People often refer to severance pay as all the money they receive when they quit. The exciting situation of changing jobs is always fraught with a bunch of questions from dismissed employees. Therefore, in this article I will answer an important question in as much detail as possible - What will the employee be paid upon dismissal? How are payments calculated, what are the consequences for the employer of non-payment or delay in this case, and other related issues.

Severance pay upon dismissal is stipulated in Article 178 of the Labor Code Russian Federation, which is called “Severance pay” and refers to Chapter 27 “Guarantees and compensation to employees related to termination of an employment contract.”

○ Severance pay upon dismissal.

Severance pay is a sum of money paid in a lump sum upon dismissal for certain reasons.

If something unpleasant for the workers happens - the liquidation of an organization or a massive reduction in the number (staff) of employees, in this case the employee is required to pay severance pay in the amount of average monthly earnings. In addition, he will retain his average monthly salary for the period of employment, but no longer than two months from the date of dismissal (including severance pay).

EXAMPLE! If employee Vasilisa the Beautiful has an average monthly salary of 18,200 rubles, and employee Zmey Gorynych has 22,660 rubles, both will receive exactly these amounts as severance pay upon layoffs.

However, if an enterprise or organization has a collective agreement stipulating that when dismissing employees during liquidation or reduction of staff, everyone is paid a severance pay of 30,000 rubles, then this is exactly the amount that will be paid to everyone.

IMPORTANT! In labor law, along with the Labor Code, other acts apply equally if they improve the situation of the employee.

If a laid-off employee applied to the employment service body, but was not employed within two weeks (about which he was given a corresponding decision by this body), then, by providing his work book and this decision at his old job, he can count on an average monthly salary of within the third month from the date of dismissal. But this case is exceptional.

Severance pay in the amount of two weeks' average earnings paid upon termination of the employment contract in the cases below.

1. If the employee has been issued a medical certificate that does not allow him to work under the conditions under which he was once hired for this job, the employer offered work in another position, but the employee refused (or the employer does not have a suitable vacancy). In this case, the employee is dismissed under clause 8 of part one of Article 77 of the Labor Code of the Russian Federation.
2. The situation could get worse - and the employee, due to some serious health reasons, is assigned a “non-working” disability group by the Medical and Sanitary Examination. It turns out that he is completely incapable of labor activity and must be dismissed immediately on the day the conclusion is issued due to circumstances beyond the control of the parties, paragraph 5 of part one of Article 83 of the Labor Code of the Russian Federation.
3. The employee was called for an emergency military service(the law in this case equates the alternative civil service to this service).

   EXAMPLE!If employee Ivan Zhukov received a summons and he honestly joined the army, and before that his average monthly salary was 22,500, then upon calculation he will be paid severance pay in the amount of 11,250. In addition, he will be paid wages worked and compensation for unused vacation. There will be something to spend the holidays on!

4. Practice labor relations is quite extensive, and our courts observe procedural deadlines and can take quite a long time to make their final decision. Thus, a situation may arise that you are hired to replace a person who filed a lawsuit for illegal dismissal and reinstatement at his former workplace in the same status.
   And this citizen was restored by the court to his former workplace. Unfortunately for you, as someone who works in this place today, the employer is forced to fire you (the basis is paragraph 2 of part one of Article 83 of the Labor Code of the Russian Federation). In this case, a weak form of compensation for your suffering will be the payment of severance pay.
5. It may happen that the employer is forced to move to another area for a number of reasons. If an employee does not agree to be transferred to work in another area together with the employer and refuses to move, then, in accordance with paragraph 9 of part one of Article 77 of the Labor Code of the Russian Federation, he resigns and is paid severance pay in the amount of two weeks’ average earnings.

○ Payments upon dismissal by agreement of the parties.

Payments upon dismissal by agreement of the parties are not required by law. However, payments and amounts of severance payments may be stipulated on the basis of an employment or collective agreement. In addition, payment may be stipulated in the agreement on termination of the employment contract itself.

EXAMPLE! Having written a letter of resignation by agreement of the parties from Field of Miracles LLC, Cat Basilio stipulated (and this was included in writing in the agreement) that his severance pay would be 5,000 rubles. This amount was added to his salary and compensation for unused vacation.

○ Deadlines for payment of severance pay upon dismissal.

The deadline for payment of severance pay upon dismissal is the employee’s last working day, when he will be given:

• Wages.
• Compensation for unused vacation.
• Severance pay, if it is stipulated by law or other act (collective agreement, employment contract, agreement of the parties).

IMPORTANT! The sums of money that must be paid to an employee dismissed due to the liquidation of the organization or due to a reduction in the number or staff, for the second and, in exceptional cases, for the third month of the employment period, are not considered severance pay! Accordingly, their payment terms are determined locally.

After the employee and employer have ended their employment relationship, an important procedure remains - obtaining documents and money due. So, let's look at how long it takes to pay the dismissal payment.

What is included in the calculation?

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

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

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

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

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

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

Non-standard situations

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

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

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

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

Employer's liability

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

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

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

Sashka Bukashka

Everything has its logical conclusion, and cooperation with the employer even more so. You always want to part on a positive wave and in good relations, and for this, accurate and timely payment upon dismissal is important. Payment terms, their types and features - we will analyze everything in order.

For each of these cases, let's consider what the employee should receive and how to calculate the payout upon dismissal.

Calculation when leaving at your own request

If a person leaves his job on his own, then in this case, upon dismissal, when should the payment be paid? To resign for this reason, in accordance with the labor code, you need to contact the employer with. The date of dismissal is the last working day, and it is also the date of final payment of all money due to the employee, in other words, settlement. On this day, the employer is obliged to hand over a work book, salary certificates, familiarize with the order and transfer to the card all amounts due. These include:

• salary for days worked prior to dismissal;
• bonuses, bonuses in accordance with current rules;
• (for as many days of rest as the employee has left untaken).

You can make sure that all the mentioned points and questions are reflected in the last transfer of money by requesting a payslip. Everything here should be clear, and you don’t need any online calculator for calculating your dismissal. Each type of accrual is reflected separately on the payslip. In accordance with the article of the Tax Code of the Russian Federation, a 13% tax will be withheld from the amount indicated for payment. The money is transferred to the employee’s account or handed out at the company’s cash desk.

Calculation of compensation for unused vacation: calculator

Employment date:

Date of dismissal:

How many days of vacation are you entitled to per year?

28 (general rule) 30 (disabled workers) 31 (minors or long working hours) 35 (harmful or dangerous working conditions) 44 (work in localities equivalent to the Far North) 52 (work in the Far North) other (enter the number of days manually)

Add periods not included in the vacation period (see help in the text):

Add period

How many calendar days Have you been granted leave in all previous years?

Write your average daily earnings (see help in the text):

The length of service for calculation does not include:

1. Parental leave.
2. Vacations at your own expense for more than 14 days. In this case, 14 days are counted towards the length of service, which gives the right to leave, and the 15th, 16th and subsequent days are excluded from it.
3. Days of absence from work without a valid reason.
4. Days of suspension from work.

Agreement of the parties and benefits

This method of separation or dismissal is also very popular; it allows you to put an end to the relationship quickly and sometimes provides additional amounts. But you need to know that according to the law, severance pay is not provided for this type of dismissal. It all depends on how the parties agreed. Sometimes the amount of additional payments is influenced by a collective agreement or individual terms of the employment contract, reflecting the responsibilities of the parties.

Sometimes employers, instead of reducing staff, use an agreement between the parties, since in this case there is no need to warn in advance, notify the employment center, consult with lawyers, and so on. If this is the case, it makes sense to demand severance pay, calculated as if you were being laid off. Management has no right to force people to sign this or that agreement, even upon dismissal.

Once you have agreed on severance pay, pay attention to the payment and full settlement deadlines specified in the severance agreement. As a rule, the employee receives all the money on the last day, but additional compensation may be transferred earlier.

If you are confused by the money received by agreement of the parties, and you suspect a violation of agreements on the part of the former employer, then demand that the set of documents issued at parting includes a note of calculation upon dismissal (pay slip), where the exact amounts paid will be visible.

Calculation for staff reduction

The procedure for layoffs and layoffs is quite labor-intensive and therefore occurs infrequently. What the employer must do by law:

• give written notice of layoffs 2 months in advance;
• familiarize yourself with the order;
• offer open vacancies for translation.

When the day of dismissal arrives, the employee receives all payments as in the case of normal resignation on his own initiative, and in addition - a benefit in the amount of one salary. How many months will the money be paid in this case? The erroneous opinion that during layoffs they pay 3 salaries per year was most likely born out of the 2 months of work before the layoff. But this time is paid as usual.

The calculation period for layoffs is the same - on the last day of work, at the time of dismissal.

Getting money for the second month after leaving is not so easy: you need to show your previous employer your work book without new entries a month after leaving. The third month is paid in exceptional cases: you must bring a certificate from the employment center stating that you registered no later than 2 weeks following the loss of your job, and a written decision on the benefit.

Deadlines for payment of compensation upon dismissal

Regardless of whether a person quits due to at will, by agreement of the parties, for a disciplinary violation or for dismissal, he must be paid all the money due on the last working day. This norm is strictly enshrined in.

What to do if payment is delayed

Unfortunately, not all organizations strictly comply with the law and pay employees on time. If the money has not been transferred by the end of the last working day, you can complain about the delay. There is a fact of an administrative offense for which a fine is imposed. Indeed, the employer refuses to pay what is due. In addition, for each day of delay, interest must be charged - at least 1/150 of the Central Bank rate. The amount of compensation for the delay is small, but if there are significant violations of the deadlines, the amount can add up to a significant amount.

If you were fired and did not receive money, this may be a reason to file a complaint. The employer will be subject to inspection and fined, and will also be required to pay you promptly with interest. You can also file an application in court and demand compensation for moral damage caused by the delay in payment to one or more persons.

Upon termination of the employment relationship, the organization or enterprise must calculate the salary upon dismissal with the employee. In connection with dismissal, employees are paid wages for days worked in the month of dismissal and compensation payments for unused vacation. Depending on the reasons for dismissal, the employee may also be given severance pay or compensation payments due to the termination of the working relationship, as well as retain the average monthly salary.

The basis for formalizing the dismissal of an employee, including the basis for calculating all payments that are due to him by law, is the Order to terminate the employment contract with the employee. This order is issued in a certain form of maintaining personnel documentation. It was approved by the State Statistics Committee (forms T-8, T-8a). By general rule, upon dismissal, the employee is paid:

1. Salary for working days that were actually worked in the month of dismissal, for example, when an employee quits of his own free will.

2. Compensation payments for unused vacation.

3. Severance pay (in cases established by labor legislation).

– work book;

– upon written application of the employee, copies of documents related to work are issued: copies of orders for admission, dismissal, relocation; certificates of salary, accrued and actually paid insurance premiums, etc.

Example of salary calculation upon dismissal

Employee Sergey Nikolaevich Fedorov resigns on November 19, 2015 due to conscription for military service. Calculate final salary.

First, let’s calculate wages for less than a full month:

Based on the fact that the monthly salary is 25 thousand rubles. , That

Salary for November = monthly salary / number of working shifts x number of shifts worked

Salary for November = 25,000.00/20x13 = 16,250.00 rub.

At the time of dismissal from Fedorov S.N. two weeks of unused vacation, so he is entitled to compensation for unused vacation.

Vacation compensation (KO) = salary for 12 months/(12 *29.43)* number of vacation days

KO = 25000.00/29.43x14 = 11945.39 rubles.

Since Fedorov S.N. is drafted into the army, then according to the Labor Code of the Russian Federation he is entitled to two weeks of severance pay.

Severance pay (VP) = average daily earnings for the year x 10 work shifts
Average daily earnings: salary for the previous 12 months / 12 / 29.3
25000/29.3 = 853.24 rubles.

VP = 853.24 x 10 = 8532.40 rub.

This severance pay is not subject to personal income tax.

Final payment = ZP + KO + VP – (ZP + KO)x13%

On the day of dismissal Fedorov S.N. will receive a final settlement of RUB 35,448.85.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

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 of dismissal in writing 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 delivery. 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 the exact requirements, but it should specify several important points:

1. Last name, first name, patronymic and position of the manager, name of the organization.
2. Last name, first name, patronymic of the applicant, i.e. the employee himself.
3. 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.
4. 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

By Labor Code In 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 return he will be given 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;
• labor payments 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 benefits sick leave.

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:

1. 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.
2. 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.
3. Dismissal. The employer makes a corresponding entry in work book, the employee signs for her on a 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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