Retirement payout calculator. Calculation period upon dismissal of one's own free will. Resignation letter. Final settlement upon dismissal. Voluntary dismissal during sick leave

Labor relations between the employer and his subordinates are fixed by law. One of the important points in any production activity is the conclusion of employment contracts and their termination. The departure of a person from his place of work can occur for many reasons. Today we’ll talk about the timing of the calculation upon dismissal of one’s own free will.

What does it mean to quit on your own initiative?

Every citizen who has reached the age of late youth has the right to get a job and, accordingly, takes advantage of this opportunity to earn. During the development of any profession, a person advances from a beginner to an experienced worker who has all the tricks and secrets of his business.

But, as they say: "The fish is looking for where it is deeper, and the man, where it is better." Therefore, quite often, in search of a new high-paying job, we say goodbye to our old job responsibilities and master new ones, or simply move to another employer who agrees to pay more for our services.

All these conditions, as well as unforeseen life circumstances (illness or moving to a new place of residence), lead to the fact that a person writes a letter of resignation on his own initiative.

How is dismissal on one's own initiative legally fixed?

The basic rules for the dismissal of employees who made such a decision themselves are fixed in article 80 of the labor relations code. According to this article, the employee must notify his employer in writing of the dismissal two weeks in advance.

This period begins to count on the next day after the boss received the letter of resignation.

If both parties to the employment relationship do not mind, then the employment contract may be terminated earlier.

Also, if the employee decides to remain in his position, he can withdraw the application until the time given for the notice of dismissal expires. A citizen remains in his place if a new employee is not invited to this position. It should be remembered that a new employee must be invited to work in writing.

Despite the fact that this type of dismissal is regulated by Article 80, an entry in the work book is made on the basis of paragraph three of Article 77 of the Labor Relations Code.

In what cases does the dismissal on the employee's own initiative occur without a two-week working off?

An employee may leave his job duties on the day specified by him in the application in the following cases:

1. It is impossible to continue working due to retirement age or enrollment in an educational institution accredited to conduct educational activities.
2. Violation by the employer of a collective agreement, employment contract or agreement, or other legislation in the field of labor relations.

When is the final payment due upon dismissal?

After the warning period has expired, the employee resigns and is considered dismissed.

The employer gives him a work book with a mark of dismissal on his own initiative, other working documents specified in the employee's application, and makes the final settlement with him upon dismissal.

If, after the expiration of the period of working off, the agreement on labor activity is not terminated and at the same time the employee continues to perform his official duties, then the employment contract continues to be valid.

Who gets fired without a 2-week deadline?

If the employee was recently hired and his employment contract contains a probationary period that has not yet expired, then his dismissal must be formalized within 3 days. The calculation upon dismissal is also required to be issued on the day of dismissal.

According to the same principle, seasonal workers hired for temporary work are dismissed.

What payments are included in the calculation of employees who left on their own initiative?

If the employee decided to terminate the employment contract on his own initiative, then his calculation should include the following payments:

1. Calculation of unused vacation days upon dismissal (compensation for vacation that was not used by the employee).
2. All existing wage arrears.
3. Payments for the days worked in the month of dismissal.

You should carefully study the pay slip and make sure that the wages with the due bonus and allowances are correctly calculated, and also, if this is not done, ask for vacation compensation.

If you worked for many years without a vacation and did not demand monetary compensation for it, then you should know that you will receive compensation only for the current and previous years. All other amounts are forfeited. At the same time, the employer is not obliged to remind his employees about this, they themselves must take care of payments for unused vacations.

Is severance pay paid?

This allowance is paid only during the redundancy procedure. Therefore, those who quit on their own should not count on him.

It is also paid in case of liquidation of the organization.

How is vacation pay calculated?

This compensation is paid if the employee did not use his regular regular leave in the current year or used it, but not in full.

1. Find the number of days worked in a month: p working days of the month - days that were not visited by the employee for all reasons.
2. Determine the average daily earnings: payments for the calculation period / number of days worked in a month.
3. Let's calculate the compensation: all days worked in the month of dismissal x average daily earnings.

Terms of payment of the calculation upon dismissal

The Labor Code of the Russian Federation, namely Article 140, stipulates that a resigning employee must receive all payments due to himself on the day of dismissal.

It is generally accepted that the day when a person last worked and the day of dismissal are the same, but sometimes this is not the case. For example, if an employee works in shifts every two days. The last shift was on April 13, and he leaves on April 15. Thus, the last working day in the second spring month goes on the 13th, and the day of dismissal will be the 15th. This means that the settlement period for dismissal of one's own free will in this case falls on April 15.

Article 140 also mentions that if these two days do not coincide, then the employee must present the employer with a demand for his calculation. It is not clear whether orally or in writing, as this is not specified in the law.

What threatens the employer with non-payment of wages on the day of dismissal of the employee?

If the employee was not paid the calculation upon dismissal, then by law, namely Article 236 of the Labor Relations Code, it is stipulated that the employer must pay compensation for each day of delay. It is equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation, which is currently in effect. The formula for calculating compensation is as follows: Compensation = Refinancing rate / 100% x 1/300 x Amount of debt x Number of days overdue

For violation of the calculation period upon dismissal of one's own free will, the employer faces administrative and criminal liability.

Responsibility for non-payment of wages upon dismissal

Delay in settlement upon dismissal leads to liability in the following cases:

1. If there were funds in the organization's accounts, but the employer did not pay wages, but spent all the money on the purchase of new equipment or on paying off accounts payable.
2. If the delay lasts two months or more, and the settlement amount has not been paid in full. If the debt is partial, then liability occurs after a three-month delay.

Administrative and criminal liability for late payment of the calculation?

Violation of the calculation period upon dismissal of one's own free will leads to the following consequences:

1. If the delay lasts two days, then the employee has the right to demand compensation for this.
2. Also, small delays lead to bringing the employer to administrative responsibility. In this case, penalties are imposed. The amount of the fine depends on whose fault the payment was delayed. If this is the fault of the head, as an individual, then the fine will be up to 50,000 rubles, if the organization, as a legal entity, is to blame, then up to 100,000 rubles.
3. Longer delays lead to criminal liability.

However, most often the employer or organization pays penalties, as it is more beneficial for the state.

Where do employees seek protection from employer misconduct?

In case of violation of the terms of payment of the calculation upon dismissal on his own initiative, the employee has the right to seek help from the court, the prosecutor's office and the labor inspectorate.

For your safety net, before contacting the punitive authorities, you must file a claim with the employer. This is necessary so that your superiors do not declare that you yourself did not appear for the calculation.

The claim must indicate the day of dismissal, information about non-payment of wages and intentions to apply to the justice authorities.

The claim should be written in two copies and registered with the secretary. One copy with the incoming number is sent to the manager, and the other remains with the employee.

You must remember that the labor inspectorate has the right to consider your application within 30 days and you should apply to it no later than three months after receiving the dismissal order and the work book with a record of dismissal on your own initiative.

The court will accept your application if you applied no later than a month.

The termination of labor relations is accompanied by the payment of wages for the days worked, compensation payments for the non-use of vacation. Depending on the reason for the dismissal, a severance pay is issued, the average monthly salary is maintained.

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Dismissal is issued on the basis of Chapter 13 of the Labor Code of the Russian Federation, in particular Article 81. It is issued by order for the enterprise on the form T-8, on its basis an entry is made in a personal card, personal account, work book.

How is it produced?

To carry out the final settlement with an employee who leaves for any reason, the rules and remuneration system used in the organization and enshrined in the employment contract with the employee, the collective agreement, separate norms governing remuneration, local acts approved by the enterprise are applied. Moreover, the calculations take into account the last working day of the employee.

Calculation of average monthly earnings

For an employee upon dismissal, in accordance with a regulatory document called Procedure No. 100, the calculation of average earnings upon dismissal is calculated from the calculation of payments made over the last two calendar months that the employee worked before writing the application.

To calculate the average wage in accordance with the instructions of Article 139 of the Labor Code, all types of payments approved in the wage systems, established by local acts, which are used by the employer, regardless of their source, are used.

These include:

• allowances, for example, for labor participation;
• bonuses assigned in accordance with the regulation on bonuses to employees.

The average monthly wage is defined as the product of the number of days in a time period, due pay, and average daily earnings. The calculations do not take into account payments related to social benefits, such as material assistance, sick leave payments, compensation paid for food, travel, rest.

For the billing period, when the premium is accrued for a period of more than 12 months, the amount of the monthly payment is accepted. If it is accrued at the end of the year and entered the billing period, then accounting is kept regardless of time. For example, if the employee was on vacation in March, and the bonus for the past year was accrued in April, then it is necessary to make additional vacation pay. If the period included in the calculation is not fully worked out, then the actually worked time is entered into the calculation.

Calculation upon dismissal of one's own free will

With the employee on the last working day, it is necessary to make the final settlement, paying him all the payments due to him.

Calculation means making payments:

• due nominal wages for the performance of assigned duties;
• compensation for unused rest time by the employee, established by law;
• funds provided for by the collective agreement;
• other accruals specified in the employment contract, for example, severance pay.

With the advance use of labor leave, the paid vacation pay is recalculated, so it is possible to deduct it from the accrued for the final calculation of wages. If the employee was not present at work on the day of dismissal because of which he did not receive the calculation, then he has the right to receive it on any other day after applying. According to the norms, the money must be paid the next day.

According to the regulations, an employee can quit during the period of stay at his own request, for which he must write an application. At the same time, he is not obliged to go to work, and the employer is deprived of the right to withdraw from vacation, referring to the application.

The day of dismissal (when he is paid and given a work book) is considered:

• when submitting an application at the end of the vacation - the last working day corresponds to the first working day after returning to work from vacation;
• when submitting an application before going on vacation, the content of which is a request to grant labor leave with subsequent release from work - the previous day before the start of the vacation is taken as the last working day.

The employee has the right to apply for termination of employment at his own request, while being treated. Sometimes the day of dismissal, agreed before the onset of illness, may fall into the period of treatment due to his illness.

The employer in this situation draws up a dismissal on the day that the employee has established, despite the fact that the employee is on sick leave. He does not have the right to independently change the date of dismissal, except for the case when the employee takes back his application. His duties include the production of the final settlement on the agreed day, for which he issues an order. In it, he notes that the employee is absent, there is no way to familiarize him with the order.

The employee can collect the work book after recovery, but the employer can mail the book if the employee so wishes.

Payments are made at his first request, however, no later than the next day after the request. The sick leave benefit is paid within 10 working days counted from the date of the sick leave.

Calculation of vacation upon dismissal

All standards for granting labor leave, making payments for it are regulated by Article 127 of the Labor Code. According to its standards, upon termination of labor relations with an employee in the current year, he is paid a monetary reward for unused labor leave.

Moreover, if he should be compensated for all the holidays due, which he did not use over the past years.

Payments of funds can be replaced by the provision of vacations, that is, actual days are credited to him in proportion to the days that he did not use. The day of dismissal in this case is postponed to the end date of the days provided.

According to the provisions of the law, the calculation of compensation upon dismissal is made for the full unused vacation or for the number of days due to him. Typically, annual basic leave, which is payable, is provided to employees for a duration of 28 calendar days. For a minor employee, it is increased to 31 calendar days in accordance with the instructions of Articles 115 and 267.

When concluding an employment contract with an employee for a period of up to two months, in accordance with Article 291, remuneration is paid, calculated at the rate of 2 working days for one month of work, or leave is provided, which must be paid on a mandatory basis. This type does not apply to annual leave, it is individual.

According to the same rule, a calculation is made for a minor employee hired for a period of up to 2 months. For the calculation, it is necessary to determine the unused days provided for vacation.

Note settlement upon dismissal form t 61

All types of settlements made from employees upon termination of employment relations are carried out on a special form in the form No. T-61, which contains the settlement upon termination of the employment contract with the employee. It is compiled by the inspector of the personnel department or an authorized person. The accounting officer calculates the due wages.

It is filled according to certain rules. Information on the main page:

• company details;
• about the employee, position;
• on the terms of the current employment contract;
• date of employment, day of dismissal.

The calculation for unused vacation takes into account all payments made, including bonuses and established allowances, with the exception of uniform payments. The note reflects all types of calculations made.

In its separate columns are entered:

• in the third, the total amount of the assigned payments is set, which is accrued to the employee for the entire billing period in accordance with the calculated average earnings and the conditions of labor earnings;
• the fourth records the number of days that the employee has worked;
• the fifth is the number of hours of the billing period. The number of hours for unused vacation includes the total number of working hours.

From the total accrued amount, deductions are made, specified in Article 137, Chapter 39 of the Code, including those noted at the initiative of the employer.

Moreover, the total amount of deductions noted by the employee should not exceed 20% of the salary due to him in accordance with the provisions of Article 138, minus income tax.

On the basis of the executive document, the total amount of deductions should be no more than 50 % .

When collecting the following funds, the amount of deductions should not exceed 70%:

• who have not reached the age of majority;
• for compensation for harm caused by the employer to the health of the employee;
• for covering damages to persons who have lost their breadwinner due to his death;
• for compensation for damages resulting from the crime committed.

When tax deductions are made in accordance with the income of individuals, deductions for the employee, his minor children are made for the current month, regardless of the hours worked. The funds transferred on account of taxes are drawn up in a certificate on a unified form of the personal income tax form-2.

To recover the balance of deductions, it is necessary to draw up a writ of execution, specify the place of future work and send it. If necessary, he can send it to the bailiff at his permanent residence. If the employee did not work until the end of the working year, but used the annual leave, then the amounts are deducted from him for the days that he did not work when using the leave.

Responsibility for delay in settlement

The employer, in order to make a full settlement with the employee, is obliged to comply with the procedure that is regulated by the Labor Code. To comply with the rules, he gives him documents and makes payments.

The resigning employee is given the following documents:

• work book,
• at his request, a certificate of accrual of wages necessary for the calculation of benefits,
• a copy of the hiring and dismissal order,
• a copy of the certificate of payment of insurance premiums.

Copies are provided upon application to the employee, which he sets out in writing.

Consequences of non-compliance

The employer is obliged, in accordance with the instructions of Article 77 of the Labor Code of the Russian Federation, to pay the appropriate funds to the employee on the last day of work or no later than the next day when he requested them, as noted in Article 140.

Often, employers violate legislative acts by making untimely settlements with an employee upon dismissal, when he leaves his job for any reason.

For violations, the employer is held liable:

• disciplinary;
• material;
• administrative;
• criminal.

If the employer has not made payments on time, then he must pay them with interest. Moreover, their size should be no less than one three hundredth of the refinancing rate of the Central Committee of the Russian Federation, which is in force at the given time from funds not paid in due time. The procedure for calculating accruals does not provide for the need to divide it by the number of days in a year. Accruals are made for each overdue day, as set out in article 236 of the code.

• Order
• Timing voluntary layoffs
• Calculation upon voluntary dismissal
• during vacation
• Voluntary dismissal during sick leave

Voluntary dismissal(in other words, at the initiative of the employee) is one of the most common grounds for terminating an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because you cannot force a person to work against his will. However, there are certain rules that must be followed when leaving at will.

The procedure for dismissal at will

See also:

• Statement for dismissal
• Dismissal for absenteeism
• Dismissal by agreement of the parties
• Dismissal on downsizing

The procedure for dismissal at will involves, first of all, the employee writing a letter of resignation. The application indicates the date of dismissal and its grounds (“of one's own free will”), it must be signed by the employee indicating the date of compilation.

Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require you to quit without working off. then the reason must be indicated, in addition, personnel officers may be asked to document it. In other cases, the phrase "I ask you to dismiss me of your own free will on such and such a date" is sufficient.

After the application for dismissal is transferred to the personnel department, a dismissal order. Usually, a unified form of such an order is used (form No. T-8), approved by the Decree of the State Statistics Committee of 05.01.2004 No. 1. In the order, it is necessary to make a reference to paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation, as well as provide the details of the employee's application. The employee must be familiarized with the order of dismissal against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document.

Terms of dismissal at will

As a general rule, enshrined in the Labor Code. the employee must notify the employer of the upcoming dismissal no later than two weeks. This period begins on the day after the employer receives the letter of resignation.

However, the so-called two-week working period can be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the period of notice of dismissal. He can go on vacation, sick leave, etc. wherein terms of dismissal will not change.

There are statutory exceptions to the general rule of a two-week working off. So, upon dismissal during the trial period, the notice period for dismissal is three days, and upon dismissal of the head of the organization - one month.

Calculation upon dismissal of one's own free will

Calculation upon dismissal of one's own free will. as well as on other grounds, must be made on the day of dismissal, that is, on the last day of work. Calculation of severance involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for by the collective and labor agreements. If the dismissed employee used the vacation in advance, the paid vacation pay is recalculated, the corresponding amount is deducted from the salary in the final calculation.

If the employee was absent from work on the day of dismissal and could not receive the calculation, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the appeal.

Voluntary dismissal during vacation

Retire voluntarily while on vacation the law does not prohibit. Such a ban is provided only for dismissal at the initiative of the employer. The employee has the right to write a letter of resignation while on vacation, or to attribute the date of the proposed dismissal to the vacation period.

If an employee wants to apply for resignation while on vacation, it is not required to recall him from vacation

Also, an employee can quit at his own request after using the vacation. Note that the provision of leave with subsequent dismissal is a right, not an obligation of the employer. If such leave is granted, the day of dismissal shall be considered the last day of the leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day preceding the start of the vacation. On this day, the work book should be issued to the employee and all necessary payments should be made. This is a kind of exception to the general rule above. confirmed by jurisprudence.

Voluntary dismissal during sick leave

Resign at will while on sick leave can. The law prohibits such dismissal only at the initiative of the employer.

An employee has the right to apply for dismissal during a period of temporary disability. A situation may also arise when the previously agreed date of dismissal falls on the sick leave period. In this case, the employer will issue the dismissal on the day specified in the application for dismissal, provided that the employee has not withdrawn this application. The employer is not entitled to independently change the date of dismissal.

On the last day of work, even if it falls on sick leave, the employer makes the final payment, issues a dismissal order, in which he makes a note about the absence of the employee and the inability to familiarize him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him no later than the next day after the presentation of the relevant request by him. However, the temporary disability benefit will be assigned by the employer within 10 days from the date of granting the sick leave and paid on the next day after the appointment, set for the payment of wages in the organization.

Related Documents"Retirement of your own free will"

How is the calculation carried out upon dismissal of one's own free will?

Voluntary dismissal is one of the most common and simplest forms of termination of employment for an employer. An organization or enterprise must pay the employee in full: he must pay the balance of wages for the days already worked, as well as compensation for unused vacation. In some cases, additional severance pay may be paid. The employer does not have the right to prevent the dismissal of the employee, however, it must be carried out in accordance with all the rules. How is the calculation carried out upon dismissal of one's own free will?

Dear readers! The article describes typical ways of how to solve legal problems. Your case is individual.

Termination of employment relationship

Upon dismissal, the employee is paid cash in accordance with the employment contract.

Dismissal at the initiative of the employee begins with writing an application addressed to the employer. This application indicates the reason for dismissal (the desire of the employee), the date of dismissal, the date of writing the application, the signature of the employee. However, there is one important condition. According to the general rules, the employee is obliged to notify the employer of the upcoming dismissal two weeks before the termination of work. This period is necessary to find a new employee for the vacant position, and it begins from the moment the employee signs the letter of resignation. This time is called working off: upon dismissal of the head of the organization, it is 1 month, upon dismissal during the probationary period - three days.

During the period of working off, the employee must continue to fulfill his labor duties, and for this period he will also be paid wages. If the employee simply does not come or refuses to perform his duties, he may be fired not of his own free will, but for a completely different article, for example, for absenteeism or violation of internal regulations, which will further complicate hiring.

During the working period, no one can force an employee to be at the workplace if certain circumstances prevent this. He can go on official paid sick leave or paid regular leave. If a person leaves for health reasons, the period of working off can be reduced by agreement of the parties. In addition, working off will not be required upon retirement.

After signing the application, it is transferred to the personnel department, after which a dismissal order must be drawn up and signed. It is drawn up according to the standard form No. T-8, it contains a reference to Article 77 of the Labor Code and the details of the application written by the employee.

The employee must necessarily familiarize himself with the dismissal order against signature, if this was not done for any reason, a special entry must be made in the document.

The procedure for cash settlement with an employee after dismissal

Application for resignation of one's own free will: sample

The final settlement upon dismissal is always carried out on the last working day. The company must pay the former employee in full - both the salary for the days worked and compensation for unused vacation are paid. However, there are a few special things:

• There are situations when, on the official day of dismissal, an employee was not present at the workplace and could not receive a calculation. In this case, he has the right to come for him on any day convenient for him and receive money no later than on the day following the appeal.
• If the employee took time off at the expense of vacation. then a recalculation will be made upon payment of compensation. The compensation for unused vacation will be less, the amount of the deduction is calculated based on the estimated vacation pay.
• You can leave at your own request during the period of paid vacation. At the same time, the initiative can only come from the employee himself, the employer cannot dismiss the employee until he returns from vacation. In this case, a statement is written in which a special wording is prescribed: “with subsequent dismissal” indicating the number.
• The last day of work in this position is considered the date indicated in the application. At the same time, it is not necessary to recall an employee to work; an application can be submitted while directly on vacation.
• You can quit while on sick leave. In this case, the initiative should also come only from the employee, the employer does not know the right to dismiss him on his own. The dismissal order is issued on the last working day, and at the same time the employee has the right to receive a calculation and pick up a work book. If the employee is unable to pick it up due to illness, he can receive it upon recovery, or the employer has the right to send it by mail. There must be a special note in the order.

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In the latter case, there is another important detail. The employer is obliged not only to pay for the days actually worked, but also to pay disability benefits. He will be able to receive money for a hospital employee on the day when the organization usually pays a salary.

What should I do if the invoice was not issued on time?

Workbook entry: example

Often, employees of enterprises and private organizations are faced with an unpleasant situation: the application is signed, the dismissal order is drawn up, but the calculation cannot be received in a timely manner. The accounting department can name a variety of reasons, but in the end, the employee has to wait weeks for his money. In this case, how can you protect your rights under the law? Article 80 of the Labor Code clearly states that the employer does not have the right to detain a former employee, no matter what the reasons. Even if an important matter has not been completed, any material values ​​​​have not been handed over, etc., the employee must receive a work book and calculation on time. To restore justice, you must do the following:

1. If the calculation was not issued on the required day, it is necessary to contact the personnel department with a statement that the employee refuses to pick up the work book until he receives all the due payments.
2. The application is made in duplicate, and you need to make sure that it was accepted. To do this, on both copies, the secretary must put the seal of the organization, his signature, indicate the time and date of receipt.
3. From this moment on, it is considered that the employee cannot get a new job due to the fault of the previous employer. Art. 234 of the Labor Code of the Russian Federation says that the employer is obliged to reimburse the employee for all lost earnings if, through his fault, the person was deprived of the opportunity to work officially. Compensation should be equal to the average wage for all missed days.

No employer wants to waste money in vain, so, most likely, the company will try to settle the matter peacefully and pay the employee the due calculation. If, in this case, you will not be met, you need to go to court. A statement accepted by all the rules that the employee refuses to take the work book for good reasons will be proof of your innocence.

The court will not only recover the entire amount for absenteeism from the former employer, but will also require reimbursement of legal costs, you can also demand compensation for non-pecuniary damage.

Practice shows that as soon as people begin to fight for their rights, employers change their policy dramatically and seek to reach an agreement. This will avoid unnecessary conflicts and at the same time get the desired result within the period specified in the law. Even if simple negotiations fail, the court will be on your side, as you will be able to show evidence of a violation by the company of your legal rights.

Any employee can quit of his own free will, and the employer is obliged to fulfill his obligations to pay the calculation and draw up all the necessary documents. It is important to immediately check the correctness of filling out the work book, because errors in it can play a negative role even after many years. All labor relations with the employer are fixed by law, and it is important to be able to fight for your rights so as not to suffer from injustice.

About payments to employees upon dismissal - more in the thematic video:

Payments upon dismissal of one's own free will: how to calculate and when to pay?

Salary for actual hours worked

If the employee has worked for a full month, he should be paid the full salary stipulated by the concluded employment contract.
Payment for an incomplete month is calculated as follows: monthly salary / number of working days in a month * number of days actually worked by an employee.

The driver I. I. Zaikovsky filed an application with a request to dismiss him on August 23, 2016. His monthly salary is 21,000 rubles. According to the production calendar for August 2016, this month will be 23 working days. Of these, Zaikovsky worked 17. Accordingly, his salary, payable on August 23, 2016, will be: 21,000 rubles. / 23 days * 17 days = 14 783 rub.

Vacation compensation

The payment is calculated on the basis of the average daily income (including all bonuses and allowances) of the dismissed person for the year preceding the day of dismissal. The amount received is multiplied by the number of unused vacation days: annual income / 12 months / 29.3 (average number of days in a month) * number of days of unused vacation.

The driver I. I. Zaikovsky has the right to leave in the amount of 28 days. For the working year from February 20, 2016 to February 19, 2017, he did not use labor leave. On the day of his dismissal - August 23, 2016 - he worked 6 full months from the working year for which he is paid leave. The number of vacation days required: 28 days / 12 months * 6 months = 14 days.
For the year preceding the day of dismissal, Zaikovsky earned 260,000 rubles. During this period, the employee was not on sick leave or on time off. Calculation of compensation for unused vacation: 260,000 rubles / 12 months / 29.3 * 14 days = 10,353 rubles.

It should be noted some nuances that must be taken into account when calculating compensation for non-vacation leave upon dismissal on the basis under consideration:

1. If an employee has unused vacation days for several previous years in a row, only the last two years are paid (for the current working year, full or incomplete, and the previous one).
2. Full vacation compensation (average earnings for the number of days equal to full vacation) is paid to an employee who has worked at least 11 months from the period for which vacation is calculated.
3. If the vacation is used by the employee in full, compensation is not payable. However, in the event that the last vacation was taken in advance (for the period that the employee actually does not work due to his dismissal), payment for the days to which the employee has not acquired the right can be deducted from the amount of the final calculation due to him (but not more than 20% of the total payout). This rule is based on Art. 137 of the Labor Code of the Russian Federation.

In addition to the payments provided for by law, upon dismissal of one’s own free will, the employee is paid the bonuses and allowances provided for by local legal acts (including the “thirteenth salary”), if, in accordance with these documents, the latter is entitled to them. Civil servants are entitled to allowances for seniority, rank, conditions, secrecy, important assignments, and so on, if applicable in their particular situation. The calculation procedure is determined on the basis of the conditions established by the relevant legal act. Most often, these payments are calculated in proportion to the time actually worked by the departing employee.

It should not be forgotten that both wages for actually worked time and compensation for non-vacation leave are subject to personal income tax in the amount of 13% of the accrued amount.

Terms for the calculation and the consequences of their violation

Labor legislation puts the employer in a strict framework regarding the timing of the final settlement with the resigning employee - as a general rule, all payments must be made on the day of dismissal (this is stated in Article 140 of the Labor Code). Nevertheless, exceptions for "special" situations still exist:

1. In the absence of an employee at work on the last day, the calculation is submitted the next day after the employee has expressed the corresponding requirement. This rule also applies in the event of temporary disability of the resigning person, falling on the day of dismissal. In this case, the sick leave is paid separately - within ten days after its submission to the employer, the payment must be calculated, it is paid on the next settlement day established by the rules of the organization with employees.
2. If, by agreement with the employer, the employee went on vacation before dismissal and the last working day falls on it, all payments due for dismissal must be made on the day preceding the vacation.
3. If a bank card is used for payments, charges should be made in a certain art. 140 term, regardless of the presence of the employee at work on the last working day.

Read also: What to do if alimony is not paid and the bailiffs are inactive

In a situation where a dispute arose between an employee and an employer over the amount of payments due upon dismissal, those of them for which there is no dispute must be listed within the period specified by law. For resolution of disagreements, you can contact the labor inspectorate.

The Labor Code (Article 236) establishes the liability of the employer for the delay in cash payments due upon dismissal in the amount of 1/300 of the refinancing rate for each day of delay. Of course, a rare employer will voluntarily apply appropriate sanctions to himself on his own. Therefore, for the protection of their rights, an employee can apply to the labor inspectorate (this body has the right to issue orders to eliminate violations of labor laws), and then, if payments have not been made, to the court.

Payments of the employment center after dismissal at the initiative of the employee

When registering as unemployed after dismissal on the basis under consideration, the former employee has the right to count on receiving unemployment benefits. In this case, a mandatory requirement is official employment for at least 26 weeks in the 12 months preceding registration.

The allowance is calculated as a percentage of the average earnings for the last three-month period worked at the last workplace:

• the first three months - 75%;
• the next four - 60%;
• the next five - 45%;
• further - the minimum amount of unemployment benefits, taking into account the regional coefficient.

Note that the payment of benefits in the employment service is made in two periods, each of which cannot be more than 12 months in a calendar 18 months. The maximum and minimum allowance limits are set by the state.

The legislation clearly regulates the procedure and terms for the final settlement with an employee who leaves of his own free will. At the same time, the responsibility of the employer for violating the provisions of the law in this regard is quite high and practically undeniable. This means that the matter should be approached with special responsibility and care.

How long does it take for an employee to receive a payout upon termination?

One of the most popular ways of terminating an employment relationship is voluntarily leaving. At the same time, it is very important for an employee to receive all the amounts due to him in a timely manner and in full.

Full settlement upon dismissal of one's own free will must be carried out in accordance with the current regulations on the day of dismissal. Such relations are regulated by the Labor Code of the Russian Federation.

Calculation algorithm

With voluntary dismissal, there are certain obligations on both sides. An employee must work a regulated two weeks, and the employer, after this period, undertakes to fully repay financial obligations. For a leaving employee, it is important how long the employee should receive the payment upon dismissal, because often this amount has to be distributed over a certain period while looking for a new job.

The final amount that you can count on includes the following elements:

• Compensation for unused vacation time due by law;
• payment for those days for which the employee did not receive funding for any reason earlier.

Before the settlement is accrued upon dismissal of one's own free will, the period during which the final payment is made is indicated. There are two options:

• during the presence at work on the appointed day, the employee is given a work book in his hands, and the full amount of the debt is transferred to the account or given in cash;
• if for some reason the employee is not at work on the appointed day (sick leave, vacation, time off, etc.), then it is necessary to wait until the end of the sick leave or other period, and then also make a full settlement on the day of dismissal.

You need to know that the terms and procedure for calculating with an employee are regulated by the Labor Code, and violation of the law in this area leads to financial sanctions against the employer.

The punishment of a company that violates these conditions is imposed by the decision of the judicial authorities after the resigning person applies there.

See also: Reasons for postponing leave at the initiative of the employee

Dismissal procedure

An employee can quit even while on paid leave. However, his employer is prevented from making the same gesture on his own initiative. He will need to wait for his employee to go to work. With this form of calculation on the part of the work, an additional wording is indicated in the application for leave: “with subsequent dismissal” and the date (such and such date) must be indicated.

The last day of being in office corresponds to the date specified in the application for payment upon dismissal of the employee.

In the same way, you can quit the sick leave, but also exclusively at the initiative of the employee, and the employer also has no legal right here. The dismissal order will be issued on the last working day, at the same time the work book is returned or sent by mail.

It is necessary to take into account how the calculation is made upon dismissal of one's own free will from the sick leave, because the legal entity is obliged not only to pay the calculation on the days actually worked, but also to pay disability benefits.

Lack of timely payment

In practice, there is an unfair attitude of employers on the calculation of their employees. In large companies, you have to beat the thresholds of the accounting department, the personnel department, the immediate supervisor, etc.

You need to know that Art. 80 of the Labor Code prohibits the delay in the payment of settlements under any external and internal circumstances.

1. Would need contact the HR department with a statement refusing to take the work book until such time as the full return of the due funds is made.
2. The document must have two identical copies. on your own, you need to put a mark on acceptance and registration with the assignment of a serial number and entering information about the incoming document in the appropriate journal.
3. This fact is evidence that an individual does not have the opportunity to get a new job due to the fault of the previous employer. During this time, compensation should be accrued based on the average earnings for the previous period.

The most common reason for termination of an employment relationship is the employee's initiative. The procedure involves writing an application, a two-week working off and receiving a calculation. The dismissed person is entitled to payments upon dismissal of his own free will. Their type and size depends on the terms of the labor and collective agreements, the individual situation.

The management of the enterprise, at the request of the employee, prepares an order, which is the basis for the calculation. The retiring person receives wages, vacation pay, and other payments.

Payroll

Payroll is calculated for the time actually worked in the current month. In the event of a mutual decision on parting without working off, the date of payment is determined by agreement. The salary is calculated by the standard method based on the average monthly official earnings.

Nuances of accrual:

• With a time-based form of remuneration, settlements upon dismissal of one's own free will are accrued on the basis of the days actually worked and the average daily wage.
• If the remuneration is piecework, then the calculation is made on the basis of the handed over order based on the amount of products that the employee produced.
• In the absence of an employee at the workplace (for example, being on vacation), the employee himself sets the payment period.
• If the employee has a debit card, then wages are credited to the debit card. The calculation is credited to her on the last day of work. The location of the retiring person is not taken into account.

The resigning employee must receive the calculation on the last working day. All questions regarding accrual and payment are regulated by agreement. If disagreements arise, the issue is resolved in labor commissions or in court.

Holiday compensation

In case of non-vacation leave, the employee is entitled to compensation.

The resigning person has the right to go on vacation with subsequent dismissal. Then the last day of vacation is considered the last working day. Since the employee is fully calculated before it starts, he will not receive any additional payments (other conditions may be stipulated in the employment contract).

The calculation of unused leave, which the dismissed person can count on as compensation, can be made using an online calculator.

To do this, you must have the following information (it is in the work book and other documents): the number of days of compensation and the average daily wage.

Calculation method:

• The first parameter is calculated based on the dates of entry to work and departure, vacation time under the contract, the number of days that the employee took off as vacation (the total length of service at this enterprise is taken into account). You also need to know the time that is not included in the calculation: parental leave, at your own expense for more than two weeks (in the current year), absenteeism,
• The second parameter is calculated by adding accruals for the last 12 months of work and dividing by days. The calculation of the average daily earnings includes salary accruals, bonuses, allowances, but excludes travel allowances, material assistance, tuition fees and other social benefits.
• These parameters are multiplied. The result is the amount of compensation itself.

Similarly, the calculation can be done manually.

Compensation is provided for a maximum of two years, if the employee has not been on vacation for longer, additional payments are not due to him.

If in the current year the person leaving was already on vacation, no compensation is accrued. At the same time, if the employee took a vacation for unworked time, the vacation pay is recalculated and the amount is withheld from the payments due to him. Vacation compensation is paid on the last day of work.

Failure to pay or late payment of compensation threatens the employer with fines in the amount of 1/300 of the refinancing rate

Central Bank of the Russian Federation (today it is 9% per annum) for each day, if the fact is confirmed by an inspection of the labor inspectorate.

severance pay

Often, employment contracts of executives, specialists, civil servants contain a clause on severance pay upon dismissal. The conditions for obtaining it should also be stipulated.

The benefit is not paid independently to outgoing employees who are on probation, dismissed for violations of labor discipline, seasonal workers (if the contract is concluded for a period of less than 2 months). Also, the resigning person cannot count on incentive and compensation payments.

Additional allowances are stipulated by the labor contract. These can be: a bonus for long service, for performing special tasks, for working in difficult conditions, for keeping trade secrets. For civil servants, allowances for rank, length of service, and secrecy may be provided.

They are also paid on the last working day of the employee. Their value and the procedure for accrual are prescribed in the employment contract.

In addition to money in hand, the resigning person must return his work book. Confirmation of its receipt is the handwritten signature of the employee in the personal card. There should be an entry in the book with the appropriate reason.

If necessary, the employee can request a certificate of income for f. 2-NDFL for the current year, a certificate of salary for the last three years, insurance experience and other documents (on education, on advanced training).

Actions of the employee if he did not receive the calculation

The dismissed person has the right to appeal to the court if the calculation is not paid on time. The law sets a maximum limitation period of one year. Its beginning is the day when the employee was to be transferred wages and other payments. In addition, it may claim compensation for lost profits.

The actions of the dismissed person in this case will be as follows:

1. Provide management with a written refusal to receive a work book until the payment is made.
2. Write an application to the court.
3. At the same time, file a claim for compensation for lost profits if, due to the fault of the previous employer, the employee was unable to get a new job.

Before the trial, the employee can try to influence the management through the labor inspectorate. She has all the powers to influence a dishonest employer.

In order to know exactly what payments are due upon dismissal of one's own free will, it is necessary to study the legislative acts, the terms of the employment agreement.

Labor relations that may arise between an employee on the one hand, and an employer on the other, which include individual entrepreneurs and other enterprises, are regulated by special labor legislation (Labor Code of the Russian Federation). One of the ways to terminate one's labor activity is the employee's departure of his own free will. The main issue that will be of interest to both the individual entrepreneur and the employee is the procedure and terms for calculating the dismissal of an employee at his own request.

Calculation procedure

After a person has decided to stop his labor activity at the enterprise, while he wants to do it of his own free will, his employer must understand that in this case there are some obligations.

The first thing that the employee and his employer need to pay attention to is the calculation that must be made. This includes the following amounts:

• payments for all days of unused vacation;
• payment for days worked, as well as other amounts that were accrued, but for some reason not paid to the employee.

The second issue that will be raised is the timing of the calculation in case of dismissal of the employee of his own free will. In 2019, the labor law norms did not actually change. According to them, the full calculation, in case of dismissal of one's own free will, should take place as follows:

• if the employee was at work, then on the last day he is given a work book, and a calculation is made after the dismissal of his own free will;
• if on the last day a person was not at work (sick leave, vacation), then the settlement with him will be made only after he appears at the enterprise, that is, after a certain time period.

It should be remembered that the procedure for settlement with an employee who wrote a statement that he wants to quit of his own free will is clearly regulated by the current legislation. If the deadline is violated, then various financial sanctions may be imposed on the individual entrepreneur, who acts as an employer, after applying to the labor rights inspectorate, the prosecutor's office or the court.

It is important to know that the procedure for dismissal of one's own free will is a separate article on termination of employment, and in this case both parties have clear rights and obligations that must be used.

Specialist about the procedure: video

The procedure for dismissal at will

An employee who decides to break off his relationship with the employer, through dismissal of his own free will, must follow the following algorithm:

1. First, he applies with a corresponding application to the personnel department, or directly to a private entrepreneur. In the application, the period after which the employee will no longer return to work must be indicated.
2. In turn, an individual entrepreneur or the management of a legal entity will take into account the period after which the employee will not return to work and look for an appropriate replacement.
3. On the last day of work, the individual entrepreneur or the accounting department and personnel of the enterprise must give the employee his work book, with all the necessary records, and also make a calculation.

An example of a resignation letter would be as follows:

• in the upper right corner, a “cap” is written, where the name of the employer is indicated, as well as the personal data of the director;
• then personal data of the employee and his position are written;
• lower center, you need to write "Statement";
• this is followed by a text indicating that the employee wishes to quit of his own free will, and also prescribes the period after which he will no longer return to work;
• then the date of writing is put, and the person signs.

When all issues are agreed upon, the employer must issue a special order on personnel, which indicates that the person is subject to dismissal from a specific date, and indicate in it what amount he is entitled to as compensation.

At the same time, a private entrepreneur must understand that upon dismissal, a person must familiarize himself with this order and put his signature in it. A copy of it is issued only at the personal request of the employee, after signing all the necessary papers.

This sample application is universal and can be handwritten or typed. This document is the basis for the dismissal of an employee.

On the last day of work, with him, as indicated above, all payments due to him must be made.

It is important to know that there are situations in which a person wants to quit while on sick leave or vacation. This practice sometimes confuses entrepreneurs. There is nothing wrong with this. It's just that the employee writes in a statement that the last day of his work will be the date of exit from vacation or sick leave.

In this case, the calculation period, as well as other legal subtleties, will be carried out after leaving the sick leave or vacation.

Development and its accounting in the final calculation in 2019

The Labor Code of the Russian Federation provides for a 14-day period for working out when an employee is dismissed at his own request. In cases of dismissal of an employee whose employment relationship with the employer was urgent, that is, concluded for a certain period, the time of working off will depend on the term of the employment contract. Employment contracts for a period of less than two months have a shorter working period, which is set at 3 days.

A similar three-day period is also established in the event of dismissal of an employee hired with a probationary period.

An extended period of working out is provided for retiring senior employees. So, directors, chief accountants, etc. the processing time is one month.

Any period of working off can be reduced or not applied at all in case of mutual consent of the leaving employee and the head of the enterprise. He can shorten its duration with his visa.

Important! Working off is a full-fledged working time, and absenteeism is absenteeism with all the ensuing consequences.

Conditions that exclude processing are:

• Transfer of a spouse to a place of work in another locality (a certificate-call is provided);

  Admission to study at the full-time department (based on the enrollment order);

  An employee's first retirement. This right can only be exercised once. In the event of re-employment and subsequent dismissal, the pensioner will be required to undergo a full work-out, if required by the management of the enterprise.

  In cases of dismissal of an employee due to the fault of the enterprise: delays in the payment of wages, lack of normal working conditions, etc.

Payment for days worked is made according to general rules, in accordance with the tariff scale, salary, etc.

Calculation of payments for unused vacation

In 2019, the procedure for making compensation payments to those who leave of their own free will has not changed at all compared to 2018.

Vacation pay example:

• if the length of the vacation is 28 days, then for each full month worked, the worker can count on 2 calendar days of vacation;
• 6 months worked from the last vacation, after which a letter of resignation was written, which means that compensation will be for 12 days of unused vacation.

Such an example is universal and can be applied to the calculation of any vacation pay. A sample miscalculation can be found in the Government Decree on the procedure for calculating the average daily wage and vacation pay.

There are cases when the vacation period is reduced to 26 days. Then an integer number will not be obtained for one month (for example, 1.8 days will come out). In this case, everything is rounded up to a whole number - 2, and the calculation takes two days.

This must be remembered. Since in case of incorrect payment of vacation pay, a person can file a complaint with various state bodies, which can fine an individual entrepreneur or other business entity.

It is important to know that the above Government Decree, as well as the Labor Code, prescribes penalties for late settlement with the worker. He may demand compensation for late payment, as well as a penalty, which will be equal to the key rate, which is determined by the Central Bank of our country.

During the year it is constantly changing, and this must be monitored.

The procedure for other payments upon dismissal in 2019

After writing a letter of resignation, individual entrepreneurs and other employers must understand that, in addition to vacation pay, they must also make other legal payments by the due date. The wage fund has not changed much and may consist of different components, for example, the payment of bonuses for the anniversary of the enterprise.

Therefore, when the accounting department and the personnel department begin to calculate the necessary payments after dismissal, they can make a mistake, which can lead to the imposition of penalties on the enterprise. To prevent this from happening, it is important to understand which payments are included in the settlement and which are not.

Components of wages that are included in the example of calculating compensation in 2019:

• accruals that are paid for the qualifications of an employee;
• salary indexation;
• amounts that are paid extra for various difficult working conditions, harmfulness;
• compensations that are paid for work in difficult climatic conditions (for example, the north);
• payment that is aimed at various incentives for employees (for example, bonuses and other similar accruals).

As an example, you can get acquainted with the regulations that regulate the procedure for remuneration, and the constituent elements from which the mandatory and additional wage funds are formed.

These components of the salary are necessarily taken into account and paid on time after writing a letter of resignation of one's own free will.

Other accruals that are not included in the mandatory wage fund, but can be paid by the employer on their own, are of a one-time nature, and they do not need to be taken into account when paid on time after dismissal.

An example of such a calculation is as follows:

• the employee's salary consists of a salary of 15,000 rubles, a bonus of 5,000 rubles, an additional payment for harmful conditions of 5,000 rubles, an additional payment for working in harsh climatic conditions of 10,000 rubles;
• the total salary is 35,000 rubles, and was accrued for April 2019;
• the employee worked 3 days in April, and filed a statement in which he asked to be dismissed of his own free will, indicating that he would work for another 2 weeks (including days off), as required by labor legislation;
• this means that his compensation will be as follows: in April, 21 working days, and the employee, taking into account the days off, worked 13 days, which means that he is entitled to 35,000/21 = 1667 rubles in one day, and 1667x13 = 21671 rubles in 13 days.

Thus, the calculation of compensation upon dismissal on wages will take place.

In principle, such calculations are present in various Decrees of the Government of our country, which regulate the issues of compensation for employees who leave their jobs.

You should also pay special attention to the solution of the following question. There are cases when during the year, or another period of work, some wage arrears may arise before the employee. In this case, this debt must be indexed and paid upon dismissal.

It is important to know that if an individual entrepreneur is not able to hire a lawyer or a professional accountant, and tries to solve such processes on his own, then he must definitely familiarize himself with the sample of the above calculation, or turn to professionals for this question. This is necessary to avoid subsequent questions from regulatory authorities.

When calculating the dismissal of an employee, an individual entrepreneur, or another person who is engaged in economic activities, must pay the employee compensation for the days of unused vacation for the entire period of work, as well as wages for the time he was at work.

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