puhkusekompensatsiooni

Puhkusekompensatsiooni is a term used in Estonian labor law referring to compensation for unused annual leave. When an employment contract is terminated, an employee is entitled to receive payment for any accumulated but unused vacation days. This compensation is calculated based on the employee's average gross wages during the six months preceding the termination of the employment. The employer is legally obligated to pay this compensation no later than the last day of employment.

The purpose of puhkusekompensatsiooni is to ensure that employees are not deprived of their earned vacation rights, even if they leave their job before they have had the opportunity to take their accumulated leave. This payment is a statutory right and cannot be waived by the employee through an agreement, although the amount of unused leave itself may be subject to certain limitations as defined by law. If an employee has taken more vacation days than they were entitled to at the time of termination, the employer may deduct the excess days from their final payment, provided this is legally permissible and documented. The specifics of calculating the compensation and any potential deductions are governed by the Employment Contracts Act.