Vacation under a fixed-term employment contract: when to provide it and how to pay for it

Example #1

1. We count how many months a person worked: 1 – from September 10 to October 9, 2 – from October 10 to October 31 (22 days are rounded up to one). The total is 2.
2. We multiply by two and get that Gavrilov A.L. must receive money for 4 days of accumulated vacation.
3. For leave upon dismissal Gavrilov A.L. will receive 4,651.16 rubles (1,162.79 rubles/day * 4 days).

Condition No. 2: the contract period is more than 2 months.

Important! If the term of the employment relationship under the contract is more than two months, then upon dismissal, compensation for unused vacation is calculated in the same way as under an open-ended contract.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

In order to determine the amount of cash payment, we multiply the average daily earnings by the number of days of unused vacation.

Each working employee is entitled to at least 28 calendar days of vacation per year. For less than a year, we reduce this amount in proportion to the time worked.

In order to calculate the average income per day, they look at the total salary for the last 12 months. In a situation where a person terminates employment on a date other than the last day of the month, that month is excluded. The length of one month is taken to be 29.3 days.

Vacation

Compensation for unused vacation can be received by anyone, regardless of the type of contract, who has worked for at least 1 month in the company. In Art. 291 of the Labor Code of the Russian Federation states that all employees have the right to receive two paid days of rest every month. Depending on the period, compensation calculations are required.

1 month

In case of an employment contract concluded for a period of 1 month or less, the calculation is carried out on a general basis, in accordance with Art. 291 and art. 139 Labor Code of the Russian Federation:

• If a citizen has worked for a company for a full month, then he is entitled to payment for 2 days of vacation that he did not use.
• If a person worked less than 15 days, no compensation is paid.

It is worth considering that if the contract is concluded for 14 days, then you will also need to pay various allowances, for example, according to the conditions in the RKS.

2 months

Payments under a contract concluded for a period of up to two months are calculated taking into account the time the person worked:

• If there is half a month left before the end of the contract, then in the calculation this period is taken into account as one month and payment is made for 2 days of vacation.
• If it is less than half a month, then no compensation is paid.

3 months

If the employee’s work activity lasted up to three months, then by common agreement he can be transferred to the status of an indefinite term. This requires the conclusion of a new employment contract or additional agreement. In such a situation, compensation for vacation is calculated according to the calculation algorithm for an open-ended contract:

• with a full month, the citizen receives cash payments for 2 days in accordance with the average monthly earnings;
• Payment for an incomplete month is carried out only in case of working more than 15 days.

From 2 to 6 months

When concluding a fixed-term contract for a long period, compensation for vacation is calculated taking into account only fully worked months. So, one month worked is equal to 2 days of paid vacation. The final amount is calculated by multiplying the average daily salary by the number of vacation days that the citizen did not use.

Read on topic: Procedure for terminating a fixed-term employment contract at the initiative of the employee

Grounds for termination of a fixed-term contract

The reasons why relations under a fixed-term contract are terminated are listed in Art. 79 Labor Code of the Russian Federation. Among them:

• expiration date;
• completion of the work for which he was contracted;
• exit of the main employee;
• completion of the period when concluding a contract for seasonal work;
• at the employee's own request.

The employer must notify the employee that the contract term is coming to an end three days before dismissal. By mutual agreement, the parties may terminate the contract at any time.

If the production process requires the constant presence of a person at the workplace, then you need to look for a replacement for the temporarily absent employee. When the staffing level is restored, the conscript is fired.

At the same time, during his substitution, he may accumulate unused vacation. You need to understand how compensation for unused vacation under a fixed-term employment contract is drawn up, calculated and paid.

Are conscripts paid compensation for unused vacation?

Often employers hire employees for a certain period of time. The reasons for this may be different.

For example, the main subordinate goes on maternity leave, long vacation or sick leave. When the time comes to dismiss a temporary employee, then the question arises about compensation for unused vacation under a fixed-term employment contract.

It is important for an employer to follow the provisions of current legislation and not violate the rights of its subordinates. Article No. 37 of the Russian Constitution states that every citizen working under an employment contract has the right to annual paid leave.

Its minimum duration is 28 calendar days. For this period, the place and position, as well as the average salary, are maintained. This is stated in Article No. 114 of the Labor Code of Russia. Upon dismissal, all employees are paid monetary compensation for unused vacation days. This requirement is enshrined in Article No. 127 of the Labor Code of Russia.

Compensation for conscripts upon dismissal is provided for all paid leave, basic and additional. The employer's refusal to compensate them is considered a violation of the labor rights of the subordinate and is subject to punishment. Article No. 140 of the Labor Code of the Russian Federation defines the terms for payment of compensation upon dismissal.

Full financial settlement with the employee is carried out on the day of actual termination of the employment contract. If the deadlines established by law are violated, then management must pay all amounts due to the subordinate with interest. This is stated in article No. 236 of the Labor Code of Russia.

Legislative regulation

Whether leave is allowed under a fixed-term employment contract lasting up to 2 months is indicated in Article 291 of the Labor Code of the Russian Federation. According to this law, an employee must receive 2 days of rest per month of employment. A similar rule under Article 295 applies to those employed in seasonal work. This category includes contracts tied to a specific time of year and not exceeding 6 months.

The ability to get a job in an unlimited number of organizations is regulated by Chapter 44 of the Labor Code of the Russian Federation. Article 286 explains the regulations for granting leaves. According to this law, the rest periods of a part-time worker in 2 jobs must fall at the same time. If the agreed duration for an additional vacancy is less than for the main one, the employer is obliged to release the employee for the entire period without paying for extra days.

The procedure for other cases is not regulated by law, which means that the duration of leave under a fixed-term employment contract is determined according to Article 115 of the Labor Code of the Russian Federation, as for open-ended contracts.

How to receive upon termination of an employment contract?

To receive monetary compensation for days of unused vacation upon expiration of the validity period or early termination of a fixed-term employment contract, the subordinate does not need to take any measures.

The dismissal itself is a reason for the employer to pay all amounts of financial resources due to the citizen under the law, including due compensation.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The head of the company must issue an order to terminate the employment contract with the fixed-term employee. The order specifies a clause on payment to the employee of compensation for unused vacation days, as well as other amounts due to him.

It must be taken into account that the conscript receives less than what was initially awarded. This is due to the deduction of personal income tax. If a citizen has not received compensation on the day of dismissal, then he should contact his employer with a demand for payment of funds.

It is necessary to refer to the provisions of the current legislation that the manager violates. If this does not help, then you need to file a complaint with the Labor Inspectorate. The next authority is the prosecutor's office and the court.

It is important not to remain silent about the conflict that has arisen, but to try to achieve justice. When going to court, it will be possible to demand that the employer compensate not only the unused vacation period, but also the moral damage caused.

How to calculate correctly?

If there are no difficulties in determining the amount of compensation for unused vacation upon dismissal of employees with whom an employment contract was concluded for an unlimited time, then a number of questions arise in relation to conscripts. Making errors in calculations entails a number of problems.

If a greater amount of money is paid than is due to a subordinate, the company will incur unnecessary losses. If less is accrued than necessary, the employer may be brought to administrative or criminal (if a deliberate violation of the law is revealed) liability. Therefore, you need to know how to carry out the calculation correctly.

The general procedure consists of the following steps:

• determination of the billing period and duration of vacation;
• summing up the income received by the employee, from which insurance premiums were paid and which relate to the remuneration system. These are advance payments, allowances and additional payments, salaries, rewards and bonuses. A complete list of what should be taken into account is given in Regulation of the Government of Russia No. 922 dated December 24, 2007;
• determination of average salary. The total income is divided by the number of days in the billing period;
• determining the amount of compensation. Multiply the length of vacation by the daily income.

Calculating the amount of money as vacation compensation for a temporary employee has a number of features. Much depends on how long the subordinate was hired as a member of the company.

How to calculate compensation if the month is not fully worked

It happens that one of the months included in the billing period is incomplete. The rules for calculating the number of days, as mentioned earlier, depend on the conditions under which a fixed-term employment contract is concluded. Vacation compensation upon dismissal in this case is considered a little differently. When determining average earnings, the number of calendar days in an incomplete month is not 29.3, but is calculated by dividing 29.3 by the number of calendar days in this month and multiplying by the calendar days corresponding to the time worked in this month (clause of the Rules for calculating average earnings, approved by Decree of the Government of the Russian Federation dated December 24, 2007 No. 922).

Example

Ivanov worked for the company under a fixed-term contract, from September 9, 2019 to August 31, 2021. Salary for September 2021 – August 2021 amounted to RUB 440,000. On the day of dismissal, Ivanov is paid compensation for vacation. September 2021 was not fully worked out, so the accountant calculated the amount of compensation in the following order:

• determined the average daily earnings:

440,000 rub. / (29.3 x 11 months + 29.3/30 calendar days in September x 22 working calendar days in September 2019) = 1279.85 rubles.

• since more than 11 months have been worked, the number of paid vacation days is 28;
• The amount of compensation will be:

RUB 1,279.85 x 28 days = 35,835.80 rub.

Ivanov will receive 31,176.80 rubles in his hands, minus 13% personal income tax (4,659 rubles).

Contract for a period of less than 2 months

This is stated in paragraph 35 of the Rules approved by the CNT of the USSR on April 30, 1930, No. 169. If a citizen has worked more than 15 but less than 60 days, then he will be entitled to compensation for unused vacation under a fixed-term employment contract. Company managers need to take this point into account.

After all, it will not be easy to return the money paid to a former subordinate. If the contract was concluded for a period of two months or less, then upon dismissal, unused vacation is compensated at the rate of two days per month of work.

This is stated in article No. 291 of the Labor Code of Russia. The same rule applies to seasonal workers (Article No. 295 of the Labor Code of the Russian Federation). According to this requirement, the subordinate will have to pay a minimum of 2, maximum of 4 days.

When determining the duration of vacation, you should adhere to the standard rules. First, you need to calculate the number of months actually worked by the person from the date of employment.

If there are exactly two of them, then the conscript will need to compensate for four days. If a citizen worked less, then the rounding rule is followed.

If 15 days or more are worked in a month, then it is taken as a full month; fewer days are not taken into account. In the first case, the conscript will be paid 4 days, and in the second - 2 days of vacation in the amount of average earnings.

Algorithm for calculating compensation upon dismissal:

• Pavlov V.S. worked from January 3 to February 14, 2021 according to the calendar for 31 days;
• the average daily salary is 55000_31=1774.19 rubles;
• will have to pay Pavlov V.S. upon dismissal, compensation in the amount of 1774.19 x 2 = 3548.38 rubles.

Algorithm for calculating the amount of compensation for unused vacation:

• The citizen worked for 1 month and three weeks. He is entitled to four days of leave;
• in fact Sidorov A.A. went to work for 35 days;
• average daily income is 63000_35=1800 rubles;
• must pay Sidorov A.A. 1800x4=7200 rubles.

Dismissal under a fixed-term agreement

Quite often there are situations when a person working under a contract loses his job. Upon dismissal, the employer is obliged to comply with all required procedures and pay monetary compensation. If this is not done, you may encounter various problems that will lead to litigation, as well as large losses of time and money.

Main features

In order for the termination of an employment contract to be carried out legally, it is necessary to take into account some of the nuances of this procedure. Otherwise, the dismissal may be considered unfair, which will cause big problems for the entrepreneur.

Key Features:

1. The basis for cancellation of the contract may be not only the reason enshrined in the Labor Code of the Russian Federation, but also the special agreed conditions on which the agreement was concluded.
2. If the fixed-term contract has completely expired, and the owner of the company does not insist on breaking it, then the employee can continue to perform the functions assigned to him. Courts qualify such an extension of labor cooperation as a reason for drawing up an open-ended contract.
3. A contract concluded for a specific period can be valid for 5 years. After this, the business owner and employee can renew it or create a new one.
4. Labor legislation provides for mandatory monetary payments for early termination of a contract. Their size and quantity must correspond to those paid upon dismissal of an employee working under an open-ended contract.
5. All provided compensation must be issued on the last working day. This includes not only the remaining salary, but also money for unused vacation. If the dismissal occurred due to the liquidation of the company or staff reduction, the former employee is entitled to an additional one-time monetary compensation in the amount of average monthly earnings.
6. The amount of payments for unused vacation days depends on the duration of the contract and the conditions under which it was concluded.

Compensation under the contract up to two months

Article 127 of the Labor Code of the Russian Federation stipulates the method for calculating compensation. If the contract was concluded for a period of more than 2 months, then determining the number of required payments is carried out in exactly the same way as with an open-ended agreement. If the document has a validity period of less than 60 days, the amount of payments is calculated according to a special scheme established at the legislative level.

The Labor Code of the Russian Federation contains a rule that states that for each month worked, an employee is entitled to 2 vacation days. It follows from this that compensation for vacation for a fixed-term contract of up to 2 months should be the amount that will be paid based on the average salary for 4 days.

Another important nuance that must be taken into account when concluding a short-term employment contract is that compensation will be paid only if you work 15 or more days a month (for February - 14 days). If an employee works at least one day less, no cash payment will be made.

Contract for 2 months or more

If a fixed-term contract is concluded for more than two months, then compensation for unused vacation is paid in the same way as in the case of a subordinate hired for an unlimited time. According to the law, the right to release from work arises six months after employment.

In this case, vacation in full is provided only after a year. If a person quits earlier, then compensation is calculated for unused days of release from work, calculated in proportion to the time worked.

Algorithm for calculating compensation payments to Valerieva A.S.:

• the woman worked for a year and 16 days. She is entitled to leave of 28+2.33=30 days;
• the employee must be paid 1194.54x30=35836.2 rubles.

Thus, upon dismissal, conscripts are entitled to compensation for unused vacation if they have worked for more than 15 days from the date of registration as a member of the company. It is paid taking into account a number of rules established by current legislation.

If a citizen has worked for less than two months, then he is compensated for 2-4 days of vacation. If the contract was concluded for a longer period, then the proportionate approach applies.

At every enterprise, it happens that the main employee temporarily leaves the workplace. The reasons may be different - a long business trip, maternity leave, complex illness, annual or extraordinary leave.

During these periods, the law prohibits employers from depriving a permanent employee of his position and workplace, but the absence of an employee is fraught with problems for the enterprise, including stopping operations. Therefore, the legislator provides for the possibility of hiring temporary workers, in respect of whom, despite short-term cooperation, the employer is also obliged to comply with the norms of the Labor Code of the Russian Federation.

Thus, the list of payments includes compensation for temporary workers upon dismissal, which not everyone knows about.

Payments upon dismissal of employees, regulated by the Labor Code of the Russian Federation

Important! An employee has the legal right to defend his rights and interests in court, including in cases where the employer incorrectly calculated dismissal payments or deliberately reduced their amount.

The provisions of the Labor Code give accountants a clear idea of ​​what payments must be made to an employee at the time of dismissal from work, and how to correctly calculate the amount of such payments. The instructions of the Labor Code of the Russian Federation apply to all cases of termination of employment contracts, regardless of the characteristics of employment and the form of ownership of the company .

An employee, including a temporary one, may claim the following amounts on the day of leaving work:

Is temporary workers entitled to compensation upon dismissal against unused vacation?

Important! If a temporary employee has worked for the company for 6 months or more, the employer is obliged to provide for him a full list of payments (including compensation) that are due to permanent employees upon dismissal from work.

Thus, together with the remaining wages and, in some cases, severance pay, a temporary employee upon leaving work is paid compensation for unused vacation (vacation pay that was not received due to the fact that the employee never went on annual paid leave).

In order to correctly calculate the payments due to a temporary employee, the accounting department must have the following information:

1. The total length of service of the subordinate in the company in which he currently works (the procedure and rules for calculating the length of service giving the right to leave are given in parts 1 and 2 of Article 121 of the Labor Code of the Russian Federation).
2. The number and duration of periods that are excluded from the total length of service at the company (if any).
3. The number of days that are not included in the total length of service, but must be taken into account for the purpose of providing paid annual leave.
4. The total number of rest days that have “accumulated” during the current period that have not been used by the temporary worker.
5. The number of days of the next vacation that were used by temporary staff “in advance” (before the right to rest arises) - payment for such days should be excluded from the final amount of compensation for unused vacation.

When calculating the amount of compensation for unused days of annual paid leave, the following points are taken into account:

Features of a fixed-term employment contract (continued, part 2)

At the request of many colleagues, I am supplementing the previously stated provisions in terms of clarification on some points on the topic of Concluding fixed-term employment contracts with employees.

In this part, the norms of labor legislation relate to: the timing and procedure for payment of funds upon expiration of a fixed-term contract.

Let me remind you that in accordance with Art. 59 of the Labor Code of the Russian Federation, a fixed-term or temporary employment contract can be concluded only if there are the following grounds: temporary work, the duration of which is less than 2 months; seasonal work; obviously temporary work (installation, commissioning, etc.); work whose completion is determined by an exact date; performing the duties of a temporarily absent employee; work abroad.

At the same time, the legislation also determines the categories of workers with whom a temporary contract can be concluded by mutual agreement. These include: part-time workers; old age pensioners; elected to a position by competition; heads of organizations, chief accountants; full-time students; creative professionals; sports team coaches.

In addition, small businesses have the right to offer fixed-term contracts to their employees. The number of employees of such an organization should not exceed 35 people.

A fixed-term employment contract does not always have an end date, and this is completely legal.

There is a misconception that upon dismissal, an employee is not entitled to any benefits or other minimum payments. But this opinion is wrong, since conscripts have the same guarantees as ordinary workers.

End of a fixed-term contract

Article 59 of the Labor Code of the Russian Federation regulates the issues of when and under what conditions a fixed-term contract can be concluded with a particular employee.

Article 79 of the Labor Code of the Russian Federation regulates important features of termination of a fixed-term employment contract with a temporary employee and cases when such an agreement can be considered terminated:

• at the end of the validity period - if the terms and conditions indicate a clear period;

• upon completion of work - if the contract is concluded for the period of performance of a specific amount of work;

• when a permanent employee leaves work - if a temporary employee replaces him;

• at the end of the season – if the employment relationship is concluded for a seasonal period.

In addition, a fixed-term employee can resign at his own request (Article 80 of the Labor Code of the Russian Federation) or by agreement of the parties (Article 78 of the Labor Code of the Russian Federation). In some cases, it is possible to terminate a fixed-term contract at the request of management on the basis of Article 81 of the Labor Code of the Russian Federation.

The employee is notified in writing of the fact of dismissal 3 days in advance. If this is not done, then the person cannot be fired on the day the fixed-term contract ends; this will be a violation of labor legislation, and the contract will go from fixed-term to indefinite.

It is mandatory to notify the employee, and according to the new rules from 2019, notice of dismissal must also be given in the case when a permanent employee returns to work, during whose absence a conscript has been hired. When such an employee returns to work, the temporary employment contract with the temporary employee terminates. On the day of his dismissal, the employee must be given all pay slips, as well as a work book.

Payments due upon termination of a fixed-term contract

According to Article 127 of the Labor Code of the Russian Federation, if the agreement is concluded for a period exceeding 2 months, then compensation is calculated in the same way as for an open-ended contract. This means that payments will be made in proportion to the time worked with the required rest days.

According to Article 291 of the Labor Code of the Russian Federation, 2 legal days of rest per month are assumed, i.e. after a year of work, a full-fledged vacation “flowed” accordingly.

If in the process of work not all days of a given rest are used by a person, then he is entitled to compensation. Compensation payments are assigned to a fixed-term employee upon dismissal, regardless of the reason for termination of the contract. Even if an employee is dismissed for violations, the manager is obliged to pay for unused vacation days.

Payments for any type of dismissal

The employer is required by law to make payments to the dismissed person for any type of dismissal. Such compensations include:

• Salary for the period worked;

• Compensation for unused vacation.

• Severance pay.

Additional benefits can be set privately by the union, the employer or the parties to the contract. Payments are also made depending on the situation in the amount of up to three months’ average earnings, if the dismissed person is registered with the territorial employment center

, but for two weeks he was not provided with suitable work.

When concluding a fixed-term contract, an employee rarely thinks about whether he is entitled to vacation. But in fact, this issue is strictly spelled out in the legislation. In fact, if we take the example of a conscript working for a month, then upon dismissal the employer must compensate him for the due two days of unused vacation. Even if the employee worked 15 days, he is entitled to these two days. But if the period is less than 15 days, then vacation is not accrued at all.

If an employee has actually worked for more than 2 months under a fixed-term contract, then vacation days are calculated in the same manner as for employees with an open-ended contract.

Even if an employee was registered for 6 months, but only worked for three, he has the right to receive monetary compensation. Specifically in this case, the amount for 7 days of unused vacation will be calculated. Accordingly, if a person decides to quit after a month, he will receive compensation for only two days.

Table 1. Notice periods for dismissal of different categories of conscripts

If we talk about certain types of dismissal, then certain types of payments are due:

1. Upon dismissal by agreement of the parties:

o Salary for actual time worked;

o Compensation for vacation and/or sick leave;

o Severance pay (the amount will depend on negotiations with management).

o Upon dismissal due to restructuring, staff reduction, liquidation of the enterprise, change of owner:

 Salary for the period worked and previously unpaid;

 Severance pay equal to the average salary;

 Payments within 2-3 months in the form of average earnings are made by the employment service;

 Compensation for unused vacation days;

 Additional payments, if provided for by the contract or other parties.

2. At your own request:

 Salary;

 Vacation compensation.

 At the initiative of the employer (if the employee is at fault):

 Salary and vacation/sick leave compensation.

That is, in fact, “by agreement of the parties” is considered the most BENEFITIVE for the employee. In the absence of payments required by law, the employee has the right to apply to the appropriate authorities to receive the funds due to him.

If for some reason a person refuses to collect money on his last day at work, then it must be provided to him on another day upon request.

If an employee resigns while on vacation or immediately after taking it, the date of termination of the employment relationship will be considered the last day of vacation.

Table 2. Notice periods for dismissal under fixed-term contracts.

Compensation for unused vacation under a fixed-term contract

Compensation for unused vacation can be received by anyone, regardless of the type of contract, who has worked for at least 1 month in the company (Article 291 of the Labor Code of the Russian Federation) and all employees have the right to receive two paid days of rest every month. Depending on the period, compensation calculations are required.

1 month of work

In case of an employment contract concluded for a period of 1 month or less, the calculation is carried out on a general basis, in accordance with Art. 291 and art. 139 Labor Code of the Russian Federation:

• If a citizen has worked for a company for a full month, then he is entitled to payment for 2 days of vacation that he did not use.

• If a person worked less than 15 days, no compensation is paid.

It is worth considering that if the contract is concluded for 14 days, then you will also need to pay various allowances, for example, according to the conditions in the RKS.

2 months of work

Payments under a contract concluded for a period of up to two months are calculated taking into account the time the person worked:

• If there is half a month left before the end of the contract, then in the calculation this period is taken into account as one month and payment is made for 2 days of vacation.

• If it is less than half a month, no compensation will be paid.

Contract for 3 months

If the employee’s work activity lasted up to three months, then by common agreement he can be transferred to the status of an indefinite term. This requires the conclusion of a new employment contract or additional agreement. In such a situation, compensation for vacation is calculated according to the calculation algorithm for an open-ended contract:

• with a full month, a citizen receives cash payments for 2 days in accordance with the average monthly earnings;

• payment for an incomplete month is carried out only in case of working more than 15 days.

EXAMPLE: The duration of vacation for citizens hired for more than 2 months for non-seasonal work is calculated as follows: 28 calendar days / 12 months = 2.33 calendar days for each working month.

Thus, vacation under a fixed-term employment contract for 6 months is calculated in calendar days, and not in working days (Letter of Rostrud dated July 30, 2014 No. 1693-6-1).

According to the general calculation rules, holidays in calendar days are not included in the rest period of a temporary employee and are not paid by the employer (Article 120 of the Labor Code of the Russian Federation).

Work from 2 to 6 months

When concluding a fixed-term contract for a long period, compensation for vacation is calculated taking into account only fully worked months. So, one month worked is equal to 2 days of paid vacation. The final amount is calculated by multiplying the average daily salary by the number of vacation days that the citizen did not use.

Duration of rest

The duration of an employee’s vacation depends on the period for which he was hired by the organization.

An employee can count on 2 days of rest for each month worked if he:

• entered into an agreement with the employer for less than 2 months;

• was hired for seasonal work for a period of up to 6 months.

In other cases, the duration of rest time according to labor standards is calculated in calendar days.

FOR EXAMPLE, an employee performed his professional duties for 9 months.

The number of days of rest is determined as follows: 9 months x 2.33 calendar days for each month worked = 20.97. The resulting number is rounded, so an employee who has worked for 9 months under a fixed-term contract is entitled to 21 days of vacation.

In addition to the main leave, temporary workers are guaranteed the right to receive additional rest in cases provided for by the Labor Code of the Russian Federation.

Number of vacation days accrued for each full month worked in the organization:

• 2 working days – for seasonal fixed-term workers (Article 295 of the Labor Code of the Russian Federation);

• 2 working days – for a contract term of up to 2 months (Article 291 of the Labor Code of the Russian Federation);

• minimum 2.33 calendar days (provided that there are 28 days per year) – in other cases.

A month in which half or more days are worked is considered full. In case of dismissal under a fixed-term contract, leave in working days is granted only in two cases: when a person is hired for the duration of the season, and when the term of the employment relationship is up to 2 months.

If half or more days (15 or more) are worked in a month, then the employee is entitled to leave in the amount of:

• 2 working days – for an employment contract of up to 2 months;

• 2.33 calendar days – for a period of more than 2 months.

• if less than half a month is worked, no compensation is due.

When determining whether an employee has worked half the month or not, you need to take not the calendar month, but the month worked - from the date of employment to the date of dismissal.

A fixed-term employee who has worked for 2 months in an organization has the right to receive:

• 4 working days of vacation – if the term of his employment contract is up to 2 months;

• 4.66 calendar days of vacation – if the period is more than 2 months.

Examples:

1. A person was hired on October 18, 2021, and quits on November 5, 2019. In this case, he worked 19 days in the organization, which means he is entitled to 1 full month of vacation.

2. A person was hired on October 23, 2021, and quits on November 3, 2019. In this case, 12 days worked - that’s less than half, and no vacation is allowed.

If an employee under 18 years of age is hired under a fixed-term employment contract,

then upon termination of relations with him, he is also entitled to compensation for vacation days. The annual duration of rest for minors is 31 calendar days according to Article 267 of the Labor Code of the Russian Federation. Therefore, for each full month (in which 15 or more days were worked) 31/12 = 2.58 calendar days are calculated.

How many days of unused vacation must be paid if a minor is dismissed, hired for up to 2 months or for the duration of the season - 2.58 or 2?

The rights of a minor employee should not be deteriorated in comparison with the Labor Code of the Russian Federation, therefore the amount of vacation compensation for both cases should be calculated and a larger amount should be paid.

CONCLUSIONS:

When terminating a fixed-term employment contract, the employee must be paid compensation for vacation not taken. The calculation of this payment will depend on whether the temporary employee receives vacation in working days or calendar days.

According to labor law, vacation pay is paid no later than 3 days before the start of the vacation, but always before the start of the weekend.

If the contract period is up to 2 months, or the person is hired for the duration of the season, then the calculation is carried out according to clause 11 of Regulation No. 922 (Resolution of the Government of the Russian Federation of December 24, 2007 N 922 (as amended on December 10, 2016) “On the peculiarities of the procedure for calculating the average salary ").

If the contract term is more than 2 months, then the calculation is carried out according to standard rules, as for open-ended employment contracts, based on clause 10 of Government Resolution No. 922.

Legally, vacation can be replaced by monetary compensation when an employee is dismissed without explanation.

Compensation for unused vacation for a worker under a fixed-term contract is calculated in the same way as vacation pay - by multiplying the average daily earnings by the number of days of allotted vacation.

A temporary employee, upon written application and good cause, may be granted leave without pay. Its duration is regulated by the Labor Code of the Russian Federation and local regulations of the company.

If an employment contract is concluded with the head of an enterprise (and temporary fixed-term employment contracts are always concluded with the management team), then upon termination of employment relations with him, the enterprise pays “compensation” or severance compensation in connection with dismissal.

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Procedure for applying for vacation compensation for a fixed-term employment contract

Employment contracts are one of the most important documents between an employee and an employer. There are several types of contracts:

1. Fixed-term contracts - concluded for a certain period, but not more than five years; if neither party expresses a desire to terminate it and the employee continues to work, it automatically becomes unlimited

2. Perpetual – contracts that do not have a specific period of validity

The procedure for providing compensation is the same for both a fixed-term and an open-ended employment contract, namely:

• The employee must submit a free-form application for compensation addressed to the manager, indicating the reason why he is entitled to it
• If approved by the boss, his visa is issued
• The next stage is the publication of an order, which indicates to whom compensation is awarded and for what.
• A note is made on the personal card indicating that the vacation has been replaced by compensation and the basis.
• Then the accrual and payment occurs

Answers to frequently asked questions

Is a personal income tax deduction available for a child in the case of compensation and wages?

Answer: Yes, a deduction for a child is provided without fail, for the first one in the amount of 1,400 rubles once a month, that is, if in one month you receive both compensation and wages, then there is only one benefit

What is the difference between calculating compensation upon dismissal under a fixed-term employment contract and an open-ended one?

A regular employment contract differs from a fixed-term one in that it is concluded on a permanent basis and without a deadline, there is no difference in accrual, there are some peculiarities, such as vacation is not accrued for less than a month of work, and if you have worked more than 15 days, then as expected

What penalties are imposed on an employer for non-payment of compensation?

According to the Labor Code, in any case, the employer will have to pay the amount due, as well as interest in the amount of one hundred and five tenths of the Key Rate of the Central Bank for each day of delay in payment, starting from the next day.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

As you know, everything in the world is finite. Including work, even permanent work. Moreover, if the contract was concluded for a certain period. The employee, aware of the approaching end of the contract, is gradually looking for a new place.

You also need to know what payments are due upon termination of employment contracts and why. In what cases can an employee count on compensation? We will try to deal with this issue in the article.

Calculation of compensation in working days

Sometimes vacation compensation is calculated in a different order - based on working days according to the calendar of a 6-day work week. This happens upon termination of a contract concluded for a period of seasonal work or for a period of up to 2 months. In this case, 2 working days of vacation are due for each month of work.

If there is such a fixed-term employment contract, compensation for leave upon dismissal is calculated as follows:

• to determine the average daily earnings, the accrued salary is divided into working days according to the calendar of a 6-day working week (clause 11 of the Rules for calculating average earnings, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922);
• average earnings are multiplied by the number of working vacation days.

Working days are counted for each month of the billing period.

Severance pay

In labor legislation, this term refers to a payment determined by the norms of the Labor Code or a fixed-term contract . Roughly speaking, this is money intended to ensure that the employee has something to live on while he is looking for a new job, if he has not yet found one, or maybe he has found it, but it turned out to be completely different from what was promised during the interview.

The amount of this compensation depends on the reason for which cooperation with the citizen is terminated. So, for example, if the reason was:

1. failure to pass certification and, as a result, inadequacy for the position;
2. according to the medical report, continuation of work is impossible;
3. the former employee was reinstated at work (Article 83, clause 2 of the Labor Code);
4. a citizen is drafted into the Armed Forces (Article 83, paragraph 1 of the Labor Code);
5. the organization moves to another location, but the citizen refuses to move,

then the benefit amount will be equivalent to the average two-week earnings of this person.

If termination of cooperation with a citizen occurs ahead of schedule due to circumstances beyond the control of the employee himself - for example, the company ceases to exist or there is a reduction in staff (Article 81 of the Labor Code, clauses 1 and 2), then the average salary will be paid within two months after care And only if, after resigning, the citizen registers at the labor exchange within the next two weeks and he will not be able to get a new job within the next month and a half.

However, there is one “but” - all this is due to a person if cooperation with him is terminated before the expiration of the contract and, so to speak, for good reasons.

This is precisely the reason why an employer can, in the event of a threat of bankruptcy looming over the company, strenuously insist on leaving “on his own.” Or propose an agreement between the parties - of course, verbal, because he is not going to implement it.

Therefore, you need to write such a statement only if it is really more profitable to do just that.

What to do if the organization does not issue the required amounts

First of all, you need to make sure that you have the right to it at all - that is, you left the organization not of your own free will, not for a gross violation of labor discipline, but, say, as a result of layoffs. Or, for example, there was an agreement between the parties, and in the text of the document (one copy should be in your hands!), the amount of payments by the employer upon termination of cooperation is stated.

After this, you need to contact the employer in writing (in the form of a memo or application) with an offer to pay you compensation). Make sure you mark the paper as acceptance , then save one copy.

If there are no contradictions, you need to contact the labor inspectorate (you can do it in person with a written complaint, or you can do it online). You need to indicate the validity period of the employment contract, when you received a warning about the impending termination of cooperation and how the employer motivated his refusal.

After the inspection, the labor inspectorate will issue an order to the employer to pay you the compensation you are due. If this does not help, the case can be heard in court (only for this you need to secure either a refusal from the labor inspectorate to help you, or confirmation that the order was not fulfilled).

For violation of labor legislation, the employer may be subject to administrative liability (Article 5.27 of the Administrative Code) and a fine. It will be possible to oblige him to pay compensation for moral damages if it is confirmed that his greed negatively affected you.

The main thing for both parties is to know and respect each other’s rights and obligations. Then any dismissal will be painless and the question of payments will not arise, because the employer will take care of their timely issuance even in the event of early termination of the contract.

However, we must also remember that rescuing drowning people is primarily the business of the drowning people themselves, and if the worker himself does not know and defend his rights, it is unlikely that anyone will help him.

Payment upon dismissal under a fixed-term employment contract must be made with each employee, regardless of the period for which it was concluded. The amount that the employee must ultimately receive is calculated individually. All payments must be made within the period established by law.

Refusal of the organization to pay

If the employer refuses to pay compensation to employees, you must contact the labor inspectorate with a complaint. After the inspection, the inspectorate obliges the employer to make a payment of funds.

If the manager does not comply with the inspection order, the citizen can go to court. If the employer’s guilt is proven, he may be held administratively liable and a fine imposed. In court, a citizen can demand from the employer payment of compensation for moral damage if it is proven that the delay in payments had a negative impact on him.

If the employment relationship with an employee is terminated, both before the expiration of the contract and after, the employer is obliged to pay the funds provided for by law. In case of failure to fulfill obligations on the part of the manager, the employee may go to court to recover the entire amount of money.