Unused time off for weekend work. Compensation for dismissal of one's own free will. Do compensatory leave burn out upon dismissal of one's own free will?

Despite the fact that the days off are not named in the list of types of rest time in
Art. 107 of the Labor Code of the Russian Federation, they are nevertheless a separate type of time
rest provided to employees as compensation for work in
under certain conditions or for the performance of certain actions, in
in particular:
1) for overtime work (part 1 of article 152 of the Labor Code of the Russian Federation);
2) for work on a weekend or non-working holiday (part 3 of article 153 of the Labor Code of the Russian Federation);
3) for the donation of blood and its components (parts 2 - 4 of article 186 of the Labor Code of the Russian Federation).
The mechanisms for using these days of rest are not spelled out in the Labor Code of the Russian Federation.
The exception is the case specified in Part 1 of Art. 186 of the Code, when
the employer must release the employee from work on the day of blood donation and
its components, as well as on the day of the associated medical
examinations.
In all other cases, the employee and the employer independently resolve this issue by agreement between themselves.
I don't see any crime in any of the options.
And since the mechanisms for using these days of rest in the Labor Code of the Russian Federation are not
are spelled out, then the bureaucrat sitting on the other side of the table will be right.
Here is an example implementation of n 1. Squiggles.
On July 5, 2006, an employee of the organization wrote a letter of resignation for
voluntarily from the date of submission of the application. Moreover,
The employee submitted a request for recalculation
wages for May in terms of payment for worked in force
production necessity and with the consent of the employee 4 hours during non-working
holiday May 1 (Article 112 of the Labor Code of the Russian Federation), in connection with which, earlier
the employee's application should have been given another day
rest (day off) July 7, 2006 Should the organization
recalculation of wages for May and how to reflect in the accounting of the organization
final settlement with the employee? Employee salary
is 10,500 rubles. The next vacation is used by the employee;
wages for June 2006 have been paid.
In accordance with par. 1, 2 art. 80 of the Labor Code of the Russian Federation, the employee has
the right to terminate the employment contract by notifying the employer in
writing in two weeks. By agreement between the worker and
the employer may terminate the employment contract even before the expiration of
termination notice period. Moreover, on the day of dismissal of the employee
the organization must make a final settlement with him (Article 140 of the Labor Code
RF).
In this case, the organization must pay the employee wages
for the time actually worked in July 2006. Because according to Art.
77 of the Labor Code of the Russian Federation, the day of dismissal of an employee is the last day of his work,
then the organization must make payment within 3 working days. Salary
the fee for July is 1500 rubles. (10,500 rubles / 21 days x 3 days, where 21
days - number of working days for a 5-day working week in July 2006
G.).
At the same time, the employee was involved in work on a non-working holiday 1
May (Celebration of Spring and Labor (Article 112 of the Labor Code of the Russian Federation))<*>. Optional
the organization should have given the employee another day of rest - 7
July, as a result of which, in accordance with Art. 153 Labor Code of the Russian Federation 4 hours worked 1
May, were paid not in double, but in a single amount. In this case
termination of the employment contract occurs before the use of this day
rest by the employee, in connection with which the employee requested
to recalculate wages for May in terms of payment for
4 hours worked by him on a non-working holiday.
The Labor Code of the Russian Federation does not contain rules on the procedure for settlements with an employee if
date of termination of the employment contract, the employee has
rest days unused by this employer that are not subject to
payment. We believe that since the Labor Code of the Russian Federation does not contain the corresponding
prohibition, then a new statement of the employee can be considered a change (cancellation)
agreements on the replacement of increased pay for a holiday worked
another day of rest<**>. Based on this statement
the organization pays additional wages to the employee for May.
<**>Ensuring the right of every employee to rest, including
provision of days off and non-working holidays, as well as
Ensuring the right to timely and full payment of wages
wages are one of the principles of legal regulation of labor
relations (paragraphs 5, 7, article 2 of the Labor Code of the Russian Federation). These principles are guaranteed
in particular, the obligation of the employer to compensate for the involvement
employee to work on the day of rest or double wages for
time worked on a non-working day, or a one-time payment for
hours worked and the provision of another day of rest (by agreement
between employer and employee). In this case, another day of rest is not
provided through no fault of the employing organization, but, in our opinion,
the organization has no right to refuse the employee in his request, because
Failure to provide compensation in one form or another violates the principles
legal regulation of labor relations.

Answer to the question:

In this case, it is advisable to issue an order in any form on the payment of appropriate compensation to the employee upon dismissal.

For work on a day off, an employee has the right to apply for double payment or payment in a single amount with the provision of another day of rest. Failure to provide compensation in the form of an additional payment or another day of rest is a violation of the employee's labor rights and may entail for the organization and its officials. Such a conclusion can be drawn from the provisions of the Labor Code of the Russian Federation.

Read about time off worker more at the link.

Thus, if an employee expressed a desire to use additional days of rest for work on weekends, and subsequently did not use them, then upon dismissal, the employer in the amount of a single daily rate for each unused day of rest.

There is a requirement of the legislation, according to which each fact of economic life is subject to registration by the primary accounting document. At the same time, the fact of economic life is a transaction, event, operation that has or is able to have an impact on the financial position of an economic entity, the financial result of its activities and (or) cash flow. Such rules are established by Articles 2 and 9 of the Law of December 06, 2011 N 402-FZ.

Article about taking time off will help you avoid mistakes in your work.

Considering that the payment of compensation for unused additional days off due to the employee for work on weekends will affect the cash flow in the organization, such a payment should be drawn up with a primary accounting document, that is, an order. Formally, it can be regarded that such a document will be a dismissal order and there is no need to draw up other documents. However, in order to minimize the risk of possible claims from regulatory authorities, it is advisable to issue an order in any form on the payment of appropriate compensation to the employee upon dismissal (see the appendix to the answer below).

Details in the materials of the System Personnel:

ORDER No. 102-k

Read about employee termination notice More information in the article at the link.

on payment of compensation for unused additional days off for work on a day off

Moscow03.12.2012

In connection with the dismissal of the manager A.S. Kondratiev(order from 03.12.2012 № 64-K) taking into account, relying on the manager A.S. Kondratiev additional days off for work on a day off (order from 02.09.2012 № 49-K)

I ORDER:

Chief accountant A.S. Glebovoy calculate and pay Alexander Sergeevich Kondratiev compensation for unused additional days off for working on a day off due to the manager A.S. Kondratiev by order from 02.09.2012 № 49-K.

Director _________________ A.V. Lviv

Acquainted with the order:

Chief Accountant __________________ A.S. Glebova
03.12.2012

With respect and wishes for comfortable work, Igor Ivannikov,

Expert Systems Personnel

______________________________________________________________________

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

Normative base

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

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

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

If, for some personal reasons, a person needs free time during the working week, then this is also called time off. In such a situation, the employee may not have the legal right to an extra day, but there are still options to get a day off on weekdays:

• You can ask for a few days to offset the duration of the next main or additional vacation, chapter 19 of the Labor Code;
• If the paid days in the worked period have already ended, then the employer may agree to provide days without pay, Art. 128 TK .

And if the way to arrange a free day is not particularly of concern to an ordinary employee, then the issue of paying time off for work on weekends and holidays can become truly relevant.

Mandatory right to non-category leave

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

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

Paid and unpaid leave

For those who intend to ask for an extra day from their employer, it should be clearly understood that the question of whether time off is paid is not entirely correct. There are several options for approaching financial security:

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

For those who ask to give him a day from rest periods from chapter 19 of the Labor Code, you need to remember that you can not “pinch off” from any vacation. If the provision of a time off from work is timed to coincide with a specific event, then taking a piece at an arbitrary time will not work. For example, it is simply impossible to ask for a day from student leave in advance, because the right to it appears only after receiving a call and an examination certificate on academic performance (Chapter 26 of the Labor Code). From there, information is extracted about the period, duration and method of payment for this time.

The employer is obliged to provide time off on the day specified by the employee only if the employee was previously involved in overtime work. If workers who do not belong to the privileged category under Art. 128, the employer has every right to refuse their request.

Types of days off

The legislation does not in any way regulate the permissible number of involvement in work outside of working hours within the framework of the activities of one enterprise. In fact, such orders can be issued at least daily, as long as there are real reasons for this and the consent of employees. It is also necessary to discuss with them the issue of compensation for such hours. The choice is small: increased pay or an additional free day.

For the employer himself, who is constantly experiencing a shortage of staff, it is more profitable to choose the “two evils” that can be solved with money. This simplifies accounting and does not lead to interruptions in the work of the company. But even if the employer is ready to spend, he still will not be able to do this indefinitely, since in a calendar year an employee can only work 120 hours more than the annual time norm provides, Art. 99 TK.

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

Processing on weekdays or turnout on weekends

No reason to stay at work after the end of the working day or the end of the shift can detain an employee for more than 4 hours a day and more than twice in a row. Accordingly, this time can be paid according to the rules of articles 152 and 153 of the Labor Code, depending on the day of the week (in one and a half or two times).

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

First of all, you need to look at the overtime order. If it involves a one-time extension of the shift, but without exceeding the monthly norm of hours, then you just need to correctly reflect the distribution of working time in the form of hours accounting (T-12 or T-13). Then the day off will not be payable, like Saturday and Sunday with a five-day work week. In fact, it turns out that the day of rest will simply be postponed, and the time of work will be paid at a single rate.

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

Payment for work on holidays

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

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

Of course, it is not always possible to choose the right payment from the authorities. Then you can use the information given above - i.e. use processing as an extra day off. The application for payment of time off for work on a day off is written simply - we change the word "day off" to "holiday", and that's it.

Overtime pay

The problems described in the previous paragraph may arise for management, even if no one is going to pay. It is quite likely that the employee abruptly changed his mind and applied for the replacement of days of rest with money.

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

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

Compensation for time off upon dismissal

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

In this situation, compensation for vacation and time off will be calculated differently. The first payment is based on average earnings (Article 139 of the Labor Code), and the second is in proportion to the salary, in a single amount. If the dismissal did not occur in the month of overtime work, then a conflict may arise in determining the method for calculating the hourly wage rate. Depending on which period (monthly, quarterly or annual) is taken as the basis for the calculation, the amount of accruals can vary greatly.

Least of all disputes arise from those employers who have fixed the chosen method of calculation in the collective agreement. For those who have not foreseen such a situation, it is better to apply the scheme using the annual norm of working hours, since this will allow you to calculate the most objective indicator of the tariff rate.

But there is also the most win-win option that allows you to get around sharp corners. You can agree with the employee on the transfer of time off for the period of working off before dismissal. Then the employee will receive earned rest, and the employer will not pay "double".

Application preparation

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

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

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

Payroll or vacation pay

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

The principle of calculation is quite simple: the salary or output for the selected calculation period is divided by the norm of days or hours (for the current month, quarter or year) and multiplied by the amount of time worked (days or hours). If a person asked for a day off in order to reduce the duration of a future vacation, then we will talk about average earnings. You can calculate it, guided by the provisions of Article 139 of the Labor Code. The accounting department adds up the total income for 12 months and divides it first by 12 and then by 29.3. It is this amount, withholding 13% of personal income tax, that will be given to the employee for each day missed on account of paid vacation.

Effect of time off on seniority

According to some agencies, time off received as overtime compensation is not included in the calculation of hours worked. This is correct, because in the worksheet they are reflected on the day of actual work with the code OB or 27 (day off, holiday or overtime).

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

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

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

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

12.03.2018

The day of additional rest of the employee is called. The employee receives it when he performs overtime work, comes on a non-working day, etc. According to the law, you can choose not a day off, but an increased pay.

When the contract between the employee and the company comes to an end, disputes often arise about unused time off, since there is no such concept in the Labor Code of the Russian Federation. This begs the question: is it possible to get money for unused vacation?

What to do if there are unused holidays?

Russian legislation provides for compensation for overtime work.

Key points regarding this issue:

• Article 152 of the Labor Code of the Russian Federation - the employee himself chooses what type of compensation he will receive: money or time off that will not be paid.
• Art. 153 of the Labor Code of the Russian Federation - work on official non-working days or weekends must be paid at a double rate. Otherwise, the employer is obliged to provide paid rest.
• Art. 301 of the Labor Code of the Russian Federation - overtime work on a rotational basis is paid for each day. The amount of payments is determined by the average daily salary.
• Art. 186 of the Labor Code of the Russian Federation - a blood donor receives two paid days of rest, starting from the day of blood donation.

Often there are cases when compensation has not been made, time off is not provided, and the employee is planning to leave. A fair question arises as to what to do with time off, how they will be compensated.

There can be no misunderstanding if processings are officially registered. In this case, the authorities are obliged to provide days off until the termination of the employment contract or make payment upon dismissal.

If the agreements were oral, then it all depends on the personal qualities of the leader, as well as on his relationship with the employee.

Is there compensation?

If an employee decided to take days off as compensation, but did not use them, then upon dismissal, the head is obliged to pay compensation for unspent holidays. Each rest day is multiplied by the worker's daily single rate.

The legislation requires that all facts of economic life be documented.

Facts mean transactions, operations and any other events that can affect the cash flow of an economic entity.

From this it turns out that the day off must be issued by an accounting document (order).

This is due to the fact that compensation for absenteeism affects the financial result of the organization, that is, it falls under the law.

How to make compensation for unused days off? The following documents are used in this procedure:

1. Employee statement.
2. Employer's order.
3. Certificate from the accounting department with the calculation of the amount of compensation.

How are you paid for voluntary leave?

The possibility of paying for unused days off upon dismissal will be affected by:

• the choice of an employee - the use of time off or payment according to the rate.
• the reason for the extra rest.
• the presence in the company of accounting for processing.

Is it obligatory for the employer to pay for unused time off by the employee upon termination of the employment relationship at his own request? Unfortunately, this particular the issue is not regulated by the legislation of the Russian Federation.

But there is an important detail here: in comparison with layoffs or other grounds, when the dismissal occurs at the initiative of the boss, when terminating the employment contract at his own request, the employee has the opportunity and time to think everything over in order to take the right decision and measures.

It is recommended that you discuss this issue with your superiors., personnel workers in order to understand what is the best thing to do in order not to lose their days off: take time off before dismissal or, nevertheless, compensation will be paid for them upon termination of the employment contract.

Payment Calculation Examples

Every officially documented day off if not used, must be paid in the appropriate size.

According to it, two hours of work over the norm are paid at one and a half rate, and all subsequent hours - at double.

If the employee was called to work on official holidays, then the time can be safely doubled.

Based on this, for each day it is necessary to make an individual calculation of payment of compensation upon dismissal. Let's look at a few examples.

When processing

Example conditions:

In October 2018, in total, the employee worked 8 hours in excess of the norm:

• 4 o'clock October 9,
• 3 o'clock October 19,
• 1 o'clock October 30th.

On the seventh of December, he quits of his own free will, without using time off. On average, an employee receives 150 rubles per hour.

Payment calculation:

• October 9: 150 rubles * 2 hours * 1.5 + 150 rubles * 2 hours * 2 = 1050 rubles.
• October 19: 150 rubles * 2 hours * 1.5 + 150 rubles * 1 hour * 2 = 750 rubles.
• October 30: 150 rubles * 1 hour * 1.5 = 225 rubles.

The amount that the employer must pay upon dismissal for unused time off is 2025 rubles.

Note: during processing, the first two hours of extracurricular work are paid at a rate of one and a half, and the subsequent hours at a double rate.

When working on a day off

Example conditions:

On October 25, 2018, the employee had to go to work on a day off after working 7 hours.

On December 7, he formalizes the dismissal of his own free will, without using the day off, a one-time payment was received for work on the day off.

Consider the situation with an average hourly salary of 160 rubles:

Payment:

Note: since work on a day off has already been paid in a single amount, the December compensation upon dismissal will occur at a single rate based on the hours actually worked. If we add the first and second payments, we get that in fact the employee received double payment.

A similar procedure applies when entering the workplace.

Compensation must be paid on the same day the employee leaves. along with salary and other benefits.

conclusions

Since the beginning of 2012 the concept of "time off" ceased to exist in Russian law. Today it is considered obsolete and absent from labor law. Despite this, today an extra day off is called a day off out of habit.

In Russian federation there is no clear legal basis to regulate monetary compensation for unspent holidays. This effectively gives each manager a personal choice: to do the right thing by making all the necessary payments to the departing employee, or to refuse, preparing for a possible meeting in court.

The employee, on the other hand, turns out to be dependent on the employer: to accept his offer to simply “rest” the prescribed time off, or to start a long legal battle, paying a lot of fees, spending a lot of nerves and effort, when it is not known who will be right and who is wrong.

The best and legal way to resolve the issue is to take a day off instead of the court, if the leader does not meet halfway. Statistically, the amount that is expected to be received for the day off does not correspond to going to court for it.