How to get a vacation
In accordance with article 136 of the Labor Code of the Russian Federationholiday pay must be paid three days before the start of the leave. If these days fall weekends or holidays, payments must be made the day before. In cases of delay, the employee may reschedule the vacation at any time convenient to him or to compensation from the employer in the amount of 1/300 of refinancing of the Central Bank for each overdue payment day.
The 28 calendar days of vacation can be divided into two or three parts, but one of them should be 14 calendar days.
Compensation for vacation can be obtained only for those days that exceed the required 28 calendar days, although the reality is quite different. If the employee wants to receive pay for the holiday and to continue to work, it needs to write a statement and submit it to the employer for consideration.
To calculate average daily earnings for payment of holidays should be guided by the Government Decree No. 922. Average earnings is calculated over 12 months. The total amount includes all the funds that were withheld income tax. The amount received in social benefits and one-time payments in total earnings is not included. The total figure is divided by 12 and by 29.4. The resulting number will be the payment for one day of the vacation.
In accordance with article 139 TK the Russian Federation in the internal legal acts or collective contract the enterprise can be indicated another settlement period for a payment holiday. It is not contrary to TC, if the calculation shows that the average daily charge for one day of vacation no less than would be calculated on the basis of a period of 12 months.
Labour legislation allows to provide regular paid leave to employees who have worked at the company for 6 months. In this case, the calculation is made by adding all amounts actually earned, which was withholding tax. The resulting number is divided by the number of full months worked and dividing by 29.4. The resulting figure will be the pay for one day of vacation.