How To Calculate Compensation For Unused Vacation

How To Calculate Compensation For Unused Vacation
How To Calculate Compensation For Unused Vacation

Video: How To Calculate Compensation For Unused Vacation

Video: How To Calculate Compensation For Unused Vacation
Video: How to calculate Vacation Entitlement in Excel 2024, March
Anonim
How to calculate compensation for unused vacation
How to calculate compensation for unused vacation

The employer's obligation to provide the employee with an annual paid leave of 28 days is defined in article 122 of the Labor Code of the Russian Federation. It is forbidden not to provide an employee with a vacation for 2 consecutive years. But it is not uncommon for employees to accumulate unused vacation days over several years. In this case, compensation is provided to the employee upon dismissal or upon his application, for vacation days over 28 days. Location: Location: The most common payment of compensation is the dismissal of an employee. And it doesn't matter for what reason it happens: by one's own will, by agreement of the parties, etc.

In order to calculate compensation, you first need to determine the number of vacation days that the employee has not used. For this, his total length of service in the organization is determined (years, months, days), this includes the actual time of work, non-working holidays and weekends, the time of forced downtime due to the employer's fault, no more than 14 days of vacation per calendar year without pay. The length of service does not include the time of parental leave and the time of absence from the workplace without a valid reason.

Next, the number of days of vacation is calculated based on the experience. For each full year of service, the law requires 28 calendar days of vacation. To determine the number of vacation days for each month of work, 28 days are divided by 12 months, it turns out 2.33 days. This calculation is applied if the employee's work experience in the organization is, for example, 3 months. In this case, the number of days will be 2.33 * 3 = 6.99 (the value is rounded to the nearest whole number). those. 7 days.

To calculate compensation, you also need to find out the average daily earnings of the employee. It is calculated based on payments for the last 12 months before dismissal: the amount of actual earnings is divided by the average monthly number of calendar days per year. The amount of actual earnings includes: salary, allowances, bonuses, other payments provided for in the organization. They are not taken into account when calculating the amount for those periods that are not included in the employee's length of service for vacation.

To calculate the average monthly number of days, the last month worked completely before dismissal is taken into account or not. In the first case, the average monthly number of calendar days is 29.4. In the second, it is calculated using the formula: (29.4 / number of calendar days in a month) * number of actually worked calendar days.

After all calculations for calculating compensation, you need to multiply the number of unused vacation days by the employee's average daily earnings.

Consider the situation as an example.

Employee Ivanov I. I. works in the organization since January 01, 2010. I wrote a letter of resignation on March 01, 2011. During his work, he was not on annual paid leave. Those. the actual working time of the employee is 14 months. The last month has been fully worked out. 14 * 2.33 = 32.6 days - the number of unused vacation days. For the entire period of work, the amount of payments was 150,000 rubles. During his work, the employee was not on sick leave, on unpaid leave. 411.6 days - this is the number of days the employee actually worked in the organization. (14 months * 29.4). 150,000 / 411.6 = 364.43 rubles, the amount of average daily earnings. 364.43 * 32.6 = 11880.46 rubles - the amount of compensation for unused vacation.

If an employee has worked in the organization for 11 months, the number of days of vacation is considered as for 12 months, i.e. 28 days. Otherwise, proportionate compensation is paid.

Recommended: