home Ways to earn money Features of providing days off. We provide days of rest for work on non-working holidays. What is required for working on a day off?

Features of providing days off. We provide days of rest for work on non-working holidays. What is required for working on a day off?

The introduction of an additional day off in a company is possible subject to payment, since it deprives employees of the opportunity to work on a day that is not legally a non-working holiday or day off. The employer does not have the right to swap working days and days off by order.

Labor relations are regulated by regulatory legal acts of state authorities and local self-government, as well as collective agreements, agreements and local regulations containing labor law norms (Article 5 of the Labor Code of the Russian Federation). The adoption of local regulations is one of the fundamental rights of the employer. The employer is obliged to familiarize employees, against signature, with the adopted local regulations directly related to their work activities (Article 22 of the Labor Code of the Russian Federation).

Weekends and non-working holidays refer to rest time (Article 107 of the Labor Code of the Russian Federation), during which the employee is free from performing work duties and which he can use at his own discretion (Article 106 of the Labor Code of the Russian Federation).

Additional days off must be paid

It must be taken into account that providing additional days off to employees that are not established by labor legislation and internal labor regulations does not allow them to work out standard working hours, which may entail a reduction in employees’ wages. When establishing an additional day off, the employer must also provide for the conditions for its payment, since it deprives employees of the opportunity to work on a day that is not legally a non-working holiday or day off (part two of Article 22 of the Labor Code of the Russian Federation).

Due to the lack of orders, the employer plans to make May 4-6, 2016 a holiday by issuing a corresponding order. Providing additional days off by decision of the employer will not violate the rights of employees only if such days of rest are paid for.
The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work (Article 234 of the Labor Code of the Russian Federation). The wording of Article 234 of the Labor Code allows us to assert that the above list is not exhaustive. Consequently, the employer has the obligation to compensate the employee for the earnings he did not receive not only in situations directly mentioned in this norm, but also in any other cases of illegal deprivation of the employee’s opportunity to work, including as a result of the illegal establishment of a part-time working regime (cassation ruling of the IC in civil cases of the Tula Regional Court dated February 17, 2011 in case No. 33-476).

Rostrud also points out the need to pay for additional days of rest established by the employer (letter of Rostrud dated December 19, 2007 No. 5202-6-0), explaining that the employer, when providing employees with additional days off on its own initiative, must also provide for the conditions for their payment. According to officials, payment for an additional day off set by the employer should be made based on average earnings. A similar position is reflected in judicial practice (the determination of the Judicial Collegium for Civil Cases of the Perm Regional Court, adopted on a cassation appeal against the decision of the Chernushinsky District Court of the Perm Region dated August 28, 2002, presented in the Review of Cassation and Supervisory Practice in Civil Cases for 2002 (review text was not officially published)).

Since in this case, additional days off are provided at the initiative of the employer, the provisions of Article 128 of the Labor Code, including those on employees filing applications, do not apply to this situation. It is enough to familiarize the employees with the order to provide an additional day off, against their signature.

Is it possible to change the working day to a weekend?

For the purpose of rational use by employees of weekends and non-working holidays, weekends may be transferred to other days by the Government of the Russian Federation (part five of Article 112 of the Labor Code of the Russian Federation). Labor legislation does not provide the employer with a similar right, so he cannot, on his own initiative, declare a working day a day off with the condition that employees will go to work on another day, which is a day off for them. The only possible option is to attract employees, with their consent, to work on a day off with mandatory compliance with the rules established by Article 113 of the Labor Code, subject to payment for such work at an increased rate in accordance with the requirements of the law or the provision of another day of rest at the request of employees (Article 153 of the Labor Code RF).

EXAMPLE
Having issued the corresponding order, the employer made working Saturday 02/20/2016 (Russian Federation Government regulation No. 1017 dated 09/24/2015) a day off, moving the working day to another day off. The transfer of a working day to a day off, formalized in this way, is contrary to the requirements of the law.
Note that, within the meaning of part three of Article 153 of the Labor Code, another day of rest is given to those employees who have already worked on a day off. Therefore, it is impossible to consider the release of employees from work, for example, on February 20, 2016 (Regulation of the Government of the Russian Federation of September 24, 2015 No. 1017) as “another day of rest” if they are brought to work on a day off later than the day off from work. If you choose this option, being hired to work on a day off must take place before the day you are released from work.

Important!

When providing an additional day off without payment, the employer, in fact, unilaterally introduces part-time working hours for employees, which is allowed either by agreement of the parties (Article 93 of the Labor Code of the Russian Federation), or in exceptional cases on the initiative of the employer with mandatory notification of employees about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated the need for such changes, in writing no later than two months in advance (Article 74 of the Labor Code of the Russian Federation).

The current version of the Labor Code of the Russian Federation does not provide for a definition of the concept of time off. Regardless of this, some articles in this document contain information about their provision. One of these is Article 153 of the Labor Code of the Russian Federation. It contains information about in what cases the employer is obliged to provide an employee with time off if the latter works on a weekend or holiday.

Time off may also be provided for work performed overtime, that is, outside working hours. In this case, provision is carried out by. In this case, time off replaces additional payment for overtime and is provided for previously worked time.

In addition to working overtime, an employee may also perform work duties on a weekend or holiday. In this case, the Labor Code of the Russian Federation also provides for the possibility of granting time off, how this is carried out and formalized, and what documents are needed.

Stages of obtaining time off for working on weekends and holidays

The basic rule that must be observed when granting time off is competent documentary support, starting from a call to work on a day off and ending with registration of time off. In this case, special attention must be paid to the following points.

Step 1. Drawing up a notice for an employee about the need to go to work on a holiday or day off.

The current legislation of the Russian Federation does not provide for a unified form for issuing this document. In this regard, the paper can be drawn up in any form on the company’s letterhead. Some companies develop special notification templates for this purpose.

When creating such a form, you should highlight the categories of employees who cannot be involved in work on weekends and holidays.

According to the Labor Code of the Russian Federation, the following persons cannot be called to work on a day off:

pregnant women;
persons under 18 years of age;
parents of young children;
employees for whom overtime is prohibited due to health reasons. In this case, the citizen must present the manager with a corresponding certificate from a medical institution.

It is important to take into account that an employee can be involved in work on a weekend or holiday only with his consent in writing. There are also situations in which management has the right to call an employee to carry out his work activities on a non-working day without obtaining his consent.

When it is not necessary to obtain consent, it arises in the following circumstances:

A day off or holiday falls on a working day. This phenomenon is possible if the employee works on a shift schedule. Similar situations include continuity of production and the need for urgent and urgent repairs or other types of measures;
employment contract. Often, the rules and possibilities for the need to work on holidays are indicated when drawing up an employment contract. This clause of the agreement may be present in a document concluded with citizens whose profession is creative;
occurrence of emergency circumstances. In such cases, the employee may be called to work to eliminate the consequences of accidents.

An important nuance is that when issuing a notice, the employer does not indicate a specific day for the employee’s rest. The latter has the right to choose it independently. In addition, instead of time off, an employee can claim monetary compensation for overtime.

Step 2. Obtaining employee consent.

After the notification is drawn up, the document is handed over to the employee. If he agrees with the information specified in it and wishes to go to work on a certain weekend or holiday, he leaves his signature in the notice. The date of review of the document is also indicated. If a refusal is received, the employee draws up a special statement indicating the reason for such a decision.

If, after receiving consent, the employee does not show up for work on the day specified in the document, the employer has the right to assess this action as absenteeism. In this case, a penalty may be imposed on the employee.

Step 3. Preparation of the order.

After agreeing on the previously specified data, the management of the enterprise issues an appropriate order for the employee to go to work on a weekend or holiday. A document of this type can be drawn up in free form. It must contain information about the type of compensation chosen by the employee - time off or wages. A day off worked is paid at double the rate. If the employee does not want to receive increased pay, then payment is made in a single amount, followed by the provision of time off.

Important: the employee’s right to choose any type of compensation - time off or money. The employer does not have the right to force him or persuade him to make any decision.

Step 3. Provide time off at the employee's request

To grant an employee time off, you need to receive his written request in the form of an application. Based on the application, an order is drawn up to provide a day of rest.

The current legislation of the Russian Federation does not contain information on the period for granting time off for work on a holiday or weekend calendar day. In this regard, there are often cases where employees accumulate a significant number of days off. To eliminate such situations, in almost all companies the rules for providing additional rest time are enshrined in local legal acts.

According to Article 153 of the Labor Code of the Russian Federation, an employee has the right to take time off in exchange for double pay for work on a weekend or holiday. The Labor Code does not contain such a concept as “time off”, but in practice we most often call it the additional rest time that an employee is entitled to in the form of compensation for work on weekends and non-working holidays.

In order to take advantage of time off, the employee must write a corresponding application, and the employer, based on this application, issues an order (drawn up in any form) and introduces it to the employee against signature. In the time sheet, time off should be indicated as “NV” (for state and municipal institutions - “A”).

It should be noted that the employee must express his desire to take time off instead of additional pay at the time he agreed to work on a weekend or holiday. At the same time, at the time of consent, the employee does not have to indicate a specific date for the future day of rest. You can indicate it later - when filling out an application for time off.

The employer has no right to refuse to provide time off (just as he cannot provide time off at his own discretion instead of double pay), since the specific type of compensation for work on non-working days is determined at the request of the employee (this is indicated by part 3 of article 153 of the Labor Code of the Russian Federation and the Recommendations Rostruda No. 1 dated 06/02/2014).

!!! An exception is the case if an employment contract is concluded with an employee for a period of up to two months. In such a situation, work on a weekend or holiday is compensated only with additional pay (Article 290 of the Labor Code of the Russian Federation).

Some employers mistakenly believe that options for compensating an employee (time off or increased pay) for working on a weekend or holiday can be prescriptively established in the organization’s local regulations, for example, in the Internal Labor Regulations. This should not be done, because... the employee’s right to choose the type of compensation is limited, thereby worsening his position in comparison with the norms of the Labor Code of the Russian Federation.

An employee can take advantage of time off both in the current month, when work was registered on a weekend or holiday, and in any of the subsequent months. The period during which an employee can apply to the employer with a request to provide him with another day of rest is not established by law.

Moreover, according to Rostrud, if an employee works on a holiday or day off and chooses another day of rest in another month, then such work is paid in a single amount, and the salary for the entire month in which the employee chose a day of rest is paid in full, no reductions. That is, it is considered that the person has fully worked out his monthly quota. Such clarifications are given in the letter of Rostrud dated February 18, 2013 No. PG/992-6-1.

People often ask: how to provide an employee with time off for working on a weekend or holiday, if on that day the employee worked part-time, for example, four hours out of eight?

In such a situation, you are obliged to provide a full working day off, regardless of how many hours the employee worked on a weekend or holiday, since Article 153 of the Labor Code only provides that the employee may be given another day of rest in exchange for time worked on a weekend (holiday), but does not provide for the dependence of the duration of rest on the duration of work on a weekend or holiday.

In practice, situations quite often arise when an employee, without using his right to time off, decides to quit. In this case, how can he be compensated upon dismissal by being hired to work on weekends and is this possible?

According to Article 127 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid monetary compensation for all unused vacations, but time off is not essentially a vacation. Therefore, unused days off are not subject to monetary compensation upon dismissal of an employee. To avoid possible disputes with the employee, we recommend that you give him the opportunity, before dismissal, to use the time off that has accumulated during his work in the organization. To prevent such situations (when time off accumulates), the employer can independently develop and approve a procedure according to which employees will use time off, for example, limiting the period of use of an additional day of rest to the calendar year.

Topchiy Irina Alekseevna, Deputy General Director of the Legal Protection Group of Companies

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As a general rule, working on weekends and non-working holidays is prohibited. But, as you know, there are exceptions to any rule. And in the situations listed by the Labor Code of the Russian Federation, subject to mandatory compliance with certain conditions, it is possible to legally attract an employee to work on a holiday*. For such “unscheduled” work, he, of course, is entitled to additional compensation. Instead of double pay, the employee may be given another day of rest at his request. Today we will talk about how to do this. Please note that the same rules and procedure will apply when granting an employee a day off for working on a day off.

Let us remind you that in accordance with Part 1 of Art. 153 of the Labor Code of the Russian Federation, as a general rule, work on a weekend or a non-working holiday is paid at least double the amount:

for piece workers - no less than double piece rates;
employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;
for employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if work on a day off or a non-working holiday was carried out within monthly standard working time, and in an amount of no less than double the daily or hourly rate (part of the salary (official salary) for a day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly standard working time.

In this case, specific amounts of payment for work on a day off or a non-working holiday can be established by a collective agreement, a local regulatory act of the employer, adopted taking into account the opinion of the representative body of employees, or employment contracts. Remuneration for work on weekends and non-working holidays for creative workers can be determined on the basis of the listed documents.

At the request of an employee who worked on a day off or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and a day of rest is not subject to payment.

Let us highlight the conditions for providing another day of rest.

Condition 1. Another day of rest is provided only at the request of the employee.

The initiative to provide an employee with another day of rest instead of double pay for work should not come from the employer. It is the employee who must make such a request, and it is advisable that it be made in writing - in the employee’s application.

Condition 2. Another day of rest may be provided (but does not have to be provided) by the employer.

Another day of rest is provided at the request of the employee and with the consent of the employer. If the employer refuses to provide the employee with another day of rest, work on a non-working holiday must be paid double according to the general rules. The head of the organization usually formalizes his decision with a resolution on the employee’s application.

Expert opinion

E.V. Orlova, Director of the Internal Audit Department of Komo LLC

About compensation for work on a non-working holiday

If an employee takes another day of rest for work on a holiday, then work on such a day is paid at a single rate and not at a double rate. Moreover, if an employee, despite another day of rest, works the standard working hours for the month, then in addition to the salary he needs to make a single additional payment for work on a holiday (Part 3 of Article 153 of the Labor Code of the Russian Federation).

That is, if an employee took another day of rest for working on a holiday in the same month in which the holiday occurred, then he worked the monthly standard working time. And the employer must pay him the normal salary for his work and another daily portion in addition to the salary for the holiday. In other words, a day of rest is not paid additionally, but wages for this day are retained.

If the employee takes another day of rest in another month, then for the month in which the employee worked on the holiday, he must receive the full salary plus a single daily portion of the salary. And for the month in which the employee took an additional day of rest, he receives the full salary, although he works one day less than normal.

Thus, an employee who has worked a monthly standard of working hours in each month must be paid according to the situation.

Situation 1. If another day of rest is taken in the same month as work on a holiday:

payment to the employee for this month = salary + one daily part of the salary

Situation 2. If another day of rest is taken in another month:

payment for the month in which there was work on a holiday = salary + one daily part of the salary;
payment for a month with a day of rest = full salary, i.e. exactly as if he had taken another day of rest in the same month in which he worked on a holiday.

Condition 3. The employee is given a whole day of rest even if he worked for several hours on a non-working holiday.

Part 3 Art. 153 of the Labor Code of the Russian Federation does not make the duration of rest dependent on the duration of work on a holiday (see letter of Rostrud dated March 17, 2010 No. 731-6-1).

Condition 4. Work on a weekend or non-working holiday is paid in a single amount, and the rest day provided to the employee is not subject to payment.

Condition 5. The employee may request another day of rest in another month.

The Labor Code of the Russian Federation does not contain a rule stating that another day of rest must be used in the same month when the employee was involved in work on a non-working holiday. This means that the employee can use the day of rest at other times. But the employee must inform about his desire to use another day of rest in the same month when he was brought to work on the holiday, so that the employer has all the necessary data to calculate his wages. Moreover, when making such a request, the employee may indicate in advance the date of use of another day of rest, but may not do so.

Condition 6. The employee is given not an additional, but a different day of rest.

The total number of days off in a calendar period does not change (does not increase), and the day of rest is “transferred” from one day of the week (month) to another.

Let's see what actions need to be taken to provide an employee with another day of rest for working on a non-working holiday and what documents need to be drawn up for this.

Stage 1 Receiving an employee’s request to use another day of rest for working on a non-working holiday

Note! This stage is absent if the employee did not mention his desire to use another day of rest for work on a non-working holiday in documents such as: a notice of the need to be hired to work on a non-working holiday, a memo about the need to be hired to work on a non-working holiday, or a notice on the right to refuse employment on a non-working holiday.

If the employee has submitted a written request to use another day of rest for working on a non-working holiday, see Step 2.

An employee’s request to use another day of rest for working on a non-working holiday can be formalized in different ways, it all depends on the specific situation of being hired to work on a holiday and the HR rules adopted by the employer. Next we will consider only one option.

Receiving an employee’s request to use another day of rest for working on a non-working holiday on a notice of the need to be hired to work on a non-working holiday

If an employee has been notified or offered to work on a non-working holiday in situations where such involvement requires the employee’s written consent, then the employee may, when completing his consent to work, simultaneously declare his desire to use another day of rest in the future.

Step 1 We receive the employee’s mark on the notice of the need to be hired to work on a non-working holiday

Situation 1. The employee agrees to work on a non-working holiday and submits a request for another day of rest without specifying the exact date.

Situation 2. The employee agrees to work on a non-working holiday and submits a request for another day of rest, indicating the exact date.

Step 2 Submit the notification to the manager for review

To make a decision on engaging an employee to work on a non-working holiday, as well as on the possibility of providing the employee with another day of rest for such work, a notification is sent to the head of the organization or other official who has the right to regulate the working hours and rest times of employees.

Step 3. We receive a notification with the manager’s resolution

In his resolution on the notification, the head of the organization or other authorized official determines the actions that must be taken to attract the employee to work on a non-working holiday. Since in our example it is necessary to take into account the opinion of the elected body of the primary trade union organization, this must be reflected in the resolution. The consent of the employer’s representative to provide the employee with another day of rest is also recorded here.

Please note: if the employer does not agree to provide the employee with another day of rest, then this should be reflected in the resolution and pay double for work on the holiday.

Situation 1. The employee submitted a request for another day of rest without specifying the exact date.?

Situation 2. The employee submitted a request for another day of rest, indicating the exact date.

Stage 2 Receiving an employee’s application for another day of rest for working on a non-working holiday

Note! This stage is absent if the employee and the employer have verbally agreed to provide the employee with another day of rest for working on a non-working holiday. Also, there is no need for a statement if the parties have previously reached an agreement (see Stage 1) on the date the employee will use the rest day.

Step 1 We receive an application from the employee to provide him with another day of rest for working on a non-working holiday

Since another day of rest for work on a non-working holiday is provided only at the request of the employee, most often in practice the employee draws up a written application for this. It is advisable that in his application the employee indicates not only the date when he wishes to use the day of rest, but also the dates on which he was involved in work.

Step 2 We register the employee’s application for another day of rest for working on a non-working holiday

An employee’s application for another day of rest for working on a non-working holiday is registered in a special accounting form designed for registering internal documents, for example, in the Employee Application Register. In our example (see below), columns 1-4 are filled out in the Journal form.

When registering, a “Registration number” detail is provided on the application.

Step 3 We send the employee’s application for another day of rest for working on a non-working holiday to the head of the organization

To make a decision on the merits of the request, the application is sent to the head of the organization or other official who has the right to regulate the working hours and rest hours of employees.

Step 4 We receive an application from the employee to provide him with another day of rest for working on a non-working holiday with a resolution from the head of the organization

The head of the organization or another authorized representative of the employer formalizes the decision made as a resolution on the application. If the decision is positive, the resolution determines the employee responsible for preparing the draft order to provide the employee with another day of rest for working on a non-working holiday.

Step 5 We transfer the information from the manager’s resolution on the employee’s application to provide him with another day of rest for working on a non-working holiday to the Employee Application Register

After receiving an employee’s application with a request to provide him with another day of rest for working on a non-working holiday with the resolution of the head of the organization or another authorized representative of the employer, in our example, columns 5-8 are filled in in the Employee Application Log.

Step 6 We send the employee’s application for another day of rest for working on a non-working holiday to the case

A mark is placed in the lower left corner of the document regarding the filing of an employee’s application with a request to provide him with another day of rest for working on a non-working holiday.

Stage 3 Issuing an order to provide an employee with a day of rest for working on a non-working holiday

Providing an employee with another day of rest for working on a non-working holiday is formalized by an order of the employer regarding personnel. The order is issued in free text form on a personnel order form developed by the employer.

Step 1 We draw up a draft order to provide the employee with a day of rest for working on a non-working holiday

The employer’s order indicates the date of “time off” and the non-working holiday for which a day of rest is provided for work.

The basis for issuing an order is the completed documents - the employee’s application and (or) other documents listed in Stage 1.

Step 2 We sign an order granting the employee a day of rest for working on a non-working holiday

The order is signed by the head of the organization or another authorized official.?

Step 3 Register an order to provide an employee with a day of rest for working on a non-working holiday

The order must be registered in a special registration form, for example in the Register of Orders for Personnel.

The corresponding registration number and registration date are indicated on the order.

Step 4 We introduce the employees, upon signature, to the order to provide the employee with a day of rest for working on a non-working holiday

The employee must be familiarized with the order to provide a day of rest for work on a non-working holiday against signature.

All interested officials must also be familiar with this order. In our example, this could be the head of the exhibition center, chief accountant, etc.

Step 5 We send an order to provide the employee with a day of rest for working on a non-working holiday.

Orders for personnel are stored separately from orders for main activities. At the same time, orders for personnel with different storage periods should be formed into separate files.

When sending an order to provide an employee with a day of rest for working on a non-working holiday, a note is made in the file in the lower left corner of the order.

Information about sending an order to the case may also be reflected in the registration form (see example above).

Stage 4: Registration of a time sheet

The employer is required to keep records of the time actually worked by each employee. Information about the employee’s use of a day of rest for work on a non-working holiday must be recorded in the time sheet.

To record the time actually worked by the employee until January 1, 2013, all employers used a timesheet for recording working hours and calculating wages or a timesheet for automated processing of accounting data, unified forms No. T-12 or No. T-13 of which were approved by a resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

After January 1, 2013, taking into account the requirements of Federal Law dated December 6, 2011 No. 402-FZ “On Accounting,” unified forms are used by public sector organizations. Commercial organizations must use their own forms of primary accounting documents for recording labor and its payment, in particular forms of time sheets. When developing their forms of personnel documents, employers - commercial organizations can take previously used unified forms as a basis, reworking them at their discretion.

In our example, working time recording is shown using form No. T-13.

Please note: in the time sheet, another day of rest granted to an employee should be indicated by the same code as a “regular” day off. In our example, this is code “B”. It is not allowed to use the code “NV” (additional day off (without pay)) in a situation where the employee is given not an additional, but another day of rest, as this will lead to a violation of labor legislation on providing the employee with compensation for work on non-working days. holiday.

Applications:

An example of a memo about the need to work on a day off

An example of a notification of salary changes

An example of an employee’s application for increased pay for work on a day off

An example of an employee’s application for an additional day of rest as compensation for working on a day off

An example of an order to hire someone to work on a day off

Reflection of information about work on weekends in the time sheet

Journal: Personnel Directory, As of: 05/06/2013, Year: 2013, Number: No. 6

Personnel records management and Labor law

According to the Labor Code of the Russian Federation, weekly rest is given to every employee. It is at least 2 days in a five-day working week and one in a six-day week. By law, rest must be at least 42 hours weekly. Additional work on weekends must be paid double.

Most often, Sunday is a day off. The second free day is regulated by a collective agreement or internal regulations of the organization. As a rule, with a work week consisting of 5 days, 2 days off follow each other. With a shift work schedule, days off are also determined by internal regulations and can be provided on weekdays. In what cases are additional days off allowed? Let's figure it out.

Weekend work

Working on official weekends in the organization is prohibited by the Labor Code. There are certain rules. It is possible to call an employee on his legal day off only with the written consent of the latter and only in certain cases listed below.

In case of an industrial accident or natural disaster to eliminate the consequences.
In order to prevent an accident.
To perform urgent tasks on which the work of the organization as a whole depends.
Workers in creative professions.
On an individual basis and exclusively voluntarily on the part of the employee.

Who gets extra days off?

Restrictions

People with disabilities and women with young children can be involved in work on a free day only if this type of work is not prohibited for them by doctors. Each employee must sign a document stating that he has the right to refuse to go to work on his legal day off.

Special categories

There are special categories of people who are granted additional days off. These categories include parents or guardians of disabled children, women working in agricultural areas, workers in the Far North, as well as people combining study and work.

What is it regulated by?

The issue of obtaining an additional free day is regulated by the labor legislation of the Russian Federation, and specifically Article 262. This document states that parents or guardians of disabled children can receive additional free days. At the same time, they are paid by the federal insurance service. Additional days off are provided for the above category of citizens to fulfill their parental responsibilities. The basis for their provision is considered to be a written statement from the employee.

Article 262 of the Labor Law states that those who have custody of a disabled child are given 4 additional free days per month. Not only parents, but also trustees or guardians can get an extraordinary day off. If there are several latter, then the weekends can be divided at their discretion. Women who work in the village are entitled to one extraordinary day off from work per month. We’ll talk about how to pay for additional days off later.

How and when can I get extra days off?

Additional free days are not provided to the following categories of citizens:

Citizens on basic paid leave.
Citizens on additional leave.
Citizens on maternity leave.

If the additional day off coincides with the employee being on sick leave, it can be moved to another day in the same month. This can only be done under the following conditions: the employee must go to work and provide a certificate of incapacity for work in the current month. That is, if an employee did not use his additional day off, say, in March, this day off will not be transferred to April. The right to additional days off can begin to be used from the period when the child was assigned a disability group. This right ends upon reaching the age of majority or when the category of disability is removed.

Confirmation from the parent's place of work

If both parents or multiple guardians receive paid additional days off, you must confirm that one of them did not choose the allotted days. For this purpose, a certificate from the employer is provided. It can be taken from the place of work of the second guardian or parent. This type of benefit is monthly, which means that an application for additional days off will need to be written every month. But there are a few exceptions here, for example if the parent:

single (with documentary evidence);
is listed as missing, dead or has limited rights to the child;
stays in places of deprivation or restriction of freedom;
is on a long-term business trip for more than one month.

All of the above facts must be documented and attached to the application for additional days off. What else is worth considering? What does an additional day off for child care entail?

Required documents

In addition to a certificate stating that the other parent or guardian did not receive additional days off, you must provide the following set of documents:

A certificate confirming the child's disability.
Confirmation of registration of a disabled child at the place of residence.
Birth certificate, guardianship or adoption certificate, that is, any document confirming the right to exercise parental responsibilities.

These documents are provided one-time for the period specified in them. If the certificate is issued for a year, then it is valid once a year. The original documents are returned to the employee after review.

Payment for additional days off is made only for disabled children and is calculated based on the average salary for the past year. Women working in the village are not paid an additional day off.

The number of extraordinary days off does not depend on the number of disabled children in the care of one family. Below we will consider in more detail the issue of providing citizens with additional free days.

Additional days off to care for a disabled person

Among the nuances regarding the documents required when applying for an extraordinary holiday, it should be taken into account that in addition to the child’s disability certificate itself, you will also need to obtain a certificate from the local social protection authorities with information that the child is not being held in special custody. institution, that is, not under the care of the state. However, this rule does not apply to detention in five-day and six-day boarding schools.

If one of the parents is not officially employed or is providing himself with work independently (for example, in the case of an individual entrepreneur), then the second working parent submits a certificate stating that his spouse is unemployed or provides himself with work independently. Only if such paper is provided will the working parent be allocated and paid for the required 4 days off from work per month. If one of the spouses takes part of the weekend, then the other can take the remaining paid days off upon presentation of the certificate described above. If one of the parents is on vacation or maternity leave, then the second parent can use the right to provide additional free days.

Average earnings are calculated by dividing wages accrued for the billing period by the number of working days in this period based on the average working hours, in accordance with the legislation of the Russian Federation.

Days off for women workers in rural areas

As described above, rural workers are provided, upon written request, with 1 additional day off per month without pay. Moreover, an employee may demand an additional day off under the Labor Code without specifying a reason. Since a priori it is assumed that this day will be dedicated to family and children. According to the law “On urgent measures to improve the situation of women, families, protection of motherhood and childhood in rural areas,” an employer does not have the right to refuse an employee.

An order is issued on additional days off.

You can negotiate the procedure for granting an additional day off either by drawing up an application monthly or by determining the number of additional days required at the beginning of the year, half-year, quarter, etc. Denial of an employee’s legal right to have a day off from work may serve as a reason to contact the labor commission for further proceedings, including judicial proceedings. After all, such a refusal is an illegal infringement of the rights of employees.

Rules for workers of the Far North

According to Article 319 of the Labor Code of the Russian Federation, parents working in the Far North or in areas equivalent to it are given one extraordinary unpaid day off per month. This rule applies to those children whose age does not exceed sixteen years.

As in the case of rural workers, the employer does not have the right to refuse to receive one additional free day per month for the above-mentioned category of citizens. If an employee of the specified category has several children, the number of days does not increase. This will be only 1 day per month. As in the case of parents of children with disabilities, the day off is granted not only to parents, but also to legal representatives: trustees or guardians. The procedure for granting an extraordinary day off is exactly the same as in all previous cases, upon application by the employee and upon presentation of a certificate of non-use of the day off by the other parent.

Additional days off for those who combine work and study

Employees who combine university studies with work are entitled to additional days off according to the Labor Code. However, they are partially paid. An employee undergoing part-time or evening studies at accredited higher educational institutions, 10 months before leaving to defend his thesis, has a reduced work week by 7 hours or is offered one day off. In this case, 50% of average earnings are paid, but not less than the minimum wage. This category includes not only students of universities, but also students of state-accredited institutions where they can receive secondary vocational education.

Conditions for providing a day off from work or reducing working hours during the week:

If the education is acquired by the employee for the first time.
If a person is studying in several educational institutions at once, free time is provided for studying only in one educational institution of the employee’s choice.

The calculation, as in previous cases, is made by calculating average earnings. An additional day of rest is provided for working on a day off.

Characteristic features of receiving days off in certain industries

There are some sectors of the economy that have certain features in receiving days off and paying for them. For example, this applies to the civil aviation sector of the Russian Federation. For example, if a dispatcher was brought to work on a legally free day, he will certainly be offered another day to rest, since there is a legally regulated regime for the distribution of working time and rest for employees who manage air traffic.

Women working in the field of mechanical engineering and raising a child under the age of sixteen are given one extraordinary free day per month without pay. The same applies to women working in the field of transport construction.