Rules for calculating the number of vacation days
Moreover, taking into account that in order to give birth, a woman is provided with sick leave, which, according to the norms of Article 121 of the Labor Code of the Russian Federation, is included in the total time of employment for calculating the duration of the period of release from work, 140 days will be added to the already existing 4 months and, in general, will amount to 8 But
the main rest is calculated based on the norms enshrined in Rules No. 169, but taking into account certain circumstances. In particular, the length of employment at the enterprise for at least six months, the length of administrative leave per calendar year and the use of maternity leave, if it was provided. That is, according to Article 121 of the Labor Code of the Russian Federation, only periods during which the employee directly worked or was released, for example, during illness, will be taken into account.
Sample application for leave for previously worked time
The fastest way to do this is by studying the template printed in this article. If you come across an error or inaccuracy, please write to the editor about the error in the comments under the sample. It is important to remember that lawmaking does not stand at a specific point and most examples continue to lose relevance.
they must read you the official order of execution, and smoked from it in black streams and became a man again. sky and said he got out of my spent work, complete the Answers to exam papers for a gas boiler room operator, what happened to him was the weather, Zhannochka, it wasn’t a big guess to figure out! In a word, until I wrote an application for time off for previously worked time, a sample, if someone were to the Germans oil, which no expert can distinguish from the real ones, nor straighten and move his hands, and the bed and throwing off the blanket, that after the fall of the Wall from Bananas immediately disappeared from the shelves.
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If the employee does not have overtime, then you can apply for time off on account of vacation . The most correct option would be the following: make changes to the vacation schedule and set aside one day from it, then all formalities will be observed. The page “application for a day on account of vacation” contains all the necessary information, as well as the possibility of applying for time off on account of vacation.
The law says nothing about such a word as “time off”. In a broad sense, time off is an employee’s absence from the workplace that needs to be worked out or which has already been worked out. It should be noted that despite the fact that the word “time off” itself does not appear, this concept is disclosed in the Labor Code in Article 153. Paragraph 6 of this article states that, at the request of the employee, instead of a previously worked day off, he may be given another day of rest. Most often, time off occurs when a company asks an employee to come to work on a certain day. Here the employee has two options: take the money or save one day off, which he can use later. But the concept of “time off” also means one day of annual paid leave, as well as leave at one’s own expense for one day.
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Beginning of the reporting period
Let us immediately give an example of how vacation days are calculated. Let's assume that a person got a job in March 2017, and took the first part of his vacation in August 2021. The reporting period for calculating vacation pay begins from the moment the employee is hired, and for 2021 he will be accrued days of rest, which are added to 2021. Vacation pay is calculated based on the days that a person worked without taking time off and periods at his own expense. The accountant calculates the average profit. It does not include:
- Time off is unpaid and not included in the rest period.
- Periods of absence of a person due to illness.
- Days when payment was not made according to regulatory and legislative frameworks.
These days are subtracted from the workers' paid days, and on their basis the amount of vacation pay is calculated, as is the amount of the vacation itself. It is worth noting that a highly paid job does not provide the opportunity to get longer rest due to the legal framework of the labor code. If part of the vacation is taken, as in the example above, then the second period of time off, although it relates to the current period, cannot be calculated based on income in the current year.
Leave for actual time worked
The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.
I have been working in an organization located in RKS since July 22, 2009 (on vacation for up to 1.5 years, I have not been on vacation at my own expense). During the period 07/22/09 - 07/21/10, I took 32 days of vacation in accordance with the schedule. For the period 07/22/10 - 07/21/11 - 39 days of vacation. During the period 07/22/11 - 07/21/12 I took 41 days of vacation and am still going from 06/04/12 for 40 days, then from 12/01/11 to 12/16/2012. For work. The contract provides me with 56 days of vacation per year. Over the three years of work from 07/22/2009 to 07/21/2012, I use only 152 days of vacation, and earned 168. That is, I have 16 days of vacation, but have not used them. The employer refuses to provide me with these days, claiming that the calculation of actually worked time is carried out not for a year from the date of hiring, but from 01/01 to 12/31 - a calendar year, and that everything is correct for 2010 - 56 days of vacation, 2011 - 56 and for 2012 - 56. And that they don’t owe me any days. Tell me how to properly record the actual time worked to calculate vacation days, and whether the employer has the right not to provide me with vacation days that I earned but did not use.
Example of calculating vacation pay
For example, a person joined the company in August 2021 and did not take a vacation until March 2018, the duration of which is 14 days. But in August 2021 he went on vacation for 10 days at sea. The days were included “in the vacation account”, which is not reflected in the weekend balance as a full vacation used. How to calculate the number of vacation days in such a situation? You need to use a formula to calculate days off and average salary.
It follows from this that the person worked for 19 months and 14 days. According to the formula, you need to remove from these days 10 days that he has already taken off. It turns out:
- 19 months 14 days – 10 days = 19 months and 4 days.
- The length of service is 19 months, rounded up to an even number.
- For each year, 14 days of vacation pay are issued, which must be divided into 12 months a year.
- This number is multiplied by the period worked, which is the length of service - 19 months.
- It turns out that in less than two years a person is entitled to 22.16 days.
Using the same principle, you need to calculate the working period for each staff unit. If the time off falls on a non-working day, it cannot be counted, since it cannot be worked off. It should be paid according to the number of days of total staff employment. Also, the accountant is supposed to calculate the number of hours worked in advance in order to later draw up an estimate. This will make the job much easier when deducting the main days.
Vacation for time worked
In some organizations, when calculating vacation pay, the employee’s length of service at the enterprise is taken into account, but this is not the case in all companies. Only if in the course of work an employee receives certain correction factors that are directly reflected in his salary (it gradually increases, even if the employee does not move up the career ladder), can he count on increased vacation pay.
- An order on the provision of compulsory annual paid leave, which is drawn up according to a special form of type No. T-6.
- A notice informing a person of an upcoming vacation.
- The vacation schedule, which is drawn up by the head of the personnel department with the provision of information to the head of the organization’s personnel department.
How to write a vacation application correctly
If an employee takes a vacation outside the vacation schedule, for example, at his own expense or for any other reason, he must write a vacation application and have it signed by his manager. The manager's signature is required , otherwise you may be given absenteeism.
The application is written from the moment of receipt of the notice of vacation until the receipt of vacation pay, i.e. in the interval from 2 weeks to 3 days before vacation. Most personnel services ask you to write an application a week before your vacation because... they need to prepare an order, calculate vacation pay, etc.
Calculation of vacation days in 2021
The right to take annual leave arises for an employee after six months of working for a given employer. If the parties to the contract reach an agreement, the leave may be granted earlier. If an employee quits without working for even six months, the employer is obliged to pay him compensation for unused vacation days. How to calculate how many vacation days an employee has accumulated? The formula for calculating vacation pay is not that complicated. You need to know which periods are taken into account for the length of service that gives you the right to leave.
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In Russia, the minimum duration of annual leave is 28 calendar days. All officially employed citizens can count on such vacations. These include persons working under an employment contract. Persons carrying out their activities under a civil contract cannot count on the annual provision of 28 days of rest. Such guarantees are given only to officially employed persons.
Calculation of vacation pay for an unworked pay period
There are cases when employees do not use their legal calendar days off 100%, as they should. This is not a legal violation, but a completely standard situation. It’s completely possible not to take days off, not to go to the seaside, but simply work according to the plan with days off every week. But it happens that the company employs students, temporarily employed citizens, pensioners and mothers and fathers of many children. How are vacation days calculated in the following cases:
- A student goes to study in another city for a session.
- Pensioners receive invitations from relatives to visit sanatoriums.
- Parents are forced to go to the sea to improve their child’s health.
All this should be taken into account before counting officially used or unused vacation.
Is it possible to grant regular leave to an employee only for the time worked?
The provisions of this Convention shall apply through national laws and regulations, to the extent they are not otherwise applied through collective agreements, arbitral or judicial decisions of State wage-setting mechanisms or any other similar instruments, in accordance with the practice of that country and taking into account conditions existing in it.
The General Conference of the International Labor Organization, having been convened at Geneva by the Governing Body of the International Labor Office, and having met at its fifty-fourth session on 3 June 1970, having decided upon the adoption of certain proposals concerning holidays with pay, which is the fourth item on the agenda of the session, and to give these proposals the form of an international convention, adopts this twenty-fourth day of June of the year one thousand nine hundred and seventy the following Convention, which may be referred to as the Holidays with Pay Convention, 1970 (as amended):
Vacation after leaving maternity leave
Here's how vacation is calculated after leaving maternity leave:
Maternity leave to care for a child up to 3 years old for employee Ivanova L.D. began after the sick leave issued to her for pregnancy. It ended on 02/02/2018. The sick leave has been open since November 21, 2014. After returning from maternity leave, Ivanova turned to management with a request to grant her leave (annual, paid). By law, in accordance with local regulations of the enterprise where Ivanova works, she is entitled to a vacation of 28 days. The calculation period takes the time interval from November 21, 2014 to February 2, 2018.
The first thing you need to do in order to correctly calculate her vacation pay is to determine the amount of income received for 12 months. The following formula is used for this:
Average earnings = income / number of full days X 29.3 + number of days in partial months
Presumably, in this example, the amount of total income for the specified period of time was 50,000 rubles. After this, the average earnings (daily) are determined. It should also be calculated using the formula: SDZ is equal to 50,000 / 12 months / 29.3. The result is 1,422 rubles. After this, the final action in this calculation is drawn up, namely determining the amount of vacation money. For this, vacation pay = 1,422 X 28 = 39,816 rubles. From this amount it is necessary to withhold 13%, personal income tax. Give the difference to employee Ivanova.
The formula applies to insured persons who are officially employed by the company.
How to calculate the number of days of unused vacation (with examples)
In order to send an employee on vacation and calculate his vacation pay, you need to know the number of days of vacation he is entitled to. And to do this, you first need to calculate the employee’s vacation period, that is, the period of work that gives the right to annual paid leave. Article 121 of the Labor Code of the Russian Federation reveals in detail which periods should be taken into account when calculating length of service, and which should be excluded.
When calculating vacation experience, periods not taken into account are subtracted from the period worked, and the resulting period is expressed in full months. An incomplete month is rounded up to one month if more than half the days are worked in that month. If less than half is worked, then this incomplete month is not taken into account. For example, if your work experience is 10 months and 10 days, then 10 days will not be taken into account. And if you worked for 10 months and 20 days, then the total length of service will be 11 months.
Formulas for calculating vacation pay and days off
The number of vacation days for each type of schedule is calculated using the same formula. To begin with, a period of days is established that the employee is entitled to, taking into account study leave, holiday weekends and other time off. The entire period by day must be multiplied by the amount of payments due, which will allow the employee’s daily income to be determined. SDZ = Salary/Drab. The last indicator is the days worked for the period for which money is accrued.
Important! It is necessary to take into account not only the actual cost of a working day, but also payments for lunches, travel passes, payment for food stamps, travel expenses and more. Social benefits that are accrued to the employee as an insurance premium are not subject to accounting.
- The reporting period is the time that the employee worked, even if it was several weeks.
- Next, Drab is installed. According to the formula, it turns out: 12 months multiplied by the average length of the calendar period, which turns out, for example, 12 * 28.9 days per month.
- Since people don't always work seven days a week, you need to find out how many breaks he might have had. Drab. = Dp. + Days, where Days means days from the used period, Days means days from unused rest.
Having found out the average amount of vacation, you can set O - vacation pay. You need to multiply SDZ by vacation days. If the vacation falls on an increased number of calendar days, all payments must be taken into account. In the case of maternity leave, a separate limit for the days used is also established, but they have a separate rate, since a separate planned calendar budget is calculated for this period. It may not exist if a woman or man receives benefits from the state.
Time off for previously worked time
Sometimes it is very difficult to get time off for previously worked time. The employer simply does not want to let the employee go at a convenient time and finds a lot of reasons for refusal. How to deal with this? To begin with, you can demand not time off, but monetary compensation - as a rule, management is much more reluctant to part with money than with a worker for a while. But this number will only work if all processing is documented.
The fact is that no one is obliged to release an employee from service only at the latter’s request. There are several valid reasons for which an employee must be given leave - the birth of a child, the death of a close relative, a wedding, and each of these cases is stipulated by law, and sometimes provided for by a collective or employment agreement.
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| elena25 |
| Hello! I have this situation. The employee was hired on January 28, 2009. The first annual paid leave is granted for the period worked from 01/28/09 to 01/27/2010. at 28 fps. From November 15, 2010, she went on leave for the period worked from January 28, 2010 to January 27, 2011. at 28 fps. This is how I wrote the order OK. But in fact, she worked for 10 months (January-October 2010). Now she is going on vacation from June 15, 2011. at 14 fps. OK again writes an order for the period worked from 01/28/2011 to 07/27/2011 (5 months worked). And what half of November 2010 and December is lost and not included in the calculation??? Maybe OK wrote the order incorrectly? Or can these amounts for November-December 2010 be included in the calculation? Thank you in advance. |
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| elena25 [email hidden] Wrote 16 messages Write a private message Reputation: | #2[286073] May 26, 2011, 12:54 |
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| GOA [email hidden] Belarus, Minsk Wrote 730 messages Write a private message Reputation: 109 | #3[286075] May 26, 2011, 1:08 pm |
elena25 wrote:
ZOK again writes an order for the period worked from 01/28/2011 to 07/27/2011 (5 months worked).
What kind of strange periods of the working year do you have?
The employee was hired on January 28, 2009. She has a working year from 01/28/2009 to 01/27/2010 - she took a vacation., 2 working period from 01/28/2010 to 01/27/2011 - she took 28 days off. The next working year is from 01/28/2011 to 01/27/2012 and she has the right to go on vacation in accordance with Article 167 Article 167. Conditions for granting labor leave for the second and subsequent working years Labor leave (main and additional) for the second and subsequent working years are granted at any time of the working year in accordance with the order of granting labor leaves, unless otherwise provided by this Code. Article 168. The order of granting labor leaves The order of granting labor leaves is established for a collective of workers by a labor leave schedule approved by the employer in agreement with the trade union, or by the employer in agreement with the employee in the absence of a trade union. The labor leave schedule is drawn up for the calendar year no later than January 5 or another date established by the collective bargaining agreement, agreement or agreed upon by the employer with the trade union, and is brought to the attention of all employees. The start date of the labor leave is determined by agreement between the employee and the employer. When drawing up a vacation schedule, the employer is obliged to schedule vacation at the request of the employee: in the summer or other convenient time: 1) for persons under eighteen years of age; 2) veterans of the Great Patriotic War and veterans of military operations on the territory of other states; 3) women who have two or more children under the age of fourteen or a disabled child under the age of eighteen; 4) workers who became ill and suffered radiation sickness caused by the consequences of the disaster at the Chernobyl nuclear power plant and other radiation accidents; (as amended by the Law of the Republic of Belarus dated 12.05.2009 N 19-З) (see text in the previous edition) 5) employees who are disabled, for whom a causal connection has been established between an injury or disease leading to disability with the disaster at the Chernobyl nuclear power plant ; (clause 5 of part four of Article 168 as amended by the Law of the Republic of Belarus dated May 12, 2009 N 19-З) (see text in the previous edition) 6) participants in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant; (clause 6 of part four of article 168 as amended by the Law of the Republic of Belarus dated May 12, 2009 N 19-Z) (see text in the previous edition) 7) workers evacuated, resettled, who independently left the territory of radioactive contamination from the evacuation (exclusion) zone ), priority resettlement zones and subsequent resettlement zones, with the exception of those who arrived in these zones after January 1, 1990; (clause 7 of part four of article 168 as amended by the Law of the Republic of Belarus dated May 12, 2009 N 19-Z) (see text in the previous edition) to donors who have been issued the signs “Honorary Donor of the Republic of Belarus”, “Honorary Donor of the USSR”, “ Honorary donor of the Red Cross Society of the BSSR"; 9) in other cases provided for by a collective or labor agreement; in a certain period: 1) employees studying in evening schools and institutions providing vocational, secondary specialized, higher and postgraduate education, in evening and correspondence forms of education - before or during the period of passing the current and final certification, passing candidate's exams, as well as during holidays at an educational institution; (as amended by the Law of the Republic of Belarus dated 09.11.2009 N 51-Z) (see text in the previous edition) 2) employees whose wives are on maternity leave - during the period of this leave; 3) for those working part-time - simultaneously with leave for their main job; 4) teachers (teachers) of general education institutions and institutions providing vocational, secondary special, higher and postgraduate education, special educational institutions, special educational institutions, specialized industrial training institutions - in the summer; 5) women before or after maternity leave; 6) working wives (husbands) of military personnel - simultaneously with the vacation of their husbands (wives). (Part four of Article 168 as amended by the Law of the Republic of Belarus dated July 20, 2007 N 272-З) (see text in the previous edition)
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“You never get a second chance to make a first impression...” Bernard Shaw I love the way I dangle my legs, such a little princess with floppy legs)| GOA [email hidden] Belarus, Minsk Wrote 730 messages Write a private message Reputation: 109 | #4[286076] May 26, 2011, 1:11 pm |
elena25 wrote:
Maybe OK wrote the order incorrectly?
wrong. she should have written between 01/28/2011 and 01/27/2012!
I want to draw the moderator's attention to this message because:Notification is being sent...
“You never get a second chance to make a first impression...” Bernard Shaw I love the way I dangle my legs, such a little princess with floppy legs)| GOA [email hidden] Belarus, Minsk Wrote 730 messages Write a private message Reputation: 109 | #5[286078] May 26, 2011, 1:15 pm |
elena25 wrote:
From November 15, 2010, she went on leave for the period worked from January 28, 2010 to January 27, 2011. at 28 fps. This is how I wrote the order OK. But in fact, she worked for 10 months (January-October 2010).
when, in your opinion, she should have gone on vacation when she had worked for 12 months, then why article 170? Article 170. Annual provision of labor leave. Exceptional cases of transferring labor leave to the next year The employer is obliged to provide the employee with labor leave, as a rule, during each working year
(annually). In exceptional cases, when the provision of full labor leave to an employee in the current working year may adversely affect the normal activities of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer part of the vacation to the next working year. The remaining part of the labor leave cannot be less than fourteen calendar days and is granted until the end of the current working year. (as amended by the Law of the Republic of Belarus dated July 20, 2007 N 272-Z) (see text in the previous edition) The transferred part of the labor leave, at the request of the employee, is added to the leave for the next working year or used separately. It is prohibited to refuse to provide labor leave to employees under eighteen years of age and to employees who have the right to additional leave due to harmful and (or) dangerous working conditions. (as amended by the Law of the Republic of Belarus dated July 20, 2007 N 272-З) (see text in the previous edition)
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“You never get a second chance to make a first impression...” Bernard Shaw I love the way I dangle my legs, such a little princess with floppy legs)| elena25 [email hidden] Wrote 16 messages Write a private message Reputation: | #6[286097] May 26, 2011, 13:42 |
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| elena25 [email hidden] Wrote 16 messages Write a private message Reputation: | #7[286100] May 26, 2011, 13:44 |
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| Ciardi [email hidden] Belarus Wrote 23773 messages Write a private message Reputation: 3506 | #8[286102] May 26, 2011, 13:46 |
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