How do I get compensation for unused vacation

Who can receive compensation for unused vacation

If you work

According to lawLC RF. Article 122 Every year the workers have to provide paid leave of not less than 28 days. The minimum rest period compensation is not replaced.

In exceptional cases where the holiday may adversely affect the functioning of the organization, it is transferredLC RF. Article 124 for the next working year (counted from the date of employment). And in the next 12 months will need to be celebrated it is not 28, and already 56 days.

Employee leave without a break for more than two years old are prohibited.

For some categories of employees leave is increased in accordance with federal and regional laws:

• for harmful or dangerous conditionsLC RF. Article 117 Labor is added at least seven days;
• for irregularLC RF. Article 119 time - not less than three days;
• workLC RF. Article 321 in the Far North - 24 days;
• workLC RF. Article 321 in areas equivalent to the Far North - 16 days;
• for a specialLC RF. Article 118 nature of the work (the list of specialties established additional regulations included in it rescuers
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  Federal Law "On the emergency services and the status of rescuers" from 22.08.1995 N 151-FZ, government officialsFederal Law "On State Civil Service of the Russian Federation" dated 27.07.2004 N 79-FZ, prosecutorsArt. 41.4 of the Federal Law "On Prosecutor's Office of the Russian Federation" dated 17.01.92 № 2202-1 Federal Law of January 17, 1992 № 2202-I «About Office of Public Prosecutor of the Russian Federation" and so on);
• athletes and coachesLC RF. Article 348.10 - at least four days.

The employer may increaseLC RF. Article 116 the duration of leave on their own employees, unless it is contrary to the laws. But to reduce it, he has no right.

Vacation days, which go beyond the 28-day low, it is possible to compensate for the money, but not all.

There are categories of workersLC RF. Article 126Which are especially in need of rest to recuperate:

• pregnant women;
• underage workers;
• engaged in work with harmful and dangerous conditions.

The first two categories are not entitled to compensation at all. The last gave indulgenceLC RF. Article 117They are obliged to was done on at least seven more days, and the rest can compensate for money.

Replace vacation compensation is impossible without your consent.

If you stop working

pay compensationLC RF. Article 127 those who did not was done on days required. Regardless of whether you yourself fire or you have to leave.

How do I get compensation for unused vacation without layoffs

If your vacation is longer than 28 days, and you are not very tired and want to get money, just emailLC RF. Article 126 adequate statement and submit it to the head of the company.

In this case, the employer has the right to give you compensation, but not obliged to do so. And then you have to go on vacation. You can still file a claim in court, but it is likely that he will be on the side of the defendantAppeals definition of the Bryansk Regional Court of 12.23.2014 in case № 33-4550 (2014).

If you do not rest for several years, compensation can still be obtained only for the days that do not fit in the mandatory 28-day period of annual leave.

How do I get compensation for unused leave at dismissal

Leaves the company, you can go two ways:

1. Write statement Vacation with the subsequent dismissal (but only if you go away on their own).
2. Receive compensation for unused leave.

In the second case, you must fully pay without any statements, it is the duty of the employer under the lawThe Labor Code Article 127. Money you list the day of dismissalArticle 140 of the Labor Code.

Although the employee is entitledArticle 122 of the Labor Code Vacation after only six months of operation, the compensation it should be, even if he resigns beforeLabor and Employment of the Federal Service letter from October 31, 2008 N-5921 TK Payment of cash compensation for unused leave at dismissal of the employee, who has worked in the organization for at least six months.

If the employer ignored the requirements of the law, please contact your region's labor state inspectorate and the courts. The first agency will give the company an order to eliminate the violation and finedArticle 5.27 of the Administrative CodeSecond be able to collect uncollected money. In court you must apply within one yearThe Labor Code Article 392 from the date of dismissal.