Should I be paid compensation upon dismissal? What payments are due to the employee upon dismissal. For unused vacation

If you change jobs, it is very important that between you and the employer there is a full settlement of the financial resources that you were entitled to. And that is why it is very important to know your labor rights in order to prevent their violation. We will talk about this topic right now.

Features of dismissal and payments

Dismissal is the termination of work under an employment contract. It is made on the grounds that are provided for by Chapter 13 of the Labor Code of the Russian Federation. The day of dismissal is the last day of work of the employee. Regardless of the reason for dismissal, the employer must always pay employees in full. The procedure and conditions for the payment of compensation and severance pay are specified in the Labor Code of the Russian Federation. According to its provisions, upon dismissal, the employee must receive:

wages for actual hours worked in the current month;

compensation for unused vacation(all vacation days during different years);

· severance pay, the amount of which is determined by law.

As a rule, wages are paid to dismissed persons no later than the day of dismissal (according to Article 140 of the Labor Code of the Russian Federation). If the person did not work on the last working day, then the money is paid no later than the day following the presentation of the last demand for the final settlement.

Basic payouts

So, let's talk in more detail about what payments the employer makes upon dismissal. The first is wages for the hours actually worked during the month when the employee quit. It includes all available allowances, bonuses and surcharges.

According to Article 127 of the Labor Code of the Russian Federation, upon dismissal, an employee is also entitled to monetary compensation accrued for unused vacation. At the same time, the employee may submit a written application that unused vacations can be granted to him along with the dismissal. This does not apply to cases of dismissal on the basis of guilty actions - in this case, the last day of vacation is considered the day of dismissal. All amounts due to the employee are paid before he goes on vacation.

If the leave for the current year was provided to the employee as an advance payment, and the year at the time of dismissal did not fully work out, then the amount of average earnings for unworked days is subject to deduction. However, hold is not performed in the following situations:

Termination of activities or liquidation;

reduction in the number of employees;

non-compliance of the employee with the position or duties due to health reasons;

change of ownership of the company's property;

conscription of an employee for military service or assignment to alternative service;

reinstatement of an employee at the workplace, who previously performed his duties by decision of the court or the state labor inspectorate;

recognition of the employee as completely incapacitated;

the death of an employer or employee;

The occurrence of extraordinary circumstances that prevent the continuation labor relations.

With regard to severance pay, upon dismissal, the average monthly earnings are paid. Also, for the period of employment, the employee retains the right to receive an average monthly salary, but not more than 2 months from the date of dismissal.

Severance pay is paid regardless of the subsequent employment of employees in the presence of circumstances provided for by the Labor Code of the Russian Federation. As regards the average wages, then it can be retained for the dismissed employee only if he does not get a job new job. So, if you want to be paid your average monthly salary for the period of employment for the second month, you need to confirm that you did not work during this time. This will require submitting work book.

This information will help you to receive all payments upon termination.

IN Everyday life Anything can happen that makes you want to quit your job. The reason for leaving work is individual for each person, although the procedure for dismissal is the same for everyone. It is provided for in the provisions labor law, where explanations are given for each specific case of dismissal.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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General provisions

The most common way in Russia to leave work is to terminate the employment relationship between an employee and an employer according to the wording “according to own will».

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 an employee Money carried out on the last business day. He is given a work book in his hands on the same day with a corresponding entry in it, which indicates the number of the dismissal order, its basis.

Upon dismissal from work at his own request, the employee is issued:

The above article notes that an employee, with the consent of the employer, can go into labor with subsequent dismissal from work, as well as receive compensation for him in monetary terms.

It is issued to an employee for annual leave provided for recreation. If the employee has unused vacation for previous years, then they are also payable.

In this case, the 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 the last year prior to going on vacation. 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, then he is paid for the days of illness in full.

An employee, upon returning to work, must submit to the employer a sick leave certificate within three working days, regardless of when it was received.

The labor law regulations do not provide for the payment of severance pay upon dismissal of one's own free will, although it may be provided for by internal acts.

The provision on its payment can be introduced into the local act of the enterprise. The employer has the right to introduce him into the internal regulations labor laws.

What it is

The concept of "severance pay" means the payment of a cash 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, because of which he can no longer fulfill his labor duties.

Severance pay is not paid accordingly if the employee:

  • committed a violation of labor discipline;
  • leaves 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;
  • concluded 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 quit in accordance with.

It notes that it is payable upon dismissal from work as a result of circumstances that do not depend on the will of the parties terminating the employment contract.

In this situation, the employer, in accordance with Article 178, must pay an allowance to the employee, the amount of which is equal to two weeks' average earnings.

To whom does it apply

The payment of severance pay is provided by the legislator in order 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. Article 178 of the Labor Code of the Russian Federation regulates the implementation of payments, which indicates the category of persons who are entitled to severance pay.

These include:

Indicators Description
faces called up for military service
Employees work capacity for any reason
Employees leaving their jobs due to the employer's relocation to another locality
Persons who do not want to continue working due to changes in the conditions stipulated in the employment contract
Employees who turned down job offers who arrived as a result of a deterioration in health status or receiving the second, third group
Persons forced to quit their jobs due to health reasons if the employer is unable to provide them with a suitable job
Employees holding the position of another employee who had previously been illegally fired from a job

Where to contact

The employee must write an application in any form addressed to the management of the enterprise. In it, he should note that he wants to quit 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.

It must indicate in the upper right corner the name of the enterprise, the official data of the person to whom it is addressed, its occupied.

Below the applicant writes his own data, structural subdivision where he works, the position he holds.

The title of the document is written slightly deviating from the above data, in the middle. The main part contains the request of the employee to be fired from his job.

A copy of the application is transferred to the accounting department of the enterprise, where all the funds due to the employee are produced.

The issue of accruing severance pay is decided directly according to the instructions of labor law, internal regulatory documents.

Is severance pay due upon dismissal of one's own free will?

The employer has the right to set 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 - Labor Code. If an employee leaves of his own free will, the employer, taking into account his merits at the enterprise, has the right to pay him a severance pay.

In what cases is it possible

In accordance with the standards of Article 178 of the Labor Allowance, severance pay is paid by the employer upon termination with the employee employment contract, if:

The amount of the severance pay is equal to the average monthly salary. It can be retained by the employee for the second month after the dismissal, if he could not find a job at another enterprise.

As a rule, the severance pay in the above cases is paid for two months.

But there are cases when the employer pays the allowance for the third month at the request of 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 day of dismissal. The employment service is looking for a new job for the employee.

If she has not been able to employ an employee for three months, then the average monthly salary received at the previous workplace is retained.

The employer must pay him compensation for the third month if the employee provides:

How is it calculated

The amount of the severance pay depends on specific situation associated with the reason for the dismissal of the employee. The issue of its calculation is regulated.

It can be paid at an increased rate if the employer has established in the collective agreement or local act enterprises of a certain size. For example, three times the amount of wages, based on their capabilities.

The calculation of the cash benefits due to the employee is carried out on the basis of instructions:

  1. Legislative acts.
  2. Labor contract.
  3. collective agreement.

The severance pay is calculated based on the actual hours worked, the average earnings per working day.

When calculating the amount of severance pay, payments are not taken into account:

  • holiday pay;
  • on sick leave;
  • material aid.

Calculation example

Assume that the company has a five-day work week with a total of 40 working hours.

Initial data:

Determination of the average daily earnings of an employee:

SDZ = OZ / OD

SDZ \u003d 48,500/38 \u003d 1276.315 rubles.

Calculation of the amount of severance pay with a norm of working hours for two, which is 10 working days:

VP \u003d SDZ x NRV

VP \u003d 1276.315 x 10 \u003d 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 according to the wording “own desire”, employees hide the true reason for dismissal. They should be aware of the rules under which employees are paid.

The employee must know his rights in order to be able to receive the legal basis cash.

Severance pay is essentially compensation paid to an employee upon termination of an employment contract with him by the employer.

Basically, it is the employer who initiates it. In some cases, the grounds for dismissal are valid reasons that do not depend on the will of the parties that have previously concluded an employment contract.

It notes that the employer has the right to terminate the employment contract before the expiration 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 size of the average earnings. It is calculated in proportion to the time remaining until the end of the term.

In this case, we mean the period of notice of 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 the 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 provisions of this Code or other federal law rules for concluding an employment contract
139 calculation of the average wage
140 due dates for dismissal
178 severance pay

Tax code:

And in conclusion, it should be noted that disputes regarding payments may be resolved in judicial order if the employee and the employer cannot reach a consensus.

Dismissal payments are the final settlement with the employee upon termination of the employment contract. In addition to the salary for the period worked, upon dismissal, compensation for unused vacation and severance pay is accrued. The composition of the final settlement largely depends on the reason for the dismissal. Consider what payments are due to the employee upon dismissal.

Who is entitled to payments upon dismissal of their own free will in 2019

The right to leave (and payment of compensation for it), as well as to other types of benefits (payment of sick leaves, additional payments upon dismissal), is reserved only for those employees who have an employment contract with the employer.

Performers working under civil law contracts (contract, lease, provision of services, etc.) are not entitled to claim additional compensation at the end of the contract and payments upon dismissal, except for payment for the work done.

For other information on the specifics of concluding civil law contracts, see the article "Contract and insurance premiums: the nuances of taxation" .

Employees who have concluded employment contracts are entitled to take leave:

  • after 6 months of work;
  • or earlier - in agreement with the authorities or under certain conditions (minors, pregnant women) in accordance with Art. 122 of the Labor Code of the Russian Federation.

Upon dismissal, the employer is obliged to calculate and pay compensation for all periods of unused vacation, regardless of their duration and reasons for dismissal (Article 127 of the Labor Code of the Russian Federation). If the vacation was taken in advance, the overpaid amount may be deducted from the final calculation.

The settlement with the dismissed employee must be made on the last working day, and if he is absent from work, no later than the next day after applying for the calculation (Article 140 of the Labor Code of the Russian Federation).

Payments upon dismissal of one's own free will

If an employee terminates the contract on a personal initiative, only the calculation for the period worked and compensation for unused vacation are due as a payment upon dismissal.

For information on how to make calculations in this case, see the article "Calculation of compensation for unused vacation under the Labor Code of the Russian Federation" .

If the employee has a debt, including for a vacation taken in advance, the employer has the right to withhold the amounts previously paid in excess, but not more than 20% of the salary accrued for payment (Article 138 of the Labor Code of the Russian Federation). If the amount of earnings to pay off the total debt is not enough, you can take the following actions:

  • obtain written consent from the employee to withhold the required amount;
  • offer to pay the amount of the debt to the cashier;
  • forgive an employee for a debt upon dismissal.

Payments upon dismissal by agreement of the parties

If an employee terminates the contract by mutual agreement with the authorities, the question often arises: what payments are due upon dismissal by agreement of the parties?

The Labor Code of the Russian Federation enshrines the right of the employee to receive in such cases only compensation for unused vacation and calculation for the period worked. Information on other additional payments upon dismissal on the basis of paragraph 1 of Art. 77 of the Labor Code of the Russian Federation, which the employer is obliged to transfer to the employee, does not contain the legislation of the Russian Federation. The basis for them may be an agreement to an employment contract, where other conditions may be prescribed for the employee to receive additional monetary compensation upon termination of employment obligations.

Read about the need for taxation of such payments in the article. “Is personal income tax subject to severance pay upon dismissal?” .

Severance pay for redundancy

If an employee has to be fired as a result of the ongoing reduction, he has the right to receive additional compensation payments upon dismissal - severance pay.

The payment of benefits in this case has a number of features:

  • The amount of the severance pay is equal to the average monthly earnings of the dismissed employee. The maximum period for the payment of benefits is 2 months, during which a citizen can re-employ. In exceptional cases, by decision of the employment service, the payment of the average monthly salary can be extended for the 3rd month after the dismissal.
  • Seasonal workers are paid severance pay in the amount of 2 weeks of average earnings in case of reduction or liquidation of the enterprise (Article 296 of the Labor Code of the Russian Federation).
  • For employees of the Far North and equivalent areas, the duration of such payments is 3 months. These periods, at the discretion of the employment service, can be extended for several more months (Article 318 of the Labor Code of the Russian Federation).
  • If an employee has been made redundant, but has an outstanding debt for the vacation used in advance, the deduction of such overpaid amounts is not allowed.
  • If the employee was employed by an individual who is an individual entrepreneur, all possible payments upon termination of the employment relationship must be fixed in the employment contract (Article 307 of the Labor Code of the Russian Federation). In the absence of such conditions, the dismissed person is not entitled to claim additional amounts.

Other payments upon dismissal

Upon dismissal, employees may be paid compensation in different amounts, depending on the reason for terminating the employment contract.

You can count on payments upon dismissal in the amount of 2-week average earnings in the case (Article 178 of the Labor Code of the Russian Federation):

  • refusal to transfer to another place of work or the absence of a corresponding vacancy if the employee can no longer remain at same place for medical reasons;
  • conscription for military service;
  • refusal to move to another area due to the needs of the employer;
  • reinstatement in the previous position of an employee who previously performed the duties of a dismissed employee;
  • changes in the terms of the contract, which resulted in the employee's refusal to continue performing labor functions.

A severance pay in the amount of 3 months' salary is paid to persons who leadership positions(directors, chief accountants), if the reason for termination of the employment contract was a change in the owner of the organization.

Results

Employees are entitled to certain payments upon dismissal. Their amount depends on the reason for termination of the employment contract. In case of violation by the employer of the procedure and terms of payments, administrative and, in some cases, criminal liability is provided.

Dismissal is a process known to almost every adult who has a job. This procedure has a huge variety of features and nuances. You can get fired for a variety of reasons. Termination of employment relations at the initiative of the employee is becoming more and more common. How does this process take place? And what payments are due in this or that case upon dismissal of one's own free will? We will have to answer these questions next. If the employer does not pay off his subordinates, the dismissal will be considered violated. This can lead to a number of negative consequences for the former boss.

When can you quit

It is necessary to think about what payments upon dismissal of one's own free will are due to a citizen in advance. But before the calculation, the employee must tell the employer about his intentions. When is it permissible to terminate an employment contract?

Anytime. Each subordinate can quit when he sees fit. This right is regulated by the labor legislation of the Russian Federation. At their own request, it is allowed to quit not only in work time but also on vacation. There are no restrictions on this. Is that the employer must be notified in advance of their intentions.

Working off

Upon dismissal of one's own free will, payments to one degree or another are due to everyone leaving work. They are made after the entry into force of the application of the established form. As already mentioned, it is necessary to inform the employer in advance about plans to leave the company. By law, a citizen will have to work 14 days after submitting an application in the established form for termination of employment.

Working off is a mandatory item upon dismissal. However, sometimes you can get rid of it. For example, to negotiate with the employer or go on vacation, filing a parallel letter of resignation. This or that decision will slightly affect the amount of payments.

If new employee wants to quit while at work probationary period, he will have to notify the employer 3 days before leaving work. He will still be paid.

When the calculation is made

The next important nuance is when a person receives money from the employer that is due to him by law. This must be remembered by every subordinate.

Payments after dismissal of one's own free will are provided on the day the order to terminate the employment relationship enters into force. It is impossible to demand funds immediately after submitting an application of the established form. After all, throughout the entire working out, the employee can change his mind and pick up the document.

If at the time of termination of the employment relationship a person was not at the workplace, the calculation is made no later than the next day after the former subordinate applied for the money due.

List of mandatory payments

What payments upon dismissal of one's own free will are due to a citizen in an organization? There are mandatory and optional compensation. Let's start with what is provided to each subordinate.

So, the mandatory payments upon termination of employment at the initiative of the employee include:

  • calculation for hours worked;
  • payments for unused vacation.

There are no further mandatory payments. What is meant by each item?

hours worked

Upon dismissal of one's own free will, payments for the time worked by a citizen are mandatory payment. It is set for the days in a given month that a person spent in the company, fulfilling his official duties. The calculation is made in the accounting department according to a special certificate.

The salary is given to a citizen just in the form of a 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 dismissal of their own free will to almost all subordinates. Most often they take place. We are talking about payments for unused vacation. By law, every employee is entitled to paid annual leave.

If a citizen did not receive it, but decided to quit, one can demand appropriate compensation from the employer. At the same time, the period that a person spent at the workplace without a vacation is rounded off 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 5 months and 4 days, only 5 months are taken into account.

The calculation is made taking into account unused vacation days and the salary of a citizen. Usually, upon dismissal of one's own free will, payments for rest and for hours worked are made at the same time.

Compensation

We have dealt with the obligatory funds. Was there a voluntary dismissal? What payments are due to some employees?

A number of citizens, under certain circumstances, can count on the payment of so-called compensation. Its size is set directly by the employer. Usually, compensation is not negotiated with subordinates.

This payment in Russia is extremely rare. Only employees with whom this money is specified in the contract can claim compensation.

In some cases, severance pay is given for general meeting in sizes agreed 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 the employee in this or that case. And how to get them? What is the procedure for terminating relations between employers and subordinates?

A citizen who decides to quit must adhere to the following algorithm of actions:

  1. Write a letter of resignation. Give it to the boss 14 days before the wish comes into force.
  2. Work 2 weeks legally. You can go on sick leave or vacation in order not to work out the allotted time.
  3. After 14 days, the employer issues a dismissal order. The citizen gets acquainted with it and puts his signature. If the employee refused to get acquainted with the document, the head draws up an act.
  4. From the employer on the last working day, the subordinate takes the work book with a record of the termination of relations, the pay slip and signs the receipt of the papers.
  5. In the accounting department, using the issued sheet, payments are calculated upon dismissal of one's own free will with the issuance of the required funds. It is necessary to put a signature on the receipt of money in a special journal.

That's all. Once a subordinate has received all his papers and cash, he can be considered fired. But that's not all.

sick leave

If a citizen falls ill within a month from the date of dismissal, he may demand from the former boss payment for sick leave on a sick leave. Only these funds have certain features.

Namely:

  • according to the certificate of incapacity for work, only citizens who are not working after dismissal can receive sick leave;
  • the sheet is presented no later than six months after the 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. Disability certificates issued to close relatives are not paid. This is a normal, legal occurrence.

Retention

Was there a voluntary dismissal? What payments are due to a citizen in this case? Answer to this question won't cause any more trouble. It should be remembered that each employee receives compensation for vacation and hours worked without fail. But under certain circumstances, the employer can withhold part of the funds. What is this about?

Withholding of payments takes place only in relation to unused vacation. If an employee booked a holiday in advance, compensation for it is not due. Moreover, the subordinate must pay 80% of the vacation pay in advance on his own. By law, the employer has the right to withhold 20% of the salary.

Therefore, sometimes upon dismissal of one's own free will, payments are issued in incomplete amounts. Withholding is the right of the employer. But without reason to hold money is prohibited.

Results

Was it a voluntary resignation? What payments are due to a subordinate? The answer to this question will not cause much trouble. What deadlines need to be met? Payments upon dismissal of one's own free will are due on the day the employment relationship is terminated. Or one day after the person's request for payment.

No more funds are required by law for the termination of relations between a subordinate and an employer. They cannot be required. But it should be remembered that each boss is obliged to provide payments for both hours worked and for unused rest. Anyone can claim these compensations.

In fact, remembering what payments are due upon dismissal of one's own free will is easier than it seems. There are not so many payments, they are calculated taking into account the salary of the employee and the number of days worked / available days of rest.

Upon dismissal, the head of the organization pays the employee wages, and in some cases, severance pay and other payments.

What is the procedure for these payments, and in what terms is the settlement with the employee made?

We will deal with these and many other questions in our detailed article.

General rules for calculating dismissal

  • salary for actual hours worked;
  • other payments due to the employee. For example, if he was on sick leave, he is paid.

In addition to cash payments, on the last day of service, the employee receives a work book, a certificate of calculation of the amount of benefits, and at the written request of the employee, the management must transfer to him all the documents related to his activities on this enterprise(on recruitment, transfer to another position, etc.).

Wage

If there is a dispute over the final amount of the payroll, the employer undertakes to pay the employee the amount that is not disputed.

In case of violations of the terms or amounts of payment of wages, the employee has the authority or.

When paying salaries, the employer must take into account bonuses, allowances, surcharges, all these incentive payments must be taken into account when determining the final salary amount.

Holiday compensation

Moreover, the labor legislation (Article 127) clearly states that absolutely all unused vacations are taken into account when dismissing, if they were not previously paid.

Leave for the year worked must be at least 28 days. At the request of an employee, his vacation can be “broken” into parts, but one of its parts must certainly be at least 14 days.

According to the rules established in the labor legislation, leave must be provided to each of the employees of the enterprise at least once in two years of work.

If no vacation was granted for two years, in case of dismissal, monetary compensation is provided for unused vacation days.

If, on the contrary, the employee has not completed the working year, then he will be paid vacation pay only for the time actually worked.

Moreover, the employee needs to work for more than half of the month in which the dismissal is planned, otherwise the period, which is less than half a month, will not be taken into account in the calculation.

When calculating leave, all hours worked and periods when:

  • the employee did not work, but his position was retained. This applies to vacation days, weekends, holidays;
  • vacation at their own expense, but not more than two weeks.

After determining the period for which the vacation is due, it is necessary to calculate the amount of average earnings per day.

To determine this indicator, the total income for the period necessary for the calculation is taken, which then needs to be divided by 12. And then this amount is divided by 29.3 - the average number of days in a month.

Consider the calculation of vacation pay using a simple example:

Upon dismissal of Fedorov I.S. he has 20 days of unused vacation. His monthly salary is 25 thousand rubles.

KO (holiday compensation) \u003d Salary for 12 months / (12 * 29.3) * for the number of vacation days

KO \u003d 25 thousand rubles. / 29.3 * 20 \u003d 17064.84 rubles.

Another example:

Sidorov V.S. worked for the company for only 6 months. The total annual amount of his salary is 200,000 rubles.

KO \u003d (200000 / 29.3) / 12 * 14 \u003d 7963 rubles.

What to do in case of non-payment of settlement

If everyone due payments were not paid by the employer on the day of dismissal, the employee can appeal against the actions former leader. You can apply at the same time to the court, the labor inspectorate and.

A complaint can be drawn up both, and if, for example, several employees in one company did not receive payments. If the employee decides to file a claim, then the term for filing a lawsuit is only three months.

severance pay

In addition to wages and vacation pay, upon dismissal of employees for reduction or complete liquidation of the company.

The amount of this compensation is set at the level of the average earnings of a certain employee and is paid for 2 months.

Payment of benefits for 1 month is carried out on the day of dismissal.

For the second month after dismissal, receive compensation payment a laid-off worker can only on the condition that he has not yet got a job.

As an exception, compensation can also be received for the third month, but this is only possible by decision of the employment service, provided that the citizen has become no later than two weeks after dismissal.

To calculate severance pay, the following is taken into account:

  • average earnings are calculated based on 12 months;
  • the amount received is divided by the amount of days actually worked for the year;
  • days of temporary disability, weekends and holidays are not taken into account.

The labor legislation establishes that a severance pay in the amount of 2 weeks of earnings is paid on the following grounds for dismissal:

  • conscription;
  • unfitness for service for medical reasons;
  • in case of refusal to be transferred to another position;
  • refusal to work in another region;
  • the employee does not want to continue working due to the fact that working conditions have changed.

An allowance of two weeks' income is also due in the event of liquidation or reorganization of a company in the case of seasonal work.

Example:

Semenov I.S. receives 30 thousand a month. He worked all the working days for the year on a five-day week. The reason for the dismissal is a call for military service.

To get the amount of severance pay, the salary is multiplied by 12 and divided by the number of working days in a year and multiplied by 10 (this coefficient is set for a 5-day working week).

VP \u003d 30 thousand * 12/156 * 10 \u003d 23076, 92 rubles. That is, an allowance in the amount of two weeks' earnings will be 23,076 rubles. 92 kop.

 

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