Vacation is a time that employees look forward to. However, you should be prepared to defend your interests. You can find out how the calculation is made vacation days in order to receive exactly the amount of rest that an employee is entitled to according to the laws of the country. The Labor Code regulated the lower limit of days that an employee can count on. However, no one limits the employer if he wants to improve the performance of staff by providing additional days for rest.
Legislation. Vacation and its duration
Of course, Russian legislation could not help but regulate the number of days that should be provided to an employee. Thus, Article 115 of the Labor Code of the Russian Federation directly regulates this provision.
It states that the employee has the right to another vacation, which is provided annually, and the number of days in it can be twenty-eight calendar days.
Separately, there are lines stating that more days of rest can be provided, but only for professions that are included in a specific list.
It is also worth highlighting Article 37, which stipulates the right of every employee to receive legal rest. Article 114 can also be safely included in this group, which states that the employee has the right to maintain average earnings during the period of his annual rest.
However, it is worth considering that the employer can change the number of days of annual leave, but only upward. Moreover, this situation must be agreed upon by management and must be indicated in the internal documents of the organization. Often, enterprises use the standard duration of annual basic paid leave, namely twenty-eight days.
Who is entitled to longer leave?
The duration of vacation days is regulated, as mentioned above, by Article 115 of the Labor Code of the Russian Federation, but it is worth noting that a larger number of days of annual vacation may also be provided for by law.
For example, employees who have not reached the age of majority are entitled to a longer vacation, namely thirty-one calendar days. Calculation of vacation days for children's employees educational institutions also different, the total number of days of rest is forty-eight. Also, this group of employees who were lucky enough to receive a longer period of rest can include True, their vacation is only two days longer, that is, thirty calendar days.
Types of vacations
It is also worth noting that there are several types of vacations. The main thing is annual paid leave. It is provided to employees of all industries. That is, in any case, the employee will receive his legal twenty-eight days of vacation.
But it is also worth noting a special group, the so-called additional vacations. They are available to those who work irregular hours or are involved, for example, in hazardous work. The number of vacation days may vary. But in general, workers in hazardous production receive two additional weeks of rest, that is, fourteen paid calendar days.
A special mention can be made for study holidays. However, they are issued only if two conditions are met:
- This education, both higher and secondary, must be obtained by the employee for the first time. Repeated training does not imply the provision of paid leave. However, the employee may take days at his own expense;
- Availability of a call certificate from the place of study. It must contain information about educational institution, the start and end date of the session, have information about what course the student is studying in, contain his data, and also have all the signatures and seals.
First vacation. How much?
What to do with the calculation of vacation days if the employee has not yet worked for a full year? It is worth noting that an employee has the right to go on vacation after working at the enterprise for at least six months. This does not take into account movements within the organization.
That is, if an employee gets a job in one department and then moves to another, he is entitled to vacation for the entire period of work not at a specific workplace, but at the enterprise. Therefore, a situation may arise when an employee just joined the team and immediately went on vacation.
If the employee has worked for six months, that is, exactly half of the entire year, then the HR department can proceed to calculating the number of vacation days. Annual leave will generally be two weeks, that is, fourteen days. Additional vacation is calculated using a special formula. An employee can turn to special resources for help, for example, there are vacation day calculators.
Calculation of additional leave. Nuances
If an employee has worked fully for six months and wants to go on vacation, the employer has the right to grant it to him. IN in this case There are no problems with basic annual leave. It will be exactly half of the required vacation, namely 14 days.
What to do with additional vacation? In fact, if an employee works in harmful conditions, in increased danger, then he can receive an additional fourteen days of vacation. That is, logically, in six months he can get seven days of vacation. Is it so?
In the case of hazardous leave, it should be taken into account that it is provided only for the time when the employee was involved in hazardous production. That is, if an employee was on sick leave for more than two weeks or worked in another position, then he may not receive his rest days.
Case Study
The employee Sergei Ivanov worked at the enterprise for eight months. Of these, he spent two as an intern, and the rest he worked in hazardous working conditions. What should he expect from his employer if he wants to go on vacation? Vacation days can be calculated as follows:
- Since the employee has worked for six months, he can take 14 days of annual leave.
- Provided that the employee has been in hazardous work for six months, he can also count on seven days of additional leave.
In total, Sergei Ivanov can count on 21 days of vacation.
Billing period: an important concept
It is noteworthy that many employees mistakenly think that vacation is provided to them for calendar year, that is, for the period from January to December. This is wrong. A year is indeed taken into account, but only from the moment the employee is hired at a specific enterprise.
This means that if an employee got a job in April, then his pay period will now be constantly used from April to March of the next year. It is during this period that the number of vacation days is calculated.
Billing period. Examples
If an employee got a job in April 2016, then he has the right to full leave after eleven months. This means that already in February he can contact the personnel department with an application to grant him leave for 28 calendar days.
However, an employee can take partial leave. That is, if Georgy Petrov came in April 2016 and leaves in April 2017, but takes out only 14 days of vacation, then the remaining days do not expire. He can take them later, for example, in December.
At the same time, in December, the HR department draws up a calculation note, which indicates that the vacation is taken not for the period April 2017 - March 2018, but for the old one. And for a new one, vacation days continue to accumulate.
Calculation of vacation days. Formula
How to understand how many days an employee is entitled to for vacation, provided that he has not fully worked the pay year? You'll have to do a little math. Of course, it’s much easier to use a vacation days calculator, which is now available on various resources. However, it is also easy to carry out the calculation yourself.
To do this, it is worth determining how much each month of work “weighs”. To do this, it is worth determining how many days of labor leave are provided at the enterprise, and then dividing it by 12, that is, by the number of months in a year. In general, when employees receive twenty-eight calendar days, one month equals 2.33 days of vacation.
Now you can start counting, you need given number multiply by the number of months the employee worked. The resulting number is then rounded if necessary.
Case Study
Days is quite simple, but it is better to see its application in a practical example. So, if an employee worked eight months of his pay period and wants to take back all his days worked, he will have to calculate how much he is entitled to.
The company provides employees with four weeks of vacation, that is, 28 days. Then one month can be taken for 2.33 days of vacation pay. That is, you can then multiply 2.33 by eight, that is, by the number of months worked.
Thus, in this case, the employee must be granted annual leave for 18-19 days.
Calculation of additional vacation days. Peculiarities
But what if the employee also wants to get additional leave? Also count. In general, everything is taken into account in the same way. So, if you are supposed to have fourteen days for the whole year, then one month is equal to 1.16 days of vacation. This number was obtained by dividing the total number of vacation days by the number of months in the year.
However, it is worth carefully checking whether the employee really worked for this entire period? For example, days on sick leave for more than two weeks, as well as administrative leaves of the same duration, are excluded from the calculation period.
So, if an employee who has worked for eight months should receive another 9 days of vacation for harmful work. However, if out of the time he worked, he was on administrative leave for a month, and another three weeks on sick leave, then he will be provided with leave of such a plan only for the remaining six months, that is, in the amount of seven days.
Vacation pay calculation
When telling how to correctly calculate the number of vacation days, it is necessary to mention one more thing: important point: payment of days for vacation. Here employees and accountants should also be careful. As already mentioned, Article 114 of the Labor Code of the Russian Federation states that the employee receives vacation pay, which is calculated based on average earnings. What does this mean?
To calculate vacation pay, two indicators are needed, namely wages and the number of days worked.
Wages are remuneration for work, for time worked. However, this does not include bonuses that are one-time in nature, financial assistance, the amount of vacation pay for past vacations, as well as payment for days on sick leave.
Days are also taken into account according to a special coefficient. Each month that an employee works fully is counted as 29.3 days. This number is based on the average number of working days per year, minus holidays.
That is, if an employee has a salary of 30,000 rubles and has worked twelve months in full, then his calculation has an extremely simple form:
- 360,000 rubles - amount wages for the accounting year;
- 351.6 - number of days worked.
In total, one day of vacation is paid in the amount of 1023 rubles and 89 kopecks. Payment for annual leave, additional leave or student leave is the same. It is also worth considering that vacation is provided in calendar days, that is, weekends that fall within the vacation period are also paid.
Calculating annual leave days is the job of the HR or accounting department. However, the employee can independently check whether his rights are being infringed. To do this, it is enough to use simple formula or use a calculator to calculate such an indicator. In any case, the vacation will not be overshadowed if the employee knows his rights.
The vacation pay calculator calculates according to the rules of Art. 139 Labor Code of the Russian Federation and, approved. Decree of the Government of the Russian Federation dated December 24, 2007 No. 922.
How to use the calculator:
- To calculate vacation pay (compensation), you need to find out the billing period. The default calculation period is 12 months preceding the start date of the vacation (or dismissal). The rules for choosing a billing period are specified in the Government Decree.
- If there are periods in the billing period that must be excluded when calculating average earnings (for example, the employee was on sick leave or on a business trip), you indicate the number of calendar days of exceptions in the “excluded days” column. In this case, the Salary column must indicate the amount of wages and other accruals for the time worked this month. Which periods are excluded when calculating average earnings can also be found in the Government Decree.
- If during the billing period the company increased official salaries (tariff rates) for all employees of the company, it is necessary to apply an indexation coefficient. The coefficient is calculated by dividing the new salary (tariff rate) by the old salary (tariff rate). For example, the salary increased from 15,000 to 18,000 rubles, the coefficient will be 18,000/15,000 = 1.2. The coefficient is entered in the months preceding the month of salary increase.
The right to apply the coefficient arises only if salaries and tariff rates have been increased for all employees without exception. If at least one employee has not been promoted, the coefficient cannot be applied. - If the employee worked only in the month of going on vacation, it is necessary to enter the amount of accrued earnings for the days worked in this month in the “Salary” line.
- If the employee did not work a single day before the vacation, to calculate vacation pay, it is necessary to indicate the salary (tariff rate) established for the employee.
Calculation mechanism:
Average earnings for a fully worked period are calculated by dividing the amount of income for the billing period by the number of months in the billing period multiplied by the average monthly number of calendar days (now set to 29.3; before 04/02/2014, the value was 29.4).
- Vacation pay is calculated by multiplying the average daily earnings by the number of vacation days. Please note that calendar days of vacation are counted including weekends (but excluding holidays). To calculate the number of calendar days of vacation, we recommend using.
Article 114 of the Labor Code of the Russian Federation guarantees every employee the right to rest. One of the types of rest is, for the period of which the employee retains his average earnings and his workplace. How to calculate how many days of vacation an employee is entitled to for the period worked, for each month of work - calculation procedure and examples.
How many days of vacation are due for each month worked?
The minimum vacation norm established by law is 28 calendar days. An employee who has worked in the organization for at least 6 months has the opportunity to take annual paid leave; each month worked adds 2.33 days to the vacation period. This figure was announced in an explanatory letter from Rostrud of the Russian Federation dated October 31, 2008. This figure is obtained by dividing the annual duration of basic paid leave by 12 months.
It is important to remember that there are special categories of citizens for whom an increased number of days of rest is provided. These include minors, teachers, and workers from the regions of the Far North. So, for example, each month of “northern vacation” worked adds 4.33 days to the vacation.
To determine how many days of vacation an employee is entitled to while working, you need to calculate his vacation record - that is, the time of work for which vacation is entitled according to the Labor Code of the Russian Federation.
What periods do not need to be taken into account when calculating the number of vacation days
When calculating the number of vacation days, the following are not taken into account:
- Time away from work without good reason(absenteeism).
- The time for which the employee was suspended from work due to his violation of sanitary, hygienic and disciplinary standards, and labor safety regulations. For example, if an employee, through his own fault, did not renew his medical record or did not undergo training giving him the right to access to work with electrical and heating appliances. Exclusion of this period from the calculation of vacation time is possible if the employer has documents proving the employee’s guilt.
- The length of time the employee is on maternity leave. However, here we will make a reservation that in the case when an employee works part-time, having taken parental leave, then the calculation of his leave period is standard. Changing the type of working time does not impose any restrictions on the right to receive leave.
- Vacation periods “at your own expense”, that is, without saving earnings, received in excess of the 14 calendar days per year established by law. This rule also applies to employees who have worked in the organization for less than a year. It is also important to note that if an employee is dismissed, these periods must be included in the vacation period.
How to calculate how many vacation days an employee is entitled to
The calculation of vacation experience is carried out not by calendar, but by working years, the calculation begins with the date of conclusion employment contract and is individual for each employee.
Example 1.
The date of registration of the employment contract with the employee is 01/10/2016. His working year expires on 01/09/2017. Let's calculate the number of vacation days as of 09/01/2016. The time worked is 7 months and 21 days. If the calculation is carried out at the time of dismissal, then 21 days are taken as a full month, that is, the employee has worked a full 8 months.
The calculation of the number of vacation days earned will look like this: 2.33 x8 = 18.64 days.
In the case of such a calculation when dismissing an employee, the employer will be responsible for rounding the number of months to 8 in accordance with the “Rules on regular and additional vacations.” In a situation where termination of the employment contract is not planned, rounding will entail the provision of leave in advance.
Example 2.
start date labor relations 05/20/2016. Let's determine the number of vacation days as of December 1, 2017. During this period, the employee was twice granted leave for 14 calendar days. First vacation year employee completed on 05/19/2017. As of the given date, the employee’s vacation period was 42 days. However, during 2017, the employee was on leave without pay for 30 calendar days. 16 days must be excluded from the billing period. This reduces the number of working months to 17, and the insurance period to 40 days. Taking into account the 28 days of vacation already granted, we get 12.6, i.e. the number of days of main vacation as of December 1, 2017.
What to do if vacation is provided in advance
Article 122 of the Labor Code of the Russian Federation defines the categories of workers to whom leave is granted, even if the required leave period has not yet been completed. This right is granted to minors, adoptive parents whose child is not older than 3 months, and women before their maternity leave. The employer's approval is not required.
In other cases, by providing leave for periods not yet worked, the organization bears financial risks. It is possible to recover the amount of vacation pay paid in advance if an employee resigns only at the rate of no more than 20% of the amount of wages upon calculation. The remaining amount of vacation pay can be returned only with the consent of the employee.
If the employment contract is terminated, the vacation period is calculated until the date of dismissal.
When providing vacations to employees, many employers make a dangerous mistake. In cases where this is necessary before the end of the first 6 months of work, they agree on a 7-day vacation, violating the law. If an employee agrees to divide annual paid leave into several parts, the first should not last less than 14 days.
How to correctly calculate the number of vacation days that an employee has not yet used? In this article we will look at the general procedure for determining non-vacation days, and also look at some special cases using examples.
The need to calculate unused days of paid vacation may arise, for example, when calculating compensation upon dismissal, when replacing unused additional vacation days with monetary compensation based on the employee. In addition, the employee himself may be interested in knowing how long he can count on vacation.
The procedure for determining the number of days of unused vacation is as follows:
- The employee's vacation period is determined - that is, the period worked by the employee for a given employer and giving him the right to basic annual leave.
- The number of days of basic leave already used by the employee is counted.
- The number of days of unused primary leave is determined.
First you need to decide what vacation experience is and how it is calculated.
How to calculate vacation time?
Vacation experience is work experience that gives the right to annual paid leave.
The periods of work included in the vacation period are determined by Article 121 of the Labor Code of the Russian Federation.
According to this article labor code, the following periods are included in the vacation period:
- The actual time worked by the employee;
- The time when the employee did not work, but his place of work was retained;
- Forced absenteeism is not the fault of the employee;
- Suspension of an employee from work due to failure to undergo a mandatory medical examination;
- Leave without pay within 14 calendar days;
- Maternity leave.
The following periods are not included in the vacation period:
- Absenteeism and absence from work without a valid reason;
- Leave without pay for more than 14 calendar days;
- Holiday to care for the child.
How is the length of service that gives you the right to leave considered?
It is calculated starting from the first working day on this enterprise. Counts general period from the first working day to the present moment. From the obtained value, periods are subtracted that are not included in the vacation period, according to the Labor Code of the Russian Federation. The final result is expressed in complete months. A month in which less than 15 days are worked is not taken into account; a month in which 15 or more days are worked is considered fully worked and is taken equal to one.
Example:
The employee worked for 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 period.
From 04/13/2011 to 04/12/2014 a full three years were worked, that’s 36 full months.
From 04/13/2014 to 10/08/2014, 5 full months and 26 days were worked.
That is, the total period of work at the enterprise is 41 months 26 days.
From this period we subtract the excluded period - 6 days of vacation without pay.
We get a vacation period of 41 months 20 days, rounded up to full months, we get 42 months.
Thus, the employee’s length of service, which gives him the right to basic paid leave, is 42 months.
How to calculate the number of days of unused vacation?
Knowing the employee’s vacation record and the duration of the annual basic leave granted to this employee, it is possible to calculate how many days of vacation he is entitled to for his entire vacation record.
The Labor Code of the Russian Federation establishes the minimum duration of basic paid leave at 28 calendar days, but this period may be increased for some categories of employees. We talked about this in. In addition, the employee may be entitled, in addition to the basic paid leave, to additional paid leave, which we talked about.
To do this, the total duration of the employee’s annual paid leave 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 annual paid leave in the amount of 28 calendar days. His vacation period is 42 full months. How many calendar days of vacation is he entitled to for the specified period?
Days = 28/12 months. * 42 months = 98 cal days.
Next, the days already used by the employee are subtracted from the total number of calendar days of vacation allotted for the entire period worked. The resulting value will be the number of vacation days that the employee has left to take off.
An example of calculating unused vacation days:
Smirnova A.A. works since 05/10/2009. From 03/01/11 to 09/30/12 she was on maternity leave 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 per year. As of October 18, 2014, she quits her job, and therefore she needs to pay compensation for unused vacation days. Let's calculate the number of days of unused vacation.
- We calculate the vacation period:
We count the length of service from 05/10/2009 to 10/07/2014 – 65 months 9 days.
Days spent on parental leave must be subtracted, that is, we exclude the period from 03/01/11 to 09/30/12 - 18 full months.
Vacation period = 47 months 9 days. We discard 9 days.
Total length of service giving the right to leave = 47 months.
- We calculate the total number of days of allotted vacation = 28 / 12 months. * 47 months = 109.67 days.
- We count the number of days of unused vacation = 109.67 – 70 = 39.67 cal days.
It is for these days that you need to pay.
Is it legal to refuse to provide an employee with leave followed by dismissal?
From the article you will learn:
The rules for calculating compensation for leave upon dismissal should be well known by the employer and employee in order to prevent violation of their rights and interests.
When to calculate the number of vacation days upon dismissal
When an employee leaves the organization, he has the right, in agreement with the employer, to go on vacation before the day of dismissal (take out a vacation with subsequent dismissal). Or receive monetary compensation for all unused vacations. In the first case, he must write . In this case, the last day of work will be considered the last day of vacation. The employer must calculate how many vacation days the employee is entitled to take before dismissal.
Please pay attention! Introduce vacation followed by dismissal – this is a right, not an obligation of the employer. Therefore, the organization may refuse to provide such leave to an employee.
If there is no application for leave from the employee, then dismissal happens as usual. Along with the payment of wages and other amounts due, the employer makes compensation for unused vacation days (Article 127 of the Labor Code of the Russian Federation). The employer is obliged to calculate the number of days “not taken off” by the employee and his average salary , based on the calculation, pay compensation.
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At the same time, if the employee has already taken his vacation “in advance,” overpaid vacation pay must be withheld from his wages , which he will receive upon final payment on the day of dismissal. We remind you that upon liquidation of an enterprise, such payments are not subject to withholding in accordance with Part 2 of Art. 137 Labor Code of the Russian Federation.
There is no need to calculate the number of vacation days if a contract with an employee is terminated civil law character or the employee worked at the enterprise for less than half a month. Compensation for unused vacation in these cases is not paid.
When is vacation compensation paid?
The due amount must be paid to the employee on the day layoffs. If the payment is made in cash, and the employee was absent that day, then payment is made within 1 day after the dismissed employee submits a request for payment (Article 140 of the Labor Code of the Russian Federation).
It is important to note that the grounds for dismissal do not affect the employer’s obligation to pay monetary compensation for unused vacation days .
Upon dismissal, a calculation note is drawn up in form T-61, in which unused vacation days and the amount of monetary compensation are calculated.
Sample of filling out a calculation note when paying an employee :
If the employee's experience is less than a year
If the employee’s length of service in the company is less than 11 months, the number of vacation days that are subject to compensation upon dismissal is calculated in proportion to the months worked.
When calculating each month, more than half of the month worked is considered full.
The number of vacation days due upon the dismissal of such an employee is calculated on a general basis, that is, depending on the vacation period.