Each employee, regardless of position, salary and level of education, has the right to leave guaranteed by the state. But, as practice shows, planned leave is far from always used, and both the employer and the employee have a completely logical question: is it possible to transfer unused leave somewhere or even replace it with a certain amount.
The option with monetary compensation is possible, but not in all cases. According to the code of labor laws and other regulatory legal acts regulating the interaction between the employer and employees, the latter have the right to receive compensation for unused vacation in two cases. First of all, this is the dismissal of a person who has not worked for eleven months. The second situation is related to employees who continue to work at the enterprise, but at the same time for one reason or another cannot use their legal right to rest.
Next, we will try to consider as much as possible each of the above cases and tell you how to calculate unused vacation.
So, leaving, a person has the right to receive monetary compensation for all unused days of planned rest. In addition, additional holidays prescribed by law for people with children must be paid. It should be noted that the date of dismissal is not the day when the employee ceased to fulfill his duties, but the date following the last day of compensated rest.
Note that other holidays that were not used for one reason or another are not compensated. Here we are talking about such types of unplanned vacations as creative, educational, holidays associated with the birth of a child.
For example, an employee of an enterprise leaves, while working for 7 months. In this case, unused vacation is compensated according to the following scheme: 2.33 * 7 months = 16 days of vacation. These 16 unused vacation days must be fully paid.
The law also states that the employer does not have the right not to provide annual leave to employees for two consecutive years. This means that every employee can receive monetary compensation only for every second unused vacation, and he must rest for the rest of the time stipulated by laws.
There is also a whole group of workers for whom the replacement of planned leave with monetary compensation is prohibited. These are, first of all, pregnant women, minor employees, as well as people working in hazardous or hazardous enterprises.
Paying compensation for unused vacation, the employer is obliged to calculate and transfer the income tax of an individual, which is precisely calculated on the basis of this amount. If a person leaves, then unused vacation taxes for which are calculated must be paid on the day of dismissal, and the amount of tax is transferred to the budget. In fact, it turns out that taxes must be transferred no later than the day the employee receives the full amount of compensation.
If the employee does not quit, but at his request, expressed in writing, monetary compensation is issued for the unused planned annual vacation, then the calculation of tax deductions is made according to another scheme. The decrees of the Ministry of Finance state that such payments should be taxed in accordance with the unified taxation system. At the same time, if tax deductions are unused vacation, compensated by an employee who does not quit, reduce the tax base of the organization, they should be calculated based on the norms of the unified social tax. Otherwise, the amount of employee benefits is not taxable.
As you can see, calculating the compensation for unused legal rest is a rather difficult task, but after understanding all the intricacies, you can easily settle it.