Is it possible to pay vacation pay before 3 days? How many days before vacation are vacation pay paid? Payments upon dismissal

Every officially employed employee has the right to annual paid leave. This is stated in Art. 114 Housing Code of the Russian Federation. In addition, the vacation must be paid by the employer, based on average earnings for the last year. We are not talking about calendar years, but about working years.
Each working year begins on the date on which the employee entered into an employment contract with the employer.

An employee has the right to go on vacation six months after the start of the employment relationship. But, if the parties agree among themselves, the employee can go on vacation before reaching six months of service. Every employee cares whether vacation pay is paid along with salary or not? That is, will he be able to receive wages or an advance payment for the time actually worked before the vacation on the day the vacation pay is issued?

The procedure, place and timing of payment of wages are regulated by Art. 136 Labor Code of the Russian Federation. In accordance with this article, the employer is obliged to pay wages to its employees at least every half month on the days that are specified in the wage regulations, in the collective or labor agreement.

Vacation pay is paid in accordance with Art. 136 Labor Code of the Russian Federation. In accordance with this article, the employer must pay the employee vacation pay 3 days before the employee goes on vacation.

The Labor Code of the Russian Federation does not say in which days this period is measured - in calendar days or in working days? However, the Ministry of Labor in its Letter dated July 30, 2014 No. 1693 - 6 - 1 clarified that vacation pay must be paid no later than 3 calendar days before the start of the vacation.
That is, if vacation begins on Monday, then vacation pay must be paid no later than Friday. The law does not prohibit paying them earlier.

Are vacation pay and salary paid when going on vacation together or separately? When paying vacation pay, the employer is not obliged to pay the vacationer wages for the time actually worked before the vacation. Even if the employee cannot receive wages on the day of issue, since he will be on vacation, he cannot demand that the employer pay him wages along with vacation pay.

Is it possible to pay vacation pay along with salary?

Is the future vacationer concerned whether the salary for the current month is paid when vacation pay is paid? The employer is not required to do this. But a vacationer can make a request to the company’s accounting department. Can vacation pay be paid along with salary? It's possible, but not necessary! If the employer does not have the opportunity, he will not pay the vacationer wages. However, he will not break the law. When an employee returns to work after vacation, he will be able to receive his salary on the next payment day.

How to pay vacation pay correctly: along with your salary or on the same day

Issuing vacation pay along with salary is not prohibited. As already mentioned, an employee cannot demand that the employer pay wages on the same day as vacation pay. Vacation pay must be paid 3 calendar days before the vacation, and wages must be paid 2 times a month. Payment dates may not be the same.
The employer can pay vacation pay earlier. This is not prohibited by law! But payments after the due date are fraught with penalties.

How to pay vacation pay along with salary? If the employer has such an opportunity, he can pay the employee a salary along with vacation pay. Along with these payments, he can receive disability benefits, as well as compensation for unused vacations. All payments to the employee are made from one fund - the wage fund. In order not to take risks, accountants prefer to make vacation pay payments in advance, before the expiration of the 3-day period. If the operation is carried out by a bank, then you need to worry about payments in advance, since the transfer operation will only be carried out on the next banking day.

The amount of vacation pay varies for each employee. Even employees with the same salary may receive different amounts before the vacation. This depends on the number of days actually worked in a given working year. Not taken into account:

• days when the employee received average earnings;
• sick days;
• vacation days at your own expense.

If the employee was unable to receive his salary while he was on vacation, he will be able to receive it on the next payday. The entire amount will not go anywhere - it will be deposited. If possible, payment of wages during the vacation will be made and the employee will be able to receive it.

According to the Labor Code of the Russian Federation, workers have the right to leave of 28 days (Article 114). A larger number of days may be determined by specific working conditions (Article 115 of the Labor Code of the Russian Federation).

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In accordance with labor law, during the period of vacation, the employee retains both his place and average earnings. Thus, this period of rest is paid.

You can get a vacation 6 months after working in one place with a specific employer. Before the expiration of this period, it can be submitted by agreement between the worker and the employer.

Employees who go on vacation are interested in the question of the timing and procedure for calculating vacation pay. The answers are presented in the Labor Code of the Russian Federation, which has regulated in detail all the issues related to vacations.

Important aspects

Vacation pay is the average salary for the past year, during which the employee worked for the employer, paid for the period the employee was on vacation.

This concept is not defined in the law. In addition, it only says that the employee retains the average salary during the rest period.

It is interesting that this payment is made not after the expiration of the period for its calculation, but before that.

Thus, the employee must receive vacation pay before he goes on vacation. In other words, such payment is of an advance nature.

A different provision applies, for example, to civil servants. The rules that are valid for this category of persons are approved in.

Art. 46 of this act determines how many days before vacation vacation pay is paid to civil servants. By law, funds must be transferred to them no later than 10 days before the start of the vacation.

Basic information

So, employees receive annual paid leave. The duration of such rest as a general rule is 28 days - this period is standard and applies in most cases.

Individual employees can receive extended leave in the manner specified in the Labor Code of the Russian Federation.

The following workers may receive additional leave:

These grounds are approved by the legislator. An employer can also establish additional vacations for its employees in local regulations ().

Additional rest days are refundable. Please note that vacation is calculated in calendar days.

If during the period the rest coincides with non-working holidays, then they are not included in the vacation.

We have already said that the right to receive it arises after the employee has worked for the employer for at least 6 months.

How is length of service calculated for granting leave? It includes:

This type of experience does not include:

• time spent in ;
• the time for which the worker was suspended from performing work duties due to his own fault.

Under what conditions is it provided?

So, in order to receive leave, you must work at the enterprise for at least six months.

The following employees can receive leave earlier than this period:

• underage employees;
• workers who are under 3 months of age;
• women before going on maternity leave or immediately after it.

Other cases are approved by other legislative acts.

Then, for 2 and subsequent years, retirement will be determined by the schedule that is formed every year (). So, the main condition is work experience.

When granting leave, the following points must be considered:

Current standards

The main legal act that regulates the procedure for paying vacation pay is the Labor Code of the Russian Federation.

It is in it that the employee’s right to this type of rest is secured (Article 114), cases of granting additional days of vacation (Article 116-), the procedure for registering the procedure (), the process of extending leave and transferring it (), replacing leave with compensation ().

The Labor Code also contains other provisions that determine the procedure for carrying out such a procedure.

The average income is calculated according to the provisions of Art. 139 Labor Code of the Russian Federation.

How many days before vacation leave are vacation pay paid under the Labor Code?

We have already mentioned how many days before vacation vacation pay should be paid. In accordance with the law, they must be compensated 3 days before the start of the vacation.

The amount is provided to the employee either in person or by transfer to a bank account.

Video: deadline for paying vacation pay to employees

Rules regarding the procedure for calculating vacation pay may be contained in local acts of the enterprise. These documents are valid within the framework of a specific employer company.

For example, they may approve additional leave for employees, and calculated vacation pay is also made for this day.

Registration procedure

The procedure for going on vacation is as follows:

• The HR department notifies the employee in writing 2 weeks before the leave is granted.
• according to (Article 123 of the Labor Code of the Russian Federation);
• employee writes ;
• the employer signs the application and issues it;
• the worker is paid vacation pay 3 days before the vacation.

The employee is informed about the start of the vacation in advance - 2 weeks in advance. The fact of familiarization is confirmed by the signature of the employee.

The form of the notice itself has not been approved at the federal level. Companies themselves decide what this document will look like and what name it will receive.

Most often in practice the following names are used: notification, notice, information letter, etc.

The main role is played by the content of the document itself. The notice must include the following information:

• link to vacation schedule;
• start and end date of vacation;
• duration of vacation (number of days).

Some companies refuse to issue a notice and immediately issue an order to grant leave.

This method is also legal, but the employer must have time to familiarize the employee with the order 2 weeks in advance.

Then the employee writes a free-form application for annual paid leave.

As a rule, the organization has standard forms for various applications, and a personnel service employee will help the employee fill out this application correctly.

At the next stage, the manager issues an order to grant the employee leave. This document must contain the following information:

• Full name of the worker, his personnel number, structural unit and position;
• the period of work for which leave is granted;
• type of leave (main, additional, etc.) and its duration;
• manager's signature.

The worker must be familiarized with this order against signature.

How to calculate the payment amount

So, vacation pay is calculated based on the average salary. This concept is disclosed in.

When carrying out calculations, the following instructions must be followed:

First you need to calculate the number of days for which the calculation will be made. The calculation period is taken to be 12 calendar months, during which the employee worked until he went on vacation.

If he worked for a shorter period, then the calculation is made based on the actual period worked.

The legislator allows employers to provide for a different process for calculating average income in local acts.

But it must be taken into account that if the adopted rule worsens the situation of the worker in comparison with that approved in the Labor Code of the Russian Federation, then it is not recognized as valid.

Example of calculating the amount

The ideal form of calculation is as follows:

An employee rarely works in full for the entire specified period. Therefore, it is necessary to carry out calculations for incomplete months:

Having received the size of the SDZ, you can find out the amount of vacation pay by multiplying the average earnings by the number of vacation days.

Let's give a specific example of calculation: lawyer Ivanov A.P. goes on vacation from October 3 to October 30, 2019 (28 days).

In September, he took sick leave for 5 days - from 5 to 9. For the billing period, he received payments in the amount of 500 thousand rubles.

We calculate the size of the SDZ:

We calculate the amount of vacation pay:

In conclusion, we note that the employer is responsible for calculating vacation pay. The employee can easily check the accruals made.

If the employer does not fulfill its obligations to reimburse funds 3 days before the vacation is granted or incorrectly calculates the amount of payments, the employee can complain to supervisory service.

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The current Labor Code of the Russian Federation secures the right of each employee to leave, the duration of which will be at least 28 days.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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The employee has the right to demand payment of vacation funds.

The right to take annual paid leave arises for each employee after the first six months of fulfilling work obligations with a particular employer.

Vacations are issued in accordance with the vacation schedule. It can be divided into several parts, but it is important to comply with the condition - the main part must last more than 14 days ().

When should vacation pay be paid? Is it possible to pay vacation pay earlier than 3 days in advance? These questions do not lose their relevance even with the passage of time.

Accrual

In accordance with the Labor Code of the Russian Federation, when determining the billing period, the following points are not taken into account:

• holding strikes during which work obligations by employees are not fulfilled (other similar events);
• business trips;
• downtime in work activities;
• time off at your own expense, by agreement with the employer;
• temporary loss of ability to work.

When determining the amount of money received by an employee during the pay period, social support measures are not taken into account.

For example, benefits paid in connection with sick leave, funds that compensate for travel to work, food, etc. are not taken into account.

is made according to the following formula (if the billing period has been worked out in full):

Average earnings per day = wages / (duration of the billing period * 29.3)

29.3 – coefficient that determines the average number of working days in a month. It was approved by the Labor Code of the Russian Federation, and this legislative act additionally regulates that payment for a month not worked in full should be made separately.

Dates of issue

The dates in which vacation funds must be paid are established by current legislation.

In accordance with it, the minimum time for calculation is before the planned vacation.

Questions often arise related to the nature of the calculation of three days - are calendar or working hours taken into account?

The legislator does not answer this question, but, as judicial practice shows, the employer is obliged to reimburse compensation three calendar days before the start of the vacation.

Labor Code

The Labor Code of the Russian Federation regulates the procedure for calculating vacation funds, as well as their payment. The legislator establishes that compensation is paid from the employer’s wage fund.

Such a fund must be formed in every enterprise and organization.

Is it possible to pay vacation pay earlier than 3 days in advance?

Is it possible to pay vacation pay earlier than 3 days in advance? Not only employees, but also employers seek an answer to this question. Yes, the law provides for the possibility of paying vacation funds earlier, for example, 14 days before going on a planned vacation.

Statistics show that most employers do just that - they pay funds less than three days in advance.

This will allow you to avoid solving problems that may arise not through the fault of management, but, for example, due to a disruption in the functioning of the banking system.

Weekends and holidays

If the last three days before the vacation fall on a holiday or day off approved by the organization’s schedule or the state, then the money is credited until that day.

If deadlines are violated, employers can assure the employee that this is an exception, but it is important to know that this is not provided for by law.

The employer must take into account the work schedule of the banking enterprise if funds are transferred to them not in cash, but by bank transfer, for example, by crediting to a bank card.

If the banking structure has a holiday on the day of the transfer, then the money must be transferred before it occurs.

When going on maternity leave

ST. 260 of the Labor Code of the Russian Federation establishes the right of every employee planning to use an annual paid salary or after its completion.

In this case, the duration of the vacation will be determined on a general basis, and the same applies to its payment.

An employer cannot refuse to provide leave to a pregnant employee, even if it is not arranged in accordance with the vacation schedule.

It is recommended to notify management of your desire to go on vacation ahead of schedule several weeks in advance. This time will be enough for the employer to resolve several organizational issues, including hiring a temporary employee.

Upon dismissal

The employee has the right to receive compensation paid for unused vacation. To begin with, the average wage per day paid to the employee during the billing period is calculated.

Then the following formula is used: Amount of compensation for unused vacation = average salary per day * number of vacation days.

When calculating vacation funds, it is important not to take into account weekends and holidays - they are not added to the vacation, and therefore are not paid.

The money must be transferred to the employee on the day of dismissal, otherwise he has the right to file a claim in court.

The basis for the appeal is violation of payment deadlines.

Consequences of delay

Art. 236 of the Labor Code of the Russian Federation establishes that the employer is liable if the terms of payment of vacation funds are violated. If they have not been met, then it is necessary to pay the funds, taking into account accrued interest or compensation.

Svetlana Karandashova answers questions, Deputy Head of the State Labor Inspectorate in the Leningrad Region for legal issues.

Vacation pay can be paid in advance

— Question about vacation pay in advance. One of the employees goes on annual paid leave from July 7 to July 27. She wrote an application for leave at the end of May. The manager signed it, and the HR department has already issued the order, so the employee demands that she be given vacation pay in June. When should the money be paid to her?

- No later than July 4th. That is, three calendar days before the start of the vacation (Part 9 of Article 136 of the Labor Code of the Russian Federation, letter of Rostrud dated March 22, 2012 No. 428-6-1. - Ed. note). Of course, if the company has not established earlier deadlines in the collective or employment agreements. Otherwise, vacation pay must be paid no later than the deadline specified in these documents.

— In the collective agreement we only have the terms for transferring salaries, but nothing is said about vacation pay.

- So, we need to focus on three calendar days. The fact that the manager has already signed a vacation order does not change the period for payment of vacation pay.

— The manager is ready to accommodate the employee and pay her money a month earlier. Do we have the right to do this if we pay the rest of the employees three days before the vacation?

- Yes, I have the right. The Code does not prohibit paying vacation earlier. For example, if an employee writes an application asking for vacation pay in advance.

The shift schedule does not affect the period of service upon dismissal.

— On May 30, the employee wrote a statement asking to be dismissed at his own request. The manager signed the application, but with the condition of working for two weeks. The employee has a shift schedule, he works two days after two. On what day does the two-week period expire?

- June 13. An employee has the right to notify about dismissal at his own request no later than two weeks in advance (Article 80 of the Labor Code of the Russian Federation - Ed. note). The employee’s work schedule does not affect how this period is calculated. Therefore, work begins on May 31. That is, from the day following the date the employee submitted the application. And it ends on June 13 - the last day of the second week.

— Due to the postponement of the weekend, all employees who have a five-day week rest on June 13. Including our HR department. But the employee’s last shift falls on that day. The accounting department will transfer the salary to the employee’s card on Wednesday, June 11, before the holiday. Do we have the right to issue a work book on Monday, June 16?

— No, we need to organize the work of the HR department in such a way as to issue a work book on the specialist’s last day of work. This is confirmed by the letter of Rostrud dated June 18, 2012 No. 863-6-1. The company may not issue notices of dismissal before June 13th. Then she will violate the employee’s right to withdraw his resignation letter.

Comment "UNP"

It is not profitable for a company to engage the HR department to work on weekends just to record the dismissal and issue a work book. Then these days you have to pay at least double the amount. It is more convenient to postpone the dismissal date of an employee whose last day of work falls on a weekend. For example, by agreement with him, reduce the working period.

Staff reduction entitles you to severance pay

— The manager issued an order that abolished the position of development manager. The employee was given two months' notice of dismissal due to downsizing. The specialist has already found a new job and plans to immediately enter into an employment contract after dismissal. Is he entitled to redundancy payments upon dismissal?

- Yes, sure. Upon dismissal, in addition to salary and compensation for unused vacation, an employee must also be paid one month's severance pay. The basis is part 1 of article 178 of the Labor Code of the Russian Federation.

— If a layoff occurs within two months, the employee is entitled to the average monthly salary for the period of employment. Should we pay it?

- No, they shouldn’t. Earnings are due if the employee does not find a job after being laid off. And in your case, he immediately moves to a new employer, so his average earnings for the period of employment are not retained.

A separate fine is possible for each labor violation

— Our employment contracts say that we pay salaries for the first half of the month to employees from the 15th to the 20th of each month. During the inspection, labor inspectors considered this a violation. In their opinion, the employment contract should have a specific, and not a floating, salary payment date. For example, the 20th of every month. Do we have to make changes to all employment contracts?

- Yes, sure. It is necessary to change the terms of each contract and specify in them the exact dates of payment of salaries, and not the period. Salaries must be paid at least every six months and on a specific day. This follows from Part 6 of Article 136 of the Labor Code of the Russian Federation. This is confirmed by the letter of the Ministry of Labor of Russia dated November 28, 2013 No. 14-2-242. For incorrect wording, a fine on the company of 50 thousand rubles is possible (Article 5.27 of the Code of Administrative Offenses of the Russian Federation - Ed. note).

— We have more than 500 people on our staff. And everyone has a floating salary settlement date in their employment contract. The inspector has the right to issue 500 fines of 50 thousand rubles each for incorrect wording in each contract?

— It depends on the number of checks. If inspectors conduct separate inspections based on employee statements and find violations in each, they have the right to fine several times.

Every worker has the right to annual paid rest of at least the duration established by law. Article 114 of the Labor Code of the Russian Federation also obliges the employer to preserve the employee’s place of work, position and average earnings during the vacation.

Labor Code of the Russian Federation on the timing of receiving vacation benefits

Annual paid leave is provided to each employee. This right is enshrined in law by the corresponding article of the Labor Code of the Russian Federation.

The duration of annual paid leave usually does not exceed 28 calendar days. Longer vacations are established for certain categories of workers, for example, for workers of the Far North, employees of hazardous industries, etc.

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.

By multiplying the number of days of rest by average earnings, the amount of vacation pay is determined. To calculate average daily earnings, a calculation period of 12 months is taken and payments are made only for the time actually worked. Disability benefits and various social benefits are not taken into account.

The period for which vacation pay is paid is established by Part 9 of Article 136 of the Labor Code of the Russian Federation. Vacation pay must be paid no less than 3 days before the start date of the vacation. Earlier you can pay vacation pay, but later you can’t. In case of delay in payment of benefits due to the fault of the enterprise, the employee is entitled to compensation.

It is also not very convenient to make a payment earlier than three days in advance. Various circumstances may arise in which going on vacation will have to be postponed (for example, illness). Therefore, it is optimal to accrue and pay vacation pay 3 days before the start date of the vacation.

Despite the fact that the above-mentioned article of the law does not specify the status (calendar or working) of these three days, there is a special letter from Rostrud (No. 1693-6-1 dated July 30, 2014), according to which the counting must be carried out in calendar days. Three calendar days before the start of the vacation, benefits must be paid.

Late payment of vacation pay

Administrative liability for an employer who has not notified an employee of the vacation entitled to him by law or who has committed such a violation of the Labor Code of the Russian Federation as failure to pay vacation pay on time is provided for in Art. 5.27 Code of Administrative Offenses of the Russian Federation:

• for officials, a warning or fine from 1 to 5 thousand rubles;
• for entrepreneurs a fine of 1 to 5 thousand rubles;
• for organizations a fine of 30 to 50 thousand rubles.

Find out at what time he can count on vacation, working the right from the vacation schedule, the preparation of which everyone is notified against signature. If there is no such schedule, the employee writes a statement.

The vacation application was submitted less than 3 days before the expected vacation date

Most likely, such leave will not be issued: the employer will not have time to make calculations and pay vacation pay.

Although the Labor Code of the Russian Federation does not regulate the time for submitting an application for vacation, given that vacation pay must be paid 3 days before its start, the application must be submitted at least 4 days in advance. Otherwise, the employer simply will not have enough time to complete the registration and payment within the period established by law.

It is worth noting that in most cases it is not necessary to apply for annual paid leave. The fact is that enterprises draw up a vacation schedule, of which the employee is notified in advance, against signature.

When the deadline established by the schedule approaches, the director issues an order to grant vacation, and the accounting department calculates vacation pay based on it. The employee, having read the order, puts his signature on it as a sign of consent.

If an employee requires paid leave, but not at the time established by the vacation schedule, he must write an application at least 4-14 days before the expected date of departure.

Watch the video below about the timing of vacation pay:

If the last of three days before the issuance of vacation pay coincides with a weekend

As mentioned above, vacation pay must be issued no less than three days before the first day of vacation. The deadline for paying vacation pay in 2019 remains the same; no changes regarding the norms established by law have been adopted.

If the third day is a weekend or non-working day, the payment must be made taking this into account, that is, 4 or 5 days in advance. If the payment is made not through a cash register, but by non-cash transfer to a bank card, you need to take into account the working hours of banks. You may have to make the transfer earlier than 3 days before the start date of your vacation.

For example, an employee is scheduled to go on vacation starting May 10, 2017. His vacation pay must be paid no later than May 7. Considering that May 7 is Sunday, and May 6 is Saturday, the day the benefit is issued is shifted. Even if the accounting department works on Saturdays and makes a transfer to the card, the bank is not working, which means the employee will not receive the money. Therefore, payment of vacation pay must be made no later than May 4-5, 2017.

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