The employee was hired by a budget organization at his main place of work at 0.5 rate on April 23, 2021. He is not a young specialist. With a standard working time of 166.00 hours, he worked 20.00 hours. Payment of insurance premiums for April 2021 was made on May 5, 2020. Previously, insurance premiums were not paid for the employee (he was hired for the first time). From May 27 to June 1, 2021, he was on sick leave.
Is the employee entitled to temporary disability benefits?
It has, in a minimal size.
The state social insurance system provides benefits for temporary disability (subclause 2.1, clause 2 of the Regulations). They are prescribed in the following cases:
– loss of ability to work due to illness or injury at home, carrying out sanitary and anti-epidemic measures;
– caring for a sick family member, incl. caring for a sick child under 14 years of age (disabled child under 18 years of age) (hereinafter referred to as caring for a sick family member);
– care for a child under 3 years of age and a disabled child under 18 years of age in the event of illness of the mother or another person actually caring for the child;
– care for a disabled child under the age of 18 in the event of his sanatorium-resort treatment or medical rehabilitation;
– prosthetics carried out as part of the provision of medical care in an inpatient setting of a prosthetic and orthopedic organization.
The right to benefits is granted to persons working or carrying out another type of activity who are covered by state social insurance and for them, as well as by themselves in cases provided for by the legislation on state social insurance, mandatory insurance contributions are paid to the budget of the state extra-budgetary fund for social protection of the population of the Republic of Belarus ( part two subclause 2.2 clause 2 of the Regulations).
Benefits to persons for whom or for whom, in cases provided for by the legislation on state social insurance, mandatory insurance contributions to the budget of the social insurance fund were paid less than 6 months in total before the right to benefits arose (except for benefits for temporary disability due to illness or injury , assigned to young specialists and young workers (employees)), are assigned in the minimum amount (part one of clause 17 of the Regulations).
The minimum amount of benefits for a calendar month is 50% of the largest subsistence level budget (hereinafter referred to as BMS) on average per capita, approved by the Ministry of Labor and Social Protection, for the last 2 quarters relative to each calendar month of release from work or other activity according to a certificate of incapacity for work (part four clause 16 of the Regulations).
The minimum amount of benefits for an incomplete month is defined as the value obtained by dividing the minimum amount of benefits for a full month by the number of calendar days of a given month, followed by multiplying the result by the number of calendar days of release from work due to temporary disability in that month (part five of clause 16 Regulations).
In the case under consideration, the employee has the right to temporary disability benefits, since insurance premiums have been paid for him. However, since contributions have been paid for less than 6 months, the benefit is paid at a minimum amount.
The BPM value from May 1 to July 31, 2021 is 246.78 rubles.
The minimum amount of benefits for 5 calendar days of incapacity for work in May 2021 is determined based on the BPM value of 246.78 rubles:
(246.78 x 50%) / 31 x 5 = 19.90 rub.
The minimum benefit amount for 1 calendar day of disability for June 2021 will be:
(246.78 x 50%) / 30 x 1 = 4.11 rub.
Document:
Regulations on the procedure for providing benefits for temporary disability and pregnancy and childbirth, approved by Resolution of the Council of Ministers of the Republic of Belarus dated June 28, 2013 No. 569 (hereinafter referred to as the Regulations).
Read also:
- Calculation of sick leave in the minimum amount
Vacation after six months of work: is it possible?
If an employee, having worked continuously for six months, demands to be allowed on paid leave, the employer does not have the right to refuse him . Since an employee can use his right to rest after six months of work.
But this case has its own characteristics:
- Each company has its own algorithm for employees to submit vacation requests, and usually a schedule is drawn up before this. Therefore, when requesting unscheduled leave after working for six months, you need to be prepared for the employer’s refusal. After all, another employee may have scheduled vacation.
- The usual length of leave is 28 days. But often the manager divides this figure into parts. This issue must be discussed with employees and agreed upon by both parties.
- If an employee quits after working for six months, the manager’s responsibility is to compensate him for unused vacation in cash.
- In the case where an employee, after working for six months, goes on vacation, and then quits without working for a year, upon dismissal he must compensate for the amount of vacation that was provided to him in advance.
- A minor employee can apply for leave without waiting for the expiration of 6 months.
I’ve been working for a little over 5 months, I want to quit, what’s the best way to do it, | Syktyvkar
Any employee has the right to resign at his own request (Article 80 of the Labor Code of the Russian Federation). To do this, you must notify the employer in writing by submitting a corresponding application.
An employee has the right to resign at any time (Part 3 of Article 80 of the Labor Code of the Russian Federation):
— if the dismissal is due to the impossibility of continuing work (in the case of enrollment in an educational organization, retirement, etc.);
- dismissal is due to established violations of labor legislation on the part of the employer.
An employee has the right to resign three days after submitting an application:
- if he resigns during the probationary period (Part 4 of Article 71 of the Labor Code of the Russian Federation);
— works under an employment contract concluded for a period of up to two months (Article 292 of the Labor Code of the Russian Federation);
- engaged in seasonal work (Article 296 of the Labor Code of the Russian Federation).
An employee has the right to resign one month after submitting an application:
- if he resigns from the position of head of the organization (Article 280 of the Labor Code of the Russian Federation);
- is an athlete or coach and an employment contract has been concluded with him for a period of more than four months (Part 1 of Article 348.12 of the Labor Code of the Russian Federation).
In all other cases, the employee is obliged to notify the employer of his dismissal at least two weeks in advance. The specified period begins the next day after the employer receives the employee’s resignation letter. This means that the day of filing the application does not count towards the period of notice of dismissal (Part 1 of Article 80 of the Labor Code of the Russian Federation).
At the same time, by agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal (Part 2 of Article 80 of the Labor Code of the Russian Federation).
Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. At the same time, the employee will not be fired unless another employee is invited in writing to take his place by way of transfer from another employer (Part 4 of Article 64, Part 4 of Article 80 of the Labor Code of the Russian Federation).
If, upon expiration of the notice period for dismissal, the employment contract was not terminated and the employee does not insist on dismissal, then the employment contract continues (Part 6 of Article 80 of the Labor Code of the Russian Federation).
Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work (day of dismissal), the employer is obliged to make a final settlement with the employee and, upon his written application, issue him a work book and other documents related to work, for example (Part 5 of Article 80, Article 62 of the Labor Code of the Russian Federation):
— copies of the order for employment, orders for transfers to another job, orders for dismissal from work;
— extracts from the work book;
— certificates of wages, accrued and actually paid insurance contributions for compulsory pension insurance, and the period of work with this employer.
Copies of work-related documents must be properly certified and provided to the employee free of charge (Article 62 of the Labor Code of the Russian Federation).
If an employee resigns of his own free will, then on the day of termination of the employment contract the employer is obliged to pay him:
— wages for the period of work before dismissal, including bonuses, allowances and other payments (Articles 136, 140 of the Labor Code of the Russian Federation);
— monetary compensation for unused vacation (Article 127 of the Labor Code of the Russian Federation).
The day of termination of the employment contract is considered the last working day (Article 84.1 of the Labor Code of the Russian Federation).
Labor legislation does not oblige the employer to pay the employee other compensation upon dismissal at his own request.
Before termination of the employment contract, the employee may be provided with all unused vacations (Part 2 of Article 127 of the Labor Code of the Russian Federation). To do this, the employee must write an application for leave with subsequent dismissal.
However, providing such leave is the employer’s right, not his obligation. Accordingly, he may reject such an application from the employee by paying compensation for unused vacation days (Part 1 of Article 127 of the Labor Code of the Russian Federation).
Calculation of vacation pay for six months
Vacation pay for an incomplete year of work is calculated differently than for a full twelve months.
The amount an employee will receive when going on vacation depends on three components:
- Billing period. In the case where an employee, after working for six months, takes a vacation, the billing period will be exactly six months.
- Average employee earnings per day. The amount of average earnings per day depends on the billing period. When calculating the average daily earnings of an employee, the accountant sums up the salary for each month, then divides the resulting figure by the number of days worked. If the employee worked the whole year, then this figure is 352.8. If the employee worked for an incomplete period, then the number of months is multiplied by 29.3. The average earnings received are multiplied by the number of vacation days. The resulting figure is the amount that the employee will receive as vacation pay.
It should be noted that when calculating average daily earnings the following are not taken into account:
- Sick leave, vacations, business trip payments;
- Awards for an anniversary or other holiday;
- Compensation for travel and food;
- Other additional payments that are not included in wages.
Calculating vacation pay manually
The formula for calculation is quite simple: we multiply the number of vacation days by the average earnings, the resulting figure will be the amount of vacation pay.
A more complex formula is needed if in the billing period there are days that need to be excluded (sick leave, vacations, etc.):
- We multiply the number of vacation days by the total number of days in months that the employee did not fully work and by the number of days in these months when the employee worked (in total, you need to multiply three numbers).
- We add the number of months worked in the billing period with the vacation pay calculation coefficient (29.3) and divide by the number obtained in paragraph 1.
- We divide the amount of the employee’s salary by 29.3 and multiply by the number obtained in step 2.
The amount received in paragraph 3 will be the amount of vacation pay.
Experts are resorting to such complex calculations less and less often; often the employee is simply paid vacation pay equal to his salary.
You will find out the maximum period of sick leave in our detailed material. You can find out what payments are due upon dismissal of a pensioner here.
For delayed wages, the employee is entitled to compensation. You will learn how to calculate it in this article.
Calculating vacation pay using a calculator
A competent accountant, knowing the formulas for calculating vacation pay, can calculate the required amount manually.
But knowing the formulas alone is not enough; you need to constantly be aware of innovations in the Legislation, monitor the release of new orders and resolutions, and study them. To make the work of accountants and HR officers easier, there are special programs that can instantly make the necessary calculations, taking into account all the updates.
For the convenience of calculations, you can use the online vacation pay calculator on our website.
Useful tips
It wouldn’t hurt any employee to know whether it’s possible to quit after a month of work and how to do it correctly. Having decided to change your job, it is important not only to write a letter of resignation, but also to carry out the dismissal procedure as correctly as possible. It is important to take from your old position into your future life all the most useful and best things that have been received over the years of work. This applies, first of all, to the acquired experience and skills, business and friendly connections. You shouldn’t tell everyone about your new job and describe what advantages it has over your current one.
If the boss, with whom you plan to say goodbye soon, has a normal attitude towards leaving, then you should express great gratitude to him for the joint work. When a replacement employee appears in the organization, it is necessary to bring him up to date without any objections, and also inform him of the main features of the work that he will soon take on. It is necessary to calmly and in detail inform him what duties he will have to perform at the new workplace. In no case should one give personal characteristics of the employees with whom he will work, as well as the management.
Calculation examples
What situations might a specialist encounter when calculating the amount of vacation pay? Let's look at some examples:
Example 1
The employee has been working for the company since January 2015. His salary is 15,000 rubles. From July 13, 2015, he goes on vacation for 28 calendar days. What will be the amount of vacation pay for this employee?
Based on the above formulas, the employee’s average daily earnings will be 512 rubles. We multiply the resulting amount by 28 (the number of vacation days). The amount of vacation pay is 14,336 rubles.
Example 2
The HR specialist got a job in September 2015. For the first three months, while on probation, she received a salary of 12.5 thousand rubles. Then the payment was increased to 18 thousand rubles. The employee also received a bonus in December - 5 thousand rubles. From February 1, 2021, the employee takes paid leave for two weeks. What kind of vacation pay will a HR specialist receive?
Thanks to a bonus of 5 thousand rubles, the employee’s income in December was 23 thousand rubles. Average daily earnings are 549 rubles. Therefore, the amount of vacation pay for 14 days of vacation will be 7,686 rubles.
Example 3
The engineer got a job in October 2015, and in April 2016 he plans to exercise the right to take vacation (28 calendar days). The engineer's salary is 35 thousand rubles; in January 2021, the employee received a bonus of 10 thousand rubles in connection with his 50th anniversary. In addition, he received compensation for travel for two months in a row - 500 rubles. How much vacation pay can an engineer expect?
Since the bonus of 10 thousand for the anniversary and travel compensation are not included in the calculation of average daily earnings, only the engineer’s salary will be taken into account when calculating the amount of vacation pay. Thus, the amount of vacation pay for 28 calendar days will be equal to 33,447 rubles.
Example 4
The employee has been working as a storekeeper in the organization since August 2015. The storekeeper's salary is 10 thousand rubles. In November, the employee took sick leave for 7 days. Salary for November, excluding sick leave, is 8 thousand rubles. In February, the storekeeper wants to take a vacation for 10 days. How much holiday pay will she receive?
When calculating average daily earnings, sick leave payment is not taken into account. And also a seven-day sick leave period will be excluded from the calculation, so the average daily earnings of an employee is 343 rubles. We multiply this amount by the number of vacation days (10), the total amount of vacation pay is 3,430 rubles.
Calculations for dismissal
On the last day of work, the employee must receive not only all documents and certificates, but also certain payments. In particular, he should be given wages for the period worked in the current month, bonuses, benefits and compensation for unused vacation.
On the last working day, the employee must be familiarized with the order of his dismissal. This document must be signed by the supervisor. The employee must obtain a work book from the HR department. It is imperative to study and check the presence and correctness of all entries contained in it. Not in all cases the procedure for leaving a job goes very smoothly. In some cases, the personnel service may not issue an employee with a work book.
In such a situation, 3 days after dismissal, you can file a claim against the organization. Then personnel service employees can send the work book to the home address of the resigning employee. If this does not happen, it is worth writing a statement to the court and the prosecutor’s office for violations in a specific organization.
