Is payment due upon dismissal? Is there a timeline for the employer to keep within when solving the task? These questions are of interest to everyone who plans to leave their jobs. Indeed, monetary disputes arise between employers and their subordinates quite often. Therefore, you should pay attention to the calculation at the time of dismissal. Maybe the employer does not owe anything to the employees? In Russia, the procedure for the appointment of calculation is established by the Labor Code. What does he say? What features should every employee know before leaving?
Should pay
Is final payment due upon dismissal? Are the terms of this process set at the legislative level? Should an employer even pay their subordinates?
At the moment, laws are in force in Russia, according to which each boss is obliged to make calculations with his employees. He pays for every day employees work. And this is a mandatory measure. Otherwise, the dismissal process may be called violated. Accordingly, subordinates have the right to complain about the actions of employers.
Art. 140 of the Labor Code of the Russian Federation provides for certain periods in which the employer must meet. If the boss does not worry about this, he will face a fine in one way or another.
What are they paying for?
What is the payment of the calculation upon dismissal for? The timing of this action is another question entirely. First, each employee should familiarize themselves with what they are paid for. After all, not everyone is aware of this issue. Some citizens do not know at all that the employer is obliged to make payments during the termination of employment!
At the moment, you can request (or collect) money from the employer for several periods. Among them are:
- worked on official days off;
- all days worked until the adoption of the order of dismissal ;
- for unused vacation.
Accordingly, for all of the above periods, you can recover funds. And each employee can demand them. Usually, employers make their own calculations with subordinates. The main thing is to check the correctness of accruals.
Upon dismissal
When is payment due upon dismissal? The timing of this action is set at the legislative level. The thing is that it is enough to read the Labor Code to find the answer.
Now in Russia, every employer is obliged on the day of dismissal to make settlements with his subordinate. It is when the employee is immediately removed from the line of duty. Neither earlier nor later.
Accordingly, by the time of dismissal, the employer must draw up all the documents necessary for the calculation. And along with the workbook, the subordinate receives the money allocated to him. Delay in payment is punishable by a fine. And reimbursement of the full amount to the employee with whom the calculation was to take place.
With absence
Sometimes it happens that the employee at the time of termination of employment is not in the workplace. And then, as you might guess, the employer cannot make the calculation in accordance with all the rules. Art. 140 of the Labor Code of the Russian Federation provides a certain algorithm of behavior in this situation.
The thing is that the payment should still be made. But in this situation, it will have to be implemented directly at the request of the dismissed employee. He writes a statement of the standard form for the calculation. Next is the reckoning. It is possible no later than a day after the request is made.
In other words, if an employee did not work on the day of dismissal, he must apply for a calculation, but this must be done by writing an application. Cash can be received either on the same day or the next day. And nothing more.
On holiday
What else should the employer pay attention to? When is payment due upon dismissal? Timing can be varied. It has already been said that a lot depends on the situation.
Sometimes an employee is fired (or he himself writes a statement in advance of his own free will) while on vacation. In this situation, the calculation is not made immediately. In fact, at the time of dismissal, a citizen will not be in the workplace. Then you have to wait for the subordinate to leave the vacation. And at this moment to make a calculation.
Typically, employees are coming after you leave for cash. But if this does not happen, you will have to wait until the employee writes a corresponding application for payment.
Disputes
Not always with the employer and subordinate all issues are resolved without any problems. It happens that there is some debate about what the calculation is for when leaving. Payment terms (the Labor Code of the Russian Federation establishes a clear framework for this account) of funds - a day. This means that either at the time of the appeal, the employer must pay the subordinate, or the day after writing the application for payment of the calculation. But what if disputes arise?
Everything is very simple. An amount that is not disputed is paid on the day of dismissal. That is the one with which the boss agrees. But the balance should be paid at the time of settlement of the dispute, after the employer has performed an accurate verification of the data and established how much money is actually put to the dismissed subordinate.
In arrears
Labor legislation in Russia indicates that a delay in payment of the calculation upon dismissal is possible. But only in this situation, the employer is obliged to cover the entire delay with additional payments. How much do you have to pay?
The exact amount cannot be named. The thing is that it depends on many factors. For example, of the total debt. And on the duration of the delay. But at the legislative level, certain calculation conditions are established.
The penalty for delayed payment of payments upon dismissal is 1/300 of the Central Bank's refinancing rate. That is how much of the total amount of debt will have to be paid for the day of delay. The countdown will begin the day after non-payment of funds. And it will end on the day the calculation is received.
This rule always applies to all cases. In other words, it does not matter if the employer was to blame for the delays or not. For the delay, you still have to pay in accordance with the rules established in the Russian Federation.
Serious late penalties
The employer may be subject to a more serious liability in Russia for non-payment of employee benefits. The thing is that the boss must pay the required cash with all interest to the subordinate no later than 3 months in advance. It is this period that is given for payment without additional large fines (only with a penalty, which amounts to 1/300 of the refinancing rate for each delayed day).
But article 145.1 of the Criminal Code states that if the employer has not paid the full amount of money to his subordinates for more than 3 months, he will face serious responsibility. The first scenario is a fine. Its size is up to 120,000 rubles. Also, the penalty can be calculated based on the annual income of the offender. Or there is a risk of 12 months in prison.
Vacation and Dismissal
The next question that interests many is the calculation of the payment for unused leave upon dismissal. For him, too, as has already been said, they must pay. This process involves many nuances. And everyone should pay attention to them.
The first rule is if the employee did not go on vacation for the last year at all, then money is accrued for all 28 days of paid legal rest. Plus, days worked up by agreement with the employer, which are holidays (in order to get an additional day off on demand), are added here. If the leave was used to one degree or another, the calculation will be made in direct proportion to the time worked.
How to calculate compensation for unused vacation? First, you need to find out the average salary of an employee per day. And then correctly calculate how many days of vacation you need to pay. If an employee has worked in the company for at least a year, but has not gone on vacation, as has already been said, it is necessary to pay all 28 days. Otherwise, you will have to make the calculation according to the following system (it is better to consider it with an example).
The subordinate has 28 days of paid legal rest. How to calculate compensation for unused vacation? Suppose that a person quits on his own after working for 8 months from the moment of employment. In this case, the days for which compensation is due will be equal to: 28 * 8/12 = 18.67 days. Next, the resulting figure is multiplied by the average employee salary per day. And this money should be paid upon dismissal of a subordinate.
By the way, Russia does not provide for the absence of paid leave. Employees cannot work without him for more than 2 years. If a subordinate intends to do this, it is necessary to forcibly send him on a well-deserved rest. And if a person leaves after 24 months of work, then he will receive a calculation for 56 days of paid leave. Actually, understanding how many days to pay is not as difficult as it seems.
The rules for calculating the days that an employer will have to pay can be divided into several steps. The first is dividing the total number of vacation days by 12. The second is to multiply the amount received by the number of worked months in a year.
Calculation Requirement
It has already been said that it is far from always possible to make settlements with subordinates on the day of termination of employment. Then you have to ask the employee for the requirement to pay the calculation upon dismissal. A sample of this document cannot be called template. After all, it is usually written in free form. The requirement may look as follows:
I, Ivanov Ivan Ivanovich, an employee of the company Miralinks LLC, who has been working as a senior manager since 2012, I ask the employer, Sidorov Petr Petrovich, to make calculations with me in view of the dismissal. It took place on March 5, 2016.
At the very end, the date and signature are affixed. Nothing more is required. The employee can describe the reason for his absence from the workplace on the day of dismissal. And nothing more. After writing this document and submitting the requirement to the employer, the latter will have to give out everything that is necessary for the calculation.
Take the money
Now it’s clear in what terms the boss is obliged to meet the deadlines for dismissing his employees. The process of dismissal can be reduced to the fact that after the adoption of the application for resignation , an order is made. On the day of its entry into force, the employee comes to the employer, he gives him a special pay slip, as well as a work book. With a piece of paper you need to go to the accounting department and get cash in cash.
This is the payment of the calculation upon dismissal. The terms of this action are not long - on request on the day of dismissal. Or the day after writing a statement about the payment of funds. As soon as the work book and calculation are received, the employee affixes his signature in special accounting books. And that's it, the dismissal process is over.