Most of the employees leaving or dismissed, as well as accountants who are busy charging them money, are concerned about the questions that confront them with the calculation of compensation for dismissal. Everything is quite simple here, and if you follow the instructions in detail, then each employee has the opportunity to independently calculate how much he will receive upon dismissal. In which of the cases should the compensation for unused vacation be paid in full?
First, it is worth saying that in order to receive the full amount of compensation, an employee must work at the enterprise for at least 11 months, only in this way he can count on normal annual vacation pay. In this case, the calculations are performed using the following 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 upon dismissal
The labor legislation clearly states that the employee must take advantage of his legal leave this year. Upon dismissal, he has the right to choose: “walk off” the time allotted for the vacation, or agree to material compensation. When it is paid, employers sometimes have controversial situations, some of which have already been regulated by judicial practice or existing regulations. You can consider them.
In a situation where the employee did not use additional leave for the worked year, his days are replaced with monetary compensation, if the employee did not have periods during the year that do not give the right to leave. If the employee has not used additional leave for several years, then for all days he must be paid a certain amount.
If an employee quits while his / her probationary period has not yet expired, the calculation of vacation compensation upon dismissal is carried out in proportion to the time that he worked. In the event that the specialist worked only 6 months, the payment for unused vacation will be calculated in proportion to the time worked. When working under a contract on the last day of the contract, the employer is obliged to pay wages for the entire period, as well as a special vacation payment, depending on the time of service in the company.
If a person chooses not compensation, but vacation, when leaving, then he has the right to take it in full, after which he will be dismissed. Sometimes there are situations when an employee is simply obliged to take a vacation. It is worth paying attention to the procedure for dismissing senior executives.
Calculation of compensation for the dismissal of the head
The charter of the organization determines the term of the head. An employment contract is usually concluded with the director for a specified period. At a general meeting of company participants, a decision is made that the manager terminates his authority. For this situation, there are certain features of the termination of the contract with the subsequent payment of compensation.
If the employee has not been granted leave for more than a year, then this will be counted as a violation of the law, in which case the head will be punished with penalties during the inspection. The rules say that company members are required to notify the director in writing of the expiration of his employment contract, and then dismiss him in full accordance with current legislation. At the same time, all charges that are due to him are paid. Next, a new contract is concluded, the term of which should be provided for in the charter documents. However, most companies do not terminate the contract, but draw up an agreement that prescribes a change in the term of obligations.
Now you know how the compensation is calculated upon dismissal, so you can imagine how much you can expect.