An employee's vacation is the statutory days of paid rest for everyone who works under an employment contract.
The Labor Code of the Russian Federation provides for cases when, instead of vacation, an employee can receive monetary compensation for unused days.
For each year worked (365 calendar days), the employee is entitled to a minimum of 28 calendar days of rest. This is called the employee's main leave. These 28 days cannot be replaced by a cash payment, the employee is obliged to rest for this period of time. That is, it is impossible to replace the established vacation with money, it can only be taken either completely or divided into parts by agreement with the employer.
If the employee, in accordance with the Labor Code of Russia and (or) the collective agreement with the employer, is entitled to additional annual vacation days, he can replace them with monetary compensation, but not always.
So, workers under 18 years old, pregnant women, as well as employees working in harmful and dangerous working conditions cannot count on monetary compensation for additional vacation days.
It is important to understand that replacing part of the vacation with a cash payment is a right, not an obligation of the employer. Therefore, the employee's application for monetary compensation instead of the unused part of the vacation may not be satisfied.
If, at the request of the employee, a positive decision is made, the employer issues an order for the payment of monetary compensation and makes changes to the vacation schedule.
The only case when monetary compensation for unused vacation is necessarily paid to all employees is dismissal. At the same time, the reasons for dismissal do not matter. But here again there is a nuance: the unused main vacation is fully reimbursed, but for the unused annual additional vacation, the payment is made in a maximum of 7 calendar days.
For unused vacation, the employee's average earnings are paid, namely, the average daily earnings multiplied by the number of days of unused vacation. The procedure for calculating the average daily earnings depends on the length of the working week, as well as the employee's work schedule.
Interestingly, the opposite situation also happens - this is when the amounts transferred by the employer to the employee for the vacation that have not yet been worked out (in advance) are withheld. If an employee has worked for six months, he has the right to take leave for the whole year. But if, before the end of this year, he decides to resign of his own free will, vacation pay is withheld from severance pay. And if the severance pay is not enough, the rest can be collected by the employer through the courts.
