Dismissal is always termination employment contract and relationship between employee and employer. Upon dismissal, the employee is entitled to cash payments.

Full payment must be made within one day. The day of transfer of documents and cash payments is the last working day. It does not matter on what basis the dismissal is carried out.

Reasons for getting paid

The main reason for receiving cash payments is the very fact of dismissal. Grounds for dismissal are not grounds for payment of compensation. The employer acts as a guarantor to the employee regarding his material well-being.

All mandatory payments that he transfers to off-budget funds are social guarantees for each worker in case of loss of monthly earnings.

Payments are also made to compensate for missed vacations and total hours worked.

The main reason may be considered the mandatory financial settlement between the parties to the employment agreement upon its termination. The employer can only consider his obligations fulfilled when the employee has received money in his hands, and there is no debt to extra-budgetary funds.

Unscrupulous employers run the risk of being held financially, civilly, disciplinaryly and even criminally liable for an incorrectly made calculation.

Types of compensation

The Labor Code of the Russian Federation establishes the following types of monetary compensation upon dismissal of an employee:

• redundancy payments;
• payments, if there was a dismissal by agreement of the parties compensation;
• payments for care own will;
• compensation upon dismissal for health reasons.

The employer must financially compensate for unused vacation pay and

Compensation for hours actually worked is not EP.

The calculation takes into account hours, as well as the form of payment and tariff rate. Allowances and bonuses are also added.

The RFP is transferred no later than the day the labor agreement is terminated (Article 140 of the Labor Code of the Russian Federation). In the absence of a calculation up to this point, at any time and at the first demand of the employee, he will have to receive everything that the employer owes him.

For early termination of the employment contract

It is permissible to terminate such an agreement with an employee before the expiration of 2 months from the date of the notice.

For this you need:

• notify the employee himself and obtain his consent;
• further, vacation compensation is provided, as well as VP;
• Compensation is paid for the early termination of the contractual relationship.

Additional compensation is charged for the time remaining until the end of the notification period. Thus, in case of early termination of the employment agreement, the employee is obliged to receive compensation for unused vouchers, EP and additional compensatory wages for the period that he agrees to reduce upon termination.

Affects the procedure for calculating compensation and the method of early termination of the employment agreement. For example, when a person leaves of his own free will or by agreement of the parties, then usually the VP is not paid. The exceptions are those cases when the employer somehow violated the norms of labor legislation.

If an employee is deprived of a monthly income due to staff reduction, then severance pay provided mandatory.

There is no fault of the employee in such a dismissal, and the state is obliged to provide money for a while while he is looking for a new job for himself. There are also cases when the employer induces the employee to leave at his own request with a reduction in staff.

When the staff is reduced, in any case, the employer cannot demand to write a proactive statement regarding the departure of employees . This is a profitable solution to the problem regarding the payment of VP, but only for one side. The employer can only advise or suggest a similar option. The employee reserves the right to refuse.

Moreover, dismissal during a reduction in staff with the manifestation of the employee's initiative is illegal. Two conditions for terminating an employment contract cannot exist simultaneously. The employee must choose: to leave of his own free will and lose his severance pay, or to fall under a reduction in staff, while retaining the right to monetary compensation and indicating a more “profitable article” in the work book.

Often, when employers want to avoid paying wage arrears, but they have no reason to quit, the employee is put under surveillance. Each misconduct is recorded and then the employer tries to impose leaving “of his own free will”. This is especially true for a part-time job, but other employees in such a situation must exclude delays and any, even minor violations. labor discipline. It will be virtually impossible to prove the guilt and intent of the employer's actions in court.

For unused vacation

Compensation for unrealized vacation is paid to all categories of dismissed persons, regardless of the reasons for termination labor activity. Such monetary compensation is given for all periods of rest not used by the employee.

Under the law, in very rare cases, it is allowed to work without vacation for more than 2 years.

Most often, the employee himself takes the initiative and refuses the next vacation. If the employee has not been on vacation for more than 2 years in a row, the employer will have to justify this upon dismissal. An exception is cases with the guilty actions of the employee.

If the reason for the dismissal was a serious violation of labor discipline, then the employee will not receive compensation for lost vacations. The date of departure in this case will be the last day of the vacation. According to the general rule, the employer, before the day of direct dismissal, must transfer compensation to the person for all unused vacations. Compensation is calculated only for fully worked months.

When downsizing

Reduction of staff involves the termination of the contract without the will of the parties. In this case, the state guarantees monetary protection to workers. Extrabudgetary funds compulsory insurance, in turn, are engaged in the implementation of social programs aimed at providing for people who, through no fault of their own, have been left without a job.

When the staff is reduced, the employee must be paid severance pay, salary for the period actually worked and compensate for unused vacations (if any).

Cases are not exceptional when the guilt of the employer entailed a reduction in the staff of workers.

VP is very different from conventional compensation wages.

It is paid in any case when:

• liquidation of the organization;
• the staff is reduced (Article 81 of the Labor Code of the Russian Federation).

The average salary does not always remain with the employee. He reserves a monthly salary, if the contract with the new employer has not yet been concluded. At the time of payment of the RFP, he must confirm that he was not a participant all this time labor relations. In exceptional cases, the average salary can be maintained for 3 months instead of the standard two, according to the decision of the employment center.

The employee must apply in the first two weeks after dismissal to the central lock with a special application. At the employment center, they will consider him, and if they do not find a job, then they will keep their average earnings for three months after the dismissal. To receive a salary, you will need to provide the employer with your main document confirming your work activity and an extract from the central lock.

Calculation

When calculating, the features of the applied wage system at the enterprise are taken into account, bonuses and allowances are added. Usually they consider how many hours a day and days were actually worked.

The calculation of additional compensation in case of early termination of the employment agreement is made taking into account the time remaining until the end of the period allotted for notification.

An employee may receive disability benefits while on vacation, but the billing period is not extended by the number of sick days. Unused vacation pay is calculated on the basis of actual hours worked per year. Thus, the calendar year is completely ignored.

A similar scheme is used when calculating the size of the VI. Compensation will be proportional to the days that were set aside for vacation for the months worked. If less than half of it was worked out in a month, then such a period is not taken into account when determining the amount of compensation for unused vacation. If more than half of the days in a month are worked, this period is considered as a whole.

Formulas and examples

There are 2 main formulas that are used in calculating the severance pay and payment of the average monthly wage:

ZP (SDN) \u003d ZP (F): RD (F);

ZP (SR) \u003d ZP (SDN) * RD: 2.

The average daily salary (ADI) is calculated based on the actual days worked in the month and the amount of the salary for the last 2 months worked. The average monthly salary will depend on the average daily wage, as well as on the number of working days for the last two months.

Example #1. An employee of the enterprise quits on July 20, 2019 due to a change essential conditions labor. The severance pay was calculated in a single amount. The reporting period is May-June 2019. During this time, the employee received a salary in the amount of 10,000 rubles. Also, about 4,000 rubles of sick leave were accrued, but they are not taken into account when calculating the severance pay.

1)Installing SDN ZP: 10.000: 33 = 303 rubles (33 - the number of days worked in May - June 2019);

2) Average monthly number of working days - 20 . Based on this, the average monthly salary will be equal to: 303 * 20 \u003d 6060 rubles.

Since the allowance must be paid in a single amount, its amount will be equal to 6060 rubles.

Compensation for unused vacation is calculated according to the formula:

K \u003d D (COMP) * ZP (SR),

where ZP (SR) is the average daily salary, and D is the unused vacation period. The latter indicator depends on the total duration of the vacation, the total number of calendar and holidays.

2) The amount of vacation pay: 28 * 168.9 = 4729 rubles.

Vacation pay must be withheld for the unworked 7 months.

1) Settlement period: 28:12*7=16.33 days;

2) Amount to be withheld: 16.33*168.91=2758 rubles.

Salary upon dismissal is calculated depending on the days worked in the month and the average daily salary.

Taxation

Income of persons that are provided to them as employees upon dismissal or liquidation of the enterprise is not subject to personal income tax.

But we must not forget about the additional conditions for the taxation of amounts that may be provided for under a collective or individual labor contract.

The unified social tax is not levied on employee leave, including compensation for unused vacation pay. The taxation of the VP depends on its size. If the employer is required to pay severance pay, then he does not pay income tax. When the amount of the unpaid benefit is included in the income of the enterprise, the EIT is paid by the employer.

Liability for non-payment

There are two ways to obtain payment of the required compensation amounts: contact law enforcement or court. In the first case, a case will be opened against the employer, and if the evidence during the judicial and pre-trial investigation turns out to be weighty, then he will be held criminally liable for non-payment of social payments mandatory for the employee.

When applying to the court with a statement of claim, the employee may recover the accrued, but unpaid amounts of salary, bonuses and compensation for the entire past period.

In this case, the liability of the employer may be civil or disciplinary in nature.

Upon dismissal, the employer is obliged to pay before the day of actual dismissal the salary, severance pay and compensation for unused vacation. The chosen way of completing cooperation with the employer can reduce or supplement this list. Payments in full can be deprived only of those employees who have committed significant disciplinary offenses.

Often, people refer to all the money that they receive upon dismissal as severance pay. The exciting situation of a job change is always fraught with a bunch of questions from laid-off workers. Therefore, in this article I will answer the most important question in as much detail as possible - what will be paid to the employee upon dismissal? How payments are calculated, what the employer is fraught with non-payment or delay in this case, and other related issues.

Severance pay upon dismissal is stipulated in article 178 of the Labor Code Russian Federation, which is called "Severance Payments" and refers to Chapter 27 "Guarantees and Workers' Compensation Related to the Termination of an Employment Contract."

○ Severance pay upon dismissal.

Severance pay is a sum of money paid as a lump sum upon dismissal, for certain reasons.

If something unpleasant for employees occurs - the liquidation of the organization or a massive reduction in the number (staff) of employees, in this case, the employee must be paid severance pay in the amount of average monthly earnings. In addition, he will retain the average monthly salary for the period of employment, but not longer than two months from the date of dismissal (including severance pay).

EXAMPLE! If an employee of Vasilisa the Beautiful has an average monthly salary of 18,200 rubles, and an employee of Zmey Gorynych has 22,660 rubles, both will receive exactly these amounts as severance pay upon reduction.

However, if the enterprise or organization has a collective agreement stipulating that, when dismissing employees during liquidation or downsizing, everyone is paid a severance pay of 30,000 rubles, then this is the amount that will be paid to everyone.

IMPORTANT! AT labor law along with the Labor Code, other acts are equally valid if they improve the position of the employee.

If the laid-off worker applied to the employment service agency, but was not employed within two weeks (about which he was given the appropriate decision of this body), then by submitting his work book and this decision at his old job, he can count on the average monthly salary of within the third month from the date of dismissal. But this case is exceptional.

severance pay in the amount of a two-week average salary paid upon termination of the employment contract in the following cases.

1. If an employee was issued a medical certificate that does not allow him to work on the conditions under which he was once accepted for this job, while the employer offered a job in another position, and the employee refused (or the employer does not have a suitable vacancy). In this case, the employee is dismissed under paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation.
2. The situation may get worse - and for some serious health reasons, the Medical and Sanitary Expertise establishes a “non-working” disability group. It turns out that he is completely incapable of working and must be dismissed immediately on the day the opinion is issued due to circumstances beyond the control of the parties, paragraph 5 of the first part of Article 83 of the Labor Code of the Russian Federation.
3. The employee was called up for urgent military service (the law equates in this case the civil service alternative to this service).

   EXAMPLE!If the employee Ivan Zhukov received a summons and honestly joined the army, and before that his average monthly salary was 22,500, then he will be paid a severance pay in the amount of 11,250 upon calculation. In addition, he will be paid wages earned and compensation for unused vacation . There will be something to spend the wires on!

4. The practice of labor relations is quite extensive, and our courts observe procedural deadlines, and can take quite a long time to make their final decision. Thus, a situation may arise that you are hired in the place of a person who sued for illegal dismissal and reinstatement at his former workplace in the same status.
   And this citizen was restored by the court to his former workplace. Unfortunately for you, as for the one working at this place today, the employer is forced to fire you (the reason is paragraph 2 of the first part of Article 83 Labor Code RF). A weak form of compensation for your suffering in this case will be the payment of severance pay.
5. It may happen that the employer, for a number of reasons, is forced to move to another area. If the employee does not agree to be transferred to work in another locality together with the employer, refuses to move, then, in accordance with paragraph 9 of the first part of Article 77 of the Labor Code of the Russian Federation, he quits, and he is paid a severance pay in the amount of two weeks average earnings.

○ Payments upon dismissal by agreement of the parties.

Payments upon dismissal by agreement of the parties are not required by law. However, on the basis of an employment or collective agreement, payments and amounts of severance payments may be agreed. In addition, the payment may be agreed in the termination agreement itself.

EXAMPLE! Having written a letter of resignation by agreement of the parties from Pole Chudes LLC, Cat Basilio stipulated (and this was made in writing in the agreement) that his severance pay would be 5,000 rubles. This amount was added to his salary and compensation for unused vacation.

○ Deadlines for payment of severance pay upon termination.

The term for paying severance pay upon dismissal is the last working day of the employee, when he will be given:

• Wages.
• Compensation for unused vacation.
• Severance pay, if it is stipulated by law or other act ( collective agreement, employment contract, agreement of the parties).

IMPORTANT! Cash amounts, which must be paid to an employee who is dismissed in connection with the liquidation of the organization or in connection with a reduction in the number or staff, for the second and, in exceptional cases, for the third month of the employment period, are not considered severance pay! Accordingly, their terms of payment are determined locally.

Receiving payments upon dismissal of one's own free will is the right of any employee, and these include not only wages for the period worked, but also a number of other charges.

Knowing and being able to defend your rights are important skills that will allow you to receive the full amount from the employer Money which is required by law.

Upon dismissal of one's own free will, the process of termination of labor relations is initiated by the employee of the organization himself.

According to the labor legislation of Russia, after notifying the employer of the intention to quit, you need to work for another two weeks, during which he has the opportunity to select another person for the vacant position.

By mutual agreement of the parties to the employment contract, the period may be reduced. In any case, the first document for registration of dismissal is a written statement.

It is also important for the resigning employee to keep in mind that he can withdraw his application up to the expiration of the required two weeks of work. This possibility is provided for by law, so the employer does not have the right to refuse, even if he has already found a replacement employee (except when a new employee cannot be refused - for example, when transferring from another enterprise).

In order to avoid violating his rights, the employee must notify the refusal to dismiss also in the form of a written statement, which can later be used as evidence of a violation of his rights during the forced termination of the employment contract.

Upon termination of relations, a work book is filled out and returned to the employee along with other documents (for example, a diploma of higher education) stored in the organization.

Dismissal during probation

A probationary period is a period during which the employer evaluates how a particular employee is suitable for the position, and the employee, in turn, evaluates whether his expectations about job responsibilities with reality.

The main feature of voluntary dismissal during the probationary period is the shortened period for considering the application. In particular, the employer must consider the application within three days, and has no right to delay this period.

The duration of the probationary period is established in the employment agreement or an annex to it. By general rule it cannot exceed three months. However, for senior positions, this period can be extended up to 6 months.

For fixed-term employment contracts up to 2 months, a trial period cannot be established in principle, and for contracts up to six months, the maximum trial period is two weeks. In any of the above cases, the employee is not required to report the reasons for his dismissal, and has the right to terminate the employment contract at any time.

Employees at probationary period have the same rights to receive termination benefits as ordinary employees of the organization.

What should the employee be paid?

Consider what estimated payments upon dismissal of their own free will the employer must pay.

According to the labor legislation, the leaving employee is entitled to two mandatory types of payments:

• salary for the period worked;
• compensation for unused vacations.

Salary should include not only salary, but also all allowances, bonuses, etc. provided for by the contract or local regulations. With regard to vacation compensation (vacation pay), there are two options for the development of the situation: the employee either agrees to the payment, or takes a vacation with subsequent dismissal. In the second case, the final settlement with the employee and return work book must be completed before he goes on vacation.

There are rare situations when an employee takes a sick leave during vacation - in such a situation he is entitled to temporary disability benefits, but the vacation period for sick days is not extended. The provisions of the collective agreement may provide for other types of payments due to resigning workers, but such contracts are not common.

Upon dismissal of one's own free will, severance pay is not allowed - labor law regulates its payment only in case of liquidation of the company or reduction of staff.

Payout calculations with examples

Payroll preparation

The salary paid upon dismissal depends on which payment system is adopted at the enterprise. Examples:

• time system- in this case, payment is made for the days worked. If the salary was 25,000 rubles, and out of 22 working days, 12 were actually worked, then the salary at the time of dismissal would be: 25,000 / 22 * ​​12 = 13,636 rubles.
• piece system- under such a system, it does not matter how many days an employee has worked. The results of his work are measured in specific natural indicators, for example, in units of manufactured products. Suppose that in the month in which the employment contract is terminated, the employee has manufactured 25 products, and the rate for each of them is 400 rubles. Then the salary due to him will be: 25 * 400 = 10,000 rubles.

In practice, any other payment system can be used - piecework variable, piecework progressive, bonus, etc. However, the above forms are most common.

Compensation calculation

The calculation of compensation for unused vacation is a more time-consuming process - accountants most often use special software for this.

In a simplified form, it can be represented as the following sequence of actions:

• Determination of work experience for granting leave. To do this, the date of employment is subtracted from the date of dismissal. Periods of being on administrative leave at their own expense for more than 14 days are also excluded from the length of service. It turns out a certain number of full months and days, which are rounded up according to the following principle: less than 15 days - down, more than 15 days - up.
• Calculation prescribed amount vacation days based on the length of service and the provisions of the employment contract.
• Determining the number of unused vacation days by subtracting actually used vacations from the calculated value.
• Calculation of average daily earnings: wages for the previous 12 months divided by the hours actually worked for this period.
• Compensation calculation.

For example, an employee was hired on 08/13/2015 and fired on 09/16/2016. He did not take holidays at his own expense, which means that the work experience was 13 months and 10 days. For compensation purposes, the period will be 13 months (rounded down).

According to the employment contract, the employee is entitled to 36 days of vacation, then the vacation due to him will be 36 / 12 * 13 = 39 days. In fact, he used 15 days in June 2016, then the number of unused is 39 - 15 = 24 days. Wages for the previous year amounted to 460,000 rubles, the period worked out completely (except for vacation time).

Then the average earnings per day will be: 460,000 / (29.3 * 11 + 29.3 / 30 * 15) \u003d 1365.19 rubles, where 29.3 is the average number of days in a month (according to the Labor Code of the Russian Federation), 30 is the number days in June 2016, 15 - the number of days actually worked in June 2016. Thus, compensation for unused vacation will be: 1365.19 * 24 = 32764.56 rubles.

Payment terms

Rules for the payment of severance pay upon dismissal by agreement of the parties

Many employers try to get by with one statement from the employee, on which they put a resolution. But it is better when, upon dismissal by agreement of the parties, an agreement is drawn up on termination of the employment contract by agreement of the parties, where a number of important issues: what date will be the last day of work, that is, the day of dismissal; that the employee will be fired precisely by, that is, by agreement of the parties; what amounts will be paid to him; that the parties have no mutual claims against each other, etc. Usually such an agreement is drawn up in two copies.

When drawing up an agreement, you should pay attention to the employee's employment contract. If it does not indicate that in the event of dismissal of the employee by agreement of the parties, he will be paid a certain amount of severance pay, then this condition must be included in the employment contract. This is done simply: an additional agreement is drawn up to the employment contract, where the condition for the payment of severance pay in such and such an amount is prescribed.

The Ruling of the Supreme Court of the Russian Federation No. 36-KG15-5 dated August 10, 2015 provides an interesting situation from the point of view of practice: the employee and the employer agreed that upon dismissal by agreement of the parties, the employee would be paid a severance pay, they drew up an agreement on termination of the employment contract on agreement of the parties, where it was prescribed that severance pay would be paid. And then the following situation develops: the employer dismisses the employee by agreement of the parties, but does not make an additional agreement to the employment contract and does not pay severance pay. The employee goes to court, and the Supreme Court, considering this case, confirms the legitimacy of dismissing the employee by agreement of the parties without paying severance pay. He considered that since he says that other cases of severance pay should be provided for by an employment or collective agreement, which was not the case in this case, but there was only an agreement to terminate the employment contract by agreement of the parties, then everything is legal.

Rules for paying compensation for unused vacation

Upon dismissal, the employee is paid compensation for all unused vacations (). In matters of calculation, counting the vacation days that the employee has earned, determining the period for which compensation must be paid for unused vacation, applying the rules for determining this period, one must be guided by (approved by the NCT of the USSR 04/30/1930 No. 169).

If an employee leaves during the first working year, the rules of paragraph 28 apply: “When an employee is dismissed who did not use his right to leave, he is paid compensation for the unused vacation. At the same time, employees who are dismissed for any reason and who have worked with this employer for at least 11 months, subject to offset in the period of work giving the right to leave, receive full compensation.

This norm indicates that if in the first working year an employee worked 11 months and he quits, then he is entitled to compensation for vacation as for 28 calendar days.

If an employee leaves during his first year of work to reduce staff or headcount, the employer should also focus on. In particular, they say the following:

“Full compensation is received by employees who have worked from 5 1/2 to 11 months if they leave due to the liquidation of an enterprise or institution or its individual parts, reduction in staff or work, as well as reorganization or temporary suspension of work; admission to active military service; business trips in accordance with the established procedure to universities, technical schools, workers' faculties, preparatory departments at universities and training courses for universities and workers' faculties; transfer to another job at the suggestion of labor bodies or commissions attached to them, as well as party, Komsomol and professional organizations; found unfit for work.

Of all these cases, layoffs are the most common. And usually workers who were hired recently get laid off. This raises questions about the definition of days for which compensation for unused vacation is due. The answers to them are given by the Rules on regular and additional holidays - that full compensation should be paid. This is also mentioned in.

Paragraph 35 of the Rules on regular and additional holidays states: “When calculating the terms of work giving the right to proportional additional leave or to compensation for leave upon dismissal, surpluses of less than half a month are excluded from the calculation, and surpluses of at least half months are rounded to the nearest full month. At the same time, when applying paragraph 35, it is important to remember that since the employee earns the right to leave for the working year, it begins to be calculated from the date of conclusion of the employment contract.

So, for example, if an employee was hired on September 17, 2015 and quits on November 30, 2015, then when calculating the length of service that gives the right to leave, the following calculation is obtained: the first month - from 09/17/15 to 10/16/15; the second month - from 10/17/15 to 11/16/15; the third month - from 11/17/15 to 11/30/15. Since the third month has not been fully worked out, compensation for unused vacation is paid only for two months.

Termination bonus rules

A bonus is an incentive payment, which is a type of incentive payment. And the salary, according to, is a remuneration for work, depending on a number of indicators (the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed), as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, work in special climatic conditions and in territories exposed to radioactive contamination, and other compensation payments) and incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments).

So the premium is integral part wages, and according to it, too, should be paid upon dismissal. But there is one point: the bonus, as a rule, is tied to the result, so it is paid once a month, once a quarter or once every six months. It follows from this that after the end of the period, it is still necessary to collect information for calculating the bonus, issue a bonus order, after which the accounting department will calculate the bonus and pay it. In this case, you need to remember the local regulations on remuneration, which are in every organization.

It says that the calculation procedure (specific size, indicator) should follow from the local regulatory act on wages. And the tax authorities, having opened the normative acts, should see that the amount of the premium has been determined.

Some employers prescribe the rules for the payment of bonuses so that the employee cannot guess how much money he can receive. Usually it sounds like this: when a favorable financial result at the discretion of the manager, the employee may be paid a bonus, the amount of which is determined by order. At the same time, tax officials talk about a specific amount. And if in the local normative act the employer does not prescribe in the preamble that the bonus is paid, for example, based on the results of work for the year and that the employee must be in labor relations on the date of the decision to pay this bonus, the employer will be obliged to calculate and pay this bonus individually for the employee upon dismissal, without waiting for the end of the financial year and the decision of the management to pay the bonus at the end of the year.

In our country, the most popular method of stopping labor obligations (agreements) has been and remains dismissal on one's own initiative. A prerequisite such a decision is a preliminary warning to the employer 14 days before the scheduled date. At the same time, it is important for the employee to receive all the payments due to him. And in one payment and in full.

About what kind of compensation the resigning person can count on and how long he will have to wait for it will be discussed further.

A little about the timing of the calculation upon dismissal.

The Labor Code of the Russian Federation clearly regulates the period for full settlement upon dismissal, which states that the payment of all due compensation must be carried out directly on the day of dismissal. And the day of dismissal traditionally coincides with the last working day of a person in his position. In the event that you are going to go on vacation, and from there immediately go on dismissal, the payment is made on the last working day.

Sometimes there is a lot of uncertainty, embodied in questions about how to receive the due compensation for dismissal during sick leave or vacation. Indeed, in such a situation, a person is not present at the workplace on his, so to speak, last day. And, accordingly, the employer will not physically be able to fire him in accordance with all the rules. Such cases take place when the application was submitted after the employee was on sick leave or on vacation. Similar issues are regulated by Article 140 of the Labor Code of the Russian Federation. It says that when the dismissed person was not at work on the appointed last working day, the calculation should be carried out the next day after they submit a written request to the employer about their desire to receive the due payments.

What payments can the dismissed person expect?

In the traditional format, upon dismissal of one's own free will, the employee is entitled to the following payments:

• salary for work a period of time in fact, including for the last working day;
• compensation for vacation that has not yet been used.

As for the severance pay, officially legislative framework it is not provided. Compensation of this kind can be paid only when it was established by a labor or collective agreement.
The calculation of earnings is made by the accounting department for the actual time worked. For this purpose, the salary rate, with all the required coefficients and allowances, is divided by the number of working days in the current month, and the amount received is multiplied by the number of days worked.

Conditions for calculating compensation for unworked vacation.

When an employee did not use his vacation before dismissal, he is entitled to compensation for him. It is calculated as follows:

1. If 11 months have passed since the previous vacation, then the size compensation payments will be issued in full. In addition, payments for unused vacations in previous years should also be issued.
2. In the case when there is a long period of time before the vacation before dismissal, compensation is calculated taking into account the duration of the employee’s vacation and his average daily earnings:

a) the duration of the holiday includes the number of paid holidays:

• main - 28 days;
• additional - for harmfulness, etc.

b) worked period - in accordance with the Rules on additional and regular holidays, which have been guided since 1930, in the course of calculating due holidays, the number of days worked is rounded up to full months:

• if an employee has worked only 15 calendar days in a current month, he is not considered;
• if more than 15 days, then the month is rounded up to the full.

c) the average daily earnings are determined by the amount of accrued for whole year salary, which is divided by 12 months and by the average number of days in a month (29.3).

Who is eligible for severance pay?

Along with dismissal of one's own free will, one cannot dream of paying severance pay, since only those workers who are forced to lose their jobs can count on them. However, there are exceptions under which an employee may seek severance pay. It:

• compulsory military service;
• disability;
• refusal to change the place of residence at the request of the employer, justified by the relocation of the company to another area;
• unwillingness to continue work subject to a change in the employment agreement.