For the dismissed employee, as foraccounting department of the organization, very important is the issue of how to calculate compensation for unused vacation. This is a very important point, since before the dismissal the employee could work in the company for a long time, but could leave during the probationary period, so it's important to calculate everything correctly, which will avoid all possible conflict situations. In which case is the full calculation of compensation for unused leave, and in which it is necessary to perform certain manipulations in order to pay the employee a certain amount?
First and foremost, it is important to note that the total volumecompensation to the employee will be paid only in the event that he will work in the company for at least 11 months, this guarantees him the receipt of normal annual leave. For calculation, in this case there is a special formula: (S: 29.4) / 12 * K, here S - the size of the total income of the employee for the specified calendar year, K is the number of days of vacation, usually this value is 28 days.
Calculation of compensation for unused vacation
Labor legislation is fairly clearrequires the employee to take advantage of this year's legal right to leave. In the case of dismissal, he can choose: to get a financial compensation for leave or to go for it as expected. Employers may face controversial situations, some of which have already been regulated by existing regulations and judicial practice.
If the employee has not usedhis or her additional leave, his days should be replaced by monetary compensation, exceptions are cases of periods that may not give the right to leave. An employee who has not been used legal leave for several years must receive appropriate compensation for the entire period. Calculation of compensation for unused vacation to employees who were discharged during the trial period is carried out in proportion to the time worked at the enterprise. Similarly, accrual is performed if the employee has worked less than six months at the enterprise. Employees who work under the terms of the fixed-term contract, the company at the end of the period of activity must pay not only the wages due, but also holiday pay, depending on what time he served in it.
If the employee was selected on leave,and not material compensation for him, he has the right to completely go for a walk, after which he can be dismissed. Sometimes there are situations that the employee is simply obliged to take leave. Special attention should be paid to the dismissal of officials.
Calculation of unused leave when the head is dismissed
The term of work of managers is determined by the charterorganization. Directors usually work under a special labor contract concluded for a set period of time. The decision to terminate the work of the manager is usually taken at the general meeting of the organization's participants. This situation implies compliance with certain conditions for the termination of the contract, after which the official will be paid compensation.
Calculation of compensation for unused leave upon dismissal
If the employee has not received hislegal leave, this can be counted as a violation of the law, which can lead to penalties imposed on the manager if this is determined during the company's inspection. The rules clearly state that the director should be notified by the company's participants in writing that his contract will be terminated soon, after which he will be dismissed according to the legislation. At the same time, he must receive all the due accruals. After this, you can conclude a new contract, the term of which is prescribed in the company's statutory documents.