How to correctly calculate an employee upon termination employment contract, regardless of its reasons? And also: what is the deadline for dismissal? These and other related issues are the subject of this article.
Calculation terms upon dismissal - this is the time for which an employee must be paid upon termination labor relations, that is, to pay all the money that is owed, practically, to a former employee of the institution. By law, the employer must not only calculate it, but also return the completed work book to him on the same day that he quits, although sometimes situations arise when this is difficult to do.
What payments are due upon termination of an employment contract?
When terminating an employment relationship with an employee of an enterprise or organization for any of the existing reasons that are provided for in the Labor Code of the Russian Federation, the employer must pay him in full. All payments upon dismissal are enshrined in the labor code and must be made in strict accordance with its requirements.
Thus, when settling a settlement with an employee related to his dismissal from his position, regardless of the reasons and who initiated the dismissal, he must be paid:
- salary due for time worked in the current month;
- severance pay(in the amounts and cases stipulated by the legislation of the Russian Federation);
- compensation for unused vacation.
All these payments due to the resigning employee must be made upon settlement with him in the terms and amounts provided for by the Labor Code of the Russian Federation.
Deadline for payment of wages upon dismissal
According to Art. 140 of the Labor Code of the Russian Federation, the deadline for payment of salary upon dismissal, which is due to a resigning employee of an enterprise or company, is made directly on the day when a certain employee resigns, that is, on the last day of work.
It is worth considering that if an employee of any enterprise or department did not work on the day of his release from his position, then the payment terms wages upon dismissal, others, namely, payment is made no later than next day after the request of the dismissed employee to calculate it.
It happens that an employee ends up on sick leave on the day of dismissal. This can only happen if the contract is terminated on his own initiative or by mutual agreement of the parties. In this case, as an option, payment of wages can be made in non-cash form - by transferring it to bank card. But employers don't always do this. In this case, the law allows for the calculation of wages and all other payments no later than the next day after the dismissal person applies. In addition, in this case, the employee will have to pay for sick leave.
Situations cannot be ruled out when disputes arise about the amount of the amount to be paid. In this case, the manager must, within the specified period of time, in accordance with the Labor Code of the Russian Federation, pay the amount of wages that is not disputed by him. The disputed part of the amount can be paid later, either by mutual agreement or by court decision.
A situation may arise when an employee of a company upon dismissal has an outstanding debt to management. The employer, when making calculations, can withhold the funds allocated to him by law, but in this case it is necessary to take into account the restrictions established by the legislation of the Russian Federation (more details about this in Articles 137, 138, 248 of the Labor Code of the Russian Federation). The amount of deductions, in this case, should not exceed 20% of the salary of the employee with whom the employment contract is terminated (Article 138 of the Labor Code of the Russian Federation).
In addition, it is worth noting that if an employee causes any loss to the employer, upon settlement, he has the right to recover it without a court decision, in the case where its amount does not exceed the average monthly earnings of the dismissed person (Article 248 of the Labor Code of the Russian Federation). But if the damage caused exceeds this permissible norm, the employer is obliged to go to court. But in no case can an employee’s debt be the basis for untimely settlement with him upon dismissal.
In case of late payment, the employee has every right to go to court.
Payment of severance pay
Severance pay is a sum of money determined by the Labor Code of the Russian Federation or a collective contract and paid to an employee of a department or enterprise on the day of his dismissal from his position. The stipulated payment of benefits upon dismissal and its amount depend entirely on various reasons termination of an employment contract with an employee.
When an enterprise is liquidated or there is a large-scale reduction in staff, a one-time severance pay is paid in the amount of average monthly earnings (Article 178 of the Labor Code of the Russian Federation).
If an employment contract is terminated for a number of specific reasons, severance pay may be paid in the amount of 2 weeks' average earnings. One-time benefit This amount is paid when calculating due to dismissal for the following reasons (Article 178 of the Labor Code of the Russian Federation):
- call from an institution employee to military service or in case of assignment to alternative civil service;
- return and reinstatement of the employee who previously performed this work;
- recognition of an employee of an institution as completely incapable of any type of activity;
- refusal of an employee of the department to work due to changes previously determined by the parties to the fixed conditions of the employment agreement;
- refusal of the worker to be transferred to another location together with the employer.
It is significant that severance pay is paid to the employee on the day of dismissal. But an employment or collective agreement may also stipulate other cases of payment of severance pay. This is provided for in Art. 178 Labor Code of the Russian Federation.
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Everything has its logical conclusion, and cooperation with the employer even more so. You always want to part on a positive wave and in good relations, and for this, accurate and timely payment upon dismissal is important. Payment terms, their types and features - we will analyze everything in order.
For each of these cases, let's consider what the employee should receive and how to calculate the payout upon dismissal.
Calculation when leaving at your own request
If a person leaves his job on his own, then in this case, upon dismissal, when should the payment be paid? To resign for this reason, in accordance with the labor code, you need to contact the employer with. The date of dismissal is the last working day, and it is also the date of final payment of all money due to the employee, in other words, settlement. On this day, the employer is obliged to hand over a work book, salary certificates, familiarize with the order and transfer to the card all amounts due. These include:
- salary for days worked prior to dismissal;
- bonuses, bonuses in accordance with current rules;
- (for as many days of rest as the employee has left untaken).
You can make sure that all the mentioned points and questions are reflected in the last transfer of money by requesting a payslip. Everything here should be clear, and you don’t need any online calculator for calculating your dismissal. Each type of accrual is reflected separately on the payslip. In accordance with the article of the Tax Code of the Russian Federation, a 13% tax will be withheld from the amount indicated for payment. The money is transferred to the employee’s account or handed out at the company’s cash desk.
Calculation of compensation for unused vacation: calculator
Employment date:
Date of dismissal:
How many days of vacation are you entitled to per year?
28 (general rule) 30 (disabled workers) 31 (minors or long working hours) 35 (harmful or hazardous conditions labor) 44 (work in localities equated to the Far North) 52 (work in the Far North) other (enter the number of days manually)
Add periods not included in the vacation period (see help in the text):
Add period
How many calendar days Have you been granted leave in all previous years?
Write your average daily earnings (see help in the text):
The length of service for calculation does not include:
- Parental leave.
- Vacations at your own expense for more than 14 days. In this case, 14 days are counted towards the length of service, which gives the right to leave, and the 15th, 16th and subsequent days are excluded from it.
- Days of absence from work without a valid reason.
- Days of suspension from work.
Agreement of the parties and benefits
This method of separation or dismissal is also very popular; it allows you to put an end to the relationship quickly and sometimes provides additional amounts. But you need to know that according to the law, severance pay is not provided for this type of dismissal. It all depends on how the parties agreed. Sometimes the amount of additional payments is influenced by a collective agreement or individual terms of the employment contract, reflecting the responsibilities of the parties.
Sometimes employers, instead of reducing staff, use an agreement between the parties, since in this case there is no need to warn in advance, notify the employment center, consult with lawyers, and so on. If this is the case, it makes sense to demand severance pay, calculated as if you were being laid off. Management has no right to force people to sign this or that agreement, even upon dismissal.
Once you have agreed on severance pay, pay attention to the payment and full settlement deadlines specified in the severance agreement. As a rule, the employee receives all the money on the last day, but additional compensation may be transferred earlier.
If you are confused by the money received by agreement of the parties, and you suspect a violation of agreements on the part of the former employer, then demand that the set of documents issued at parting includes a note of calculation upon dismissal (pay slip), where the exact amounts paid will be visible.
Calculation for staff reduction
The procedure for layoffs and layoffs is quite labor-intensive and therefore occurs infrequently. What the employer must do by law:
- give written notice of layoffs 2 months in advance;
- familiarize yourself with the order;
- offer open vacancies for translation.
When the day of dismissal arrives, the employee receives all payments as in the case of normal resignation on his own initiative, and in addition - a benefit in the amount of one salary. How many months will the money be paid in this case? The erroneous opinion that during layoffs they pay 3 salaries per year was most likely born out of the 2 months of work before the layoff. But this time is paid as usual.
The calculation period for layoffs is the same - on the last day of work, at the time of dismissal.
Getting money for the second month after leaving is not so easy: you need to show your previous employer your work book without new entries a month after leaving. The third month is paid in exceptional cases: you must bring a certificate from the employment center stating that you registered no later than 2 weeks following the loss of your job, and a written decision on the benefit.
Deadlines for payment of compensation upon dismissal
Regardless of whether a person quits due to at will, by agreement of the parties, for a disciplinary violation or for dismissal, he must be paid all the money due on the last working day. This norm is strictly enshrined in.
What to do if payment is delayed
Unfortunately, not all organizations strictly comply with the law and pay employees on time. If the money has not been transferred by the end of the last working day, you can complain about the delay. There is a fact of an administrative offense for which a fine is imposed. Indeed, the employer refuses to pay what is due. In addition, for each day of delay, interest must be charged - at least 1/150 of the Central Bank rate. The amount of compensation for the delay is small, but if there are significant violations of the deadlines, the amount can add up to a significant amount.
If you were fired and did not receive money, this may be a reason to file a complaint. The employer will be subject to inspection and fined, and will also be required to pay you promptly with interest. You can also file an application in court and demand compensation for moral damage caused by the delay in payment to one or more persons.
Article 140 of the Labor Code of the Russian Federation is devoted to the timing of settlements with an employee leaving the organization.
Article 140 of the Labor Code of the Russian Federation. Payment terms upon dismissal
Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.
What date is the deadline for issuing settlement bills?
As a general rule, the day of dismissal should be considered the date when the person was present at the workplace last time. But in practice, it also happens that the last working day and the day of dismissal do not coincide.
Here are examples of date discrepancies:
Within what time and how should the money be paid?
Let's consider when the final one should be made, depending on the situation, but taking into account the requirements of current legislation.
When should the payment be given if the employee was absent on the last working day?
About this situation we're talking about also in Art. 140 Labor Code of the Russian Federation. It is indicated that the employer is given a day to make the payment, but from the moment when the dismissed employee demands payment Money. It turns out that the employee himself, after dismissal, must contact his already former leader and demand that a settlement be made with him.
Read about what payments an employee is entitled to upon dismissal, and from there you will learn whether you can hope to receive a bonus after dismissal.
How to submit an application to receive payment?
This issue is not addressed in the legislation. It appears that It is best to submit a written application with approximately the following content:
“I, Ivan Vasilievich Petrov, was dismissed from Magnat LLC at my own request on April 18, 2018. On the day of dismissal, I was absent from the workplace due to a day off, I ask you to make a full payment to me within the time limits established by labor legislation.”
You must include the date the application was written and a signature.
If desired or necessary, the application can be submitted not in person, but by mail or through a representative.
However, the former employee of the organization himself is interested in the issue of receiving funds. Therefore, it is better to contact the company’s office yourself. Most likely, the money will be issued immediately.
What if an employee wants to quit while going on vacation?
The situation is more difficult to interpret if the employee goes on vacation with subsequent dismissal. On what day is the employee paid in this case?
Art. 140 of the Labor Code of the Russian Federation, as noted, says that the calculation must be made on the day of dismissal or, if the employee is not in his place on that day, no later than the day following the date the dismissed person applies for the payments due.
Thus, the following logical conclusions can be made:
- If an employee is on vacation, his place of work must be retained.
- Accordingly, the calculation must be made after the vacation ends.
These conclusions are erroneous. In fact, vacation time is not taken into account. This follows from the provisions of Art. Art. 84.1 and 127 Labor Code of the Russian Federation. Thus, the employee has the right to receive all payments due on the last working day. Or the next day after he contacted the employer for a settlement, if the employee, for one reason or another, was not present at the workplace on the date of dismissal.
Responsibility of the employer for delay in transfer
If the employer does not pay the money within the time limits specified in this article, then the employee can contact:
According to Art. 236 of the Labor Code of the Russian Federation, for late payments, interest is charged in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation, on the amount of debt and for each day of delay in payments. The entire amount must go into the employee’s pocket. But there is also responsibility to the state. In particular, the Code of Administrative Offenses of the Russian Federation contains
When an employee is dismissed (regardless of the reason for dismissal), the employer is obliged to make a final settlement with this employee, that is, he must pay all amounts due to the employee (unpaid wages, ...).
Payment after dismissal: terms
Labor legislation Clear deadlines have been established for payment upon dismissal. Thus, payment of all amounts is made on the day of dismissal (Article 140 of the Labor Code of the Russian Federation).
Let us remind you that, as a general rule, the day of dismissal is considered the last day of work of the employee.
Calculation upon dismissal: payment terms if the employee was absent on the last day of work
If an employee, for example, was on vacation or sick, that is, absent on the last day of work, and the organization’s salary is paid in cash, then the employer must make a payment upon dismissal no later than the day following the day when the employee applied for payment (Article 140 Tax Code of the Russian Federation).
Calculation of an employee upon dismissal: payment deadlines violated by the employer
An employer who has violated the payment deadline when dismissing an employee must pay the latter compensation for the delay in payments in the amount of no less than 1/150 of the Central Bank key rate in effect during the period of delay (Article 236 of the Labor Code of the Russian Federation). Compensation is calculated for each day of delay, starting from the day following the day when the employer was supposed to make payment upon dismissal, up to and including the day of actual payment.
What else does the employer face if he does not make a payment on the day of dismissal?
If the employer violates the deadline for issuing a dismissal payment, and the employee complains about him in labor inspection, then the employer faces a fine in the amount of (part 6 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).
29.08.2018, 2:29
The employer must make a full financial settlement with each dismissed employee. This norm is enshrined in the Labor Code. This legal act also specifies the deadlines for transferring the last salary and issuing work book. How long will it take for dismissal pay to be paid? The answer is given in Article 140 of the Labor Code of the Russian Federation. Read more about the current procedure in the material.
How to determine the payment date
The employer is obliged to ensure that the dismissed official receives a paycheck on the last working day (Article 140 of the Labor Code of the Russian Federation). The calculation amount includes the basic salary and full list applicable allowances and surcharges. What is the deadline for calculations upon dismissal in relation to compensation accruals?
They are issued to the employee simultaneously with other types of income (we are talking about social benefits, severance pay, compensation for unused days paid vacation, etc.).
The final payment of an employee's income can be made by the employer in one of two ways:
- issuing money from the cash register according to pay slips against signature;
- crediting funds to an existing bank account individual.
If on the appointed day of dismissal the employee is absent from the workplace for good reasons, and the employer is unable to make payments in cashless form, the deadline for payment upon dismissal is postponed.
The waiting period for payment will depend on the will of the individual terminating the contract. Prolongation is possible according to the provisions of Article 140 of the Labor Code of the Russian Federation, namely: until the day following the date when the former employee applied for payment.
Legal consequences of delay
If the employer was unable to meet the deadlines for repaying monetary obligations to the dismissed employee, he must accrue and pay compensation to the former employee.
The final amount of compensation depends on how many days the payment deadlines were delayed upon voluntary dismissal. The algorithm for calculating compensation is given in Art. 236 Labor Code of the Russian Federation:
- the minimum amount of compensation payment corresponds to 1/150 of the key rate according to the Central Bank of the Russian Federation as of the date of the recorded delay;
- compensation must be calculated for each day of delay;
- The counting of overdue days begins from the day following dismissal;
- The date on which the final payment was actually made is also subject to payment.
It is also necessary to remember that a dismissed employee, if payments are late, has the right to file a complaint against the employer with the labor inspectorate. In this case, employers and their officials may be fined as specified in Part 6 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.
