Labor Code dismissal payments consultant. Settlement with an employee upon dismissal of the Labor Code of the Russian Federation

After the dismissal order has been issued, the question arises: what payments upon dismissal does the law provide for? The Labor Code of the Russian Federation contains rules regarding monetary compensation upon dismissal for vacation that was not used, severance pay and wages for time worked. Payment of money after dismissal must be made within a period not exceeding three days after the order is issued.

Amount of compensation upon dismissal

The dismissal procedure consists of several stages:

1. Writing an application (if it is at your own request).
2. Issuance of an order.
3. Payment to the employee and issuance of a work book.

So, what happens when you resign at your own request?

The employee has the right to claim the following payments:

• salary for hours worked;
• compensation for vacation that was not used;
• thirteenth salary (if this is stated in the local acts of the organization).

Compensation for vacation that was not used by the employee must be made according to the following formula:

K-compensation for vacation that was not used by the employee;

M is the average daily salary of the employee;

N is the number of vacation days.

N is defined as follows:

2.33*number of months worked for which vacation was not granted.

For reference! This formula has been approved by the Ministry of Labor of the Russian Federation and is used, as a rule, to calculate regular calendar holidays of 28 days. If we are talking about longer vacations, we recommend contacting the labor inspectorate for clarification or dividing the total number of vacation days by the number of months worked. In addition, the month in which less than half of the days were worked is not taken into account.

M is defined as follows:

M=C/12*29.4, where

C is the employee’s total income for the calendar year that preceded the dismissal.

Payments to an employee upon dismissal of his own free will and for other reasons must be made on time. The legislator establishes a rule according to which the employer pays the employee compensation in the amount of at least 1/300 of the refinancing rate, which is established by the Central Bank of the Russian Federation on the day of accrual in the event that he did not pay the dismissed employee on time.

Compensation is calculated as follows:

K= C/100%*1/300*S*D, where

K-compensation;

C-refinancing rate;

S-sum owed by the employer to the employee;

D is the number of days of delay.

At the same time, the calculation of payments upon dismissal will not be affected by what remuneration system is used in the company: salary, piecework, hourly, daily or monthly tariff rates. However, all these systems still have their own characteristics when calculating. Therefore, the above formulas are applicable to the extent that they do not contradict the law and correspond to the remuneration system at the enterprise.

Deadline for settlement with a dismissed employee

Payment of money upon dismissal, in accordance with the provisions of Art. 140 of the Labor Code of the Russian Federation, is carried out on the last day of work of a citizen. But if the employee was absent from the workplace on the last day, then settlement with him is made no later than the day that follows the day the employee applied for payments. If the parties do not reach agreement on the final amount, then the employer is obliged to pay that part of the money that he does not dispute.

When an employee goes on vacation with subsequent dismissal, that is, he no longer intends to work at the enterprise, then the payday will be considered the last day before the vacation. The employer is obliged to issue the employee a work book and accrue all payments.

If an employee is on sick leave and decides to quit, then he has the right to write a statement on any day. The employer pays him on the last day of work, even if it falls on sick leave.

Difference between compensation and severance pay

Severance pay will not be related to salary, since its size is in no way related to the quality and duration of the employment relationship. Moreover, the benefit is not a compensation payment. A benefit is a monetary allowance that temporarily replaces wages or serves as a supplement to the basic income, or acts as assistance due to the lack of a source of income. Severance pay is paid only from the employer’s funds and in no case will be related to social payments that are provided at the expense of the state. Despite the common legal basis - dismissal, benefits and compensation, the circumstances of payments have different circumstances. In particular, if we are talking about compensation, then it is due to all employees, regardless of the reason for dismissal. For example, compensation for unused vacation will be paid to a citizen even if he was fired due to staff reduction or at his own request. But in order to receive severance pay, you need to get into certain legal situations, the list of which is established in the Labor Code of the Russian Federation. For example, dismissal due to the liquidation of the company or refusal to transfer to another location.

The second difference between compensation and benefits is that, as a rule, the amount of severance pay is established in the Labor Code of the Russian Federation - average monthly salary, etc.; but the amount of compensation for unused vacation has only a calculation formula, but the result may be different, since it is not known in advance for what period the employee did not take vacation, etc.

Thus, dismissal of an employee without payment of benefits is possible, but without compensation - in exceptional cases.

Amount of severance pay upon dismissal

The legislator, in Article 178 of the Labor Code of the Russian Federation, provided for the payment of severance pay to employees in a certain amount for certain cases of dismissal. In particular, these include the following:

1. Average earnings for 2 weeks:

• if a citizen refuses to transfer to another job that is assigned to him due to health reasons or if the employer does not have such a job;
• when conscripted into military or alternative civilian service;
• when reinstating an employee to the job he previously performed;
• if a citizen refuses to be transferred to another area if the employer moves there;
• when the terms of the contract change and the employee subsequently refuses to continue working under such conditions;
• when issuing an employee a conclusion from medical organization that he cannot continue to work;
• if a citizen is employed in seasonal work, but the employing organization was liquidated or there was a reduction in staff.

1. Average monthly earnings are paid in the following cases:

• liquidation of the enterprise;
• staff reduction;
• in case of violation of the order of detention employment contract on the part of the employer, if such violations do not allow further continuation of work.

For reference! Employees who work in organizations located in the Far North are treated the same as all other residents of the Russian Federation in matters of severance pay.

1. Three months' average earnings will be paid in the following cases:

• upon termination of an employment contract with the head of the company, his deputy, or the chief accountant due to the fact that the owner of the enterprise has changed;
• upon termination of an employment contract with the head of the organization by decision of the authorized body in the absence of guilty activities on his part.

Severance pay, the payment of which is provided for by the legislator (in the amounts established by the Labor Code of the Russian Federation), is not subject to personal income tax and other taxes. However, if a citizen pays alimony, then it is collected from the amount of the benefit.

An example of severance pay upon liquidation of an organization.

1. On the last working day, a citizen receives 1 average monthly salary. Moreover, the amount of payments does not depend on whether the employee gets a new job.
2. At the end of the 2nd month after dismissal, the employee can bring the employer a work book that does not contain a note about new employment and receive another average monthly salary.
3. At the end of the 3rd month, the benefit will be paid if two conditions are simultaneously met:

• the citizen, no later than 14 days after he resigned, registered with the employment service;
• They didn't find a job for him in 3 months.

Severance pay upon dismissal by agreement of the parties

The employee and employer have the right to sign an agreement that determines the conditions for terminating the employment relationship. In the document, the head of the company has the right to assign any amount of severance pay to the employee at his discretion.

Now let's look at this issue in more detail.

Let's start with the fact that the agreement by which the employment contract is terminated is not an integral part of it; That is why, if the text of the contract or the collective labor agreement does not indicate severance pay, the amount of which is determined by the employer, then taxes will be charged on this payment.

What to do?

1. Include in the text of the employment contract the wording according to which the employer has the right, when dismissing an employee, to assign him severance pay in any amount. If the contract has already been concluded, we draw up an additional agreement to it. In this case, the text of the document may indicate a specific amount of benefits (for example, 50,000 rubles) or its link to salary or other payments (for example, in the amount of 5 salaries).
2. Indicate the severance pay and its amount in the collective labor agreement.

We remind you once again that the payment should be called only severance pay and nothing else, since in judicial practice various names have been encountered, for example, compensation for dismissal by agreement of the parties, etc.

The final settlement with the employee upon his dismissal implies the payment of funds that are due to the latter for the entire period of his working activity. In this case, it is necessary to take into account the grounds for termination of the contract. After all, a citizen’s salary and other necessary payments will depend on this basis. In such a situation, the manager should not forget that full settlement with the resigning person must be made on the day when the employee last carries out his activities in this organization. Otherwise, the boss simply cannot avoid problems with the law.

Grounds

The final payment upon dismissal is made in all cases of termination of the employment contract. But the amount of money that the person will ultimately receive will depend only on the grounds on which the relationship between the employee and his boss is terminated. According to the provisions of Article 140 of the Labor Code, the manager must pay all funds due to the citizen on the last day of his work. And if it is impossible to carry out this procedure at the specified time, it must be done the next day when the employee made a demand for settlement with him. Otherwise, management may be in big trouble if a person seeks protection of violated rights in court.

It can be terminated both at the request of the employer and on the initiative of the citizen himself, as well as for reasons beyond their control. In addition, the desire to terminate the employment agreement is often mutual. In the latter case, the final payment under the contract can be made not only on the final day of the person’s work, but also after this moment.

Types of payments

Regardless of the reasons for termination of the employment contract, a final settlement is required. Mandatory payments include:

• employee salary;
• compensation for vacation that was not used;
• severance pay upon termination of the relationship between the parties to the agreement under clause 2, part 1

Additional types of monetary support include: dismissal benefits by agreement of the two parties, as well as other types of material compensation established by the collective agreement.

Procedure for issuance and retention

It is understood that all monies due must be paid to the employee. At the same time, some of them can sometimes be withheld. In a specific case, we are talking about vacation pay when an employee is dismissed for the rest that he took, but the period of work was not fully worked out, and the citizen decided to terminate his relationship with this organization and wrote a letter of resignation.

But there is one more important nuance. Money for used vacation will not be withheld by the employer from a person’s salary upon his dismissal only if his departure from work is due to staff reduction or liquidation of the organization. In this case, the employee will also have the right to severance pay in the amount of average income for two months, and if he did not get a job, then for the third month. The final payment upon dismissal of a citizen occurs on the last day of his work activity. And he is paid: salary, compensation for unspent vacation, severance pay, if applicable.

Vacation pay calculation

The enterprise from which the employee is leaving, in mandatory must pay him compensation for vacation that was not used during the entire period of work. In the case where a person has not been there for several years, the amount of payments is accordingly made for all this time. If a citizen terminates his employment relationship with an organization on his own initiative, and the period of work is not completely completed, then in this case deductions are made from his salary for the vacation used. In this case, the accounting department will have to calculate the exact number of days or months of work of the person.

The amount of vacation pay upon dismissal is calculated as follows:

1. The number of days of annual paid leave is taken, for example 28. Then it is divided by the number of months in the year, i.e. 12. Then the resulting number (2.33) is multiplied by the number of months worked in the working period, for example 4.
2. If you multiply 2.33 by 4, you get 9.32 unused vacation days. This number is then multiplied by daily earnings, for example 900 rubles. It turns out 8388 rubles. This is the money that a person is entitled to as compensation for unused vacation. Personal income tax will be withheld from the same amount - 13%.

The final payment to the employee should not be delayed by the boss. It must be done on time, regardless of which of the grounds specified in the Labor Code the citizen is dismissed from.

Rules for calculation upon termination of an employment contract

All payments due to the employee must be received on the final day of his work at this enterprise. In the event that the manager does not make the final payment at the specified time, he will bear administrative responsibility. In this case, the citizen must receive not only compensatory payments, but also the salary itself during work.

For each day of delay in payments, the manager pays a fine in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation. In addition, if the amount of the final settlement when paying severance pay is more than three times the employee’s earnings, then personal income tax in the amount of 13% will have to be paid on this monetary allowance. Tax is also withheld when paying vacation pay.

Care on your own initiative

The final payment upon dismissal of one's own free will must be made to the person on the last day of his employment duties, which includes:

• salary for the entire period of work;
• compensation for vacation or vacations if a person worked without annual rest for several years in a row.

An important fact should be noted here. If the vacation was used by a citizen, but the period of work was not fully completed, accordingly, upon termination of the contract at the request of the latter, the employer has the right to withhold previously paid funds from his money.

When it is impossible to make deductions for unworked vacation

In a number of cases provided for by law, deduction for vacation upon dismissal is not made. The following situations fall into this category:

1. Liquidation of the employer's organization.
2. Staff reduction.
3. Termination of an employment contract when a citizen is unable to perform duties due to illness.
4. Conscription into the army.
5. With a complete loss of previous working ability.
6. Reinstatement to previous position by court decision.
7. Termination of an employment contract upon the occurrence of circumstances beyond the control of the parties.

In any of the above cases of dismissal of a person, the boss must make a final settlement with him on the last day of his work and pay all funds due by law. Otherwise, the person has every right to defend his interests in the prosecutor’s office and the judiciary.

its calculation and size

In a situation where the employer initiates the termination of the employment relationship, the citizen has the right in a number of cases to receive compensatory benefits. It is also called a day off. In this case, the amount of this payment can be in the amount of two weeks or one month’s earnings. Cash allowance in the amount of the employee’s salary for two weeks can be in the following cases:

1. If a person’s health condition does not allow him to continue working in this organization. Or when he refuses to move to another position, and the boss has nothing more to offer him.
2. In case of complete loss of a citizen’s ability to work.
3. If the terms of the employment contract change.
4. When a person is called up for military or alternative service.

In the amount of monthly earnings, the benefit is paid:

• upon termination of an employment contract due to layoffs;
• in case of liquidation of the organization.

Other circumstances may also be established when such benefits are issued to an employee. However, payment of the final payment upon dismissal, including compensatory benefits, must be made on the last day of the person’s work activity. In addition, when calculating this type of compensation, it is necessary to take into account the payment of taxes if the amount of monetary compensation exceeds the employee’s salary three times. Otherwise, personal income tax is not paid.

Example of final calculation

An employee who terminates his employment relationship with a specific organization has the right to receive earned money and other compensation if the grounds for dismissal allow this. Consider the following example.

Employee Ivanov leaves the company of his own free will. Naturally, in this case he does not receive severance pay and does not receive average earnings for the third month before employment. But he has the right to payment of earned money for the entire time and compensation for vacation. The final payment to the employee in this situation will be made according to the T-61 form. to be filled in upon termination of the employment relationship.

Ivanov wrote a statement in April and resigned on the 19th. Accordingly, he should be calculated and given remuneration for work from 1 to 18 inclusive. If his average salary is 20,000/22 working days (this is the number of them in April), the resulting amount per day is 909.09 rubles. It is multiplied by the number of days worked in the month of dismissal - 18. As a result, the amount comes out to 16363.22 - Ivanov’s salary for April. In addition, the organization first pays tax on this money, and then accountants issue the final payment to the citizen.

Since the person quits in April, but he only has scheduled vacation in June, and he did not use it, he is entitled to compensation. The calculation occurs in the following order:

Ivanov worked this year for 3 months and 18 days. But the count will be 4 full. Rounding to tenths and hundredths is not done, so the amount is calculated from 28 days of vacation/12 months a year = 2.33 days. After which 2.33*4 (months worked)=9.32 days. And only then 9.32*909.9 (daily earnings) = 8480.26 (vacation compensation).

Thus, the final payment is made from all amounts due to the employee. But in this case, this is only a salary and cash payment for vacation, because Ivanov quits on his own initiative. If he were laid off or fired due to liquidation, he would also receive severance pay, which is also paid with all funds (based on Article 140 of the Labor Code of the Russian Federation).

Arbitrage practice

Currently, many former employees are turning to court to protect their rights, which they believe were violated by the manager upon dismissal. Especially if the issue concerns cash payments that were not issued to the employee in a timely manner and in the required amount. In practice, there are even cases when employers, making payments to a citizen, made deductions from his income for vacation that was previously used. And this ultimately led to lawsuits and complaints.

Let's give a colorful example from practice. The employee was dismissed from the organization due to staff reduction. The boss paid him in full, but when paying the money, he made deductions for the vacation, which the citizen had already used in June. In addition, the dismissal procedure for layoffs was violated by the employer in that he did not offer available vacancies to the employee. But at the same time, he accepted other persons into vacant positions, which is prohibited when carrying out measures for dismissal on such grounds. Having counted his earned money and discovered violations of labor legislation, the former employee applied to the judicial authority with an application for reinstatement at work and payment for forced absenteeism, which occurred through the fault of his boss.

Having considered all the materials of the case, the court came to the conclusion: the employer carried out the layoff procedure without complying with the labor code. In addition, he made a completely incorrect calculation with the employee. He simply failed to make the final payment upon dismissal (2016). He grossly violated the norms of the labor code, in connection with which the citizen was reinstated in his position, and the employer paid him moral damages and compensation for the vacation used, which he had previously illegally withheld. That is why managers need to be especially careful when paying employees and avoid violations on their part, so as not to later prove their case in the courts.

Is there a payment due upon dismissal? Are there any deadlines within which the employer must meet when solving the task? These questions are of interest to anyone who plans to leave their work position. After all, money disputes arise between employers and their subordinates quite often. Therefore, you should pay attention to the calculation at the time of dismissal. Maybe the employer does not owe anything to the employees? In Russia, the procedure for assigning payments is established by the Labor Code. What does it say? What features should every employee know about before leaving?

Should I pay?

Is there a payment upon dismissal? Are the deadlines for this process established at the legislative level? Should an employer pay its subordinates at all?

At the moment, there are laws in Russia according to which every boss is obliged to pay his employees. He pays for every day employees work. And this is a mandatory measure. Otherwise, the dismissal process can be called broken. Accordingly, subordinates have the right to file complaints against the actions of their employers.

Art. 140 of the Labor Code of the Russian Federation provides for certain deadlines that the employer must meet. If the boss does not take care of this, he faces a fine of one size or another.

What do they pay for?

What is payable upon dismissal? The timing of this action is a completely different question. First, each employee must become familiar with what they are entitled to money for. After all, not everyone is aware of this issue. Some citizens do not even know that the employer is obliged to make payments during the termination of the employment relationship!

At the moment, it is possible to request (or recover) funds from the employer for several periods. Among them are:

• worked on official days off;
• all days worked until acceptance;
• for unused vacation.

Accordingly, funds can be recovered for all of the above periods. And every employee can demand them. Typically, employers independently pay their subordinates. The main thing is to check the accuracy of the accruals.

Upon dismissal

When is severance pay due? The timing of this action is established at the legislative level. The point is that it is enough to read the Labor Code to find the answer.

Now in Russia, every employer is obliged to pay his subordinates on the day of dismissal. It is precisely when the employee is directly removed from performing job responsibilities. Neither earlier nor later.

Accordingly, by the time of dismissal, the employer must prepare all the documents necessary for the calculation. And along with the work book, the subordinate receives the money due to him. Delay in payment is punishable by a fine. And reimbursement of the full amount to the employee with whom the settlement was supposed to take place.

With absence

Sometimes it happens that the employee is not at work at the time of termination of the employment relationship. And then, as you might guess, the employer cannot make the calculation according to all the rules. Art. 140 of the Labor Code of the Russian Federation provides for a certain algorithm of behavior in this situation.

The point is that the payment must still be made. But in this situation, it will have to be carried out directly at the request of the dismissed employee. He writes a statement of the established form for the calculation. Next comes the payment. This can be done no later than one day after submitting the relevant request.

In other words, if an employee did not work on the day of dismissal, he must apply for a settlement, but this must be done by writing a statement. Funds can be received either on the same day or the next day. And nothing more.

On holiday

What else should an employer pay attention to? When is severance pay paid? Deadlines may vary. It has already been said that a lot depends on the situation.

Sometimes an employee is fired (or he himself writes in advance while on vacation. In this situation, the calculation is not made immediately. In fact, at the time of dismissal, the citizen will not be at work. Then you will have to wait for the subordinate to return from vacation. And at that moment, make the calculation.

Usually employees come to collect money themselves. But if this does not happen, you will have to wait until the employee writes the appropriate application for payment.

Controversy

It is not always the case that the employer and subordinate resolve all issues without any problems. It happens that some disputes arise about what calculation is due upon dismissal. The payment terms (the Labor Code of the Russian Federation establishes a clear framework for this) of funds is one day. This means that either at the time of the application the employer must pay the subordinate, or the next day after writing the application for payment of the settlement. What if disputes arise?

Everything is very simple. The amount that is not in dispute is paid on the day of dismissal. That is, the one with which the boss agrees. But the balance must be paid at the time of settlement of the dispute, after the employer has carried out an accurate data check and established how much money is actually due to the dismissed subordinate.

In case of delay

Labor legislation in Russia indicates that a delay in payment of compensation upon dismissal is possible. But only in this situation the employer is obliged to cover the entire delay with additional payments. How much will you have to pay?

The exact amount cannot be stated. The thing is that it depends on many factors. For example, from total amount debt. And on the duration of the delay. But at the legislative level certain payment conditions are established.

The penalty for delaying payment of settlement upon dismissal is 1/300 of the Central Bank refinancing rate. This is exactly how much of the entire debt amount will have to be paid per day of delay. The countdown will begin the day after non-payment of funds. And it will end on the day the payment is received.

This rule always applies in all cases. In other words, it does not matter whether the employer was at fault for the delays or not. You will still have to pay for the delay in accordance with the provisions established in Russian Federation rules.

Serious penalties for late payments

In Russia, an employer may be subject to more serious liability for failure to pay employees. The point is that the boss must pay the required funds with all interest to the subordinate no later than 3 months. This is exactly the period given for payment without additional large fines (only with a penalty, which is 1/300 of the refinancing rate for each overdue day).

But Article 145.1 of the Criminal Code of the Russian Federation states that if an employer has not paid the full amount of money to his subordinates for more than 3 months, he will face serious liability. The first scenario is the imposition of a fine. Its size is up to 120,000 rubles. Also, the penalty payment can be calculated based on the annual income of the offender. Or there is a risk of being imprisoned for 12 months.

Vacation and dismissal

The next question that interests many is the calculation of payment for unused vacation upon dismissal. As has already been said, they must pay for it too. This process involves many nuances. And everyone should pay attention to them.

The first rule is that if the employee did not go on vacation at all over the last year, then funds are accrued for all 28 days of paid legal rest. Plus, days worked by agreement with the employer that are holidays are added here (in order to receive an additional day off upon request). If the vacation has been used to one degree or another, then the calculation will be made in direct proportion to the time worked.

How to calculate compensation for unused vacation? First, you need to find out the employee's average salary per day. And then correctly calculate how many days of vacation you need to pay. If an employee has worked for the company for at least a year, but never went on vacation, as already mentioned, he is required to pay for all 28 days. Otherwise, you will have to make calculations using the following system (it is better to consider it with an example).

The subordinate has 28 days of paid legal rest. How to calculate compensation for unused vacation? Let’s assume that a person quits on his own after working for 8 months from the date of employment. In this case, the days for which compensation is due will be equal to: 28*8/12=18.67 days. Next, the resulting figure is multiplied by the employee’s average salary per day. And this money must be paid upon the dismissal of a subordinate.

By the way, in Russia there is no provision for the absence of paid leave. Employees cannot work without it for more than 2 years. If a subordinate intends to do this, it is necessary to force him to retire. And if a person quits after 24 months of work, then he will receive payment for 56 days of paid leave. In fact, understanding how many days to pay is not as difficult as it seems.

The rules for calculating the days that the employer will have to pay can be divided into several steps. The first is to divide the total number of vacation days by 12. The second is to multiply the resulting amount by the number of months worked in a year.

Request for settlement

It has already been said that it is not always possible to settle accounts with subordinates on the day of termination of the employment relationship. Then you will have to ask the employee for payment upon dismissal. The sample of this document cannot be called template. After all, it is usually written in free form. The requirement might look like this:

I, Ivan Ivanovich Ivanov, an employee of Miralinks LLC, working as a senior manager since 2012, ask my employer, Petr Petrovich Sidorov, to make a settlement with me due to my dismissal. It took place on March 5, 2016.

At the very end there is a date and signature. Nothing else special is required. An employee can describe the reason for his absence from work on the day of dismissal. And nothing more. After writing this document and submitting the request to the employer, the latter will have to provide everything that is necessary for the calculation.

We take the money

Now it is clear what deadlines a boss must meet when dismissing his employees. The dismissal process can be reduced to the fact that after acceptance an order is issued. On the day it comes into force, the employee comes to the employer, who issues him a special pay slip, as well as a work book. With the piece of paper you need to go to the accounting department and receive cash.

This is payment upon dismissal. The duration of this action is short - upon request on the day of dismissal. Or the next day after writing an application for payment of funds. As soon as employment history and the payment is received, the employee puts his signature in special accounting journals. And that’s it, the dismissal process is over.

When an employee is dismissed (regardless of the reason for dismissal), the employer is obliged to make a final settlement with this employee, that is, he must pay all amounts due to the employee (unpaid wages, ...).

Payment after dismissal: terms

Labor legislation establishes clear deadlines for calculations upon dismissal. Thus, payment of all amounts is made on the day of dismissal (Article 140 of the Labor Code of the Russian Federation).

Let us remind you that, as a general rule, the day of dismissal is considered the last day of work of the employee.

Calculation upon dismissal: payment terms if the employee was absent on the last day of work

If an employee, for example, was on vacation or sick, that is, absent on the last day of work, and the organization’s salary is paid in cash, then the employer must make a payment upon dismissal no later than the day following the day when the employee applied for payment (Article 140 Tax Code of the Russian Federation).

Calculation of an employee upon dismissal: payment deadlines violated by the employer

An employer who has violated the payment deadline when dismissing an employee must pay the latter compensation for the delay in payments in the amount of no less than 1/150 of the Central Bank key rate in effect during the period of delay (Article 236 of the Labor Code of the Russian Federation). Compensation is calculated for each day of delay, starting from the day following the day when the employer was supposed to make payment upon dismissal, up to and including the day of actual payment.

What else does the employer face if he does not make a payment on the day of dismissal?

If the employer violates the deadline for issuing a dismissal payment, and the employee complains about it to the labor inspectorate, then the employer faces a fine in the amount of (Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

If an employee writes a letter of resignation of his own free will, the employer has no choice but to fulfill his requirements and dismiss him in accordance with the law - comply with the deadlines, order and give everything in hand.

This is the delivery to the employee on the last day of work of all the funds he is entitled to according to the law.

The total amount of payments issued to the employee is made up of several components - wages and compensation. Severance pay is not provided in this case, since its payment occurs only at the initiative of the employer and without dismissal under the article.

As for compensation, it is due only for vacation days not taken, but it should be remembered that if the employee did not go on vacation for several years in a row, the period for the last 2 years is subject to compensation, and for the remaining unclaimed amounts will be lost.

Important: payments must be made no later than the last working day, that is, the day the employee is dismissed.

How an employee is dismissed at his own request and what payments he is entitled to - see here:

The legislative framework

The dismissal of one's own free will is indicated in Art. 77 of the Labor Code of the Russian Federation for any reason.

Art. 80 of the Labor Code of the Russian Federation gives the opportunity to rehabilitate the hasty employee and withdraw the application within 2 weeks, while in accordance with Art. 64 of the Labor Code of the Russian Federation, in the case of an existing candidate for this position, the request to withdraw the application will be rejected.

According to Art. 127 of the Labor Code of the Russian Federation, an employee has the right to leave before dismissal instead of compensation, after which dismissal will occur without working off. Important: full calculation is carried out in accordance with Art. 140 Labor Code of the Russian Federation.

Labor Code of the Russian Federation Article 140. Calculation terms upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

Registration of dismissal at your own request

Such dismissal, when an employee shows initiative and intends to leave, consists of several stages, each of which should be strictly followed by both parties:

1. Solution. If an employee has decided to resign, he does not need to explain anything to the employer or even give reasons, he just needs to write. It is drawn up in free form, indicating the basic data relevant to the case, namely the date of dismissal, details of the organization, full name of the employer and your own.

The application should be submitted to the HR department or directly to superiors; if the employee has doubts about the consideration of the application, the document should be endorsed by the secretary or sent by a valuable letter with an inventory.

1. Duration 2 weeks. This period is called by different names; according to the law, there is no working period, but you are supposed to submit an application 2 weeks before dismissal, this time is necessary to replace the employee.

In this case, one should take into account the likelihood of the application being withdrawn, for example, the employee’s personal circumstances have changed or he was on an emotional high when he wrote the application. you will learn how to draw up a letter of resignation by agreement of the parties.

Important: the possibility of withdrawal does exist within a period of 2 weeks, taking into account the following nuances:

• If vacation was provided before dismissal, then the decision on recall must be made before the start of the vacation;
• If there is already a candidate for this position, the recall may be refused, since according to the law it is unacceptable to refuse a new employee.

The review has the same form as a letter of resignation. Work off is not mandatory, since not only can the parties amicably agree to separate without it, but there are also categories of people who are not entitled to work off.

1. Preparing for dismissal. If the decision is firm, then the manager issues an order, fills out the pay slip, the employee’s personal card, and labor card, and on the day of dismissal, hands over everything along with the calculation. The calculation includes salary and compensation, and there may also be other payments provided for by internal regulations.

As you can see, the period of dismissal can vary from one day to several weeks, or even a month, if the employee initially decided to take a break.

There are several more articles that are permissible for use when dismissing, namely, if an employee is forcibly forced to leave of his own free will, when there is an initiative of the employer, then Art. 391, 394, 395 of the Labor Code of the Russian Federation, while in accordance with Art. 393 of the Labor Code of the Russian Federation, all payments for legal costs are made by the employer.

Labor Code of the Russian Federation Article 393. Exemption of employees from legal costs

When filing a claim in court for claims arising from labor relations, including regarding non-fulfillment or improper fulfillment of the terms of the employment contract, which are of a civil nature, employees are exempt from paying fees and legal costs.

Dismissal during the probationary period

Strictly speaking, this case is no different from a standard dismissal, only the period required for notice is 3 days.

This means that dismissal and receipt of payments with documents must be completed within a three-day period.

Regarding money, the employee has the right to the same compensation as others; he is entitled to payment of earned money and compensation for vacation if he has worked more than 15 days.

What funds are entitled to an employee?

Upon leaving, an employee has the right to receive:

• Wages for those days of the last month that were worked;
• He also has the right to vacation compensation, but only recently, with the accumulation of several unused periods, it is not possible to receive compensation for all of them;
• Among other things, if an employee had the misfortune of falling ill before the day of dismissal, then he has the right to sick pay even after dismissal within 30 calendar days. By what rules it is carried out - read the publication at the link.

Calculation examples

When an employee has not used a single day of vacation during the last working year, he has the right to receive compensation in full.

The calculation should take into account the number of unused days and how many overall the employee is entitled to in a given year.

Find out what payments are due upon dismissal due to staff reduction.

With a full year of work, the employee has the right to vacation in the amount of 28 days, which means 2,389.08 * 28 = 66,894.24 rubles, he is entitled to compensation, this is if the vacation is standard and not extended and there are no additional accruals.

In addition, this employee has the right to receive a salary, presumably he worked 16 days in the last month out of the required ones, then 16 * 3,333.33 = 53,333.28 rubles of salary for the last days are required.

It follows that without any additional payments and sick leave, the employee has the right to receive 66,694.24 + 53,333.28 = 120,057.52 rubles when calculating.

3,333.33 rubles is the average daily earnings, based on the following calculation: 70,000/21.

Payment terms

This clause is stipulated by the articles of the Labor Code; payment is mandatory on the day of dismissal; if the employee is not at the enterprise on that day, it is permissible to make it the next day.

If an employee is dissatisfied with certain points, it is necessary to pay those funds regarding which he agrees, and those disputed by reaching a compromise or by a court decision, which is not the best option resolving the issue.

Conclusion

Receiving full severance payments is a right, not an opportunity, of the employee and must be respected by both parties.

You will find out what payments employees are entitled to upon dismissal in this video: