How to calculate payroll upon dismissal. What documents are required

If the contract is terminated, regardless of the grounds, the employee is required to pay all due funds on the day of dismissal.

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How to make the calculation correctly, what needs to be taken into account, what documents to prepare - we will consider all this further.

Normative base

Labor Code of the Russian Federation:

• Art. 178 – procedure for payment of severance pay;
• Art. 140 – payment terms in case of interruption of cooperation;
• Art. 121 – calculation of vacation experience.

Other documents:

• Letter of the Ministry of Finance of Russia dated February 12, 2016 N 03-04-06/7535;
• Letter of Rostrud No. 1519-6-1.

What types of payments and compensation are required?

The enterprise is obliged to reimburse the employee for payments provided for by the Labor Code and regulated by local regulations.

Upon dismissal due to at will V mandatory issued:

• Salary for the period worked. It is provided without fail, even if the employee is dismissed for committing disciplinary offenses. threatens the employer with the need to compensate for the delay (if the employee goes to court).
• Awards- issued according to local documents and constitute a certain percentage of the salary. The amount and terms of provision are prescribed in.
• Compensation for unused rest days. There are cases when a dismissed employee did not have time to take advantage of it, rested partially, or accumulated it. All this is reimbursed by the enterprise in full.

When labor Relations are interrupted at the initiative of the employer, the following are added to the mandatory payments:

• Severance pay– compensation prescribed by the Labor Code of the Russian Federation for the period of employment of an employee. The amount differs depending on the category of citizens. For ordinary employees it is equal to one monthly salary, and for persons holding managerial positions it is paid in triple amount. The law does not prohibit increasing the amount if necessary. Attention: severance pay does not apply to an employee dismissed for non-compliance labor discipline(theft, forgery, etc.), but the final decision remains with the employer.
• Additional compensation. Provided at the initiative of the employer, if provided for in.

Features of calculating payments upon dismissal

Salary

It is determined in special programs (for example, in 1C).

When the employee does not owe the company anything, use this formula:

Salary = SALARY/Dmes x Dotr.,

• SALARY – funds accrued to an employee;
• D months – number of working days in a month;
• D neg. – number of days worked.

From the amount received, income tax of 13% must be deducted.

The employer must also transfer insurance contributions:

• in the Pension Fund of the Russian Federation – 22%;
• Social Insurance Fund - 2.9%;
• in the Federal Compulsory Medical Insurance Fund – 5.1%.

Do not forget to take into account the regional coefficient in regions whose climatic conditions differ.

If necessary, you need to make allowances for employees of the extreme Server. All these payments are provided for by the legislation of the Russian Federation. If an employee owes money to the company, it is deducted from the salary.

Attention: the rate of insurance premiums in Pension Fund is 22% until payments on an accrual basis reach the maximum base.

Then the value is reduced to 10% and payment to the Social Insurance Fund stops. In 2019, funds are credited to the Compulsory Medical Insurance Fund without restrictions.

Example:

Employee of the company "Zvezda" LLC - A.I. Vorobiev filed at his own request on 02/29/2016. The salary is 25,000 rubles, the month was not fully worked - 17 days, since the employee took 3 days. Quantity unused days rest period is 25 days.

The calculation upon dismissal will look like this:

1) Accrued salary:

(25,000 rub.)/(20 days) x 17 days=21,250 rub.

2) Amount transferred in hand:

21250-(21,250 x 0.13) = 18,487.5 rub.

The company also transfers insurance premiums for A.I. to the appropriate authorities. Vorobyova:

• in the Pension Fund of the Russian Federation - 25,000 x 0.22 = 5,500 rubles.
• in the Social Insurance Fund – 25,000 x 0.029 = 725 rubles.
• in the Federal Compulsory Medical Insurance Fund – 25,000 x 0.051 = 1,275 rubles.

Awards

Installed in employment contract or local regulatory documents. They make up a certain proportion of the salary.

The formula for calculation is:

BONUSES=N x SALARY

N – percentage of bonus accruals.

Let's continue looking at the previous example.

Let’s assume that in the employment contract of A.I. Vorobyov is entitled to bonuses in the amount of 17% of his salary.

Then the additional reward will be:

PREMIUMS = 0.17 x 25,000 = 4,250 rubles.

Unused vacation

By law, when an employee is dismissed, the company must reimburse all unused vacation days.

HOLIDAY PAY = Dtd. x ZPsr.d.,

• D department – the number of days of rest required;
• Salary avg. – average employee salary per day.

For a fully worked out billing period, the following formula is used:

Salary avg.=(D year.)/12: 29.4.

In the opposite situation - ZP avg. = (Dyr.)/(29.4 x Mn + Mn),

• D year. – employee’s earnings over the past 12 months;
• Mp. – the number of months fully worked by the employee;
• Mn. – the number of days in an incompletely worked month;
• 29.4 is the average number of days per month, established in 2019.

According to Labor Law, full payment is provided to employees who have worked in the organization for at least 11 full months.

When the duration is shorter, the share of vacation pay is calculated for each day worked.

In this case, HR specialists must take into account two nuances:

• surpluses of less than 15 days are excluded from the calculation;
• The value is rounded up to a full month when going to work for more than 15 days.

In our example, A.I. Vorobyov has 25 days of unused vacation left.According to the 1C system, the employee’s income for the year amounted to 324,000 rubles. Let's say he worked the previous year completely.

Therefore, in accounting they make the following calculations:

1. Salary average = (324,000)/12:29.4 = 918.4 rub.
2. HOLIDAY PAY = 25 x 918.4 = 22,959.2 rubles.

On the day of dismissal, Zvezda must pay A.I. Vorobyov received compensation for unused rest days in the amount of 22,959.2 rubles.

Severance pay

Issued to an employee upon downsizing or liquidation of an enterprise.

It is equal to one monthly salary and is provided for the entire period of employment, but not longer than 2 months.

Example:

The company Bely Volk LLC plans to stop operations from 03/01/2016, and therefore is filing a dismissal of employees. E.I. Kostenko, who works as an economist, receives 27,500 rubles.

In addition to salary for the period worked and compensation for unused vacation, the employee must receive severance pay:

• for March – 27,500 rubles.
• for April – 27,500 rubles.

Bely Klyk LLC undertakes to pay E.I. Kostenko 55,000 rub. for the period of employment.

If upon dismissal of an employee the amount of compensation payments exceeds three average earnings (for employees Far North- six) established in the region, income tax is withheld from the difference.

To do this, all payments are summed up, with the exception of compensation for unused vacation, and personal income tax is calculated from the result obtained.

Example:

The company Antey LLC formalizes the termination of the contract with the head of the sales department G.I. Mityaev. The accounting department accrued monetary compensation in the amount of 57,700 rubles. The average monthly salary of an employee is 15,000 rubles. Determine income tax.

Let's calculate the amount subject to taxation:

57,700-(15,000 x 3) = 12,700 rub.

Let's determine personal income tax: 12,700 x 13% = 1,651 rubles.

The accounting department of Antey LLC must pay income tax for G.I. Mityaev in the amount of 1,651 rubles.

It is filled out by an accountant or HR specialist. Strict adherence to all rules is required.

One side must contain:

• date the employee started working;
• number and date of filling out the calculation note;
• personal data of the employee (full name, personnel number, position, name of the department in which he is registered);
• information regarding dismissal (date of termination of contract, grounds, number and date of order);
• days of unused rest.

At the end of the document, the signature of the HR specialist and the company seal are placed.

The back side is filled out by an accountant.

It reflects the information necessary to calculate the compensation due to the employee: year of the billing period, income, number calendar days, average wage per day, used/unused vacation days and much more.

Under the table, the amount of all due payments is entered in numbers and in words; the accountant who prepared the document must sign.

Filling example:

Example of filling out form T-61 (page 1)
Example of filling out form T-61 (page 2)

The employer's dismissal order is drawn up according to the unified form T-8 or T-8a:

It must indicate the basis for termination of the contract with reference to an article of legislation.

Documents confirming the reason for dismissal (if any) are also attached. The employee must be familiarized with the order against signature. If this is not possible, a corresponding note is made.

Example of filling out an order:

Example of filling out form T-8

(TC) in 2019 is carried out according to the following rules:

• In the first two columns it is indicated serial number and the date of changes in the format 01/01/2016.
• The third indicates the reason for dismissal and the grounds. The wording is prescribed in accordance with the requirements of the Labor Code of the Russian Federation, that is, according to the following scheme: article, part, paragraph.
• The fourth column contains the order details. At the same time, reductions are unacceptable.

There is no clear opinion on the wording of the entry upon interruption of cooperation - allowed different variants: “fired”, “employment contract terminated”, “employment contract terminated”.

Example of filling out the TC:

Sample entry in the labor record

Labor legislation clearly regulates all steps and actions of the employer when dismissing personnel. And if in the case of an employee everything is quite simple: you need to know how legal the dismissal is in a particular case, when the organization is trying to fire an unwanted person, and have basic skills in calculating compensation. Either a personnel officer or a private entrepreneur needs to know all the subtleties of options for terminating an employment relationship. A wealth of knowledge on the basic principles of organizing dismissal and, most importantly, nuances on the financial side of the issue will help the employer avoid litigation and increased compensation payments. Therefore, it is useful for both parties to know what payments are provided for by law upon dismissal. When should it be produced? final payment, and what responsibility the employer bears for his delay.

Final payment upon dismissal - guarantees and payments

The main guarantor that protects the rights of every working Russian is the Labor Code of the Russian Federation. This main act regulating labor relations states that when a person is dismissed, the organization (or individual entrepreneur) where he was employed must necessarily pay him, regardless of the options for terminating contractual obligations:

• wages for all days worked in the current month (or the previous paid period, if the salary has not yet been accrued);
• compensation for vacation days that were not used during employment.

In addition, if the employee’s employment contract specified additional compensation, bonuses or care benefits, they are also paid, but only if they were recorded on paper. If this was not specified in the document, additional material incentives are possible only at the good will of the immediate superior or director of the organization, when the employer wants to reward a dismissed employee.

The following standard material conditions when releasing employees apply to all types of dismissal, regardless of the reason for which the contract was terminated:

• at the initiative of the employee;
• at the will of the employer;
• or by agreement of the parties.

The amount of monetary payments due does not depend on the article of the Labor Code of the Russian Federation under which the dismissal takes place:

• at the employee’s own request;
• or according to the "article".

Dismissal is an emotional moment for both parties, but when calculating it is better for everyone to have a cool head, especially the employer

There is one more important point when calculating the last salary, and it depends on the basis on which the relationship between the employee and the employer is terminated. So, if termination occurs:

• under certain agreements of both parties (agreement);
• due to a reduction in the number of employees or a separate staff unit;
• due to the liquidation of a company or the termination of business activities of a private enterprise, including:
  • voluntary closure;
  • expiration of the license;
  • or bankruptcy of an individual entrepreneur.

In these situations, dismissed employees must be paid the so-called severance pay, in the generally accepted sense - compensation, which more accurately reflects the meaning of this concept. We will deal with this issue in a separate chapter.

There's a lot to know important point, that often at enterprises there is a so-called collective agreement, which prescribes additional preferences for employees; such a document also contains benefits for personnel upon dismissal. This may be a fixed severance pay or an amount as a percentage of the salary.

I recommend that you read this document (if your company has one). Everyone knows that a collective agreement can only contain those items that improve the norms provided for by law: for example, these could be additional days for vacation, bonuses for long service, “holiday” compensation, etc. But the employer does not really like to introduce employees with him, even though it is illegal. At my last job, there was a call agreement, but it was kept as a particularly valuable manuscript, “under seven seals” - in the personnel department in a single copy, it could only be studied there, and it was strictly forbidden to take out the priceless document. I, being the head of the department, studied it, spending almost a whole working day on it, but did not regret it. After all, no one bothered to clarify that, according to this document, wages are indexed annually for certain employees, additional payments for professional holidays and other benefits are allowed for each department, but for this the manager must write memo in the name of the general and get approval, and without this, we work only for a salary. So it seems like there is a call agreement at the plant, but you won’t always be able to get incentives. Ignorance in this case exempts from preferences. Personally, as a manager, I demanded for myself upon dismissal payment for the required 3 extra days for paid leave. With my salary, the money turned out to be quite a lot.

Wages for days worked - instructions and calculation example

Upon dismissal on the last day, the employer issues the employee a salary package along with all due payments.

The first amount on the list for calculation upon dismissal is the employee’s salary. The entire period worked in the current month is taken, including the day the work book was issued. If wage has not been calculated and paid for the previous month (for example, the fourth day of the month), everyone: the immediate manager, the personnel officer and the accountant urgently needs to speed up and make the final calculation. The total amount for the salary should include, in addition to the salary, bonuses, allowances for part-time work, overtime (if recorded), etc.

Typically, the salary calculation procedure is as follows:

1. The first step is to prepare a time sheet. In 2018, the standard form No. T-13, approved by Resolution of the State Statistics Committee No. 1, remains. The use of this template is not an indispensable condition, so HR employees can develop and use their own, one that is convenient for internal reporting. But it should be noted that this form is used in almost all organizations, since it is convenient to work with when automatically processing employee accounting information. When terminating a contract, a separate time sheet is usually drawn up for the person being dismissed; this is done by the employee responsible for the department where the person is registered. It records all the dates when the person was at work, records days off, being on vacation, sick leave, and reflects deviations in the work schedule (lateness, or, on the contrary, overtime, as a rule, only those documented in official memos are taken into account).

   A unified form for a time sheet in form T-13 is an unregulated document for execution, but it is used by almost everyone

2. The second step is to agree on a worksheet for a specific employee. At this moment, the supervisor checks all shifts and dates of absence entered in the accounting document. The document is endorsed and given to the personnel officer or accountant who handles the calculations.

   The report card is usually endorsed by 3 people: the responsible employee who draws up the form, the manager of the person being dismissed and the personnel officer, often the first and second coincide

3. An employee of the settlement department (or an accountant, depending on who is in charge) must make the final calculation for the salary. The standard calculation formula looks simple: the salary upon leaving is equal to the established monthly salary divided by the number of shifts in the billing month. The derived quotient is multiplied by the number of shifts worked by the employee. To this it is necessary to add the amount of the bonus for the period worked, if this is stipulated in the work motivation employee.

   Salary calculations upon dismissal may look like this:

Often private business and small companies ignore the need to keep time sheets, in this case you need to be prepared that problems may arise with calculations that are not supported by documents. If an employee believes that he was shortchanged when calculating final payments, he will need to justify everything. And the Code is unwavering in this case: Article No. 91 of the Labor Code of the Russian Federation states that the employer is obliged to keep records of the time actually worked by each employee.

Among other things, the following should not be ignored from the calculation:

• amounts for overtime, as mentioned above, especially if they were documented;
• for a part-time job formalized (even just by official records), for example, many “correct” employers pay an additional N% for those days when the main employee is on vacation or on leave, and this is fair.

Compensation for unused vacation

Payment of compensation for vacation that was not used by the employee is regulated by Article No. 115 of the Labor Code of the Russian Federation. It states that every employed Russian is entitled to an annual paid leave of 28 days. Thus, it is not difficult to calculate that for each full calendar month a person is entitled to compensation payments in the amount of 2.33 paid days (minimum).

The formula for calculating standard working days subject to compensation for unused vacation will look like this: the number of vacation days not used by a person in calendar days will be equal to twenty-eight standard days prescribed by the Labor Code of the Russian Federation (for a year of work), this is established by regulation. The norm of 28 must be divided by 12 months, multiplied by the number of months worked and subtracted by the number of vacation days already used.

28 / 12 months x number of months worked - number of vacation days used.

An example of calculating unused vacation days would look like this

But this concerns generally accepted norms. At the same time, the accountant must take into account that additional vacation days are also subject to compensation, these include:

• Payments to employees with irregular working hours (according to Article No. 119 of the Labor Code of the Russian Federation). As a rule, in organizations such benefits are paid to directors, heads of departments, as well as employees who, due to production needs, are forced to stay at the workplace. Such a preference is assigned by a collective agreement or certain internal regulations and usually lasts 3 days. And this is beneficial not only to the employee, but also to the employer, because by paying extra for overtime, the organization will lose much more.
• Additional vacation days are given to workers for hazardous production(Article No. 117). Additional leave in this case is a maximum of 7 days.
• Employees working under special conditions are also entitled to additional vacation days.

When the number of due days of compensation is established, the personnel officer, accountant or employee of the accounting department must multiply this figure by the average daily earnings. Let's look at how it is calculated.

2 approaches to calculating average daily earnings

The average daily earnings (ADE) indicator is necessary in two general cases:

• to calculate payments for unused vacation (including upon termination of employment relationships);
• for the purpose of calculating the amounts of severance pay and compensation upon termination of an employment contract.

Based on these goals, calculations are carried out, and the formulas in them differ from each other. Let's look at the options.

The first case is to correctly calculate average For salaries, when calculating the amount of compensation for unused vacation, you need to take the annual amount of the calculated volume of the entire salary as a basis. It must include all payments made to the employee in the performance of his official duties.

It should be noted that the SDZ database cannot include:

• social benefits;
• financial assistance from the employer, for example, one-time payments for a wedding or funeral close relative, encouraging employees on state and professional holidays, etc.;
• subsidies for food, travel to work, vocational training, etc.

To calculate such payments upon dismissal, a formula is applied into which a fixed unified indicator of working days per month is substituted, set at 29.3. This coefficient is used by personnel officers, in accordance with the change in government Decree No. 642 of July 10, 2014, when it was adjusted (from the figure 29.4).

The average daily earnings in this option are calculated as follows: the amount of wages paid for the year / 12 (months) / coefficient 29.3.

Let's give an example:

Let’s say that an employee’s income for the period May - November (7 months) was 40,000 ₽ per month, and for the period of the next five months: December - April - 45,000 ₽ each. To calculate SDZ for vacation days payments, you should:

(40,000 ₽ x 7 months + 45,000 ₽ * 5 months) / 12 months. / 29.3 = 1,436.29 RUR

The second option - calculating the average daily earnings to compensate for severance pay is calculated differently:

The volume of salary and all production bonuses in the billing period (for example, for a full year worked - 12 months) is divided by the number of days actually worked in accordance with the production calendar.

If we take the above salary level, we get another SDZ figure:

(40,000 ₽ x 7 + 45,000 ₽ * 5) / 247 working days a year = 2,044.53 ₽

But you need to take into account an important point when calculating the SDZ - from the number of days in the production calendar you need to subtract the number of days when the employee was on sick leave.

In this case, the calculation formula is adjusted for days of incapacity for work, for example, if during the working year the employee was sick for 15 days (according to the certificate of incapacity for work), it should be calculated as follows:

(40,000 ₽ x 7 + 45,000 ₽ * 5) / (247 days - 15) = 2,176.72 ₽

Thus, in order to receive the final amount of compensation for unspent paid vacation, as well as if the employee has additional paid vacation days, you need to take:

• The balance of days from the main and additional paid leave, which is calculated using the formula:
  • 28 main + for example, 3 additional per year / 12 months, in our case it turns out: 28 + 3 / 12 = 2.58;
  • multiply this coefficient by the number of months a person has worked, for example, a person worked at an enterprise for 7 months: 2.58 x 7 = 18.08 days;
  • and subtract from this the number of days that the employee has already taken off (for example, he took 7 days during this period), what remains is: 18.08 - 7 = 11.08.
• Multiply the resulting amount by the person’s average daily earnings. In our case, if the calculation includes 7 months worked in which a person received a salary, for example:
  • in the first 3 months - 40,000 ₽;
  • and then 45,000 ₽ per month, we calculate:
  • (40,000 ₽ x 3 + 45,000 ₽ x 4) / 7 months. / 29.3 = 1,462.70 ₽.
• Last thing arithmetic operation- multiply the remaining days by SDZ, in our case it will be 11.08 x 1,462.70 ₽ = 16,206.72 ₽. This will be the final amount of the enterprise’s debt for unused days of rest established by law for workers.

How severance pay is calculated - 4 reasons and example of calculation

Severance pay - the so-called compensation - is a one-time payment that is compensated to a resigning employee when leaving work for the following four reasons:

1. If the employment contract contains a clause on mandatory payment of severance pay. Here, as a rule, the document itself contains either a fixed amount, or a period is indicated and average earnings per month.
2. When a company is liquidated (its complete closure), a private entrepreneur is declared insolvent, or in the case when an individual entrepreneur simply ceases its activities and winds up its business (see);
3. When the number of employees in the staffing table or the size of the enterprise is reduced (see the same article, only point 2).
4. When the owner of the organization changes. This applies only to the TOP management of the enterprise: managers and chief accountant. However, for obvious reasons, this is not applicable to individual entrepreneurs (see); .

The first item on the list is governed by the employment contract between the parties.

Payments for the second and third points are regulated labor legislation: Article No. 178 of the Labor Code of the Russian Federation, which states that social help to a hired employee in the process when he is searching new job, must be at least the amount of payments for 1 month of work: the product of a person’s average daily earnings and the number of working days in the month following dismissal.

In addition, the Code contains a requirement to pay the so-called average salary for the period of employment, which is another 1-2 months, provided that the person is registered with the employment service within two weeks after dismissal.

Compensation for severance pay according to the fourth option of the above list is established by Article No. 181 of Chapter No. 27 of the Labor Code of the Russian Federation, which simply indicates that the employer must accrue at least three average salaries when leaving office when the status of the owner changes. Dismissed workers are not required to register with the Employment Center.

To receive severance pay, you must indicate the basis on which the employment contract was cancelled, the only difference is in paragraphs eighty-one of Article of the Labor Code of the Russian Federation: No. 1, No. 2 or No. 4.

Calculation examples are discussed in the chapter on average daily salary.

Let’s summarize: in order to calculate compensation payments for benefits, you need to divide the amount of all wages, as well as bonus payments received by a person in the pay period, by the number of days he actually worked, based on the accepted production calendar, minus the days when the person was on sick leave.

Plus, there are several more grounds for social protection of working citizens (in addition to the b/list):

• stop production capacity at the initiative of the employer;
• maternity period for female employees (these can only be fired if the company is completely closed, but such an option exists);
• caring for a disabled child.

An employer cannot dismiss certain categories of employees without their consent, even with the payment of compensation: pregnant women, women caring for a child until three years, etc. (exception - liquidation of LLC)

The nuances of a reduced severance pay

There are several reasons for paying a reduced severance pay: in the amount of two weeks' average earnings, when the employment contract with the employee is terminated under the following circumstances:

• dismissal if an employee refuses to be transferred to easier working conditions, which are indicated for him on medical grounds or if the enterprise does not have an appropriate job and position for the person (clause 8 of part one of Article No. 77 of the Labor Code of the Russian Federation);
• an employee’s departure to the army or alternative service (clause 1 of part one of Article No. 83 of the Code);
• the obligation of the employer to reinstate the employee who was once performing certain work(clause 9 of part one of article No. 77);
• termination of a contract if a person does not agree to move with the employer to another area;
• if the medical commission assigns the employee the status of incapable of exercising labor responsibilities(clause 5 of part one of Article No. 83 of the Code);
• if an employee has complaints about a significant deterioration in the terms of the employment contract, and he refuses to continue working at this enterprise for these reasons (clause 7 of part one of Article No. 77 of the Labor Code of the Russian Federation).

Let us note once again that both labor and collective agreements may provide for additional variations in the payment of compensatory benefits or establish their increased volumes. But labor legislation clearly states that these conditions should not be lower than those regulated by the Labor Code of the Russian Federation, that is, these agreements should not infringe on the rights of the employee.

It happens that the employer agrees with the employee on a fixed compensation amount that does not depend on the average monthly salary. This can be beneficial for both one and the other party; you just need to weigh all the pros and cons and calculate everything correctly. At the same time, it is important to write down this condition in the order to terminate the employment contract, indicating the specific amount of payment. If the person being dismissed signs the document, you should not count on the court demanding increased payments, regardless of whether the person found work through the labor exchange in the following months or not.

It must be borne in mind that compensation compensation is not provided for the following categories of workers:

• those who work part-time;
• employees hired for temporary work (if specified in the contract);
• “conscripts”, those with whom the contract was concluded for a period of less than two months.

Deductions upon termination of a contract - what the law says

The previous chapter listed the categories of employees who, upon dismissal, are entitled to a reduced severance pay: not for 2-3 months, as expected, but only for 2 weeks. But it should be noted that almost all employees who fall under these certain articles of the Labor Code of the Russian Federation have several small preferences when terminating an employment agreement:

1. They are prohibited from deducting from compensation the amount for unearned vacation pay.
2. Employees who are dismissed for certain reasons cannot be deducted from the company's expenses spent on their training.
3. You cannot receive compensation for issued and undelivered protective clothing and personal protective equipment (PPE).

In addition, the employer does not have the right to deduct from the final salary already paid but not accrued vacation days, studies and work clothes for employees who quit for the following reasons:

• liquidation of an enterprise, closure or bankruptcy of an individual entrepreneur;
• reduction staffing table or number in the organization;
• change of owner, but only in relation to managers, deputies and chief accountants;
• death of an employee or individual employer.

The Labor Code of the Russian Federation has articles and categories of employees from whom unearned vacation pay cannot be withheld; this must be taken into account when dismissing

For all other dismissed workers, when calculating payments, time off and early paid vacation pay, work uniforms and study expenses can be deducted from the final total calculation. Therefore, if you took your vacation in advance, you should be prepared that the amount of compensation will be less than would be expected in the standard calculation.

But this requirement can be canceled by separate agreement of the parties. This is especially true for dismissal under an article of the Code, which requires agreement of the parties. In this case, it is enough to write down all the necessary points in the document.

Calculation note upon dismissal - goals and design

When terminating an employment relationship, the law requires the employer to make a full settlement with each employee for all certain labor standards payments. These amounts are indicated in a certificate called a settlement note.

Like other pay slips, it is issued upon the written request of the resigning employee.

Let’s clarify why the fired person may need this paper. Thus, there may be several purposes for obtaining a calculation certificate:

• if the employee wants to independently recalculate all accounting calculations;
• if he wants to know before the moment of dismissal the exact amount that he is entitled to when leaving the organization, in some cases this can help in time, without involving the court, to sort out the “errors” of the accountants on the spot, and ask all the questions to the performers;
• With this note you can confirm your last income upon new employment;
• confirm the illegality of the calculation in litigation.

In each specific option, the amount of payments is calculated based on the conditions labor contract and grounds for termination of the contract.

It should be noted that there is no requirement in legislative acts to use any a certain form when processing settlement amounts. But personnel officers and accountants usually use the form of note-calculation No. T-61, regulated by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. Since this simple template contains the most necessary information for accounting of wages.

Calculation note No. T-61 is drawn up on one sheet and includes the title side and the back:

• on front side basic information about the employee is entered:
  • Full name, position, department and personnel number in the account internal system enterprises;
  • the basis for termination of the contract is a specific article of the Labor Code of the Russian Federation upon dismissal;
  • number of vacation days, advances used;
  • the number of vacation days earned during the work period;
• On the reverse side the numbers are detailed:
  • are put monthly payments for the billing period;
  • the number of calendar days of the billing period and the average daily earnings are indicated;
  • vacation pay is calculated;
  • the final total amount is confirmed, which is set for delivery “in hand”.

It is allowed to print out the receipt-calculation on one sheet with the back. The document is endorsed by the accountant who carries out the calculation.

Photo gallery: sample of filling out form No. T-61

The general view of the form template No. T-61 looks like this: Sample filling title page form No. T-61 This is how the reverse side of form T-61 is filled out

Delay in payments upon dismissal: what to do

As we have already mentioned, the legislation (to be precise -) gives the exact timing of payments: on the day of dismissal. There is only one exception here: if a person is unavailable on the day of termination of his employment obligations, he can be paid his salary the next day after he applies to the employer for compensation.

If an employer violates the deadline for compensation payments without having legal grounds for doing so, every citizen has the right to write a complaint against him. For this purpose, labor legislation provides for 3 instances:

• State Labor Inspectorate;
• prosecutor's office;
• district court at the location of the offending employer.

Please note: magistrates do not deal with labor disputes.

The fact of neglect of the rights of a citizen will have to be justified. As proof of his innocence, a person can use any pay slips that he received upon dismissal.

Please note: if certificates were not issued to you with a work book and payroll, this is not a violation of the Labor Code of the Russian Federation, but only if you did not write a corresponding application and did not demand them. In this case, the issue is resolved simply: you need to formalize it in a simple writing a request for the issuance of certain documents and send it to the employer (in person or by mail). The company is obliged to issue the certificates specified in the paper within three working days.

When filing a complaint with any of the above authorities, a person is recommended to have with him a package of documents:

• a copy of the order to terminate the employment contract;
• a copy of the employment agreement;
• one or more certificates-calculations that confirm the amount of income (note-calculation, 2-NDFL, certificate of the amount of earnings for 2 calendar years preceding dismissal in form 182n);
• document confirming payment of insurance premiums;
• a copy of the work book.

You can provide other information that would confirm that the salary was not paid upon dismissal, and bring witnesses.

Most often in labor disputes the court sides with the plaintiff, but this requires at least a minimum set of evidence confirming the fact of the violation.

Labor legislation is one of the most developed and specific legal acts

Employer's liability

If an enterprise violates the three-day (maximum permissible) payment period, it will be obliged to pay compensation with interest. The amount of this compensation will be equal to 1/300 of the refinancing rate, and its amount will be calculated for each day of delay, starting from the moment of dismissal.

If there is a delay of up to two months labor law provides for 3 types of penalties:

• 5,000 ₽ fine (maximum) or warning - for officials;
• from 1,000 ₽ to 5,000 ₽ - fine for individual entrepreneurs;
• 30,000-50,000 ₽ - fine imposed on the violating organization.

If the company or self employed allows a delay of 2 months or more; such actions can lead to the suspension of business for a period of up to ninety days. This may also lead to administrative or criminal liability, which may result in the following amounts and terms:

• 500,000 ₽;
• a fine in the amount of the salary of the responsible person-violator for 3 years;
• imprisonment for up to three years.

In the event that the enterprise has paid part of the required compensation reflected in the calculations, and the delay in final payments exceeds 3 months, the employer faces a fine in the amount of 120,000 rubles or forced collection from the official of his salary for the whole year.

Video: payments upon dismissal - who is entitled to and how to calculate

Dismissal is, as a rule, a rather emotionally complex process for both the person and the officials in the organization. And a particularly sensitive issue here is the final payments. 99% of legal disputes upon termination of employment relationships arise precisely for this reason. Therefore, you should closely monitor the process of all calculations and take into account all the nuances. This will avoid many problems.

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

How to properly settle payments with an employee upon dismissal

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

• compensation for vacation that was not used by the employee;
• deductions when calculating for vacation days not worked by the employee;
• severance pay;
• retention of the average hedgehog employee monthly earnings until you are hired for a new job;
• compensation provided for the dismissal of the head of the enterprise.

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

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

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

When retention should not be carried out

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

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

Calculation of pay upon dismissal

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

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

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

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

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

How severance pay is paid:

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

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

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

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

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

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

Rules for calculation upon dismissal

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

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

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

Final payment upon dismissal

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

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

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

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

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

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

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

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

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

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

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

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

Payments upon dismissal: salary balance

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

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

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

OKL - monthly salary of the employee;

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

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

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

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

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

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

Payments upon dismissal: calculating the duration of unused vacation

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

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

NDO - compensation for unused vacation days;

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

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

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

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

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

NDO = 28 / 12 × MONTHS – HOLIDAYS.

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

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

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

NDO = 28 – HOLIDAYS.

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

Payment for unused vacation: calculation procedure

Vacation compensation is calculated using the formula:

PAYMENT (NDO) = NDO × SZ,

SZ - average daily earnings.

The SZ indicator is calculated using the formula:

SZ = VYP / OD,

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

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

The OA indicator is calculated using the formula:

OD = MES × 29.3 + ODNM / KDNM × 29.3,

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

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

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

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

Dismissal during vacations without pay: nuances

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

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

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

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

Calculation of severance pay

In general, severance pay is not paid upon dismissal. But the law provides for its registration in the following 4 situations.

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

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

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

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

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

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

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

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

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

Results

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

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

• ;

If the employee decides to terminate the employment relationship, he needs to submit an application to the employer. At the end of the warning period, a record of termination of the contract is made in the work book. Also, on the last working day, the employee must receive the necessary payments, which include:

• payments for unclaimed days of rest;
• payment for actual days worked;
• bonuses and remuneration, if provided for by the internal regulations of the organization;
• severance pay in cases where it is provided for by labor legislation, a collective or labor agreement.

Counting order

The calculation is made by the accounting department on the basis of the order to terminate the contract () issued by the employer.

Calculation procedure for voluntary dismissal:

• salary is calculated for days worked;
• compensation for unclaimed leave is calculated;
• the amounts received are added up and transferred to the resigning employee.

Calculation of salary upon dismissal of one's own free will

The following rule applies here:

• if the worker has worked for a full month, he needs to be paid his salary in full;
• if a person has worked for less than a full month, then wages in this situation are calculated as follows: the average daily earnings are multiplied by the number of days worked. The received amount is to be issued.

Compensation for unused vacation

If the employee did not rest, he is given compensation. For this purpose, the average earnings for 1 working day are calculated. When calculating, bonuses and allowances should be taken into account. The resulting amount is multiplied by the number of days of rest required.

When calculating vacation pay, the following points should be taken into account:

1. If an employee has already been on vacation this year (meaning that he has taken a full day off), then he is not entitled to compensation.
2. If an employee has accumulated unclaimed days of rest over several years or over the last period, then only all unused days will be paid (including for previous years).
3. If the employee took leave in advance, recalculation will be made and deductions will be made from the salary due to him.

In order to correctly calculate an employee’s resignation at his own request, there are various calculators that you can use.

An example of calculating dismissal at one's own request

Commodity manager Zueva wrote and sent to the director an application for termination of the employment contract with a request to fire her on December 31, 2018.

According to the signed contract, her salary is 30,000 rubles per month.

There are 21 working days in December. The merchandise manager worked for 16 days in December. During these days she should receive funds. Salaries will be calculated as follows:

Divide 30,000 rubles by 21 working days and multiply by 16 days actually worked. The resulting figure - 22,857.15 rubles - must be paid.

Now let's look at how compensation for unclaimed vacation days is calculated when leaving at your own request.

Commodity specialist Zueva got a job at the company on July 22, 2017 and completed her entire vacation for the entire past period from 07/22/2017 to 07/21/2018. She planned to quit on December 31, 2018. On the date of dismissal, the merchandiser will have 7 unused vacation days. Per year, merchandiser Zueva earns: 30,000 × 12 = 360,000 rubles. The average daily earnings will be 1023.89 rubles (360,000 / 12 / 29.3). Thus, the compensation will be 7167.23 rubles.

You can read more about calculating compensation for unused vacation in our.

We draw up a note-calculation

To make the final payment for an employee upon dismissal of his own free will, it is necessary to prepare a calculation note.

The note is drawn up in form No. T-61, approved. . Form T-61 is filled out on the basis of settlement and payment documents, statements that contain information on various charges to the employee (wages, bonuses, allowances, etc.). This is a two-sided form, the personnel officer and accountant are responsible for filling out. The front side, which is filled out by the HR officer, reflects information about the organization, the employee and the employment contract in force between them. On the reverse side, which is filled out by the accountant, payments are calculated upon dismissal at one's own request.

We invite you to download a form for a notice of resignation upon dismissal. If necessary, you can use it at work in order to make the final payment when leaving at your own request.

Payment nuances

Payments for voluntary dismissal upon termination of a contract are established by labor legislation. They are mentioned in Article 140 of the Labor Code of the Russian Federation. Funds must be issued on the last business day.

But the actual last working day and the day of termination of the contract do not always fall on the same date. If the day of termination of the contract falls on a weekend, you must prepare in advance Required documents, provide them to the employee for signature and make the payment, making a preliminary calculation upon dismissal of his own free will in 2019.

Full payment for voluntary dismissal and issuance of all documents occurs on the day the employee leaves the company. Exceptions can only be made in the following situations:

• if the employee is absent from the workplace on the last day, the money must be issued the next day after his request (this option does not apply to card payments);
• if an employee quits immediately after a vacation (on the last day of vacation and does not go to work), then the money is paid along with vacation pay (as a rule, or on the last working day before the vacation);
• the employee is on sick leave - in this case, the person will receive the sick leave in fact; he will be paid for sick leave after he brings it to his former job.

Responsibility for late payments

Failure to comply with payment deadlines is considered a violation of the law and entails bringing the employer to administrative or criminal liability (depending on the timing of the delay), as well as the imposition of penalties () in the amount of up to 50,000 rubles.

The company will also have to charge the dismissed citizen a percentage for the delay. Money(). Funds due to the employee in the event of a delay will be paid with an interest rate of no less than 1/150 of the key rate of the Central Bank of the Russian Federation for each day of delay.

When calculating upon dismissal at one's own request, the payment deadlines do not shift; all calculations occur on the last day of service.

If payment is not made after voluntary dismissal

If on the last day of work the employer did not make the payments due to the employee upon dismissal at his own request 2019 (in cash or by bank card - it does not matter), then justice can be restored as follows:

• contact the employer directly with a request for final settlement(“According to Art. 140 Labor Code of the Russian Federation, I ask you to make the final payment to me for “__”_______ 2019 in connection with my voluntary dismissal. The day of dismissal is considered “__”_______ 2019”). You must bring two copies of the application, give one to the employer, and get a mark on the second that the application has been received. If the manager refuses to accept the application, you can transfer it under the incoming number to the secretary or send it by mail;
• file a complaint with the State Labor Inspectorate. Please note that the complaint review period is 30 days, so you must submit your application as quickly as possible. This can be done through the inspection reception (under the incoming number), through an electronic service, or use postal services. The complaint must reflect your full name, address and telephone number, details of the organization, describe in detail the essence of the complaint and what measures were taken, the amount of due payments. If you have supporting documents ( employment history, applications, hiring and dismissal orders, a copy of the letter to the employer, etc.) - attach them. The inspector will conduct an inspection, and you will receive a motivated response based on its results. If violations are detected, the employer receives an order to make payments after dismissal at his own request. fixed time, and is also attracted to administrative responsibility;
• write to the Prosecutor's Office at the location of the employer. The application procedure is the same as for the Labor Inspectorate. Since both of these government agency joint inspections are often carried out, you can immediately, without wasting time, write applications both there and there. The prosecutor's office can also order the employer to pay the withheld funds, but cannot force him to do so. The district (city) court has this right;
• go to court with a statement of claim or an application for a court order. The possibility of going to court if an employee’s rights are violated has limitations: you can do this within three months from the date of violation of your rights, that is, from last day work. Therefore, your simultaneous appeal to three authorities at once will be most effective: the labor inspectorate, the Prosecutor's Office and the court. This is in no way prohibited by law. But comprehensive checks and a subpoena usually stimulate the employer to make a decision in your favor and charge a settlement upon dismissal of your own free will with subsequent payment.

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