Friday, September 13, 2019

Less, more or equal to salary: what you need to know about vacation pay

Everyone has the right to leave and vacation
By law, every worker has the right to 28 days of vacation per working year. Some professions - doctors, teachers, workers in hazardous industries - have more holidays.

You can exercise the right to leave after six months of work in the company. Each worked month “costs” 2.33 days of vacation. After six months, the new employee has exactly 14 days of rest. By agreement of the parties (that is, if your employer does not mind), you can go on your first vacation in a new place and before the expiration of six months of work. This is called an upfront vacation.

There are still special categories of workers to which the employer is obliged to grant leave before the expiration of six months of continuous work. In particular, these are women before maternity leave or immediately after it, minor workers, part-time workers (they are entitled to leave at the same time as leave from their main job), as well as those who raise a disabled child, and have many children with three or more children 12 years (Articles 122, 286, 262.1, 262.2 of the Labor Code of the Russian Federation).

Holidays do not include public holidays. If you took 10 days of rest, and it falls on them on June 12, then going to work will be postponed - the holiday is postponed to the working day. But additional vacation pay for such a holiday day is not paid.

Holidays that you have not spent are accumulating. But the boss will be fined if the employee has not been on vacation for more than two years (Article 124 of the Labor Code of the Russian Federation and Article 5.27 of the Administrative Code of the Russian Federation). For the employee, the vacation schedule is also a mandatory document. Refusing vacation means violating the internal work schedule (Article 192 of the Labor Code of the Russian Federation). For this, the employee may face disciplinary action and even dismissal.

Money instead of vacation - only upon dismissal
In some cases, the employer compensates the employee for unspent rest days. Do not go on vacation, but you can take money in two cases.

Upon dismissal, when there are unspent vacation days
If an employee decided to quit, the company will reimburse him for unspent leave. For example, a person worked for six months and “accumulated” his 14 days. He wrote a letter of resignation, but was not on vacation. In this case, the company will pay compensation for these 14 days.

And vice versa: from the one who worked the first six months, managed to walk off 28 days and then decided to quit, they can withhold part of the payments. Because the employee walked off half of this period, as it were, in advance. By law, it is possible to withhold no more than 20% of the salary paid upon dismissal. If they do not cover the debt, the balance can be obtained only if the employee agrees to return it voluntarily.

For days beyond the usual 28 (for some professions)
If you are a teacher or a doctor, you are not going on vacation, but want to receive payments, you can write a statement addressed to the head. To pay or not - remains at the discretion of the authorities. It should be borne in mind that money does not compensate for the entire vacation, but only days over compulsory 28.

According to vacation pay
The procedure is as follows: two weeks before the vacation, an order is drawn up and the employee signs it; then make up a note-calculation, which indicates how much vacation pay should be. Calculation can be requested in accounting.

According to the law, payments must be made no later than three days before the vacation. This is taking into account weekends, holidays and working days. If for some reason the employer is late in payment, the employee can sign an agreement so that the money is transferred to his card with a slight delay.

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