How many days before the holiday are paid vacation? Terms of payment of leave on the Labor Code

Every employee receives vacation pay. This right is established by law. However, there are many nuances about which most workers simply do not think. For example, how many days before the holiday are paid holiday? How is the amount of vacation paid? All these and other questions will be answered in the article.

The concept of vacation in the Labor Code of the Russian Federation

Absolutely, any officially working person has the right to a temporary exemption from work. It is necessary, of course, to give the employee the opportunity to rest. This whole procedure is called a vacation. Vacation is fixed legislatively, it relies on both civilians and military persons. However, further we will only talk about the civilian environment.

Just like with any other elements of work, vacation has a number of features and conditions. In particular, there are several main types of exemption from work. Leave is:

• Annual paid (the accrual and payment of vacation pay);
• Maternity (with pregnancy or child care);
• Student (when passing exams, defending scientific works, retraining, etc.);
• Associated with temporary incapacity for work (sick leave).

The most common is the annual leave. According to the law, every citizen has the right to receive payment for this type of exemption from work.

The procedure for granting leave

In order to understand how vacation payments are paid, it is necessary to pay attention to a certain procedure for granting exemption from work.

As you know, vacation can not be granted to persons who have not worked a certain amount of time in a particular enterprise since the time they have received a job (as a rule, such a period is one year). However, not every citizen is aware of the possibility of obtaining several days of rest after six months of work. At the same time over these days, according to the LC RF, the accrual and payment of vacation pay must be realized.

Annual paid leave should be entered in a special vacation schedule, and also agreed with the employee himself. It is also worth noting that a working person has the right to carry off leave (however, this possibility does not exist more than two years in a row). Vacation can also be divided; While each part of it should not be less than 14 days.

The concept of vacation in the Labor Code of the Russian Federation

Legislation regulates the duration of leave in 28 days. Only an employee who has worked for 11 months is able to get a vacation. Establishes the law and the procedure for payment of money, charged for rest. Thus, the articles of the Labor Code establish the dependence of vacation payments on the billing period, average earnings and direct income of an employee for a certain billing period.

The settlement period means all those 11 months that the employee worked before receiving leave. In this case, the billing period can be six months, if the employee wanted to take vacation days early.

The amount of vacation payments is calculated according to certain rules set by the accounting department. At the same time, it is very important not to depart from the norms of the legislation and in particular the Labor Code of the Russian Federation.

Calculation of vacation

As a rule, the amount of vacation payments is significantly different from the amount of wages. The thing is that many employers are simply not profitable to pay vacation pay and wages in the same amount. So, cash payments for the rest are laid on the basis of a certain average indicator. It is calculated according to the average daily earnings.

All calculations are carried out in accordance with the period for which vacation payments are calculated. What is this period? Typically, this is the time interval from the very first day of work until the day of the first legal leave. In this case, it is worth paying attention to the average daily earnings. Calculate it is very simple. The entire amount that the employee received for the billing period is divided by the number of days worked. The average daily income is received. And how are vacation payments paid? 28 days of rest (or 14, if the rest is divided) multiplied by the average daily income. So the necessary amount is formed.

Further it is necessary to consider questions about non-payment of money on time, as well as about how many days before the holiday are paid vacation.

When are payments made?

How many days before the holiday are paid vacation? Any accountant, the head of the enterprise or the head of the department should remember that the RF Labor Code establishes the exact payment term: vacation pay is paid 3 days before the start of the holiday. Here, however, there are several basic nuances that should be considered in more detail.

The date of the calculation of payments may fall on a day off. If the accounting at the weekend does not work, then the money should be listed on the last working day (for example, March 5 - the day of receipt of vacation, falls on Sunday - in this case, the money must come on March 3, Friday). The same applies to holidays. In particular, the May, January or any other "long" holidays should not prevent the timely payment of sums of money.

It is also worth noting that the amount of vacation payments is subject to withholding personal income tax, as well as to the Pension Fund. The employer should not in any case provide money "in envelopes" - everything must be legal and transparent.

Untimely payment of vacation

How many days are paid vacation? Above it was already designated a clear term - three days before the start of the holiday. And can this time be violated?

Every employer should clearly know his duties. The most important function of any manager is the timely payment of a monetary sum to his employees. The RF Labor Code, the Code of Administrative Offenses of the Russian Federation and some other laws and by-laws determine a certain responsibility for non-payment of salaries, or their payment, but not on time.

Leave and pay vacation - a serious matter. Any manager should ensure that this or that worker does not have problems with getting rest and appropriate cash payments. To date, there is a clear rule: every overdue day is paid in accordance with the rate of the CBR - 1 to 300. The delay in the payment of vacation also applies here; It is not at all important what causes of the delay can be at the enterprise.

Responsibility for violation of payments

Every employer should clearly understand the possible consequences of delaying cash payments to workers. What does the paid holiday leave entail? How many days before the holiday does the Labor Code provide for the transfer of money? The legislation will answer all these questions. So, for a single violation of the payment deadline, the organization will have to pay a fine of 30,000 to 50,000 rubles, and the entrepreneur from 1,000 to 5,000 rubles. The amount of fines will be significantly higher with repeated violations. Legal entities will pay from 50 thousand to 70 thousand rubles, and entrepreneurs - from 10 thousand to 20 thousand rubles.

Among the experts there are many disputes about the amount of fines. Most argue that the amounts presented are not high enough. The employer should be unprofitable to delay wages to workers; Similar penalties do not give such an opportunity.

What should I do if I do not pay on time?

All necessary notes on late payments in the law are, the employer knows about them. Knows the head and about how many days before the holidays are paid vacation. And yet, cash payments never come. Do not intimidate the boss either by possible consequences, or by the Labor Code. The situation is painfully familiar for many Russian citizens. What to do in such moments? Some workers can not stand it and just leave. However, such cases, as a rule, are connected with the delay of wages. In a completely different way things are with vacation payments.

If the manager does not pay the prescribed sums for rest, the employee can take note of two options for action. The first option is related to moving the rest to another time. Sometimes leaders themselves "press" on employees, wishing to achieve a change in the schedule of holidays. The second option is somewhat more radical. He is in the filing of a complaint against the employer in the Prosecutor's Office or in the Labor Inspectorate. This method is effective, but, alas, not the most optimal one. Any such complaint significantly worsens the reputation and prestige of the employer. That is why further career growth for the employee who submitted the application is likely to be closed.

Payments upon termination

As already mentioned above, there are several basic types of payments for legal exemption from work. Among them - the dismissal payment of vacation. For how many days before the holiday (the Labor Code of the Russian Federation provides for dismissal as vacation) is this payment made?

It is important to note that the employee retains the right to rest, even if he leaves. So, if a working person leaves a certain enterprise, the law provides for the payment of a certain monetary compensation to him. In this case, it can be either a couple of days or a whole month. In 2017 vacation pay for leave is issued by the same rules as if they were issued before the holiday. The exception here is only the absence of retention of insurance against diseases and accidents.