Upon dismissal, the employee did not take an extra day off. Court: unused time off by the employee upon dismissal must be paid

The court considered a dispute about the legality of bringing the employer to administrative responsibility for delay wages(Decision of the Tambov Regional Court dated June 18, 2018 in case No. 7-230 / 2018). State labor inspector fined joint-stock company due to the fact that the employee, upon dismissal, was not compensated for the days of rest unused at the time of dismissal for work on weekends.

The employer believed that there was no corpus delicti in his actions. In support of its position, the company indicated that when hired to work on weekends, the employee agreed in writing to pay for such work in a single amount with the provision of other days of rest. At the same time, the employee did not indicate the time of using the time off, and in the future they were provided to the employee at his request. However, some rest days were never used by the employee until the moment of dismissal. The employer believed that by paying a single amount of rest days, he was acting in accordance with the law. The use of rest days by the employee depended on his discretion, the employer had no right to force the employee to take time off, and the fact that the employee had not used up some of them before dismissal does not give the employer an obligation to compensate them in any way.

Should the employer provide the employee with a proportionally calculated rest time, depending on how much he worked on a weekend or a non-working holiday, or is it obliged to provide a full day of rest? The answer is in "Encyclopedias of Solutions" Internet versions of the GARANT system. Get it for 3 days for free!

However, the court did not agree with such arguments. As stated in the decision, it follows that a single payment for work on a weekend or a non-working holiday is made only if the employee was given a day of rest. If the employee still has not exercised his right to another day of rest, the employer is obliged to pay the employee for work on the corresponding day off. This point of view is widely presented in jurisprudence(appeal ruling of the IC in civil cases of the Voronezh Regional Court dated December 7, 2017 in case No. 33-9238 / 2017).

However, the opposite position is no less common among judges, in support of which it is indicated that the legislation does not provide for the payment of compensation for unused time off; such compensation is established only for unused vacation days (

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 the seventh of December, he resigns on their own without taking 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.

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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 for valid reasons, the obligation to issue them and payment details 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 making the right decision can be influenced by knowing that:

• for overtime work and 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 work, since he simply did not have time to use this right due to termination 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.

Does the employer have to pay for the employee's unused time off upon termination labor relations of your own free will? Unfortunately, this issue is not specifically regulated by law. 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 happen in the month of overtime work, then a collision may arise when determining the method for calculating the hourly tariff 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.

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. No matter what arguments the persons attached to additional work workers, in return they expect from the employer quite tangible and adequate gratitude. An acceptable expression of gratitude for the employee would be additional rest time or paid time off for work on weekends and holidays.

Normative base

The first thing that needs to be learned for those who are going to understand the topic, whether a day off is paid is that they will not find this concept anywhere in the Labor Code. A day off, by mutual agreement, the parties to an employment relationship call a free day given to an employee during a period when the company's schedule assumes his normal employment. In other words, if the company works from Monday to Friday, then the absence at workplace to any of weekdays... If release from labor on this day is not stipulated before its onset, then it will rightly be called absenteeism.

In fairness, it should be noted that although there is no concept of day off in the shopping center, the term "additional day of rest" is repeatedly encountered. By mutual agreement with the employer, you can get it for:

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

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

• You can ask for a few days to offset the duration of the next main or additional leave, chapter 19 of the Labor Code;
• If the paid days in the working period have already ended, then the employer may agree to the provision of days without payment, Art. 128 TC.

And if the way of registering a free day does not particularly bother an ordinary employee, then the question of paying time off for work on weekends and holidays can become really relevant.

Obligatory right to non-categorical leave

No one can argue with the assertion that the offer to work longer is expressed by the superiors more persistently than the willingness to let go of work. But when working hours already recorded in the report card or there are unchecked days of rest for previous periods, it is much easier for the employee to heed his requests. Free days, begged "in advance", are more difficult to get. The argument can be some urgent or good reason indicated by the employee in his statement. This equally applies to a situation where an employee asks for leave at his own expense. In the latter case, however, circumstances may arise when the employer will be disarmed due to the status of the person who applied or the nature of his problem:

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

Paid and unpaid time off

For those who intend to ask for extra day your employer, you need to clearly understand that the question of whether time off is paid is not entirely correct. There are several options for approaching financial security:

• Days of absence do not imply payment at all, Art. 128 TC;
• Failure to appear implies retaining the average earnings of Art. 167, chapters 19 and 28 of the Labor Code;
• Day off is not paid, since it was chosen by the employee himself as a way to compensate for overtime work or on weekends, Art. 152 and 153 TC.

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

Provide time off in indicated by the employee day, the employer is only obliged if the employee was previously involved in overtime work. If free time off without good reason ask workers who do not belong to the preferential category under Art. 128, then the employer has every right to refuse their request.

Types of time off

The legislation does not in any way regulate the permissible number of recruits to work outside working hours within the framework of the activities of one enterprise. In fact, you can issue such orders at least every day, the main thing is that there are real reasons for this and the consent of employees. It is necessary to discuss with them the issue of compensation for such hours. There is not much choice: increased pay or additional free day.

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

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

Overwork on weekdays or turnout on weekends

No reason to stay at work after expiration working day or the end of the shift will not be able to detain an employee for more than 4 hours a day and more often than twice in a row. Accordingly, this time can be paid according to the rules of Articles 152 and 153 of the Labor Code, depending on the day of the week (in one and a half or two times the amount).

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

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

It's another matter when total hours exceeded the monthly, quarterly or annual rate (but not more than 120). The processing time can still be "given away" on weekends, and the payment can be charged in a single amount. However, in the summary sheet, a person's salary will be more than the established salary due to the increased number of hours worked in the report card. The decision by days of additional rest entails a change in the amount of payment. For all hours worked, wages are charged at a single rate, and days off are not paid at all, Art. 152 and 153 TC.

Payment for work on holidays

Work on holidays according to the Labor Code, and more specifically, according to Art. # 153, equated to work on weekends. According to the law, remuneration for labor is not less than double, but it can also be increased if such is provided for by the collective or individual agreement... There are subtleties that are important to know:

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

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

Overtime pay

The problems described in the previous paragraph may arise from the management, even if no one is going to pay. It is quite possible that the employee suddenly changed his mind and applied to replace the rest days with money.

Immediately it is necessary to make a reservation that the employer has the right to refuse such a replacement, provided that the form of compensation has already been stipulated in the order for engaging in work and the days have been agreed upon. But if the bosses intend to meet the employee halfway, then the doubts of the accounting department about whether the time off for the previously worked time is paid and by what method to calculate should be dispelled in additional order by the enterprise.

For those who are faced with similar situations more often than several times a year, it is more correct to enshrine these provisions in a collective agreement. If there is no desire to make changes to one of the fundamental documents, then you can simply publish this rule in a separate local document of the company (order or order). To avoid controversy when determining compensation for unused time off, it is easier to find an opportunity to provide earned rest time during the warning period.

Time Off Compensation

Rarely is a dismissal spontaneous. Unless, as a result of a rapidly developing conflict. In this situation, among the unsettled items, there may also be one that should answer the question of whether the time off is paid for the processing ordered by the order, upon dismissal? The employee's excitement is understandable. Indeed, when signing documents on attracting additional work, he might not have imagined that he might not finish working until the day of the day off enshrined in him. 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.

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

Preparation of a statement

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

• The date or period of the alleged absence must be indicated;
• Provide a reason (from a hackneyed "" to some exotic event), which will seem convincing to the employer;
• Indicate your wishes regarding the payment of time off (on account of paid vacation or without financial support);
• Mention the available documentary evidence (attach copies).

Whether the manager signs a paper written by an employee largely depends on the validity of the reasons or the status of the employee specified in the document. You can get a convenient form for filling out an application on our website ()

Payroll or vacation pay

From a legal point of view, it is not time off that is payable, but overtime worked or the period of work on weekends and holidays. The rule is that "extra" hours are compensated based on the salary, in proportion to the monthly, quarterly or annual working hours. If, instead of financial compensation, the employee chose a vacation, then the payment is made in a one-time amount, and the day off is not paid at all.

The calculation principle is quite simple: the salary or output for the selected billing period is divided by the rate of days or hours (for the current month, quarter or year) and multiplied by the amount of time worked (days or hours). If a person asked for time off in order to reduce the duration of future vacation, then we will talk about average earnings. 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.

Effect of time off on seniority

According to some authorities, the time off received as compensation for overwork 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.

Free admission to work within 14 days a year will not affect seniority, Art. 121 TC. The legislator does not prohibit providing an employee with a longer unpaid rest, but then his length of service for obtaining annual leave is interrupted and the start date is shifted. In all other cases, non-attendance at work, which is not reflected in the labor contract, will not in any way affect the labor or insurance record, which cannot be said about the amount of wages paid.

The on-going recycling policy at the facility is inconsistent with Labor Code, and, ultimately, does not make the work of employees more efficient. The key to success in team management is the correct distribution of the workload and competent work rationing. But, since the need to go out after working hours happened, then timely payment or time off will help to extinguish the displeasure of employees.

Lawyer of the collegium of legal protection. He specializes in handling cases related to labor disputes... Defense in court, preparation of claims and others normative documents to the regulatory authorities.

12.03.2018

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

But there is an important detail here: in comparison with 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 it over in order to accept the right decision 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 find that in fact the employee received double payment.

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.

Since the beginning of 2012, the legislative concept of "day off" is considered obsolete and removed from labor law.However, even today, an additional day off, to which an employee of an organization has a legal right, is often subsumed under this concept. Is there compensation for such a weekend upon dismissal? How do you pay? How to protect your rights and receive compensation if the employer refuses to satisfy the request of the resigning person?

How to use time off when leaving?

Dismissal, especially if it is dictated by the employee's own desire, implies the performance of his duties for another two weeks. This period is called working off. However, there are legal ways to circumvent these norms indicated by labor legislation, for example, you can write a letter of resignation while on sick leave or on vacation, arguing this with your own desire. Also for this purpose, you can use the right to take unused time off upon dismissal.

It is important to understand that the concept itself implies an additional day off, which the employee has the right to designate the date independently. In this case, coordination with the boss / employer is a prerequisite, otherwise, absenteeism and dismissal of the employee can be put on the work sheet, which is responsible for keeping track of working hours, not at his own request, but under the relevant article. To avoid this kind of trouble, it would be correct to write a statement for the weekend on account of working off, by analogy with an unused vacation.

Time Off Compensation

Compensation for time off for work on weekends and holidays according to the Labor Code of the Russian Federation upon dismissal is not provided. In this bill, there is only a mention of unused vacation, to which such days are legally irrelevant.

Payment in this option is the goodwill of the employer, which he can either show or refuse to fulfill. But there are a number of nuances, for example, for work on such days, an employee can receive double the daily salary, or write an application for unscheduled rest. In this option, the employer when an employee leaves the enterprise, especially if he is dictated by his own desire, is obliged to pay for such days, but again on condition that the company maintains appropriate records.

Are the time off paid upon dismissal?

Several factors affect the final verdict of the employer, and more specifically whether payment of time off will be carried out upon dismissal:

• Origin;
• Availability documenting: employee statement, management order, etc .;
• The employee's desire to receive an estimate in monetary terms for an additional weekend.

To be able to protect your interests and competently parry the arguments of an unscrupulous employer, you need to be legally savvy. Since this situation has a number of nuances, knowledge of which in many cases allows the employer to reduce costs.

Payment of time off upon dismissal of your own free will

If the time off, overtime or overtime is not documented in the organization, the employee can either walk them off, or forget about their presence, since the Labor Code of the Russian Federation does not regulate these issues in any way. If everything was done correctly from the very beginning, then in order to avoid potential litigation, the employer can compensate for the unused time off of his own free will.

Only time off for donation is subject to mandatory payment , such workers are obliged to provide both additional rest and proper calculation. If the employee wants to receive payment for this time, the employer is obliged to agree to his conditions.

If the employee, of his own free will, refuses to rest and insists on payment, then the employer will make the right decision to understand that the employee, if he refuses to satisfy his requirements, may go to court, which will entail even greater costs for the organization.

Payment of time off for work on weekends upon dismissal

Work on weekends and holidays implies an increased payment for this time, or the accrual of rest days. If the appearance of the weekend was preceded by duty, then the employer with a high degree of probability will refuse compensation when the employee leaves work of his own free will.

In case of a positive answer from the employer, posting and calculation should be made according to the following algorithm: an employee's statement with a deadline, an order to pay compensation, an accounting entry for payment. Calculation and payments must be made by analogy with the next vacation.