According to labor law, additional days of rest may be provided to an employee for overwork and work on weekends or holidays. Also, additional days off are allowed for parents, guardians or legal representatives of disabled children. Payment is made based on the average daily earnings for 12 months (Article 139 of the Labor Code of the Russian Federation), unless otherwise specified in the internal acts of the enterprise.
Necessary
- - statement;
- - a certificate from the guardianship and guardianship authorities;
- - calculator;
- - program "1C".
Instructions
Step 1
If an employee worked in excess of the monthly norm or was involved in work on weekends or holidays at the initiative of the employer, then you can pay him all overworked hours in double the amount. If you have expressed a written desire to receive additional days of rest, pay for processing in a single amount. Do not pay for additional days of rest. You can also pay the current salary for the billing month and provide paid rest days according to the processed hours.
Step 2
Calculate when paying based on the average daily earnings for 12 months. Add up all the amounts earned for the 12 months from which the tax was withheld, divide by 12 and by 29, 6. The resulting figure will be equal to the average daily salary for calculating additional rest days.
Step 3
If your company makes payment based on a different settlement period in accordance with internal regulations, then the average daily earnings received cannot be less than when calculating for 12 months. Otherwise, the labor inspectorate will consider this situation an infringement of the employee's rights and will impose an administrative fine on your company.
Step 4
Additional days off should be provided to parents, guardians or legal representatives of children with disabilities. Within a month, these persons can receive 4 additional paid days off (Article 262 of the Labor Code of the Russian Federation) by submitting a certificate from the guardianship and guardianship authorities and a certificate from the place of work of the second parent, guardian or trustee that these days of rest are not used. If these persons live in a rural area, then you are required to provide a fifth additional day of rest without maintenance.
Step 5
Pay for all 4 days of additional rest, based on the average daily earnings for 12 months or in accordance with internal legal acts, if they do not infringe on the legal rights of employees.
