How does compensation for vacation leave?

Very often between accountants and employeesdepartments of personnel, there are disputes about whether compensation is required for leave on dismissal or these days are lost. The Labor Code of our country on this account reads in its Article No. 127 that the money should be given to the employee for all days of all vacations that he has not used.

If an employee wishes to resign himself, he canapply with a request for all the prescribed calendar days of rest and all subsequent dismissal. Then in the workbook will indicate the last day of vacation. This can not be done if the employee is to blame for violating the labor code.

Compensation for unused vacation withThe dismissal must take into account both basic and additional leave. Article 35 states that surpluses of less than half a month are excluded from the calculations, surpluses over 15 days are rounded to the full month.

Calculation of leave upon dismissal begins withdetermine the mean or coefficient. Depending on the position held and the type of production, each employee is entitled to a certain number of calendar days of rest. This number is divided into 12 months and a number is obtained that indicates the number of vacation days in each month.

Further compensation of leave upon dismissal, whichwas not used, is calculated by multiplying this figure by the number of months worked. It turns out the number of days for which you need to refund money. This figure can not be rounded, since the law does not say anything about it.

Articles numbered 28 and 29 indicate thatWhen working out for at least 11 months, the calculation of leave upon dismissal is a full compensation. It is paid in the form of average earnings. For seasonal workers, leave is paid in the amount of two days for one month of labor. Therefore, this type of compensation must be paid to them after each season.

If a person is fired for absenteeism, he becomesabsolutely without rights, and very often compensation is not paid to him, which is wrong and is a violation of the law, in which this case is not special. Days of absenteeism should not enter into the general work experience at calculation of the vacation days, but no more than that. He can go to court and get not only everything that is due, but also compensation for it.

Payment must be made no later than threedays before the holidays, according to Article No. 136, therefore there should not be any delays in compensation for unused rest, since here the delay is present initially.

In case of violation, payment of interest onrate not lower than 1/300 of the CBR refinancing rate of the amount of debt, and for each day of delay. The time of forced absenteeism is included in the work record and is taken into account. For the calculations that compensate for vacation on dismissal, the compensation period is important, which is taken equal to the last twelve months, but only full. If the employee leaves on the penultimate day of the month, this month is thrown out of the calculations, and if the last day, then this month is taken into account.

In some cases, there may be more than onecalculation of compensation, and immediately two, then the best option for the employee should be selected. This is possible, for example, when a minor is employed for temporary work. He is entitled to leave on day 31 as a minor. In addition, he is entitled to 2 days for each month. Choose the best option for him. People who work part-time also have this type of compensation. Compensation of leave upon dismissal is subject to deductions of insurance premiums. If the employee has worked 11 months and managed to have a vacation in advance for this time, then he can be withheld from him for one unprocessed month, which is equal to 2.33 days of vacation on average earnings.