The continuous recreation time provided by the worker to restore workability is made called annual paid leave. The right to him arises from each employee of the enterprise that has entered into an employment contract. Its restriction is prohibited by legislation, despite the category of workers (seasonal, temporary, etc.). In addition, such a privilege on a well-deserved vacation during dismissal is not lost and is not canceled. Namely - compensation for unused vacation days is relying. How to calculate their number - we will analyze in the article.
Legislative norms
Article 127 of the Labor Code of the Russian Federation (hereinafter referred to as the TC RF) provides an opportunity when dismissing to receive monetary compensation for the days of vacation, which were not implemented by a citizen during the entire period of work in the enterprise. Its mandatory annual duration is established in the amount of 28 calendar days (hereinafter - k.d.) ( art. 115 TC RF). The reason for dismissal does not affect the relying vacation payments.
Reasons for payments
The reason for the final settlement of vacation compensation is the order of the end of the employment agreement. It is created on the basis of the appropriate statement of the employee. The vacation right is satisfied in full on the day of termination of labor relations.
Download on our site:
Application blank for dismissal;- Sample application for dismissal;
- Order of the termination of the employment contract;
- An example of the disposal of the termination of the employment contract.
Basic parameters for calculation
Numerous factors affect the procedure for compensation payments:
- Period of spent time;
- The number of unused vacation days;
- Middle earnings.
Calculate the renewable payment will not be difficult, sobering with the basic concepts provided above. An unused vacation in the calculation can be obtained not only in the monetary equivalent, but also simply "to fly" before dismissal. Such an opportunity is implemented after submitting an employee of the corresponding written statement.
Typical vacation application with subsequent dismissal here.
An example of a vacation application with subsequent dismissal here.
Work experience
As the basis of this parameter, the period from the day of the device is taken to the moment of the alleged dismissal, and not the calendar year at all. An incomplete month is considered by such a rule:
- worked out less than 15 days - the month is not accepted for the calculation;
- the employee worked 15 and more days - the month is rounded to full.
For example: employee worked in an organization from March 17, 2011 to 19.08.2012, according to the estimated period, it will be 17 months and 3 days. According to the rule of rounding, vacation relies for the full 17-month work experience. Stripping from the number of annual leaves established by the law (28 kp), for each past month, the employee has 2,33 days of rest. In the case under consideration, the employee has 39.67 vacation days.
Calculation Algorithm: 28: 12 * 17 \u003d 39.67
Unused vacation
This parameter is calculated as the difference in the general number of vacation days and already provided for the entire period. In our considered example, the employee rested 2 times on 14 days. Therefore, the rest of the holiday, for which cash compensation is based, is calculated by the formula:
39.67 - 28 \u003d 11.67 days, where:
- 39.67 - the required number of days of vacation for the period from 03/17/2011 to 19.08.2012;
- 28 - used days (2 times a 14 days).
You can calculate unused vacation in several clicks using online calculator.
The average salary and algorithm for calculating compensation
The procedure for calculating the average earnings is fully described in article 139 of the Labor Code of the Russian Federation. After the specified amount is defined, proceed to the calculation of compensation payments using an easy formula:
Website \u003d average salary * unused vacation balance
When calculating, use the calculator of our site: Calculator for calculating holidays.
All that is required when calculating the days of unused vacation, as well as compensation for them - the attentiveness and compliance with the procedure provided above.
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