Sashka Bukashka

Everything has its logical conclusion, and cooperation with the employer even more so. You always want to part on a positive wave and in good relations, and for this, accurate and timely payment upon dismissal is important. Payment terms, their types and features - we will analyze everything in order.

For each of these cases, let's consider what the employee should receive and how to calculate the payout upon dismissal.

Calculation when leaving at your own request

If a person leaves his job on his own, then in this case, upon dismissal, when should the payment be paid? To resign for this reason, in accordance with the labor code, you need to contact the employer with. The date of dismissal is the last working day, and it is also the date of final payment of all money due to the employee, in other words, settlement. On this day, the employer is obliged to hand over a work book, salary certificates, familiarize with the order and transfer to the card all amounts due. These include:

• salary for days worked prior to dismissal;
• bonuses, bonuses in accordance with current rules;
• (for as many days of rest as the employee has left untaken).

You can make sure that all the mentioned points and questions are reflected in the last transfer of money by requesting a payslip. Everything here should be clear, and you don’t need any online calculator for calculating your dismissal. Each type of accrual is reflected separately on the payslip. In accordance with the article of the Tax Code of the Russian Federation, a 13% tax will be withheld from the amount indicated for payment. The money is transferred to the employee’s account or handed out at the company’s cash desk.

Calculation of compensation for unused vacation: calculator

Employment date:

Date of dismissal:

How many days of vacation are you entitled to per year?

28 (general rule) 30 (disabled workers) 31 (minors or long working hours) 35 (harmful or dangerous working conditions) 44 (work in local areas equated to the Far North) 52 (work in areas Far North) other (enter the number of days manually)

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

Add period

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

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

The length of service for calculation does not include:

1. Parental leave.
2. Vacations at your own expense for more than 14 days. In this case, 14 days are counted towards the length of service, which gives the right to leave, and the 15th, 16th and subsequent days are excluded from it.
3. Days of absence from work without a valid reason.
4. Days of suspension from work.

Agreement of the parties and benefits

This method of separation or dismissal is also very popular; it allows you to put an end to the relationship quickly and sometimes provides additional amounts. But you need to know what the law says severance pay With this option, dismissal is not provided. It all depends on how the parties agreed. Sometimes the amount of additional payments is influenced by a collective agreement or individual conditions employment contract, reflecting the responsibility of the parties.

Sometimes employers, instead of reducing staff, use an agreement between the parties, since in this case there is no need to warn in advance, notify the employment center, consult with lawyers, and so on. If this is the case, it makes sense to demand severance pay, calculated as if you were being laid off. Management has no right to force people to sign this or that agreement, even upon dismissal.

Once you have agreed on severance pay, pay attention to the payment and full settlement deadlines specified in the severance agreement. As a rule, the employee receives all the money on the last day, but additional compensation may be transferred earlier.

If you are confused by the money received by agreement of the parties, and you suspect a violation of agreements on the part of the former employer, then demand that the set of documents issued at parting includes a note of calculation upon dismissal (pay slip), where the exact amounts paid will be visible.

Calculation for staff reduction

The procedure for layoffs and layoffs is quite labor-intensive and therefore occurs infrequently. What the employer must do by law:

• give written notice of layoffs 2 months in advance;
• familiarize yourself with the order;
• offer open vacancies for translation.

When the day of dismissal arrives, the employee receives all payments as in the case of normal resignation on his own initiative, and in addition - a benefit in the amount of one wages. How many months will the money be paid in this case? The erroneous opinion that during layoffs they pay 3 salaries per year was most likely born out of the 2 months of work before the layoff. But this time is paid as usual.

The calculation period for layoffs is the same - on the last day of work, at the time of dismissal.

Getting money for the second month after leaving is not so easy: you need to show your previous employer your work book without new entries a month after leaving. The third month is paid in exceptional cases: you must bring a certificate from the employment center stating that you registered no later than 2 weeks following the loss of your job, and a written decision on the benefit.

Deadlines for payment of compensation upon dismissal

Regardless of whether a person quits of his own free will, by agreement of the parties, for a disciplinary violation or due to redundancy, he must be paid all the money due on his last working day. This norm is strictly enshrined in.

What to do if payment is delayed

Unfortunately, not all organizations strictly comply with the law and pay employees on time. If the money has not been transferred by the end of the last working day, you can complain about the delay. There is a fact of an administrative offense for which a fine is imposed. Indeed, the employer refuses to pay what is due. In addition, for each day of delay, interest must be charged - at least 1/150 of the Central Bank rate. The amount of compensation for the delay is small, but if there are significant violations of the deadlines, the amount can add up to a significant amount.

If you were fired and did not receive money, this may be a reason to file a complaint. The employer will be subject to inspection and fined, and will also be required to pay you promptly with interest. You can also file a lawsuit and demand compensation. moral damage caused by a delay in payment to one or more persons.

1. How often and within what time frames must wages be paid to employees?

2. How to determine the amount of advance payment due to employees.

3. In what order are they calculated and paid? insurance premiums and personal income tax on wages and advances.

“The main thing in settlements with employees regarding wages is to correctly calculate the amounts due to them.” This statement is only half true: it is important not only to correctly calculate employee salaries, but also to pay them correctly. At the same time, the stumbling block for many is paying advances to employees. Is it necessary to split the salary into an advance payment and a final payment if the amount is already small? Is an advance paid to external part-time workers? How to calculate the advance amount? We will look into these and other issues related to the payment of wages to employees in this article.

Frequency of salary payment

The Labor Code of the Russian Federation establishes the employer’s obligation to pay wages to employees at least every half month(Article 136 of the Labor Code of the Russian Federation). It should be noted that the Labor Code does not contain such a thing as an “advance” at all: according to its wording, this is wages for the first half of the month. And the widely used concept of “advance” came from a Soviet-era document, Resolution of the USSR Council of Ministers dated May 23, 1957 No. 566 “On the procedure for paying wages to workers for the first half of the month,” which is still in effect to the extent that does not contradict the Labor Code of the Russian Federation. Therefore, to make it easier to understand, in this article, advance means wages for the first half of the month.

So, for wages, the frequency of payment is established at least every half month. At the same time, other payments to employees have their own deadlines:

• vacation pay must be paid no later than 3 days before the start of the vacation;
• Severance pay must be paid on the day the employee leaves.

Here's the payment sick leave is precisely tied to the payment of wages: benefits must be paid on the day closest to the assignment of benefits, established for the payment of wages. If such the nearest day is the day of payment of the advance, then the benefits must be paid along with it.

! Note: requirement Labor Code on the payment of wages at least twice a month does not contain any exceptions and is mandatory for all employers in relation to all employees (Rostrud Letter No. 3528-6-1 dated November 30, 2009). That is advance must be paid, including:

• if the employee is an external part-time worker;
• if the employee voluntarily wrote an application for payment of wages once a month;
• if local regulations of the employer, employment contracts, etc. Payment of wages is established once a month. This provision is void and cannot be enforced, as it violates the requirements of the Labor Code of the Russian Federation.
• regardless of the amount of earnings and the accepted wage system.

If the employer nevertheless neglected the requirements of the Labor Code of the Russian Federation to pay wages to employees at least every half month, then in the event of an inspection by the labor inspectorate he faces liability in the form of a fine(Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• For officials– from 1,000 rub. up to 5,000 rub.
• for individual entrepreneurs - from 1,000 rubles. up to 5,000 rub.
• For legal entities– from 30,000 rub. up to 50,000 rub.

Deadlines for payment of wages

Currently, labor legislation does not contain specific terms for payment of wages, that is, the employer has the right to set them independently, enshrining them in the internal labor regulations, collective agreement, and employment contracts with employees (Article 136 of the Labor Code of the Russian Federation). The following must be taken into account:

• The time interval between salary payments should not exceed half a month. In this case, payments do not have to fall within one calendar month (Letter of the Ministry of Labor of Russia dated November 28, 2013 No. 14-2-242). For example, if wages for the first half of the month are paid on the 15th day, then for the second - on the 30th (31st) of the current month, if for the first - on the 25th, then for the second - on the 10th of the next month, etc. . In addition, the employer can set the frequency of payment of wages more often than once every half month, for example, every week - this approach is acceptable since it does not worsen the situation of employees and does not contradict the requirements of the Labor Code of the Russian Federation.

• Deadlines for payment of wages must be indicated in the form of specific days, and not time periods (Letter of the Ministry of Labor of Russia dated November 28, 2013 No. 14-2-242). For example: 10th and 25th of every month. A wording such as “from the 10th to the 13th and from the 25th to the 28th” is unacceptable, since in fact the requirement of the Labor Code of the Russian Federation to pay wages at least every half month may be violated: the employee will receive a salary on the 10th, and the next payment will be on the 28th, that is, the gap between payments will exceed half a month.

• If the established payment day falls on a weekend or non-working holiday, then wages must be paid on the eve of this day (Article 136 of the Labor Code of the Russian Federation).

! Note: The employer bears (including advance payments and other payments in favor of employees): financial, administrative, and in some cases even criminal.

Advance amount

The Labor Code does not contain requirements regarding the proportions (amounts) in which parts of wages should be paid. However, Decree No. 566, which was already mentioned above, provides that the amount of the advance must not be lower than the worker’s tariff rate for the time worked. Despite the fact that in the said resolution we're talking about regarding workers' wages, a similar approach can be used for other workers.

The amount of the advance to be paid to the employee can be calculated in one of the following ways:

• in proportion to the time worked;

• in the form of a fixed amount, for example, calculated as a percentage of the salary.

Using the second option, paying an advance in a fixed amount, has one significant drawback - the likelihood that the employee will not work off the advance received. For example, in cases where an employee was on sick leave for most of the month, on leave without pay, etc. and was paid an advance, at the end of the month the accrued wages may not be enough to cover the advance payment. In this case, the employee has a situation, the retention of which is associated with certain difficulties for the employer.

Using the first option, paying an advance in proportion to the time actually worked, is more preferable, although more labor-intensive for the accountant. In this case, the amount of the advance is calculated based on the employee’s salary and the days he actually worked for the first half of the month (based on the time sheet), so the possibility of “transferring” the advance is practically excluded. Rostrud specialists in Letter No. 1557-6 dated 09/08/2006 also recommended that when determining the amount of the advance, take into account the time actually worked by the employee (actually completed work).

! Note: The Labor Code obliges the employer for each payment of wages (including advance payments) notify the employee in writing(Article 136 of the Labor Code of the Russian Federation):

• O components wages due to him for the relevant period;
• on the amount of other amounts accrued to the employee, including monetary compensation for the employer’s violation of the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee;
• about the amounts and grounds for deductions made;
• about the total amount of money to be paid.

The specified information is contained in the pay slip, the form of which is approved by the employer himself, taking into account the opinion of representative body workers.

Methods of payment of wages

Salaries are paid to employees or in cash in cash from the employer's cash desk, or by bank transfer. In addition, labor legislation does not prohibit part of wages (no more than 20%) from being paid in kind, for example, finished products (Part 2 of Article 131 of the Labor Code of the Russian Federation). Wherein specific way payment of wages must be specified in the employment contract with the employee. Let us dwell in more detail on monetary forms of payment of wages.

1. Payment of wages in cash

Payment of wages to employees from the cash register is documented with the following documents:

• payment (form T-53) or payroll (form T-49);
• expense cash order (KO-2).

If the number of employees is small, then the payment of wages to each employee can be processed using a separate cash order. However, with a large staff, it is more convenient to draw up a payroll (settlement and payment) statement for all employees and make one expense order for the entire amount paid according to the statement.

1. Transfer of wages to bank card

The conditions for paying wages in non-cash form must be specified in the collective agreement or employment contract with the employee. For the convenience of transferring wages, many employers enter into appropriate agreements with banks for the issuance and servicing of salary cards for employees. This allows the entire amount of wages to be transferred in one payment order with a register attached, which specifies the amounts to be credited to the card account of each employee.

! Note: It is possible to transfer wages in non-cash form only with the consent of the employee and only using the details specified in his application. In addition, the employer cannot “bind” its employees to a specific bank: labor legislation gives the employee the right at any time to change the bank to which his wages should be transferred. In this case, it is enough for the employee to notify the employer in writing about the change in payment details for payment of wages no later than five working days before the day of payment of wages (Article 136 of the Labor Code of the Russian Federation).

The procedure for calculating and paying personal income tax and insurance contributions from wages

We found that employees must be paid at least twice a month. In this regard, many people have a question: is it necessary to calculate insurance premiums and personal income tax from the advance payment? Let's figure it out. According to the law, insurance premiums must be calculated based on the results of the month for which wages are calculated (Clause 3, Article 15 of Federal Law No. 212-FZ). As for personal income tax, in accordance with the Tax Code, the date of receipt of income in the form of wages is recognized as the last day of the month for which income for completed work is accrued. job responsibilities(Clause 2 of Article 223 of the Tax Code of the Russian Federation). Thus, Neither insurance premiums nor personal income tax need to be charged on the advance payment.

The deadlines for payment of insurance contributions from wages are the same for all employers and do not depend on the date of payment of wages. Currently, contributions to extra-budgetary funds must be paid before the 15th day of the month following the month of salary calculation (clause 5 of Article 15 of Law No. 212-FZ). An exception is insurance contributions to the Federal Social Insurance Fund of the Russian Federation against accidents and occupational diseases - they must be paid on the day established for receiving funds from the bank to pay wages for the past month (clause 4 of Article 22 of Law No. 125-FZ).

Unlike insurance premiums, the deadline for paying personal income tax depends on the date and method of payment of wages:

Payroll accounting

In accounting, the calculation of wages, as well as personal income tax and insurance contributions, is reflected on the last day of the month worked. In this case, the following entries are made:

date	Account debit	Account credit
Date set for payment of wages for the first half of the month	70	50(51)	Salaries for the first half of the month were paid from the cash register (transferred to employee cards)
Last day of the month	20(23, 26, 44)	70	Salary accrued
Last day of the month	70	68	Personal income tax withheld from wages
Last day of the month	20(23, 26, 44)	69	Insurance premiums calculated from wages
Date set for payment of wages for the second half of the month (final payment)	70	50(51)	Salaries paid from the cash register (transferred to employee cards)
The last day of the deadline established for the payment of wages according to the statement from the cash register	70	76	Amount of uncollected salary deposited
The next day after the end of the period established for payment of wages according to the statement from the cash register	51	50	The deposited salary amount is credited to the current account
	50	51	Received money from the current account for the issuance of deposited salaries
When an employee applies for wages not received on time	76	50	Deposited wages issued

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Normative base

1. Labor Code of the Russian Federation
2. Code of Administrative Offenses of the Russian Federation
3. Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund"
4. Order of the Ministry of Finance of the Russian Federation dated October 31, 2000 No. 94n “On approval of the Chart of Accounts accounting financial and economic activities of organizations and instructions for its application"
5. Resolution of the USSR Council of Ministers of May 23, 1957 No. 566 “On the procedure for paying wages to workers for the first half of the month”
6. Letter of Rostrud dated November 30, 2009 No. 3528-6-1
7. Letter of the Ministry of Labor of Russia dated November 28, 2013 No. 14-2-242

Find out how to read the official texts of these documents in the section

♦ Category: , .

Upon termination labor relations An organization or enterprise must calculate wages when dismissing an employee. In connection with dismissal, employees are paid wages for days worked in the month of dismissal and compensation payments for unused vacation. Depending on the reasons for dismissal, the employee may also be given severance pay or compensation payments due to the termination of the working 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 are due to him by law, is the Order to terminate the employment contract with the employee. This order is issued in a certain form maintaining personnel documentation. It was approved by the State Statistics Committee (forms T-8, T-8a). By general rule, upon dismissal, the employee is paid:

1. Salary for working days that were actually worked in the month of dismissal, for example, when an employee quits of his own free will.

2. Compensation payments for unused vacation.

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

– work book;

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

Example of salary calculation upon dismissal

Employee Sergey Nikolaevich Fedorov resigns on November 19, 2015 due to being called up for military service. Calculate final salary.

First, let’s calculate wages for less than a full month:

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

Salary for November = monthly salary / number of working shifts x number of shifts worked

Salary for November = 25,000.00/20x13 = 16,250.00 rub.

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

Vacation compensation (KO) = salary for 12 months/(12 *29.43)* number of vacation days

KO = 25000.00/29.43x14 = 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 (VP) = 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 = 853.24 rubles.

VP = 853.24 x 10 = 8532.40 rub.

This severance pay is not subject to personal income tax.

Final payment = ZP + KO + VP – (ZP + KO)x13%

On the day of dismissal Fedorov S.N. will receive a final settlement of RUB 35,448.85.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Article 140 of the Labor Code of the Russian Federation establishes the calculation period for the dismissal of an employee. The employer must issue a full payment to the employee for all payments due to him on the day of his dismissal. Accordingly, if the employee was at the workplace on the day of dismissal, this day is considered his last working day. Thus, it is implied that the employer cannot, at his own discretion, postpone the time of settlement with the employee to another date.

Payment upon dismissal

The legislator does not establish special deadlines for settlements when dismissing an employee, depending on the reason and wording of his dismissal. A full settlement is made with him. These payments include:

1. compensation for all vacations that the employee did not take during the entire period of work at this enterprise (including main and additional);
2. employee's salary for time worked;
3. in the case provided by law, the employee may be paid severance pay, as well as other types compensation payments provided by law for certain categories of workers, or by decision of the owner.

All payments must be correctly calculated and issued to the employee on the day of his dismissal, along with the work book. If the company does not accept a form of cash payment, and all types of payments are made to a bank card or to the employee’s bank account, all transfers must be made to the employee on the day of his dismissal from the company.

If an employee leaves the company while on sick leave, or on vacation, or is absent from the workplace for a valid reason on the day of his dismissal, the employer can make all payments due to him no later than the next day from the moment the employee declares this. This situation is possible when dismissal occurs at the request of the employee. After all, it is known that it is impossible to dismiss an employee at the initiative of the enterprise when he is on vacation or during his illness.

But again, in the case where the employee wishes to resign, and the date of his dismissal coincides with his being on sick leave, despite this, the employer must issue a dismissal order of this employee. The same number is used to make an entry in the work book about the employee’s dismissal. If an employee is on sick leave, then, accordingly, he cannot pick up his work book. At the written request of the employer, it is possible to give permission to the enterprise to send the work book to the employee by mail. Or, the employee can pick it up when he recovers and can personally come to the enterprise.

But the company is obliged to send a notice to an employee who is sick that an order has been issued to dismiss him, about the need to pick up his work record, and receive paychecks. This is important because it is the employer who is responsible for the untimely issuance of settlement funds and work book. Moreover, for a delay in making payments to a resigning employee, the enterprise or entrepreneur will have to pay a kind of interest to the employee, which, by its legal nature, is a penalty for the delay in making payments.

If the deadline for payment of compensation upon dismissal is violated

Failure to meet the deadline for issuing pay to an employee on the day of dismissal is quite common. However, this is not always a violation of the law. The Labor Service, in its clarification, calls on employers, regardless of the reason for the dismissal of employees, to make timely payments to them. Even if the employee is fired for absenteeism, or other guilty actions that led to the employee’s dismissal. And adhere to the standards prescribed in the Labor Code.

For violating the rules labor legislation, the employer bears double responsibility - administrative and financial to the employee. So, the employer bears the responsibility provided for by law if there is guilt on his part for late payments. For example, an employee resigns, but wishes to use his vacation before resigning. The day of dismissal should be indicated in the order and in the labor report, not the last day of actual work, but, as practitioners believe, the last day of vacation. But, all settlements with the employee must occur before his dismissal, that is, before his vacation.

Another common mistake of employers is to believe that an employee who leaves the company for his guilty actions, at the initiative of the employer, is not due any payments, or they can be detained arbitrarily. Do not forget that even in the event of dismissal of an employee who has violated labor discipline, there are legally established payments that the employee must receive. And payments to the employee must be made in a timely manner. If such an employee goes to court, all responsibility will fall on the shoulders of the enterprise.

When an enterprise is liquidated and an employee resigns at the initiative of the employer, all settlements with him must be made on the day of his dismissal, and not on the day of liquidation of the enterprise. If an enterprise is liquidated through bankruptcy proceedings, then one of the first to receive payments are the employees with whom the enterprise has not made final payments for wages and other mandatory payments. Such calculations are considered:

1. compensation (for vacation that was not used, for material or moral damage, for injury in the workplace, and other harm to health caused by the fault of the enterprise);
2. wage;
3. severance pay.

These severance payments are mandatory and there is no legal reason not to pay them.

Employer's liability

In addition to the interest provided for by the Labor Code, which the employer must pay for late payment of wages, if there is a delay in settlement with the employee, the employer bears administrative responsibility. Such responsibility is established by administrative norms of legislation.

In particular, in case of violation of labor legislation, the employer is subject to administrative liability in the amount of 5 to 50 minimum sizes wages established by the Government for the billing period. The law establishes this level of liability for guilty officials who did not pay the employee on time. The company can be fined in the amount of 300 minimum wages.

The dismissal procedure must comply with legal requirements. One of the most important points In this case, the final settlement is made and all amounts due to the employee are paid. The article discusses the question of when wages should be paid after dismissal.

This article discusses issues related to the timing of calculation upon dismissal. In a normal situation, such a calculation should be made on the employee’s last working day before dismissal.

There may be situations when he will not be at work for any reason. In this case, he receives payment when he reminds his former employer about it. This must occur no later than the end of the next day thereafter.

It happens that the employee and the boss have different opinions about the amount the former actually earned. In this situation, mandatory payment within the specified time frame is provided for the amount regarding which there is no disagreement.

When should wages be paid after dismissal?

The statutory payment time is the employee's last day of work.

In some cases, a different date for calculation may be set. If wages are paid late, this is a violation. In this case, additional compensation is paid proportional to the number of days for which payment was delayed.

If, when determining the final amount, there are certain controversial issues and they need to be resolved additionally, then the payment is divided into two parts:

• the amount regarding which there is no disagreement;
• a controversial part of the paid funds, regarding which the issue has not yet been resolved.

The first part is paid on the last working day, and the second part is considered (often this involves going to court).

Upon dismissal as a result of staff reduction (in the event of liquidation of the company), several payments are due. First part in general procedure, that is, on the last day at work. Additional payments are made after a month and after two, provided that former employee continues to be unemployed.

For information on severance pay in case of staff reduction, see here:

Upon resignation of one's own free will

In the event of dismissal of this type, the general rules for the timing of payments apply, that is, the money must be paid on the employee’s last working day.

Dismissal while on vacation

If an employee is on vacation, then he has every right to receive his money no later than the next day after applying for his previous job, as stated in Article 140 of the Labor Code of the Russian Federation.

What types of payments are due?

In most cases, in this situation, two payments occur:

1. The employee must receive the salary he earned up to the date of termination, including his last day at work.
2. If he has unused vacations, he should include compensation for them in the calculation amount.

When talking about vacations, you need to consider the following. It is believed that the employee must use the holidays due to him in accordance with the established deadlines. Typically, current vacations are issued in accordance with a predetermined schedule. It must be completed before the start of the relevant year.

If an employee does not want to take leave, then this situation is usually considered non-standard. If it accumulates over many years a large number of unused vacations, upon dismissal, this can amount to a significant amount.

When calculating such payments, the average salary for the previous period is used. However, there are situations when upon dismissal, in addition to those indicated, other payments must be made.

So, if this company pays the thirteenth salary, then it will be necessary to add it to the payment.

There are special cases of dismissal when employees are entitled to additional payments. These are situations when it comes to staff reductions. A similar situation occurs during the liquidation of an enterprise. In this case, additional amounts are provided for citizens.

When calculating, an amount equal to the monthly payment must be provided. It is severance pay. After dismissal, another payment of the average salary for one month is provided. But this can only be done in a situation where former employee I haven't found a new job.

One more, third payment of the average salary per month is possible. This will be done in the case where the former employee is registered with the employment service within a period that does not exceed 14 days from the date of registration of dismissal.

In the latter case, the money will be paid provided that there has been an application from the employment service and that the former employee is still unemployed.

There may also be payments of other types. For example, it is possible that an employee provided a car to a company in exchange for a certain rental fee, compensating for its depreciation and maintenance costs. Debts for this type of payment must also be paid.

In the case when layoffs due to reduction are being considered (the same applies to the liquidation of the company), the employee, on a voluntary basis, can apply to the boss for early dismissal. This may be necessary if he has found a job where they do not want to wait for him for too long. In this case, he is entitled to an additional payment.

Other payments are possible depending on the specific situation.

Late payment of settlement

The Labor Code establishes that in case of violation of the legal requirements regarding the terms of payment of wages upon dismissal of an employee, the boss is obliged to additionally pay monetary compensation. However, this type responsibility is not the only one in the situation under consideration.

Employees have the right to file a corresponding complaint with the regulatory authorities (for example, we can talk about contacting the labor inspectorate). In this case, the issue must be considered within a time frame that does not exceed 30 days.

In this case, a decision must be made to inspect the enterprise. If non-payment is confirmed, a corresponding order will be issued, which will indicate the detected deficiencies and set a deadline for their elimination.

When the period allotted for correction has expired, a second inspection will follow, which will allow the inspectors to judge whether all the problems discussed in the order have been eliminated. If violations are not eliminated, the inspector has the right to bring the head of the company to administrative liability.

It is permissible, if necessary, to sue the former boss. However, it is necessary to provide for a situation where he declares that the former employee himself did not want to come for the money owed to him. To exclude consideration by the court the specified option, it is necessary to attempt a pre-trial settlement of the case.

To do this, you must make an attempt to receive the money owed and document the attempt. If payment is made in full, the issue will be closed. If not, the court can reasonably say that there was an attempt to settle the case out of court.

When considering a case at a court hearing, it is possible not only to receive unpaid money along with late fees, but also compensation for moral damage.

Employer's liability

Unfortunately, situations are possible when the former boss, during the dismissal process, for some reason did not pay the outgoing employee. This may be a complete failure to pay the money owed to him or only a partial one. However, according to Article 236 of the Labor Code, non-payment is punishable.

In this case, compensation is provided for the employee whose payment was delayed. It is calculated based on the key rate of the Central Bank of the Russian Federation. At the time of writing this article, its value is set on March 26, 2018 and equal to 7.25%.

The calculation is as follows. The specified value must be divided by 300 (by this moment in this case, 0.02417%) will be obtained and multiplied by the amount of unpaid funds, and then by the number of calendar days (weekends and holidays) delays.

An example calculation looks like this. Let the debt amount to 30 thousand rubles. The last day of work was May 7, 2018. The specified amount of debt was paid on July 5.

To determine the amount of compensation, you need to calculate the number of days by which the former employer was late with payment. It will include:

• in May - 26 calendar days;
• all of June - 30 days;
• 5 days of July.

The total duration of the period under review will be 61 days.

Now you need to calculate the amount that will be credited daily. This will be 30000 * 0.02467% = 7 rubles 40 kopecks for every day. Multiply by the number of days (7.40 rubles * 61 days) and get 451 rubles. 40 k. When calculating, the specified amount, according to the law, must be paid additionally.

This payment is determined by the Labor Code of the Russian Federation; its increase is allowed on the basis of a collective agreement available at the enterprise. The amount of such compensation may be increased based on the company's local normative act. Sometimes this increase is considered during the signing of the employment agreement.

Quitting is often difficult life situation. However, we must not forget that the employee has rights that are guaranteed by law. To use them, you need to know about them and how to use them.

For information about payments to employees upon dismissal, see this story:

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