The Majority of working people in the service from 8.00 to 17.00 daily during weekdays. Unfortunately, the majority of agencies working on the same schedule, which means that employees sometimes have to leave work to solve their problems, for example, take a Bank loan, obtain a passport or to collect necessary information. In addition, sometimes there are force majeure circumstances, when the employee is vital to leave the service for personal reasons.
Therefore, every working person needs to understand what is off and how it properly execute.
The labour code does not include the term “off”. But there is the concept of “overtime” and “compensation for overtime in the form of additional leave”. So the time off – is a colloquial term that denotes an additional (non-planned) rest day. However, all these legal niceties do not interfere with the understanding of the parties, and if the employee requests compensatory time off for earlier time worked or for overtime, any employer is well aware of what was going on.
1. The employee has the right to take the day off if he has unpaid overtime, working in weekend and public holidays, overtime.
2. The employee may take the day off.
3. The employee may arrange unpaid leave.
Now, let us examine each of these cases separately. But we turn first to the labour code.
Overtime Compensation is regulated by the article 152 of the labour code, and in accordance with the law, it looks very clearly and concisely:
1. For the first two hours of overtime the employee is paid not less than a half size.
2. For all subsequent hours – no less than double size.
3. Cash compensation for overtime work may be determined by collective or labor agreement and local regulations.
4. At the request of the employee, overtime may be compensated by an additional rest time is not less than the hours worked overtime.
According to the labour code compensatory time off for overtime work is provided at the request of the employee. What does it mean? In fact, this formulation prohibits an 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 the weekend.
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However, there are several points that you need to remember. First, it is impossible without prior arrangement with the employer not to go to work – even with the hours worked it will not be considered compensatory time off and absenteeism. Second, the law provides the first opportunity to take a day of rest, and subsequently to work for it. And third, the worker is entitled to only one form of compensation-either money or compensatory time off for weekend or public holiday.
Every worker is entitled to paid annual leave. And this time, the employee may take a day or few days as needed. They are issued as an unscheduled vacation and paid accordingly. But this mini-vacation can be issued only with the consent of the employer.
It Must be remembered that if such a split of at least one of the parts shall not be less than 14 calendar days. It is impossible to obtain the entire vacation time off – once a year the employee must retire not less than two weeks.
So, we learned what a personal day for the previous hours worked and that such time off for unused vacation. But what about those who have no recycled hours and already over the holiday? Such workers can take a day or a few days of rest at his own expense.
It is very simple. In the name of the employer written statement of all days (hours) without pay, indicating the reasons. Based on the application of the employee to provide unpaid leave. Or not give, it all depends on the wishes of the employer.
The fact that no one is obliged to release the employee from service only on request. There are several valid reasons under which an employee definitely make a vacation – the birth of a child, death of close relatives, wedding, and each of these cases specified by law, and sometimes provided and collective or employment agreement.
But in all other cases, the compensatory time off without pay is at the discretion of the employer, and only he will decide whether there are sufficient valid reason at the employee for leaving work. Sometimes the solution to this question depends on the relationship of the worker and his boss, sometimes the situation, such as urgent work, inability to find a replacement in case of continuous production, etc.
Compensatory time Off for overtime at the expense of vacation or without pay are made about the same. The only difference will be in the wording and in how it will be paid this time.
First you need to write a statement. It is written on a standard A4 sheet. In the upper right cornerissued “cap”
Director of “Plus”
A. G. Petrov
L. E. Ivanova
This is the simplest “standard” option is intended for those cases when the organization does not have its blank applications for such cases.
Then on the sheet to spell the word “statement”, below the header and centered. After that you can write the main text:
1. For personal day off: “Please provide me 14.07.14 day off due to annual leave”.
2. Compensatory time off for time worked earlier: “Please provide me 13.08.14 day off for the earlier time worked 07.08.14 (indicate specific date).
3. A day without reading: "Please provide me 07.03.14 leave without pay". A few days: “……. 5 calendar days from 02.04.14 at 07.02.14”
The same statement can be issued for a few hours: "Please provide me 3 hours without pay 23.07.14”.
At the end put signature and date. Sometimes in the application for granting leave without pay is required to specify the reason, in this case, we can add “…for family reasons». Don't need too much detail to paint the problem, you need to leave, if circumstances so require, in the application, you can specify “…for the doctor's visit” or the other, but this text should be extremely concise.
In order to receive compensatory time off for overtime at the expense of vacation or without pay, the statement must be signed by the employer. Then issued the order under which the employee receives an unscheduled paid or unpaid leave.
Sometimes it is very difficult to get time off for previously worked time. The employer simply does not want to release the employee at a convenient time and finds a lot of reasons for failure. How to deal with it? For starters, you can take time off and monetary compensation-usually money the authorities much more reluctant to leave than work for a while. But this room will be possible only if all processing is documented.
In all other cases you will have to compromise, perhaps go on some concessions. It's always frustrating, but such a situation can be avoided. You need to have a “white” salary, in case of cash compensation to obtain normal payment and duly execute and record all outputs to work at the weekend or on holidays, processing, etc. Those who have «gray» salary and conditionally “flexible” schedule, the only hope for the integrity of his employer.
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