Most working people are at the service of from 8.00 to 17.00 every day on weekdays.Unfortunately, most of the institutions working on the same schedule, which means that staff sometimes have to leave work to solve their problems, for example, take a loan from a bank, get a passport, or to collect the necessary help.In addition, sometimes there are force majeure, when the employee is vital to get away from work for personal reasons.
Therefore, every working person should be understood that such time off and how to properly arrange.
What a day off?
in the Labour Code is not the term "day off."But there is the concept of "overtime" and "compensation for overtime in the form of additional leave."So a day off - a colloquial term for an additional (not the plan) a day of rest.However, all these legal technicalities do not interfere with the understanding of the parties, and if an employee requests time off for hours worked before or for processing, any employer understands what is at stake.
To put a day off?
1. An employee is entitled to take a day off if it has not paid overtime, work on weekends and public holidays, overtime.
2. An employee can take time off on account of holidays.
3. A staff member may arrange unpaid leave.
So, analyze each of these cases separately.But first, let us turn to the Labour Code.
Art.152 TC RF
Payment of overtime is governed by Art.152 TC RF, and according to the law, everything looks very clearly and succinctly:
1. For the first two hours of overtime the employee receives pay for at least a half rate.
2. For all subsequent hours - not less than twice the amount.
3. Monetary compensation for overtime or may be determined by the collective labor agreement, as well as local regulations.
4. At the request of the employee overtime can be compensated by additional rest, the time is not less than hours worked overtime.
time off for hours worked previously
According to the Labour Code time off for overtime work is provided at the request of the employee.What does this mean?In fact, the wording prohibits the employer to determine the form of compensation for the employee.The worker must decide for himself whether he wants to receive payment or compensatory time off for working on weekends.
However, there are a few things that you need to remember.Firstly, it is impossible without prior agreement with the employer not to go to work - even in the presence of working hours is not considered to be a day off, and absenteeism.Second, the law does not provide an opportunity to take the first rest day, and then work it.And third, employees shall be only one kind of compensation - either money or time off for the weekend or holiday.
a day off on account of holiday
Each employee put paid annual leave.And by that time, the employee may take a day or a few days if necessary.How they are made unscheduled leave and paid accordingly.But this mini-vacation can be issued only with the consent of the employer.
must be remembered that at this breakdown, at least one of the parts must not be less than 14 calendar days.That is not to get your whole vacation time off - once a year employee must retire no less than two weeks.
unpaid leave
So we learned that a day off for the time worked before and what is a day off for unused vacation.But what about those who have no recycled hours and is over vacation?So employees can take a day or a few days of rest at his own expense.
Make it very simple.In the name of the employer's written application for days (hours) without pay, indicating the reasons.Based on the application an employee provide unpaid leave.Or do not give, it all depends on the willingness of the employer.
The fact is that no one is obliged to release the employee from service only at the request of the latter.There are several valid reasons under which an employee is required to draw up a vacation - a birth of a child, the death of close relative, wedding, and each of those cases stipulated by law, and sometimes provided and the collective or employment contract.
But in all other cases, the provision of time off without pay at the discretion of the employer is, and only he will decide whether there is enough good reason for an employee leaving work.Sometimes the solution of this question depends on the relation of the worker and his boss, sometimes on the state of affairs, such as emergency work, it is impossible to find a replacement in the case of continuous production, and so on. D.
How to make a day off?
compensatory time off for overtime, on account of holidays or without pay are made about the same.The differences are only in formulations, and how to be paid this time.
First you need to write a statement.It is written on standard A4 paper.In the upper right corner is made "cap»:
Director General of LLC "Plus»
AG Petrov
economist
LEIvanova
This is the easiest "standard" version, designed for those cases where the organization does not have his application form for such cases.
then on the sheet is written the word "declaration", the following caps and the middle.You can then write the main text:
1. For the time off on account of vacation, "Please give me a 07/14/14 day by annual leave."
2. time off for hours worked previously: "Please give me a day off for 13.08.14 previously spent time 7.8.14 (specify date).
3. Day without content, "Please give me 07/03/14 leave without pay." Few days "....... For 5 calendar days from 02/04/14 at 07.02.14»
The same statement can be issued ona few hours, "Please give me three o'clock without pay 23.07.14».
placed at the end of the signature and the date. Sometimes, in a statement on the provision of leave without pay is required to specify the reason, then we can add "... for family reasons". You do not need too much detail paint the issue on which you need to leave work, if circumstances so require, in the statement, you can specify "... to visit the doctor," or both, but the text should be very concise.
orderto get time off for overtime, on account of holidays or without content, the application should be signed by the employer. Then the order is issued on the basis of which the employee receives unscheduled paid or unpaid leave.
search of compromise
Sometimes it is very difficult to get time off for hours worked previously.The employer simply does not want to let go of an employee at a convenient time and finds a lot of reasons for refusal.How to fight it?For starters, you can not request time off and compensation - usually with money boss parted much more reluctantly than working for a while.However, this number will be possible only if all processing documented.
In all other cases will have to find a compromise, perhaps go on some concessions.It is always unpleasant, but such a situation can be avoided.To do this, you need to have a "white" salary, in case of cash compensation receive normal pay, and duly execute and record all going to work on weekends or public holidays, recycling and so on. D. Those who have "gray" wages andconditionally "flexible" schedule, can only hope for decency of their employer.
