The Constitutional Court will determine whether it is legal not to pay for unused time off
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We are talking about free days provided in exchange for working on weekends
The Constitutional Court plans to consider whether the provision of the Labor Code, which gives the employer the right to give employees time off in exchange for double pay for working on weekends, but does not provide for compensation in cases where the day off was not provided, is consistent with the Constitution. The Russian Agency for Legal and Judicial Information reported this with reference to the press service of the court.
The reason for the consideration was the case of a former employee of the Yakutugol company, who often worked on weekends and was then fired due to layoffs. The Labor Code requires either double pay or time off for work on weekends and holidays. During her work, the woman accumulated 83 unused days off. She appealed to the company management with a request to provide her with these days off before her dismissal, but was refused. Then she asked for monetary compensation for all these days, because she did not receive double payment, but this was also denied to her.
The woman decided to seek the truth in court, but to no avail: one after another, the courts sided with the employer, citing the very same article in the Labor Code: since she was fired, she cannot count on time off. And since there is no mechanism for paying monetary compensation for unused weekends, the enterprise is right here too.
Three more Yakutugol employees found themselves in the same situation; they also appealed to the Constitutional Court. The court accepted all four complaints for consideration; they were combined into one case.
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