Labor Code on calculating vacation days
The rules for granting vacation days are fixed by the provisions of Article No. 114 of the Labor Code of the Russian Federation. The duration of annual leave depends on the period worked over the previous 12 months. The rules for calculating length of service are prescribed in Art. 121 Labor Code of the Russian Federation.
For a new employee of the company, vacation becomes available after six months of work. The following categories of employees are excluded:
- pregnant women;
- persons under the age of majority;
- citizens who have adopted newborn children;
- spouses of military personnel;
- citizens who took part in the liquidation of the consequences of the accident at the Chernobyl nuclear power plant, as well as persons who suffered from it.
Subsequent periods of rest are issued by employees in accordance with the accepted vacation schedule. It is approved at the beginning of the calendar year.
ADVICE! A citizen has the right to receive the allotted days earlier or later than the established time. In this case, he must notify management about this no later than two weeks before the expected date of rest. The final decision is made by the employer.
Upon acceptance of the application for leave, an order is issued. It is drawn up according to the unified T-6 form or on the organization’s own letterhead. The contents of the order include the following information:
- company name indicating the registration form;
- number and date of the order;
- personal data of the employee (full name, name of structural unit, position);
- the start date of the period for which leave is granted and its end date;
- duration of rest and date of its end;
- manager's signature;
- employee's signature confirming familiarization.
A sample order is available here.
According to Art. 115 of the Labor Code of the Russian Federation, the standard duration of paid rest for a year worked is 28 days. A citizen can divide this period into two or more periods.
How many years in a row can you not take a vacation?
An organization can be seriously fined if people's right to annual leave is violated. Therefore, it is believed that all allotted days must be spent within a year. But in practice, most often this does not look like this at all: in the pursuit of the company’s profit, business development and sales growth, there is simply no time to rest. Some careless managers do their best to retain employees by reducing their rest time. It often happens that employees themselves do not go on legal leave. The reasons are usually associated with a large volume of work, losses in money (sometimes a vacation day costs less than a working day), and the desire to receive additional money upon dismissal.
The code states that it is a gross violation if workers have not rested for more than two years. Moreover, in 2010 an international convention on the organization of labor was signed. It stipulates that all vacation days that have not been spent within two years are forfeited.
This bill has not yet been adopted, but discussions are ongoing, and it is possible that this will happen in the near future.
How to calculate vacation days
The number of vacation days depends on the time worked during the pay period. The number of allotted vacation days per month is regulated by labor legislation - 2.33.
The number of vacation days is calculated using the following formula:
29.3/12 × World Cup , where:
29,3 – fixed value of days in a month;
12 – number of months in a calendar year;
FM – number of months worked.
There are the following calculation features:
- when taking the first vacation after six months of work, the company is obliged to provide the missing days in advance;
- the final result of calculating the number of vacation days is rounded in favor of the employee;
- upon dismissal, unused vacation is subject to compensation;
- upon termination of an employment contract by persons who have worked for more than 11 months in the current period, the amount of compensation is 100% of the amount of vacation pay.
ATTENTION! If the current month is not over at the time of calculation, it is taken into account in a special way. When the number of days worked is more than 15, the month is taken into account when calculating the vacation period; if less, it is not considered.
How are vacation pay calculated upon dismissal?
Dismissal of an employee who has unused days raises the question: how to calculate vacation pay upon dismissal correctly. The amount consists of:
- compensation for all unused vacation;
- compensation for days exceeding the annual 28 days is at the discretion of the employee (Article 126 of the Labor Code of the Russian Federation).
Labor legislation provides that upon dismissal, an employee must receive monetary compensation for all unused periods (Article 127 of the Labor Code of the Russian Federation), except in cases where he is fired for guilty actions. In addition, it may be discovered that the employee previously took more days off than required. In this situation, during the final payment, you need to withhold the amount for the days that he used in advance.
The calculation usually takes place in two stages:
- Money is accrued for the last month worked before the day of leave: salary, bonuses, other payments.
- Vacation pay is calculated taking into account the requirements of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation dated December 24, 2007 No. 922.
The employer is required to pay all accruals for time worked on the last working day. If dismissal is made with the provision of vacation, then payments for time worked are transferred on the last working day. Vacation pay - three days before (Article 136 of the Labor Code of the Russian Federation), i.e. earlier than other payments. When transferring personal income tax and subsequent submission of reporting forms to regulatory authorities, take into account the deadlines!
What is included in the vacation experience?
The calculation of vacation time includes the time when the employee:
- have worked;
- was absent from the organization, but his position was retained (annual rest, weekends and holidays, periods of temporary disability);
- took leave without pay (no more than 14 days per calendar year);
- was unlawfully suspended or fired;
- did not work due to the suspension of the work process (not his fault).
In accordance with Art. 121 of the Labor Code of the Russian Federation excludes from the calculation period periods when the employee:
- was on parental leave for up to one and a half years;
- took leave without pay (days over 14 in one year are taken into account);
- was absent without good reason.
Working on a reduced or shift schedule does not increase a citizen’s working year.
Vacation followed by dismissal: when to pay
When an employee wants to resign under such conditions, the employer must be guided by the provisions of Art.
127 of the Labor Code of the Russian Federation and some regulations (listed below). Firstly, this request must be formalized in a written statement from the employee, for example this one.
Secondly, the deadlines for settlements with the employee must be met. In our case, the day of dismissal will be the last day of rest. Therefore, calculations must be made before going on vacation, because... upon its completion, the obligations of the parties will cease to be valid.
Documents are transferred in the same order: a work book and some other documents (for example, a pay slip, a 2-NDFL certificate, a certificate of form 182n, an extract from the SZV-STAZH form, etc.), which the employer is obliged to issue to the employee on the last day of work .
IMPORTANT!
The most important points are calculating the amount of vacation pay and calculating vacation days upon dismissal; the online calculator on our website will help you avoid mistakes. You can use it completely free.
Who is entitled to additional vacation days?
Persons working in certain positions or in special areas of activity are entitled to additional rest. The periods provided are in addition to the standard 28 days. This category of people includes the following employees:
- education sector - vacation from 14 to 28 days, depending on the position and type of educational institution;
- budgetary organizations that have an academic degree - 20 days;
- organizations of the defense and chemical industry - from 2 to 12 days, depending on the length of service continuity;
- medical institutions in positions with a risk of contracting AIDS or HIV - 8 days;
- in enterprises with dangerous or harmful conditions - a minimum of 7 days (the value can be increased by the employer).
Additional days are also provided based on the employee’s status: minors - 3 days of rest, disability - two days. Or based on place of work:
- regions of the Far North – 24 days;
- regions equal in status to the regions of the Far North - 16 days.
Additional rest may be replaced by monetary compensation. To do this, the employee must submit a corresponding application to management. This right is not available to persons working in hazardous or hazardous conditions.
Our lawyers know the answer to your question
Free legal advice by phone: in Moscow and the Moscow region, in St. Petersburg, as well as throughout Russia
If the employee has not worked the required eleven months, giving him the right to be granted leave, then the following proportion is used for calculation:
COM:12=KDOU:KDPO
Where:
KOM – number of working months
12 – 12 months
KDOU - the number of vacation days to which the employee is entitled
KPDO - those days that are determined by law for this category of workers.
Based on this proportion, the following formula is derived:
KDOU=(COM*KDPO):12
Example.
The number of months worked is 8. We calculate how many vacation days are due for this period:
(8*28):12=18.7 days.
If vacation days have already been provided, they are deducted from the above amount. Let’s say an employee took 5 days off as vacation. Therefore 18.7-5=12.7.
What are the rules for calculating the average daily wage for vacation assignment?
These rules are the same for calculating compensation for unused vacation upon dismissal, and for calculating the regular vacation pay of an employee who is not resigning.
To determine the average daily earnings, earnings for each of the previous twelve months must be taken into account.
IMPORTANT !!! The month in which the dismissal is made is not taken into account. The countdown of twelve starts from the previous month.
For example, an employee quits on September 12, 2021. Accordingly, the period from September 2020 to August 2021 inclusive will be taken for consideration.
Earnings for each of these months are then summed up. For example, from September 2021 to March 2021, an employee received 40,000 rubles, and from April 2021 to August 2021 – 43,000. We add up the indicators (40,000×7+43,000×5=495,000)
The amount obtained by adding the salaries is first divided by twelve. The result is average monthly earnings (495,000:12=41,250). It, in turn, must be divided by the average number of days of the month. It will be equal to 29.3. In the given example, therefore, the average daily wage will look like this: 41,250:29.3 = 1407.85 rubles. But this is an ideal situation. The employee does not always work fully for twelve months.
And in this case, the average daily salary is calculated a little differently. Here the total earnings will be divided not by the number of months, but immediately by the number of days. For example, an employee worked for 8 months and 13 days, from February 1, 2021 to October 13, 2021. Total earnings amounted to 314,000 rubles. The total number of days that the employee spent at the workplace is 255. So, 314,000:255 = 1231.37 rubles. This is the average daily salary.
