Most of the dismissed or dismissedemployees, as well as accountants who are engaged in charging them money, are concerned about the questions that they are facing when calculating compensation for dismissal. Here everything is quite simple, and if you follow the instructions in detail, then each employee has the opportunity to calculate on his own how much money he will receive upon dismissal. In which case should compensation be paid in full for the unused vacation?
First it is worth to say that in order to obtainthe full amount of compensation an employee must work at the enterprise for at least 11 months, only so he can count on normal annual leave. In this case, the calculations are made using the following formula: (S: 29.4) / 12 * K, where S is the size of the employee's total income for the specified calendar year, K is the number of days of vacation, usually this value is 28 days.
Calculation of compensation for dismissal
The labor legislation clearly states thatthe employee is obliged to use his legal leave this year. When he leaves, he has the right to choose: "walk away" for the time allotted for vacation or to agree to material compensation. When it is paid, employers sometimes face controversial situations, some of which have already been regulated by judicial practice or existing regulations. You can consider them.
In a situation where the employee was not usedadditional vacation for the worked year, his days are replaced by cash compensation, if the employee has not had periods during the year that do not give the right to leave. If the employee has not been used additional leave for several years, then for all days he must pay a certain amount.
If the employee is dismissed while hethe probationary period has not yet expired, the calculation of the compensation of leave upon dismissal is carried out proportionally to the time that it has worked. In the event that a specialist has been worked out only 6 months, the payment for unused vacation will be calculated in proportion to the time worked. When working under contract on the last day of the contract the employer must pay for the entire period of wages and the payment of a special holiday, depending on the time of service in the company.
If a person chooses not to leavecompensation, and leave, then he has the right to take it completely, after which he will be dismissed. Sometimes there are situations where an employee is simply obliged to take a vacation. It is worth paying attention to the procedure for the dismissal of senior officials.
Calculation of compensation for the dismissal of the head
The charter of the organization determines the period of workleader. The director usually enters into a labor contract for a certain fixed period. At the general meeting of the company's participants, a decision is made that the manager ceases his powers. For this situation, there are certain features of termination of the contract with the subsequent payment of compensation.
If the employee is not provided for more than a yearleave, it will be counted as a violation of the law, in which case the supervisor will be punished with penalties during the check. The rules say that members of the company are obliged to notify the director in writing about the termination of the employment contract, and then dismiss him in full compliance with the current legislation. At the same time, all the accruals that are due are paid. Further, a new agreement is concluded, the term of which must be provided for by the statutory documents. However, most companies do not terminate the contract, but make up an agreement that specifies the change in the term of obligations.
Now you know how compensation is calculated when you leave, so you can imagine how much you can expect to receive payments.
