Dismissal payments. What compensation is due to an employee upon dismissal of his own free will and at the initiative of the employer

In our country, the most popular method for stopping labor obligations (agreements) has been and remains dismissal on one's own initiative. A prerequisite for such a decision is the prior warning of the employer 14 days before the scheduled date. At the same time, it is important for the employee to get his hands on all the payments due to him. Moreover, in one payment and in full.

About what compensation a resigning person can count on and how long he will have to wait for it will be discussed further.

A little about the timing of the payment upon dismissal.

The Labor Code of the Russian Federation clearly regulates the deadline for full settlement upon dismissal, which states that the payment of all due compensation must be made directly on the day of dismissal. And the day of dismissal traditionally coincides with the last working day of the person in the position. In the event that you are going to go on vacation, and from there immediately go on leave, the payment is made on the last working day.

Sometimes a lot of uncertainty arises, embodied in questions about how to get the due compensation for dismissal during sick leave or vacation. Indeed, in such a situation, a person is not present at the workplace on his, so to speak, his last day. And, accordingly, the employer will not physically be able to fire him according to all the rules. Such cases take place when the application was submitted after the employee was on sick leave or on vacation. Such issues are regulated by Article 140 of the Labor Code of the Russian Federation. It says that when the dismissed person was not at work on the appointed last working day, the calculation should be carried out the next day after they have submitted a written request to the employer about their desire to receive the due payments.

What payments can a dismissed person expect?

In the traditional format, upon dismissal of his own free will, the employee is entitled to the following payments:

• salary for the worked time period in fact, including for the last working day;
• compensation for vacation that has not yet been used.

As for the severance pay, it is not officially provided for by the legislative framework. This kind of compensation can only be paid when it has been established by an employment or collective agreement.
The calculation of earnings is carried out by the accounting department for the actually worked period. For this purpose, the salary rate, with all the required coefficients and allowances, is divided by the number of working days in the current month, and the amount received is multiplied by the number of days worked.

Conditions for calculating compensation for vacation not worked.

When an employee did not take advantage of his due leave before dismissal, he is entitled to compensation for it. It is calculated as follows:

1. If 11 months have passed since the previous vacation, then the amount of compensation payments will be issued in full. In addition, payments should be made for unused vacations in previous years.
2. In the case when there is a long period of time before the leave before dismissal, compensation is calculated taking into account the duration of the worker's vacation and his average daily earnings:

a) the duration of the vacation includes the number of paid vacations:

• main - 28 days;
• additional - for harm, etc.

b) worked period - in accordance with the Rules on Additional and Regular Leaves, which have been guided since 1930, in the course of calculating the due vacations, the number of days worked is rounded up to full months:

• if an employee has worked only 15 calendar days in a flow month, he is not counted;
• if more than 15 days, then the month is rounded to full.

c) the average daily earnings are determined by the size of the wages accrued for the whole year, which is divided by 12 months and by the average number of days in a month (29.3).

Who can qualify for severance pay?

Along with the dismissal of their own free will, one cannot dream of paying severance pay, since only those workers who are forced to lose their jobs can rely on them. However, there are exceptions under which an employee can obtain severance pay. This:

• compulsory military service in the army;
• disability;
• refusal to change the place of residence at the request of the employer, justified by the relocation of the company to another area;
• unwillingness to continue working subject to a change in the employment agreement.

The employer is obliged to make all payments to the employee upon dismissal of his own free will on the day of dismissal.

Dismissal of one's own free will is the most common ground for terminating an employment contract. This is the less troublesome and most comfortable base.
The employee has the right to resign of his own free will at any time, but after notifying the employer 2 weeks in advance. If the employee is on probation, then it is enough to notify the employer 3 calendar days in advance.

The employer's notification of the employee's desire to terminate the employment relationship is the employee's statement with a request to dismiss him of his own free will. In the application, it is necessary to indicate the number from which the employee will no longer come to work.
The wording of the statement should look like this: "I ask you to dismiss me of my own free will on April 15th." That is, on April 15, this employee no longer goes to work, and his last working day is April 14. The employee must submit an application to the employer no later than April 1.

Based on this statement, the employer issues a dismissal order, and makes a full payment to the employee.

What payments are due upon dismissal of their own free will

The employer is obliged to make full payments to the employee on the day of dismissal. As a rule, the day of dismissal and the last working day are the same. Therefore, all payments are made on the last working day.
If these dates do not coincide, then payments upon dismissal of their own free will are made at the written request of the employee on the next day after the receipt of this request.

The employer is obliged to pay the employee:

• wages for the hours actually worked, including the last working day;
• compensation for unused vacation;
• severance pay, if provided for by a collective or labor agreement.

Wages are paid for the actual working days worked in the month of dismissal. For example, an employee quits on May 25, 2018. His salary is 42,400 rubles. According to the production calendar, there are 19 working days in May. The employee worked for 14 working days. His salary for May will be equal to 42,400 / 19 * 14 = 31,242.10 rubles.

Compensation for unused vacation is paid along with wages. For example, on the day of dismissal, the employee was not on vacation for 6 months and 17 days. As a rule, it is necessary to round up to full months. Since the number of days is more than half a month, then you need to round up. On the day of dismissal, the employee had not been on vacation for 7 months. Hence, he has 28/12 * 7 = 16 vacation days.
His monthly salary is 45,600 rubles. This employee will receive compensation for unused vacation in the amount of 45 600/29, 3 * 16 = 24 901 rubles.

Payment of compensation upon dismissal of one's own free will is made only if it is specified in the collective or labor agreement with the employee. The amount of such an allowance is set, as a rule, by the employer and is not discussed with the employee when concluding an employment contract.
If the provision on severance pay is enshrined in a collective agreement, then the amount is discussed at a meeting of representatives of the employer and employees, and is achieved by agreement.

An employee can quit without working 2 weeks, if he agrees with the employer. If such an agreement is reached, the employee may not go to work the very next working day. In this case, all payments must be made today.

Firing is not a pleasant moment. And regardless of how a person leaves, of his own free will, for layoffs or for another reason, it is very important for him to receive the payments due to him upon dismissal. Unfortunately, not all people know what payments should be provided upon dismissal to them. Although, in fact, workers in this regard are quite protected.

Employee benefits upon dismissal

If you decide to quit your job of your own free will, you must notify the employer two weeks before leaving. At the same time, by mutual agreement, the employment contract can be terminated early. On the day of termination, you must be paid wages for hours worked and monetary compensation for unused vacations. The salary for the last month is calculated in proportion to the number of days worked. This may include interest and various bonuses stipulated by the contract. Usually, vacation pay causes problems for workers. Although it is not difficult to count them, unscrupulous employers often try to manipulate by means of unused vacation, unreasonably lowering the employee's benefits upon dismissal due to the law. Therefore, you need to follow this and count everything yourself.

Leave payments upon termination of employment are calculated in proportion to the amount of time worked in the current year. If you are entitled to 30 vacation days for a year, then for the six months you have worked you should receive 15 vacation days. If in the previous year you did not go on vacation, then you must also be compensated for it. According to the law, the employer has no right not to provide the employee with leave for two years. Therefore, if it turns out that you have not been on vacation for more than two years, the employer will be responsible for this. An exception may be that you personally did not need a vacation, and in this case, the company should keep all your applications for the postponement of vacations. Upon dismissal, all of them must be compensated to you.

If, on the contrary, you like to relax, and have already received vacation in advance this year, but have not worked for a year, then part of the vacation pay will be deducted from your salary. The deduction is also carried out in proportion to the months that have not been worked out in the year. If you haven't finished working for half a year, then if you please return half of the vacation pay. If you have unused vacation, then you can receive monetary compensation for it or get the opportunity to go on vacation before dismissal. Leave is given to you upon the appropriate application and at the request of the employer. If the employer agrees to give you a vacation, in this case, payment of the settlement upon dismissal will be made on the last day of work, and after the vacation you may not return to work. It is also important to say about sick leave during such a vacation. If after dismissal, while on vacation, you fall ill, the employer must pay you sick leave. When you leave on your own, you cannot count on additional benefits and compensation. But what you are entitled to by law, the employer is obliged to pay.

Layoff payments on redundancy

When leaving on redundancy, you have the right to receive not only a salary and vacation pay, but also various benefits. The termination compensation payment includes severance pay equal to your average monthly salary. Perhaps you will receive a larger amount if it is provided for in a collective or labor agreement. This benefit is not subject to personal income tax in the normal amount. If you receive a higher allowance, the tax will still be deducted from it.

Also, payments upon dismissal for redundancy assume the preservation of the average monthly earnings in the next two months after dismissal. This average earnings also includes the previous severance pay. If you contact the city employment service within two weeks from the date of dismissal, then if you are unable to find a job within two months, your average earnings will be kept for you in the third month.

Your employer must give you two months prior notice of the layoff and your resignation. Moreover, if you want to leave early, without waiting for the expiration of a two-month period, then you must be paid compensation in the amount of the average wage for the days that have not been worked. This compensation is also not subject to personal income tax.

Thus, at the time of dismissal, you are required to pay the remainder of your salary, monetary compensation for unused vacations, compensation for unworked days, as well as severance pay. All this you get regardless of your subsequent employment. But the payment of funds to maintain the average salary in the next two months will occur only if you cannot get a job at that time. That is, if you expect to receive funds in the second month after your dismissal, be prepared to show your work book without new entries.

Another important point, if you fall ill within a month after your dismissal, the employer is obliged to pay a certificate of temporary disability. The same applies to maternity leave. If the company is liquidated, then the employees are entitled to similar conditions for dismissal and corresponding payments. Now you clearly know what payments are due upon dismissal to you in various situations. Do not forget that all workers' rights are protected by the Labor Code of the Russian Federation. And all actions of the employer must comply with the law.

If an employee writes a letter of resignation of his own free will, the employer has no choice but to fulfill his requirements, and dismiss according to the law - to comply with the terms, order and hand over everything.

This is the handing over to the employee on the last day of work of all relying funds, which he claims according to the law.

The total amount of payments handed out to the employee is made up of several components - salary and compensation. Severance pay in this case is not provided, since its payment occurs only at the initiative of the employer and without dismissal under the article.

As for compensation, it is due only for unclaimed vacation days, while it should be remembered that if the employee did not go on vacation for several years in a row, the period for the last 2 years is subject to compensation, and the remaining unclaimed amounts will be burned out.

Important: payments must be made no later than the last working day, that is, the day the employee is fired.

How the dismissal of an employee is carried out of his own free will and what payments he is entitled to - see here:

The legislative framework

The dismissal of his own free will is indicated in Art. 77 of the Labor Code of the Russian Federation for any motivation.

Art. 80 of the Labor Code of the Russian Federation makes it possible for a hurried employee to rehabilitate and withdraw the application within 2 weeks, while in accordance with Art. 64 of the Labor Code of the Russian Federation in the case of an existing candidate for this position, the request to withdraw the application will be rejected.

According to Art. 127 of the Labor Code of the Russian Federation, an employee has the right to leave before dismissal instead of compensation, after which dismissal will occur without work. Important: the full calculation is carried out in accordance with Art. 140 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation Article 140. Terms of calculation upon dismissal

Upon termination of the employment contract, the payment of all amounts due to the employee from the employer is made on the day of the employee's dismissal. 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 dismissal employee submits a payment request.
In the event of a dispute over the amount due to the employee upon dismissal, the employer is obliged to pay the amount not contested by him within the period specified in this article.

Dismissal registration of your own free will

Such dismissal, when an employee takes the initiative and intends to leave, consists of several stages, each of which should be strictly observed by both parties:

1. Solution. If an employee made a decision to dismiss him, he does not need to explain anything to the employer and even give reasons, it is just necessary to write. It is drawn up in free form, indicating the main data relevant to the case, namely the date of dismissal, the details of the organization, the employer's name and own.

The application should be submitted to the personnel department or directly to the management, if the employee doubts the consideration of the appeal, the document should be endorsed by the secretary or sent in a valuable letter with an inventory.

1. Term 2 weeks. This period is called differently, according to the law, there is no working period, however, it is necessary to submit an application 2 weeks before dismissal, this time is necessary to replace the employee.

In this case, the likelihood of withdrawing the application should be taken into account, for example, the employee's personal circumstances changed or he was on an emotional upsurge when he wrote the application. you will learn how to draw up a letter of resignation by agreement of the parties.

Important: the possibility of revocation really exists within a period of 2 weeks, taking into account the following nuances:

• If vacation was envisaged before dismissal, then the decision to revoke must be made before the start of the vacation;
• If there is already a candidate for this position, the revocation may be refused, since according to the law it is unacceptable to refuse a new employee.

The revocation has the same form as the letter of resignation. At the same time, working off is not necessary, since the parties not only can amicably agree on parting without her, but there are also categories of persons who are not entitled to working out.

1. Preparing to leave. If the decision is made firm, then the manager issues an order, fills out the payroll, the employee's personal card, labor card, and on the day of dismissal gives everything in his hands along with the calculation. The calculation includes salary and compensation, and there may also be other payments provided for by internal regulations.

As you can see, the period of dismissal can be different from one day to several weeks, or even a month, if the employee initially decided to take a break.

There are several more articles that are permissible for use upon dismissal, namely, if an employee is forcibly forced to leave of his own free will, when the employer's initiative is present, then Art. 391, 394, 395 of the Labor Code of the Russian Federation, while according to Art. 393 of the Labor Code of the Russian Federation, all payments for legal costs are made by the employer.

Labor Code of the Russian Federation Article 393. Exemption of employees from court costs

When applying to the court with a claim for claims arising from labor relations, including for non-fulfillment or improper fulfillment of the terms of an employment contract, which are of a civil nature, employees are exempted from payment of duties and court costs.

Dismissal during probation

As a matter of fact, this case is no different from a standard dismissal, only the period required for a warning is 3 days.

This suggests that the dismissal and receipt of payments with documents must be completed within a three-day period.

With regard to money, the employee has the right to the same compensation as others, he is entitled to the payment of the money earned and the accrual of compensation for the vacation if he managed to work more than 15 days.

What funds are due to an employee

When leaving, an employee has the right to receive:

• Salary for those days of the last month that were worked;
• He also has the right to compensation for vacation, but only recently, with the accumulation of several unused periods, it will not be possible to receive compensation for all;
• Among other things, if an employee had the misfortune to get sick before the day of dismissal, then he has the right to sick leave payment even after dismissal within 30 calendar days. What are the rules for conducting - read in the publication at the link.

Calculation examples

When an employee has not used a single day of vacation in the last working year, he is entitled to receive compensation in full.

The calculation should take into account the number of unused days and how many, in general, the employee is entitled to in a given year.

Find out what payments are due upon dismissal on staff reductions.

With a full year of work, the employee has the right to vacation in the amount of 28 days, from which it follows 2 389, 08 * 28 = 66 894, 24 rubles he is entitled to compensation, this is if the vacation is standard and not extended and there are no additional charges.

In addition, this employee has the right to receive a salary, presumably he worked 16 days in the last month of the prescribed, then 16 * 3 333, 33 = 53 333, 28 rubles of salary for the last days are needed.

It follows that, without any additional payments and hospital workers, the employee has the right to receive 66 694, 24 + 53 333, 28 = 120 057, 52 rubles when calculating.

3,333.33 rubles is the average daily earnings, based on the following calculation 70,000 / 21.

Payment terms

This paragraph is due to the articles of the Labor Code, the payment is mandatory on the day of dismissal, if the employee is not at the enterprise on that day, it is permissible to make it the next day.

In case of dissatisfaction of an employee on certain points, it is necessary to pay those funds with respect to which he agrees, and those contested upon reaching a compromise or by a court decision, which is not the best option for resolving the issue.

Conclusion

Receiving full termination payments is a right, not an employee's opportunity, and must be respected by both parties.

What payments are due to employees upon dismissal, you will learn in this video: