Who is entitled to compensation for vacation?
The employer pays compensation to everyone who has worked for at least half a month, including part-time workers and those who have entered into a fixed-term employment contract.
Let's say Marina got a job on July 23, 2021, but two weeks later she realized that she was not ready to continue. The employment contract established a probationary period. According to all the rules, Marina wrote a statement within three days and left the company on August 9. 17 days have passed since her employment, so Marina will receive compensation for 2.33 days of unused vacation. We will explain below why exactly 2.33 days.
If Marina had come to her senses a week earlier and worked only 10 days, she would not have received compensation.
The half-month rule is spelled out in a very old, but still valid document - paragraph 35 of the “Rules on regular and additional vacations dated April 30, 1930 No. 169.”
It may seem illogical that the right to the first vacation arises only after six months of work, and compensation is due after half a month, but this is true. You need to accept, put up with and pay.
How to calculate
Article 127 of the Labor Code of the Russian Federation states: an employee is entitled to payment of compensation for vacation on the last working day. Every working person has 28 calendar days a year for rest (Article 114 of the Labor Code of the Russian Federation). In the cases specified in the law, citizens are entitled to additional paid days or bonus time for rest, as provided by the employer himself in the collective agreement and local regulations. The part over 28 days is allowed to be replaced by a financial payment at the request of the employee. Let us immediately note that the working year is not equal to the calendar year; the countdown begins each time from the date of employment.
If the employee did not rest during the year worked, then vacation pay upon dismissal is calculated 28 days in advance. If some of the allotted days are used, the remaining days are compensated. Money is not paid if the entire allotted period is used.
Calculation of vacation compensation when dismissing employees or how to calculate compensation
Calculating vacation pay upon dismissal is not complicated, but it is tedious due to several variables, so the easiest way to calculate it is with a calculator.
If you do the math yourself, multiply your average daily earnings (ADE) by the number of days of unused vacation. This will be the formula for calculating the amount of compensation.
Compensation = SDZ × Number of days of unused vacation
An example of calculating compensation for unused vacation
Let's assume Roma gets a job in January 2021. He decided to resign on September 2, 2021. In 2021, Roma took a vacation from September 3 to September 17, 2021.
The billing period is from September 1, 2021 to August 31, 2021. We subtract 2 weeks of vacation from it, so the billing period is not fully worked out.
In the pay period he has 11 full months worked.
September 2021 has not been fully worked out, so the calculation is: 29.3 / 30 × (30 − 14) = 15.63 days.
During the billing period, Roma earned 750,000 rubles.
SDZ = 750,000 / (29.3 ×11 + 15.63) = 2,219.39 rubles.
Roma's vacation experience is 18 months.
Total number of vacation days = 18 months × 2.33 days = 41.94 days. According to the rounding rules, we get an integer - 42 days.
Roma has already gone on vacation for 14 calendar days. This means the number of unused days = 42 - 14 = 28.
Compensation = 2,219.39 RUR × 28 days = 62,142.92 RUR.
Features of compensation calculation
The Labor Code provides for some features when calculating compensation for:
1. Seasonal workers and employees with a fixed-term contract of up to two months. For them, vacation is calculated not in calendar days, but in working days, so the formula for calculating the number of unused days changes:
2. Employees who were fired due to staff reduction, company liquidation or military conscription. If such employees have worked more than 5.5 months during their working year, they are entitled to compensation for all 28 calendar days of vacation. The rule only applies to employees who have worked for less than a year.
Responsibility
The labor inspectorate may find out about violations during an inspection. Or when the employee himself applies to the inspectorate or court.
For non-payment of compensation, the labor inspectorate may fine:
- organization in the amount of 30,000 to 50,000 rubles;
- official (for example, the head of an organization) - from 1000 to 5000 rubles;
- entrepreneur - from 1000 to 5000 rubles.
Penalty for repeated violation:
- for organizations - from 50,000 to 70,000 rubles;
- officials and entrepreneurs - from 10,000 to 20,000 rubles;
For repeated violations, directors may be disqualified for up to three years.
