Calculation of vacation days. How are vacation days calculated for an employee and who has the right to longer vacation?

Vacation is a time that employees look forward to. However, you should be prepared to defend your interests. You can find out how vacation days are calculated in order to get exactly the amount of rest that an employee is entitled to according to the law of the country. Labor Code regulated the lower limit of days that an employee can count on. However, no one limits the employer if he wants to improve the performance of staff by providing additional days for rest.

Legislation. Vacation and its duration

Of course Russian legislation could not but regulate the number of days that must be provided to the employee. Thus, Article 115 of the Labor Code of the Russian Federation directly regulates this provision.

It states that the employee has the right to another vacation, which is provided annually, and the number of days in it can be twenty-eight calendar days.

There are separate lines about what can be provided and large quantity days of rest, but only for professions that are included in a specific list.

It is also worth highlighting Article 37, which stipulates the right of every employee to receive legal rest. Article 114 can also be safely included in this group, which states that the employee has the right to maintain average earnings during the period of his annual rest.

However, it is worth considering that the employer can change the number of days annual leave, but only in a larger direction. Moreover, this situation must be agreed upon by management and must be indicated in the internal documents of the organization. Often, enterprises use the standard duration of annual basic paid leave, namely twenty-eight days.

Who is entitled to longer leave?

The duration of vacation days is regulated, as mentioned above, by Article 115 of the Labor Code of the Russian Federation, but it is worth noting that a larger number of days of annual vacation may also be provided for by law.

For example, employees who have not reached the age of majority are entitled to a longer vacation, namely thirty-one calendar days. Calculation of vacation days for children's employees educational institutions also different, the total number of days of rest is forty-eight. Also to this group of employees who were fortunate enough to receive more a long period rest, one can also include True, their vacation is only two days longer, that is, thirty calendar days.

Types of vacations

It is also worth noting that there are several types of vacations. The main thing is annual paid leave. It is provided to employees of all industries. That is, in any case, the employee will receive his legal twenty-eight days of vacation.

But it is also worth noting a special group, the so-called additional vacations. They are available to those who work irregular hours or are involved, for example, in hazardous work. The number of vacation days may vary. But in general, workers in hazardous production receive two additional weeks of rest, that is, fourteen paid calendar days.

We can highlight separately study leaves. However, they are issued only if two conditions are met:

This education, both higher and secondary, must be obtained by the employee for the first time. Repeated training does not imply the provision of paid leave. However, the employee can take days at his own expense;
Availability of a call certificate from the place of study. It must contain information about educational institution, the start and end date of the session, have information about what course the student is studying in, contain his data, and also have all the signatures and seals.

First vacation. How much?

What to do with the calculation of vacation days if the employee has not yet worked for a full year? It is worth noting that an employee has the right to go on vacation after working at the enterprise for at least six months. This does not take into account movements within the organization.

That is, if an employee gets a job in one department and then moves to another, he is entitled to vacation for the entire period of work not at a specific workplace, but at the enterprise. Therefore, a situation may arise when an employee just joined the team and immediately went on vacation.

If the employee has worked for six months, that is, exactly half of the entire year, then the HR department can proceed to calculating the number of vacation days. Annual leave will generally be two weeks, that is, fourteen days. Additional vacation is calculated using a special formula. An employee can turn to special resources for help, for example, there are vacation day calculators.

Calculation of additional leave. Nuances

If an employee has worked fully for six months and wants to go on vacation, the employer has the right to provide it to him. In this case, there are no problems with the main annual leave. It will be exactly half of the required vacation, namely 14 days.

What to do with additional vacation? In fact, if an employee works in harmful conditions, in increased danger, then he can receive an additional fourteen days of vacation. That is, logically, in six months he can get seven days of vacation. Is it so?

In the case of hazardous leave, it should be taken into account that it is provided only for the time when the employee was involved in hazardous production. That is, if an employee was on sick leave for more than two weeks or worked in another position, then he may not receive his rest days.

Case Study

The employee Sergei Ivanov worked at the enterprise for eight months. Of these, he spent two as an intern, and the rest he worked in hazardous working conditions. What should he expect from his employer if he wants to go on vacation? Vacation days can be calculated as follows:

Since the employee has worked for six months, he can take 14 days of annual leave.
Provided that the employee has been in hazardous work for six months, he can also count on seven days of additional leave.

In total, Sergei Ivanov can count on 21 days of vacation.

Billing period: an important concept

It is noteworthy that many employees mistakenly think that vacation is provided to them for the calendar year, that is, for the period from January to December. This is wrong. A year is indeed taken into account, but only from the moment the employee is hired at a specific enterprise.

This means that if an employee got a job in April, then his pay period will now be constantly used from April to March next year. It is during this period that the number of vacation days is calculated.

Billing period. Examples

If an employee got a job in April 2016, then he has the right to full leave after eleven months. This means that already in February he can contact the personnel department with an application to grant him leave for 28 calendar days.

However, an employee can take partial leave. That is, if Georgy Petrov came in April 2016 and leaves in April 2017, but takes out only 14 days of vacation, then the remaining days do not expire. He can take them later, for example, in December.

At the same time, in December, the HR department draws up a calculation note, which indicates that the vacation is taken not for the period April 2017 - March 2018, but for the old one. And for a new one, vacation days continue to accumulate.

Calculation of vacation days. Formula

How to understand how many days an employee is entitled to for vacation, provided that he has not fully worked the pay year? You'll have to do a little math. Of course, it’s much easier to use a vacation days calculator, which is now available on various resources. However, it is also easy to carry out the calculation yourself.

To do this, it is worth determining how much each month of work “weighs”. To do this, it is worth determining how many days labor leave provided at the enterprise, and then divide it by 12, that is, by the number of months in a year. In general, when employees receive twenty-eight calendar days, one month equals 2.33 days of vacation.

Now you can start counting; you need to multiply this number by the number of months that the employee worked. The resulting number is then rounded if necessary.

Case Study

Days is quite simple, but it is better to see its application in a practical example. So, if an employee worked eight months of his pay period and wants to take back all his days worked, he will have to calculate how much he is entitled to.

The company provides employees with four weeks of vacation, that is, 28 days. Then one month can be taken for 2.33 days of vacation pay. That is, you can then multiply 2.33 by eight, that is, by the number of months worked.

Thus, in this case, the employee must be granted annual leave for 18-19 days.

Calculation of additional vacation days. Peculiarities

But what if the employee also wants to receive additional leave? Also count. In general, everything is taken into account in the same way. So, if you are supposed to have fourteen days for the whole year, then one month is equal to 1.16 days of vacation. This number was obtained by dividing the total number of vacation days by the number of months in the year.

However, it is worth carefully checking whether the employee really worked for this entire period? For example, days on sick leave for more than two weeks, as well as administrative leaves of the same duration, are excluded from the calculation period.

So, if an employee who has worked for eight months should receive another 9 days of vacation for harmful work. However, if out of the time he worked, he was on administrative leave for a month, and another three weeks on sick leave, then he will be provided with leave of such a plan only for the remaining six months, that is, in the amount of seven days.

Vacation pay calculation

When telling how to correctly calculate the number of vacation days, it is necessary to mention one more thing: important point: payment of days for vacation. Here employees and accountants should also be careful. As already mentioned, Article 114 of the Labor Code of the Russian Federation states that the employee receives vacation pay, which is calculated based on average earnings. What does this mean?

To calculate vacation pay, two indicators are needed, namely wages and the number of days worked.

Wages are remuneration for work, for time worked. However, this does not include bonuses that are one-time in nature, material aid, the amount of vacation pay for previous vacations, as well as payment for days on sick leave.

Days are also taken into account according to a special coefficient. Each month that an employee works fully is counted as 29.3 days. This number is based on the average number of working days per year, excluding holidays.

That is, if an employee has a salary of 30,000 rubles and has worked twelve months in full, then his calculation has an extremely simple form:

360,000 rubles - amount wages for the accounting year;
351.6 - number of days worked.

In total, one day of vacation is paid in the amount of 1023 rubles and 89 kopecks. Payment for annual leave, additional leave or student leave is the same. It is also worth considering that vacation is provided in calendar days, that is, weekends that fall within the vacation period are also paid.

Calculating annual leave days is the job of the HR or accounting department. However, the employee can independently check whether his rights are being infringed. To do this, it is enough to use simple formula or use a calculator to calculate such an indicator. In any case, the vacation will not be overshadowed if the employee knows his rights.

When determining vacation time, it is important to know which periods are included in the calculation and which are not. The included periods include (Article 121 of the Labor Code of the Russian Federation):

actual work time;
time when the employee did not actually work, but his place/position was retained (for example, this is annual paid leave, days off, non-working holidays, period of illness, maternity leave, etc.);
vacation at your own expense, the duration of which does not exceed 14 calendar days during the working year;
the period of suspension from work of an employee who, through no fault of his own, has not undergone a mandatory medical examination;
time forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement to the previous job.

Periods not included in the vacation period

The following are not included in the vacation experience (Article 121 of the Labor Code of the Russian Federation):

parental leave until the child reaches 3 years of age;
vacation at your own expense exceeding 14 calendar days;
the time the employee is absent from work without good reason.

Days excluded from the vacation period shift the end of the employee’s working year (Letter of the Ministry of Labor of Russia dated October 18, 2016 N 14-2/B-1045). For example, an employee was hired on April 11, 2018. From 09/05/2018 to 09/23/2018 he took unpaid leave. If this employee’s vacation was 14 calendar days or less, then the working year would end on April 10, 2019. And since the vacation lasted 19 calendar days, the end of the working year will shift by 5 days (19 days - 14 days), respectively, for vacation purposes the employee’s working year will end on 04/15/2019.

Vacation period for part-time work

If the employee works part-time, then this fact does not affect the calculation of vacation experience in any way (Article 93 of the Labor Code of the Russian Federation). That is, the length of service for such workers is calculated in the same way as for full-time workers.

Vacation for part-time work

The right to vacation for the first year of work arises for an employee after 6 months of continuous work with a specific employer (Article 122 of the Labor Code of the Russian Federation). And by agreement with the employer, leave can be granted before the expiration of these 6 months. The number of vacation days for a part-time working year is calculated as follows:

Months worked are counted in the same way as the working year, from the date of hire. For example, if an employee was hired on April 10, 2019, then his first working month will end on May 9, 2019. Months not fully worked are taken into account as follows:

a month is counted as fully worked if the employee worked half the month or more;
a month is not taken into account in the calculation if the employee worked less than half a month.

Vacation pay calculation

It’s not enough to determine how many vacation days the employee has earned; you also need to calculate vacation pay. Ours will help you with this.

If your employee quits without taking vacation, then you must pay this employee compensation for unused vacation(Article 127 of the Labor Code of the Russian Federation). You can calculate its amount using ours.

The dismissal compensation calculator makes calculations in several stages. First, the number of calendar days of unused vacation for which the employee is entitled to compensation is determined. Then the amount of compensation itself is calculated. To do this you need to know the size average daily earnings resigning employee. By the way, if necessary, the calculator will help you calculate the average daily earnings.

Calculation of compensation for unused vacation: formula

Compensation for unused vacation is calculated using the following formula:

Number of unused vacation days by general rule is defined as the product of the number of vacation days, due to the employee for each month of work (we divide annual leave by 12), by the number of months worked for a particular employer, minus vacation days already taken.

Please note that when calculating the number of months worked for an employer, there are some peculiarities (clause 35 of the Rules, approved by the NKT of the USSR on April 30, 1930 N 169). So, if an employee worked less than half a month, then this month is excluded from the calculation, but if half or more, this month is counted as a whole month. As they explained to us in Rostrud, if there are 31 days in a month, then half are 16 days, and if there are 29 days in a month, then half are 15 days.

Compensation for unused vacation if vacation is provided in working days

Certain categories of employees are granted leave not in calendar days, but in working days. For example, such employees include seasonal workers (Article 295 of the Labor Code of the Russian Federation), as well as employees with whom employment contract for a period of up to two months (Article 291 of the Labor Code of the Russian Federation). So, compensation for unused vacation for these employees is calculated using the same formula as for employees who are granted vacation in calendar days (see formula above). However, the quantity unused days vacation is considered differently:

Deadline for payment of compensation for unused vacation

The employer is obliged to make all payments to an employee upon his dismissal on the last day of work of this employee (Article 140 of the Labor Code of the Russian Federation). Accordingly, the employee must also receive compensation for unused vacation on his last working day.

Responsibility for non-payment of compensation for unused vacation

If the employer does not pay the resigning employee compensation for unused vacation, and the labor inspectorate finds out about this (for example, the employee writes a complaint), then the employer will be fined. The amount of the fine is (Part 6, Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

from 30,000 rub. up to 50,000 rub. - for a legal entity-employer;
from 10,000 rub. up to 20,000 rub. - for officials of the legal entity-employer;
from 1000 rub. up to 5000 rub. - for individual entrepreneurs.

By the way, if the employer pays compensation for unused vacation, but in violation of the established deadline, then along with this compensation the employer is obliged to pay the employee another compensation - for the delay labor payments(Article 236 of the Labor Code of the Russian Federation). Ours can calculate its size.

Have you decided to take a break from everyday work? This is not a problem if you have enough days left for this. It is much more difficult to accurately calculate vacation time that has not been used for years. Let's take a closer look at how to determine the legally prescribed rest time.

Legal aspects

Going on vacation

If you have worked for more than six months in a row, you are legally entitled to well-deserved days of rest (Article 122 of the Labor Code). However, there are also exceptional cases when an employee has the right to go on vacation earlier, for example:

when taking parental leave (before or after it);
at the request of a minor employee;
when an employee adopts an infant.

Billing period

Fundamental in this matter is the determination of the period of time between all employee vacations, which is usually called “calculated”. And it is calculated as the total number of all calendar days minus weekends. As a rule, an employee divides his legal vacation into several parts, but this does not in any way affect the duration of the billing period: it is always counted from the date of the first vacation.

Let's look at this concept clearly with an example:

The employee has been officially employed by the company since July 2014. In May he takes the first half of his vacation, and leaves the second half for November. The billing period is determined from July 2014 to May 2015. Starting from April 2015, the countdown for vacation for the subsequent period begins. If we translate this into rest days, the employee receives 2.33 vacation days per month, defined as the ratio between the minimum duration of vacation (28 days) and the number 12 (months in a year).

Important: The calculation period does not include time off, sick leave, or free leave of more than 14 days.

Calculation of vacation days

The formula is used for calculation: DO = Kmes * Code, where:

DO – determined vacation days;
Kmes – the number of months actually worked by the employee;
The code is the legally required days of rest (we calculated them above and got the value 2.33).

If, for a good reason, the employee temporarily did not fulfill his job duties (was on sick leave, on free leave, etc.), the formula for calculating vacation days will look like this: DO = Code * Rpm, where Rpm is the monthly billing period ( taking into account actual time worked). This scheme is used to determine the duration of both main and extraordinary leave.

Advice: Today, a huge number of online assistants have been developed that can easily cope with any calculations, including helping to determine the number of vacation days.