How to calculate compensation for unused leave upon dismissal: formula and calculation calculator, payment rules

The employee decides to quit: there are two ways to end the employment relationship with the enterprise. You can first take a vacation, and then get a calculation. Another option is to leave immediately. In the second case, the person is entitled to leave compensation upon dismissal. Consider how this part of the severance pay is calculated.

The rights and obligations of employed citizens are regulated by the Labor Code of the Russian Federation. In accordance with Art. 114 working people have the right to take advantage of the annual paid leave.

The employee is entitled to 28 days of rest per year. The working and calendar year are categories of a different order: for an employee, the calculation is carried out from the date of employment.

Claims to reimbursement of unclaimed rest are:

Specialists who have not been on vacation for the entire period of work in the organization;
those who did not have time to use their vacation right in the last year of service;
at completion;
persons transferring to another job in the same organization;
part-time workers;
employees of liquidated enterprises, as well as in case of job cuts.

The reason for dismissal does not matter: of their own free will, by agreement of the parties, and even if they do not correspond to the position held - all these are cases of assigning payments for unclaimed rest.

The formula for calculating compensation for leave upon dismissal

At the first stage, it is necessary to determine the duration of the vacation period unclaimed by the leaving persons.

1.we distribute the vacation due for the year by month:
vacation days per 1 working month = vacation for the year according to the staff schedule: 12 (months)

2.Calculate unused periods:
number of unused vacation days = vacation per working month X months worked vacation days used

Months not fully worked are accounted for according to the rounding rules. A person has worked for more than a month - the full period is counted in the deadline, work less than half a month - the days are not counted.

Employees with many years of service need to know that unused days are taken into account upon dismissal and vacation pay is paid for the entire period of work in the company, and not just for the last year.

Then the calculation must be carried out according to the following formula:

KNDo = OOG X PDOg oIDO
KNDo - the number of unused rest days,
OOG - total years worked,
PDOg - the prescribed vacation days per year,
OIDO is the total vacation days used for all time.

Calculation of payments for unused days

You will need two parameters of wages: the average annual earnings for the last year and the value of the average daily wages.

Wed / daily FROM = Annual FROM 12 29.3

Wed / day OT - cf. wages for a slave. day;
annual OT - annual salary for the last year;
29.3 - official cf. number of calendar days in a month.

The law provided for payments that do not fall into the accrual of vacation pay upon dismissal:

periods of work paid at an average rate: business trips, employer's initiative;
b / sheets for illness, decree.

The severance pay to a resigning person for unused days is calculated as follows:

Compensation = Avg / daily earnings X Number of unused days

Vacation in working days: calculation of compensation

In most cases, annual rest is given in calendar terms. However, there are exceptions. In some cases, vacation pay is calculated based on working days. As a rule, these are specialists who came to the organization for a short period of time:

seasonal specialists (Art. 295);
employees under short-term agreements (Art. 291).

Number of unused days = Actual months worked at the enterprise x 2 working days - Number of vacation days used at the place of employment

How is the vacation compensation calculated in this case? The algorithm is the same as for employees with a calendar exemption from service.

Time worked matters

The amount of compensation directly depends on the period of work from the moment of leaving the last annual leave:

less than 1 month - calculation for unused vacation is made only if the employee has worked for 15 days or more. Then this period is conventionally taken as a fully worked month;
1-11 months - the payment is proportional to the number of the worked period. If there are 11 months in the working arsenal, full compensation for leave upon dismissal is due.

In this order, there are exceptional situations inherited from the Soviet period. They are defined by Regulation No. 169 of 1930. The company provides full compensation for a work period of 5.5 to 11 months. Dismissal occurs due to force majeure:

liquidation of the organization;
conscription for urgent military service;
referral to another area of work at the filing of the administration;
other grounds for this category.

What about unused additional leave?

Work in hazardous work, with a special working regime and other unfavorable factors often provides additional time for the employee's recovery. This period is also compensable.

The labor legislation has not established an exact algorithm, therefore, accountants of enterprises use their well-established practice. General and grace days are added, the accrual takes place according to the general procedure:

with an additional rest of 7 days, the compensation applies to 35 days (28 + 7);
if the benefit is 14 days, then these two weeks will be added to the calculated vacation.

Limitation. A period exceeding 14 days cannot be used to calculate the reimbursement of unused vacation time.

The nuances of assigning dismissal compensation

The employee has no current earnings. There may be several reasons, respectively - and solutions.
For example, a woman was on maternity leave or caring for a child. Then the payment of vacation pay upon dismissal is made from the salary according to the position, taking into account allowances, bonuses and other additional payments. If we are talking about an unofficial salary "in an envelope", then you should not count on compensation. According to the documents, the person was not charged.

Overpaid vacation pay. Such misunderstandings are common. Depending on the time the error was detected, two options are possible:

an error in accruals was discovered before dismissal. The allowance is being recalculated;
the truth surfaced after the calculation of the citizen. The specialists of the settlement department of the enterprise answer.

Not taking vacation for several years. According to the law, the right to such leave is not lost. The employer is obliged to compensate for all unclaimed periods to any applicant: part-time workers, personnel under fixed-term employment contracts, employees who have not passed the probationary period, etc.

Violations of vacation compensation payments: what threatens the employer

If it turns out that the administration has saved vacation pay when an employee is fired, the company will have to answer administratively:

a legal entity is subject to a fine of 30-50 thousand rubles;
officials of organizations are assigned a fine in the amount of 10-20 thousand rubles;
and from one thousand to five thousand will be paid by individual entrepreneurs.

Although employers do not violate the law so openly. Delays in the issuance of the calculation are more common. But here, too, the law protects the interests of citizens: in the event of a dispute, the employer is obliged to supplement compensation with the accrual of interest at the rate of the Central Bank.

Full calculation falls on the last day of the specialist's work. At the same time, the person receives a vacation allowance. Compensation payments are due to officially employed citizens.