Vacation of at least 28 calendar days is guaranteed to all employees on the basis of Article 114 of the Labor Code of the Russian Federation. The procedure for calculating and paying vacation pay is specified in article No. 136 of the Labor Code of the Russian Federation and in Government Decree No. 922.
Necessary
- - calculator;
- - vacation schedule.
Instructions
Step 1
You must be given a leave of absence annually, the duration of which cannot be less than 28 calendar days. Leave is granted in accordance with a schedule agreed with all employees two weeks before the start of the calendar year. Payment is due three days before the start of the vacation. If you have not received vacation pay on time, then you have the right to postpone the vacation at any time convenient for you, or receive compensation from the employer in the amount of 1/300 of the amount of vacation pay for each delayed day in payments.
Step 2
You can receive 28 calendar days in parts, but one part cannot be less than 14 calendar days. If you plan to split your vacation, notify your employer in writing before scheduling the vacation.
Step 3
For leave in excess of the 28 calendar days provided for by labor law, you have the right to receive compensation.
Step 4
You must pay for all vacation days based on the average earnings for one year, unless otherwise specified in the internal legal acts of the enterprise. If you are calculating vacation pay based on other terms, the initial amount should not be less than the average daily earnings for 12 months, otherwise this is considered an infringement of your rights. For such violations, the employer can receive an administrative fine if they are found during an on-site or office audit of the tax or labor inspectorate.
Step 5
To calculate vacation pay, add up all the amounts earned from which 13% withheld for 12 months, divide by 12. Divide the original number by 29, 4. You get the average daily earnings, which must be multiplied by the number of paid vacation days. Subtract 13% from the original amount. The result will be the sum of the vacation pay.
Step 6
In accordance with labor legislation, you can get the first vacation after working at the enterprise for 6 months. In this case, the calculation of vacation pay will be slightly different. To calculate, add up all the amounts earned from which the 13% tax was withheld, divide the original figure by the total number of months worked and by 29, 4. The employer has the right to pay you vacation for the whole year. If you do not complete the required number of months and quit, the entire overpayment will be deducted in the calculation that is due upon dismissal.
