We issue an order for granting time off sample

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Published: 05/26/2016

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Time off is the time that an employee was absent from work, if it has already been worked or is about to be worked. The Labor Code of the Russian Federation states (Article 153) that in exchange for a worked day off, an employee can receive rest on another day.

• Order structure
• Document functions

Also, “time off” refers to other days off: this can be a vacation at your own expense without pay, or one of the days of additional paid vacation. It is necessary to distinguish them.

Usually, when for some reason, for example, production needs, the employer asks employees to go to the workplace on their legal days off - holidays or calendar days off - he necessarily provides them with the opportunity to take advantage of the right to unrealized rest at a later time.

But an employee cannot simply not show up for working hours, knowing that he is legally entitled to time off . He must agree with management on the time of granting a day of rest by submitting an application to him. The manager reviews it and, if he agrees with the date, issues an order.

The application and order for time off for previously worked time must be written in the same month in which the day was worked. In this case, the accountant will not add to the salary the amount due for work on the given day (salary is calculated for the actual day worked in a single amount, the day off is not paid).

What is “time off” according to the law?

In modern labor legislation, the term “time off” does not exist.
In accordance with Part 3 of Art. 153 of the Labor Code of the Russian Federation, 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. Many workers traditionally call this day of rest “time off.” Please note that according to Article 113 of the Labor Code of the Russian Federation, work on weekends and holidays is prohibited except in cases provided for by the Labor Code. Involvement in work on weekends and non-working holidays is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

Sample order for time off

In most cases, when granting an employee time off, an order must be issued indicating not only a specific date, but also with reference to the basis on which the employee is entitled to additional time off (for example, for working on a day off or working overtime).

Considering that in most cases, time off is still granted officially, it first needs to be formalized correctly, since the employee is given a day off on a weekday, which for most employees is considered a working day and, therefore, the employee will be absent from the enterprise.

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Rest day or payment?

For work on weekends and non-working holidays, another day of rest can be provided only at the request of the employee (Article 153 of the Labor Code of the Russian Federation).

The employer cannot independently determine the type of compensation (payment in accordance with Article 153 of the Labor Code or a day of rest). Only the employee can decide this.

The legislation does not establish the form of expression of the employee’s will; he can inform the employer of his desire to use an additional day of rest instead of monetary compensation either in writing (in a statement) or orally.

Money or a day off

An employee’s application for another day of rest for working on a day off. Sample from an expert. An order to provide an employee with time off for working on a day off. Sample from an expert. An employee’s application to replace the time off with monetary compensation. Sample from an expert. An order for payment for work on a day off. The employee refused another day of rest. Sample from an expert

Read in the magazine Personnel Affairs

What does a company risk if it lets an employee go from work and does not provide time off?

Providing time off for working on weekends. An employee has the right to take another day of rest (time off) instead of increased pay for going to work on weekends or holidays. The employee must inform the employer of his desire to take advantage of the opportunity to get another day of rest at the time of formalizing his consent to work on a weekend or holiday.

If this does not happen, then when calculating wages for the current month in which off-hour work was carried out, the accounting department is obliged to ensure the accrual of additional payments. It should be taken into account that when formalizing his consent to work on a day off or on a holiday, the employee has the right not to indicate a specific date for his future additional day of rest. The date is included in the application that the employee will write to provide him with an additional day off for extracurricular work on weekends or holidays.

The employer does not have the right to refuse to provide an employee with time off, just as he does not have the right to provide time off instead of increased (double) pay if the employee did not submit a written application. Exceptions include cases of concluding an employment contract with an employee for a period of up to two months. In such situations, extracurricular work on weekends is compensated only by additional pay.

The employee submits an application for time off for working on a day off addressed to the director of the company, indicating to whom and from whom the document is being transferred. The content includes a request to provide another day of rest, indicates a specific date for another day of rest and the date of engagement to work on a day off. Finally, the employee puts the date of submission of the application and his signature.

Application by an employee for another day of rest for working on a day off

Based on the application, the employer issues an order for time off for working on a day off, which indicates:

• the name of the organization, it must correspond to the name of the legal entity, which is enshrined in the constituent documents (in the charter or in the regulations);
• under the name of the organization, in brackets, enter the abbreviated name of the organization, if such a name is provided for by the charter;
• place and date of drawing up the order;
• title to the text;
• the substantive part about providing another day of rest instead of increased pay.

Order to provide an employee with another day of rest for working on a day off (non-working holiday)

Paid time off for working on a weekend

Accountant Zaitseva's official monthly salary is set at 30,000 rubles. The employee works on a five-day schedule. She has Saturday and Sunday off. On August 2, the employee worked on her day off. On the 20th I received another day of rest based on the submitted application.

In August there were 21 working days, the accountant actually worked all days (21). Since the work on the day off (August 4) was carried out within one monthly working time standard, the employee for August is entitled to:

• full official salary (RUB 30,000);
• Single additional payment for time worked on a day off.

When you don’t need an order to work on a day off and who can be denied time off

State and municipal institutions use report card No. 0504421, approved by order of the Ministry of Finance of Russia dated March 30, 2015 No. 52n. There are no special designations for such a report card. In accordance with the recommendations, you can use code “A”, indicating failure to appear with the permission of the administration. All symbols of appearances and absences are given in the Methodological Recommendations, which were approved by Order of the Ministry of Finance of Russia dated March 30, 2015 No. 52n.

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An example of filling out a timesheet for a budgetary institution using form No. 0504421

The employer does not have the right to refuse to provide an employee with another day of rest, since the type of compensation is determined at the request of the employee. The exception is cases in which an employment contract is concluded with the employee for a period of up to two months. Such employees are entitled to monetary compensation for working overtime on days off.

How much time off for working on a day off is compensated upon dismissal? Upon dismissal, the employee must be compensated for all unused time off. The law does not provide specific instructions on whether to compensate for such days with money or to provide additional days of rest that the employee uses before dismissal.

The courts take opposing positions. Some believe that it is necessary to pay the employee monetary compensation, others have a different opinion, believing that the employee has the right to take additional days of rest before terminating the employment relationship. Therefore, the employer must listen to the wishes of the employee and provide him with the type of compensation that he wishes to use.

In accordance with the Labor Code of the Russian Federation, for work on a weekend or holiday, an employee has the right to receive another day of rest or double pay. The desire to receive time off for working on a day off must be recorded at the time of registration of consent to work on a day off or on a holiday. After receiving the application from the employee, the employer issues an order and introduces it to the employee against signature. Days off are not paid.

The concept of time off according to the Labor Code of the Russian Federation does not exist, but we are accustomed to using this word when we are talking about leave without pay or additional days off on account of the next annual paid leave. But if an employee does not take advantage of the right to rest in a timely manner, does he have the right to demand compensation for unused time off upon dismissal?

The Samara Regional Court had to resolve this issue. The claim was filed by an employee who had accumulated 41 days of compensatory leave for previously worked hours. He did not receive double pay from his employer, but took additional days off. And for the days that I did not use, I planned to receive compensation upon dismissal. And it should be calculated according to the same principle as payments for unused vacation days.

But the judges disagreed. The Appeal Determination No. 33-7034/2019 dated June 11, 2019 states that the Labor Code of the Russian Federation does not contain a rule requiring payment of compensation for unused time off. It is not clear what time off is under the Labor Code, but it cannot be equated to vacation, which is what the employer did by refusing to pay compensation.

Here are examples of the most popular grounds:

• for previously worked time;
• at your own expense;
• for donating blood;
• for a wedding;
• to the funeral.

IMPORTANT! If there is a right to leave without pay, the employee is not required to take it in full. A working age pensioner is allowed to rest on Fridays for 14 weeks in a row, and this right cannot be denied to him (theoretically, of course, it is possible, but this is recognized as a violation of labor rights and will be fined up to 50,000 rubles).

Weddings and funerals

According to the Labor Code, the employer is obliged to provide the employee with time off with pay for a wedding, funeral, and in the event of the birth of children up to 5 calendar days (Article 128 of the Labor Code of the Russian Federation).

Such days are not paid. But if the employee donated blood, then he retains the average earnings for the days of blood donation and the days off provided in connection with this (Article 186 of the Labor Code of the Russian Federation).

In the working time sheet, these days are marked with the letter code OB or the digital code 27.

If an employee worked on a weekend or holiday, then, at his request, he is provided with another day of rest (Article 153 of the Labor Code of the Russian Federation). In this case, work on days off is subject to single pay, and time off for work on days off is not subject to pay. In the timesheet, this day is marked with the letter B or the digital code 26.

Why is that? We answer: paying a single day off means that an employee who works on a day off will receive a day’s earnings plus another equal daily salary on top. Wages (salary) in the month when the employee decides to take time off are not reduced. And it doesn’t matter when the employee takes it: in the current month or in the future.

1. In accordance with the provisions of subparagraph “c” of paragraph 34 and subparagraph “d” of paragraph 39 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2, time off, which, in fact, is 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 - the vacation schedule. The minimum duration of annual paid leave is not less than 28 calendar days.

Order to recall from vacation

It is necessary to call an employee to the workplace in compliance with the established procedure - the procedure should be formalized by order of the head of the enterprise on the basis of a memo, with the obligatory justification of the reasons and circumstances in connection with which the employee must begin work duties before the end of the vacation.

The possibility of publishing an order to recall an employee from vacation, subject to his consent, is stipulated by the labor legislative framework of the Russian Federation (Article 125 of the Labor Code). The regulatory act does not indicate obtaining written consent from the employee to return to work before the end of the vacation, but, in order to avoid misunderstandings, it makes sense for the employer to formalize the agreement in writing.

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How to issue an order for time off for pre-worked time

Time off is the time that an employee was absent from work, if it has already been worked or is about to be worked. The Labor Code of the Russian Federation states (Article 153) that in exchange for a worked day off, an employee can receive rest on another day.

The application and order for time off for previously worked time must be written in the same month in which the day was worked. In this case, the accountant will not add to the salary the amount due for work on the given day (salary is calculated for the actual day worked in a single amount, the day off is not paid).