Each employee has the right to rely on the labor leave laid down to him under labor law. Its minimum duration is 28 calendar days, however, depending on the characteristics of the work, it can vary (for example, for teachers (in most cases) it is 56 days). An employee of an enterprise or organization can get a vacation if he has only worked on it for at least six months.
Before sending the employee to rest, the accountant of the enterprise needs to take several sequential actions: determine the average earnings, the period for which he is calculated, and the amount that the employee will receive. However, simple in theory, in practice, accrual of vacation pay may cause some difficulties.
First you need to determine what this means - the billing period. In order to find out, you need 2 documents: a collective agreement (if there is one, otherwise a different normative act is taken) and an order from the head, on the basis of which leave is granted. In most cases, the billing period is 12 months preceding the provision of rest. So, if the vacation begins on December 15, 2012, then you need to take time from the previous December to November 30 to calculate the average earnings.
However, the period of time over which vacation pay is accrued may vary in different organizations, while it is impossible to infringe on the rights of workers. All these points should be reflected in the regulatory legal acts of the organization, the main of which is the Collective Agreement.
Average earnings are determined in this way. Amounts accrued to an employee, excluding social payments (for example, material assistance) and bonuses, are added up. The resulting number is divided by 29.4, which is the average number of calendar days in a month, and 12 (the number of months worked). The result will affect the accrual of vacation pay.
If not a year is taken into account, then 12 is replaced by the number of months that are taken into account, the rest of the algorithm will remain the same. In the case when there is an incompletely worked month, 29.4 is divided by the number of days in it, and then multiplied by the number of calendar days that account for the worked period. In situations where the employee has worked out his full working time, while fulfilling the labor standard, accrual of leave and payments for it, should not be less than the minimum wage established at this time.
The amount is paid to the employee three days (or earlier) before his vacation begins. She, like other payments, is taxed, personal income tax and a single social tax.
Thus, the rules for calculating vacation pay are quite simple. Average earnings are multiplied by the number of days that an employee will rest.
It should be noted that average earnings can be indexed if the salary was increased during the billing period or legal holiday. In such cases, the coefficient of increase is calculated, which will affect the amount that will eventually be issued to the employee.
In accordance with the Labor Code, an employee has the right to partially replace the leave set for him with monetary compensation. It will be calculated in the same way as the accrual of vacation pay.
The days (and, accordingly, the payments accrued at that time) are not included if the employee was on sick leave and did not fulfill his duties due to the fault of the employer or to reasons that did not depend on either the boss or the employee. It also includes periods when a person was released from work (with or without salary) on the basis of the current Labor Code.
So, going on vacation, the employee should receive a benefit that will be equal to his average earnings multiplied by the calendar days that he will rest. And here it is very important for many to know how legitimately he was paid this or that amount.