For the employee leaving, as well as for the accounting department of the organization, it is very important such a question as the calculation of compensation for unused vacation. This is quite an important point, because before the dismissal, the employee could work for a long time in the company, or he could leave during the probationary period , so it is important to calculate everything correctly, which will help to avoid all kinds of conflict situations. In which case, a full calculation of compensation for unused vacation is carried out, and in which it is necessary to perform certain manipulations in order to pay the employee the due amount?
First of all, it is important to note that the full amount of compensation to the employee will be paid only if he has worked for at least 11 months in the company, this guarantees him the receipt of normal annual leave. In this case, for calculation, there is a special formula :: (S: 29.4) / 12 * K, here S is the amount of the employee’s total income for the specified calendar year, K is the number of vacation days, usually this value is 28 days.
Calculation of compensation for unused vacation
The labor legislation quite clearly prescribes the obligation of the employee to use his legal right to leave this year . In the event of dismissal, he can choose: receive material compensation for the vacation or walk it off as it should. Employers may have contentious situations, some of which are already regulated by existing regulations and judicial practice.
If an employee has not used his additional leave during his work , then his days should be replaced by monetary compensation, except for cases of periods that may not give the right to leave. An employee who has not used legal leave for several years should receive appropriate compensation for the entire period. Compensation for unused vacation to employees who quit during the probationary period is calculated in proportion to the time worked at the enterprise. Similarly, accrual is made if the employee has worked less than six months at the enterprise. For employees working under the terms of a fixed-term contract, the company at the end of the term of activity must pay not only the due salary, but also vacation pay, depending on how long it served.
If, upon dismissal, the employee chose vacation, and not material compensation for him, then he has the right to completely expel him, after which he can be dismissed. Sometimes it happens that the employee is simply obliged to take a vacation. The procedure for dismissing officials deserves special attention.
Calculation of unused vacation at the dismissal of the head
The term of work of managers is determined by the charter of the organization concerned. Directors usually work under a special labor contract concluded for a specified period. The decision to terminate the work of a leader is usually made at a general meeting of the organization’s members. This situation requires compliance with certain conditions for termination of the contract, after which compensation will be paid to the official.
Calculation of compensation for unused leave upon dismissal
If an employee has not received his legal leave for more than a year, then this may be counted as a violation of the law, which may lead to the application of penalties to the head, if this is determined during the audit of the company. The rules clearly state that the director must be notified in writing by members of the company that his contract will soon expire, after which he will be dismissed in accordance with the law. At the same time, he must receive all the accrual. After that, you can conclude a new contract, the term of which is prescribed in the charter documents of the company.