calculation of severance

When dismissing an employee, the employer is obliged to make a final settlement with him. The employee must be paid all amounts due to him. Usually this is salary and compensation for unused vacation. Depending on the grounds for dismissal and conditions employment contract the employee can rely and severance pay.

Deadlines for final payment upon dismissal

By general rule, the employee must be paid on the day of his dismissal. If the employee did not work that day, the corresponding amounts must be paid no later than next day after he submits a demand for payment (Article 140 of the Labor Code of the Russian Federation).

However, the employee who is granted annual leave with subsequent dismissal, you need to calculate on the day before the start of the vacation, that is, on the last day of work. In this case, the day of dismissal will be the last day of vacation.

An employee can submit a letter of resignation while already on vacation or during a period of temporary incapacity for work. In this case, on the day of dismissal, even if it falls during vacation or illness, you need to accrue the amounts due to the employee and transfer them to his bank account. If an employee receives a salary at the employer's cash desk, accrued cash are issued if he arrives on the day of dismissal. If the employee does not show up for work, send him a notice of the need to obtain a work book and final payment.

Payment of bonuses upon dismissal of an employee

The bonus can be paid to the employee after his dismissal, and not on the last day of work.

Types of bonuses and conditions for their payment can be determined in labor and collective agreements, as well as in local regulations employer (for example, in the bonus regulations). In this case, the basis for paying the corresponding bonus is, as a rule, an order from the head of the organization...

In accordance with Art. 140 of the Labor Code of the Russian Federation upon dismissal, all amounts due to the employee from the employer must be paid on the day of dismissal of the employee. However, the payment of bonuses may be associated with the arrival of calendar deadlines, the achievement of certain indicators, or the employee working for a required period of time. Thus, if there are no grounds for unconditional payment of the bonus, it can be accrued and paid to the employee not on the day of dismissal, but later.

Payment of compensation for unused vacation upon dismissal

When making the final calculation, you first need to pay the employee’s salary. To do this, the employer calculates the number of days worked by the employee in a month. He must also be calculated the amount of overtime and payment for work on weekends and non-working days. holidays, if the employee was involved in these types of work in the billing month (Articles 152, 153 of the Labor Code of the Russian Federation). Salary upon dismissal is issued minus the advance payment already paid and personal income tax.

From the amounts to be paid, if necessary, the employer can make deductions subject to established restrictions (Article 137 of the Labor Code of the Russian Federation). The total amount of deductions cannot exceed 20 percent of the final settlement amount, and in cases provided for by law - 50 percent.

Most often, upon dismissal, funds are withheld in order to reimburse an unearned advance paid to the employee on wages, or to pay off the debt for days of annual leave that the employee did not work. But upon dismissal for certain reasons, payments for unworked vacation days are not withheld.

Upon dismissal, it is calculated by multiplying the employee’s average daily earnings by the number of unused vacation days. The average daily earnings for calculating compensation are calculated as follows. The amount of wages accrued over the last 12 calendar months is divided by 12 and 29.3 (monthly average calendar days). The average daily earnings for payment of vacations provided in working days, as well as for payment of compensation for unused vacations, are determined by dividing the amount of accrued wages by the number of working days according to the calendar of a six-day working week.

Payment of benefits upon dismissal

Upon dismissal for certain reasons, the employee is paid severance pay (Article 178 of the Labor Code of the Russian Federation). The law provides for the employer's obligation to pay such benefits in the amount of average monthly earnings upon dismissal in connection with the liquidation of the organization, reduction in the number or staff of employees, and in the amount of two weeks' average earnings - in case of dismissal for a number of other reasons.

Cases of payment of severance pay may be provided for in collective and labor agreements (subject to the restrictions established by Articles 181.1, 349.3 of the Labor Code of the Russian Federation). Severance pay, the amount of which does not exceed three months of the employee’s average earnings, is not subject to personal income tax.

Responsibility of the employer for violation of payment deadlines upon dismissal

For violation of the terms of payment of wages, the employer bears material, administrative and criminal liability. This also applies to the timing of payment upon dismissal.

Financial liability consists of the employer’s obligation to pay the employee the final settlement amount with interest (cash compensation) in the amount of not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation from amounts unpaid on time for each day of delay, starting from the next day after the established payment deadline until the actual day calculation inclusive.

The obligation to pay compensation for delay in payment upon dismissal arises from the employer, regardless of his guilt. Therefore, even if the employer does not have funds due to objective reasons (delay in transferring budget funds, etc.) or it is not possible to transfer money in a timely manner due to bank problems, this does not relieve the employer from financial liability.

Unlike material liability, administrative and criminal liability can only arise if the employer is at fault (Article 2.1 of the Code of Administrative Offenses of the Russian Federation, Article 14 of the Criminal Code of the Russian Federation).

Regardless of the reasons for which the employment contract is terminated, it is required to make a full settlement with the employee upon dismissal. Mandatory payments include: wages and compensation for unused vacation. The employee receives the right to other additional payments, depending on how the employment contract was terminated. In some cases, an employee is entitled to severance pay, compensation due to termination of an employment contract, and other optional payments.

How to properly settle payments with an employee upon dismissal

Let us consider in more detail the procedure for calculating the following compensations and payments that are due to an employee in the event of dismissal, as well as payments that must be withheld from the employee in favor of the enterprise (this also happens):

• compensation for vacation that was not used by the employee;
• deductions when calculating for vacation days not worked by the employee;
• severance pay;
• maintaining the employee’s average monthly earnings until he is hired for a new job;
• compensation provided for the dismissal of the head of the enterprise.

On the day of dismissal of the employee, all payments must be made to him, in accordance with Article 140 of the Labor Code of the Russian Federation. If the employee is unable to appear for the amounts of payments due to him, the enterprise must pay the appropriate sums of money employee, the next day after his dismissal.

The employer is obliged to compensate the employee for all unused vacations in the event of dismissal. At the same time, those payments subject to compensation must be taken into account in accordance with the number of days worked in this year. It should be taken into account that the company owes the employee compensation for unused vacation for all periods of his work. If an employee has not been on vacation for several years, he needs to be paid compensation for these several years.

If an employee has managed to use his paid annual leave, and leaves the company before the end of the calendar year in which he has already served on vacation, the company has every right to withhold from the payments due to the employee the amount for unworked vacation. To carry out such deductions, you should calculate how many days or months the employee actually worked in the current year.

When retention should not be carried out

In order to calculate deductions for vacation pay, not the calendar year is taken into account, but the working year, which is calculated from the moment the employment contract is concluded, and not from the beginning of the calendar year. It is impossible to deduct from an employee the amount of paid days of unworked vacation in the following cases:

• upon complete cessation of the enterprise or individual entrepreneur, its activities (liquidation);
• when an employee is dismissed for health reasons, when he cannot perform the functions assigned to him, but refuses to be transferred to another position;
• during contraction;
• if the head of the enterprise or accountant was fired due to a change of owner;
• in case of military conscription;
• at complete loss employee's ability to work;
• upon dismissal of an employee, in the event of reinstatement of the previous employee (by decision of the judicial authorities or labor inspectorate);
• upon the physical death of an employee or employer (if the employer is a private person), or in the event of recognition as missing;
• upon dismissal of an employee for reasons beyond the control of the parties to the labor relationship, due to force majeure.

Calculation of pay upon dismissal

So, if an employee is entitled to compensation for unused vacation, it is subject to accrual in favor of such an employee. The calculation is made based on the employee’s average daily earnings multiplied by the number of vacation days that he did not use. An employee’s average daily earnings are calculated in accordance with the Resolution “On the Peculiarities of the Procedure for Calculating Average Wages” by dividing the amount of the employee’s monthly earnings by the number of working days of the month. Not only the salary, but all allowances and bonuses due to the employee are taken into account, in accordance with this provision.

When calculating compensation for unused vacation, do not forget that this type payments are subject to mandatory taxation. Personal income tax is subject to payment on accrued amounts. You also need to deduct mandatory payments to funds from this amount.

The next stage of accruals is the calculation of severance pay.

Employees with whom the enterprise terminates an employment contract on its own initiative are entitled to severance pay. At the same time, settlement with the employee upon dismissal, in the form of payment of cash benefits, occurs either by paying him two weeks of average earnings, or average monthly earnings.

Only certain categories of employees are entitled to higher severance pay.

How severance pay is paid:

The benefit, which is equal to the employee’s two-week average earnings, is paid to him in the following situations:

• if the employee is contraindicated to work in this position due to health reasons, as confirmed by the medical board, but the employee does not want to move to another suitable position offered by the employer; or, the employer has nothing to offer such an employee at all;
• in case of involvement of an employee in military or alternative service;
• if the employee refuses to be transferred together with the employer and the team to another location;
• upon recovery former employee who worked at this place of work, but was dismissed illegally, about which there is a corresponding determination or decision;
• with complete loss of ability to work;
• the employee refuses to accept changes to the terms of the contract that occurred due to a change in the legal form of the enterprise.

A benefit equal to the employee’s average monthly earnings must be paid to him in the event of dismissal for the following reasons:

• upon complete liquidation of the enterprise where this employee works;
• when an employee is dismissed from his position due to staff reduction at the enterprise;
• if the rules and procedure for concluding an employment contract are violated, not through the fault of the employee.

Upon dismissal, the following categories of workers need to be compensated for three monthly salaries at once:

• the manager, his deputies, as well as the chief accountant of the enterprise, if the employment contract with them is terminated at the initiative of the enterprise, in connection with a change of owner;
• if the manager is removed from his work through no fault of his own (for example, due to bankruptcy of the enterprise).

Rules for calculation upon dismissal

In accordance with the requirements of the Labor Code, the employee should be given a full payment on the day of dismissal. If the employer for any reason does not make the payment on time, he will bear disciplinary and administrative liability. It is important to accrue and pay the employee not only compensation, but also the amount of payments for the time actually worked.

Moreover, if the company did not pay the resigned employee on time, for each day of delay in payments, the employer will have to pay a so-called fine for late payments. Its size is one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at the time of payments.

tax code establishes the obligation to make deductions for accrued compensation for unused vacation by the employee. But severance pay and the retained monthly earnings of a resigned employee should not be subject to personal income tax, single tax and contributions to social insurance and pension funds. This provision of the law is applicable only to those sums and benefits that are established by law and do not exceed their amount. If the amount of severance pay increases, for example, in the event of the dismissal of a top manager of a company, he will have to pay income tax on the amount that exceeds the established minimum.

Final payment upon dismissal

Let's look at specific example, how to correctly make final payments to an employee who terminates his employment relationship with the company.

Let’s say employee Efremov worked at the company, but wrote a letter of resignation due to at will. Thus, he is not entitled to severance pay and his average monthly earnings are not retained until he finds new job. But, he still needs to pay the amount of wages for the time actually worked, and compensation for unused annual leave. The settlement with such an employee must be drawn up according to a special procedure, in the T-61 form, that is, in the form of a settlement note, which is filled out upon dismissal.

If employee Efremov quit on the 19th, then he needs to be paid for the time worked from the 1st to the 18th inclusive. Based on the fact that Efremov’s average monthly salary at the enterprise is 20,000 rubles, the calculation of wages based on actual time worked is as follows:

20,000/22 (the number of working days in the month of April, since Efremov quits in April) = 909.09 rubles – Efremov’s daily earnings;

909.09X18 (number of days worked in the current month) = 16,363.62 rubles is Efremov’s salary for the time actually worked in April.

It should be noted that this amount is subject to tax and mandatory payments. Therefore, it is necessary to make all deductions provided for by law. And after that, pay the employee a salary.

Since Efremov quits in April, and his vacation is in July, that is, he did not use his annual paid leave, which he is entitled to by law. Therefore, he needs to calculate compensation for unused vacation. Since Efremov worked for 3 full months and 18 days, 4 months will be taken into account. That is, Efremov is entitled to 9 days of vacation. But when calculating monetary compensation, rounding to tenths and hundredths does not occur. We carry out the calculation using the following formula:

28 (number of days of annual paid leave)/12 (number of months in a year) = 2.33 days of leave for each month.

2.33X4 (number of months worked) = 9.32 days of vacation Efremov did not use.

9.32Х909.09 (Efremov’s daily earnings) = 8,472.72 rubles Efremov is entitled to as compensation for unused vacation.

An approximate calculation for dismissing an employee of Efremov looks like this. It should be noted that if he had been dismissed due to layoffs, or in connection with the liquidation of the enterprise, he would have been entitled to the additional payments mentioned above. But, since Efremov wanted to leave the company of his own free will, he does not receive additional compensation and payments (except in case of illness).

Labor relations between the employer and his subordinates are established by law. One of important points at any production activities is the conclusion of employment contracts and their termination. A person leaving his job can occur for many reasons. Today we’ll talk about the timing of calculations for voluntary dismissal.

What does it mean to resign on your own initiative?

Every citizen who has reached the age of late adolescence has the right to get a job and accordingly takes advantage of this opportunity to earn money. When mastering any profession, a person moves from a beginner to an experienced worker who has all the tricks and secrets of his trade.

But, as they say: “Fish looks for where it’s deeper, but man looks for where it’s better.” Therefore, quite often in search of a new high paying job we say goodbye to our old ones job responsibilities and learn new ones or simply move to another employer who agrees to pay more for our services.

All these conditions, and also unforeseen ones should not be excluded life circumstances(illness or moving to a new place of residence) lead to the person writing a letter of resignation on his own initiative.

How is dismissal on one’s own initiative legally established?

The basic rules for the dismissal of employees who made such a decision themselves are enshrined in Article 80 of the Code on labor relations. According to this article, the employee must notify his employer in writing of his dismissal two weeks in advance.

This period begins to count on the next day after the boss receives the letter of resignation.

If both parties to the labor relationship do not mind, then the agreement on labor activity may be terminated earlier.

Also, if the employee decides to remain in his position, he can withdraw the application until the period given for notice of dismissal expires. The citizen remains in his place if a new employee is not invited to this position. It should be remembered that a new employee must be invited to work in writing.

Despite the fact that this type of dismissal is regulated by Article 80, an entry in the work book is made on the basis of paragraph three of Article 77 of the Labor Relations Code.

In what cases does dismissal on an employee’s own initiative occur without two weeks of work?

An employee may leave his job duties on the day specified in the application in the following cases:

1. It is impossible to continue working due to retirement age or enrollment in educational institution, accredited to conduct educational activities.
2. Violation by employer collective agreement, employment contract or agreement, or other legislation in the field of labor relations.

When is the final payment made upon dismissal?

After the warning period has expired, the employee resigns and is considered dismissed.

The employer gives him a work book with a note of dismissal on his own initiative, other working documents specified in the employee’s application, and makes final payments to him upon dismissal.

If, after the expiration of the work period, the employment agreement is not terminated and the employee continues to perform his job duties, then the employment contract continues to be valid.

Who gets fired without a period of 2 weeks?

If the employee was recently hired for a position and is specified in his employment contract probation which has not yet expired, then his dismissal must be formalized within 3 days. Payment upon dismissal is also required to be issued on the day of dismissal.

Seasonal workers hired for temporary jobs are fired using the same principle.

What payments are included in the calculation of employees who quit on their own initiative?

If the employee decides to terminate the employment contract on his own initiative, then his calculation should include the following payments:

1. Calculation of unused vacation days upon dismissal (compensation for vacation that was not used by the employee).
2. All existing debt wages.
3. Payments for days worked in the month of dismissal.

You should carefully study the pay slip and make sure that wages are calculated correctly with the due bonus and allowances, and also, if this is not done, ask for vacation compensation.

If you have worked for many years without vacation and did not demand monetary compensation for it, then you should know that you will receive compensation only for the current and previous years. All other amounts are forfeited. At the same time, the employer is not obliged to remind his employees about this; they themselves must take care of payments for unused vacations.

Is severance pay paid?

This benefit is paid only during the staff reduction procedure. Therefore, those who quit on their own should not count on him.

It is also paid in the event of liquidation of the organization.

How is vacation pay calculated?

This compensation is paid if the employee did not use his regular regular vacation in the current year or used it, but not completely.

1. Let's find the number of days worked in a month: p working days of the month - days that were not attended by the employee for all reasons.
2. Let's determine the average daily earnings: payments for the calculation period/number of days worked in a month.
3. Let's calculate the compensation payment: all days worked in the month of dismissal x average daily earnings.

Deadlines for payment of compensation upon dismissal

The Labor Code of the Russian Federation, namely Article 140, stipulates that a resigning employee must receive all payments due to him on the day of dismissal.

It is generally accepted that the day a person last worked and the day he was fired are the same, but sometimes this is not the case. For example, if an employee works shifts every other day. The last shift was on April 13, and he quits on April 15. Thus, the last working day in the second spring month is the 13th, and the day of dismissal will be the 15th. This means that the calculation period for voluntary dismissal in this case falls on April 15.

Article 140 also mentions that if these two days do not coincide, the employee must submit a claim to the employer for his calculation. It is not clear whether it is spoken or written, since this is not specified in the law.

What are the consequences for an employer of non-payment of wages on the day of dismissal of an employee?

If the employee is not paid upon dismissal, then the law, namely Article 236 of the Labor Relations Code, stipulates that the employer must pay compensation for each day of delay. It is equal to 1/300 of the Central Bank refinancing rate Russian Federation which is currently in effect. The formula for calculating compensation is next view: Compensation = Refinancing rate / 100% x 1/300 x Amount of debt x Number of overdue days

For violation of the payment deadline when dismissing at one's own request, the employer faces administrative and criminal liability.

Responsibility for non-payment of wages upon dismissal

Delay in payment upon dismissal results in liability in the following cases:

1. If there were funds in the organization’s accounts, but the employer did not pay wages, but spent all the money on the purchase of new equipment or on paying off accounts payable.
2. If the delay lasts two months or more, the settlement amount has not been paid in full. If the debt is partial, then liability occurs after three months of delay.

Administrative and criminal liability for late payment of settlement?

Violation of the payment deadline for voluntary dismissal leads to the following consequences:

1. If the delay lasts two days, the employee has the right to demand compensation for this.
2. Also, small delays lead to administrative liability for the employer. In this case, penalties are imposed. The size of the fine depends on whose fault the delay in settlement occurred. If it's the manager's fault, how individual, then the fine will be up to 50,000 rubles if the organization is to blame, such as entity, then up to 100,000 rubles.
3. More long delays lead to criminal liability.

However, most often the employer or organization pays penalties, as this is more beneficial for the state.

Where can employees seek protection from unlawful actions of their employer?

In case of violation of the terms of payment upon dismissal on his own initiative, the employee has the right to seek help from the court, the prosecutor's office and the labor inspectorate.

To protect yourself, before contacting punitive authorities, you must file a claim with your employer. This is necessary so that your superiors do not declare that you yourself did not show up for payment.

The claim must indicate the day of dismissal, information about non-payment of wages and intentions to appeal to the justice authorities.

The claim must be written in duplicate and registered with the secretary. One copy with the incoming number is sent to the manager, and the other remains with the employee.

You must remember that the labor inspectorate has the right to consider your application within 30 days and should contact it no later than three months after receiving the dismissal order and the work book with a record of dismissal on your own initiative.

The court will accept your application if you apply no later than a month.

Payment of wages upon dismissalmay require the use of different formulas for settlements with the employee. Let's study them.

Payments upon dismissal: salary balance

The first type of payment upon dismissal is the remaining salary. The procedure for calculating it depends on the wage calculation scheme, which may look different.

With a commonly used time-based salary scheme, the calculation of wages upon dismissal will be calculated using the formula:

SALARY (BALANCE) = (OKL / RD) × OD) – DEBT,

OKL - monthly salary of the employee;

RD - the number of working days in the month for which the salary balance is calculated;

OD - the number of days worked but not paid, including the day of dismissal;

DEBT - existing debts of the employee to the employer (for example, for unpaid advances - on the basis of Article 137 of the Labor Code of the Russian Federation, but taking into account the restrictions established by Article 138 of the Labor Code of the Russian Federation).

The calculated balance must be paid on the day the person is dismissed (Article 140 of the Labor Code of the Russian Federation).

Let us note that among Russian employers it is common to use the unified form No. 61 for the purpose of documenting calculations of wages and other payments upon dismissal.

You can find out more about the use of this unified form in the article.

Payments upon dismissal: calculating the duration of unused vacation

In most cases, resigning employees still have unused days vacation. Their number is determined by the formula:

NDO = YEARS × 28 + 28 / 12 × MONTHS – HOLIDAYS,

NDO - compensation for unused vacation days;

YEARS - the number of full years of work in the company;

MONTHS - the number of months in partial years of work in the company;

LEAVE - the number of vacation days granted (compensated) at the time of dismissal.

Moreover, if a person has worked for a company for 11 full months from the date of signing the employment contract, then it is considered that he has worked for a full year (clause 28 of the Rules on Leave, approved by the People's Commissariat of Labor of the USSR dated April 30, 1930 No. 169).

If your work experience in the company does not exceed 11 months, then the 2nd part of the above formula is used to calculate the number of vacation days:

NDO = 28 / 12 × MONTHS – HOLIDAYS.

If the employee has worked for the company from 5.5 to 11 full months and his dismissal is due to:

• liquidation of the enterprise;
• staff reduction;
• reorganization, temporary suspension of work;
• conscription of an employee into the army;
• unsuitability for work,

then the NDO indicator, subject to the conditions specified in clause 28 of the Leave Rules, will be calculated according to the formula (letter of Rostrud dated 04.03.2013 No. 164-6-1):

NDO = 28 – HOLIDAYS.

Let us now consider how compensation for unused vacation is calculated.

Payment for unused vacation: calculation procedure

Vacation compensation is calculated using the formula:

PAYMENT (NDO) = NDO × SZ,

SZ - average daily earnings.

The SZ indicator is calculated using the formula:

SZ = VYP / OD,

VYP - all payments taken into account in the billing period (12 months or a shorter period, starting from the moment of concluding the employment contract and until the moment of going on vacation or dismissal) payments, not counting the exceptions established by paragraphs. 3 and 5 of the Russian Government Decree No. 922 dated December 24, 2007;

OD - the estimated number of days worked in the billing period.

The OA indicator is calculated using the formula:

OD = MES × 29.3 + ODNM / KDNM × 29.3,

MES - the number of complete months worked in the billing period;

ODNM - the number of days worked in partial months of labor activity in the billing period;

KDNM - the number of calendar days in partial months of labor activity.

Instead of receiving the compensation in question, the employee has the right to go on paid leave with subsequent dismissal (Article 127 of the Labor Code of the Russian Federation). In fact, the difference between compensation and paid leave comes down only to the timing of the employee receiving wages upon dismissal. For compensation, as in the case of payment of the remaining salary, this is the last day of work (Article 140 of the Labor Code of the Russian Federation), for vacation - 3 days before the vacation (Article 136 of the Labor Code of the Russian Federation).

Dismissal during vacations without pay: nuances

It is possible that the employee took leave without pay during the period of work - dismissal in this case can be compensated under special conditions.

The fact is that days of vacation at your own expense, starting from the 15th day of such vacation in the working year, are not included in the length of service used in determining the duration of vacation (Article 121 of the Labor Code of the Russian Federation). This means that with a sufficiently long vacation at your own expense, the indicators in the formulas we discussed above can change significantly.

For example, the YEARS indicator in the first formula for calculating the duration of compensated leave will be applied only if the person has worked for at least 1 working year (at least 11 months from the date of signing the employment contract). If a person worked exactly that much, but at the same time took 15 days of vacation at his own expense, then 1 month will not be taken into account. This will reduce the number of unused vacation days paid upon termination.

For example, an employee worked for 10 months, but took 16 days of unpaid leave. The number of days of unused vacation for calculating compensation upon dismissal will be 21 days (28 / 12 × 9).

Calculation of severance pay

Severance pay upon dismissal general case not paid. But the law provides for its registration in the following 4 situations.

1. When the benefit is paid in accordance with the agreement between the employer and the employee.

The amount of such benefit is determined in the agreement itself. At the same time, the employer has the opportunity to successfully challenge its too large amount, despite the preliminary consent to the payment (appeal ruling of the Moscow City Court dated February 18, 2014 No. 33-3069).

2. When benefits are assigned in the event of staff reduction or liquidation of an enterprise.

The amount of such benefit is 1 average monthly salary. This payment is supplemented by:

• another monthly salary if the person does not find a job within a month after dismissal;
• monthly earnings after 2 months after dismissal, if the person applied to the employment center (within 2 weeks after dismissal), but was not employed.

3. When the benefit is paid in the amount of 2 weeks' earnings, if the dismissal occurred due to the reasons mentioned in Art. 178 Labor Code of the Russian Federation. For example, due to:

• deterioration of the employee’s health;
• conscription into the army;
• return to work of the replaced employee;
• employee refusal to transfer when the employer moves to a remote area.

4. When benefits are provided in the amount of average monthly earnings in the event that a person is dismissed due to the employer’s violation of the rules for concluding an employment contract - in the manner prescribed by Art. 84 Labor Code of the Russian Federation.

Benefits are paid that can be calculated at the time of dismissal, along with the remaining salary and compensation for unused vacation. The second and third payments under redundancy benefits are made in agreement with the employee (based on the documents provided by him certifying the legality of receiving such payments).

Results

Upon dismissal, the employee is almost always paid the balance of his salary, in most cases - compensation for unused vacation, and in many cases - severance pay. The amounts available for calculation for each type of payment are transferred to the employee on the day of dismissal.

You can find out more about calculations upon dismissal in the following articles:

• ;

Article 140 of the Labor Code of the Russian Federation establishes the calculation period for the dismissal of an employee. The employer must issue a full payment to the employee for all payments due to him on the day of his dismissal. Accordingly, if the employee was at the workplace on the day of dismissal, this day is considered his last working day. Thus, it is implied that the employer cannot, at his own discretion, postpone the time of settlement with the employee to another date.

Payment upon dismissal

The legislator does not establish special deadlines for settlement with an employee, depending on the reason and wording of his dismissal. When an employee is dismissed, a full settlement is made with him. These payments include:

1. compensation for all vacations that the employee did not take during the entire period of work at this enterprise (including main and additional);
2. employee's salary for time worked;
3. in the case provided by law, the employee may be paid severance pay, as well as other types compensation payments provided by law for individual categories employees, or by decision of the owner.

All payments must be correctly calculated and issued to the employee on the day of his dismissal, along with the work book. If the company does not accept the form of cash payment and all types of payments are made on bank card or to the employee’s bank account, all transfers must be made to the employee on the day of his dismissal from the company.

If an employee leaves the company while on sick leave, or on vacation, or is absent from the workplace due to good reason on the day of his dismissal, the employer can make all payments due to him no later than the next day from the moment the employee declares this. This situation is possible when dismissal occurs at the request of the employee. After all, it is known that it is impossible to dismiss an employee at the initiative of the enterprise when he is on vacation or during his illness.

But again, in the case where the employee wishes to resign, and the date of his dismissal coincides with his being on sick leave, despite this, the employer must issue an order to dismiss this employee. The same number is used to make an entry in the work book about the employee’s dismissal. If an employee is on sick leave, then, accordingly, he cannot pick up his work book. At the written request of the employer, it is possible to give permission to the enterprise to send the work book to the employee by mail. Or, the employee can pick it up when he recovers and can personally come to the enterprise.

But the company is obliged to send a notice to an employee who is sick that an order has been issued to dismiss him, about the need to pick up his work record, and receive paychecks. This is important because it is the employer who is responsible for the untimely issuance of payment funds and a work book. Moreover, for a delay in making payments to a resigning employee, the enterprise or entrepreneur will have to pay a kind of interest to the employee, which, by its legal nature, is a penalty for the delay in making payments.

If the deadline for payment of compensation upon dismissal is violated

Failure to meet the deadline for issuing pay to an employee on the day of dismissal is quite common. However, this is not always a violation of the law. The Labor Service, in its clarification, calls on employers, regardless of the reason for the dismissal of employees, to make timely payments to them. Even if the employee is fired for absenteeism, or other guilty actions that led to the employee’s dismissal. And adhere to the standards prescribed in the Labor Code.

For violating the rules labor legislation, the employer bears double responsibility - administrative and financial to the employee. So, the employer bears the responsibility provided for by law if there is guilt on his part for late payments. For example, an employee resigns, but wishes to use his vacation before resigning. It is important to note that the day of dismissal should be indicated in the order and in the labor report, not the last day of actual work, but, as practitioners believe, the last day of vacation. But, all settlements with the employee must occur before his dismissal, that is, before his vacation.

Another common mistake of employers is to believe that an employee who leaves the company for his guilty actions, at the initiative of the employer, is not due any payments, or they can be detained arbitrarily. Do not forget that even in the event of dismissal of an employee who violated labor discipline, there are legally established payments that the employee must necessarily receive. And payments to the employee must be made in a timely manner. If such an employee goes to court, all responsibility will fall on the shoulders of the enterprise.

When an enterprise is liquidated and an employee resigns at the initiative of the employer, all settlements with him must be made on the day of his dismissal, and not on the day of liquidation of the enterprise. If an enterprise is liquidated through bankruptcy proceedings, then one of the first to receive payments are the employees with whom the enterprise has not final settlements for wages and other mandatory payments. Such calculations are considered:

1. compensation (for vacation that was not used, for material or moral damage, for injury in the workplace, and other harm to health caused by the fault of the enterprise);
2. wage;
3. severance pay.

These payments are mandatory and there is no legal grounds in order not to pay them.