Dismissal of an employee at his own request. When should there be a settlement upon dismissal of one's own free will

Payment of wages upon dismissalmay require the use of different formulas for settlements with the employee. Let's study them.

Termination benefits: salary balance

The first type of payment upon dismissal is the salary balance. The procedure for calculating it depends on the payroll scheme, which may look different.

With a common time-based scheme with a salary, the calculation of wages upon dismissal will be calculated according to the formula:

SALARY (RESIDUE) \u003d (OKL / RD) × OD) - DEBTS,

OKL - the monthly salary of the employee;

RD - the number of working days in the month for which the salary balance is considered;

OD - the number of days worked, but not paid, including the day of dismissal;

DEBTS - the employee's existing debts to the employer (for example, for unworked advances - on the basis of Article 137 of the Labor Code of the Russian Federation, but subject to the restrictions established by Article 138 of the Labor Code of the Russian Federation).

The calculated balance must be paid on the day the person is fired (Article 140 of the Labor Code of the Russian Federation).

Note that among Russian employers, the use of a unified form No. 61 is common in order to document payroll calculations and other payments upon dismissal.

You can learn more about the application of this unified form in the article.

Dismissal payments: calculate the duration of unused vacation

In most cases, leaving employees have unused vacation days. Their number is determined by the formula:

NDO \u003d YEARS × 28 + 28 / 12 × MONTHS - HOLIDAYS,

NDO - compensation for unused vacation days;

YEARS - the number of full years of work in the company;

MONTHS - the number of months in incomplete years of work in the company;

HOLIDAYS - the number of provided (compensated) vacation days by the time of dismissal.

Moreover, if a person has worked in the company for 11 full months from the moment of signing the employment contract, then it is considered that he has worked for a full year (clause 28 of the Rules on Leave, approved by the USSR Tax Code of April 30, 1930 No. 169).

If the length of service in the company does not exceed 11 months, then the 2nd part of the above formula is used to calculate the number of vacation days:

NDO \u003d 28 / 12 × MONTHS - HOLIDAYS.

If the employee has worked in the company from 5.5 to 11 full months and his dismissal is due to:

liquidation of the enterprise;
downsizing;
reorganization, temporary suspension of work;
conscription of an employee into the army;
inability to work

then the NDO indicator, subject to the conditions specified in clause 28 of the Vacation Rules, will be calculated according to the formula (letter of Rostrud dated 04.03.2013 No. 164-6-1):

NDO \u003d 28 - HOLIDAYS.

Let us now consider how compensation for unused vacation is calculated.

Payment for unused vacation: calculation procedure

Vacation compensation is calculated according to the formula:

PAYMENT (NDO) \u003d NDO × SZ,

SZ - average daily earnings.

The SZ indicator is calculated according to the formula:

SZ \u003d EXP / OD,

ERP - all payments taken into account in the billing period (12 months or a shorter period, starting from the moment the employment contract is concluded and until the moment you go on vacation or dismissal), not counting the exceptions established by paragraphs. 3 and 5 of Decree of the Government of Russia dated December 24, 2007 No. 922;

OD - the estimated number of days worked in the billing period.

The OD indicator is calculated according to the formula:

OD \u003d MES × 29.3 + ODNM / KDNM × 29.3,

MES - the number of full months worked in the billing period;

ODNM - the number of days worked in incomplete months of labor activity in the billing period;

KDNM - the number of calendar days in incomplete months of labor activity.

Instead of receiving the compensation in question, the employee has the right to go on paid leave with subsequent dismissal (Article 127 of the Labor Code of the Russian Federation). In fact, the difference between compensation and paid leave comes down only to the time period for the employee to receive payment of wages upon dismissal. With compensation, as in the case of paying the balance of wages, this is the last day of work (Article 140 of the Labor Code of the Russian Federation), with vacation - 3 days before the vacation (Article 136 of the Labor Code of the Russian Federation).

Dismissal during holidays without pay: the nuances

It is possible that the employee used unpaid leave during the period of work - the dismissal in this case can be compensated under special conditions.

The fact is that the days of vacation at one's own expense, starting from the 15th day of such a vacation in the working year, are not included in the length of service used in determining the duration of the vacation (Article 121 of the Labor Code of the Russian Federation). This means that with a sufficiently long vacation at your own expense, in the formulas we have considered above, the indicators can change significantly.

For example, the indicator YEARS in the first formula for calculating the duration of compensated leave will be applied only if a person has worked for at least 1 working year (at least 11 months from the date of signing the employment contract). If a person worked just that much, but at the same time took 15 days of vacation at his own expense, then 1 month will not be taken into account. This will reduce the number of days of unused vacation paid upon dismissal.

For example, an employee worked 10 months but took 16 days of unpaid leave. The number of days of unused vacation for calculating compensation upon dismissal will be 21 days (28 / 12 × 9).

Severance pay calculation

Severance pay upon dismissal is generally not paid. But the law provides for its registration in the following 4 situations.

1. When the benefit is paid in accordance with an agreement between the employer and the employee.

The amount of such benefit is determined in the agreement itself. At the same time, the employer has the opportunity to successfully challenge its too large amount, despite the preliminary consent to the payment (appeal ruling of the Moscow City Court dated February 18, 2014 No. 33-3069).

2. When the allowance is assigned in case of downsizing or liquidation of the enterprise.

The amount of such benefit is 1 average monthly salary. This payment is in addition to:

another monthly salary if the person does not find a job within a month after the dismissal;
monthly earnings after 2 months after the dismissal, if the person applied to the employment center (within 2 weeks after the dismissal), but was not employed by him.

3. When the allowance is paid in the amount of 2 weeks of earnings, if the dismissal occurred due to the reasons mentioned in Art. 178 of the Labor Code of the Russian Federation. For example, due to:

deterioration in the health status of an employee;
conscription into the army;
return to work of the replaced employee;
refusal of an employee to transfer when the employer moves to a remote area.

4. When the allowance is provided in the amount of the average monthly earnings in the event that a person quits due to a violation by the employer of the rules for concluding an employment contract - in the manner prescribed by Art. 84 of the Labor Code of the Russian Federation.

Benefits are paid, which can be calculated at the time of dismissal, together with the balance of the salary and compensation for unused vacation. The second and third payments under the reduction allowance are made in agreement with the employee (based on the documents provided by him certifying the legitimacy of receiving such payments).

Results

Upon dismissal, the employee is almost always paid the balance of the salary, in most cases - compensation for unused vacation, in many cases - severance pay. The amounts available for calculation for each type of payment are transferred to the employee on the day of dismissal.

You can learn more about settlements upon dismissal in the articles:

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An important point when dismissing an employee is summarizing the financial results of his labor activity with the employer and the final payment of earnings before his departure. The calculation must be carried out in strict accordance with the requirements of the law, so as not to infringe on the rights of the employee and not to create a disputable situation later, which will be resolved in court. How to calculate an employee upon dismissal will be discussed in this article.

What is required for an employee upon termination?

As a rule, the last estimated amount that an employee receives before dismissal may contain various types of cash payments. Their composition and size may depend on the reason for the dismissal of the employee, the total length of service and the employer, the period worked without vacation, and so on. Here are the main ones:

salary for the last month worked,
compensation for vacation that was not used by the employee due to dismissal,
severance pay (both established by law and internal local acts of the employer).

In addition, the total amount of payments can be reduced by the amount of various deductions. Among them:

deductions for unworked vacation days,
deductions for advances received.

Please note: the terms of calculation upon dismissal of an employee are strictly established by law - the calculation must be made on the day the employee is dismissed. The day of dismissal, we recall, is the last day of work.

Salary for the last month worked

Upon dismissal, the employee receives wages for the days actually worked by him in the month of dismissal. Accordingly, all compensation payments and additional payments for the days worked by the employee should be included in the last salary. But the situation is somewhat different with premiums.

The award, according to labor legislation, is the encouragement of an employee for his conscientious work. The decision to pay a bonus is made by the employer on the basis of an internal local act, for example, the Regulations on bonuses (material incentives). This local act should contain the answer to the question: is a bonus due upon dismissal of an employee. In addition, the employee must be familiarized with such a provision against signature even when hiring or at the time of issuing a new version of such a document. At the same time, not every employer prescribes in the regulations the norms that allow solving this issue.

So that this situation does not become controversial and is not submitted to the court, which of course will not be pleasant for either the employee or the employer, it is necessary to proceed from the following. It often happens that the employer hides the actual wages paid behind the bonus. In this case, the benefit, according to some employers, may lie in the fact that in the event of a crisis period and a significant deterioration in the financial situation, the employer may refuse to pay the bonus, arguing that the payment of bonuses is his right, not his obligation. You can also refuse to pay a bonus to employees who, for some reason, have become objectionable to the employer. That is, the employer reserves the right to actually reduce the wages of the employee unilaterally. Which of course is illegal.

Labor law does not give the employer such a right. Since such actions are illegal, this circumstance makes it possible to appeal against the non-payment of the bonus, including the one not paid in connection with the dismissal, in court. Understanding this fact, it is better for the employer and the employee to agree in advance so that this issue does not have to be resolved in court.

Compensation for unused vacation

The calculation of the employee upon dismissal must necessarily include compensation for the unused vacation by the employee during the period of his employment. Naturally, if this vacation was not taken in advance. Which is rare, of course, but it does happen sometimes. Another situation in which compensation for unused vacation days is not paid to the employee is when the employee, at his request, is granted leave before dismissal. In this case, of course, he receives vacation pay. In this case, the day of dismissal will be the day that falls on the end of the vacation.

Please note: vacation pay must be paid to the employee three days before the start of the vacation, while compensation for unused vacation must be paid on the last day of work - the day of dismissal.

Compensation is paid both for unused vacations provided for by law (basic and additional), and for those provided for by the internal local regulations of the employer.

Severance pay upon dismissal

In cases where the employer is the initiator of the dismissal, the dismissed employee, according to labor legislation, is entitled to severance pay. The Labor Code of the Russian Federation determines the minimum (and in some cases the maximum) amount of such payment, depending on the grounds for dismissal.

The legislation provides for the mandatory payment of benefits in the following amounts:

two week average salary
one average monthly salary,
three average monthly earnings.

The basis for the payment of average monthly earnings is the dismissal of an employee for the following reasons:

relocation of the employer to another locality and the corresponding refusal of the employee to follow him,
changing the working conditions determined by the employment contract and the corresponding refusal of the employee to continue working in the new conditions,
revealed, in accordance with the medical report, the need to transfer the employee to another job and the corresponding refusal of the employee to transfer,
revealed, in accordance with the medical report, the inability of the employee to work,
conscription for military (or alternative civilian) service of an employee,
reinstatement of a previously employed employee,
dismissal of a seasonal worker in connection with the liquidation of the organization or the termination of the entrepreneur's activities by reducing the staff or number of employees.

A benefit in the amount of one average monthly salary is due to an employee upon dismissal in the following cases:

liquidation of the organization or termination of the activity of the entrepreneur,
downsizing, or the staff of an organization, or an entrepreneur,
violation of the rules for concluding an employment contract with an employee, if such a violation is not the fault of the employee himself.

An allowance (compensation) in the amount of at least three months' allowance is established in the following cases:

managers when the authorized body decides to terminate the contract,
managers, their deputies and chief accountants in the event of a change in the ownership of the organization's property.

In the second case, it is worth noting that a change of ownership is possible only in unitary organizations - in Russian law, these include, for example, legal entities with the legal form of SUE, MUP - state and municipal unitary enterprises. In joint-stock companies (JSC) or limited liability companies (LLC), the property belongs to the company itself and the change of the owner of the organization is impossible by law. A change in a major shareholder, for example, is not a change in ownership.

Deductions from the wages of the dismissed employee

The calculation of an employee upon dismissal is often impossible without a deduction from his salary. In most cases, we are talking about withholding part of the payment for the vacation provided in advance. In order to determine the amount of deduction, you need to establish the number of months worked by the employee for the working year, on account of which the vacation was granted. From the twelve months of the working year for which he was granted leave, the months worked by the employee are deducted.

Accordingly, deductions from wages upon dismissal can be made on general grounds. To pay off an unworked advance payment issued on account of wages, an advance payment received in connection with a business trip, but not spent, and so on.

Note-calculation upon dismissal

In order not to be mistaken in the calculations and correctly calculate the amount of the final payment upon dismissal to the employee, it is necessary to fill out a note-calculation. The standard form of such a document is established by the Decree of the State Statistics Committee. She was assigned the number T -61.

The note “calculation” is filled out on two pages by the inspector of the personnel department, or by another official in charge of personnel documentation and an accountant. Approval of the calculation by the head or individual entrepreneur is not required. The HR officer fills out the first page of the calculation, which is also the title page. It reflects all the data that allows the accountant to make the necessary calculations, in particular the day of dismissal and the number of days of unused vacation or vacation taken in advance. The days of unused vacation and the days of vacation that was provided in advance are determined on the basis of the employee's personal card.

Using this data, and the information on wages that is available in the accounting department, the accountant already determines the final amount to be paid to the employee.

If at the time of dismissal between the employee and the employer there is a dispute about the amount of the amount paid upon dismissal, then the employee must be paid the undisputed amount. Otherwise, give him the opportunity to resolve the issue in court.

The term for payments upon dismissal is the last day of work (Article 140 of the Labor Code of the Russian Federation). If the employee did not work on the day of dismissal, then the issuance period is the day following the day the employee applied for the calculation. Failure to pay wages upon dismissal is punishable for the employer. Art. 236 of the Labor Code of the Russian Federation establishes the obligation of the organization, in case of late payment, to pay the employee compensation, which is equal to 1/300 of the current refinancing rate of the Central Bank of the Russian Federation (currently it is 8.25%) for each day of delay.

To determine the amount of compensation due, you must use the following formula:

K \u003d R: 100% x 1/300 x ∑ x D, where:
K - the amount of compensation;
R - refinancing rate;
∑ - amount of debt;
D is the number of days past due.

Upon dismissal, the employee must pay:

salary for actually worked days;
13 salary (if prescribed in the collective agreement or in the provision on bonuses)
compensation for vacations not used by the employee (Article 127 of the Labor Code of the Russian Federation);
severance pay (upon liquidation of an organization and downsizing) (Article 178 of the Labor Code of the Russian Federation).

Calculation of wages upon dismissal

The calculation of wages also depends on the form of remuneration at the enterprise. It is made for all the days worked by the employee, while the day of dismissal is also included in the calculation. 13 salary is determined in proportion to the months that were worked out in the current year.

Calculation of compensation for unused vacations

To determine the amount of compensation for unused vacations by an employee, you should use the following formula:

Kotp \u003d Zav.dn. x Notp, where:
Notp - the number of vacation days unused by the employee is determined by:
Notp = 2.33 x Nmonth, where
Nmonth - the number of months worked for which vacation was not granted.

A month worked more than half is taken into account.

Zsr.dn - the average daily salary, is determined by:
Avg.days = Year: 12 x 29.4, where
Year - the employee's income for the calendar year preceding the month of dismissal.

Payment of severance pay upon dismissal

In case of liquidation of an organization (clause 1, part 1, article 81 of the Labor Code of the Russian Federation) or in case of staff reduction (clause 2, part 1, article 81 of the Labor Code of the Russian Federation), the employee is obliged to pay:

severance pay - one average monthly salary, issued on the day of dismissal;
allowance for the period of employment - in the amount of one average monthly salary. Severance pay is issued two months after the dismissal;
allowance for the period of employment - one average monthly salary, provided that the employee applied to the labor exchange within 14 days, but was not employed. In this case, the organization is obliged to pay benefits for the third time. The employee must present, in addition to the work book, an additional certificate from the employment service. In the northern regions, the average monthly earnings remain until six months of non-employment.

Non-payment or delay of salary upon dismissal

If the employer violated the deadlines for paying wages upon dismissal, as well as other prescribed payments, then the employee has the right to apply to the labor inspectorate (Article 356 of the Labor Code of the Russian Federation), the prosecutor's office or the court with a statement. So that the employer does not have grounds to declare that the employee himself did not appear for the calculation, it is necessary to contact him with a claim before applying to the justice authorities. Indicate in it: the date of dismissal, that they did not pay salaries and other payments, and the intention to apply to the courts of justice. It is written in two copies, one for the employer, and the second with the incoming registration number for the employee. Also, the claim can be sent by registered mail with notification. The labor inspectorate is obliged to consider the complaint within 30 days (clause 1, article 12 of the Federal Law No. 59).

Deadlines for filing a complaint with the justice authorities from the moment you receive a work book or a copy of the dismissal order:

to the labor inspectorate - no later than three months (

(in other words, at the initiative of the employee) is one of the most common grounds for terminating an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because you cannot force a person to work against his will. However, there are certain rules that must be followed when leaving at will.

The procedure for dismissal at will

The procedure for dismissal at will involves, first of all, the employee writing a letter of resignation. The application indicates the date of dismissal and its grounds (“of one's own free will”), it must be signed by the employee indicating the date of compilation.

Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require resigning, then the reason must be indicated, in addition, personnel officers may be asked to document it. In other cases, the phrase "I ask you to dismiss me of your own free will on such and such a date" is sufficient.

After the application for dismissal is transferred to the personnel department, a dismissal order. Usually, a unified form of such an order is used (), approved by the Resolution of the State Statistics Committee of 01/05/2004 No. 1. In the order, it is necessary to make a reference to the Labor Code of the Russian Federation, as well as provide the details of the employee's application. The employee must be familiarized with the order of dismissal against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document.

Terms of dismissal at will

According to the general rule enshrined in, the employee must notify the employer of the upcoming dismissal no later than two weeks in advance. This period begins on the day after the employer receives the letter of resignation.

However, the so-called two-week working period can be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the period of notice of dismissal. He can go on vacation, sick leave, etc., while terms of dismissal will not change.

There are statutory exceptions to the general rule of a two-week working off. So, upon dismissal during the trial period, the notice period for dismissal is three days, and upon dismissal of the head of the organization - one month.

Calculation upon dismissal of one's own free will

Calculation upon dismissal of one's own free will, as well as on other grounds, must be made on the day of dismissal, that is, on the last day of work. Calculation of severance involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for by the collective and labor agreements. If the dismissed employee used the vacation in advance, the paid vacation pay is recalculated, the corresponding amount is deducted from the salary in the final calculation.

If the employee was absent from work on the day of dismissal and could not receive the calculation, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the appeal.

Voluntary dismissal during vacation

Retire voluntarily while on vacation the law does not prohibit. Such a ban is provided only for dismissal at the initiative of the employer. The employee has the right to write a letter of resignation while on vacation, or to attribute the date of the proposed dismissal to the vacation period.

If an employee wants to apply for resignation while on vacation, it is not required to recall him from vacation

Also, an employee can quit at his own request after using the vacation. Note that the provision of leave with subsequent dismissal is a right, not an obligation of the employer. If such leave is granted, the day of dismissal shall be considered the last day of the leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day preceding the start of the vacation. On this day, the work book should be issued to the employee and all necessary payments should be made. This is a kind of exception to the general rule given, confirmed.

Voluntary dismissal during sick leave

Resign at will while on sick leave can. prohibits such dismissal only at the initiative of the employer.

An employee has the right to apply for dismissal during a period of temporary disability. A situation may also arise when the previously agreed date of dismissal falls on the sick leave period. In this case, the employer will issue the dismissal on the day specified in the application for dismissal, provided that the employee has not withdrawn this application. The employer is not entitled to independently change the date of dismissal.

On the last day of work, even if it falls during the sick leave period, the employer makes the final payment, issues a dismissal order, in which he makes a note about the absence of the employee and the inability to familiarize him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him

Termination of an employment contract with an employee is always associated with a number of mandatory procedures for the management of the enterprise, and first of all, it entails the need to make a settlement upon dismissal. At the same time, the final amount should reflect not only wages for the days worked by the employee, but also compensation payments, including for unused vacation. In addition, depending on the reason for the dismissal, the employee may be paid severance pay at the time of settlement.

The Labor Code of the Russian Federation provides that in some cases the employer must transfer additional payments to the employee upon dismissal. According to Art. 178, severance pay is paid in the event of:

liquidation of the enterprise;
layoffs;
the employee's disagreement to continue working in the event of a significant change in working conditions, transfer to another position or to an enterprise located in another area;
conscription of an employee into the army or his transition to an alternative service;
inability to continue work for health reasons.

The amount of severance pay depends on the reason for which the employee was fired, and can range from 2 weeks' wages to two (and sometimes three) months. If the employee was not paid upon dismissal or the amount due to him was not paid in full, this may entail bringing the employer to liability. The employee has the right to go to court and demand not only the amount due to him, but also compensation for its deduction (Article 236 of the Labor Code of the Russian Federation).

This procedure requires additional costs associated with the conduct of the trial. If it is proved that the calculation upon dismissal was not paid on time due to the fault of the employer, then he will not only bear financial responsibility, but may also be held administratively or criminally liable. However, the decision of the issue through the court is a rather lengthy procedure. Therefore, it is better to resolve the question in advance: “How to get settlement after dismissal?”.

Retirement payouts

The termination of employment relations between the employee and the employer provides for the production of a full settlement between them. The amount of transfers depends primarily on the article under which the dismissal occurs and whether it provides for the payment of compensation. In general, an employee can count on:

payment for actually worked days for the current reporting period;
recalculation for unused vacation days for the entire period of work;
severance pay (if in this situation it is provided).

When accruing settlements, wages are taken into account upon dismissal, together with all allowances due to the employee.

The legislation establishes strict requirements regarding the procedure for paying the calculation upon dismissal, as well as the time frame in which the enterprise must transfer the funds due to the employee. In accordance with Art. 84.1 and Art. 140 of the Labor Code of the Russian Federation, a full settlement with a dismissed employee must be made on his last working day. If, for some reason, the employee did not work on the day of settlement, then payment after dismissal is made no later than the next day from the moment the request for settlement is received from him.

In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the terms for paying wages, including when an employee is dismissed, he is liable in the form of monetary compensation for each day of delay. It should be noted that the employee, when applying to the court, also has the right to demand that the amount of debt be indexed according to the current inflation rate.

In addition, the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. In accordance with it, an individual entrepreneur or an official who is guilty of violating the terms of calculation upon dismissal will receive a fine of up to 5 thousand rubles. For legal entities, the amount is more significant - from 30 to 50 thousand rubles. In case of repeated violation, an increase in the amount of the fine or a ban on employment in a managerial position is provided. To bring the employer to administrative responsibility, the employee must contact the GIT department operating in the territory where the enterprise is located.

In especially severe cases, with a long delay in wages (from 3 months if part of it is not paid and from 2 months if the entire amount is withheld), the employer may be held criminally liable in accordance with Art. 145.1 of the Criminal Code of the Russian Federation. At the same time, a fine may be imposed on him with a ban on holding leadership positions, involvement in public works or imprisonment for up to 3 years.

It is important to take into account that criminal liability provides for the presence of mercenary intent in withholding wages. Therefore, a person can be involved in it only after it has been proved that he has a personal interest in keeping the calculation upon dismissal. For example, the director of an enterprise delayed payments in order to misuse them.

Compensation for unused vacation upon dismissal

When money is paid upon dismissal, it is necessary to pay attention to an important point: when calculating compensation for unused vacation, it is not the calendar year that is taken into account, but the worker starting from the day the employee is employed. The calculation is based on the average daily earnings of the employee, multiplied by the number of vacation days due to him. It is important to take into account that from this amount, in accordance with the current legislation, all mandatory deductions, as well as income tax, must be paid.

If the employee has a debt to the enterprise, the amount of debt is deducted from the amount of payments when calculating. The debt also includes vacation days taken on account, but actually not worked days of rest. To carry out such a deduction, it is necessary to calculate the actual hours worked in the current year.

Withholding for unworked vacation days is not made if:

the company is liquidated;
the employee is calculated due to the impossibility of continuing work for health reasons and refused to be transferred to another position;
the worker was drafted into the army;
the dismissal of the head or accountant is carried out in connection with the change of the owner of the enterprise;
a former employee was reinstated to the position occupied by an employee (through a court or by decision of the labor inspectorate);
the employer - a private person, was declared missing in the prescribed manner or died;
dismissal occurs for reasons beyond the control of the parties or due to force majeure.

Let us consider in more detail how the employee is calculated upon dismissal, the timing of its implementation. Ivanov, an employee, worked at the enterprise for 4 years, after which he wrote a letter of resignation of his own free will. In this case, he is not paid severance pay or other additional payments. To make the final calculation, the accountant needs to calculate the amount of wages for the actually worked and unpaid time, and also take into account vacation compensation.

Ivanov's monthly salary at this enterprise is 20 thousand rubles. There are 22 working days in total this month. Accordingly, his daily earnings are 909.09 rubles (20 thousand rubles / 22 days). This month he worked 17 days. This means that for the time actually worked, he should be credited with 15,454.53 rubles. From this amount, all deductions required by law are made.

Since the beginning of his current working year, 2 months have passed, vacation days for which he did not use. According to the rule approved by law, in general terms, it is considered that for the month worked, the employee receives 2.33 vacation days. Based on this, about the final calculation upon dismissal of employee Ivanov is as follows: 2.33 x 2 (months worked) x 909.00 (daily earnings) = 4236.36 rubles. In total, he should be paid: 4236.36 + 15454.53 = 19690.89 rubles "

Documents upon dismissal

According to Art. 84.1. Labor Code of the Russian Federation, the termination of labor relations between an employee and an employer is formalized by an appropriate order or instruction. This document must be drawn up in accordance with the requirements for the preparation of personnel documentation approved by the State Statistics Committee, in the form of T-8 and T-8a.

The employer is obliged to familiarize the employee with the order under the signature. The employee has the right to demand a duly certified copy of this document. If, for objective reasons, it is impossible to familiarize the employee with the order to terminate the employment contract, or he refuses to sign the document, a corresponding note is made on the order.

On the day of dismissal, the employer must not only make a full settlement with the employee, but also transfer the necessary documents to him:

work book;
certificate of form 2-NDFL;
certificate of the amount of earnings for the calculation of benefits;
duly certified documents related to the employee's performance of his labor functions (at his request).

Particular attention of the staff of the personnel department must be paid to the timeliness of the issuance of a labor former employee. The legislator does not allow the retention of this document at the enterprise. If it is impossible for the employee to hand it over on the day of calculation, or he refuses to receive it, then the employer is obliged to send him a notification about the need to come to the enterprise for it or agree to send it by mail. After sending such a notice, the employer is released from any responsibility for withholding the work book.

After receiving a written request from a former employee for the transfer of labor after dismissal, an authorized official of this enterprise must transfer this document to him no later than three days from the date of application.