An additional day off if reduced. Getting compensation for time off upon dismissal: all the subtleties and pitfalls

Is the employer obligated to pay the granted time off for the employee's work on weekends and holidays when the employee is dismissed according to on their own if the employer keeps an official record of time off?

No, I don't have to. Additional rest days provided to an employee for work on weekends or non-working holidays are not subject to payment. In addition, the norms current legislation also, no compensation is provided for the employee for unused additional days of rest for work on weekends or non-working holidays when he is dismissed.

According to Part 3 of Art. 153 of the Labor Code of the Russian Federation, at the request of an employee who worked on a weekend or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and the day of rest is not payable.

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Time off upon dismissal of your own free will

The chief accountant is going to write a letter of resignation of his own free will on December 31. In 2015, the 12th will go to work. Accordingly, out of the prescribed period of 14 days, she still has 3 "working" days. In order not to go to work, the chief accountant is going to "walk off" these days for processing this year. Does she have the right to do so? Or is it our good will to give her these 3 days, and not compensate them with money in the final settlement as compensation for unused vacation?

Article 152 of the Labor Code of the Russian Federation:

Overtime work is paid for the first two hours of work not less than one and a half times, for the next hours - not less than double. Specific amounts of payment for overtime work can be determined collective agreement, local regulation or an employment contract. At the request of the employee, overtime work instead of increased pay may be compensated by the provision of additional rest time, but not less than the time worked overtime.

The key phrase, as you can see, is “optional”.

To avoid misunderstandings about the concepts of "processing" and "overtime":

Overtime work - work performed by an employee on the initiative of the employer outside the established working hours for the employee: daily work (shift), and with the summarized recording of working hours - in excess of the normal number of working hours for the reference period.

The latter is recycling.

We write a letter of resignation of our own free will

Have you decided to quit your job of your own accord, but don't want to work for two weeks? Or, on the contrary, have already informed the management of their decision, but changed their minds to quit? Let's talk about the intricacies of termination employment contract at the initiative of the employee. We will also advise the employee on how to correctly write a letter of resignation.

The following situation prompted me to write the article: recently, one boss forced her employee to write a letter of resignation of her own free will. Moreover, in this situation, it was not necessary to work out for two weeks. Under the threat of dismissal under the article, this employee wrote the requested paper, but, on reflection, decided not to give up so easily. Before withdrawing it, she decided to carefully study the theory and figure out how to write a letter of resignation and how to fight for her rights, if in fact there was no such desire. So let's start in order.

Work two weeks

An employee who decides to terminate an employment contract must notify the employer about this no later than two weeks in advance (part 3 of article 80 of the Labor Code of the Russian Federation). This period begins on the day following the day when the employer received the corresponding application from the employee. The basic formula is “Please dismiss me of my own free will.” Below is the application form for dismissal:

An example of a letter of resignation can be downloaded and used by adding your details.

When asked whether it is necessary to comply with the warning period or not, the Labor Code of the Russian Federation answers:

By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal.

That is, an agreement between the parties is required to shorten the warning period. There are situations when such consent is not required and the employee has the right to terminate the employment relationship within the period specified in his application:

enrollment in an educational institution;

retirement;

changing of the living place;

caring for a disabled person of the 1st group;

violation of labor legislation by the employer.

In all these situations, the employer is obliged to terminate the employment contract within the period specified by the employee.

In order to simplify paperwork, you can prepare a model resignation letter for employees or create a folder on the corporate server containing a set of HR documentation samples, including a sample of how to write a resignation letter of your own free will.

Related materials

How to properly arrange a vacation followed by dismissal

The employee has the right (not the fact that this right will be exercised by the employer), before resigning, to go on paid leave. Article 127 of the Labor Code of the Russian Federation says that the employer can provide leave at the request of the employee before he leaves. The legislation does not clearly regulate this issue, so an employee can write either one or two statements (meaning for dismissal and for the upcoming vacation). In this case, there are no unequivocal recommendations, be guided by the document flow order that is adopted in your organization. The text can sound like this:

Please provide me with annual paid leave from subsequent dismissal.

Regardless of the number of applications, the day of termination of the contract, if the employer nevertheless decides to grant this vacation request, will be the last day of paid rest. If the employer does not want to let the employee go on vacation, he will be obliged to pay monetary compensation for all unused vacation days.

Calculation upon dismissal: how much and when to pay

The company is obliged to pay all compensation, vacation pay and wages to the employee on the last day of his work. If on the day of termination of the contract the employer has not made a full calculation, he is obliged to compensate the leaving employee for his mistake in the amount of at least 1/150 of the key rate of the Central Bank in force at that time from the amounts not paid on time for each day of delay, starting from the next day after the deadline payments and on the day of actual calculation and issuance of a completed work book inclusive.

If, before terminating the contract, the employee first goes on vacation, then the calculation and issuance of all documents must be made before the vacation. If for some reason work book you are not given - this is a serious violation of the law. According to article 234 of the Labor Code of the Russian Federation, in case of a delay in issuing a work book on the day of dismissal due to the fault of the employer, he must compensate the employee for material damage in the form of unearned earnings for the entire delay, if the absence of a work book prevented the employee from finding a new job. Moreover, in this case, the day of termination of the contract will be considered not the day indicated in the application, work or order, but the day of the actual issuance of the work book (clause 35 of the Decree of the Government of the Russian Federation of 04.16.2003 No. 225 "On work books" ).

As stated in this case, the Labor Code, voluntary dismissal on a new date is formalized by an order, and an entry is made in the work book. The previously made entry on the day of dismissal is invalidated. In order to complete all these steps, you need to contact former employer with a written statement about the issuance of a delayed work book to you, compensation for lost earnings and about changing the dismissal record in the work book as of the date of its actual issue.

If the employer refuses to voluntarily fulfill your requirements, you need to go to court. But remember that this can be done only within a month from the day you were fired (Article 392 of the Labor Code of the Russian Federation). If a month has already passed, then it is better that the delay has good reasons. And although the court does not have the right to refuse to accept the claim on grounds of missing the time limit, but if the defendant, that is, the employer, declares this, the court can be lost (unless the court decides to restore the statute of limitations). So keep track of the time or stock up on good reasons.

The employer's responsibility for keeping a work record book at work former employee excluded if two conditions are met:

1. The employee did not show up for her on the day she was fired.
2. The employer sent a notification to the employee about the need to appear for a work book or to agree to send it by mail.

The procedure for dismissal of your own free will

Within two weeks of "working off", the employee's decision to leave of his own free will can be canceled. After all, he has the right to withdraw his application (Article 80 of the Labor Code of the Russian Federation). If before that the employee goes on vacation, he can revoke the document before the day the vacation starts. And if another employee has not yet been invited to this place, who, in accordance with the law, cannot be denied to conclude a contract, nothing can prevent the employee from returning.

The Labor Code of the Russian Federation stipulates that another employee must be invited to writing.That is, the employer's unfounded statement “I already took another one, because you were fired of your own free will” will not work here. There must be written evidence.

In order to withdraw the first statement, you need to write the second. If the employer refuses you - demand from him a written refusal indicating the reasons.

If you were forced to write “of your own free will” and you are not going to negotiate, in this case the next stage is filing a lawsuit. If you are not the only one in the organization, with a forced resignation "on your own", invite all the "offended" as witnesses. Now the courts in such disputes between employees and employers most often take the side of the former. And if the court is won, the loser will be obliged to reinstate you at work and pay salaries for the entire time that this issue was being resolved.

We continue to work

But, let's say, two weeks have passed, you decided to cancel your dismissal from work, and your bosses are in no hurry with the calculation and return of documents. The Labor Code of the Russian Federation provides that if after two weeks the employment contract is not terminated and the employee does not insist, then the statement “of his own free will” loses legal force and the employee is not considered dismissed.

End of story

How did the story end with which we began the article? As expected, the employee was not allowed to pick up the application, and they did not provide evidence of inviting another employee. Knowing how the events would develop, she recorded the entire conversation with the boss on a dictaphone, which included the phrase proving that the paper "of her own free will" was written under pressure. Now this employee is filing a lawsuit and has already found witnesses who, under pressure, were also forced to leave this organization of their own free will. With such evidence, she has every chance of winning this case.

We hope the article answered the question of how to write a letter of resignation correctly. A template for a letter of dismissal of your own free will will help you not to make a mistake in drawing up this important document.

Legal Aid Center We provide free legal aid to the population

Leave time off - time off compensation

At the time of dismissal, compensation is paid to the employee. The employer is obliged to give money for the actually worked period, as well as for unused vacation. These two payments are ubiquitous, but there are also those that arise only in certain situations. This number also includes the situation with the payment of accumulated time off.

In many enterprises, work on weekends or in excess of the norm is compensated by the provision of time off. And a large number of employees quit before the moment when they managed to use the accumulated time. These unused days upon termination labor relations must be compensated for by the ex-employee. And although this issue is not clearly regulated by the Labor Code of the Russian Federation, in order to avoid problems with labor inspectorate it is recommended that the funds be paid in the way it should have happened if the additional vacation days were not provided.

Are the time off paid upon dismissal?

It is possible to pay time off upon dismissal of one's own free will only if the basis for their occurrence was documented. For example, if a person worked on a holiday, and there is an order according to which this shift was paid in a one-time amount and an additional day off was provided, then pay unused time have to.

If there is no documentary evidence, then everything will depend on the conscientiousness of the manager. The employee will definitely not have to rely on payment, but the employer can allow him to take a day off the days prescribed by law.

Dismissal with time off leave

Among the duties of employees there is a 14-day working period if they leave the company at will. Many of them take unused time off for this period. Also given opportunity is relevant not only if there is a duty to work. Leave followed by dismissal is a fairly common procedure. For her, according to article 127 of the Labor Code of the Russian Federation, it is necessary that the following conditions be met:

• a correctly written and submitted application by the employee;
• coincidence of vacation time with the approved schedule;
• the reason for the dismissal is the employee's innocent actions.

There is no need to submit two applications - to quit and to go on vacation. One appeal to the employer with the indication of both requests is enough. The employer himself must issue two orders and properly fill out the work book of the dismissed person.

Time off for work on weekends and holidays according to the Labor Code of the Russian Federation upon dismissal

Issues related to work during weekends and holidays are regulated by Article 153 of the Labor Code of the Russian Federation. According to its content, two scenarios should be provided for the choice of an employee:

double payment for the time worked;

one-time payment of time with the provision of additional unpaid days off.

In the second case, the length of time the employee has worked does not matter - he should be given a full day of rest. If these days turned out to be unused, then the calculation is carried out in accordance with the double payment rule. Since the time worked has already been paid in a one-time amount, the same amount will be additionally paid upon termination of the contract (dismissal).

Calculation of time off upon dismissal

Any unused leave of absence that is officially documented should be paid in accordance with what they were assigned for. For example, if an additional day of rest appeared at the employee's disposal for overtime work, then 152 Art. Labor Code of the Russian Federation. It says that tariff rate for the starting two hours above the norm, it is multiplied by 1.5, and for the rest of the time by 2.

In the case of work on weekends, the actual time can immediately be multiplied by two. Therefore, for each individual bonus day, you need to make your own calculation. The simplest option is non-financial settlement. With an agreement between the employee and the employer, the first one can simply walk off the accumulated number of days before officially quitting.

Application for time off followed by dismissal

Below is a sample application for vacation with the subsequent termination of employment. If the employee has accumulated unused unpaid days, then the application is drawn up in the same way. It is submitted to the employer and the desire to take a walk is indicated in the text. due days and quit right after that. At the end - date and signature.

Do you pay time off upon termination of employment? Should we take them into account?

The employee wrote a letter of resignation on 10/11/2013. She has 8 days off left, should they be taken into account when calculating in the order for dismissal, when we write the days of payment for unused vacation?

Lawyers Answers (1)

Labor legislation does not contain the concept of "day off", so you need to decide what is meant in your case by this.

If we are talking about the unused part of the vacation, then in accordance with Part 1 of Article 127 of the Labor Code of the Russian Federation, the employee must be paid compensation for these 8 days.

If the employee recalled from vacation without the appropriate registration of the recall and he was not recalculated in connection with this, then:

1) you need to recalculate and pay compensation for the remaining 8 days upon dismissal

2) upon dismissal, not taking into account the remaining 8 "time off" is easier, but for the employer there is a risk that during the inspection or upon the employee's complaint, a formal violation will be discovered.

If an employee was involved in work on a day off and he was promised "time off" at a convenient time for him, then:

1) if the exit to work was formalized in writing - the best option will give the opportunity to partake of these extra days rest until the moment of dismissal, they are not subject to payment in accordance with Art. 153 of the Labor Code of the Russian Federation

2) if going to work on a day off was not issued, then here it is possible to issue an order providing for payment in an increased amount for work on weekends, or providing additional days of rest at any time at the discretion of the employee, which are not subject to payment and which must be provided again better until the employee is fired.

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12.03.2018

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

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 raises the question: is it possible to get money for unused vacation?

What if there are unused weekends left?

Russian legislation provides for compensation for overtime work.

Basic Provisions regarding this question:

• Article 152 of the Labor Code of the Russian Federation - the employee himself chooses what type of compensation to receive: money or time off, which will not be paid.
• Art. 153 of the Labor Code of the Russian Federation - work in official non-working days or weekends must be paid twice. Otherwise, the employer is obliged to provide a paid vacation.
• Art. 301 of the Labor Code of the Russian Federation - overtime work on a rotational basis paid for every 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 donating blood.

There are often times when compensation has not been made, time off has not been granted, and the employee is planning to be fired. A fair question arises as to what to do with the time off, how they will be compensated.

Misunderstandings cannot arise, if the processing is officially registered... In this case, the management is obliged to provide days off before the termination of the employment contract or to pay upon termination of employment.

If the agreements were verbal, then everything depends on personality traits the manager, as well as from his relationship with the employee.

Is compensation due?

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

Legislation requires that all facts of economic life be documented.

Facts mean transactions, transactions and any other events that can affect the movement. Money economic entity.

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

This is because truancy compensation affects financial results organizations, that is, falls under the law.

How to arrange compensation correctly for unused days off? This procedure uses the following documents:

1. Employee statement.
2. The order of the employer.
3. Help from the accounting department with the calculation of the amount of compensation.

How are voluntary care paid?

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

• the choice of the employee is 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 when terminating the employment of his own free will? Unfortunately, this particular the issue is not regulated by law Russian Federation .

But there is an important detail here: compared to layoffs or other reasons, when the dismissal occurs on the initiative of the boss, upon termination of the employment contract at his own request, the employee has the opportunity and time to think things over in order to make the right decisions and measures.

It is recommended to discuss this issue with your superiors., personnel workers in order to understand how best to act so as not to lose their days off: take time off before dismissal, or still compensation will be paid for them upon termination of the employment contract.

Payment calculation examples

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

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

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

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

When processing

Example conditions:

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

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

On December 7, he resigns of his own free will, never using the time off. On average, an employee gets 150 rubles per hour.

Payment calculation:

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

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

Note: when overworking, the first two hours of extracurricular work are paid at one and a half rate, and the next - at a double rate.

When working on a weekend

Example conditions:

On October 25, 2018, the employee had to go to work on a day off, having worked 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 weekend.

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

Payment:

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

A similar procedure applies when entering a workplace.

The compensation must be paid on the same day the employee leaves., along with salaries and other payments.

conclusions

Since the beginning of 2012 v Russian law the concept of "day off" ceased to exist... Today it is considered outdated and absent from labor law. Despite this, today the extra day off is habitually called a day off.

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

The employee 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 duties, spending a lot of nerves and efforts, 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 a court, if the leader does not meet halfway. Statistically, the amount that is expected to be received for the time off does not correspond to going to court for her.

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 claim double payment or a single payment 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 labor rights employee and may entail for the organization and its officials... This conclusion can be drawn from the provisions Labor Code RF.

Read about time off for an employee more on 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 legal requirement according to which every fact of economic life is subject to registration by a primary accounting document. At the same time, a fact of economic life is a transaction, event, operation that has or is capable of influencing 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 6, 2011 N 402-FZ.

Article about taking leave 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 flow of funds in the organization, such a payment must be formalized by a primary accounting document, that is, an order. Formally, it can be assumed that such a document will be a dismissal order and no other documents need to be drawn up. However, in order to minimize the risk of possible claims from the 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 annex to the answer below).

Details in the materials of the System Personnel:

ORDER No. 102-to

Read about employee dismissal order more information in the article at the link.

on the 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. Kondratieva(order from 03.12.2012 № 64-K) taking into account that the manager is entitled to A.S. Kondratyev additional days off for work on a day off (order from 02.09.2012 № 49-K)

I ORDER:

Chief accountant A.S. Glebova charge and pay Alexander Sergeevich Kondratiev compensation for unused additional days off for work on the day off due to the manager A.S. Kondratyev by order from 02.09.2012 № 49-K.

Director _________________ A.V. Lviv

I have read the order:

Chief Accountant __________________ A.S. Glebova
03.12.2012

Best regards and wishes for a comfortable work, Igor Ivannikov,

Expert Systems Personnel

______________________________________________________________________

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According to her, two hours of work in excess of the norm are paid at one and a half rate, and all subsequent hours - at a double rate. If an employee was called to work on an official weekend, then the time can be safely doubled. Based on this, for each day it is necessary to make an individual calculation of the payment of compensation upon dismissal. Let's look at a few examples. When overworked Example conditions: In October 2018, in total, the employee worked over the norm for 8 hours:

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

On December 7, he resigns of his own free will, never using the time off. On average, an employee gets 150 rubles per hour. Payment calculation:

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

Day off according to the Labor Code of the Russian Federation

Info

Both parties can be held responsible for this: if something happens to an employee, the organization, in the report card of which it is listed that the employee was at the workplace, will be responsible. An employee can easily get official absenteeism with a warning and entry into a personal file.

Attention

Even if there was a verbal permission from the authorities. This is a subtle point that is best assured on paper in order 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.

After, on the basis of this document, an order is drawn up, with which the employee must familiarize himself and put his signature on it. The order will be in the employee's personal file.

Menu

The order must contain the number, date of publication, information on the basis on which it was issued (statement of the employee), to whom and what time of additional rest is provided. There are situations when an employee needs to go away on business, but he has no overworked time or spare time off.
In this case, with the consent of the manager, the employee can take an additional day off with subsequent working off. To receive such a day off, he needs to write a statement in which it will be said when he plans to be absent from the workplace and work will be carried out, and it is also desirable to indicate the reasons for the required time off (obtaining a loan, collecting certificates for the housing office, etc.).

The provision of time off for previously worked hours is issued in the form of an order. Day off on account of vacation In Art. 115 of the Labor Code of the Russian Federation indicated 28 calendar days holidays that are due to each employee.
However, in Art.

Providing time off to an employee: how to arrange and calculate

Important

Content

• 1 Regulatory framework
  • 1.1 Obligatory entitlement to non-categorical leave
  • 1.2 Paid and unpaid time off
• 2 Types of time off
  • 2.1 Overworking on weekdays or turnout on weekends
  • 2.2 Payment for work on holidays
  • 2.3 Payment for overtime
• 3 Compensation of time off upon dismissal
  • 3.1 Preparation of the application
  • 3.2 Calculation of salaries or vacation pay
• 4 Impact of time off on seniority

According to labor law, it is possible to refuse an employer when he talks about work on weekends or overtime, but somehow it is not very accepted. Does his request go beyond some acceptable framework, or does the authorities abuse their influence.

Time off for employees

The concept of time off as such is not fixed in Russian labor legislation, however, it is a commonly used term denoting the possibility of not showing up for work on days when the presence of an employee at the workplace is provided for by the corresponding work schedule. In general, time off can be understood as any unpaid rest day provided to an employee at the request of the employer.

Time off valid circumstances, the obligation to issue them and the specifics of payment 5. When the employer can refuse to provide time off or compensation At the same time, the Labor Code of the Russian Federation directly regulates the possibility of providing such rest, as well as situations in which the employer is obliged to provide them to the employee without the possibility of refusal.

Leave time off - time off compensation

But on acceptance correct decision knowledge that:

• for overtime work and on non-working days, payment is due at increased rates;
• for non-compliance with labor laws, you can be subject to fines from the inspection authorities;
• if an employee goes to court, you can lose a lot of time and energy and still be forced to pay compensation for unused time off.

After all, if an employee previously wrote a statement that he wants to receive additional days or hours of rest, but did not use them, then by denying him monetary compensation, you can become guilty of violating the law. In fact, the employee is deprived of the right to legal compensation for his labor, since he simply did not have time to use this right due to the termination of the employment contract. Comparing the requirements of Art. 84.1 and Art.

Payment of time off for work on weekends and holidays

How to correctly issue compensation for unused days off? This procedure uses the following documents:

1. Employee statement.
2. The order of the employer.
3. Help from the accounting department with the calculation of the amount of compensation.

How are voluntary care paid? The possibility of paying for unused days off upon dismissal will be affected by:

• the choice of the employee is 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 when terminating the employment of his own free will? Unfortunately, this issue is not specifically regulated by the legislation of the Russian Federation.

Paid time off for work on weekends

It is likely that the time off was supposed to be added to future vacations. In this situation, compensation for vacation and time off will be charged differently.

The first payment is according to the average earnings (Article 139 of the Labor Code), and the second is in proportion to the salary, in a one-time amount. If the dismissal did not occur during the month of overtime work, then a conflict may arise when determining the method for calculating the hourly wage rate.

Depending on what period (monthly, quarterly or annual) is taken as the basis for the calculation, the amount of charges can vary greatly. Least of all disputes arise among those employers who have fixed the chosen method of calculation in the collective agreement.

For those who did not foresee such a situation, it is better to use the scheme using the annual rate of working hours, since this will allow the most objective indicator of the tariff rate to be calculated.

Payment of time off upon dismissal of your own free will

You can calculate it, guided by the provisions of Article 139 of the Labor Code. Accounting adds up the total income for 12 months and divides it first by 12 and then by 29.3. It is this amount, having retained 13% of personal income tax, will be handed over to the employee for each day missed on account of paid vacation. Impact of time off on seniority According to some authorities, the time off earned as compensation for overtime is not included in the calculation of hours worked. This is correct, because in the work sheet they are reflected on the day of actual working off with the OB code or 27 (day off, holiday or overtime). Days of absence by agreement with the authorities, but without salary retention, are affixed by the rationer 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 time off may negatively affect the actual number of hours worked.

Payment of time off: procedure, peculiarities of accruals and compensations

Sometimes they are charged together with vacation days... The table of compulsory time off according to the Labor Code of the Russian Federation. No. Article number of the Labor Code of the Russian Federation To whom the time off is accrued Number of days per year 1 128 Employees of retirement age 14 2 Spouses and parents of those killed in the line of military duty 14 3 Disabled people 60 4 Participants of the Great Patriotic War 35 5 Those who register a marriage 5 6 Those who have died close relative 5 7 For those who have children 5 8 173 For university students, upon admission to a university for passing entrance examinations 15 9 For university students for passing the final certification 15 10 For university students for passing the intermediate certification 15 11 For university students for the defense of the diploma. 4 months 12 University students to pass the state final exams.
The need to leave for a while for personal reasons.

• Feeling unwell caused by a busy work schedule: a desire to rest without using sick leave.
• The need to devote more time to part-time work: reporting period, checks.
• September 1, when you need to accompany the children to school and personally attend the lineup.
• Disciplinary meetings of parents at school.
• The situation when the director of the school in which the children of the worker are trained insists on his personal presence during working hours.
• Wedding of children, relatives, close friends.
• Funeral of relatives, loved ones.
• Serious emotional distress when the employee is morally unable to perform his duties.
• Other personal circumstances.

All this can make the employee want to ask for a vacation at his own expense.

Despite the fact that time off is 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 species time
rest provided to employees as compensation for work in
certain conditions or for the commission of certain actions, 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 a non-working holiday (part 3 of article 153 of the Labor Code of the Russian Federation);
3) for donating blood and its components (parts 2 - 4 of Art. 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.
An 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 related medical
survey.
In all other cases, the employee and the employer independently resolve this issue by agreement between themselves.
I see no 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 registered, then the bureaucrat sitting on the other side of the table will be right.
Here's an example of the implementation of n 1. Squiggles.
An employee of the organization wrote a letter of resignation on July 5, 2006
of their own free will from the date of submission of the application. Moreover,
the employee has submitted an application with a request to recalculate
wages for May in terms of payment for those worked in force
production necessity and with the consent of the employee 4 hours in non-working
holiday on May 1 (Article 112 of the Labor Code of the Russian Federation), in connection with which, earlier
the employee's submitted application should have been given another day
rest (day off) July 7, 2006 Should the organization make
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 employee has used up the next vacation;
the salary for June 2006 has been paid.
In accordance with para. 1, 2 tbsp. 80 of the Labor Code of the Russian Federation, an employee has
the right to terminate the employment contract by notifying the employer about it in
writing in two weeks. By agreement between the employee and
the employer may terminate the employment contract even before the expiration
the term of the notice of dismissal. 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. Since 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 pay in 3 working days. Salary
July fee is RUB 1,500. (RUB 10,500 / 21 days х 3 days, where 21
days - the number of working days for a 5-day working week in July 2006
G.).
In this case, the employee was involved in work on a non-working holiday 1
May (Holiday of Spring and Labor (Article 112 of the Labor Code of the Russian Federation))<*>... Optional
the employee, the organization should have provided him with another day of rest - 7
July, as a result of which, according to Art. 153 of the Labor Code of the Russian Federation 4 hours, worked 1
May, were paid not in double, but in 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 made a request
recalculate wages for May in terms of payment for
worked by him 4 hours on a non-working holiday.
The Labor Code of the Russian Federation does not contain norms on the procedure for settlements with an employee in the event that on
the date of termination of the employment contract with the employee remained
unused y of this employer rest days 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 to replace increased pay for a worked holiday
another day of rest<**>... Based on this statement
the organization adds additional wages to the employee for May.
<**>Ensuring the right of every employee to rest, including
provision of weekends and non-working holidays, and
ensuring the right to timely and full payment of wages
fees are one of the principles legal regulation labor
relations (paragraphs 5, 7, article 2 of the Labor Code of the Russian Federation). These principles are guaranteed by
in particular, the employer's obligation to compensate for the involvement
employee to work on a 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 does not have the right to refuse an employee in his request, since
failure to provide compensation in one form or another violates the principles
legal regulation of labor relations.