Resign with compensation. How is severance pay calculated and in what cases is it paid upon dismissal?

Payments upon dismissal at will include salary for the period worked and vacation pay.

The employee must allow the employer time to find a replacement so that the business is not damaged. According to the law of the Labor Code of the Russian Federation, Article 80 Part 1 states that it is necessary to warn about the severance of labor relations 14 working days in advance.

Each employee can claim various social privileges from the employer, subject to official employment. Regardless of whether an employee quits or continues to work, he is required to pay:

earnings for the period worked;
sick leave in case of loss of ability to work;
vacation pay if you decide to take a scheduled vacation;
bonuses for certain merits, if they are reflected in the local act.

For short-term performance of duties by contractors and performers of various services after the conclusion of civil contracts, no additional social package. The scope of work is completed, the agreement is terminated, the head of the enterprise is paid only for services performed, repairs of premises or mechanisms.

Official registration of employment contracts allows you to:

take advantage of vacation after 6 months of service;
receive money for absence from work during illness;
use employee privileges provided by the Labor Code of the Russian Federation and based on local regulations.

The Labor Code of the Russian Federation obliges production managers to pay hired personnel upon their dismissal for all vacation periods that the employee did not use, as well as for days worked.

How does the reason for dismissal affect the calculation?

Personal desire is the most common reason to say goodbye to a job that does not satisfy the employee. In this case he gets due payments in the form of salary and compensation for unused . Sometimes a situation arises when an employee took a certain amount of time off in advance, received vacation pay and decided to quit. Article 138 of the Labor Code of the Russian Federation states that the employer can demand a refund of only 20% of the total accruals.

If his earnings do not allow him to repay the debt, he has the right to take:

Withhold the amount from accruals with the consent of the employee.
Demand repayment of the debt with your own cash.
Ignore debt.

The Labor Code of the Russian Federation in Article 77 clause 1 introduces the procedure for dismissal in the event of a mutual agreement between the boss and the subordinate. In this case, additional payments are not provided, except for the calculation in the general manner.

An exception may be the conditions employment contract, if they establish additional benefits for resigning workers.

Legislators are entitled to a special attitude towards personnel who have been laid off severance pay.

Features of this moment:

payments are made in the amount of the average monthly salary for 2 months;
for seasonal workers, payment is made 14 working days in advance;
workers in difficult northern conditions are given benefits for a 3-month period;
overpayment for advance leave is non-refundable.

The Labor Code of the Russian Federation in Article 307 emphasizes that individual entrepreneurs can carry out layoffs of employees based on the provisions stipulated in employment contracts. If there are no special conditions, no additional payment will be made.

The reason affects the amount of compensation payments. According to the Labor Code of the Russian Federation and Article 178, 2-week average earnings are provided to those dismissed in the event of:

there is no vacancy, there is no desire or opportunity to move to another position;
poor health;
receiving a summons to the army for military service;
the position was taken by the employee after returning from maternity leave;
changes made in the requirements and conditions of the employment contract.

Salary for 3 months is given to managers officials, if they are fired due to the transfer of the enterprise to another owner.

How to calculate salary in practice

Payment for labor includes not only salary, tariff work rates, but also all bonuses and other allowances specified in the contract, local regulations.

In this case, the reason for dismissal own initiative does not allow payment of severance pay. The amount of earnings depends on the accepted payment system. For time-based work, the salary and actual days worked are taken into account.

Let's say accountant I.A. Govorova. wrote a statement in which she asked to be dismissed from August 13 at her own request. She worked for 8 days, with a salary of 30,000 rubles. If there are 23 working days in August, Govorova is supposed to pay:

30 000: 23 = 1 304.34
1,304.34 x 8 = 10,434.72

Under the piecework system, days worked are not included in the calculation of wages; what matters here is how much work the worker will do. In construction, this could be the squaring of wall decoration, a turner's work, or manufactured parts. If the finisher processed 100 sq.m. at a cost of 30 rubles. for each unit:

Production activities can be carried out on a piece-rate, bonus or bonus basis. Working conditions and payment are prescribed in contracts; after receiving the dismissal order and the time sheet with the marked days worked, the accountant performs calculations for the dismissed employees.

In what order is compensation paid?

When paying vacation pay, an employee of the payroll department takes into account the period of unused time as the required rest at the time of dismissal.

An employee can use vacation by writing in the application “with subsequent dismissal.” If he falls ill during this time, sick leave will be paid, but the period will not be extended. According to the standard, in an ordinary enterprise, without special working conditions, workers are allowed to rest for 28 days.

This means that each month worked contains:

Provided that more than 15 days are worked in a month, it is counted as a whole month; if the value is less, it is not taken into account.

Using the example of accountant Govorova, compensation payments are not due for April. She took all the time off over the past year completely.

3 x 2.33 = 6.99 or 7 vacation days

The next step is to find out the average daily earnings. If we take into account that the salary did not change, there were no bonuses, and according to the Labor Code of the Russian Federation, a working month is equal to 29.3 days.

30 000: 29.3 = 1023.89
1023.89 x 7 = 7167.23

Please note that the average salary does not include:

payment of one-time financial assistance;
compensation payments for transportation costs, food;
tuition reimbursement;
allowance for recreational activities;
subsidies for utilities, assistance for child support.

How to register as unemployed after dismissal

arise different situations that influenced the dismissal. It is not always possible to immediately find a good position, a free place, satisfactory in terms of salary and conditions. You have to turn to advertisements, go to interviews, when you can’t resolve the issue, people come to the labor exchange.

You can officially obtain unemployed status and register with the employment center in the following cases:

the person does not work anywhere, he has no sources of income;
the citizen is actively searching for jobs and is ready to work at any time.

The responsibilities of employment exchange employees include the following social guarantees:

assistance in finding a job;
material support in the form of benefits;
Offers for retraining and advanced training are provided.

To register you will need the following documents:

identification;
extract from work book with a note about the last place of work;
certificate of earnings for 3 months;
copies of diplomas, certificates and certificates of education.

Based on documentary evidence, a search is made for the specialty most suitable for the applicant. After registration at the employment center, the unemployed person will have to fulfill all the requirements of this institution, provided that he is registered no later than a month after dismissal.

The main steps you need to go through:

Periodically, according to the schedule established by the institution, you will need to come and check in to confirm your unemployed status. A pass means first a reduction in benefits; if the violations do not stop, the person is deprived of material support.
The job search agency performs the duties assigned to them. Once the employer makes a request, it is forwarded to the applicant. After this, you will have to visit the company for an interview.
Citizens who quit on their own initiative are given a year to decide on their labor activity, choose one of the proposed options. First, vacancies will be received based on education and skill level. If within a year none of the proposals are satisfied, the candidate will be considered as an employee without professional skills.

They will not be registered as unemployed in the following cases:

the dismissed person works part-time;
the presence of additional sources of income has been proven;
an individual entrepreneurship has been opened in the name of the applicant;
minors and ;
citizen after imprisonment in a correctional institution.

If an unemployed person refuses to register with various organizations twice, he is excluded from the exchange lists and payments are stopped.

How much benefits are paid to the unemployed?

When a citizen, after registering with the central protection center, visits it according to schedule, responds to all interviews, but does not like it, according to various reasons None of the proposals means that he will face a gradual but regular decrease in material support.

In fact, labor exchanges can only pay one person for 2 years. If he gets a job at a company and then quits again, he will be registered again and will be renewed state maintenance for another year.

Initially, payments are assigned according to the average earnings indicated in certificate 2 of the personal income tax. The sample is based on the last 3 months.

The reduction occurs in the following order:

3 first months – 75%;
4 subsequent – 60%;
until he finds a job – 45%.

There are restrictions; the benefit cannot be less than 850 rubles. and more than 4,900 rubles.

It’s easy to lose your job, you just have to write in the application: “I ask you to resign of your own free will.” Sometimes it is very difficult to find a new one; in order to live with dignity, you may have to change your specialty. In this case, many citizens were helped morally and financially by the employment service. In the next bill, the government decides how to increase the amount of benefits for the unemployed to the minimum monthly wage of each region.

About labor holidays and compensation payments upon dismissal in the following video:

Aug 4, 2018 Help manual

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The employer is obliged to make all payments to the employee upon dismissal at his own request on the day of dismissal.

Dismissal at will is the most common basis for terminating an employment contract. This is the least troublesome and most convenient base.
An employee has the right to resign of his own free will at any time, but by notifying the employer 2 weeks in advance. If the employee is on a probationary period, then it is enough to notify the employer 3 calendar days in advance.

Notifying the employer of the employee’s desire to stop labor Relations is a statement from an employee with a request to dismiss him at his own request. The application must indicate the date from which the employee will no longer return to work.
The wording of the application should look like this: “I ask you to dismiss me of my own free will on April 15.” That is April 15 this employee He no longer goes to work, and his last working day is April 14. The employee must submit an application to the employer no later than April 1.

Based on this application, the employer issues a dismissal order and makes a full settlement with the employee.

What payments are due upon voluntary dismissal?

The employer is obliged to make a full payment to the employee on the day of dismissal. As a rule, the day of dismissal and the last working day coincide. Therefore, all payments are made on the last working day.
If these dates do not coincide, then payments upon dismissal of one's own free will are made upon the written request of the employee on the next day after receipt of this request.

The employer is obliged to pay the employee:

wages for the time actually worked, including the last working day;
compensation for unused vacation;
severance pay, if it is provided for in a collective or employment agreement.

Wages are paid for working days actually worked in the month of dismissal. For example, an employee quits on May 25, 2018. His salary is 42,400 rubles. According to the production calendar, May has 19 working days. The employee worked 14 working days. His salary for May will be equal to 42,400 / 19 * 14 = 31,242.10 rubles.

Compensation for unused vacation is paid along with wages. For example, on the day of dismissal, the employee had not been on vacation for 6 months and 17 days. As a rule, you need to round to full months. Since the number of days exceeds half a month, it is necessary to round up to big side. On the day of dismissal, the employee had not been on vacation for 7 months. Therefore, he has 28 / 12 * 7 = 16 days of vacation.
His salary for a month of work is 45,600 rubles. This employee will receive compensation for unused vacation in the amount of 45,600 / 29.3 * 16 = 24,901 rubles.

Payment of compensation for voluntary dismissal is made only if it is specified in the collective or employment agreement with the employee. The amount of such benefits is usually established by the employer and is not discussed with the employee when concluding an employment contract.
If the provision on severance pay is enshrined in collective agreement, then the size is discussed at a meeting of representatives of the employer and employees, and is reached through agreement.

An employee can quit without working for 2 weeks if he agrees with the employer. If such an agreement is reached, the employee may not go to work the very next working day. In this case, all payments must be made today.

If an employee writes a letter of resignation of his own free will, the employer has no choice but to fulfill his requirements and dismiss him in accordance with the law - comply with the deadlines, order and give everything in hand.

This is the delivery to the employee on the last day of work of all the funds he is entitled to according to the law.

The total amount of payments issued to the employee is made up of several components - wages and compensation. Severance pay is not provided in this case, since its payment occurs only at the initiative of the employer and without dismissal under the article.

As for compensation, it is due only for vacation days not taken, but it should be remembered that if the employee did not go on vacation for several years in a row, the period for the last 2 years is subject to compensation, and for the remaining unclaimed amounts will be lost.

Important: payments must be made no later than the last working day, that is, the day the employee is dismissed.

How an employee is dismissed at his own request and what payments he is entitled to - see here:

The legislative framework

The dismissal of one's own free will is indicated in Art. 77 of the Labor Code of the Russian Federation for any reason.

Art. 80 of the Labor Code of the Russian Federation gives the opportunity to rehabilitate the hasty employee and withdraw the application within 2 weeks, while in accordance with Art. 64 of the Labor Code of the Russian Federation, in the case of an existing candidate for this position, the request to withdraw the application will be rejected.

According to Art. 127 of the Labor Code of the Russian Federation, an employee has the right to leave before dismissal instead of compensation, after which dismissal will occur without working off. Important: full calculation is carried out in accordance with Art. 140 Labor Code of the Russian Federation.

Labor Code of the Russian Federation Article 140. Calculation 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 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.

Registration of dismissal at your own request

Such dismissal, when an employee shows initiative and intends to leave, consists of several stages, each of which should be strictly followed by both parties:

Solution. If an employee has decided to resign, he does not need to explain anything to the employer or even give reasons, he just needs to write. It is drawn up in free form, indicating the basic data relevant to the case, namely the date of dismissal, details of the organization, full name of the employer and your own.

The application should be submitted to the HR department or directly to superiors; if the employee has doubts about the consideration of the application, the document should be endorsed by the secretary or sent by a valuable letter with an inventory.

Duration 2 weeks. This period is called by different names; according to the law, there is no working period, but you are supposed to submit an application 2 weeks before dismissal, this time is necessary to replace the employee.

In this case, one should take into account the likelihood of the application being withdrawn, for example, the employee’s personal circumstances have changed or he was on an emotional high when he wrote the application. you will learn how to draw up a letter of resignation by agreement of the parties.

Important: the possibility of withdrawal does exist within a period of 2 weeks, taking into account the following nuances:

If vacation was provided before dismissal, then the decision on recall must be made before the start of the vacation;
If there is already a candidate for this place, the recall may be refused, since according to the law it is unacceptable to refuse a new employee.

Application for voluntary resignation.

The review has the same form as a letter of resignation. Work off is not mandatory, since not only can the parties amicably agree to separate without it, but there are also categories of people who are not entitled to work off.

Preparing for dismissal. If decision firm, then the manager issues an order, fills out the pay slip, the employee’s personal card, labor card, and on the day of dismissal, hands over everything along with the calculation. The calculation includes salary and compensation, and there may also be other payments provided for by internal regulations.

As you can see, the period of dismissal can vary from one day to several weeks, or even a month, if the employee initially decided to take a break.

There are several more articles that are permissible for use when dismissing, namely, if an employee is forcibly forced to leave of his own free will, when there is an initiative of the employer, then Art. 391, 394, 395 of the Labor Code of the Russian Federation, while in accordance with Art. 393 of the Labor Code of the Russian Federation, all payments for legal costs are made by the employer.

Labor Code of the Russian Federation Article 393. Exemption of employees from legal costs
When filing a claim in court for claims arising from labor relations, including regarding non-fulfillment or improper fulfillment of the terms of the employment contract, which are of a civil nature, employees are exempt from paying fees and legal costs.

Dismissal during the probationary period

Strictly speaking, this case is no different from a standard dismissal, only the period required for notice is 3 days.

This means that dismissal and receipt of payments with documents must be completed within a three-day period.

Regarding money, the employee has the right to the same compensation as others; he is entitled to payment of earned money and compensation for vacation if he has worked more than 15 days.

What funds are entitled to an employee?

Upon leaving, an employee has the right to receive:

Wages for those days of the last month that were worked;
He also has the right to vacation compensation, but only for Lately, if several unused periods accumulate, it will not be possible to receive compensation for all of them;
Among other things, if an employee had the misfortune of falling ill before the day of dismissal, then he has the right to sick pay even after dismissal within 30 calendar days. By what rules it is carried out - read the publication at the link.

Calculation examples

When an employee has not used a single day of vacation during the last working year, he has the right to receive compensation in full.

The calculation should take into account the number of unused days and how many overall the employee is entitled to in a given year.

Find out what payments are due upon dismissal due to staff reduction.

Sample order for dismissal of an employee.

With a full year of work, the employee has the right to vacation in the amount of 28 days, which means 2,389.08 * 28 = 66,894.24 rubles, he is entitled to compensation, this is if the vacation is standard and not extended and there are no additional accruals.

In addition, this employee has the right to receive a salary, presumably he worked 16 days in the last month out of the required ones, then 16 * 3,333.33 = 53,333.28 rubles of salary for the last days are required.

It follows that without any additional payments and sick leave, the employee has the right to receive 66,694.24 + 53,333.28 = 120,057.52 rubles when calculating.

3,333.33 rubles is the average daily earnings, based on the following calculation: 70,000/21.

Payment terms

This clause is stipulated by the articles of the Labor Code; payment is mandatory on the day of dismissal; if the employee is not at the enterprise on that day, it is permissible to make it the next day.

If an employee is dissatisfied with certain points, it is necessary to pay those funds regarding which he agrees, and those disputed by reaching a compromise or by a court decision, which is not the best option resolving the issue.

Conclusion

Receiving full severance payments is a right, not an opportunity, of the employee and must be respected by both parties.

You will find out what payments employees are entitled to upon dismissal in this video:

Salary payments, unused vacation, overtime schedules, etc. We will talk about this in more detail later in the article.

Two ways to voluntarily change employer

The Labor Code provides for two articles of leaving work without negative consequences for employee:

At your own request.
Dismissal by agreement of the parties.

Payments provided for by law in mandatory, will be the same.

Legal differences

Dismissal by mutual agreement in most cases implies that there is some conflict in the workplace between the employee and the employer. As well as other situations when an employee must leave his place of work:

selection of fresh personnel by the new director;
the specialist no longer meets the requirements;
the conditions for the profitability of the enterprise have changed;
reorganization and much more.

But if the employee does not intend to write or, as provided in Labor Code, terminate the contract on his own initiative, then he is offered dismissal by agreement of the parties. Payments in this case are somewhat different from other methods of terminating the contract. That is, such an employee is entitled to mandatory payments, as with any other method of dismissal, but he is also offered additional payments.

This is the fundamental difference. A mutual agreement, as a rule, is always supplemented by some kind of “indemnity” from the side former employer. This could be a one-time benefit equal to the annual salary, a lifetime discount on products, a permanent share of profits, and more. In this way, the former employee is compensated for voluntary dismissal.

In case of voluntary dismissal, this is not provided, even if the employee is psychologically pressured and forced to leave the organization.

Judicial practice shows that it is almost impossible to recover after mutual agreement. But it is possible to cancel at the initiative of the employee. It is enough to provide arguments that will prove psychological pressure from the administration.

It is important to know what payments are required by law and the deadlines for voluntary dismissal. Thus, when terminating a contract on his own initiative, an employee may receive:

wages;
compensation for unused vacation;
other transfers in accordance with the law.

Deadlines for voluntary dismissal: will payments be made immediately or will you have to wait?

The main question that worries employees the most is how long to wait for the due payments? The law does not provide for “toleration.” Payment of dismissal benefits and all payments must be made on the day of dismissal. But what to do if the employee is absent for any reason (sick leave, day off)? In this case, all payments must be made no later than the next day after the application.

The employer doesn't know what to do?

It should be noted right away that the final payment on the day of dismissal is not a gift from the company, but an obligation.

If this does not happen, you must immediately contact either the prosecutor's office or the labor inspectorate. After this, as a rule, the organization always has money. And the managers themselves pay considerable fines for violating labor laws.

How to calculate compensation for unused vacation

In order to find out what amount of payment will be discussed, you need to know the following:

Number of days worked since the last annual paid leave.
How many days per year is an employee supposed to be on vacation (for example, teaching staff have about two months).
Average salary.

Calculation examples

Suppose an employee has the right, according to an employment contract, to 30 calendar paid days per year. His average salary is 20 thousand rubles per month. This is approximately 670 rubles per day. Divide the number of calendar days by 30.

It turns out that for every 12 days of work, one day of paid leave is provided. The employee worked for 3 months, that is, 91 days. It is necessary to divide this number by 12 (the number of vacation days the employee has earned).

Let us multiply the resulting result by 670. Therefore, in our example, for 91 days worked, an additional payment of just over 5,080 rubles is due for unused annual paid leave.

This calculation formula is conditional. It is provided for a better understanding of the additional payment. Depending on the individual work characteristics of the employee, the accounting department may use another method. In any case, all formulas and payslips must be requested from the enterprise.

Labor Code of the Russian Federation (LLC): dismissal in compliance with the law

It is important to know that many cases arise when an employee is fired “under the article” and not at his own request. Of course, this is all conditional, since in any case the basis for this is one of the norms of the labor code.

But by “article” many people mean dismissal not at the initiative of the employee. The synonym here is the word “kicked out.” And in order to avoid a negative “article”, it is necessary to do everything legal procedures upon dismissal of one's own free will. Of course, the employer is obliged to make payments in any case, regardless of the reason, but the employee also has a number of responsibilities. And the most important of them is to notify the administration 2 weeks before the planned dismissal. Many people mistakenly call this period working off.

main feature

Working off is the mandatory performance of labor duties for a certain period. The Labor Code of the Russian Federation does not imply this in this case. It is enough to give written notice that the employee is going to leave work two weeks in advance.

You can go on vacation, sick leave, etc. In this case, no work is provided. This was not in the Labor Code (Article 32 also provided for a warning), nor in the new Labor Code (Article 80).

Common mistake of the “smartest”

Some employees know that there is no work off, and they conclude from this that they can write and terminate the employment relationship at any day. But this misconception very often leads to dismissal for absenteeism, which has a negative impact on subsequent employment.

Therefore, it is very important to know when dismissing what payments are due, and how correctly, from the point of view of law, to change the employer.

Features of calculating payments for sick leave

There are times when an employee for a long time sick. While on sick leave, he decides to resign and gives formal notice. for wages in this case they are required to do it on the last day of the two-week period, despite the fact that it falls on sick leave.

There is simply a note in the order that it is impossible to familiarize the person with the contents of this document. Although you can send documents or notifications by registered mail.

As for sick leave payments, they are calculated within 10 days from the date of submission of the certificate from medical institution and are made on the general day of transfer wages employees.