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How to calculate vacation days for hours worked. Calculation of the number of days of unused vacation

Instructions for using the vacation days calculator

Change the data in the field "Duration of annual leave" if you have a different duration. Also enter the number of days used, if you know it.
Enter your dates in the Hired Date and Estimated Date fields. The settlement date is the date on which you want to receive the settlement. These fields are mandatory.
The data entered in the fields of the tables “Absence from the workplace for no reason” and “Parental leave” will deduct vacation days in proportion.
The data entered in the fields of the "Leave without pay" table will also deduct the days of leave commensurately, with the exception of the first 14 calendar days in each year.
Click "CALCULATE". You can save the result to a doc file.

Also take into account:

Use the Today button (circle with a dot) to quickly insert the current date.
Use adding, deleting and clearing the necessary fields with the corresponding buttons for faster and more convenient entering and changing information.

About the vacation days calculator

Calculator vacation days it will easily allow you to find out how many days of vacation the employee has accumulated at one time or another.

Legislative basis for calculating vacation days

The vacation period is calculated in accordance with Art. 121 Labor Code Russian Federation.

Why know your vacation experience

The time worked for one employer, giving the right to take annual leave, which will be paid, may be needed not only directly to calculate this period, but also in order to know how many days are compensated upon dismissal.

What is included in the vacation experience

An employee who works continuously for the same employer will be entitled to annual leave subject to the following periods:

the time when he actually performed his duties;
periods when the employee was absent from work, but his place was saved (vacation, sick leave, decree, military service, etc.);
weekends and other non-working days;
forced absence from work illegal dismissal;
suspension due to untimely medical examination (if this is not the fault of the employee);
additional administrative leave (no more than two weeks per calendar year).

IMPORTANT! Amendments were made to the legislation regarding the accrual of seniority during administrative leave:

from 30.12.2001 to 05.10. 2006, no more than 7 days of vacations at their own expense per year were taken into account;
from 06.10.2006 this limit has increased to 14 days.

What is not included in the vacation experience

Some periods of time will not be taken into account when calculating the length of service required for vacation, namely:

employee absenteeism;
suspension due to alcohol, narcotic, toxic intoxication;
non-permission to work due to ignorance or failure to pass the safety rules check;
employee did not pass mandatory medical examination through his own fault;
inability to perform work on a medical report;
termination of the license required for labor activity(eg driver's license, gun permit, etc.);
leave to care for a child older than 1.5 years.

Counting features

The duration of the annual leave of 28 days is taken as the basis, unless otherwise specified for special categories of employees.

In the first year of work, the minimum length of service for the opportunity to go on vacation must be at least six months. This is not included in the calculator, just keep in mind.

In the event of dismissal, 100% compensation for unused vacation days can be calculated by employees who have worked for at least 11 months.

If the employee went on vacation before 11 months continuous work, and then was fired, then he will have to return part of the vacation pay received in advance upon dismissal.

Annual leave is prohibited not to be used for more than 2 years in a row.

Breaking the vacation into parts is allowed, but one of the parts should not be shorter than 2 weeks.

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

In addition to the basic paid leave, in some cases, the employee has the right to extra 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 the employee quit without working 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 in collective agreement either in additional agreement with employees, in addition, they must be reflected in the Internal Regulations at the enterprise.

The organization should develop a vacation schedule, and the procedure for their provision and payment should be clear to each employee. This will avoid mistakes and vain claims, as well as prevent resentment against management, which may adversely affect the results of work.

Employees of some areas are provided with increased leave: this is due both to more and to the specifics of a particular industry. Extended holidays are provided in the following areas:

Teaching staff elementary school rest 42 days, and the rest of the teachers - 56 days. This is due to both the long summer holidays and the busy work schedule during the school year.
Employees working in difficult climatic conditions (in the Far North), as well as those involved in mining and geological exploration.
More vacation days provided medical workers and military personnel.
who serve in remote regions, the vacation period does not include the days that go on the road to and from home.
Customs officers, employees of the Departments 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 regulatory documents, the accountant gets acquainted with the specifics of work after employment. Additional leave in any industry, it should also be provided if employees work overtime, or the enterprise constantly has irregular working hours. In this case, the increase should be at least three days, additional vacation may be increased by agreement between the management and the team.

If an employee has not gone on vacation for a long time, then 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, however, 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, the maximum duration of which is 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.
This period also includes paid sick leave.
To calculate the required number of vacation days, you need to divide 32 days by 12 months and multiply by the total amount of months worked: 32/12 * 20 = 53.

Thus, the employee must be on vacation for 53 days, excluding the holidays that fall during 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

Calculation of the number of vacation days

There is a general formula by which the amount of vacation compensation is calculated: Vacation pay \u003d Average daily earnings x Vacation days. If the billing 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 out, then it is calculated total all days worked.

Basic salary. If an employee receives a salary not on a time-based basis, but on a piece-rate basis, and by the time vacation data is calculated for the last month, you can take information for the same month last year.
Allowances and extras that the employee received for overtime work or for more official duties. All these payments must be formalized.
Payments and bonuses for hard work and saving resources. The payment of the bonus is carried out after the order of the management. This amount is also taken into account when calculating the average daily earnings.
Bonus for seniority, travel and other payments that the employee received during the year.

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

As a result, based on the total amount received, the average daily earnings are calculated, and it must be multiplied by the number of vacations. The result will be the amount of compensation for paid leave that the employee should receive on hand on the first day.

Calculation of compensation for vacation upon dismissal

Compensation for unused vacation

If an employee leaves without using the prescribed paid vacation, the company must pay him compensation for all 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 out, the enterprise 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 date of employment or since the last vacation, then payments are calculated based on hours worked.

At the same time, 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.

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

In case of violation of their rights, the employee may, after which the company 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.

To refresh your knowledge in this area, watch the recording of the traditional spring webinar on vacation pay calculation:

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

Calculation of compensation for unused vacation: formula

Compensation for unused vacation is calculated according to the following formula:

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

Pay attention to the fact that when calculating the number of months worked for the employer, there are some peculiarities (clause 35 of the Rules, approved by the NCT of the USSR on 04/30/1930 N 169). So, if an 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 explained to us 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 the vacation is granted in working days

For certain categories of employees, leave is granted not in calendar days, but in working days. For example, such employees include seasonal workers (Article 295 of the Labor Code of the Russian Federation), as well as employees with whom labor contract 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 according to 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 calculated differently:

Deadline for payment of compensation for unused vacation

All settlements with the employee upon his dismissal by the employer must be made 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.

Liability for non-payment of compensation for unused vacation

If the employer does not pay the retiring employee compensation for 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, article 5.27 of the Code of Administrative Offenses of the Russian Federation):

from 30000 rub. up to 50,000 rubles - for a legal entity-employer;
from 10000 rub. up to 20000 rub. - for officials legal entity-employer;
from 1000 rub. up to 5000 rub. - for individual entrepreneurs.

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

Workers are aware of their right to, but at the same time, few people are familiar with the procedure for calculating the agreed type of vacation, as well as the number of days they can claim.

Moreover, in some cases, even personnel workers experience difficulties, especially if the employee’s working period is shifted for one reason or another. That is why, in order to avoid incidents when providing time off from the work process to the required extent, this issue is covered by law.

Legislative regulation of the issue

According to the norms determined by law, a worker can count on rest, both between shifts and weekly, and the annual basic one in the amount of 28 days on a calendar basis on the basis of Article 115 of the Labor Code of the Russian Federation.

At the same time, in accordance with the norms enshrined in Article 116 of the Labor Code of the Russian Federation, if the working conditions at the enterprise deviate from normal or have some features, the worker is also entitled to, the size of which is approved by law.

In particular, in accordance with Article 117 of the Labor Code of the Russian Federation, if available, the minimum length of the period of release from labor duties is a full week, and on the basis of Article 119 of the Labor Code of the Russian Federation, 3 days. In the case of work in the northern regions, from 24 to 16 days, and for conditions that imply increased psychological stress or other features, up to 10 days, but already in proportion to the length of service worked.

At the same time, according to the norms reflected in the Letter of the Ministry of Labor No. 861-7, both the main vacation and the additional one, in general, are annual rest by summing up the indicated periods, taking into account some of the features reflected in the Letter of the Ministry of Labor No. 14-2 / B-1045 and implying the provision of legal absence from the workplace only for work actually carried out under the specified conditions.

But the main rest is calculated already on the basis of the norms enshrined in Rules No. 169, but taking into account certain circumstances. In particular, the length of employment at the enterprise for at least six months, the length of administrative rest for the calendar year and use, if it was granted. That is, according to Article 121 of the Labor Code of the Russian Federation, only periods during which the employee directly worked or was released, for example, during illness, will be taken into account.

Working hours

In accordance with Article 122 of the Labor Code of the Russian Federation, rest is provided to each worker annually, but taking into account the planned rest periods reflected in the priority schedule.

At the same time, for the first year of employment, an employee can count on rest of a full duration equal, in accordance with Article 115 of the Labor Code of the Russian Federation, to 28 days already six months later, but again taking into account the schedule. But for the second and subsequent years the time of release from duties is provided already without taking into account the worked period, respectively, also on the basis of the schedule.

At the same time, in a number of cases, stipulated in the Labor Code of the Russian Federation, annual right for temporary release from work duties may be granted to an employee and before the expiration of six months. In particular, the management of the company is obliged to satisfy the employee's request for unscheduled rest in the following situations:

The law also allows the possibility of issuing annual leave for ordinary employees who do not belong to privileged categories, but only in agreement with the management, for example, in the event of family problems and for a period that can be calculated in proportion to the hours worked.

What is a billing period

Within the framework of the law, a billing period is a certain length of time, which is taken into account for the implementation of accruals or other actions.

For example, the billing period for vacations is a calendar or working year, depending on what this concept is used for. Suppose, for calculating vacation pay, the last 12 months are taken into account, for which actually average earnings and is calculated in accordance with Article 139 of the Labor Code of the Russian Federation.

In turn, when calculating the days of release from work this indicator is calculated in a completely different way, moreover, some difficulties may arise in determining it. In particular, according to Article 121 of the Labor Code of the Russian Federation, the length of service granting the right to annual rest includes the following periods:

At the same time, according to Article 121 of the Labor Code of the Russian Federation, the length of service, on the basis of which the number of days is calculated, not included following days:

time spent on maternity leave;
suspension from the performance of duties is already the fault of the worker, for example, in connection with the failure to undergo a periodic medical examination. examination or termination of a license or other documents, for example, the same driver's license.

Also, according to the Letter of the Ministry of Labor No. 14-2 / B-1045, the time of release from work duties, which is due in addition to the already existing annual one, is provided only for the time of employment precisely in conditions that deviate from the norm, and on the basis of which the agreed days are provided. That is, in fact, the length of the agreed vacation will not be the same 7 days, but possibly less if the employee was sick during the year or used part of the main rest.

Counting order

In essence, the calculation annual leave does not cause any particular difficulties, given that you just need to determine from which calendar date to count 28 days. At the same time, if one of the holidays specified in Article 112 of the Labor Code of the Russian Federation occurs during the rest, the period of release from work will be extended, respectively, by the number of holidays.

And here is the calculus extra time exemption from labor duties has its own nuances. In particular, for starters, the working days of the worker are taken into account, that is, from the moment of admission to the day the rest is provided. Then, days of incapacity for work, if any, as well as other periods of absence from the enterprise, for example, the same administrative leave, are excluded from the agreed period of time.

If the worker was employed for a full year corresponding to 12 months, then the allowance is granted in full, for example, for 7 days.

If the employee was absent for two months, then the rest is respectively provided only for 10 months, by making the following calculations:

7 / 12 = 0,58;
0,58 * 10 = 5,8.

At the same time, if during the calculation the day turns out to be incomplete, in accordance with Rules No. 169 rounding applied, which in this case would result in 6 days of rest.

Incomplete billing period

According to the norms determined by Article 115 of the Labor Code of the Russian Federation, the time of release from work is issued in full equal to 28 calendar days after six months of employment, taking into account weekends and sick days.

At the same time, in accordance with Article 121 of the Labor Code of the Russian Federation, during the period granting the right to legal rest, not included:

That is, if a worker was absent for several months during the year due to the use of the above time intervals, the working period, which begins its countdown from the moment of employment, is shifted by a number of days equal to the absence.

For example, an employee was admitted to the company on February 17, 2015, during the period from 2015 to 2016. vacation was used in full, and for the period from 2016 to 2017. rest according to the schedule was to be granted in January. At the same time, during the working year, the worker used the right to exemption from work duties at his own expense equal to 2 months, which automatically led to a decrease in the total time for calculating leave by 45 days and, as a result, to a reduction in annual rest time.

Example

For each month of employment, an average worker 2.33 days of legal rest based on the following calculations:

28 days is divided by the calendar number of months equal to 12: 28 / 12 = 2,33.

If the employee is granted leave in full, then, accordingly, the above calculation is not made due to the fact that it is not necessary.

If employee's working period decreases, for example, by one and a half months, then the following actions should be performed:

12 — 1,5 = 10,5
10,5 * 2,33 = 24,46.

At the same time, in accordance with clause 35 of Regulation No. 169, less than half of the surplus is excluded, which ultimately leads to the length of the annual rest equal to 24 days.

Before the decree

In accordance with Article 260 of the Labor Code of the Russian Federation, an employee in a special position before childbirth or immediately after them, as a measure of additional support, was granted the right in full and without taking into account the length of service worked in the company. That is, in fact, a woman is given rest in advance, which in some cases can lead to some difficulties.

In particular, if there is employment for only 4 months, the employee, when going on maternity leave, will receive the right to rest for 28 days, while, based on the period worked, she is entitled to only 9 days:

4 * 2,33 = 9;
28 -9 = 19.

At the same time, given that for the implementation of childbirth, a woman is provided, which, according to the norms of Article 121 of the Labor Code of the Russian Federation, is included in total time employment to calculate the duration of the period of release from work, 140 days will be added to the already existing 4 months and, in total, will be 8.

Thus, by the time she goes on leave before giving birth, the woman will be given 19 days (28 - 9) in advance, but at the end of the sick leave, the difference between the actually earned and provided vacation on a preferential basis will already be 9 days:

8 * 2,33 = 18,64 = 19;
28 — 19 = 9.

That is, in fact, when leaving, a woman will have to work only 4 months to cover the difference between the vacation provided in advance and the time actually worked, after which she will have the right to an annual vacation in a general manner.

For the rules for granting the right to annual periods of release from work, see the following video: