Call at an inconvenient time to take time off. How to properly take time off from work. The employee took time off from work for a couple of hours; options for registration: order and personal card

According to the Labor Code of the Russian Federation, an employee has the right to choose in what form he will receive remuneration for work in excess of the established norm. Having taken up labor duties on a day off, the worker has the right to count on double pay or receive money in a single amount, as in a normal working day, but with the right to take a day off at any time at his discretion. However, this rule applies with a 100% guarantee only if the processing is documented, since the concept of time off is excluded from the labor code of the Russian Federation. In what cases does the employer not have the right to deny a subordinate a day off? In the Labor Code of the Russian Federation, there are reasons why an employer is obliged to give an employee a day off.

December 26, 2016if an employee takes time off from work

Home / Day off When getting a job, a person must certainly know their responsibilities. But, along with this, do not forget about your rights. One of the rights of workers under the Labor Code of the Russian Federation is the right to time off.
To take advantage of the additional day off, you should know who he is entitled to under labor law, and under what circumstances. For your information Previously, this concept was included in the labor code: time off was assigned to those who work more than specified in their job responsibilities. Changes made to the Labor Code of the Russian Federation also affected this point.
Now the employee is entitled to receive legal additional days off only in a number of specific cases. What is day off and who has the right to count on it? Day off is considered a day off that an employee receives for performing any overtime assignments. This day is not combined with the weekend according to the schedule.

Day off according to the Labor Code of the Russian Federation

The leader cannot infringe on the rights of his subordinates, for this he will have to incur appropriate punishment. Even despite the fact that this happens by mutual agreement of the parties. Additional information Another example, when it is impossible to replace vacation with monetary compensation: according to the law on the protection of persons who were exposed to radiation exposure as a result of the disaster at the Chernobyl nuclear power plant, their vacation cannot be converted into a monetary equivalent.
When are time off provided? The time off for the time off according to the Labor Code of the Russian Federation, laid down for the additional duties assigned to the employee or for his performance of labor activities outside of working hours, is assigned in different ways, depending on the specific situation. For example, citizens working on a rotational basis, in accordance with the Labor Code of the Russian Federation, have the right to additional days off, attached to the time of their rest.

If an employee takes time off from work

Each of us thought about how to take time off from work at least once. We suggest exploring all the options for safe leaving the workplace to resolve urgent personal matters. Making an excuse! The pattern of behavior is largely determined by the loyalty of the employer, because there are still those who do not overly watch that all employees sit in places "from" to "to".

For them, the main thing is that the company flourishes and the business gets done. In this case, there will be no difficulties with how to take time off from the boss from work. Sometimes, it is not even necessary to report to the boss about the absence in a few hours - he is unlikely to notice the absence from the workplace, and if anything, colleagues will cover it up.

But what if the boss is harsh and controls every step of his subordinates? In this case, you can try to find a valid reason for the urgent solution of problems, and from them, by the way, the boss himself is not immune.

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In these cases, you do not have to think about how to take time off from work for 1 day or more, because labor legislation obliges the employer to provide days off. For family reasons, they must also unconditionally release:

• veterans of the Great Patriotic War (and persons equated to them);
• disabled people with working groups;
• spouses or parents of military and police officers;
• working pensioners.

On account of vacation How to properly take time off from work if all of the above methods did not work? For example, when planning how to take half a day off from work, you can write an application for a day off on account of the vacation, specifying the exact time of absence. The law will not allow the boss not to let the employee go, because this is no longer about time off, but about the provision of extraordinary leave.

Is it possible to take time off from work if the employer is against

In this case, there is no need for a day off order: the absence of a subordinate at the workplace has already been documented. Example of an order: Download a leave order form In a number of individual situations, processing is the direct responsibility of the worker.

• Elimination of the consequences of disasters or other consequences of a destructive force that pose danger and harm to others.
• Prevention of criminal activity, the consequences of which may affect the life, health and well-being of citizens.
• Performing work that is necessary and included in labor duties when the conditions of a state of emergency are introduced in a certain locality or country.

IMPORTANT Refusal of an employee to perform his duties in one of such situations or unauthorized departure will entail serious consequences. This could be disciplinary action or even dismissal.

Took time off from work

An employee cannot demand a cash payment instead of time off according to the Labor Code of the Russian Federation: according to the law, the manager has the right to refuse payments, having released his subordinate on the leave prescribed by law. The employer does not have the right to replace vacation with compensation in a number of individual cases:

• You cannot refuse leave, replacing it with compensation, even with the consent of the parties, if the employee is pregnant.
• You cannot replace vacation with payments for more than two consecutive years: the employee must use the vacation at least once during this time.
• If the labor activity is carried out in harmful or dangerous conditions.
• If the labor activity is carried out by a person who has not reached the age of majority: in our country, this definition means the age of 18 years.

These four cases constitute a legal basis in the Labor Code for refusing cash payments instead of vacation.

Info

By making a compromise, the employer makes it clear that not only the work of the employee is important to him, but also himself. By this act, he shows his location. It would be unwise not to accept such an offer unless there are serious reasons for it. Option number 3. If an employee still needs to leave the workplace on the day when he should be present according to the report card, there is a loophole.

If the bosses refuse to take time off, do not compromise for one reason or another, the employee may become a blood donor that day. This is the only option under the Labor Code of the Russian Federation, when his absence from the workplace will be documented. This will help him avoid absenteeism with the entry into his personal file.

What you shouldn't do if the bosses refuse leave at their own expense:

• To make a scandal will only ruin relations with the authorities, make you look in a bad light.

Good excuses include:

• helping his wife with a car breakdown;
• a call from an elderly lonely neighbor with SOS signals;
• a small child is at home alone;
• be in time for the post office, tax, insurance, social security and other institution, the operating mode of which coincides with your work schedule;
• the unexpected arrival of distant relatives who are treading under the door.

In all these cases, one can only put pressure on the chief's conscience - after all, he is also a man, he must understand. But the less often such "cataclysms" happen, the easier it will be to leave early or stay late at lunchtime.

Is it possible to take time off from work according to the law of the Labor Code of the Russian Federation

Thus, when carrying out labor activities in a particular enterprise, you should be aware of your labor rights, so that, if necessary, use this to your advantage. Employers often take advantage of the fact that their subordinates do not know their rights. This should not be abused either, since many professions involve processing from the very beginning. This is due to the specifics of job duties. This primarily applies to all military and medical personnel. Such professions are not just a job, but a way of life. This must be understood before applying to study in one of these specialties.
For the rest, you need to know your rights and apply them as needed. For this, there is the Labor Code of the Russian Federation.
The need to leave for a while for personal reasons.

• Feeling unwell caused by a busy work schedule: a desire to rest without using sick leave.
• The need to devote more time to part-time work: reporting period, inspections.
• September 1, when you need to accompany the children to school and personally attend the lineup.
• Disciplinary meetings of parents at school.
• The situation when the director of the school in which the children of the worker are trained insists on his personal presence during working hours.
• Wedding of children, relatives, close friends.
• Funeral of relatives, loved ones.
• Serious emotional distress when the employee is morally unable to perform his duties.
• Other personal circumstances.

All this can make the employee want to ask for a vacation at his own expense.

From time to time, my subordinate takes time off from work earlier (to go to relatives, go to the hospital, pay for school, etc.). Once again, he came up with a request to let him go from work for an hour, although it was not the best time since there was a lot of work. Considering that just yesterday he asked for time off for a completely nonsense reason - to pick up clothes from the store - I asked in an indignant tone:
- Where do you need again?
- Employees do not have to report at all where and why they want to leave, but we still report to you, - I received in response
- But in this case, my subordinates will get used to the fact that any of their affairs can be solved during working hours, or they will ask for time off when they get bored at work. You need a good reason to quit your job. And what shall I tell the director?
- Say that in a hospital, for example.
In general, this is a summary of the dialogue. This subordinate did not go anywhere, although I said that it was possible for an hour (although I immediately regretted it). The question is, can I be wrong about something? (during our dispute, the rest of the employees took a neutral position). And if he is right, how can I make this person know that he is wrong? If next time he wants to take time off without voicing the reason, I can say “no”, and to the question “why”, answer something like: “You don't have to report back to me, I’ll also tell you.” I would not like to resolve this issue through peaceful negotiations on my own initiative, I am afraid it will look as if I "cave in". I would be grateful for your advice, thanks!

Psychologists' Answers

Andrey, hello!

You are a strong enough Personality and you have a high sense of justice and responsibility.

Of course, at any job, if an employee really too often asks for a time off somewhere, then he can then be "asked" from work, unless, of course, this is a genius or an overvalued shot.

At one of my jobs, an employee was fired because she spent half a day at Odnoklassniki, her results fell, and the director persuaded her to work more and not be distracted for another 2 months. It didn't help, and the director is really a very world woman. This employee almost did not work like this for 8 months ...

And at that job it was no longer welcome to ask for 1p a month to see a doctor ... But no more, and no more than one hour earlier. The company is very good with a great team and leadership.

I can answer you purely from my personal opinion and very subjectively. To understand objectively, it is better for you to come for an in-person consultation, then you can make out all the nuances and understand more deeply both you and the situation as a whole.

In my opinion, in this situation you did everything right. You are the boss, he is the subordinate. You have the right to go to a meeting, but if a person openly uses it, then you have every right to put him in his place. There are job descriptions of who does what and how long. You are loyal, but next time you can not let him go at all and answer as you see fit, since this is so often repeated.

And YOU can warn him that write a memo to the director if he behaves defiantly. He should report, without specifics, but you need to talk to the doctor or to the store.

As a boss, you also need to be firm, but where it is really needed.

Do not return to this conversation, but if something similar happens, then be firm.

I wish you success and Wisdom!

Sincerely, Irina.

Good answer 5 Bad answer 0

V. V. Danilova

expert of the magazine "Human Resources Department of a Commercial Organization"

Most workers work five days a week for eight hours. And no wonder that they physically do not have time to go to the clinic, the housing office, to the child's school - after all, the opening hours of these institutions are practically the same. Because of the parent meeting, I don't really want to take a day off for the whole day; most often, employees simply ask for time off from work. In this regard, the employer has many questions: what to do with paying for the time of absence, how to take it into account, whether it is necessary to issue it, etc. Read the article - and you will find answers to the above and some other questions.

Indeed, “begging” from work is not uncommon. Basically, employees ask to let them go for a couple of hours or half a day. It happens, of course, they ask for more time - a day or even two.

We must say right away that this situation is not regulated either by the Labor Code or by any other acts containing labor law norms. Therefore, the solution to the issue of registration and payment for the absence of the requested employee depends on various circumstances.

If an employee takes time off for an hour or two

First of all, we note that if an employee decides to leave for personal business at lunchtime, then he does not need to take time off from work. Breaks during the working day (shift), including for rest and meals, refer to the time of rest (Article 107 of the Labor Code of the Russian Federation). And according to Art. 106 of the Labor Code of the Russian Federation, rest time is the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. Thus, during lunch, an employee can be absent from work and resolve his issues without the consent of the employer.

If you need a couple of hours during working hours, you need a corresponding statement from the employee addressed to the head of the organization. You say: why multiply pieces of paper, because you can verbally inform your immediate supervisor and that's it? We believe that a statement is still required. On it, if the manager agrees, the corresponding visa, the signature of the manager and the date are affixed. In this case, the employee will be sure that his absence will not be regarded as a violation of labor discipline, and the employer will also find out that the employee has been absent. In this case, you do not need to issue an order.

For your information

Absenteeism is considered absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, as well as more than four hours in a row during the working day (shift).

Judicial practice also speaks about the need for a statement. So, the employee was fired for absenteeism. Disagreeing, he went to court with a claim for reinstatement, justifying his demands by the fact that he had asked for leave from the director. The court, examining the materials of the case, did not find confirmation of this fact, since the employee did not apply to the employer with any written statements about the need for absence, for example, about granting leave without pay. Accordingly, the dismissal was recognized as lawful (Appellate ruling of the Krasnoyarsk Regional Court dated September 19, 2016 in case No. 33-12406 / 2016).

Note that the absence on the application must be recorded in the time sheet, because the employer is obliged to keep accurate records of the working time worked by each employee. The absence period is taken into account when calculating the employee's salary.

If an employee takes time off for the whole day

Various design options are possible here:

unpaid leave;

annual paid vacation;

Let's consider these options.

Unpaid leave

Based on Part 1 of Art. 128 of the Labor Code of the Russian Federation for family reasons and other valid reasons, an employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer. As you can see, the legislation does not establish either the minimum or the maximum duration of such a vacation. This means that unpaid leave can be granted for any period on which the parties to the employment contract come to an agreement, even for one day.

As can be seen from the wording of the norm, the granting of such leave is a right, not an obligation, and if the employer considers the reason disrespectful, he can refuse the employee an unpaid leave. At the same time, it must be remembered that there are categories of employees that the employer does not have the right to refuse to do so. In particular, on the basis of a written application, the employer is obliged to provide such leave:

working old-age pensioners (by age) - up to 14 calendar days a year;

working disabled people - up to 60 calendar days a year;

employees in cases of childbirth, marriage registration, death of close relatives - up to 5 calendar days;

in other cases provided for by the Labor Code of the Russian Federation, other federal laws or a collective agreement.

If the employee, without waiting for the approval of unpaid leave for one day, does not come to work, and the employer refuses to grant such leave, absence from work can be regarded as absenteeism (appeal rulings of the Krasnoyarsk Regional Court dated 09.19.2016 in case No. 33-12406 /
2016, Rostov Regional Court dated 15.08.2016 in case No. 33-
14008/2016, etc.).

So, such a vacation is issued as follows:

1. The employee writes a statement to the head of the organization, which indicates the date of the vacation and the reasons why it is required. If the application is written for several hours, you need to indicate the specific hours.

2. The manager puts on the application a visa "Agreed" or "I do not mind", and in case of refusal to grant leave - "Refuse".

3. In case of consent of the head of the company:

- an order is drawn up on granting leave without pay (with such an order, the employee must be familiarized with the signature);

- a personal card is filled in (form T-2) - it is necessary to keep records of the number of days of unpaid leave, since the length of service for the provision of annual paid leave depends on this;

- the time sheet is filled in.

The question of paying for the day for which the employee was granted unpaid leave disappears by itself, since everything is clear from the name of the latter.

Annual paid vacation

Each employee is guaranteed an annual paid vacation, which is provided in accordance with the vacation schedule, mandatory for both employees and employers (Article 123 of the Labor Code of the Russian Federation).

note

The vacation schedule is approved no later than two weeks before the onset of the new year, taking into account the opinion of the elected body of the primary trade union organization.

At the same time, nothing prevents the granting of annual leave outside the schedule, if the employee and the employer have come to an agreement on this. We add that, as a general rule, vacation can be divided into parts, one of which is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). But the rest can be used as agreed between the employee and the employer. Therefore, it is perfectly legal to provide one day of annual paid leave.

To obtain an annual leave for one day (if the employer agrees), you need:

1. Receive from the employee a statement indicating the specific desired day.

2. Issue an order granting annual leave.

3. Make the appropriate entries on the timesheet.

Note that in the case of an annual paid vacation for one day, there may be difficulty associated with paying for the vacation. In particular, according to the rule of Art. 136 of the Labor Code of the Russian Federation, the vacation must be paid no later than three days before its start. Moreover, this rule applies to vacation of any length, for a day or two weeks the employee goes to rest - it does not matter.

Therefore, the granting of one day of annual leave is convenient if the employee knows in advance that he needs to leave on that date. However, in most cases, employees ask for time off spontaneously, when certain circumstances arise.

Day off

Despite the fact that the Labor Code does not define the concept of "day off", according to the established practice, day off is considered to be rest, provided as compensation for work or duty outside of working hours. Time off should not be confused with unpaid leave, since it is not provided as compensation for something, but for personal reasons that employees have, or by virtue of the law.

Labor legislation provides for several cases when the employer must provide an employee with a day off for work outside of working hours. (We present them in the form of a diagram on page.)

The procedure for issuing time off is as follows: an employee writes a statement asking for a day of rest, indicating the reasons, for example, for overtime work or work on a day off. (Donors must attach to the application a certificate confirming the fact of donating blood.) On the basis of such a statement, an order is issued, with which the employee must be familiarized with a signature.

Of course, you need to make notes on the timesheet:

- additional days off without pay are designated by the letter code "НВ" or digital "28";

- day of rest for donor workers - with the letter code "ОВ" or digital "27" (additional paid day off).

When involved in overtime work		By virtue of Art. 152 of the Labor Code of the Russian Federation, the first two hours of overtime are paid not less than one and a half amount, the next - not less than double the amount. At the request of the employee, overtime work instead of increased pay can be compensated by providing additional rest time, but not less than the time worked overtime, while rest time is not subject to payment
When attracting to work on a weekend or a non-working holiday		In accordance with Art. 153 of the Labor Code of the Russian Federation, work on a weekend or a non-working holiday is paid at least in double the amount. At the request of the employee who worked that day, he may be given another day of rest. In this case, work on a weekend or holiday is paid in a single amount, and the day of rest is not payable.
When a worker donates blood and its components		According to Art. 186 of the Labor Code of the Russian Federation, if an employee on the day of donating blood and its components, as well as on the day of the associated medical examination, went to work, he is given another day of rest at his request. In the case of donating blood and its components during the period of annual paid leave, on a weekend or a non-working holiday, the employee is given another day of rest at his request. In addition, after each day of donating blood and its components, an additional day of rest is provided.
For processing time within the work schedule when working on a rotational basis		Due to an increase in working hours and a reduction in rest time during the shift period, employees usually accumulate overtime hours, which are paid in the amount of the daily wage rate, the daily rate (part of the salary (official salary) per day of work). Overtime hours that are not multiples of a whole working day may accumulate throughout the year and be summed up to whole working days with the subsequent provision of additional days of rest between shifts. In this case, the underutilized hours of daily (inter-shift) rest, as well as the days of weekly rest, are summed up and provided in the form of additional days off from work (in the form of days of inter-shift rest) during the accounting period

If the employee systematically takes time off

There are workers who constantly need somewhere. Such workers can be assigned part-time work. Article 93 of the Labor Code of the Russian Federation allows the introduction of this mode of work by agreement between the employee and the employer when hiring or in the process of labor activity.

Remuneration for part-time work is made in proportion to the time worked or depending on the amount of work performed. At the same time, work on such conditions does not entail any restrictions on the duration of the main annual paid leave, the calculation of seniority and other labor rights.

To set part-time working hours, you must:

1. Conclude an additional agreement to the employment contract, in which to prescribe the specific start and end time of work, the length of the working week and the period for which part-time work is established. This document is signed by both parties to the employment relationship.

2. Issue an order on the introduction of part-time work for a specific employee, indicating the reasons for this decision.

In addition, we note that the employer may propose to introduce part-time work, and the employee may refuse, believing that it is more profitable for him to write applications with a request for unpaid leave. In such a case, part-time work cannot be set.

So, if employees occasionally take time off during working hours on personal matters, this must be documented, at least with an application with a management visa confirming permission to leave. If they take time off for a day or two, other options are possible - registration of a vacation, paid or unpaid. If the employee takes time off periodically, for example, every Tuesday and Friday for a certain number of hours, it may be worth considering introducing part-time work for him.

In everyday life, each person may have a situation when it is very important for him, for one reason or another, to leave his workplace for several hours.
In this situation, the employee can turn to his immediate supervisor with a request to release him from work for a while. In this case, the decision is made by the manager at his own discretion, so he can ask the employee to write an application for time off. But he can let the worker go without any conditions.

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What it is

In labor law, the concept of "day off" is absent, therefore, when writing an application, there must be a request for an additional day of rest. As a rule, it is allocated through paid leave or self-paid leave that is not paid. In both situations, in accordance with the standards of labor legislation, the employee has the opportunity to legally skip the working day.

Time off is the time of rest that is provided to employees as compensation for overtime work.

If it is granted for the fact of going to work as a full-time job, then its duration does not matter. Day off is provided for the next two weeks. If the employee worked on a weekend or a holiday, then the working time is compensated for 10 days.

The legislative framework

In accordance with article 153 of the Labor Code, an employee is granted an additional day off for performing work outside the established working hours, that is, in excess of the time specified by labor standards. To exercise this right, he must write a statement if he has hours of work. Day off by agreement of the parties instead of a day off can be doubled in cash. Although article 64 of the Labor Code provides for the provision of another day for rest.

The issues of compensating for hours worked are regulated by Articles 88-89 of the Labor Code, where it is noted not only about the granting of time off, but also the amount of payment for the work performed. Article 89 stipulates that compensation for overtime work cannot be granted with time off. If the parties agreed in advance on the provision of time off, then in the order, the order on attracting the employee to work outside the established time, the time allotted for rest is indicated.

Upon reaching an agreement on time off between the employer and the employee, it can be added to the labor leave, which is provided annually according to the schedule.

The employer is obliged to provide unpaid leave in accordance with Article 128 of the Labor Code at the request of the employee in cases stipulated by law. In other cases, he has the right to refuse the request to the employee, regardless of the reasons that led to the need to be released from work during working hours. The time off can be paid in accordance with labor law, if the employee has worked for some time before.

One of these cases is the granting of unpaid leave until:

• 35 days in a year, if the employee is a participant in hostilities;
• 5 working days at the birth of a child, for wedding celebrations;
• 60 days working disabled person, regardless of the reason;
• 14 days working pensioner;
• 14 days an employee who is the husband, wife or parent of a soldier, if he died during military operations as a result of a serious illness received during military service.

But the employee is endowed with the right to receive leave in accordance with Article 122 of the Labor Code after six months, during which he continuously worked for the employer.

The procedure for granting an extraordinary day off

In many enterprises, the collective agreement provides for the procedure for granting extra time as time off. It can also be introduced into the act "Internal regulations", local regulations of the enterprise. The time off must be formalized properly in the manner prescribed by the above acts.

The order is issued on the company's letterhead, in which the date, time of the granted leave, and its duration are noted. It should be prepared for publication by the HR department in accordance with the rules of paperwork for working documents adopted at the enterprise.

As a rule, an employee writes an application for time off if he is listed. It is mainly obtained if the time worked in advance by the employee was not compensated in monetary terms. In labor practice, it is not uncommon for an employer, due to production necessity, to instruct an employee to perform a task on a weekend or holiday.

For the time worked, in accordance with Articles 152-153 of the Labor Code, it is paid in double the amount, but the payment can be replaced by a day of rest in proportion to the working hours worked.

The employee is endowed with freedom of choice, so he can choose independently for a day off or pay for the work performed. If he chooses a day off, then he must write a statement.

In it, the employee must indicate the date, the time for which he needs a vacation or release from work for a certain working time. It serves as the basis for issuing an order for release from work for the time specified in the application. Otherwise, by default, he is paid double the amount of overwork.

Take time off from work on a part-time basis

Issues of this kind are easily resolved in small private firms, where the employee often reaches an oral agreement with the employer to grant a break from work. In this case, the employee undertakes to work the hours that the employer allocated to him at another time. For example, when it becomes necessary to do overtime work.

If the employee needs a short time to resolve his issues, then it is not recommended to write an application for 2 hours in order to arrange a day off, moreover, without saving wages due to inappropriateness. The best option in such a situation is to negotiate with the management in order to obtain permission from the employer.

If the need arises for more time, but not a whole working day, the employee can write a statement, indicating a certain time. It must be endorsed by the management of the enterprise, after which it is attached to the time sheet.

Wages in such a situation are calculated based on the actual hours worked.

An employee can leave the workplace if he obtains the approval of his immediate supervisor. He, if necessary, coordinates his actions with the higher management. Although it is often not necessary to carry out such an action, because he can personally decide the issue of several hours of work by virtue of his official rights.

In enterprises with hourly wages, the management can release the employee for a while, for example, for 4 hours. At the same time, he has the right to deduct the hours of absence of the employee from the total time recorded in the report card, calculating his wages. But it is better for an employee to take a day off for half a working day, having received permission from the employer.

How to write an application for a day off for a few hours

In any enterprise, absenteeism must be properly documented in order to avoid delinquency. According to generally accepted rules, it is reflected in the time sheet, therefore it is in it that the time off for several hours is recorded. The employee must apply to the employer to be granted leave with or without pay.

A time off statement is an official appeal of the employee to the management of the enterprise so that he was given free time during the working hours.

At the same time, in accordance with the provisions of labor law, the organizational and legal form does not matter, because the registration of documentation in all organizations is similar. According to it, the interests and rights of the applicant regarding his labor activity are realized.

Structure

The application is written on plain white paper of A-4 format with the employee's own hand. It is signed by the employee, endorsed by the head of the enterprise, and then transferred to the personnel department for the issuance of an order. In some cases, it can be done orally if the employer has no complaints.

The form of applications for the granting of time off for the following reasons is the same:

• for processing working hours;
• on account of paid leave;
• unpaid leave.

The fundamental difference lies in their content, the wording of the text.

The application form must meet the requirements of personnel records management, although there is no form approved by the labor law. It is written in free form. The addressee, his position, personal data are written in the upper right corner of the sheet. Below is the applicant's personal data, structural unit, position or profession.

The name of the official paper, as a rule, is written in the middle of the sheet. But it is written below at some distance from the above entries. In the main part, a text is written about the provision of free time. The date of writing is stamped on it. The reason for the need for free time does not need to be indicated.

But many employers are required to indicate the reason for the time off, and a valid one. He should not refuse to satisfy the request if the employee wants to leave the workplace when certain circumstances arise.

These include:

• visiting a medical institution in order to obtain medical care for yourself and your young child;
• creation of emergency situations at the place of residence;
• being summoned to a judicial authority to participate in a trial or to perform other actions, for example, as a juror.

All the reasons indicated in the application must be confirmed in the form of a summons, sick leave and other documents.

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Large families are entitled to compensation for housing and communal services. More details in.

Article 106 of the Labor Code of the Russian Federation discloses the concept of rest time: the time during which an employee is free from performing labor duties and which he can use at his own discretion. Article 107 defines the types of such time. Among others, the Labor Code includes breaks during the working day (shift) as rest time - in Art. 108 (for rest and food), 109 (for heating and rest), 258 (for feeding a child). Let's dwell on the latter.

According to the norms of the Labor Law, the employer is obliged to provide, in addition to the break for rest and meals, additional breaks for feeding the child (children) at least every three hours lasting at least 30 minutes. every women with children under the age of one and a half years. If a working woman has two or more children under the age of one and a half years, the duration of the break for feeding is set at least one hour.

Breaks for feeding can be attached to a break for rest and food (lunch) or summarized both at the beginning and at the end of the working day (work shift) with a corresponding reduction. But this can be done only at the request of a woman. Such breaks are included in working hours and are payable in the amount of average earnings.

In other cases, “requesting leave” from work is not regulated either by the Labor Code or by any other normative acts containing labor law norms. Therefore, this issue can be viewed from different angles.

Based on Art. 57 of the Labor Code of the Russian Federation, the condition on working hours and rest time, including the length of the working day (shift), is established by an employment contract and internal labor regulations. Usually, these documents do not provide for the opportunity to take time off from work and work this time.

Referring to Art. 72 of the Labor Code of the Russian Federation, then changing the terms of the employment contract determined by the parties is allowed only by agreement of the parties to the labor relationship, with the exception of cases provided for by the Labor Code of the Russian Federation. An agreement to amend certain terms of the contract is concluded in writing. It turns out that in order to change the working time condition, even for one day, you need to obtain the consent of both the employee and the employer, as well as draw up a number of documents: an agreement on changing the terms of an employment contract, an order, a time sheet. However, none of the employers comply with these requirements in a situation of a single request to the housing office, bank, etc.

If the employee systematically requests to release him "on business" during working hours, you can set him part-time work. Article 93 of the Labor Code of the Russian Federation allows you to enter such a mode of work when hiring or subsequently by agreement between the employee and the employer. Moreover, part-time work can be in the form of part-time work (shift) or part-time work week.

Remuneration for part-time work is made in proportion to the time worked or depending on the amount of work performed. Work on such conditions does not entail any restrictions for employees on the duration of the main annual paid leave, the calculation of seniority and other labor rights.

To establish the specified mode of operation, a statement from the employee with a corresponding request is required, on the basis of which an additional agreement (in duplicate) to the employment contract will be concluded. In the agreement, you need to prescribe the specific start and end times of work, the length of the working week and the period for which part-time work is established. This document is signed by both parties to the employment relationship, one copy is handed over to the employee - after he makes a note of receipt on the copy of the employer. After signing the agreement, an order is issued on the introduction of part-time work for a specific employee, indicating the reasons for this decision.

From the editor. Based on Art. 93 of the Labor Code of the Russian Federation, part-time work can be set in the form of a part-time working day (shift, working week) or in combination - a part-time work week with part-time work. The employer is obliged to establish part-time work (shift, week) at the request of a pregnant woman, one of the parents (guardian, guardian) of a child under the age of 14 (a disabled child under the age of 18), as well as a person caring for a sick member families in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. Part-time work should not be confused with reduced work time, in which the duration of the working time is reduced compared to the normal one. Such working time is a legal guarantee for certain categories of workers, depending on the nature of the work they perform. The employer is obliged to establish a shortened working time regardless of the wishes of him or the employee.

If there are one-time requests to leave work early (come later, leave during the working day), you should take a written application from the employee, enter the actual number of hours worked on that day in the time sheet (Form T-13) and charge the fee for actually worked time.

Quite often, our employees take time off from work - to parent meetings, to the housing office, to the bank, to feed the child, etc. How to draw up such "requests" so that the employer does not pay for them?