How to calculate vacation days for hours worked. How to count vacation days - how many days are required by law, calendar or working days

Every officially employed citizen has the right to annual paid leave of 28 calendar days. Vacation is paid based on the average earnings of the employee for the last calendar year. This does not mean a calendar year, but a working year, and the countdown begins not from January 1, but from the date of concluding an employment contract with a specific employer.

The right to take annual leave arises for an employee after six months of working for a given employer. If the parties to the contract reach an agreement, the leave may be granted earlier. If an employee quits without working for even six months, the employer is obliged to pay him compensation for unused vacation days. How to calculate how many vacation days an employee has accumulated? The formula for calculating vacation pay is not that complicated. You need to know which periods are taken into account for the length of service that gives you the right to leave.

Starting from the second year of fulfilling his labor duties, the employee’s vacation is provided in accordance with the schedule, which must be approved at each enterprise before December 15 of the current year for the next year. Every employee should be familiar with the methodology for calculating vacation pay.

Vacation pay is calculated using the formula:

OTP = (Salary / (12 * 29.3))* number of vacation days, where:

• OTP - the amount of compensation received for vacation;
• Salary is the salary of a given employee for the entire period worked; 12 - number of months in a year;
• 29.3 is the average number of days in a month. This value is set at the Government level.

Calculation and payment of vacation pay must be made no later than 3 calendar days before the start of the employee’s vacation. It is more difficult to use the above formula if the employee has not completed a full working year.

(29.3 / 12) * total number of months worked. 29.3 / 12 = 2.44 days each employee has for the month actually worked.

When calculating vacation pay, the following periods are taken into account, according to Art. 121 Labor Code of the Russian Federation:

• actual work time;
• days when the employee was actually absent from the workplace, but it remained with him. Such cases are given in the Labor Code of the Russian Federation and other regulations;
• days of forced absence;
• other periods specified in Art. 121 Labor Code of the Russian Federation.

For example, an employee got a job on November 2, 2015, and quit on April 28, 2017. He worked the entire period in full, without absences. Thus, he “accumulated” 5 months of experience for vacation. Since April has “passed” the halfway point, it is considered fully. Therefore, the employee has “accumulated” 2.44 * 5 = 12.2 vacation days. According to the rounding rules - 12 calendar days.

Vacation pay formula

What does the formula for calculating average earnings for vacation pay look like:

Srzar = Zarpl / (12 * 29.3), where:

• srar is the average salary for 1 day of work for a specific employee;
• Salary is the entire accrued salary of a particular employee for the last working year;
• 12 - number of months in a year;
• 29.3 is the average number of days in 1 month.

For example, an employee got a job on June 2, 2016, and from June 1, 2017, he has the right to go on vacation. During this period he received 578,000 rubles. Thus, his average wage for 1 day of work is:

578,000 / (12 * 29.3) = 1,638.32 rubles.

The formula for calculating days according to the vacation calendar is as follows:

(29.3 / 12) * total number of months worked. Each employee has 29.3 / 12 = 2.44 days for the month actually worked. For example, an employee worked a full 7 months for this employer. Therefore, upon dismissal, he has the right to receive compensation for 7 * 2.44 = 17 calendar days of vacation.

Calculation formula

The formula for calculating vacation days looks like this:

Average earnings of a given employee * number of vacation days.

Each employee has the right to independently split his vacation, but with the condition that one half of it will be at least 14 calendar days. He has the right to divide the remaining days. But you need to reach an agreement with the employer, since splitting the vacation is out of the general schedule, and this may affect the rest of other employees.

Average earnings for 1 day of work are calculated using the following formula:

All earnings for the last calendar year / 12 * 29.3

Vacation pay in 2018 is calculated taking into account the Regulations on the procedure for calculating average earnings, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922. New calculation rules have not been developed or approved for several years.

The amount of money that an employee will receive during his vacation period is influenced by the following factors:

• the period for which the calculation is made;
• average employee earnings. It is for the purposes of calculating this indicator that it is necessary to obtain a corresponding certificate from the previous employer. This will prevent you from “losing” some amounts and periods;
• work experience;
• the number of days of rest that the employee wishes to use. The maximum amount of compensation will be paid for 28 calendar days of vacation.

Only those employees who officially work under an employment contract have the right to leave. If a civil contract has been concluded with an employee, then such an employee does not have the right to leave. The standard duration of vacation is 28 calendar days. But there are some categories of workers who, due to their profession and position, may qualify for additional days of rest.

The first leave is granted after six months of work, then according to the schedule. There are employees who can go on vacation at a time convenient for them, despite a previously approved document:

• women who will soon go on maternity leave;
• employees who have officially adopted a child under three years of age;
• minor workers.

Important! Each employee, by agreement with the employer, has the right to receive leave without pay. In this case, there is no need to calculate anything, since management does not have to pay for these days. But if you take such a vacation for more than 14 days, this will affect indicators such as length of service and length of the working year.

Number of days in the period

To calculate vacation pay, you must take the previous 12 months and the actual time worked in them. The company may set a different billing period (for example, six months or a quarter). But this norm must be enshrined in a collective agreement or other regulatory act. The employee must be familiarized with this provision by signing upon entry to work.

A self-determined period should not worsen the employee’s position as if a “standard” period were used in the calculation.

If an employee decides to take a vacation after six months, then the time actually worked is taken into account for the calculation. When calculating, you need to know which periods are excluded. These include the days the employee was on sick leave (for various reasons) and on unpaid leave (more than 14 days).

Accountants sometimes have questions regarding accounting for holidays that fall during an employee’s rest period. Should they be taken into account? According to the explanations of the Ministry of Labor (letter dated April 15, 2016 No. 14-1/B-351), these days “automatically” extend the vacation, but they are not paid.

What if the period is excluded completely? For example, a woman was on leave to care for her child. Then for the calculation you should take the period that was fully worked out, even if it was several years ago. If this period is completely excluded, then you need to take the billing month and the days actually worked in it.

Downtime caused by the employer is also excluded from the billing period. This period is paid from the wage fund at the rate of 2/3 of average earnings. But neither the amount nor the days are taken into account when calculating vacation days.

Payments taken into account when calculating

To correctly calculate average earnings, you need to know what payments are taken into account in the calculation. Government Decree No. 922 states that the employer must take into account all amounts that relate to wage payments. These payments must be specified in the relevant local regulations, which the employee must be familiar with upon starting work.

Average earnings are calculated based on the provisions of Art. 139 Labor Code of the Russian Federation. Analyzing this article, we can conclude that all payments (including incentives) that are included in the remuneration system of a given employer and that do not contradict the law are taken into account. It does not matter from what means these payments are made.

The question arises about accounting for bonuses, since they relate to incentive payments. For the calculation, those bonuses that relate to the remuneration system are taken into account. Their list must be specified in one of the following local regulations:

• contract of employment;
• wage regulations;
• regulations on incentives (bonuses);
• collective agreement.

Calculation of vacation pay on weekends

Some workers, wanting to extend their vacation, arrange their vacation so that it covers weekends and holidays. If an employee’s legal vacation includes official non-working holidays, they are not included in the number of vacation days and, as a result, are not paid. In Art. 112 of the Labor Code of the Russian Federation provides an exhaustive list of official non-working holidays in Russia. Most of them fall in January.

Young workers are often concerned about the question of whether weekends are taken into account during the vacation period? According to Art. 119 of the Labor Code of the Russian Federation, annual paid leave in Russia is provided in calendar days. In Art. 120 of the Labor Code of the Russian Federation states that weekends, along with working days, are included in vacation and are subject to payment.

Duration of vacation

In Russia, the minimum duration of annual leave is 28 calendar days. All officially employed citizens can count on such vacations. These include persons working under an employment contract. Persons carrying out their activities under a civil contract cannot count on the annual provision of 28 days of rest. Such guarantees are given only to officially employed persons.

In Russia, certain categories of workers have been identified who have the right to extended rest. The number of additional days is provided by law. In addition, the employer has the right to independently “throw in” a few days of vacation. But this provision must be spelled out in a local regulatory act.

Calculation example

In order to understand how to correctly calculate vacation pay, it is necessary to give several examples.

Example 1. Employee N. wrote an application for annual leave from 04/02 to 04/30. His salary is 56,000 rubles. Before the New Year, all employees, including employee N., were given a bonus in the amount of 18,000 rubles. Every month, employee N. receives compensation for gasoline in the amount of 5,000 rubles and for mobile communications in the amount of 1,000 rubles. The period was worked out completely by N.

1. The billing period from 04/01/2017 to 03/31/2018 has been fully worked out.
2. Payments that must be taken into account when calculating vacation pay:
   • employee salary - 56,000 * 12 = 672,000 per year;
   • New Year's bonus - 18,000 rubles;
   • compensation payments are not taken into account, since they do not relate to the wage system.
3. N.’s average earnings for the billing period are equal to:
   (672,000 + 18,000) / 12 = 57,500 per month.
4. Vacation pay calculation:
   (57,500 / 29.3) * 28 = 54,948.5 rubles.
5. N. will receive in his hands:
   54,948.5 - (54,948.5 * 13%) = 47,805.2 rubles.

Example 2. Employee N. wrote an application for annual leave lasting 14 calendar days in the period from 04/01 to 04/15. N.’s salary is 42,600 rubles. N. was hired on October 1, 2017. In December, he was on sick leave for 7 days and received 12,000 rubles during this period. In December, he also received a salary of 27,000 rubles.

1. The billing period from 10/01/2017 to 03/31/2018 has not been fully worked out.
2. Before his vacation, N. worked a full 6 months, that is, 6 * 29.3 = 175.8 days.
3. Together with sick leave in December - 29.3 * 23 / 31 = 21.7 days. Total 175.8 + 21.7 = 197.5 days.
4. Payments taken into account for calculation:
   • for 6 full months and part of December, excluding sick leave - (6 * 42,600) + 27,000 = 282,600 rubles;
   • Sick leave is not taken into account.
5. Vacation pay calculation:
   (282,600 / 197.5) * 14 = 20,032.4 rubles.
6. N. will receive in his hands:
   20,032 - (20,032.4 * 13%) = 17,427.84 rubles.

Example 3. Employee N. wrote an application for leave from 04/01/2018 to 04/15/2018. He worked for this employer for 5 years. Monthly salary - 68,000 rubles, monthly bonus - 5,000 rubles. At the end of 2017, a bonus of 30,000 rubles was paid. In March, N. was on sick leave for 7 days, the amount of payments was 27,000 rubles, the salary for March was 40,000 rubles.

1. The billing period is from 04/01/2017 to 03/31/2018.
2. In March, he worked 29.3 * (31 - 7) / 31 = 22.7 days.
3. Amount of payments for March to calculate average earnings:
   • according to the production calendar in March there are 21 working days;
   • N. actually worked 16 days;
   • premium for March (5,000 / 21) * 16 = 3,809.5 rubles;
   • the total amount for March is 40,000 + 3,809.5 = 43,809.5 rubles.
4. Due to the fact that N. was on sick leave, he worked part of the pay period. Therefore, the bonus at the end of the year must be recalculated according to the days actually worked. For N. it is 244 days. And according to the schedule - 249 days. Prize amount: (30,000 / 249) * 244 = 29,397.6 rubles.
5. Total for December - 68,000 + 29,397.6 = 97,397.6 rubles.
6. Vacation pay calculation:
   • at the end of the year (68,000 * 11) + 97,397.6 = 845,397.6
   • number of days for calculation 29.3 * 11 + 16 = 338.3
   • vacation pay amount - (845,397.6 / 338.3) * 14 = 34,985.4 rubles.
7. N. will receive 34,985.4 - (34,985.4 * 13%) = 30,437.3 rubles.

Instructions for using the vacation days calculator

1. Change the data in the "Duration of annual leave" field if you have a different duration. Also enter the number of days used if you know it.
2. In the Hiring Date and Estimated Date fields, enter your dates. The settlement date is the date on which you want to receive a settlement. These fields are required.
3. The data entered into the fields of the tables “Absence from work without reason” and “Parental leave” will proportionally deduct vacation days.
4. The data entered into the fields of the “Leave without pay” table will also proportionally deduct vacation days with the exception of the first 14 calendar days in each year.
5. Click "CALCULATE". You can save the result as a doc file.

Please also take into account:

• Use the Today button (circle with a dot) to quickly insert the current date.
• Use the appropriate buttons to add, delete and clear required fields for faster and more convenient entry and change of information.

About the calculator for calculating the number of vacation days

The vacation days calculator will easily allow you to find out how many days of vacation the employee has accumulated at one time or another.

Legislative basis for calculating vacation days

The calculation of vacation time is made in accordance with Art. 121 of the Labor Code of the Russian Federation.

Why know your vacation record?

The time spent working for one employer, which gives the right to take annual leave, which will be paid, may be needed not only to directly calculate this period, but also to know how many days are subject to compensation upon dismissal.

What is included in the vacation experience?

An employee who works continuously for the same employer will be entitled to annual leave, taking into account the following periods:

• the time when he actually performed his duties;
• periods when the employee was absent from work, but his place was retained (vacation, sick leave, maternity leave, military service, etc.);
• weekends and other non-working days;
• forced absence from work due to illegal dismissal;
• suspension due to untimely completion of a medical examination (if this is not the employee’s fault);
• additional administrative leave (no more than two weeks per calendar year).

IMPORTANT! Changes were made to the legislation regarding the accrual of length of service during administrative leave:

• from 12/30/2001 to 10/05. 2006, no more than 7 days of vacation at your own expense per year were taken into account;
• from 10/06/2006 this limit increased to 14 days.

What is not included in the vacation experience

Some periods of time will not be taken into account when calculating the length of service required for leave, namely:

• employee absenteeism;
• suspension due to alcohol, drug or toxic intoxication;
• denial of permission to work due to ignorance or failure to pass safety regulations;
• the employee did not undergo a mandatory medical examination due to his own fault;
• inability to perform work according to a medical report;
• termination of a license required for work (for example, a driver’s license, a weapons permit, etc.);
• leave to care for a child over 1.5 years old.

Counting Features

The basis is the duration of annual leave of 28 days, unless otherwise established for special categories of employees.

In the first year of work, the minimum length of service to be able to go on vacation must be at least six months. This is not included in the calculator, just keep it in mind.

In case of dismissal, employees who have worked for at least 11 months will be able to receive 100% compensation for unused vacation days.

If an employee went on vacation before 11 months of continuous work and was then dismissed, then part of the vacation pay received in advance upon dismissal will have to be returned to him.

It is prohibited not to take annual leave for more than 2 years in a row.

It is allowed to break the vacation into parts, but one of the parts should not be shorter than 2 weeks.

Workers know about their right to, but at the same time, few are familiar with the procedure for calculating the agreed type of rest, as well as the number of days for which they can claim.

Moreover, in some cases, even HR employees experience difficulties, especially if the employee’s working period is shifted for one reason or another. That is why, in order to avoid incidents when providing time off from work to the required extent, this issue is covered by law.

Legislative regulation of the issue

According to the norms defined by law, a worker can count on rest, both between shifts and weekly, and the annual basic one in the amount of 28 days in calendar terms on the basis of Article 115 of the Labor Code of the Russian Federation.

At the same time, in accordance with the norms established by Article 116 of the Labor Code of the Russian Federation, if working conditions at the enterprise deviate from normal or have some peculiarities, the worker is also entitled to a salary, the amount of which is approved by law.

In particular, in accordance with Article 117 of the Labor Code of the Russian Federation, if available, the minimum length of the period of release from labor duties is a full week, and on the basis of Article 119 of the Labor Code of the Russian Federation, 3 days. In the case of work in the northern regions, from 24 to 16 days, and for conditions involving increased psychological stress or other characteristics, up to 10 days, but in proportion to the length of service.

Moreover, according to the standards reflected in the Letter of the Ministry of Labor No. 861-7, both the main leave and the additional one, in general, are annual holiday by summing up the specified periods, taking into account certain features reflected in Letter of the Ministry of Labor No. 14-2/B-1045 and implying the provision of time of legal absence from the workplace only for work actually carried out under the specified conditions.

But the main rest is calculated based on the norms enshrined in Rules No. 169, but taking into account certain circumstances. In particular, the length of employment at the enterprise for at least six months, the length of administrative leave per calendar year and use, if it was provided. That is, according to Article 121 of the Labor Code of the Russian Federation, only periods during which the employee directly worked or was released, for example, during illness, will be taken into account.

Working hours

In accordance with Article 122 of the Labor Code of the Russian Federation, rest is provided to each worker annually, but taking into account the planned rest periods reflected in the priority schedule.

Moreover, during the first year of employment, an employee can count on rest of a full duration equal, in accordance with Article 115 of the Labor Code of the Russian Federation, to 28 days already in six months, but again taking into account the schedule. But for the second and subsequent years, the time of release from duties is granted without taking into account the period worked, respectively, also on the basis of the schedule.

At the same time, in a number of cases specified in the Labor Code of the Russian Federation, an employee may be granted an annual right to temporary release from work duties and before the expiration of six months. In particular, the company’s management is obliged to satisfy the employee’s request for unscheduled rest in the following situations:

The law also allows for the possibility of registering annual leave for ordinary employees who do not belong to preferential categories, but only in agreement with management, for example, in the event of family problems and for a period that can be calculated in proportion to the time worked.

What is a billing period

Within the framework of the law, a billing period is considered to be a certain length of time that is taken into account for the implementation of accruals or other actions.

For example, the calculation period specifically for vacations is a calendar or working year, depending on what this concept is used for. Let’s say that to calculate holiday pay payments, the last 12 months are taken into account, for which the actual average earnings are calculated in accordance with Article 139 of the Labor Code of the Russian Federation.

In turn, when calculating days off from work, this indicator is calculated completely differently, moreover, some difficulties may arise in determining it. In particular, according to Article 121 of the Labor Code of the Russian Federation, the length of service that grants the right to annual rest includes the following periods:

Moreover, according to Article 121 of the Labor Code of the Russian Federation, the length of service, on the basis of which the number of days is calculated, don't turn on the following days:

• time spent on maternity leave;
• removal from duties due to the fault of the worker, for example, due to failure to undergo periodic medical examination. examination or termination of a license or other documents, for example, a driver’s license.

Also, according to Letter of the Ministry of Labor No. 14-2/B-1045, the time of release from work duties, which is in addition to the existing annual one, is provided only during employment precisely in conditions that deviate from the norm, and on the basis of which the actual agreed days are provided. That is, in fact, the length of the agreed vacation will not be the same 7 days, but possibly less if during the year the employee was sick or used part of the main rest.

Counting order

Essentially, calculating the quantity annual leave does not cause any particular difficulties, given that you just need to determine from which calendar date to count 28 days. Moreover, if one of the holidays stipulated in Article 112 of the Labor Code of the Russian Federation occurs during the holiday, the period of release from work will be extended according to the number of holidays.

Here's the calculus extra time exemption from work duties has its own nuances. In particular, to begin with, the working days of the worker are taken into account, that is, from the moment of admission to the day of rest. Then, from the agreed period of time, days of incapacity for work, if any, are excluded, as well as other periods of absence from the enterprise, for example, the same administrative leave.

If the worker has been employed for a full year corresponding to 12 months, then additional leave is granted in full, for example, for 7 days.

If the employee was absent for two months, then rest is accordingly provided only for 10 months, by making the following calculations:

• 7 / 12 = 0,58;
• 0,58 * 10 = 5,8.

Moreover, if during the calculation the day is not complete, in accordance with Rule No. 169 rounding applies, which in this case will lead to 6 days of rest.

Not fully worked out billing period

According to the norms defined by Article 115 of the Labor Code of the Russian Federation, the time of release from work is issued in full equal to 28 days in calendar terms after six months of employment, taking into account weekends and sick leave.

Moreover, in accordance with Article 121 of the Labor Code of the Russian Federation, during the period granting the right to legal rest, don't turn on:

That is, if a worker was absent for several months during the year due to the use of the above periods of time, the working period, which begins its counting from the moment of employment, shifts by the number of days equal to the absence.

For example, an employee was hired by the company on February 17, 2015, for the period from 2015 to 2016. the vacation was used in full, and for the period from 2016 to 2017. the vacation was scheduled to be provided in January. At the same time, during the working year, the worker used the right to be released from work duties at his own expense equal to 2 months, which automatically led to a reduction in the total time for calculating vacation by 45 days and, as a result, to a reduction in annual rest time.

Example

For each month of employment, a worker on average Allowed 2.33 days of legal rest based on the following calculations:

• 28 days are divided by the calendar number of months equal to 12: 28 / 12 = 2,33.

If the employee is given leave in full, then the above calculation is not made due to the fact that it is not necessary.

If employee's working period decreases, for example, by one and a half months, then the following actions should be taken:

• 12 — 1,5 = 10,5
• 10,5 * 2,33 = 24,46.

At the same time, in accordance with paragraph 35 of Rules No. 169, surpluses of less than half are excluded, which ultimately leads to the length of annual rest equal to 24 days.

Before maternity leave

In accordance with Article 260 of the Labor Code of the Russian Federation, an employee in a special situation before or immediately after childbirth, as a measure of additional support, is granted the right in full and without taking into account the length of service in the company. That is, in essence, a woman is provided with rest in advance, which in some cases can lead to some difficulties.

In particular, if she has been employed for only 4 months, an employee, when going on maternity leave, will receive the right to rest for 28 days, while based on the period worked, she is allocated only 9 days:

• 4 * 2,33 = 9;
• 28 -9 = 19.

Moreover, taking into account that in order to give birth, a woman is provided with time, which, according to the norms of Article 121 of the Labor Code of the Russian Federation, is included in the total time of employment for calculating the duration of the period of release from work, 140 days will be added to the already existing 4 months and, in general, will amount to 8.

Thus, by the time she goes on leave before giving birth, the woman will be given 19 days in advance (28 - 9), but at the end of the sick leave, the difference between the actually earned and the vacation provided on a preferential basis will be already 9 days:

• 8 * 2,33 = 18,64 = 19;
• 28 — 19 = 9.

That is, in fact, when leaving, a woman will have to work only 4 months to cover the difference between the leave provided in advance and the time actually worked, after which she will have the right to annual rest in the general manner.

For information on the rules for granting the right to annual periods of release from work duties, see the following video:

The amount of compensation upon dismissal will depend on how correctly the personnel officer calculates the number of vacation days that the employee did not take off. For an accurate calculation, we suggest using our online calculator, which will help you accurately determine the number of vacation days.

From the article you will learn:

How to calculate the number of vacation days

Every employee has a rule for annual basic paid leave. This type of rest is provided to all employees without exception. The standard duration of annual vacation is 28 calendar days. But taking into account the fact that labor legislation allows the possibility of dividing rest into parts, and also taking into account the fact that employees do not always use their annual holiday, in practice the question arises: how to calculate the number of vacation days?

We will tell you exactly how to correctly calculate vacation days in this article.

Download documents on the topic:

Note that calculating vacation days may be necessary both in situations where it is necessary to pay compensation for unused vacation, and for providing annual vacation in kind.

How to calculate how many vacation days are due for the first year of work

According to the general rule established by Article 122 of the Labor Code of the Russian Federation, paid rest must be provided to the employee annually. Right to use of vacation for the first year of work occurs for an employee after six months of his work in a particular company have passed.

Therefore, if from the date of hiring the employee has already been working for more than six months. He receives the right to use annual vacation. Let us note that an employee can take advantage of the vacation earlier, but this issue is resolved exclusively with the consent of the employer. By the way, the situation when an employee has not yet earned the right to annual rest, that is, before the expiration of six months of work, but, in agreement with the employer, has taken advantage of annual rest, is called “vacation in advance.”

For a beginner, the question usually arises: how to calculate rest days for time worked? And what should you do if an employee, after six months of work, intends to use the entire vacation?

It should be noted here that labor legislation does not provide for the mandatory provision of basic annual rest in proportion to the time worked. The principle of proportionality is used to determine the amount of compensation for unused vacation. Also, the actual time worked is necessarily taken into account when calculating days of additional leave for employees who work in hazardous working conditions.

If the employee takes the main annual vacation, the principle of proportion does not apply. After six months of work, the employee can use the entire vacation. Therefore, in this situation, the question: how to calculate vacation for time worked is not relevant. After six months of work, an employee can rest for the 28 calendar days allotted to him (if a longer period of rest is not provided for in the organization).

Example.

The employee was hired on November 10, 2016. Starting from May 10, 2017 (after six months of work), this employee has the right to use vacation. In this case, the rest can be used entirely.

But in practice, employers are extremely reluctant to provide full vacation immediately after six months of work. The fact is that if, after a rest, an employee immediately decides to quit, then it is almost impossible to retain paid vacation pay for unworked rest days. This is explained by the fact that there will actually be no payments from which this amount can be withheld. This situation will happen if we are talking about dismissal immediately after the annual vacation.

But even if the employee works for a short time, for example, one or two months, then the amount of deductions still cannot exceed 20 percent of the amount of payment accrued to the employee (Part 1 of Article 138 of the Labor Code of the Russian Federation).

It will not be possible to recover the amount of unearned vacation pay through the court. The fact is that Article 137 of the Labor Code of the Russian Federation contains a closed list of grounds under which the collection of excess payments is allowed. But the amount of unearned vacation pay is not mentioned in this list. Accordingly, even if the employer applies to the court to recover the amount of unearned vacation pay, it will be refused (Decisions of the Supreme Court of the Russian Federation dated September 12, 2014 N 74-KG14-3, dated August 29, 2014 N 70-KG14-4).

The practical way out of this situation is as follows: the employee can be asked to use only part of the vacation, for example half - 14 calendar days.

How to correctly calculate vacation days for a part-time worker

For part-time workers, the general rules for providing annual rest apply. The fact that in a part-time situation an employee works part-time does not affect the duration of the main annual rest. A part-time employee is entitled to the same number of days of basic leave as the main employee.

But there is one important rule established by Article 286 of the Labor Code of the Russian Federation. Part-time workers must submit annual paid leave simultaneously with rest at their main place of work. And if the part-time worker has not yet worked the required six months, he must be provided with rest in advance. In this situation, there will be an obligation, and not a right, of the employer to provide leave in advance.

Therefore, if, for example, an external part-time worker just got a job in your organization, and he is already entitled to vacation at his main place of work, you will need to provide the vacation in advance. In such a situation, we recommend asking the part-time worker to provide a certificate from his main place of work about the time of use of annual leave. Instead of a certificate, a copy of the vacation order may be provided.

Order on granting leave

Please pay attention! For the calculation, full months worked are taken into account.

The procedure for calculating full months in this situation is established by the Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930. This document, despite the date, is still applied to the extent that does not contradict the Labor Code of the Russian Federation.

Thus, in the case when the working year is not fully worked out, the vacation days for which compensation must be paid are calculated in proportion to the months worked. At the same time, the Rules establish a uniform procedure for calculating length of service giving the right to leave in all cases.

When calculating full months of work, surpluses amounting to less than half a month are excluded from the calculation, and surpluses amounting to no less half a month are rounded up to a full month (clause 35 of the Rules). Accordingly, if an employee worked 15 days or more in a month, this month is taken into account as a full month for calculating compensation for unused vacation.