How to calculate vacation days for hours worked. Compensation calculator for unused leave upon dismissal

How to correctly calculate the number of vacation days that the employee has not yet used? In this article we will look at general order definitions of non-holiday vacation days, and also consider some special cases with examples.

The need to calculate unused days of paid leave may arise, for example, when, for calculating compensation upon dismissal, when replacing unused additional vacation days with monetary compensation on the basis of an employee. In addition, the employee himself may be interested in knowing how long vacation he can expect.

The procedure for determining the number of days of unused vacation is as follows:

1. The employee's vacation experience is determined - that is, the period worked by the employee for of this employer and giving him the right to the main annual vacation.
2. The number of days of main leave already used by the employee is counted.
3. The number of days of unused main vacation is determined.

First you need to decide what a vacation experience is and how it is calculated.

How to calculate vacation time?

Vacation seniority is the length of service that entitles you to annual paid leave.

The periods of work included in the vacation experience are determined by Article 121 of the Labor Code of the Russian Federation.

According to this article labor code, the vacation period includes the following periods:

• The actual time worked by the employee;
• The time when the employee did not work, but his place of work was retained;
• Forced truancy through no fault of the employee;
• Suspension of an employee from work due to failure to undergo a mandatory medical examination;
• Unpaid leave within 14 calendar days;
• Maternity leave.

The leave period does not include the following periods:

• Absenteeism and absence from the workplace for no good reason;
• Unpaid leave for more than 14 calendar days;
• Holiday to care for the child.

How is the length of service that gives the right to leave?

It is calculated starting from the first working day at a given enterprise. The total period from the first business day to the present is considered. Periods that are not included in the vacation period are subtracted from the resulting value, according to the Labor Code of the Russian Federation. The end result is expressed in complete months. A month in which less than 15 days have been worked is not taken into account, a month in which 15 or more days have been worked is considered fully worked and is assumed to be equal to one.

Example:

The employee worked in the organization from 04/13/2011 to 10/08/2014. During this time, he took leave without pay - 20 days. Let's calculate his vacation experience.

From 04/13/2011 to 04/12/2014 worked for a full three years, this is 36 full months.

From 04/13/2014 to 10/08/2014 worked 5 full months and 26 days.

That is, the total period of work at the enterprise is 41 months and 26 days.

Subtract the excluded period from this period - 6 days of leave without pay.

We get a vacation experience of 41 months 20 days, round up to full months, we get 42 months.

Thus, the length of service of the employee, which gives him the right to the main paid vacation, is 42 months.

How to calculate the number of days of unused vacation?

Knowing the employee's vacation experience and the length of the annual main vacation granted to this employee, it is possible to calculate how many vacation days he is entitled to for the entire vacation experience.

The Labor Code of the Russian Federation establishes the minimum duration of the main paid vacation in the amount of 28 calendar days, but this period for some categories of employees may be increased. We talked about this in. In addition, the employee may be given, in addition to the main paid leave, also additional paid leave, which we talked about.

To do this, the total duration of the employee's annual paid vacation for the year is determined and divided by 12 months, the resulting value is multiplied by the number of months of vacation experience

Example:

The employee is entitled to an annual paid leave in the amount of 28 calendar days. His vacation experience is 42 full months. How many calendar days of vacation is he entitled to for the specified period?

Days = 28 / 12months * 42months. = 98 cal days.

Further, the days already used by the employee are deducted from the total number of calendar days of vacation set for the entire period worked. The resulting value will be the number of vacation days that the employee has left to walk.

An example of calculating unused vacation days:

Smirnova A.A. works from 10.05.2009. From 03/01/11 to 09/30/12 she was on leave to care for a child up to 1.5 years old. During the period of work, she managed to rest 70 calendar days of vacation. She is entitled to 28 calendar vacation days a year. Since 10/18/2014 she quits, in connection with which she needs to pay compensation for unused vacation days. Let's calculate the number of days of unused vacation.

1. We consider the vacation experience:

We consider the experience from 05/10/2009 to 10/07/2014 - 65 months 9 days.

The days of being on parental leave must be deducted, that is, we exclude the period from 03/01/11 to 09/30/12 - 18 full months.

Vacation experience = 47 months 9 days. We discard 9 days.

In total, the length of service that gives the right to vacation = 47 months.

1. We count total days of vacation = 28/12 months. * 47 months = 109.67 days
2. We count the number of days of unused vacation = 109.67 - 70 = 39.67 cal.days.

It is during these days that you need to pay.

Every officially employed citizen has the right to an annual paid leave of 28 calendar days. Vacation is paid based on average earnings this employee for the last calendar year. This does not mean a calendar year, but a working year, and the countdown does not start from January 01, but from the date of the conclusion employment contract with a specific employer.

The employee gets the right to take annual leave after six months of work for this employer. If the parties to the agreement reach an agreement, then the vacation can be granted earlier. If an employee leaves without having worked for six months, then the employer is obliged to pay him compensation for the unused vacation days. How to calculate how many vacation days an employee has accumulated? The formula for calculating vacation pay is not that complicated. You need to know which periods are taken into account for the seniority, which gives the right to leave.

Starting from the second year of fulfilling his job duties, the employee's leave is provided in accordance with the schedule, which must be approved at each enterprise by December 15 of the current year for the next year. Every employee should be familiar with the methodology for calculating vacation pay.

Vacation pay is calculated according to the formula:

OTP = (Salary / (12 * 29.3)) * number of vacation days, where:

• OTP - the amount of compensation received for the vacation;
• ZarPl is wage this employee for the entire working period; 12 - the number of months in a year;
• 29.3 is the average number of days in a month. This value is set at the level of the Government.

The calculation and payment of vacation pay must be made no later than 3 calendar days before the employee's vacation begins. It is more difficult to use the above formula if the employee has not completed the full working year.

(29.3 / 12) * total number of months worked. 29, 3/12 = 2, 44 days each employee has for the actually worked month.

When calculating vacation pay, the following periods are taken into account, according to Art. 121 of the Labor Code of the Russian Federation:

• actual work time;
• days when the employee was actually absent from the workplace, but it remained with him. Such cases are listed in the Labor Code of the Russian Federation and other regulations;
• days of forced absenteeism;
• other periods specified in art. 121 of the Labor Code of the Russian Federation.

For example, an employee got a job on November 02, 2015, and on April 28, 2017, he quit. He worked the entire period completely, without gaps. Thus, he "accumulated" 5 months of seniority for the vacation. Since April has "exceeded" half, it is considered in full. Consequently, the employee has “accumulated” 2.44 * 5 = 12.2 vacation days. According to the rounding rules - 12 calendar days.

Formula for calculating vacation pay

What the formula for calculating the average earnings for vacation pay looks like:

Srzar = Salary / (12 * 29.3), where:

• srzar is the average salary for 1 day of work of a particular employee;
• Salary is the entire accrued salary of a specific employee for the last working year;
• 12 - the number of months in a year;
• 29.3 is the average number of days in 1 month.

For example, an employee got a job on June 02, 2016, and from June 01, 2017 he has the right to go on vacation. During this period, he received 578,000 rubles. Thus, his average salary for 1 day of work is equal to:

578,000 / (12 * 29.3) = 1,638.32 rubles.

The formula for calculating days according to the vacation calendar is as follows:

(29.3 / 12) * total number of months worked. Each employee has 29.3 / 12 = 2.44 days for the actual month worked. For example, an employee has worked a full 7 months for this employer. Therefore, upon dismissal, he has the right to receive compensation for 7 * 2.44 = 17 calendar days of vacation.

Calculation formula

The formula for calculating vacation days looks like this:

Average earnings given employee * number of vacation days.

Each employee has the right to independently split his vacation, but on the condition that one half of it will be at least 14 calendar days. He has the right to divide the remaining days. But you need to reach an agreement with the employer, since the breakdown of vacation is knocked out of general schedule, and this can affect the rest of other workers.

Average earnings for 1 day of work are calculated using the following formula:

All earnings for the last calendar year / 12 * 29.3

Vacation pay in 2018 is calculated taking into account the Regulations on the procedure for calculating average earnings, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922. New calculation rules have not been developed or approved for several years.

For the amount Money that the employee will receive during his rest period is influenced by the following factors:

• the period for which the calculation is made;
• average employee earnings. It is for the purpose of calculating this indicator that it is necessary to take the appropriate certificate from the previous employer. This will allow you not to "lose" some amounts and periods;
• work experience;
• the number of rest days that the employee wishes to use. Maximum amount compensation will be paid for 28 calendar days of vacation.

Only the employee who officially works under an employment contract has the right to leave. If the employee is concluded civil contract, then such a performer does not have the right to leave. The standard vacation period is 28 calendar days. But there are some categories of workers who, by virtue of their profession and position, can apply for extra days recreation.

The first vacation is granted after six months of work, then - according to the schedule. There are some employees who can go on vacation at a convenient time for them, despite the previously approved document:

• women who will soon go on maternity leave;
• workers who have formally adopted a child who has not yet turned three years;
• underage workers.

Important! Each employee, having agreed with the employer, has the right to receive unpaid leave. In this case, you do not need to calculate anything, since the management does not have to pay for these days. But if you arrange such a rest for more than 14 days, then this will affect indicators such as seniority and the length of the working year.

Number of days in the period

To calculate vacation pay, you must take the previous 12 months and the time actually worked in them. The company may set a different billing period (for example, six months or a quarter). But this norm must be consolidated in collective agreement or otherwise normative act... With this provision, the employee must be familiarized with the signature when applying for work.

A self-determined period should not worsen the employee's position, as if a “standard” period was used in the calculation.

If an employee decided to take a vacation after six months, then the actual time worked by him is taken into account for the calculation. When calculating, you need to know which periods are excluded. These include the days of the employee's stay on sick leave (for various reasons) and on unpaid leave (more than 14 days).

Accountants sometimes have a question about accounting holidays that fall on the employee's rest period. Should I take them into account? According to the explanations of the Ministry of Labor (letter dated 04/15/2016 No. 14-1 / B-351), these days "automatically" extend the vacation, but they are not paid.

What if the period is completely excluded? For example, a woman was on parental leave to look after her child. Then, for the calculation, one should take the period that was fully worked out, even if it was several years ago. If this period is completely excluded, then you need to take the billing month and the days actually worked in it.

Downtime that occurred through the fault of the employer is also excluded from the billing period. This period is paid from the wages fund at the rate of 2/3 of the average earnings. But neither the amount nor the days are taken into account when calculating vacation days.

Payments taken into account in the calculation

To correctly calculate the average earnings, you need to know which payments are taken into account in the calculation. The Government Decree No. 922 says that the employer must take into account all amounts that relate to payments for wages. These payments must be spelled out in the relevant local regulatory act, with which the employee must be familiarized when applying for work.

Average earnings are calculated on the basis of the provisions of Art. 139 of the Labor Code of the Russian Federation. Analyzing this article, we can conclude that all payments (including incentives) are taken into account that are included in the remuneration system of a given employer and that do not contradict the norms of the law. It does not matter at what expense these payments are made.

The question arises about the accounting of premiums, since they relate to incentive payments. For the calculation, those bonuses are taken into account that relate to the remuneration system. Their list must be spelled out in one of the following local regulations:

• contract of employment;
• regulation on remuneration;
• provision on incentives (bonuses);
• collective agreement.

Calculation of vacation pay on weekends

Some employees, wanting to extend their vacation, arrange their vacation in such a way that it “hooks” on weekends and holidays. If official non-working holidays fall on the employee's legal leave, then they are not included in the number of vacation days and, as a result, are not paid. In Art. 112 of the Labor Code of the Russian Federation provides an exhaustive list of official non-working holidays in Russia. Most of them fall in January.

Young workers are often worried about whether weekends are included in the vacation period? According to Art. 119 of the Labor Code of the Russian Federation, annual paid leave in Russia is provided in calendar days... In Art. 120 of the Labor Code of the Russian Federation says that weekends, along with working days, are included in vacation and are subject to payment.

Vacation duration

In Russia, the minimum length of annual leave is 28 calendar days. All citizens who are officially employed can count on such rest. These include persons working under an employment contract. Persons carrying out their activities under a civil law contract cannot count on the annual provision of 28 days of rest. Such guarantees are given only to officially employed persons.

In Russia, some categories of workers have been identified who are entitled to extended rest. The number of extra days is prescribed by law. In addition, the employer has the right to independently "throw" a few days for the vacation. But this provision should be spelled out in a local regulatory act.

Calculation example

In order to understand how to calculate vacation pay correctly, it is necessary to give several examples.

Example 1. Employee N. wrote an application for annual leave from 02.04 to 30.04. His salary is 56,000 rubles. Before the New Year, all employees, including employee N., were given a bonus in the amount of 18,000 rubles. Every month employee N. receives compensation for gasoline in the amount of 5,000 rubles and for mobile communication 1,000 rubles. The period has been fully worked out by N.

1. The billing period from 04/01/2017 to 03/31/2018 is fully worked out.
2. Payments that must be taken into account when calculating vacation pay:
   • employee salary - 56,000 * 12 = 672,000 per year;
   • New Year's bonus - 18,000 rubles;
   • compensation payments are not taken into account, since they do not belong to the remuneration system.
3. N.'s average earnings for the billing period is equal to:
   (672,000 + 18,000) / 12 = 57,500 per month.
4. Calculation of vacation pay:
   (57,500 / 29.3) * 28 = 54,948.5 rubles.
5. N. will receive:
   54,948.5 - (54,948.5 * 13%) = 47,805.2 rubles.

Example 2. Employee N. wrote an application for an annual leave of 14 calendar days in the period from 01.04 to 15.04. N.'s salary is 42,600 rubles. N. was hired on 10/01/2017. In December, he was on sick leave for 7 days and received 12,000 rubles for this period. In December, he also received a salary of 27,000 rubles.

1. The settlement period from 01.10.2017 to 31.03.2018 is not fully worked out.
2. Before the leave, N. worked a full 6 months, that is, 6 * 29.3 = 175.8 days.
3. Together with sick leave in December - 29.3 * 23/31 = 21.7 days. Total 175.8 + 21.7 = 197.5 days.
4. Payments taken into account for calculation:
   • for 6 full months and part of December, excluding sick leave - (6 * 42 600) + 27 000 = 282 600 rubles;
   • sick leave is not taken into account.
5. Calculation of vacation pay:
   (282,600 / 197.5) * 14 = 20,032.4 rubles.
6. N. will receive:
   20,032 - (20,032.4 * 13%) = 17,427.84 rubles.

Example 3. Employee N. wrote an application for vacation from 01.04.2018 to 15.04.2018. He worked for this employer for 5 years. The monthly salary is 68,000 rubles, the monthly bonus is 5,000 rubles. At the end of 2017, a bonus of RUB 30,000 was paid. In March N. was on sick leave for 7 days, the amount of payments was 27,000 rubles, the salary for March was 40,000 rubles.

1. The settlement period is from 01.04.2017 to 31.03.2018.
2. In March, he worked 29.3 * (31 - 7) / 31 = 22.7 days.
3. The amount of payments for March to calculate the average earnings:
   • on production calendar there are 21 working days in March;
   • N. actually worked for 16 days;
   • premium for March (5,000 / 21) * 16 = 3,809.5 rubles;
   • the total amount for March is 40,000 + 3,809.5 = 43,809.5 rubles.
4. Due to the fact that N. was on sick leave, he worked out the billing period in part. Therefore, the bonus for the year should be recalculated according to the days actually worked. For N. it is 244 days. And according to the schedule - 249 days. Prize amount: (30,000 / 249) * 244 = 29,397.6 rubles.
5. Total for December - 68,000 + 29,397.6 = 97,397.6 rubles.
6. Calculation of vacation pay:
   • at the end of the year (68,000 * 11) + 97 397.6 = 845 397.6
   • number of days to calculate 29.3 * 11 + 16 = 338.3
   • the amount of vacation pay - (845 397.6 / 338.3) * 14 = 34 985.4 rubles.
7. N. will receive 34 985.4 - (34 985.4 * 13%) = 30 437.3 rubles.

Every officially employed employee is entitled to an annual. The employer is responsible for complying with this rule: if workers are not granted holidays on time, the labor inspectorate can impose serious penalties.

In addition to the basic paid leave, in some cases the employee is entitled to additional days, which must also be paid. The accountant must know how to calculate the number of vacation days in accordance with the law, as well as how to pay if an employee quit without completing a full year.

28 days - standard vacation

According to the Labor Code of the Russian Federation, the period of annual leave should be 28 calendar days; the employer can increase this number.

Any changes must be present in the collective agreement or in additional agreement with employees, in addition, they need to be reflected in the Internal Rules of the enterprise.

The organization should develop a vacation schedule, and the procedure for granting and paying for them should be clear to each employee. This will avoid mistakes and vain claims, as well as prevent resentment against the management, which can negatively affect the results of work.

Workers in some spheres are provided with extended leave: this is due to both more and the specifics of a particular industry. Extended vacations are provided in the following areas:

1. Pedagogical workers primary school rest 42 days, and the rest of the teachers - 56 days. This is due to the long summer holidays and the busy work schedule during the school year.
2. Employees working in difficult climatic conditions (in the Far North), as well as those involved in mining and geological exploration.
3. More vacation days are provided medical professionals and the military.
4. who serve in remote regions, the vacation period does not include the days that are spent on the road to home and back.
5. Customs officers, employees of the Department of Internal Affairs and the Federal Drug Control Service, cosmonauts, air traffic controllers and other persons whose work is associated with increased danger and responsibility can also count on increased leave.

In each of the listed industries, the number of vacation days is calculated according to its own regulatory documents, the accountant gets acquainted with the specifics of work after employment. Additional vacation in any industry should also be provided if employees work overtime, or the enterprise constantly has irregular working hours. In this case, the increase must be at least three days; additionally, the vacation can be increased by agreement between the management and the team.

If the employee has not been on vacation for a long time, the duration will be calculated by the months worked. Consider an example of such a calculation:

• The employee was accepted into the organization on March 20, 2014, but he did not go on his first vacation exactly one year later, but only on October 20, 2015. On April 2-12, he went on paid sick leave.
• The organization provides employees with leave for a maximum duration of 32 days.
• We calculate the billing period: the employee worked for a total of a year and another 8 months in next year... Thus, the general work time was 20 months.
• Paid sick leave time is included in the same period.
• To calculate the required number of vacation days, you need to divide 32 days by 12 months and multiply by the total number of months worked: 32/12 * 20 = 53.

Thus, the employee must be on leave for 53 days, excluding the holidays falling for this period. For the same number of days, the amount of vacation pay is calculated in the manner prescribed by law.

The procedure for calculating the amount of vacation pay

Calculating the number of vacation days

There is a general formula by which the amount of compensation for vacation is calculated: Vacation = Average daily earnings x Vacation days. If the calculation period corresponds to a calendar year, then the average number of days in a month will be 29.4. If the year was not fully worked, then the total number of all days worked is calculated.

• The size of the basic salary. If an employee receives a salary not on a time-based basis, but on a piece-rate basis, and at the time of calculating vacation data for the last month, you can take information for the same month last year.
• Allowances and additional payments that the employee received for overtime work or for an increased amount job duties... All these payments must be formalized.
• Payments and bonuses for shock work and resource saving. The premium is paid after the order of the management. This amount is also taken into account when calculating the average daily earnings.
• Additional payment for length of service, travel and other payments that the employee received during the year.

Important! All these amounts are taken into account without taxes and deductions paid from them. Pension Fund, based on the result obtained, the total daily earnings are calculated.

As a result, on the basis of the total amount received, the average daily earnings are calculated, and it must be multiplied by the amount of her vacation. The result will be the amount of compensation for paid leave that the employee should get his hands on on the first day.

Calculation of compensation for leave upon dismissal

Per unused vacation compensation is due

If an employee leaves without taking advantage of the due paid leave, the company must pay him compensation for everything vacation days... If before that the employee did not go on vacation for several more years, all these compensations must be summed up.

In the event that a full calendar year has been worked, the company pays compensation for 28 vacation days, taking into account the average daily earnings for the period worked. If less than a year has passed since the moment of hiring or since the last vacation, then payments are calculated according to the hours worked.

In this case, days worked that are less than half a month will not be taken into account, and if there are more of them, then the number of months is rounded up. All compensation for unused vacation must be paid on the day of dismissal. At the same time, the enterprise makes a full settlement with the employee and issues it.

If the employee has already received vacation pay for a whole year, but has not completed the allotted time, the company has the right to withhold the remainder from his salary during the final calculation. Paid leave is one of the important benefits of formal employment, and the employer must strictly comply with legal requirements.

In case of violation of his rights, the employee may, after which the enterprise will have to not only pay the due compensation, but also pay legal costs. In order to prevent vain proceedings, it is necessary to carefully calculate the number of days and the amount of vacation pay required by law.

For a refresher in this area, watch this recording of the Traditional Spring Vacation Pay Webinar:

The termination compensation calculator calculates in several stages. First, the number of calendar days of unused vacation for which the employee is entitled to compensation is determined. Then the amount of compensation itself is calculated. To do this, you need to know the size of the average daily earnings of a quitting employee. By the way, if necessary, the calculator will help to calculate the average daily earnings.

Calculation of compensation for unused vacation: formula

Unused vacation compensation is calculated using the following formula:

The number of unused vacation days by general rule is defined as the product of the number of vacation days, assigned to the employee for each month of work (we divide the annual vacation by 12), by the number of months worked for a particular employer, minus the days of vacation already taken.

Please note that when calculating the number of months worked by the employer, there are some peculiarities (clause 35 of the Rules, approved by the NKT of the USSR on 04/30/1930 N 169). So, if the employee has worked less than half a month, then this month is excluded from the calculation, but if half or more, this month is taken into account as a whole. As we were explained in Rostrud, if there are 31 days in a month, then half is 16 days, and if there are 29 days in a month, then half is 15 days.

Compensation for unused vacation if vacation is granted in working days

Vacation is granted to certain categories of employees not in calendar days, but in working days. For example, such workers include seasonal workers (Article 295 of the Labor Code of the Russian Federation), as well as employees with whom an employment contract has been concluded for up to two months (Article 291 of the Labor Code of the Russian Federation). So, compensation for unused vacation for these employees is calculated using the same formula as for employees who are granted vacation in calendar days (see the formula above). However, the number of unused vacation days is considered differently:

Term for payment of compensation for unused vacation

The employer is obliged to make all settlements with the employee upon his dismissal on the last day of work of this employee (Article 140 of the Labor Code of the Russian Federation). Accordingly, the employee must also receive compensation for unused vacation on his last working day.

Responsibility for non-payment of compensation for unused vacation

If the employer does not pay the quitting employee compensation for the unused vacation, and the labor inspectorate finds out about this (for example, the employee writes a complaint), then the employer will be fined. The amount of the fine is (part 6 of article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• from 30,000 rubles up to 50,000 rubles - for a legal entity-employer;
• from RUB 10,000 up to 20,000 rubles - for officials legal entity-employer;
• from 1000 rub. up to 5000 rubles - for individual entrepreneurship employers.

By the way, if the employer pays compensation for unused vacation, but in violation the deadline, then along with this compensation, the employer is obliged to pay the employee another compensation - for the delay in labor payments (Article 236 of the Labor Code of the Russian Federation). Its size can be calculated by ours.

According to Russian legislation any employed person has every right to regular paid vacation of at least 28 days annually.

In addition, tally may be difficult for employees who often take time off or are on parental leave.

In accordance with the Labor Code of the Russian Federation, every working person has the right to be provided with rest from work. The duration of any citizen's leave must not be less than 28 days.

In addition, the XIX chapter of the labor legislation provides for cases that allow the employer to charge additional days for rest for the periods:

• sessions;
• business trips;
• temporary disability.

The management team of the company has the right to provide its employees with leave in excess of the standard, if its long absence from the workplace does not entail disruptions in the production process.

To implement such an event, the provisions on the increased amount of rest must be stipulated in the company's internal regulations, available for familiarization to the entire workforce.

Who is entitled to extra vacation days?

According to Russian law, certain categories of workers can expect to receive several extra days of rest.

These citizens include:

• personnel with frequent overtime;
• workers whose work process puts their health at risk.

In addition, legislative acts contain a list of specialties, whose representatives are guaranteed to receive additional rest.

Including are:

• astronauts;
• miners;
• athletes;
• health workers;
• judges;
• customs personnel;
• mining workers;
• citizens working in the High North and surrounding areas.

The duration of rest for these professions can be calculated only after studying the documents regulating their work activities.

Citizens performing overtime, heavy or hazardous work can count on three additional days to the main vacation.

The extended leave is also given to teachers. When calculating the duration of paid leave, the amount of hours of workload and the length of service of each teacher in this area are taken into account.

The minimum duration of the annual rest of teachers primary grades is 42 days. For other teachers, the paid rest period can be extended to 56 days.

How much do you need to work to be able to go on vacation?

After a year worked at one place of work, everyone has the right to compensated rest, which cannot be less than a full four weeks.

But the Labor Code of the Russian Federation states that an employee is entitled to a well-deserved vacation after a full eleven months of work.

By personal agreement with the management, you can take a vacation after 6 months of work.

But you need to understand that in this case, the amount of vacation pay will be significantly lower.

The employer cannot refuse to grant premature leave to employees who have not reached the age of majority and women who are going to go on maternity leave, even if they have been the staff of the company for less than six months.

What is the billing period?

Calculations should be carried out at the time of the conclusion of the employment contract with the employee, and not from January 1.

The billing period should include all hours of the working year, even if the staff wishes to divide their rest into several parts.

For example, an employee started working in a certain company in May 2015.

He decided to choose June 2016 as the month of the first two-week break, and chose to postpone the remaining 14 days to December 2016.

In this case, the time period from May 2015 to April 2016 will be used for the calculation, since this time is the first working year of this employee. From May 1, 2016, all calculations must be repeated. In this example, the employee can use the accumulated vacation days for last year and an additional several days for the worked May.

To calculate the number of days of leave for each working month, it is necessary to make a mathematical division due days rest by 12. In the case of the minimum allowable number of vacation pay, this figure will be equal to 2.3333 days per month.

How to calculate the number of vacation days?

The duration of the provided break from work at each enterprise is calculated individually, however, no annual leave by law can be less than 28 days.

To correctly calculate the exact number of days allotted for rest from labor process, it is necessary to establish the absence or presence of reasons for changing the duration of the vacation of a particular employee.

The billing period takes into account the time fully worked by the employee.

The following factors can affect the duration of the rest and the amount of vacation payments:

• more than 14 days off at the expense of an employee per year;
• Holiday to care for the child;
• temporary disability;
• truancy.

In a situation where an employee has not exercised the right to a paid break from work for several years, he is entitled by law to a longer vacation.

If the worker has not been on leave for more than 24 months, the employer may be held liable, because this situation is considered a serious violation of workers' rights.

For the correct calculation of the duration of the paid rest of a person who missed work due to illness or going to a session, it is extremely important to correctly draw up a billing period.

For example, a citizen was hired on March 21, 2015, and he chose November 30, 2016 as the first day of vacation.

However, from April 2 to April 12, 2016, the employee was absent from his own workplace due to temporary disability due to illness.

Let us assume that the maximum duration of rest for workers is of this enterprise can be up to 32 days.

In this case, it turns out that in the case from March 21, 2015 to March 20, 2016, the first year was worked out, and from March 21, 2016 to November 30, 2016 another eight months and ten days passed.

In order to calculate the entire period of his deserved break in labor activity you will need to mathematically divide the total number of vacation days (in this case 32) by 12 (the number of months in a year) and multiply the resulting indicator by the total amount of working months (in this example, 20). In this case, we get 52.33 days. After you need to round up given value up to a full 53 days - that is how many days the employee from the given example is entitled to.

In this example, it is necessary to take into account the period actually worked and the time during which the staff was on sick leave.

How to calculate the number of vacation days upon dismissal?

The principle of calculating the compensation for the accumulated vacation upon dismissal was derived in 1930 by decree No. 169 of the USSR National Committee of the Republic of Kazakhstan.

This document states that the number of accumulated vacation pay is equal to the number of full months that the employee has worked after the last vacation period multiplied by the total number of full days of rest guaranteed to employed citizens, and divided by the total number of months in a year.

At the same time, the formula proposed by RosTrud is applied, according to which a single worked month guarantees the worker a certain amount of vacation pay. But experts make claims to this formula due to the inaccuracy of the calculation, since dividing 28 by 12 will result in a periodic value of 2.333333.