The Labor Code of the Russian Federation requires employers to provide each employee with annual leave of at least 28 calendar days. At your own request or for production needs, you can be involved in work during the vacation period, only with the written consent of the employee and for no more than 14 days. Compensation is paid for these days. It is also paid upon dismissal, regardless of who initiated the termination of the employment contract.
Instructions
Step 1
Certain categories of employees cannot be recruited during the vacation period and cannot be compensated. These include those specialties that are associated with work in stressful conditions. For example, pilots, flight attendants, dispatchers, etc.
Step 2
Other employees can be recruited to work on vacation days for work needs or at their own request. Written consent must be received from them. Compensation can be paid up to 14 days in advance. The rest of the days the employee must be on vacation and compensation cannot be paid instead of vacation.
Step 3
The compensation is calculated from the average earnings for 12 months. You need to add up all the amounts earned from which income tax was withheld, divided by 365 and multiplied by the number of vacation days for which compensation is paid.
Step 4
Upon dismissal of an employee, compensation is paid for all due vacation days based on the amount earned for the 12 months that were the last before the dismissal.
Step 5
If more than 15 calendar days have been worked in a month, then compensation is paid for the entire month, less than 15 is not paid.
Step 6
If an employee has worked at the enterprise for less than 1 year, the calculation is made for the actually worked period. For the calculation, they take the actually earned taxable amount and divide it by the actually worked calendar days.
Step 7
If the employee has worked for less than one month, the leave compensation is not paid.
Step 8
To calculate the number of due days for payment of compensation, you need to divide 28 by 12. The resulting number will be compensation for one month worked more than 15 calendar days. It is multiplied by the number of months worked for which compensation is due and multiplied by the average daily wage for 12 months.
Step 9
Compensation should be paid in full if the employee has worked at the company for 11 months.
