To receive monetary compensation for any unused vacation only if it is not less than 28 calendar days. Forexample, if the employee has not used vacation in the past year, wants to use annual leave for the current year and part of last to replace compensation, the employer may deny him that. Such a replacement is impossible.
Compensation for unused vacation is paid only on the basis of a written application of the employee.
The employer has the right to refuse to pay compensation even for the part of holiday which exceeds 28 calendar days for pregnant women, employees under eighteen years of age and employees working in hard and harmful working conditions.
If the employee leaves, the employer is obliged to pay compensation for all unused leave. If the employee worked at least 11 months, the compensation he receives for 28 calendar days. In other cases, compensation is paid based on time worked. That is, for each completed month of work expected of 2.33 calendar days of vacation (28 calendar days divided into 12 months). If the holiday is put a different duration, then the number of days divided by 12 months.
To determine the number of vacation days for which the employee is entitled to receive compensation, must be 2.33 (or other number) days multiplied by the number of months worked. For example, if the employee worked for 3 months and is not entitled to additional leave, the compensation he will be entitled to 7 days of 2.33*3). However, it so happens that the employee at the time of dismissal did not complete the number of days e.g. 2 months and 15 days, then the last rounded to the nearest whole month, and if less than 15 days, then rounding will not be done.
Compensation is calculated based on the average daily earnings of an employee that includes: salary, various benefits and allowances, premiums etc. Payments which are not included in the calculation of average day earnings when calculating compensation: the amount of sick leave allowance maternity, study leave, travel, unpaid leave.
To calculate the amount of compensation for unused vacation when an employee is dismissed, should the amount of average daily wage multiplied by the number of calendar days of vacation.