How should payroll be paid upon dismissal? An example of calculating dismissal at one's own request

After the employee and employer have completed labor Relations, there remains an important procedure - obtaining documents and funds due. So, let's look at how long it takes to pay the dismissal payment.

What is included in the calculation?

Before answering the question of how long it takes to calculate after dismissal, let’s consider what the concept of “final payment upon termination of an employment contract” means. It includes the following payments:

salary for actual days worked;
compensation for unused vacation or vacation pay if a person goes on vacation with subsequent dismissal;
other payments (for example, severance pay if an employee quits due to staff reduction).

Within how many days should the salary payout be paid upon dismissal?

The answer to the question of how many days in advance should be calculated upon dismissal is contained in Art. 140 Labor Code of the Russian Federation. According to it, the employer is obliged to pay the employee the money due on his last day of work at the enterprise. If for some reason the employee does not show up for workplace on the day of dismissal, then cash should be issued no later than next day after the dismissed person contacts the administration of the enterprise with a demand for payment. In response to his request, the manager must ensure timely transfer of funds.

It is worth noting that in most organizations it is customary to transfer funds to employees to bank cards opened as part of a salary project. Therefore, as a rule, salary card holders do not have any problems - they receive money non-cash. Even if the worker was unable to appear at the enterprise on the last working day, he will receive payments.

Surely everyone who is fired is worried and counting the days after dismissal: how many days later should they give the paycheck if the employee is not satisfied with the amount of payment received? The law says this: in the event of a dispute, the boss must pay money in an undisputed amount on the day of departure. Questions regarding the remaining portion will be resolved in court or at the labor inspectorate, at the request of the employee.

Non-standard situations

Particular attention should be paid to non-standard situations. In what period is the employer obliged to pay the settlement if the day of termination of the contract falls on a worker’s day off or an administration rest day? Let's look at them.

Within what time must payment be paid upon dismissal if the employee and the administration have a day off? In this case, funds should be issued on the date indicated in the application as the day the warning period expires. Or it can be done before the event occurs. That is, if the application for resignation indicates June 30 (Saturday), the person resigning should transfer the money and return it work book possible on the 29th (Friday).

If the administration has a day off. This situation is possible if the employee works in shifts. In this case, the contract termination day may fall on a Saturday or Sunday, which may be a holiday for the HR and accounting departments. When will the money be issued in this case? Art. 84.1 Labor Code of the Russian Federation states that the worker must be given funds and a work book on the date specified in the resignation letter. Therefore, the manager will have to involve an accountant and a personnel officer to work on a day of rest (for this they are also entitled to wages in double size or the right to time off (see letter of Rostrud dated June 18, 2012 No. 863-6-1).

If the employee has a day off. If an employee works shift schedule, the date of dismissal may fall on his day off (which is a working day for the administration). The problem is solved simply: the head of the company must invite the dismissed person to the enterprise on his day off in order to pay him money and give him documents.

Employer's liability

If the employer has ignored the legal requirements regarding the period for issuing funds, then according to the provisions Art. 236 Labor Code of the Russian Federation he must pay compensation for each day of delay in the amount of 1\150 of the key rate of the Central Bank of the Russian Federation in force during the period of delay.

He also bears administrative responsibility for Art. 5.27 Code of Administrative Offenses of the Russian Federation. The fine for late payments to employees is:

For officials— from 20,000 to 30,000 rubles. (including with disqualification for up to 3 years);
for individual entrepreneurs - from 10,000 to 30,000 rubles;
for legal entities - from 50,000 to 100,000 rubles. In some cases, even criminal liability is provided for officials.

Many people, thinking about it, decide to open their own business. To do this, they need to choose a legal form and go through state registration. Otherwise, they are in danger, so the regulations of Federal legislation must be observed. Almost all legal entities and individuals use the labor of hired workers, who are obliged to pay wages and other benefits. If for some reason an employee decides to resign for at will, subject entrepreneurial activity must carry out all calculations with him on the last day of work.

The procedure for voluntary dismissal in 2017

All relations between employees and employers are regulated by the Labor Code of the Russian Federation. If an individual makes a decision, then he needs to submit an application to the manager. This procedure must be carried out in accordance with the regulations of Articles 77, 80 of the Labor Code of the Russian Federation. Termination of the employment contract between the parties can be carried out 2 weeks after the official notification of the employer. Federal legislation describes situations in which an employee can resign of his own free will without working off.

Advice: after the expiration of the 2-week period established by law for working off, a corresponding entry is made in the work book of the resigned employee. On the last day of working with it, all calculations must be carried out.

Payments that employers are required to make when dismissing employees

In accordance with the norms of the Labor Code of the Russian Federation, employees who decide to resign of their own free will must be paid wages for the time actually worked, vacation pay and those provided for by law and internal regulations allowances. Former employee does not have the right to claim compensation payments in connection with the voluntary loss of position.

Payment of wages

In the event that an employee has worked for a full month, he must be paid a salary in the amount of the approved salary.

If the accounting department has to make calculations for a part-time working month, then you need to use the formula (salary: number of working days * number of actual days worked).

Example. Storekeeper Ivanova E.P. filed a letter of resignation of her own free will on October 24, 2016. According to the employment contract, her salary was set at 22,000 rubles per month. In accordance with the schedule approved by the enterprise, there were 21 working days in October. In fact, this month the storekeeper worked 16 days, for which the company must pay her. Calculus wages will be carried out as follows: 22,000: 21 * 17 = 17,809.52 rubles.

Advice: The employer must withhold all taxes approved by Federal law from accrued wages. The Tax Code of the Russian Federation describes.

Compensation for unused vacation

If the resigning employee was not on vacation, he must be paid compensation. To do this, it is completed in 1 working day, and all required allowances and bonuses are taken into account. The amount obtained during the calculation process must be multiplied by the number of vacation days.

To calculate for unused vacation, you should use the formula (income for the year: 12 months: average number of days in a month (29.3) * number unused days vacation).

Example. Storekeeper Ivanova E.P. has a legal right to 28 days leave. On the date of dismissal, she had worked for the company for 6 months (full) of the year that will be used in calculating vacation pay. The accountant needs to make the following calculation, which will determine the number of vacation days due to the resigning employee (28 vacation days: 12 calendar months * 6 months worked in the working year = 14 days). The storekeeper's total income for the six months was 250,000 rubles. The calculation of compensation for unused vacation days is carried out as follows (250,000 rubles: 12 months: 29.3 * 14 days = 9,954.49 rubles).

When making calculations, the accountant must take into account some nuances:

If an employee has already taken vacation during the working year, then he is not entitled to compensation (Article 137 of the Labor Code of the Russian Federation).
Compensation for unused vacation can be paid to an employee who has worked at least 11 months in a working year.
If an employee at the time of voluntary dismissal has unused vacation days for different years, then payment will be made only for the days of the current and previous working years.

What other payments can be made?

Upon dismissal of his own free will, the employee must be paid all allowances and bonuses accrued during the working year. If a civil servant decides to leave his position, then his organization is obliged to settle the following with him:

for maintaining confidentiality;
for length of service;
for completing important tasks;
for work in difficult conditions etc.

Advice: when making settlements with resigning employees, employers should not forget that all payments provided for by Federal legislation are subject to personal income tax at a rate of 13%.

Deadlines for settlements with resigning employees

The procedure for making payments to employees who resign at their own request is regulated by Article 140 of the Labor Code of the Russian Federation. There are several nuances in this matter that managers should be aware of:

If the employee has reached certain agreements with management, on the basis of which he was sent on a prescribed vacation before dismissal, then in this case the final payment to him should be made on the day before the vacation.
If an organization uses bank plastic to make payments to employees, then the final payment to the resigning employee must be made on the last day of work, regardless of whether he is at the workplace or not. Funds (in accordance with the regulations of Article 140 of the Labor Code of the Russian Federation) are transferred to his card.
If an employee is absent on the last day of work, then the accounting department must make a final settlement with him for all payments one day after receiving the corresponding request from him. It is worth noting that if an employee was sick, a separate payment must be made to him during this time. In this case, it is taken into account in accordance with the norms of the Labor Code of the Russian Federation.

Advice: when making payments with an employee who presented a certificate from medical institution, confirming his absence from the good reason, the deadlines established by law for payment of wages must be observed. All the details regarding payment sick leave, are reflected in Article 140 of the Labor Code of the Russian Federation.

What payments should the Employment Center make to an employee after dismissal?

If an employee, after leaving the company, of his own free will, decides to register for unemployment, then, in accordance with the regulations of Federal legislation, he can count on receiving benefits from the state. For this, the main condition must be met. Before registering for unemployment, an individual must be officially employed for Last year for 26 weeks.

An employee who quit at his own request can receive payments from the Employment Center (calculated as a percentage of the average earnings accrued over the last 3 months):

During the first three months in the amount of 75%.
Over the next four months at a rate of 60%.
Over the next five months in the amount of 45%.
In the future, the individual will be paid the minimum benefit amount (the coefficient established for a specific region will be applied).

Calculation procedure for voluntary dismissal

If the employer does not want to make calculations for an employee upon dismissal at his own request within the time limits established by law, then the employee can base his demands on the effect of Article 80 of the Labor Code of the Russian Federation. In accordance with the regulations of Federal legislation, the head of an organization does not have the right to delay payments, even if his employee has not completed an important task (or there are claims against him for undelivered inventory items).

If the employer, under any pretext, does not make a final settlement with the resigning employee, then the individual should contact the HR department with a statement in which he must indicate that he refuses to collect the work book until a full settlement is made with him. Such an appeal must be drawn up in 2 copies (1 copy with an acceptance mark must remain with the employee). From that date it will be considered that the individual cannot find employment in a new place due to former employer. The employee has the right, given to him by Article 234 of the Labor Code of the Russian Federation, to go to court and demand compensation, the amount of which should be equal to the average earnings for each missed day.

Responsibility of the employer for violation of the procedure and terms of payment

If the company’s management does not want to fully settle the settlement with an employee who has decided to resign of his own free will, then the labor inspectorate can be involved in resolving the conflict. After the inspection, the commission will decide whether to impose penalties on the violator of the law. In accordance with the regulations of Article 236 Labor Code Russian Federation, the employer will be liable for delays in payments due to an employee upon dismissal financial liability. The calculation of the financial sanction will be carried out in the amount of 1/300 of the refinancing rate. It will be charged for each day of delay. If after contacting the labor inspectorate the situation does not change, then the employee has the legal right to judicial procedure demand due payments from the employer.

Termination of employment relations is a process regulated by the Labor Code Russian Federation. By law, upon dismissal, the employer is obliged to make a full settlement with the employee, calculating the due amounts for wages and other remunerations, as well as withholding taxes and other obligatory payments.

Payment upon dismissal is made within a strictly defined time frame, and it cannot be delayed. The slightest delay in paying the due monetary compensation threatens the employer with serious penalties from the inspection authorities.

The dismissal procedure is carried out in in the prescribed manner, which, in terms of the period of preparation for termination of the contract, has some differences depending on who exactly initiated the break.

You can terminate your employment relationship by:

Initiative of the employer.
At the request of the employee.
By agreement of the parties.
Sometimes dismissal is not initiated by anyone, but becomes a side effect of special circumstances. For example, when reinstating a former employee to a position or in guilt situations.

Each case has its own set deadlines for dismissal that should be taken into account. The time frames are especially strictly regulated when the employer or employee makes the sole decision to interrupt further cooperation. In this case, both parties are given time to find new job or find another employee to fill the vacancy.

The established time frame for leaving a position does not affect the term in any way final settlement with the person leaving. It is always made on the day the employee leaves.

What day is considered the day of dismissal?

And the reasons for termination of the contract and the terms of “working off” may be different, but the day of dismissal is always considered the last day of work in the organization. This rule is established in Article 84.1 of the Labor Code of the Russian Federation. This does not mean actual presence, but the date indicated in the dismissal order and written in the work book.

On the last day, the person being dismissed must work a full shift and receive payment for it, regardless of who initiates the termination. Although the time of dismissal is indicated in the Labor Code, it is not always as clear as it seems at first glance. Sometimes the termination of an employment relationship takes place in a very short time, for example, an employee is fired for absenteeism or gross misconduct labor discipline. Also, by virtue of an agreement between the parties, a break can be completed within one or two days. But all this does not negate the fact that the date indicated in the work book as the last one must be worked as usual.

If an employee is absent from work

There are often cases when an employee is not at work on a specified date. This can happen for several reasons:

The person being dismissed is ill and remains on the ballot.
The citizen took days at his own expense, unwilling to fulfill his duties or unable to do so.
The employee went on vacation and was subsequently fired.
Absenteeism recorded.

In each case, the date of termination of the contract is considered to be the day specified in the order.

Theoretically, the dismissed person is obliged to appear on the specified date to receive personal documents in hand, but even this point may vary. The Labor Code provides for a situation when an employee does not come for documents, on his own initiative or simply not being able to do so. The employer is obliged to immediately send a letter to the dismissed person, inviting him to appear in person for the papers or to give permission for postal forwarding.

Whether the employee was present on site on the date of dismissal or not, the procedure itself is carried out precisely on the last work shift and not earlier. This procedure is due to the fact that before this everything can change and the termination of the relationship will be canceled at the request of the parties or for other reasons.

Salary and bonus upon dismissal

The payment terms for the termination of employment relations are determined by Article 140 of the Labor Code of the Russian Federation. It implies two possibilities for making payments:

If the employee worked his last shift, then all amounts due are paid on the date of dismissal.
If a person was absent from the workplace at the time of termination of the contract, then payments are made the next day after the presentation of demands for their receipt on behalf of the dismissed person.

To avoid troubles with inspection authorities, employers try to adhere to the first point in all cases. Moreover, if the dismissed employee received payments to a bank account and not in cash. But the second method is not a violation of the law if there are grounds for its use.

The calculated amounts consist of several blocks, but the main ones are wages and bonuses. The first thing you need to start with when counting estimated compensation, is to calculate how much the employee earned for the time that he worked since the last calculation on the date of leaving the company.

Counting order

Salary and bonuses are calculated in the same ways as during permanent work:

It determines how many shifts were worked; a time sheet is ideal for this. The last shift must also be taken into account.
Based on the required salary, hourly rate or other basis, earnings are calculated for the specified days.
Bonuses are calculated separately. Please note that it is not always possible to calculate and pay them at the same time. Some bonuses are given only based on the results of periods worked, so transfers can be received even after a person leaves the organization.
From the amounts received, personal income tax is calculated at 13 or 30%.
If the person resigning is an alimony recipient, then alimony or other amounts are also deducted from him under writs of execution.

The result of the calculation should be the amount that should be transferred to the employee’s card or given in cash.

Do not forget that salary and bonus are not the only payments that are due upon dismissal. In addition to them, vacation compensation and sometimes severance pay must be calculated.

Compensation for unused vacation

The compensation must be calculated and paid along with the salary on the day of dismissal. This calculation is mandatory, but does not always mean the accrual of additional funds, and sometimes results in deductions.

Leave is required by law for all workers. Its duration in the Russian Federation cannot be less than 28 days, and for many categories it increases due to the provisions provided by law additional holidays. The individual amount of rest is prescribed in employment contract. You can take vacation periods at any time, and only the first year of work in an organization has some restrictions in this sense.

Compensating for rest days in normal working hours is quite problematic, because there is a rule that employees must take regular rest, at least the required minimum. But upon termination of the relationship, all unused vacation is compensated in money. Special formulas are used to calculate the amount due.

Calculation formula

Compensation for unused vacation periods is calculated using a special formula developed by the Ministry of Labor.

KO = TO * SDZ

KO - compensation for vacation;

TO – the number of days not taken off work due under the contract;

SDZ is the average daily earnings of the dismissed person.

All indicators are individual and are calculated exclusively on the day of full calculation.

For people who do not have specialized knowledge, there are special sites on the Internet that offer calculation calculators that allow you to obtain the final numbers automatically. To use it, you must have all the initial data.

Number of unused vacation days

Find out how many days of paid rest a specific employee is entitled to by law. To do this, you need to check the terms of the contract, which should not contradict the law and internal regulations.
The established duration corresponds to one working year, which begins its calculation from the moment a citizen is hired for a position.
We divide the vacation period by 12 months to find out how many days of it fall in one month. Calculations are rounded to two tenths after the decimal point.
We multiply the resulting figure by the number of months that were worked in this working year. Please note that vacation is calculated based on months worked. The last months (hiring and dismissal) are considered as follows: if an employee worked more than 15 days in a month in calendar terms, then he is counted as full-time; if less, then he is taken as incomplete and is not counted at all.
The resulting day number is rounded to a whole number, using generally accepted rounding laws.

If an employee has already taken several days of paid rest during this period, then they are subtracted from the total figure.

Average daily earnings

The second indicator, which cannot be avoided when calculating, is the average daily salary. It is important to remember that we are not talking about the average monthly income, but rather the average salary for one day.

Average daily earnings upon dismissal are calculated as follows:

All income for the last 12 months is taken. Of these, only those that are payment for labor and were not issued as assistance or as a benefit are taken into account for calculation.
The annual salary is divided by 12 months, resulting in an average monthly figure.
Average monthly income is divided by 29.3. This figure is considered the average of days in a month.

The result of the calculations is an individual income figure, which is the amount of compensation for one day of no time off. vacation period.

Severance pay

In some cases, upon termination of employment agreements, the employee, among other things, is also entitled to severance pay.

Such cases are considered:

Liquidation of an enterprise when all employees quit.
Reduction of staff when only certain individuals are subject to the procedure.
If there are medical contraindications to continue labor activity in the organization or in this position.
In case of complete loss of ability to work due to the fault of the employer.
If the employer changes the terms of the contract, but the hired person does not agree with this.
After being drafted into the army or to alternative duty stations.

In addition, severance pay may be assigned in accordance with internal rules, established by the employer, as well as in the event that the termination of the relationship is made by mutual agreement with the condition of receiving certain compensation payments.

Amount of money

The amount of cash benefits depends on many criteria and factors.

The reasons for ending the relationship are decisive. It is also very important whether the amounts of compensation are specified in the internal local documents organizations and are there any additional criteria calculation. Most often, benefits are accrued for one, two or three subsequent months, but labor legislation does not prohibit accruing it for longer periods of time. It is worth considering that when paying benefits for up to three months, personal income tax is not calculated on it, but if this threshold is exceeded, the employer is obliged to calculate income tax.

When calculating benefits, two values can be used:

Salary or tariff rate.
Average monthly earnings of the dismissed person.

Whatever the calculation value is accepted, it is multiplied by the number of months that must be compensated and paid on the last day of work along with wages, bonuses and vacation pay.

What to do if payments are late

Article 140 of the Labor Code of the Russian Federation establishes clear deadlines for payments, and failure to comply with them threatens with serious consequences for the employer. In case of untimely accruals, it is the person being dismissed who suffers first of all, because he does not receive the money on time, and this, of course, affects him negatively. That is why the injured citizen himself has the primary responsibility to protect his rights.

The first thing to do if payments are delayed is to contact the employer himself, even if he is a former one, and find out why the money was not received on time. Sometimes purely technical problems arise that can be easily resolved with mutual cooperation. If the issue is not resolved in this way, then you should seek protection of your rights from other authorities that are designed to protect the rights of workers.

It should also be remembered that each day of delay must be compensated by the employer, in accordance with Article 236 of the Labor Code of the Russian Federation.

This type of penalty is assessed voluntarily by the employer without the need to go to court. A penalty is provided for each day of delay in the amount of 1/150 of the Central Bank refinancing rate on the day of payment. The stated rate applies to the entire unpaid amount.

Responsibility for violation of payment deadlines

The employer's liability for late payment is not limited solely to penalties.

Management of the organization that has corrected the norm labor legislation attracted to administrative responsibility in accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation. It is expressed in the form of fines, which vary depending on who exactly is found guilty of the violation:

Legal organizations receive fines from 30 to 50 thousand.
Individual employers, such as individual entrepreneurs, are subject to minimum sanctions in the amount of one to five thousand.
When punishing officials, we are talking about fines ranging from 10 to 20 thousand rubles.

The same article of the Code of Administrative Offenses of the Russian Federation stipulates that a repeated violation may allow double penalty tariffs to be applied to companies.

How to hold an employer accountable

You can attract a negligent employer through higher authorities, which are called upon to respect human and employee rights. In this case, you should contact one of three authorities:

Labour Inspectorate.
Prosecutor's office.

You can send an application to any of the specified organizations without observing a special hierarchy in filing complaints. But it should be understood that the claims made must be supported by something, especially if we are talking about the court. An application is submitted to the court only when there are documents on hand confirming the failure to make payments. The minimum package of documents will be a certificate from the bank confirming the absence of transfers during the specified period. In order to provide the judge with as much evidence as possible, you should first contact the labor inspectorate, which will not only conduct an inspection, but will also be able to help collect more paper evidence.

What does it mean to resign on your own initiative?

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

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

All these conditions, and one should not exclude 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 established?

The basic rules for dismissing employees who have made this decision themselves are enshrined in Article 80 of the Labor Relations Code. According to this article, the employee must writing give your employer two weeks' notice of dismissal.

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

If both parties to the employment relationship do not mind, the employment contract can be terminated earlier.

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

Although this type dismissals are regulated by Article 80; an entry in the work book is made on the basis of paragraph three of Article 77 of the Labor Relations Code.

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

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

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

When is the final payment made upon dismissal?

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

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

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

Who gets fired without a period of 2 weeks?

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

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

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

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

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

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

Is severance pay paid?

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

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

How is vacation pay calculated?

This compensation is paid if the employee did not use this year your legal 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 attended by the employee for all reasons.
Let's determine 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.

Deadlines for payment of compensation upon dismissal

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

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

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

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

If the employee is not paid upon dismissal, then the law, namely Article 236 of the Labor Relations Code, stipulates that the employer must pay compensation for each day of delay. It is equal to 1/300 of the refinancing rate of the Central Bank of the 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 overdue days

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

Responsibility for non-payment of wages upon dismissal

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

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, the settlement amount has not been paid in full. If the debt is partial, then liability occurs after three months of delay.

Administrative and criminal liability for late payment of settlement?

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

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

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

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

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

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

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

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

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

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

In the event that a company or institution is terminated, it is necessary to calculate the earnings for the resigning person. Today, many people are interested in how long they should calculate when leaving a job. It can be noted that in this case, salary accrual is required for those days in the month that he worked before leaving office, as well as compensatory contributions for the vacation that he took. 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 filing a dismissal is considered to be an Order in accordance with which the employment agreement is terminated. Such a document is also the basis according to which everything that is legally due to an employee must be calculated. The issuance of such an order is carried out in a specific form of administration personnel documents, approved by the State Statistics Committee (the so-called T - 8 a).

When an employee resigns, all payments are finally calculated within a strictly specific time frame. They are defined by Article 140 of the Labor Code and must be fulfilled no later than the day the employee is fired. 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 show up for work. Although, according to the law, his position was retained. If the employee did not work on the last day, payments must be made no later than the next day immediately after the person makes a claim in order to be fully paid.

Sometimes it happens that a person is not officially present at his place on the day of dismissal and cannot collect the payment. In this case, he can come for it when it is convenient for him and receive the funds no later than on the day that follows the application. If the management and employee of a company or departmental institution do not come to a common opinion regarding the amount to be paid in the event of dismissal, then the employee can file a complaint directly with the labor inspectorate and file a corresponding 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 on vacation, then all necessary compensation is transferred 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 event that an employment relationship is terminated, a person is paid severance pay. Its calculation is carried out in the amount of the average monthly. Additionally, the average monthly salary is maintained for the duration of the subsequent employment.

As a rule, the terms of such payments are no more than 2 months from the moment 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 is worth considering that the issuance of severance pay for the first month must be carried out to the dismissed employee, regardless of his subsequent employment. Payment of the average salary in the 2nd month is made to the employee only when he has not been hired by the new management.

It turns out that in order for the ex to be paid the average monthly salary for the duration of his employment for the 2nd month, he must prove that he is still not working. In particular, he can present his own work record 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 retained in the 3rd month. This is possible if the Citizens Employment Service decides so. Moreover, the employee is obliged to register there no later than the 2-week dismissal period.

In the event that the labor exchange does not find a job within a three-month period, the person will be retained average earnings. In this case, in order for the employee to receive average monthly salary it is necessary to 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 occurs if terminated labor contract 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 activity according to the doctors' opinion;
the employee does not want to continue working due to the fact that the conditions specified in the employment agreement have changed.

How is salary calculated during dismissal?

Registration in the Labor Department is required!

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

certificate (2 – personal income tax);
a certificate of salary so that benefits can be calculated.

In addition, if an employee makes a written application, he is required to be given duplicate documents that are related to the work: duplicate orders stating that he was hired or fired, moved to a specific location or another; certificates of earnings, insurance premiums that are accrued and actually paid, and so on.

You can cite specific example, in what period the resigning employee should 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, you need to calculate your salary for less than a full month. The monthly salary is 25 thousand rubles.
November salary = monthly salary / number of shifts during work x number of shifts worked.
November salary = 25 thousand rubles. / 20 x 13 = 16,250 rub.
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 shifts of work. = 853x10 = 8532 rubles.

It is worth considering 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 payment in the amount of 35,450 rubles.

Calculation of a deceased employee and payments in an increased amount

If the employer has not paid the employee who resigned 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 documentation has been verified that confirms the rights of the recipients. The enterprise or department transfers all necessary compensation contributions within seven days from the moment the title papers are received.

Persons who are authorized by the employer to pay the employee after dismissal should be aware that amounts transferred to the account of the dismissed employee are not subject to personal income tax and deductions for contributions social insurance. This rule applies to any payments if their size is no 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 the transfer may receive amounts greater than three salaries, if this 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 dismissed employee. All funds paid to the employee must fully comply with the officially approved tariff payment parameters. 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 hazardous industries;
employees working in special climatic zones;
persons working overtime;
persons working on and off days, as well as at night.

How calculations are carried out upon dismissal can be found in the video: