Is additional leave paid upon dismissal? How to calculate compensation for unused additional leave upon dismissal?

In this article we find out whether the employee is paid for compensation for unused additional leave upon dismissal and what are the conditions for its receipt.

Content

Many citizens awaiting dismissal are wondering if they are supposed to compensate for additional leave. According to the law, any employee has such a right, but provided that he worked at least six months in the current place. For example, compensation is provided for processing and irregular schedule. However, this rule does not apply to all citizens, but only to separate categories.

Will compensation be paid upon dismissal for unused additional leave?

Article 127 of the Labor Code of the Russian Federation says that the employer is obliged to pay compensation for each unused vacation day in case of dismissal of an employee. This applies to any categories of employees, even those who work in harmful and dangerous conditions.

The Labor Code is forbidden to change the days of vacation for cash payment, if there was no dismissal. But only sometimes workers can bypass this norm. These include:

Specialists working in irregular schedule
Employees engaged in special affairs

It is difficult to say compensation for such employees in exchange for vacation, but this is not prohibited by law. For example, citizens working in difficult conditions pay compensation for one full vacation, because all the others are usually used. People involved in work with a special character also receive payment regardless of different factors. If the work schedule is irregular, then compensation is also supposed.

How to demand compensation for unused vacation?

Every working citizen may demand to compensate all the missed days of vacation, even over the past years. An exception can be considered a vacation, which is stipulated exclusively by the normative acts of the employer, and is not directly provided for by law.

Compensation is paid on the basis of the application.

If it is not submitted by the employee, then no payments are made. The calculation is carried out together with other payments within the time period established by law.

It is worth noting that if in past years some days of vacation remained unused, then a cash payment is also supposed to be for them. You just need to indicate these days in the application.

How compensation is calculated for additional unused vacation: size, calculation procedure

When the employer has to pay compensation to the employee, he, first of all, finds out how many days he will need to make payment. The calculation is made by dividing the total number of additional leaves by 12. This rule is applicable if the employee has been worked out for a whole year.

The next step will be the multiplication of the result by the working months. If suddenly one month is not complete, then it is rounded to the whole, and from the received figure you need to subtract the days used.

The amount of compensation is determined by multiplying the not -off days of vacation for average earnings per day. Of course, this indicator is first determined for this.

If as a result, the number is not the whole, then it will be rounded up.

The calculation of average earnings is determined by changing the number of working days and average earnings. To calculate the latter, you need to multiply the salary by the number of calendar days in a month.

Calendar days are considered to be those that have been worked out and they are multiplied by the average number of days. According to the Labor Code of the Russian Federation, it is 29.4.

As you can see, the calculation is exactly the same as for ordinary leave. Speaking briefly, the algorithm looks like this:

The calculation period is determined
The corrective coefficient is determined
The indicators that do not participate in the calculation of average earnings are determined
After receiving all the data, the average daily earnings are calculated
Only after that is the amount of compensation is determined

It is worth saying that average earnings are calculated in one year. If at this time the salary was changed, then the coefficient of its dynamics is additionally determined.

Features of the provision of compensation for additional unused vacation

Cases are considered to be special when compensation is considered for employees arranged for temporary positions or performing seasonal work.

For such employees, vacation is calculated on business days. For the calculation, a regular formula is used, but instead of the number of unused days, workers are taken into account. The indicator is calculated as follows: the days of the multiplied by 2, the days are removed from the number of worked months that have already been used.

Even if the employee has worked for less than a year, he can also receive compensation. But only with the condition that it has been worked out for almost a year-11.5-12 months, if the experience is less, then compensation can also be obtained, but only when the following situations occur:

During the liquidation, restructuring or stopping the work of the enterprise
When sending to the service in the army
When sending on a business trip with the aim of learning
When transferring to another place at the initiative of the employer
In the case of the security of the employee, which was revealed during operation