How to get compensation for unused vacation

Who can get compensation for unused vacation

If you work

By law, workers must be given at least 28 days of paid leave each year. The minimum rest period will not be replaced by compensation.

In exceptional cases, when the vacation can negatively affect the functioning of the organization, it is postponed to the next working year (counted from the date of employment). Moreover, in the next 12 months it will be necessary to walk not 28, but already 56 days.

It is prohibited to leave an employee without rest for more than two years.

For some categories of employees, vacation is increased in accordance with federal and regional laws:

for harmful or dangerous working conditions, add at least seven days;
for irregular working hours - at least three days;
for work in the Far North - 24 days;
for work in areas equated to the regions of the Far North - 16 days;
for the special nature of the work (the list of specialties is established by additional regulatory acts, it includes rescuers, civil servants, prosecutors, and so on);
athletes and coaches - at least four days.

The employer can increase the duration of employee vacations on his own, if this does not contradict the laws. But he has no right to reduce it.

Vacation days that go beyond the 28-day minimum can be compensated for with money, but not everyone.

There are categories of workers who especially need rest to recuperate:

pregnant women;
minor employees;
employed in work with harmful and hazardous conditions.

The first two categories are not entitled to compensation at all. The latter were given a concession: they are obliged to walk for at least seven additional days, and the rest can be compensated with money.

You cannot replace vacation with compensation without your consent.

If you stop working

Compensation will be paid to everyone who did not walk the prescribed days. Regardless of whether you yourself quit or you have to quit.

How to get compensation for unused leave without dismissal

If your vacation is longer than 28 days, and you are not very tired and want to get money, just write the appropriate one and submit it to the head of the company.

At the same time, the employer has the right to compensate you, but is not obliged to do so. And then you have to go on vacation. You can still file a claim in court, but it is highly likely that he will side with the defendant.

If you have not vacationed for several years, you can still receive compensation only for days that do not fit into the mandatory 28-day annual leave period.

How to get compensation for unused leave upon dismissal

There are two ways you can leave a company:

Leave on vacation followed by dismissal (but only if you leave of your own free will).
Get compensation for unused vacation.

In the second case, you must be fully settled without any statements, this is the employer's obligation under the law. The money will be transferred to you on the day of your dismissal.

Although an employee is only entitled to leave after six months of work, he is entitled to compensation even if he quits early.

If the employer ignored the requirements of the law, contact the state labor inspectorate of your region and the court. The first department will issue an order to the company to eliminate the violation and fine, the second will be able to recover the money not received. You must go to court within a year from the date of your dismissal.