(What amount should be paid when dismissing an employee at his own request, at the initiative of the employer and other circumstances)

Dismissal is considered to be an unpleasant event. Psychologists believe that in terms of the intensity of the experience, dismissal is second only to divorce and the death of a loved one. However, ending an employment contract is almost always a new opportunity for career growth and a chance to change your professional life for the better. Even if this happened at the initiative of the employer.

In any case, dismissal should be considered as an opportunity to rest and relax, as well as to find a better place to work. This is well facilitated by the payments that an employee can count on in connection with dismissal. These include:

• wages for days worked in the month of dismissal;
• compensation upon dismissal for unused vacation;
• severance pay and average monthly earnings for the period of employment;
• compensation to the company's management and chief accountant;
• temporary disability benefit.

Calculation with allowances and surcharges

The employer must pay the resigning employee the full salary no later than the day of dismissal, i.e. together with all additional payments, allowances and bonuses provided for in the organization (Article 140 of the Labor Code of the Russian Federation). This requirement is met by the employer in 99 percent of cases if the employee actually carried out his activities and this can be confirmed. If the employer unreasonably underestimated the amount of payment, then it is possible and necessary to go to court, especially since the statement of claim in defense of the employee’s rights is not subject to state duty.

Compensation for unused vacation

Quite typical situations are when unused vacations accumulate for years. However, the law prohibits failure to provide annual paid leave for two consecutive years. But it is entirely possible to transfer leave for the current years to the next year at the request of the employee (Article 124 of the Labor Code of the Russian Federation).

As a general rule, before dismissal, an employee can, at his discretion, take time off or receive compensation for all vacations on the basis of Article 127 of the Labor Code of the Russian Federation.

As you know, leave is granted to an employee based on his written application. The same applies to vacation followed by dismissal.

It must be remembered that if an employee is dismissed for guilty actions, it will not be possible to use vacation. For example, if an employee skipped work or committed theft in his organization (Article 81 of the Labor Code of the Russian Federation, appeal ruling of the Altai Regional Court of 2015). Monetary compensation is paid regardless of the reason for dismissal.

To calculate compensation, length of service in the organization is important. The length of service does not include (Article 121 of the Labor Code of the Russian Federation):

• time of absence from work without good reason;
• Holiday to care for the child;
• vacation at your own expense exceeding 14 calendar days.

Severance pay due to staff reduction

When an organization is liquidated or its staff is reduced, the dismissed employee is entitled to payment of severance pay and average monthly earnings for the period of employment, but, as a general rule, no longer than two months (Article 178 of the Labor Code of the Russian Federation). Severance pay is also paid if the employer violates the rules for concluding a contract, if it excludes the possibility of continuing work (Articles 77 and 84 of the Labor Code of the Russian Federation). The benefit is paid in the amount of average monthly earnings and is included in payments for the period of employment.

The law also defines other cases of payment of benefits, but in the amount of two weeks’ average earnings:

• the employee refused to be transferred to another job offered to him on legal grounds (for example, for medical reasons);
• the employee who previously performed the functions of the resigning employee has been reinstated;
• the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties.

The organization may also provide for other reasons for paying severance pay or set increased amounts.

In this case, the payment of benefits does not depend on the fact of further employment.

The benefit is not paid in the following cases:

• when an employee commits guilty actions. For example, at least one-time use by a teacher of educational methods associated with physical and (or) mental violence against the personality of a student or pupil (336 Labor Code of the Russian Federation);
• if the employee, through his own fault, violated the rules for concluding an employment contract;
• if the employment contract is concluded for a period of less than two months;
• if the employee worked part-time;
• if the employee did not complete the probationary period (Article 71 of the Labor Code of the Russian Federation).

A few words should be said about the violation of the rules for concluding an employment agreement, which does not allow the continuation of work. The list of these violations is enshrined in Article 84 of the Labor Code of the Russian Federation, and the culprit may be either the employer or the employee:

• the employee began work with a medical certificate prohibiting him from this type of activity;
• in necessary cases, there is no document on education;
• other cases established by law. For example, when hiring a woman for a job with harmful or dangerous working conditions (Article 253 of the Labor Code of the Russian Federation).

Compensation upon dismissal of a director or chief accountant

For persons exercising strategic and financial management of the organization - the director, his deputy and the chief accountant - the labor code provides additional guarantees upon dismissal. Thus, upon termination of the contract following a change of founders, these persons are entitled to compensation in the amount of not less than three average monthly earnings of the employee.

Temporary disability benefit

It should be remembered that the employer does not have the right to dismiss an employee on his own initiative during the period of his temporary incapacity for work, as well as during the period of pregnancy or child care. The exception is situations of liquidation of a company or termination of activities by an individual entrepreneur.

The benefit is paid if the disability occurs during the period of work or within 30 calendar days from the date of termination of the employment relationship (Article 5 of the Federal Law of December 29, 2006 No. 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”).

Temporary disability benefits are paid exclusively in the following situations:

• illness or injury, incl. in connection with abortion or IVF;
• the need to care for a sick family member;
• quarantine of an employee or his child attending kindergarten;
• prosthetics for medical reasons in a hospital facility;
• follow-up treatment in the prescribed manner in sanatorium-resort organizations after the provision of medical care in a hospital setting;
• in connection with motherhood.

You can apply for payment of such a benefit to your employer within six months from the moment the circumstances that served as the basis for receiving it cease (Article 12 of Law No. 255-FZ).

It is worth noting that if an employee falls ill during the vacation period before dismissal, then the vacation for the duration of the illness is not extended.

In conclusion, let us remind you once again that payments to the employee are made on the last day of his work. In this case, the employer must pay all amounts, with the exception of temporary disability benefits, namely wages, compensation for vacations, etc. For some reasons, an employee may be absent from the workplace on the day of dismissal, which means that he will not receive payment on that day. Then he has the right to apply later, and the employer is obliged to pay the amounts due to him no later than the next day after the application. In case of delay in payments for any reason, the employer must also pay the former employee interest in an amount not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at that time on all unpaid amounts for each day of delay (Article 236 of the Labor Code of the Russian Federation).

People often refer to severance pay as all the money they receive when they quit. The exciting situation of changing jobs is always fraught with a bunch of questions from dismissed employees. Therefore, in this article I will answer an important question in as much detail as possible - What will the employee be paid upon dismissal? How are payments calculated, what are the consequences for the employer of non-payment or delay in this case, and other related issues.

Severance pay upon dismissal is stipulated by Article 178 of the Labor Code of the Russian Federation, which is called “Severance pay” and refers to Chapter 27 “Guarantees and compensation to employees related to termination of an employment contract.”

○ Severance pay upon dismissal.

Severance pay is a sum of money paid in a lump sum upon dismissal for certain reasons.

If something unpleasant for the workers happens - the liquidation of an organization or a massive reduction in the number (staff) of employees, in this case the employee is required to pay severance pay in the amount of average monthly earnings. In addition, he will retain his average monthly salary for the period of employment, but no longer than two months from the date of dismissal (including severance pay).

EXAMPLE! If employee Vasilisa the Beautiful has an average monthly salary of 18,200 rubles, and employee Zmey Gorynych has 22,660 rubles, both will receive exactly these amounts as severance pay upon layoffs.

However, if an enterprise or organization has a collective agreement stipulating that when dismissing employees during liquidation or reduction of staff, everyone is paid a severance pay of 30,000 rubles, then this is exactly the amount that will be paid to everyone.

IMPORTANT! In labor law, along with the Labor Code, other acts apply equally if they improve the situation of the employee.

If a laid-off employee applied to the employment service body, but was not employed within two weeks (about which he was given a corresponding decision by this body), then, by providing his work book and this decision at his old job, he can count on an average monthly salary of within the third month from the date of dismissal. But this case is exceptional.

Severance pay in the amount of two weeks' average earnings paid upon termination of the employment contract in the cases below.

1. If the employee has been issued a medical certificate that does not allow him to work under the conditions under which he was once hired for this job, the employer offered work in another position, but the employee refused (or the employer does not have a suitable vacancy). In this case, the employee is dismissed under clause 8 of part one of Article 77 of the Labor Code of the Russian Federation.
2. The situation could get worse - and the employee, due to some serious health reasons, is assigned a “non-working” disability group by the Medical and Sanitary Examination. It turns out that he is completely incapable of working and must be fired immediately on the day the conclusion is issued due to circumstances beyond the control of the parties, paragraph 5 of part one of Article 83 of the Labor Code of the Russian Federation.
3. The employee was called up for compulsory military service (the law in this case equates the alternative civilian service to this service).

   EXAMPLE!If employee Ivan Zhukov received a summons and he honestly joined the army, and before that his average monthly earnings were 22,500, then upon settlement he will be paid severance pay in the amount of 11,250. In addition, he will be paid wages worked and compensation for unused vacation . There will be something to spend the holidays on!

4. The practice of labor relations is quite extensive, and our courts observe procedural deadlines and can take quite a long time to make their final decision. Thus, a situation may arise that you are hired to replace a person who filed a lawsuit for illegal dismissal and reinstatement at his former workplace in the same status.
   And this citizen was reinstated by the court to his former workplace. Unfortunately for you, as someone who works in this place today, the employer is forced to fire you (the basis is paragraph 2 of part one of Article 83 of the Labor Code of the Russian Federation). In this case, a weak form of compensation for your suffering will be the payment of severance pay.
5. It may happen that the employer is forced to move to another area for a number of reasons. If an employee does not agree to be transferred to work in another area together with the employer and refuses to move, then, in accordance with paragraph 9 of part one of Article 77 of the Labor Code of the Russian Federation, he resigns and is paid severance pay in the amount of two weeks’ average earnings.

○ Payments upon dismissal by agreement of the parties.

Payments upon dismissal by agreement of the parties are not required by law. However, payments and amounts of severance payments may be stipulated on the basis of an employment or collective agreement. In addition, payment may be stipulated in the agreement on termination of the employment contract itself.

EXAMPLE! Having written a letter of resignation by agreement of the parties from Field of Miracles LLC, Cat Basilio stipulated (and this was included in writing in the agreement) that his severance pay would be 5,000 rubles. This amount was added to his salary and compensation for unused vacation.

○ Deadlines for payment of severance pay upon dismissal.

The deadline for payment of severance pay upon dismissal is the employee’s last working day, when he will be given:

• Wages.
• Compensation for unused vacation.
• Severance pay, if it is stipulated by law or other act (collective agreement, employment contract, agreement of the parties).

IMPORTANT! The sums of money that must be paid to an employee dismissed due to the liquidation of the organization or due to a reduction in the number or staff, for the second and, in exceptional cases, for the third month of the employment period, are not considered severance pay! Accordingly, their payment terms are determined locally.

Severance pay is compensation that is given to employees upon dismissal.

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

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

The procedure for calculating and providing payments is determined by the Labor Code. The amount of compensation upon termination of employment with an employer depends on many factors, including the reason for the layoff.

What does the law say?

The benefit is compensation for the very fact of leaving the company, therefore it is paid on the day of dismissal (Article 84.1, Article 140 of the Labor Code of the Russian Federation).

Payments are made on the basis of an order indicating the grounds for reduction. A separate order for compensation is not issued.

The benefit amount is determined based on average monthly earnings.

Concept

Severance pay is a one-time payment assigned to a dismissed citizen. The grounds for making payments are provided for by labor legislation, internal regulations of the company, collective and labor agreements.

Severance pay upon dismissal is not always provided, but only in certain cases.

Normative base

Labor legislation obliges employers to provide benefits if the contract is terminated for one of the following reasons:

• Liquidation of company;
• staff reduction;
• conscription of a citizen for military service;
• reinstatement by decision of a court or labor inspectorate;
• refusal to transfer to another locality;
• refusal to transfer to another job for medical reasons;
• recognition of the employee as unfit for work due to health reasons (if there is a medical certificate);
• refusal to continue working due to a change in working conditions;
• the dismissal of a manager is not his fault, if the founders are responsible for making the decision;
• with the manager and chief accountant due to a change of owner;
• violations committed by the employer, as a result of which it becomes impossible to transfer to another vacancy based on a court decision, medical conditions, for persons who do not have the required educational documents, citizens deprived of certain rights (expelled from the Russian Federation, dismissed from the civil service, etc.) , incl. deprived of the right to carry out certain types of activities.

For the next two months, a dismissed citizen receives compensation in the amount of the average salary.

If you register with the employment center, the payment period will increase to three months.

The average monthly salary is due to employees dismissed due to violation of the rules for concluding a contract.

The dismissed manager and chief accountant are entitled to compensation in the amount of three average salaries. In all other cases, when a reduction is made, an amount corresponding to two weeks’ salary is due.

This also includes citizens employed in seasonal work.

What documents of the organization is it secured?

If a citizen was employed for a period not exceeding two months, the amount of payment is determined either by internal regulations.

In the absence of this clause in the documents, the employer is released from the obligation to provide compensation.

In what cases is it paid?

The benefit is paid:

• when staffing is reduced;
• upon liquidation of the company.

How are executive compensation paid?

The Labor Code provides for special payments upon dismissal under Articles 181, 278 and 279:

• due to a change in the owner of the property of a legal entity - for management and the chief accountant;
• without explanation - for management, if there are no illegal actions on its part.

Payments of salaries, unused vacation, overtime schedules, etc. We will talk about this in more detail later in the article.

Two ways to voluntarily change employer

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

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

Payments required by law will be the same.

Legal differences

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

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

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

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

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

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

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

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

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

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

The employer doesn't know what to do?

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

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

How to calculate compensation for unused vacation

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

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

Calculation examples

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

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

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

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

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

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

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

main feature

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

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

Common mistake of the “smartest”

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

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

Features of calculating payments for sick leave

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

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

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

If you change jobs, it is very important that there is a full settlement between you and the employer regarding 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 carried out on the grounds provided for in Chapter 13 of the Labor Code of the Russian Federation. The day of dismissal is the employee's last day of work. Regardless of the reason for dismissal, the employer must always make a full payment from the employees. The procedure and conditions for payment of compensation and severance pay are specified in the Labor Code of the Russian Federation. According to its provisions, upon dismissal, an employee must receive:

· wages for the time actually 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 last day after the latter submitted a request for final payment.

Basic payments

So, let's talk in more detail about what kind of severance payments an employer makes. The first is wages for the time actually worked during the month when the employee quit. It includes all available allowances, bonuses and additional payments.

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 can submit a written statement that unused vacations can be provided to him along with his dismissal. This does not apply to cases of dismissal based on 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 vacation for the current year was provided to the employee as an advance, and the year at the time of dismissal was not fully worked, then the amount of average earnings for the days not worked is subject to withholding. However, deduction is not carried out in the following situations:

· termination of activity or liquidation;

· reduction in the number of employees;

· the employee’s incompatibility with the position or responsibilities due to health reasons;

· change of ownership of company property;

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

· reinstatement of an employee in the workplace who previously fulfilled his duties by a court decision or state labor inspectorate;

· recognition of the employee as completely incapacitated;

· death of the employer or employee;

· the occurrence of emergency circumstances that prevent the continuation of labor relations.

As for severance pay, upon dismissal, the average monthly salary is paid. Also, during the period of employment, the employee retains the right to receive an average monthly salary, but no more than 2 months from the date of dismissal.

Payment of severance pay is made regardless of the subsequent employment of employees in the presence of circumstances provided for by the Labor Code of the Russian Federation. As for the average salary, a dismissed employee can retain it only if he does not get a new job. So, if you want to be paid the average monthly salary for the period of employment for the second month, you need to confirm that you did not work during this time. To do this, you will need to provide a work record.

This information will help you receive all your severance benefits.