The employer is obliged to pay the employee vacation pay no later than three days before the start of the statutory paid vacation, Rostrud reported.
As explained in the department, calendar days should be considered in this case, not working days. That is, in this case, holidays and days off are also taken into account.
In various articles of the Labor Code, different deadlines are indicated (both working and calendar days), depending on which part of labor relations is regulated by each chapter of the document. Therefore, as noted by Rostrud specialists, it follows from the systemic interpretation of these norms of the National Labor Code that the terms of vacation pay are calculated exactly in calendar days.
«It is important that if the pay day coincided with a weekend or public holiday, vacation pay was paid on the eve of that day,» labor relations experts stressed.
If, within the period established by law, the employer failed to fulfill its obligations and did not issue the average wage for days of paid rest, then the employee has the right to file a complaint with the State Labor Inspectorate. Every Russian citizen can report a violation of his rights through the «Report a Problem» service on the Onlineinspektsiya.rf portal, the department reminded.
A few weeks ago, Rostrud introduced a mobile application of the same name «Onlineinspektsiya.rf» for these purposes. With it, you can submit and track an appeal to the labor inspectorate, as well as get an online consultation through the «Duty Inspector» section. You can ask a question and get an answer within one to three business days.
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