Table of contents:
- Who is entitled to vacation pay
- When you don't get paid for your vacation
- When vacation pay is paid
- How vacation pay is calculated
- Is it possible to receive compensation for unused vacation
- What to do with unused leave when you leave
- How to calculate compensation
2023 Author: Malcolm Clapton | [email protected]. Last modified: 2023-05-22 06:26
The money must be paid three days before the vacation. And if you do not have time to rest and quit, compensation is due.
Who is entitled to vacation pay
According to the Labor Code, employees must be granted annual leave. During the rest, your position and salary are retained for you. In addition, it is paid: for each day you are charged vacation pay in the amount of the average daily earnings for a calendar year.
When you don't get paid for your vacation
An employee has the right, for family reasons or other reasons, to ask the employer to give him unpaid leave. Already from the name it is clear that in this case you can not wait for money.
Unpaid leave does not replace paid annual leave. This is an opportunity to free up additional working days in case of force majeure.
When vacation pay is paid
You should receive money for all days of vacation three calendar days before its start or earlier - it depends on the speed of the accounting department. But not later than this date.
If the last day on which you have to transfer vacation pay, weekend or holiday, the money will be given to you the day before.
How vacation pay is calculated
For every day of vacation, including those that fall on weekends, you are paid average earnings. To calculate it, you need to divide the amount of wages accrued over the last 12 months by 12 and then by 29, 3 - the average number of days in a month. The salary in the calculations is taken into account with bonuses, allowances, surcharges for overtime.
Let's say you are going on vacation since August 1, and before that you were on vacation in June last year. At the same time, until January 1, you received 44 thousand a month, from January 1 - 50 thousand, in March you were given a bonus of 5 thousand rubles. Then the calculations look like this:
(5 × 44 + 7 × 50 + 5) / 12/29, 3 = 1.63 thousand rubles
Accordingly, if you are going on vacation for 10 days, then you will be given 16, 3 thousand for it.
If you went on vacation - annual and without pay - took sick leave or were released from work for another reason, these days and the money charged for them are excluded from the calculations.
For example, in April you took a week off. To find out how many days to take into account when calculating the average daily earnings in April, you need to divide 29.3 by the number of days in that month and multiply by the difference between the number of days in a month and the number of days you were not at work:
29, 3 / 30 × (30 − 7) = 22, 4
Accordingly, the formula for calculating the average daily earnings will also change. The number of working days will change in it, and vacation pay for April will be excluded from the total earnings:
(5 × 44 + 6 × 50 + 30, 24 + 5) / (11 × 29, 3 + 22, 4) = 1, 61 thousand rubles
Is it possible to receive compensation for unused vacation
The minimum vacation time is 28 days per year. They must be walked off without fail.
In exceptional cases, the rest can be postponed for a year. At the same time, the organization cannot leave an employee without a vacation for more than two years. So the employer, who does not need problems with the inspection authorities, will persistently send you to rest.
But for some categories of employees, the duration of vacation is increased in accordance with federal and regional laws or at the request of the employer. If you are not a pregnant woman, do not work in hazardous and dangerous conditions and you are over 18 years old, you can receive compensation for additional days of vacation.
The employer has the right, but not the obligation to replace the vacation with compensation, so you may still have to go on vacation.
What to do with unused leave when you leave
If you have accumulated unused vacation days, you must be compensated for them upon dismissal. And it doesn't matter when exactly you did not take your vacation: this year or five years ago.
An employer who does not want to pay compensation can be held accountable in court. For this you have a year from the date of dismissal.
How to calculate compensation
The same as vacation pay: for each day of unused vacation, you receive an average daily wage.