Very often between accountants and employeesHR departments have disputes about whether compensation is granted for leave when they leave, or whether these days are being lost. The Labor Code of our country on this subject reads in its article No. 127 that money should be given to an employee for all unused days of all vacations.
If the employee wants to quit himself, he canapply for all the required calendar days of rest with the subsequent dismissal. Then in the workbook will indicate the last day of vacation. This can not be done if the employee himself is guilty of violating the labor code.
Compensation of unused vacation atlayoffs should take into account both basic and additional leave. Article 35 states that the excess in the amount of less than a crescent is excluded from the calculations, the excess for more than 15 days is rounded to the full month.
Calculation of leave when dismissing start withdetermine the mean or ratio. Depending on the position and type of production, each employee is assigned a certain number of calendar days of rest. This number is divided by 12 months and it turns out a number that indicates the number of vacation days in each month.
Further compensation of leave at dismissal, whichwas not used, calculated by multiplying this figure by the number of months worked. It turns out the number of days for which you need to refund money. This figure can not be rounded, as the law does not write about it.
Articles numbered 28 and 29 indicate thatwhen working for at least 11 months, the calculation of leave pay is a full compensation. It is paid in the form of average earnings. For seasonal workers, leave is charged at the rate of two days for one month of labor. Therefore, this type of compensation must be paid to them after each season.
If a person is fired for absenteeism, he becomesabsolutely powerless, and very often compensation is not paid to him, which is wrong and is a violation of the law, in which this case is not special. Days of absenteeism should not be included in the total work experience when calculating the vacation days laid for him, but no more. He can go to court and receive not only everything that he needs, but also compensation for it.
Payment must occur no later than three.there is no day before the holiday, according to Article No. 136, therefore there should be no delays with compensation for unused rest, as there is a delay here initially.
In case of violation, the payment of interest onat a rate not lower than 1/300 of the refinancing rate of the Central Bank of the Russian Federation on the amount of the debt, and for each day of delay. The time of forced absenteeism is included in the seniority and taken into account. For calculations that are used to compensate for leave when dismissing, the compensation period is important, which is taken to be equal to the last twelve months, but only full. If the employee leaves on the penultimate day of the month, this month is thrown out of the calculations, and if on the last day, then this month is taken into account.
In some cases, the right may not be one.calculation of compensation, and immediately two, then the best option for the employee should be chosen. This is possible, for example, when a minor is temporarily employed. He was given a leave of 31 days, as a minor. In addition, he is entitled to 2 days for each month. Choosing the best option for him. People working part-time, also put this type of compensation. Compensation leave when dismissed is subject to deductions of insurance premiums. If an employee has worked for 11 months and managed to otguyat vacation in advance during this time, then they can keep money for one unearned month, which is 2.33 days of leave for average earnings.
