An employee has the right to apply to the employer to resign on his own initiative. In this case, the law obliges him to work for 2 weeks, but the parties to the labor relationship can agree on a shorter period of work. On the day determined by the parties to the employment contract, the employer is obliged to make a full settlement with the resigning person.
In this article we will talk about what payments are due to employees who resign in accordance with Article 80 of the Labor Code of the Russian Federation.
What payments are due?
The pay slip that the employee receives must take into account the following points:
- the number of days worked not yet paid;
- bonuses and allowances (counted proportionally);
- compensation for periods of unused vacation.
Moreover, if an employee worked at the company for several years and did not take the required annual leave, he will receive compensation only for the last 2 years worked .
The rest of the time will not be compensated.
Each employee must take care of such payments at the end of the year by submitting an application for the due compensation.
Calculation of payments
1. Calculate wages for a month not fully worked using the following formula:
Salary per month: number of working days × number of days worked
2. Calculate compensation for vacation based on average daily earnings for the annual period preceding the month of dismissal.
The total income (including bonuses and allowances) is divided by the number of fully worked months and a coefficient of 29.3. The resulting value is multiplied by the number of allotted vacation days.
Salary for 12 months: (12 × 29.3) × number of vacation days
Let's look at an example:
Inchenko T.P. worked at the company for five years. She applied for voluntary resignation effective August 7, 2015. The employee did not take her allotted leave last year. This year she worked for 7 months. The employee's salary is 20,000 rubles.
We calculate payment for days worked per month. She has a total of 24 work shifts. She worked five. There were no bonuses or additional payments. Divide the salary by 24 and multiply by 5:
20,000: 24 × 5 = 4,166 rubles
Vacation compensation. For the past year - 28 days, for the current year - 28 days: 12 months × 7 months = 16 days 28 + 16 = 44
We calculate the average daily earnings. The accounting period is 12 months. There were no exclusion periods (the employee was not on sick leave, on vacation, etc.). The total income for the year, including bonuses, was 260,000 rubles. We divide this amount by the number of months worked and 29.3. It turned out to be 739.47. We multiply the average daily earnings by 44 days = 32.536 = the amount of compensation for vacation.
166 rubles + 32,536 rubles = 36,702 rubles minus 13% tax - payment to Inchenko T.P. on the day of dismissal.
If the organization provides for the payment of the thirteenth salary, then it is also taken into account when calculating the amount due to the employee upon dismissal.
Example:
Ilyin T.T. wrote a letter of resignation effective September 14th. The company pays 13 salaries, the amount of which is 15,000 rubles for Ilyin.
When calculating the final payment amount, the accountant will accrue 10 working days worked, vacation compensation, plus: 15,000: 12 × 8 = 10,000 rubles (additional salary in proportion to the number of months worked).
If there are no unused vacation days, compensation is simply not paid.
If an employee, in agreement with management, took vacation early (in advance), upon dismissal, vacation pay will be deducted from the amount of payment for days worked in the current month.
For example:
Employee of the marketing department of Yantar LLC Anisimov E.E. submitted his resignation effective October 26, 2015. In August, he used twenty-eight days of vacation for the working year from January 21, 2014 to January 21, 2015.
The billing period is from October 2014 to September 2015. The accountant calculated
The average daily earnings was 960 rubles. For work worked in October 2015, the employee was accrued 27,480 rubles.
The employee worked for 9 months, 5 days in the new year. Only fully worked months are taken into account - 9. Unworked months - 2.
The following amount must be withheld from the employee: 960 × 2 (months) × 28 days: 12 months = 4,480 rubles.
An employee can resign immediately after a vacation. The application must be submitted in advance or during vacation.
But accepting such a statement is not the employer’s responsibility. He has the right to refuse!
For example:
An employee of Voyage LLC worked at this enterprise for two years and 6 months. Twice she took 28 days of leave, and took part of the next leave (14 days) right before the day of dismissal, in agreement with her superiors.
The amount of payments upon dismissal will consist only of payment for the last unpaid period.
Let's sum it up
As you can see, payment of funds upon dismissal at one's own request must be made by the employer legally. However, you should not blindly trust your former bosses; unfortunately, today there are many unscrupulous organizations that are ready to break the law in order to save on payments to employees. Therefore, we advise you to learn to use the completely understandable formulas we described above. Provided that you master them, you will be able to independently monitor whether the amounts of funds due to you were calculated correctly, and take any action if your rights have been violated.
Video - Payments to employees upon dismissal
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
Procedure for dismissal and receipt of payments
The employee decides to quit and writes a free-form application.
It is not necessary to indicate the reasons for dismissal. The application is submitted to the boss or to the human resources department. From this moment on, the employee is required to work for another two weeks. There are reasons for dismissal that do not provide the opportunity to work the established time. For example, admission to an educational institution as a full-time student, assignment of one of the spouses to a new duty station with subsequent relocation. Then, in agreement with management, the time is either reduced or canceled altogether.
A two-week period is given so that the company can select a suitable employee to fill the position, and the employee also has the opportunity to change his mind. He can also write a statement in free form and withdraw the previous one. This is only possible if the employer has not yet found a suitable candidate whom he cannot refuse to hire (for example, if the new employee has been officially transferred from another company).
After the boss has received a letter of resignation, an order is issued, the personnel service makes the appropriate entries in the work book, and a full payment is made. The employee receives a payslip and checks the compliance of payments.
Severance pay
Many citizens of our country, when resigning at their own request, expect to receive not only the remaining wages and vacation pay compensation, but also some kind of severance pay.
Are you entitled to severance pay?
Let us explain to you one important nuance: this benefit is provided by law not in all cases, but only in some. Most often, it is paid when the dismissal is made not by the employee, but by the employer, and it is associated with the following events:
- with a forced reduction in the organization's staff;
- with the liquidation of the employing company.
Provided that when an employee resigns of his own free will, the company in which he previously worked has no obligation to pay this severance pay, so if the topic we are discussing is relevant to you, know that you do not have the right to demand all of the above.
Another reason for paying labor benefits upon voluntary dismissal is a corresponding entry in the contract concluded with employees of the following categories:
- collective;
- individual.
Provided that initially upon employment you were promised payment of these funds, you can qualify for severance pay and demand it from the employer.
Payment terms
Payment is made on the last working day, that is, on the day of dismissal. When
absence of the employee on that day, payment is made no later than one day after the application.
If the day of dismissal coincides with the last day of vacation (this is possible by agreement with the employer), payments must be made on the last day before vacation.
If on the day of dismissal the employee was incapacitated (on sick leave), calculations are made in accordance with the date of dismissal, payments are supposed to be made the next day (no later than) after his request. Sick leave will be calculated ten days after the sick leave is provided, payments will be made on the next day of payment.
If wages are transferred to a bank card, payment must be made on time. With the consent of the employee, the work book can be sent by mail (if for some reason he cannot appear in person).
Compensation upon dismissal of a disabled person: is it different from the rest?
Disabled people, as a socially unprotected category of the population, have labor privileges. In particular, if there is a medical certificate, the employer is obliged to provide such an employee with a place of work with suitable working conditions. If this is impossible to do or the citizen refuses the transfer, then the employment contract is terminated. In this case, the disabled person has the right to mandatory payments plus a small severance pay.
Similar compensations are provided if the employment relationship is terminated due to a deterioration in health, resulting in a complete loss of ability to work (paragraph 178 of the Labor Code of the Russian Federation).
Special cases
Payments for pensioners
A pensioner has the right to write a letter of resignation from any date if he indicates the reason “in connection with retirement.” They work out the two-week period at will. If this reason is not specified, he must serve this period. Payments to pensioners are made on a general basis. No later than on the last working day, wages are issued for the time actually worked, bonuses (if any), compensation for unrealized vacation. Some enterprises provide additional benefits to employees retiring.
The state pension co-financing program is a significant contribution to the social security of pensioners. Indexation of pensions in 2016 - full information on this topic is located in our article.
Unused vacation and its compensation are described in our article.
Necessary documents for registration
List of documents that are the basis for launching the dismissal procedure:
- An employee's statement of desire to resign.
- Agreement between employee and employer on termination of employment relationship.
- Notice of termination of a fixed-term employment contract.
This is also important to know:
Is it possible to fire a pregnant woman during a probationary period?
List of documents for the dismissal procedure:
- Order from the authorities according to f. N T-8, T-8a with designation:
- reasons for employee leaving work,
- articles of the Labor Code.
- Work record book with a note about the reasons for leaving the enterprise.
- Note-calculation according to f. No. T-61 with a list of amounts paid.
- Personal card of the employee by f. N T-2 with a note of dismissal.
