Every officially employed person has the right to annual leave, which, according to the Labor Code of the Russian Federation, is paid by the employer. Let's look at the basic rules for calculating vacation pay and learn how to use an online calculator to quickly calculate vacation pay.
To calculate vacation pay, follow the Labor Code of the Russian Federation and Government Resolution No. 922 of December 24, 2007 (hereinafter referred to as the Resolution), which regulates the determination of average daily earnings.
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Number of vacation days in 2020
The minimum duration of annual paid leave is 28 calendar days (Part 1 of Article 115 of the Labor Code of the Russian Federation).
From the recent letter of the Ministry of Labor dated September 24, 2019 No. 14-2/OOG-6958, we can conclude that an employee must take 14 days off in a row for the current working year. Let me explain.
The Labor Code of the Russian Federation allows annual paid leave to be divided into parts by agreement of the parties (Part 1, Article 125). In this case, one of the parts must be at least 14 calendar days.
Sometimes an employee urgently needs unscheduled leave - from the next day at his request. In this case, the accounting department usually has difficulty applying and complying with the statutory deadline for payment of vacation pay. In addition, there is conflicting jurisprudence on this issue. ConsultantPlus knows how to properly pay vacation pay in the event of a sudden vacation and avoid administrative liability for failure to meet the payment deadline :
At the personal request of the employee, the employer has the right to postpone the employee’s annual basic paid leave, despite the approved vacation schedule.
In this case, it is necessary to comply with the requirements of Art. 136 of the Labor Code of the Russian Federation, according to which payment for vacation is made no later than three days before its start. If, upon application, the employee is granted leave the next day after submitting the application, and the accountant does not have time to accrue and pay vacation pay within the period established by the Labor Code of the Russian Federation, then... Read the complete decision.
According to the Ministry of Labor, at least 14 calendar days should be part of the annual paid leave for the current working year. If an employee, for example, takes 7 days for the last year and 7 for the current year, the requirement of Part 1 of Art. 125 of the Labor Code of the Russian Federation will not be implemented .
EXAMPLE
The employee has accumulated 7 unused calendar days of vacation over the past working year. He plans to add them to the vacation for the current working year. In this situation, the duration of one part of the vacation in the current year should be at least 21 calendar days (14+7). Then there will be no . That is, the employee must take at least 14 days off in a row for the current working year.
At some enterprises, it is customary to give short-term vacations (1-2 days) due to the large number of unused vacation days. It is important to know that the timing of payment of vacation pay for a one-day vacation has its own characteristics and risks. They are explained in ConsultantPlus:
However, providing employees with leave of a specified duration is associated with certain difficulties and risks for the employer, associated, in particular, with the timing of payment of vacation pay.
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Example 1.
If we are talking about an employee who works 5 working days a week and at the same time:
