All employees working under an employment contract are entitled to annual paid leave of at least 28 calendar days. Employees working in stressful and hazardous working conditions are paid longer annual leave. Vacation payments are based on the average earnings in the 12 months preceding the vacation.
Instructions
Step 1
Paid leave can be granted after 6 months and the entire amount for the vacation that is due for the current year is paid. If an employee leaves earlier than the due date before the vacation, then the overpaid amount is deducted from the calculation upon dismissal.
Step 2
According to labor law, the employer is obliged to pay vacation pay three working days before the start of the vacation. If this is not done, then the employee has the right to postpone the vacation at any time convenient for him or write an application to the labor inspectorate or to the court about the delay in payments and accrue compensation for the delay in the amount of 1/300 of the refinancing of the Central Bank of the Russian Federation.
Step 3
The average salary for paying vacation pay is taken for 12 months, unless otherwise specified in the collective agreement of the enterprise. Other time for calculation can be taken only if it does not infringe upon the rights of employees and vacation payments will be no less than the average earnings for 24 months.
Step 4
To calculate vacation pay, add up all the amounts earned on which income tax was charged and divide by the number of working days per year, based on a 6-day working week, even if the employee has a 5-day week according to the schedule. The resulting figure must be multiplied by the number of vacation days, subtract income tax and issue the remaining amount as vacation pay.
Step 5
If an employee had sick leaves during the year, then the amount paid for them is not taken into account in the total amount for the calculation. It is necessary to divide the total amount by the number of working days in a 6-day week, regardless of how much time is spent on sick leave.
Step 6
If an employee has worked for 6 months and wants to take another vacation, then the calculation should be made based on the amount actually earned from which income tax was withheld, divided by the actually worked days in the billing period, based on a 6-day working week. As mentioned above, you can pay for vacation for the whole year or only half of the vacation days, on the basis that one part of the next vacation cannot be less than 14 calendar days.
