There are different situations in life when, for one reason or another, an employee has to leave his place of work. The condition of payment of compensation for unused vacation is mandatory, but sometimes the amount of payment becomes controversial. How to calculate this payout correctly?
The rights and obligations of the employee and the employer are enshrined in the Labor Code of the Russian Federation. Article 127 of the Labor Code clarifies the issue of calculating and paying compensation to an employee for unused vacation on the day of dismissal.
If the employee has no objections to the amount of compensation accrued to him, then it is paid. But if disputable situations arise, then it is worth referring to Articles 382-397 of the Labor Code of the Russian Federation. Claims for the amount of compensation can be submitted within 90 days.
If an employee has worked for 11 months without time off and he wants to quit, then the amount paid is calculated as the average earnings that the employee would have received as normal vacation pay.
If the employee has worked for less than 11 months without vacation, then the amount of payment is calculated according to the following scheme:
First, you need to determine exactly how many months and days you have worked. For example, 8 months and 6 days. If you have worked for 8 months and 21 days, then the month is rounded and the compensation will be paid as for 9 months.
Secondly, the number of vacation days is determined in the employment contract. For example, 24 days. We divide 24 days by 12 months, we get that 2 days of vacation are relied on for each worked month.
Thirdly, you need to calculate the average daily salary based on the accruals for the last 3 months. For example, the average monthly salary is 26,500 rubles. Divide by 29.6 (this is the average number of days in a month), we get an average daily earnings of 895.27 rubles.
Now the amount of payment for unserved vacation will be:
or by example:
895, 27 * 2 * 9 = 16114, 86 rubles.
Payment of compensation for unused vacation occurs on the same day as the employee's dismissal. At the discretion of the employee, he can refuse monetary compensation and take a vacation, and the last day of the vacation will be the day of dismissal.
Also, the Labor Code has its own nuances. If an employee is dismissed for negative reasons, then there can be no question of paying compensation.
If the employee has not been on vacation for several years in a row, then he has the right to demand payment only for the last year of work.
Also, there are often cases when the employer gives the employee the opportunity to take his vacation in advance. Then, upon dismissal, the employer has the right to withhold the amount that is the difference between the vacation pay already received by the employee and the amount due for the months worked.
