According to the labor legislation, citizens with special working conditions or having a certain social status, in addition to the main vacation, are entitled to additional leave. At the request of the employee, it is sometimes replaced by monetary compensation.
Grounds for granting additional leave and its duration
Employed citizens are granted annual paid leave of 28 days. This is the minimum number of days of rest, which is determined by law.Representatives of certain professions, for example, teachers or medical workers, are entitled to extended holidays (not to be confused with additional).
According to Articles 116-120 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), some employees are entitled to an additional paid vacation period. It is installed over the main or extended vacation. The duration of the additional allowance is determined by law. The term varies from 3 to 36 days. Employees are entitled to apply for a benefit:
- employed in work with harmful and (or) dangerous working conditions;
- with a special character of work;
- with irregular working hours;
- working in areas of the Far North (including concurrently);
- exposed to radiation due to nuclear tests at the Semipalatinsk test site;
- exposed to radiation due to the disaster at the Chernobyl nuclear power plant.
The main document that governs the possibility of obtaining additional permits is the Labor Code of the Russian Federation.In addition, the employer can independently provide additional rest to employees.
These points are prescribed in a collective or employment contract.
Can I get compensation for unused vacation
Replacement of additional leave with monetary compensation is possible upon written application of the employee. According to article 126 of the Labor Code of the Russian Federation, for the entire period of additional allowance over 28 days it is allowed to receive money. Please note that the employer has the right to refuse compensation, since this provision is only the right of the employer, and not his obligation.
Who is prohibited from replacing vacation with monetary compensation
No financial reimbursement for additional permissions:
- pregnant women;
- employees under the age of 18;
- workers who are engaged in particularly harmful industries or their labor activity is associated with a potential danger to health and life.
- to citizens who received radiation exposure.
According to article 117 of the Labor Code of the Russian Federation, persons employed in highly hazardous industries are entitled to a minimum of 7-day additional leave. This means that if they are entitled, for example, to 10 days of additional paid rest, for these 3 days, in excess of the statutory 7, they are entitled to receive monetary compensation.Chernobyl victims and other persons equated with them also do not have the right to replace the 14-day additional permit with compensation.
This is due to the fact that rest is a kind of privilege on the part of the state. Money is paid not by the employer, but through the social protection authorities of the population from the federal budget.
How to make a payment
Monetary compensation for vacation is provided only on the basis of a work application and only with his voluntary consent. The procedure consists of several stages:
- Making an application for monetary compensation by an employee. The document is prepared in free form, but at some enterprises (organizations) there are special forms (approved by the order for document circulation). They will need to enter a minimum amount of information (personal data, number of days).
- After imposing a resolution of the management (authorized person), an order is issued for the enterprise (organization). It indicates the personal data of the employee, the number of days of the billing period and rest, which is subject to compensation.
- Familiarization of the employee with the order. After reading the document, the citizen indicates the position, surname and initials, puts his own signature and date.
- The employee’s personal card contains information that compensation has been made for additional leave. Changes are reflected in the vacation schedule.
- Accountant accruesbased on the data provided.
- Cash equivalent payment occurs no later than the day of transfer of wages.
The procedure and rules for calculating cash compensation for additional leave
The compensation amount is calculated by the formula K = SDZ x KD, where:
- TO - amount of compensation;
- SDZ - the average daily income of the applicant;
- Cd - the number of days to be compensated.
If a calendar year has been worked out, the calculation of the average daily earnings occurs according to the following scheme:
- The actual amount of wages is divided into 12 months.
- The result is divided by 29.3 - the average monthly number of calendar days. Please note, before April 2, 2014, the figure was 29.4.
If the year is not fully worked out or there are excluded periods, you must:
- Count the months in which all days have been worked out completely.
- Multiply the number of these months by 29.3 (the average monthly number of calendar days). The result is the number of days in fully worked months.
- For each incompletely worked month, calculate the number of days using the formula KD = 29.3 / KDM x KODM, where:
- KD - the number of days;
- 29.3 - the average monthly number of calendar days;
- KDM - the number of calendar days in a month;
- KODM - the number of worked days of the month.
- Add up the number of days in the fully worked and not fully worked months.
- Actual earnings divided by the number of days calculated.
Upon dismissal of an employee
In contrast to severance pay, compensation for unused additional leave upon dismissal of an employee is relied on only if additional allowance is provided by law. This means that if additional rest is prescribed only in the collective (labor) contract, and not in the law, leaving the job of his own will, the employee will not receive a payment. This will not be a violation.If the employee is fired, the claim for compensation is legal.
For seasonal workers
Citizens arranged for seasonal work or with whom a contract is concluded for a period of less than 2 months, monetary compensation for standard leave shall be calculated at the rate of 2 working days for one worked month. If the contract stipulates the provision of an additional vacation period, it is paid in full.