The "Labor Code of the Russian Federation" reflects the basic rulescalculation and payment of annual leave to employees of various fields of activity. According to Article 114 of the Labor Code, workers are granted paid leave with a guarantee of preserving the workplace. The main leave is granted in the amount of 28 calendar days. There are also additional paid holidays. They are given for the specific nature of work associated with hazardous working conditions, unregulated day, northern areas (Article 115, 116 of the Labor Code of the Russian Federation). How vacations are considered, you can find out at the place of work in the office accounting office.
Оплачиваемый отпуск работодатель обязан provide annually. In this case, the right to use the first leave (for the first year of work) comes into force after the expiry of six months worked. In subsequent years of labor, annual leave may be granted earlier than six months worked, if the employee so desires.
At the factory there is a "Holiday Schedule"approved by the employer. According to this document, the order of annual holidays is observed. The schedule is developed for the purpose of normal operation of production during the absence of the employee. The document is agreed with the trade union bodies two weeks before the start of the new calendar year, but not later. The schedule is mandatory for execution by both the employer and the employee of the enterprise. The employee must be informed of the date of the holiday no later than two weeks before the start. By agreement of the parties, paid annual leave can be divided into parts. However, each of the shares must be at least 14 days (calendar). According to the holiday resolution, it is said in the Decree of the Government of the Russian Federation No. 922. Calculation and payment must be made three days before the first day of leave (article 136 of the LC RF).
Подсчет продолжительности отпуска (основного и additional) is made in calendar days. At the same time, holiday and non-working days for the holiday period are not included in the calculation, respectively, and are not paid.
The procedure for calculating the average salary for vacation payment
To have an idea of how to calculatevacation, it is necessary to get acquainted with the procedure for calculating the average salary, developed by the Government of the Russian Federation. In calculating the average earnings, not all payments are included. Social payments and payments not related to labor payment (material assistance, one-off incentives, compensation of utility bills, etc.) are not taken into account.
How are holidays considered in 2012? The procedure for calculating the payment for holidays and compensation for its non-use is as follows:
It takes earnings for the last 12 months (calendar) preceding the month in which the employee goes on vacation.
The average earnings per day is calculated by dividing the entire amount of wages accrued for the calculation period by 12 (months), then by 29.4 (the average annual number of calendar days per month).
In the "Collective agreement" of the organization, you can find out how vacation payouts are considered, if other periods for counting are provided. The employee's position should not deteriorate.
How are vacation payouts according to formula
The calculation of vacation payouts according to the formula is very simple:
If the settlement period is fully worked out, then the amount of payments should be divided by 12 and by 29.4.
If the billing period is not fully worked out, then the amount of payments for the calculation period should be divided by the number of calendar days of the period.
Количество дней календарных (при неполных worked months) is calculated as follows: for a full month worked, the number is taken - 29.4. In an incomplete month, the number of calendar days worked should be multiplied by 29.4 and divided by the number of calendar days of the full month.
Calculation of vacation is made by the formula: the average earnings per day is multiplied by the due vacation days.
