How to correctly calculate the number of vacation days? Compensation calculator for unused vacation upon dismissal Formula for calculating unused vacation days.

The amount of compensation upon dismissal will depend on how correctly the personnel officer calculates the number of vacation days that the employee did not take off. For an accurate calculation, we suggest using our online calculator, which will help you accurately determine the number of vacation days.

From the article you will learn:

How to calculate the number of vacation days

Every employee has a rule for annual basic paid leave. This type of rest is provided to all employees without exception. The standard duration of annual vacation is 28 calendar days. But taking into account the fact that labor legislation allows for the possibility of dividing rest into parts, and also taking into account the fact that employees do not always use their annual holiday, in practice the question arises: how to calculate the number of vacation days?

We will tell you exactly how to correctly calculate vacation days in this article.

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Note that calculating vacation days may be necessary both in situations where it is necessary to pay compensation for unused vacation, and for providing annual vacation in kind.

How to calculate how many vacation days are due for the first year of work

According to the general rule established by Article 122 of the Labor Code of the Russian Federation, paid rest must be provided to the employee annually. Right to use of vacation for the first year of work occurs for an employee after six months of his work in a particular company have passed.

Therefore, if from the date of hiring the employee has already been working for more than six months. He receives the right to use annual vacation. Let us note that an employee can take advantage of the vacation earlier, but this issue is resolved exclusively with the consent of the employer. By the way, the situation when an employee has not yet earned the right to annual rest, that is, before the expiration of six months of work, but, in agreement with the employer, has taken advantage of annual rest, is called “vacation in advance.”

For a beginner, the question usually arises: how to calculate rest days for time worked? And what should you do if an employee, after six months of work, intends to use the entire vacation?

It should be noted here that labor legislation does not provide for the mandatory provision of basic annual rest in proportion to the time worked. The principle of proportionality is used to determine the amount of compensation for unused vacation. Also, the actual time worked is necessarily taken into account when calculating days of additional leave for employees who work in hazardous working conditions.

If the employee takes the main annual vacation, the principle of proportion does not apply. After six months of work, the employee can use the entire vacation. Therefore, in this situation, the question: how to calculate vacation for time worked is not relevant. After six months of work, an employee can rest for the 28 calendar days allotted to him (if a longer period of rest is not provided for in the organization).

Example.

The employee was hired on November 10, 2016. Starting from May 10, 2017 (after six months of work), this employee has the right to use vacation. In this case, the rest can be used entirely.

But in practice, employers are extremely reluctant to provide full vacation immediately after six months of work. The fact is that if, after a rest, an employee immediately decides to quit, then it is almost impossible to retain paid vacation pay for unworked rest days. This is explained by the fact that there will actually be no payments from which this amount can be withheld. This situation will happen if we are talking about dismissal immediately after the annual vacation.

But even if the employee works for a short time, for example, one or two months, then the amount of deductions still cannot exceed 20 percent of the amount of payment accrued to the employee (Part 1 of Article 138 of the Labor Code of the Russian Federation).

It will not be possible to recover the amount of unearned vacation pay through the court. The fact is that Article 137 of the Labor Code of the Russian Federation contains a closed list of grounds under which the collection of excess payments is allowed. But the amount of unearned vacation pay is not mentioned in this list. Accordingly, even if the employer applies to the court to recover the amount of unearned vacation pay, it will be refused (Definitions of the Supreme Court of the Russian Federation dated September 12, 2014 N 74-KG14-3, dated August 29, 2014 N 70-KG14-4).

The practical way out of this situation is as follows: the employee can be asked to use only part of the vacation, for example half - 14 calendar days.

How to correctly calculate vacation days for a part-time worker

For part-time workers, the general rules for providing annual rest apply. The fact that in a part-time situation an employee works part-time does not affect the duration of the main annual rest. A part-time employee is entitled to the same number of days of basic leave as the main employee.

But there is one important rule established by Article 286 of the Labor Code of the Russian Federation. Part-time workers must submit annual paid leave simultaneously with rest at their main place of work. And if the part-time worker has not yet worked the required six months, he must be provided with rest in advance. In this situation, there will be an obligation, and not a right, of the employer to provide leave in advance.

Therefore, if, for example, an external part-time worker just got a job in your organization, and he is already entitled to vacation at his main place of work, you will need to provide the vacation in advance. In such a situation, we recommend asking the part-time worker to provide a certificate from his main place of work about the time of use of annual leave. Instead of a certificate, a copy of the vacation order may be provided.

Order on granting leave

Please pay attention! For the calculation, full months worked are taken into account.

The procedure for calculating full months in this situation is established by the Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930. This document, despite the date, is still applied to the extent that does not contradict the Labor Code of the Russian Federation.

Thus, in the case when the working year is not fully worked out, the vacation days for which compensation must be paid are calculated in proportion to the months worked. At the same time, the Rules establish a uniform procedure for calculating length of service giving the right to leave in all cases.

When calculating full months of work, surpluses amounting to less than half a month are excluded from the calculation, and surpluses amounting to no less half a month are rounded up to a full month (clause 35 of the Rules). Accordingly, if an employee worked 15 days or more in a month, this month is taken into account as a full month for calculating compensation for unused vacation.

The right to rest is enshrined in the Constitution of the Russian Federation. An employee's vacation is a social guarantee, and the amount of the paid vacation period for employees is reflected in the labor and collective agreements of enterprises.

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Normative base

The procedure for providing rest and how many days employees are entitled to leave according to the law are established in Chapter 19 of the Labor Code of the Russian Federation.

The Code contains the procedure for granting leaves, their types, duration depending on the category of persons or jobs, the possibility of receiving compensation and other important conditions for employees.

Paid annual leave is provided:

Full-time employees.
Part-time workers hired under employment contracts.
Temporary workers employed under fixed-term contracts for a period of more than 2 months.

The sequence and timing of employees' vacation periods are approved by order and Form T-7. The number of days of paid vacation provided is fixed in the internal documents of enterprises.

When drawing up the T-7 form, the period worked by the employee of the enterprise, the wishes of the employees and production needs are taken into account.

The vacation schedule includes both basic and additional vacations for employees.

A sample T-7 form can be downloaded here:

What does the duration depend on?

The Labor Code of the Russian Federation establishes vacation periods for various categories of employees and types of job responsibilities. The length of the vacation period is determined regardless of whether the working day is full or part-time according to the terms of the employment contract.

Annual holidays

The main vacation period according to the provisions of Art. 115 of the Labor Code of the Russian Federation is 28 days in calendar terms.

The calculated vacation period includes the following time:

Performing work duties.
Absence from work while maintaining employment.

Maintaining a job does not always mean the right to take the period into account when calculating vacation time.

Reasons for absence from work included in the calculation period for leave:

Training in the form of advanced training and related to passing a session or entering an educational institution.
Work trips at the direction of the employer.
Periods of temporary disability ().
Execution of state duties.
Another vacation.
Suspension of the work process by decisions of supervisory authorities due to violations by the employer of labor protection rules.

Leave without pay in the amount of 14 calendar days is included in the calculation period for the provision of annual leave.

In case of illegal dismissal with subsequent reinstatement, the period of downtime gives the right to accrue a vacation period.

Reasons for actual failure to perform duties that do not give the right to leave include:

Absenteeism for unknown reasons.
Removal from duties due to drunkenness, lack of occupational safety certification or medical examination.
Leave without pay for a period of more than 14 days.
Parental leave.

If the above reasons exist, the billing period from the start date of employment is extended.

Additional

The legislation provides for the provision of additional leave to certain categories of persons.

Social guarantees are provided as a compensation measure when a person performs duties under special conditions.

The list of work conditions that give the right to additional rest is established in Articles 116–119 of the Labor Code of the Russian Federation.

The benefit is provided when performing duties:

With a special nature of work. The period and list of persons is determined by the Government of the Russian Federation.
In hazardous working conditions. Workplaces with hazardous conditions are established by industry laws. The period of additional leave cannot be less than 7 days.
With an irregular work schedule. Provided for at least 3 days.

The possibility of receiving additional leave must be included in the internal documents of the enterprise - collective and employment agreements.

Minimum and maximum terms

The terms for granting basic and additional leave are established by the Labor Code of the Russian Federation.

The period is not set less than the legally guaranteed norm. The period is recorded in calendar days. The minimum period of main leave is 28 days.

In Art. 115 of the Labor Code of the Russian Federation also provides the concept of extended vacation.

- 30 days.
- 30 days.
Workers of chemical weapons enterprises – 49 days.
For disabled people of any group – 30 days.

Employees of educational institutions and other teachers are granted leave from 42 to 56 days.

Industry legislative acts determine the category of positions who are entitled to 56 calendar days of leave.

The employer can independently establish additional leave in excess of the regulatory requirements.

Payment is made at the expense of the enterprise and is not included in expenses to determine the taxable base.

In what cases is it possible to extend or divide the total number of days?

An employee of an enterprise receives basic leave annually.

The employee must receive half of the vacation period - 2 weeks - at once; for the rest of the period, it can be split up throughout the year.

Receiving compensation is possible only in exchange for additional leave.

Calculation features

The correct calculation of the vacation period is determined from the date of employment.

Days that do not give the right to vacation are excluded from the calculation period.

What is included in the calculation?

In some cases, doubts arise when calculating in calendar days or working days for a 28-day vacation.

The vacation period is calculated only in calendar days.

When calculating, the personnel employee includes weekends in the period and increases the period by the number of non-working holidays and the period of illness confirmed by sick leave.

Weekends and holidays

The number of calendar days in which the calculation is carried out includes weekends of the regular working week.

In relation to holidays, the law establishes a different rule.

According to Art. 120 of the Labor Code of the Russian Federation, holidays are not included in the number of vacation days and are added up to the vacation period.

Sick leave

The period of incapacity for work that occurs during vacation extends the period of rest by the number of days of illness.

The basis for extending leave is a sick leave issued according to the rules.

Vacation will not be extended upon registration:

If the illness regime is violated and there is a corresponding mark in the document.

The employee has the right to dispose of sick leave days during the vacation period at his own discretion.

He can extend vacation days, postpone the vacation period, or add additional days to the next vacation.

The period for transferring sick leave days is determined by agreement with the employer.

Downtime

The coincidence of the start date of vacation with production downtime at the enterprise does not affect the transfer or extension of vacation.

The vacation schedule has been approved and compliance with it is mandatory for the employee in all cases, except those specified by law.

Transfer of vacation is allowed in the event of performance of government duties, illness, or lack of timely payment of vacation pay.

Study leaves

Study leaves are not related to the calculation period of the main leave.

Days for study or admission to study are provided on the basis of a certificate from the educational institution.

The period of study gives the right to the next annual leave.

How to calculate correctly?

The countdown of the period giving the right to leave begins with the month of employment. You can determine how vacation is considered using the Labor Code of the Russian Federation.

Example:

Sidorov A.A., mechanic at the Oktyabr enterprise, hired on November 12, 2019. The opportunity to receive annual leave arose after 6 months of continuous work at the enterprise, i.e., from May 13, 2019.

However, during the billing period, the employee was granted leave without pay for a period of 1 month. By law, only 14 days of the period give the right to leave. 16 days are added to the 6 month billing period. Sidorov A.A. has the right to leave. will only arise from May 29, 2019.

An employee’s right to a full vacation period arises after 12 months of service at a given enterprise. If an employee goes on vacation earlier than expected (after 6 months from the start of employment), he is given a portion of the vacation.

Questions in a number of cases arise when determining days of additional leave.

To receive the benefit, you must work for a period of at least 11 months under special working conditions.

If the employee has not worked the entire period, an additional rest period is provided in accordance with working conditions, with the number of days determined by calculation.

For full-time employees

Employees on the company's payroll have the opportunity to regulate the start time of vacations.

For the first year, a restriction is established: the first leave is granted after the end of the year or, at the request of the employee, six months after employment.

In the future, the start date of the vacation is not tied to the billing period.

When dismissing an employee:

Compensation is issued for days of unused but allotted vacation.
Amounts of overpaid leave are not withheld by the employer.

When calculating days for payment of compensation, full months of the period are taken, starting from the day of employment.

For part-time workers

Vacation for external part-time workers is provided simultaneously with the rest of the main job.

If there is not enough time worked for a full vacation, part of the period for combined work is provided in advance.

The majority of part-time workers have a work week cut in half.

Subject to the fulfillment of the working week hours of the employment contract, leave is granted in full on a general basis.

Paid leave is provided to the employee annually as a social guarantee.

The calculation and procedure for granting the rest period are determined by law. The number of vacation days cannot be lower than the period established in the Labor Code of the Russian Federation.

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

Workers know about their right to, but at the same time, few are familiar with the procedure for calculating the agreed type of rest, as well as the number of days for which they can claim.

Moreover, in some cases, even HR employees experience difficulties, especially if the employee’s working period is shifted for one reason or another. That is why, in order to avoid incidents when providing time off from work to the required extent, this issue is covered by law.

Legislative regulation of the issue

According to the norms defined by law, a worker can count on rest, both between shifts and weekly, and the annual basic one in the amount of 28 days in calendar terms on the basis of Article 115 of the Labor Code of the Russian Federation.

At the same time, in accordance with the norms established by Article 116 of the Labor Code of the Russian Federation, if working conditions at the enterprise deviate from normal or have some peculiarities, the worker is also entitled to a salary, the amount of which is approved by law.

In particular, in accordance with Article 117 of the Labor Code of the Russian Federation, if available, the minimum length of the period of release from labor duties is a full week, and on the basis of Article 119 of the Labor Code of the Russian Federation, 3 days. In the case of work in the northern regions, from 24 to 16 days, and for conditions involving increased psychological stress or other characteristics, up to 10 days, but in proportion to the length of service.

Moreover, according to the standards reflected in the Letter of the Ministry of Labor No. 861-7, both the main leave and the additional one, in general, are annual holiday by summing up the specified periods, taking into account certain features reflected in Letter of the Ministry of Labor No. 14-2/B-1045 and implying the provision of time of legal absence from the workplace only for work actually carried out under the specified conditions.

But the main rest is calculated based on the norms enshrined in Rules No. 169, but taking into account certain circumstances. In particular, the length of employment at the enterprise for at least six months, the length of administrative leave per calendar year and use, if it was provided. That is, according to Article 121 of the Labor Code of the Russian Federation, only periods during which the employee directly worked or was released, for example, during illness, will be taken into account.

Working hours

In accordance with Article 122 of the Labor Code of the Russian Federation, rest is provided to each worker annually, but taking into account the planned rest periods reflected in the priority schedule.

Moreover, during the first year of employment, an employee can count on rest of a full duration equal, in accordance with Article 115 of the Labor Code of the Russian Federation, to 28 days already in six months, but again taking into account the schedule. But for the second and subsequent years, the time of release from duties is granted without taking into account the period worked, respectively, also on the basis of the schedule.

At the same time, in a number of cases specified in the Labor Code of the Russian Federation, an employee may be granted an annual right to temporary release from work duties and before the expiration of six months. In particular, the company’s management is obliged to satisfy the employee’s request for unscheduled rest in the following situations:

The law also allows for the possibility of registering annual leave for ordinary employees who do not belong to preferential categories, but only in agreement with management, for example, in the event of family problems and for a period that can be calculated in proportion to the time worked.

What is a billing period

Within the framework of the law, a billing period is considered to be a certain length of time that is taken into account for the implementation of accruals or other actions.

For example, the calculation period specifically for vacations is a calendar or working year, depending on what this concept is used for. Let’s say that to calculate holiday pay payments, the last 12 months are taken into account, for which the actual average earnings are calculated in accordance with Article 139 of the Labor Code of the Russian Federation.

In turn, when calculating days off from work, this indicator is calculated completely differently, moreover, some difficulties may arise in determining it. In particular, according to Article 121 of the Labor Code of the Russian Federation, the length of service that grants the right to annual rest includes the following periods:

Moreover, according to Article 121 of the Labor Code of the Russian Federation, the length of service, on the basis of which the number of days is calculated, don't turn on the following days:

time spent on maternity leave;
removal from duties due to the fault of the worker, for example, due to failure to undergo periodic medical examination. examination or termination of a license or other documents, for example, a driver’s license.

Also, according to Letter of the Ministry of Labor No. 14-2/B-1045, the time of release from work duties, which is in addition to the existing annual one, is provided only during employment precisely in conditions that deviate from the norm, and on the basis of which the actual agreed days are provided. That is, in fact, the length of the agreed vacation will not be the same 7 days, but possibly less if during the year the employee was sick or used part of the main rest.

Counting order

Essentially, calculating the quantity annual leave does not cause any particular difficulties, given that you just need to determine from which calendar date to count 28 days. Moreover, if one of the holidays stipulated in Article 112 of the Labor Code of the Russian Federation occurs during the holiday, the period of release from work will be extended according to the number of holidays.

Here's the calculus extra time exemption from work duties has its own nuances. In particular, to begin with, the working days of the worker are taken into account, that is, from the moment of admission to the day of rest. Then, from the agreed period of time, days of incapacity for work, if any, are excluded, as well as other periods of absence from the enterprise, for example, the same administrative leave.

If the worker has been employed for a full year corresponding to 12 months, then additional leave is granted in full, for example, for 7 days.

If the employee was absent for two months, then rest is accordingly provided only for 10 months, by making the following calculations:

7 / 12 = 0,58;
0,58 * 10 = 5,8.

Moreover, if during the calculation the day is not complete, in accordance with Rule No. 169 rounding applies, which in this case will lead to 6 days of rest.

Not fully worked out billing period

According to the norms defined by Article 115 of the Labor Code of the Russian Federation, the time of release from work is formalized in full equal to 28 days in calendar terms after six months of employment, taking into account weekends and sick leave.

Moreover, in accordance with Article 121 of the Labor Code of the Russian Federation, during the period granting the right to legal rest, don't turn on:

That is, if a worker was absent for several months during the year due to the use of the above periods of time, the working period, which begins its counting from the moment of employment, shifts by the number of days equal to the absence.

For example, an employee was hired by the company on February 17, 2015, for the period from 2015 to 2016. the vacation was used in full, and for the period from 2016 to 2017. the vacation was scheduled to be provided in January. At the same time, during the working year, the worker used the right to be released from work duties at his own expense equal to 2 months, which automatically led to a reduction in the total time for calculating vacation by 45 days and, as a result, to a reduction in annual rest time.

Example

For each month of employment, a worker on average Allowed 2.33 days of legal rest based on the following calculations:

28 days are divided by the calendar number of months equal to 12: 28 / 12 = 2,33.

If the employee is given leave in full, then the above calculation is not made due to the fact that it is not necessary.

If employee's working period decreases, for example, by one and a half months, then the following actions should be taken:

12 — 1,5 = 10,5
10,5 * 2,33 = 24,46.

At the same time, in accordance with paragraph 35 of Rules No. 169, surpluses of less than half are excluded, which ultimately leads to the length of annual rest equal to 24 days.

Before maternity leave

In accordance with Article 260 of the Labor Code of the Russian Federation, an employee in a special situation before or immediately after childbirth, as a measure of additional support, is granted the right in full and without taking into account the length of service in the company. That is, in essence, a woman is provided with rest in advance, which in some cases can lead to some difficulties.

In particular, if she has been employed for only 4 months, an employee, when going on maternity leave, will receive the right to rest for 28 days, while based on the period worked, she is allocated only 9 days:

4 * 2,33 = 9;
28 -9 = 19.

Moreover, taking into account that in order to give birth, a woman is provided with time, which, according to the norms of Article 121 of the Labor Code of the Russian Federation, is included in the total time of employment for calculating the duration of the period of release from work, 140 days will be added to the already existing 4 months and, in general, will amount to 8.

Thus, by the time she goes on leave before giving birth, the woman will be given 19 days in advance (28 - 9), but at the end of the sick leave, the difference between the actually earned and the vacation provided on a preferential basis will be already 9 days:

8 * 2,33 = 18,64 = 19;
28 — 19 = 9.

That is, in fact, when leaving, a woman will have to work only 4 months to cover the difference between the leave provided in advance and the time actually worked, after which she will have the right to annual rest in the general manner.

For information on the rules for granting the right to annual periods of release from work duties, see the following video:

Every officially employed employee has the right to an annual salary. The employer is responsible for compliance with this rule: if employees are not provided with vacation on time, the labor inspectorate may impose serious penalties.

In addition to the main paid leave, in some cases the employee has the right to additional days, which must also be paid. An accountant must know how to calculate the number of vacation days in accordance with the law, as well as how to pay if an employee quits without working a full year.

28 days - standard vacation

According to the Labor Code of the Russian Federation, the period of annual leave should be 28 calendar days; the employer can increase this number.

Any changes must be included in the collective agreement or in an additional agreement with employees, in addition, they must be reflected in the internal regulations of the enterprise.

The organization must develop a vacation schedule, and the procedure for their provision and payment must be clear to every employee. This will allow you to avoid mistakes and unnecessary claims, as well as prevent resentment towards management, which can negatively affect work results.

Workers in some areas are provided with increased leave: this is due to both more and the specifics of a particular industry. Extended leave is provided in the following areas:

Elementary school teaching staff rest for 42 days, and other teachers - 56 days. This is due to both the long summer holidays and the busy work schedule during the school year.
Employees working in difficult climatic conditions (in the Far North), as well as those involved in mining and geological exploration.
More vacation days are provided to medical workers and military personnel.
who serve in remote regions, the vacation period does not include the days spent traveling to home and back.
Customs officers, employees of the Department of Internal Affairs and the Federal Drug Control Service, astronauts, air traffic controllers and other persons whose work involves increased danger and responsibility can also count on increased leave.

In each of the listed industries, the number of vacation days is calculated according to its own regulatory documents; the accountant becomes familiar with the specifics of the work after employment. Additional leave in any industry should also be provided if employees work overtime, or the company constantly operates an irregular work schedule. In this case, the increase must be at least three days; additional vacation may be increased by agreement between management and the team.

If an employee has not gone on vacation for a long time, the duration will be calculated based on the months worked. Let's look at an example of this calculation:

The employee was accepted into the organization on March 20, 2014, but he did not go on his first vacation exactly a year later, but only on October 20, 2015. On April 2-12, he went on paid sick leave.
The organization provides employees with vacation, the maximum duration of which is 32 days.
We calculate the pay period: the employee worked for a total of one year and another 8 months next year. Thus, the total working time was 20 months.
Paid sick leave time is also included in this period.
To calculate the required number of vacation days, you need to divide 32 days by 12 months and multiply by the total amount of months worked: 32/12 * 20 = 53.

Thus, the employee must be on vacation for 53 days, excluding holidays that fall during this period. For the same number of days, the amount of vacation pay is calculated in the manner prescribed by law.

The procedure for calculating the amount of vacation pay

Calculation of the number of vacation days

There is a general formula by which the amount of compensation for vacation is calculated: Vacation pay = Average daily earnings x Days of vacation. If the billing period corresponds to a calendar year, then the average number of days in a month will be 29.4. If the year was not fully worked, then the total number of all days worked is calculated.

Basic salary amount. If an employee receives a salary not on a time-based basis, but on a piece-rate basis, and at the time of calculating vacation data for the last month there is no information, you can take information for the same month of last year.
Allowances and additional allowances that an employee received for overtime work or for an increased number of job responsibilities. All these payments must be formalized.
Payments and bonuses for hard work and saving resources. Payment of the bonus is carried out after the order of management. This amount is also taken into account when calculating average daily earnings.
Additional payment for length of service, travel allowances and other payments that the employee received during the year.

Important! All these amounts are taken into account without taxes paid on them and contributions to the Pension Fund; based on the results obtained, the full daily earnings are calculated.

As a result, based on the total amount received, the average daily earnings are calculated, and it must be multiplied by the amount of vacation. The result will be the amount of compensation for paid leave that the employee must receive in hand on the first day.

Calculation of compensation for leave upon dismissal

Compensation is due for unused vacation

If an employee resigns without using the required paid leave, the company must pay him compensation for all vacation days. If before this the employee has not gone on vacation for several years, all these compensations must be summed up.

If a full calendar year has been worked, the enterprise pays compensation for 28 vacation days, taking into account the average daily earnings for the period worked. If less than a year has passed since hiring or the last vacation, then payments are calculated based on time worked.

In this case, days worked that are less than half a month will not be taken into account, and if there are more, the number of months will be rounded up. All compensation for unused vacation must be paid on the day of dismissal. The company makes a full payment to the employee and issues it.

If an employee has already received vacation pay for the whole year, but has not completed the allotted time, the company has the right to withhold the balance from his salary upon final payment. Paid leave is one of the important benefits of official employment, and the employer is obliged to strictly comply with legal requirements.

If his rights are violated, the employee may, after which the company will have to not only pay the required compensation, but also pay legal costs. In order to avoid unnecessary proceedings, it is necessary to carefully calculate the number of days and the amount of vacation pay required by law.

To refresh your knowledge in this area, watch the recording of the traditional spring webinar on calculating vacation pay:

There is always a final calculation, in the foreground of which is the calculation of compensation for unrealized vacation. It is paid taking into account vacation days for the entire period of work. In this publication, we will talk about how to calculate the number of vacation days upon dismissal, doing it quickly and competently.

Since compensation payments are calculated by multiplying the number of days of unused vacation by average daily earnings, the reliability of the amount received depends on the correct calculation of these indicators.

How to calculate vacation days upon dismissal

The law does not establish a specific algorithm for calculating vacation days to be paid upon termination of an employment contract. Usually, when making such calculations, they adhere to the positions set out in the “Rules on regular/additional vacations” dated April 30, 1930 and their duration established by the Labor Code of the Russian Federation.

When an employee is dismissed, whose work experience in one place exceeded 11 months, and vacation was not granted, compensation for the year is calculated. The same amount of compensation is provided to employees who worked from 5.5 to 11 months, if the dismissal took place due to the liquidation of the enterprise as a whole, its divisions, or a significant reorganization of the company.

For example, an employee who worked for the company from March 26, 2016 to February 28, 2017, i.e. 11 months, quits. and 2 days. Vacation duration is 28 days. Since more than 11 months were worked, the entitlement to vacation was the number of days provided for by law - 28.

If the period of activity does not exceed 11 months, vacation days are calculated in proportion to the number of months of vacation service in a part-time working year using the formula:

H to = N / 12 x K ohm - H dio, where

– H to – number of vacation days that must be paid;

– N – legally established standard of vacation days due per year;

– K om – number of months of work;

– H dio – number of days of vacation already taken.

The employee got a job on June 1, 2015, worked until February 29, 2016, taking part of his vacation in December (10 days), the total duration of which was 28 days. Let's calculate the number of unrealized vacation days using the proposed formula:

H to = 28 / 12 x 9 – 10 = 10.97 days.

If, keeping the same initial data, a minor employee is dismissed, then the calculation will include a vacation duration of 30 days:

H to = 30 / 12 x 9 – 10 = 12.5 days.

For a teacher entitled to a 56-day vacation, the calculation will be as follows:

H to = 56 / 12 x 9 – 10 = 31.99 days.

Thus, the duration of the entitlement vacation plays a key role in the calculation.

About rounding the amount of calculated vacation days

The mandatory rounding of the obtained value is not regulated by law, but the letter of the Ministry of Health and Social Development of the Russian Federation dated December 7, 2005 No. 4334-17 notes that it is possible to round the number of vacation days at the initiative of the employer, incl. up to whole units. But this can be done without applying arithmetic rules, but based on the interests of the staff.

Example

The established duration of vacation is 28 days. Situation: an employee who has 1 month is resigning. worked experience. The number of days of entitlement leave per month is 2.3333 days (28/12). Due to the inconvenience of using periodic fractions in calculations, the employer has the right to round the resulting value. In this case, rounding:

to hundredths, determine the value of 2.34 days;

up to tenths – 2.4 days;

up to whole – 3 days.

How to calculate the number of months of vacation: features

To correctly calculate vacation days upon dismissal , You should remember the specificity of establishing the number of months in the vacation period. When calculating a period in this way, generally accepted arithmetic rules are followed: if the number of days remaining after determining full months does not exceed half a month, they are excluded from the calculation, and if exceeded, they are rounded to the whole month. Please note that the Rules do not clarify the term “half a month”. However, based on the examples presented in the document, employers in practice take 15 days for half a month, regardless of their number in the month. In addition, the calculation of the period involves billing periods, not calendar ones.