How compensation is calculated and calculated for unused vacation upon dismissal, without dismissal: important nuances, sample statements, legal formulas, examples

In this article, we will analyze the calculation and accrual of compensation for unused leave.

Everyone is waiting for vacation, or almost most of the population. But sometimes by such a vacation, the worker does not want to resort or only a certain number of days will consume. Therefore, the legislation provides for financial compensation for unused leave. But here there may be their nuances that require study.

How is compensation for unused vacation accrued?

Each citizen, working at a particular state enterprise, legally has every right to vacation days. It is important to know that monetary leveling is far from paid for all types of annual leave. And even more so, compensation for such unused vacation, which the employee voluntarily abandoned, has his own calculations.

According to the law, the state reimburses unused days:

• ordinary annual vacation;
• as well as vacation by childbirth and pregnancy ( the decree is not included in the calculation);
• elongated vacation. In the material "Who is supposed to be extensible vacation?" You can see the right category of workers with a due period of rest.

Important: it is worthwhile to understand that on a legally, the employer may refuse to replace additional days of rest with a monetary reward of even this group of persons.

For officially employed employees with children, the state also provided for an additional annual vacation:

• a woman who has 2 or more children who have not reached 14 years of age;
• a woman who adopted a child;
• single mother;
• the father of the child independently raising children;
• if the guardian took the child from the orphanage.

Important: additional annual leave of this kind is provided to employees at any time of the year, out of turn. But financial compensation for vacation days is paid only upon dismissal.

Monetary compensation for unrealized vacation days is paid if:

• the employee quits;
• or refers to a special category, when it has at the disposal more than the prescribed days of rest;
• the employee is transferred to another place of work;
• the death of an employee.

How is compensation for unused vacation upon dismissal of an employee count?

• Upon dismissal, the employer undertakes to pay the entire amount with the last salary and for those days of the vacation period that the worker has not implemented. Moreover, this financial substitution covers all years.
• But the legislation does not doze off in this matter, and no one will leave you for more than 2 years without rest! This is the biological need of the body. Therefore, willy-nilly at least once in 24 months you will be required to go on vacation.
• If the employee is about he formed a raid, but decided to quit in it, then already fucked days you need to subtract with compensation. Although in this matter you should not forget that the employee needs to work 2 weeks after notification. Therefore, they can be excluded from the general fuss. And how to quit during vacation without working out and with compensation, you should see the material "How to quit during vacation?".
• If the dismissal happened due to absenteeism, the days of absence at work without a good reason - are not taken into account in the calculation!
• If the employee does not quit at will, but according to forced conditions (for example, annulation or collapse of the state, as well as loss of performance), then accrual is subject to the standard scheme in full. That we will consider it a little later.
  • The same applies if the employee was sent to military service, on a business trip or for a student retraining, or maybe he was transferred to another object. Even if the employee did not work out the year, but there should be a minimum of 5.5 months. Although this can be specified with the employer himself.

Important: The payment itself occurs on the day of dismissal.

How does compensation accumulate for unused leave without dismissal?

• Employee when transferring to another place of work, Having unrealized vacation days, the application must indicate the name of the future place of work and details to pay for the enterprise.
  • Thus, in the future, the new employee has come full right to annual leave, even if he worked in the new company less than six months.
• If the employee wants to get just a monetary compensation, then it is worth remembering that this is possible only if the pronounced vacation period is more than 28 days.
• From the established number, the average run is simply taken away, and the calculation days are obtained. They are paid to the employee only after writing a statement.
• It is also worth remembering that this may be refused. That is, the employer may not sign the order, but send the employee to the rest of the rest if:
  • this is a pregnant woman;
  • minor employee;
  • or a high mesh of harmfulness, which can seriously affect health. This also includes life -threatening working conditions.

Important: Such compensation is charged on the day of the nearest wage.

Sample application for compensation for unused vacation

1. In order to receive financial payments for unrealized vacation days, the employee needs to send a written or printed application to the accounting department.
2. It is written in a generally accepted form. That is, we make a “hat” from the name of the enterprise and the name, the position of the head. Below we duplicate our line.
3. With a request for payment, you need to indicate the number of unused days and, if any, then take into account the already used vacation days.
4. It is also necessary to mention the estimated date of the debris. Or describe that you have come out before such and such a number.
5. Below, the date and signature of the employee with a decoding surname are necessarily set.
6. After completing the application by the director, the company creates an order to pay funds to an employee for unused vacation days.

Calculation of monetary compensation for unused vacation days

It is worth noting right away so as not to resort to complex arithmetic, which are established average values. For example, the number of days in one month is a coefficient of 29.3. Speech, of course, is in working days.

Important: now a simple mathematics of rounding is discarded. That is, for the calculations, the exact days of the remaining part or the prescribed vacation are taken, which the employee did not spent before dismissal. This is the calculation of the employer, and the employee receives more accurate compensation.

• If the employee worked all year or several, then the calculation goes according to the elementary scheme - the average earnings are multiplied by the prescribed vacation days. For example, in general, 300 thousand rubles were charged for the entire period for the entire period.
• So we divide them by 12 months, and we also divide the resulting number into the established coefficient - 29.3.
• If the vacation is 28 days, then we simply multiply the numbers among themselves. If part of the vacation was off, then it is worth deducting these days, and multiply the rest. And here we have:
  • 300000/12/29.3 \u003d 853.24 rubles. - This is average earnings per day;
  • 853.24*28 \u003d 23890.72 rub. - And this is already vacation pay;
  • but do not forget about the tax deduction from individuals - 13%. Therefore, 23890.72*0.13 \u003d 3105.79 rub.;
  • 23890.72-3105.79 \u003d 20784.92 rubles. - This is the amount of the required compensation for unused vacation, taking into account the already tax fee.
• At a part time The same calculation occurs. For example, the employee got a job on 03/16/18, and quit 01/19/18. In general, he gets 10 months and 3 days. We take the same 300 thousand as a basis. But the scheme is slightly modified:
  • 29.3*10 (full months)+these 3 days \u003d 296 days;
  • we will divide the common summers into them: 300 thousand/296 \u003d 1013.51;
  • but now we are multiplying by the number of days. Take, for example, 56, because he has special conditions and we get 56756.75 rubles.;
  • further, the calculation is similar to the above scheme.

• If the employee worked at one enterprise, but in different positions, then upon dismissal, calculations are carried out separately, but in the end they are summarized. For example, 04/01/17, an employee was accepted at a plant with a harmful 2 class, where he was supposed to 42 days of vacation due to harmful conditions. But on 07/12/17 he was transferred to a new position without harm - to the role of a secretary. Where he worked for another 5 months and 20 days before the staff reduction. The calculation is for two periods separately:
  • 29.3*3+11 days \u003d 98.9 days;
  • for that period, he received 100 thousand/98.8 \u003d 101.11 rubles.;
  • do not forget that the conditions were harmful, 101.11*42 \u003d 4246.62 rubles. for vacation pay;
  • we also calculate 29.3*5+20 \u003d 166.5 days;
  • in this period, he also received 100 thousand/166.5 \u003d 600.60 rubles.;
  • but now we multiply by 28 days and get 16816.8 rubles.;
  • As a result, 4246.62+16816.8 \u003d 21063.42 rubles, excluding tax.
• If the employee has worked for less than 11 months, and his vacation is 28 days, Then we bring to your attention a table. For these coefficients, you can calculate compensation.

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