding.
Submit this document for signature to the director.
Memo for time off on account of previously worked time
A memo is drawn up in the same way as an application. It is less formal in nature and simply informs the manager of the subsequent absence of the employee. It looks like this:
- At the top right is the full name of the company and its legal status;
- last name, first name, patronymic of the manager;
- last name, first name, patronymic of the employee. Job title;
- in the center “Official Note”;
- warning of absence indicating the period;
- number. Signature. Decoding.
This document will inform the director and is not signed here. Naturally, this day will not be paid.
Sample order for time off for previously worked time
At enterprises, there are situations such as downtime. To prevent employees from simply sitting idle, the manager sends them on extraordinary days off by order. Sample provided:
- in the upper right corner the full name of the company and its legal status are written;
- last name, first name, patronymic of the manager;
- in the center “Order”;
- an order that employees of a certain department and the entire enterprise go on a day off;
- the period is indicated;
- the reason must be stated;
- number. Signature. Decoding.
Thus, you can get a free day, either by choice or by force.
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All working citizens are required to be at their workplace in accordance with the work schedule established by the organization. Regardless of whether a person has a normal schedule or not, he is obliged to take time off from his boss and lose money if he needs to deal with his personal affairs during working hours. However, there are situations when an employee overworks, that is, works overtime, then he can take time off for the time previously worked.
Despite the fact that the Labor Code does not imply such a thing as “time off,” this term is used everywhere. Today we will tell you how to take time off from previously worked hours without losing your salary.
There is a list of areas of activity that require employees to work overtime (stay after work or work on weekends), and in return receive free hours without loss of pay or additional money for the time worked. Such agreements are concluded during employment. But what to do if the work schedule did not previously include overtime, but circumstances have changed?
The Labor Code allows employees not to donate overtime to their boss, but to use it later as time off. Time off means compensation for previously worked time in the form of an unpaid additional day of rest (or part thereof). An employee has the right to ask the employer for time off on the basis that he worked outside the schedule, or worked on a holiday or day off. Accordingly, when a person chooses a day of rest, work on a weekend or non-working day is paid in a single amount, and the salary in the month when the day of rest is used is paid in full.
Also, time off can be taken into account as unpaid official leave, including overtime rest. In a situation where an employee has unused vacation due to the fact that the employer recalled him due to production needs, the overworked days can be taken later.
Labor Code: time off
Two chapters of the Labor Code – 152 and 153 – regulate issues related to overtime work. The Labor Code of the Russian Federation states that work beyond the schedule is compensated to an employee differently than a normal working day: for the first two hours, the salary is calculated at one and a half times the rate, and for the remaining time - at double rate. If overtime is compensated not by money, but by additional rest, then this is done in proportion to the hours worked.
At the same time, the employee decides independently how it is more convenient for him to receive compensation for overtime - with money or free time. The employer cannot insist on a specific type of compensation and is not given the right to decide in this matter. In turn, the employee must understand that there is only one type of compensation for overtime, that is, it is impossible to receive increased wages and time off at the same time. If a person wishes to take time off from previously worked hours, he must notify his superiors in writing in advance. Below we will look at how to correctly write an application for time off.
Please note that there are categories of workers whom the Labor Code prohibits from being involved in duties on weekends and holidays, as well as on night shifts and in the evening. These include:
- minors;
- pregnant women;
- employees raising children under five years of age alone;
- women with children under three years of age.
Accordingly, in a situation where an employee belongs to one of the listed categories and the boss informs him that he must go to work after hours, and then he will be given time off, the person has the right to refuse, referring to Article No. 113 of the Labor Code of the Russian Federation.
How is time off granted for previously worked time?
Since labor law does not contain such a term as “time off,” the timing of its provision is not officially defined. However, labor legislation states that compensation for overtime in the form of free paid time is provided in the same way as overtime. That is, when a person went to work on a holiday and worked according to schedule, later he should be given time off for the entire working day.
If an employee was sent to work or on a business trip on weekends or holidays, he is given time off of a similar amount of time, and overtime is paid at a single rate, or the hours worked are paid double. If a person was on a business trip during working hours, but his departure or return fell on holidays and weekends, he receives unpaid time off.
Also, Article No. 128 of the Labor Code of the Russian Federation states that time off without pay, provided for five days, is available to employees who get married, become parents of a child (it does not matter whether the firstborn or subsequent children were born) or a close relative has died. A person who knows in advance, for example, about a wedding, can individually agree with the employer that he will work overtime, but then will be able to take advantage of paid time off for family reasons. Let us note that labor legislation does not contain data on the impossibility of combining days off for previously worked time - this issue is decided directly by the employee and the employer.
Who is and is not granted time off?
Before demanding an additional day off in exchange for previously worked time, you need to understand what exactly is considered overtime or work on a day off. Who can apply for time off and under what circumstances?
1. Employees who went to work on weekends. (For a five-day work week, the official holidays are Saturday and Sunday.)
2. Employees performing official duties on holidays. (Holidays are considered to be those included in the official list at the state level. In this case, the day of the holiday that coincides with the next day off is transferred to the next day off).
3. Employees who worked on days established in a particular organization as days off. (For example, in 24-hour stores or enterprises. Usually employees work according to a schedule, taking turns on weekends. If an employee goes to work outside the schedule, not according to schedule, it is considered that he overworked).
Please note that employees who fulfill their work obligations according to a previously established schedule, even when work falls on a weekend or holiday, cannot claim time off. Accordingly, additional days of rest are not provided if:
- the employee went on shift according to the schedule of the enterprise, which operates continuously;
- the collective or labor agreement does not provide for time off for overtime.
At the same time, labor legislation states that an employee cannot be brought to disciplinary or other liability for refusing to perform work not provided for in the employment contract, especially overtime. Simply put, you cannot oblige a store clerk to do the work of a loader at night or on a weekend. A leader who demands this is acting unlawfully.
How is time off paid?
The third part of Article 153 of the Russian Labor Code states that an employee who worked on a holiday or day off is given another day of rest at his own request, or the work is paid in a single amount. The day allocated for time off is not paid.
Legislatively, the production rate is calculated excluding the time during which the employee did not fulfill his work obligations, and the monthly salary is calculated taking into account the day taken as time off. It does not matter when exactly the employee took it or only intends to do so. Article No. 153 of the Labor Code of the Russian Federation states that the amount of payments for work on a weekend or holiday is approved by the internal rules of the organization, a collective agreement or a local act. Let us recall that the Labor Code charges the employer with increased wages for overtime hours; accordingly, if a day off is paid at a single rate, the daily rate must be paid in addition to the salary fixed for the month.
Important point! Payment for a day worked outside of working hours at a single rate means: an employee receiving a salary is paid a single daily rate on top of it. The salary in the month when a day of rest is used is not reduced. Whether the employee takes a day of rest in the current month or in subsequent months does not matter.
It turns out that the Labor Code of the Russian Federation establishes minimum guarantees for wages on holidays or weekends, but through local or contractual regulation this payment can be increased.
We write an application for leave
When intending to take time off to account for previously worked time, an employee must notify his boss about this, and this must be done in advance. Even if there is a verbal agreement between the employee and the employer about a specific time that will be “time off,” your intention must be expressed in writing; this is necessary for both the personnel department and the accounting department. How to apply for time off?
As a rule, a statement of this kind is written in free form, but in compliance with formal rules. The paper must indicate:
- Personal information and position of the employee.
- The reason why time off is taken (for example, due to overtime).
- Dates of days that the employee plans to take off.
- Dates of the days when the processing occurred (indicating the time spent performing work duties).
The application also indicates the name of the manager to whom the paper is addressed. In order to fill out the paper correctly, you can contact the HR department, asking a specialist to provide a sample or dictate the established form. According to the rules, the application is written on an A4 sheet by hand, in the first person.
The position of the manager and the employee’s data are indicated in the upper right corner; below it is worth writing the name of the document, that is, “Application”. Then the main part is written asking for time off. For example: “I ask that you give me a day off on May 15, 2018 to account for the day worked on May 9, 2018 (from 8:00 to 18:00). Next, the document must be endorsed by the boss, and only after that the request is considered satisfied, and the employee can go on vacation.
An employee who wants to get time off next month may not indicate the exact date, but indicate his intention to receive compensation for overtime with rest. Please note that without a corresponding application for time off, the employee will automatically receive increased pay for overtime. The terms for using time off are not specified in the Labor Code; they can be used at any time. But, if overtime occurs regularly (for example, a person works several hours a day every weekend), then you can agree with management on an even distribution of rest days so that they do not accumulate and become a long period.
Time off for other reasons
Labor legislation highlights issues related to a person’s ability to get a day of well-deserved rest, but not at the expense of overtime. Let's consider for what reasons the Labor Code of the Russian Federation allows taking time off.
Table 1. Who has the right to apply for time off?
| Blood donors | Shift work | Working in emergency situations |
|---|---|---|
| Employees who are donors are entitled to paid time off if they provide a medical certificate. A day of rest can be given on the day following blood donation, as well as taken at any other time or added to the vacation. | Shift workers, just like other employees, have the right to receive time off for overtime. Payment and provision of rest days are carried out in the same way as for employees working on a fixed schedule. | Emergency services employees or other employees working in emergency situations, to eliminate natural disasters or accidents, have the right to receive time off for hours worked overtime. |
What to do if you quit without taking time off?
The moment when an employee quits, but has accumulated unused time off, is also regulated by the internal regulations of the organization. The Labor Code (Article No. 127) states that for untaken rest days, a one-time monetary compensation may be provided upon dismissal, or before dismissal, the employee is sent on paid leave according to the number of “compensation” days.
However, we recommend not accumulating time off, since not every boss is ready to pay money to an employee who intends to end his career in a given institution or company. It is better to alternate evenly between processing and rest days, if this happens regularly. This decision will not only allow you to protect your labor rights, but will also help you correctly distribute labor resources, have proper rest and participate in social life.
Summarizing
According to the Labor Code of Russia, at the first request of the employee who submitted the application, the employer is obliged to provide an extraordinary day of rest for overtime. If the employee does not submit an application within the month in which the overtime occurred, overtime by default must be paid twice, in accordance with Article 153 of the Labor Code of the Russian Federation.
Management cannot refuse an employee who requests time off for previously worked time, citing any reasons. However, it is better to reach mutual agreement on this issue in advance, during employment.
Video - Overtime pay
An application for time off is not unexpected for an experienced personnel officer, however, there are “subtle points” with the very concept of “time off” and its design that you should pay attention to. This is especially true for a personnel officer who has not yet encountered such a situation.
At any enterprise (public or private), there may be a business need to complete a production task after the end of the working day, on weekends or holidays. The Labor Code provides for compensation for previously worked time, which can be either a cash payment or a day off, which is called time off.
What is time off
The concept of “time off” remains from past times and is only in the lexicon, since there is no definition of it in legislative acts. Article 152 of the Labor Code of the Russian Federation, as amended in 2016, defines options for overtime work and compensation for it. In the text of the article itself, the concept of “time off” is also absent and appears only in the comments to the article.
The concept of overtime work includes work carried out outside working hours, that is, the time specified in the labor (collective labor) agreement as the time of the employee’s mandatory presence at the workplace. But that's not all. Additional work may also be performed on holidays and weekends, which are determined in the production calendar.
As a compensation measure for previously worked time, the employee may be given additional rest time, which is called time off. However, this measure is not the main method of compensation and an employee who wishes to receive time off as compensation must submit an application for time off to the employer in advance.
This is exactly how the provision of Article 152 of the Labor Code is interpreted. The personnel officer should be aware that the duration of the leave and its dates must be established by mutual agreement between the employer and employee. A simple agreement can be drawn up for this purpose.
However, in order not to come under inspection by the labor inspectorate, it should be borne in mind that lawyers recommend indicating in the agreement the time off, which would be approximately equal to the time worked, but will definitely not raise questions of one and a half or double the amount of time off in relation to the time previously worked. This point is consistent with the principle of monetary compensation for overtime work.
Attention!
Article 152 of the Labor Code clearly states that the first 2 hours of overtime work are paid at one and a half times the rate, and subsequent time at least double the rate.
Take note of this point and include a clause on payment of overtime work in the document that is accepted in your personnel records (collective agreement, employment contract or LNA). Specify the amount of payment no less than the mandatory payments and explain this point to the manager.
Compensation for overtime work
Higher rates of overtime pay determine the minimum guarantees for workers. However, the employer can legally increase rates and fix them in contracts or relevant LNA. In this case, the employer may not take into account the opinions of employees. The law allows the employer to make a sole decision.
Under conditions of increased pay, statistics show that the main type of compensation for previously performed work is cash payment. However, employees also have the right to time off. In this case, within two weeks the employee must write an application for time off for previously worked time and the personnel officer must draw up an agreement on the timing and duration.
Don’t forget workers with irregular working hours who were suddenly not given additional leave (read the commentary to Article 119 of the Labor Code).
Application for time off for previously worked time
The practice of many personnel department employees shows that often the registration of overtime work and subsequent time off (or 
monetary compensation) through oral agreements between the employer and employees. The corresponding orders and instructions are not issued before work, and the absence of employees from work due to the use of time off is not formalized in any way.
This practice is vicious and can cause problems for both parties:
- the possibility of receiving an industrial injury while performing overtime work for an employee may result in the absence of prospects for payment of compensation for the injury, and for the employer the possibility of opening a criminal case with the subsequent receipt of a term (depending on the severity of the injury);
- the opportunity to come under inspection by the labor inspectorate with the employer being held accountable for violating labor laws;
- the possibility of receiving penalties if single mothers, parents raising a child under three years old, or disabled people are found working outside of school hours.
The personnel officer must know that even the most “close” and seemingly reliable employee in a “narrow” situation will, without blinking an eye, sue the employer for violations of labor law, and the personnel officer is obliged to protect the employer from such problems.
Preparation and completion of overtime work
In connection with the above, the personnel officer is obliged to foresee possible nuances and step by step arrange everything as it should:
- prepare an order on overtime work specifying the date, place, volume of work and the names of the involved workers with the obligatory signatures of both the employer and the workers;
- prepare a briefing sheet at the workplace and issue an order to the responsible person to conduct this briefing with mandatory signatures from the instructor and those instructed;
- draw up an agreement with employees on the method of compensation for overtime work.
If employees decide to receive time off for previously worked time, then explain to them the rules for writing an application and remind them that applications must be written within two weeks.
Application for time off for previously worked time sample. It is drawn up in a standard way, indicating the position and surname of the manager who makes the decision. But in the text of the application, instead of the word time off, you should indicate “an additional day (or days) of rest for previously worked time.” This phrase meets the requirements of Article 152 of the Labor Code and will be correct.
Let us remind you that the application must receive a visa from the manager in whose name it was written. Only in this case does the employee have the right to legally not go to work on the specified day, but to take time off. Otherwise, absenteeism may result in legal dismissal.
Features of time off for previously worked time
Let us recall that Article 152 of the Labor Code clearly states that time off for previously worked time is provided only in the following cases: 
- work outside working hours;
- performing work on holidays or weekends;
- calling to work an employee who is on vacation.
If an employee needs time off, but does not have the above circumstances, then in order to receive it, he must submit a written application indicating other valid reasons. And in fact, this will no longer be a day off, but a short-term vacation, permission for which the manager can give based on his own understanding of the situation with each specific employee and his arguments in favor of the vacation.
The following are considered features of earned time off:
- it can be presented only after all the work specified in the order for overtime work has been completed. That is, if the work is completed, there is compensation; if the work is not completed, there is no compensation;
- an employee may request a cash payment as compensation for overtime work, but time off will also be legal and its duration is set by the employer based on obligations to employees, but not less than the time worked;
- The period for taking time off is two weeks. If the registration is not completed within this period, the employer may legally refuse time off. However, in this case it is worth thinking about the consequences in the form of a negative attitude of employees towards working overtime;
- do not forget that overtime work, and, accordingly, you cannot legally arrange time off for pregnant women, parents raising a child under 3 years old, minor workers, and disabled people for whom there are restrictions.
Solving possible problems
The personnel officer must understand that among the employees of the enterprise there are always either “fighters for the truth” or “quiet people” who can organize a confrontation if the employer refuses to satisfy the application for time off. This is especially true for unjustified refusal.
To defuse the situation, you should keep your finger on the pulse and discuss the situation with employees, explaining the management’s position (especially if the position is justified). However, you should understand the possible actions of workers:
- a preliminary discussion of the unresolved issue with time off with representatives of the administration must be understood correctly by the personnel officer;
- the next step for legally literate workers will be to submit written statements and this is a prerequisite for filing a complaint with supervisory authorities (labor inspectorate, prosecutor's office);
- the next step is going to court.
Important
Do not pay attention to the identity of those who act as applicants. Even if it's your loved ones– in a narrow situation, everything can happen, so “nothing personal”– you are at work and performing your functional duties. Failure to comply with them may result in fines for you personally, and possibly subsequent dismissal. Do you need it?
Until 2002, the Labor Code explained the concept of time off. Currently, it has disappeared from legislation, but remains in the colloquial speech of people. Employees of domestic organizations love to take time off, although not everyone can get them.
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What does the law say?
According to the Labor Code of the Russian Federation, there is a thesis “another day of rest”, as well as “additional rest time”. To paraphrase, we can say that time off is providing an employee with rest for early hours worked.
Normative base
The labor legislation of the Russian Federation strictly controls the fulfillment by employers of obligations regarding the provision of rest to employees of organizations.
Articles 152, 153, 186, 301 of the Labor Code of the Russian Federation explain in detail the cases of granting and paying for time off.
Possible options
The types of grounds for granting time off can be divided into several cases:
- for performing work duties during and during holidays;
- for total overtime during shift work;
- for active participation in the donor movement and free of charge;
Each option has its own terms of provision and payment.
To receive time off, the employee writes to the head of the company indicating the desired day for receiving an additional day of rest, which must be approved by the administration.
Example:
An example of an application for time off on account of vacation After agreeing on the application, the HR department issues an order to grant time off.
Sample order:
Example of an order to provide an additional day of rest After approval of the order, the employee’s leave of absence will have legal force.
Paid
For time off, monetary compensation is accrued based on the time actually worked. Payment occurs for an additional day of the donor.
There are a number of key points to consider:
- Time off must be agreed upon with the administration of the enterprise, otherwise absenteeism will be issued.
- An additional day of rest is taken for the time already worked.
- There is only one compensation option available: time off or payroll.
Receiving monetary compensation will not cause problems if the time off was documented.
Unpaid
Sometimes life situations arise when it is necessary to resolve personal issues during working hours, but there are no previously worked days off - then the employee can take a day of rest at his own expense.
Example:
Employee Samoilova T.V. works at Utro LLC as a secretary. Her working day lasts 8 hours. There are no overtime hours, and there was no work on weekends or holidays. Tatyana Vasilyevna needed to visit the administration of the housing department on the issue of recalculating the rent. The housing department's work schedule coincides with Samoilova's work hours. The employee took a day off to visit the housing department, registering one day without pay.
Features of payment for time off
For processing
Earlier it was explained in detail what time off is. And how it is paid also requires special attention.
According to the law, additional payment is made for overtime work:
- the first 2 hours – no less than 1.5 times the daily rate;
- further – no less than double the amount.
Payment for work on weekends and holidays is double.
The employee has the right to choose to receive time off or monetary compensation; in this case, the administration does not have the right to dictate its terms.
When providing time off, payment for the day of rest occurs in a single amount.
If there is a decision to receive compensation, then wages are calculated according to the standard scheme, in accordance with Article 152 of the Labor Code of the Russian Federation.
Example:
Working day of mechanic Pavlov S.G. ends at 17.00. To monitor the progress of the production process, the employee was forced to extend his working day by 4 hours. Mechanic's salary - 18 thousand rubles. Cash compensation for overtime work S.G. Pavlov received in the amount of 750.05 rubles.
| № | Indicator and calculation | Amount, rub. |
| 1 | Employee for 1 hour. time worker receives 18,000 rubles. / 168 hours = 107.15 rub. | 107,15 |
| 2 | For the first 2 hours of processing, the mechanic was credited 107.15 rubles. * 1.5 * 2 hours = 321.45 rub. | 321,45 |
| 3 | Over the next 2 hours, you will receive 107.15 rubles. * 2 * 2 hours = 428.60 rub. | 428,60 |
| 4 | Total Pavlova S.G. monetary compensation in the amount of 321.45 rubles is due. + 428.60 rub. = 750.05 rub. | 750,05 |
It is necessary to take into account that the time off provided has a duration of one working day, regardless of the actual processing time.
Example:
According to production needs, engineer Ivashchenko I.I. went to work on Sunday, December 6, 2019 from 9.00. until 13.00. The engineer was subsequently given a full day off on December 7th.
Upon dismissal
Upon dismissal, an employee has the right to count on monetary compensation for work on weekends and holidays.
If the time off option was initially selected, but the employee did not have time to take advantage of it, payroll is recalculated.
Example:
Employee Nikolaev P.P. worked due to production needs on November 14 and 15, 2019 (Saturday and Sunday). It was agreed with the administration that Pyotr Petrovich would take advantage of his days off on December 26 and 27, 2019. Due to family circumstances, Nikolaev was forced to resign on December 14.
The employee wrote a request to recalculate the accrued wages for November 14 and 15, taking into account the required legal norms. Based on the application signed by the director, Nikolaev was given monetary compensation for the time worked on weekends in double amount.
With a shift work schedule
The working hours of employees with a shift schedule are recorded in total for the reporting period.
And if, based on the total for the month, the employee’s amount of time worked exceeds the norm established by law, payment of monetary compensation for hours worked overtime is made.
Example:
Watchman Petrenko V.V. works according to schedule - every three days. An employee completes 8-9 work shifts per month. In hourly terms, 192-216 hours.
With a 40-hour work week, Petrenko V.V. working hours are processed in the amount of 24-48 hours.
At the request of the employee, he may be given time off and paid monetary compensation.
For previously worked time
By agreement with the administration of the enterprise, an employee, knowing that he will need time off in the future, can work the required number of hours “in advance” in advance.
Example:
Economist L.P. Fedotova was supposed to go to her sister’s wedding on November 25-27, 2019. By agreement with the administration, the employee went to work on November 7, 14, and 21.
Thus, Fedotova was able to take the days off she needed, having worked them earlier.
How to get compensation? Is an application required?
Monetary compensation is accrued “by default”, i.e. in the absence of an application for time off, the economic services of the enterprise calculate and accrue the amounts of additional payments for overtime worked.
Do you need an order from the employer?
The additional payment is made on the basis of regulations, so the order is not issued or approved.
Accounting when calculating vacation pay
At the request of the employee, time off can be added to the main one.
The calculation of additional payments in such cases is carried out according to the same scheme as the calculation of the entire vacation amount.
Often, situations arise at enterprises when an employee is forced to work on his day off, or stay after the end of his shift. By law, the employer provides compensation in connection with such overtime.
One of its types is time off. Although this concept is not specified in the Labor Code, it is understood as an additional day of vacation due for previously worked time. To receive it, you must correctly fill out all the documents, having previously agreed on the date of the day off with your manager. It is this question that will be discussed further.
The procedure for granting time off for previously worked time
The employee is entitled to time off for previously worked time according to the norms of the Labor Code of the Russian Federation at his request. The employer cannot provide it under compulsion; the initiative must come from the employee. Despite this, he needs to coordinate the time with the manager; the employee has no right to take a day off at any time.
The procedure for provision in this case is as follows:
- Writing an application;
- Registration of the application in the enterprise's accounting journal;
- Manager's resolution;
- Issuance of an order;
- Familiarization of the employee with the document.
The employer cannot provide rest for overworked hours before the employee overworks on a weekend or holiday. Consequently, its receipt is possible only after the fact of overtime.
Application for time off on account of previously worked time - sample
As mentioned above, in order to apply for time off on account of overtime, you need to write a statement giving grounds for this.
Its sample has the following structure:
- Header indicating the positions and full names of the parties;
- Title of the document;
- A request for an unscheduled day off or a day of vacation, beginning with the words “I request time off for previously worked time”;
- Indication of the date of the day off, the grounds for its provision and the procedure for calculating payment;
- Date and signature.
It is advisable to apply 1-2 weeks before the desired date, after which you can immediately write an application.
Sample order for granting time off for previously worked time
If you receive rest for exceeding working hours, you must
an order is issued that has legal force to provide such rest.
A sample order for time off for previously worked time has the following structure:
- Order number and date;
- Title of the document;
- Essence of the question;
- Bases;
- Date of its provision;
- Payment order;
- Date of writing and signature.
It should also be remembered that enterprise documents that contain information about working on weekends may contain information about the procedure for granting vacation days at other times. In this case, it is not necessary to issue an order.
How is time off paid for time previously worked?
Payment for time off depends on understanding its meaning. An unscheduled day off can be provided as rest without pay or as an additional day of rest for overtime or incomplete leave. Rest without pay is provided regardless of the availability of overtime. It is not subject to payment and can most often be obtained upon a valid, documented reason.
If an employee applies for a day of rest on account of previously worked time, then the day of rest is paid to him in accordance with the amount of payment for a regular day of work. If you refuse to rest, overtime must be paid in monetary terms corresponding to the double rate for work.
How to add time off for previously worked time on the timesheet?
The obligation of employers under the Labor Code is to keep time records , worked by the employee, or when he was on vacation, in the report card. This document is the basis for calculating wages, compiling statistics for the relevant authorities, and conducting audits by the tax service or labor inspectors.
Taking into account the type of working day or day off, certain notes are recorded on the time sheet:
- Time off for previously worked time is indicated as “OB”;
- Additional days credited to vacation are indicated as “OT”;
- Vacation days without pay are reflected as “BEFORE”.
Thus, if an employee, at the initiative of the employer, is at the workplace for more hours than the established norm, then he is entitled to a day off. Which requires agreement with the employer and execution of certain documents established by the Labor Code.
