Payments upon dismissal of one's own free will on an example from practice. What payments are due upon dismissal

Among the different types of benefits, there is the so-called severance pay upon dismissal. This monetary equivalent is not paid to everyone who decided to quit, but only to those who are forced to do so due to circumstances.

severance pay

Article 178 of the Labor Code of the Russian Federation informs in which cases, upon termination of employment, an employee is entitled to monetary compensation. Severance pay upon dismissal is a sum of money to the person who received the calculation, assigned in accordance with the requirements of the law in the amount of the average monthly earnings or earnings for 2 weeks. The allowance in large amounts is assigned in certain cases regulated by the code (Article 181 of the Labor Code of the Russian Federation).

The head also has the right to issue a local order within his organization on the payment of material support to the resigning person.

In what cases is severance pay paid?

Severance pay upon dismissal is assigned if the employment contract is canceled for the following reasons:

1. liquidation of the organization;
2. reduction in the number or staff of employees of the enterprise;
3. call for military or alternative service;
4. reinstatement by the court of an employee who previously held it;
5. refusal of another position (for example, in the event of disability);
6. unwillingness of the employee to move to another locality;
7. registration of an employment contract with errors made by the employer;
8. amendment of the contract;
9. dismissal of the director of the company by order of the founders;
10. change of ownership and termination of the contract with the head, other leading specialists.

In case of liquidation of the organization, reduction of the number and staff (does not apply to temporary workers), the allowance is assigned in the amount of average monthly salary. The average monthly salary is also paid to those hired under an employment contract drawn up with violations due to the fault of the management. Moreover, these conditions do not allow you to move to another job within the same enterprise or continue to work.

In all other cases, a two-week severance pay is paid upon dismissal.

Cases when a dismissed person loses benefits:

1. the employee violated the labor schedule (drunkenness, etc.);
2. the reduction procedure coincided with the probationary period;
3. dismissal at will or by agreement of the parties;
4. the employment contract was concluded for 1-2 months.

Upon dismissal for any of the above reasons, he receives all other payments prescribed by law, including wages, vacation pay (if the vacation was not used), and so on. The calculation takes place on the next day after the application.

What determines and how the amount of the allowance is calculated

The amount of severance pay upon dismissal depends on the average earnings for the billing period. The settlement period in this case is the year preceding the dismissal.

The amount of compensation is calculated according to the formula:

Compensation = average salary x work shifts in the pay period (month).

The accrual of severance pay upon dismissal is linked to the accepted rules:

1. compensation is accrued only for working days of the period for which it is issued (30 or 14 days);
2. sick leave, vacation pay, benefits, etc. cannot be included in the total annual earnings;
3. the rules for calculating the amount of benefits do not depend on the type of remuneration;
4. the month of dismissal is included in the billing period, when the day of dismissal coincides with the last working day of the month; if the dismissal does not fall on the final day of the month, it does not fall into the billing period.

The subvention is issued on the day of dismissal by a written order (order) of the head, issued earlier to justify the reason for dismissal from work.

No additional order is required.

If the day of dismissal is a working day, settlements, together with severance pay, are paid on the next. If the employee did not work on the day of dismissal, the settlement must be received no later than the day following the day the employee made a claim for payment of money (Article 140 of the Labor Code of the Russian Federation).

Payment of severance pay upon liquidation or reduction

Labor Code Art. 178 secured the right for those laid off to eliminate or reduce the average monthly earnings during the search for a new position. How does it work in practice.

A dismissed person due to reduction (liquidation) may not immediately find a suitable position, therefore he is entitled to financial support for the time of finding a job, but no more than two months from the date of dismissal.

The video below will tell you about the payment of benefits upon dismissal due to staff reduction:

If the employee has not found a job after a month, he brings a statement and a work book (copy) to the former employer as confirmation of the lack of work. These documents are enough to receive the second (he received the first on the day of dismissal) payment in the amount of the average monthly salary.

It is also paid after the second month after the dismissal, if the work is not found. If employment occurs before the end of the second or subsequent months after the dismissal, then the amount is adjusted in proportion to the days of unemployment of the paid month.

This is done on the basis of an application and a copy of the entry from the work book made by the new employer. It is not necessary to receive a payment immediately after the device to a new place. The right is reserved for the reduced one for a year.

If the employee did not find a job 3 months after the dismissal, he also provides a written application, a copy of the work book without a job record and a certificate with where the dismissed person should have registered as unemployed in the first 2 weeks after dismissal. If he did not do this, there will be no payment for the third month.

For workers in remote areas, the payment of benefits is provided for six months after dismissal, subject to timely registration at the labor exchange.

Benefit upon dismissal by agreement of the parties

The procedure for terminating an employment contract is regulated by Art. 78 of the Labor Code of the Russian Federation. She explains that such termination can be made at any time if both parties do not object. They sign an agreement to terminate the contract, which is a legal confirmation of the legality of the employee's termination of employment.

At the same time, the employer must indicate which employee will receive payments and compensation upon dismissal by agreement of the parties (if receipt is prescribed in a local regulatory act), as well as the date they were received.

The Labor Code does not regulate this issue. Severance pay upon dismissal by agreement of the parties is accrued on a voluntary basis and depending on the capabilities of the employer. By agreement of the parties, a worker of any category may be dismissed, including pregnant women, persons with children, the disabled, etc.

To quit on this basis, it is enough to write a statement (with the employee's own hand) and draw up an agreement (Article 77 of the Labor Code of the Russian Federation). The calculation is made in the usual way.

Severance pay is legally allowed not to be paid. The employer has the right to make a payment on his own initiative, or refuse. There will be no penalties for non-payment.

Settlement must be paid on the day of dismissal. If the employer decided to provide financial support to the resigned and assigned a severance pay, the term for its payment is indicated in the text of the previously signed agreement.

Voluntary redundancy allowance

An employee may at any time refuse to fulfill an employment contract, that is, quit of his own free will (Article 80 of the Labor Code of the Russian Federation). By law, severance pay for dismissal of one's own free will is not required. The employee is entitled to only estimated payments accrued according to the general rule. This is a salary for the days worked before dismissal, vacation pay, sick leave allowance, if any.

Sick leave after retirement

An employee who has ceased work in the organization has the right to pay sick leave after dismissal. The legislator fixed: in case of disability, within a period not later than 30 days from the date of dismissal, the employer pays a sick leave (FZ-No. 255).

All questions of interest can be asked in the comments to the article.

When breaking off labor relations with an employee, the employer is obliged to calculate and pay him compensation for the remaining unused vacation days, as well as make the final payment upon dismissal, that is, pay wages for the period of the month that the employee worked. These calculations must be made in a certain order. In addition, in some cases, when terminating an employment contract, an employee is assigned additional payments. How to make a calculation upon dismissal will be discussed in our article.

Calculation upon dismissal, depending on the grounds for termination of the employment contract

The above-mentioned compensation for unused vacation and the calculation of wages upon dismissal based on the results of the worked part of the month are standard payments due to the employee, regardless of the grounds for terminating the employment agreement.

Recall that in most situations, for each month worked, an employee is credited with 2.33 vacation days. In total, there are 28 days of rest per year. In some industries, based on the specifics of the activity, or on the basis of the provisions of the collective agreement in a particular organization, the number of vacation days increases. It is impossible to replace vacation days with monetary compensation while the employee is working. But if for some reason he did not take a vacation and at the same time quits, then the employer is obliged to pay him all the remaining unspent days.

If the dismissal occurs at the initiative of the employee on the basis of clause 3 of part one of Article 77 of the Labor Code, then upon dismissal, the employee must receive a calculation for the time worked and compensation for unused vacation. These are employee benefits. True, the collective agreement or other local regulations in the organization, again, may provide for additional compensation for various types of dismissals. Of course, this may not be a particular and not the most common case, however, if such settlements are provided for when dismissing, the employer is obliged to make them in favor of the employee. For example, it can be a one-time financial assistance upon dismissal of one's own free will upon retirement.

Another reason for terminating an employment relationship is the agreement of the parties. A similar option is provided for in paragraph 1 of part 1 of article 77 of the Labor Code.

In this case, in addition to the standard payments to the employee upon dismissal, he is entitled to an additional amount determined by a joint decision with the employer. Also, the amount of such an additional payment may be influenced by local acts adopted by the organization.

Termination benefits: severance pay

The calculation of an employee upon dismissal may include another element of the payment - severance pay. Its size, depending on the situation, may correspond to the average monthly earnings of the dismissed employee or the average two-week earnings.

Thus, payments upon dismissal at the initiative of the employer include an average monthly allowance for an employee with whom labor relations are terminated due to the liquidation or reduction of staff. The settlement money upon dismissal in this case also includes the average monthly earnings saved for the employee for a period of up to two months (and in some situations, up to three months) for the period of employment. True, at the same time, it is reduced by the amount of the paid severance pay.

A severance pay in the amount of two weeks of earnings is paid to those employees who refused to be transferred to work in another locality in connection with the relocation of the employer (clause 9, part 1, article 77 of the Labor Code of the Russian Federation), or from transferring to another job for health reasons (clause 8, part 1, article 77 of the Labor Code of the Russian Federation), or were declared incapable of work in accordance with a medical report (clause 5, part 1, article 83 of the Labor Code of the Russian Federation). A similar calculation procedure upon dismissal with the payment of a severance pay of the same amount applies to employees called up for military service or sent to alternative civilian service, employees who rejected a job offer due to changes in the terms of an employment agreement related to new organizational or technological working conditions (clause 7, part 1, article 77 of the Labor Code of the Russian Federation), as well as in a number of other situations.

Terms of full payment upon dismissal

Article 140 of the Labor Code contains a rule that payments in the framework of the calculation upon dismissal must be made before the last working day of the employee, inclusive.

If for some reason the employee was not present at the workplace on the last day, and physically could not receive the amounts due to him upon dismissal, then the employer is obliged to issue them at the first request of the resigned employee. The delay in the calculation of salary upon dismissal, as well as other amounts due to the employee, leads to the need to accrue additional compensation to the employee for the amount of the debt. It is calculated as one hundred and fiftieth of the current key rate for each day of delay from the amount of debt.

Retirement bonus

Some organizations practice the use of a calculation scheme, according to which an employee is entitled to a certain salary and bonus based on the results of the month worked and, for example, the amount of work performed during it. As a rule, the evaluation of the effectiveness of work in such cases is evaluated already at the end of the month. How to calculate an employee upon dismissal in the middle of the month, if the company has exactly this procedure for calculating the workforce?

Of course, the procedure for dismissal and the calculation of ordinary payments within the framework of the established salary, as well as compensation provided for by the Labor Code, must be completed on the last working day of the employee. However, the bonus part can be paid on the day when it is established by the internal regulations of the organization, that is, when the billing month is closed and the results of the work performed can be evaluated. Simply put, the requirements of Article 140 of the Labor Code do not apply to how the calculation takes place upon dismissal in the bonus part of payments to the departing employee.

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

wages for actual hours worked in the current month;

Compensation for unused vacation (all vacation days in 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 presentation of the last demand for the final settlement.

Basic payouts

So, let's talk in more detail about what payments the employer makes upon dismissal. The first is wages for the hours actually worked during the month when the employee quit. It includes all available allowances, bonuses and surcharges.

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 may submit a written application that unused vacations can be granted to him along with the dismissal. This does not apply to cases of dismissal on the basis of 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 leave for the current year was provided to the employee as an advance payment, and the year at the time of dismissal did not fully work out, then the amount of average earnings for unworked days is subject to deduction. However, hold is not performed in the following situations:

Termination of activities or liquidation;

reduction in the number of employees;

non-compliance of the employee with the position or duties due to health reasons;

change of ownership of the company's property;

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

reinstatement of an employee at the workplace, who previously performed his duties by decision of the court or the state labor inspectorate;

recognition of the employee as completely incapacitated;

the death of an employer or employee;

The occurrence of extraordinary circumstances that prevent the continuation of the employment relationship.

With regard to severance pay, upon dismissal, the average monthly earnings are paid. Also, for the period of employment, the employee retains the right to receive an average monthly salary, but not more than 2 months from the date of dismissal.

Severance pay is paid 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 wage, it can be saved for a dismissed employee only if he does not get a new job. So, if you want to be paid your 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 submit a work book.

This information will help you to receive all payments upon termination.

Upon termination of an employment relationship, an organization or enterprise must calculate the salary upon dismissal with an employee. In connection with the dismissal, employees are paid wages for the days worked in the month of dismissal and compensation payments for unused vacation. Depending on the reasons for leaving, the employee may also be given severance pay or compensation payments due to the termination of the employment relationship, as well as retain the average monthly salary.

The basis for formalizing the dismissal of an employee, including the basis for calculating all payments that he is entitled to by law, is the Order to terminate the employment contract with the employee. This order is issued in a certain form of maintaining personnel records. It is approved by the State Statistics Committee (f. T-8, T-8a). As a general rule, upon dismissal, an employee is paid:

1. Salary for working days that were actually worked out in the month of dismissal, for example, when an employee is dismissed at his own request.

2. Compensatory payments for unused vacation.

3. Severance pay (in cases established by labor legislation).

- work book;

- at the written request of the employee, copies of documents related to work are issued: copies of orders for admission, dismissal, relocation; salary certificates, accrued and actually paid insurance premiums, etc.

An example of the calculation of wages upon dismissal

On November 19, 2015, Sergey Nikolaevich Fedorov, an employee, resigned due to military conscription. Calculate final salary.

To begin with, we calculate wages for an incomplete month:

Based on the fact that the monthly salary is 25 thousand rubles. , then

Salary for November \u003d monthly salary / number of work shifts x number of shifts worked

ZP for November = 25,000.00 / 20x13 = 16,250.00 rubles.

At the time of dismissal, Fedorov S.N. two weeks of unused vacation, so he is entitled to compensation for unused vacation.

Vacation compensation (KO) \u003d RFP for 12 months / (12 * 29.43) * number of vacation days

KO \u003d 25000.00 / 29.43x14 \u003d 11945.39 rubles.

Since Fedorov S.N. is drafted into the army, then according to the Labor Code of the Russian Federation, he is entitled to two weeks of severance pay.

Severance pay (SP) = average daily earnings for the year x 10 work shifts
Average daily earnings: salary for the previous 12 months / 12 / 29.3
25000 / 29.3 \u003d 853.24 rubles.

VP \u003d 853.24 x 10 \u003d 8532.40 rubles.

This severance pay is not subject to income tax.

Final settlement \u003d RFP + KO + VP - (ZP + KO)x13%

On the day of dismissal Fedorov S.N. will receive the final settlement in the amount of 35448.85 rubles.

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