Employment income
The label does not create complete immunity.
Paid in advance
The payment may support more than one calendar month.
A calculation is needed
The leave order and payslip establish the covered period.
Key evidence
| Fact | Why it matters | Evidence |
|---|---|---|
| Leave dates | Define the supported period | Employer order |
| Payment date | Holiday pay is transferred in advance | Bank statement |
| Payment components | Salary and holiday pay may be combined | Detailed payslip |
| Next salary date | Shows the debtor’s actual budget gap | Employer schedule |
The subsistence minimum
Supreme Court Plenum Resolution No. 48 includes employment income in the estate but preserves the subsistence minimum. A financial administrator may notify an employer of amounts paid directly to the debtor; disputes are resolved by the bankruptcy court.
Practical steps
- Obtain the leave order and detailed payslip.
- Record leave dates, transfer date and next salary date.
- Prepare a monthly income and protected-minimum calendar.
- Send it to the financial administrator in advance.
- Ask the employer to identify separate payment components where possible.
- If disagreement remains, apply to the bankruptcy court with the documents.
Related guides: estate calculator, money retained during bankruptcy and bankruptcy articles.
Frequently asked questions
Is holiday pay fully protected?
No. General estate and exclusion rules apply.
Why do the leave dates matter?
The advance payment may support the debtor until the next salary.
May it be withdrawn before the procedure?
Pre-bankruptcy transactions are assessed for good faith; concealment creates risk.
What if salary and holiday pay are combined?
Obtain a detailed payslip allocating each component.
Who resolves a dispute?
The administrator addresses it first; the bankruptcy court resolves disagreement.
Official sources
- Federal Bankruptcy Law No. 127-FZ;
- Russian Labour Code;
- Supreme Court Plenum Resolution No. 48;
- Federal Law No. 228-FZ.
Was holiday pay withheld without calculation?
We can review the covered period, employer documents and the procedural route.
Initial consultation