Holiday Pay in Russian Bankruptcy: What Can You Keep?

Short answerVacation pay is not automatically taken in full, but it is employment income considered within the Russian bankruptcy estate. Statutorily protected amounts, including the applicable subsistence minimum, remain available to the debtor. Because vacation pay is advanced before leave, the covered dates and the next income payment must be identified.

Employment income

The label “vacation pay” does not create complete immunity.

Paid in advance

Labour Code Article 136 requires payment no later than three days before leave.

Calendar analysis

Receipt date, leave period and next salary date are reviewed together.

How much remains protected

Situation	Review	Evidence
Leave within one month	Total employment income and monthly protected amount	Payslip and statement
Leave spans two months	Period covered by the advance and next income date	Leave order, calendar and employer certificate
Salary and vacation pay combined	Components of the single transfer	Payroll breakdown
Dependants or special expenses	Grounds for additional exclusion	Dependency records and reasoned application

There is no universal rule requiring half of the vacation pay to be surrendered. The protected amount depends on statute, the applicable subsistence minimum, payment period, other income and orders in the individual case.

Actions after payment

Do not transfer funds to others

Keep the payment in a disclosed account and avoid creating concealment concerns.

Obtain payroll records

Collect the leave order, payslip, covered period and next-payment date.

Inform the manager

Provide the documents and a written explanation of the period covered.

Record any disagreement

If the calculation ignores the period or dependants, use the formal court process.

Distinguishing payments

ordinary vacation pay is average earnings for annual paid leave;
unused-leave compensation on termination is a separate employment accrual;
salary for days worked may arrive in the same transfer;
sickness benefit has a different statutory basis and records;
employer assistance is classified by its legal basis, not the bank memo alone.

Documents

Document	Purpose	Source
Leave order or notice	Start and end dates	Employer
Payslip	Accrual components	Payroll
Bank statement	Actual date and amount	Bank
Next-payment certificate	Period without new income	Employer

A holiday-pay timeline without a predetermined deduction

Suppose leave starts late in one month and continues into the next. The financial manager needs a breakdown of covered periods, not just a credit receipt. Complete this table with actual dates and amounts from employer records.

Calculation item	Specify	Evidence
Salary before leave	Payment date, amount and covered period	Payslip
Holiday pay	Receipt date, amount and leave dates in each month	Leave order, employer calculation and bank statement
Other receipts	Type, purpose and payment month	Certificate or award decision
Funds already released	Month covered and amount	Manager’s response and bank statement
Next salary payment	Expected date and covered period	Employer information

Example request: “Please review living-expense funds for [months], taking account of holiday pay received on [date] for leave from [date] to [date]. Funds of [amount] have already been released for [month]. The next payment is expected on [date]. Supporting documents are attached.”

The table does not establish an automatic entitlement to two subsistence allowances or replace a decision on a dispute. It identifies covered periods and prevents the same amount being counted twice. If you disagree, ask the manager to explain the calculation for each month.

FAQ

Is all vacation pay taken?

Not automatically. It is reviewed as income, while statutorily protected funds remain outside the estate. The actual period requires calculation.

Why is it paid before leave?

Russian Labour Code Article 136 requires payment no later than three days before leave begins.

May the money be spent immediately?

Spending the full amount before the protected share is established creates risk. Submit the records first.

What if the next month was ignored?

Provide a written calculation and evidence. Unresolved disputes are determined by the commercial court in the bankruptcy case.

Articles 136 of the Labour Code and 213.25 of the Bankruptcy Law checked on 21 October 2026. A payment timeline documents the request; it does not itself determine a court-approved exclusion.

Official sources

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