Rules for compensating time off. Do I have to pay for time off when leaving at my own request? Compensation for time off upon voluntary dismissal

Despite the fact that time off is not listed in the list of types of rest time in
Art. 107 of the Labor Code of the Russian Federation, they are nevertheless a separate type of time
rest provided to employees as compensation for work in
certain conditions or for performing certain actions, in
in particular:
1) for overtime work (part 1 of article 152 of the Labor Code of the Russian Federation);
2) for work on a day off 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 Article 186 of the Labor Code of the Russian Federation).
The mechanisms for using these days of rest are not prescribed in the Labor Code of the Russian Federation.
The 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 associated medical
examinations.
In all other cases, the employee and employer independently resolve this issue by agreement between themselves.
I don’t see any 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 is an example of the implementation of step 1. Squiggles.
An employee of the organization wrote a letter of resignation on July 5, 2006 due to
at your own request from the date of submission of the application. Besides,
the employee submitted an application requesting a recalculation
wages for May in terms of payment for hours worked due to
production necessity and with the consent of the employee 4 hours during non-working hours
holiday on May 1 (Article 112 of the Labor Code of the Russian Federation), in connection with which previously
the employee’s application was submitted, he should have been given another day
rest (time off) July 7, 2006 Should the organization produce
recalculation of wages for May and how to reflect it in the organization’s accounting
final settlement with the employee? Employee's salary
is 10,500 rubles. The employee's next vacation has been used;
wages for June 2006 have been paid.
In accordance with paragraph. 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 this
in writing two weeks in advance. By agreement between the employee and
the employer may terminate the employment contract before the expiration
notice period for dismissal. Moreover, on the day of dismissal of the employee
the organization must make a final settlement with it (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 make payment within 3 working days. Salary
the fee for July is 1500 rubles. (RUB 10,500 / 21 days x 3 days, where 21
days - number of working days with 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 (Spring and Labor Holiday (Article 112 of the Labor Code of the Russian Federation))<*>. Optional
employee, the organization should have provided him with another day of rest - 7
July, as a result of which, according to Art. 153 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
4 hours worked by him on a non-working holiday.
The Labor Code of the Russian Federation does not contain rules on the procedure for settlements with an employee in the event that
the employee still has the date of termination of the employment contract
unused rest days with this employer that are not subject to
payment. We believe that since the Labor Code of the Russian Federation does not contain the corresponding
prohibition, then the employee’s new application 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 pays additional wages to the employee for May.
<**>Ensuring the right of every employee to rest, including
provision of days off and non-working holidays, as well as
ensuring the right to timely and full payment of wages
payments are one of the principles of legal regulation of labor
relations (paragraph 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 recruitment
employee to work on a day of rest or double pay for
time worked on a non-working day, or a one-time payment for
time 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 his request, because
failure to provide compensation in one form or another violates the principles
legal regulation of labor relations.

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

The employer believed that his actions did not constitute an offense. In support of its position, the company indicated that when hired to work on weekends, the employee agreed in writing to be paid for such work at a single rate with the provision of other days of rest. The employee did not indicate the time of use of time off, and in the future they were provided to the employee upon his application. However, some rest days were not used by the employee until the moment of dismissal. The employer believed that by paying for rest days at a single rate, he acted in accordance with the law. The employee’s use of rest days depended on his discretion; the employer had no right to force the employee to take time off, and the fact that the employee did not spend some of them before dismissal does not give rise to the employer’s obligation to compensate them in any way.

Must the employer provide the employee with a proportionally calculated rest period depending on how much he worked on a day off or a non-working holiday, or is he obliged to provide a full day of rest? The answer is in "Encyclopedia of solutions" Internet version of the GARANT system. Get 3 days free!

However, the court did not agree with such arguments. As stated in the decision, it follows that single payment for work on a weekend or non-working holiday is made only if the employee was given a day of rest. If the employee has not exercised his right to another day of rest, the employer is obliged to pay the employee additionally for work on the corresponding day off. This point of view is quite widely represented in judicial practice (appeal ruling of the Investigative Committee for 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 stated that the legislation does not provide for the payment of compensation for unused time off; such compensation is established only for unused vacation days (

Answer to the question:

In this case, it is advisable to issue an order in any form to pay the employee appropriate compensation upon dismissal.

For work on a day off, an employee has the right to claim double pay or single pay with the provision of another day of rest. Failure to provide compensation in the form of additional pay or another day of rest is a violation of the employee’s labor rights and may result in consequences for the organization and its officials. This conclusion can be drawn from the provisions of the Labor Code of the Russian Federation.

Read about time off for the employee even more at the link.

Thus, if an employee expressed a desire to use additional days of rest for working on weekends, and subsequently did not use them, then upon dismissal, the employer will pay a single daily rate for each unused day of rest.

There is a legal requirement according to which every fact of economic life must be documented in 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 registration of time off will help you avoid mistakes in your work.

Considering that the payment of compensation for unused additional days off due to an employee for working on weekends will have an impact on the cash flow in the organization, such a payment must be documented in a primary accounting document, that is, an order. Formally, it can be assumed that such a document will be an order of dismissal and there is no need to draw up other documents. However, to minimize the risk of possible claims from regulatory authorities, it is advisable to issue an order in any form to pay the employee appropriate compensation upon dismissal (see appendix to the answer below).

Details in the materials of the Personnel System:

ORDER No. 102-k

Read about order to dismiss an employee More information in the article at the link.

on payment of compensation for unused additional days off for working on a day off

Moscow03.12.2012

Due to the dismissal of the manager A.S. Kondratieva(order from 03.12.2012 № 64-K) taking into account those due to the manager A.S. Kondratiev additional days off for working 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 a day off due to the manager A.S. Kondratiev 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

With respect and wishes for comfortable work, Igor Ivannikov,

HR System expert

______________________________________________________________________

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

At many enterprises, work on weekends or beyond the norm is compensated by providing time off. And a large number of workers quit before they have used up the accumulated time. These unused days upon termination of the employment relationship must be compensated to 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 the labor inspectorate, it is recommended to pay the funds in the same way as this should have happened if additional vacation days had not been provided.


Are time off paid upon dismissal?

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

If there is no documentary evidence, then everything will depend on the integrity of the manager. The employee will definitely not have to count on payment, but the employer may allow the employer to take the days off required by law.

Dismissal with time off

Among the duties of employees is a 14-day work period if they leave the company of their own free will. Many of them take unused vacation time for this period. Also, this opportunity is relevant not only if there is a duty to work off. Vacation followed by dismissal is a fairly common procedure. For her according to the article 127th from the Labor Code of the Russian Federation the following conditions must be met:

  • a correctly written and submitted application by the employee;
  • coincidence of vacation time with the approved schedule;
  • The reason for dismissal is the employee’s non-culpable actions.

There is no need to submit two applications - to quit and to go on vacation. One contact to the employer indicating both requests is sufficient. 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 Article 153 of the Labor Code of the Russian Federation. According to its content, the employee should be given two scenarios to choose from:

  • double payment for the time worked;
  • one-time payment for time with the provision of additional unpaid days off.

In the second case, the length of time the employee worked does not matter - he must be given a full day of rest. If these days are 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, upon termination of the contract (dismissal), an additional amount of the same amount will be paid.

Calculation of time off upon dismissal

All unused time off upon termination that is officially documented must be paid in accordance with what it was awarded for. For example, if an additional day of rest is available to an employee for overtime work, then the 152 art. Labor Code of the Russian Federation. It says that the tariff rate for the starting two hours above the norm is multiplied by 1.5, and for the rest of the time by 2.


In the case of working on weekends, the actual time can be immediately multiplied by two. Therefore, you need to carry out your own calculation for each individual bonus day. The simplest option is a non-financial calculation. Subject to an agreement between the employee and the employer, the former can simply take the accumulated number of days off before officially resigning.

Application for leave with subsequent dismissal

Below is a sample application for leave with subsequent termination of the employment relationship. If the employee has accumulated unused unpaid days, then the application is drawn up in a similar way. It is submitted to the name of the employer and the text indicates the desire to take the required days off and quit immediately after that. At the end there is a date and signature.