Situations are not uncommon when the management of the enterprise wants to postpone the day of rest to another time. Employers do not have this right under labor law, but there are certain legal methods to carry out the desired procedure.
Necessary
- - order to establish a day off;
- - an employee's application for a one-day vacation.
Instructions
Step 1
Use the first legal method: issue an order declaring the desired day off. According to Rostrud's letter N 5202-6-0 of 2007-19-12, this can be realized through a local normative act drawn up in an arbitrary form. In this case, the weekend will be payable, and the interests of the employee will not be prejudiced. However, such a transfer is incomplete and represents only an additional day off issued by a legal method.
Step 2
Get employees to work on a weekend and give them a day off on a weekday. In this situation, it is important to take into account some of the features of the legislation. According to part three of Article 153 of the Labor Code of the Russian Federation, the employer has the right to provide an employee with an off-hour rest day only if the employee actually worked a full day off. You can only move the day off forward. Also, engaging in work on a holiday in the absence of any extraordinary circumstances can be carried out only after obtaining the written consent of the employee and the trade union body (if available at the enterprise). Also, such consent will be required to provide an additional day of rest instead of double payment for overtime work performed.
Step 3
Ask the employee to write an application for a one-day leave without pay. In the future, you can compensate for the loss in earnings with a bonus, since the legislation allows bonuses for any reason. You can also declare one of the working days as a paid holiday, similar to the first method. This option has only one drawback: the employee has the right to draw up an application for a "day off" without content only by personal consent, and there is no way to insist on this. Any such orders from the management will be considered a gross violation of labor laws.
