For what period is it calculated upon dismissal? Upon dismissal, when should funds be calculated and paid?

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 of one's own free will, the following must be 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- are issued according to local documents and amount to 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 the employment relationship is terminated 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 is not due to an employee dismissed for failure to comply with labor discipline (theft, official 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 contributions to the 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. The number of unused rest days 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

They are established in the employment contract or local regulations. 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:

Salary average = (324,000)/12:29.4 = 918.4 rub.
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 dismissing its 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 of the 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: the year of the billing period, income, number of calendar days, average wages 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:

The first two columns contain the 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 termination of cooperation - different options are allowed: “dismissed”, “employment contract terminated”, “employment contract terminated”.

Example of filling out the TC:

Sample entry in the labor record

According to Article 80 of the Labor Code, voluntary dismissal occurs at the initiative of the employee due to various reasons: a new offer, relocation or other circumstances. This procedure for terminating a contract is today considered one of the most conflict-free. The reason is that, unlike the case at the initiative of the employer due to absenteeism or layoff, no arguments, special procedure or payment of increased compensation are required. Although the dismissal procedure is simple, it still has its own rules.

Under what article are people fired at their own request?

Article 80 of the Labor Code of the Russian Federation (LC RF), entitled “Termination of an employment contract at the initiative of the employee (at his own request),” discusses in detail the procedure and rules of this procedure. They relate to the reasons, timing of the application and cases of termination of work before the expiration of the notice period. In addition, the article contains information regarding the withdrawal of an application.

The procedure for dismissal at will

Any employee, including a pregnant woman, according to paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General grounds for termination of an employment contract,” has the right to resign on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. This way, conflicts with the employer and other problems that will delay the process for a long time will not arise.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer in writing about dismissal by submitting an application addressed to him 2 weeks before the expected resignation. This period begins to count the next day after registration of the petition. It is important that the application is registered, otherwise the work period may be delayed. Other rules for dismissing an employee at his own request:

the two-week period can be canceled by written agreement between the employee and the employer;
the law does not oblige the employee to be at work during these 2 weeks (you can go on vacation or sick leave);
the general rule of two weeks of service has exceptions (for a probationary period - 3 days, and for a managerial position - 1 month).

The manager does not have the right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with acknowledgment of receipt. This way you will know that the employer has received the documents. After 2 weeks you can stop working in the organization. After this period, the employee must be given a work book and a paycheck. Otherwise, he has the right to contact the inspectorate that deals with such illegal situations and labor disputes.

Application for resignation

The first thing an employee must do is submit a resignation letter on his own initiative 2 weeks before leaving. The countdown for this period will begin the next day. The law does not define exact requirements, but it should indicate several important points:

Last name, first name, patronymic and position of the manager, name of the organization.
Last name, first name, patronymic of the applicant, i.e. the employee himself.
The text of the statement itself. Includes a request to dismiss from a position on a certain date (it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
At the end there is the date of submission of the application, signature and transcript.

Labor legislation allows you to withdraw your request. This is done in the same form as an application for dismissal at the initiative of the employee. The manager has the right to refuse:

if the resigning employee’s place has already been replaced by another person who, by law, cannot be denied a job;
if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for preserving an employee’s length of service:

reaching retirement age;
the need to move;
some diseases;
beginning of studies at a higher or secondary specialized institution;
caring for a sick family member;
violation of the employment contract by the employer.

It is not necessary to indicate a reason unless it is the basis for any compensatory monetary payments or the cancellation of the period of compulsory service. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can indicate the reason - “in connection with retirement.” The formulations of other circumstances are drawn up in the same way.

Order of dismissal

If the application for resignation of one’s own free will does not have a clear sample, then the order on it is drawn up according to the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for calculating material payments. An order for voluntary dismissal is issued with certain details, such as:

code according to the All-Russian Classifier of Management Activities (OKUD) – 0301006;
code according to the All-Russian Classifier of Enterprises and Organizations (OKPO) - it is different for each company;
name of company;
the text of the order itself;
Date of preparation.

Working period

The standard working period is 2 weeks. It starts the day after the application is submitted. But this period is not always maintained. You may not work for 2 weeks if:

the employer does not see the need for this;
the employee has valid reasons - enrollment in full-time studies, urgent relocation, becoming a pensioner);
the employer violated the employment contract;
the employee is on sick leave.

Vacation before dismissal

An employee has the right to resign on his own initiative, even during or before vacation. The application in this case is written in the same form. More often it contains the phrase “I ask for leave with subsequent dismissal at your request.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last working day is considered the last day of vacation. In this case, you do not need to work 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In response, he will be issued official documents from the following list:

work book with an entry on the grounds for dismissal issued by the personnel department;
certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
certificate of payment of wages for the last 2 calendar years;
information about payments and other remunerations, about the insurance experience of the insured employee.

Rights upon dismissal at will

Each party has its own rights. This is an opportunity for the employee to withdraw the application at any time. The employment contract remains in force unless the employee is fired on the last day. The employer has the right to demand that he fully perform his duties up to the point of dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he could prove this in court.

Calculation upon dismissal at one's own request

It must be made on the day of dismissal, i.e. the last worker after 2 weeks of work. The final settlement includes payment of all amounts due to the employee. These include:

wage;
compensation for unused holidays;
payments under an employment or collective agreement.

Dismissal on sick leave

An employee can submit an application even if the date of dismissal falls during a period of temporary incapacity for work. The employer has no right to change it. After the 2-week period, management makes a calculation and issues an order noting the employee’s absence. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next payday.

On holiday

All calculations in this case and the issuance of a work book in this case are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will under the same conditions. In addition to wages, the employee must be given vacation pay. Compensated payment for unused vacation is already excluded. An employee can receive it if he refuses to be given rest.

After vacation

If an employee has already used vacation and decided to quit after it, then he will have to work 2 weeks on a general basis after writing the application. Payments in this case are the same as when leaving work at any other time. They include wages and benefits under an employment or collective agreement. If the application was submitted before the vacation with a notice of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was provided in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

If an employee cannot continue to work after the end of the period of incapacity, then in the application he refers to this reason and confirms it with documents. In this case, he can be fired on the same day with payment made and the issuance of a work book. The person receives compensation for unused vacation, salary and sick pay.

One day dismissal

If the employee is unable to continue working, the organization is obliged to terminate the contract with him within the period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about illness, from an institute about admission, etc. Writing an application, drawing up an order and familiarizing yourself with it in case of early dismissal takes place in one day. Payment can be made no later than the next day, including salary and compensation payments for vacation.

How to resign of your own free will

It is important for an employee to know that he has the right to resign at his own request, and the employer cannot refuse to accept an application. It is important to do everything according to the instructions so that there are no disagreements. The procedure on how to resign correctly includes several stages:

Writing an application. An employee who decides to take such a step must submit an application to the director within a certain time frame, indicating, if necessary, the reason for his departure.
Issuance of an order. After registering the application (you must follow this, and it is better to make a copy for yourself), an order will be generated. It is drawn up in a standard unified form. The employee must familiarize himself with the order and put his signature on it.
Dismissal. The employer makes a corresponding entry in the work book, and the employee signs for it in his personal card. At the same stage, a full calculation is made based on Article 140 of the Labor Code of the Russian Federation.

How to fire an employee at your own request

The employer must sign a letter of resignation. Next, you need to fill out an order in the T-8 form, which you must familiarize the employee with. After this, the HR and accounting department clarifies information about the period worked in the current month, the provision of vacation, sick leave period and other information necessary for calculating compensation. On the day of dismissal, a labor certificate is issued indicating the reason for dismissal and the funds due are paid.

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Article 140 of the Labor Code of the Russian Federation is devoted to the timing of settlements with an employee leaving the organization.

Article 140 of the Labor Code of the Russian Federation. Payment terms upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

What date is the deadline for issuing settlement bills?

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

Here are examples of date discrepancies:

Within what time and how should the money be paid?

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

When should the payment be given if the employee was absent on the last working day?

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

Read about what payments an employee is entitled to upon dismissal, and from there you will learn whether you can hope to receive a bonus after dismissal.

How to submit an application to receive payment?

This issue is not addressed in the legislation. It appears that It is best to submit a written application with approximately the following content:

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

You must include the date the application was written and a signature.

If desired or necessary, the application can be submitted not in person, but by mail or through a representative.

However, the former employee of the organization himself is interested in the issue of receiving funds. Therefore, it is better to contact the company’s office yourself. Most likely, the money will be issued immediately.

What if an employee wants to quit while going on vacation?

The situation is more difficult to interpret if the employee goes on vacation with subsequent dismissal. On what day is the employee paid in this case?

Art. 140 of the Labor Code of the Russian Federation, as noted, says that the calculation must be made on the day of dismissal or, if the employee is not in his place on that day, no later than the day following the date the dismissed person applies for the payments due.

Thus, the following logical conclusions can be made:

If an employee is on vacation, his place of work must be retained.
Accordingly, the calculation must be made after the vacation ends.

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

Responsibility of the employer for delay in transfer

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

According to Art. 236 of the Labor Code of the Russian Federation, for late payments, interest is charged in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation, on the amount of debt and for each day of delay in payments. The entire amount must go into the employee’s pocket. But there is also responsibility to the state. In particular, the Code of Administrative Offenses of the Russian Federation contains

The final settlement with the employee upon his dismissal implies the payment of funds that are due to the latter for the entire period of his working activity. In this case, it is necessary to take into account the grounds for termination of the contract. After all, a citizen’s salary and other necessary payments will depend on this basis. In such a situation, the manager should not forget that full settlement with the resigning person must be made on the day when the employee last carries out his activities in this organization. Otherwise, the boss simply cannot avoid problems with the law.

Calculation period for voluntary dismissal with working off

According to the provisions of Article 140 of the Labor Code, the manager must pay all funds due to the citizen on the last day of his work. And if it is impossible to carry out this procedure at the specified time, it must be done the next day when the employee made a demand for settlement with him. Otherwise, management may be in big trouble if a person seeks protection of violated rights in court.

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

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

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

The employer is obliged to pay the resigning employee:

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

Compensation for unused vacation

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

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

reduction of staff or number of employees;
liquidation of the enterprise;
the employee’s refusal to move with the employer or transfer to another position;
conscription of an employee into the army;
recognition of an employee as unfit to perform this work due to a medical report.

Calculation period for voluntary dismissal during a probationary period

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

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

Article 140. Terms of payment upon dismissal

In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

When should you pay for voluntary dismissal?

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

144.76.78.4

As a general rule, the day of dismissal is considered the last working day. But the last working day and the day of dismissal of the employee do not always coincide. There are exceptions to the rules.

For example, an employee works in shifts - every three days. His last shift was on May 15, and he quits on May 17. In this case, his last working day is May 15, and the day of dismissal is May 17.

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

If the employer and employee do not come to a common opinion regarding the amount of all payments, then the employee has the right to write a complaint to the labor inspectorate. In this case, the employer will be audited, and the deadline for calculating payments upon dismissal will be “shifted” for an indefinite period.

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

Termination of an employment contract with an employee is always associated with a number of mandatory procedures for the management of the enterprise, and first of all, it entails the need to make settlements upon dismissal. At the same time, the final amount should reflect not only wages for the days worked by the employee, but also compensation payments, including for unused vacation. In addition, depending on the reason for dismissal, the employee may be paid severance pay upon settlement.

The Labor Code of the Russian Federation stipulates that in a number of cases the employer must transfer additional payments to the employee upon dismissal. According to Art. 178, severance pay is paid in the event of:

liquidation of the enterprise;
staff reductions;
the employee’s disagreement to continue working in the event of a significant change in working conditions, transfer to another position or to an enterprise located in another area;
conscription of an employee into the army or his transfer to alternative service;
inability to continue working due to health reasons.

The amount of severance pay depends on the reason for which the employee was fired, and can range from 2 weeks’ pay to two (and sometimes three) months’ pay. If an employee is not paid upon dismissal or the amount due to him is not paid in full, this may result in the employer being held liable. The employee has the right to go to court and demand not only the amount due to him, but also compensation for its withholding (Article 236 of the Labor Code of the Russian Federation).

This procedure requires additional costs associated with the trial. If it is proven that the dismissal payment was not paid on time due to the fault of the employer, then he will not only bear financial responsibility, but may also be brought to administrative or criminal liability. However, resolving the issue through the court is a rather lengthy procedure. Therefore, it is better to decide in advance the question: “How to get paychecks after dismissal?”

Payments upon dismissal

Termination of the employment relationship between an employee and an employer involves making a full settlement between them. The amount of transfers depends primarily on the article under which the dismissal occurs and whether it provides for the payment of compensation. In general, an employee can count on:

payment for days actually worked for the current reporting period;
recalculation for unused vacation days for the entire period of work;
severance pay (if it is provided in this situation).

When calculating the payroll, the salary upon dismissal is taken into account along with all allowances due to the employee.

The legislation establishes strict requirements regarding the procedure for paying compensation upon dismissal, as well as the time frame within which the company must transfer the funds due to the employee. In accordance with Art. 84.1 and art. 140 of the Labor Code of the Russian Federation, full settlement with the dismissed employee must be made on his last working day. If for some reason the employee did not work on the day of payment, then payment after dismissal is made no later than the next day from the moment the request for payment is received from him.

In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the terms of payment of wages, including when dismissing an employee, he bears financial liability in the form of monetary compensation for each day of delay. It should be noted that when an employee goes to court, he also has the right to demand indexation of the amount of debt to the current inflation rate.

In addition, the employer may also be held administratively liable under Art. 5.27 Code of Administrative Offenses of the Russian Federation. In accordance with it, an individual entrepreneur or an official who is guilty of violating the terms of payment upon dismissal will receive a fine of up to 5 thousand rubles. For legal entities, the amount is more significant - from 30 to 50 thousand rubles. In the event of a repeated violation, an increase in the amount of the fine or a ban on employment in a managerial position is provided. To bring the employer to administrative responsibility, the employee must contact the State Tax Inspectorate department operating in the territory where the enterprise is located.

In especially severe cases, with a long delay in wages (from 3 months if part of it is not paid and from 2 months if the entire amount is withheld), the employer may be held criminally liable in accordance with Art. 145.1 of the Criminal Code of the Russian Federation. In this case, he may be subject to a fine with a ban on holding leadership positions, involvement in public works, or imprisonment for up to 3 years.

It is important to take into account that criminal liability provides for the presence of mercenary intent in withholding wages. Therefore, a person can be involved in it only after it has been proven that he has a personal interest in withholding payment upon dismissal. For example, the director of an enterprise delayed payments in order to misuse them.

Compensation for unused vacation upon dismissal

When paying money upon dismissal, it is necessary to pay attention to an important point: when calculating compensation for unused vacation, it is not the calendar year that is taken into account, but the working year, starting from the day the employee was hired. The calculation is made based on the employee’s average daily earnings multiplied by the number of vacation days due to him. It is important to consider that from this amount, in accordance with current legislation, all mandatory deductions, as well as income tax, must be paid.

If the employee has a debt to the company, the amount of the debt is deducted from the amount of payments when calculating. Debts also include vacation days taken on account, but not actually worked. To carry out such deduction, it is necessary to calculate the actual time worked in the current year.

Deduction for unworked vacation days is not made if:

the enterprise is liquidated;
the employee is being paid due to the inability to continue working due to health reasons and has refused to be transferred to another position;
the worker was drafted into the army;
the dismissal of a manager or accountant is made in connection with a change in the owner of the enterprise;
the former employee was reinstated to the position occupied by the employee (through the court or by decision of the labor inspectorate);
the employer, a private individual, was duly declared missing or died;
dismissal occurs for reasons beyond the control of the parties or due to force majeure.

Let’s take a closer look at how an employee’s dismissal calculation is made and the timing of its implementation. Employee Ivanov worked at the company for 4 years, after which he wrote a letter of resignation of his own free will. In this case, he is not paid severance pay or other additional payments. To make the final calculation, the accountant needs to calculate the amount of wages for actually worked and unpaid time, and also take into account vacation compensation.

Ivanov’s monthly salary at this enterprise is 20 thousand rubles. The total working days this month are 22. Accordingly, his daily earnings are 909.09 rubles (20 thousand rubles/22 days). This month he worked 17 days. This means that for the time actually worked, he should be credited 15,454.53 rubles. From this amount all deductions required by law are made.

2 months have passed since the beginning of his current working year, for which he did not use vacation days. According to the rule approved by law, it is generally assumed that an employee receives 2.33 days of vacation per month worked. Based on this, O the final calculation when dismissing employee Ivanov is as follows: 2.33 x 2 (months worked) x 909.00 (daily earnings) = 4236.36 rubles. In total, he must be paid: 4236.36 + 15454.53 = 19690.89 rubles"

Documents upon dismissal

According to Art. 84.1. According to the Labor Code of the Russian Federation, the termination of the labor relationship between an employee and an employer is formalized by an appropriate order or directive. This document must be drawn up in accordance with the requirements for drawing up personnel documentation approved by the State Statistics Committee, in form T-8 and T-8a.

The employer is obliged to familiarize the employee with the order against signature. The employee has the right to request a copy of this document, duly certified. If, due to objective reasons, it is impossible to familiarize the employee with the order to terminate the employment contract, or he refuses to sign the document, a corresponding note is made on the order.

On the day of dismissal, the employer must not only make a full settlement with the employee, but also provide him with the necessary documents:

work book;
certificate form 2-NDFL;
a certificate of earnings for calculating benefits;
duly certified documents related to the employee’s performance of his labor functions (at his request).

Personnel department employees must pay special attention to the timeliness of issuing the work permit to the former employee. The legislator does not allow this document to be retained by the enterprise. If it is impossible for the employee to deliver it on the day of payment, or he refuses to receive it, then the employer is obliged to send him a notice of the need to come to the enterprise for it or agree to send it by mail. After sending such notice, the employer is released from any responsibility for withholding the work record.

After receiving a written request from a former employee to transfer employment after dismissal, an authorized official of this enterprise must transfer this document to him no later than three days from the date of application.