Upon termination of labor relations with an employee, the company's management is obliged not only to give his work book, but also all the sums of money due to him by law. The deadline for issuing a calculation upon dismissal is established by the Labor Code of the Russian Federation.
Calculation upon dismissal, payment terms
Article 140 of the Labor Code of the Russian Federation determines when the payment should be made wages upon dismissal. The timing depends on whether the person was at the workplace on the last day or was absent, and whether the parties have disagreements about the amount of payment.
V common cases, when leaving work, the calculation is made strictly on the day of dismissal. In this case, the rule applies - if the date of dismissal falls on a weekend or holiday, then all due payments must be done on the last business day.
In addition, there are several nuances in which the date of the final settlement may differ from the date that is entered in the work book.
Terms of calculation upon dismissal, if the employee is absent
If on the day of dismissal the employee is absent from his workplace, then there are two ways to make the final payment:
- pay all the due amounts on the day of dismissal, provided that the employee receives wages to the current account, that is, by non-cash method and his personal presence is not required;
- in the event that the employee receives money in cash, the final payment is issued to him no later than the next day after he has expressed a desire to receive the amounts due to him.
That is, if the employee is absent, the date of issue does not have to coincide with the day of dismissal.
In this case, the employer should have a document justifying the postponement of the final settlement. This could be:
- Vacation order, business trip, etc.
In this case, the transfer will be legal.
Settlement after dismissal: terms of payment in the presence of disputed amounts
If the person being dismissed and the employer have disagreements about the salary amounts, then should the calculation be issued upon dismissal? What are the deadlines for the administration of the company to meet?
On this score, Art. 140 of the Labor Code of the Russian Federation there is an explanation: on the day of dismissal, only an amount is given to a person, on which there is no disagreement. All other funds are paid only when an agreement is reached between the parties or there is a court decision.
Such a transfer must also have documentary confirmation: all disagreements must be made in writing.
Leave followed by dismissal: settlement period
In case of dismissal of their own free will, which is preceded by the main vacation, you must use the letter of Rostrud dated 12.24.07 for No. 5277-6-1, which establishes that all settlements with a person must be made on the last day of work. There are two options here:
- the issue will be made on the day immediately preceding the first day of rest;
- the issue is made on the last working day if there are several days left before the start of the vacation, which will be days off or holidays.
Another point that often raises questions is the dismissal on the last day of the month. The settlement period in this situation cannot in any way affect the dates of payment of the final settlement, regardless of whether it will be included in the calculation of vacation pay or not.
At the end of the employment relationship between the employer and the employee, the legislator prescribes to issue the final payment on the day of dismissal. At the same time, the payment of the settlement upon dismissal, the timing and procedure, may vary, depending on various circumstances. All of them are stipulated in the legislation.
Upon dismissal of an employee (regardless of the reason for dismissal), the employer is obliged to make the final settlement with this employee, that is, he must pay all the amounts due to the employee (unreceived salary,.).
Calculation after dismissal: timing
Labor legislation clear deadlines have been established for the calculation of dismissal. So, the payment of all amounts is made on the day of dismissal (Article 140 of the Labor Code of the Russian Federation).
Recall that according to general rule the day of dismissal is the last day of the employee's work.
Settlement upon dismissal: payment terms, if the employee was absent on the last day of work
If the employee, for example, was on vacation or was ill, that is, was absent on the last day of work, and the salary in the organization is paid in cash, then the employer should not make a calculation upon dismissal later in the day next to the day when the employee applied for payment (Article 140 of the Tax Code of the Russian Federation).
Calculation of an employee upon dismissal: the terms of payment were violated by the employer
An employer who has violated the calculation period upon dismissal of an employee must pay the latter compensation for delayed payments in the amount of at least 1/150 of the Central Bank's 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 settle upon dismissal, to the day of actual settlement, inclusive.
What else threatens the employer if he did not make a payment on the day of dismissal
If the employer violated the deadline for issuing the calculation upon dismissal, 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).
In the case when a company or institution is terminated, it is necessary to calculate the earnings for the resigning person. Today, many are interested in how long they should calculate upon dismissal. It can be noted that in this case, payroll is required for the days in the month that he worked before leaving the post, as well as compensation deductions for the vacation that he used. Based on the grounds for dismissal, a person is entitled to various compensation payments or . At the same time, the average monthly salary can be saved.
Termination of Labor Relations - from the moment of the signed order
The basis for formalizing the dismissal is the Order, in accordance with which the employment agreement is terminated. Such a document is also the basis according to which you need to count everything that the employee relies on legal basis... The issuance of such an order is carried out in a specific form of reference personnel documents approved by Goskomstat (the so-called T - 8 a).
When an employee leaves, then all payments are finally calculated in strictly specific terms. They are defined in article 140 Labor Code and must be performed no later than the day the employee is dismissed. This is always the last day a person is present at work.
Although there are some exceptions: in particular, when the employee, in fact, did not show up for work. Although, according to the law, his position has been retained for him. In the case when the employee did not work on the last day, then payments must be made no later than next day immediately after a person makes demands to be fully settled.
Sometimes it happens that, officially, on the day of dismissal, a person is not present at his place and cannot pick up the payment. In this case, he can come for him when it is convenient for him and receive money no later than on the day that follows the appeal. If the management and the employee of the company or departmental institution do not agree on the amount to be paid in case of dismissal, then the employee can go with a complaint directly to the labor inspectorate and bring an appropriate claim in court.
If an employee who is dismissed at the initiative of the employer, before terminating contract of employment, went on sick leave or vacation, then listing all necessary compensation carried out to his account after the end of the vacation period or term.
Severance pay
After dismissal, severance pay is accrued
In accordance with the law in the case when terminated labor Relations, the person is paid severance pay. Its calculation is carried out in the amount of the average monthly. In addition, the average monthly salary is saved for the period of his subsequent employment.
As a rule, the terms of such payments are no more than 2 months from the date when the employee was dismissed. Their payment occurs in the following cases:
- reduction in the number of enterprise specialists;
- due to the liquidation of an organization or enterprise.
It should be borne in mind that the issuance of severance pay for the 1st month must be performed by the dismissed employee, regardless of his subsequent employment. The average salary in the 2nd month is paid to an employee only when he was not employed by the new management.
It turns out that in order for the former to be paid the average monthly salary for the period of his employment for the second month, he must prove that he still does not work. In particular, he can present his own work book. It should not be written there that he got another job.
There are also specific circumstances, according to which the average salary for employees is kept in the 3rd month. This is possible if the Citizens' Employment Service decides so. Moreover, the employee must register there no later than the 2-week dismissal period.
In the event that the labor exchange does not find work within a three-month period, then the person will retain the average earnings. In this case, in order to receive an average monthly salary, an employee must present a work book, and at the same time a certificate from the Employment Service directly to the management of the organization where he worked.
In addition, there is the possibility of receiving severance pay in the amount of two weeks' average earnings. This happens if the employment contract is terminated due to the fact that:
- the person does not agree with the transfer to another job;
- the employee is called;
- the person does not agree that he has been transferred to work in another area;
- the employee is found to be completely incapable of work activities according to the doctors' opinion;
- the employee does not want to continue working due to the fact that the conditions that were specified in the employment agreement have changed.
How earnings are calculated during dismissal
Recording in the Labor Office is a must!
If a person leaves, then the employer is obliged to issue him the following documentation on the last day:
- certificate (2 - personal income tax);
- certificate of salary in order to be able to calculate benefits.
In addition, if an employee applies in writing, with an application, then he is supposed to issue duplicate documents that are related to work: duplicate orders that he was accepted or dismissed, moved to a specific locality or to another; certificates of earnings, insurance premiums that are accrued and actually paid, and so on.
You can bring specific example, in what period should the quitting employee be calculated. Let's say he was fired on November 19, 2015 due to the fact that he was called up for military service. Based on this, the final salary is calculated.
- First, it is necessary to calculate the salary for an incomplete month. The monthly salary is 25 thousand rubles.
- November salary = monthly salary / number of shifts during work x number of shifts that have been worked.
- November salary = 25 thousand rubles. / 20 x 13 = 16 250 rubles.
- On the day of dismissal, the employee had 2 weeks of vacation, which he did not take advantage of, in connection with which he is entitled to compensation.
- Compensation = Salary for 12 months / (12 * 29.43) * number of vacation days.
- Compensation = 25 thousand rubles. / 29.43 x 14 = 11 945 rubles.
- Since the employee is called up for service, he is entitled to 2 weeks of severance pay, which is spelled out in the Labor Code.
- Severance pay= average daily wage x 10 job shifts. = 853x10 = 8532 rubles.
It should be borne in mind that severance pay is not subject to personal income tax.
Finally, the entire amount is calculated as follows = Salary + Vacation Compensation + Severance Pay - (Salary + Vacation Compensation) x 13 percent. As a result, on the day of dismissal, the employee will receive a calculation in the amount of 35,450 rubles.
Calculation of the deceased employee and payments in an increased amount
If the employer has not paid the settlement of the employee who quit by the day of death, then he must transfer the necessary funds:
- employee;
- the employee's dependents, whom he supported before he died.
The money is given, which is due to the deceased employee, after the documentation has been checked, which confirms the rights of the recipients. The enterprise or department transfers all the necessary compensation deductions within seven days from the moment the title papers are received.
Persons who are authorized by the employer to calculate the employee after dismissal should be aware that the amounts that are transferred to the account of the dismissed employee are not subject to personal income tax and deductions for social insurance contributions. This rule applies to all payments, if their size is not more than 3 average monthly salaries of a citizen.
There is also a category of premium payments. Here, persons who are obliged to transfer funds afterwards can receive amounts, more size three earnings, if this was established by an employment contract.
The authorized persons issuing the calculation carry out all the necessary calculations in advance. Accounting specialists calculate the average monthly salary of a dismissed employee. All funds paid to the employee must fully comply with the officially approved tariff parameters of payment. They are set taking into account the severity of the work performed by the employee and depending on qualification level... An increased amount of payment is made for the following groups of persons:
- workers employed in hazardous and harmful industries;
- employees working in special climatic zones;
- overtime workers;
- persons working on and off days, as well as at night.
How the calculations are carried out upon dismissal, you can find out from the video:
Labor relations between the employer and his subordinates are enshrined in law. One of important points at any production activities is the conclusion of employment contracts and their termination. A person leaves their place of work for a variety of reasons. Today we will talk about the timing of the calculation upon dismissal by on their own.
What does it mean to quit on your own initiative?
Every citizen who has reached the age of adolescence has the right to get a job and, accordingly, uses this opportunity to earn money. During the development of any profession, a person moves from a beginner to an experienced worker who has all the tricks and secrets of his business.
But, as the saying goes: "A fish is looking for where it is deeper, and a man, where it is better." Therefore, quite often in search of a new high-paying job we say goodbye to our old job responsibilities and we are mastering new ones or simply moving on 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 fact that a person writes a letter of resignation on his own initiative.
How is dismissal on one's own initiative legally enshrined?
The basic rules for the dismissal of workers who made such a decision themselves are enshrined in article 80 of the labor relations code. According to this article, the employee must notify his employer in writing about the dismissal two weeks in advance.
This period begins to count on the next day after the boss received a letter of resignation.
If both parties to the employment relationship do not mind, then the contract on labor activity may be terminated earlier.
Also, if the employee decides to remain in his position, he can withdraw the application until the time given for the warning of dismissal expires. A citizen remains in his place in the event that a new employee is not invited to this position. It should be remembered that a new employee must be invited to work in writing.
Though given view dismissal is governed by article 80, the 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 an employee leave on his own initiative without two weeks' work?
An employee can leave his job duties on the day indicated by him in the application in the following cases:
- It is impossible to continue working due to retirement age or enrollment in educational institution accredited to conduct educational activities.
- Breach of the collective agreement by the employer, employment contract or an agreement or other labor law.
When is the final payment made upon termination of employment?
After the warning period has expired, the employee resigns and is considered dismissed.
The employer gives him a work book with a mark of dismissal on his own initiative, other working documents specified in the employee's application, and makes a final settlement with him upon dismissal.
If, after the expiration of the term of service, the employment agreement is not terminated and the employee continues to carry out his official duties, then the employment contract continues to be effective.
Who gets fired without a 2-week deadline?
If the employee has been hired recently and is spelled out in his employment contract probation, which has not yet expired, then his dismissal must be issued within 3 days. Calculation upon dismissal is also required to issue on the day of dismissal.
By the same principle, seasonal workers hired for temporary work are fired.
What payments does the calculation of employees who quit on their own initiative include?
If the employee decided to terminate the employment contract on his own initiative, then his calculation should include the following payments:
- Calculation of unused vacation days upon dismissal (compensation for vacation that was not used by the employee).
- All existing wage arrears.
- Payments for days worked in the month of dismissal.
You should carefully study the payroll and make sure that wages are correctly calculated with the due bonus and allowances, and also, if this is not done, ask for vacation compensation.
If you worked for many years without vacation and did not require monetary compensation for it, you should know that you will receive compensation only for the current and previous years. All other amounts are burned out. 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 in the case of the downsizing procedure. Therefore, those who quit on their own should not count on him.
It is also paid in case of liquidation of the organization.
How is vacation compensation calculated?
This compensation is paid in the event that the employee did not use this year his regular vacation or used it, but not completely.
- Let's find the number of days worked in a month: p working days of the month - days that were not visited by the employee for all reasons.
- Let's define the average daily earnings: payments for the calculation period / number of days worked in a month.
- Let's calculate the compensation payment: all days worked in the month of dismissal x average daily earnings.
Terms of payment of settlement upon dismissal
The Labor Code of the Russian Federation, namely, article 140, stipulates that a retiring employee must receive all payments due to himself on the day of dismissal.
It is generally accepted that the day a person worked for the last time and the day of dismissal coincide, but sometimes this is not the case. For example, if an employee works in shifts a day after two. The last shift was on April 13, and he resigns on April 15. Thus, the last working day in the second spring month will be the 13th, and the 15th will be the day of dismissal. This means that the deadline for calculating the dismissal of one's own free will in this case falls on April 15th.
Article 140 also mentions that if these two days do not coincide, then the employee must present the employer with a demand for his calculation. It is not clear orally or in writing, since this is not specified in the law.
What is the threat to the employer of non-payment of wages on the day of dismissal of the employee?
If the employee was not paid the calculation upon dismissal, then by law, namely by article 236 of the labor relations code, it is stipulated that the employer must pay compensation for each day of delay. It is equal to 1/300 of the refinancing rate of the Central Bank Russian Federation, which is currently in force. The formula for calculating compensation has next view: Compensation = Refinancing rate / 100% x 1/300 x Amount of debt x Number of overdue days
For violation of the calculation period upon dismissal of his own free will, the employer faces administrative and criminal liability.
Responsibility for non-payment of wages upon dismissal
A delay in settlement upon dismissal results in liability in the following cases:
- If there were funds on the accounts of the organization, but the employer did not pay wages, but spent all the money on the purchase of new equipment or on paying off accounts payable.
- If the delay lasts from two months or more, the settlement amount has not been paid in full. If the debt is partial, then liability arises after three months of delay.
Administrative and criminal liability for late payment of the calculation?
Violation of the calculation period upon dismissal of one's own free will leads to the following consequences:
- If the delay lasts two days, then the employee has the right to demand compensation for this.
- Also, small delays lead to bringing the employer to administrative responsibility. In this case, penalties will be imposed. The amount of the fine depends on the fault of the delay in the calculation. If it's the boss's fault like natural person, then the fine will be up to 50,000 rubles, if the organization is to blame, as entity, then up to 100,000 rubles.
- More long delays lead to criminal liability.
However, most often the employer or organization pays penalties, since it is more beneficial for the state.
Where can workers seek protection from employer misconduct?
In case of violation of the terms of payment of the calculation 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.
For your own safety net, before contacting the punitive authorities, you must file a claim with the employer. This is necessary so that your superiors do not declare that you yourself did not come for the calculation.
The claim must indicate the day of dismissal, information about non-payment of wages and intentions to apply to the justice authorities.
The claim should 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 you should contact it no later than three months after receiving the order of dismissal and the work book with a record of dismissal on its own initiative.
The court will accept your application if you applied within a month.
In this article, you will learn:
- What is the calculation procedure for dismissing an employee
- What is the calculation procedure for dismissal of your own free will
- What to adhere to the calculation procedure for dismissal for redundancy
- What is the procedure for calculating dismissal compensation
Upon dismissal of an employee, the employment relationship between him and the employer is terminated. The final settlement amount depends on why the employment contract was terminated. It may include not only wages for hours worked, but also other compensations. So that the manager does not have any problems with the law, you need to know that the procedure for calculating upon dismissal is not determined by the organizational and legal form of the company, and the discharged person receives the payment of the entire amount accrued on the last working day.
Calculation procedure upon dismissal: two options
The final calculation is mandatory procedure in all situations of termination of the employment contract, which does not depend on the reason for the employee's resignation. The basis for the termination of employment affects final size cash payments to the employee. In Art. 140 of the Labor Code of the Russian Federation defines the procedure for calculation upon dismissal.
The employer pays the entire amount accrued on the last working day of the employee. If, for a number of objective reasons, the organization cannot pay the due funds on this day, then the dismissal procedure allows the calculation to be made on the next day after the employment contract has been terminated. But not later. Otherwise, the employee has the right to apply to the supervisory authorities or to the court with a complaint against the employer who violated the Labor Code of the Russian Federation.
An employment contract can be terminated at the initiative of the company or the employee himself, as well as for reasons that do not depend on either of the parties. Most often it is terminated by mutual consent of the subjects. labor law... In this situation, the final calculation can be made after the day of the termination of the employee's activities at the enterprise. But only by bilateral agreement.
Regardless of why the employment relationship was terminated, the procedure for calculating upon dismissal involves mandatory payments, which include:
- compensation for unused days next vacation;
- the salary of the quitting employee;
- monetary compensation in case of a reduction in the number or staff of the company's employees in accordance with paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation.
Additional types of monetary compensation, which are taken into account when dismissing and calculating an employee, are established collective agreement... This legal act regulates social and labor relations at the enterprise. It lies between the staff and the employer.
On the day of dismissal, the employee receives:
- certificate in the form 2-NDFL;
- a certificate of the amount of earnings for calculating benefits;
- work book;
- according to a written application, the following must also be issued:
- copies of orders for admission and dismissal, job transfers;
- certificates of salary and accrued and actually paid insurance premiums and others.
Calculation procedure upon dismissal of your own free will
The most popular reason for terminating employment is voluntary dismissal. In this situation, the initiative to terminate the employment contract comes from the employee himself. The employer is obliged to immediately consider the employee's written application and comply with a certain order of dismissal in accordance with the Labor Code of the Russian Federation.
Upon voluntary dismissal, it is assumed that the employee will notify the employer in writing of his desire to terminate the employment contract. In this situation, he must write a statement addressed to the head of the company, in which the date and personal signature are put. It must indicate the date of dismissal and indicate the reason for the termination of employment.
If the employee becomes the initiator of leaving, then in the application he may not give a reason, it is enough to write: “I ask you to dismiss of your own free will ...”. But be sure to indicate the date from which the employment relationship will end. In this case, the head of the organization has the right to appoint a term of work within 14 days.
There are situations when circumstances require termination of an employment contract without working off. In this case, you should indicate the reason for the dismissal. The head of the enterprise or an employee of the personnel department has the right to ask for documentary confirmation of this basis. For example, "Please fire me for health reasons ...". A similar reason dismissal is better supported by a certificate from a doctor, then you will not have to work out for two weeks.
When the issue of working off is resolved, the letter of resignation is sent to the personnel department. The HR specialist creates an order according to the form No. T-8. This form was approved by the decree of the State Statistics Committee of 01/05/2004, No. 1. The order necessarily makes a reference: “The labor contract was terminated on the initiative of the employee, paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation ". The prepared document is handed over to the employee for review and signature. If for some reason a person cannot read the order (illness, absence), then this fact is recorded in writing.
The procedure for calculating upon dismissal of one's own free will provides for immediate payment Money... The final calculation includes:
- monetary compensation for all days unused vacation;
- wages for hours worked;
- amounts previously accrued but not yet paid to the employee.
According to the Labor Code of the Russian Federation, the procedure for calculating upon dismissal of one's own free will is carried out according to the following rules:
- the work book of the dismissed specialist is issued on the last day of his stay at the workplace;
- full settlement and payment of funds is also made on the last working day;
- if a person is absent on the day of dismissal for any reason ( sick leave, vacation), then the calculation will be made on the day of his return to work.
Calculation procedure upon termination of redundancy
Guided by paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, with a reduction in the number and staff, labor relations with the employee are terminated unilaterally at the initiative of the employer. Downsizing implies decreasing staff units employees of any position. With a reduction in staff, all employees of a particular department or position may be dismissed. In this case, there is a reduction in the staffing table.
The employer has the right, at its discretion, to decide on the reduction of the number or staff. The company's management independently determines the structure of the company and the number of staff members. An employment contract with an employee can be terminated unilaterally, without agreement with the trade union organization (paragraph 10 of the Resolution of the Plenum The Supreme Court RF dated 17.03.2004, No. 2).
The calculation procedure upon dismissal due to staff redundancy provides for compliance with the guarantees enshrined in the Labor Code of the Russian Federation.
V mandatory a person who has been laid off is paid:
- wages for the days that a person worked in the month before the time of dismissal;
- compensation for days of unused vacation;
- severance pay by size average monthly earnings according to Art. 178 of the Labor Code of the Russian Federation.
Articles 296, 292 of the Labor Code of the Russian Federation define a special system for the payment of severance pay for seasonal personnel and people hired for a period of less than two months. The final settlement with the employee is made, as in previous cases, on the day of his dismissal (Art. 84.1, Art. 140 of the Labor Code of the Russian Federation).
In terms of layoffs, a person is paid an average monthly wage for the period of employment if he is not a part-time worker, a seasonal worker or a person with whom an employment contract has been concluded for a period of two months. The period of payment of the average monthly wage does not exceed three months from the date of dismissal (Article 178 of the Labor Code of the Russian Federation).
The procedure for calculating dismissal due to redundancy provides for the payment of severance pay in the amount of the average monthly wage for the first month of employment. If a person cannot find a job in the next two months after a month of dismissal, then the former employer is obliged to pay the average salary to the laid-off employee.
With a downsizing and downsizing of staff, a person has every right to look for a new place for three months. The last employer all this time will pay the laid-off worker an allowance in the amount of the average monthly wage, but not more than three months.
For persons employed in the Far North and equated localities, the period of employment, which is paid by the former employer after the layoff, has been increased to six months. Such a calculation procedure upon dismissal due to staff redundancy is interpreted by Art. 318 of the Labor Code of the Russian Federation.
The procedure for calculating compensation upon dismissal
Vacation compensation
To determine the number of days for which the employee is entitled to monetary compensation, you need to know the calculation procedure:
Stage 1. Calculate the number of full months of work (seniority) for the entire period of work at a given enterprise. Days of an incomplete month, if there are more than 15, are rounded to the full. If there are less than 15 days in an incomplete month, then this period is not counted.
Stage 2. The total number of vacation days is then determined. For these days of unused vacation, the employee is entitled to compensation upon dismissal.
Stage 3. From received after counting the total vacation days subtract the number of vacation days that were previously granted to the employee.
The procedure for calculating the days of unused vacation:
The employee was employed at the enterprise on 03/18/2015, the day of his dismissal - 08/23/2017 During this entire period, he was granted regular leave twice for 28 days. Once an employee was on leave without pay (without pay) for 20 days in one year.
We calculate the length of service. In total, a person worked at this enterprise for 29 months and 5 days. From this time we will exclude those days when he was on leave without pay for more than 14 days - 6 days. It turns out that the length of service in the organization is 28 full months and 30 days. If there are 15 or more days, then their number is rounded up to a full month. Since 30 days are more than 15, we round up to 29 full months.
- For each year worked (12 months), the employee is entitled to 28 vacation days. Now let's calculate the number of vacation days:
28: 12 × 29 = 67.67 days.
It turns out that for the entire period of work at this enterprise, the employee is entitled to 67.67 vacation days.
- For all the time worked, the person used his right to leave twice for 28 days. Total vacation days: 28 × 2 = 56 days.
- To determine the number of days for which the employee is entitled to monetary compensation, it is necessary to subtract the number of previously used days from the total number of vacation days received:
67.67 - 56 = 11.67 days.
The employee did not use 11.67 vacation days.
V in this case the rules for calculating an employee upon dismissal provide for the payment of monetary compensation for 11.67 unused vacation days.
Decree of the Government of the Russian Federation No. 922 of 24.12.2007 determines the procedure for calculating the amount of compensation for unused vacation days upon dismissal. All compensation payments are calculated based on the average wage for the last 12 months prior to the termination of the employment contract. Average wages are calculated on calendar days. When calculating, the average amount calendar days in a month is indicated by a coefficient of 29.3.
Severance pay
In accordance with Art. 178 of the Labor Code of the Russian Federation, some categories of workers are entitled to benefits upon dismissal.
An allowance in the amount of a two-week average salary at the final settlement of an employee is issued on the following grounds:
- The employee does not correspond to the position held for health reasons.
- The employee is called up for military or alternative civilian service.
- Dismissal in connection with the reinstatement of an employee who previously performed these functions.
- Due to the relocation of the employer to another locality, the employee refuses to be transferred to a new place of business.
The allowance in the amount of the average monthly wage in the final calculation is paid on the following grounds:
- The company is being liquidated.
- Reduction of the number or staff of the organization's employees.
In all of the above cases, the employee continues to receive an average monthly wage from the date of dismissal to employment at the next place of employment, but not more than two months. If, nevertheless, the dismissed employee cannot find a job for more than two months, then by decision of the body of the State Employment Service, the former employer pays an average monthly allowance for the third month from the date of dismissal. But only on condition that the person, within two weeks after the dismissal, applied to Public service employment of the population and could not find a job.
Decree of the Government of the Russian Federation No. 922 of 24.12.2007 establishes the procedure for calculating the amount of compensation for unused vacation days upon dismissal. All compensation payments are calculated based on the average wage for the last 12 months prior to the termination of the employment contract. Determination of the average wage takes place on the calendar days actually worked.
Compensation for layoffs due to layoffs
The calculation of compensation for unused vacation days when an employee is laid off occurs in the same way as other similar payments. The procedure for calculating the final amount upon dismissal does not depend on the reasons for the termination of employment.
As noted above, the procedure for calculating severance pay is determined by Decree of the Government of the Russian Federation No. 922 of December 24, 2007. All compensation payments are calculated based on the average wage for the last 12 months prior to the termination of the employment contract. For example, the day of dismissal of an employee falls on 02.19.2018, the calculation is made for the period from February 2017 to January 2018.
Formula for calculating severance pay:
To calculate the average monthly wage, you can apply the same formula. The latter indicator here is equal to the number of working days in the month after dismissal, for which it is necessary to calculate the average monthly wage.
So our article on the procedure for payment upon dismissal has come to an end. We sincerely hope that you were able to find useful ideas for your business in it. It is possible that some thoughts became a discovery for you, but something turned out to be simple interesting fact who have broadened our understanding of the complex sales process. Which of the presented points would you like to apply in practice? How satisfied are you with the way your business is going? Analyze your answers to these questions, then our article can leave a significant mark on your mind.
Remember that if you have any questions, doubts or even objections, you have the opportunity to write to us by mail [email protected] or use the form feedback on the official site. Experienced business coach Evgeny Kotov, founder of the training company “Practicum Group”, will be happy to answer them, and possibly discuss with you, because the truth is born in a dispute.
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