What compensation is due upon dismissal? Calculation period for voluntary dismissal
IN Everyday life Anything can happen that makes it necessary to quit your job. The reason for leaving a job is individual for each person, although the dismissal procedure is the same for everyone. It is provided for in the provisions of labor law, which provide explanations for each specific case of dismissal.
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General provisions
The most common way to leave a job in Russia is to terminate the employee’s employment relationship with the employer using the wording “at his own request.”
In this case, the employer has the right:
The employer addresses the second case extremely rarely, in exceptional cases.
For example, when an employee motivates his dismissal:
Upon dismissal, the employee is entitled to all payments provided for by labor legislation, which he must receive in full.
Payment due to the employee Money carried out on the last working day. He is given a work book on the same day with a corresponding entry in it, which indicates the number of the dismissal order and its basis.
Upon dismissal from work at his own request, an employee is issued:
The above article notes that an employee, with the consent of the employer, can go on labor leave with subsequent dismissal from work, as well as receive compensation for it in cash equivalent.
It is issued to the employee for annual leave granted for recreation. If the employee has unused vacation for previous years, then they are also subject to payment.
In this case, payment is made in full if the total number of days remaining unused exceeds 56 calendar days.
The calculation is based on the average monthly salary, which is calculated for Last year preceding the start of labor leave. As a rule, the total number of days provided for rest is 28 calendar days.
If the employee before dismissal was on sick leave, which is issued in cases of temporary disability, he is paid in full for sick days.
When returning to work, the employee must provide the employer with a sick leave certificate within three working days, regardless of when it was received.
Labor law standards do not provide for the payment of severance pay upon dismissal at one's own request, although it may be provided for by internal regulations.
The provision for its payment can be introduced into a local act of the enterprise. The employer has the right to introduce it into internal regulations by legislative acts on labor.
What it is
Under the concept " severance pay“implies the payment of a monetary benefit provided for by labor law standards upon dismissal of an employee from the enterprise where he works.
It is paid by the employer in certain situations. For example, when an employee is dismissed for health reasons, due to which he cannot continue to perform his job duties.
Severance pay is not paid if the employee:
- committed a violation of labor discipline;
- resigns during the probationary period;
- decided to terminate the employment relationship with the employer at his own request;
- reached an agreement on dismissal with the employer;
- entered into an employment contract with the employer for a period not exceeding two months.
Severance pay may be paid to an employee if he is forced to resign under .
It notes that it is subject to payment upon dismissal from work as a result of the occurrence of circumstances beyond the control of the will of the parties terminating the employment contract.
In this situation, the employer, in accordance with Article 178, must pay a benefit to the employee, the amount of which is equal to two weeks’ average earnings.
Who does it apply to?
The payment of severance pay is provided by the legislator to ensure the protection of the rights of workers who are left without work for reasons beyond their control.
Which, of course, cannot be said about people who quit their jobs of their own free will. Payments are regulated by Article 178 of the Labor Code of the Russian Federation, which states the category of persons who are entitled to severance pay.
These include:
Indicators | Description |
Persons | conscripted for military service |
Workers | incapacity for any reason |
Workers quitting their jobs | due to the employer moving to another location |
Persons who do not wish to continue working | due to changes in the conditions stipulated in the employment contract |
Employees who refused offered vacancies | who were admitted due to deteriorating health conditions or receiving the second or third group |
Persons forced to leave work for health reasons | if the employer is unable to provide them with suitable work |
Employees holding the position of another employee | who was previously illegally dismissed from work |
Where to contact
The employee must write a statement in any form addressed to the management of the enterprise. In it, he must note that he wants to resign of his own free will.
The date from which he asks to be released from work is also indicated. He signs the application personally, after which he puts down the date of its writing. It is submitted to the head of the enterprise, who must endorse the application.
Labor legislation does not provide for a unified application form, but it must be written in accordance with the rules of personnel records management.
In it in mandatory in the upper right corner the name of the enterprise, the official data of the person to whom it is addressed, and its occupation are indicated.
Below, the applicant writes his own data, the structural unit where he works, and his position.
The title of the document is written slightly indented from the above data, in the middle. The main part contains the employee’s request to be fired from his job.
A copy of the application is transferred to the accounting department of the enterprise, where all funds due to the employee are processed.
The issue of calculating severance pay is decided directly according to the instructions of labor law and internal regulations.
Is severance pay due upon voluntary dismissal?
The employer has the right to establish in a collective agreement, local or other regulatory act that regulates the social and labor relations of the enterprise certain types of benefits, including the payment of severance pay.
This provision is enshrined in the Labor Code. If an employee resigns of his own free will, then the employer, taking into account his services to the enterprise, has the right to pay him severance pay.
In what cases is this possible?
In accordance with the standards of Article 178 Labor benefits severance pay is paid by the employer upon termination of an employment contract with an employee if:
In this case, the amount of severance pay is equal to the average monthly salary. It can be retained by the employee for the second month after dismissal if he was unable to find employment in another enterprise.
As a rule, severance pay in the above cases is paid for two months.
But there are cases when the employer pays benefits for the third month based on a request submitted by the employment service.
After dismissal, the employee must register with the specified body within the period established by the legislator. It is equal to two weeks, which are counted from the date of dismissal. The employment service is looking for a new job for the employee.
If she fails to find a job for an employee within three months, then he retains the average monthly earnings received at his previous workplace.
The employer must pay him compensation for the third month if the employee provides:
How is it calculated?
The amount of severance pay depends on the specific situation related to the reason for the employee’s dismissal. The issue of its calculation is regulated.
It can be paid in an increased amount if the employer has established a certain amount in a collective agreement or local act of the enterprise. For example, three times the salary, based on your capabilities.
Calculation of monetary benefits due to an employee is carried out on the basis of the following instructions:
- Legislative acts.
- Employment contract.
- Collective agreement.
Severance pay is calculated based on the actual time worked and average earnings per working day.
When calculating the amount of severance pay, the following payments are not taken into account:
- vacation pay;
- on sick leave;
- material aid.
Calculation example
Let’s assume that the company has a five-day work week with a total number of working hours of 40.
Initial data:
Determination of the average daily earnings of an employee:
SDZ = OZ/OD
SDZ = 48,500/38 = 1276.315 rubles.
Calculation of the amount of severance pay at a standard working time of two, amounting to 10 working days:
VP = SDZ x NRV
VP = 1276.315 x 10 = 12763.15 rubles.
The employer must pay 12,763.15 rubles of severance pay upon dismissal of an employee, if it is due in accordance with the instructions of legislative or local acts of the enterprise.
Video: voluntary dismissal
Main nuances
Often, under the guise of dismissal using the wording “own desire,” employees hide the real reason dismissals. They should be aware of the rules under which employees are paid.
An employee must know his rights in order to be able to receive the funds legally due to him.
Severance pay is essentially compensation paid to an employee upon termination of an employment contract with him by the employer.
Basically, it is initiated by the employer. In some cases, the grounds for dismissal are valid reasons that do not depend on the will of the parties who previously entered into an employment contract.
It notes that the employer has the right to terminate the employment contract before the end of the period provided for by labor law, if the written consent of the employee is obtained.
At the same time, he must pay the employee additional compensation, which is equal to the amount of average earnings. It is calculated in proportion to the time remaining until the end of the term.
In this case, we mean the notice period for dismissal, which is reported by the employee. He is obliged to notify the employer in advance that he wishes to terminate the employment contract.
Labor Code:
Article Description 40 collective agreement 41 content and structure transfer of an employee to another job in accordance with a medical report 77 general grounds for termination of an employment contract 80 termination of an employment contract at the initiative of the employee (at his own request) 83 termination due to circumstances beyond the control of the parties 84 due to violation of the rules for concluding an employment contract established by this Code or other federal law 139 calculation of average wages 140 payment terms upon dismissal 178 severance pay According to Russian law, the employer is obliged to pay various monetary compensations to the employee upon dismissal.
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They are subject to calculation in accordance with the requirements established in the Labor Code of the Russian Federation. Their size depends on many factors.
What do you need to know?
Dismissal occurs in several stages, the last of which is the receipt by the employee of a work book, as well as monetary compensation.
An employee can mainly claim:
- wages for days worked after the last payment;
- compensation paid if available.
Also, if the company’s local act indicated the presence of the so-called “thirteenth salary”, then it must also be provided to the employee.
The legislative framework
In 2020, the availability of compensation for unprovided leave after the dismissal of an employee has been established.
In addition to this compensation, the employee, depending on the situation, may be provided with:
- the amount specified as ;
- salary for days worked at;
- compensation in case of dismissal due to poor health.
In some cases, the employee must be paid. For example, if the dismissal occurred due to layoffs.
- To do this, it is worth calculating the number of months that have been worked since the end of the last vacation.
- The resulting number is multiplied by a factor of 2.33 and rounded to the nearest whole number.
It is worth clarifying that this formula is only effective for those organizations that provide employees with 28 days of vacation. The rest need to turn to the labor inspectorate for help.
If the employer pays the employee on time, then instead of the amount of payments, the boss is obliged to provide compensation.
To calculate it, you need to know the refinancing rate from the Central Bank (C), as well as the amount of debt (S) and the number of days that have passed since the end of the day of dismissal (D).
After all the circumstances have been clarified, it is enough to substitute the values into the formula: “C/100% × 1/300 × S × D.”
Is it subject to personal income tax?
For working employees, income and compensation for unused vacations are taxed, as well as severance pay amounts, the amount of which exceeds the established ones several times. Those who quit are exempt from taxes.
Getting fired is not the most pleasant moment. And regardless of how a person leaves, of his own free will, due to layoffs or for another reason, it is very important for him to receive the payments due to him upon dismissal. Unfortunately, not all people know what severance payments they should be provided with. Although in fact, workers are quite protected in this regard.
Payments to an employee upon dismissal
If you decide to leave your job voluntarily, you must notify your employer two weeks before leaving. At the same time, by mutual agreement, the employment contract can be terminated early. On the day of termination, you must be paid wages for the time worked and monetary compensation for unused vacations. Salary for the last month is calculated in proportion to the number of days worked. This may include interest and various bonuses provided for in the contract. Vacation pay is usually what causes problems for employees. Although it is not difficult to calculate them, unscrupulous employers often try to manipulate the expense of unused vacation, unreasonably understating the statutory payments to the employee upon dismissal. Therefore, you need to monitor this and calculate everything yourself.
Payments for leave upon dismissal are calculated in proportion to the amount of time worked in the current year. If you are entitled to 30 days of vacation per year, then for the six months you worked you should receive 15 days of vacation. If you did not go on vacation in the previous year, then you should be compensated for that too. By law, an employer does not have the right not to provide an employee with vacation for two years. Therefore, if it turns out that you have not been on vacation for more than two years, the employer will be responsible for this. An exception may be that you personally did not need leave, in which case the company must keep all your applications for transferring leave. Upon dismissal, all of them must be compensated to you.
If, on the contrary, you like to relax, and have already received vacation in advance this year, but have not worked for a year, then part of the vacation pay will be deducted from your salary. The deduction is also carried out in proportion to the months not worked in the year. If you haven’t worked for six months, then please return half of your vacation pay. If you have unused vacation, you can receive monetary compensation for it or have the opportunity to go on vacation before dismissal. Leave is given to you upon appropriate application and at the request of the employer. If the employer agrees to give you a vacation, in this case, payment of the dismissal payment will be made on the last day of work, and after the vacation you may not return to work. It is important to talk about sick leave during such a vacation. If after dismissal, while on vacation, you become ill, then the employer must pay you sick leave. If you leave at your own request, you cannot count on additional benefits and compensation. But what you are entitled to by law, the employer is obliged to pay.
Payments upon dismissal due to reduction
When leaving due to redundancy, you have the right to receive not only wages and vacation pay, but also various benefits. Payment of compensation upon dismissal includes severance pay in the amount of your average monthly salary. You may receive a larger amount if this is provided for in a collective or employment agreement. This benefit is not subject to income tax in the normal amount. individuals. If you receive benefits in larger size, tax will still be deducted from it.
Also, payments upon dismissal due to reduction also assume the preservation of average monthly earnings in the next two months after dismissal. In that average earnings the previous severance pay is also included. If you contact the city employment service within two weeks from the date of dismissal, then if it is impossible for you to find employment within two months, your average earnings will be retained for you in the third month.
Your employer is required to notify you of staff reductions and your resignation two months before the date of dismissal. Moreover, if you want to leave early, without waiting for the expiration of the two-month period, then you must be paid compensation in the amount of the average wage for the days not worked. This compensation is also not subject to personal income tax.
Thus, at the time of dismissal, you are required to pay the rest of your salary, monetary compensation for unused vacations, compensation for unworked days, as well as severance pay. You receive all this regardless of your subsequent employment. But the payment of funds to maintain the average salary in the next two months will occur only if you are unable to get a job at this time. That is, if you expect to receive funds in the second month after dismissal, be prepared to show your work book no new entries.
Another important point, if you fall ill within a month after dismissal, the employer is obliged to pay for temporary sick leave. The same applies to maternity leave. If the enterprise is liquidated, then employees are entitled to similar conditions of dismissal and corresponding payments. Now you clearly know what payments you are entitled to upon dismissal different situations. Don't forget that all workers' rights are protected Labor Code Russian Federation. And all actions of the employer must comply with the law.
Dismissal is a process known to almost every adult who has a job. This procedure has a huge number of different features and nuances. People can be fired for various reasons. Termination of employment relationships at the initiative of the employee is becoming more and more common. How does this process happen? And what kind of payments are due in this or that case upon dismissal at one's own request? We will have to answer these questions further. If the employer does not pay his subordinates, the dismissal will be considered violated. This can lead to a number of negative consequences for former boss.
When can you quit?
It is necessary to think in advance about what payments a citizen is entitled to upon dismissal of his own free will. But before settlement, the employee must tell the employer about his intentions. When is it possible to terminate an employment contract?
Anytime. Each subordinate can resign whenever he sees fit. This right is regulated by the labor legislation of the Russian Federation. You are allowed to resign at your own request not only during working hours, but also on vacation. There are no restrictions on this matter. Unless the employer must be notified in advance of your intentions.
Working off
Upon voluntary dismissal, payments to one degree or another are due to everyone leaving work. They are made after the application of the established form comes into force. As already mentioned, it is necessary to inform the employer in advance about plans to leave the company. According to the law, a citizen will have to work 14 days after submitting an application in the established form for termination of employment relations.
Work off is a mandatory item upon dismissal. However, sometimes you can get rid of it. For example, reach an agreement with the employer or go on vacation, submitting a resignation letter at the same time. This or that decision will slightly affect the amount of payments.
If a new employee wants to quit while on a probationary period, he will have to notify the employer 3 days before leaving work. He will still be paid.
When is the calculation made?
The next important nuance is when a person receives the money from the employer that is due to him by law. Every subordinate needs to remember this.
Payments after voluntary dismissal are provided on the day the order to terminate the employment relationship enters into force. You cannot demand funds immediately after submitting an application of the established form. After all, throughout the entire period of work, the employee may change his mind and withdraw the document.
If at the time of termination of the employment relationship the person was not at work, the payment is made no later than the next day after the former subordinate applied for the due money.
List of mandatory payments
What payments are a citizen entitled to in an organization upon dismissal of his own free will? There are mandatory and optional compensations. Let's start with what is provided to each subordinate.
So, mandatory payments upon termination of an employment relationship at the initiative of an employee include:
- calculation for time worked;
- payments for unused vacation.
There are no further mandatory payments. What is meant by each point?
Time worked
When dismissing at one's own request, payments for the time worked by the citizen are a mandatory payment. It is based on the days in a given month that a person spent in the company, fulfilling his job responsibilities. The calculation is made in the accounting department using a special certificate.
A citizen's salary is given in the form of payment for the time worked in a month. For example, an employee receives a salary of 40,000 rubles. In March, he worked 10 days out of 20 workers, quitting on March 20. Then the employee is entitled to 20 thousand rubles when leaving work.
Vacation
The following payments are due upon voluntary dismissal to almost all subordinates. Most often they do. It's about about payments for unused vacation. By law, every employee has the right to paid annual rest.
If a citizen did not receive it, but decided to quit, he can demand appropriate compensation from the employer. In this case, the period that a person spent at work without vacation is rounded according to the usual mathematical rules. This means that when working for 6 months and 20 days, we can assume that the subordinate did not rest for 7 months. If the employee worked for 5 months and 4 days, only 5 months are taken into account.
The calculation is made taking into account unused vacation days and the citizen’s salary. Usually, when leaving at your own request, payments for rest and for time worked are made at the same time.
Compensation
The obligatory funds have been sorted out. Did you quit voluntarily? What benefits are some employees entitled to?
A number of citizens, under certain circumstances, can count on payment of so-called compensation. Its size is set directly by the employer. Typically, compensation is not negotiated with subordinates.
This payment is extremely rare in Russia. Only employees with whom these funds are specified in the contract can apply for compensation.
In some cases, severance pay is assigned at a general meeting in amounts agreed upon with subordinates. This money will be issued without fail upon termination of the employment relationship.
Dismissal procedure
Now it is clear what payments upon dismissal of one’s own free will are due to an employee in one case or another. How to get them? What is the procedure for terminating relations between employers and subordinates?
A citizen who decides to resign must adhere to the following algorithm of actions:
- Write a letter of resignation. Give it to your boss 14 days before the wish takes effect.
- Work 2 weeks according to the law. You can go on sick leave or vacation in order not to work the allotted time.
- After 14 days, the employer issues a dismissal order. The citizen familiarizes himself with it and signs. If the employee refuses to familiarize himself with the document, the boss draws up a report.
- On the last working day, the subordinate takes the work book from the employer with a record of termination of the relationship, a pay slip and signs the receipt of the papers.
- In the accounting department, with the help of the issued sheet, payments are calculated upon dismissal at one's own request with the issuance of the required funds. It is necessary to sign the receipt of money in a special journal.
That's all. As soon as the subordinate has received all his papers and funds, he can be considered dismissed. But that's not all.
Sick leave
If a citizen falls ill within a month from the date of dismissal, he can demand from his former boss payment of sick leave on a certificate of incapacity for work. Only these funds have certain features.
Namely:
- Only citizens who are unemployed after dismissal can receive sick leave under a certificate of incapacity for work;
- the sheet must be presented no later than six months from the date of termination of employment in a particular company;
- The amount of payments is 60% of the salary.
Important: work experience in this situation is not taken into account. Certificates of incapacity for work issued to close relatives are not paid. This is a normal, legal phenomenon.
Hold
Did you quit voluntarily? What payments are due to the citizen in this case? The answer to this question will not cause any more trouble. It should be remembered that each employee receives compensation for vacation and time worked without fail. But under certain circumstances, the employer may withhold part of the funds. What is it about?
Withholding of payments occurs only in relation to unused vacation. If an employee has booked a vacation in advance, compensation for it is not due. Moreover, the subordinate must pay 80% of the vacation payment in advance himself. By law, the employer has the right to withhold 20% of the salary.
Therefore, sometimes when leaving at your own request, payments are given in incomplete amounts. Retention is the right of the employer. But it is prohibited to withhold funds without reason.
Results
Was it a voluntary dismissal? What payments are due to a subordinate? The answer to this question will not cause much trouble. What deadlines must be met? Payments upon dismissal at one's own request are due on the day of termination of the employment relationship. Or one day after a person applies for payment.
No more funds are required by law upon termination of the relationship between a subordinate and employer. You cannot demand them. But it should be remembered that every boss is obliged to provide payments both for time worked and for unused rest. Anyone can claim these compensations.
In fact, remembering what payments are due upon dismissal at your own request is easier than it seems. There are not many payments; they are calculated taking into account the employee’s salary and the number of days worked/available rest days.