How to apply for compensation for unused vacation

How to write {q}

According to the Labor Code of the Russian Federation, each employee has the right to 28 calendar days of annual paid leave.
In the event that an employee decides to leave of his own free will without taking the required vacation days, he may qualify for monetary compensation. By law, an employer can either agree to a material payment or refuse such a privilege to an employee without explaining the reasons. Most often, the refusal is due to production needs.

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Then the dismissed employee must take the entire allotted vacation, followed by dismissal. If the head of the organization is ready to provide financial compensation, the employee must immediately submit a resignation letter to the HR department with compensation for unused vacation.

Compensation can be received for all types of vacations that are required by law. Paid on the day of dismissal. When leaving without leave, it is usually not necessary to write a separate application for compensation. It is enough to simply write a letter of resignation of your own free will.

HR department employees independently determine unused rest days and transmit the data to the payroll department to reimburse the employee. An application for compensation for vacation days is written if the employee continues to work at the enterprise, but wants to replace additional days (exceeding 28 basic days) of vacation with a cash payment.

In the case where the employer has approved the replacement of the main vacation with a cash payment, he must pay a fine of a significant amount. This action is considered illegal.

Expert opinion

Irina Vasilyeva

Civil law expert

There is no need to indicate a request to pay vacation compensation in the resignation letter, however, the managers of some enterprises categorically refuse to pay compensation if this requirement is not taken into account in writing. In this case, it is necessary to make the appropriate note: “with compensation for unused vacation.”

The application for dismissal is drawn up on an A4 sheet of paper in two copies, in free form, addressed to the general director of the organization.

The name of the enterprise, the surname and initials of the manager, the surname and initials of the dismissed employee, information about the position he occupies are located in the header of the document, which must be placed in the upper right corner.

The application can be written either by hand or in printed form. It must be certified by the signature of the dismissed employee, and the date of signing is indicated. The document must be submitted to the HR department two weeks before the desired date of dismissal.

If an employee is going to resign and receive monetary compensation for unused vacation, he has the right to draw up a document as follows: “In accordance with Article 80 of the Labor Code of the Russian Federation, I ask you to dismiss me of my own free will on April 21, 2020.” Determining unused vacation days and calculating compensation is the responsibility of the company.

In the case when the manager demands that the demand for compensation payment be recorded in writing, the resignation letter may look like this: “I ask you to dismiss me of my own free will on April 21, 2020, with the provision of monetary compensation for unused vacation.” This type of statement is rare and is an individual requirement of the manager.

When writing a resignation letter, you must strictly adhere to all the rules for drawing up the document. An incorrectly drawn up document by an employee and a loyal attitude of the organization to the structure of the application can lead to serious problems in personnel records management.

Below is a sample application for resignation on your own initiative. A sample application for resignation of one's own free will with compensation for vacation is available

Relations between employer and employee are regulated by agreement with internal organizational regulatory documents, as well as the Labor Code of the Russian Federation. In accordance with them, the employee has the right to receive compensation for unused vacation. To do this, you should write an application.

Each employee who wishes to refuse to take annual paid leave can receive compensation for each day.

The process of granting leave to an employee performing work duties under the main contract is no different from the sequence of receiving leave under a part-time contract.

The employee receives vacation equal to 28 calendar days. If the manager complements it, then the employee has the opportunity to receive compensation.

Please note that when setting the start date for vacation, the boss must ask the employee about the period of time off at his main place of work. This is due to the fact that these dates must coincide.

The legislation of the Russian Federation allows an employer to refuse to compensate an employee for vacation. Instead of money, he will receive full time off.

Most often, refusal is associated with a difficult financial situation. Less often - with the personal initiative of the leader. But in any case, the parties have the opportunity to reach an agreement. Quality relationships are built only on agreement.

Author of the article:

Anna Maksimenko

There are employers who value their employees and have the opportunity to express this financially. Following the rule “you can’t do worse than the Labor Code of the Russian Federation, but you can do better,” they decide to assign additional leaves to different categories of workers.

This point may be reflected in the collective agreement. A local regulatory act may also be adopted. If leave is determined by order, compensation for it is determined by the same standards.

An employee can compensate with money not all of the additional leave, but part of it. What to do if vacation has accumulated over two years{q}

You need to deduct 28 days for each year, and compensation can be issued for the remaining days.

The main thing is to indicate three things in the body of the application: the basis, the request and the reason.

• basis - reference to Article 126 of the Labor Code of the Russian Federation;
• request – text in the format “I ask you to replace unused vacation days with monetary compensation”;
• the reason is the right to additional leave.

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Indicate how many days of additional leave and for what period will be compensated. After the text of the application, put a signature with a transcript of the surname and indicate the date.

When the employer signs the application, an order will be prepared to pay compensation in lieu of leave.

Is it possible to assign additional responsibilities to an employee and in what cases{q} Recommendations and information are available here.

An order to replace unused vacation with monetary compensation.

An application for payment of compensation for unused vacation is drawn up by the employee in free form, except in cases where the form is unified by the regulations of the enterprise.

When drawing up a document, it is important to follow the following rules:

• the application is drawn up on a sheet of A-4 format, in written or printed form by an employee of the enterprise;
• the informative part of the application indicates in whose name it is being issued, and also states the name of the organization and personal data of the applicant - full name, position;
• then the name of the document is written;
• below is the employee’s request indicating the regulatory basis for replacing his leave with monetary compensation;
• at the end of the application the date of its preparation and the signature of the applicant are indicated.

When drawing up an application, it is important to use the basic rules for maintaining and drawing up business documentation or take into account the forms of document forms established at the enterprise.

As a general rule, compensation for unused vacation is provided to employees who want to quit their job on their own or other initiative. After drawing up the application, the employer has a short amount of time to calculate the wages that need to be paid, as well as compensation for unpaid vacation.

If an employee leaves the company or wants to replace part of the vacation exceeding 28 days with monetary compensation, he is required to write a statement. Based on this paper, the head of the organization can decide to pay compensation or offer to take a vacation and only then resign.

The application for compensation is written on an A4 sheet by hand or typed on a computer:

1. On the right, the header indicates the position of the head of the organization, its name, surname and initials of the head in the dative case.
2. Below, in the genitive case, the position and full last name, first name, and patronymic of the compiler are indicated.
3. After the header, a few lines are skipped and “Statement” is written in the middle.
4. Under the title of the document there is a request to replace the vacation with monetary compensation.
5. At the very bottom the number and signature of the compiler are indicated.

Employer's liability in case of violation of employees' rights to leave

Unfortunately, some employers experiencing a shortage of personnel are not afraid to violate the provisions of the Labor Code governing the procedure for replacing the vacation period with cash. Thus, it is often possible to encounter situations where employers offer subordinates to replace part of the annual main leave with mating. compensation, which is a serious violation of the labor rights of citizens. According to the provisions of legislative acts, the following penalties are provided for such a violation:

1. In relation to the head of the enterprise - 1-5 thousand rubles;
2. For individual entrepreneurs – 1-5 thousand rubles;
3. For the employing organization – 30-50 thousand rubles.

In the event that government bodies charged with monitoring compliance with the labor rights of workers notice a repeated violation of a similar nature, the amount of penalties will be significantly higher:

1. In relation to the head of the enterprise - 10-20 thousand rubles or removal from official functions for a period of 1-3 years;
2. For individual entrepreneurs – 10-20 thousand rubles;
3. For the employing organization – 50-70 thousand rubles

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Compensation calculation

In certain situations, labor laws do not exclude compensation for unused vacation without dismissal. So, for example, this is possible for employed citizens who have been granted vacations (including additional ones) longer than those provided for by law, we can talk about persons:

• legally claiming additional days of rest, these are professions associated with high psychological and emotional stress (civil servants, teaching and medical workers, etc.);
• socially protected groups of people (disabled people, single mothers, large families, guardians, minors);
• liquidators of emergency situations, combatants;
• athletes and coaches.

Additional vacations paid by the employer are provided to the mentioned persons on the basis of federal legislation, or acts in force in companies, collective agreements developed with the consent of the employer, taking into account the position of the trade union organization on this issue (if one has been created in the company).

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If the mandatory 28 days required by law are sufficient for a working citizen to have a good rest, he has the right to apply for compensation, which will serve as the basis for its payment.

We must not forget that replacing rest days with money is considered a right and not an obligation for the employer. That is, the latter has the right to refuse material replacement for the required rest.

How to calculate compensation for unused vacation upon dismissal in 2020{q}

Information required at the initial stage of calculating payments:

1. Rest days unused by the employee.
2. Average daily wage for the calculated period.
3. Other payments taken into account when determining the latter.

Based on these indicators, compensation for unused vacation is calculated.

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Compensation for unused vacation = (equal to) the number of unused vacation days X (multiply) by the employee’s average daily earnings

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Provided that the employee has worked for a full year, the calculation period will be considered to be the 12-month period elapsed until the termination of the employment relationship. If less than a year has been worked, then such period will be calculated from the day the resigning employee began his duties until the month preceding the month of dismissal.

Before calculating compensation for vacation, the days worked in the billing period are summed up, then the time spent is subtracted from them:

• on treatment (according to sick leave);
• outside the place of work as a result of legal release from it;
• on business trips.

When determining the average salary, all income received by the employee during the calculated period must be taken into account, incl. various allowances, bonuses, etc.

And the following payments are not taken into account in the total amount:

• bonuses that are one-time in nature;
• business trips;
• sick leave benefits;
• payment for travel to the place of work, food, etc.

In order to determine the average daily salary, the income received by the employee for the year should be divided by 12 (number of months), and then by 29.3 (which is the monthly average).

If the year is not fully worked out, then a clarifying calculation formula is applied.

Having prepared the necessary data, you can calculate compensation for unused vacation; for these purposes, the daily salary received is multiplied by the number of unused vacation days.

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The amount of compensation is calculated by the accountant based on the employee’s average daily salary, which is calculated either from the moment the employee was hired (if he worked for less than a year) or from the moment of the previous vacation, and the duration of the vacation subject to compensation.

It is worth remembering that some categories of employees upon dismissal have the right to receive compensation in full. These include:

• Employees who have worked for the organization for more than 11 months.
• Employees who have not taken vacation for 11 months.
• Persons who worked in the organization from 5.5 to 11 months if the dismissal was made for the following reasons:

– liquidation or reorganization of an enterprise;

– staff reduction;

- leaving for military service.

- found to be unsuitable for work.

SK=Sdz*Kdo, where

• SK – compensation amount;
• Sdz – average daily earnings;
• Kdo – the number of vacation days unused by the employee.

Sdz = (ZPf:N):29.3, where

• ZPf – actual wages for 12 months, before the calculation period;
• N – the number of months that have passed since the last vacation or employment;
• 29.3 – average monthly number of calendar days in a month.

As an example, let’s try to calculate the amount of compensation for Olga Petrovna Sidorchuk’s vacation.

Her monthly salary was 5,200 rubles. Plus, in February she was paid a bonus of 3,000 rubles. Before her dismissal, she worked for the organization for 9 months.

salary = 5,200*9 3,000 = 49,800 rubles.

Sdz = (49,800: 9): 29.3 = 188. 86 rubles is Olga Petrovna’s average daily earnings.

(28:12)*9 = 21 days.

Now we calculate the amount of compensation: 188.86 * 21 = 3966 rubles 6 kopecks.

The employer is obliged to pay this amount to Olga Petrovna on the day of dismissal.

The employee decided to quit and wrote a statement. The immediate superior signed it, and HR officers formalized the order.

What will the employee receive{q}

• wages for days of work from the previous calculation to the day of dismissal;
• compensation for all unused vacations, including additional ones;
• severance pay (if the organization reduces staff or is liquidated).

Article 127 of the Labor Code of the Russian Federation suggests using vacation days and then leaving. The day of dismissal will be the day on which the vacation ends.

Fortunately, this does not apply to honest, disciplined and responsible people.

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The vacation was a long time ago, but there is no opportunity to rest{q} In the evening you will find your work book in your hands, and tomorrow morning it is advisable to start work in a new place, leave, relax on a well-deserved pension{q}

No, you don't need to write. The HR department will calculate how many days compensation is due, and the payroll department will determine the amount. But if an employee wants to rest, he has the right to write a leave application.

Compensation will be accrued for all types of vacations that are required by law: basic, additional, extended.

It was a voluntary decision of the employer to add additional days to those required by law.

In general, you can calculate the number of days that will be included in the formula for calculating compensation. You need to multiply the number of months since the end of the previous vacation period by a constant value of 2.33.

If an employee quits, he has the right to receive compensation for unused vacation.

When calculating the amount, several indicators are taken into account:

• how many vacation days the employee did not use;
• what is the average salary of an employee per month;
• indexation coefficient.

If an employee worked less than half a month in the current period, he is not taken into account when calculating the final amount.

The indexation coefficient is applied only if the salary has changed within one year. It is found by dividing the new salary level by the old one.

The calculation of compensation payments depends on several factors that directly affect the amount of compensation and the specifics of its provision to an employee of the organization.

When concluding an open-ended employment contract, the employee is entitled to at least 28 calendar days of rest for each year worked, while labor legislation establishes that the number of vacation days can be increased in accordance with the provisions of the local regulations of the enterprise, but cannot be less than the period established by the legislator.

To calculate compensation for unused vacation, it is necessary to determine the total vacation period of an employee of the organization, which is determined in proportion to the time worked.

Vacation = (Number of vacation days per year) / (12 months) × Months worked - Part used

Vacation= (28 days)/(12 months)×10 months-7 days=16.3 calendar days

The employee is entitled to compensation for 17 days of non-vacation leave, since according to the resolution of the Ministry of Labor, when receiving a non-integer amount in calculations, rounding must always occur upward.

When calculating the number of months for the formula, the following rules are taken into account:

1. If the number of days worked in the current month is more than half of the calendar month, then such a period is counted as a whole.
2. If the number of days worked in the current month is less than half, then these days are not taken into account for calculating compensation.

Who can't get it and why?

By law, every employee (regardless of the reason for leaving their position) has the right to receive payment for vacation time taken. However, in some situations it may not be possible to receive such compensation. This may happen in the following cases:

1. If the dismissed employee has fully used his vacation - in accordance with Part 1 of Art. 115 of the Labor Code of the Russian Federation, the total duration of annual paid leave is 28 days (except for cases when we are talking about extended main leave). Thus, if an employee takes this period off during the year, there will be no need to pay compensation upon dismissal.
2. If the dismissed person worked in his position for less than 6 months - in accordance with Part 2 of Art. 122 of the Labor Code of the Russian Federation, the right to go on vacation arises for an employee (in the first year of work) after 6 months have passed from the date of employment with a specific employer.

The only exceptions are certain categories of employees (women preparing to go on maternity leave, minors under the age of 18, etc.), who may request annual paid leave earlier than the established period. But if an employee took vacation “in advance,” the paid vacation pay will be deducted from him when calculating.

Our specialists have prepared a number of materials for you, from which you will learn how to act if you are not given a salary upon termination of a trade union, whether it is due upon dismissal under the article, and how to formalize and file a claim for its recovery.

Financial compensation

In accordance with Article 126 of the Labor Code of the Russian Federation, an employee has the right to replace unpaid vacation days with monetary compensation. There is one subtlety here: compensation can only replace additional leave; the employee must use the main leave of 28 days in full (Article 126 of the Labor Code of the Russian Federation).

That is, Alexander can take 5 days off at a time convenient for himself (in agreement with management), and replace 8 days of additional leave with monetary compensation. Compensation can be requested for all or part of the additional leave.

We suggest you familiarize yourself with: Non-vacation leave upon dismissal, how it is paid

Not all categories of workers can receive monetary compensation instead of vacation. Young workers under the age of 18, workers employed in hazardous (hazardous) production and pregnant women must take full leave (Article 126 of the Labor Code of the Russian Federation). They are not provided with monetary compensation.

The only exception is vacation compensation upon dismissal of an employee. In this case, the employee is provided with compensation for all vacations not taken, both for the main and for the additional ones (Article 127 of the Labor Code of the Russian Federation).

In this case, you do not need to write an application for compensation upon dismissal - the employer is obliged to do this automatically.

Cash compensation for unused vacation is allowed only if the duration of annual paid leave in the local acts of the organization exceeds the minimum established duration of leave for working citizens in accordance with current labor legislation.

For example, if the organization’s Charter or other document of the enterprise establishes a vacation duration of at least 33 calendar days, then you can count on receiving compensation payments without dismissal only for 5 days of vacation. Similar rules apply to determining compensation for additional paid leave.

To receive compensation, the employee must submit an application addressed to the employer with such a request, however, only the employer makes the decision to determine and replace vacation with compensation. If the employer does not agree with the application, he has every right to refuse the employee’s request.

The legislation on vacations must be strictly observed, since every working citizen is entitled to time to rest not only as days off, but also as annual leave for the performance of work duties, in accordance with the provisions of the labor legislation of the Russian Federation and world conventions.

Grounds for refusal to provide cash payment for unused vacation

However, the employer does not always have the right to award a cash payment to his subordinate in exchange for providing the remaining days of vacation. The legislator has developed a list of categories of workers who must take off their allotted rest period, but receiving cash payments instead will not be available to them. This measure was taken due to the fact that employees need to rest, as a rule, to restore their own health or strength lost during the performance of work functions. This list is:

• Women expecting the birth of a child;
• Citizens who have not reached the age of majority;
• Workers whose working conditions are of a certain class of harmfulness or danger that can cause damage to their health;
• Persons who, according to medical indicators, have had exposure to radiation on their body as a result of the Chernobyl accident.

If the employee does not belong to any of the above categories, he has the right to request from the employer a financial payment for unused days off, but subject to the availability of additional. vacation lasting more than 7 days.

Procedure for assigning compensation instead of vacation

If you would like to receive compensation instead of a vacation, you should write a statement and submit it to your immediate supervisor. He considers the appeal and makes a decision.

If the boss agrees, he puts his signature on the application. Then the employee has the right to rest for 28 days and receive cash for the rest of the period. After receiving full legal time off, the specialist begins to perform direct duties as usual.

If the manager refuses to compensate for the vacation, he rejects the application and does not sign his autograph. The employee has to use the rest to its full extent.

If an employee has written an application for compensation instead of a vacation, and then changes his mind, he has the right to refuse it at any time before the vacation begins.

Payment period

The law specifies the following periods during which the employer is obliged to pay compensation:

1. Upon dismissal, payment is paid directly on the day of dismissal.
2. For compensation for part of the vacation - within 10 days from the date of approval of the application or with the next salary

If the manager agrees to compensate part of the employee’s annual leave, he must sign the application. Then the paper is transferred to the office or accounting department. An order is issued.

It is on this basis that the employee has the opportunity to get a day instead of the required rest. Vacation funds will be provided to the employee along with the following payments, for example, wages.

If an employee quits and instead of a vacation wants to receive real money, it is provided to him along with the payment and documents.

For example, an employee wants to quit on September 1, 2020. He writes a statement on the specified date. At the same time, he draws up an application for leave, as well as compensation for additional rest. In two weeks, or rather on September 15, the former employee will receive documents, wages, as well as due compensation.