When should an employee be paid upon dismissal? The deadline for the employer to pay settlements to the employee upon dismissal

When dismissing an employee, regardless of the reason, the employer must pay him wages for all time worked and compensate for days of unused vacation. Sometimes severance pay is also required. How to properly prepare a payment upon dismissal and what documents need to be handed over?

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

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

Let's look at each of these amounts in more detail and understand exactly how to calculate severance pay upon dismissal.

Wage

The salary of a dismissed employee is calculated and paid to him in accordance with the salary or tariff rate. No online severance calculator is needed to calculate the amount that a person actually earned. The main thing to remember is that you need to pay for all actually worked time from the beginning of the month, including the last working day.

Example:

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

Daily earnings = salary divided by the number of working days and multiplied by the actual time worked.

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

Obviously, calculating the amount to be paid for piecework or shift payment is even easier. In this case, the rate must simply be multiplied by the number of shifts worked or the volume of work performed. Such calculations are no different from the usual salary calculations that an accountant performs for all employees on a monthly basis.

Compensation for unused vacation

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

• if the working year is not completed and the vacation has not been taken off, then its days are calculated in proportion to the months worked;
• if compensation must be paid for previous years, then the calculation is carried out on the basis of 28 days of vacation per year;
• if the dismissal occurs before the end of the period for which the person has already received vacation, then the days can be calculated proportionally and the paid vacation pay can be withheld based on Article 137 of the Labor Code of the Russian Federation.

It is important to remember that the payment required by law in these situations should be calculated not based on actual earnings, but on the basis of average earnings for vacations in accordance with by Decree of the Government of the Russian Federation No. 922 of December 24, 2007(as amended on December 10, 2016).

As a general rule, the number of unused vacation days is determined by the formula:

Days for rest compensation = the product of the number of vacation days allotted to the employee for each month of work (on average 2.3 per month) by the number of months worked at one workplace, minus the days already taken off during this period.

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

It is also important to take into account that there are specifics for calculating the number of months that a citizen has worked for a particular employer; these can be found in the rules approved NKT USSR 04/30/1930 N 169. For example, if less than half a month has passed from the beginning of the month to the date of dismissal, then this month must be excluded from the calculation, and if a person managed to work half or more, then this month is taken into account when calculating vacation pay as a whole month. That is, there is no need to divide vacation days for one month in proportion to days worked.

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

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

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

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

Severance pay

In some cases, employers, in accordance with Article 178 of the Labor Code of the Russian Federation, must include severance pay in the calculation. It varies in size and depends on the reasons for termination of the employment contract and the category of employees. In particular, persons who were fired due to:

• inability to continue working due to health reasons;
• conscription for military or alternative civilian service;
• reinstatement of the employee who previously performed this work;
• a person’s refusal to transfer due to the organization’s relocation to another location.

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

• upon dismissal due to liquidation of the organization;
• when reducing the number or staff of employees.

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

Calculation upon dismissal: payment terms and package of documents

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

A special place among these documents is occupied by the so-called dismissal note. It can be drawn up in any form, or you can use the unified form T-61, approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1. This form is quite easy to fill out; it consists of two pages:

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

Section 2. Calculation of vacation pay (reverse side). Here the entire period of work for which vacation was not used is calculated. Looks like that:

Section 3. Salary. And finally, the salary calculation is drawn up indicating all deductions:

Please note that the title page is signed by a human resources specialist, and the reverse side is signed by the accountant of the organization who made the calculation.

The employer must issue all documents and transfer the amounts due to the employee to the employee’s account on the day of dismissal. If the dismissal is accompanied by preliminary leave, payments must be made on the last working day before going on leave. This procedure is provided Article 140 of the Labor Code of the Russian Federation. If the employer fails to comply with this requirement, he may be held administratively liable. Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Its rules provide for the following fines:

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

In addition, the employer will have to pay the dismissed citizen another compensation - for delayed payments. This is provided Article 236 of the Labor Code of the Russian Federation. The amount of such payment depends on the period of delay.

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 earnings per day 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 manager Zueva got a job at the company on July 22, 2017 and took her entire vacation for the entire previous period from July 22, 2017 to July 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, it is necessary to prepare the necessary documents in advance, provide them to the employee for signature and make a payment, making a preliminary calculation upon dismissal at his own request 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 after the fact; he will be paid for the 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 accrue interest to the dismissed citizen for the delay in funds (). 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 payment (“In accordance with 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 payments due. If you have supporting documents (work book, 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 reasoned response based on its results. If violations are detected, the employer receives an order to make payments after dismissal of his own free will within a specified period, and is also brought 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 bodies often conduct joint inspections, you can immediately, without wasting time, write applications to both. 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 ability to go 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 the last day of 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.

From this article you will learn:

• What is the calculation procedure when dismissing an employee?
• What is the calculation procedure for voluntary dismissal?
• What calculation procedure to follow when dismissing due to reduction
• What is the procedure for calculating compensation upon dismissal?

When an employee resigns, the employment relationship between him and the employer ends. The amount of the final payment depends on why the employment contract was terminated. It may include not only wages for time worked, but also other compensation. To ensure that the manager does not have problems with the law, you need to know that the procedure for calculation upon dismissal is not determined by the organizational and legal form of the company, and the quitter receives payment of the entire accrued amount of money on the last working day.

Payment procedure upon dismissal: two options

Final settlement is a mandatory procedure in all situations of termination of an employment contract, which does not depend on the reason for which the employee quit. The basis for termination of the employment relationship affects the final amount of monetary payments to the employee. In Art. 140 of the Labor Code of the Russian Federation defines the procedure for calculation upon dismissal.

The employer pays the entire accrued amount of money on the employee’s last working day. If, for a number of objective reasons, the organization cannot pay the required funds on that day, then the dismissal procedure allows for settlement to be made the next day after the employment contract was terminated. But not later. Otherwise, the employee has the right to appeal to supervisory authorities or to court with a complaint against the employer who has violated the Labor Code of the Russian Federation.

An employment contract can be terminated at the initiative of the company or the employee himself, as well as for reasons that do not depend on either party. Most often, it is terminated by mutual consent of the subjects of labor law. In this situation, the final payment can be made after the day the employee ceases to work at the enterprise. But only by bilateral agreement.

Regardless of why the employment relationship was terminated, the procedure for calculating upon dismissal involves mandatory payments, which include:

• compensation for unused days of the next vacation;
• salary of the resigning employee;
• monetary compensation when reducing the number or staff of an enterprise in accordance with clause 2, part 1, art. 81 of the Labor Code of the Russian Federation.

Additional types of monetary compensation, which are taken into account when dismissing and calculating an employee, are established by the collective agreement. This legal act regulates social and labor relations at the enterprise. It is concluded between the staff and the employer.

On the day of dismissal, the employee receives:

• certificate in form 2-NDFL;
• a certificate of the amount of earnings for calculating benefits;
• work book;
• according to a written application, the following must also be issued:
• copies of orders on hiring and dismissal, job transfers;
• certificates of salary and accrued and actually paid insurance premiums and others.

Calculation procedure for voluntary dismissal

The most popular reason for termination of employment is voluntary dismissal. In this situation, the initiative to terminate the employment contract comes from the employee himself. The employer is obliged to immediately consider the employee’s written application and follow a certain procedure for dismissal in accordance with the Labor Code of the Russian Federation.

When dismissing at his own request, it is assumed that the employee will notify the employer in writing of his desire to terminate the employment contract. In this situation, he must write an application addressed to the head of the enterprise, in which he puts a date and a personal signature. It must indicate the date of dismissal and indicate the reason for termination of the employment relationship.

If the employee initiates the resignation, then in the application he may not give a reason; it is enough to write: “I ask you to dismiss at your own request...”. But be sure to indicate the date on which the employment relationship will end. In this case, the head of the organization has the right to set a working period of 14 days.

There are situations when circumstances require termination of an employment contract without work. In this case, the reason for dismissal must be indicated. The head of the enterprise or an employee of the HR department has the right to ask for documentary confirmation of this basis. For example, “I ask you to fire me for health reasons...”. It is better to support such a reason for dismissal with a doctor’s certificate, then you will not have to work for two weeks.

When the issue with working out is resolved, the resignation letter is transferred to the personnel department. The HR specialist creates an order in Form No. T-8. This form was approved by Decree of the State Statistics Committee dated January 5, 2004 No. 1. The order must include a reference: “The employment contract was terminated at the initiative of the employee, clause 3, part 1, art. 77 of the Labor Code of the Russian Federation." The prepared document is handed over to the employee for review and signature. If for some reason a person cannot familiarize himself with the order (illness, absence), then this fact is recorded in writing.



The settlement procedure for voluntary dismissal provides for the immediate payment of funds. The final calculation includes:

1. monetary compensation for all days of unused vacation;
2. wages for hours worked;
3. amounts previously accrued but not yet paid to the employee.

According to the Labor Code of the Russian Federation, the calculation procedure for dismissal at one’s own request is carried out according to the following rules:

• a work book is issued to a dismissed specialist on the last day of his stay at the workplace;
• full settlement and payment of funds is also made on the last working day;
• if a person is absent on the day of dismissal for any reason (sick leave, vacation), then the calculation will be made on the day of his return to work.

Calculation procedure for dismissal due to reduction

Guided by paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, when the number and staff are reduced, labor relations with the employee are terminated unilaterally at the initiative of the employer. Downsizing involves reducing the number of employees in any position. When staffing is reduced, all employees of a certain department or position may be fired. In this case, there is a reduction in staffing.

The employer has the right, at his own discretion, to decide to reduce the number or staff. The company's management independently determines the structure of the company and the number of staff. An employment contract with an employee can be terminated unilaterally, without agreement with the trade union organization (clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

The calculation procedure for dismissal due to staff reduction provides for compliance with the guarantees enshrined in the Labor Code of the Russian Federation.

It is mandatory for a person who has been laid off to be paid:

• wages for the days the person worked in the month before dismissal;
• compensation for days of unused vacation;
• severance pay, indicated by the amount of average monthly earnings in accordance with Art. 178 of the Labor Code of the Russian Federation.

Articles 296, 292 of the Labor Code of the Russian Federation define a special system for paying severance pay for seasonal personnel and people hired for a period of less than two months. The final settlement with the employee is made, as in previous cases, on the day of his dismissal (Article 84.1, Article 140 of the Labor Code of the Russian Federation).

In conditions of reduction, a person is paid an average monthly salary for the period of employment if he is not a part-time worker, a seasonal worker or a person with whom an employment contract has been concluded for a period of two months. The period for payment of the average monthly salary does not exceed three months from the date of dismissal (Article 178 of the Labor Code of the Russian Federation).

The calculation procedure for dismissal due to staff reduction provides for the payment of severance pay in the amount of the average monthly salary for the first month of employment. If a person is unable to find a job in the next two months after the month of dismissal, then the former employer is obliged to pay the average salary to the laid-off employee.

When downsizing and downsizing, a person has every right to look for a new place for three months. During this time, the last employer will pay the laid-off employee an allowance in the amount of the average monthly wage, but not more than three months.

For persons employed in the Far North and equivalent areas, the period of employment, which is paid by the former employer after layoffs, has been increased to six months. This calculation procedure for dismissal due to staff reduction is interpreted by Art. 318 of the Labor Code of the Russian Federation.

Procedure for calculating compensation upon dismissal

Vacation compensation

To determine the number of days for which an employee is entitled to monetary compensation, you need to know the calculation procedure:

Stage 1. Calculate the number of full months of work (experience) for the entire period of work at this enterprise. Days of an incomplete month, if there are more than 15 of them, are rounded up to a full month. If an incomplete month has less than 15 days, then this period is not counted.

Stage 2. Then the total number of vacation days is determined. For these days of unused vacation, the employee is entitled to compensation upon dismissal.

Stage 3. From the total number of vacation days obtained after calculating, the number of vacation days that were previously provided to the employee is subtracted.

The procedure for calculating days of unused vacation:

The employee was employed by the enterprise on March 18, 2015. The day of his dismissal was August 23, 2017. During this entire period, he was granted regular leave twice for 28 days. Once, an employee was on leave without pay (without pay) for 20 days over the course of one year.

We calculate work experience. In total, a person worked at this enterprise for 29 months and 5 days. From this time we will exclude those days when he was on leave without pay for more than 14 days - 6 days. It turns out that the length of service in the organization is 28 full months and 30 days. If there are 15 days or more, then their number is rounded up to a full month. Since 30 days is more than 15, we round up to 29 full months.

1. For each year (12 months) worked, the employee is entitled to 28 days of vacation. Now let's calculate the number of vacation days:

28: 12 × 29 = 67.67 days.

It turns out that for the entire period of work at this enterprise, the employee has the right to 67.67 days of vacation.

1. For all the time worked, the person used his right to vacation twice for 28 days. Total number of vacation days: 28 × 2 = 56 days.
2. To determine the number of days for which the employee is entitled to monetary compensation, it is necessary to subtract the number of previously used vacation days from the resulting total number of vacation days:

67.67 - 56 = 11.67 days.

The employee did not use 11.67 days of vacation.

In this case, the rules for calculating an employee upon dismissal provide for the payment of monetary compensation for 11.67 unused vacation days.

Decree of the Government of the Russian Federation No. 922 of December 24, 2007 determines the procedure for calculating the amount of compensation for unused vacation days upon dismissal. All compensation payments are calculated based on the average salary for the last 12 months before the termination of the employment contract. Average wages are calculated by calendar days. When calculating, the average number of calendar days in a month is indicated by a coefficient of 29.3.

Severance pay

In accordance with Art. 178 of the Labor Code of the Russian Federation, certain categories of workers are entitled to benefits upon dismissal.

A benefit in the amount of two weeks' average salary upon final payment of the employee is issued on the following basis:

1. The employee is not suitable for the position due to health reasons.
2. The employee is called up for military or alternative civilian service.
3. Dismissal due to reinstatement of an employee who previously performed these functions.
4. Due to the employer's relocation to another location, the employee refuses to be transferred to a new place of business.

A benefit in the amount of the average monthly salary upon final calculation is paid on the following basis:

1. The company is being liquidated.
2. Reduction in the number or staff of an organization.

In all of the above cases, the employee continues to receive an average monthly salary from the date of dismissal until employment at the next place of employment, but not more than two months. If, nevertheless, the dismissed employee cannot find work for more than two months, then, by decision of the State Employment Service, the former employer pays the average monthly benefit for the third month from the date of dismissal. But only on condition that the person applied to the State Employment Service within two weeks after dismissal and was unable to find a job.

Decree of the Government of the Russian Federation No. 922 of December 24, 2007 establishes the procedure for calculating the amount of compensation for unused vacation days upon dismissal. All compensation payments are calculated based on the average salary for the last 12 months before the termination of the employment contract. The average salary is determined based on calendar days actually worked.

Compensation for dismissal due to staff reduction

Calculation of compensation for unused vacation days when an employee is laid off occurs in the same way as other similar payments. The procedure for calculating the final amount upon dismissal does not depend on the reasons for termination of the employment relationship.

As noted above, the procedure for calculating severance pay is determined by Decree of the Government of the Russian Federation No. 922 of December 24, 2007. All compensation payments are calculated based on the average salary for the last 12 months before the termination of the employment contract. For example, the day an employee was dismissed falls on February 19, 2018, the calculation is made for the period from February 2017 to January 2018.

Formula for calculating severance pay:

To calculate the average monthly salary, you can apply the same formula. The last indicator here is equal to the number of working days in the month after dismissal, for which it is necessary to calculate the average monthly salary.

This has come to the end of our article on the procedure for calculation upon dismissal. We sincerely hope that you were able to find useful ideas for your business in it. It is possible that some thoughts became a discovery for you, and some turned out to be simply an interesting fact that expanded your understanding of the process of complex sales. Which of the points presented did you want to put into practice? How satisfied are you with how your business is going? Analyze your answers to these questions, then our article will be able to leave a significant mark on your consciousness.

Remember that if you have any questions, doubts or even objections, you have the opportunity to write to us by email [email protected] or use the feedback form on the official website. Experienced business coach Evgeny Kotov, founder of the training company Practicum Group, will be happy to answer them, and perhaps discuss with you, because truth is born in a dispute.

Receiving payments upon dismissal of one's own free will is the right of any employee, and this includes not only wages for the period worked, but also a number of other accruals.

Knowing and being able to defend your rights are important skills that will allow you to receive from your employer the full amount of money that is required by law.

When dismissing at one's own request, the process of terminating the employment relationship is initiated by the employee of the organization himself.

According to Russian labor legislation, after notifying the employer of your intention to quit, you need to work for another two weeks, during which he has the opportunity to select another person for the vacated position.

By mutual agreement of the parties to the employment contract, the period may be reduced. In any case, the first document for formalizing dismissal is a written statement.

It is also important for the resigning employee to keep in mind that he can withdraw his application up to the end of the required two weeks of work.

This possibility is provided for by law, so the employer does not have the right to refuse, even if he has already found a replacement employee (except for the case when a new employee cannot be refused - for example, when transferring from another company).

In order to avoid violation of his rights, the employee must notify the refusal of dismissal also in the form of a written statement, which can subsequently be used as evidence of a violation of his rights in case of forced termination of the employment agreement.

Upon termination of the relationship, a work book is filled out and returned to the employee along with other documents (for example, a higher education diploma) stored in the organization.

Dismissal during the probationary period

The main feature of voluntary dismissal during the probationary period is the shortened period for consideration of the application. In particular, the employer must consider the application within three days and has no right to delay this period.

The duration of the probationary period is established in the employment agreement or an annex to it. As a general rule, it cannot exceed three months. However, for management positions this period can be extended to 6 months.

For fixed-term employment contracts for a period of up to 2 months, a trial period cannot be established in principle, and for contracts up to six months, the maximum trial period is two weeks. In any of the above cases, the employee is not required to provide reasons for his dismissal, and has the right to terminate the employment contract at any time.

Probationary employees have the same rights to receive severance payments as regular employees of the organization.

What should an employee be paid?

Let's consider what estimated payments the employer must pay upon dismissal at his own request.

According to labor legislation, a resigning employee is entitled to two mandatory types of payments:

• salary for the period worked;
• compensatory payment for unused vacations.

Wages must include not only salary, but also all allowances, bonuses, etc. provided for in the contract or local regulations.

As for compensation for vacations (payment of vacation pay), there are two options for the development of the situation: the employee either agrees to the payment, or takes a vacation with subsequent dismissal. In the second case, the final settlement with the employee and the return of the work book must be made before he goes on vacation.

There are rarely situations when an employee takes sick leave during vacation - in such a situation he is entitled to temporary disability benefits, but the period of vacation for sick days is not extended. The provisions of the collective agreement may provide for other types of payments due to resigning employees, but such contracts are rare.

If you quit at your own request, there is no severance pay - labor legislation regulates its payment only when the company is liquidated or the workforce is reduced.

Payout calculations with examples

Payroll preparation

• The salary paid upon dismissal depends on what payment system is adopted at the enterprise. Examples:– in this case, payment is made for days worked. If the salary was 25,000 rubles, and out of 22 working days 12 were actually worked, then the salary at the time of dismissal will be: 25,000 / 22 * ​​12 = 13,636 rubles.
• Piece system– with such a system, it does not matter how many days the employee has worked. The results of his work are measured in specific natural indicators, for example, in units of manufactured products. Let’s assume that during the month in which the employment contract is terminated, the employee produced 25 products, and the rate for each of them is 400 rubles. Then the salary due to him will be: 25 * 400 = 10,000 rubles.

In practice, any other payment system can be used - variable piecework, progressive piecework, bonus, etc. However, the above forms are most common.

Compensation calculation

Calculating compensation for unused vacation is a more labor-intensive process - accountants most often use special software for this.

In simplified form, it can be represented as the following sequence of actions:

• Determination of length of service for granting leave. To do this, the date of hiring is subtracted from the date of dismissal. Periods of being on administrative leave at one's own expense for more than 14 days are also excluded from the length of service. This results in a certain number of full months and days, which are rounded according to the following principle: less than 15 days - down, more than 15 days - up.
• Calculation of the required number of vacation days based on length of service and the provisions of the employment contract.
• Determining the number of unused vacation days by subtracting actually used vacations from the calculated value.
• Calculation of average daily earnings: wages for the previous 12 months divided by the actual time worked for a given period.
• Calculation of compensation.

For example, an employee was hired on August 13, 2015, and fired on September 16, 2016. He did not take vacations at his own expense, which means his work experience was 13 months and 10 days. For compensation purposes, the period will be 13 months (rounded down).

According to the employment contract, the employee is entitled to 36 days of vacation, then the vacation allotted to him will be 36 / 12 * 13 = 39 days. In fact, he used 15 days in June 2016, then the number of unused days was 39 - 15 = 24 days. The salary for the previous year amounted to 460,000 rubles, the period was fully worked (except for vacation time).

Then the average earnings per day will be: 460,000 / (29.3*11 + 29.3/30*15) = 1365.19 rubles, where 29.3 is the average number of days in a month (according to the Labor Code of the Russian Federation), 30 is the number days in June 2016, 15 – actual number of days worked in June 2016. Thus, compensation for unused vacation will be: 1365.19 * 24 = 32764.56 rubles.

Payment terms

(in other words, at the initiative of the employee) is one of the most common grounds for termination of an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because a person cannot be forced to work against his will. However, even when resigning at your own request, certain rules must be followed.

The procedure for dismissal at will

The procedure for dismissal at will involves, first of all, the employee writing a letter of resignation. The application indicates the date of dismissal and its basis (“at one’s own request”), it must be signed by the employee indicating the date of preparation.

Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require you to resign, then the reason must be indicated, and HR employees may ask you to document it. In other cases, the phrase “I ask you to fire me at your own request on such and such a date” is sufficient.

After the resignation letter has been submitted to the personnel service, a dismissal order. Typically, a unified form of such an order (), approved by Resolution of the State Statistics Committee of January 5, 2004 No. 1, is used. The order must make a reference to the Labor Code of the Russian Federation, as well as provide details of the employee’s application. The employee must be familiarized with the dismissal order against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document.

Timing of voluntary dismissal

According to the general rule, enshrined in, the employee must notify the employer of the upcoming dismissal no later than two weeks in advance. This period begins the day after the employer receives the resignation letter.

However, the so-called two-week working period can be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the period of notice of dismissal. He can go on vacation, sick leave, etc., while terms of dismissal will not change.

There are statutory exceptions to the general rule of two-week work. Thus, if you are dismissed during the probationary period, the notice period for dismissal is three days, and if the head of the organization is dismissed, it is one month.

Calculation upon dismissal at one's own request

Calculation upon dismissal at one's own request, as well as for other reasons, must be made on the day of dismissal, that is, on the last day of work. Calculation of severance involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for by the collective and labor agreement. If the dismissed employee used vacation in advance, the paid vacation pay is recalculated, and the corresponding amount is deducted from the salary upon final payment.

If an employee was absent from work on the day of dismissal and was unable to receive a payment, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the application.

Dismissal at your own request during the vacation period

Resign at your own request during the vacation period the law does not prohibit. Such a prohibition is provided only for dismissal at the initiative of the employer. An employee has the right to write a letter of resignation while on vacation, or to include the date of proposed dismissal during the vacation period.

If an employee wants to submit a letter of resignation while on vacation, there is no need to recall him from vacation

An employee can also resign of his own free will after using his vacation. Please note that granting leave followed by dismissal is a right, not an obligation, of the employer. If such leave is granted, the day of dismissal is considered the last day of leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day before the start of the vacation. On this day, the employee should be given a work book and all necessary payments should be made. This is a kind of exception to the general rule given, confirmed.

Dismissal at will while on sick leave

Quit voluntarily while on sick leave Can. prohibits such dismissal only at the initiative of the employer.

An employee has the right to apply for dismissal during a period of temporary incapacity for work. A situation may also arise when the previously agreed upon dismissal date falls on the sick leave period. In this case, the employer will formalize the dismissal on the day specified in the resignation letter, provided that the employee has not withdrawn this application. The employer does not have the right to independently change the date of dismissal.

On the last day of work, even if it falls on sick leave, the employer makes the final payment and issues a dismissal order, in which he makes a note about the employee’s absence and the impossibility of familiarizing him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him