How to calculate the compensation for unused vacation

How to calculate the compensation for unused vacation
 Obligation of the employer to provide the employee paid annual leave of 28 days specified in Article 122 of the LC RF. Prohibited are made available to the employee does not leave for 2 consecutive years. But often the employees accumulate vacation days unused for several years. Compensation in such a case is given to the employee upon separation or on his application for leave days in excess of 28 days.
 The most common case for compensation is firing employees. And for whatever reason it happens: sobostvennomu on request, by mutual agreement, etc.

In order to calculate the compensation initially need to determine the number of days of leave that the employee remained unused. For this is determined by its general experience in the organization (years, months, days), this includes the actual time worked, public holidays and weekends, downtime caused by the employer, not more than 14 days of leave per calendar year without pay. Not included in the length of time leave to care for a child, and the absence from work without good cause.

Further, the number of days is calculated based on the release position time. For each full year of service to the law is 28 calendar days of vacation. To determine the number of vacation days for every month of 28 days divided into 12 months, get 2, 33 days. This calculation applies if an employee has seniority in the organization is, for example 3 months. In this case, the number of days is 2, 3 33 * 6 = 99 (rounded to integer). ie 7 days.

For the calculation of compensation also need to know the average daily earnings of the employee. It is calculated on the basis of payments in the last 12 months prior to dismissal: the amount of actual earnings divided by the average monthly number of calendar days in a year. In sum actual earnings include: salaries, allowances, bonuses and other payments provided in the organization. Not taken into account when calculating the amount of those periods, which are not included in the length of the employee to receive a holiday.

To calculate the average number of days taken into account worked out last month before retiring completely or not. In the first case, the average monthly number of calendar days is 29, 4. In the second - it is calculated by the formula: (29 4 / number of calendar days in the month) * number of calendar days actually worked.

After all the calculations for calculating compensation must be multiplied by the number of unused vacation days on the average daily earnings of the employee.

As an example, consider the situation.
Employee Ivanov II with the organization since January 01, 2010. Wrote a statement on the dismissal of March 1, 2011. During his time in the annual paid leave was not. Ie actual time employee 14 months. Last month worked out completely. 14 * 2, 33 = 32, 6 days - the number of unused vacation days. For all the time payments amounted to 150,000 rubles. During the work the employee was not on sick leave, leave without pay. 411 6 days - is the number of days actually worked in the employee organization. (14 * 29 months, 4). 000/411 150, 6 = 364, 43 rubles sum of the average daily earnings. 364, 43 * 32, 6 = 11880, 46 rubles - the amount of compensation for unused vacation.

If an employee has worked in the organization of 11 months, the number of days is considered as a release position for 12 months, 28 days. Otherwise, the compensation paid in proportion.

Tags: vacation compensation