Dismissal is not the best nice moment. And regardless of how a person leaves, of his own free will, due to 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 severance payments they should be provided with. Although in fact, workers are quite protected in this regard.
Payments to an employee upon dismissal
If you decide to leave your job voluntarily, you must notify your 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 the time worked and monetary compensation for unused vacations. Salary for the last month is calculated in proportion to the number of days worked. This may include interest and various bonuses provided for in the contract. Vacation pay is usually what causes problems for employees. Although it is not difficult to calculate them, unscrupulous employers often try to manipulate the expense of unused vacation, unreasonably understating the statutory payments to the employee upon dismissal. Therefore, you need to monitor this and calculate everything yourself.
Payments for leave upon dismissal are calculated in proportion to the amount of time worked in the current year. If you are entitled to 30 days of vacation per year, then for the six months you worked you should receive 15 days of vacation. If you did not go on vacation in the previous year, then you should be compensated for that too. By law, an employer does not have the right not to provide an employee with vacation 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 leave, in which case the company must keep all your applications for transferring leave. 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 not worked in the year. If you haven’t worked for six months, then please return half of your vacation pay. If you have unused vacation, you can receive monetary compensation for it or have the opportunity to go on vacation before dismissal. Leave is given to you upon appropriate application and at the request of the employer. If the employer agrees to give you a vacation, in this case, payment of the dismissal payment will be made on the last day of work, and after the vacation you may not return to work. It is important to talk about sick leave during such a vacation. If after dismissal, while on vacation, you become ill, then the employer must pay you sick leave. If you leave at your own request, you cannot count on additional benefits and compensation. But what you are entitled to by law, the employer is obliged to pay.
Payments upon dismissal due to reduction
When leaving due to redundancy, you have the right to receive not only wages and vacation pay, but also various benefits. Payment of compensation upon dismissal includes severance pay in the amount of your average monthly salary. You may receive a larger amount if this is provided for in a collective or employment agreement. This manual is in normal size not subject to income tax individuals. If you receive benefits in larger size, tax will still be deducted from it.
Also, payments upon dismissal due to reduction assume the preservation of average monthly earnings in the next two months after dismissal. This average salary also includes the previous severance pay. If you contact the city employment service within two weeks from the date of dismissal, then if it is impossible for you to find employment within two months, your average earnings will be retained for you in the third month.
Your employer is required to notify you of staff reductions and your resignation two months before the date of dismissal. Moreover, if you want to leave early, without waiting for the expiration of the two-month period, then you must be paid compensation in the amount of the average wage for the days not worked. This compensation is also not subject to personal income tax.
Thus, at the time of dismissal, you are required to pay the rest of your salary, monetary compensation for unused vacations, compensation for days not worked, as well as severance pay. You receive all this 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 are unable to get a job at this time. That is, if you expect to receive funds in the second month after dismissal, be prepared to show your work record without new entries.
Another important point, if you fall ill within a month after dismissal, the employer is obliged to pay for temporary sick leave. The same applies to maternity leave. If the enterprise is liquidated, then employees are entitled to similar conditions of dismissal and corresponding payments. Now you clearly know what payments you are entitled to upon dismissal different situations. Don’t forget that all workers’ rights are protected by the Labor Code Russian Federation. And all actions of the employer must comply with the law.
The employer is obliged to make all payments to the employee upon dismissal at his own request on the day of dismissal.
Dismissal of one's own free will is the most common ground for termination. employment contract. This is the least troublesome and most convenient base.
An employee has the right to resign of his own free will at any time, but by notifying the employer 2 weeks in advance. If the employee is on probationary period, 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 at his own request. The application must indicate the date from which the employee will no longer return to work.
The wording of the application should look like this: “I ask you to dismiss me at your own request on April 15.” 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 application, the employer issues a dismissal order and makes a full settlement with the employee.
What payments are due upon voluntary dismissal?
The employer is obliged to make a full payment to the employee on the day of dismissal. As a rule, the day of dismissal and the last working day coincide. Therefore, all payments are made on the last working day.
If these dates do not coincide, then payments upon dismissal of one's own free will are made upon the written request of the employee on the next day after receipt of this request.
The employer is obliged to pay the employee:
- wages for the time actually worked, including the last working day;
- compensation for unused vacation;
- severance pay, if it is provided for in a collective or employment agreement.
Wages are paid for working days actually 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, May has 19 working days. The employee worked 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 had not been on vacation for 6 months and 17 days. The rule is to round to the nearest full month. Since the number of days exceeds half a month, you need to round up. On the day of dismissal, the employee had not been on vacation for 7 months. Therefore, he has 28 / 12 * 7 = 16 days of vacation.
His salary for a month of work 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 for voluntary dismissal is made only if it is specified in the collective or employment agreement with the employee. The amount of such benefit is established, 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 the collective agreement, then the amount is discussed at a meeting of representatives of the employer and employees, and is reached through agreement.
An employee can quit without working for 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.
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 of 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 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.
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Are you planning a pregnancy, expecting the birth of a child, or have already experienced the joy of motherhood? One way or another, you decided that it’s time to find out what payments and benefits you can count on when a child is born in 2019. It’s easy to get confused here, which is not surprising, because in our state there are a number of measures to support motherhood and childhood.
In this section, dear visitors, we will try to help you understand the multitude of payments, benefits and other support measures for the birth of a child in 2019. Please note that to select all due payments and benefits, you can use the benefit selection service.
Primary attention should be paid to the following points:
- payments at the birth of a child can be one-time(paid once) and monthly (paid monthly until the child reaches a certain age), as well as support measures are provided in the form of a certificate (birth certificate, maternity capital, certificate for the purchase of housing) and benefits (for example, preferential travel or a discount on utility bills) .
- Benefits for the birth of a child at the federal level apply to all citizens, but there are also regional payments - they can be received by residents of certain constituent entities of the Russian Federation. This is the next important point.
- The number of children born and/or adopted matters!
If you are not officially employed and have not entered into a voluntary insurance agreement with the Social Insurance Fund, then maternity payments (also known as maternity benefits) and a one-time benefit upon registration with early dates pregnancy is not allowed.
Now about payments and benefits at the birth of a child in order:
The test showed the coveted two stripes... For further possibility of receiving, you should register with the nearest antenatal clinic before 12 weeks of pregnancy.
During pregnancy, you will most likely need vitamins or medications; more about this in the article Free medications for pregnant women and children under 3 years of age.
It's time to calculate the amount of maternity benefits that you will receive when you leave the country. maternity leave, in the maternity leave calculator.
Only officially employed women (or individual entrepreneurs who have entered into a voluntary social insurance agreement with the Social Insurance Fund) at the onset of 30 weeks of pregnancy have the right to receive a one-time benefit for women who registered in the early stages of pregnancy.
Payments and benefits for pregnancy and childbirth from 30 weeks of pregnancy.
- When you reach 30 weeks of pregnancy (28 for multiple pregnancies), the antenatal clinic will issue you with a certificate of incapacity for work, which will be required at your place of work to receive maternity benefits (maternity benefits), paid to the employee in the amount of 100% of the average earnings. Maternity benefits are assigned within ten days after submission of all necessary documents. Maternity payments calculator.
- The amount of a one-time benefit for women registered in the early stages of pregnancy has been since February 2019 RUB 649.84(in January 2019 - 628.47 rubles). You will need a certificate from a medical institution confirming registration for up to 12 weeks. Documents should be submitted at the place where you receive maternity benefits.
- Along with the certificate of incapacity for work, the housing complex will give you a birth certificate. Coupon No. 1 of the birth certificate will remain in the antenatal clinic, you will need coupon No. 2 in the maternity hospital, and coupon No. 3 - in the children's clinic.
- Perhaps your constituent entity of the Russian Federation pays additional regional benefits for the birth of a child. Muscovites are paid 600 rub. for registration up to 20 weeks of pregnancy.
Payments and benefits after the birth of a child
- One-time benefit for the birth of a child. The benefit amount remains in 2019 in the amount RUB 16,870.
- A monthly allowance for child care up to 1.5 years is paid in the amount of 40% of the average income for the previous two years before the onset of pregnancy to the person actually on parental leave and caring for the child (can be mother, father, grandmother and other relatives relatives). The minimum amount of monthly care allowance from January 2019 is RUB 4,512 for the first child and RUB 6,284.65 on the second, maximum - RUB 26,152.39 MONTHLY. Monthly care allowance calculator.
- At the birth of a second and subsequent child, mothers are subject to the issuance of a certificate for maternity capital with a nominal value of RUB 453,026 (in 2019, the amount of maternity capital remains unchanged). It can only be spent on certain purposes. In a number of regions, regional maternity capital is additionally issued.
- Families with three or more minor children are provided with benefits and benefits as large families. And also, for the third and subsequent children born no earlier than January 1, 2013, an additional monthly benefit is paid up to 3 years.
- Regional payments at the birth of a child. For Muscovites this is: 1) One-time payment at birth for the first child - 5,500, for the second and subsequent ones - 14,500 rubles. 2) Additional benefits for young families (Luzhkov payments). It is paid to parents under 30 years of age: for the first child - 5 subsistence minimums, for the second - 7 subsistence minimum, for the third and subsequent ones - 10 subsistence minimum. From the 3rd quarter of 2018, the Moscow subsistence minimum per capita is 16,260 rubles, for the working population - 18,580 rubles. 3) Happy birthday three or more children at the same time 50 thousand rubles. regardless of other benefits for the birth of children.
- One-time and monthly
The maximum monthly child care benefit in Russia has increased to 26.1 thousand rubles since January 1, 2019. (from previous 24.5 thousand rubles). The amount of maternity benefit for 140 days of maternity leave will be 301 thousand 95 rubles in 2019.
As you can see, the list of payments, benefits and benefits for the birth of a child is significant and not final. We constantly strive to update it, subscribe to site news in a convenient way for you!
You work for yourself, you work, and then suddenly - the boss announces a reduction in staff. Unfortunately, many have encountered this situation.
Many questions immediately arise that require clarification. For example, what payments should an employee receive if he is laid off? What is the legal way to fire an employee? Is it possible to lay off pensioners and pregnant women?
Your position is no longer needed
One of the first questions that arises when an employee is laid off is: “What payments am I entitled to?” A similar situation occurs in large companies, and in small ones. By law, layoffs must be announced no less than two months in advance.
The employee must sign that he was notified on time. If an employee refuses to sign, a special act is drawn up. If this rule is not followed, the person may be reinstated in his position. Once signatures are received, the company is required to offer new vacancies that match the employee's specialty.
When the two-month period comes to an end, the employment contract is terminated and payments are made to the employee in case of staff reduction. He is given a benefit in the form of an average salary. It is retained for the duration of employment (but not more than two months).
Retrenchment of an employee. Payments. Labor Code
This topic is regulated by Article 178 Labor Code RF. What she's talking about:
- An employee who is laid off is paid benefits. Its amount is equal to average monthly earnings.
- On the day of dismissal, the company is obliged to pay the employee all outstanding wages. As well as compensation for unrealized vacation.
- Within sixty days after the layoff, the person is paid an average monthly income.
- If he contacted the employment service no later than two weeks from the date of dismissal, but did not find the required vacancy, then, by decision of this body, the payment of compensation in the event of a layoff is extended for another month.
- The payment of money must be made on time, otherwise the dismissed person may challenge his rights in court.
More about amounts
So, what payments are accrued to an employee when staffing is reduced? Firstly, this is financing in the form of average monthly income. It is paid within a period of up to 60 days. Secondly, a benefit that is issued immediately at the time of dismissal.
Thirdly, the manager is obliged to compensate all arrears of wages, as well as unused vacation. Fourthly, in special cases the employee may be accrued two weeks' average income. This applies to moments when he does not agree to transfer to another service in cases considered in the legislation. Also, payments to an employee upon layoff are made in connection with:
- with his conscription into the army;
- with the reinstatement of the person who previously held this position (returning from maternity leave or appealing through the court);
- with refusal to move to another area;
- with his recognition as incapable of work;
- with refusal to work due to changes in the terms of the contract.
Here you need to remember that personal income tax is not withheld from the obligatory amounts. The enterprise is obliged to pay monetary compensation both in case of liquidation of the company and in case of violations in the drafting of the employment contract (if they were not caused by the fault of the employee).
Collective and individual agreements preserve payments when an employee is laid off. The timing of the issuance of all due money is limited to the last day on which the employee is still registered in the organization. If there is a delay in payments, then for each day they accrue interest of at least 1/300 of the refinancing rate of the Central Bank of the Russian Federation.
Breaking the law
Fact illegal dismissal often found in everyday life. The employer wants to save his money and can play on ignorance labor laws. Anyone who has been laid off, having collected evidence of a violation of his rights, can always file a claim in court. Submission deadline: thirty calendar days from the moment of receiving a copy of the dismissal order or issuance work book. Valid reasons for being late in filing a claim may increase the time it takes to accept a claim. Another reason for filing a lawsuit is the refusal to pay interest on overdue compensation due to the worker.
Conditions for the “correct” reduction
If the manager decides to reduce the number of employees, then a number of rules must be followed:
- Real reduction of workers. IN staffing table The organization is informed of the fact of dismissal. An order is also issued to approve the new schedule.
- According to Article 179 of the Labor Code, it is necessary to provide in writing a number of other vacancies that correspond to the employee’s qualifications.
- According to Article 180 of the Labor Code, the boss must notify the employee no later than two months before dismissal. The employee must sign that he was warned on time. The manager also approves the plan for communicating information about the reduction. In this case, a newspaper, bulletin board, meeting can be used.
- A selective trade union body must consider the issue of dismissal. It consists of a lawyer, a personnel director, and a representative of the trade union committee. An order is also issued regarding the creation of the commission.
- According to Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004, the responsibility to confirm the legality of dismissal and compliance with its procedure lies with the head of the organization.
Who should not be fired
Based on Article 261 of the Labor Code, a pregnant woman cannot be laid off. If she works on fixed-term contract the enterprise is obliged to renew the agreement after this period. The woman will only need a medical certificate confirming her situation.
But it can be reduced in the case when it was registered with the organization during the absence of the previous employee, and there is no possibility of transfer to another vacancy. Women who have children under three years of age and single mothers with a child under 14 or a disabled child under 18 are also not subject to dismissal.
There is one nuance in the field of education. Regarding the reduction teaching staff educational institutions, then this action is possible only after the end of the school year.
Useful subtleties
- Calculation of payments when laying off an employee who is a part-time employee is not made. The reason for this is the presence of a principal place of business.
- A worker who has been laid off has the right to receive an early pension. At the same time, he needs to issue it no earlier than two years before the legal date.
- If an employee has worked in an organization for less than six months, then compensation payments for unused vacation when the employee is laid off are still made.
- Severance pay is not subject to the unified social tax, pension contributions, or personal income tax. As well as insurance contributions to the Social Insurance Fund. Compensation for unrealized vacation days is subject to personal income tax, but not unified social tax.
- If payments to an employee upon layoff are not made from budgetary funds, then they are taken into account as part of the expenses going towards wages. Thus, the income tax is reduced (clause 9, article 255 of the Tax Code of the Russian Federation).
- An employer can fire an employee without warning, but all payments must be retained. An agreement of this kind, however, like all others, must be drawn up in writing. If the worker and the head of the organization do not come to an agreement, then the reduction should occur on a general basis.
Retrenchment of an employee. What payments are accrued? Calculation example
Let's take the following example. The employee began his career on 09/01/07 and was laid off on 04/23/09 (received a notice from his superiors). He resigned on 6/24/09. For 12 months, the salary amounted to 126 thousand rubles. Start of work in the new organization - 09/05/09. We will calculate the average earnings, the amount of benefits and compensation for unrealized vacation.
So, what is the procedure for payments when an employee is laid off?
First, we will calculate the benefits due. To do this, divide the entire salary amount by 12 months and by the number of working days. We get average earnings per day - 357.14 rubles. We multiply this figure by thirty calendar days and get 10,714.2 rubles.
Secondly, we will calculate the amount that will be paid over several months. Since the employee in the first of them did not get a job new job, then the amount of severance pay goes towards the maintained average income. In this case, the mandatory payment of average earnings during the second month is carried out. The benefit amount will be 11,071.34 rubles (average daily earnings multiplied by 31 calendar days). There will be no payments for the third month, as the employee has joined a new organization.
Thirdly, we will calculate benefits for unused vacation. Based on the fact that the employee worked for ten months, compensation will be paid in 23.33 days. 28 vacation days multiply by the number of months worked (10) and divide by their number in the year (12). Multiplying the resulting figure by the average daily earnings, we get the entire amount of payments - 8,332.08 rubles.
Early dismissal of an employee
Article 180 of the Labor Code states that employees of organizations are notified of layoffs two months in advance. In the same article there is a paragraph in which it is written that the boss, by agreement with the subordinate, can terminate the employment contract without waiting for the stated date. All payments in case of early dismissal of an employee are preserved. But he will lose compensation if the basis for termination of the contract is a notice of voluntary dismissal. Thus, for it to happen early dismissal with all legal payments, you must do the following:
- The manager draws up a proposal to the employee to cancel the employment contract before the official dismissal date.
- The employee writes written consent to this proposal.
Compensation payments when an employee is laid off are not made if the application states “I ask you to dismiss me of my own free will.” Or there is a letter from the new manager requesting a transfer to another organization. If the application states “I request to be dismissed due to the reduction of my position before the expiration of the term,” then the mandatory consent of the employer will be required.
Going to court
Since it is beneficial for the employer to dismiss an employee at his own request, the latter may be subject to psychological pressure. And this is a reason to go to court. Coercion to write a statement will need to be proven. When considering a labor dispute, the court pays attention to the following points:
- What are the reasons for writing a statement - own desire employee or coercion.
- What are the circumstances of its registration?
- How clearly the appeal is written and whether it contains the necessary details.
- What are the worker's intentions?
- What is the dismissal procedure?
If the court finds the termination of the employment relationship illegal, then the manager is obliged to reformulate the grounds for dismissal, as well as make all payments to the employee upon layoff. The option of reinstatement to the previous position with monetary compensation for forced absence is also possible.
Dismissal of a retired employee
When laying off a retired employee, the following payments must be made:
- Compensation for unused vacations.
- Benefit.
- Maintaining average earnings for the duration of employment for no more than two months. If the organization is located in the Far North region, then up to three.
If an employee gets sick while looking for a new job
An employee has the right to submit sick leave to the manager or to the territorial body of the Social Insurance Fund within thirty days from the date of termination of the employment relationship. Sick leave are paid in the amount of 60% of the employee’s average income.
Reduction under a fixed-term contract
According to Article 79 of the Labor Code, this type of contract is liquidated upon expiration of its validity period. The boss must inform the employee within three days and always in writing. Seasonal workers must be given seven days' notice. They are also entitled to benefits in the amount of two weeks' average wage. If, after the expiration date, the contract was reissued as indefinite, then the employee is subject to dismissal on a general basis.
