How to correctly calculate the dismissal of an employee. Calculation period for voluntary dismissal. Letter of resignation. Final payment upon dismissal

Such an event happens sooner or later in the life of every person. Depending on the circumstances, it may or may not be pleasant, but leaving work is associated with a number of additional circumstances that you need to know about in advance and be prepared for.

One of these points is the procedure for the final settlement of an enterprise with a resigning employee.

The main reasons and methods of dismissal in accordance with the Labor Code of the Russian Federation

Employee initiative

One of the most common reasons for dismissal is an employee, expressed in the form of a corresponding statement, which is written by him in any form. This document is drawn up two weeks before the expected departure so that the employer has the opportunity to select a replacement for the retiring employee.

Situations are possible and actually practiced when the parties agree not to fulfill the established deadline when leaving work. But if an employee wants to work these two weeks, the organization is obliged to pay for them.

Termination without working out a two-week period possible in the following cases:

• employee’s admission to study;
• dismissal due to retirement;
• change of place of residence;
• the need to care for a disabled person of the first group;
• if the employer violates the requirements of labor legislation.

In all of the above circumstances, the employee may not work the two-week period, even if the employer insists on this.

During the “working off” period, the employee has the right to withdraw his application and continue to perform his duties.

If you have not yet registered an organization, then easiest way This can be done using online services that will help you generate all the necessary documents for free: If you already have an organization and you are thinking about how to simplify and automate accounting and reporting, then the following online services will come to the rescue and will completely replace an accountant at your enterprise and will save a lot of money and time. All reporting is generated automatically, signed electronically and sent automatically online. It is ideal for individual entrepreneurs or LLCs on the simplified tax system, UTII, PSN, TS, OSNO.
Everything happens in a few clicks, without queues and stress. Try it and you will be surprised how easy it has become!

Agreement of the parties

This method of action is chosen by the administration in order to get rid of an unwanted employee when he does not give rise to any aggressive actions.

The head of the enterprise proactively meets with the employee and offers him an agreement that can suit both parties. As a rule, the administration offers monetary compensation in the amount of 2–3 months’ salary.

In this case, the wording of the reason for leaving may be as worded in paragraph 1 of Art. 77 of the Labor Code, and under Art. 78 of the same document.

Staff reduction

This type of dismissal requires compliance with a certain procedure, namely:

• a reduction order is issued;
• a mandatory step is to notify the employees to be laid off and offer them another job at the given enterprise;
• message about the upcoming event of the trade union organization and the employment service;
• dismissal of employees if they do not agree to employment for the proposed positions.

The process of terminating a contract on this basis is regulated by Article 181 of the Labor Code.

Employer initiative

There is a clause that all types of compensation are not subject to taxation, with the exception of that for unused vacation.

What payments are due to an employee upon dismissal are described in the following video:

Procedure for calculating compensation

The basis for calculating compensation payments is the employee. It is calculated based on the money paid divided by the number of days worked. In this case, not only the salary amounts are taken into account, but also all bonuses, allowances and other payments stipulated under the contract. Average daily earnings are multiplied by the number of unused vacation days.

All taxes are paid from the accrued amount and deductions are made to funds.

Upon termination of an employment contract at the initiative of the enterprise, the employee is awarded severance pay in the amount of earnings for two weeks or a month.

Payment terms

An indispensable requirement of the Labor Code of the Russian Federation is the payment of accrued amounts to the employee on the day of dismissal.

These include:

• payment for hours worked for the current month;
• compensation payments for vacation not taken;
• severance payments to those who are entitled to them.

If the procedure for paying settlements upon dismissal is violated, the payer may be charged a fine in the amount corresponding to the refinancing rate of the Central Bank of the Russian Federation.

In this case, all taxes must be calculated on the amount of compensation for vacation.

Severance pay and the remaining average monthly earnings are not subject to personal income tax and no contributions are made to funds.

Calculation note about accruals upon dismissal

This document is drawn up according to the approved form T-61. The front side is filled out by the enterprise's personnel department, indicating all its registration and bank details.

The reverse side of the form must be filled out by an accounting employee with detailed notes on accruals and an indication of the total amount. Signed by the head of the personnel department and the chief accountant of the enterprise.

The note is the basis for the payment of settlement amounts along with the order to dismiss the employee.

Responsibility for late payments

As mentioned above, paychecks are issued to the dismissed person on the day of dismissal. For compliance with the payment deadline, the company bears financial responsibility in the amount of 1/300 of the Central Bank refinancing rate for each day of delay.

If there is a delay in the calculation, you need to contact the labor inspectorate with a free-form application. The inspector of this service will issue an order to complete the calculation and monitor its implementation.

If the labor inspector’s decision is not fulfilled, you can go to court, which, most likely, will be on the side of the plaintiff and will demand the due amount from the defendant.

The payment terms for dismissal are described in the following video:

The question of payment of wages upon dismissal worries many workers. establishes that in case of dismissal on the grounds provided for by it, the period of payment should be limited to the last day of work.

On the same day, other payments are issued, which are specified by the law and the employment contract. In case of absence from the workplace on the last working day, the payment must be made no later than the day following the day of filing the relevant application.

If a dispute arises with the employer about the payment of wages, he is still obliged to pay the amount that is not disputed within the appointed time (Article 140 of the Labor Code of the Russian Federation). Delay in payment is classified as an administrative violation and is punishable by a fine for each day of delay. The topic of our article is the rules for settlement with an employee in case of dismissal, the timing of payment of wages and other mandatory payments upon dismissal.

The timing of salary payment upon dismissal is regulated in Article 140 of the Labor Code of the Russian Federation. According to her requirements, . If the employee was absent on the last day, the deadline for payment is the next day after notifying management of the desire to receive a payment.

What benefits is the employee entitled to?

• Wages for the number of days worked in the current working month;
• 13th salary, if this is required under the collective agreement or bonus regulations;
• or according to Article 178 of the Labor Code of the Russian Federation.

In case of delay in payment of wages, the employer is subject to an administrative fine in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay. When no agreement has been reached between the employee and the organization on the amount of payments, the employee can either.

Calculation of salary upon dismissal of an employee

Any employee can make an approximate calculation of monetary payment upon dismissal, having received some figures from the organization’s accounting department or from the human resources department.

1. Unused days of annual leave and additional leave. You can obtain information about the required vacations from the HR department upon personal request. It is drawn up in the form of an extract from the employee’s personal file. Payment upon termination of an employment contract involves compensation for each unused day of vacation during the entire period of work.
2. Calculation of compensation for one unused vacation day is carried out on the basis of, reflecting the employee’s income for the entire period of work in the company. This amount is divided first by the number of months in a year (12), and then by the average number of days in a month (29.3).
3. Salary for one working day. Calculation of wages for a part-time working month in which an employee resigns occurs by dividing all due payments for the month by the number of full working days of the month. This number is multiplied by the number of working days in the current pay period.

When calculating an employee's annual income, it is not the calendar year that is used, but the entire year of work from the moment the employee is hired until the moment of dismissal.

Many problems are associated with calculating the amount of salary if it consisted of a permanent part and a bonus (or as a percentage of profit). If the calculation is not clearly stated in the employment contract, then they will try to deprive the employee of the bonus portion of his earnings.

It can be difficult to figure out the legality of these actions on your own, and perhaps the best option would be.

Issuance of severance pay

Benefits are paid upon dismissal of an employee, when there are legal grounds for this. Dismissal due to the liquidation of the company entails the payment of one average monthly salary plus the average salary while looking for a new job (no more than two months, if you take into account the dismissal benefit).

Collective agreements are drawn up on the basis of a provision that allows other labor acts and agreements to apply together with the Labor Code if they do not worsen the financial situation of employees.

In exceptional cases, an employee may be paid wages for the third month after dismissal due to liquidation or reduction. To do this, you just need to provide your work book at your previous job and a certificate stating that you could not find a new job within the prescribed period.

When a salary is paid upon dismissal, a lump sum benefit in the form of earnings for 2 weeks is additionally added to it for various reasons.

Types of bases:

• Conscription for compulsory military service or alternative civilian service;
• Medical indications that prohibit working at the same job under the same conditions. Dismissal occurs if the employer does not have another vacancy suitable for the employee, or the employee refuses it for any reason (clause 8 of article 77 of the Labor Code of the Russian Federation);
• Obtaining a disability group that excludes the ability to engage in work. Dismissal in this case occurs immediately after the issuance of a medical report (clause 5 of Article 83 of the Labor Code of the Russian Federation);
• Refusal of an employee to move to a new place of work together with the employer (clause 9 of Article 77 of the Labor Code of the Russian Federation);
• Entry into force of a court decision to reinstate a person in a previous position in whose position you have already managed to get a job (clause 2 of Article 83 of the Labor Code of the Russian Federation).

Calculation of tax on payments and documents upon dismissal

When settling with the employer, the employee has the right to demand from him the issuance of a work book, a 2-NDFL certificate of income and a certificate of the total amount of earnings, which will be required to calculate the amount of benefits.

In addition, if an employee wishes to receive other documents that allow him to accurately calculate payments upon dismissal, he has the right to submit a written application for their issuance.

What can you ask for?

• Certificates of the amount of contributions to insurance companies, a pension fund or the tax service;
• Certificates of wages for specific working periods;
• Copies of documents on hiring and dismissal, transfer to another workplace.

Are payments subject to tax upon dismissal of an employee? According to the law, when an employee receives benefits in the amount determined by the Labor Code of the Russian Federation, taxes are not withheld from them. If large amounts are paid, as determined by the terms of the collective agreement, contributions to the tax service are made in the general manner.

Labor legislation regarding taxes on compensation payments allows for many interpretations and discrepancies. However, paragraph 3 of Art. 217 of the Tax Code establishes that all types of monetary compensation established by law are exempt from deductions to the tax authorities.

If you disagree with the amount of payments or other actions of the employer, apply to the court, or. In your application, refer to other regulatory documents. Demand not only satisfaction of legal claims for compensation, but also payment of fines for late payment of wages.

(in other words, at the initiative of the employee) is one of the most common grounds for termination of an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because a person cannot be forced to work against his will. However, even when resigning at your own request, certain rules must be followed.

The procedure for dismissal at will

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 basis (“at one’s own request”), it must be signed by the employee indicating the date of preparation.

Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require you to resign, then the reason must be indicated, and HR employees may ask you to document it. In other cases, the phrase “I ask you to fire me at your own request on such and such a date” is sufficient.

After the resignation letter has been submitted to the personnel service, a dismissal order. Typically, a unified form of such an order (), approved by Resolution of the State Statistics Committee of January 5, 2004 No. 1, is used. The order must make a reference to the Labor Code of the Russian Federation, as well as provide details of the employee’s application. The employee must be familiarized with the dismissal order 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.

Timing of voluntary dismissal

According to the general rule, enshrined in, the employee must notify the employer of the upcoming dismissal no later than two weeks in advance. This period begins the day after the employer receives the resignation letter.

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., while terms of dismissal will not change.

There are statutory exceptions to the general rule of two-week work. Thus, if you are dismissed during the probationary period, the notice period for dismissal is three days, and if the head of the organization is dismissed, it is one month.

Calculation upon dismissal at one's own request

Calculation upon dismissal at one's own request, as well as for other reasons, 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 agreement. If the dismissed employee used vacation in advance, the paid vacation pay is recalculated, and the corresponding amount is deducted from the salary upon final payment.

If an employee was absent from work on the day of dismissal and was unable to receive a payment, 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 application.

Dismissal at your own request during the vacation period

Resign at your own request during the vacation period the law does not prohibit. Such a prohibition is provided only for dismissal at the initiative of the employer. An employee has the right to write a letter of resignation while on vacation, or to include the date of proposed dismissal during the vacation period.

If an employee wants to submit a letter of resignation while on vacation, there is no need to recall him from vacation

An employee can also resign of his own free will after using his vacation. Please note that granting leave followed by dismissal is a right, not an obligation, of the employer. If such leave is granted, the day of dismissal is considered the last day of leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day before the start of the vacation. On this day, the employee should be given a work book and all necessary payments should be made. This is a kind of exception to the general rule given, confirmed.

Dismissal at will during sick leave

Quit voluntarily while on sick leave Can. prohibits such dismissal only at the initiative of the employer.

An employee has the right to apply for dismissal during a period of temporary incapacity for work. A situation may also arise when the previously agreed upon dismissal date falls on the sick leave period. In this case, the employer will formalize the dismissal on the day specified in the resignation letter, provided that the employee has not withdrawn this application. The employer does not have the right 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 and issues a dismissal order, in which he makes a note about the employee’s absence and the impossibility of familiarizing 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

The final settlement with the employee upon his dismissal implies the payment of funds that are due to the latter for the entire period of his working activity. In this case, it is necessary to take into account the grounds for termination of the contract. After all, a citizen’s salary and other necessary payments will depend on this basis. In such a situation, the manager should not forget that full settlement with the resigning person must be made on the day when the employee last carries out his activities in this organization. Otherwise, the boss simply cannot avoid problems with the law.

Reasons

The final payment upon dismissal is made in all cases of termination of the employment contract. But the amount of money that the person will ultimately receive will depend only on the grounds on which the relationship between the employee and his boss is terminated. According to the provisions of Article 140 of the Labor Code, the manager must pay all funds due to the citizen on the last day of his work. And if it is impossible to carry out this procedure at the specified time, it must be done the next day when the employee made a demand for settlement with him. Otherwise, management may be in big trouble if a person seeks protection of violated rights in court.

It can be terminated both at the request of the employer and on the initiative of the citizen himself, as well as for reasons beyond their control. In addition, the desire to terminate the employment agreement is often mutual. In the latter case, the final payment under the contract can be made not only on the final day of the person’s work, but also after this moment.

Types of payments

Regardless of the reasons for termination of the employment contract, a final settlement is required. Mandatory payments include:

• employee salary;
• compensation for vacation that was not used;
• severance pay upon termination of the relationship between the parties to the agreement under clause 2, part 1

Additional types of monetary support include: dismissal benefits by agreement of the two parties, as well as other types of material compensation established by the collective agreement.

Procedure for issuance and retention

It is understood that all monies due must be paid to the employee. At the same time, some of them can sometimes be withheld. In a specific case, we are talking about vacation pay when an employee is dismissed for the rest that he took, but the period of work was not fully worked out, and the citizen decided to terminate his relationship with this organization and wrote a letter of resignation.

But there is one more important nuance. Money for used vacation will not be withheld by the employer from a person’s salary upon his dismissal only if his departure from work is due to staff reduction or liquidation of the organization. In this case, the employee will also have the right to severance pay in the amount of average income for two months, and if he did not get a job, then for the third month. The final payment upon dismissal of a citizen occurs on the last day of his work activity. And he is paid: salary, compensation for unspent vacation, severance pay, if applicable.

Vacation pay calculation

The company from which the employee is resigning must necessarily pay him compensation for vacation that was not used during the entire period of employment. In the case where a person has not been there for several years, the amount of payments is accordingly made for all this time. If a citizen terminates his employment relationship with an organization on his own initiative, and the period of work is not completely completed, then in this case deductions are made from his salary for the vacation used. In this case, the accounting department will have to calculate the exact number of days or months of work of the person.

The amount of vacation pay upon dismissal is calculated as follows:

1. The number of days of annual paid leave is taken, for example 28. Then it is divided by the number of months in the year, i.e. 12. Then the resulting number (2.33) is multiplied by the number of months worked in the working period, for example 4.
2. If you multiply 2.33 by 4, you get 9.32 unused vacation days. This number is then multiplied by daily earnings, for example 900 rubles. It turns out 8388 rubles. This is the money that a person is entitled to as compensation for unused vacation. Personal income tax will be withheld from the same amount - 13%.

The final payment to the employee should not be delayed by the boss. It must be done on time, regardless of which of the grounds specified in the Labor Code the citizen is dismissed from.

Rules for calculation upon termination of an employment contract

All payments due to the employee must be received on the final day of his work at this enterprise. In the event that the manager does not make the final payment at the specified time, he will bear administrative responsibility. In this case, the citizen must receive not only compensatory payments, but also the salary itself during work.

For each day of delay in payments, the manager pays a fine in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation. In addition, if the amount of the final settlement when paying severance pay is more than three times the employee’s earnings, then personal income tax in the amount of 13% will have to be paid on this monetary allowance. Tax is also withheld when paying vacation pay.

Care on your own initiative

The final payment upon dismissal of one's own free will must be made to the person on the last day of his employment duties, which includes:

• salary for the entire period of work;
• compensation for vacation or vacations if a person worked without annual rest for several years in a row.

An important fact should be noted here. If the vacation was used by a citizen, but the period of work was not fully completed, accordingly, upon termination of the contract at the request of the latter, the employer has the right to withhold previously paid funds from his money.

When it is impossible to make deductions for unworked vacation

In a number of cases provided for by law, deduction for vacation upon dismissal is not made. The following situations fall into this category:

1. Liquidation of the employer's organization.
2. Staff reduction.
3. Termination of an employment contract when a citizen is unable to perform duties due to illness.
4. Conscription into the army.
5. With a complete loss of previous working ability.
6. Reinstatement to previous position by court decision.
7. Termination of an employment contract upon the occurrence of circumstances beyond the control of the parties.

In any of the above cases of dismissal of a person, the boss must make a final settlement with him on the last day of his work and pay all funds due by law. Otherwise, the person has every right to defend his interests in the prosecutor’s office and the judiciary.

its calculation and size

In a situation where the employer initiates the termination of the employment relationship, the citizen has the right in a number of cases to receive compensatory benefits. It is also called a day off. In this case, the amount of this payment can be in the amount of two weeks or one month’s earnings. Cash allowance in the amount of the employee’s salary for two weeks can be in the following cases:

1. If a person’s health condition does not allow him to continue working in this organization. Or when he refuses to move to another position, and the boss has nothing more to offer him.
2. In case of complete loss of a citizen’s ability to work.
3. If the terms of the employment contract change.
4. When a person is called up for military or alternative service.

In the amount of monthly earnings, the benefit is paid:

• upon termination of an employment contract due to layoffs;
• in case of liquidation of the organization.

Other circumstances may also be established when such benefits are issued to an employee. However, payment of the final payment upon dismissal, including compensatory benefits, must be made on the last day of the person’s work activity. In addition, when calculating this type of compensation, it is necessary to take into account the payment of taxes if the amount of monetary compensation exceeds the employee’s salary three times. Otherwise, personal income tax is not paid.

Example of final calculation

An employee who terminates his employment relationship with a specific organization has the right to receive earned money and other compensation if the grounds for dismissal allow this. Consider the following example.

Employee Ivanov leaves the company of his own free will. Naturally, in this case he does not receive severance pay and does not receive average earnings for the third month before employment. But he has the right to payment of earned money for the entire time and compensation for vacation. The final payment to the employee in this situation will be made according to the T-61 form. to be filled in upon termination of the employment relationship.

Ivanov wrote a statement in April and resigned on the 19th. Accordingly, he should be calculated and given remuneration for work from 1 to 18 inclusive. If his average salary is 20,000/22 working days (this is the number of them in April), the resulting amount per day is 909.09 rubles. It is multiplied by the number of days worked in the month of dismissal - 18. As a result, the amount comes out to 16363.22 - Ivanov’s salary for April. In addition, the organization first pays tax on this money, and then accountants issue the final payment to the citizen.

Since the person quits in April, but he only has scheduled vacation in June, and he did not use it, he is entitled to compensation. The calculation occurs in the following order:

Ivanov worked this year for 3 months and 18 days. But the count will be 4 full. Rounding to tenths and hundredths is not done, so the amount is calculated from 28 days of vacation/12 months a year = 2.33 days. After which 2.33*4 (months worked)=9.32 days. And only then 9.32*909.9 (daily earnings) = 8480.26 (vacation compensation).

Thus, the final payment is made from all amounts due to the employee. But in this case, this is only a salary and cash payment for vacation, because Ivanov quits on his own initiative. If he were laid off or fired due to liquidation, he would also receive severance pay, which is also paid with all funds (based on Article 140 of the Labor Code of the Russian Federation).

Arbitrage practice

Currently, many former employees are turning to court to protect their rights, which they believe were violated by the manager upon dismissal. Especially if the issue concerns cash payments that were not issued to the employee in a timely manner and in the required amount. In practice, there are even cases when employers, making payments to a citizen, made deductions from his income for vacation that was previously used. And this ultimately led to lawsuits and complaints.

Let's give a colorful example from practice. The employee was dismissed from the organization due to staff reduction. The boss paid him in full, but when paying the money, he made deductions for the vacation, which the citizen had already used in June. In addition, the dismissal procedure for layoffs was violated by the employer in that he did not offer available vacancies to the employee. But at the same time, he accepted other persons into vacant positions, which is prohibited when carrying out measures for dismissal on such grounds. Having counted his earned money and discovered violations of labor legislation, the former employee applied to the judicial authority with an application for reinstatement at work and payment for forced absenteeism, which occurred through the fault of his boss.

Having considered all the materials of the case, the court came to the conclusion: the employer carried out the layoff procedure without complying with the labor code. In addition, he made a completely incorrect calculation with the employee. He simply failed to make the final payment upon dismissal (2016). He grossly violated the norms of the labor code, in connection with which the citizen was reinstated in his position, and the employer paid him moral damages and compensation for the vacation used, which he had previously illegally withheld. That is why managers need to be especially careful when paying employees and avoid violations on their part, so as not to later prove their case in the courts.

Sashka Bukashka

Payment of wages upon dismissal is the obligation of any employer and the legal right of an employee, regardless of the reasons and conditions of dismissal. In this article we will tell you what payments are guaranteed to individuals upon dismissal. We will also determine within what time frame the employer is obliged to pay the dismissed employees, and what to do if the payment is delayed.

Payment of wages and compensation upon dismissal - what is required

First of all, let us determine that any citizen who decides to terminate his employment can count on payment of a settlement upon dismissal. What is included in this calculation:

1. The resigning employee’s salary for days worked (hours, shifts, units of products, etc.) in the month in which the dismissal date fell. Moreover, payment of wages upon dismissal is made taking into account incentives, compensation and other additional payments established by the regulations on wages in the organization. Also, the advance payment already transferred will be deducted from the due amount.
2. Compensation for regular labor leave unused in the billing period. Such an obligation of the employer is regulated in. Moreover, the employer does not have the right to refuse to transfer guaranteed compensation, for example, when terminating an employment contract for absenteeism or violation of labor discipline. However, if an employee took a vacation in advance, he will have to return the overpayment for vacations.
3. Benefits and financial assistance. Transfers of these amounts are made in special cases. For example, if a resigning employee falls ill while working, he is required to pay him a sick leave benefit. Either the employee is entitled to severance pay upon dismissal by agreement of the parties or, or financial assistance upon retirement.
4. Other debts attributed to the employer. For example, an employer has a debt for overspending when sending an employee on a business trip, a debt for compensation for the use of a subordinate’s personal property, or for settlements with accountable persons. However, if similar debts are registered with the resigning employee, the debts will have to be repaid.

IMPORTANT! When terminating an employment agreement at the initiative of the employer, it is unacceptable to reduce the guaranteed amounts upon dismissal. Such actions by the employer are illegal! The exception is the deduction of amounts with the written consent of the employee for damage to property, arrears on advances, vacations, and settlements with accountable persons.

Compensation for unused vacation upon dismissal: calculation

Compensation for unused vacation must be paid to the departing employee, regardless of his length of service. The main criterion is that the person actually has this unused vacation (that is, he did not take off all the days allotted to him).

Calculate the amount of compensation for unused vacation upon dismissal:

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 dangerous working conditions) 44 (work in local areas equivalent to the Far North) 52 (work in the Far North) other (enter the number days manually)

Add periods not included in the vacation period (see help in the text):

Add period

How many calendar days of vacation have you been granted in all previous years?

Write your average daily earnings (see help in the text):

Severance pay

According to the law, severance pay is only due to those who are fired:

• on staff reduction;
• upon liquidation of the organization.

As a general rule, the amount of such benefit is 1 month’s salary. But if a dismissed employee registered with the employment center within 2 weeks and was not employed, then he is entitled to another average monthly salary. And if he cannot find a job within 2 months from the date of dismissal, then another (third) one.

Deadlines for payment of wages upon dismissal

Article 140 of the Labor Code of the Russian Federation establishes that employers are obliged to pay resigning employees on their last working day. There are no exceptions to this rule.

However, there are situations in which the employee does not show up on the day of dismissal for payment (for example, wages are paid in cash from the cash register). In this case, the employer is obliged to pay the resigned subordinate on the day of his application.

If the employer has violated these conditions, the employee should contact the labor inspectorate. Penalties are provided for violation of the norms, and also guarantees to the dismissed person. Such compensation is calculated for each day of delay and is equal to 1/300 of the established amount.