All you need to know about vacation: how to count and when to get

To put selling

According to the Labor CodeArticle 114 of the LC RF. Annual paid holidays year employees must be granted leave. At the time of rest after you saved your job title and salary. Furthermore, it is paid: for each day of holiday you will be charged at the rate of average daily earnings in the calendar year.

When you do not pay for holidays

An employee has the right to family circumstances or other reasons to ask the employer to give him a leave of absence without payArticle 128 of the LC RF. without pay leave. Already from the name it is clear that in this case we can not wait for the money.

Leave without pay does not replace annual paid. This is an opportunity to further liberate the working days in case of force majeure.

When paid vacation

Money for all the vacation days you have to get three calendar days before the start or before - depends on the speed of accounting. But not laterArticle 136 of the LC RF. The procedure, venue and timing of payment of wages this period.

If the last day on which you have to list holiday pay, the money you will be given a weekend or holiday eve

Letter of the Federal Service for Labor and Employment on 30 July 2014 Number 6.1.1693 On the timing of the payment of vacation pay and notice of the staff of the early release.

How are selling

For each day of leave, including for those that fall on the weekend, you pay the average salary. to calculateArticle 139 of the LC RF. Calculation of average wage it is necessary amount of wages, accrued over the past 12 months, divided by 12 and then 29.3 - as the average days in a month. Patch in the calculation is taken into account bonuses, allowances, surcharges for processing.

Suppose you are going on vacation from August 1, and before that rested in June last year. In this case, before January 1, you will receive 44 thousand per month, from January 1 - 50 000 in March, you were given the award in 5000 rubles. Then the calculations are as follows:

(5 × 7 + 44 × 50 + 5) / 12 / 29.3 = 1.63 thousand

Accordingly, if you are going on vacation for 10 days, for it will give you 16.3 thousand.

If you go on vacation - annual and without content - taking sick leave or were released from work for any other reason, these days and assessed for their money are excluded from the calculations.

For example, in April, you took a vacation for a week. To find out how many days are taken into account in calculating the average daily wage in April, to be divided on 29.3 number of days in the month and multiplied by the difference between the number of days in a month and the number of days when you did not have at work:

29,3 / 30 × (30 − 7) = 22,4

Accordingly, the formula for calculating the average daily wage is also transformed. It will change the number of working days, and will be excluded from selling the April gross earnings:

(5 × 44 + 6 × 50 + 30.24 + 5) / (11 × 29,3 + 22,4) = 1,61 thousand

Can I get compensation for unused vacation

The minimum holiday duration is 28Article 122 of the LC RF. The order of granting annual paid leave days per year. They need to be sure that celebrated it.

In exceptional cases, the rest can be transferred to a year. In this case, the organization can not leave the employee without leave for more than twoArticle 124 of the LC RF. Extension or transfer of paid annual leave years old. So employers who do not want any trouble with the control authorities, will be persistently send you to relax.

But some workers leave duration is increased in accordance with federal and regional laws, or at the request of the employer. If you not pregnant woman not working in hazardous conditions, and you are over 18 years, are available for additional days of leave compensationArticle 126 of the LC RF. Replacement of paid annual leave cash compensation.

The employer has the right but not the obligation to replace the vacation compensation, so that might still have to go on vacation.

What to do with unused leave at dismissal

If you have accumulated unused vacation days, compensation for the ones you oweArticle 127 of the LC RF. Exercising the right to leave at dismissal of the employee give severance. And it does not matterDecision of the Constitutional Court on October 25, 2018 Number 38-P "On the case on the constitutionality of Section 127 and the first part of Article 392 of the Labor Code of the Russian Federation in connection with the complaints of citizens MV Danilov, K. Kondakov and othersExactly when you was done on their vacation this year or five years ago.

An employer who does not want to pay compensation, can be held accountable in court. On this you have a yearArticle 392 of the LC RF. Terms of recourse to the courts for resolution of individual labor dispute from the date of dismissal.

How to calculate the compensation

As well as the holiday: for each day of unused vacation you get the average daily earnings.