Dismissal and calculation of the employee at his own request. Calculation of severance

When an employee is dismissed, regardless of the reason, the employer must pay him wages for all hours worked and compensate for days unused vacation. Sometimes severance pay is also required. How to draw up a settlement upon dismissal and what documents need to be handed out?

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

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

We will deal with each of these amounts in more detail and understand how exactly to calculate the severance pay upon dismissal.

Wage

The salary of the dismissed employee is calculated and paid to him in accordance with the salary or tariff rate. No online calculator the calculation upon dismissal is not needed to calculate the amount that the person actually earned. The main thing to remember is that you need to pay all the hours actually worked from the beginning of the month, including the last working day.

Example:

The salary of sales specialist Marat Koshkin, who decided to quit on May 23, is 32,000 rubles. In May 2019, there were 21 working days, which means that Koshkin actually worked 14 days. This is easy to calculate using the production calendar, which takes into account all holidays and weekends, as well as the time sheet. After that, a simple formula works:

Daily earnings \u003d salary divided by the number of working days and multiplied by the actual period worked.

So, Koshkin's salary for May will be 32,000 / 21 * 14 = 21,333 rubles. It is this amount that should be credited to him, and it should be handed over to him after deducting personal income tax at a rate of 13%.

Obviously, it is even easier to calculate the amount payable for piecework or shift pay. In this case, the rate should simply be multiplied by the number of shifts worked or the amount of work performed. Such calculations are no different from the usual payroll, which the accountant performs for all employees on a monthly basis.

Compensation for unused vacation

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

• if the working year is not over, and the vacation has not been taken, then its days are calculated in proportion to the months worked;
• if compensation needs to be paid for previous years, then the calculation is based on 28 vacation days per year;
• if the dismissal occurs before the end of the period for which the person has already received vacation, then you can calculate the days proportionally and withhold paid vacation pay based on article 137 of the Labor Code of the Russian Federation.

It is important to remember that in these situations it is necessary to calculate the payment required by law not on the basis of actual earnings, but on the basis of average earnings for holidays in accordance with Decree of the Government of the Russian Federation No. 922 dated December 24, 2007(as amended on 12/10/2016).

Number of unused vacation days on general rule is determined by the formula:

Days to compensate for vacation \u003d product of the number of days of vacation, due to the employee for each month of work (an average of 2.3 for each month), by the number of months worked at one workplace, minus the days already taken off during this period.

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

It is also important to take into account that there are features for calculating the number of months that a citizen has worked for a particular employer, they can be found in the rules approved NKT USSR 04/30/1930 N 169. For example, if less than half a month has passed from the beginning of the month to the date of dismissal, then this month must be excluded from the calculation, and if a person managed to work half or more, then this month is taken into account when calculating vacation pay as a whole. That is, it is not necessary to divide vacation days for one month in proportion to the days worked.

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

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

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

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

severance pay

In some cases, employers, in accordance with article 178 of the Labor Code of the Russian Federation, must include severance pay in the calculation. It has a different size and depends on the reasons for terminating the employment contract and the category of employees. In particular, persons who were dismissed due to:

• inability to continue working for health reasons;
• conscription for military or alternative civilian service;
• reinstatement of an employee who previously performed this work;
• refusal of a person to transfer in connection with the relocation of the organization to another locality.

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

• upon dismissal in connection with the liquidation of the organization;
• when reducing the number or staff of employees.

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

Calculation upon dismissal: payment terms and a package of documents

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

A special place among these documents is occupied by the so-called note-calculation upon dismissal. It can be issued in any form, or you can use the unified form T-61, approved Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1. This form is quite easy to fill out, it consists of two pages:

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

Section 2. Calculation of vacation pay (back side). It calculates the entire period of work for which the vacation was not used. Looks like that:

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

note that title page the HR specialist signs, and the reverse side is signed by the accountant of the organization who made the calculation.

The employer must issue all documents and transfer the amounts due to him to the employee's account on the day of dismissal. If the dismissal is accompanied by a preliminary vacation, it is necessary to pay off on the last working day before going on vacation. This procedure is provided article 140 of the Labor Code of the Russian Federation. If the employer does not comply with this requirement, he may be held administratively liable for Article 5.27 of the Code of Administrative Offenses of the Russian Federation. It provides for the following penalties:

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

In addition, the employer will have to pay the dismissed citizen one more compensation - for the delay in payments. It's provided article 236 of the Labor Code of the Russian Federation. The amount of such payment depends on the length of the delay.

The legislation of Russia provides for a severance pay upon dismissal, which is accrued so that in the first time after the termination labor activity the former employee was not left without a livelihood. As a rule, additional compensation (in addition to wages and vacation money) is paid if the reduction occurred at the initiative of the employer. But what payments should be provided to an employee who left the place of work on his own? You will find the answer to this question in this article.

What does the legislation of the Russian Federation say?

The Labor Code of Russia defines the phrase "to leave the place of work for own will". This means that the employee becomes the initiator of the break in labor relations. Recall that if the employer independently dismisses a person, or the reduction occurs for any reason beyond the control of the employee, he receives compensation. In this case, the cash payment is provided for by law so that the citizen is not left without a livelihood and can live on the money received while looking for a new job.

If a person writes a letter of resignation on his own, it is understood that he already has any plans or ideas for further actions, therefore, the labor code does not provide for compensation payments after dismissal of his own free will.

If you quit of your own free will, you will have to work for two weeks after notifying the employer about leaving. The procedure for dismissal in this case is as follows: the employee writes a letter of resignation, after which he is obliged to work for another 14 calendar days. This time is given to the employer so that he can find and train a new employee.

Let's look at what payments upon dismissal of one's own free will are due to a person:

1. Salary for the days worked in the current month;
2. Cash for unused vacation days.

Vacation pay upon dismissal comes with the salary for last month. The employer is not obliged to pay any additional compensation to a person who leaves work at will: a person receives only what he has earned for the days worked.

How to calculate the amount of payment upon dismissal of one's own free will?

The employer must accrue the entire salary for the period worked by a person, even if he leaves of his own free will. The total amount of transfers from the enterprise that a citizen will receive on the last day of work (maximum - within seven days after dismissal) includes the following payments:

• Salary for the last thirty days worked (including base salary and possible bonuses);
• Compensation for unused rest days (accrued if a person did not go on vacation during the current year);
• Sick leave (if the employee was on sick leave when writing the resignation letter).

An employer can charge a retiring person a bonus for Good work or as a thank you. She will also be included in the payment after dismissal of her own free will.

Consider the basic rules for calculating fees upon dismissal on your own initiative:

1. Salary: according to the Labor Code, if an employee has worked more than 15 days in a month, he receives a salary for the entire month, if less, days worked are not taken into account;
2. Vacation: based on the fact that, according to the legislation, an employee is entitled to 28 days of paid vacation, the accounting department calculates how many unused days a person has and pays compensation to the employee upon dismissal;
3. Average salary: take all salaries for the last 12 months worked, add them together and divide by 12.

Thus, an ordinary employee receives a salary for the last month accrued according to standard conditions+ compensation for unused vacation days (if any).

Article 178 of the Labor Code of the Russian Federation states that if a person holding a managerial position quits, he is entitled to three monthly salaries, regardless of on whose initiative he leaves the place of work.

In addition, an employee can file an appeal with the labor inspectorate regarding the accrued payment and request compensation in the following cases:

• The employer does not give the work book;
• The employer violates the rights of the employee by not paying him a salary after dismissal;
• The termination agreement was incorrectly drafted.

Material compensation will be accrued by the employer only if the labor inspectorate detects violations of the employee's rights.

Payment deadlines

The calculation of the payments that are due to the leaving person will be made by the accounting department on the day the citizen is dismissed - that is, on the day when he picks up the work book. The company must take into account all the days worked for the last month (including the last two weeks after writing the resignation letter). There are a few things to note about this issue:

• According to the Russian labor code, a person can apply for resignation from their place of work while on vacation. In this case, it is not necessary to work out the prescribed fourteen days, and the last day of vacation will be considered the last working day;
• The same applies to sick leave. If a person is on sick leave, and at the same time wants to quit, he has the right to do so. In this case, wages will be paid on a general basis: two weeks after the application is written. The amount of the payment should also include money for the sick leave.

Payment terms should not exceed seven days from the date of the last working day.

According to Article 140 of the Labor Code of Russia, if the employer has not paid wages and funds for unused vacation days, a person needs to contact the labor inspectorate or the judicial authorities to resolve this issue. Also, employees of these instances will help defend their rights if the amount of the final payment is less than it should be.

The nuances of calculating payments to employees of the Ministry of Internal Affairs

The rules for calculating payments upon dismissal of their own free will for employees of the Ministry of Internal Affairs differ from the standard ones. Let's find out what payments are due to a resigning employee of the Ministry of Internal Affairs of Russia:

1. Salary for the last month worked;
2. Premium for the last quarter;
3. One-time annual bonus;
4. Financial assistance upon dismissal, the amount of which is at least two monthly salaries (the amount of payment must be separately specified in the employment contract);
5. Compensation for unused vacation days (if any).

An additional payment is also made to employees who have occupied leadership positions, for years of service. Its size depends on the experience of a person in the Ministry of Internal Affairs:

It should be noted that the payment of the above compensation is not carried out in such cases:

• If an employee of the Ministry of Internal Affairs goes to prison, as a result of which he is forced to quit;
• If a person regularly violated discipline and did not fulfill his duties in full.

In such situations, the citizen receives only the salary due to him for the last month worked.

Salaries and monetary compensations to employees of the Ministry of the Interior are accrued within a month after the last working day. To receive all compensation, he must sign a dismissal decree, which indicates the following data:

• Name and position of the employee;
• Reason for leaving the job;
• Work experience;
• Date of dismissal;
• The total amount of payments, taking into account all allowances and bonuses.

As we can see, even if an employee of the Ministry of Internal Affairs leaves of his own free will, the law still provides additional payments because the work in this area is considered extremely difficult.

Is it necessary to pay benefits from the labor exchange upon dismissal of one's own free will?

According to the legislation of Russia, if the termination of the labor contract occurred at the request of a person, he is not entitled to the payment of benefits from the labor exchange. However, exceptions are made in the following cases:

• A person quits due to an illness that interferes with his work activity;
• Moves to another city/town;
• A single mother who independently raises a child under the age of fourteen;
• Leaves the place of work in order to look after the disabled person of the first group;
• The management of the organization violates the rights of employees and the labor code.

If the reasons for leaving a person's place of work are good, the labor exchange will take this into account and will charge him a monthly allowance until he finds a new job.

The amount of the payment is calculated on a general basis:

• The first half of the year without work - the minimum allowance, the amount of which is determined by the regional government + half of the minimum allowance;
• The second half of the year without work is the minimum allowance.

The exchange does not provide for benefits in cases where the employee quit without good reason. If the employees of the labor exchange consider the reason for leaving the place of work insufficiently compelling to receive a monthly monetary compensation, a person can challenge this decision in the labor inspectorate or in court.

Last modified: March 2019

How to calculate an employee upon dismissal

The administration must make a settlement upon dismissal by paying:

• salary;
• compensation for unused vacation;
• severance pay.

Give the employee a work book, the requested copies of documents.

How to calculate salary

ZP \u003d Omes. / Drab. * Two.

• ZP - wages;
• Omes. - the monthly salary of the worker;
• Drab. - the number of working days in a month;
• Two - the number of days the worker left.

It is necessary to take into account the provided bonuses, regional coefficients.

Sinelnikov A.T. retired on September 17, 2018. His salary is 52300 rubles. In September, 20 working days, he worked 11 days. We calculate wages for September: 52300:20*11 = 28765.

Who is the severance pay for?

When the contract is terminated (strength), liquidation of the organization, the employer pays the reduced average monthly salary, and the same amount for the period of employment, up to two months. By decision of the employment service, money is paid for the third month if the dismissed person registered for unemployment within two weeks and did not find a job. The provisions are regulated by art. 178 of the Labor Code of the Russian Federation.

The reduced employee is additionally paid an average monthly salary if he is fired before the two-month notice period for termination of the contract (part 3 of article 180 of the Labor Code of the Russian Federation).

The average salary for two weeks is paid (part 3 of article 178 of the Labor Code of the Russian Federation):

• who refused to be transferred to a job necessary for health reasons;
• conscript to the ranks of the Republic of Armenia;
• dismissed due to the restoration of the previously occupying this position;
• who refused to be transferred together with the organization to another locality;
• declared unfit to work;
• who refused to work due to a change in the terms of the contract.

Payment may be provided upon dismissal by agreement of the parties. Its size is fixed in the agreement drawn up in two copies.

Normative acts of the management, the collective agreement may establish other payments.

What is excluded when determining the average earnings

Intervals, payments for (Article 129 of the Labor Code of the Russian Federation) are excluded:

• paid vacation;
• time off;
• absence due to illness;
• business trips;
• absence due to pregnancy and childbirth;
• looking after a child up to 1.5, 3 years old;
• looking after a sick family member, a disabled child.

Material assistance, reimbursement of travel, communications, meals are excluded.

Average daily earnings for calculating benefits

For the calculation, the twelve-month interval preceding the month of termination of employment is taken. If a year has not passed from the moment of admission to dismissal, the estimated interval is taken from the date of admission.

Zpos. \u003d D12 / Add.,

• Zpos. - average daily salary;
• D12 - twelve-monthly income;
• Dotr. - the number of days worked during this time.

For the settlement period from September 2017 to August 2018, Sinelnikov received 641,304 rubles, including 15,251 sick days for the period from March 13 to March 21. The worker is set to a five-day week with two days off.

Accruals for labor will be: 641304 - 15251 = 626053.

There are 247 working days in the period. Subtract 9 days of illness. Number of days out: 247 - 9 = 238.

The average daily wage will be: 626053:238 = 2630.47.

Severance pay calculation

VP = Add. * Zpos.,

• VP - severance pay;
• Add. - working days to be paid, the number of days of the period is determined by the schedule of the enterprise.

According to Art. 14 of the Labor Code of the Russian Federation, the period begins on the day following the date of leaving the organization. Let's look at an example.

Sinelnikov is resigning due to staff reduction on 09/17/2018, he is entitled to benefits for the period from 09/18/2018 to 10/17/2018. In the interval according to the production calendar 22 working days. We calculate the amount: 22 * ​​2630.47 = 57870.34.

If the amount is paid in two weeks, take 14 days following the date of termination of employment.

When is compensation paid for unused vacation

Compensation is due for all unclaimed days (part 1 of article 127 of the Labor Code of the Russian Federation). For the year worked, the worker is entitled to 28 paid calendar days of rest, for a full month 28:12 = 2.33.

If a different duration of rest is set, you need to divide it by 12. The resulting fractional can be increased to an integer (letter of the Ministry of Health and Social Development of the Russian Federation dated 07.12.2005).

If, after counting the number of years, months and days of unused rest, there are less than 15 days left, they are discarded. A quantity equal to or greater than 15 counts as a whole month.

The employee's working year begins on the date of admission to the organization.

The following are excluded from labor time (part 2 of article 121 of the Labor Code of the Russian Federation):

• absence without good reason;
• non-admission to work due to the fault of the employee;
• looking after a child up to 1.5, 3 years;
• unpaid absence with management permission exceeding two weeks per year.

These intervals shift the end of the year by the corresponding number of days.

Average daily earnings for compensation calculation

Zcomp. = Start:12:29.3,

• Zcomp. - average daily salary;
• Beginning - yearly charges.
• If the term is partially fulfilled:

Zcomp. \u003d Initial: (29.3 * Mfull + 29.3: Dcalend. * Two.),

• Mcomplete - number full months;
• Dkaland. - the number of calendar days of the month worked partially;
• Two - the number of days of the exit period in the month worked out partially, including weekends, holidays within this period.

Billing period: from September 2017 to August 2018. Sinelnikov worked for a full 11 months. In March, the working time was (from 13 to 21 sick): 31 - 9 = 22 days.

Accruals for labor: 626053 rubles.

Average earnings will be: 626053: (29.3*11 + 29.3:31*22) = 1824.73.

Compensation for unused vacation

Comp. = Zcomp.*Dcomp.,

• Comp. - compensation;
• Dcomp. - Compensated vacation days.

From 12/10/2015 to 12/09/2017 - 2 years;

from 12/10/2017 to 09/09/2018 - 9 months;

from 09/10/2018 to 09/17/2018 - 8 days, we discard them: this is less than 15.

The number of days off equal to 14 or less per year is not excluded from the working time (we have 5).

Sinelnikov earned:

2*28 + 9*2.33 = 76.97 vacation days, rounded up to 77.

Spent 56 days.

Remaining unused days:

77 – 56 = 21.

We calculate compensation (we take the average daily earnings received earlier):

21*1824,73 = 38319,33.

Let's make a full calculation: we summarize the salary, severance pay and compensation:

28765 + 57870,34 + 38319,33 = 124954,67.

When are they paid

The administration must make a final settlement with the worker upon dismissal, paying him all the due amounts on the day the employment contract is terminated (part 1 of article 140 of the Labor Code of the Russian Federation).

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In the event that a company or institution is terminated, it is necessary to calculate the earnings for the person leaving. Today, many are interested in how long they should calculate upon dismissal. It can be noted that in this case, payroll is required for those days in the month that he worked before leaving his position, as well as compensatory deductions for the vacation he took advantage of. 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 issuing a dismissal is the Order, according to which the employment agreement is terminated. Such a document is also the basis according to which it is necessary to calculate everything that the employee is legally entitled to. The publication of such an order is carried out in a specific form of maintaining personnel documents approved by the State Statistics Committee (the so-called T - 8 a).

When an employee leaves, all payments are finally calculated in strictly specific terms. They are defined by Article 140 of the Labor Code and must be carried out no later than the day when the employee is dismissed. This is always the last day when a person is present at work.

Although there are some exceptions: in particular, when the employee, in fact, did not appear at work. Although, according to the law, his position is reserved for him. In the case when the employee did not work on the last day, then payments must be made no later than the next day immediately after the person makes demands that he be fully paid off.

Sometimes it happens that officially on the day of dismissal a person is not present at his place and cannot pick up the calculation. In this case, he can come for him when it suits him and get cash no later than the day following the application. If the management and the employee of the company or departmental institution do not agree on the amount that must be paid in the event of dismissal, then the employee can file a complaint directly with the labor inspectorate and file a corresponding lawsuit 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 the transfer of all necessary compensation is carried out to his account after the end of the vacation period or period.

severance pay

After dismissal, severance pay is accrued

In accordance with the law, in the event that an employment relationship is terminated, a person is paid a severance pay. Its calculation is carried out in the amount of the average monthly. Additionally, the average monthly salary is maintained for the period of his subsequent employment.

As a rule, the terms of such payments are no more than 2 months from the moment when the employee was fired. They are paid in the following cases:

1. reduction in the number of specialists of the enterprise;
2. 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 carried out to the dismissed employee, regardless of his subsequent employment. The payment of the average salary in the 2nd month is carried out to the 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 2nd month, he must prove that he still does not work. In particular, he can present his own work book. It should not be written that he got another job.

There are also specific circumstances in accordance with which the average salary for employees is maintained in the 3rd month. This is possible if the Citizens' Employment Service decides so. Moreover, the employee is required to register there no later than the 2-week period of dismissal.

In the event that the labor exchange does not find work for a three-month period, then the average earnings will be kept for the person. In this case, in order to receive the average monthly salary, the 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 a severance pay in the amount of two weeks of 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 recognized as completely incapable of work activity according to the conclusion of doctors;
• 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 is salary calculated during retirement?

Registration in the Labor Office is a must!

If a person quits, then the employer on the last day is obliged to issue him the following documentation:

1. certificate (2 - personal income tax);
2. salary statement so that benefits can be calculated.

In addition, if an employee applies in writing with a statement, then he is supposed to issue duplicate documents that are related to work: duplicate orders stating that he was hired or fired, moved to a specific area or to another; certificates of earnings, insurance premiums that are accrued and actually paid, and so on.

can lead specific example, in what period should the resigning employee be calculated. Suppose he was fired on November 19, 2015 due to the fact that he was called to army service. Based on this, the final salary is calculated.

• First you need to calculate the salary for an incomplete month. The monthly salary is 25 thousand rubles.
• November salary = monthly salary / number of shifts worked x number of shifts 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 use, and therefore 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 prescribed in the Labor Code.
• Severance pay = average daily annual salary x 10 work shifts. = 853x10 = 8532 rubles.

It should be borne in mind that severance pay is not subject to personal income tax.

The final total is calculated as follows = Salary + Vacation Compensation + Severance Pay - (Salary + Vacation Compensation) x 13 percent. As a result, the employee will receive a settlement in the amount of 35,450 rubles on the day of dismissal.

Calculation of the deceased employee and payments in an increased amount

If the employer has not paid the calculation of the employee who quit by the day of death, then he must transfer the necessary funds:

• employee;
• dependents of the employee whom he supported before he died.

The money that is due to the deceased employee is issued after the documentation is 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 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 payments made in an increased amount. Here, persons to whom they are obliged to transfer funds after can receive amounts over size three earnings, if it was established by the employment contract.

Authorized persons issuing the calculation carry out all the necessary calculations in advance. Accounting specialists calculate the average monthly salary of a laid-off employee. All funds paid to the employee must fully comply with the officially approved tariff parameters of payment. They are established taking into account the severity of the work performed by the employee and depending on qualification level. The increased amount of payment is made for the following groups of persons:

• workers employed in hazardous and hazardous industries;
• employees working in special climatic zones;
• persons working overtime;
• persons working on non-working days, as well as at night.

How calculations are carried out upon dismissal, you can find out from the video:

The legislator clearly regulated the terms of settlement with an employee upon dismissal. Violation of the procedure established by the Labor Code of the Russian Federation can bring not only administrative responsibility to the head, but also bring him to the dock. Now, late payments are subject to liability up to criminal. Not only the employer, but also the chief accountant of the enterprise can be punished.

If an employee wrote an application for termination of an employment contract based on their desire, the company is obliged to pay him:

• wages for all days until dismissal
• compensation for unused vacation
• due incentives and bonuses

When do I need to make a full settlement with an employee?

There are 2 basic rules for conducting settlements with a retiring person:

• issuing a full invoice and work book last day of work
• settlement with an employee after the end of the sick leave
• performance of duties before leave with dismissal

It turns out that there is no single calculation option, but it all depends on the nuances. If an employee goes on vacation with subsequent dismissal, then the settlement at the dismissal of his own free will is issued simultaneously with vacation pay, since the last day of vacation will be the last day of work.

If the employee wrote a letter of resignation with working off, and then fell ill, then payments upon dismissal of his own free will are possible only when he recovers and comes to the service to complete all the documents and receive money and a work book.

In all other cases, when the dismissal of an employee was not combined with annual leave or official sick leave, the employer is obliged to pay him off no later than the end of work, that is, the last working day at this enterprise.

What is fraught with violation of the terms of settlement with an employee upon dismissal?

If for some reason the employer (enterprise or entrepreneur) delayed settlement payments, you can complain about the violation of labor law to the following authorities:

• Inspectorate for the Protection of Rights in the Sphere of Labor and Employment
• Russian prosecutor's office

As a rule, the court takes the side of the worker, strictly following the regulations prescribed in the Labor Code of the Russian Federation regarding the rules for termination of employment for different grounds including voluntarily.

Payments upon dismissal at will 2017 with a 2x2 schedule

It is not rare that there will be dismissal and working out according to the 2/2 schedule. Traditionally, all instructions are developed for the working schedule of 5 working days on 2 days off. With such a classic employment, the employee is obliged to work 2 full weeks from the date of notification of the employer about the upcoming dismissal of his own free will.

What about those whose work schedule does not involve working all week from Monday to Friday? Do they need to work 14 days in order to finally receive legitimate payments after being fired at their own request. Do they also have to work 2 weeks of 8 full hours or do they have a different work schedule?

The law gives a clear answer: the calculation of an employee upon dismissal of his own free will with a 2x2 schedule will also be made in 2 weeks. At the same time, the legislator does not oblige the employee to be strictly at the workplace. The working regime may include vacation, sick leave, time off, or the employer may refuse to work out at all by agreement with the employee.

Features of calculating compensation for non-vacation leave

As the law dictates, a full settlement upon dismissal of one's own free will includes not only wages, but also vacation compensation. When calculating payments for non-vacation days, the following nuances must be taken into account:

• if the employee has vacation days for more than 2 years, only those that relate to the last two reporting periods can be compensated: the current year (full or incomplete) and the last
• employee will receive full size compensation payments, if at the time of dismissal he actually managed to work in this organization for a period of at least 11 full months
• in the case when the vacation was taken by the employee in advance, upon dismissal, he is not only not entitled to compensation, but the amount of vacation pay issued by the advance method will also be withheld.

IMPORTANT: deductions from the calculation upon dismissal cannot exceed 20% of its value in accordance with the norms of Article 137 of the Labor Code of the Russian Federation.

Additional payment after dismissal of one's own free will

In addition to wages and vacation compensation, some categories of citizens are entitled to the following types of payments:

• awards for local acts
• allowances for harmful conditions
• thirteenth salary
• seniority allowances
• privacy premiums

IMPORTANT: non-payment of the due remuneration when calculating the dismissed is equated with a delay in wages and is also punished severely, up to criminal liability.

Strict limits are fixed by the legislator for the implementation of dismissal payments. Not later than the day of dismissal, a full payment must be made with the employee. This is evidenced by the text of article 140 labor code. But there are exceptions to the regulated situations:

• If the employee was absent from work on the last working day, he should be given a payroll upon dismissal of his own free will on the next day after his request
• When the dismissal of an employee is issued simultaneously with a two-week vacation and the last working day corresponds to last day vacation, all payments are issued before the vacation
• If all calculations for wages, vacation pay and compensation at the enterprise are made to a bank account, it is necessary to send payments upon dismissal without any delay even if there is no employee

PLEASE NOTE: if there is a dispute between the employer and the employee over the amount of payments, the money that is not involved in the dispute must be transferred within the specified period, since there is certainty about them.

The amount of the employer's liability for delays in payments

Late payment of remuneration upon dismissal may ultimately lead to its increase due to penalties due. This is the liability of the employer to the employee for failure to fulfill his duties. The law defined its size as 1/300 of the refinancing rate. A penalty is charged for each full day of delay, starting from the day following the dismissal. This calculation procedure upon dismissal of one's own free will is enshrined in article 236 of the Labor Code of the Russian Federation.

Mandatory payments of the employment center

It is important for a leaving employee to know not only how the salary is calculated upon dismissal of his own free will, but also what payments he can count on in the future. We are talking about social benefits of the employment center. They are specially designed for those who quit, including on their own initiative or to reduce the number or staff. The same compensations are also due in case of liquidation of enterprises, it is enough to register as unemployed in a timely manner and to be registered at the labor exchange in a timely manner.

IMPORTANT: To be eligible for job center payments, you must have been employed for at least 26 full weeks Last year before applying for official assistance.

The amount of the grant will be as follows:

• 3 first months - 75% of past earnings
• the next 4 months - 60% of wages
• from 8 to 12 months - only 45% of the salary
• over 1 year - minimum unemployment benefit

How often are benefits issued at the employment center?

The accrual of the calculation upon dismissal of one's own free will and the long-distance application for benefits allows you to receive financial assistance on a monthly basis for a significant period. And only after a year the benefit will be equal minimum size. Prior to this, the dismissed person can count on a percentage of his previous salary.

PLEASE NOTE: for 18 calendar months, the payment of benefits cannot exceed the full 12 months, and the maximum and minimum limits are fixed by the state.

As you can see, the legislator very clearly regulates the calculation of the employee upon dismissal of his own free will. Its goal is to protect the resigning employer from the arbitrariness of the employer as much as possible.

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