While the employee is on vacation, he retains his place of work (position), as well as his average earnings (Article 114 of the Labor Code of the Russian Federation). Already from this norm of the Labor Code of the Russian Federation it is clear that vacation payment is made based on the employee’s average earnings. But in order to understand how vacation is paid, you need to determine for what period this average earnings are calculated, what payments are taken into account and what formula is used to calculate it.

How is vacation paid according to the Labor Code of the Russian Federation?

Calculating vacation in 2019 should traditionally begin with determining the billing period. For most employees working in an organization for more than a year, this is 12 calendar months preceding the month the vacation begins (). Those. When calculating vacation pay, you will need to use the employee’s income received during these 12 months.

In this case, a calendar month is the period from the first to the last day of the month inclusive.

Example. Courier Perelygin S.V. has been working at Kaleidoscope LLC since February 5, 2018. From June 3, 2019, in accordance with the vacation schedule, he must be granted annual paid leave. His average earnings will be determined for the billing period - from June 1, 2018 to May 31, 2019.

Vacation accrual: what amounts are taken into account

The amounts that are taken into account when calculating average earnings are payments provided for by the remuneration system, accrued in favor of the employee in the billing period. This includes salary, bonuses, allowances, etc. (Article 139 of the Labor Code of the Russian Federation, clause 2 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922). However, the following are not taken into account in the calculation:

• social and other non-labor payments, for example, travel, food, utilities employee (clause 3 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922);
• amounts received by the employee for periods when he did not work, but in accordance with the law, his average earnings were retained: travel payments, vacation pay, temporary disability benefits, etc. ().

How is vacation calculated?

The employee can work the pay period completely or partially. Depending on this, different formulas are used to calculate average earnings for vacation.

If the period is worked out in full and leave is granted to the employee in calendar days, then the average daily earnings are determined as follows (Article 139 of the Labor Code of the Russian Federation, clause 10 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922):

29.3 is the average monthly number of calendar days in a year.

If the billing period is not fully worked out, another formula is used:

In turn, the last indicator - the number of days worked in months not fully worked - is determined taking into account the proportion separately for each such month.

A formula that takes into account months not fully worked is used if the employee’s pay period included excluded periods: vacations, business trips, periods of temporary disability, etc. (Clause 5 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).

Having determined the amount of the employee’s average daily earnings, you can calculate the amount of vacation pay (clause 9 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922):

Accrual of vacation in 2019: example

Example 1. Calculation of vacation pay for a fully worked pay period

Manager Safonov A.N. in accordance with the vacation schedule, from May 20, 2019, the next paid vacation for 14 calendar days should be granted. The billing period is from May 1, 2018 to April 30, 2019. The amount of payments taken into account when calculating average earnings was 516,000 rubles.

Solution.

Average daily earnings: 1467.58 rubles. (RUB 516,000 / 12 months / 29.3)

Amount of vacation pay: RUB 20,546.12. (RUB 1,467.58 x 14 days)

Example 2. Calculation of vacation pay for an incompletely worked pay period

Let's use the condition of the previous example and assume that Safonov A.N. from October 10 to October 12, 2018, he was on a business trip, and from March 19 to March 26, 2019, he was on sick leave. The amount of payments taken into account when calculating average earnings was 509,000 rubles.

Solution.

Average monthly number of days worked in October 2018: 26.5 days. (29.3 / 31 days x (31 days - 3 days)).

Average monthly number of days worked in March 2019: 21.7 days. (29.3 / 31 days x (31 days - 8 days)).

Average daily earnings: RUB 1,491.79. (RUB 509,000 / (29.3 x 10 months + 26.5 days + 21.7 days))

Amount of vacation pay: RUB 20,885.06. (RUB 1,491.79 x 14 days)

How is vacation paid under the Labor Code of the Russian Federation 2019 with less than a year of “experience”

If an employee works in an organization for less than 12 months, then the calculation period for him is the period from the date of his hiring to the last calendar day of the month preceding the month the vacation began (clause 4 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922) .

Example. Secretary Biryukova N.A. has been working at Kaleidoscope LLC since February 4, 2019. She wrote an application for leave from May 13, 2019 for 7 calendar days. Billing period in in this case- this is the period from February 4, 2019 to April 30, 2019.

How many days before vacation are vacation pay paid?

The deadline for the employer to pay the employee vacation pay is no later than 3 days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation does not directly indicate which days are coming speech - calendar or work. But according to the explanations of Rostrud, this period must be counted in calendar days (Letter of Rostrud dated July 30, 2014 No. 1693-6-1).

Example. The first day of vacation for leading engineer Mikhailov A.S. falls on Monday 27 May 2019. Accordingly, vacation pay must be paid to him no later than May 23 (Thursday).

If the day of payment of vacation pay falls on a weekend or non-working holiday, the money must be transferred on the previous working day. And if Mikhailov A.S. decided to go on vacation, for example, from May 22, 2019, he should have been paid vacation pay no later than May 17, 2019 (Friday).

Failure to comply with the deadline established for payment of vacation is fraught with a fine for the employer (Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Moreover, according to the Ministry of Labor, the company can be fined even if the employee wrote an application for leave later than 3 days before its expected start (Letter of the Ministry of Labor dated August 26, 2015 No. 14-2/B-644). Although, under such circumstances, the employer, in principle, cannot comply with the requirement of the Labor Code of the Russian Federation to pay vacation pay 3 days before the start of the vacation.

Vacation pay under the Labor Code: how to take into account bonuses

Bonuses are paid to employees on different grounds and at different frequencies. For the purposes of calculating holiday pay, they are taken into account in different ways.

Monthly bonuses that were accrued in favor of the employee in the billing period are included in the calculation, one for each bonus indicator. Premiums for periods of longer duration, but within the calculation period, for example, quarterly, are included in the calculation in a similar way - one for each indicator.

Annual bonuses, as well as one-time payments for length of service (work experience), accrued based on the results of the year preceding the year in which the employee is walking on vacation must be taken into account in the calculation of vacation pay in full (). Moreover, it does not matter whether these payments were accrued during the billing period or after it, as well as before or after the vacation. By the way, in the latter case, vacation pay will have to be recalculated.

Example. Taking into account several bonuses of different “types” when calculating vacation pay.

Sales Manager Grekov I.L. Leave will be granted from May 27, 2019. He has been working at Four Seasons LLC since November 6, 2013. The billing period - from May 1, 2018 to April 30, 2019 - was fully worked out by him. In April 2019, Grekov I.L. a bonus was accrued based on the results of the first quarter of 2019, and annual bonus for 2018. And before that, in March, he was awarded 2 monthly bonuses for sales volumes of seasonal products.

Therefore, when calculating holiday pay, an annual bonus, a quarterly bonus and one monthly bonus for sales volume.

Example. Accounting for the annual bonus paid to the employee after the pay period.

Sales Manager N.N. Stebakov leave was granted from April 15, 2019. The billing period - from April 1, 2018 to March 31, 2019 - was fully worked out by him. The bonus for 2018 was awarded to him on April 8, 2019. Despite the fact that the annual bonus does not fall into the billing period, its amount must be taken into account in full when calculating vacation pay.

And if the bonus for 2018 had been accrued after the employee had already returned from vacation, then the amounts taken into account when calculating average earnings would have to be increased by the amount of the bonus, the amount of vacation pay should be re-determined and the difference should be paid to the employee.

Vacation pay including bonuses for not fully worked pay periods

How is vacation calculated, taking into account bonuses, if the pay period was not fully worked by the employee, or if he had excluded periods? There are 2 options here. If this bonus was accrued taking into account the time actually worked by the employee, then it is included in the calculation of vacation pay in full. Otherwise, the calculation should take into account only part of the bonus, calculated in proportion to the time worked by the employee (clause 15 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922, Letter of the Ministry of Labor dated October 15, 2015 No. 14-1 / B-847). In this case, the proportion is calculated on working days (Letter of the Ministry of Health and Social Development of the Russian Federation dated June 26, 2008 No. 2337-17):

Amount of bonus taken into account when calculating vacation pay = (Amount of bonus accrued in the billing period / Number of working days in the billing period) * Number of working days actually worked by the employee in the billing period

The article explains how vacation pay is paid and wages before vacation, explains how to correctly make calculations.

Each employee has the right to leave, the duration of which is 28 days. In some situations, rest time may increase - for example, working during harmful conditions extends vacation time by 7 days.

Calculation algorithm

The duration and calculation of vacation is influenced by several factors.

1. Seniority. To issue an order giving the right to leave, you need to work in one company for at least 6 months. Early leave is given to pregnant women, minors, and persons who have adopted children under 3 years of age. If the manager agrees, then the rest period is given before 6 months. Sick leave and business trips work time not included. Holidays cannot be used for calculations either.
2. Total duration of rest. The time for payment is taken into account according to the rules of Article 120 of the Labor Code: all calendar days are included in the payment, and holidays are excluded. The main and additional leave are added up. Maximum restrictions do not apply. As a result, the accountant receives the original unit for payment. The number of days payable when an employee goes on vacation is calculated.
3. Salary received during the year. All payments to a working employee for 12 months received under an employment contract are included.

4 payments excluded from calculations:

• payment of sick leave;
• simple;
• payments for the time when a person was not working and caring for relatives or children;
• other payments for the time while the employee did not perform work duties.

Food compensation must be included in the salary if such transfers are provided for in wages.

1. Calculations when an employee goes on vacation are made in rubles. Amounts of compensation and social assistance are excluded when holiday pay is calculated.
2. Average income received in one day. The salary for the past year is taken and divided by 12 months. The resulting amount must be divided by 29.3. Vacation pay is calculated from the standard number of days, i.e. a coefficient of 29.3 is taken. The calculation algorithm is fixed in Article 139 of the Labor Code of the Russian Federation and is supported by court practice.

Funds must be paid by transfer to bank card. Vacation pay depends on the duration of the planned vacation and the average salary. The company is obliged to pay three days before going on vacation. Moreover, this time includes weekends.

How is a vacation worker paid?

Other rules determine how wages are issued. When going on vacation, an employee can only receive wages. Then the reward will be paid according to schedule. The amount of remuneration is calculated according to the terms of the contract signed with the employee.

Important! The law does not prohibit stacking payments, so the company decides how the money is paid out. Vacation pay and wages can be added together. At the same time, the company is obliged to pay the money on time.

Since 2016, wage payment rules have become stricter. Payments are not made less than twice a month. Salaries and advance payments cannot be combined, even if the specialist insists on this option.

Is it possible to exchange vacation time for money?

Employees often wonder what is better – to go on vacation or receive financial compensation. Article 126 of the Labor Code of the Russian Federation makes it possible to exchange rest time for money. The basis for the replacement is an application signed by the employee. Judicial practice also confirms that the statement is prerequisite to pay compensation. The money is transferred on the nearest date of payment of wages.

Nuances

Despite the fact that the payment of vacation pay and wages before a planned vacation is regulated by law, problems arise in practice. Disputes that cannot be resolved between the employee and the employer are resolved by the courts.

6 reasons for disputes regarding vacation pay are as follows.

1. Vacation pay is paid in working days. By general rule, established by Article 12 of the Labor Code, the duration of vacation is considered calendar days. But there are employees for whom time is counted in working days. These include scientists, judges and persons performing seasonal duties. When making calculations, you need to proceed from 6 days working week. The moment of the beginning of the rest and its end are noted. Then you need to convert the data per day.
2. Rest before maternity leave. Pregnant women do not need to work for six months to go on vacation. Payment is made in advance. You won't have to worry about working out.
3. Incorrect payment for labor. All payments are taken into account when calculating vacation pay. It does not matter whether the accountant made mistakes.
4. Taxation of contributions. Payment of wages before vacation is not exempt from taxes.

The procedure for paying contributions has changed. Now the Federal Tax Service receives cash instead of funds. However, this does not affect the procedure for assessing contributions. Contributions are withheld from payments.

1. Inclusion of length of service for part-time work. The day is taken into account in full if the parties included in the contract a condition for an incomplete shift. If a person works for 4 hours, he is paid in full for the day. The rule is based on Articles 93 and 139 of the Labor Code.
2. Payment for vacation, which is divided into parts. Each part of the vacation on which the employee went must be at least 14 days. The parties can negotiate how to provide the remaining time. The payment amount depends on the duration of the vacation. Transfers are made 3 days before leaving for vacation.

Often an employee decides to go on vacation in the middle of the month. The question arises whether the company should pay for days worked along with vacation pay. According to Art. 139 of the Labor Code, 3 days before the planned vacation you must pay for the vacation itself. The manager is not obliged to pay for the time worked, so the employee is entitled only to wages. Payments are made on the day established by the collective agreement or employment contract.

In children's preschool educational institution in 2018, from 23 to 27 people worked in different months, in 2019 - 27 people (of which one employee is on maternity leave). In what order should an institution submit to the Social Insurance Fund the information necessary for the appointment and payment of benefits for temporary disability, pregnancy and childbirth, the birth of a child and other benefits related to maternity: in electronic form or on paper (the institution is located in a constituent entity of the Russian Federation participating in the pilot project)? The buyer - a VAT payer has the right to take advantage of the deduction of the tax presented to him on goods, works, services, property rights if the requirements prescribed in Art. 171 and 172 of the Tax Code of the Russian Federation conditions: the purchase is intended for a transaction subject to VAT and is registered, the buyer has an invoice issued accordingly. However, if this document is received late, the taxpayer may have additional questions. For what period should the deduction be claimed? How can it be transferred to subsequent tax periods and not miscalculate the deadline allotted by the legislator for this event? Is it possible to defer only part of the deduction? Four courts, including the Supreme Court of the Russian Federation, denied citizen Zh. the right to register a new LLC “D”. The formal basis for this refusal was the applicant’s failure to provide certain Federal law documents, namely that the application in form P11001 does not contain information about the person who has the right to act on behalf of the legal entity without a power of attorney, about the address of the permanent executive body legal entity within its location, and there are also signs that the founders do not have - legal entities LLC “P”, LLC “B” and their managers have the opportunity to exercise management in the legal entity being created.

Changing the VAT rate in itself does not seem to cause difficulties for accounting employees. Indeed, you charge large amounts to be paid to the budget and that’s it... However, difficulties may arise during the transition from a lower rate to a higher one. In this article we will provide an overview of the latest explanations from officials on this topic related to the performance of work and the provision of services.

In April 2019, an error was identified: depreciation was not accrued for library collection objects accepted for accounting and put into operation in August 2018. What corrective entries need to be made in budget accounting?

The current Labor Code of the Russian Federation secures the right of each employee to leave, the duration of which will be at least 28 days. Dear readers! The article talks about typical solutions legal issues , but each case is individual. If you want to know how solve exactly your problem

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The employee has the right to demand payment of vacation funds.

The right to take annual paid leave arises for each employee after the first six months of fulfilling work obligations with a particular employer.

Vacations are issued in accordance with the vacation schedule. It can be divided into several parts, but it is important to comply with the condition - the main part must last more than 14 days ().

When should vacation pay be paid? Is it possible to pay vacation pay earlier than 3 days in advance? These questions do not lose their relevance even with the passage of time.

Accrual

• In accordance with the Labor Code of the Russian Federation, when determining the billing period, the following points are not taken into account:
• holding strikes during which work obligations by employees are not fulfilled (other similar events);
• business trips;
• downtime in work activities;
• time off at your own expense, by agreement with the employer;

When determining the amount of money received by an employee during the pay period, social support measures are not taken into account.

For example, benefits paid in connection with the registration of sick leave, funds that compensate for travel to the place of work, food, etc.

is made according to the following formula (if the billing period has been worked out in full):

Average earnings per day = wages / (duration of the billing period * 29.3)

29.3 – coefficient that determines the average number of working days in a month. It was approved by the Labor Code of the Russian Federation, and this legislative act additionally regulates that payment for a month not worked in full should be made separately.

Dates of issue

The dates in which vacation funds must be paid are established by current legislation.

In accordance with it, the minimum time for calculation is before the planned vacation.

Questions often arise related to the nature of the calculation of three days - are calendar or working hours taken into account?

The legislator does not answer this question, but, as shown arbitrage practice, the employer is obliged to reimburse compensation three calendar days before the start of the vacation.

Labor Code

The Labor Code of the Russian Federation regulates the procedure for calculating vacation funds, as well as their payment. The legislator establishes that compensation is paid from the employer’s wage fund.

A similar fund in mandatory is formed in every enterprise and organization.

Is it possible to pay vacation pay earlier than 3 days in advance?

Is it possible to pay vacation pay earlier than 3 days in advance? Not only employees, but also employers seek an answer to this question. Yes, the law provides for the possibility of paying vacation funds earlier, for example, 14 days before going on a planned vacation.

Statistics show that most employers do just that - they pay funds less than three days in advance.

This will allow you to avoid solving problems that may arise not through the fault of management, but, for example, due to a disruption in the functioning of the banking system.

Weekends and holidays

If the last three days before the vacation fall on a holiday or day off approved by the organization’s schedule or the state, then the money is credited until that day.

If deadlines are violated, employers can assure the employee that this is an exception, but it is important to know that this is not provided for by law.

The employer must take into account the work schedule banking enterprise, if the funds are transferred to them not in cash, but by bank transfer, for example, by crediting to a bank card.

If the banking structure has a holiday on the day of the transfer, then the money must be transferred before it occurs.

When going on maternity leave

ST. 260 of the Labor Code of the Russian Federation establishes the right of every employee planning to use an annual paid salary or after its completion.

In this case, the duration of the vacation will be determined on a general basis, and the same applies to its payment.

An employer cannot refuse to provide leave to a pregnant employee, even if it is not arranged in accordance with the vacation schedule.

It is recommended to notify management of your desire to go on vacation ahead of schedule several weeks in advance. This time will be enough for the employer to resolve several organizational issues, including hiring a temporary employee.

Upon dismissal

The employee has the right to receive compensation paid for unused vacation. To begin with, the average wage per day paid to the employee during the billing period is calculated.

Then the following formula is used: Amount of compensation for unused vacation = average salary per day * number of vacation days.

When calculating vacation funds, it is important not to take into account weekends and holidays - they are not added to the vacation, and therefore are not paid.

The money must be transferred to the employee on the day of dismissal, otherwise he has the right to appeal statement of claim to court.

The basis for the appeal is violation of payment deadlines.

Consequences of delay

Art. 236 of the Labor Code of the Russian Federation establishes that the employer is liable if the terms of payment of vacation funds are violated. If they have not been met, then it is necessary to pay the funds, taking into account accrued interest or compensation.

Any officially employed citizen has the right to leave. In this case, before legal rest, the authorized employee is obliged to pay the employee vacation pay. Let us examine in more detail when vacation pay is paid, how to calculate the amount of payments and other nuances related to the employee’s rest.

What is vacation

Vacation, according to legal norms, is considered to be temporary release from work for a certain period of time. A citizen has the right to use this time for rest, solving personal problems and other issues. During the vacation, the employee retains workplace and position.

The law distinguishes several types of leave:

1. Annual. Mandatory paid vacation.
2. Going on maternity leave. Provided during the last stages of pregnancy, after childbirth and during child care.
3. Student. Possible to take when passing exams, defense theses, getting more highly qualified and so on.
4. Temporary disability. Provided during illness.

Let's talk in more detail about annual leave and when vacation pay should be paid.

Order

In order to find out what the system for calculating funds for vacation is, and especially when vacation pay is paid Labor Code, you need to pay attention to the procedure for providing such rest.

Many people know that a full vacation, paid for by the organization, can be taken no earlier than six months later. continuous operation in this company.

Paid leave can be granted before the end of six months of work only in the following cases:

• a woman before or immediately after maternity leave;
• an employee who is under 18 years of age;
• an employee who adopted a child under 3 months;
• other situations provided for by law.

After the first year of work, the employee has the right to take leave at any time, according to the priority established by the company.

Annual leave must be entered into a special schedule and agreed upon with the employee himself. In addition, the employee has the right to reschedule rest and divide it into parts. These actions must be coordinated and not infringe on the rights of other employees.

What the law says

Labor law of the Russian Federation regulates the duration of paid leave. It is 28 days. Extended annual leave can be granted in those cases specified in the Labor Code of the Russian Federation.

The payment of vacation pay is also established by law. Payment will depend on the billing period, average salary, and the employee’s income for the billing period. The billing period is usually considered to be the entire period of time that a citizen worked before the vacation.

The amount of vacation pay is calculated by a certain method, which is established in the accounting department. In this case, all norms of labor law and legislation in general should be taken into account.

What amounts should be included in the calculation?

When calculating average earnings for a working year, it includes those payments that are approved by the organization. Such payments include:

• salary at the approved rate;
• compensation for overtime work;
• premium;
• other payments for labor performance.

But there are payments that can be issued along with the salary, but will not be taken into account when calculating vacation pay. This:

• travel payment;
• compensation for food and the use of personal transport;
• sick leave;
• other non-labor or social benefits.

Calculation

The payment of vacation pay directly depends on whether the employee has worked the pay period. For those employees who worked 12 months in full before the vacation, the formula for calculating vacation pay will be as follows:

Average daily earnings = payments for the billing period/12 months/29.3, where

29.3 is the average number of days per month in a year.

In the event that the billing period is partially worked out, the following formula for calculation:

Average daily earnings = payments for the billing period/(29.3*number of full months worked + number of days worked in an incomplete month).

Average number of days worked in an incomplete month = 29.3/total number of days in an incomplete month * number of days in the time worked in a particular month.

This calculation is acceptable in those months when the employee had excluded periods. This:

• vacation;
• business trip;
• time of incapacity;
• other intervals.

Once the average earnings have been calculated, the amount of vacation pay can be calculated. This can be done using the following formula:

Vacation pay = average earnings * number of vacation days.

The authorized person involved in the calculation of vacation pay must comply with the procedure and timing of payment of vacation pay.

When is it paid?

Every employee who is authorized to calculate and accrue funds is required to know when vacation pay is paid? The legislation established for this certain period- three days before the start of the holiday.

But this issue also has its own nuances. For example, what to do if the accrual date falls on a weekend and the accounting department is closed. In this situation, the money must be transferred on the last working day before the weekend. The same applies to holidays. According to the law, none of the holidays, especially long ones, can interfere with the payment of vacation pay.

Therefore, if vacation starts on Monday, when are vacation pay paid? Funds can be transferred on Friday. In addition, tax is also charged on vacation pay. This fact should not be forgotten when calculating funds.

Another fact that cannot but concern employees is whether vacation pay is paid along with their salary or not? The law does not provide for such a rule. Not a single legislative act speaks of this as an obligation, which means that the employer should not pay both wages and vacation pay at the same time. The employee must receive vacation pay three days before the rest, and the salary must be accrued on time.

Documentation

So we found out when vacation pay is paid. Next, we will consider what documents are involved in granting leave. The main package of documents consists of:

1. Entering information about the rest period into the vacation schedule.
2. Employee application for annual leave.
3. Notifying the employee about the upcoming vacation.
4. Organizational order to provide paid leave.
5. Payment of vacation pay (how many days before the vacation was discussed earlier).
6. Entering information about vacation into a personal card.
7. Displaying the vacation period in the working time sheet.

Late payment

It is officially established when vacation pay is paid according to the labor code - no later than three days before the start of the vacation. Does the employer have the right to violate this deadline?

An important function of any manager is the non-violation of employee rights. This also includes timely payment of all due funds. Consequently, the Labor Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation and other legislative acts establish various measures of liability for failure to fulfill the direct obligations of the head of the organization. This also includes late payment of vacation pay.

Legal rest and vacation pay are a serious matter. Every leader must take this responsibility seriously. Today, the law clearly regulates fines for late payment of money for vacation: according to the rate of the Central Bank of the Russian Federation, this is 1/300. It does not matter at all for what reasons the employer delayed payments.

Responsibility

According to labor law, the last day of payment of vacation pay cannot exceed 3 days before the employee goes on vacation.

If the employer violates the established deadlines, then for a single violation:

• the organization may be fined from 30,000 to 50,000 rubles;
• entrepreneur - from 1,000 to 5,000 rubles.

In case of repeated violation:

• the organization must pay from 50,000 to 70,000 rubles;
• entrepreneur from 10,000 to 20,000 rub.

Many people believe that the fine is not large enough. The employer must feel responsible for what he has done, and such fines do not give him such an opportunity.

Employee actions

What should an employee do if due payments they never came to him? There are several options:

• Transfer the required rest to another time (some companies practice similar pressure on employees) when the organization’s financial situation has stabilized.
• File a complaint with labor inspection or to the prosecutor's office. This method is effective because the employer will immediately find the required amount, but it can hardly be called optimal. Such complaints can worsen the reputation of the employee himself and the prestige of the organization in which he works. Moreover, due to a complaint to these authorities career will be closed to the employee (this is illegal, but practiced).

Actions upon dismissal

If an employee is fired, when is vacation pay paid? In this case, it would be correct to say that the employer does not pay the vacation pay itself, but compensation for unused vacation. Such compensation is paid along with the rest in cash during employee payout.

An employee can write an application to be granted non-vacation leave with subsequent dismissal. In other words, an employee can first rest and then quit. The last day of vacation will be considered the day of dismissal. The exception is the dismissal of an employee for his guilty actions.

If the employee was employed under fixed-term contract, he may also demand leave followed by dismissal. Moreover, the vacation period may extend beyond the expiration date of the contract, either partially or completely. In this case, the last day of vacation will be considered the day of dismissal.

In the event that an employee resigns due to at will, and he is entitled to leave followed by dismissal, the resignation letter can be withdrawn until the day of termination of the contract. The exception is an invitation to in writing another employee to replace the resigning employee.

Guarantees

During vacation, the employee is provided with certain guarantees. While he is resting, the following are saved for him:

• workplace;
• job title;
• average earnings.

In addition, in addition to the standard annual paid leave, an employee can count on additional rest. Similar holidays are provided:

1. Employees who are engaged in production with hazardous or dangerous conditions. It is legally established that the duration of rest cannot exceed a week. But exact time additional rest may be indicated in employment contract. If the total duration exceeds the minimum established period, the employee can take monetary compensation for the period that exceeds the period of additional rest.
2. Employees with a special nature of work. The list of such employees who are entitled to additional leave, as well as the temporary period of such rest, is compiled by the Government of the Russian Federation.
3. Employees who have irregular working hours. Additional leave in this case is determined by the collective agreement and the internal regulations of the organization. Its duration cannot be less than three days. Additional holidays for workers with irregular working hours can be provided in federal government agencies regulations government of the Russian Federation, in state institutions of a constituent entity of the Russian Federation, regulatory acts of state authorities of a constituent entity of the Russian Federation, in municipal institutions regulatory legal acts of local government bodies.