In accordance with article 114 of the Labor Code of the Russian Federation, all employees are provided with annual paid leave of at least 28 calendar days. The procedure for payment, the timing of granting leave is also regulated by the Labor Code. During the vacation, the employee retains not only the average earnings, but also the place of work. If the work in the workplace is harmful, dangerous, stressful, additional vacation days are paid.
Instructions
Step 1
In accordance with article 136 of the Labor Code of the Russian Federation, vacation pay must be paid three days before the start of the vacation. If these days fall on weekends or holidays, payments should be made the day before. In cases of delay, the employee has the right to postpone the vacation at any time convenient for him or receive compensation from the employer in the amount of 1/300 of the refinancing of the Central Bank of the Russian Federation for each overdue day of payments.
Step 2
28 calendar days of vacation can be divided into two or three parts, but one of them must be 14 calendar days long.
Step 3
Vacation compensation can only be obtained for those days that exceed the prescribed 28 calendar days, although in practice everything happens quite differently. If an employee wishes to receive vacation pay and continue working, he must write an application and submit it to the employer for consideration.
Step 4
To calculate the average daily earnings for paying vacation pay, one should be guided by the Decree of the Government of the Russian Federation No. 922. Average earnings are calculated for 12 months. The total amount includes all funds received from which income tax has been withheld. The sums received for social benefits and one-time payments are not included in the total earnings. The total figure must be divided by 12 and 29, 4. The resulting number will be payment for one day of vacation.
Step 5
In accordance with Article 139 of the Labor Code of the Russian Federation, a different settlement period for vacation pay may be specified in internal legal acts or a collective agreement of an enterprise. This does not contradict the Labor Code if the calculation shows that the average daily amount of payment for one day of vacation is not less than it would be based on the calculation period of 12 months.
Step 6
Labor legislation allows the granting of regular paid leave to employees who have worked at the enterprise for 6 months. In this case, the calculation is made by adding up the entire amount actually earned, from which taxes were withheld. The resulting number must be divided by the number of full months worked and divided by 29, 4. The resulting figure will be the payment of one day of vacation.
