Each officially employed citizen has a number of rights and freedoms that are protected by labor legislation. In particular, this applies to the right to a well-deserved rest or its compensation in monetary terms.

Right to compensation

According to labor law, vacation replacement monetary compensation possible if the employee voluntarily agreed to this. For example, in 2016, an employee did not take his vacation or part of it, thereby postponing it to 2017.

Not every employer can provide an employee with more than 28 calendar days of rest per year, so the rest is usually compensated in cash. In fact, the unspent part of the holiday is replaced by additional payments. Article 126 of the Labor Code implies that monetary compensation is due only for that part of the vacation that exceeds the 28 calendar days established by law. For example, workers in the Far North are additionally entitled to 24 calendar days of rest. It is their employer who can replace them with a cash payment, based on the average wage.

Retirement Compensation

Labor legislation in article 127 clearly indicates that monetary compensation for unused vacation must be paid by the employer in favor of the employee upon dismissal. The final settlement includes payments for hours worked, bonuses due and additional funds, payments for rest that has not been used. The right of the employee remains leave from subsequent dismissal. For example, before leaving workplace, a citizen has the right to receive all due days of rest, and not material compensation. Seniority during the vacation period is not interrupted, and the workplace is retained by the employee. It is impossible to fire him during this period of time. The employee has the right to change his mind about leaving own will by writing an appropriate application at least 14 calendar days before the end of the employment contract.

Who has a vacation of more than 28 calendar days

Vacation of civil servants

According to the law, civil servants are entitled to additional leave for seniority and irregular working hours. Days of rest for length of service are accrued depending on the length of service of the employee. Read more in this

In addition to workers in the Far North, there are categories of workers who are entitled to rest for more than 28 calendar days. These categories have the right to replace vacation with monetary compensation in 2019 at their own request. These specialists are:

1. employees of the pedagogical sphere;
2. medical workers;
3. workers with disabilities;
4. scientists of higher educational institutions;
5. civil servants of the state civil service;
6. workers performing research work.

Each of the employees in this area has the right to rest 28 calendar days a year at the expense of the employer, and for the remaining days to receive compensation in cash. The employer, in turn, has the right to refuse payment, insisting on the full rest of the employee.

How to get compensation

Since the employer has the right to refuse to replace annual paid leave with monetary compensation, the employee must know exactly how to receive the funds due. First of all, it is necessary to write an application addressed to the head, which indicates the period of additional paid leave, which should be replaced by a material payment. The employer is obliged to consider the application within three working days, and then issue an appropriate order.

Who is not entitled to compensation

Employees employed in complex, hazardous and hazardous industries, and having a vacation of more than 28 calendar days, do not have the right to replace additional days with material payment. First of all, this is due to working conditions that are difficult and unhealthy. That is why the employer has the right to refuse to provide payments for legal basis. As practice shows, partial compensations are paid to employees engaged in hazardous production, but in total they do not exceed seven calendar days of vacation.

To whom and when compensation is paid for unused vacation - see the video below:

Employees who are under the age of 18 at the time of the holiday cannot claim to replace the holiday with money. Article 126 of the Labor Code prohibits minors from receiving compensation instead of annual paid rest. The same rule applies to pregnant women who go on maternity and employer-paid leave.

Registration of compensation

After receiving, considering and signing the employee's application, the employer is obliged to issue an order for compensation for unused vacation according to the established model. The order includes a description of the period that must be replaced by a material payment, the exact dates are written in the text of the order. In addition, the period by which payments must be accrued in full is indicated.

How the amount is calculated

For unused vacation, compensation is calculated based on the average salary of the employee. Total annual wage divided into 12 calendar months, after which it is divided by the average number of days in one month. The amount received is the average daily salary, which is the basis for calculating compensation for unused vacation. The number of days not taken off is multiplied by the average daily wage, where the result will be the amount of the payment.

You can ask the lawyer any questions you have in the comments below.

Retirement is not the most pleasant moment. And regardless of how a person leaves, of his own free will, for a reduction or for another reason, it is very important for him to receive the payments due to him upon dismissal. Unfortunately, not all people know what payments they should be provided upon dismissal. Although in fact, workers in this regard are quite protected.

Payments to an employee upon dismissal

If you decide to quit your job of your own accord, you must notify your employer two weeks before you leave. At the same time, by mutual agreement, the employment contract can be terminated ahead of schedule. On the day of termination, you must be paid a salary for the hours worked and monetary compensation for unused vacations. Salary for the last month is calculated in proportion to the number of days worked. This may include interest and various bonuses stipulated by the contract. Vacation pay usually causes problems for employees. Although it is not difficult to calculate them, unscrupulous employers often try to manipulate at the expense of unused vacation, unreasonably underestimating the statutory payments to the employee upon dismissal. Therefore, you need to monitor this and calculate everything yourself.

Vacation pay upon dismissal is calculated in proportion to the amount of time worked in the current year. If you are entitled to 30 days of vacation per year, then for the six months you have worked you should receive 15 days of vacation. If you did not go on vacation in the previous year, then you should be compensated for it. According to the law, the employer does not have the right not to grant the employee leave for two years. Therefore, if it turns out that you have not been on vacation for more than two years, the employer will be liable for this. The exception may be that you personally did not need a vacation, in which case the company must keep all your applications for postponement of vacations. Upon dismissal, all of them must be compensated to you.

If, on the contrary, you like to relax, and have already received vacation in advance this year, but have not worked for a year, then part of the vacation pay will be deducted from your salary. The deduction is also made in proportion to the months unfinished in the year. If you have not finalized half a year, then half of the vacation pay, if you please, return. If you have unused vacation, then you can receive monetary compensation for it or get the opportunity to take vacation before dismissal. Leave is given to you upon the relevant application and at the request of the employer. If the employer agrees to give you a vacation, in this case, the payment of the calculation upon dismissal will be made on the last day of work, and after the vacation you can no longer return to work. It is important to say about sick leave during this vacation. If after dismissal, while on vacation, you fall ill, the employer must pay you sick leave. If you leave of your own free will, you cannot count on additional benefits and compensations. But what you are entitled to by law, the employer is obliged to pay.

Reduction payouts

When leaving on a reduction, you have the right to receive not only salary and vacation pay, but also various benefits. The severance pay includes severance pay in the amount of your average monthly salary. You may also receive a larger amount if it is provided for in a collective or employment agreement. This guide is in normal size not subject to income tax individuals. If you receive a higher benefit, tax will still be deducted from it.

Also, payments upon dismissal for reduction imply the preservation of the average monthly earnings in the next two months after the dismissal. This average earnings also includes the previous severance pay. If you apply to the city employment service within two weeks from the date of dismissal, then if it is impossible for you to find a job within two months, your average earnings will be kept for you in the third month.

Your employer must give you two months' notice of the redundancy and your departure. Moreover, if you want to leave early, without waiting for the expiration of the two-month period, then you must be paid compensation in the amount of the average wage for unworked days. This compensation is also not subject to personal income tax.

Thus, at the time of dismissal, you are obliged to pay the rest of the salary, monetary compensation for unused vacations, compensation for days not worked, as well as severance pay. All this you get regardless of your subsequent employment. But the payment of funds to maintain the average salary in the next two months will occur only if you cannot get a job at this time. That is, if you expect to receive funds in the second month after dismissal, be prepared to show your work book no new entries.

Another important point if you fall ill within a month after dismissal, the employer is obliged to pay a temporary disability certificate. The same applies to maternity leave. If the enterprise is liquidated, then the employees are entitled to similar conditions for dismissal and appropriate payments. Now you clearly know what payments are due upon dismissal to you in different situations. Do not forget that all rights of employees are protected by the Labor Code Russian Federation. And all actions of the employer must comply with the law.

Change of job with one frequency or another occurs in the lives of many people. At the same time, dismissal from the previous place implies a full calculation, which includes compensation for unused vacation, drawn up by a special order. Alternatively, the employee can take off the remaining days, followed by dismissal. The labor legislation of Russia strictly regulates the rules by which such compensation is calculated.

Is it possible to receive compensation for unused vacation

Every employee who has worked in the organization for more than six months has the right to leave. As follows from Article 127 Labor Code, upon dismissal, each employee is entitled to compensation for unused vacation. Since this is a legal requirement, there should be no obstacles to the exercise of this right. If an employee is entitled to several vacations, then the reimbursement for the main and additional periods must be summed up. The same is done if the annual leave is transferred to the next year to extend the rest.

What is Unused Vacation Compensation?

From a financial point of view, leave compensation upon dismissal is the monetary equivalent of vacation pay that an employee could receive in an organization while resting as expected. The amount of the payment will be determined by the number of days of rest and the average daily salary, and there are special formulas for calculating. Although a person has the right to rest only after six months of experience in one place, he can receive compensation after half a month of work. Upon dismissal, instead of financial compensation, the employee, at his request, may be provided with the required leave.

When is it paid

Dismissal is not the only reason when an employee will be paid for unused rest days. The Labor Code considers two situations when an employee should be paid monetary compensation for vacation:

• upon his dismissal, which means termination of the employment contract;
• in the case when it comes to additional leave and the employment relationship continues, at the initiative of the employee, he can receive monetary compensation.

Compensation for additional leave is not paid in all cases. According to Article 126 of the Labor Code of the Russian Federation, such a replacement is not provided for:

• pregnant women;
• workers under 18;
• employed in harmful (or dangerous) working conditions.

This approach of legislators can be considered fair, because in this case an additional vacation period of more than 28 days is provided to ease working conditions, and not to improve financial situation through compensation payments. That is why, it is necessary to use this time as a respite from work, to improve the state of health, and the Labor Code of the Russian Federation strictly insists on this.

Compensation amount

For those who do not know how to calculate compensation for unused vacation, this may seem like a complicated process, accessible only to specialists. But this can be easily calculated on your own using an online calculator by entering all the necessary indicators there, or by resorting to the formula KO \u003d KDO x SDZ \u003d KDO x (ZP / (OM x 29.3)), where:

• KO - compensation for non-vacation leave.
• KDO - the number of days of rest. It is calculated based on the calculation of 28 days per year worked (or 2.33 days per month - Rostrud says this in Letter No. 5921-TZ dated October 31, 2008).
• SDZ - average daily salary.
• ZP - wages accrued for the billing period, taking into account all allowances, additional payments and bonuses.
• OM - the number of months worked (the rule is applied that if the fractional part is less than half, the number will be rounded down, otherwise - up). An important nuance - according to paragraph 5 of the Decree of the Government of the Russian Federation No. 922 of December 24, 2007, sickness and business trips are excluded from the calculation.
• 29.3 - the average monthly number of calendar days.

How to calculate

Knowing the calculation scheme, you will always have the opportunity to calculate the replenishment - you just need to substitute specific values ​​\u200b\u200bin the formula. For example, a person with a salary of 50,000 rubles worked in an organization from 09/01/2016 to 07/01/2017 and is going to quit (he has worked 10 months in total, for which he earned 600,000 rubles). Using the formula, it is easy to find the result: KO \u003d (2.33 x 10 months) x (500,000 rubles / (10 months x 29.3) \u003d 39,761.09 rubles.

How to get a

A departing employee should not worry about how to receive compensation for unused vacation - it is accrued along with final settlement for issuance on the last business day. Depending on the rules of the organization, this can be a transfer to a bank account or issuance at the cash desk. At the same time, do not forget that indemnification for unused vacations, contributions to compulsory pension (insurance and medical) insurance are accrued in the usual manner.

Cash compensation for unused vacation without dismissal

The Labor Code states that the employer can independently establish additional holidays - the procedure for granting such holidays should be determined by the collective agreement. But for some categories of employees, an additional period is legally enshrined in Article 116 of the Labor Code of the Russian Federation. This includes workers:

• workers in harmful or dangerous conditions;
• having irregular working hours;
• with a special nature of work (for example, mobile or traveling);
• employed in the Far North.

Statement

In order to receive the compensation required by law for an unclaimed vacation period (both upon dismissal and when continuing work), the employee must apply to the employer with a statement. There is no legally established form, but the document must contain:

• The heading, which indicates that this is an application for reimbursement for unused vacation.
• Position of the head, his surname and initials.
• The basis for payment is Article 126 of the Labor Code of the Russian Federation.
• Duration holiday period in days - you can calculate it yourself, or contact an accountant.
• Applicant's position, date and signature.

Sample order to replace vacation with monetary compensation

As in the case of an application for payment for unused vacation, there is no established order form, but without fail there must be present:

• position, surname and initials of the employee who is entitled to compensation,
• link to the relevant article of the Labor Code of Russia;
• the number of calendar days to be reimbursed, and the period for which they are taken;
• the basis is a reference to the employee's statement.

Features of calculating compensation in some situations

Non-standard calculation situations can confuse an accountant, but there is nothing complicated here - all these cases are dealt with in detail in the legislation. The following examples are the most common:

• For part-time employees, the amount of compensation and the accrual procedure will be the same as for the main employees of the organization (the law does not distinguish between them). But those who have concluded a civil law contract are not entitled to compensation.

• A woman on maternity leave who leaves while on parental leave should be compensated if she has unused days. In this case, the average monthly salary is calculated based on the last 12 months worked.
• Upon liquidation of an enterprise, all employees are subject to dismissal (even those on maternity leave), the calculation of compensation for unprovided leave does not differ from the standard option.

Non-payment or underpayment of compensation

The legislation provides for administrative liability of managers and responsible employees if compensation for unclaimed leave by an employee is provided untimely or in an incomplete amount. In accordance with the Code of Administrative Offenses (part 6, article 5.27), the fine is:

• to the general director - from 30,000 to 50,000 rubles;
• chief accountant - from 10,000 to 20,000 rubles;
• individual entrepreneurs- from 1,000 to 5,000 rubles.

The employee must apply to the labor inspectorate with a statement, which should reflect the current situation. Be sure to write for what period the main (or additional) vacation is due, as well as your income during this time. After checking for compliance with the foregoing, the labor inspectorate will oblige the head to provide you with the amount due, and additionally - compensation for delayed payments (Article 236 of the Labor Code of the Russian Federation).

Video

Question about compensation for unused vacation upon dismissal It happens all the time: as often as people quit. Earlier, we already considered the issue of, in this article we deal in detail with issues related to vacation compensation, but already upon dismissal.
Recall that annual paid leave can be replaced by monetary compensation only if its duration exceeds 28 calendar days. It is not allowed to replace paid leave with money for employees employed in hazardous and hazardous industries, pregnant women and minors.
However, these rules cease to work in the event of the dismissal of an employee, which is clearly stated in Article 126 of the Labor Code of the Russian Federation, i.e. all employees, regardless of the reason for dismissal, should receive compensation for unused vacation. Moreover, if an employee is fired under the article, it still means that the employee must receive compensation for unused vacation.

Moreover, the Labor Code of the Russian Federation and other regulatory documents speak in more detail about the features leave compensation upon dismissal of employees:
1. Compensation pays for all holidays that were not used.
2. Unused vacations at the request of the employee are granted with subsequent dismissal. The last day of dismissal will be considered the last day of vacation. Therefore, if there are a lot of vacation days, then the date of dismissal will be shifted. This must be taken into account by workers who are expected in a new place. That is, you can write an application for a vacation with subsequent dismissal, and then the last working day will be the last day of vacation, or you can choose compensation, while the last working day will be the day of dismissal. The amount of payment (compensation) will be exactly the same.
It is important to know that an employee can withdraw his application for resignation (when granting leave with dismissal) before the start of the vacation, but only if another employee was not invited to take his place in the transfer order.
3. If the employee is issued, then leave with subsequent dismissal can be granted even if the end of the leave goes beyond the term of the employment contract.
4. If the employee leaves after 11 months of continuous work (no vacations were granted), then compensation is provided in full (in full). Usually it is 28 calendar days. Also, the employee can count on compensation in full if the employees have worked from 5.5 to 11 months in cases of liquidation of the enterprise, entry into military service, unfitness for work. In other cases, employees receive compensation proportional to the hours worked according to the following rule: if the hours worked are less than half a month, then this time is discarded; if the hours worked are more than half a month, then this time is rounded up to a month.
5. Compensation for unused vacation must be paid on the day of dismissal, and if the employee goes on vacation with subsequent dismissal, then the calculation is carried out on the last working day, i.e. the employee goes on vacation already with full calculation and labor on hand. For delayed wages, an employee can count on compensation in the amount of 1/300 of the refinancing rate.
6. If an employee was on vacation for more days than vacation pay is due, then vacation pay for unworked days is deducted from the employee's salary.

Calculation of compensation for unused vacation:
To calculate compensation, you must use the formula: the average monthly salary is divided by 29.4 (this is the average number of days in a month, the number 29.3 is indicated in old sources - it is incorrect!) Multiplied by the prescribed number of vacation days (usually 28 days per year ), and then multiplied by the number of months worked (according to the rule above) and divided by 12.
For example, when average salary 20 thousand rubles and the number of months worked equal to 8, the calculation will be carried out as follows:
20,000 / 29.4 x 28 x 8 / 12 = 12698.41 rubles

For ease of calculation for 28 calendar days of vacation, the calculation is carried out according to a simplified formula:
multiply earnings by the number of months without vacation and multiply by the number 0.079365 (coefficient for calculating vacation pay). For example, for the same 8 months and with earnings of 20,000 per month, it will turn out: 20,000 rubles. x 8 months x 0.079365 = 12698.4 rubles.

What is taken into account when calculating compensation for unused leave upon dismissal:
1. employee's salary;
2. additional payments for work at night, under harmful and dangerous conditions, etc.;
3. allowances for class, academic degree.

What is excluded when calculating compensation for unused vacation upon dismissal:
1. breaks for feeding the baby;
2. breaks for temporary disability and childbirth or for pregnancy and childbirth;
3. weekends for the care of the disabled;
4. the employee did not work due to the fault of the employer or due to a strike;
5. in other cases, when the employee was released from work for good reasons;
6. payments of a social nature, such as food, travel, etc.

Conclusions:
- on the compensation for unused vacation all employees can count, regardless of the reason for dismissal;
- for every 11 months of work, 28 calendar days of vacation are due, for the rest of the period vacation days are calculated in proportion to the months worked;
- settlement with the employee must be carried out on the last day of being at the workplace (day of dismissal);
- if the employee rested on vacation, then in the final calculation, excess vacation pay is withheld from the salary.

If your employee decided to say goodbye to your organization or your organization to him, then on the date of dismissal he will probably have days of unused vacation. In this regard, an employee, at his request, may be granted leave with subsequent dismissal (except in the case of his dismissal for guilty actions). And then the day of dismissal will be the last day of the employee's vacation. Or, instead of a vacation, an employee can be paid compensation for vacation under the Labor Code of the Russian Federation (Article 127 of the Labor Code of the Russian Federation,).

Vacation compensation is accrued to the employee for all unused vacations. That is, compensation for unused additional leave upon dismissal, the employee will have to receive on a par with compensation for unused main leave (Article 127 of the Labor Code of the Russian Federation). At the same time, the basis for terminating the employment contract does not matter (Letter of Rostrud dated 07/02/2009 N 1917-6-1).

How to calculate compensation for unused vacation

The first thing to do when calculating compensation for unused vacation is to determine the employee's vacation period.

For each fully worked year, the employee is entitled to compensation for a full annual paid leave - according to general rule 28 calendar days (Article 115 of the Labor Code of the Russian Federation). For a year not fully worked out, the number of unused vacation days for which compensation must be paid is determined in proportion to the hours worked.

So how do you calculate the days to compensate for unused vacation? If the employee worked without leave at his last place of work for less than 11 months, and he was entitled to leave in calendar days, then the number of unused vacation days is determined as follows:

At the same time, the indicator “Number of months of work with this employer” is calculated taking into account the following rule (clause 35 of the Rules, approved by the USSR NCT on April 30, 1930 N 169):

• if half a month or more is worked out, this month is taken into account in the calculation as a whole;
• if less than half a month is worked, then this month is not taken into account.

Thus, compensation for unused leave upon dismissal in 2019 is not paid if the employee worked at the last place of work for less than half a month, or if all holidays were taken from him on the date of dismissal.

Of course, the result of calculations using this formula may not be an integer. Then the value can be rounded off, but not according to the rules of mathematics, but always up, i.e. in favor of the employee (Letter of the Ministry of Health and Social Development of the Russian Federation dated 07.12.2005 N 4334-17).

When the number of unused vacation days is set, you can proceed to the calculation of the compensation itself for non-vacation leave upon dismissal.

In turn, the average daily earnings of an employee is determined in the same way as when calculating vacation pay (clause 4 of the Regulation, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).

Typically, leave compensation upon dismissal is calculated according to the formulas given above. But for a number of cases, their own rules for determining compensation for non-vacation leave are provided.

How to calculate vacation pay in working days

Some employees, in accordance with the requirements of the Labor Code of the Russian Federation, are granted leave in working days. These are workers with whom employment contracts for up to 2 months (Article 291 of the Labor Code of the Russian Federation), as well as seasonal workers (Article 295 of the Labor Code of the Russian Federation). How is severance pay calculated for them? The compensation itself is the same as when calculating compensation for calendar days. That is, as the product of the number of unused vacation days by the average daily earnings. But the number of days of unused vacation is determined by a different formula:

Special rules for calculating leave compensation upon dismissal

Rule 1 If an employee has worked in an organization from 11 to 12 months, then he should receive compensation for a full working year, i.e. for the entire annual paid leave (clause 28 of the Rules, approved by the NCT of the USSR on 04/30/1930 N 169, Letter from Rostrud dated 18.12 .2012 N 1519-6-1). An exception is the case when the employee's vacation period turned out to be 11 months as a result of rounding.

Rule 2 An employee who has worked in the organization from 5.5 to 11 months is paid compensation for the entire annual leave, if he was dismissed (clause 28 of the Rules, approved by the NCT of the USSR on 04/30/1930 N 169, Letter of Rostrud dated 08/09/2011 N 2368-6-1):

• in connection with the liquidation of the employing organization;
• for downsizing;
• due to some other circumstances (for example, due to conscription for military service).

This rule applies only if the employee has worked for the employer for less than a year. Otherwise, when calculating vacation compensation, the formulas specified in the previous sections are used (Rostrud Letters dated 03/04/2013 N 164-6-1, dated 08/09/2011 N 2368-6-1).

So, taking into account the above requirements, the amount of vacation compensation upon dismissal in 2019 is determined, despite the fact that the "Rules on Regular and Additional Leaves", to which we have already referred more than once, were approved back in 1930 (although, of course, since then they have gone through several editions).

Below is a calculation of compensation for unused vacation upon dismissal (example).

Compensation for unused vacation in 2019: calculation

Engineer Krasilshchikov A.N. leaves Kaleidoscope LLC on May 31, 2019. He has been working in this organization since February 12, 2018. In 2018, he was granted an annual paid leave of 14 calendar days. In accordance with the Regulations on the payment of vacations of Kaleidoscope LLC, the number of days of unused vacation when calculating is rounded up to the nearest integer.

The average daily wage of an employee is 1622 rubles.

For the period starting from February 12, 2018 Krasilshchikov A.N. worked in the organization for 1 year (02/12/2018 - 02/11/2019), 3 months (02/12/2019 - 05/11/2019) and 20 days (05/12/2019 - 05/31/2019). Since his last working month has been worked out by more than half, he is taken into account for the whole month. That is, the period of work of an engineer at Kaleidoscope LLC for the purposes of calculating compensation is 1 year and 4 months.

The number of vacation days unused by him will be: 23.3 days. (28 days + 28 days / 12 months x 4 months - 14 days). Subject to rounding: 24 days.

Compensation for unpaid leave upon dismissal in 2019 is equal to: 38,928 rubles. (24 days x 1622 rubles)

Compensation for unused vacation: when paid

The employer must pay the employee in full on the day of his dismissal, that is, on the last day of his work (Article 140 of the Labor Code of the Russian Federation). During this period, the employee must be paid the salary and bonuses due to him, compensation for unused vacation, as well as other compensations provided for by law, labor or collective agreement, local normative act.

Cash compensation for unused vacation without dismissal

In the current difficult economic situation, many are interested in how to receive compensation for unused vacation if the employee is not going to quit. But before answering the question - how, you need to understand - is it possible to receive compensation for unused vacation without dismissal.

Replacing a vacation with monetary compensation is allowed in the case when an employee is entitled to a vacation lasting more than 28 calendar days, and he himself expressed a desire to receive compensation instead of a vacation provided in excess of these 28 days (Article 126 of the Labor Code of the Russian Federation). To do this, he must write a statement. However, the last word still remains with the employer: it is he who decides whether to send the employee on vacation or pay him monetary compensation for unused vacation. There are also courts that support this position (Determination of the Supreme Court of the Komi Republic of 08/15/2011 N 33-4410 / 2011).

In view of the foregoing, the entitlement to the employee can be replaced by compensation (Article 126 of the Labor Code of the Russian Federation). Since it is provided in excess of the main vacation of 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

If you, as an employer, decide to satisfy the employee's request, you must issue an order to replace part of the vacation with compensation. There is no approved form for such an order, so it is drawn up in an arbitrary form.

Order to replace vacation with monetary compensation (sample)

Limited Liability Company "Kaleidoscope"

ORDER

06/04/2019 N 10-hp

Moscow city

About replacing part of the vacation with monetary compensation

In accordance with Art. 126 Labor Code of the Russian Federation

I ORDER:

Leading engineer Kurguzov G.N. replace with monetary compensation a part of the annual paid leave provided for the period from 03/23/2018 to 03/22/2019, exceeding 28 calendar days, in the amount of three calendar days.

Reason: statement by Kurguzov G.N. dated 31.05.2019 N 2.

CEO(signature) Zlobin I.V.

Acquainted with the order:

leading engineer 06/04/2019 (signature) Kurguzov G.N.

Compensation instead of vacation in personnel documents

If you decide to pay the employee, at his request, compensation for part of his unused vacation, then this fact must be reflected in the employee's personal card. In the form N T-2 (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1), section VIII "Vacation" indicates:

• in column 4 "Number of calendar days of vacation" - the number of days replaced by compensation;
• in columns 5-6 "Start date" and "End date" - a comment that vacation days have been replaced by compensation;
• in column 7 "Basis" - an order (with details) to replace vacation with compensation.

In the vacation schedule in form N T-7 (