An order to postpone a working day to a day off: a sample of how to draw it up to postpone the day to another time

Transferring a day off to another day of the week is legal

The question of whether the employer has the right to postpone a day off often finds the wrong answer. Indeed, there are often situations when, by order of an enterprise, a day of rest is postponed to another time, and this creates the illusion that the organization’s management has the right to postpone the day off. In fact, only the Russian government is endowed with this right (Part 5 of Article 112 of the Labor Code). The employer is not given the right to postpone days off. However, in the arsenal of a cunning personnel officer there will be ways to use legal methods to adjust the work and rest schedule in accordance with the needs of the organization or the desires of employees. Let's talk about these methods.

How to reschedule a day off legally?

The first way to do it according to the law: by order of the manager, declare the desired day a day off. The letter of Rostrud dated December 19, 2007 N 5202-6-0 states that in a situation where such a decision is of an isolated nature, this can be done by issuing a local regulatory act drawn up in any form. Such days off are subject to payment and do not prejudice the interests of the employee. But this will not be a full transfer, but only the provision of an additional day off using a legal method.

The second method of legal transfer: attract employees to work on a day off, giving them a day off on a weekday. This scheme is impeccable, but has one peculiarity: according to the norms of Part 3 of Article 153 of the Labor Code of the Russian Federation, an out-of-hour rest day is allowed only to those who have already worked on a day off. Thus, the day off can only be moved forward, but not back. And one more feature: involvement in work on weekends in the absence of emergency circumstances is possible only with the personal written consent of the employee and the trade union body (if there is one at the enterprise). Such consent will also be required to provide another day of rest instead of increased pay for overtime work.

The third legal way: invite employees to write an application for leave for one day without pay. The loss in earnings can be compensated with a bonus - after all, no one forbids giving bonuses to employees for any reason.

Transfer of a day off at the initiative of the employer

Or declare the required working day a paid day off, as in the first method. This option has only one drawback: you can only offer to write an application for leave without pay, but you cannot insist on it. And it would be even more illegal to issue such an order.

Wouldn’t this ensure “rational use of rest days by employees”? In my opinion, this is exactly what would have happened, given the historically established attitude of Soviet and Russian people towards the New Year's days. However, the Government of the Russian Federation has its own opinion on this matter. 3. What can be done in each specific organization in this situation? Can an employer make December 28 and 29, 2013 working days instead of December 30 and 31, 2013? Swap rest days and work days? In principle, this is possible. But provided that he correctly observes all the subtleties associated with such a replacement. Another thing is that compliance with these subtleties in each individual organization may or may not have its own technical difficulties, and the feasibility of such a replacement will depend on this. What are we talking about?

Transferring a working day to a day off at the initiative of the employer

Info

In accordance with Art. 112 of the Labor Code of the Russian Federation, non-working holidays in January are: 1, 2, 3, 4, 5 (New Year holidays) and 7 (Christmas). Considering that January 1 and 2 fall in 2011 on Saturday and Sunday, weekends, in accordance with part two of Art.

112 Attention

Labor Code of the Russian Federation are postponed to the next working days after the holidays - January 6 and 10, respectively. Thus, January 10, 2011 is a day off.

Important

For the purpose of rational use by employees of weekends and non-working holidays, labor legislation allows for the transfer of weekends to other days.

However, the right to postpone weekends is granted only to the Government of the Russian Federation (part five of Art.

112 of the Labor Code of the Russian Federation). Based on the first part of Art. 5 and parts of the first art. 11 of the Labor Code of the Russian Federation, the resolution of the Government of the Russian Federation on the transfer of days off is mandatory for execution by both employees and employers.

Reasons for shifting leave at the employee’s initiative

Other reasons for postponing vacation at the employee’s initiative can be very different, and here the employer will be the coordinating party. However, there are situations where the employer does not have the right to refuse. At a time convenient for him, leave will be granted to the employee:

who has adopted a child under 3 months of age (Article 122 of the Labor Code of the Russian Federation);
the husband of a woman on maternity leave (Article 123 of the Labor Code of the Russian Federation);
a woman who wants to add her next leave to maternity leave or child care leave (Article 260 of the Labor Code of the Russian Federation);
parent (including adopted), guardian or trustee of a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
under the age of 18 (Article 267 of the Labor Code of the Russian Federation);
a part-time worker taking leave at the place of his main job (Article 286 of the Labor Code of the Russian Federation);
the victim of the accident at the Chernobyl nuclear power plant or those who participated in the liquidation of its consequences (clause 5 of article 14, article 15 of the law “On Social Protection...” dated May 15, 1991 No. 1244-1);
who received a dose of radiation during nuclear testing at the test site in Semipalatinsk (clause 15 of Article 2 of the Law “On Social Guarantees...” dated January 10, 2002 No. 2-FZ);
marked with the “Honorary Donor” sign (subclause 1, clause 1, article 23 of the law “On donation...” dated July 20, 2012 No. 125-FZ);
a disabled person, a war participant, a combat veteran or on duty in the territory of their jurisdiction, who underwent military training or worked for the defense of the country during the Second World War, who lived in besieged Leningrad (subparagraph 17, paragraph 1, article 14, subparagraph 15, paragraph 1 article 15, subparagraph 13 paragraph 1, subparagraph 4 paragraph 2, subparagraph 3 paragraph 3 article 16, paragraph 9 article 17, paragraph 9 article 18, paragraph 10 article 19 of the law “On Veterans” dated January 12, 1995 No. 5-FZ);
the spouse of a military serviceman receiving leave at his place of duty (Clause 11, Article 11 of the Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ);
a police officer who did not have the opportunity to exercise his right to leave in accordance with the approved schedule (clause 3 of article 57, clause 2 of article 64 of the law “On service in internal affairs bodies ..." dated November 30, 2011 No. 342-FZ);
Heroes of Labor, Socialist Labor, full holder of the Order of Labor Glory (clause 2 of article 6 of the law “On the provision of social guarantees...” dated 01/09/1997 No. 5-FZ);
Heroes of the USSR, Russian Federation, full holder of the Order of Glory (clause 3 of article 8 of the law “On the status of Heroes...” dated January 15, 1993 No. 4301-1).

In all other cases, the employer has the right to either agree to postpone the vacation at the request of the employee or refuse it. If the employer has no fundamental objections to the transfer, but disagrees with its terms, the parties must agree, setting terms that suit both parties (both the employer and the employee).

What is the deadline to transfer personal income tax in case of payment of compensation for vacation exceeding 28 days, or in case of a lump sum payment for vacation, explained 2nd class adviser to the state civil service of the Russian Federation D. A. Morozov. Get free trial access to the ConsultantPlus system and find out the official’s answers to these and other questions.

Is it possible to postpone a day off by decision of the organization’s management?

Answer: Is it possible, by decision of the head of the organization, to postpone a non-working day to another day Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Ministry of Health of Russia Weekends can be transferred to other days only by federal law or a regulatory act of the Government of the Russian Federation (Part 5 Article 112 of the Labor Code of the Russian Federation). The employer is not given the right to postpone days off at his own discretion.* The validity of this position is confirmed by paragraph 2 of Rostrud Recommendations No. 1 of June 2, 2014. If the organization needs to work on a non-working day, the employer can involve employees in work on such a day with compliance with all legal requirements. He explained this: when there is only one working day between a holiday and a weekend, there are no clients in the clinic.

Additional day off from the company

Category: Rest days, Articles On one of my sites I was asked the following question. “Tell me, does the employer have the right to make December 28 and 29, 2013 working days instead of December 30 and 31, 2013?” I decided to take advantage of the topic suggested in the question and present the answer in the form of a short article, where I speculate on whether it is, in principle, possible to replace a day off with a working day. And how to carry out this kind of replacement: change working days to days of rest (weekends), and days of rest (weekends) to working days. Replacing a day off with a worker. I think that the above question is an example of whether it is possible within a single organization to ensure that employees rest not on December 28 and 29, Saturday and Sunday, but on December 30 and 31, on Monday and Tuesday. and immediately went out to rest for the New Year holidays, which clearly emphasizes the “interestingness” of the topic of this note. Let's figure it out. 1.

Does the employer have the right to transfer days off to other days?

Such employees can be offered to take unpaid leave or annual paid leave on the day declared a holiday. An example of replacing working and weekend days In order to optimize working time during the New Year holidays, Alpha LLC decided to involve the organization’s employees to work on the day off December 28, 2014, with the provision of another day of rest.

All employees of the organization agreed to work on the day off on December 28, 2014 and to provide another substitute day of rest - December 31, 2014. Minor employee A.A. Ivanov, who cannot be hired to work on days off, wrote an application for annual paid leave on December 31, 2014.

An example of replacing working and weekend days In order to optimize working time during the New Year holidays, Alpha LLC decided to involve the organization’s employees to work on the day off on December 28, 2014, with the provision of another day of rest. All employees of the organization agreed to work on the day off on December 28, 2014 December 2014 and for the provision of another substitute day of rest - December 31, 2014. Minor employee A.A. Ivanov, who cannot be hired to work on days off, wrote an application for annual paid leave on December 31, 2014.

Reasons for reducing waiting times

If a couple wants to postpone the wedding date to an earlier date, they need to write an application and present a document confirming the existence of special circumstances to reduce the waiting period.

Reasons for reducing deadlines:

bride's pregnancy;
conscription of the groom into the army;
departure of one of the spouses to another city or country on a long business trip;
departure for a long period of time to another city/country for the purpose of treatment, education, etc.

If special reasons for quick painting are confirmed, a positive decision is made. The specialist will set a new date for registering the marriage with a shorter waiting period.

On the day of filing the application, a marriage can be registered in a non-celebratory setting if the couple has a child together or the bride is in the last months of pregnancy. You can read more about registering marriage during pregnancy here.

Transferring a day off to another day of the week is legal

How to reschedule a day off legally?

The third legal way: invite employees to write an application for leave for one day without pay.

What is a working time schedule

This definition means information about the beginning of the working day of an enterprise employee, its end, breaks and total duration. Information about it is necessarily contained in the employment contract, collective agreement (if there is one in the organization) and the company’s regulatory documents (for example, in the internal regulations and working hours).

An employee usually becomes familiar with the schedule upon employment and subsequently strictly adheres to it. If there is a need to change the working hours, the employee is required to write a corresponding statement (and whether the change is permanent or temporary does not matter).

Sample order to change a working day to a day off

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sample order to change a working day to a day off

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What does it say instead of punishing me if I need to write about this weekend? Another thing is that in this. Today is a shortened working day, and Monday is a day off. Or an order to postpone the working day? In 2017, the standard working time for a five-day workweek is 40 hours a week with days off. So, for example, based on the order to postpone working days, the postponed working days are January 8, March 7 and June 27. Due to the need to be present at work in connection with the ongoing tax audit of the activities of LLC, an order to postpone vacation, sample. That is, all workers and... In each case, the employer issues an order to postpone the working day. Sample order for postponing a working day to a day off in the Republic of Belarus. The above-mentioned monthly day off from work Art. In 2020, in accordance with Decree of the Government of the Russian Federation No. 756 On the transfer of days off to. How far in advance must the employer notify the employee of the order to postpone the day off? Prime Minister of the Republic of Kazakhstan Serik Akhmetov signed a resolution of the Government of the Republic of Kazakhstan on postponing the day of rest. By presidential decree, no matter. Analytical professional materials. The problem is how to correctly title and write the text about the transfer of November 7 to Monday, and to. The Council of Ministers of the Republic of Belarus adopted Resolution 515 On the transfer. How to correctly draw up a personnel order to postpone the working day if we want to work on December 31 22. Sample order for attracting an employee to work on a day off. We have always issued an order to announce Saturday December 19, 2009. If the manager approves the employee’s wishes, then an order to postpone is issued, and

. Our deputy chief submitted an order to his superior superior, the director. N 600 About postponing days off. An order was made to postpone the working day. Is it possible to first issue an order to transfer the employee to part-time work, a. Transfer of days off by the employer Transfer of days off by the employer Sample order to transfer the working day to a day off. Laws and codes of the Russian Federation. Order to reschedule a working day. There was no order to change the working day to a day off. A sample order to transfer a working day to a weekend should be a norm that is not mandatory and does not prohibit the transfer of the weekend of December 31 to 2009. The transfer of a sick day that falls on a weekend holiday will be.

Changing the work schedule at the request of the employee

For one reason or another, a subordinate may need to change his work schedule. To do this, he can contact his boss with a request in the form of a statement. It confirms the voluntary expression of the worker’s will to have his working hours changed. In case of disagreement, this document will serve as proof that management has formalized the procedure without violations.

After considering the application, the employer makes a decision and responds with consent or refusal.

The most common reasons for changing the schedule are:

change of place of residence, which means the employee has to spend more time getting to work;
illness of a relative who needs daily care, etc.

Most often, what matters to an employer is not the time a person is present at the workplace, but his labor productivity. Therefore, if the employee can fulfill the norm set for him in a shorter time, the boss's answer will most likely be positive.

Alternatively, the boss can offer the employee a flexible work schedule (Article 102 of the Labor Code of the Russian Federation), which can be very convenient for some citizens. With a flexible schedule, the shift should not exceed 10 hours. In exceptional cases, its duration can be up to 12 hours.

In order for the employer to allow the subordinate to work under new conditions, the employee draws up a free-form application to change the work schedule.

A cap

The document header states:

FULL NAME. and the position of the head of the organization;
Company name;
FULL NAME. and employee position.

Document text

The type of document is indicated: “Application”.

What follows is a text with a request. The wording may sound like this: “I ask you to change my working hours” and the previous and necessary modes are indicated. For example, an employee requests a 5-day work week of 40 hours to be replaced by an incomplete 5-day week with a total work time of 30 hours, with the working day reduced to 6 hours. It is also necessary to state the reason for changing operating hours. You can write briefly: “For family reasons” and the like. It is worth indicating in the application the date from which the subordinate plans to work according to the new schedule. You will also have to indicate the nature of the regime change - temporary or permanent. If the change is temporary, a period is indicated.

Under the text of the application, the employee puts a personal signature with a transcript and enters the date of completion.

If the boss is not against the changes, the application is endorsed and sent to the personnel department and accounting department. After this, an additional agreement is drawn up with the employee indicating the new working hours.

Application for transfer of working hours sample

working days January 2 and 6 will be days off. We believe that in such a situation, the transfer of the working day will be carried out to a day off on Saturday of another week. Order order to terminate termination. An order to transfer working days to May had to be made 2 months in advance. In connection with giving an order to work off lost working time, an Order to reduce the duration of a working day is a sample. Due to holidays, by order of the director, the company's working days have been moved to weekends, i.e. How to correctly print an order for a day off? Accordingly, our enterprise will also have an order to postpone the working day. Order on employment on weekends and non-working holidays. Order on the payment of average monthly earnings to a worker for comprehensive services, etc. On November 25, 2013, the Council of Ministers of the Republic of Belarus adopted a resolution on the transfer of working days to. Transferring a day off to another day of the week is legal. Indeed, there are often situations when, by order of an enterprise, a day of rest is transferred to another. Next, the Order is drawn up with the following wording According to the Decree of the Government of the Russian Federation on the transfer of days off. Change of working day to December 31st. Sometimes the decision to postpone days off is made. Sample order for a day off at an enterprise. The order contains instructions on postponing working days and weekends. IvanovNikolai, or recall from vacation with the employee’s consent for one day and then granting the remaining vacation.

Drawing up an application for corrections

Let us remind you that before drawing up an application for making corrections to the civil status record, you need to contact the registry office and receive an official refusal in the form of a notice in the established form. Oral refusals will not be taken into account by the court.

The application must indicate the following information:

the name of the court is the district court at the applicant’s place of residence.
applicant's details - full last name, first name and patronymic, home address. It is advisable to indicate your phone number and email address so that the court can ensure that you are notified.
data of the interested person - here the name of the registry office is indicated, which refused to make changes to the act record. In addition, here it is necessary to indicate the data of citizens whose rights and interests may be affected by the court decision. For example, when making corrections to the marriage record, it is necessary to indicate the second spouse as an interested party. When making changes to the birth certificate, it is necessary to indicate the parents and the child as interested parties.
name of the application - Application for corrections in the civil status record.
the grounds for the requirements - indicate which entry needs to be corrected, why the applicant needs it, what the errors or clerical errors were, what the correct presentation of the entry should be, how this is confirmed. To substantiate the requirements, the applicant must indicate the pre-trial treatment and the grounds for refusal.
applicant's demands - in the demands, the applicant must ask to establish that the record of the act of civil correction is incorrect and ask the court to make appropriate corrections or changes to this record.
attachment to the application - a copy of the application and other documents according to the number of interested parties is attached. A notice from the Civil Registry Office about the refusal to make corrections or changes, a receipt for payment of the state duty, documents confirming the mistakes made and confirming the correct spelling, as well as a document about the registration record in which corrections need to be made (certificate or certificate from the Civil Registry Office) must be attached.

The application must be signed by the applicant and the date of signature or submission of the application for corrections in the civil status record must be set to the court.