Vacation period. Vacation pay calculation

Calculation of vacation days in 2019 - an example and a general algorithm for how vacations are calculated can be found in our article. And of course, find out if something has changed in this calculation since 2019.

How vacation time is calculated: basic rules

  • when sending an employee on vacation and issuing vacation pay;
  • payment of compensation for unused vacation with or without dismissal.

In both cases, the calculation of calendar days of vacation occurs according to general scheme. It is based on the basic holiday rule, which is contained in Art. 115 of the Labor Code of the Russian Federation: for each year of work, an employee is entitled to at least 28 calendar days of basic paid leave. As a rule, just such a period of time is provided for rest for employees of most companies.

Study the nuances of granting additional holidays using the materials of our website:

  • "Additional leave for irregular working hours" ;
  • “The Supreme Court clarified how to calculate the duration of additional holidays” .

Thus, the first thing to do before calculating the calendar days for calculating vacation is to determine the length of service of the employee in the organization.

IMPORTANT! AT general case a person can take a vacation for the first year of work in a new place after working for six months. But by agreement with the employer, you can leave to rest earlier. Rest for subsequent years is provided at any time according to the order of holidays established by the employer.

After the length of service has been calculated, it is necessary to determine how many days the employee is entitled to count on the vacation calendar. You need to proceed from the following: with a generally accepted 28-day vacation, provided in calendar days, for each month worked, an employee is entitled to 2.33 vacation days (28 days / 12 months).

Calculating vacation time

We start counting the length of service from the date the vacationer is hired. In other words, the calculation is carried out not according to calendar, but according to the so-called working years.

Example 1

For an employee who was employed on 04/11/2017, the first working year will be from 04/11/2017 to 04/10/2018, the second - from 04/11/2018 to 04/10/2019, etc.

When calculating vacation days for the worked period of an employee, we take into account the time when he:

  • directly worked;
  • actually did not work, but the position was retained for him;
  • was on vacation at his own expense (but not more than 14 calendar days per year);
  • was forced to skip work due to illegal dismissal or suspension;
  • was suspended for failing a mandatory medical examination through no fault of his own.

The answer to the question of whether vacation days are excluded from the calculation of vacation pay is partly positive. So, we exclude from experience:

  • vacation periods without pay over 14 days;
  • "children's" holidays;
  • absence from work without good reason.

How to correctly calculate the vacation period if a holiday falls on it

In Art. 120 of the Labor Code of the Russian Federation, a rule is fixed, according to which non-working holidays falling on vacation are not included in the vacation itself. In practice, there are 2 options for calculating vacation days:

  1. The vacation period is indicated by its start date and the number of calendar days. In this case, the employee leaves the vacation 1 day later.

Example 2

The leave was granted to the employee from 03/04/2019 for 14 calendar days. March 8 is a holiday, so he should start working not on March 18, 2019, but on March 19, 2019.

  1. The vacation period is indicated by its start and end dates. In this case, the used days of rest are the days of the corresponding time interval minus holidays.

Example 3

The leave was granted to the employee from 03/01/2019 to 03/14/2019. There are 14 days according to the calendar. But due to the fact that the March 8 holiday falls on this period, the vacation is considered to be used in the amount of 13 days.

When calculating for a vacation in an incomplete month, one should also take into account the calendar days that fall on the worked period, and not just working (actually worked). Yes, and holidays, as well as days off that do not fall under the periods listed in paragraph 5 of the Regulation approved by government decree No. 922 of December 24, 2007, must be included in the calculation of vacation days as those that fall under the worked period .

Find out how to extend vacation for sick leave during vacation.

How to calculate vacation days in 2019 (example)

Let's give an example of calculating the days of the billing period for vacation in 2019, taking into account the above subtleties and nuances.

Let's say an employee got a job in a company on 06/17/2016.

During his tenure, he:

  • was ill from 12/04/2016 to 12/12/2016 and from 02/12/2017 to 02/19/2017;
  • took a vacation at his own expense from 04/07/2017 to 04/13/2017 and from 08/24/2017 to 09/13/2017;
  • was on paid leave from 06/02/2017 to 06/22/2017, from 03/30/2018 to 04/19/2018, from 08/29/2018 to 09/11/2018.

From 01/15/2019, he decided to quit, having previously taken all the days that he did not use during his work.

see also “How to arrange a vacation with subsequent dismissal?” .

Let's see how many days of paid rest he has the right to count on if the company has adopted a standard vacation of 28 days.

Step 1. Determine the experience.

The total work experience from 06/17/2016 to 01/15/2019 will be 2 years 6 months and 29 days.

We do not touch periods of illness and vacation. They are taken into account in the length of service that gives the right to leave, as non-working periods in which the employee's place of work is retained.

Vacation at your own expense can be included in the length of service within 14 calendar days per working year. We have 2 such periods:

  • for the working year from 06/17/2016 to 06/16/2017 - 7 days (from 04/07/2017 to 04/13/2017);
  • for the working year from 06/17/2017 to 06/16/2018 - 21 days (from 08/24/2017 to 09/13/2017).

The second period does not fit into the 14-day limit, which means that 7 days of excess from the length of service will have to be excluded.

Thus, the vacation period is 2 years 6 months and 22 days. We round up to full months, discarding 7 days, and get 2 years and 7 months.

Step 2. We subtract the number of vacation days that the employee is entitled to for the specified period.

This is 56 days for 2 full years and another 17 days for an incomplete year of work (28 days / 12 months × 7 months \u003d 16.33 days. Rounding was done according to the rules adopted by the organization (in accordance with the recommendations set out in the letter of the Ministry of Health and Social Development of the Russian Federation dated 07.12 .2005 No. 4334-17) in favor of the employee Total 73 days.

Step 3. Determine the number of unused vacation days.

During the work period, the employee took vacation three times:

  • From 06/02/2017 to 06/22/2017. This period fell on a non-working holiday on June 12, so not 21, but 20 days of rest were used.
  • From 03/30/2018 to 04/19/2018. There were no holidays here, and the vacation was 21 days.
  • From 08/29/2018 to 09/11/2018. There were no holidays here either, and the vacation was 14 days.

Total unused leaves 18 days (73 - 20 - 21 - 14). Their employee can take time off immediately before dismissal - from 12/21/2018 to 01/15/2019 (taking into account New Year holidays). So, the calculation of vacation in 2019 is an example with detailed description, produced.

Results

According to Russian law, any employed person has the full right to a regular paid vacation lasting at least 28 days annually.

In addition, counting difficulties may arise for employees who often take time off or are on parental leave.

In accordance with the Labor Code of the Russian Federation, every working person has the right to rest from work. The duration of the vacation of any citizen should not be less than 28 days.

In addition, Chapter XIX of the labor legislation provides for cases that allow the employer to accrue additional days for rest for periods:

  • sessions;
  • business trips;
  • temporary disability.

The management of the company has the right to provide its employees with leave in excess of the standard, if its long absence from the workplace does not entail disruptions in the production process.

For the implementation of such an event, the provisions on the increased amount of rest should be specified in the internal regulations of the company, available for review to all the working staff.

Who gets extra vacation days?

According to Russian legislation, certain categories of workers can expect to receive several additional days of rest.

These citizens include:

  • staff with frequent overtime;
  • workers whose work process endangers their health.

In addition, legislative acts contain a list of specialties whose representatives are guaranteed to receive additional rest.

Including are:

  • astronauts;
  • miners;
  • athletes;
  • health workers;
  • judges;
  • customs personnel;
  • mining workers;
  • citizens working in the Far North and nearby areas.

The duration of rest for these professions can be calculated only after studying the documents governing their work activities.

Citizens performing overtime, heavy or hazardous work can count on three additional days to the main vacation.

Increased leave is also provided for teachers. When calculating the duration of paid leave, the sum of work hours and the length of service of each teacher in this area are taken into account.

The minimum duration of the annual rest of primary school teachers is 42 days. For other teachers, the paid rest period can be extended up to 56 days.

How long do you need to work to be able to go on vacation?

After a year worked at one place of work, each person has the right to compensated rest, which cannot be less than four full weeks.

But the Labor Code of the Russian Federation states that an employee is entitled to a well-deserved vacation after a full eleven months of work.

By personal agreement with the management, you can take a vacation after 6 months of work.

But you need to understand that in this case the amount of vacation pay will be significantly lower.

The employer cannot refuse to grant early leave to employees who have not reached the age of majority, and women who are about to go on maternity leave, even if they have been employees of the company for less than six months.

What is a billing period?

Calculations should be carried out from the moment an employment contract is concluded with an employee, and not from January 1.

The billing period must include all the time worked during the working year, even if the staff wishes to divide their vacation into several parts.

For example, an employee began working in a particular company in May 2015.

He decided to choose June 2016 as the month of the first two-week break, and preferred to postpone the remaining 14 days to December 2016.

In this case, the time period from May 2015 to April 2016 will be used for the calculation, since this time is the first working year this employee. From May 1, 2016, all calculations must be carried out again. In this example, the employee can use the accumulated vacation days for last year and an additional few days for the completed May.

To calculate the number of required days of vacation for each working month, it is necessary to mathematically divide the required days of rest by 12. In the case of the minimum allowable number of vacation days, this figure will be 2.3333 days per month.

How to calculate the number of vacation days?

The duration of the break in work provided at each enterprise is calculated individually, however, according to the law, no annual leave can be less than 28 days.

For a correct calculation of the exact number of days allotted for rest from the labor process, it is necessary to establish the absence or presence of reasons for changing the duration of the vacation of a particular employee.

In the billing period, the time fully worked by the employee is taken into account.

The following factors may affect the duration of rest and the amount of vacation pay:

  • more than 14 days off at the expense of the employee per year;
  • Holiday to care for the child;
  • temporary disability;
  • absenteeism.

In a situation where an employee has not exercised the right to a paid break from work for several years, then he is legally entitled to a longer vacation.

If the worker has not been on vacation for more than 24 months, then the employer may be held liable, because this situation is considered a serious violation of the rights of workers.

For a correct calculation of the duration of paid rest for a person who missed work due to illness or going to a session, it is extremely important to correctly draw up a calculation period.

For example, a citizen was hired on March 21, 2015, and he chose November 30, 2016 as the first day of vacation.

However, from April 2 to April 12, 2016, the employee was absent from his own workplace due to temporary disability due to illness.

Suppose that the maximum duration of rest for employees of this enterprise can reach 32 days.

In this case, it turns out that in the case from March 21, 2015 to March 20, 2016, the first year was worked out, and another eight months and ten days passed from March 21, 2016 to November 30, 2016.

In order to calculate the entire period of the break he deserved in labor activity you will need to mathematically divide the total number of days of vacation (in this case 32) by 12 (the number of months in a year) and multiply the resulting figure by the total amount of working months (in this example 20). In this case, we get 52.33 days. After that, you need to round this value up to the full 53 days - that is how many days the employee from the above example is supposed to.

In this example, it is necessary to take into account the period actually worked and the time during which the staff was on sick leave.

How to calculate the number of vacation days upon dismissal?

The principle of calculating compensation for accumulated leave upon dismissal was introduced in 1930 by Decree No. 169 of the USSR NKT.

This document states that the amount of accumulated vacation pay is equal to the number of full months that the employee has worked after the last vacation period, multiplied by the total number of full days of rest guaranteed to employed citizens, and divided by the total number of months in a year.

At the same time, the formula proposed by RosTrud is applied, according to which a single worked month guarantees the worker a certain amount of vacation pay. But experts make claims to this formula because of the inaccuracy of the calculation, since dividing 28 by 12 will result in a periodic value of 2.333333.

Instruction

First, it should be said that the annual paid can be divided into parts, while one of them should not be less than 14 days. Also when calculating holidays, non-working days should be excluded from it. They are not subject to payment.

The first thing you need to do is determine the period for which. The “starting point” is the first working day after employment, and if before that you have already used the prescribed vacation, then the first working day after the rest.

Sum up all the days you were. Add the days of forced absence, weekends and holidays, as well as the time when you were absent from the workplace for a good reason for less than 14 days.

According to Labor, with the duration of the annual holidays 28 calendar days for each working month, an employee is entitled to 2.33 days of rest. This figure is obtained as follows: 28 days / 12 months = 2.33 days

So that the number of days required holidays multiply 2.33 by the number of months worked in the period. And if the month is not fully worked out? In this case, you must round the number, that is, if you worked 15 or more days in a month, then include it in seniority, and vice versa.

For example, an employee worked for the company for six months, while he was absent from the workplace for 10 days for a good reason. The leave that is due to him for the year is 28 calendar days. Thus, the prescribed rest will look like this: 6 months * 2.33 days = 13.98. According to Rostrud, the resulting number can only be rounded up. Employee duration 14 days.

Useful advice

Remember that the calculation of the vacation must be made no later than three days before it starts.

Sources:

  • how to calculate work period

Every working person has the right to annual paid leave. This leave consists of 28 calendar days, but can be increased in case of work in places of the Far North or areas equivalent to it. Also, if you work with harmful conditions, the employer is obliged to increase the vacation in accordance with the Labor Code of the Russian Federation. Leave is calculated in calendar days, holidays recognized by law are not included in the leave.

Instruction

note

Holiday pay is calculated before the start of the holiday and is paid no later than 3 days before the start.

Useful advice

In almost every organization, the accounting department, in agreement with the head, draws up a vacation schedule, so you should take care of the time of receiving it in advance. Before leaving, you need to write an application for its provision.

Sources:

  • How to count vacation? How to correctly calculate the period of labor

Vacation is a long-awaited time, but not everyone and not always knows how these long-awaited days calculated and provided. Detailed calculation rules are spelled out in the Labor Code, however, like any normative act, The Code is difficult to understand, so we will explain the main provisions regarding the calculation of holidays.

Instruction

The right of every employee to an annual paid salary is enshrined in the Labor Code of the Russian Federation (Article 114). It should be noted that days are not calculated, but provided, in accordance with the legislative norms developed for each type of activity. Already with a six-month work experience, I will days ku can be granted leave (Article 122 of the Labor Code of the Russian Federation, part 2), lasting 28 calendar days (according to Article 115 of the Labor Code of the Russian Federation), minus holidays days cov.

However, in some cases, it is possible to provide a minimum length of service before working out, at the discretion of the company's management, by mutual agreement of the parties. Special categories are also highlighted, at the request of which the organization provides vacation pay days in advance (minors, veterans, Chernobyl survivors, wives (husbands) of military personnel, women before maternity leave, etc.).

For certain categories of citizens, the legislation provides for extended basic leave, for example: for (31 k.d.), for employees educational institutions(from 42 to 56 k.d.), for healthcare workers (36 working days), for the disabled, state and municipal employees (at least 30 k.d.), for scientific staff days kov (36-48 w.d.), etc.

For special categories days kov provides for additional leave along with the main annual one (Article 116 of the Labor Code of the Russian Federation), in this case, vacation pay days are summarized (part 2 of article 120 of the Labor Code of the Russian Federation).
The legislation also provides for the possibility of dividing the main annual holidays on (Article 125 of the Labor Code of the Russian Federation), by agreement of the parties, while one of them must be at least 14 calendar days. In agreement with management, the remaining days erase days may, at its discretion, it is also possible to overspending the allocated vacation days, by subtracting their number from the next annual holidays.

Vacation, according to the current legislation, is considered strictly calendar days. However, calculate how many workers falls on him and, therefore, when it is necessary to resume his duties, in some cases it will not be superfluous.

You will need

  • - calendar;
  • - alignment on weekends and holidays not the current year.

Instruction

The standard situation is when an employee takes 14 days (he has the right to take all 28, but in practice this option is more common: twice a year for half), and they do not fall on state ones.
Fourteen days is two weeks, the standard one includes five workers days and two days off.
Thus, during the rest there will be a total of 10 workers days.

There may be situations when a day shift falls on the week falling. For example, the state one fell on Tuesday or Thursday, and the state decided to give citizens a rest on Monday or Friday, and compensate for this by working out on the coming Saturday.
If the employee manages just at this time, he will receive the full right not to appear for 11 days.

Finally, it may come for the holidays. They are considered non-working days, but are not included. Indeed, in this case the number workers days will remain unchanged: 10 for two weeks, plus or minus one or two, taking into account possible transfers. But here the actual length of time during which the employee receives the legal right not to appear at work can significantly increase.

When the dismissal or suspension from work takes place at the initiative of the employer and is recognized by the relevant authorities as illegal, the dismissed or suspended employee is paid a forced absenteeism, based on the average earnings for the 12 months that were before the dismissal or suspension. Calculation of average earnings is carried out taking into account the coefficient of salary increase at the enterprise. In some cases, the employer is forced to pay the amount of moral damage to the dismissed employee, if this fact has an evidentiary basis.

Instruction

To calculate the payment of the forced absenteeism and you should add up all the earned amounts for which insurance premiums were accrued for the 12 months preceding the forced absenteeism y and divide by the number of working days in the billing year, based on the six-day . The result obtained is multiplied by all the working days of the forced absenteeism a, add the amount of the district coefficient and subtract 13% of income tax.

If during the period of forced absenteeism and if tariff rates or salaries were increased, then the actual salary that was obtained after the increase must be divided by the salary that was before the increase. The resulting figure will be the coefficient by which payments for the period of forced absenteeism but needs to be increased. To do this, the average daily rate, the calculation of which is indicated above, must be multiplied by the average number of days in a month, by 29.4. The amount of payment for one working month of forced absenteeism a. Multiply this figure by the increase factor and by the number of months during which the forced absenteeism with a higher salary.

Or the calculated amount of the coefficient should be divided by 29.4, multiplied by the average daily rate and multiplied by the number of days of forced absenteeism and when the salary at the enterprise was increased. Other days absenteeism but in the manner indicated above. The results obtained are added up. This figure is multiplied by the district coefficient and income tax is deducted from everything.

Related videos

The order of granting holidays in the organization in accordance with Art. 123 of the Labor Code of the Russian Federation is established by a special schedule according to strictly unified form. Such a schedule is always drawn up as a local normative act. It is obligatory for execution by both parties - both the employer and his subordinates.

Instruction

Are you an employer and do not know how to standardize the procedure for granting holidays and determine their periods for your employees? First, make a clause on the mandatory use of scheduled leave in the internal labor regulations and fix this provision in employment contracts. Secondly, having drawn up a schedule, notify the start time of the vacation of each employee against signature. When drawing up a vacation schedule, take into account the peculiarities of the classification of vacations according to the Labor Code.

There are the following types of holidays:
- annual paid (basic and additional);
- leave without pay;
- study holidays;
- maternity leave;
- parental leave;
- holidays for employees who have adopted children.

When drawing up a vacation schedule, keep in mind that certain categories of employees have different vacation durations:
- employees under 18 years of age have 31 calendar days of vacation;
- for seasonal workers - 2 days for each month of work;
- for disabled workers (of any group) - at least 30 calendar days;
- vacation - 42-56 calendar days;
- for workers involved in work with chemical weapons - 49 and 56 calendar days;
- for workers of professional emergency rescue services and formations - 30-40 days.

Analyzing the composition of employees in your organization, determine the categories of those persons who are entitled to leave.
It:
- all employees (including those working part-time: article 287 of the Labor Code of the Russian Federation);
- seasonal workers (Article 295 of the Labor Code of the Russian Federation);
- persons working under fixed-term employment contracts for up to 2 months (Article 291 of the Labor Code of the Russian Federation);
- homeworkers (Article 310 of the Labor Code of the Russian Federation).

Vacation can be granted after 6 months of work without a break. A probationary period is included in this semester.
By agreement between the employer and the employee, leave can be granted even before the expiration of 6 months (Article 122 of the Labor Code of the Russian Federation).

Legal leave (28 working calendar days) includes non-working days. The exception is non-working holidays.

note

If the employee does not want to lose a few days off included in the period of 28 calendar days, he can divide it into two parts. But at the same time, the part must include at least 14 calendar days.

Useful advice

The vacation schedule is approved taking into account the opinion of the trade union body, if there is one in the organization two weeks before the calendar year.

at public collection points. Confirming document of delivery is a certificate, which is transferred to the personnel department.

It is important to remember that if blood donation falls on a weekend or holiday, then the donor is entitled to two days off: one for the fact of blood donation, the second for the implementation of this procedure in the donor's personal time.


These days the employee has the right to combine with annual leave and they must be paid on average.


Considering that blood or its components can be donated no more than once a month, during the year the donor may be entitled to 24 additional days of vacation.

Go to special working conditions

Under current law, employees who work irregular hours receive an additional three days of paid leave. Unfortunately, this is the only mechanism for encouraging such employees, so managers often willingly agree to irregular working conditions, while specialists, on the contrary, insist on ordinary labor relations.

Weekends not included

The current legislation allows you to take a vacation not completely, but partially during the year. This feature allows you to write three vacation applications at once, each of which is designed for five weekdays. In this case, you can extend the rest period for those weekends that will be in the intervals of the indicated weeks.


Not all employers perceive this option of extending the leave loyally, and in vain, because the employee has every right to do so.

By agreement with the employer

The employer can independently provide the opportunity for additional paid leave to employees, as a reward for conscientious work and long-term work.


The difficulty lies only in the fact that rare managers use this opportunity. Provisions on the provision of additional paid leave are fixed in collective agreements, internal regulations, etc.


It would not be superfluous to note that the Labor Code has a clear definition of the groups of persons who are entitled to additional paid leave. So, in order to get the opportunity to rest for 16 more days, it is necessary to find a job in the regions of the Far North and equivalent areas. The same provision applies to shift workers. Also, additional days of rest are provided for specialists involved in hazardous industries. The list of industries is clearly defined by decrees of the Government of the Russian Federation.

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Absenteeism is one of the grounds for the dismissal of an employee “under the article”. The Labor Code clearly defines what absenteeism is. However, what if the employee was absent from work for exactly 4 hours, or if the absence also includes lunch time?

Given that the law clearly states that absenteeism must last more than 4 hours, the absence of an employee for exactly four hours (or less) is not absenteeism. That is, if the employee is not at work from 2 pm to 6 pm, dismissal for absenteeism will be wrong.

In the event that lunch is included at 4 hours of work time, it is impossible to dismiss for absenteeism, because lunch time is not included in working hours and is paid, and according to the law, absenteeism is the absence of an employee during the working day or shift (clause "a "clause 6, part 1, article 81 of the Labor Code of the Russian Federation). Therefore, when calculating the time of absenteeism, lunch is deducted. For example, an employee was absent for 4 hours 10 minutes, but during his absence there was 1 hour of lunch, therefore he was absent only 3 hours 10 minutes during working hours, and this is not absenteeism.

If the employee was absent for more than 4 hours of working time, but part of the time falls before lunch, and part after, dismissal for absenteeism is quite acceptable, because absenteeism is not interrupted by a lunch break. That is, the time the employee is absent before and after lunch must be added up, and if, as a result of addition, it turns out more than 4 hours, the employee can be fired for absenteeism.

However, if the length of the working day is not clearly established for the employee, then, in principle, he cannot take absenteeism, because it has not been established in what period he should be at work.

The employer can rightly regard the absence of an employee from continuing education courses as absenteeism, because the period of such training is related to working time, as it is included in the length of service and is paid by the employer.

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When determining vacation experience, it is important to know which periods are included in the calculation and which are not. The included periods include (Article 121 of the Labor Code of the Russian Federation):

  • actual work time;
  • the time when the employee did not actually work, but the place/position was retained for him (for example, these are annual paid holidays, days off, non-working holidays, periods of illness, maternity leave, etc.);
  • vacation at one's own expense, the duration of which does not exceed 14 calendar days during the working year;
  • the period of suspension from work of an employee who, through no fault of his own, did not undergo a mandatory medical examination;
  • time of forced absenteeism in case of illegal dismissal or removal from work and subsequent reinstatement at the previous job.

Periods not included in the vacation period

Vacation experience is not included (Article 121 of the Labor Code of the Russian Federation):

  • parental leave until the child reaches 3 years of age;
  • vacation at own expense, exceeding 14 calendar days;
  • the time the employee is absent from work without good reason.

The days excluded from the vacation period shift the end of the employee's working year (Letter of the Ministry of Labor of Russia dated 10/18/2016 N 14-2/B-1045). For example, an employee was hired on 04/11/2018. From 09/05/2018 to 09/23/2018, he took unpaid leave. If this leave of the employee were 14 calendar days or less, then the working year would end on 04/10/2019. And since the vacation lasted 19 calendar days, the end of the working year will shift by 5 days (19 days - 14 days), respectively, for vacation purposes, the employee's work year will end on 04/15/2019.

Holidays for part-time work

If the employee works part-time, then this fact does not affect the calculation of the vacation period (Article 93 of the Labor Code of the Russian Federation). That is, the length of service for such workers is calculated in the same way as for full-time workers.

Part time leave

The right to leave for the first year of work arises for the employee after 6 months of continuous work with a particular employer (Article 122 of the Labor Code of the Russian Federation). And in agreement with the employer, leave can be granted even before the expiration of these 6 months. The number of vacation days for a part-time work year is calculated as follows:

Months worked are considered the same as the working year, from the date of employment. For example, if an employee was hired on 04/10/2019, then his first working month will end on 05/09/2019. Months not fully worked are accounted for as follows:

  • a month is counted as fully worked if the employee has worked half a month or more;
  • a month is not taken into account in the calculation if the employee has worked less than half a month.

Vacation pay calculation

It is not enough to determine how many days of vacation an employee has earned; one must also calculate vacation pay. Ours will help you with this.

If your employee quits without taking a vacation, then you must pay this employee compensation for unused vacation (Article 127 of the Labor Code of the Russian Federation). You can calculate its amount using our.

The general formula for calculating employee vacations seems not so complicated. However, it should be borne in mind that there are many cases in which it is necessary to adjust the scheme.

How is vacation granted and when?

In accordance with Labor Code RF, paid leave to an employee must be provided annually. This implies not a calendar, but a working year, that is, the calculation is carried out not from January 1, but from the day the actual start of work (recruitment).

During the first year of employment, an employee is entitled to paid leave after at least 6 months of service. With the mutual consent of the employee and the employer, leave may well be granted to him earlier. At the same time, if an employee leaves before the end of the first half of the year, the employer will have to provide him with monetary compensation for all unused vacation days.

There are also a number of cases in which the employer is required to provide leave with pay at the request of the employee, even if the period of work was less than six months - for example, if a woman wants to take leave before (or immediately after) maternity leave; if the husband of a woman on maternity leave asks for a vacation; if the employee is a minor and so on.

Starting from the second year of the employee's stay at his place, labor leave is provided in accordance with the vacation schedule adopted at the given enterprise. At the same time, leave may be granted even before the entitlement to it, but not earlier than the corresponding working year begins.

One of the important legal questions: what? Who and how will respond in case of problems?

The travel agency gives you the opportunity to spend your vacation anywhere in the world. We have instructions for opening it.

Settlement period for vacation

The billing period for vacation is understood as 12 previous calendar months. At the same time, the billing period does not include the time when the employee was on unpaid leave, on a business trip, on sick leave, on maternity leave, did not work due to the fault of the employer, or for any other reasons provided for by Russian law.

A separate case is employees with whom an employment contract is concluded for a period of less than two months (for example, for seasonal work). In this case, leave is granted at the rate of two working days for one month of work.

Average earnings for vacation calculation

When calculating the average earnings for vacation, the formula is applied N=P/(12*29.4). At the same time, N is the average earnings, P is the salary accrued for the billing period, 12 is the number of months, and 29.4 is the average monthly number of calendar days.

Calculations become somewhat more complicated if the period has not been fully worked out. The employee could be on sick leave, on time off, etc. for some time.

Then the formula will look like this: N \u003d P / (Z * 29.4 + F), while N is the average earnings, P is the salary accrued for the billing period, 29.4 is the average monthly number of calendar days, Z is the number of fully worked employees calendar months, F is the number of calendar days in partial months.

The formula for calculating vacation, how vacation pay is paid

The basis for calculating vacation pay for each individual employee is his average daily earnings.

To calculate it, divide the total amount earned by the employee during the year by 12. Divide the resulting number by 29.4.

Please note: only payments stipulated in employment contract. That is, all kinds of one-time bonuses, financial assistance, etc. excluded from the calculations.

The formula for calculating vacation pay in this situation will look like this: N / 29.4xP, where N is the average monthly earnings, and P is the number of calendar days of vacation.

Vacation for part-timers

In accordance with the Labor Code of the Russian Federation, both external and internal part-time workers are also entitled to paid annual leave of at least 28 calendar days.

Leave for a part-time worker is legally granted at the same time as leave at his main workplace. Accordingly, if this is an internal part-time job, then the reporting period for his main position and part-time position coincide. At the same time, at the main job of the part-time job, leave is set in accordance with the vacation schedule, and at the additional job - at the same time. At the same time, it should be borne in mind that if 6 months have not yet been worked out at a part-time job, the employer is obliged to provide leave in advance.

Calculation of vacation compensation upon dismissal, calculation of vacation with subsequent dismissal

Holiday entitlement subsequent dismissal do not have those employees who are dismissed by the employer due to violations of labor discipline, etc. If the employee is dismissed not “under the article”, but under own will or by agreement of the parties, the employer may provide him with such rest, although he is not obliged to do so. At the same time, the vacation period is provided for the entire current year (and not only for those months that were actually worked out in it). But payments are calculated based on actual hours worked.

If the employer does not have the ability or desire to provide the employee with leave before dismissal, he simply pays him compensation for unused vacation days.

Compensation is calculated according to the formula S: 29.4) / 12 * K, where S is the amount of the employee's income for the last calendar year, and K is the number of vacation days (usually 28 days).

For example, suppose that an employee of the company "Rainbow" Viktor Labazov worked for a full 11 months and was about to quit. During this time, he earned 300,000 rubles at Raduga. According to the formula we get: (300000:29.4)/12*28=23809. That is, when leaving, Labazov should receive 23,809 rubles in compensation for unused vacation days.

And now let's imagine that employee Romashkin worked only 6 months and 10 days, while earning 200,000 rubles. Then the calculation formula changes slightly and will look like this: S: 29.4) / 12 * K, while S is the amount of Romashkin's income for the last calendar year, and K is the number of vacation days. It, in turn, is determined by the formula K = 2.33 * N, and N is the number of months fully worked by the employee.

In our example (200000:29.4)/12*14=7924. That is, Romashkin should receive compensation for unused vacation in the amount of 7924 rubles upon dismissal.

Calculation options in different cases

The simplest case is when the billing period has been fully worked out by the employee. For example, suppose Vasily Semochkin, an employee of Solar, is going on vacation for 28 days. During the previous year he received a salary of 30,000 rubles. In this case, we substitute the numbers into the formula: 30,000 / 29.4 x 28 \u003d 28,571.43 (this is the amount of vacation pay that Semochkin will receive).

Calculations are more difficult if the period is not fully worked out. Suppose that an employee of the Romashka company Vasilkov, who receives a monthly salary of 20,000 rubles, is going on a paid vacation for 14 days. At the same time, Vasilkov was on sick leave for 14 days during the billing period, and his salary this month amounted to 10,000, and his allowance was 4,715 rubles.

In this case, you should multiply the size of his salary not by 12, but by 11 months and add 10,000. It turns out 230,000 rubles. Next, we calculate the calendar days for the hours worked: 29.4 days x 11 months + 29.4 days / 30 days x 15 days. We get 338.1. Next, we count average salary for Vasilkov's vacation these days: 230,000 / 338.1 days = 680.27 rubles. We multiply this number by the number of vacation days (14). In total, Vasilkov should receive vacation pay in the amount of 9,523.78 rubles.

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