Application for time off for previously worked time

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.

Time off for previously worked time

Labor Code on time off

The main aspects related to the relationship between employee and employer are enshrined in the employment agreement. It specifies the work and rest schedule, the principle of wage formation, and the responsibility of the parties for violating the provisions of the contract. In rare cases, the document contains information about granting time off; therefore, for clarification, it is worth contacting the legislation directly.

A number of categories of citizens have the right to receive an additional day off, as well as all others in the presence of significant circumstances. To ensure that absence from work is not classified as a violation of discipline, it is necessary to notify management in advance and obtain permission. Let's consider the grounds for granting time off according to Russian legislation:

• against previously spent time;
• donation;
• as part of a vacation;
• time off at your own expense.

In modern legislation there is no term “time off”, but it is used in informal communication. In the company's regulatory documents, failure to appear is recorded as a day off or vacation, depending on the basis for the provision. According to the Labor Code of the Russian Federation, time off for previously worked time is an additional day of rest that compensates for overtime.

What the law says

Time off for previously worked time is provided to the employee based on his application. If the authorities approve it, an order is issued. Issues related to overtime hours are taken into account in paragraphs 152-153 of the current Labor Code.

There are rules according to which an employee is paid for additional work. But they are also established in accordance with the instructions of Article 152 of the Labor Code of the Russian Federation.

1. For the first two hours, overtime pay increases 1.5 times, and for the rest of the time worked, the payment is doubled.
2. The amount of monetary compensation can be negotiated based on the provisions of the contract. The nuances and conditions for calculating compensation can be taken into account in the employment agreement.
3. Additional rest days are measured according to hours worked.

Each employee chooses the type of compensation himself. This right is granted on the basis of the instructions of the Labor Code, so the employer does not have the opportunity to determine this independently.

Important: when a task needs to be completed, the employer negotiates with the employee the type of compensation. There is only one type of compensation for overtime hours.

There are also restrictions on performing production tasks - for example, you cannot be involved in them on holidays and weekends:

• workers under 18 years of age;
• pregnant women and with children under three years of age.

These rules are indicated in the Labor Code, in articles 113, 268.

Reasons for receiving

The process of applying for required time off involves first of all establishing the grounds for this. The most common reasons for receiving an additional day of rest are the following situations:

• the employee performs labor functions in good faith and in excess of established duties;
• overtime recorded in the report card;
• work on weekends and holidays;
• funeral of a close relative, serious illness;
• employee participation in the donor program;
• the need for rest due to overload at work, including emotional;
• undergoing a medical examination;
• obtaining education in parallel with work;
• business trip affecting legal rest days;
• urgent need caused by events such as a wedding, the birth of a child, a summons to a court hearing and other circumstances.

Despite the protection of the legislator, in most cases an employee has to rely only on the employer and his loyalty. In addition, a particular enterprise may have local regulations regulating the issue of receiving time off.

Speaking about specific provisions of the Labor Code of the Russian Federation, we can define several categories of persons who receive time off, regardless of whether the manager agrees to it or not. For example, in accordance with Article 128 of this law, WWII veterans can receive 35 days of compensatory leave per year.

Mandatory time off

The application of the procedure for granting an employee time off requires an assessment of the circumstances giving the right to this. To simplify the procedure, the Labor Code of the Russian Federation provides the following provisions:

1. Article 128 of the Labor Code of the Russian Federation. Provides time off for pensioners (14 days per year), parents and spouses of military personnel who died as a result of their duties, disabled people (60 days per year), participants in the Great Patriotic War (35 days per year), also the basis may be a wedding, funeral and childbirth (up to 5 days per year).
2. Article 173-173.1, 174 of the Labor Code of the Russian Federation. The right to time off has been established for university and college students for a period of 10 days to 4 months. Provided if necessary to pass entrance exams, intermediate and final certification, or defend dissertations.
3. Article 262 of the Labor Code of the Russian Federation. An additional day off is provided for women working in rural areas (1 day per month).
4. Article 263 of the Labor Code of the Russian Federation. Establishes the right of parents raising two or more children under 14 years of age, or a disabled child under the age of eighteen, as well as single mothers and fathers with a child under 14 years of age. Number of days off – 14 per year.
5. Article 286 of the Labor Code of the Russian Federation. There is a procedure for providing additional days of rest to an external part-time worker if the vacation at the main job is longer. The number of days is determined taking into account the vacation period.
6. Article 319 of the Labor Code of the Russian Federation. Establishes one day off per month for persons who work in the Far North and are raising a minor child (under 16 years old).

The above cases do not imply refusal on the part of management. In other situations allowing time off, the employer's consent will be required.

When can you use time off?

To confirm the employee’s desire (in case of a dispute), it is better to ask the employee to state his desire in writing.

The terms and procedure for granting time off for working on a weekend are not defined in the Labor Code.

Do I need to count hours off for time off?

When using the wording “day of rest” in the Labor Code, from the point of view of the Federal Service for Labor and Employment, the legislator meant precisely the “day” of rest.

Therefore, regardless of the number of hours worked on a day off, the employee is given a full day of rest (letter of the Federal Service for Labor and Employment dated March 17, 2010 N 731-6-1).

Please note that an employee going on a business trip on a day off, according to the Supreme Court of the Russian Federation, should be considered as work on a day off (decision of the Supreme Court of the Russian Federation dated June 20, 2002 N GKPI2002-663). A similar approach should be applied to the situation when an employee returns from a business trip on his day off.

The time worked by each employee is recorded using forms N T-12 or N T-13. When filling out Form N T-13, the day of rest provided for work on a weekend or non-working holiday is reflected as follows: in the upper lines of column 4 opposite the employee’s last name, enter the alphabetic (НВ) or numeric (28) code, and leave the bottom line blank .

Registration of the provision of a day of rest is directly related to registration of employment on weekends and non-working holidays.

Before formalizing the provision of a day of rest, it is necessary to make sure that the involvement in work on a day off (non-working holiday) was carried out with the consent of the employee by order of the employer indicating the compensation chosen by the employee.

If you were hired to work on a day off (non-working holiday) in accordance with the law, you can begin to formalize the provision of a day of rest.

The procedure for providing a day of rest for worked weekends (non-working holidays) may be as follows:

• Receive an employee’s application for a day of rest indicating the date of the day of rest.
• Issue an order to provide a day of rest.
• Familiarize the employee with the order against signature.
• Take into account the day of rest in the time sheet.

Rules for granting time off

Typically the duration of time off is one day. But often the employee receives 5 unpaid days. This is legal, based on the rules of labor legislation (Article 128).

An employee receives several days of rest in special cases:

• holding wedding events;
• birth of a child;
• death of a close relative.

When a request has been made for a few days of rest in connection with one of these cases, the request cannot be rejected. It is justified by family circumstances or other valid reasons. After submitting a request for time off for previously worked time, the parties independently agree on the nuances of the leave.

Often an employee needs to go on a business trip on days officially designated for rest. Then the employee receives time off, paid at double salary. He can also receive leave for rest days during departure and arrival, which is not paid.

How to write time off for previously worked time?

It states that another day of rest can be provided only at the request of the employee - that is, no one can oblige him to do this. The choice: another day off, or the monetary compensation is not paid by the employer.

If the decision is nevertheless made in favor of time off, it is important to follow three rules:

1. You can choose only one type of compensation: money or a free day; it is impossible to demand both;
2. According to the law, it is impossible to apply this sequence in practice: first not coming to work, and then working. You can only rest for the time that was devoted to work earlier;
3. The employee is obliged to notify his superiors of his desire. It is impossible to not go to work and then formalize it - in this case, absence from work will be perceived as absenteeism.

Attention
If you want to take advantage of the right to time off, you must notify your superiors in advance and this must only be done in writing - a verbal agreement in this case is invalid.

The application should be submitted a few days before the desired day off, especially if it requires adjustments to the current work schedule. Only after the employer reads it and signs it, the day indicated in it will be considered a day off.

Required documents

To apply for time off for previously worked time, you only need to provide one document - a written application.

After the manager signs it, an order is issued with the order to provide one more day of rest. The employee must familiarize himself with it, as well as put the date and signature.

How to apply correctly?

To register rest days, you must have the following documents:

• an order to engage in overtime work or work on a non-working day;
• confirmation of the employee’s return to work in the time sheet;
• statement from the employee;
• order to grant time off in free form or in form T-6.

The application is written freely by the employee; it is best not to delay submitting it, otherwise the employer will pay for the time previously worked at an increased rate.

The order is drawn up on the basis of the application.

If an order is not issued to engage in overwork or work on a weekend or holiday, then there will be no confirmation that such events occurred at all.

The employee must make sure that the order has been issued, he has read it and signed it.

If there is no order, then you should not stay late at work or go out on weekends; the employer may deceive you and not compensate for this time, since there will be no documentary evidence of this.

Application for time off for a previously worked day

It happens that employees are forced to work on a weekend or holiday in accordance with production needs, or to exceed the work schedule established for them. If an employee already has overtime, he could verbally agree in advance with his superiors when exactly it will be compensated with rest. But it is better to draw up the document in writing. If there has been no overtime, but it is planned, you can ask your boss to provide an additional day off for the required date with subsequent work off.

To the General Director of Asgard LLC Petrashevsky Anatoly Petrovich from the caretaker Leonid Iosifovich Otrivinov

STATEMENT

I ask you to provide me with a day of rest on March 25, 2021 for the time previously worked on 01/01/2017.

March 20, 2021 /Otrivinov/ L.I. Otrivinov

Reasons

Due to certain circumstances, each employee can ask his management for one day of rest. In fact, the reasons why it is issued are not specified in labor legislation.

However, the company's regulations may contain information about providing the employee with an additional day off. Most often, when making a decision, employers rely on a list of reasons that have become established over time.

It includes the following grounds:

1. Family circumstances. In this case, the employee is obliged to notify his management about the difficult situation in his family. As a rule, this information is enough, and there is no need to disclose anything personal to the employee. You should also not use this reason often.
2. According to the donation certificate. After donating blood, the employee has the right to receive a legal day off. He can use it either on the same day or leave it for later. Time off is also provided during the examination period before donating blood.
3. At your own expense. It is used when an employee does not plan to go to work, but does not have a day off for overtime. In this case, the employee will be given unpaid leave for a period of one day. Also, the accounting department must deduct the average daily earnings from his salary.
4. On account of the required annual leave. The day off is deducted from the employee's rest period. However, this basis can only be used by people who have worked for the company for six months.
5. Unused vacation. If an employee is urgently called to work during his vacation, then he has the right to use this day as a day off at any convenient time.

Other grounds for granting time off:

• birth of a child;
• urgent matters;
• resolving issues in various authorities;
• wedding;
• funeral.

In addition to the reason and desire of the employee, consent from management is also required.

Procedure for provision

After the application is signed, the manager issues an order and gives it to the employee for review. As soon as the latter signs, his request is considered valid.

You also need to know: if an employee needs an additional day off, he does not have to work overtime to provide it - there are two other ways to get another day off, or even several, when you can solve all your business:

1. Take a day off as paid vacation;
2. Take a vacation at your own expense.

Time off towards vacation

After six months of work in the company, each employee is given 28 days of paid leave. You can use them either by using them all at once or by dividing them into several parts. The only rule that is important to follow in this case is to go on vacation once for at least 14 days. The remaining time can be used as you please.

To do this, you need to write a statement about your desire to take extraordinary paid leave, indicate from what date and for how many days. You can use it one day or take it for several days in a row.

Definition

Despite the fact that there is no definition of this word in the narrow sense. In broad terms, it means the absence of an employee from his place during his working hours.

As a rule, after this he is obliged to work this time. Or he's already done it. Also, these days can be deducted from the employee’s annual leave.

Article 153 of the Labor Code of the Russian Federation states that any employee can receive compensation for a day off worked. She may be:

• material payment;
• providing another day of rest.

In simple terms, an employee may receive an additional day off or financial compensation for overtime. It is this day off that will be considered a day off in this situation.

An employee can also go on vacation for one day at his own expense, or use part of his annual vacation allotment. All this also falls under this concept.

Paid time off for early hours worked

There is no additional compensation for time off for time previously worked. In fact, the days of service are swapped, so the salary will be accrued according to the terms of the employment contract. If, instead of a day off, an employee chose cash payment, he will receive an increased payment.

When it comes to time off for vacation, the workday will be paid in accordance with the procedure for financing the next vacation. For this purpose, the company uses special formulas.

Display in the timesheet

All aspects related to the work activity of employees are recorded in the working time sheet. This document is used by the accounting department to calculate payroll. All days have a code designation.

It is important to know! It is important for the employee to ensure that all days of his actual presence are noted. When time off is taken from previously worked time, it is marked as NV, which means an unpaid day off. Please note that in this case the processing must be recorded in the report card.

Step-by-step instructions for the procedure for obtaining a day off

The application is submitted to the boss for signature , an order is issued to grant the day off, and then it is transferred to the personnel service or accounting department.

The HR department summarizes the amount of time worked and, if necessary, calculates the amount of overtime. Accounting must make calculations and, based on the order, accrue wages to the person.

Even if the boss does not take the day off as a day off (the employee is actually absent from work, but this is not noted on the time sheet), it is advisable to still draw up a statement. This is due to the fact that the employer is responsible for the employee during the work process. For example, if something happened to a person during an “unofficial” day off, then the statement will be enough for the employer to confirm that the employee was not fulfilling his job duties at the time of this event.

How long can I take it?

An application for time off for previously worked overtime or on a day off must be written within the current month, otherwise, upon completion, the employer will simply charge increased pay. Then the right to rest will be lost.

An application for rest due to work while on vacation can be written later; there are no restrictions in this regard.

If a request for time off of these vacation days is not received from the employee during the year, these days are added to the annual paid vacation in the next year and are included in the vacation schedule.

Design rules

This process involves obtaining a day off for a period of 1 day. It can be used from a future vacation, or from a previously unused one.

To receive it, you need to fill out an appropriate application. It must contain the following points:

1. Top right corner. Indication of the name and position of the person the employee is addressing. The company name is also written there.
2. Below, in the same corner. The name and position of the employee who wishes to receive a day off is indicated.
3. The essence of the statement is indicated in the middle of the text. It must contain the basis and date of receipt of the leave.
4. The date it was completed is indicated at the bottom of the document.
5. The personal signature of the employee himself is also placed there.

Sample and example of filling out this application:

What to do if you are denied time off

An employer does not have the right to refuse to provide time off for time worked. He may refer to the following facts:

1. By necessity.
2. Period of inspections and accounting.
3. An employee’s negligent attitude towards duties, and so on.

Attention! But all of the above reasons relate only to time off at one’s own expense, and if a person has already worked hours, then he will receive a day off on any convenient day. If management refuses to provide it, then you should write a complaint to the labor inspectorate; department employees will conduct an inspection and oblige the employer to correct the violations.

Along with this, it is also unacceptable not to provide additional days off to the following categories of citizens:

• donors - given two days (one on the day of delivery and the other on any other), in the report card about what a paid shift means;
• employees who were involved in emergency response;
• employees working on a rotational basis, when the hours worked significantly exceeded the norm.

According to the legislation of the Russian Federation, if one of the above reasons is indicated in the application, the refusal to grant a day off is unlawful.

Time off for previously worked time is a citizen’s right, enshrined in the Labor Code of the Russian Federation. To receive an additional day off, the employee should write an application addressed to the manager, indicating in it the basis for assigning an unscheduled day of rest. The employer’s refusal in this case is unlawful, but to prevent conflicts, it is worth submitting the paper in advance so that adjustments can be made to the schedule. Please note that instead of a day off, an employee has the right to receive monetary compensation for overtime.

How to challenge a refusal to grant a day off

If, for no apparent reason, the employer refuses to provide a day off, this is a violation of the employee’s rights.

These services will conduct an inspection, following which the employer will be issued an order to eliminate violations. As a result, getting time off is an ordinary procedure at any enterprise.

It can be provided at the expense of previously worked days or at the expense of future paid leave. The application is drawn up a few days before the holiday, indicating its date and the reasons for its receipt.