Late payment of vacation pay: liability and fines in 2020

One of the most common offenses committed by company management is late or partial accrual of vacation pay. This is a reason for the employee to appeal to higher authorities. It is important for employees and directors of companies to know the failure to issue money during what period is interpreted as a delay in payment of vacation pay, and under what articles liability is provided for this.

Deadline for payment of vacation funds

According to Article 136 of the Labor Code of the Russian Federation FZ-No. 197 of December 30, 2001 (as amended on October 11, 2018), payment of money for the provided annual leave must occur no less than three days before the expected date.

Also, two weeks before the annual holiday, according to Article 123 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee about it against signature. This means that the delay in the payment of vacation funds cannot be associated with the manager’s ignorance of the start of the employee’s vacation period.

Articles on the topic (click to view)

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• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave
• Notice of granting leave to an employee: sample 2020

The most common features of granting leave to an employee

What to do if an employee wants to take paid leave for one day, and when should vacation pay be transferred in this case? In accordance with Article 114 of the Code, each employee must be granted annual leave while maintaining their job and average salary. In accordance with Article 125 of the Code, leave may be issued in installments. The main condition is that one part must be at least fourteen days old. From this we can conclude that leave can be divided into several parts, and, therefore, the employee’s demand for one day of leave is also considered legal.

In this case, the number of days of rest is not important. The main thing for an employer is to comply with the law in order to protect himself and his enterprise from fines and other punishments. According to Article 136 of the Code, payment and transfer of vacation pay are made three days before the start of the vacation, even if its duration is one day. An agreement between the parties that will lead to a violation of the terms of payment of vacation pay will be considered illegal, even if it was concluded by mutual agreement.

Actions in case of delay in vacation pay

Delay in payment of vacation funds is a violation of the legislation of the Russian Federation. In this case, the legal rights of an employee of the enterprise are infringed.

Based on this, a citizen can choose one of two options for the development of events:

1. Based on paragraph 2 of Article 124 of the Labor Code of the Russian Federation, he has the right to postpone the annual paid vacation period.
2. Contact higher authorities to protect your rights.

Terms and features of payment of vacation benefits in accordance with the Labor Code of the Russian Federation

→ → → Current article Contents Every worker has the right to annual paid rest of at least the duration established by law.

The legislator provided for the preservation of the average earnings of the working person during the annual rest period allotted to him. Payment for this period is set according to a formula.

This is important to know: Is salary accrued during vacation?

By multiplying the number of days of rest by average earnings, the amount of vacation pay is determined.

Appeals to higher authorities

In the event that an employee of an enterprise has been delayed in the payment of vacation funds, and he does not want to transfer his legal vacation to another period, he has every right to appeal to higher authorities.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

As a rule, in such situations it is possible to resolve the issue peacefully, since the trade union was specially created to monitor the implementation of the labor rights of workers, as well as resolve conflict situations related to their violation.

If it is impossible to resolve a conflict issue peacefully, a citizen has the right to appeal to one of the higher authorities:

1. Federal Labor Inspectorate . This body was created to control and supervise compliance with established labor standards of the Russian Federation. Both a representative of the trade union from the enterprise and the employee himself can contact it. After a written request, service inspectors will check whether the head of the enterprise complies with labor legislation. Appropriate measures will also be taken to restore the legal rights of the citizen.
2. Prosecutor's office . In case of non-receipt of legal vacation money after contacting the labor inspectorate and trade union, the employee can contact the prosecutor's office. You can also contact this body directly, avoiding previous authorities. After filing a complaint, an inspection of compliance with labor discipline at the enterprise will also be carried out, and an appropriate decision will be made.
3. The final highest authority is the court . A citizen has the right to file a claim in court at his location.

In any case, it is not worth leaving the situation of late payment of vacation money without a solution.

Responsibility of the head of the enterprise

A delay in the payment of vacation funds brings inconvenience not only to the employee of the enterprise, but also to a greater extent to the employer himself. In this situation, material, administrative, and in more serious situations, even criminal liability may be applied to him.

If an employee files a complaint to higher authorities, this may entail a number of unscheduled inspections from regulatory authorities.

Penalty for delay in payment of vacation money

The fine for late payment of vacation funds is an administrative liability. Thus, according to paragraph 6 of Article 5.27 of the Code of the Russian Federation on Administrative Offenses, failure to pay vacation funds within the established legal deadlines entails a warning or a fine in the amount of:

1. From 1000 to 5000 rubles for persons conducting activities without forming a legal entity.

If a person who has previously been subject to administrative liability commits a similar action, then, in accordance with paragraph 7 of Article 5.27 of the Code of Administrative Offences, the following punishment will be applied to him:

Thus, in the case of incomplete (less than half) payment of vacation funds for more than three months due to the selfish or personal purpose of the head of the organization, the following criminal liability may be applied to him:

1. Disqualification from office for up to 1 year.
2. Forced labor for up to 2 years.
3. Imprisonment for up to 1 year.

In case of complete non-payment of vacation pay for more than two months due to the selfish or personal purpose of the manager, the following liability may be applied to him:

1. Forced labor for up to 3 years with possible disqualification for up to 3 years.
2. Imprisonment for up to 3 years with possible disqualification for up to 3 years.

This is important to know: Registration of maternity leave at work: documents and amount of benefits in 2020

If partial or complete non-payment of vacation funds leads to serious consequences, the head of the enterprise faces:

1. Imprisonment from 2 to 5 years with possible disqualification from office for up to 5 years.

In some cases, both responsibilities can be combined, for example, for delaying vacation pay, the manager may receive a fine, and in case of non-payment for more than 2 months, he may be subject to criminal liability.

Compensation for late payment

In addition to the fact that if vacation funds are not paid on time, the employer may face administrative or criminal liability, he also necessarily faces financial liability in the form of monetary compensation. This provision is regulated by Article 236 of the Labor Code of the Russian Federation.

In this case, the amount of monetary compensation cannot be lower than one hundred and fiftieth of the key rate of the Central Bank of Russia of the unpaid amount for each overdue day.

Postings for delayed payment of wages 2020

Hello, in this article we will try to answer the question “Positions for delayed payment of wages 2020”. You can also consult with lawyers online for free directly on the website.

Compensation for delayed wages: insurance premiums Disputes between employers and inspectors have been going on for a long time regarding the calculation of insurance premiums from compensation for delayed wages. Info Interest on them cannot be lower than 1/150 of the key rate of the Central Bank of the Russian Federation (hereinafter referred to as the Central Bank of the Russian Federation) for the day of delay.

The obligation to provide compensation to employees for late wage payments falls on the employer, regardless of whether he is to blame for the delay or not.

When are payments due?

Vacation pay is paid in accordance with the employment contract. This document, based on the Labor Code, gives employees the right to rest.

He also guarantees compliance with the requirements of labor legislation in the relationship between the employer and the employee.

Every officially employed person has the right to receive annual leave of 28 days (Article 115 of the Labor Code of the Russian Federation).

You can take vacation, unless there are other circumstances, after 6 months of work in the company. Vacation can be divided, but with the condition that one part of it is not less than two weeks (Article 125 of the Labor Code of the Russian Federation).

When calculating the duration of your vacation, you need to know that weekends are not excluded from rest days. And holidays extend its duration. Employees are entitled to vacation every year.

For example, if an employee joined a company on June 21, 2020, then he needs to use his vacation before June 20, 2020.

Vacation pay must be paid to the employee strictly 3 days before the start of his vacation.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

In some situations, the payment day for vacation pay and basic salary coincides. In this case, the employer is obliged to transfer the funds in a lump sum.

If the days do not coincide, management will issue the employee’s salary after he returns from vacation, on the appointed day. Other payment options are also acceptable by law.

Study leaves are paid at the same time as regular ones.

Law

The legislation regulates the terms of payment of vacation pay and liability for their violation by the following articles of the Labor Code:

• Art. 136 (timing);
• Art. 236 (employer's liability).

The amount of the fine for late payment of vacation pay and late notification of the start of vacation is established in the Code of Administrative Offenses.

The Criminal Code regulates imprisonment for a negligent employer.

How to take into account compensation for delayed wages when calculating taxes

All organizations in the region can join the regional agreement, even if they did not participate in its conclusion. A proposal to join a regional agreement is officially published together with the text of the agreement. If the organization does not send a written targeted refusal within 30 calendar days, it is considered that it agrees with the regional agreement.

Thus, in case of late payment, the employer is charged compensation for delayed wages. This condition is stated in Article 236 of the Labor Code of the Russian Federation. In this case, the interest rate must be no lower than 1/150 of the current refinancing rate of the Central Bank of the Russian Federation. Based on Article 21 of the Labor Code of the Russian Federation, every employee has the right to receive timely wages due to him. By law, salaries must be paid at least every 15 days.

Violation of deadlines

In addition to the three-day period given to the employer for payment, it is necessary to take into account holidays and weekends. If the payment date falls on a holiday or weekend, the employer is obliged to transfer the funds in advance.

Labor legislation requires mandatory compliance with payment deadlines. Actions of management aimed at implementing regulations should not lead to infringement of employee rights.

In the event that a crisis in a company deprives it of the ability to timely pay social leave benefits, management must contact the Social Insurance Fund. The necessary amount will be received from the Fund, but the employer must pay for the first days on his own.

If an employee of an enterprise has not taken annual official leave for several years, responsibility for this lies with the employer. It is the employer who is obliged to monitor the exercise by employees of the right to leave. In this case, the legislation guarantees the employee compensation for vacation money in full.

When are vacation pay transferred at work? See here.

Employer's liability

An employee who has not been paid vacation pay or compensation for unused vacation on time may file a complaint with the labor inspectorate in connection with the employer’s violation of the law.

In addition, the employee has the right to file a claim against the employer in court. The court then opens a labor dispute. It can last 3 or more months.

The form for a complaint to the Labor Inspectorate against an employer is here.

An employee can personally contact the employer by writing an application requesting payment of vacation funds 1 day before the rest period begins.

The employer is liable if he delays the payment of vacation pay.

Types of punishment for him include:

• penalties;
• obligation to pay a penalty;
• detention.

FAQ

Question 1. If the employer paid part of the vacation pay on time, but delayed part, then based on what amount will the compensation be calculated?

Answer. Compensation is calculated from the amount that was delayed. For example, an employee’s vacation pay is 15,000, it must be paid on 04/05/2018, but the employer transferred only 10,000 rubles to the employee during this period, and the vacationer received the remaining 5,000 only on 04/10/2018. In this case, compensation will be calculated based on 5,000 rubles and 5 overdue payments.

Question 2. Is the employer obliged to pay compensation for the delay in vacation pay if it was not his fault, for example, there was a malfunction in the bank or the cashier did not show up for work?

Answer.
The employer must pay compensation regardless of the reason for the delay in payments. Rate the quality of the article. Your opinion is important to us:

Fine for late payment of vacation pay

If the employer has violated the three-day deadline for paying vacation pay, wages and other payments due to the employee, he must repay the debt by paying it with interest.

The amount of compensation is no less than 1/300 of the refinancing rate. In this case, the amount is calculated for each day of delay in payment, starting from the day after the established payment deadline until the actual settlement day.

The amount of compensation may be higher, in accordance with the employment contract or local regulations. The employer is obliged to pay the funds regardless of whether the delay is his fault or not.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

According to the law, the employer is obliged to notify employees about the start of their vacation no later than 14 days in advance. The method of notification is not clearly regulated anywhere.

Size

Legislation in the field of administrative offenses establishes the following fines for late payment of vacation pay in 2020 and late notification of the start of vacation:

• for officials: a warning or a financial fine in the amount of up to 5 thousand rubles;
• for individual entrepreneurs: fine from 1 to 5 thousand rubles;
• for LLC: a fine of 30 to 50 thousand rubles.

This is important to know: How to reflect vacation pay in 6 personal income taxes: sample 2020

Entrepreneurs and organizations can be punished by a ban on conducting activities for up to 90 days. If there is a repeated situation with non-payment of vacation pay, the legal entity may be disqualified for a period of up to 3 years.

If vacation funds are not paid for 2 months or more, the employer may face criminal liability.

Types of such liability:

• fine up to half a million rubles;
• a fine in the form of the culprit’s salary for a 3-year period;
• imprisonment for arrest, the maximum term of which is 3 years.

If the employer paid only half the amount or less from the vacation pay, and the delay is more than 3 months, then he needs to pay 120 thousand rubles or wages for the year.

Example: an employee was granted official paid leave for a period of 28 days from 05/04/2015 to 05/31/2016. Vacation payments were made only on June 8, 2020.

When to transfer vacation pay to an employee? Read here.

How to calculate the amount of vacation pay in 2020? Details in this article.

Offenses present in the example and responsibility for them:

1. Administrative offense. The employer violated the employee's labor rights and is subject to an administrative fine. If there have been similar violations before, the management faces disqualification.
2. Vacation payment was not made on time. Because of this, the employer is obliged to pay compensation (interest), the amount of which depends on the length of the delay.
3. Adverse consequences for the employer from the tax service. Expenses for paid compensation are not recorded in wage expenses, because interest is in no way related to the working hours and maintenance of employees. These expenses cannot be included in non-operating expenses.

A number of arbitration courts also consider the inclusion of compensation payments in income tax expenses to be unjustified.

Rostrud prohibited issuing vacation pay for three days - fines and liability, how to pay

Criminal prosecution may be initiated against the head of an enterprise who fails to pay his subordinate vacation pay in full on time.
The employer will have to answer to the law. The punishment is given in Article No. 145.1 of the Criminal Code of Russia. For managers, current legislation provides for the following types of sanctions:

• in case of partial payment of vacation pay, a delay of more than 3 months, disqualification and a ban on holding managerial positions for a period of one year, forced correctional labor for a two-year period or imprisonment for up to a year are imposed;
• in case of complete non-payment of vacation pay, the following criminal penalties are provided: imprisonment for a term of up to three years, correctional labor or disqualification from office and a ban on engaging in entrepreneurial activity for a similar period;
• if the employer’s actions regarding the delay in accruing vacation pay resulted in serious consequences, then the punishment will be more severe. The court may sentence the perpetrator to imprisonment or disqualification for up to five years.

https://www.youtube.com/watch{q}v=TVSx7u9ha9A

The company's management is held criminally liable if the offense was committed intentionally, for personal gain.

The employer, according to existing legislation, cannot have justified reasons for violating the terms of vacation pay payments. This is where the full severity of the consequences for this type of violation arises (fines for late payment of vacation pay, inspections by executive authorities, etc.).

It was already mentioned above that the employee has every right to receive compensation for each day of delay in the payment of vacation pay.

In addition to compensation, the labor inspectorate or bailiffs may impose penalties on the organization, and in some cases, on authorized persons of this organization. The amount of the fine will vary depending on the situation.

The fine for late payment of vacation pay can be reduced. An enterprise that has delayed vacation payments to employees must provide compensation for failure to meet deadlines (Article 236 of the Labor Code of the Russian Federation). The minimum amount of compensation payments is determined based on the Central Bank rate and is equal to 1-150 for each day of non-payment.

When an employee applies in writing to the labor inspectorate, the employer is subject to additional penalties of up to 30.0 thousand rubles. When an employee files a complaint in court, he has the right to additionally demand compensation for moral damages from the employer.

If the company delayed vacation payments by only 1 day, the amount of compensation will be insignificant.

The deadline for paying vacation pay is no later than 3 days from the start date of the vacation (Article 136 of the Labor Code of the Russian Federation). The Labor Code does not indicate which days are taken into account - calendar or working days. But in the letter of Rostrud (No. 1693-6-1 dated July 30, 2014) it is explained that the calculation must be carried out in calendar days.

It is planned to introduce amendments to the Labor Code of the Russian Federation regarding payment terms, according to which the period will be equal to 3 working days, but at present these changes have not been made.

When determining the specific date of payment for a worker's vacation, accountants adhered to generally accepted norms: vacation begins on Monday - payment is made on Friday of the previous week. Previously, Rostrud employees adhered to similar regulations.

But today their opinion has changed; paying vacation pay on Friday is a violation of the law. The obligation provided for in Article 136 of the Labor Code of the Russian Federation (payment no later than 3 days before the start of the vacation) cannot be changed in the direction of infringing on the rights of the employee, either by agreement of the parties or on the basis of a collective contract.

The opinion of the Ministry of Labor is stated in letter No. 14-1/ОOG-7157 dated September 5, 2020, which sets the deadline for paying vacation pay on Thursday if the vacation begins on Monday.

A similar situation is developing in judicial practice: a disciplinary sanction was imposed on an enterprise from the Perm region for paying vacation pay on Friday, when vacation was issued from the beginning of the week.

There are no time limits on holding an employer accountable for violating the deadline for paying vacation pay. If the delay is allowed with the consent of the company’s management, it is not necessary to interrupt previously planned trips; all issues can be resolved on your first working day.

The difficult financial condition of the enterprise, the lack of desire to continue the employment relationship with the employee does not give the employer the right to delay payment. First, you need to personally find out the reasons for the non-payment from the director of the organization. If communication does not bring results, it is necessary to resolve the conflict with the help of supervisory authorities.

Delay, regardless of the reason for its occurrence, is every day after the deadline for payment of due funds.

Algorithm of actions in case of delay in payment of vacation pay:

1. Negotiations with management; if justice is not restored, then you should contact the first supervisory authority.
2. An appeal (complaint) to the Labor Inspectorate, most conflicts are resolved at the stage of inspection of specialists from this body.
3. Appeal to the prosecutor's office or court. If the order of the labor inspector is ignored by the employer, then the officials are called to account through the prosecutor's office or the court.

In the text of the lawsuit to the court, the employee describes the situation of violation of the provisions of Article 124 of the Labor Code of the Russian Federation. The court hearing is held within 1 month from the date of registration of the complaint.

If the court makes a decision that the rights and interests of a subordinate have been violated due to non-payment, the employer will receive an order to forcefully repay the debt during the vacation.

We suggest you read: Search for fines by administrative offense act number

The court does not take into account the lack of funds in the organization, untimely registration of registers with the bank, electronic signatures for documents, and errors in payment orders. The supervisory authority adheres to the position of the injured party, the chance of making a decision to satisfy the legal requirements is very high.

https://www.youtube.com/watch{q}v=O_Bjk1t1imc

If in this case, the employer refers to financial instability, the issue is resolved with the help of bailiffs (sale of property, seizure of company accounts).

These events force company directors to be more attentive to their responsibilities. Late payment of vacation pay, disrupted due to the fault of the employer, threatens to cause large-scale problems for the company.

Video about when benefits should be paid

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Delayed vacation and vacation pay: consequences for the employer

A selection of questions from readers.

My vacation pay is being delayed; I have been on vacation since 08/01/19.

Contact the prosecutor's office or the labor inspectorate, they will conduct an inspection and issue an order to eliminate the violation.

Can vacation be delayed and for how long?

According to Art. 124 of the Labor Code of the Russian Federation, if the employee was not paid in a timely manner for the duration of the annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon the written application of the employee, is obliged to postpone the annual paid leave to another agreed period with an employee.

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Thus, vacation can be delayed only with the consent of the employee.

No. If you were included in the vacation schedule in advance and wrote an application 14 days in advance.

Maybe, if it is related to the production needs of the organization. Then the employer will be obliged to provide vacation at a time convenient for you outside the previously agreed schedule.

The employer is obliged to provide you with leave for the previous year of work within 2 years, but only with your consent.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The employer's actions are unlawful, because according to Art. 123 of the Labor Code of the Russian Federation, the vacation schedule is mandatory for both the employer and the employee. Transferring your vacation to another date is possible only with your consent (Article 124 of the Labor Code of the Russian Federation).

Do they have the right to delay vacation pay and pay it only after going on vacation?

How long does it take to write a vacation application and can vacation be delayed?

The application must be submitted in advance; three days before the start of the vacation, vacation pay must be paid. They cannot detain; leave is granted strictly according to schedule (Article 123 of the Labor Code of the Russian Federation).

The boss delays the signature on the vacation application.

Contact the labor inspectorate.

Does an employer have the right to delay vacations until the end of the working year?

No, it doesn't. Vacation is granted based on the vacation schedule. Article 123 of the Labor Code of the Russian Federation - the vacation schedule is mandatory for the employer and for the employee.

I am on maternity leave, our institution has already delayed the payment of wages for 7 days, and I have child care benefits! I want to properly file a claim.

When you compose it in the name of the manager, do not forget to add a clause about the penalty, which is accrued from the first day of the delay, and indicate the calculation.

My wife is a contract worker and was supposed to be on maternity leave until March 2020, but decided to leave earlier; does she have the right to a reduced working day? Don't work shifts? Don't stay late after work at work (work overtime)?

If we are talking about military service, then your wife, until the child reaches 3 years of age, in accordance with paragraph 9 of Art. 10 Federal Law “On the status of military personnel” in conjunction with Art. 259 of the Labor Code of the Russian Federation cannot be involved without her consent in the performance of military service duties at night, on non-working days, weekends and holidays. As for the shortened day, it is not provided for by current legislation for military personnel.

This is important to know: Application for non-vacation leave: sample 2020

Certainly. Write a complaint to the labor inspectorate and the prosecutor's office.

What to do in the following case: an in-person meeting of the owners of an apartment building has been held, the elected chairman of the meeting is delayed on vacation and does not have time to return within 10 days to sign the protocol and submit it to the management company. Who can sign the protocol for him and how to do it correctly?

During the absence of the chairman, there must be a person who replaces him and acts by proxy.

I work officially. Now on maternity leave for up to 1.5 years. The maternity leave was supposed to arrive on the 15th, today I wrote to the accountant. She said they would come today, but they never came. How long can an employer delay maternity leave?

The legislation does not establish a time limit for delaying transfers, so it is impossible to answer on the merits.

Where to go if you haven't paid your vacation pay

But if this does not bring results, the citizen can submit an application to the specified authorities to bring the company’s management to justice.

The application is drawn up in free form in compliance with the rules for maintaining official documentation and indicating the following information:

1. Details: Full name of the person to whom the document is sent, Full name, registration address and contact telephone number of the applicant, full name of the employing organization indicating the form of ownership, contact telephone number, address of the head office and Full name O. manager.
2. The essence of the complaint: the date of leaving on vacation according to the schedule, the amount due for payment, the expected date of payment, the number of days of delay.
3. Link to the document on the basis of which the applicant cooperates with the organization (employment contract), its details.
4. The applicant’s demands: consideration of the complaint, inspection of the enterprise’s activities, collection of debt from the employer along with compensation.
5. Date of document preparation and signature.

Sample application for late payment of vacation pay to the labor inspectorate:

Employer's liability for delay

Most often, fines are applied, however, in case of serious violations and repeated cases of bringing such issues to court, the responsible official may be subject to stricter administrative and even criminal liability.

Amounts of fines for late payment

• for officials - up to 5 thousand rubles;
• for individuals who are individual entrepreneurs - 1-5 thousand rubles;

In case of repeated violations, the amount of fines increases, and other penalties are applied to officials and organizations - removal from office for 1-3 years and temporary or complete suspension of activities, respectively.

Criminal liability, according to Article 145 of the Criminal Code, can be a fine of 120 thousand rubles. or imprisonment for up to three years.

Right to rest

The number of days of legal rest depends on many factors:

• length of service in the organization;
• special working conditions specified in the employment contract;
• climatic conditions at the place of work;
• the employee’s rights to additional leave, voluntarily prescribed by the employer in the collective agreement or internal regulations.

Please keep in mind that postponing weekends is not considered a holiday. That is, in the above example, despite the fact that Monday March 7 was a non-working day, it does not apply to holidays and does not reduce the number of vacation days.

Additionally, the law provides for cases of increasing the duration of rest.

The table shows the minimum duration of the increase to 28 days.

The frequency of employee rest is prescribed in the vacation schedule approved annually.

Payment order

The denominator includes 12 calendar months and a certain number 29.3. This is exactly what is considered to be the average number of days in a month in the 2020 edition of the Labor Code.