According to Article 153 of the Labor Code of the Russian Federation, an employee has the right to take time off in exchange for double pay for work on a weekend or holiday. The Labor Code does not contain such a concept as “time off”, but in practice we most often call it the additional rest time that an employee is entitled to in the form of compensation for work on weekends and non-working holidays.
In order to take advantage of time off, the employee must write a corresponding application, and the employer, based on this application, issues an order (drawn up in any form) and introduces it to the employee against signature. In the time sheet, time off should be indicated as “NV” (for state and municipal institutions - “A”).
It should be noted that the employee must express his desire to take time off instead of additional pay at the time he agreed to work on a weekend or holiday. At the same time, at the time of consent, the employee does not have to indicate a specific date for the future day of rest. You can indicate it later - when filling out an application for time off.
The employer has no right to refuse to provide time off (just as he cannot provide time off at his own discretion instead of double pay), since the specific type of compensation for work on non-working days is determined at the request of the employee (this is indicated by part 3 of article 153 of the Labor Code of the Russian Federation and the Recommendations Rostruda No. 1 dated 06/02/2014).
!!! An exception is the case if an employment contract is concluded with an employee for a period of up to two months. In such a situation, work on a weekend or holiday is compensated only with additional pay (Article 290 of the Labor Code of the Russian Federation).
Some employers mistakenly believe that options for compensating an employee (time off or increased pay) for working on a weekend or holiday can be prescriptively established in the organization’s local regulations, for example, in the Internal Labor Regulations. This should not be done, because... the employee’s right to choose the type of compensation is limited, thereby worsening his position in comparison with the norms of the Labor Code of the Russian Federation.
An employee can take advantage of time off both in the current month, when work was registered on a weekend or holiday, and in any of the subsequent months. The period during which an employee can apply to the employer with a request to provide him with another day of rest is not established by law.
Moreover, according to Rostrud, if an employee works on a holiday or day off and chooses another day of rest in another month, then such work is paid in a single amount, and the salary for the entire month in which the employee chose a day of rest is paid in full, no reductions. That is, it is considered that the person has fully worked out his monthly quota. Such clarifications are given in the letter of Rostrud dated February 18, 2013 No. PG/992-6-1.
People often ask: how to provide an employee with time off for working on a weekend or holiday, if on that day the employee worked part-time, for example, four hours out of eight?
In such a situation, you are obliged to provide a full working day off, regardless of how many hours the employee worked on a weekend or holiday, since Article 153 of the Labor Code only provides that the employee may be given another day of rest in exchange for time worked on a weekend (holiday), but does not provide for the dependence of the duration of rest on the duration of work on a weekend or holiday.
In practice, situations quite often arise when an employee, without using his right to time off, decides to quit. In this case, how can he be compensated upon dismissal by being hired to work on weekends and is this possible?
According to Article 127 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid monetary compensation for all unused vacations, but time off is not essentially a vacation. Therefore, unused days off are not subject to monetary compensation upon dismissal of an employee. To avoid possible disputes with the employee, we recommend that you give him the opportunity, before dismissal, to use the time off that has accumulated during his work in the organization. To prevent such situations (when time off accumulates), the employer can independently develop and approve a procedure according to which employees will use time off, for example, limiting the period of use of an additional day of rest to the calendar year.
Topchiy Irina Alekseevna, Deputy General Director of the Legal Protection Group of Companies
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All employees are provided with days off (weekly continuous rest). With a five-day work week, employees are given two days off per week, and with a six-day work week - one day off.
The general day off is Sunday. The second day off in a five-day work week is established by a collective agreement or internal labor regulations. Both days off are usually provided in a row.
For employers whose work suspension on weekends is impossible due to production, technical and organizational conditions, days off are provided on different days of the week in turn to each group of employees in accordance with the internal labor regulations.
Comments to Art. 111 Labor Code of the Russian Federation
1. The employer is obliged to provide all employees with compulsory weekly rest, the duration of which cannot be less than 42 hours (Article 110 of the Labor Code).
The general day off for both 5- and 6-day working weeks is Sunday. Due to the fact that both days off in a 5-day work week are usually provided in a row, the second day off in practice, in accordance with the collective agreement or internal labor regulations, is Saturday or Monday.
When recording working time in summary (Article 104 of the Labor Code), days off are provided to employees in such a way as to ensure the standard duration of weekly continuous rest (Article 110 of the Labor Code) on average for the accounting period.
2. With a 5-day working week, employees are provided with 2 days off each calendar week, except for those weeks when on one of the days off the schedule is compensated for shortfalls up to the standard working hours. This occurs when the sum of hours for 5 work shifts is less than the weekly norm. The shortfall is compensated on one of two days off, which is declared a working day according to the schedule. Typically, the shortfall is repaid as it accumulates during the accounting period.
For all regular and short-time workers, schedules must maintain an annual balance of working and non-working hours.
The specific duration of weekly rest is determined by the type of working week and work schedule. With a 6-day working week, the duration of weekly rest corresponds to the established minimum.
With a 5-day work week, weekly rest exceeds 42 hours, since workers take 2 days off. If, due to production conditions, it is impossible to provide 2 days off in a row, then the second day of weekly rest is established in accordance with shift schedules or internal labor regulations.
3. If a day off coincides with a non-working holiday, the day off is automatically transferred to the next working day after the holiday (Article 112 of the Labor Code).
In connection with numerous questions related to the duration of work on a day off, transferred to a working day due to a holiday, the Russian Ministry of Labor clarified: in cases where, in accordance with a decision of the Government of the Russian Federation, a day off is transferred to a working day, the duration of work on this day (former day off) must correspond to the duration of the working day to which the day off was transferred (Resolution of the Ministry of Labor of Russia of February 25, 1994 No. 19 “On approval of the explanation “On the duration of work on a day off, postponed due to a holiday to a working day”).
4. Article 262 of the Labor Code provides for the right of one of the parents of disabled children to be provided, upon his written application, with 4 additional paid days off per month, which can be used by one of the named persons or divided among themselves at their own discretion.
According to the explanation of the Ministry of Labor of Russia and the Federal Social Insurance Fund of the Russian Federation dated April 4, 2000 N 3/02-18/05-2256 “On the procedure for providing and paying additional days off per month to one of the working parents (guardian, trustee) to care for disabled children” 4 additional paid days off for caring for disabled children and people with disabilities from childhood until they reach the age of 18 are provided per calendar month to one of the working parents (guardian, trustee) upon his application and are issued by order (instruction) of the administration of the organization on the basis of a certificate from the social authorities protection of the population about the child's disability, indicating that the child is not being kept in a specialized children's institution (belonging to any department) on full state support. The working parent also submits a certificate from the other parent’s place of work stating that at the time of application, additional paid days off in the same calendar month were not used or were partially used.
In cases where one of the working parents has partially used the specified additional paid days off in a calendar month, the other working parent in the same calendar month is provided with the remaining additional paid days off for care.
Summation of additional paid days off provided for caring for disabled children or people with disabilities since childhood, for 2 months. or no longer permitted.
Additional paid days off not used in a calendar month by a working parent (guardian, custodian) due to illness are provided to him in the same calendar month, provided that the temporary disability ends in the specified calendar month.
5. For the provision of additional days off to persons combining work with study, see Art. Art. 173, 174 Labor Code and comments to them.
6. Women working in rural areas are given, at their request, 1 additional day off per month without pay (Article 262 of the Labor Code).
7. Employees on a business trip use weekly rest days at the place of the business trip, and not upon returning from it, because they are subject to the work and rest time regime of the organization that sent them. The exception is when, by order of the employer, the employee goes on a business trip on a day off; then, upon returning from it, he is given another day of rest.
In practice, this procedure is also applied in cases of going on a business trip by order of the employer on a non-working holiday.
8. In organizations where work cannot be interrupted due to the need to serve the population (shops, consumer services, theaters, museums, etc.), days off are established by local governments. When recording working hours in a summarized manner, weekly rest time is also summed up and provided on average for the accounting period.
9. An additional monthly day off may be granted without pay upon written application to one of the parents (guardian, trustee, foster parent) working in the Far North and equivalent areas with children under the age of 16.
Many citizens are forced to work on weekends or holidays because the employer insists on this. For such activities, the head of the enterprise is obliged to provide employees with the opportunity to take additional time off or receive double pay. Most often, citizens prefer to take time off for work on weekends. Therefore, you should understand how they are correctly drawn up, what documents are issued by the employer, and also when exactly the hired specialist can rest.
Rules for compensation for overtime work
When drawing up an employment contract, all the rules of cooperation with a specific employee are stipulated. A special work schedule is formed for him, on the basis of which he is required to go to work. But often the employer insists that the employee work on his day off or on a holiday. For such extracurricular work, appropriate compensation should be offered, and the direct employee himself chooses the method:
- receiving double pay for time worked;
- registration of time off for work on weekends according to the Labor Code of the Russian Federation.
The direct procedure for involving a citizen in extracurricular work presupposes that the employee initially receives a written document with an offer to go to work on a day off. If a citizen signs this document, he confirms his consent to off-hour work. The head of the company issues an appropriate order, after which he is obliged to provide compensation to the employee.
What kind of compensation is chosen?
Based on Art. 153 of the Labor Code determines what amount should be paid to an employee who agrees to work on a day off. The minimum wage for such a day is equal to double earnings.
Often, a fixed amount of payment is established by a company’s collective agreement or even by internal regulations. At the request of the employee, instead of payment, he is provided with paid time off for working on a day off. For this, absolutely any convenient day is chosen when the citizen wants to fully relax. It is enough just to write a competent application in advance.
The nuances of getting time off
Many official employees of enterprises prefer to take time off for work on weekends. They give you the opportunity to fully relax on any convenient day. An additional day of rest is provided under the following conditions:
- the citizen previously worked on his day off or on a holiday;
- was on a business trip for a long time, so he had many days off during which he performed official duties;
- the work was carried out overtime;
- On a day off, a citizen donated blood.
Time off is not a type of vacation and is not considered a form of government support. It is provided to every citizen who has the right to rest, for which it is enough just to write an application for time off for previously worked time, which indicates exactly when the applicant plans to rest.
Design rules
If a person previously worked on a weekend or holiday, then he has the right to take time off at any time. Immediately upon signing the notice received from the employer, he can indicate on what day he plans to rest. Therefore, when issuing an order, the head of the company can specify when additional time for rest will be provided. There will be no need to issue another order in the future under such conditions.
Orders are drawn up in any form. If a document is generated on the basis of which an employee is sent on vacation for previously worked time, then the employee’s signature is placed on it.
How is it reflected on the report card?
Providing time off for work on weekends must be reflected in the company’s accounting sheet. When making an entry, provide the following information:
- it is stated that the employee was sent on vacation on the basis of a specific order, and his details must be given in the report card;
- if a standard report card in form T-12 or T-13 is used, then codes “NV” or “28” are entered;
- if the company uses special time sheets that it developed independently, then a code is created that means that the employee was sent on leave based on previously worked hours;
- It is allowed to use generally accepted codes;
- There are often situations when the employer does not issue an order to send a hired specialist on leave, so the time sheet indicates that the employee came to work at the appointed time, but the employer can be held liable for such actions, so this method is rarely used by firms.
It is advisable for the company to correctly register time off for work on weekends. If the report card contains information that the employee was at work on a specific day, and at the same time an accident occurs to him or he commits illegal actions, then the company may be held criminally liable.
Nuances for budget organizations
In budgetary organizations, the recording of employees’ working time is carried out using a special time sheet in the form 050421. This document does not provide for the presence of special marks indicating the employee’s time off. Therefore, each organization independently determines how time off for previously worked time will be reflected in the document. The Labor Code of the Russian Federation does not contain specific requirements for this process.
Most often, in budgetary institutions a special order is issued, on the basis of which special designations or codes are introduced.
Rules for scoring
The law does not contain exact deadlines during which an employee can apply to their manager to receive time off for working on weekends. Therefore, hired specialists independently make decisions regarding this issue. But at the same time, it is important that the citizen does not previously receive double pay for his overtime work.
You can use the right to time off in the same month when you worked on a weekend or holiday, and you can also apply to your employer for rest in subsequent periods. Typically, business managers require that the day off be issued before the end of the calendar year. Regardless of the employee’s choice, his salary is not reduced.
Specifics of using time off
Registration of time off for work on a weekend assumes that a full day is provided, regardless of how much time the citizen spent performing work duties on the weekend. Even if only two hours were worked that day, the employee can count on time off for 24 hours.
If an employee works on the basis of a fixed-term employment contract, the duration of which does not exceed two months, then he is not given time off, so only monetary compensation is paid for working on a day off.
Accounting rules in 1C
Many companies use the 1C program to record various information, so an accountant must know how time off is reflected correctly. Using this program, you can calculate the salary of each employee, determine the length of the working day and length of service, and also through it the salary for work on a day off is calculated in double amount.
When entering data into the program, the following rules are taken into account:
- it is stated whether the employee uses monetary compensation or additional time off;
- if time off is selected, the accumulation system stores the standard number of working hours actually worked by the specialist;
- data from the order and application is entered, which leads to the automatic debiting of the required number of hours from the reserve.
Time off is included in the employee's total length of service.
How is unused time off compensated upon dismissal?
If a person who has the right to time off for previously worked time has a need to leave the company, then he or she considers in advance the possibility of receiving various compensations. Usually he has unused vacation days. Based on Art. 127 of the Labor Code, he may demand compensation for such days in the form of a monetary payment.
But time off is not equivalent to vacation, so this rule does not apply to them. If you decide to quit, then it is advisable to take care in advance to take advantage of these days of rest. Paid time off for work on a weekend is not assigned upon dismissal, so these days simply disappear.
You can take advantage of these days of rest even if you are dismissed at the initiative of the employer or in case of layoffs. The head of the company must ensure that the employee has the opportunity to take time off before issuing a dismissal order.
Can an employer refuse?
The employer does not have the right to refuse to provide a day off for overtime work. By law, the head of the company must either pay compensation or offer a free day off. The choice of a specific option is made by a direct employee of the company.
The day of rest is chosen by the direct employee, so the employer cannot refuse. A citizen can change his decision, so instead of a day of rest, he can demand monetary compensation.
How much time off is provided for working on a weekend?
For working on a weekend or holiday, an employee can require only one day of rest, even in a situation if he copes with his work duties in an hour.
It is not uncommon for an employee to accumulate several days of compensatory leave, so he or she may require the employer to provide an appropriate number of days of rest. The head of the company cannot refuse such a request.
Rules for drawing up an application
To use time off, a citizen must write an application for time off for the time previously worked. The law does not have exact requirements for this process, so it is allowed to draw up a document in free form. But at the same time, the following information must be included in it:
- the name of the company where the applicant works is indicated;
- the full name and position of the citizen applying for time off is given;
- the name of the document submitted by the application is indicated;
- the reasons for taking time off are included, so it is indicated that the citizen previously worked overtime, therefore, based on legal requirements, he can count on an additional day of rest;
- links to relevant regulations are provided;
- the exact date when the citizen wishes to rest is indicated;
- the date of drawing up the application is indicated;
- the applicant's signature is affixed.
The document must be drawn up in advance so that the employee’s going on vacation is not a surprise to the employer. Therefore, it is advisable to notify the head of the company about the decision made several days before the actual day off. It is possible to write a statement immediately before the day of rest, but only if there are compelling reasons, since the employer may react negatively to such behavior of his employee. This is due to the fact that the director may simply not have time to find another specialist to work on that day.
If the application is not drawn up correctly, the employee’s absence from the workplace may be regarded as absenteeism, which is a serious violation of the company’s internal regulations. Therefore, disciplinary action may be applied to the employee, which includes a reprimand or even dismissal if there are systematic violations.
Conclusion
If an employee is required to work overtime on weekends or holidays, he can choose monetary compensation or time off. An additional day of rest is issued at any time, so the employer cannot create obstacles.
To go on vacation, you must fill out an application in advance. It contains information that the citizen previously worked overtime.
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 national 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 time sheets 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, 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.
The same can be done 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, then 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.
