News

The Ministry of Labor has published a draft law on raising the minimum wage by 3,000 roubles. Accountants will round up vacation days according to the new rules.

IThe minimum wage will increase by 18.5% and will amount to 19,242 rubles. This follows from the draft law, which was prepared by the Ministry of labor.

"To establish the minimum wage from January 1, 2024 in the amount of 19,242 rubles per month. The minimum wage for the next year is established by federal law in the current year, taking into account the value of the median wage, calculated by the federal executive body that performs the functions of forming official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation, for the previous year," the document says.

The increase in the minimum wage will amount to 3,000 rubles. The changes will take effect from January 1, 2024. The minimum wage from January 1, 2023 is 16,242 rubles. Employers will also have to calculate the duration of vacation in a new way.

Companies will determine differently how many days of vacation an employee is entitled to. In Article 120 of the LC will make an addition that rounding up time - only in favor of the employee. In addition, Article 127 of the Labor Code will establish specifics for the payment of compensation for unused vacation. If an employee has worked for 6-11 months, and he is dismissed, compensation will have to be paid for the full vacation, that is, for 28 days.

Vacation changes effective September 1, 2023

Vacation of 2.33 days will need to be rounded up to three days rather than two days.

When calculating the number of vacation days, 2.33 days will need to be rounded up to 3 days rather than 2.

New rounding of vacation days

You will round up the accumulated vacation days in favor of the employee. The corresponding addition will be made to Article 120 of the Labor Code. So the employee can get an additional day of vacation. For example, a vacation of 2.33 days will need to be rounded up to three, not two days. Now the rounding of the number of calendar days is not provided for in the legislation.

There is only an old letter of the Ministry of Health and Social Development from 07.12.2005 № 4334-17, which is recommended to guide employers. It says that if an organization decides to round up, for example, to whole days, such rounding should be done not according to the rules of arithmetic, but in favor of the employee. The Ministry of Labor adheres to a similar position (letter dated 02.11.2018 No. 14- 2/OOG-8717).

Calculation of seniority for vacations taking into account the changes

The length of service for vacation and calculation of compensation will be counted in proportion to the time worked.

The rule will be enshrined in Article 121 of the Labor Code. Now companies apply the norms adopted almost a century ago (rules adopted by the NKT USSR 30.04.1930 № 169). According to them, vacation days are also calculated in proportion to the months worked.

Compensation for unused vacation

Article 127 of the Labor Code establishes the peculiarities for the payment of compensation for unused vacation. If an employee has worked for 6-11 months, and he is reduced, dismissed, drafted or the company is liquidated, compensation will have to be paid for the full vacation.

A similar procedure is now enshrined in the rules established by the USSR NKT No. 169. But not all employers apply the rules of 1930, so there are disputes over underpaid compensation, in which employees subsequently win (the definition of the Second Cassation Court of General Jurisdiction from 25.02.2021 № 88-3956/2021).