A modern person should know what rights he has. Especially often, these rights are violated by employers who manage to mislead the employee in every way in order to pay less or to cut the number of vacation days. Without blaming anyone for dishonesty, we say that ignorance of the law does not exempt from responsibility and every employee should be aware of the order of the holidays. Today it has become an elementary sign of culture when a working person fully knows how much time he is entitled to leave, when he is granted and what is the order of the holidays.
This is a rather difficult task, which includes many nuances that an accountant must take into account when calculating vacation compensation. Significant changes have been made to the new procedure for calculating vacation and its payment. Among them are such as:
- The emergence of the right to leave is not after 11 months, as it was before, but after six months from the day of employment.
- During this period, the employee can also apply for leave without pay for a duration of 14 days, which are not taken into account when calculating vacation money.
- Extension or reschedule leave by agreement of the parties.
- The right of certain categories of workers to additional leave.
The minimum vacation period under the new Federal Law is 28 calendar days, excluding weekends and holidays. This period is paid by the employer in the amount of average earnings.
The procedure for paying holidays is also strictly regulated by the new Labor Law. The most pleasant thing in these rules is that the maximum payment for vacation days does not have a maximum limit. This is beneficial for those who are engaged in hazardous work, work and live in extreme conditions of the Arctic cold, or have irregular working hours.
The usual vacation schedule is drawn up according to the annual schedule, which is drawn up no later than two weeks before the start of the calendar year and is agreed with the employee, which he signs in the relevant document. This schedule is mandatory for both the employer and the employee. Sometimes, in case of force majeure situations, by agreement of the parties, the leave may be postponed or the employee may exercise the right to leave ahead of schedule.
Also, the modern vacation order allows dividing the time limit for the vacation into several parts. But at the same time, one of these parts cannot be shorter than 14 days.
And, of course, we must separately mention the situation that is most often not fulfilled by employers. These are the terms for calculating vacation money. Under the new rules, the vacation payment procedure obliges the employer to pay compensation no later than 3 days before the due date. For the calculation, the indicators for the last 3 months are taken. The amount earned for this period is divided first by 3, then by 29.6. This calculates the average earnings for 1 calendar day. And the result is multiplied by the days that are given to rest from work.
A uniform social tax is deducted from the total amount.
Once again, we will emphasize that in the event that a person due to health reasons during the vacation is in the hospital or was on outpatient treatment, the vacation is mechanically extended for an appropriate number of days. This provision does not apply to persons who are on maternity leave to care for children under a certain age. After exiting long-term leave, the employee receives the next right only six months after he has started working again.
These are the provisions that every working person should know. All issues arising from the procedure for calculating vacations are taken into account in the new Federal Law on Labor and are aimed at protecting the rights of the employee.