Application for time off for previously worked time - drafting features

29.08.2021

Often, an employee of an enterprise or company needs to take a day off to stay at home during working hours or go on personal business that cannot be transferred to weekends.

Despite the fact that the term itself is quite widespread, there is no clear definition in the labor legislation.

Nevertheless, Article 153 of the Labor Code states that the day off is a paid day off, which is credited to the next vacation.

However, there may be a slightly different understanding of this concept: an employee can take a day off as compensation for a day off or holiday worked.

Providing time off for previously worked hours

1. To whom and in what cases

An employee of a company or enterprise has the right to be granted time off if he has overtime for which he has not received monetary compensation, going to work on weekends or on holidays.

The same can be said about working overtime. As mentioned above, the employee has the right to take paid time off on account of the next vacation.

Such moments are regulated by Article 152 of the Labor Code of our state.

In particular, regarding overtime work, everything is expressed here as clearly and clearly as possible:

The first two hours of work after the end of the official working day must be paid at least one and a half times the average hourly wage, and all subsequent overtime hours are paid at double the rate.
All these compensations must be spelled out in the employment contract, as well as prescribed in the regulations of the enterprise.
If the employee has a desire, then instead of monetary compensation, he has the right to compensation for the time spent in proportion to payment. It turns out that for the first two hours of processing, the employee has the right to take three hours of paid rest, respectively, each subsequent hour of processing gives the employee the right to rest for two hours during a normal working day, and all this time will be paid in full.

If we consider the Labor Code in detail, then the employee has every right to choose between overtime pay and time off for it.

The employer does not have the right to decide for the employee the type of compensation.

However, several points must be taken into account. First of all, when applying for time off, the employee will have to notify his management in advance of this without fail.

Moreover, it is not at all necessary to wait for the consent of the authorities - a written statement regarding the provision of time off will be quite enough. It must indicate the date of the day off, as well as the processing time for which it must be provided.

If such a rule is neglected, absence from work will not be considered a day off, but absenteeism, and for such an offense the employer has every right to dismiss under the relevant article of the Labor Code.

There is another way to get paid time off. The fact is that every employee officially employed in the company has the full right to paid annual leave. Due to this time, an employee can take time off, and it does not matter if it will be one day or several.

Nevertheless, such an action will have to be coordinated with the employer without fail. In addition, it must be taken into account that with a similar breakdown, at least one of the parts of the vacation must last at least two weeks or 14 calendar days, so you can take vacation on account of time off for no more than the remaining 14 days.

2. How to issue

In order for the design of time off to become competent, an employee of the enterprise must write an appropriate application for a request, demand or notice of time off. Here he needs to indicate - during what period of processing he needs a day off, and also on what specific day he plans to use it.

When this paper is drawn up, it must be sent for signature to the head of the company or division. If there are no obstacles at this instance, the application is sent to the personnel service, which is already preparing the corresponding order. The employee is introduced to him against a receipt.

In the timesheet, in which the accounting of working hours is prescribed, this day will be affixed to the employee as a day off. A variety of good reasons (family circumstances, and so on) may be the reason for providing time off without pay, in other words, at your own expense.

How to write a leave application

Since the concept of "time off" does not officially exist, then, accordingly, there is no form for an application for time off. But there is an application for the provision of a day off on account of vacation, for the provision of leave without pay, and for the provision of a day off for previously worked time.

1. Structure and details

If an employee of the enterprise has a need for an additional day off, then if he has overtime or exits on weekends, after hours, he will strive to use them.

Unfortunately, not all employees of companies are familiar with all the intricacies of labor legislation, so they most likely will not be able to competently draw up such a statement. If the application is drawn up incorrectly, then such a scenario is not ruled out that it will not work to take advantage of the additional day off.

The employee first needs to carefully consider what exactly he will write in his application. It must be remembered that there is simply no such thing as time off in the legislation.

Therefore, in the application it is better to call it an additional day off with the preservation of wages with the exact indication of the processing time.

The main thing is that the very fact of processing is documented, otherwise it will not be possible to get such a day off. Only in the case when this moment is documented, you can count on an additional day off, which will be paid in the same way as a worker.

It should also be remembered that the concept of time off at one's own expense is not in Russian legislation. It also needs to be spelled correctly. You can take a day off on account of vacation or try to write an application to be given a day off without pay.

The employee must first sign the application with his immediate supervisor. Without his signature, it is unlikely that you will be able to get the desired day off. It is possible that the secretary will have to register this paper in order for it to be able to move.

The structure of the application for time off should be as follows:

It is always written in the name of the director of the company, therefore, it is first prescribed that the application is intended for him.
Further, indicate the surname, name and patronymic of the director.
They write from whom this statement is from - the position, as well as the last name, first name and patronymic of the employee.
In the text of the application, they write what type of time off is needed (on account of vacation, on account of previously worked time, or at their own expense), the date and reason.
At the end, they put a signature and the number when this statement was written.

2. How to specify the reason and date

The reason for the time off is not very important when making an application. The main thing is to justify the need for an additional day off. This can be done through standard wording - for family reasons and so on.

However, indicating the date is very important not only for the immediate supervisor (so that he knows exactly which day the employee will not be at the workplace), but also for employees of all other services of the enterprise, in particular, the personnel department and a number of other departments.

They must put down in the appropriate report card the paid day off for the employee who decided to take the day off.

There may be several reasons for granting time off. The main ones are:

Family circumstances.
Health status.
The need for travel.
Personal problems and so on.

Many employees write an application for time off without explaining the reasons, however, in this case, it is highly likely that the boss has every right to refuse to provide a day off or force him to rewrite the application.

When an employee of an enterprise has one or more days of processing or work on weekends, then, as mentioned earlier, he has the right to receive at least a day off. Nevertheless, it is mandatory to warn the head of the need to provide time off.

Many enterprises allow you to “take leave” verbally, without resorting to writing a statement, however, it is better for an employee to play it safe, since situations at work can be different.

It is especially difficult to take into account a verbal agreement if a large number of employees are subordinate to one manager: he can simply forget about such a request. Therefore, it is best to reinsure yourself and write a statement about the need to provide a paid day off.