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Payment instead of leave: in some cases it is paid to

Компенсация вместо отпуска: в каких случаях ее выплачивают

It is important to know your rights.

Compensation is only possible within the operating year and upon its expiry, provided that an employee used 24 calendar days of annual basic and additional leave for that work year.

This was reported on the website of the Main Department Rostruda in Dnipropetrovsk region

In some cases you can get compensation:

  • compensation is only possible within the operating year and upon its expiry, provided that an employee used 24 calendar days of annual basic and additional leave for that work year;
  • replacement part of annual leave with monetary compensation occurs at the request of the employee;
  • the duration given to the employee’s annual and additional vacations shall not be less than 24 calendar days.

In some cases, compensation can not be obtained:

  • if an employee has unused annual basic leave of 24 calendar days each;
  • this requirement is due to the fact that leave is granted to the employee primarily for recreation and promote health, and therefore, the law prohibits an employer to compensate for the money not the rest;
  • certain categories of employees, namely persons under 18 years, replacement of all types of leave with monetary compensation shall not be allowed.

However, to accumulate, and then use or to receive compensation only for annual leave and additional social leave for children.

Such holidays include:

  • annual basic leave;
  • annual additional holiday for work with harmful and heavy working conditions;
  • the annual additional leave for special nature of work;
  • other annual additional leave stipulated by the legislation;
  • additional social leave to employees with children or adult children disabled since childhood And subgroups of group I.

If an employee retires and has unused vacation:

  • the company must pay compensation for all the days of these periods;
  • regardless of the year in which the vacation is granted for entitlement takes into account the average earnings of the worker during the last 12 calendar months;
  • the amount of compensation is calculated as the product of average daily earnings and the number of days of unused vacation.

Additional leave to employees with children or adult children disabled since childhood And subgroups of group I, is not available for work, and for the calendar year. Therefore, in the case of dismissal of an employee in the beginning or in the middle of the year will be paid compensation during such leave the full duration.

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