According to the Labor Code, in our country every working citizen has the right once a year to take a vacation. At the same time, the enterprise is obliged not only to pay for it, but also to keep the employee's place of work and position. However, some irresponsible leaders, using the illiteracy of their subordinates, do not always respect their legal rights. To prevent anything like this from happening to anyone, let's figure out how many days vacation pay is paid, and how the amount of payment is calculated.
What does the law say?
Let's dwell on this in more detail. Every citizen has certain rights established by the constitution. So that they are not violated, you need to have at least a general idea of them. Therefore, before considering the terms of payment of vacation pay, you need to understand a little about the basic legislative norms. The Labor Code provides every person with an official place of work the right to take paid leave of 28 calendar days. For certain categories of professions that are associated with difficult or harmful working conditions, the duration of a well-deserved rest may be longer. Moreover, the law provides for the payment of vacation pay to the employee, the amount of which is equal to the average annual wage.
The calculation of vacation days and the amount of payments are carried out according to a special formula, which will be discussed later in this article. Now it’s worth saying that the averaged indicators are taken, and various allowances and social benefits are also taken into account. In this case, the payment must be made by the employer in a strictly specified time. If there is a delay in it, then the employee must be additionally paid compensation. This is clearly spelled out in article 136 of the Labor Code of the Russian Federation, therefore, if the management neglects the law, then you can file a complaint with:
- trade union organization;
- inspection to protect the rights of the working population;
- the prosecutor's office;
- labor dispute resolution commission;
- court.
How many days are vacation pay paid? According to a special resolution of Rostrud, an employee on leave must receive benefits no later than three calendar days before it begins. It is worth noting that the management of the company may transfer money to the employee’s account earlier, but here everything is at his discretion.
Leave procedure
So, we learned that the payment of vacation pay for 3 working days is a standard practice that all state and commercial organizations adhere to. However, it is very important to observe the correct procedure for dismissing an employee from work. The Labor Code says that only those people who have a certain uninterrupted length of service at their last job are entitled to leave. As a rule, this period is one year. However, the vast majority of average citizens do not know that in order to receive paid leave it will be enough to work only 6 months.
At the same time, the time provided for rest must be agreed with the employee and reflected in a special vacation log. The employee is also issued a cash warrant, according to which he will be able to receive money in the accounting department. At the request of the working party, the leave may be divided or postponed, but not more than two years.
How are benefits accrued?
This aspect should be given special significance. The procedure for paying vacation pay is strictly regulated by law.In case of non-compliance, a private entrepreneur or legal entity will be required to pay a fine. The procedure for calculating the amount of benefits is quite simple. Its algorithm is as follows:
- The billing period is determined. As a rule, it is 1 year from the moment of the previous vacation or employment. If the employee has not worked a full 12 months, then the interval is determined individually.
- Further, a non-payable period is excluded. It includes public holidays and other days on which the employee was legally absent from the workplace.
- When a billing period is determined, the personnel department calculates the exact amount. For this, the number of days is multiplied by the average wage, which is accrued for one full shift, after which personal income tax is taken away from the size of vacation pay.
When all calculations are completed, the employee receives a cash order and goes to the accounting department of the company to receive payment. In addition, vacation pay can be credited to a bank card.
What affects the size of benefits?
So what do you need to know about this? When calculating vacation days and average wages, additional benefits provided by the company, as well as allowances for harmful or physically difficult working conditions, are also taken into account. These include:
- salary according to the established tariffing;
- overtime compensation;
- Prizes
- additional payments for good performance indicators.
In addition to this, vacation pay may also include compensation for travel expenses on public transport, payment of fuel and repairs when using a personal vehicle for the enterprise, sick leave and other social benefits.
Payment terms
This is no less important than calculating benefits. Therefore, in order to protect their rights, every working citizen must know how many days vacation pay is paid. The Labor Code of the Russian Federation says that funds should be credited no later than three days before the start of the vacation. However, there are some nuances that need to be taken into account. For example, there may be shifts in payments if they fall on weekends and there are simply no accountants in the workplace. In this case, the money transfer must be confirmed on the last business day. A similar situation is with public holidays.
Another important issue that concerns many people is whether it is possible to pay salaries along with vacation pay. Everything here remains at the discretion of the employer, since not a word is said in the legislation on this subject. Therefore, a well-deserved rest allowance can be credited 3 days before its commencement, and wages are paid in accordance with the established deadline.
3 business or calendar days?
The legal deadlines for vacation pay were discussed above. But many people are interested in what kind of days in question - calendar or workers. Unfortunately, everything is not entirely clear on this issue, since the Labor Code does not provide any clarification on this subject. Also, there were no trials in judicial practice, therefore, disputes between workers and employers continue to this day.
Responsibility for failure to meet deadlines
So, now you know how many days vacation pay is paid, so if the money does not arrive on time in your bank account, you can file a complaint with the employer. However, such a need arises very rarely, as business owners try not to violate deadlines, because punishment is assumed for their non-compliance. It can be not only material, but also administrative and even criminal. Therefore, jokes are bad with the law, and employers know this.
For vacation or dismissal, the employee must be paid the compensation provided for by the collective or labor contract. But there is one big "but."The amount of monetary compensation for the delay in payment of vacation pay may not be less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay. Therefore, the calculation of the calculation period must be approached very seriously, paying special attention to weekends and holidays.
A few words about personal income tax
Most people get vacation pay before vacation. However, no application for payment is required. Each company must keep a special register of working hours and the provision of annual leave. As soon as any of the employees has a suitable rest period, the head of the enterprise issues an order. The employee must read and sign the document. If you need to transfer the vacation, you need to submit an application of the established form for the director in 2 weeks. As for the payment of personal income tax, accounting is engaged in this. She herself deducts the required amount of tax, and the person already has the final amount.
Change of terms of payments
On January 1, 2018, amendments to the Labor Code entered into force, according to which the day of vacation pay can be postponed. In the event of a similar situation, the head of the company draws up a document in which the following information should be reflected:
- the amount of wages accrued for a certain month;
- the amount of fines and deductions, if any;
- additional payments and severance pay.
As for the payments themselves, they must be made at least 3 days before the start of the vacation period. Also, the employees retain the right to go on paid vacations, provided that they have worked for 6 full months at the enterprise. At the same time, vacation can be taken in fractional parts for at least 1 day. But for this you need to file an application in advance in the name of the head of the enterprise.
What do you need to go on vacation?
As for the cases when an employee is entitled to compulsory rest after a full 12 months, nothing is needed from him. The human resources department monitors this and upon the due date he will prepare all the documentation and make the calculations. All this happens according to the following scheme:
- The personnel officer sends the employee a written notice of upcoming retirement.
- An application is addressed to the director.
- The director signs it and issues the corresponding order.
- The employee is paid vacation pay.
According to what principle the amount of payment for the rest is calculated, it was told earlier. The higher the hourly rate and the more continuous work experience, the more solid the reward will be.
Material assistance and wellness benefits
If a person has unforeseen financial difficulties, he can contact the head of the organization and write an application for a cash payment. It is made regardless of the date of payment of vacation pay or basic salary. The same applies to cash payments aimed at improving or treating employees working in difficult or harmful production conditions. It is worth noting that the category of financial assistance may also include a refund of the cost of tickets to a sanatorium or dispensary. Such payments are provided for in the legislation and are mandatory for representatives of certain professions, therefore employers must make them regardless of their desire. Failure will be regarded as a violation for which punishment is supposed.
Conclusion
This article has given a detailed answer to the question of when vacation pay is received. Every person who works officially must have an idea of the procedure for calculating and paying them. This is due to the fact that many individual entrepreneurs do not sin to neglect the Labor Code and in every way violate the legal rights of employees. If you encounter a similar problem, then do not need to be silent.First of all, refer to the manual and try to find out why you were not paid on time. If a clear answer does not follow, then file a complaint with the union or higher authorities. Do not be afraid to assert your rights. No one will be able to fire you or fine you for this. But, as practice shows, in most cases no problems arise, vacation pay is credited to the account on time.