How does compensation for vacation leave?

Very often, between accountants and employees of personnel departments, there are disputes about whether compensation of leave is required upon dismissal or these days are lost. The Labor Code of our country on this account reads in its Article No. 127 that the money must be given to the employee for all days of all vacations that he has not used.

If the employee wishes to resign himself, he can apply for all the prescribed calendar days of rest, followed by dismissal. Then in the workbook will indicate the last day of vacation. This can not be done if the employee himself is to blame for the violation of the labor code.

Compensation of unused leave upon dismissal must take into account both basic and additional leave. Article 35 states that surpluses of less than half a month are excluded from the calculations, surpluses over 15 days are rounded to the full month.

Calculation of leave upon dismissal begins with the determination of the average value or coefficient. Depending on the position held and the type of production, each employee is entitled to a certain number of calendar days of rest. This number is divided into 12 months and a number is obtained that indicates the number of vacation days in each month.

Further compensation of leave on dismissal, which was not used, is calculated by multiplying this figure by the number of worked months. It turns out the number of days for which you need to refund money. This figure can not be rounded, because the law does not say this.

Articles numbered 28 and 29 indicate that when working out for at least 11 months, the calculation of leave upon dismissal is full compensation. It is paid in the form of average earnings. In seasonal workers, leave is paid in the amount of two days for one month of labor. Therefore, this type of compensation must be paid to them after each season.

If a person is fired for absenteeism, he becomes completely disenfranchised, and very often compensation is not paid to him, which is wrong and is a violation of the law, in which this case is not special. Days of absenteeism should not enter into the total length of service in calculating the vacation days, but no more than that. He can go to court and get not only everything that is due, but also compensation for it.

Payment must be made no later than three days before the holiday, according to Article No. 136, so there should not be any delays in compensation for unused vacation, since here the delay is present initially.

If there is a violation, interest is paid at a rate not lower than 1/300 of the Central Bank's refinancing rate from the amount of debt, and for each day of delay. The time of forced absenteeism is included in the length of service and is taken into account. For the calculations that compensate for vacation on dismissal, the compensation period is important, which is taken equal to the last twelve months, but only full. If the employee leaves on the penultimate day of the month, this month is thrown out of the calculations, and if on the last day, then this month is taken into account.

In some cases, there may be more than one calculation of compensation, but two at a time, then the best option for the employee should be selected. This is possible, for example, when a minor is employed for temporary work. He is entitled to leave on day 31 as a minor. In addition, he is entitled to 2 days for each month. Choose the best option for him. People who work part-time also have this type of compensation. Compensation of leave upon dismissal is subject to deductions of insurance premiums. If the employee has worked 11 months and has managed to spend his vacation in advance, then he can be withheld from him for one unprocessed month, which is equal to 2.33 days of vacation on average earnings.