After dismissal when payment. What is the time frame for calculations upon dismissal? Calculation of pay upon dismissal

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 end 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 company from which the employee is resigning must necessarily pay him compensation for vacation that was not used during the entire period of employment. 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 by the latter on the final day of his work at this enterprise. If 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 at one's own request 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 an 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 laws, the former employee applied to the judicial authority with an application for reinstatement at work and payment for forced absence, 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.

– one of the most common and simplest forms of termination of employment relations for an employer. The organization or enterprise must pay the employee in full: he must pay the remaining wages for days already worked, as well as compensation for unused vacation. In some cases, additional severance pay may be paid. The employer does not have the right to prevent the dismissal of an employee, but it must be carried out in accordance with all the rules. How is the calculation carried out when leaving at your own request?

Dismissal at the initiative of an employee begins with writing an application addressed to the employer. This statement indicates the reason for dismissal (the employee’s desire), the date of dismissal, the date the application was written, and the employee’s signature. However, there is one important condition. According to the general rules, the employee is obliged to notify the employer of the upcoming dismissal two weeks before stopping work. This period is necessary to find a new employee to fill the vacant position, and it begins from the moment of signing. This time is called working off: if the head of the organization is dismissed, it is 1 month, if fired during the probationary period - three days.

During the working period, the employee must continue to perform his job duties, and he will also receive wages for this period. If an employee simply does not show up or refuses to perform his duties, he may be fired not of his own free will, but under a completely different article, for example, for absenteeism or violation of internal regulations, which will make it difficult to hire in the future.

During the working period, no one can force an employee to be at the workplace if certain circumstances prevent this. He can go on official or regular paid leave. If a person resigns due to health reasons, the period of service may be reduced by agreement of the parties. In addition, service will not be required upon retirement.

After signing the application, it is transferred to the personnel department, after which an order must be drawn up and signed. It is drawn up according to standard form No. T-8, it contains a reference to Article 77 of the Labor Code and details of the application written by the employee.

The employee must familiarize himself with the dismissal order against signature; if this was not done for any reason, a special entry must be made in the document.

The procedure for settlement with an employee after dismissal

Application for resignation of one's own free will: sample

The final payment upon dismissal is always made on the last working day. The company must pay the former employee in full - both wages are paid for days worked and compensation for unused vacation. However, there are a few special points:

• There are situations when on the official day of dismissal an employee was not present at the workplace and could not receive a payment. In this case, he has the right to come for it on any day convenient for him and receive the money no later than on the day following the application.
• If the employee took time off, then a recalculation will be made when paying compensation. Compensation for unused vacation will be less; the deduction amount is calculated based on estimated vacation pay.
• You can resign at your own request during the period of paid leave. In this case, the initiative can only come from the employee himself; the employer cannot fire the employee before he returns from vacation. In this case, a statement is written in which a special wording is prescribed: “with subsequent dismissal” indicating the number.
• The last day of work in this position is considered to be the date indicated in the application. In this case, there is no need to recall the employee to work; the application can be submitted while on vacation.
• You can quit while on sick leave. In this case, too, the initiative must come only from the employee; the employer does not have the right to fire him on his own. The dismissal order is issued on the last working day, and at the same time the employee has the right to receive payment and pick up. If the employee cannot pick it up due to illness, he can receive it upon recovery, or the employer has the right to send it by mail. The order must contain a special note.

In the latter case, there is one more important detail. The employer is obliged not only to pay for the days actually worked, but also to pay disability benefits. the employee will be able to receive it on the day when the organization usually issues salaries.

What to do if the payment was not issued on time?

Often, employees of enterprises and private organizations are faced with an unpleasant situation: an application has been signed, a dismissal order has been drawn up, but the payment cannot be received in a timely manner. The accounting department can give a variety of reasons, but in the end the employee has to wait weeks for his money. How can you protect your rights under the law in this case? Article 80 of the Labor Code clearly states that the employer does not have the right to detain a former employee, regardless of any reason. Even if an important task was not completed, some work was not submitted, etc., the employee must receive a work book and payment on time. To restore justice, you must do the following:

1. If the payment was not issued on the required day, you must contact the HR department with a statement that the employee refuses to pick up the work book until he receives everything.
2. is drawn up in duplicate, and you need to make sure that it has been accepted. To do this, the secretary must put the organization’s seal, his signature, and indicate the time and date of reception on both copies.
3. From this moment on, it is considered that the employee cannot get a new job due to the fault of the previous employer. Art. 234 of the Labor Code of the Russian Federation states that the employer is obliged to compensate the employee for all lost earnings if, through his fault, the person was deprived of the opportunity to work officially. Compensation should be equal to the average salary for all days missed.

No employer would want to lose money unnecessarily, so most likely the company will try to settle the matter amicably and pay the employee what is due. If in this case they do not meet you halfway, you need to go to court. A statement, accepted according to all the rules, that the employee refuses to pick up the work book for good reasons, will be proof that you are right.

The court will not only recover the full amount for absenteeism from the former employer, but will also demand compensation for legal costs, and you can also demand compensation for moral damage.

Practice shows that as soon as people begin to fight for their rights, employers dramatically change their policies and strive to reach an agreement. This will allow you to avoid unnecessary conflicts and at the same time obtain the desired result within the period specified in the law. Even if simple negotiations do not produce results, you will be on your side, since you will be able to present evidence of the company violating your legal rights.

Any employee can resign at his own request, and the employer is obliged to fulfill his obligations to pay the salary and. It is important to immediately check that the work book is filled out correctly, because errors in it can play a negative role even after many years. All labor relations with the employer are enshrined in law, and it is important to be able to fight for your rights so as not to suffer from injustice.

About payments to employees upon dismissal - more details in the thematic video:

The timing of settlements with an employee leaving the organization is discussed in Article 140 of the Labor Code of the Russian Federation.

Article 140 of the Labor Code of the Russian Federation. Payment 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.

What date is the deadline for issuing settlement bills?

As a general rule, the day of dismissal should be considered the date when the person was last present at the workplace. But in practice, it also happens that the last working day and the day of dismissal do not coincide.

Here are examples of date discrepancies:

Within what time and how should the money be paid?

Let's consider when the final one should be made, depending on the situation, but taking into account the requirements of current legislation.

When should the payment be given if the employee was absent on the last working day?

This situation is also discussed in Art. 140 Labor Code of the Russian Federation. It is indicated that the employer is given a day to make the calculation, but from the moment when the dismissed employee demands payment of funds. It turns out that after dismissal the employee himself must contact his former manager and demand that he make a settlement with him.

Read about what payments an employee is entitled to upon dismissal, and from there you will learn whether you can hope to receive a bonus after dismissal.

How to submit an application to receive payment?

This issue is not addressed in the legislation. It appears that It is best to submit a written application with approximately the following content:

“I, Ivan Vasilievich Petrov, was dismissed from Magnat LLC at my own request on April 18, 2018. On the day of dismissal, I was absent from the workplace due to a day off, I ask you to make a full payment to me within the time limits established by labor legislation.”

You must include the date the application was written and a signature.

If desired or necessary, the application can be submitted not in person, but by mail or through a representative.

However, the former employee of the organization himself is interested in the issue of receiving funds. Therefore, it is better to contact the company’s office yourself. Most likely, the money will be issued immediately.

What if an employee wants to quit while going on vacation?

The situation is more difficult to interpret if the employee goes on vacation with subsequent dismissal. On what day is the employee paid in this case?

Art. 140 of the Labor Code of the Russian Federation, as noted, says that the calculation must be made on the day of dismissal or, if the employee is not in his place on that day, no later than the day following the date the dismissed person applies for the payments due.

Thus, the following logical conclusions can be made:

1. If an employee is on vacation, his place of work must be retained.
2. Accordingly, the calculation must be made after the vacation ends.

These conclusions are erroneous. In fact, vacation time is not taken into account. This follows from the provisions of Art. Art. 84.1 and 127 Labor Code of the Russian Federation. Thus, the employee has the right to receive all payments due on the last working day. Or the next day after he contacted the employer for a settlement, if the employee, for one reason or another, was not present at the workplace on the date of dismissal.

Responsibility of the employer for delay in transfer

If the employer does not pay the money within the time limits specified in this article, then the employee can contact:

According to Art. 236 of the Labor Code of the Russian Federation, for late payments, interest is charged in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation, on the amount of debt and for each day of delay in payments. The entire amount must go into the employee’s pocket. But there is also responsibility to the state. In particular, the Code of Administrative Offenses of the Russian Federation contains Art. 5.27, according to which, for violating labor laws you can receive a fine of up to 50 thousand rubles.

The Criminal Code of the Russian Federation contains. If wages are not paid for several months, then the guilty person may even be sentenced to a real prison sentence (read about the specifics of paying wages upon dismissal, and from here you will learn how to appeal against illegal actions of management if wages were not paid upon dismissal) .

Thus, we can say that settlement with the dismissed employee must be made immediately or as soon as possible after a request for payment of money due was received from this employee.

Useful video

From the video you will learn what the payment terms for dismissal are. Advice from a lawyer:

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Payment upon dismissal is the employer’s obligation to pay the employee upon dismissal wages for all time worked and compensate for days of unused vacation. Sometimes severance pay is also required. How to properly complete the payment and what documents need to be handed over?

The calculation procedure for dismissal for any reason is regulated. In accordance with its requirements, the employer is obliged to give the employee all amounts and documents due to him on the last working day. The payment terms are directly regulated by labor legislation and can only change if the citizen did not work on the day of his dismissal (in this case, the corresponding amounts must be paid no later than the next day after the payment request is submitted). The full calculation should include:

• wage balances for actual days worked;
• amounts of vacation pay compensation for days of unused vacation;
• other compensation payments (depending on the reason for termination of the employment contract and its terms).

Let's look at each of these amounts in more detail and understand exactly how to calculate severance pay upon dismissal.

Wage

The salary of a dismissed employee is calculated and paid to him in accordance with the salary or tariff rate. It is not difficult to calculate the amount that a person actually earned. The main thing to remember is that you need to pay for all actually worked time from the beginning of the month, including the last working day.

Example:

The salary of accountant Vera Ivanovna Semenova, who decided to quit on May 23, is 32 thousand rubles. In May 2019, there were 18 working days, which means that Semenova actually worked 11 days. This is easy to calculate using a production calendar, which takes into account all holidays and weekends, as well as a working time sheet. Then a simple formula applies:

Daily earnings = salary divided by the number of working days and multiplied by the actual time worked.

So, Semenova’s salary for May will be 32,000 / 18 * 11 = 19,556 rubles. This is exactly the amount she should be credited, and it should be given in her hands after deducting personal income tax at a rate of 13%.

Obviously, calculating the amount to be paid for piecework or shift payment is even easier. In this case, the rate must simply be multiplied by the number of shifts worked or the volume of work performed. Such calculations are no different from the usual salary calculations that an accountant performs for all employees on a monthly basis.

Compensation for unused vacation

In addition to payment for days actually worked, the dismissed employee must receive compensation for unused vacation or, conversely, compensate the employer himself for a certain amount. Such a refund occurs when a person has already taken vacation for the current calendar year and then decides to quit. So, depending on the situation, vacation pay can be calculated as follows:

• if the working year is not completed and the vacation has not been taken off, then its days are calculated in proportion to the months worked;
• if compensation must be paid for previous years, then the calculation is carried out on the basis of 28 days of vacation per year;
• if the dismissal occurs before the end of the period for which the person has already received vacation, then the days can be calculated proportionally and the paid vacation pay can be withheld based on Article 137 of the Labor Code of the Russian Federation.

It is important to remember that the payment required by law in these situations should be calculated not based on actual earnings, but on the basis of average earnings for vacations in accordance with by Decree of the Government of the Russian Federation No. 922 of December 24, 2007(as amended on December 10, 2016). The online dismissal calculator on our website will help you figure out how to calculate vacation pay upon dismissal - with this you can calculate the amount of compensation.

As a general rule, the number of unused vacation days is determined by the formula:

Days for rest compensation = the product of the number of vacation days allotted to the employee for each month of work (on average 2.3 per month) by the number of months worked at one workplace, minus the days already taken off during this period.

According to the norms Article 115 of the Labor Code of the Russian Federation annual paid leave is provided to all Russian employed citizens for a duration of 28 calendar days per year of work. There are categories of citizens for whom additional paid time is legally established due to Article 116 of the Labor Code of the Russian Federation. These, in particular, include workers with a special nature of work, workers with irregular working hours, persons working in the Far North and equivalent areas, as well as other persons in cases expressly provided for by the Labor Code and other federal laws. For such categories of persons, the calculation formula does not change, but it should take into account not 28 calendar days, but the rest period assigned to a specific employee.

It is also important to take into account that there are specifics for calculating the number of months that a citizen has worked for a particular employer; these can be found in the rules approved NKT USSR 04/30/1930 N 169. For example, if less than half a month has passed from the beginning of the month to the date of dismissal, then this month must be excluded from the calculation, and if a person managed to work half or more, then this month is taken into account when calculating vacation pay as a whole month. That is, there is no need to divide vacation days for one month in proportion to days worked.

In addition, there are a number of categories of workers who earn their vacation not in calendar days, but in working days. These include, in particular:

• employees under a fixed-term employment contract for a period of 2 months, as defined in Article 291 of the Labor Code of the Russian Federation;
• seasonal workers due Article 295 of the Labor Code of the Russian Federation.

Upon dismissal, such citizens are also entitled to compensation for unused vacation, and the principle of its calculation does not differ from the main one, however, determining the number of unused vacation days is a little more difficult. This formula will help:

According to standards Article 217 of the Tax Code of the Russian Federation The amount of compensation for unused vacation is subject to personal income tax in full. The employer must transfer the withheld tax to the budget no later than the day following the day of payment to the employee.

Severance pay

In some cases, employers, in accordance with Article 178 of the Labor Code of the Russian Federation, must include severance pay in the calculation. It varies in size and depends on the reasons for termination of the employment contract and the category of employees. In particular, persons who were fired due to:

• inability to continue working due to health reasons;
• conscription for military or alternative civilian service;
• reinstatement of the employee who previously performed this work;
• a person’s refusal to transfer due to the organization’s relocation to another location.

In the amount of average monthly earnings, severance pay will have to be paid:

• upon dismissal due to liquidation of the organization;
• when reducing the number or staff of employees.

In addition, such employees have the right to receive compensation in the amount of average monthly earnings for the period of employment for a maximum of two months from the date of dismissal. However, these amounts are not included in the calculation upon dismissal, since they are paid later.

Calculation upon dismissal: payment terms and package of documents

• dismissal order;
• settlement note upon termination of an employment agreement (contract) with an employee;
• income certificate in form 2-NDFL for the current year.

A special place among these documents is occupied by the so-called dismissal note. It can be drawn up in any form, or you can use the unified form T-61, approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1. This form is quite easy to fill out; it consists of two pages:

Section 1. Title page, on which you should indicate all the data about the person, the period of his work, the date and reasons for dismissal. It might look like this:

Section 2. Calculation of vacation pay (reverse side). Here the entire period of work for which vacation was not used is calculated. Looks like that:

Section 3. Wages. And finally, the salary calculation is drawn up indicating all deductions:

Please note that the title page is signed by a human resources specialist, and the reverse side is signed by the accountant of the organization who made the calculation.

When should payment be made upon dismissal?

The employer must issue all documents and transfer the amounts due to the employee to the employee’s account on the day of dismissal. If the dismissal is accompanied by preliminary leave, payments must be made on the last working day before going on leave. This procedure is provided Article 140 of the Labor Code of the Russian Federation. If the employer fails to comply with this requirement, he may be held administratively liable for Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Its rules provide for the following fines:

• from 30 thousand to 50 thousand rubles - per legal entity-employer;
• from 10 thousand to 20 thousand rubles - for officials of the legal entity-employer;
• from 1 thousand to 5 thousand rubles - for individual entrepreneurs.

In addition, the employer will have to pay the dismissed citizen another compensation - for delayed payments. This is provided Article 236 of the Labor Code of the Russian Federation. The amount of such payment depends on the period of delay.

Any employed employee has the right to terminate the employment relationship at any time only on the basis of his own desire. The employer has no right to prevent him from doing this and is obliged to follow a certain procedure for dismissal.

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What it is

The calculation is understood as a monetary amount, which includes:

• wages for the last period worked;
• allowances and compensation payments due under the terms of labor and collective agreements;
• bonuses and other financial incentives;
• compensation for all unused days of annual rest.

Let's take a closer look at the last component. We are talking about paid leave, which is due to every employee of the company once a year.

The rest order is established by the vacation schedule, adherence to which is equally mandatory for all parties to the labor relationship. Accordingly, by the time of dismissal, the employee may not have time to rest.

In this case, instead of vacation, he receives a sum of money that is a multiple of the accumulated days of rest. In addition to those due in the current year, days not used previously are also compensated.

If the vacation was divided into parts, then only the unused balance is paid. A special feature of vacation compensation will be deduction from the calculated amount if the vacation was received in advance. Additional vacation days are also added to the calculation.

Statement

The process of dismissal at the request of the employee is initiated by his application. The form of this document is not strictly regulated.

However, it must contain an indication of the desire to terminate the existing employment contract, and to do this precisely at their own request. There is no need to indicate the reason for its occurrence.

Management has no right to prevent the dismissal of a valuable employee. However, you can significantly delay the process, for example, by “losing” your application.

To prevent this from happening, it makes sense to draw it up in two copies and submit it officially, through the secretary or office (general department). In this case, the first copy is endorsed and registered, and a mark is put on the second copy and it remains with the applicant.

Until the warning period has expired, the employee has the right to change his mind and withdraw his application. It is forbidden to obstruct him in this.

If, after the expiration of the officially allotted time, the document has not been revoked, on its basis an order is issued to terminate the employment relationship, that is, dismissal.

As a rule, one of the Unified forms of documents is used for this, namely T-8. The employee must familiarize himself with the order, which is certified by his signature. A copy can be issued along with other documents and payment.

How to make calculations upon dismissal of one's own free will in 2019 according to the Labor Code of the Russian Federation

The accounting department calculates all payments due to the employee based on the Working Time Sheet.

Only days on which the employee was actually in his place of employment are subject to payment.

A certificate of all accruals made in form 2-NDFL is issued along with the work book. Calculation of compensation for vacation is carried out according to the rules prescribed by Art. 139 Labor Code of the Russian Federation.

To do this, first determine the average daily salary. All payments received during the previous year are summed up and sequentially divided first by 12 and then by 29.3.

The resulting value is multiplied by the number of rest days not used before dismissal. Tax is also withheld from this amount. In a similar way, the average earnings are calculated for the periods when it was retained by the employee.

Order Calculation upon dismissal is carried out in the same manner as a regular salary payment.

In non-cash form, funds are transferred through the bank to the employee’s card.

If payment for labor in an organization occurs in the form of cash payments, then on the last working day the dismissed specialist receives a payment at the organization’s cash desk and signs about it in the statement.

Payment terms Salaries are usually paid twice a month on certain dates.

They are established by the employer independently or prescribed in a collective agreement. But the dismissal may not coincide with the appointed date.

Therefore, different rules apply for settlement payments. All payments are made on the day of dismissal. This is explicitly stated in Art. 140 Labor Code of the Russian Federation.

If on this day the employee is absent from his place for any reason, then he must receive the money no later than the next working day after submitting a request for payment.

When making cash payments to employees, compliance with this rule is important for the employer, since there is a risk of delaying payment and being punished for this.

Transferring wages to non-cash form has significantly simplified the task for organizations.

Working off

The law establishes obligations not only for the employer, but also for its employees. In particular, they are required to comply with the notice period for their upcoming dismissal.

This must be done no less than two weeks before the expected completion date of the work (Article 80 of the Labor Code of the Russian Federation). Or three days in advance, if the employee is still on a probationary period (Article 71 of the Labor Code of the Russian Federation). In colloquial speech, this period is mistakenly called working out.

Such a deferment is beneficial not so much to the management of the organization as to the employee himself. Until the two-week notice period has expired, the application can be withdrawn at any time.

Unless the management has already invited another specialist to fill the vacant vacancy, and in writing. Withdrawal of the application suspends the dismissal process and the employment relationship continues.

At the same time, the Labor Code does not prohibit dismissal from being processed earlier if both parties have reached such an agreement. But even in this case, the last day of work should be the day the work book is issued and full cash payment is made.

The manager cannot shorten the period of service on his own; the consent of the person being dismissed is required.

Another case where compliance with the two-week waiting period is not necessary is vacation with dismissal on its last day (Article 127 of the Labor Code of the Russian Federation).

However, in this case, the employee can change his decision only before the first day of vacation.

In addition, compensation for rest days will not be included in the calculation. Instead, as expected, vacation pay will be paid before the start of the vacation (Article 136 of the Labor Code of the Russian Federation).

Video: What the law says

Fines

Labor legislation establishes not only the employer’s obligation to make a full payment to the employee at the last work, but also liability for violation of deadlines.

According to Art. 236 of the Labor Code of the Russian Federation, an employer who delays payment, even for one day, is obliged to pay compensation for this. The employee has the right to receive it, regardless of whether the delay is the employer’s fault or not. The amount of mandatory compensation is not large.