Compensation upon dismissal if the employee worked for less than a month is divided

Compensation upon dismissal for less than a month 2021

Question: What is the compensation for unused vacation upon dismissal if the employee worked in the organization for less than a month? Melikhov I.R., HR department specialist, Lyubertsy, Moscow region.
Answer: Upon dismissal, the employee is paid monetary compensation for all unused vacations1.

Obviously, the amount of compensation depends on the number of vacation days unused by the employee at the time of dismissal and the length of service with a given employer, determined in accordance with Article 121 of the Labor Code of the Russian Federation.

The number of calendar days of unused vacation is determined by calculation and depends on the duration of the next vacation. If it is 28 calendar days, then the calculation is based on 2.33 days of vacation per month of work (28/12). If the holiday is extended, the unit of account will change.

Compensation for leave upon dismissal: frequently asked questions

That is, even if an employee was sick for a month out of two workers, he is still due compensation for unused vacation upon dismissal. This statement is true for all categories of employees, even temporary or seasonal ones. Example of calculating compensation So, let's assume that the employee worked at the company for only 3 whole months.

Compensation upon dismissal for less than a month

Firstly, in a general way, his salary is divided by the number of days in the month, but then multiplied by the number of days during which the employee was present at the workplace;
Secondly, the average monthly earnings for the last 12 months are calculated (the total salary payable is divided by 12), which is divided by the number of days in the month and multiplied by the number of days the employee is absent.

The obtained values are summed up and the salary of the dismissed employee for less than a month is entered. What days of absence of an employee in his place require his salary to be retained? These are annual vacations, business trips, periods of temporary disability certified by sick leave and those strikes in which the employee does not participate. 2. The dismissal took place during a month with holidays.

Compensation upon dismissal for 10 days of work

Okean LLC as an accountant since March 1, 2007. On March 16, he resigned of his own free will. The regular vacation at Okean LLC is granted to all employees for a duration of 28 calendar days per working year. Krylov I.G. worked at Okean LLC for 16 days, that is, more than half a month.

Therefore, he is entitled to compensation for unused vacation for one full month. For each month of work, an employee is entitled to 2.33 calendar days of vacation. Consequently, Krylov I.G.

compensation is also due for 2.33 days (or 3 days when rounded in favor of the employee).

Average daily earnings are calculated for the last 12 calendar months by dividing the amount of accrued wages in the billing period by 12 and by 29.4 (the average monthly number of calendar days).

Compensation upon dismissal if a person worked for less than a month

The second is appropriate for those organizations within which employees carry out activities over weeks and months. The method of calculating wages for an incomplete month is necessarily fixed in the internal documents of the organization, including the collective agreement and labor regulations.

Above is the most common example of calculating wages for an incomplete month. In practice, HR workers are faced with a large number of nuances. 1. The employee was absent from work for several days, but his salary was retained.

Under this condition, the calculation of wages for an incomplete month will be slightly different.

At the same time, the current Russian labor legislation does not establish the minimum length of service that is necessary for an employee to have the right to the specified leave.

To solve this problem, Rostrud proposes to use the Rules on regular and additional leaves, approved. NKT of the USSR on April 30, 1930 (hereinafter referred to as the Rules), which can be applied on the basis of Article 423 of the Labor Code of the Russian Federation9.

From the above rule, the following conclusion is usually drawn: “Thus, only employees who have worked in the organization for at least half a month have the right to compensation upon dismissal”10.

Compensation upon dismissal if the employee worked for less than a month

Moreover, such restrictions are permissible only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

Consequently, the application of the Rules contradicts the Basic Law of the country and is not consistent with the Labor Code of the Russian Federation.

And from Part 1 of Article 423 of the Labor Code of the Russian Federation, it follows that legislative and other regulatory legal acts of the former USSR in force on the territory of the Russian Federation can be applied only to the extent that they do not contradict the Labor Code of the Russian Federation.

It seems that the use of rounding in this case is unacceptable and each day worked by the employee must be taken into account when calculating compensation for unused vacation. In other words, the billing period must be made not a calendar month, but a calendar day.

Vacation compensation if a person worked for less than a month

The formula for calculating compensation in this case will take the following form: OB = 28/12*6 * Average daily earnings of the employee. There are several exceptions to the general rules. Calculation for the dismissal of an employee who has worked for less than a month. This process consists of several stages:

An employee’s vacation period is calculated in full months – that is, only those months in which the employee worked for more than 15 days are taken into account;
The number of days allotted to a person for the entire period of his work in the company is determined (28 days for every 12 months);
Days that have already been used as vacation are deducted.

All calculations are carried out in relation to the annual period worked by the employee in the organization (Resolution of the Government of the Russian Federation No. 922).

Calculation upon dismissal of an employee who has worked for less than a month
Compensation for leave upon dismissal
If the employee worked for less than 2 months, calculation of compensation upon dismissal

Compensation for leave upon dismissal: frequently asked questions Compensation for dismissal for less than a month In labor legislation, there are two important concepts:

Full compensation is calculated in the standard manner above, provided that the employee has worked for the company for one year or more;
Incomplete compensation affects those employees whose employment lasted more than 6 months but less than a year.

In the second case, when calculating unused leave upon dismissal, a conditional rounded period of 6 months is used, even if the employee’s actual activity lasted longer.

Compensation for unused vacation for less than a month

Above is the most common example of calculating wages for an incomplete month. In practice, HR workers are faced with a large number of nuances. Compensation for leave upon dismissal How to correctly carry out this procedure? Currently, two different methods are used in practice:

Based on the actual number of days in a month. When choosing this option, you must divide the employee’s salary (average monthly earnings or salary) by the actual number of days in the month, and then multiply by the number of days worked by the employee:

Salary = Monthly salary / Number of days in a month * Number of days worked

By the nominal number of days in a month. Regulatory documents establish the average value of days in a month, which in Russia amounted to 29.4 days in 2021.

Compensation for unused vacation upon dismissal, worked for less than a full month

Even in those months on which public holidays, noted in labor legislation (Article 112 of the Labor Code of the Russian Federation), fall, the employee’s salary is paid in full. That is why, even when calculating payments for an incomplete month, holidays are considered as working days. In other matters, calculations are made according to the standard scheme described in such articles of the Labor Code of the Russian Federation as:

133 – determination of the minimum acceptable salary;

Art. 136 – terms and process of calculating wages;
Art. 137 – restrictions on delays in payment of wages;
Art.
139 – establishing the average salary;
Art. 142 – responsibility for issuing wages to employees of the organization;
Art.
152-154 – features of calculating wages for overtime work, activities on holidays and at night;
Art.

Compensation for unused vacation worked for less than a month

Source: https://map-expo.ru/uvolnenie/kompensacija-pri-uvolnenii-za-nepolnyj-mesjac.html

Calculation of vacation pay for an incomplete month worked

The need to calculate vacation pay for an incomplete month may arise in the following cases:

In the case when an employee takes a vacation after working for the employer for less than a year. Vacation pay is calculated for less than a full year of work.
When an employee goes on vacation after working at least 1 half month and one full month. The vacation pay calculation scheme will be similar.
When an employee goes on vacation after working for less than 1 month for the employer. In this case, the calculation of vacation pay will be different.

In the first two cases, vacation pay is calculated using the following formula: amount of vacation pay = Employee’s income for the billing period (from signing the contract to going on vacation) / conditional number of days that fall on those worked in the billing period taken into account * duration of vacation in days.

Conditional days taken into account when determining the amount of vacation pay are calculated as follows: 29.3 * number of full months worked + number of calendar days that fall within the period worked in partial months * 29.3 * number of partial months.

The number of calendar days that fall within a period worked in partial months is defined as the number of full months worked * the number of vacation days for a full year of work according to the work book / 12 - the number of days used since the conclusion of the employment contract.

The number of full months of work includes only those months in which the employee worked more than 15 days (according to clause 35 of the Vacation Rules approved by the USSR No. 169). If the indicator of days worked is not equal to a whole number, then it is subject to rounding in favor of the employee.

It is worth noting that rounding the number of unused days is not provided for by law, although it is not prohibited. According to the Ministry of Health and Social Development, the company has the right to decide on rounding at its own discretion. But rounding the value down is unacceptable.

If an employee has worked for the company for less than 15 days and quits, he is not entitled to vacation pay. And if he worked for more than half a month, then compensation would have to be paid for him as for a full month.

When determining the amount of vacation pay (or monetary compensation) for an incomplete month, we are not talking about the calendar month, but about the month worked by the employee. For example, he was hired on May 24, the full month worked will expire on June 23.

According to clause 35 of the Vacation Rules, there are specifics for calculating vacation pay for an incomplete month if an employee took a vacation without working a full month at the company (this situation is allowed with the consent of the employer), or goes on vacation with subsequent dismissal (as an option, receives compensation for unused leave upon dismissal).

According to legally established rules, a person who has worked for a company for less than 15 calendar days is not entitled to paid leave. If the employee worked for more than half a month, then the duration of the vacation will be calculated as follows: 28 / 12 = 2.33 days. When rounded in favor of the employee, the value is 3 days of paid leave.

Let's give an example of calculating vacation pay for an incomplete month. For example, an employee worked for the company for 16 days (30 days in a month). His income was 10,000 rubles. Vacation pay will be calculated as follows:

We determine the number of days in an incomplete month that will be taken into account for accrual of vacation pay: (16 / 30) * 29.3 = 15.63.
We calculate vacation pay for an incomplete month: (10,000 / 15.63) * 3 = 1919.39 rubles.

Dear readers, each case is individual. If you want to find out how to solve your particular problem, call:

Moscow.
Saint Petersburg.

Calculation of compensation upon dismissal if the employee has not worked for a full year

The dismissal of an employee requires the obligatory handing over of a work book to him, as well as the provision of a full payment for the time worked (Article 140 of the Labor Code of the Russian Federation). What benefits can a dismissed employee be entitled to?

Firstly, for the salary for the less than full month he worked;

Secondly, for compensation for unused vacation;

Thirdly, for severance pay.

The latter is not paid in all cases, but only when the termination of the employment contract occurs at the initiative of the employer, during the liquidation of the company or in the event of staff reduction.

If less than a month has been worked, compensation upon dismissal will still be paid to the employee. The only difference is that the procedure for calculating it in this case will be slightly different.

All of these payments are calculated in the accounting department on the basis of the dismissal order.

The number of days allotted to a person for the entire period of his work in the company is determined (28 days for every 12 months);
Days that have already been used as vacation are deducted.
All calculations are carried out in relation to the annual period worked by the employee in the organization (Resolution of the Government of the Russian Federation No. 922). There are two important concepts in labor legislation:

Full compensation is calculated in the standard manner above, provided that the employee has worked for the company for one year or more;
Incomplete compensation affects those employees whose employment lasted more than 6 months but less than a year.

In the second case, when calculating unused leave upon dismissal, a conditional rounded period of 6 months is used, even if the employee’s actual activity lasted longer.

The average daily earnings for payment of vacations granted in calendar days and payment of compensation for unused vacations are calculated by dividing the amount of wages actually accrued for the billing period by 12 and by the average monthly number of calendar days (29.4) (clause

10 Decree of the Government of the Russian Federation dated December 24.

2007 ?922) The number of calendar days in an incomplete calendar month is calculated by dividing the average monthly number of calendar days (29.4) by the number of calendar days of this month and multiplying by the number of calendar days falling on the time worked in this month.

Based on the conditions of the example, Average daily earnings = 515.99 rubles. [15,000: (29.4 x 17.07)] Number of calendar days in an incomplete month = 17.07 days. (29.4: 31 days x 18 days) Thus. the amount of compensation for unused vacation will be 1202.25 rubles (2.33 x 515.99 rubles).

Compensation upon dismissal if the employee worked for less than a month is divided

An employee’s vacation period is calculated in full months – that is, only those months in which the employee worked for more than 15 days are taken into account;
The number of days allotted to a person for the entire period of his work in the company is determined (28 days for every 12 months);
Days that have already been used as vacation are deducted.

All calculations are carried out in relation to the annual period worked by the employee in the organization (Resolution of the Government of the Russian Federation No. 922).

How to calculate vacation pay upon dismissal

Attention

At the same time, the current Russian labor legislation does not establish the minimum length of service that is necessary for an employee to have the right to the specified leave.

To solve this problem, Rostrud proposes to use the Rules on regular and additional leaves, approved. CNT of the USSR April 30, 1930

(hereinafter referred to as the Rules), which can be applied on the basis of Article 423 of the Labor Code of the Russian Federation9.

Paragraph 35 of the Rules provides: “When calculating the terms of work giving the right ... to compensation for leave upon dismissal, surpluses amounting to less than half a month are excluded from the calculation, and surpluses amounting to at least half a month are rounded up to a full month.” From the above rule, the following conclusion is usually drawn: “Thus, only employees who have worked in the organization for at least half a month have the right to compensation upon dismissal”10.

Step 2. how to calculate compensation for unused vacation upon dismissal?

The principle of calculating vacation pay takes into account the average daily earnings. The average daily earnings of an employee are calculated in several ways (taking into account the conditions for going on vacation), which is calculated in several ways, applicable depending on certain conditions for going on vacation. There are options for calculating vacation pay:

The employee worked the entire required period (year), after which he exercised the right to a 28-day rest.
The employee has worked for less than a full year and wishes to go on vacation for the period prescribed by law.
The specialist decided to quit and receive compensation for unused vacation (he was not on vacation).

To correctly calculate vacation pay, three indicators are calculated in each case:

billing period
average daily earnings
amount to be issued
.

How to calculate vacation pay?

Calculation upon dismissal of an employee who has worked for less than a month
Compensation for leave upon dismissal
If the employee worked for less than 2 months, calculation of compensation upon dismissal

Compensation for leave upon dismissal: frequently asked questions Compensation for dismissal for less than a month In labor legislation, there are two important concepts:

Full compensation is calculated in the standard manner above, provided that the employee has worked for the company for one year or more;
Incomplete compensation affects those employees whose employment lasted more than 6 months but less than a year.

In the second case, when calculating unused leave upon dismissal, a conditional rounded period of 6 months is used, even if the employee’s actual activity lasted longer.

Important

Payment is made directly on the day of dismissal. If he is not at the workplace on this date, then the calculation will be made on the day the dismissed employee submits the corresponding request.

It only remains to add that all employees without exception have the right to count on payment of wages for less than a full month of work, and only those who have worked in the organization for more than six months have the right to receive compensation for used vacation.

In this regard, the employer’s accounting department is faced with the need to calculate when dismissal for less than a month.

The formula for the second method of calculating vacation pay is indicated in the USSR Tax Code No. 169, published on April 30, 1930. This regulation is still in force; the employer can use this method for calculating vacation pay.

Duration of unused vacation = (number of full months worked*28)/12 Let's apply this formula with the same initial data: Average daily earnings = 3000000/(29.3*6)+(29.3/31*6) = 300000/ 181 = 1657 rub.

Vacation pay amount = 1657*(6*28/12) = 1657*14 = 23198 rub. When making calculations, the accountant refers to the selected regulatory document.

Rounding of values (according to Russian labor legislation) is done as follows: the number of days of unused vacation is rounded up (letter of the Ministry of Health and Social Development No. 4334-17 (dated December 7, 2005).

)) The same applies to any other controversial issues where values are rounded in the direction beneficial to the employee.

Source: https://tk-advokat.ru/2018/04/21/raschet-kompensatsii-pri-uvolnenii-esli-rabotnik-otrabotal-ne-polnyj-god/

An employee resigns on the last day of the month, compensation calculation in 2020

It happens that an employee worked at the company for only a month, less than a month, half a month, a little more than half a month, or just a couple of days, and then quit.
Upon dismissal, officially employed employees are entitled to compensation for unused vacation, but whether it is due in the cases listed above is not clear to many.

Let's figure out whether the employee is entitled to compensation for a month of work.

Is compensation paid for unused vacation if the employee worked for less than half a month?

Upon dismissal, in addition to salary, employees are also paid compensation for unused vacation if the employee did not have time to take time off. Compensation is calculated in proportion to the number of days actually worked.

When recording time worked, the accountant must include full months and incomplete months. However, if an incomplete month means less than half a month, then it is not taken into account.

If during an incomplete month the employee worked more than half the days of the month, he will be counted as fully worked.

Many people confuse one thing - to calculate compensation, they do not take calendar months (from the first to the thirtieth or thirty-first), but the months spent at work, that is, the first day will be the day of official employment and the start of work duties.

For example, an employee was hired by the company on June 4, which means he will work a full month on July 3. Let's say an employee quit on June 14, which means he worked 10 days - that's less than half a month, and compensation for unused vacation will not be paid. If he had left work on June 20, there would have been 16 days worked and compensation would have been paid.

How is compensation for unused vacation calculated if an employee worked for more than half a month?

The number of unused vacation days in the case of fractional numbers can be rounded, but only in favor of the employee, since the law prohibits worsening the situation of employees.

If an employee worked for more than half a month, he is entitled to compensation for unused vacation upon dismissal. The amount of compensation can be calculated using the following formula:

RKNO = SVZP : RCHKDP x CHDNI,

where RKNO is the amount of compensation for unused vacation;

SVZP - the amount of wages paid for the billing period;

RFKDP – estimated number of calendar days in the period;

CHDNI - the number of vacation days that were not used.

You must first determine the amount of CHDNI - how many days of vacation the employee did not use, and which he was entitled to during the time he worked:

CHDNI = NMR x CHDEO: 12,

where NMR is the number of months of work;

CHDEO - the number of days of annual leave due to employees of the enterprise;

12 is the number of months in a year.

Now you need to find out the estimated number of calendar days in the period (RFKDP). Since the employee worked for a month or less, instead of the billing period we take the month of dismissal:

RFKDP = 29.4: CHKDM x CHKDO,

where 29.4 is the average monthly number of days in 2011;

CHKDM - the number of calendar days in a month that was not fully worked;

CHKDO - the number of calendar days that were in the worked period of an incomplete month.

An example of how compensation is calculated for a month of work upon dismissal

Let an employee with summarized work time be employed and begin performing duties on January 1, 2011, then he decided to quit, his last working day was January 30 of the same year. He completed all work shifts in full. He was paid 40,500 rubles for his work. At the enterprise, employees are entitled to 28 days of vacation per year; no additional vacations are provided.

Since the employee worked for 30 days (month), he must be paid compensation for unused vacation. Even if less than a month was worked, but more than half a month, the time worked would have to be rounded up to a full month. Let's calculate how many vacation days were not used by the employee:

1 month x 28 days: 12 months = 2.33 days subject to compensation.

Since the employee did not have a salary in the billing period (calculation period - January 2010 to February 2011), we take the salary that was paid for the time worked - 40,500 rubles.

To calculate the estimated number of calendar days, we ignore the calculation period and consider the month of dismissal (January 2011). We consider that we worked for a full month:

29.4 days: 28 days x 30 days = 31.5 days.

Now we can calculate the amount of compensation for unused vacation:

40,500 rubles: 31.5 days. x 2.33 days = 2,995 rubles 71 kopecks .

Compensation for a month of work if there was forced absence

The period while the employee did not work due to the fault of the employer (from October 20 to January 5) is taken into account in the length of service to calculate the duration of the required vacation. When the accountant calculates the number of days of unused rest, he will also include the time of forced absence.

However, when it comes to calculating the amount of compensation, both the period of forced absence and the amount of salary for this time will need to be excluded from the calculation period.

This rule operates on the basis that for days of forced absence the employee will receive compensation based on the average daily earnings, and all periods of time during which payments were made based on the average daily earnings must be excluded (but not breaks for feeding the baby).

Legislative acts on the topic

Art. 127 Labor Code of the Russian Federation	About the need to pay compensation for unused vacation in the event of dismissal
Art. 423 Labor Code of the Russian Federation, clause 28 of the Rules on regular and additional leaves	On accounting for an incomplete month of work as a full month if more than half the days of the month are worked

Common mistakes

Error: Upon dismissal, the internal part-time worker was not paid compensation for unused vacation.

Source: https://fomina-center.ru/sotrudnik-uvolnyaetsya-poslednim-dnem-mesyatsa-raschet-kompensatsii-v-2020-godu/

Compensation upon dismissal if a person worked for less than a month

Answer: Upon dismissal, the employee is paid monetary compensation for all unused vacations1.

Compensation for leave upon dismissal: frequently asked questions

Attention In accordance with regulatory legal acts, he is still entitled to compensation for unused vacation upon dismissal, even if the employee’s total work experience at this enterprise is less than 6 months. According to his employment contract, he is entitled to 30 days of vacation per year. In this situation, the calculation is simple. Need (30/12)*3. Thus, by dividing the number of allotted 30 days of vacation by the number of months in a year, we find out how many days of vacation the employee is entitled to per month worked.

Compensation upon dismissal if an employee has worked for less than a month is divided - Legalists

Home / Constitutional law / Compensation upon dismissal if the employee worked for less than a month is divided

10 Decree of the Government of the Russian Federation dated December 24.

Example 3 Grigorieva T.B. worked at Okean LLC as an accountant with a salary of 10,000.00 rubles. from June 20, 2007, on July 6 she resigned of her own free will. The regular vacation at Okean LLC for all employees is 28 calendar days per working year.

It is necessary to calculate wages for days worked. In June: RUB 10,000.00. / 20 days x 8 days = 4000.00 rub. In July: RUB 10,000.00 / 22 days x 5 days = 2272.73 rub.
It is necessary to calculate the number of days to be compensated7.

Grigorieva T.B. worked 17 calendar days (from 20.06 to 06.07), which we round up to a month and multiply by 2.33.

Thus, the employee needs to receive compensation for 2.33 days (1 month).

x 2.33).

Important
The average daily earnings for calculating compensation are:
Compensation upon dismissal will be 832.14 rubles.

(RUB 357.14)

N 1920-6). If we assume that it is more than 15, then the employee must be paid compensation for unused vacation in proportion to the time worked. Example: An employee has worked for the organization since March 1, 2008.

to March 18, 2008

Attention

For this period, he was accrued wages based on the time actually worked in the amount of 15,000 rubles. In this case, 18 days were worked, i.e.

When is payment due?

Article 140 of the Labor Code of the Russian Federation establishes that even before dismissal (on the very last working day), a full settlement is made with the employee who decided to leave. The last term should be understood as follows:

Wages. It has been established that by the time the employee ends his work in a particular organization, he must be fully paid the money he earned during the period of actual work for the last month.
Severance pay. In some cases, directly provided for by law, employees have the right to severance pay, the amount of which depends on such an indicator as average daily earnings.
Compensation for unused vacation. Paid only in cases where the employee did not use his right to rest in the current period or used it partially.

It should be noted that Article 140 of the Labor Code of the Russian Federation also provides for other deadlines for making a full payment. For example, if an employee was absent on the last working day, then payments are made only after the corresponding request is voiced, and no later than the next day after its receipt.

Often, upon dismissal, disputes may arise between the employee and the employer regarding the correctness of the accrual of certain payments. In this case, Art. 140 of the Labor Code of the Russian Federation provides for a calculation procedure that requires the mandatory transfer to the employee of only the undisputed amount.

In turn, a dismissed employee who does not agree with the way he was paid has the right to apply to the judicial authorities to recover the amounts underpaid to him.

Attention! The limitation period for a dispute arising from labor relations, where the subject is incorrect calculation of wages and other payments, including compensation for unused vacation, is 1 year from the date when the corresponding payments should have been made.

As a rule, in most cases, employers comply with the norms of the Labor Code and pay all funds on the last working day. At the same time, the employee is given all the necessary documents related to the work.