When must payment be made upon dismissal according to the law?

20.10.2019
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6 min.

Termination of a contract may be required for various reasons. The Labor Code of the Russian Federation regulates dismissal as a clear situation agreed upon at each stage. From a legal point of view, the cancellation of an employment contract is one of the most complex processes relating to working relationships. Especially if there are additional circumstances (initiative of the manager, classification of the employee as a socially protected category of citizen, pre-retirement age, etc.).

What does the general dismissal procedure include?

Despite the variety of grounds for termination of employment relations in the Labor Code of the Russian Federation, the procedure for dismissing an employee is generally identical for all cases. It includes:

Obtaining documents - grounds for dismissal.
Issuance of a dismissal order.
Registration of entries in the work book, personal card of the employee.
Preparation of documents for issuance and calculation of settlement payments.
Familiarization of the employee with the order and entry in the work book, personal card.
Issuance of all documents required upon dismissal.
Transfer of the final payment to the departing employee.

In addition, in a number of situations, the employer needs to take additional steps related to documenting the employee’s dismissal.

Termination of an employment contract at the initiative of the employee

Such termination is regulated by Article 80 of the Labor Code of the Russian Federation, and is, in fact, dismissal at one’s own request. An employee can submit an application for consideration at any time. But he will be able to finish the work only in 2 weeks, and being a manager, in a month. The reasons for filing an application can be any, but the work deadlines will not be met if:

the employee is enrolled in an educational institution;
receives a pension;
moves;
the employer violates the Labor Code;
the employee has the right to avoid working time.

During this time, the employee has the right to change intentions and withdraw the application. In this case, he can be left at the enterprise if the vacancy is still available, but the new employee can still be refused admission. If the dismissal does take place, the employer is obliged to pay the employee by giving him documents and all payments due on the last day.

An employee who has not withdrawn the application, but has not received a payment and does not insist on dismissal, is considered to continue working. His statement then becomes invalid.

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How documents are prepared - grounds for dismissal

The number and complexity of preparing documents proving that dismissal from work was carried out lawfully depends on the reason for termination of cooperation. Thus, for a worker to leave on his own initiative, one application , but separation due to layoffs or theft committed by an employee requires the preparation of a whole package of documentation.

The final decision on dismissal from the organization is made only after receiving the necessary documentary justification.

Important
When legal disputes arise, they always check for evidence of lawful termination of the employment relationship, including supporting documents.

Dismissal due to health reasons

If the condition of an employee’s body, supported by an appropriate medical document, does not allow him to occupy his previous position, he has the right to apply for a transfer to a place that meets his capabilities. If such a transfer is not possible in this organization, then according to Article 77, paragraph 8, the contract is terminated. The package of documents required for this must contain:

medical documentation confirming the employee’s condition;
transfer application signed by the employee;
documents confirming the absence of a suitable vacancy;
refusal to transfer if the vacancy was nevertheless offered and considered unsuitable.

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The procedure for issuing a dismissal order

The formation of an order for the relevant types of dismissals occurs only after receipt of the supporting documents.

There is no standard approved form for a dismissal order. Usually they use a free form of their own design or a standard form No. T-8 or T-8a.

The dismissal order must include:

name of the enterprise;
date and serial number of registration;
details of the employment contract to be terminated;
Full name, position of the outgoing employee and name of the department where he worked;
date of termination of the employment relationship;
a clear formulation of the grounds for dismissal in accordance with the Labor Code of the Russian Federation;
a link to the details of the document used to dismiss an employee by the employer.

The most important of these details is the basis for terminating the employment contract. In addition to completely duplicating its text from the Labor Code of the Russian Federation, it must contain a link to the corresponding article.

In addition, it is very important that the text of the order contains an indication of the details of the documents that served as the basis for its issuance. This also serves as additional evidence of the legality of the employer’s actions.

The general dismissal process requires that the employee familiarize himself with the order on the day of dismissal . To do this, it must have a special signature field. If the employee did not show up at work on the last working day or refused to familiarize himself, the personnel service employee makes a corresponding note in the order and puts his signature.

“Acquainted, refused to sign.”

Important
In case of dismissal due to disciplinary action, one mark is not enough. It is necessary to additionally draw up an act of the commission on refusal to familiarize itself.

Dismissal at your own request

This aspect is regulated in Article 78 of the Labor Code of the Russian Federation. Termination of the contract by agreement of the parties begins with the employee submitting an application asking to be dismissed under Article 77 of the Labor Code of the Russian Federation. The wording “agreement of the parties” is preferable to voluntary dismissal. Especially if the employee’s next step is to register as unemployed. In this case, his benefit will be based on the salary that was assigned to him at his last place of work.

The termination agreement is essentially an addendum to the employment contract. It can be signed by both the employer and his authorized person - the HR department inspector. Such an agreement implies the absence of material claims between the parties to each other.

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The procedure for obtaining a work book and personal employee card

Starting from 2021, employees are given a choice: to continue to keep a work record book in paper form or to prefer its electronic form. In this regard, the dismissal procedure includes some features of the preparation of such documentation:

when leaving a paper version of the work book, records of dismissal are entered into it on the last working day , after which it is issued to the employee leaving the organization. At the same time, they enter information into the digital register of information about labor activity and no later than 1 day following the date of execution of the order, send the SZV-TD report to the Pension Fund of the Russian Federation;
when choosing the electronic option, information about the termination of the employment contract is entered into the electronic register, the employee is given the STD-R form on the date of departure and the SZV-TD report is sent to the Pension Fund of the Russian Federation within the same time frame.

The general procedure for preparing a paper work book is regulated by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69. So, if you need to make an entry reflecting the dismissal of an employee from the company, you need to indicate the following information in Section 3 “Work Information”:

in column 1 - enter the serial number of the entry;
in column 2 - indicate the date of termination of cooperation;
in column 4 - indicate the reason why the employee was dismissed according to the Labor Code of the Russian Federation in strict accordance with the wording from the applicable article and a reference to it;
in column 5 - provide the details of the dismissal order.

As an algorithm for making an entry in column 4, you can use:

for dismissal for guilty actions or for reasons beyond the control of the parties:

“The employment contract is terminated due to...” + a copy of the order line with the grounds for dismissal.”

Example 1
“The employment contract was terminated due to a reduction in the organization’s workforce, paragraph 2 of part one of Article 81 of the Labor Code of the Russian Federation.”
Read also: If you work for half a year and quit, you will be paid vacation pay

for dismissal at your own request and by agreement of the parties:

“The employment contract is terminated/terminated by...” + text from the order line with the grounds for dismissal.”

Example 2
“The employment contract was terminated at the initiative of the employee, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation.”

The record of dismissal at the request of the employer, employee or other reasons must be certified by the employee who made it. To do this, he puts the name of the position, his signature, transcript and seal (if available).

The preparation of electronic information about work activity is generally similar to the procedure for the paper version of the book. To do this, fill out the SZV-TD form for the Pension Fund in accordance with the resolution of the Pension Fund Board dated December 25, 2019 No. 730p:

first, data about the organization is entered into the report - registration number in the Pension Fund of the Russian Federation, full and short name, tax identification number, checkpoint;
then indicate the employee’s details - full name, date of birth, SNILS;
enter the reporting period in which the dismissal was carried out;
fill out the tabular part, similar to the form of a paper work book (with minor differences): in column 3 indicate the code of information about the past personnel event - “DISIGNAL”;
in column 4 the position of the person being dismissed is given.

The STD-R form is issued to the employee on the day of dismissal. In terms of structure and registration procedure, it completely duplicates the SZV-TD form. However, it contains information not only about the last personnel event, but about the entire work activity of the employee during the period of work in the organization .

In addition, the entry from the work book must be duplicated in Section IX “Grounds for termination of an employment contract (dismissal)” of the employee’s personal card (provided that they use the unified form No. T-2).

The employee must sign the card.

Reasons for leaving in 2021

When dismissing an employee at his own request, no problems arise. If the initiator of dismissal of an employee is the employer, then in this case the procedure is more complicated. The employer must have valid reasons and grounds to initiate dismissal proceedings.

It is clear that no one can be fired without reason, even because of age or gender. All the reasons why an employee can be dismissed at the initiative of the employer are specified in the Labor Code, and discrepancies with the legislative framework are unacceptable.

Important terms of an employment contract in 2021 – what employees and employers should pay attention to

So, all the reasons for dismissing an employee on his own initiative in 2021:

The employee’s own desire to terminate the employment relationship at this place.
Inability to continue working (for example, citizens of pre-retirement age).
Retirement.
Enrollment in an educational institution (for example, full-time).

The dismissal of an employee can also be by mutual agreement of the parties to the employment relationship:

Settlement agreement between employee and employer.
For reasons beyond the control of both parties.

Grounds for dismissal of an employee at the initiative of the employer in 2020:

Liquidation of this organization.
Reduction of staff in the organization.
Violation of official obligations by an employee.
Unsatisfactory results of employee certification, inconsistency with the position held.
Loss of trust in an employee due to negligence or malicious intent in working with material assets.
Offenses in the workplace - theft, damage to property, being at the workplace in a state of alcohol or any other intoxication, systematic tardiness and absenteeism, and other offenses.

The employer must keep in mind that all employee offenses must be correctly recorded . For this purpose, the immediate supervisor of this employee draws up an official note, as well as an act of violation. The employee must write an explanatory note explaining the reasons for his misconduct.

If there are no good reasons for what has happened, then the employer can subject the employee to disciplinary action, the most severe type of which is dismissal.

Registration of accruals and settlements with employees

The employee needs to calculate his salary on the day of dismissal (part 4 of article 84.1, part 1 of article 140 of the Labor Code of the Russian Federation). The composition of the payments included in it is influenced by the type of dismissal and local acts of the company. It may change for each specific case .

Salaries are calculated on the basis of data from time sheets, piecework orders, shift assignments, reports on achieving bonus indicators, and orders from the manager to assign additional payments.

Calculations are drawn up in the form of a calculation note, for which there is no approved unified form. In practice, companies use form No. T-61, approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1. Although it is not legally prohibited to use the form of your own design. It states:

name of company;
Full name, position, department of the person being dismissed;
details of the employment contract to be terminated;
date of dismissal;
grounds for dismissal;
number of days of unused vacation;
salary amount to calculate average daily earnings for vacation compensation;
average daily earnings and total amount of compensation for vacation;
composition and amount of accruals due to the employee;
composition and amount of deductions (if any);
the total amount to be paid.

At request , he must be provided with a copy of the calculation note .

All amounts are paid on last working day.

Composition, procedure and timing of issuance of documents upon dismissal

On the last working day, the dismissed person must receive a certain list of documents related to his work. It is mandatory to issue:

work book or form STD-R;
extracts from personalized reporting containing only information relating to a specific employee - SZV-M, SZV-STAZH, section 3 of the RSV, DSV-3 (if there are contributions to the funded part of the pension);
certificate of earnings for accrual of sick leave - in the form approved by Order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n.

Upon written request from an employee, the employer is obliged to provide him with:

an extract from the dismissal order;
certificate of income and taxes paid (former 2-NDFL);
a certificate of average earnings for the last 3 months for the employment center;
other documents related to his work activity.

Important
In order to confirm the issuance of the required documents, it is better to record their provision in a special inventory or journal, in which the employee puts his signature.