Vacation is the time that employees look forward to. However, you should be prepared to defend your interests. You can find out how the calculation of vacation days is done in order to get exactly the amount of rest that an employee is entitled to under the laws of the country. The Labor Code regulated the lower limit of days that an employee can count on. However, no one restricts the employer if he wants to improve the performance of staff by providing additional days for rest.
Legislation. Vacation and its duration
Of course, Russian law could not but regulate the number of days that should be provided to the employee. So, article 115 of the Labor Code of the Russian Federation directly regulates this provision.
It states that the employee has the right to regular leave, which is granted annually, and the number of days in it may be twenty-eight calendar days.
Separately, there are lines stating that more days of rest can be provided, but only for professions that are included in a certain list.
It is also worth highlighting Article 37, which stipulates the right of each employee to obtain legal rest. The same group can be safely attributed to article 114, which states that the employee has the right to maintain average earnings for the period of his annual vacation.
However, it is worth considering that the employer can change the number of days of annual leave, but only in a big way. Moreover, this situation should be agreed upon by management and must be indicated in the organization’s internal documents. Often, enterprises use the standard duration of the annual basic paid vacation, namely twenty-eight days.
Who is eligible for a longer vacation?
The duration of vacation days is regulated, as mentioned above, by article 115 of the Labor Code of the Russian Federation, however, it is worth noting that a larger number of days of annual vacation can also be provided for by law.
For example, workers under the age of majority are entitled to longer holidays, namely thirty-one calendar days. The calculation of vacation days for employees of children's educational institutions is also different, the total number of days of rest is forty-eight. Also, this group of employees, who were lucky enough to get a longer period of rest, can be attributed to civil servants. True, their vacation is only two days longer, that is, thirty calendar days.
Types of Vacations
It is also worth noting that there are several varieties of vacations. The main one is annual paid leave. It is provided to employees of all industries. That is, in any case, the employee will receive his legal twenty-eight days of vacation.
But it is also worth noting a special group, the so-called additional holidays. They rely on those who work on an irregular schedule or are associated, for example, with harmful production. The number of vacation days may vary. But in the general case, workers in harmful production receive two additional weeks of rest, that is, fourteen paid calendar days.
Apart from this, study holidays can be distinguished. However, they are issued only if two conditions are met:
- This education, both higher and secondary, must be obtained by the employee for the first time. Retraining does not imply the provision of paid leave. However, an employee may take days at his own expense;
- Availability of a call certificate from the place of training. It should contain information about the educational institution, the start and end dates of the session, have information about the course the student is studying at, contain his data, and have all signatures and seals.
The first vacation. How much relies?
What to do with the calculation of vacation days if an employee has not yet worked a whole year? It is worth noting that the employee has the right to go on vacation after having worked at the enterprise for at least six months. This does not take into account movements within the organization.
That is, if an employee got a job in one department, and then moved to another, he is entitled to leave for the entire period of work not at a specific workplace, but at the enterprise. Therefore, a situation may arise when an employee just came to the team and immediately went on vacation.
If the employee worked for six months, that is, exactly half of the whole year, then the human resources department can proceed to calculate the number of vacation days. Annual leave in general will be two weeks, that is, fourteen days. The calculation of the additional vacation takes place according to a special formula. An employee can turn to special resources for help, for example, there are calculators for vacation days.
Calculation of additional leave. Nuances
If the employee has worked six months in full and wants to go on vacation, the employer has the right to provide him. In this case, there are no problems with the main annual vacation. It will be exactly half of the due vacation, namely 14 days.
What to do with an extra vacation? In fact, if an employee works in harmful conditions, in increased danger, then he can receive an additional fourteen days of vacation. That is, logically, for six months he can get seven days of vacation. Is it so?
In the case of sick leave, it should be borne in mind that it is provided only for the time when the employee was involved in hazardous work. That is, if an employee was on sick leave for more than two weeks or worked in another position, then he may not get his rest days.
Practical example
Worker Sergey Ivanov worked at the enterprise for eight months. Of these, two he spent as an intern, and already the rest he worked in harmful working conditions. What can he expect from the employer if he wants to go on vacation? Vacation days can be calculated as follows:
- Since the employee worked for six months, he can arrange 14 days of annual leave.
- Provided that for six months the employee was in hazardous work, he can also count on seven days of additional leave.
Total, Sergey Ivanov can count on 21 days of vacation.
Billing period: an important concept
It is noteworthy that many employees mistakenly think that leave is granted to them for the calendar year, that is, for the period from January to December. This is not true. The year is really taken into account, but only from the moment of employment of the employee at a particular enterprise.
This means that if an employee got settled in April, then his billing period will now be constantly used from April to March next year. It is during this period that the number of vacation days is calculated.
Billing period. Examples
If an employee got a job in April 2016, then he is entitled to a full vacation after eleven months. This means that already in February, he can apply to the personnel department with an application for granting him leave for 28 calendar days.
However, the employee may take leave in part. That is, if Petrov George came in April 2016 and leaves in April 2017, but makes out only 14 days of vacation, then the rest of the days will not burn. He can take them later, for example, in December.
At the same time, in December, the personnel department draws up a calculation note, which indicates that the vacation is taken not for the period from April 2017 - March 2018, but for the old one. And for the new - vacation days continue to pile up.
Calculation of vacation days. Formula
How to understand how many days an employee is entitled to for a vacation, provided that he has not fully worked out the accounting year? Have to count a little. Of course, it’s much easier to use the vacation days calculator, which is now enough on various resources. However, making the calculation yourself is also simple.
To do this, it is worth determining how much "weighs" each month of work. To do this, it is necessary to determine how many days of labor leave are provided at the enterprise, and then divide it by 12, that is, by the number of months in a year. In the general case, when employees receive twenty-eight calendar days, one month weighs 2.33 days of vacation.
Now you can begin to calculate, you need to multiply this number by the number of months that the employee worked. Then the resulting number is rounded if necessary.
Practical example
The formula for calculating vacation days is quite simple, but it is better to see its application in a practical example. So, if an employee has worked eight months from his payroll period and wants to take all his days worked, then he will have to calculate how much he is supposed to.
The company provides employees with four weeks off, that is, 28 days. Then one month can be taken for 2.33 days of vacation. That is, you can further multiply 2.33 by eight, that is, by the number of months worked.
Thus, in this case, the employee must be granted annual leave of 18-19 days.
Calculation of days of additional vacation. Features
But what if the employee wants to get additional leave? Also take it. In the general case, everything is taken into account in the same way. So, if fourteen days are supposed for the whole year, then one month is equal to 1.16 days of vacation. This number was obtained by dividing the total number of vacation days by the number of months in a year.
However, it is worth checking carefully whether the employee really worked all this period completely? For example, days of stay on sick leave for more than two weeks, as well as administrative leave with the same duration, are thrown out of the billing period.
So, if an employee who has worked for eight months should receive another 9 days of vacation for harm. However, if from the time worked he spent a month on administrative leave, and another three weeks on sick leave, then he will be granted leave of such a plan only for the remaining six months, that is, in the amount of seven days.
Vacation calculation
When telling how to correctly calculate the number of vacation days, it is necessary to mention one more important point: payment of days for vacation. Here, employees and accountants should also be careful. As already mentioned, article 114 of the Labor Code of the Russian Federation says that an employee receives vacation pay, which is calculated on average earnings. What does this mean?
To calculate vacation pay two indicators are needed, namely wages and the number of days worked.
Salary is a remuneration for labor, for hours worked. However, this does not include bonuses that are of a one-time nature, material assistance, the amount of vacation pay for past holidays, and also the payment of days according to disability sheets.
Days are also taken into account by a special coefficient. Every month that the employee has worked fully is counted for 29.3 days. This amount is derived based on the average number of working days per year, net of holidays.
That is, if an employee has a salary of 30,000 rubles and at the same time has worked for twelve months in full, then his calculation has an extremely simple form:
- 360 000 rubles - the amount of wages for the accounting year;
- 351.6 - the number of days worked.
Total, one day of vacation is paid in the amount of 1023 rubles and 89 kopecks. Payment of annual leave, extra or student leave is the same. It is also worth considering that vacation is provided in calendar days, that is, weekends that fall during the vacation period are also paid.
Calculation of days of annual leave is the work of the personnel department or accounting. However, the employee can independently verify whether his rights are infringed. To do this, it is enough to apply a simple formula or use a calculator to calculate such an indicator. In any case, the vacation will not be overshadowed if the employee knows his rights.