Time off for work on weekends according to the Labor Code of the Russian Federation. Application for time off for previously worked time. Working on a day off: time off or pay? How are days off provided?

21.02.2024

If the certificate is issued for a year, then it is valid once a year. The original documents are returned to the employee after review. Payment for additional days off is made only for disabled children and is calculated based on the average salary for the past year. Women working in the village are not paid an additional day off. The number of extraordinary days off does not depend on the number of disabled children in the care of one family. Below we will consider in more detail the issue of providing citizens with additional free days. Additional days off to care for a disabled person Among the nuances regarding the documents required when applying for extraordinary days off, it should be noted that in addition to the child’s disability certificate itself, you will also need to obtain a certificate from the local social protection authorities with information that the child is not supported in special

Attention

An additional day of rest is provided for working on a day off. Characteristic features of receiving days off in certain industries There are some sectors of the economy that have certain features in receiving days off and their payment. For example, this applies to the civil aviation sector of the Russian Federation.

For example, if a dispatcher was brought to work on a legally free day, he will certainly be offered another day to rest, since there is a legally regulated regime for the distribution of working time and rest for employees who manage air traffic. Women working in the field of mechanical engineering and raising a child under the age of sixteen are given one extraordinary free day per month without pay. The same applies to women working in the field of transport construction.

Rules for granting time off for work on weekends and holidays according to the Labor Code of the Russian Federation

Read also: How to write an application for half a day off: basic questions and answers In this case, her actions are not lawful and violate the rights of the applicant. When issuing instructions to work on the above days, the calendar date of the day off is indicated. At such times, there is no need to write additional documents.

Info

If information about future vacation was not provided at the time of drawing up the contract, then the employee must provide a written statement. Based on this, the final verdict is made to grant additional time. This is reflected in the order, which has a random design.

The employee is obliged to familiarize himself with it against signature. The HR department and accounting department are required to provide a sample application form for those who do not know how to compile it according to the rules. The information should also be reflected on the timesheet.

In what cases are additional days off provided and how are they paid?

Features of providing days off and breaks during the working day One of the features of the working time and rest time regime for employees of educational institutions is the absence in the internal labor regulations of a mandatory break during the working day for rest and food lasting at least 30 minutes, which is not included in the working day. time. According to clause 1.4 of the Regulations on the peculiarities of the working time regime and rest time of teaching and other employees of educational institutions, approved by Order of the Ministry of Education and Science of Russia dated March 27, 2006 N 69 (hereinafter referred to as the Regulation on the peculiarities of the working time regime), for teaching staff performing their duties continuously in during the working day, there is no break for meals.

Pay on weekends and holidays

Average earnings are calculated by dividing wages accrued for the billing period by the number of working days in this period based on the average working hours, in accordance with the legislation of the Russian Federation. Days off for women workers in rural areas As described above, women workers in rural areas are given, upon written request, 1 additional day off per month without pay. Moreover, an employee may demand an additional day off under the Labor Code without specifying a reason.

Since a priori it is assumed that this day will be dedicated to family and children. According to the law “On urgent measures to improve the situation of women, families, protection of motherhood and childhood in rural areas,” an employer does not have the right to refuse an employee. An order is issued on additional days off.

Important

Weekly uninterrupted rest (weekends) is provided to all employees of at least 42 hours. The specific duration of this type of rest depends on the type of working week and the work regime in the organization (see Articles 110, 111 of the Labor Code). Weekends are days off from work in the calendar week, provided to all employees for rest.

With a 5-day work week, employees are provided with 2 days off per week, with a 6-day work week - 1 day off. The general day off for all employees in both a 5-day and a 6-day work week is Sunday. The second day off in a 5-day work week is determined by a collective agreement or internal labor regulations. In this case, as a rule, both days off must be provided in a row (Article 111 of the Labor Code). According to established practice, the second day off is usually Saturday.

Features of providing days off

Note! Parents (guardians, trustees) are obliged to notify the employer of the occurrence of circumstances entailing the loss of the right to receive additional paid days off. In addition, they are responsible for the accuracy of the information they provide, on the basis of which they receive additional paid days off. Documentary confirmation of the employee’s right to four additional days off. The provision of four additional paid days off in a calendar month to one of the parents (guardian, trustee) is made upon his application and must be formalized by order (instruction) of the employer (clause
2 of the Rules). Note! The application form for additional days off is not arbitrary, but is approved by the Ministry of Labor.
If an employee chose additional rest time instead of double pay, then the number of hours worked does not play a critical role. Existing labor law standards do not apply the relationship between time worked on weekends or holidays and rest. Consequently, the employee has the right to demand full time off, without taking into account the number of hours spent at the place of work.

The right to a day off for donation You are entitled to a day off for donation. There are many working people willing to become donors. Today, the Labor Code provides for social guarantees, financial payments on the day of blood donation and additional days off, which are indicated in the report card.

Article 125 of the Labor Code regulates the relationship between employee and employer related to blood donation.
of the Rules in the event that there is documentary evidence of the death of the other parent (guardian, trustee), recognition of him as missing, deprivation (limitation) of parental rights, imprisonment, his stay on a business trip for more than one calendar month or other circumstances indicating that that the other parent (guardian, custodian) cannot care for a disabled child, and also if one of the parents (guardians, custodians) evades raising a disabled child, the specified certificate is not submitted. Payment for additional days off to care for a disabled child Payment for each additional paid day off is made in the amount of the average earnings of the parent (guardian, trustee) (Part 1, Article 262 of the Labor Code of the Russian Federation, clause
Special categories There are special categories of people who are granted additional days off. These categories include parents or guardians of disabled children, women working in agricultural areas, workers in the Far North, as well as people combining study and work. What is it regulated by? The issue of obtaining an additional free day is regulated by the labor legislation of the Russian Federation, and specifically Article 262. This document states that parents or guardians of disabled children can receive additional free days. At the same time, they are paid by the federal insurance service. Additional days off are provided for the above category of citizens to fulfill their parental responsibilities. The basis for their provision is considered to be a written statement from the employee.

In accordance with the norms of current legislation, an employee is obliged to go to work on his day off or a state holiday only if he has previously agreed to this by providing his written consent. In all other cases, he has the right to refuse the employer’s request.

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Every working person, regardless of whether he has been in such a situation or not, must know his rights and responsibilities, as well as what he can count on in a certain life situation.

Will overtime work be compensated?

An approximate algorithm preceding the official entry to the workplace on a day off or a state holiday is as follows:

You are presented with a notice asking you to return to work.
You sign the document or you don't sign. Your signature on such paper indicates that you agree and are obliged to arrive at the workplace by the specified time.
An order is issued to work on a day off or a statutory holiday.

Is it possible?

The law provides for cases in which an employee’s consent to go to work on a non-working day has no significance and is not required:

work on days off according to the schedule at the enterprise in the case when it operates continuously, provides services to the population, or the employee works in shifts;
the employment contract provides for the possibility of calling an employee to the workplace;
An emergency situation has occurred at the enterprise that requires an employee to leave to eliminate it or prevent negative consequences.

An exception to the rules are pregnant women and persons under the age of majority - they cannot be involved in work on weekends and public holidays under any circumstances, as stated in the corresponding article of the current edition of the Labor Code of the Russian Federation.

Rest or double payment

Article 153 of the Labor Code of the Russian Federation establishes the procedure for monetary valuation of labor on days recognized as weekends or holidays.

Thus, according to the current edition, payment for a weekend or other non-working day must be made at least at double the rate:

those working on a transaction - at rates twice as high as those established on ordinary days;
for those whose work is paid at hourly tariff rates or daily tariffs - no less than double the tariff rate established at the enterprise for this category of workers;
for salaried employees - at least one daily or hourly rate in excess of the regular salary.

Fixed payment amounts or the percentage of bonuses can be established in a collective agreement of a particular enterprise, a certain local regulatory act, or an individual employment contract.

If the employee so desires, then instead of paying him for his work at an increased rate, he may be given another day at a time convenient for him to take rest (the so-called time off). If such a situation arises, it will be processed as usual.

Time off for work on a day off according to the Labor Code of the Russian Federation

Terminology

A term such as “time off” does not appear anywhere in labor legislation, since it is a colloquial, accepted name in society at the everyday level for additional rest time.

Additional rest can only be granted in specific cases:

carrying out work on a day off or a state holiday;
working overtime;
business trip, travel time to the place of secondment and working overtime outside the main workplace;
blood donation.

Decor

An employee who was forced to be at the workplace on his legal day off or a state holiday has every right, when signing the notice, to indicate the day that he will be given as time off.

When issuing an order to work on a day off, you can immediately indicate additional rest time. In this case, there is no need to create an additional order. If such information was not reflected or the employee is not ready to immediately name a day of rest, then he should provide an application for rest, on the basis of which a separate order will be issued, drawn up in any form.

It is imperative that the employee be familiarized with this document against signature.

If you do not know how to correctly compose your application, you can get a sample application from the personnel service or accounting department of your company.

How to reflect time off on your timesheet?

The data in the report card must also reflect what is happening - it must be indicated that the employee is on leave according to the order. If standard timesheets of the T-12 or T-13 format are used, then the code “NV” or “28” must be entered in the corresponding column.

If an organization uses timesheets specially developed by it to constantly record the actual time worked by its employees, then you can come up with a code that will reflect the employee’s time off, or you can use generally accepted encodings.

There are cases when an employer allows his employee to go on vacation even without issuing an order. Then attendance at work is entered on the report card and the time is considered to have been worked.

But not every company will take such a step, since there is a considerable risk of holding the manager accountable for violating labor safety standards and labor legislation. There is also a danger that while on leave, something could happen to the employee or he could commit an illegal act.

In municipal and budgetary organizations

Budgetary organizations keep records of time worked using a specially designed form 050421.

There are no special notes on time off for this form, so each structure has the right to independently decide what value will be entered in the corresponding column to reflect the person’s presence on an additional day off. Suppose it could be “A” - time off with the permission of the administration, etc. The main thing is that the accounting department understands what this designation is. An order may also be provided in addition to the submitted form.

Rules for scoring

The law does not provide for a time frame in which an employee must choose a day of additional rest. He himself has the right to decide which day is suitable for him as a non-working day.

As mentioned earlier, when deciding to take time off, an employee does not receive double pay for working hours on a day off. You can take advantage of your rest time both in the same month when the extraordinary exit to the workplace occurred, and in any subsequent month. The only thing is that in practice, the management requires that you spend your rest time in full before the end of the calendar year, but this is not stipulated by law.

In any case, no matter what the employee chooses, the salary this month will not become less.

Let's look at it in more detail and clearly with an example.

Suppose citizen K. has a daily rate of 2,000 rubles and working 5 days per calendar week. In September 2019 he was supposed to work 22 working days. But, on September 5, by order, he was obliged to go to his workplace. In a notice of this, signed by the head of the enterprise, he indicated that as compensation he wanted to take additional rest on another day and chose the date - September 30, 2019. The employer satisfied the request and the employee had a day off on the last day of the month.

How, in this case, will the rest period on September 30, 2015 affect wages? We answer: absolutely not. The employee has worked 22 working days (including one day off, calculated at the normal rate) and will receive wages in the following amount:

2,000 thousand * 21 days = 42,000 rubles.

If the employee did not take additional time off in September, then this will not affect his earnings in any way, nor will the situation when paying for the month in which he will be given a day off.

Thus, it turns out that, according to Article 153 of the Labor Code of the Russian Federation, a day off should not be paid, and according to the explanations of Rostrud, such a vacation does not affect earnings. Do the norms conflict? Absolutely not, since a day off is simply not paid at separate rates, but is equated to a regular working day.

If additional rest was simply excluded from working time, then what kind of compensation would it be? It would be a vacation at your own expense. If this were so, then everyone would prefer double pay.

IMPORTANT! Time off is rest provided to you for a day (equivalent to one working day off or holiday), regardless of how long you spent at work on the day off - one hour or the whole day.

If a contract with a certain employee is concluded for no more than two months, then according to Part 2 of Article 290 of the Labor Code of the Russian Federation, work on a state holiday or official day off must be compensated only in cash. Providing rest days in this case is not provided for by law.

Accounting in 1s

There is a standard system used by various types of services to record this or that information. In “1C: Salary and Personnel Management” you can calculate not only length of service, length of service, working hours, but also accrue wages to the employee for working on a day off at a standard or double rate.

So, when a personnel officer registers in 1C an order about the need to go to work on his legal day off, provided by the state, he must indicate how compensation will be made: double tariff or single tariff and time off. If the employee has chosen time off, the accumulation system stores the number of hours actually worked by the employee. When he writes an application for vacation, entering the data from the order automatically writes off the required number of hours from the reserve.

Step by step it will look something like this. Time off is registered by creating an accrual in the “Basic accruals of the organization” calculation plan. Next - “Accrual type” - “Primary” - calculation method “Zero amount” and time “Unworked full shift”. In the accrual column, you should select “Payment for holidays and weekends” without providing additional payment. Then the accrual will be made in a single amount.

Time off is included in the total work experience.

Features of provision and compensation of unused time off

Dismissal

In the event that an employee is subject to dismissal or wants to resign of his own free will, but he has unspent vacation days, he, in accordance with Part 1 of Article 127 of the Labor Code of the Russian Federation, has the right to demand compensation in monetary terms. This rule does not apply to days off, since they are not equivalent to vacation days.

If you have already decided to quit and know what time you will write your application, make sure that you use up all the days off.

You can also do this in a situation where an employee is subject to dismissal or layoff. The employer must ensure that the employee has the opportunity to use up his or her compensatory time before dismissal is ordered.

Can an employer refuse?

The employer does not have such a right. By law, he must provide either time off or monetary compensation for work on his legal day off. The decision is made by the employee himself. If he has expressed a desire to take time off on a specific day, the employer cannot refuse him. If he wants to receive compensation for the time worked, the employer is obliged to pay it. This situation is described in detail in the recommendations prepared by Rostrud, number 1 dated 06/02/2014.

The duration of this cannot be less than 42 hours. This rule must be observed in all organizations, regardless of organizational and legal forms, when establishing working hours and shift schedules. The duration of weekly continuous rest is calculated from the end of work on the eve of the day off until the start of work on the next day after the day off. Calculation of duration depends on the working hours: type of working week, shift schedules. With a five-day work week, two days off are provided, with a six-day week, one. The general day off is Sunday (Article 111 of the Labor Code of the Russian Federation). The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Typically, days off are provided consecutively.

Weekend

Weekends are a type of rest time. Their distinctive feature is that they are provided to employees for continuous rest between working days.

The concept of “rest” in this case, in addition to the time needed for sleep, includes a sufficient amount of time during which workers could do whatever they wish, or, in other words, free time.

The International Labor Organization (ILO) already in its early years brought to the attention of employers that well-directed use of leisure time, by giving workers the opportunity to pursue a wider variety of interests and by providing a break from the stress imposed on them by daily work, could increase productivity and thus can help you get the most out of your workday.

It is precisely this scientific and social approach to establishing rest time that currently prevails in developed countries, where the duration of working time is limited by law or in other ways, i.e., mandatory continuous rest time is established.

In Russian legislation, the regulator of working hours during the week is Art. 111 of the Labor Code of the Russian Federation, which guarantees the provision of weekly uninterrupted rest to all employees.

The length of the working week is provided for by the working hours, five days with two days off, six days with one day off, a work week with days off on a sliding schedule, and is established by a collective agreement or the internal labor regulations of the organization in accordance with the Labor Code of the Russian Federation.

Part 2 of Art. 111 of the Labor Code of the Russian Federation proclaimed Sunday as a general day off. Moreover, the second day off in a five-day working week is set by organizations independently in their local regulations - usually either before or after Sunday, but other options are possible, since Part 2 of Art. 111 of the Labor Code of the Russian Federation provides that both days off, as a rule, are provided in a row.

In accordance with the generally accepted ILO principle of providing workers with continuous free time whenever possible, employers are given the right to choose in establishing days off, taking into account the requirements of different sectors of the economy, local customs and the differing abilities and skills of different groups of workers. This principle was reproduced in Part 3 of Art. 111 of the Labor Code of the Russian Federation, which secured the right of employers in organizations in which suspension of work on weekends is impossible due to production, technical and organizational conditions, to provide days off to employees on different days of the week, alternately to each group of employees in accordance with the internal labor regulations of the organization.

According to Art. 110 of the Labor Code of the Russian Federation, the duration of weekly continuous rest cannot be less than 42 hours. Legislating the lower limit of this period of time reflects the seriousness of the state's attitude to a complex of various aspects of the physical, mental and social well-being of workers. After all, a lack of free time can ultimately have a negative impact on their participation in society and disrupt social contacts, which, in fact, constitute the activities of the state.

In addition, the very size of the minimum period of continuous free time reflects not only the social side of work, but also the level of economic development of society - in developed countries it is larger, and in developing countries it is smaller, for example, in Vietnam it is 24 hours.

The beginning of what is specified in Art. 110 of the Labor Code of the Russian Federation, the period is calculated from the moment the employee finishes work on the last day of the calendar or work week, when working on a shift schedule, and the end, accordingly, from the moment he goes to work on the first day of the new calendar or work week. The specific duration of weekly uninterrupted rest depends on the work schedule established in the organization, i.e. on the type of week: 5-day, 6-day or no shift schedule, and on the employer’s calculations.

By the way, precisely for the purpose of complying with the established standard time for weekly rest, Part 3 of Art. 95 of the Labor Code of the Russian Federation establishes a limit on the duration of work on the eve of weekends with a 6-day working week - no more than 5 hours.

Non-working holidays

Every country in the world has its own official holidays, when the population is not involved in work, but relaxes.

Giving the day the status of an official holiday and, importantly, defining its nature as a non-working holiday is carried out in each country in its own way. In some countries, these issues are regulated by special regulations dedicated exclusively to holidays, and which are most often called “On Holidays” or “On Public Holidays”, in others - holidays are introduced and abolished by separate acts for each specific day, in others - holidays are established by general normative legal acts regulating public administration.

In the Russian Federation, the list of public holidays is determined by Art. 112 of the Labor Code of the Russian Federation. After amendments were made to it by Federal Law No. 201-FZ of December 29, 2004, non-working holidays in the Russian Federation are:

January 1, 2, 3, 4 and 5 — New Year holidays;

January 7—Christmas Day;

February 23 - Defender of the Fatherland Day;

March 8 - International Women's Day;

May 1 - Spring and Labor Day;

May 9 - Victory Day;

June 12—Russia Day;

November 4 is National Unity Day.

If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday.

When getting a job, a person must certainly know his responsibilities. But, along with this, you should not forget about your rights. One of the rights of workers under the Labor Code of the Russian Federation is the right to time off. In order to take advantage of the required additional day off, you should know who is entitled to it under labor law, and under what circumstances.
For your information
Previously, this concept was included in the labor code: time off was assigned to those who work more than indicated in their job responsibilities. The changes made to the Labor Code of the Russian Federation also affected this point. Now an employee has the right to receive legal additional days off only in a number of certain cases.

What is time off and who has the right to count on it?
Time off is considered a day off that an employee receives for completing any overtime tasks. This day does not coincide with scheduled weekends. It is often attached to vacation in order to extend it. Also, according to the Labor Code of the Russian Federation, time off can be taken during the working week, by agreement of the employee and the employer.
A worker can receive time off if his work exceeds his job responsibilities. There are several similar situations.
If he worked more than the allotted time.
If you went to work on your legal day off.
Helping your employer during your vacation.
For excellent performance of your job duties, as an encouragement.
If the intensity of work exceeded acceptable standards, as compensation for hard work.
For performing work that is not included in the list of the worker’s labor duties and was performed on a voluntary basis at the request of the employer.

All of these examples can serve as reasons for taking time off. According to the Labor Code of the Russian Federation, an employee has the right to choose in what form he will receive remuneration for work in excess of the norm. Having started work on a day off, a worker has the right to count on double pay or receive money in a single amount, as for a regular working day, but with the right to take a day off at any time at his own discretion. However, this rule applies with a 100% guarantee only if the overtime is documented, since the concept of time off is excluded from the Labor Code of the Russian Federation.
In what cases does an employer have no right to deny a subordinate time off?
In the Labor Code of the Russian Federation, there are reasons why an employer is obliged to give an employee time off. These include:
Wedding.
Funeral.
Blood donation.
For hours worked recorded on the timesheet.
For going out on days off as ordered.

Attention
Replacing time off with cash compensation
By agreement with management, you can arrange additional days off and allotted vacation in cash. This is done when the enterprise has enough funds to make additional payments and there is an urgent need for the employee to fulfill his job duties. An employee cannot demand a cash payment instead of time off according to the Labor Code of the Russian Federation: according to the law, the manager has the right to refuse payments, allowing his subordinate to take the leave he is entitled to by law.
The employer does not have the right to replace vacation with compensation in a number of individual cases:
You cannot refuse leave, replacing it with compensation, even with the consent of the parties, if the employee is pregnant.
You cannot replace vacation with payments for more than two years in a row: the employee must use vacation at least once during this time.
If work activity is carried out in harmful or dangerous conditions.
If labor activity is carried out by a person who has not reached the age of majority: in our country, this definition means age from 18 years.

These four cases are a legally certified reason in the labor code for refusal of cash payment in lieu of vacation. A manager cannot infringe on the rights of his subordinates; for this he will have to suffer appropriate punishment. Even despite the fact that this happens by mutual consent of the parties.
Additional Information
Another example when it is impossible to replace vacation with monetary compensation: according to the law on the protection of persons who were exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, the vacation they are entitled to cannot be converted into a monetary equivalent.

When are time off granted?
The time off according to the Labor Code of the Russian Federation, which is due for additional duties assigned to an employee or for carrying out work activities during non-working hours, is assigned differently, depending on the specific situation. For example, citizens working on a rotational basis, in accordance with the Labor Code of the Russian Federation, have the right to additional days off attached to their rest time. Also, shift workers have the right to receive monetary compensation for overtime. In their case, overtime has a special character: those working on a rotational basis work for months at a time for 10 - 12 hours, having at best 1 day off per week. Such processing imposes an obligation on management to adequately compensate for significant processing. This is necessary for workers to regain strength before the next shift.
Additional Information
Unlike days off, which are determined by calendar state days or compiled according to the needs of a given particular enterprise, time off is more difficult to regulate. Usually they are provided to an employee when necessary: when he needs to leave for family reasons. The time for this is agreed upon between the boss and the subordinate, taking into account the wishes of the worker and factors of production necessity.

How to arrange time off?
The Labor Code does not provide for compensation for overtime; for this reason, there is no specific form that can be filled out to document time off at any enterprise. Each organization has the right to independently decide what the registration procedure will be. The employee carrying out office work must record all cases of overtime work by employees, their reasons and the form of compensation.
If a worker wishes to take advantage of an unofficial day off for overtime, he must write an application.
In addition to the application for time off under the Labor Code of the Russian Federation, the employer must issue an order indicating the time for providing the vacation and the reason. Otherwise, if an accident occurs to an employee while he is away from work, the employer will bear responsibility for it. Official registration is not carried out if the employee’s employment contract already indicates his additional day off. In this case, there is no need for an order for time off: the subordinate’s absence from the workplace has already been documented. Example of an order:
In a number of individual situations, processing is the direct responsibility of the worker.
Elimination of the consequences of disasters or other consequences of destructive force that pose danger and harm to others.
Prevention of criminal activities, the consequences of which may affect the lives, health and well-being of citizens.
Performing work that is necessary and included in labor duties when a state of emergency is introduced in a certain area or country.

IMPORTANT
An employee's refusal to perform his or her duties in one of these situations or leaving without permission will entail serious consequences. This could be disciplinary action or... Most often, this is acceptable for military personnel liable for military service during the introduction of martial law. Also, this is suitable for employees of the army, police, Ministry of Emergency Situations, and doctors.

Time off at your own expense according to the Labor Code of the Russian Federation
If an employee urgently needs time off, he has the right to request leave at his own expense. There can be many reasons for this.
Illness of a relative, when personal care for the patient is necessary.
The need to leave for some time for personal reasons.
Poor health caused by a busy work schedule: the desire to rest without using sick leave.
The need to devote more time to part-time work: reporting period, inspections.
September 1, when you need to accompany the children to school and personally attend the assembly.
Disciplinary meetings of parents at school.
A situation where the director of a school where a worker’s children are educated insists on his personal presence during working hours.
Wedding of children, relatives, close friends.
Funeral of relatives and loved ones.
Serious emotional distress when the employee is mentally unable to perform his duties.
Other personal circumstances.

All this may make the employee want to ask for leave at his own expense. The immediate supervisor has the right to refuse, since none of these reasons legally limits his actions. The refusal of management to take leave under the Labor Code of the Russian Federation at their own expense for one or more days may be influenced by the following circumstances:
An employee often goes on sick leave and takes time off.
By necessity.
Period of inspections, submission of reports.
A situation where a particular employee is indispensable due to his skills and job responsibilities.
Frequent violation by an employee of internal regulations.
The personal attitude of a manager towards a subordinate, related to his behavior, quality of work or other circumstances.

Any of the above reasons may contribute to management’s decision to deny an employee additional leave at his own expense. Since the concept of time off is not in the labor code of our country, the employee’s actions are very limited.
In this case, it is better to leave a few days from your vacation, starting duties ahead of schedule. The employee has the right to use unused vacation days at his own discretion at any time.
Another way out of the situation: official registration of processing. As mentioned above, for this purpose an order must be drawn up: this is beneficial to both the employee and the management team. This document will help management avoid liability if an employee is injured during unregistered time off, and the employee will be able to use compensation for time off under the Labor Code of the Russian Federation at his own discretion: choose a double payment amount or a one-time standard payment for working time with the possibility of time off. When there is such an order, the employee can be sure that his request to leave work for personal reasons will not be refused. In addition, this will not be a vacation at your own expense, but a paid well-deserved day off.
A worker can take time off at his own expense for no more than 14 days a year. They can be connected or scattered on different dates throughout the year. If the number of unpaid days off exceeds the above-mentioned period, these days are deducted from his length of service. This fact will have an impact on the formation of pension payments in the future. All days in excess of 14 legally permitted days off will be removed from the work experience.

Taking a vacation at your own expense
If the time off is not formalized, according to the labor legislation of the Russian Federation it is considered absenteeism. Both parties may be held responsible for this: if something happens to an employee, the organization whose report card states that the employee was at the workplace will be responsible. An employee can easily receive official absenteeism with a warning and entry into his personal file. Even if there was verbal permission from the authorities. This is a delicate point that is best documented on paper to avoid problems.
If it is necessary to leave the workplace for several days without pay, the employee writes a statement, which is signed by the head of the organization. Afterwards, based on this document, an order is drawn up, which the employee must read and sign on it. The order will be in the employee’s personal file.
Sample application for leave at your own expense:
What to do if an employee needs to take time off, but management refuses?
A situation where an employer does not take into account the wishes of an employee, acting in the interests of production, is not uncommon. Most often, he has good reasons for this related to production needs. An employee who finds himself in such a situation has three possible scenarios:
Option #1.
The employee agrees with the manager and remains at the workplace to fulfill his duties. This option is acceptable if the need for leave for one or several days is not urgent, and the situation at the workplace really requires his personal presence at the designated time. When a job is important and loved, the employee will take into account not only his own needs, but also the needs of the team and management in performing his job duties.
Option No. 2.
The employee and his manager agree on a compromise way out of the situation. This could be a transfer of time off to a period when its absence will not affect the work process. Or an employee goes part-time to fulfill his duties and go about his business. It is also possible to agree that the necessary work activity will be carried out by another employee or an outside person. This is possible in a number of individual cases.
In this situation, both parties compromise. This will help not only maintain warm relations between employee and subordinate, but also get out of a difficult situation with the least losses on both sides. By making a compromise, the employer makes it clear that not only the employee’s work is important to him, but also himself. By this act he shows his disposition. It would be unreasonable not to accept such an offer unless there are serious reasons for doing so.

Option #3.
If an employee still needs to leave the workplace on the day when he is supposed to be present according to his timesheet, there is a loophole. If management refuses time off or does not compromise for one reason or another, the employee can become a blood donor that day. This is the only option under the Labor Code of the Russian Federation when his absence from the workplace will be documented. This will help him avoid absenteeism being entered into his personal file.
What you should not do if your boss denies you leave at your own expense:
Making a scandal will only ruin relations with your superiors and put you in a bad light. There will be no productive help from performing this action.
Writing a resignation letter in the heat of the moment will cause you to regret it later. Such a decision should be made without emotion, with a cool head, with consideration of the consequences and further actions.
If you leave on your own, despite the refusal of your superiors, absenteeism will be immediately entered into the employee’s personal file. Three absences are grounds for dismissal under the article, after which it will be very difficult to get a job.

For your information
Any issue can be resolved peacefully. Do not forget that the manager is obliged to act in the interests of production, otherwise he will be replaced in his position by another, more efficient employee. An employee who has received a refusal to request leave at his own expense or to be given time off under the Labor Code of the Russian Federation should understand this and not take the refusal personally.

Thus, when working at a particular enterprise, you should be aware of your labor rights so that, if necessary, you can use this to your advantage. Employers often take advantage of the fact that their subordinates do not know their rights. This should not be abused either, since many professions require overtime from the very beginning. This is due to the specifics of job responsibilities. First of all, this applies to all military and medical workers. Such professions are not just a job, but a way of life. This needs to be understood before enrolling in one of these specialties. Otherwise, you need to know your rights and apply them as necessary. This is why the Labor Code of the Russian Federation exists.

The introduction of an additional day off in a company is possible subject to its payment, since it deprives employees of the opportunity to work on a day that is not legally a non-working holiday or day off. The employer does not have the right to swap working days and days off by order.
Labor relations are regulated by regulatory legal acts of state authorities and local self-government, as well as collective agreements, agreements and local regulations containing labor law norms (Article 5 of the Labor Code of the Russian Federation). The adoption of local regulations is one of the fundamental rights of the employer. The employer is obliged to familiarize employees, against signature, with the adopted local regulations directly related to their work activities (Article 22 of the Labor Code of the Russian Federation).
Weekends and non-working holidays refer to the time of rest (Article 107 of the Labor Code of the Russian Federation), during which the employee is free from performing work duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).
Additional days off must be paid
It must be taken into account that providing additional days off to employees not established by labor legislation and internal labor regulations does not allow them to work out standard working hours, which may lead to a reduction in employees’ wages. When establishing an additional day off, the employer must also provide for the conditions for its payment, since it deprives employees of the opportunity to work on a day that is not legally a non-working holiday or day off (part two of Article 22 of the Labor Code of the Russian Federation).
Due to the lack of orders, the employer plans to make May 4-6, 2016 a holiday by issuing a corresponding order. Providing additional days off by decision of the employer will not violate the rights of employees only if such days of rest are paid for.
The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work (Article 234 of the Labor Code of the Russian Federation). The wording of Article 234 of the Labor Code allows us to assert that the above list is not exhaustive. Consequently, the obligation to compensate the employee for the earnings he did not receive arises from the employer not only in situations directly mentioned in this norm, but also in any other cases of illegal deprivation of the employee’s opportunity to work, including as a result of the illegal establishment of a part-time working regime (cassation ruling of the IC in civil cases of the Tula Regional Court dated February 17, 2011 in case No. 33-476).

Rostrud also points out the need to pay for additional days of rest established by the employer (letter of Rostrud dated December 19, 2007 No. 5202-6-0), explaining that the employer, when providing employees with additional days off on its own initiative, must also provide for the conditions for their payment. According to officials, payment for an additional day off set by the employer should be made based on average earnings. A similar position is reflected in judicial practice (the determination of the Judicial Collegium for Civil Cases of the Perm Regional Court, adopted on a cassation appeal against the decision of the Chernushinsky District Court of the Perm Region dated August 28, 2002, presented in the Review of Cassation and Supervisory Practice in Civil Cases for 2002 (review text was not officially published)).
Since in this case additional days off are provided at the initiative of the employer, the provisions of Article 128 of the Labor Code, including those regarding employees filing applications, do not apply to this situation. It is enough to familiarize employees with the order to provide an additional day off, against their signature.
Is it possible to change the working day to a weekend?
For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by the Government of the Russian Federation (part five of Article 112 of the Labor Code of the Russian Federation). Labor legislation does not provide the employer with a similar right, so he cannot, on his own initiative, declare a working day a day off with the condition that employees will go to work on another day, which is a day off for them. The only possible option is to attract employees, with their consent, to work on a day off with mandatory compliance with the rules established by Article 113 of the Labor Code, subject to payment for such work at an increased rate in accordance with the requirements of the law or the provision of another day of rest at the request of employees (Article 153 of the Labor Code RF).
EXAMPLE
Having issued the corresponding order, the employer made working Saturday 02/20/2016 (Russian Government regulation No. 1017 dated 09/24/2015) a day off, moving the working day to another day off. The transfer of a working day to a day off, formalized in this way, is contrary to the requirements of the law.
Note that, within the meaning of part three of Article 153 of the Labor Code, another day of rest is given to those employees who have already worked on a day off. Therefore, it is impossible to consider the release of employees from work, for example, on February 20, 2016 (Regulation of the Government of the Russian Federation dated September 24, 2015 No. 1017) as “another day of rest” if they are brought to work on a day off later than the day off from work. If you choose this option, being hired to work on a day off must take place before the day you are released from work.

Important!
When providing an additional day off without payment, the employer, in fact, unilaterally introduces part-time working hours for employees, which is allowed either by agreement of the parties (Article 93 of the Labor Code of the Russian Federation), or in exceptional cases on the initiative of the employer with mandatory notification of employees about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated the need for such changes, in writing no later than two months in advance (Article 74 of the Labor Code of the Russian Federation).