How to correctly calculate the period of work for vacation. The period for which the next vacation is granted

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That's 56 days in 2 full years and another 17 days for an incomplete year of work (28 days / 12 months × 7 months = 16.33 days. Rounding was done according to the rules adopted by the organization (in accordance with the recommendations set out in the letter of the Ministry of Health and Social Development of the Russian Federation dated 07.12.2005 No. 4334-17) in favor of the employee.Total 73 days.Step 3. Determine the number of unused vacation days.During the time of work, the employee took vacation three times:

From 06/02/2016 to 06/22/2016. This period fell on a non-working holiday on June 12, so not 21, but 20 days of rest were used.
From 03/30/2017 to 04/19/2017. There were no holidays here, and the vacation was 21 days.
From 08/09/2017 to 09/11/2017. There were no holidays here either, and the vacation was 14 days.

Total unused leaves 18 days (73 - 20 - 21 - 14). Their employee can take time off immediately before dismissal - from 12/22/2017 to 01/15/2018.

How to count vacation? how to calculate vacation time

TCs are included or not counted in the experience. The accrual of seniority is a condition that must be observed when receiving annual rest. But how does seniority affect the constitutional right to rest? It could be assumed that the total time of labor and equivalent activities is associated with the maximum number the time that must be worked out in a year in order to be able to exercise the right to rest.

However, this is not true. Based on the information given in the letter of Rostrud dated June 14, 2012 No. 854-6-1, the periods included in the length of service do not affect the length of the working year. The terms that are not included in the length of service are important, since the year of work is extended by this time.
Calculation of the length of service required to obtain the main leave

Personnel page

The minimum period of the main vacation is 28 days. In Art. 115 of the Labor Code of the Russian Federation also provides the concept of extended leave.

Attention

For certain categories persons have their own minimum periods: educational institutions and other teachers are granted leave from 42 to 56 days. Sectoral legislative acts determine the category of positions, who are entitled to a vacation of 56 calendar days.

The employer can set additional leave above regulatory requirements. Payment is made at the expense of the enterprise and is not included in the costs to determine the taxable base.

In what cases is it possible to extend or split the total number of days? The employee of the enterprise receives the main vacation annually. Half of the vacation period - 2 weeks - the employee must receive at once, for the rest of the period it can be split during the year.

How to count vacation

How to calculate vacation days in 2018 (example) Let's give an example of calculating the days of the billing period for vacation in 2018, taking into account the above subtleties and nuances. Let's say an employee got a job at the company on 06/17/2015. During his tenure, he:

was ill from 04.12.2015 to 12.12.2015 and from 12.02.2016 to 19.02.2016;
took a vacation at his own expense from 04/07/2016 to 04/13/2016 and from 08/24/2016 to 09/13/2016;
was on paid leave from 06/02/2016 to 06/22/2016, from 03/30/2017 to 04/19/2017, from 08/29/2017 to 09/11/2017.

From 01/15/2018, he decided to quit, having previously taken all the days that he did not use during his work.

See also "How to arrange a vacation with subsequent dismissal?". Let's see how many days of paid rest he has the right to count on if the company has taken a vacation of a standard duration - 28 days.

Step 1. Determine the experience.

Calculation of the number of vacation days in 2018 - example

Thus, the next working year after leaving parental leave will be: 06/18/2011 - 06/17/2012. This is followed by parental leave again, where we get the period 06/18/2011-11/07/2011, which is 4 months 20 days.

Vacation compensation must be provided in proportion to the hours worked. The calculation method is carried out according to the formula: Calculation according to the formula full vacation (37 days): 12 × number of months worked 12 * 5 months, we get 15.41 calendar days, we round up, we get 16 calendar days.

How to calculate the working year of an employee?

This means that you have the right to realize the calculated duration of your vacation in the period from 02/01/2009 to 09/30/2011. Therefore, if you need to calculate the duration of the vacation not for the entire working year, then calculate how many months from the working year you will take into account. 4 After you have determined the vacation calculation period and the duration of the main and additional vacations, calculate the number of vacation days using the formula: (duration of the main vacation + duration of the additional vacation) * vacation calculation period / 12 months. For example, you work an irregular working day and want to calculate vacation for 9 months of continuous service in order to receive compensation for unused vacation. Your organization's collective agreement stipulates that the additional paid leave is 3 calendar days.

When calculating periods of work that give the right to proportional additional leave or to compensation for leave upon dismissal, surpluses of less than half a month are excluded from the calculation, and surpluses of at least half a month are rounded up to the nearest full month. Thus, the employee must be compensated upon dismissal of 20 calendar days for the working year 15.08.2006-07.09.2007, 08.09.2007-24.06.2008 05.04.2011-17.06.2011, for the composite working year 37 calendar days; And for the period 18.06.2011-07.11.2011 - 16 calendar days.

Note: if part of the leave is provided for harmfulness, then the calculation can be adjusted. In this case, you need to calculate separately the main vacation 28:12X for the number of months worked.

And in the period giving the right to additional leave, include only the period when the employee worked during harmful conditions labor.

How to correctly calculate the vacation period

Question - for the period of work from 08/15/2005 to 08/14/2006, the vacation was used by the employee in full;- annual vacation provided for the period from 08/15/2006 to 08/14/2007 in the amount of 17 cal. days (37 cal. days are required in a year); days (38 days in the working year from 15.08.2006 to 14.08.2007 (18 days: from 09.01.-26.01.2007, 19 days: from 04-22.06.2007, 1 day: 03.08.2007; and 30 days in the working from 15.08.2007 to 14.08.2008 from 27.11.-26.12.2007); - from 25.06.2008 to 04.04.2011 the employee was granted leave to care for a child up to three years old, from 05.04.20011 she began to work;- from 08.11.2011 to 26.08.2014 leave was granted to care for the second child (26.08.2014 is planned to be dismissed).

How to correctly calculate the period of work for vacation

For the second and subsequent years, leave is granted at any time in accordance with the order of provision established by the employer. The main thing is to comply with the condition - for one working year (period of work) only one annual paid leave can be provided.

Example 2. Inna Ivanovna Ivanova was hired as secretary on September 10, 2009. Vacation for the period of work from 09/10/2009 to 09/09/2010.

28 k.d. she used. From November 19, 2010 to May 19, 2012, she was granted parental leave until he was one and a half years old. How to calculate the period of work for which she should be granted the next vacation? If parental leave had not been granted, the period would have been 10.09.2010-09.09.2011. In this period, there is an experience that gives the right to annual paid leave (09/10/2010 - 11/18/2010, it is equal to - 2 months 8 days (2.26).
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 of employees is reflected in the labor and collective agreements enterprises. Regulatory framework The procedure for granting rest and how many days according to the law of vacation are required for employees are established in Chapter 19 of the Labor Code of the Russian Federation.

The Labor Code of the Russian Federation The Code contains the procedure for granting holidays, their types, duration depending on the category of persons or work, the possibility of receiving compensation and other important conditions for workers. Paid annual leave is granted:

Regular employees.
Part-time workers hired under employment contracts.
Temporary workers employed by fixed-term contracts for a period of over 2 months.

The sequence and timing of vacation periods for employees are approved by order and schedule of vacations of the T-7 form.

How to correctly calculate the period of work for vacation after maternity leave

So, we exclude from experience:

vacation periods without pay over 14 days;
"children's" holidays;
absence from work without good reason.

How to correctly calculate the vacation period if a holiday falls on it In Art. 120 of the Labor Code of the Russian Federation, a rule is fixed, according to which non-working holidays falling on vacation are not included in the vacation itself. In practice, there are 2 options for calculating vacation days:

The vacation period is indicated by its start date and the number of calendar days. In this case, the employee leaves the vacation 1 day later.

Example 2 Vacation granted to an employee from February 15, 2018 for 14 calendar days. February 23 is a holiday, so he should start working not on 03/01/2018, but on 03/02/2018.

The vacation period is indicated by its start and end dates.

How to calculate the period of work for vacation

Thus, Zaitseva will have the right to the first annual leave after six months of continuous work in the organization, that is, from November 7, 2010 (regardless of the duration of the available leave at her own expense), and the right to the second annual leave - not from May 7, 2011 , and after a year and 16 days, that is, from May 23, 2011. *<… Нина Ковязиназаместитель директора департамента заработной платы, охраны труда и социального партнерства Минздравсоцразвития России 6.Ответ: Какие документы нужно оформить при предоставлении сотруднику ежегодного оплачиваемого отпуска Документальное оформление Для оформления ежегодных отпусков утверждены типовые формы документов:

vacation schedule;
leave order;
vacation note.

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General provisions

According to part 5 of Art. 37 of the Constitution of the Russian Federation, everyone has the right to rest. Based on Art. 106 of the Labor Code of the Russian Federation, rest time is the time during which the employee is free from the performance of labor duties and which he can use at his own discretion. Vacation is one of the types of leisure time.

To acquire the right to leave, the following legal grounds must be present:

1. The employee must be in an employment relationship with the employer. In practice, the question often arises: should an organization or an individual entrepreneur provide leave to an employee who works on the terms of a civil contract. The answer to the question posed must be negative. Labor relations are regulated by labor legislation, civil - legal - civil. Therefore, only on the condition that an employment contract has been concluded between the employer and the employee can we talk about granting leave.

2. The employee must have a certain length of service.

The amount and form of remuneration, full-time or part-time work do not affect the exercise of the right to leave. In addition, the right to leave does not depend on the place of work, the position held or the term of the employment contract.

Part-time workers also have the right to leave at the combined job at the same time as the leave provided at the main job. The latter, by the way, is often ignored by employers.

In accordance with Art. 114 of the Labor Code of the Russian Federation, employees of all enterprises, institutions, organizations, regardless of their organizational and legal forms and forms of ownership, are granted annual leave with the preservation of their place of work (position) and average earnings. In addition, on the basis of Art. 128 of the Labor Code of the Russian Federation, an employee may be granted leave without pay.

Duration paid annual leave consists of the duration of the annual basic and additional holidays.

Thus, there are two types of paid holidays:

annual basic leave,
Additional annual leave.

Annual additional leave, in turn, has the following varieties:

additional leave for employees employed in work with harmful and (or) dangerous working conditions;
additional leave for employees with a special nature of work;
additional leave for employees with irregular working hours;
additional leave for employees working in the regions of the Far North and equivalent areas;
additional leave for employees in other cases provided for by federal laws.

This classification of additional holidays is directly enshrined in Art. 116 of the Labor Code of the Russian Federation. However, this list of additional holidays is not exhaustive. In addition to those mentioned, there are also:

BUT. study leave,

AT. temporary disability leave,

WITH. Leave related to the birth of a child:

Maternity leave,
Holiday to care for the child,
Holidays for employees who have adopted a child,
Extra leave for parents
Leave for the parents of a child with a disability.

D. Leave without pay.

Each type of vacation has its own legal features. Within the framework of this work, general issues arising in the provision of annual leave will be considered. The specific legal features of each type of leave are not the subject of research.

The procedure for calculating the total duration of annual leave

Based on Art. 120 of the Labor Code of the Russian Federation, the total duration of the annual leave of employees is calculated in calendar days and is not limited to a maximum limit. At the same time, non-working holidays falling on the period of vacation are not included in the number of calendar days of vacation and are not paid.

Example

The employee was issued leave for the period from February 28, 2005 to March 9, 2005. The period of leave falls on a non-working holiday - March 8. Therefore, the employee must go to work not on March 9, but on March 10, 2005.

When calculating the total duration of the annual paid leave, additional paid holidays, regardless of their type and number, are added to the annual basic paid leave.

In practice, problems often arise when it is necessary to determine the duration of the vacation if it is calculated in working days.

As follows from the Letter of the Ministry of Labor of the Russian Federation dated February 1, 2002 No. 625 - BB, in the event that the leave provided to the employee is calculated (in whole or in part) in working days (for example, leave provided for the past time, additional leave for harmful working conditions, etc.), then the duration of the annual paid leave should be calculated in the following order: from the start date of the leave, a certain number of days of the main leave in calendar days (28 calendar days) is counted, and then - a certain number of days of additional leave in working days in the calculation for a six-day working week and the date of the last day of vacation is determined. After that, the total vacation period is converted into calendar days. The resulting number of calendar days will be the total duration of the annual paid leave.

Example 1

The next annual leave of an employee consists of a basic leave of 28 calendar days and an additional one for work in hazardous working conditions of 6 working days.

The duration of the leave is determined in the following order:

1) the main vacation in 28 calendar days - from February 1 to March 1, 2005 inclusive (non-working holiday on February 23 is excluded);

2) additional leave of 6 working days according to the schedule of a six-day working week, that is, excluding Sundays and holidays - from March 2 to March 9, 2005 (Sunday - March 6 and a non-working holiday on March 8, 2005 are excluded).

Vacation limits - from February 1 to March 9, 2005 inclusive, and this time is 35 calendar days (excluding non-working holidays on February 23 and March 8).

The procedure for granting, transferring, extending and dividing annual paid holidays

Annual paid leave is granted once during the year of continuous work in the organization, that is, not for the calendar year, but for the so-called "working year".

According to Part 1 of Art. 122 of the Labor Code of the Russian Federation, the right to use leave for the first year of work arises for the employee after six months of his continuous work in this organization. In addition, it should be borne in mind that, by agreement of the parties, an employee may be granted paid leave before the expiration of the first six months of work.

Before the expiration of six months of continuous work, paid leave at the request of the employee, in accordance with Article 122 of the Labor Code of the Russian Federation, must be provided without fail, regardless of the desire of the employer:

Women - before maternity leave or immediately after it;

Employees under the age of eighteen;

Employees who have adopted a child (children) under the age of three months;

In other cases provided for by federal laws.

Based on Art. 286 of the Labor Code of the Russian Federation, persons working part-time are granted annual paid leave simultaneously with leave for their main job.

Vacations for the second and subsequent years of work are granted at any time of the working year in accordance with the order of granting annual paid holidays established by the organization.

It is prohibited not to provide annual paid leave for two consecutive years, as well as failure to provide annual paid leave to employees under the age of 18 and employees employed in harmful and (or) dangerous working conditions.

The first working year is calculated from the date of entry to work at a given enterprise, institution and organization, subsequent ones - from the day following the end of the previous working year.

Example

The employee was hired on September 21, 2004. After 6 months, that is, after March 20, 2005, the employee is entitled to the first annual paid leave. The first working year is a calendar period from September 21, 2004 to September 20, 2005. The second working year, giving the right to the next vacation, is calculated from September 21, 2005 to September 20, 2006.

It is important to note that the Labor Code of the Russian Federation does not provide for the possibility of granting annual basic paid leave in proportion to the hours worked, therefore, in all cases when leave for the first year of work is provided in advance, the employee must receive it in full and with full payment.

Based on Art. 121 of the Labor Code of the Russian Federation, the length of service giving the right to annual basic paid leave includes the following periods:

1. The time of actual work, i.e. the time when the employee performed his job duties in accordance with the employment contract. This time should also include the time the employee is on a business trip.

2. The time when the employee did not actually work, but in accordance with federal laws, the place of work (position) was retained for him. Such cases include the following:

the time the employee performed his military duties, including military training, verification fees, etc.;
the time the employee performs the duties arising from the legislation on the administration of justice (for example, participation in meetings of the district court, jury, other courts as a witness, victim, juror, etc.);
time of performance of other state duties (for example, participation in the work of election commissions, in sessions of representative bodies of power, etc.);
time spent on vacation (annual, additional, educational, etc.);
the time spent in educational institutions associated with advanced training, retraining, additional education (in the direction of the employer;
time of receipt of benefits for pregnancy and childbirth (during prenatal and postnatal leave);
the time spent in quarantine, on sanatorium-and-spa treatment;
the time spent by the employee on annual paid leave is also counted in the length of service, including the length of service for the provision of the next annual paid leave.

3. Time of forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement at the previous job;

4. Other periods of time provided for by the collective agreement, labor contract or local regulatory act of the organization.

These time periods include:

vacation time for entrance examinations to higher and secondary specialized educational institutions;
free days from work provided to employees studying in secondary schools;
time of short-term (up to 7 days) vacations without pay;
the time of practical training in paid positions by students of universities and students of secondary specialized educational institutions and equivalent educational institutions, etc.

In the length of service, giving the right to annual basic paid leave, not the following periods are included:

The time the employee is absent from work without good reason, including as a result of his suspension from work in the cases provided for in Art. 76 of the Labor Code of the Russian Federation;

The time of parental leave until the child reaches the legal age;

The time of unpaid leave granted at the request of the employee for more than seven calendar days (if unpaid leave is granted at the initiative of the employer, they must be included in the length of service for granting holidays).

It should be borne in mind that the length of service, which gives the right to additional annual paid leave for work with harmful and (or) dangerous working conditions, includes only the time actually worked in the relevant conditions.

Periods of time that are not included in the length of service postpone the calculation of the working year and, accordingly, “push back” the boundaries for granting leave.

Example

From April 2 to April 5, he was at military training. From May 6 to May 11, the employee was granted leave without pay. From June 6 to 9, I. was suspended from work due to the fact that he appeared at the workplace in a state of intoxication.

As a general rule, I. should have received the right to annual leave from September 1, 2004. However, the time for the period from June 6 to June 9, 2004 will not be included in the length of service giving the right to receive leave (on the basis of para. 2 h 2 article 121 of the Labor Code of the Russian Federation).

Thus, the 4 days when I. was suspended from work are not included in the length of service, which gives the right to leave. Therefore, I. has the right to take a vacation not from September 1, 2004, but from September 5, 2004.

According to Art. 123 of the Labor Code of the Russian Federation, the order of granting paid holidays is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected trade union body of this organization no later than two weeks before the start of the calendar year.

Holiday schedule - summary schedule. When compiling it, the current legislation, the specifics of the organization's activities and the wishes of employees are taken into account.

Currently, the unified form T - 7 is in force, approved by the Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. The document reflects information on the timing of the distribution of annual paid holidays for employees of all structural divisions of the organization for the calendar year by months.

The vacation schedule is signed by the head of the personnel service and approved by the head of the organization or a person authorized by him, taking into account the reasoned opinion of the elected trade union body (if there is one) of this organization on the order in which paid holidays are granted.

The vacation schedule is mandatory for both the employer and the employee. The employee must be notified of the start time of the vacation no later than two weeks before it starts.

It is necessary to pay attention to the fact that certain categories of employees, in cases provided for by federal laws, are granted annual paid leave at their request at a time convenient for them, in particular:

At the request of the husband, annual leave is granted to him while his wife is on maternity leave, regardless of the time of his continuous work in this organization (Article 123 of the Labor Code of the Russian Federation);

Women - before maternity leave or immediately after it (on the basis of part 2 of article 122 of the Labor Code of the Russian Federation and article 260 of the Labor Code of the Russian Federation);

Adolescents under the age of 18 (according to part 2 of article 122 of the Labor Code of the Russian Federation and article 267 of the Labor Code of the Russian Federation);

Employees who have adopted a child (children) under the age of three months (in accordance with part 2 of article 122 of the Labor Code of the Russian Federation);

Part-time workers in combined work are granted leave simultaneously with annual paid leave for their main job (on the basis of part 1 of article 286 of the Labor Code of the Russian Federation);

Spouses of military personnel are granted leave simultaneously with the vacation of military personnel (see clause 11 of article 11 of the Federal Law of May 27, 1998 N 76-ФЗ “On the Status of Military Personnel”);

Certain categories of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant (see clause 9 of article 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”);

Veterans of the Great Patriotic War, veterans of military operations on the territory of other states, war invalids, labor veterans and other categories of workers specified in paragraph 17 of Art. 14 of the Federal Law of 12.01.95 N 5-FZ "On Veterans";

Persons awarded the badge "Honorary Donor of Russia" (see Article 11 of the Law of the Russian Federation of 09.06.93 N 5142-I "On the donation of blood and its components");

Heroes of the Soviet Union, Heroes of the Russian Federation, full cavaliers of the Order of Glory (see clause 3 of article 8 of the Law of the Russian Federation of 15.01.93 N 4301-1 “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full cavaliers of the Order of Glory”);

Heroes of Socialist Labor and full cavaliers of the Order of Labor Glory (see clause 2, article 6 of the Federal Law of 09.01.97 N 5-FZ “On the provision of social guarantees to Heroes of Socialist Labor and full cavaliers of the Order of Labor Glory”).

In the event of unforeseen situations (for example, an employee's pregnancy, which was not known at the scheduling stage), it is necessary to make changes to the vacation schedule. The established form of the vacation schedule implies the possibility of making such changes, indicating the reason for the postponement of the vacation. You can also recommend in column N 10 of the schedule (“Note”) to indicate that this employee belongs to a privileged category and leave can be granted to him at other times according to the submitted application. This text can be placed both in the specified column and under the graph as a separate note, marking 10 relevant employees in column N.

The basis for making changes to the vacation schedule is an application written in any form.

Leave can be granted both sequentially to one employee after another, and simultaneously to all or some groups of employees at the same time. In the event of an unexpected suspension of work in the organization or in its individual parts (due to an accident, natural disaster, etc.), by agreement between the administration and the trade union committee (if any), vacations can be granted to all groups or some groups simultaneously with derogation from previously established queue.

Postponement of vacation

It is allowed to postpone vacation against the dates specified in the schedule in the following cases, determined by Article 124 of the Labor Code of the Russian Federation:

1) by agreement between the employee and the employer - if the employee was not paid on time during this vacation or the employee was warned about the start time of the vacation later than two weeks before it starts;

2) in exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of the organization's work, in this case, the leave may be transferred to the next working year.

In all cases, leave carried over to the next year must be used no later than 12 months after the end of the working year for which it is granted. The replacement of the unused part of the vacation or the entire vacation as a whole with monetary compensation is not provided for by the Labor Code.

Failure to grant annual paid leave for two consecutive years is prohibited.

In accordance with Article 124 of the Labor Code of the Russian Federation, it is prohibited not to provide annual paid leave to employees under the age of eighteen, and employees employed in work with harmful and (or) dangerous working conditions.

In practice, there are cases when an employer, in order to punish an employee who has committed a disciplinary offense, unilaterally transfers vacation from the summer period to another. This practice does not comply with the current legislation and, in particular, Art. 192 of the Labor Code, which does not provide for the non-provision of annual leave during the summer period in connection with the application of a disciplinary sanction.

Vacation extension

Annual paid leave must be extended in the following cases:

Temporary disability of the employee;

Performance by the employee during the annual paid leave of state duties, if the law provides for this exemption from work;

In other cases provided for by laws, local regulations of the organization.

If incapacity for work or other reasons entailing the need to postpone the vacation occurred before it began, then the new vacation period is determined by agreement between the employee and the employer. If the reasons occurred during the employee's vacation, then the period for returning from vacation is automatically extended by the corresponding number of days, and the employee is obliged to immediately notify the employer about this.

Example

S. Was granted regular annual leave for 28 calendar days from July 1 to July 28, 2004 inclusive. During the period of vacation, S. fell ill, in confirmation of which he provided the employer with a certificate of incapacity for work for 5 days. Therefore, S.'s vacation should automatically be extended by 5 days.

Vacation split

Based on Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days.

Example

The employee asks for 4 days on account of vacation. The employer agrees. Therefore, the employee is entitled to 24 remaining vacation days (28 - 4). The registration procedure is the same as for a regular vacation. An order must be issued, and the employee must be familiarized with it no later than 2 weeks before the start of the vacation. In addition, no later than 3 days before the start of the holiday, the last must be paid.

Example

P. is entitled to a vacation of 28 calendar days. P asked smash vacation in two parts: 14 calendar days in June and 14 days in October. Since the employer did not object, a written agreement was concluded with P., in which it was specified when and how much P. would rest.

It must be remembered that additional leave can be transferred to the next year or replaced with monetary compensation. To do this, the employee must write an appropriate application.

Review from vacation

Early recall from vacation is allowed only with the consent of the employee. Since the current legislation does not provide for the right of the administration, without the consent of the employee, to recall him from leave to work ahead of schedule, therefore, the employee’s refusal to comply with the administration’s order to return to work before the end of the leave cannot be considered as a violation of labor discipline.

If the employee does not object to going to work ahead of schedule, changes should be made to the vacation schedule, providing for the employee to use the rest of the vacation in kind. The unused part of the vacation must be provided at the employee's choice at a time convenient for him during the current working year or added to the vacation for the next working year.

In all cases, even with the consent of the employee, it is not allowed to recall from vacation employees under the age of eighteen, pregnant women and employees employed in work with harmful and (or) dangerous working conditions.

The recall of an employee from vacation is formalized by an appropriate order, which indicates the time when the employee will be granted the rest of the vacation.

Example

A week before the end of the vacation, T. decided to quit and wrote a letter of resignation of her own free will. The administration ordered T. to go to work, to which T. objected and said that she intended to take the rest of the vacation and then quit.

Comments.

T. has the right to take the prescribed vacation in any case. She is not required to return to work immediately after filing a letter of resignation. However, in accordance with Part 2 of Art. 125 of the Labor Code of the Russian Federation, the administration may, if necessary, withdraw T. from vacation, but only after obtaining her prior consent. Then the rest of the vacation will need to be compensated with money upon dismissal ( according to Art. 127 of the Labor Code of the Russian Federation).

Thus, the employee can independently manage his right to dismiss at his own request and apply at any time (including while on vacation or business trip, as well as during absence due to illness).

It should also be borne in mind that the administration can exercise its right and dismiss T. not immediately after the end of the vacation, but, in accordance with Art. 80 of the Labor Code of the Russian Federation, two weeks after the application for dismissal. In this case, she will have to go to work and work one more week after the vacation.

Labor legislation establishes that the calculation of vacation pay is based on the average earnings of an employee.

Based on Part 4 of Art. 139 of the Labor Code of the Russian Federation, to calculate the average earnings for the time of vacations granted to employees and payment of compensation for unused vacations, the average daily earnings are used, which is determined for the last three calendar months by dividing the amount of accrued wages by 3 and 29.6 (average monthly number of calendar days).

Example

K. goes on another vacation lasting 28 calendar days from November 4, 2005. The billing period (August-October) has been fully worked out by the employee. Accrued wages in the billing period amounted to 6000 rubles. monthly.

Average daily earnings are calculated as follows: (6,000 rubles + 6,000 rubles + 6,000 rubles): 3: 29.6 = 202.70 rubles.

The amount of paid vacation pay amounted to 5675.6 rubles. (202.7 rubles x 28 days).

In accordance with Part 5 of Art. 139 of the Labor Code of the Russian Federation, the average daily earnings for paying holidays provided in working days, as well as for paying compensation for unused holidays, is determined by dividing the amount of accrued wages by the number of working days according to the calendar of the six-day working week.

The collective agreement may also provide for other periods for calculating the average wage, if this does not worsen the position of the employees.

Currently, for the calculation of average earnings, the Regulations on the features of the procedure for calculating the average wage are used, approved. Decree of the Government of the Russian Federation of April 11, 2003 No. 213 (hereinafter referred to as the Regulation).

In order to calculate the average earnings for a vacation, you must:

1) determine the billing period;

2) determine whether there is time and amounts in the billing period that must be excluded from this period in accordance with paragraph 4 of the Regulations;

3) determine the actual amount of earnings that the employee received during the billing period and earlier, which is taken into account when calculating the average earnings, minus the amounts accrued during the time that is excluded from the billing period;

4) correctly choose the option for calculating the average daily (average hourly) earnings, which differs for the payment of holidays for employees with summarized and daily accounting for working time;

4) calculate the average daily (average hourly) earnings;

5) determine the number of days (hours) payable;

6) calculate the amount of average earnings by multiplying the average daily (average hourly) earnings by the number of paid vacation days (hours falling on vacation).

Calculation period definition

In accordance with Art. 139 of the Labor Code of the Russian Federation, the billing period for calculating the average earnings for vacation and payment of monetary compensation is three calendar months preceding the month in which the start of the vacation falls or in which an event occurred related to the calculation of vacation pay and compensation for unused vacation (from 1 to 1 -th number).

Organizations have the right, in accordance with Article 139 of the Labor Code of the Russian Federation, to refuse the established billing period of three months and establish a different billing period, but on condition that this does not worsen the position of employees. For example, it may be six months, twelve months, and so on.

The corresponding choice should be fixed in the collective agreement (only in it, and not in any other local act), taking into account detailed calculations to protect the position of workers, and, as it seems, only in agreement with the representative bodies of workers.

Determination in the billing period of time and the amounts to be excluded from this period

According to paragraph 4 of the Regulations, when calculating average earnings, time is excluded from the billing period, as well as amounts accrued during this time, if:

a) the employee retained average earnings in accordance with the legislation of the Russian Federation;

b) the employee received temporary disability benefits or maternity benefits;

c) the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and the employee;

d) the employee did not participate in the strike, but due to this strike he was unable to perform his work;

e) the employee was provided with additional paid days off to care for disabled children and those disabled since childhood;

f) the employee in other cases was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation;

g) the employee was provided with days of rest (time off) in connection with work in excess of the normal working hours with a rotational organization of work and in other cases in accordance with the legislation of the Russian Federation.

If in the billing period the employee was absent from work due to absenteeism, suspension from work, participation in a strike, as well as for other reasons other than the reasons specified in clause 4 of the Regulations, and also if the employee did not work due to downtime due to his fault , working or calendar days falling on this time are not excluded from the billing period.

If the employee for the billing period did not have actually accrued wages or actually worked days, or this period consisted of time excluded from the billing period in accordance with paragraph 4 of the Regulation, the latter is determined based on the amount of wages actually accrued for the previous period of time, equal to the calculated one (clause 5 of the Regulations).

Example

F. was ill from December 23, 2004 to April 1, 2005. From April 8, 2005, F. takes annual leave.

The billing period for vacation pay in this case will be three calendar months before the illness - September, October and November 2004.

If the employee for the billing period and before the billing period did not have actually accrued wages or actually worked days, the average earnings are determined based on the amount of wages actually accrued for the days actually worked by the employee in the month of the occurrence of the event, which is associated with the preservation of average earnings ( clause 6 of the Regulations).

This kind of situation is possible, for example, if an employee goes to work and goes on vacation in the same month.

Example

R. started work on April 15, 2004. From April 26, 2004, she was granted leave in advance for 5 calendar days. Therefore, for the calculation of vacation pay, the period from April 15 to April 26, 2004 will be accepted.

If the employee for the billing period, before the billing period and before the occurrence of the event with which the preservation of average earnings is associated, did not have actually accrued wages or actually worked days in the organization, the average earnings are determined based on the tariff rate of the category established for him, official salary, monetary reward (clause 7 of the Regulations).

Example

U. was hired by transfer from June 17, 2004, and from the same date he was granted leave. According to the employment contract, U. was given an official salary of 2,300 rubles.

The calculation of the average earnings during the vacation due to the absence of the billing period should be made on the basis of a salary of 2300 rubles.

Determination of the actual amount of earnings that the employee received during the billing period and earlier, which is taken into account when calculating the average earnings, minus the amounts accrued during the time that is excluded from the billing period.

At this stage of calculating vacation pay, it is necessary to sum up all the payments that were accrued to the employee for the billing period.

According to clause 2 of the Regulations, for calculating average earnings, all types of payments provided for by the remuneration system used in the relevant organization, regardless of the sources of these payments, are taken into account, which include:

a) wages accrued to employees at tariff rates (official salaries) for hours worked;

b) wages accrued to employees for work performed at piece rates;

c) wages accrued to employees for the work performed as a percentage of the proceeds from the sale of products (performance of work, provision of services), or commission;

d) wages paid in non-monetary form;

e) monetary remuneration accrued for hours worked to persons holding public office;

f) accrued in the editorial offices of the media and art organizations the fee of employees who are on the payroll of these editorial offices and organizations, and (or) payment for their work, carried out at the rates (prices) of the author's (staged) remuneration;

g) wages accrued to teachers of primary and secondary vocational education institutions for teaching hours in excess of the reduced annual teaching load (it is taken into account in the amount of one tenth for each month of the billing period, regardless of the time of accrual);

h) the difference in official salaries of employees who transferred to a lower-paid job (position) while maintaining the amount of the official salary at the previous place of work (position);

i) salary, finally calculated at the end of the calendar year, due to the wage system (it is taken into account in the amount of one twelfth for each month of the billing period, regardless of the time of accrual);

j) allowances and additional payments to tariff rates (official salaries) for professional skills, class, qualification category (class rank, diplomatic rank), length of service (work experience), special conditions for public service, academic degree, academic title, knowledge of a foreign language, work with information constituting a state secret, combining professions (positions), expanding service areas, increasing the volume of work performed, performing the duties of a temporarily absent employee without releasing from his main job, leading a team;

k) payments related to working conditions, including payments due to regional regulation of wages (in the form of coefficients and percentage bonuses to wages), increased wages for hard work, work with harmful and (or) dangerous and other special conditions labor, for work at night, payment for work on weekends and non-working holidays, payment for overtime work;

l) bonuses and remuneration, including remuneration based on the results of work for the year and a one-time remuneration for the length of service;

m) other types of payments provided for by the remuneration system.

It should be borne in mind that material assistance is not wages, and therefore is not included in the calculation of vacation pay.

The list of payments is exhaustive. Other payments not specified in it, for example, dividends on shares, interest on deposits, insurance payments, etc. are not taken into account when calculating average earnings.

Based on clause 14 of the Regulations, when determining the average earnings, bonuses and remuneration actually accrued for the billing period are taken into account in the following order:

monthly bonuses and rewards - no more than one payment for the same indicators for each month of the billing period.

Example

Since February 2, 2004, an employee with a salary of 8,000 rubles. per month, received leave for 28 calendar days. In December 2003, he was awarded a bonus for successfully completing the November task. Its size is 1000 rubles.

The calculation period included November, December 2003 and January 2004.

Therefore, the actual amount of earnings for the billing period will be 25,000 rubles (8,000 rubles x 3 months + 1,000 rubles)

bonuses and remuneration for a period of work exceeding one month - no more than one payment for the same indicators in the amount of the monthly part for each month of the billing period.

These types of bonuses include, for example, quarterly, half-yearly bonuses.

At the same time, the legislation does not determine which premium should be taken into account. Therefore, in the accounting policy, it is necessary to determine how to include the amount of accrued bonuses in the calculation of average earnings.

As a rule, the amount of such payment is determined in the amount of the monthly part for each month of the billing period.

Example

S. goes on vacation from May 17 to June 13, 2005. Her salary is 3,000 rubles. At the same time, in February 2005, S. was accrued and issued a bonus for the 4th quarter of 2005 in the amount of 3,000 rubles.

The billing period is February, March and April 2005. Earnings for these months will amount to 12,000 rubles (3,000 rubles x3 months + 3,000 rubles: 3 months x 3 months).

remuneration based on the results of work for the year, a one-time remuneration for the length of service (length of service), other remuneration based on the results of work for the year accrued for the previous calendar year - in the amount of one twelfth for each month of the billing period, regardless of the time of accrual of remuneration.

Thus, if an employee goes on vacation in May, and the annual remuneration was accrued to him, for example, in January (that is, not in the billing period, which is February - April), it is still included in the calculation of vacation pay - at 1/12 per February, March, April.

Example

D. goes on vacation from July 13 to August 9, 2005. D.'s official salary is 5,000 rubles. In January 2005, according to the results of the year, D. was paid a bonus in the amount of 2,000 rubles.

The billing period will be April, May, June 2005. D.'s earnings for this period will amount to 15,500.01 rubles (5,000 rubles x 3 months + 2,000 rubles: 12 months x 3 months).

Based on par. 5 clause 14 of the Regulations in the event that the time falling for the billing period has not been fully worked out or time has been excluded from it in accordance with clause 4 of the Regulations, bonuses and remuneration are taken into account when determining average earnings in proportion to the time worked in the billing period (with the exception of monthly bonuses paid together with wages for a given month).

If the employee worked in the organization for a part-time period for which bonuses and remuneration are accrued, and they were accrued in proportion to the time worked, they are taken into account when determining the average earnings based on the amounts actually accrued in the manner prescribed by the specified paragraph.

The correct choice of the option for calculating the average daily (average hourly) earnings.

According to clause 8 of the Regulations, in all cases, except for the application of the summarized accounting of working hours, the average daily earnings are used to determine the average earnings.

The average earnings of an employee is determined by multiplying the average daily earnings by the number of days (working, calendar) in the period payable.

According to paragraph 9 of the Regulations, the average daily earnings to pay for vacations provided in calendar days, and payment of compensation for unused vacation is calculated by dividing the amount of wages actually accrued for the billing period by 3 and the average monthly number of calendar days (29.6).

In the event that one or several months of the billing period were not fully worked out or time was excluded from it in accordance with clause 4 of the Regulations, the average daily earnings are calculated by dividing the amount of actually accrued wages for the billing period by an amount consisting of the average monthly number of calendar days (29 ,6) multiplied by the number of months fully worked and the number of calendar days in months not fully worked.

At the same time, the number of calendar days in the months not fully worked is calculated by multiplying the working days according to the calendar of the 5-day working week falling on the hours worked by a factor of 1.4.

Example

R. was granted leave from January 12, 2004 for 28 calendar days. The settlement period is October, November and December 2003.

In October, R. was ill and worked only 11 days according to the five-day working week calendar. The number of calendar days falling on the time worked in October was:

11 days x 1.4 \u003d 15.4 days.

In November, the employee was on study leave and worked only 5 days. In the calculation, the days worked will be converted into calendar days - 7 days (5 days X 1.4).

December was fully completed.

The employee's salary was: in October - 6500 rubles; in November - 1500 rubles; in December - 10,000 rubles.

Average daily earnings are calculated as follows:

(6500 rubles + 1500 rubles + 10,000 rubles): (15.4 days + 7 days + 29.6 days) = 346.15 rubles

The amount of vacation pay will be 9692.20 rubles. (346.15 rubles x 28 days).

If in the billing period, that is, within three months established by the Labor Code of the Russian Federation, there are months in which the employee did not work a single day, and there are months that are partially worked, to calculate the average earnings, you need to sum up the payments accrued for those months of the billing period in which the employee worked. And then divide the amount received by the amount of calendar days that fall on each worked month of the billing period (in this case, if the month is fully worked out, the number of calendar days is taken to be 29.6).

Example

V. goes on vacation for 28 calendar days from May 10, 2004. The settlement period is February, March and April 2004. In February, V. was on parental leave and did not receive a salary. In March, she was ill for 5 days, and April worked completely. In March, V. was credited with 7,000 rubles, and in April - 10,000 rubles. The organization has a five-day work week.

According to the calendar of the five-day working week in March, 22 working days. Of these, V. worked 17 days (22 - 5). In calendar days, this would be 23.8 days (17 days x 1.4).

V.'s average daily earnings are:

(7,000 rubles + 10,000 rubles): (23.8 + 29.6) = 318.35 rubles.

Vacation V. are equal to:

RUB 318.35 x 28 days = 8913.8 rubles.

If in the billing period, that is, within the three months established by the Labor Code of the Russian Federation, no accruals were made to the employee, then the average earnings for calculating vacation pay are determined based on the amount of wages accrued for the previous three months.

If the employee did not work or did not have earnings either in the billing period or within three months before it, then his average earnings should be determined on the basis of wages for the days actually worked before going on vacation.

Example

On July 14, 2003, D. was hired. From 1 September 2003 to 14 September 2003 D. asked for leave, which was granted to him. Thus, the settlement period is from July 14 to August 31, 2003. In July, D. worked 14 days, which is 19.6 calendar days (14 days x 1.4). August was fully completed.

During this period, D. byda accrued wages in the amount of 10,000 rubles.

D.'s average daily earnings were:

10000 rub. : (19.6 days + 29.6 days) = 203.25 rubles

Thus, vacation D. are as follows:

RUB 203.25 x 14 days = 2845.5 rubles.

In the event that the employee has not worked in the organization for a single day and immediately goes on vacation, then payment for the vacation is made in accordance with paragraph 7 of the Regulations, based on the official salary or tariff rate. In this case, the district coefficient is included in the calculation, as well as an allowance for work experience in remote areas, if the employee is entitled to them.

Average daily earnings to pay for vacations granted in workers days, as well as to pay compensation for unused vacations, is calculated by dividing the amount of actually accrued wages by the number of working days according to the calendar of the 6-day working week (clause 10 of the Regulation).

It is impossible not to pay attention to the fact that clause 10 of the Regulations does not mention the phrase “billing period”, as, for example, in clause 9. Based on the literal interpretation of clause 10, it follows that the entire period of the employee’s work, from the date of admission to work until the date of his leave. At the same time, as follows from paragraph 2 of clause 3 of the Regulations, the average earnings for paying holidays and paying compensation for unused holidays are calculated for the last 3 calendar months (from the 1st to the 1st day). Therefore, with regard to the procedure for calculating the average daily earnings to pay for vacations provided in workers days, law enforcers do not have a unanimous opinion. As an illustration, we give specific examples.

Example 1

The employee entered into an employment contract with the organization for the performance of temporary work for two months from July 26, 2004 to September 25, 2004 inclusive.

At the end of the contract, the employee demanded the provision and payment of vacation, the duration of which will be 4 working days (2 months x 2 working days of vacation) from September 27 to September 30, 2004 inclusive.

To pay for vacation, the billing period from July 26 to August 31, 2004 is used, during which all working days have been worked and wages in the amount of 5200 rubles have been accrued.

Example 2

The employee was hired by CJSC "Mashservice" on the basis of an employment contract from September 2 to October 12, 2004. In accordance with the agreement, the amount of monetary compensation is 10,800 rubles. The number of working days for the period of the contract in terms of a 6-day working week is 36 days. Since the employee has worked one full calendar month, he is granted leave of 2 working days. The average earnings for the billing period will be 300 rubles. (10,800 rubles : 36 days). The amount of vacation pay will be equal to 600 rubles. (300 rubles x 2 days).

It seems that the first point of view should be taken as a basis, since in sec. Clause 2, clause 3 of the Regulations clearly defines that the billing period is 3 calendar months and even their time frames are indicated (from 1st to 1st day).

The number of working days in not fully worked months when granting vacations in working days is calculated by multiplying the working days according to the 5-day working week calendar falling on the hours worked by a factor of 1.2.

Example

P. is granted leave in working days (4 days). The settlement period is from July 26 to August 31, 2004. At the same time, in July (from 28 to 30 July) P. was ill. In August, he was also on sick leave and worked for a total of 10 days.

For the actual time worked P. accrued wages in the amount of 3,000 rubles.

The incompletely worked July accounts for 2.4 working days (2 actually worked days x 1.2).

For incompletely worked August - 12 working days (10 actually worked days x 1.2).

Total - 14.4 working days.

The average daily earnings are - 208.33 rubles. (3000 rubles / 14.4 working days).

The amount of average earnings for a vacation is 833.32 rubles. (208.33 rubles x 4 working days of vacation).

When working on a part-time basis (part-time work week, part-time work day), the average daily earnings of an employee to pay for vacations and pay compensation for unused vacations are calculated similarly.

Example

B. established a 4-day work week. From 23 to 30 April 2004 he was granted annual leave. The calculation period includes January, February, March. The billing period has been fully completed. Wages for the months of the billing period amounted to: January - 4000 rubles. official salary, February - 4000 rubles. official salary, March - 4000 rubles. - official salary, 2000 rubles. - monthly premium. Total 14,000 rubles.

The average daily earnings for vacation pay is 157.66 rubles. (14,000: 3:29.6).

The amount of average earnings for a vacation is 1261.28 rubles. (157.66 rubles x 8 vacation days).

If in the billing period B. was ill for one month, then the calculation of the average earnings is made for the time actually worked, that is, for two months (because the time of illness is excluded from the billing period).

When determining the average daily earnings, it must be remembered that public holidays established by federal law are excluded from the billing period.

Based on clause 13 of the Regulations, when determining the average earnings of an employee who is assigned summarized accounting of working hours, average hourly earnings are used. Summarized accounting of working hours is used, in particular, for shift work.

The average hourly earnings are calculated by dividing the amount of wages actually accrued for the billing period by the number of hours actually worked during this period.

The average earnings of an employee for vacation pay is determined by multiplying the average hourly earnings by the amount of working time (in hours) per week, depending on the established length of the working week and by the number of calendar weeks of vacation (when applying this rule, it must be taken into account that, according to the Decision of the Supreme Court RF dated November 18, 2003 No. GKPI 03-1049, this rule is not subject to application from the date of the Decision in terms of its extension to medical workers).

Example

A. a summarized accounting of working hours is established. The normal working time set by the company is 40 hours per week. A. went on vacation from 5 July to 1 August 2004. The billing period is April, May, June.

In April, A. worked 176 hours, in May - 168 hours, in June - 184 hours. (total - 528 hours)

For each month A. was charged 12,320 rubles (total - 36,960 rubles).

The average hourly earnings for the billing period will be 70 rubles. (36,960 rubles : 528 hours).

Average earnings to pay for vacation: 70 rubles. x 40 hours. x 4 weeks = 11,200 rubles.

Example

H. set the summarized accounting of working time. The duration of the working week H. - 36 hours. In April 2004 he was granted leave of 14 calendar days. Ch. worked 432.8 hours in the billing period. The amount of accrued wages for the billing period amounted to 8,000 rubles.

The average hourly earnings for the billing period will be 18.48 rubles. (8000 rubles: 432.8 hours).

Average earnings to pay for vacation: 18.48 rubles. x 36 hours. x 2 weeks = 1330.56 rubles.

In the event that the vacation is less than a calendar week, then the average earnings of such an employee should be determined by multiplying the average hourly earnings by the number of vacation days multiplied by the number of vacation days divided by 7 (the number of days in a week).

Example

N. has a summarized record of working time. The normal working time set by the company is 40 hours per week. N. went on vacation from November 22 to November 25, 2004. The settlement period is August, September, October.

In August and September, N. worked 176 hours. In October - 168 hours. (total - 520 hours). In each month, he was credited with 2000 rubles. (total - 6000 rubles).

The average hourly earnings for the billing period will be 11.54 rubles. (6000 rubles : 520 hours).

Average earnings to pay for vacation: 11.54 rubles. x 4 days of vacation x (4 days of vacation: 7 (number of days in a week)) \u003d 26.31 rubles.

Berezkin I. V. Another vacation. Law, registration, calculation, accounting and taxation // Consultant accountant. 2004. №6

Kurbangaleeva OA Leaves and sick leaves in 2004: registration, calculation, accounting and taxation. Moscow: OOO Vershina, 2004.

Calculation of vacation days in 2019 - an example and a general algorithm for how vacations are calculated can be found in our article. And of course, find out if something has changed in this calculation since 2019.

How vacation time is calculated: basic rules

when sending an employee on vacation and issuing vacation pay;
payment of compensation for unused vacation with or without dismissal.

In both cases, the calculation of calendar days of vacation occurs according to the general scheme. It is based on the basic holiday rule, which is contained in Art. 115 of the Labor Code of the Russian Federation: for each year of work, an employee is entitled to at least 28 calendar days of basic paid leave. As a rule, just such a period of time is provided for rest for employees of most companies.

Study the nuances of granting additional holidays using the materials of our website:

"Additional leave for irregular working hours" ;
“The Supreme Court clarified how to calculate the duration of additional holidays” .

Thus, the first thing to do before calculating the calendar days for calculating vacation is to determine the length of service of the employee in the organization.

IMPORTANT! In general, a person can take a vacation for the first year of work in a new place after working for six months. But by agreement with the employer, you can leave to rest earlier. Rest for subsequent years is provided at any time according to the order of holidays established by the employer.

After the length of service has been calculated, it is necessary to determine how many days the employee is entitled to count on the vacation calendar. You need to proceed from the following: with a generally accepted 28-day vacation provided in calendar days, for each month worked, an employee is entitled to 2.33 days of vacation (28 days / 12 months).

Calculating vacation time

We start counting the length of service from the date the vacationer is hired. In other words, the calculation is carried out not according to calendar, but according to the so-called working years.

Example 1

For an employee who was employed on 04/11/2017, the first working year will be from 04/11/2017 to 04/10/2018, the second - from 04/11/2018 to 04/10/2019, etc.

When calculating vacation days for the worked period of an employee, we take into account the time when he:

directly worked;
actually did not work, but the position was retained for him;
was on vacation at his own expense (but not more than 14 calendar days per year);
was forced to skip work due to illegal dismissal or suspension;
was suspended for failing a mandatory medical examination through no fault of his own.

The answer to the question of whether vacation days are excluded from the calculation of vacation pay is partly positive. So, we exclude from experience:

vacation periods without pay over 14 days;
"children's" holidays;
absence from work without good reason.

How to correctly calculate the vacation period if a holiday falls on it

In Art. 120 of the Labor Code of the Russian Federation, a rule is fixed, according to which non-working holidays falling on vacation are not included in the vacation itself. In practice, there are 2 options for calculating vacation days:

The vacation period is indicated by its start date and the number of calendar days. In this case, the employee leaves the vacation 1 day later.

Example 2

The leave was granted to the employee from 03/04/2019 for 14 calendar days. March 8 is a holiday, so he should start working not on March 18, 2019, but on March 19, 2019.

The vacation period is indicated by its start and end dates. In this case, the used days of rest are the days of the corresponding time interval minus holidays.

Example 3

The leave was granted to the employee from 03/01/2019 to 03/14/2019. There are 14 days according to the calendar. But due to the fact that the March 8 holiday falls on this period, the vacation is considered to be used in the amount of 13 days.

When making a calculation for a vacation in an incomplete month, one should also take into account the calendar days that fall on the worked period, and not just the working days (actually worked). So, holidays, as well as weekends that do not fall under the periods listed in clause 5 of the Regulation approved by government decree No. 922 of December 24, 2007, must be included in the calculation of vacation days as those that fall under the worked period .

Find out how to extend vacation for sick leave during vacation.

How to calculate vacation days in 2019 (example)

Let's give an example of calculating the days of the billing period for vacation in 2019, taking into account the above subtleties and nuances.

Let's say an employee got a job in a company on 06/17/2016.

During his tenure, he:

was ill from 12/04/2016 to 12/12/2016 and from 02/12/2017 to 02/19/2017;
took a vacation at his own expense from 04/07/2017 to 04/13/2017 and from 08/24/2017 to 09/13/2017;
was on paid leave from 06/02/2017 to 06/22/2017, from 03/30/2018 to 04/19/2018, from 08/29/2018 to 09/11/2018.

From 01/15/2019, he decided to quit, having previously taken all the days that he did not use during his work.

see also “How to arrange a vacation with subsequent dismissal?” .

Let's see how many days of paid rest he has the right to count on if the company has adopted a standard vacation of 28 days.

Step 1. Determine the experience.

The total work experience from 06/17/2016 to 01/15/2019 will be 2 years 6 months and 29 days.

We do not touch periods of illness and vacation. They are taken into account in the length of service that gives the right to leave, as non-working periods in which the employee's place of work is retained.

Vacation at your own expense can be included in the length of service within 14 calendar days per working year. We have 2 such periods:

for the working year from 06/17/2016 to 06/16/2017 - 7 days (from 04/07/2017 to 04/13/2017);
for the working year from 06/17/2017 to 06/16/2018 - 21 days (from 08/24/2017 to 09/13/2017).

The second period does not fit into the 14-day limit, which means that 7 days of excess from the length of service will have to be excluded.

Thus, the vacation period is 2 years 6 months and 22 days. We round up to full months, discarding 7 days, and get 2 years and 7 months.

Step 2. We subtract the number of vacation days that the employee is entitled to for the specified period.

This is 56 days for 2 full years and another 17 days for an incomplete year of work (28 days / 12 months × 7 months \u003d 16.33 days. Rounding was done according to the rules adopted by the organization (in accordance with the recommendations set out in the letter of the Ministry of Health and Social Development of the Russian Federation dated 07.12 .2005 No. 4334-17) in favor of the employee Total 73 days.

Step 3. Determine the number of unused vacation days.

During the work period, the employee took vacation three times:

From 06/02/2017 to 06/22/2017. This period fell on a non-working holiday on June 12, so not 21, but 20 days of rest were used.
From 03/30/2018 to 04/19/2018. There were no holidays here, and the vacation was 21 days.
From 08/29/2018 to 09/11/2018. There were no holidays here either, and the vacation was 14 days.

Total unused leaves 18 days (73 - 20 - 21 - 14). Their employee can take time off immediately before dismissal - from 12/21/2018 to 01/15/2019 (including the New Year holidays). So, the calculation of vacation in 2019 - an example with a detailed description, has been made.

Results

How vacation time is calculated: basic rules

when sending an employee on vacation and issuing vacation pay;
payment of compensation for unused vacation with or without dismissal.

Study the nuances of granting additional holidays using the materials of our website:

"Additional leave for irregular working hours" ;
“The Supreme Court clarified how to calculate the duration of additional holidays” .

Thus, the first thing to do before calculating the calendar days for calculating vacation is to determine the length of service of the employee in the organization.

Calculating vacation time

We start counting the length of service from the date the vacationer is hired. In other words, the calculation is carried out not according to calendar, but according to the so-called working years.

Example 1

For an employee who was employed on 04/11/2017, the first working year will be from 04/11/2017 to 04/10/2018, the second - from 04/11/2018 to 04/10/2019, etc.

When calculating vacation days for the worked period of an employee, we take into account the time when he:

directly worked;
actually did not work, but the position was retained for him;
was on vacation at his own expense (but not more than 14 calendar days per year);
was forced to skip work due to illegal dismissal or suspension;
was suspended for failing a mandatory medical examination through no fault of his own.

The answer to the question of whether vacation days are excluded from the calculation of vacation pay is partly positive. So, we exclude from experience:

vacation periods without pay over 14 days;
"children's" holidays;
absence from work without good reason.

How to correctly calculate the vacation period if a holiday falls on it

The vacation period is indicated by its start date and the number of calendar days. In this case, the employee leaves the vacation 1 day later.

Example 2

The leave was granted to the employee from 03/04/2019 for 14 calendar days. March 8 is a holiday, so he should start working not on March 18, 2019, but on March 19, 2019.

The vacation period is indicated by its start and end dates. In this case, the used days of rest are the days of the corresponding time interval minus holidays.

Example 3

Find out how to extend vacation for sick leave during vacation.

How to calculate vacation days in 2019 (example)

Let's give an example of calculating the days of the billing period for vacation in 2019, taking into account the above subtleties and nuances.

Let's say an employee got a job in a company on 06/17/2016.

During his tenure, he:

was ill from 12/04/2016 to 12/12/2016 and from 02/12/2017 to 02/19/2017;
took a vacation at his own expense from 04/07/2017 to 04/13/2017 and from 08/24/2017 to 09/13/2017;
was on paid leave from 06/02/2017 to 06/22/2017, from 03/30/2018 to 04/19/2018, from 08/29/2018 to 09/11/2018.

From 01/15/2019, he decided to quit, having previously taken all the days that he did not use during his work.

see also “How to arrange a vacation with subsequent dismissal?” .

Let's see how many days of paid rest he has the right to count on if the company has adopted a standard vacation of 28 days.

Step 1. Determine the experience.

The total work experience from 06/17/2016 to 01/15/2019 will be 2 years 6 months and 29 days.

Vacation at your own expense can be included in the length of service within 14 calendar days per working year. We have 2 such periods:

for the working year from 06/17/2016 to 06/16/2017 - 7 days (from 04/07/2017 to 04/13/2017);
for the working year from 06/17/2017 to 06/16/2018 - 21 days (from 08/24/2017 to 09/13/2017).

The second period does not fit into the 14-day limit, which means that 7 days of excess from the length of service will have to be excluded.

Thus, the vacation period is 2 years 6 months and 22 days. We round up to full months, discarding 7 days, and get 2 years and 7 months.

Step 2. We subtract the number of vacation days that the employee is entitled to for the specified period.

Step 3. Determine the number of unused vacation days.

During the work period, the employee took vacation three times:

From 06/02/2017 to 06/22/2017. This period fell on a non-working holiday on June 12, so not 21, but 20 days of rest were used.
From 03/30/2018 to 04/19/2018. There were no holidays here, and the vacation was 21 days.
From 08/29/2018 to 09/11/2018. There were no holidays here either, and the vacation was 14 days.

Results

The general formula for calculating employee vacations seems not so complicated. However, it should be borne in mind that there are many cases in which it is necessary to adjust the scheme.

How is vacation granted and when?

In accordance with the Labor Code of the Russian Federation, paid leave must be provided to an employee annually. This implies not a calendar, but a working year, that is, the calculation is carried out not from January 1, but from the day the actual start of work (recruitment).

During the first year of employment, an employee is entitled to paid leave after at least 6 months of service. With the mutual consent of the employee and the employer, leave may well be granted to him earlier. At the same time, if an employee leaves before the end of the first half of the year, the employer will have to provide him with monetary compensation for all unused vacation days.

There are also a number of cases in which the employer is required to provide leave with pay at the request of the employee, even if the period of work was less than six months - for example, if a woman wants to take leave before (or immediately after) maternity leave; if the husband of a woman on maternity leave asks for a vacation; if the employee is a minor and so on.

Starting from the second year of the employee's stay at his place, labor leave is provided in accordance with the vacation schedule adopted at the given enterprise. At the same time, leave may be granted even before the entitlement to it, but not earlier than the corresponding working year begins.

One of the important legal questions: what? Who and how will respond in case of problems?

The travel agency gives you the opportunity to spend your vacation anywhere in the world. We have instructions for opening it.

Settlement period for vacation

The billing period for vacation is understood as 12 previous calendar months. At the same time, the billing period does not include the time when the employee was on unpaid leave, on a business trip, on sick leave, on maternity leave, did not work due to the fault of the employer, or for any other reasons provided for by Russian law.

A separate case is employees with whom an employment contract is concluded for a period of less than two months (for example, for seasonal work). In this case, leave is granted at the rate of two working days for one month of work.

Average earnings for vacation calculation

When calculating the average earnings for vacation, the formula is applied N=P/(12*29.4). At the same time, N is the average earnings, P is the salary accrued for the billing period, 12 is the number of months, and 29.4 is the average monthly number of calendar days.

Calculations become somewhat more complicated if the period has not been fully worked out. The employee could be on sick leave, on time off, etc. for some time.

Then the formula will look like this: N \u003d P / (Z * 29.4 + F), while N is the average earnings, P is the salary accrued for the billing period, 29.4 is the average monthly number of calendar days, Z is the number of fully worked employees calendar months, F is the number of calendar days in partial months.

The formula for calculating vacation, how vacation pay is paid

The basis for calculating vacation pay for each individual employee is his average daily earnings.

To calculate it, divide the total amount earned by the employee during the year by 12. Divide the resulting number by 29.4.

Please note: only payments stipulated in the employment contract should be taken into account. That is, all kinds of one-time bonuses, financial assistance, etc. excluded from the calculations.

The formula for calculating vacation pay in this situation will look like this: N / 29.4xP, where N is the average monthly earnings, and P is the number of calendar days of vacation.

Vacation for part-timers

In accordance with the Labor Code of the Russian Federation, both external and internal part-time workers are also entitled to paid annual leave of at least 28 calendar days.

Leave for a part-time worker is legally granted at the same time as leave at his main workplace. Accordingly, if this is an internal part-time job, then the reporting period for his main position and part-time position coincide. At the same time, at the main job of the part-time job, leave is set in accordance with the vacation schedule, and at the additional job - at the same time. At the same time, it should be borne in mind that if 6 months have not yet been worked out at a part-time job, the employer is obliged to provide leave in advance.

Calculation of vacation compensation upon dismissal, calculation of vacation with subsequent dismissal

Those employees who are dismissed by the employer due to violations of labor discipline, etc. do not have the right to leave with subsequent dismissal. If the employee quits not “under the article”, but of his own free will or by agreement of the parties, the employer can provide him with such a rest, although he is not obliged to do so. At the same time, the vacation period is provided for the entire current year (and not only for those months that were actually worked out in it). But payments are calculated based on actual hours worked.

If the employer does not have the ability or desire to provide the employee with leave before dismissal, he simply pays him compensation for unused vacation days.

Compensation is calculated according to the formula S: 29.4) / 12 * K, where S is the amount of the employee's income for the last calendar year, and K is the number of vacation days (usually 28 days).

For example, suppose that an employee of the company "Rainbow" Viktor Labazov worked for a full 11 months and was about to quit. During this time, he earned 300,000 rubles at Raduga. According to the formula we get: (300000:29.4)/12*28=23809. That is, when leaving, Labazov should receive 23,809 rubles in compensation for unused vacation days.

And now let's imagine that employee Romashkin worked only 6 months and 10 days, while earning 200,000 rubles. Then the calculation formula changes slightly and will look like this: S: 29.4) / 12 * K, while S is the amount of Romashkin's income for the last calendar year, and K is the number of vacation days. It, in turn, is determined by the formula K = 2.33 * N, and N is the number of months fully worked by the employee.

In our example (200000:29.4)/12*14=7924. That is, Romashkin should receive compensation for unused vacation in the amount of 7924 rubles upon dismissal.

Calculation options in different cases

The simplest case is when the billing period has been fully worked out by the employee. For example, suppose Vasily Semochkin, an employee of Solar, is going on vacation for 28 days. During the previous year he received a salary of 30,000 rubles. In this case, we substitute the numbers into the formula: 30,000 / 29.4 x 28 \u003d 28,571.43 (this is the amount of vacation pay that Semochkin will receive).

Calculations are more difficult if the period is not fully worked out. Suppose that an employee of the Romashka company Vasilkov, who receives a monthly salary of 20,000 rubles, is going on a paid vacation for 14 days. At the same time, Vasilkov was on sick leave for 14 days during the billing period, and his salary this month amounted to 10,000, and his allowance was 4,715 rubles.

In this case, you should multiply the size of his salary not by 12, but by 11 months and add 10,000. It turns out 230,000 rubles. Next, we calculate the calendar days for the hours worked: 29.4 days x 11 months + 29.4 days / 30 days x 15 days. We get 338.1. Next, we calculate the average salary for Vasilkov's vacation for these days: 230,000 / 338.1 days = 680.27 rubles. We multiply this number by the number of vacation days (14). In total, Vasilkov should receive vacation pay in the amount of 9,523.78 rubles.

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How to correctly calculate the period of work for vacation. The period for which the next vacation is granted

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How to calculate the working year of an employee?

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How to correctly calculate the vacation period

How to correctly calculate the period of work for vacation

How to correctly calculate the period of work for vacation after maternity leave

How to calculate the period of work for vacation

General provisions

The procedure for calculating the total duration of annual leave

The procedure for granting, transferring, extending and dividing annual paid holidays

Postponement of vacation

Vacation extension

Vacation split

Review from vacation

Calculation period definition

Determination in the billing period of time and the amounts to be excluded from this period

The correct choice of the option for calculating the average daily (average hourly) earnings.

How vacation time is calculated: basic rules

Calculating vacation time

How to correctly calculate the vacation period if a holiday falls on it

How to calculate vacation days in 2019 (example)

Step 1. Determine the experience.

Step 2. We subtract the number of vacation days that the employee is entitled to for the specified period.

Step 3. Determine the number of unused vacation days.

Results

How vacation time is calculated: basic rules

Calculating vacation time

How to correctly calculate the vacation period if a holiday falls on it

How to calculate vacation days in 2019 (example)

Step 1. Determine the experience.

Step 2. We subtract the number of vacation days that the employee is entitled to for the specified period.

Step 3. Determine the number of unused vacation days.

Results

How is vacation granted and when?

Settlement period for vacation

Average earnings for vacation calculation

The formula for calculating vacation, how vacation pay is paid

Vacation for part-timers

Calculation of vacation compensation upon dismissal, calculation of vacation with subsequent dismissal

Calculation options in different cases

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