Every person working in the company officially has the right to take a day off for various reasons. Days of rest may be paid by the employer or may be provided at the expense of the employee of the company. At the same time, it is important to correctly write an application for leave, containing a reason for providing a day of rest, as well as the date when a person will be absent from his workplace. Such an additional day off may be provided only with prior agreement with the employer.
What is a day off?
This concept is absent in the shopping center, but there is information about an additional day off. It is provided during working hours, which is certainly reflected by the company's specialists in the report card.
Based on Art. 153 such a day acts as “another day of rest”, therefore, payment is not charged for it. The exception to this is when the time off is provided at the expense of standard annual leave.
If a person, for various reasons, plans to be absent from the workplace on a specific day, then he must independently notify the employer in advance. If just an employee of the company does not come to work, then this will be considered a gross violation for which a disciplinary sanction may be applied to the employee.
Verbal requests are considered to be few, therefore, a compulsory application for a day off at their own expense or on account of vacation is compiled. The employer has the legal right to refuse an employee to receive such an additional day of rest.
Who can take a day off on demand?
An employer in the Labor Code may refuse to arrange such a day off for employees, but there are some categories of employees who, upon request, can count on it. All such persons are listed in Art. 125 shopping mall. These include:
- citizens who have reached retirement age, and as much as they can get an additional weekend in the amount of 14 days;
- people with different disability groups can take holidays at their own expense for up to 60 days;
- participants of the Second World War are provided with up to 35 days annually for additional days of rest
- relatives of soldiers who died while serving may also receive rest at their own expense for up to 14 days.
Additionally, the employer cannot refuse a day off if the employee has good reason. They are as follows:
- donate blood, but you can get a day off only on the day when this procedure is directly performed, and the person does not go to work the next day;
- marriage, for which 5 days of rest are given at work;
- the death of a close relative allows you to arrange 14 days off;
- if an employee has a baby, then he can also get 5 days of rest.
In any situation, you must correctly write a statement for a day off containing the reasons for designing a weekend. In this case, it is important to agree in advance with the head of the company regarding the absence of a specialist at work for a certain number of days.
Offsets
These weekend days differ only in whether they are paid by the employer or not.
Paid holidays are issued only for future vacations. Therefore, the report card also indicates that on a particular day a person is on annual mandatory leave. An application for time off on vacation is simple enough.
If a holiday for processing is required, then payment is calculated on the day when the specialist actually carried out labor activities.
In all other cases, an unpaid day off is provided. It can be issued for various reasons:
- for processing;
- for work on weekends or holidays;
- for exceeding working hours;
- for business trip days per weekend, even the days of arrival and departure are included here;
- on account of future vacations;
- without payment.
Each type of day off is prescribed individually in the report card. Based on Art. 91 TC maximum working day is 8 hours, but per week cannot exceed the number of working hours 40. If the shift method of work or irregular working hours is used, then working hours are negotiated with the employer, after which it is recorded in the labor agreement.
If citizens work in harmful working conditions, but they can count on a shortened working day, and they also have the opportunity to arrange additional annual leave, and its duration is at least 7 days a year.
How to get a day off?
It is quite simple to issue a day off, but it must be remembered that in most cases the employer may refuse to provide a day off. The procedure is divided into stages:
- An application for leave by an employee is formed and filed;
- the employer makes a decision;
- if it is positive, an appropriate order is issued;
- a document is transferred to the personnel department and accounting department;
- personnel department employees determine whether a citizen has the right to take a day off based on previously worked days;
- calculation is carried out by the accounting staff, on the basis of which the salary is transferred to the specialist.
Often, employees have good relationships with company executives. Under such conditions, often the employer does not formally formalize a day off as a day off, therefore such information is not available in the time sheet. But even under such conditions, it is advisable to write a statement for a day off. This is due to the fact that during work, the employer is responsible for all employed specialists. Therefore, if an accident or other problems arise, the company's management will be able to prove that the employee did not perform labor duties at this time.
Sample, form and content of the application
An important point is the correct formation of the statement. A sample leave application can be found below. The information in this document may vary slightly, since it depends on the reason and on what grounds an additional day-off is drawn up.
The form may be different, but certain mandatory information should be included in the documentation as a standard. How to write a leave statement? For this, data is included in the document:
- Applicant's full name;
- his position in the company;
- name of the organization itself;
- indicates the name of the chief executive officer of the company in whose name the statement is being formed;
- the name of the document is registered;
- the main text reflects the reason why you want to take a day off;
- indicates a request to release a person from work;
- if the processing was previously, then the exact date when the person worked on his day off or holiday is indicated;
- It is written when exactly an additional day off is needed.
Next, the document is transmitted to the employer. If a positive decision is made by management, an order is issued on the basis of which time off is granted. A sample application for a day off is located below, so after studying this document there will be no difficulties with its independent formation.
For the last working off
Often, employers insist that company employees go to work on their legal weekends or holidays. It is also often necessary for citizens to stay in the workplace to perform certain duties. Under such conditions, processing occurs, which should be officially recorded. It can be paid in double size, and it can also take a day off on another business day.
An application for a day off for a previously worked day is most often drawn up. Under such conditions, one day of work is usually paid. Day off should be granted even if the employee worked on Sunday for only a few hours. The same applies to people who are on a business trip on their weekends.
When drawing up a leave application for the previously worked time, it is necessary to indicate exactly when exactly the processing was done by the employee of the company. Such processing, required by the direct management of the company, should not exceed 120 hours per year. For each such hour, a double payment or an additional day off should be provided.
During the formation of the application for a day off for the hours worked, you can specify different dates when a person worked overtime for several hours. This document clearly states that you need a day off for processing, and not at your own expense.
On vacation
Often, citizens urgently need to take a day off for personal purposes. If they have worked in the company for more than six months, and also have not used their annual paid leave, then they can use one day of this period to arrange an extraordinary weekend. To do this, use the standard form of the document.
A sample application for 1 day off is located below.
It is important to indicate in the text that a holiday is taken due to vacation, therefore in the future it will be offered by the employer not 27 days, but 27.
Without payroll
If it is impossible to take advantage of past working hours or vacations, then employees, if there are good reasons, can take time off at their own expense. The sample application contains information that you need to get an extra day of rest without saving your salary. Additionally, a reason should be given for such a holiday.
If there are no good reasons for a day off, the employer may refuse to issue it. Most often, documented evidence of a specific cause is required. For example, a person needs to go to court to testify, so he passes the relevant subpoena to the employer.
To donate
Based on Art. 186 TC, each person planning to donate blood or its components may require at the main place of work to provide one day off on that day. Additionally, two days off should be given for examination and rest after blood donation.
In total, 3 days of rest are provided at work for blood donation. To do this, a specialist must bring an appropriate certificate issued at a medical institution to work. The statement shall indicate the reason for the day off, as well as the date when the blood sampling will be directly performed.
Part time
Often, employees need to leave their main place of work for only a few hours. Even under such conditions, it is necessary to correctly compose a statement. It indicates how many hours a specialist will be absent from work. Additionally, the reason for leaving the workplace is prescribed. The document is signed by the head of the company.
Based on the information from the application, the employees of the accounting department correctly calculate the salary, after which the necessary information is entered into the time sheet.
With subsequent development
There is an opportunity to write a leave statement, which indicates that in the future the employee will work on this day. When drafting such a document, the general rules apply.
The text indicates the request to provide a day of rest with subsequent working out. At the same time, it is necessary to agree with the enterprise management about when exactly in the future a specialist will have to go to work overtime.
Nuances of the application
When forming this document, some features and rules must be taken into account:
- handwritten text;
- he is served in the personnel department;
- it is desirable to draw up two copies of the application at once, one of which remains with the employee himself, but first you need to put a mark on registration so that in the future it is possible to resolve various possible conflicts.
If the rules for drafting this application are violated, then the absence of a specialist in the workplace can be considered absenteeism. For this, different penalties may be imposed. If this situation occurs several times in a short period of time, then this may become the basis for the forced dismissal of a specialist.
Thus, the time off can be formalized for various reasons. If there are good reasons, the employer does not have the right to refuse to provide an additional day off, for example, at the death of close relatives or marriage. Some categories of citizens can often fill out such days off, and at the same time, the employer cannot refuse them a vacation. To get an extra day off, it’s important to figure out how to properly draw up a statement.