For what period is the next vacation granted as one of the forms of realization of the right to rest? To answer this question, it is not enough to refer to the Labor Code - it is also necessary to study the explanations given below by the Ministry of Labor and Rostrud.

What is the duration of the annual leave?

In accordance with Art. 37 of the Constitution, all workers have the right to rest, the implementation of which is carried out in different forms. In particular, as stated in Art. 21 of the Labor Code, employees go on vacation annually. It is understood as the time of release from performance of labor duties for the purpose of rest, paid by the employer.

Basic vacation is granted for the period of work during which the employee worked under an employment contract with one employer. According to Art. 122 of the Labor Code there are several periods:

1. After 6 months from the beginning of the 1st year of employment with the employer.

   There are exceptions. The employer has the right to provide rest earlier at the request of the employee and is obliged to do this when he declares about early leave on vacation:

   • minor worker;
   • an employee who adopted a newborn (up to 3 months);
   • a woman before or after maternity leave (hereinafter - B&R);
   • part-time employee when receiving leave at the main job;
   • caregiver of a minor child with a disability;
   • a man while his wife is on vacation in BiR;
   • other worker who has received such a right on the basis of the law.
2. Annually from the 2nd year of operation.

   NOTE! when calculating the period in which rest is provided, not a calendar year, but a working year is taken into account. Therefore, an employee can legally go on vacation for 28 (or more) days twice in a calendar year.

As Rostrud pointed out in a letter dated 06/08/2007 No. 1921-6, unused vacations for the last working period do not “burn out”. At the request of the employee, they are transferred or, if it is a part of the vacation that exceeds the mandatory 28 days, they can be replaced by monetary compensation.

Working year duration

In accordance with the explanation of the Ministry of Labor (letter “On granting leave to disabled people ...” dated 06.10.2016 No. 14-2 / ​​OOG-8948), the duration of the working year is 12 months, and its difference from the calendar is the starting point: the date of conclusion employment contract. The working year includes intervals of the employee’s direct work and other periods, which, on the basis of Art. 121 TCs are included or not counted in the length of service.

The accrual of seniority is a condition that must be observed when receiving annual rest. But how does seniority affect the constitutional right to rest?

It could be assumed that the total time of labor and equivalent activities is related to the maximum amount of time that must be worked per year in order to be able to exercise the right to rest. However, this is not true.

Based on the information given in the letter of Rostrud dated June 14, 2012 No. 854-6-1, the periods included in the length of service do not affect the length of the working year. The terms that are not included in the length of service are important, since the year of work is extended by this time.

Calculation of the length of service required to receive the main leave

To obtain the right to leave, it is necessary to gain experience, according to Art. 121 TC including time:

• actual labor activity;
• rest, during which the employee retained workplace(weekends, annual 28 days of rest, public holidays, etc.);
• forced absenteeism due to illegal suspension or dismissal and subsequent reinstatement;

INTERESTING! There is a position that absenteeism is taken into account in the length of service for receiving leave only if the employee is subsequently reinstated at work. If he is not reinstated at work, but only changes the wording of the grounds for termination of labor relations, the time of absenteeism is not included in the length of service (see appeal ruling of the Moscow City Court dated December 16, 2014 No. 33-40510);

• suspension from work due to failure to pass a medical examination, if this is not the fault of the worker;
• unpaid leave (up to 14 days per working year).

The length of service does not include the time spent by the employee on parental leave, and the period of absence from work without a good reason.

Let's summarize. Taking into account the established periods for granting the next rest, general rule as follows: 1 vacation for 1 working year. Usually such a year is 12 months, but its duration is increased by periods not included in the length of service.

Every officially employed citizen has the right to an annual paid leave of 28 calendar days. Vacation paid based on average earnings this employee for the last calendar year. This implies not a calendar year, but a working one, and the countdown does not start from January 01, but from the date of conclusion of an employment contract with a specific employer.

The right to take annual leave arises from the employee after six months of work with this employer. If the parties to the contract reach an agreement, the leave may be granted earlier. If an employee quits before having worked even six months, then the employer is obliged to pay him compensation for unused vacation days. And how to calculate how many vacation days an employee has accumulated? The formula for calculating vacation pay is not that complicated. You need to know what periods are taken into account for the length of service that gives the right to leave.

Starting from the second year of performance of their labor duties, the employee's leave is provided in accordance with the schedule, which must be approved at each enterprise by December 15 of the current year for the next year. Every employee should know how to calculate vacation pay.

Vacation pay is calculated according to the formula:

OTP \u003d (Salary / (12 * 29.3)) * number of vacation days, where:

• OTP - the amount of compensation received for vacation;
• Salary is the salary of this employee for the entire period worked; 12 - the number of months in a year;
• 29.3 is the average number of days in a month. This value is set at the level of the Government.

Calculation and payment of vacation pay must be made no later than 3 calendar days before the start of the employee's vacation. It is more difficult to use the above formula if the employee has not fully completed the working year.

(29.3 / 12) * total number of months worked. 29, 3 / 12 \u003d 2, 44 days each employee has for the month actually worked.

When calculating vacation pay, the following periods are taken into account, in accordance with Art. 121 of the Labor Code of the Russian Federation:

• actual work time;
• days when the employee was actually absent from the workplace, but it remained with him. Such cases are given in the Labor Code of the Russian Federation and other regulations;
• days of forced absenteeism;
• other periods specified in Art. 121 of the Labor Code of the Russian Federation.

For example, an employee got a job on November 02, 2015, and on April 28, 2017, he quit. The entire period he worked completely, without gaps. Thus, he "accumulated" 5 months of seniority for the holidays. Since April "passed" for half, it is considered completely. Therefore, the employee has "accumulated" 2.44 * 5 = 12.2 vacation days. According to the rounding rules - 12 calendar days.

Vacation pay formula

What does the formula for calculating average earnings for vacation pay look like:

Srzar \u003d Zarpl / (12 * 29.3), where:

• srzar is the average salary for 1 day of work of a particular employee;
• Salary is the entire accrued salary of a particular employee for the last working year;
• 12 - the number of months in a year;
• 29.3 - the average number of days in 1 month.

For example, an employee got a job on June 02, 2016, and from June 01, 2017 he has the right to go on vacation. During this period, he received 578,000 rubles. Thus, his average salary for 1 day of work is equal to:

578,000 / (12 * 29.3) = 1,638.32 rubles.

The formula for calculating vacation days is as follows:

(29.3 / 12) * total number of months worked. 29.3 / 12 \u003d 2.44 days each employee has for the month actually worked. For example, an employee has worked a full 7 months for this employer. Therefore, upon dismissal, he has the right to receive compensation for 7 * 2.44 = 17 calendar days of vacation.

Calculation formula

Calculation formula vacation days looks like that:

The average earnings of this worker * the number of vacation days.

Each employee has the right to independently split his vacation, but with the condition that one half of it will be at least 14 calendar days. The remaining days he has the right to share. But you need to reach an agreement with the employer, since the splitting of the vacation is out of the general schedule, and this may affect the rest of other employees.

The average earnings for 1 day of work is calculated using the following formula:

All earnings for the last calendar year / 12 * 29.3

Vacation pay in 2018 is calculated taking into account the Regulations on the procedure for calculating average earnings, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922. New calculation rules have not been developed or approved for several years.

For the amount Money, which the employee will receive during the period of his rest, is influenced by the following factors:

• the period for which the calculation is made;
• average salary of an employee. It is for the purposes of calculating this indicator that it is necessary to take the appropriate certificate from the previous employer. This will allow not to “lose” some amounts and periods;
• work experience;
• the number of rest days that the worker wishes to use. The maximum amount of compensation will be paid for 28 calendar days of vacation.

Only the employee who officially works under an employment contract has the right to leave. If a civil law contract is concluded with an employee, then such a performer does not have the right to leave. The standard vacation duration is 28 calendar days. But there are some categories of workers who, by virtue of their profession and position, may qualify for additional days of rest.

The first vacation is granted after six months of work, then - according to the schedule. There are such employees who can go on vacation at a time convenient for them, despite the previously approved document:

• women who are about to go on maternity leave;
• employees who officially adopted a child who is not yet three years old;
• underage workers.

Important! Each employee, having agreed with the employer, has the right to receive leave without pay. In this case, you do not need to calculate anything, since the management does not have to pay for these days. But if you arrange such a vacation lasting more than 14 days, then this will affect indicators such as length of service and the length of the working year.

Number of days in the period

To calculate vacation pay, you must take the previous 12 months and the time actually worked in them. The company may set a different billing period (for example, six months or a quarter). But this norm must be enshrined in a collective agreement or other regulatory act. With this provision, the employee must be familiarized with the signature when applying for a job.

A self-set period should not worsen the position of the employee, as if the "standard" period were used in the calculation.

If an employee decides to take a vacation after six months, then the time actually worked by him is taken into account for the calculation. When calculating, you need to know which periods are excluded. These include the days the employee is on sick leave (for various reasons) and on unpaid leave (more than 14 days).

Accountants sometimes have a question about accounting public holidays that fall during the employee's rest period. Should they be considered? According to the clarifications of the Ministry of Labor (letter No. 14-1 / B-351 dated April 15, 2016), these days "automatically" extend the vacation, but they are not paid.

What if the period is excluded completely? For example, a woman was on leave to care for her child. Then, for the calculation, one should take the period that was fully worked out, even if it was several years ago. If this period is also completely excluded, then you need to take the billing month and the days actually worked in it.

Downtime that occurred through the fault of the employer is also excluded from the billing period. This period is paid from the wage fund at the rate of 2/3 of the average earnings. But neither the amount nor the days are taken into account when calculating vacation days.

Payments taken into account in the calculation

To correctly calculate the average earnings, you need to know which payments are taken into account in the calculation. Government Decree No. 922 states that the employer must take into account all amounts that relate to wage payments. These payments must be spelled out in the relevant local regulatory act, which the employee must be familiar with when applying for a job.

Average earnings are calculated on the basis of the provisions of Art. 139 of the Labor Code of the Russian Federation. Analyzing this article, we can conclude that all payments (including incentives) that are included in the remuneration system of a given employer and that do not contradict the norms of the law are taken into account. It does not matter how these payments are made.

The question arises about accounting for bonuses, since they relate to incentive payments. For the calculation, those bonuses that relate to the wage system are taken into account. Their list should be spelled out in one of the following local regulations:

• contract of employment;
• position on wages;
• regulation on incentives (bonuses);
• collective agreement.

Vacation pay calculation

Some employees, wanting to extend their vacation, arrange vacation so that it “hooks” on weekends and holidays. If official non-working holidays fall into the employee's legal vacation, they are not included in the number of vacation days and, as a result, are not paid. In Art. 112 of the Labor Code of the Russian Federation provides an exhaustive list of official non-working holidays in Russia. Most of them fall in January.

Young workers are often concerned about the question, but are weekends taken into account during the vacation period? According to Art. 119 of the Labor Code of the Russian Federation, annual paid leave in Russia is provided in calendar days. In Art. 120 of the Labor Code of the Russian Federation states that weekends, along with working days, are included in vacation and are payable.

Vacation duration

In Russia, the minimum duration of annual leave is 28 calendar days. All citizens who are officially employed can count on such a vacation. These include persons working under an employment contract. Persons carrying out their activities under a civil law contract cannot count on the annual provision of 28 days of rest. Such guarantees are given only officially working.

In Russia, certain categories of workers have been identified who are entitled to extended rest. The number of additional days is provided by law. In addition, the employer has the right to independently "throw" a few days for vacation. But this provision should be spelled out in the local regulatory act.

Calculation example

In order to understand how to correctly calculate vacation pay, it is necessary to give a few examples.

Example 1. Employee N. wrote an application for annual leave from 02.04 to 30.04. His salary is 56,000 rubles. Before the New Year, all employees, including employee N., were given a bonus in the amount of 18,000 rubles. Every month, employee N. receives compensation for gasoline in the amount of 5,000 rubles and for mobile communications 1,000 rubles. The period worked out by N. completely.

1. The billing period from 04/01/2017 to 03/31/2018 has been fully worked out.
2. Payments that must be taken into account when calculating vacation pay:
   • employee salary - 56,000 * 12 = 672,000 per year;
   • New Year's bonus - 18,000 rubles;
   • compensation payments are not taken into account, as they do not relate to the wage system.
3. The average earnings of N. for the billing period is equal to:
   (672,000 + 18,000) / 12 = 57,500 per month.
4. Vacation pay calculation:
   (57,500 / 29.3) * 28 = 54,948.5 rubles.
5. In the hands of N. will receive:
   54,948.5 - (54,948.5 * 13%) = 47,805.2 rubles.

Example 2. Employee N. wrote an application for an annual leave of 14 calendar days in the period from 01.04 to 15.04. N.'s salary is 42,600 rubles. N. was hired from 01.10.2017. In December, he was on sick leave for 7 days and received 12,000 rubles during this period. In December, he also received a salary of 27,000 rubles.

1. The billing period from 10/01/2017 to 03/31/2018 has not been fully worked out.
2. Before the leave, N. worked for a full 6 months, that is, 6 * 29.3 = 175.8 days.
3. Together with sick leave in December - 29.3 * 23/31 = 21.7 days. Total 175.8 + 21.7 = 197.5 days.
4. Payouts to be calculated:
   • for 6 full months and part of December, excluding sick leave - (6 * 42,600) + 27,000 = 282,600 rubles;
   • sick leave is not taken into account.
5. Vacation pay calculation:
   (282,600 / 197.5) * 14 = 20,032.4 rubles.
6. In the hands of N. will receive:
   20,032 - (20,032.4 * 13%) = 17,427.84 rubles.

Example 3. Employee N. wrote an application for leave from 04/01/2018 to 04/15/2018. He worked for this employer for 5 years. Monthly salary - 68,000 rubles, monthly bonus - 5,000 rubles. At the end of 2017, a bonus in the amount of 30,000 rubles was paid. In March, N. was on sick leave for 7 days, the amount of payments was 27,000 rubles, the salary for March was 40,000 rubles.

1. The billing period is from 04/01/2017 to 03/31/2018.
2. In March, he worked 29.3 * (31 - 7) / 31 = 22.7 days.
3. The amount of payments for March to calculate the average earnings:
   • according to the production calendar in March 21 working days;
   • N. actually worked 16 days;
   • March premium (5,000 / 21) * 16 = 3,809.5 rubles;
   • the total amount for March is 40,000 + 3,809.5 = 43,809.5 rubles.
4. Due to the fact that N. was on sick leave, he worked part of the billing period. Therefore, the bonus at the end of the year should be recalculated according to the days actually worked. For N., this is 244 days. And according to the schedule - 249 days. Prize amount: (30,000 / 249) * 244 = 29,397.6 rubles.
5. Total for December - 68,000 + 29,397.6 = 97,397.6 rubles.
6. Vacation pay calculation:
   • at the end of the year (68,000 * 11) + 97,397.6 = 845,397.6
   • number of days to calculate 29.3 * 11 + 16 = 338.3
   • vacation pay - (845,397.6 / 338.3) * 14 = 34,985.4 rubles.
7. In the hands of N. will receive 34,985.4 - (34,985.4 * 13%) = 30,437.3 rubles.

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). So, holidays, as well as weekends that do not fall under the periods listed in clause 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

Vacation for most working people is the most enjoyable time of the year. How to conduct it, many begin to plan for another six months. But, despite the general pleasant feeling of anticipation, even such a pleasant phenomenon as a vacation period raises some questions. How to calculate its duration? What if the employer refuses to provide it? Can an employee refuse a leave granted by the manager? Who is guaranteed the right to rest? And in this regard, what can be said about foreigners or those persons who do not have citizenship at all? How to count holidays on vacation? What documents are drawn up at the enterprise before sending a specific employee to rest? How to count vacation in May, as in the month that is characterized by the largest number of unscheduled days off? What role does seniority play in determining vacation time? How to calculate vacation pay? How is a leave order made? When should the appropriate schedules be generated? Be careful: the answers to all the above and some other questions will be provided in as much detail as possible in this article.

Vacation entitlement

Any employees who legal grounds work in the area Russian Federation, have the right to annual rest (and we are talking about both citizens of the Russian Federation and foreigners). This applies to those who cooperate with organizations, institutions, enterprises, the form of ownership of which, however, does not play a role, as well as the industry and type of professional activity. This also applies to those who work under a contract for an individual.

What exactly ensures the right of employees to leave?

• The prohibition of the possibility of replacing the annual holiday with a certain compensation in cash. Exceptions are cases that are specified in the current legislation.
• Guarantee that each employee is given a period of rest, the duration of which is influenced by a number of factors. At the same time, his place of work and level will be saved. wages.

How to count unused vacation?

It happens that the employee does not use the provided rest. There can be many reasons for this. For example, how to count vacation upon dismissal? Many are very concerned about this issue, as employers often strive to neglect the rights of an employee in this regard. It is important to know that, if the employee so desires, he may be granted leave that he did not have time to use. What date will be the day of dismissal? Last day of vacation. It is then that all the proper cash must be paid to the employee. Now you understand how to count vacation upon dismissal. It's easy if you understand some of the nuances.

How to calculate compensation for unused vacation? This depends on the employee's rate, as well as on the total amount of money that would have to be paid if the rest time was used in the previously foreseen way.

But what if the employee did not have time to use the vacation, and the term of the employment contract has already expired? Such an employee can still use it, even if it exceeds the duration of the contract. And its action is artificially extended for the duration of the holiday.

If the employer refuses to provide its employees with the rest provided for by law, then this is a direct violation of the rights of the company's employees guaranteed by the state. There is some responsibility for this.

There is no statute of limitations that invalidates unused vacations. If an employee has not been able to use his right to leave for several years, then, if desired, he can do this once for all unused time. And in the case when such an employee decided to quit, the company's management must pay appropriate compensation.

Determining the duration of holidays

And if the vacation falls on a holiday, how to count? Such non-working days are not taken into account in the total duration of vacation - both annual and additional. However, this does not apply to weekends. So, for example, many people have a question about how to count vacation days in May. After all, this month is notable for the instability of the work schedule. So, if your vacation starts, for example, on April 30 and lasts 24 days, then you need to add as many days to the vacation duration in calendar days as the number of holidays your company has allocated to its employees as days off. Thus, you will need to go to work on May 24, and on May 27. The calculations are extremely simple. Now you understand well how to count vacation in May.

Remember that this calculation mechanism is universal. You can use it in any month as long as your vacation falls on a public holiday. How to count, we figured out above. If in doubt, you can check with your Human Resources department.

Vacation types

• basic annual leave;
• additional vacation days for the specific nature of the work;
• additional rest for work in harmful and difficult conditions;
• other types of leave that were previously provided for by current regulatory legal acts.

Annual basic leave

Absolutely any employee who is registered with the enterprise is entitled to this type of vacation. How to count this type of vacation? According to the law, it cannot be less than twenty-four calendar days. However, for some groups of employees, an annual vacation of much longer duration is provided.

The procedure for granting holidays

This point is also important in order to figure out how to count vacation days.

It should be noted that additional leave can be granted both together with the main one and separately from it within one working year. However, their total duration cannot exceed 59 calendar days.

In order to get the right to leave at a new place of work, you must work there continuously for at least six months. However, in some cases it is possible to go on vacation earlier. To which groups of workers does it apply?

• Disabled people.
• Minors.
• Those who work part-time.
• Women before or
• Employees-students for the duration of the session.
• Women who have at least two children under the age of fifteen or a disabled toddler.
• Employees who were issued a voucher for treatment in a sanatorium.
• Men whose wives are currently on maternity leave.
• Parents who are educators in family-type orphanages.

Vacation schedules

As a rule, it is the management of the enterprise that is involved in the formation of the order in which employees go on vacation. The process takes into account the personal requests of employees, production needs and existing opportunities for employees to relax. It is important to remember that the schedules must be drawn up no later than January 5 of the year in question. This document can be drawn up in any form, since a single statutory sample does not exist.

In the schedule, you will need to fix the specific scope of the vacation (certain dates, start month and end month).

If both parties to the contract are satisfied with this situation, then the vacation can be planned in parts.

The specific period for granting annual leave within the limits established by the schedule is agreed between the employee and the employer, who is obliged to notify the employee in writing of the start date of the vacation no later than two weeks before the deadline set by the schedule.

Only the employer can grant leave or not to do so. So, if the employee himself does not want to go on vacation, the boss can, without his desire, issue an order to grant leave. The employee will have to obey, because failure to comply with the instructions of the management entails disciplinary liability.

However, there are some categories of employees who are given the right to go on vacation at a convenient time for these employees. These include, in particular:

• minors;
• women before or after maternity leave;
• disabled people;
• military wives;
• parents who are educators in family-type orphanages;
• labor veterans;
• war veterans;
• women who are mothers of two or more children under 15;
• employees who have special labor merits before the state;
• women raising a disabled child;
• employees who have special merits before the state;
• a parent who raises children alone;
• in all other cases provided for by the current legislation.

Leave order

Any types of leave must be formalized with the help of a special order, which is drawn up in a special form established by law.

This document is provided to superiors in two separate copies. One of them is provided to the personnel department, and the other is given to the accounting department. It must be signed by both the immediate supervisor of a particular employee and the manager of the entire enterprise as a whole.

The order must indicate for which working year the vacation is taken and how long it is planned.

Calculation of experience

So, what is included in the experience?

• Firstly, the time the employee performed his direct production duties (that is, actual labor). It is taken into account even in part-time conditions.
• Secondly, the period when the employee did not actually work, but the position was retained for him in accordance with the basic requirements of the law.
• How about parental leave? Is it included in the experience? No. This period is an exception.
• The time when an employee was trained at a university in conditions of separation from work.
• Some other situations that were provided for by law.
• Hours of work in hazardous or unhealthy conditions.
• Vacation time for work in special, difficult or dangerous conditions.
• The working time of women in a position who, for medical reasons, were transferred to easier work.

Vacation transfer

The annual vacation of an employee can be transferred to another period, both at the request of this employee, and in connection with production needs.

So, directly the employee may demand this in the following cases:

• if the employer notified the employee too late about when he would be granted leave;
• if the manager did not pay the employee the monetary reward on time, which he should receive for the period of his vacation (at least three days before its start);
• if the employee becomes disabled;
• if the time has come for a vacation in connection with the onset of pregnancy or childbirth itself;
• if the employee performs certain important public or state duties;
• if leave for educational activities and annual leave coincided in time.

Dividing vacation into parts

Such a procedure must be carried out subject to the desire of the employee. However, one of its whole parts must last at least two weeks (counting calendar days). It doesn't have to be the first one. However, the division of vacation into parts is only an opportunity, and not an obligation of the employer. Sometimes production circumstances do not allow it to be done in the way the employee wants. In this case, the employer may not agree to the conditions offered by the employee.

Feedback on work during vacation

What if management requires an employee to come to work during his vacation? How to count vacation in this case?

The legislation provides for such an opportunity, however, and establishes a number of conditions that must be met without fail. For example, the following:

• the absolute consent of the employee who is called;
• the part of the vacation that was not interrupted must be at least fourteen days;
• that part of the vacation time that was not used must be provided at any other time of the year or immediately after all the reasons for his presence at work during the vacation have been eliminated; this should be agreed with the employee and completely satisfied with him.

So, for what reasons can an employee be called to continue performing his duties at the enterprise during vacation? Among them are the following:

• in order to prevent downtime of equipment, the occurrence of accidents, damage to property of the enterprise or loss of life;
• in order to prevent the onset of the consequences of a natural disaster, as well as to prevent or eliminate the consequences of any industrial accident.

Conclusion

This article was intended to help you figure out how to properly count your vacation. Now, it seems, it has become obvious that it is absolutely easy. The main thing is to remember exactly what nuances should be taken into account. Among them, for example, the following can be distinguished:

• the total duration of the main annual leave (which is affected by the general length of service, the special period of work at a particular enterprise);
• the presence of holidays during the planned rest period (especially important for those who go on vacation in late December - early January, as well as in May);
• unused vacation of previous years (can be summed up and used later simultaneously or in parts).

Today we found out that the minimum vacation period guaranteed by law should be at least twenty-four calendar days. At the same time, the duration of the rest increases if any national holidays fall on this period. Also, some groups of employees are entitled to additional vacation time. These include, for example, those who work in dangerous, harmful or extremely difficult conditions.

It is also important to remember that a vacation can be divided into parts. Usually two. Most of them should not be less than fourteen calendar days. However, such a situation becomes possible only if both parties (both the employee and the employer) come to an agreement and find a compromise, since in this case, one should take into account not only the wishes of the employee, but also production capabilities and needs (if there is no one to replace the employee , and he must fulfill his direct official duties during the period that he has chosen for his vacation, the employer has the right to reschedule it).

So, in this article, we discussed all the questions that the vacation period caused: "how to count", "who is entitled to annual leave", "what to do if the employer refuses to give the employee time to rest."

Respect yourself and protect your rights. To do this, it is extremely important to know exactly what you are entitled to and what obligations the employer has towards you. This will help you avoid being mistreated as an employee. However, for your part, also comply with all current legal norms contained in regulatory legal acts.

And let your annual vacation bring you and your loved ones only the most positive emotions!

How to calculate holiday pay - a question that often arises among the working population. Someone wants to calculate money for vacation in advance, someone wants to check the accounting of their employer, some suspect an error in the accruals.How to calculate holiday pay (formula ), described in this article.

What is vacation pay

In accordance with the current labor legislation, each employee has the right to annually enjoy a fairly long period of rest, during which he retains his workplace and position. Vacation time is paid by the employer, and the salary is given to the worker in advance.

Vacation pay is, in fact, the salary of an employee for the time that he could work, but will rest. Thus, holiday pay is cash payment employee before vacation, which is average salary employee for rest days.

How to calculate vacation pay in 2017-2018

In order to calculate the amount of vacation pay payable, you must first calculate the average daily income of a citizen, taking as a basis the amounts of money received by the employee in the past year before the vacation. Accurate holiday pay formula determined by the Regulations on the peculiarities of the procedure for calculating the average wage, approved. Decree of the Government of the Russian Federation No. 922 dated December 24, 2007 (hereinafter referred to as the Regulation).

The average daily wage of a worker is calculated by the formula:

D - the employee's income for the past year before the vacation;

12 - the number of months in a year;

29.3 - the average number of days in a month during the year established by the Regulations (clause 10).

For example, the total income of an employee for the year is 240,000 rubles. Applying the formula

240 000 / 12 / 29,3

and we get an average daily wage equal to 682.60 rubles. This is ideal when an employee worked all the working days in the settlement stage (year).

How to calculate holiday pay, if some months of the billing year are partially worked out by the workers? In this case, the average daily income is obtained by dividing earnings for the past time (D) by the sum of the average number of calendar days (29.3) multiplied by the number of full months and the number of days in partial months.

For example, an employee worked 11 months out of the billing year without a break, and in one of the months he was on sick leave for 2 weeks (that is, he worked 15 calendar days of the month). Accordingly, his income for the year will be less by 10,000 rubles (monthly 20,000 rubles in one of the months were not received in full). The average daily earnings in this situation will be equal to:

230,000 / (29.3 × 11 + 15) = 681.89 rubles.

Next, to produce the final vacation pay calculation, it is necessary to multiply the average daily earnings by the number of days the employee is on vacation. For example, an employee goes on full leave for 28 days. So, we multiply 682.6 by 28 and get vacation pay equal to 19,112.8 rubles. Or we multiply 681.89 by 28 and get 19,092.92 rubles - vacation pay for one part-time working month per year from the second example.

Payments taken into account when calculating average earnings

According to the Regulations, all payments made to the employee by the enterprise are used to calculate the average earnings. These include:

• salary (salary, time payment, percentage of revenue, commissions, etc.);
• salary received by the employee in kind;
• material maintenance for the hours worked by civil servants and municipal employees;
• employee fees mass media and cultural workers;
• payment to teachers of vocational schools for overtime hours or reduced workload for the current academic year, regardless of the time of accrual;
• allowances and surcharges (for secrecy, for knowledge of foreign languages, for length of service, for class leadership in educational institution And so on);
• compensation for unfavorable working conditions;
• other bonuses and payments.

At the same time, the calculation does not take into account various social compensations (material assistance, payment for lunches, compensation for travel, training, etc.).

In addition, when determining the average daily earnings, the amounts accrued for the periods are not included in the calculation:

• maintaining an average salary for an employee in accordance with labor legislation, except for breaks for feeding babies;
• sickness or maternity leave;
• downtime due to the fault of the employer or for reasons beyond the control of both parties;
• the impossibility to carry out labor duties in connection with the strike, although the employee did not strike personally;
• additional paid days off allocated for the care of children with disabilities or disabled since childhood;
• other cases of release from work with full or partial pay or without pay.

The procedure for calculating vacation days to which an employee is entitled upon dismissal

In addition to the average daily salary of an employee, in order to calculate the amount of vacation pay upon dismissal, it is necessary to know the number of vacation days that the employee is entitled to by the time the employment relationship is terminated. Modern labor legislation does not establish methods for calculating the days of rest to which the worker is entitled at the time of dismissal, therefore, the Rules on regular and additional holidays are used in the calculation, approved. Tax Code of the USSR 04/30/1930 No. 169. If an employee worked for an employer for 11 months, received the right to leave, but did not use it, he is paid full compensation. In other options, rest days are reimbursed in proportion to the number of months worked in a part-time year. The number of vacation days due to the worker (Ku) is calculated by the formula:

Ku \u003d (Mo × Ko) / 12,

Mo - months worked by a citizen;

Ko - the number of days of the employee's annual leave;

12 is the number of months in a year.

Another method of calculation, which is also used by employers, was proposed by Rostrud in letters No. 5921-TZ dated October 31, 2008, No. 1920-6 dated June 8, 2007, and No. 944-6 dated June 23, 2006. The essence of the method is that each month worked by an employee gives him the right to 2.33 days of rest (28 days leave / 12 months) or more if the employee’s vacation is more days (for example, for teachers 56/12 = 4.67 ). The number of months worked by a citizen, when calculating vacation days, is considered in such a way that surpluses of less than half a month are excluded from calculations, and more than half are rounded up to a full month.

However, this method is not always accurate. If in this way we calculate the number of vacation days earned for half a year of work, we will get not 14 days, but 13.98 days, and the current legislation did not provide for the possibility of rounding vacation days. The Ministry of Health and Social Development separately in its letter dated December 7, 2005 No. 4334-17 reports that if an enterprise decides to round off vacation days, then this should always be upwards - in favor of the employee.

How is vacation pay calculated upon dismissal

In accordance with applicable law, upon dismissal, an employee must receive, among other things, due payments and compensation for unused vacation by the time of termination of the employment contract. The law does not provide for any established amounts of compensation, and the amount of payment is determined depending on the average salary of the employee for the past annual period.

Another indicator that is needed to understand how vacation pay is calculated upon dismissal, is the number of vacation days "earned" by the employee by the day the employment contract is terminated.

Thus, the amount of vacation pay upon dismissal is determined by multiplying the average daily salary of an employee for the past billing year by the number of vacation days - earned but not used by the employee.

For example, how to calculate holiday pay if the average daily wage of an employee is 682.6 rubles? Suppose, after the last vacation and before the dismissal, the employee worked for 6 months, that is, he already “earned” 14 days of rest (half of the standard 28-day vacation). We believe:

682.6 × 14 = 9556.4.

9,556.4 rubles - compensation for unused vacation, which must be paid to the employee upon termination of the employment contract.

Summing up, we can say that labor legislation in the field of determining the calculation of the number of vacation days due to the employee by the day of dismissal is imperfect. One of the calculation methods is set normative act 30s of the last century, which operates in the part that does not contradict modern legislation. Another method is proposed in a recommendatory form and is largely criticized. However, each employer has the right to choose one of the available calculation methods for their organization. The main thing is to remember that any inaccuracies in the calculations (fractional values, etc.) should be interpreted to the benefit of the employee.