Today, the calculation quit for how many days. The procedure for dismissal at the employee's own request - reasons, sample application and calculation procedure

Such an event sooner or later happens in the life of every person. Depending on the circumstances, it may or may not be pleasant, but leaving work is associated with a number of additional circumstances that you need to know about in advance and be prepared for them.

One of these moments is the procedure for the final settlement of the enterprise with the resigning employee.

The main reasons and methods of dismissal in accordance with the Labor Code of the Russian Federation

Employee initiative

One of the most common reasons for dismissal is an employee, expressed in the form of a corresponding application, which is written by him in any form. This document is drawn up two weeks before the intended departure, so that the employer has the opportunity to select a replacement for the departing employee.

Situations are possible and actually practiced when the parties agree not to meet the deadline when leaving work. But if an employee wants to work these two weeks, the organization is obliged to pay them.

Termination without a two-week deadline possible in the following cases:

admission of an employee to study;
dismissal related to retirement;
change of place of residence;
the need to care for a disabled person of the first group;
if the employer violates the requirements of labor legislation.

In all of these circumstances, an employee may not work out a two-week period, even if the employer insists on it.

During the period of "working off" the employee has the right to withdraw his application and continue the performance of duties.

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Agreement of the parties

This method of action is chosen by the administration in order to get rid of an objectionable employee when he does not give rise to any aggressive actions.

The head of the enterprise proactively meets with the employee and offers him an agreement that can suit both parties. As a rule, from the side of the administration follows a proposal to monetary compensation in the amount of 2 - 3 monthly salaries.

In this case, the wording of the reason for leaving can be as in the wording of paragraph 1 of Art. 77 of the Labor Code, and according to Art. 78 of the same document.

Staff reduction

This type of dismissal requires compliance with a certain procedure, namely:

a reduction order is issued;
a mandatory step is to notify the employees to be laid off with an offer to them of another job at this enterprise;
a message about the upcoming event of the trade union organization and the employment service;
dismissal of employees in case of disagreement with employment for the proposed positions.

Directly the process of termination of the contract on the indicated basis is regulated by Article 181 of the Labor Code.

Employer initiative

There is a clause that all types of compensation are not taxed, with the exception of that for unused vacation.

What payments are due to the employee upon dismissal, is described in the following video:

The procedure for calculating compensation

The basis for calculating compensation payments is the employee. It is calculated based on the money paid divided by the number of days worked. This takes into account not only the amount of salary, but also all bonuses, allowances and other payments stipulated by the contract. The average daily earnings are multiplied by the number of unused vacation days.

From the accrued amount, all taxes are paid and contributions to funds are made.

Upon termination of the employment contract at the initiative of the enterprise, the employee is credited with a severance pay in the amount of earnings for two weeks or a month.

Payment terms

An indispensable requirement of the Labor Code of the Russian Federation is the payment to the employee of the accrued amounts on the day of dismissal.

These include:

payment for hours worked for the current month;
compensatory payments for unaccompanied vacation;
severance pay to those who are entitled to it.

In case of violation of the procedure for paying the settlement upon dismissal, the payer may be charged a fine in the amount corresponding to the refinancing rate of the Central Bank of the Russian Federation.

In this case, all taxes on the amount of compensation for vacation must be accrued.

severance pay and the remaining average monthly income is not subject to personal income tax and contributions to funds are not made.

Note-calculation of accruals upon dismissal

This document is drawn up according to the approved form T-61. filling front side is made by the personnel department of the enterprise with an indication of all its registration and bank details.

The reverse side of the form must be completed by an accounting employee with detailed notes on charges and an indication of the total amount. Signed by the head of the personnel department and the chief accountant of the enterprise.

The note is the basis for the payment of settlement amounts along with the order to dismiss the employee.

Liability for late payments

As mentioned above, the settlement is issued to the dismissed on the day of dismissal. For compliance with the payment deadline, the company bears material responsibility in the amount of 1/300 of the Central Bank refinancing rate for each day of delay.

If there is a delay in the calculation, you need to contact the labor inspectorate with a statement of any form. The inspector of this service will issue an order to make the calculation and control its execution.

In case of failure to comply with the decision of the labor inspector, you can apply to the court, which, most likely, will be on the side of the plaintiff and demand the due amount from the defendant.

The timing of the calculation upon dismissal is described in the following video:

Labor relations between the employer and his subordinates are fixed by law. One of important points in any production activity is the conclusion of employment contracts and their termination. The departure of a person from his place of work can occur for many reasons. Today we’ll talk about the timing of the calculation upon dismissal own will.

What does it mean to quit on your own initiative?

Every citizen who has reached the age of late youth has the right to get a job and, accordingly, takes advantage of this opportunity to earn. During the development of any profession, a person advances from a beginner to an experienced worker who has all the tricks and secrets of his business.

But, as they say: "The fish is looking for where it is deeper, and the man, where it is better." Therefore, quite often, in search of a new high-paying job, we say goodbye to our old ones. official duties and master new ones or simply move to another employer who agrees to pay more for our services.

All these conditions, as well as unforeseen 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 fixed?

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

This period begins to count on the next day after the boss received the 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 notice of dismissal expires. A 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.

Although this species 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 code on labor relations.

In what cases does the dismissal on the employee's own initiative occur without a two-week working off?

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

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

When is the final payment due upon dismissal?

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 the final settlement with him upon dismissal.

If, after the expiration of the period of working out, the agreement on labor activity is not terminated and at the same time the employee continues to perform his official duties, then the employment contract continues to be valid.

Who gets fired without a 2-week deadline?

If the employee was recently hired and his employment contract contains a probationary period that has not yet expired, then his dismissal must be formalized within 3 days. The calculation upon dismissal is also required to be issued on the day of dismissal.

According to the same principle, seasonal workers hired for temporary work are dismissed.

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

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

Calculation unused days vacation upon dismissal (compensation for vacation that was not used by the employee).
All existing wage arrears.
Payments for the days worked in the month of dismissal.

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

If you worked for many years without a 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 allowance is paid only during the redundancy 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 pay calculated?

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

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.
Determine the average daily earnings: payments for the calculation period / number of days worked in a month.
Let's calculate the compensation: all days worked in the month of dismissal x average daily earnings.

Terms of payment of the calculation upon dismissal

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

It is generally accepted that the day when a person worked last time and the day of dismissal are the same, but sometimes they are not. For example, if an employee works in shifts every two days. The last shift was on April 13, and he leaves on April 15. Thus, the last working day in the second spring month leaves on the 13th, and the day of dismissal will be the 15th. This means that the settlement period for dismissal of one's own free will in this case falls on April 15.

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 whether orally or in writing, as this is not specified in the law.

What threatens the employer with 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 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 Central Bank Russian Federation which is currently in effect. The formula for calculating compensation is as follows: Compensation = Refinancing rate / 100% x 1/300 x Amount of debt x Number of days overdue

For violation of the calculation period upon dismissal of one's own free will, the employer faces administrative and criminal liability.

Responsibility for non-payment of wages upon dismissal

Delay in settlement upon dismissal leads to liability in the following cases:

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.
If the delay lasts two months or more, and the settlement amount has not been paid in full. If the debt is partial, then liability occurs after a three-month 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 are imposed. The amount of the fine depends on whose fault the payment was delayed. 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, as entity, then up to 100,000 rubles.
Longer delays lead to criminal liability.

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

Where do employees 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 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 appear 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 two copies 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 apply to it no later than three months after receiving the dismissal order and work book with a record of dismissal on his own initiative.

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

The final settlement with the employee upon his dismissal implies payment Money, which are due to the latter for the entire time of his labor activity. In this case, the grounds for terminating the contract must be taken into account. After all, the salary of a citizen and other necessary payments will depend on this basis. AT similar situation the manager should not forget that the full settlement with the resigning person must be made on the day when the employee last performs his activities in this organization. Otherwise, the boss simply cannot avoid problems with the law.

Calculation term upon dismissal at will with working off

According to the provisions of Article 140 Labor Code, the manager must pay all the 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, you need to do it the next day, when the employee presented a demand for settlement with him. Otherwise, the management may be in big trouble if a person goes to court for the protection of violated rights.

Calculation period upon dismissal of one's own free will without working off

The employer is obliged to make the calculation and payments upon dismissal of the employee in full. Delay is not permitted by law. If for some reason the employer delays the full settlement with the resigned employee, the latter has the right to write a complaint to the labor inspectorate or file statement of claim to court.

The employee receives a full payment upon dismissal on the basis of the Order from the employer on dismissal this employee. The order has a unified form, which personnel officers must adhere to.

The employer is obliged to pay the retiring employee:

wages for actual hours worked;
compensation for unused vacation;
severance pay in cases where it is provided for by labor legislation, collective or labor agreement.
Wage paid in accordance with the salary or tariff rate of the dismissing employee. The employer is obliged to pay all hours actually worked from the beginning of the month, including the last working day. For example, the salary of an employee is 32,000 rubles. He retires March 23rd. In March, 21 working days, the employee worked 14 days. March salary 32,000 / 21 * 14 = 21,333 rubles.

Compensation for unused vacation

Compensation for unused vacation depends on the employee's average earnings for the last "working" year, as well as on the number of months when the vacation was not used. Also, an employee can first go on vacation, and then immediately quit. For example, upon dismissal, an employee has 9 days of vacation. Compensation will be equal to 32,000 / 29.3 * 9 = 9,829.3 rubles.

Severance pay is paid in cases provided for in Art. 81 of the Labor Code of the Russian Federation, when the dismissal occurs at the initiative of the employer:

downsizing or downsizing;
liquidation of the enterprise;
refusal of the employee to move with the employer or transfer to another position;
drafting an employee into the army;
recognition of an employee as unfit for this work due to a medical report.

Calculation period upon dismissal of one's own free will during the probationary period

Dismissal for probationary period can be made at the initiative of both the employee and the employer. However, despite the short period of work, the procedure for dismissing an employee during a probationary period must also be observed.

When working on a probationary period, an employee may stop working by notifying the employer 3 days in advance (Article 71 of the Labor Code of the Russian Federation). But this is only if the provision on the probationary period is written in your employment contract. If it is not there, then it is necessary to notify 2 weeks in advance (Article 84.1 of the Labor Code of the Russian Federation)

Article 140

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 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.

When should I calculate upon dismissal of my own free will

The final terms of calculation upon dismissal are strictly regulated by labor legislation. They are mentioned in Art. 140 of the Labor Code of the Russian Federation. This article states that the terms of payment of the calculation upon dismissal are limited to the day of dismissal of the dismissing employee.

144.76.78.4

On a general basis, the day of dismissal is considered the last working day. But not always the last working day and the day of dismissal of an employee coincide. There are exceptions to the rules.

For example, an employee works in shifts - every three days. He had his last shift on May 15, and he has been leaving since May 17. In this case, his last working day is May 15, and the day of dismissal is May 17.

The employee must come to work on May 17 and receive final settlement. This is done to avoid unnecessary delays. And in Art. 140 of the Labor Code of the Russian Federation says that if the last working day and the day of dismissal do not coincide, then the employer must pay the employee all the money the next day after receiving the demand for full payment from the employee.
The law does not say in what form this requirement must be presented - in writing or orally.

If the employer and employee do not agree on the amount of all payments, then the employee has the right to write a complaint to the labor inspectorate. In this case, the employer will be checked, and the terms for calculating payments upon dismissal are “shifted” for an indefinite period.

If the employee is not satisfied with the decision of the labor inspectorate, he has the right to sue the employer with a request to recalculate the final amount of payments. The employee will not receive his money until there is a court decision, regardless of in whose favor it is issued.

During the layoffs, people are concerned about the question of when managers should pay the settlement upon dismissal. There are certain deadlines for the payment of compensation, which the company must meet. Because if you hold money for at least a few days, then this will be considered a violation of the Labor Code of the Russian Federation. The employee should know the legislation regarding the calculation upon dismissal. It is advisable to personally control this process, because some employers may withhold money or reduce the amount of benefits.

About dismissal

Leaving a job in most cases turns out to be a difficult process, and difficulties arise both for the person and for the company. It is best to leave the place of employment when there is another option in a more successful company. Otherwise, a person runs the risk of sitting without work and without money.

But, if there is a desire to leave, then you should notify the authorities at least two weeks before the expected date. Because they have to prepare payments upon dismissal and find a new employee. Therefore, it should be borne in mind that in most cases it is impossible to leave immediately, you will have to work at least 14 days.

There are other reasons for the reduction:

At the request of the employee or employer.
By mutual agreement.
Due to circumstances. In this case, the desire does not come from the employer and the employee, but for external reasons.
End of a fixed-term employment contract.
The employee violated the rules of the employment contract.

There are other reasons for reduction, but the above are the most common. If you need to leave the case, then you can apply for certain payments. They must be calculated in the company and given to the person along with the documents. If the boss does not begin to give money after dismissal, or does not accrue them in full, then he will violate the Labor Code of the Russian Federation.

Any employee needs to know that if their law has been violated, for example, funds are not paid or they do not sign a letter of resignation, then their rights should be defended. A person can file a complaint with a higher body - the labor protection inspectorate, the court, the prosecutor's office. They will review the application and review the case. If it turns out that the boss, indeed, by dismissing the employee, violated something, then he will have to pay a fine. At the same time, a person whose rights have been infringed will be able to get what he wants, for example, he is paid compensation or is given a work book.

Read also The nuances of the employer's refusal to dismiss at his own request

About payouts

During the calculation upon dismissal, the company must take into account certain payments that will need to be provided to the citizen. All of the following may be present, or only one, because the moment depends on the specific situation. But in any case, the resigning person is obliged to issue funds no later than the period allotted for this period.

Wage. The employer is obliged to accrue the money that is due to a person for work. The period when the person was still working, but did not receive a salary for these days, is taken for calculation.
Vacation compensation. According to the Labor Code of the Russian Federation, each person has the right to rest for at least 28 days during the year. But quite often it happens that the dismissed person does not manage to go on vacation. Therefore, compensation is paid for the unused amount of time.
severance pay. It is given to certain categories of citizens.

With regard to vacation, it may not necessarily be compensated as a cash payment. If desired, a person can rest the number of days that remains unused. This can be done immediately before leaving, having agreed with the boss. This is a good opportunity to recuperate before looking new job. But in such a situation, payment for unused vacation will not be due.

Timing

Upon dismissal, the employee receives money at a certain point, and violation of this deadline for the boss will bring problems. The employee himself must know when the payment for the resigning is calculated. How much money is given depends on certain factors.

According to the rules, the payment terms directly coincide with the last working day. And it is considered the number when a person retires. It is on the last working day that money, as well as documents, should be given. Moreover, the settlement must be accrued in full size, and partially they do not have the right to issue them to a citizen.

Important! A prepaid amount can be provided if the person decides to take a vacation before leaving. Then the time before the rest will be considered the day of accrual of money.

In this case, the company will issue documents before the vacation. Although the last working day will be considered the end of the rest, although in fact a person will stop his activity earlier.

The timing of the settlement with an employee leaving the organization is devoted to article 140 of the Labor Code of the Russian Federation.

Article 140 of the Labor Code of the Russian Federation. Deadlines for dismissal

In the event of a dispute about the 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 is the exact date - the deadline for issuing settlement?

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

Here are examples of date mismatches:

When and how should the money be paid?

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

When should they give if the employee was absent on the last working day?

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

Read about what payments are due to an employee upon dismissal, and from you will find out whether it is possible to hope for a bonus payment after dismissal.

How to apply for a settlement?

The legislation does not deal with this issue. It appears that It is best to submit a written application with the following content:

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

Be sure to put the date of writing the application and 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 is interested in the issue of obtaining funds. Therefore, it is better to contact the office of the company 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 the calculation 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 at his place on that day, no later than the day following the date of the dismissed person's application for the due payments.

Thus, the following logical conclusions can be made:

If the employee is on vacation, then the place of work for him must be saved.
Accordingly, the calculation must be carried out after the vacation ends.

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

Responsibility of the employer for the delay in transfer

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

According to Art. 236 of the Labor Code of the Russian Federation, interest is charged for late payments, 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 should go into the employee's pocket. But there is also a responsibility to the state. In particular, the Code of Administrative Offenses of the Russian Federation contains