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- The labour Code of the Russian Federation of 30 December 2001 N 197-FZ
If the dismissed employee has unused vacation leave he may use it to dismissal. For this he needs to write a letter asking to give him a "vacation with the subsequent dismissal". Last day of leave in this case will be the date of dismissal of the employee. To revoke this statement, the employee may, just before the start of the holiday, by the same date, he should be made all payments required upon termination.
In other cases, when dismissal of the employee are required to calculate compensation for unused vacation" or the withholding of the overpaid amount for granting leave in advance. First determine how many days of leave not used. Consider atleast: total duration of leave of the employee – 31 calendar days (K days); the holiday year 15.03.2010 g on 14.03.2011 g; termination date – 23.09.2010, On the date of dismissal worked 6 months. 9 days. Since 9 days less Crescent cast by them, the compensation is calculated for 6 months. For each month the employee is supposed to 31k.days./12months.=K. of 2.58 days. Just compensable for 6 months: 6*2,58=15,48 K. days. Often the number of days of unused vacation" - fractional, rounding it may not be. If the number is still rounded, you can only do this in a big way as not to infringe upon the interests of the worker.
If the period of the leave year the employee has taken vacation at own expense" and its duration exceeds 14k.days., it is the number of days must be subtracted from the number of days to be compensated. In our atleast: the employee wason leave without pay for the period 06.05.2010 g on 29.05.2010 g, i.e. 22 K. days. is not compensable. Remove from this number 1K.days. - 09.05.2010 Mr. holiday, which is compensable. All compensable: 6months. 9дн. – 21дн. = 5мес. 18дн.(18дн. more Crescent rounded off to the nearest 6 months), i.e. 6*2,58=15,48 K. days.
In that case, if the leave the employee was granted partially in advance (in this atleast for the holiday the year of 2010-2011 employee had done on vacation before the date of dismissal), an overpaid amount. I.e., we have calculated that the employee has earned vacation for 5 months. 18дн., and have done on vacation for 12 months. He was given 12months too.-5мес.18дн.=6 months.12дн., ie 6*2,58=15,48 calendar days.
After days for payment or deduction is determined, the accountant calculates the amount of compensation or deduction, which is equal to the average daily earnings of the employee over the last 12 months multiplied by the number of days in our in – 15,48. Remember that all payments to the employee are required to make day release!