What payments are due upon dismissal of one's own free will? How is severance pay calculated and in what cases is paid upon dismissal.

Labor legislation suggests that the termination of cooperation between the employer and the employee may occur at the initiative of one of the parties. Including the employee.

At the same time, they retain a number of rights guaranteed by the regulatory framework of the Russian Federation.

general information

An employee who terminates an employment relationship with an employer own will is entitled to receive the full severance pay.

This right is enshrined in the Labor Code of the Russian Federation, and no organization can violate it with impunity.

Since the termination of the employment contract occurs at the initiative of the employee, no incentive and compensation payments are not provided by the legislation.

However, this does not mean that an employee who leaves a position on his own initiative should not receive the final payment. Payments upon dismissal of one's own free will are calculated according to the established formula.

When an employee can finish his duties

An employee who wishes to terminate an employment contract on his own initiative must notify the employer of his decision no later than 2 weeks before dismissal.

In this case, the notification is only a written statement which is sent to the employer personally or by registered mail. A verbal agreement has no legal force in matters of dismissal.

A person who decides to quit has the right to send an application, only written personally by hand, a typewritten text is not accepted for consideration.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or another federal law. The beginning of the specified period begins the next day after the employer receives the employee's application for dismissal.

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When should the calculation be made?

According to the established norms, the employer is obliged to pay all the funds due to the employee no later than the last working day.

Participants in labor relations may terminate them before the deadline set in the application by agreement. In this case, the agreement may also be oral.

However, payments are still made on the day indicated by the employee in the application last.

Article 80, Labor Code of the Russian Federation:

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the notice of dismissal.

Employee rights

The employee who wrote the application has the right to revoke it at any time within two weeks from the time it was sent to the employer. And the employer has no right to refuse a person, if there are no grounds for that.

Such a basis is a call to a vacant position of an employee who has no right to refuse employment (for example, a disabled person).

If, after the expiration of the period specified in the application, neither the employer nor the employee expressed a desire to terminate the employment relationship, then the application remains without consideration, and the employment contract remains in force.

Article 80, Labor Code of the Russian Federation:

If the employment contract has not been terminated after the expiration of the term of notice of dismissal and the employee does not insist on dismissal, then the employment contract continues.

How is the final payment made?

Several factors affect the final amount of the calculation: whether the employee took annual paid leave, whether the employee was on sick leave, payments received for Last year. In this case, the calendar year is taken into account: from January 1 to December 31.

Accounting in the calculation of the final allowance based on actual hours worked.

For example, an employee took off his vacation, and then decided to quit.

His salary is 12,000 rubles a month.

Average daily earnings are calculated based on the amounts that a person has earned over the past two years.

For example, a total employee received 800,000 rubles.

In this case, his average daily earnings are: 800,000/730=1095 rubles.

During the month in which the dismissal occurs, the employee actually worked 8 days.

In this case, his salary in the calculation will be 1095 * 8 = 8760 rubles.

If the employer has not yet made a calculation for the last worked month, then the amount that the employer “owed” to the employee is added to the amount of the final calculation.

Holiday compensation

If the employee did not take legal leave or did not take it in full, then to the amount of actual time worked additional cash compensation.

It is calculated based on the average daily earnings of a person during the last calendar year.

Article 139, Labor Code of the Russian Federation:

The average daily earnings for vacation pay and compensation for unused vacation are calculated for the last 12 calendar months by dividing the amount accrued wages by 12 and by 29.3 (average monthly number of calendar days).

If the employee took the entire vacation, but did not complete it until the end of the year, then when calculating the amount of overcharged vacation funds, it will be legally deducted.

If in the past period a person was not on vacation and did not receive compensation for it, then this is a direct violation labor law.

Employer obligated to pay compensation to the employee when calculating, regardless of the period in which the debt was formed.

Taxation

Voluntary dismissal payments are not severance pay, therefore taxed in the prescribed form.

Income tax (tax on income individuals) is charged from the entire amount of the final settlement. Therefore, if a person is entitled to a payment in the amount of 8760 rubles, then in fact he will receive 8760-13% = 7621.2 rubles.

There are no severance pays and compensations for dismissal on one's own initiative.

Prizes and allowances

If the employment contract establishes additional payments, in excess of wages, then the employer is obliged to pay.

For example, if the employment contract stipulates quarterly bonuses, then a person is obliged to receive from the organization, upon dismissal, a calculation of the bonus for the time actually worked, even if the citizen worked only 1 day in the quarter.

Employer does not have the right to withhold any amounts if they are due to the employee on the basis of an employment contract. So, the prescribed allowances and coefficients must be applied for the actual hours worked.

December 21, 2016, 20:44 February 11, 2019 22:54

Termination of an employment contract under certain conditions means the payment of severance pay and other compensation amounts subject to tax and insurance premiums.

Termination of the employment contract

Termination of an employment relationship involves the fulfillment of some of the duties of management in relation to the dismissed employee. The cases, the occurrence of which causes dismissal, are varied. In some situations, the initiative to terminate the contract comes from the employee, in other circumstances, the dismissal occurs through the fault of the employee or taking into account cumulative external factors.

Upon completion of work, employees must pay the earned amounts. A compensation calculation is also required. The amount of payments depends on the conditions of dismissal, the concluded employment contract and the employer's internal regulation on remuneration.

Grounds for dismissal

The dismissal procedure is preceded by the onset of certain circumstances. Among them are the following - the desire of the parties to continue the employment relationship, the nature of the contract, the presence of other circumstances. Dismissal occurs for the following reasons:

1. Employee initiative. As a rule, dismissal under this article is made with the wording "of one's own free will", coming from the employee.
2. At the initiative of management. It happens for various reasons. Some of them are committed taking into account the degree of guilt of the employee: non-compliance by the employee with labor discipline, inconsistency with the position held, gross violation of labor duties, disobedience to labor regulations. The termination of the working relationship also occurs in connection with the refusal of the management to renew the contract after its expiration, including the probationary one.
3. Dismissal of senior management employees (directors, chief accountants) in the event of a change of ownership.
4. Completion of labor relations as a result of the liquidation of the enterprise, if necessary, downsizing.
5. Dismissal as a transfer of an employee to another place of work.
6. Refusal of employees from further performance of their duties under changed working conditions.

The procedure for terminating an employment contract

To terminate the employment contract, the initiating party must confirm its intentions in writing. The employee draws up an application addressed to the management, the employer is obliged to send the dismissed employee a notice in advance.

Upon dismissal of one's own free will, a corresponding application is written at least 2 weeks before the designated deadline. During this time, the employee has the right to withdraw the application, continuing to work further.

Dismissal may occur earlier than the agreed period by agreement of the parties. If the employer is seen in violation of labor laws (delayed wages), it is necessary to satisfy the employee's request to terminate the employment relationship immediately, without a 2-week working off.

If there is a probationary period, the application for dismissal is submitted 3 days before the expiration of the probationary period.

The employer also has the right to terminate the contract with the employee during the probationary period, notifying of this 3 days before the end of the period of validity. In other cases, dismissing an unwanted employee is somewhat more difficult.

If the reason for termination of the contract is non-observance of discipline and rules internal regulations, then this fact will need to be proved in writing. Before dismissing on a reduction, it will be necessary to offer the employee another alternative position, if any.

In almost all cases of termination of employment, a full settlement with the employee is required.

Payments to employees upon dismissal

There are a number of types of benefits that laid-off employees may be eligible for. Among them are the following:

1. Calculation for hours worked. The balance of wages representing the employer's debt is paid. The transfer must be made on the day of dismissal.
2. Compensation for unused vacation. All non-scheduled vacations due to the employee are taken into account. If there is a vacation used in advance, the amount previously paid to him is withheld from the employee. If there are not enough means of payment for this, the dismissed employee repays the resulting debt only on a voluntary basis. In case of refusal, the employer has the right to apply to the court for damages.
3. Severance pay upon dismissal. Paid if the termination of the contract occurred at the initiative of the employer. Compensation payments in the amount of 2-week, 2- or 3-month earnings are made in case of reduction or liquidation.

Tax-free payments upon termination of an employment contract

From the amount of the calculation upon dismissal of an employee, it is required to withhold the corresponding amount of personal income tax. The rule affects both payments attributable to wages and compensation accruals. But in some cases, the amounts received are not taxed.

If an employee is paid a severance pay upon termination of employment, then no tax is withheld from its amount exceeding 3 months of earnings. For employees of the Far North, personal income tax is not withheld from paid amounts equal to 6 times earnings. In this case, compensation for unused vacation is not taken into account. From this amount of accruals, personal income tax is withheld in full.

Types of payments to employees upon dismissal

Grounds for dismissal	Calculation of wages	Compensation for unused vacation	severance pay
Of your own accord	Paid	Paid	Under the terms of the internal regulation on wages
By reduction	Paid	Paid	Within 1 average earnings
Upon liquidation	Paid	Paid	Within 2-3 average earnings

1. Hello. I worked as an accountant in a private construction firm for 6 years. In connection with the change of ownership, the new management decided to dismiss the accounting department. Are their actions legal?

The change of the owner of the organization serves as a basis only for the termination of labor relations with management team including the chief accountant. With regard to other accounting employees, the change of founders is not a reason for dismissal.

For employees who have previously concluded a fixed-term contract, after the expiration of its validity, the following payments are due: wages, compensation for unused vacation, other payments, if they are provided for by the internal regulation on wages. All accrued amounts are subject to taxation, with the exception of severance pay exceeding 3 times the average earnings.

3. Hello. What to do in the following situation? An employee who has worked in the organization for only 6 months is dismissed. Earlier, by agreement with the employer, he was granted a full-fledged vacation for 28 calendar days. How to calculate retirement benefits?

If the leave at the time of termination of the employment contract was used in advance, it is necessary to make a calculation and withhold the previously issued funds. The employee can return the difference in the accrued amount on a voluntary basis. Personal income tax in this case also needs to be recalculated.

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 questions are fixed: 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.

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, which are 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 for 11 months and he leaves, 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 shall be paid to employees who have worked from 5 1/2 to 11 months if they leave due to the liquidation of an enterprise or institution or separate parts him, downsizing or work, as well as the reorganization or temporary suspension of work; receipts for real 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 the labor authorities or the 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 areas subject to radioactive contamination, and other payments of a compensatory nature) 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 about 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 is achieved, at the discretion of the manager, the employee can 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 regulatory 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 an employment relationship on the date of the decision to pay this bonus, then the employer will be obliged to calculate this bonus individually for the employee and pay upon dismissal, without waiting for the end of the financial year and the decision of the management to pay a bonus for the year.

If you change jobs, it is very important that between you and the employer there is a full settlement of the financial resources that you were entitled to. And that is why it is very important to know your labor rights in order to prevent their violation. We will talk about this topic right now.

Features of dismissal and payments

Dismissal is the termination of work under an employment contract. It is made on the grounds that are provided for by Chapter 13 of the Labor Code of the Russian Federation. The day of dismissal is the last day of work of the employee. Regardless of the reason for dismissal, the employer must always pay employees in full. The procedure and conditions for the payment of compensation and severance pay are specified in the Labor Code of the Russian Federation. According to its provisions, upon dismissal, the employee must receive:

wages for actual hours worked in the current month;

Compensation for unused vacation (all vacation days during different years);

severance pay, the amount of which is determined by law.

As a rule, wages are paid to dismissed persons no later than the day of dismissal (according to Article 140 of the Labor Code of the Russian Federation). If the person did not work on the last working day, then the money is paid no later than the day following the presentation of the last demand for the final settlement.

Basic payouts

So, let's talk in more detail about what payments the employer makes upon dismissal. The first is wages for the hours actually worked during the month when the employee quit. It includes all available allowances, bonuses and surcharges.

According to Article 127 of the Labor Code of the Russian Federation, upon dismissal, an employee is also entitled to monetary compensation accrued for unused vacation. At the same time, the employee may submit a written application that unused vacations can be granted to him along with the dismissal. This does not apply to cases of dismissal on the basis of guilty actions - in this case, the last day of vacation is considered the day of dismissal. All amounts due to the employee are paid before he goes on vacation.

If the leave for the current year was provided to the employee as an advance payment, and the year at the time of dismissal did not fully work out, then the amount of average earnings for unworked days is subject to deduction. However, hold is not performed in the following situations:

Termination of activities or liquidation;

reduction in the number of employees;

non-compliance of the employee with the position or duties due to health reasons;

change of ownership of the company's property;

conscription of an employee for military service or assignment to alternative service;

reinstatement of an employee at the workplace who previously performed his duties by a court decision or the state labor inspectorate;

recognition of the employee as completely incapacitated;

the death of an employer or employee;

The occurrence of extraordinary circumstances that prevent the continuation of the employment relationship.

With regard to severance pay, upon dismissal, the average monthly earnings are paid. Also, for the period of employment, the employee retains the right to receive an average monthly salary, but not more than 2 months from the date of dismissal.

Severance pay is paid regardless of the subsequent employment of employees in the presence of circumstances provided for by the Labor Code of the Russian Federation. As for the average wage, it can be retained for a dismissed employee only if he does not get a job. new job. So, if you want to be paid your average monthly salary for the period of employment for the second month, you need to confirm that you did not work during this time. To do this, you will need to submit a work book.

This information will help you to receive all payments upon termination.

Is there a payout upon dismissal? Are there deadlines that the employer needs to meet when solving the task? These questions are of interest to everyone who plans to leave their job. After all, monetary disputes arise between employers and their subordinates quite often. Therefore, you should pay attention to the calculation at the time of dismissal. Maybe the employer does not owe anything to the employees? In Russia, the procedure for assigning a calculation is established by the Labor Code. What does it say? What features should every employee be aware of before leaving?

Should I pay

Is there a severance pay? Are there legal deadlines for this process? Should employers pay their employees at all?

At the moment, laws are in force in Russia, according to which each boss is obliged to make settlements with his employees. He pays for every day worked by employees. And this mandatory measure. Otherwise, you can call the dismissal process violated. Accordingly, subordinates have the right to complain about the actions of employers.

Art. 140 of the Labor Code of the Russian Federation provides for certain deadlines that the employer must meet. If the boss does not take care of this, he faces a fine of one size or another.

What do they pay for

What is the payout for dismissal? The timing of this action is another matter altogether. First, each employee must familiarize himself with what he is entitled to money for. After all, not everyone is aware of this issue. Some citizens do not know at all that the employer is obliged to pay during the termination of employment!

At the moment, you can request (or recover) funds from the employer for several periods. Among them are:

• worked on official days off;
• all days worked until acceptance;
• for unused vacation.

Accordingly, for all of the above periods, you can recover money. And every employee can claim them. Usually, employers independently make settlements with subordinates. The main thing is to check the correctness of the charges.

Upon dismissal

When is the payout due upon dismissal? The terms of this action are set at the legislative level. It's all about reading Labor Code to find the answer.

Now in Russia, every employer is obliged on the day of dismissal to make a settlement with his subordinate. It is precisely when there is a direct removal of an employee from performing official duties. Not earlier, not later.

Accordingly, by the time of dismissal, the employer must draw up all the documents necessary for the calculation. And together with the work book, the subordinate receives the money due to him. Delay in payment is punishable by a fine. And refunding the full amount to the employee with whom the settlement was to take place.

With absence

Sometimes it happens that the employee is not at the workplace at the time of termination of the employment relationship. And then, as you might guess, the employer cannot make the calculation according to all the rules. Art. 140 of the Labor Code of the Russian Federation provides for a certain algorithm of behavior in this situation.

The point is that the payment still has to be made. But in this situation, it will have to be carried out directly at the request of the dismissed employee. He writes a statement of the established form for the calculation. Next comes the payoff. It is possible no later than one day from the date of the relevant request.

In other words, if the employee did not work on the day of dismissal, he must apply for a calculation, but this must be done by writing a statement. Funds can be received either on the same day or the next day. And no more.

On holiday

What else should an employer pay attention to? When is the payout due upon dismissal? Deadlines may vary. It has already been said that a lot depends on the situation.

Sometimes an employee is fired (or he himself writes in advance while on vacation. In this situation, the calculation is not made immediately. In fact, at the time of dismissal, the citizen will not be at the workplace. Then you will have to wait for the subordinate to leave the vacation. And at this moment, make the calculation.

Usually employees themselves come for money. But if this did not happen, you will have to wait until the employee writes the appropriate application for payment.

controversy

It is far from always that the employer and the subordinate all issues are resolved without any problems. It happens that there are some disputes about what the calculation is due upon dismissal. Payment terms (the Labor Code of the Russian Federation establishes a clear framework in this regard) Money- day. This means that either at the time of the appeal, the employer must pay off the employee, or the next day after writing the application for payment of the calculation. What if there are disputes?

Everything is very simple. The amount, which is not in dispute, is paid on the day of dismissal. That is, the one with which the boss agrees. But the balance must be paid at the time of settlement of the dispute, after the employer will make an accurate check of the data and establish how much money is actually due to the dismissed subordinate.

In case of delay

Labor legislation in Russia indicates that a delay in payment of the calculation upon dismissal is possible. But only in this situation, the employer is obliged to cover the entire delay with additional payments. How much will you have to pay?

The exact amount cannot be named. The point is that it depends on many factors. For example, from the total amount of debt. And the duration of the delay. But at the legislative level, certain conditions for the calculation are established.

The penalty for late payment of the calculation upon dismissal is 1/300 of the refinancing rate of the Central Bank. That is how much of the entire amount of the debt will have to be paid for the day of delay. The countdown will begin the next day after the non-payment of funds. And it will end on the day of receipt of the calculation.

This rule applies always and in all cases. In other words, it doesn't matter if the employer was at fault for the delays or not. You will still have to pay for the delay in accordance with the Russian Federation rules.

Serious penalties for delay

In Russia, the employer may be subject to more serious liability for non-payment of the calculation to employees. The thing is that the boss must pay the due funds with all interest to the subordinate no later than 3 months in advance. It is this period that is given for payment without additional large fines (only with a penalty, which is 1/300 of the refinancing rate for each overdue day).

But article 145.1 of the Criminal Code of the Russian Federation states that if the employer has not paid the full amount of money to his subordinates for more than 3 months, he will face serious responsibility. The first scenario is the appointment of a fine. Its size is up to 120,000 rubles. Also, the penalty payment can be calculated based on the annual income of the violator. Or there is a risk of losing your freedom for 12 months.

Vacation and dismissal

The next question that interests many is the calculation of payments for unused vacation upon dismissal. For him, too, as already mentioned, they must pay. This process involves many nuances. And everyone should pay attention to them.

The first rule is that if the employee did not go on vacation at all over the past year, then the funds are accrued for all 28 days of paid legal rest. Plus, here are added the days worked by agreement with the employer, which are holidays (in order to receive an additional day off on demand). If the vacation was used to one degree or another, then the calculation will be made in direct proportion to the hours worked.

How to calculate compensation for unused vacation? First, you need to find out the average salary of an employee per day. And then correctly calculate how many days of vacation you need to pay. If an employee has worked in the company for at least a year, but has not gone on vacation, as already mentioned, it is necessary to pay all 28 days. Otherwise, you will have to calculate according to the following system (it is better to consider it with an example).

The subordinate has 28 days of paid legal rest. How to calculate compensation for unused vacation? Suppose that a person quits on his own, having worked 8 months from the date of employment. In this case, the days for which compensation is due will be equal to: 28 * 8 / 12 = 18.67 days. Next, the resulting figure is multiplied by the average salary of the employee per day. And these funds should be paid upon dismissal of a subordinate.

By the way, Russia does not provide for the absence of paid leave. Employees cannot work without it for more than 2 years. If the subordinate intends to do this, it is necessary to forcefully send him to a well-deserved rest. And if a person leaves after 24 months of work, then he will receive a calculation for 56 days of paid leave. In fact, understanding how many days to pay is not as difficult as it seems.

The rules for calculating the days that the employer will have to pay can be divided into several steps. The first is to divide the total number of vacation days by 12. The second is to multiply the amount received by the number of months worked in a year.

Settlement requirement

It has already been said that it is far from always possible to make settlements with subordinates on the day the employment relationship is terminated. Then you will have to ask the employee for a requirement to pay the calculation upon dismissal. A sample of this document cannot be called a template. After all, it is usually written in free form. The requirement might look like this:

I, Ivanov Ivan Ivanovich, an employee of Miralinks LLC, who has been working as a senior manager since 2012, ask the employer, Petr Petrovich Sidorov, to pay me due to my dismissal. It took place on March 5, 2016.

At the very end, the date and signature are affixed. Nothing else is required. An employee can describe the reason for his absence from the workplace on the day of dismissal. And no more. After writing this document and submitting a request to the employer, the latter will have to issue everything that is necessary for the calculation.

We take money

Now it is clear what deadlines the boss must meet when dismissing his employees. The dismissal process can be reduced to the fact that after acceptance, an order is made. On the day it comes into force, the employee comes to the employer, he gives him a special pay slip, as well as a work book. With a leaflet, you need to go to the accounting department and get cash.

This is the payment of the calculation upon dismissal. The terms of this action are short - on demand on the day of dismissal. Or the next day after writing the application for the payment of funds. As soon as the work book and the calculation are received, the employee puts his signature in special accounting journals. And that's it, the process of dismissal is over.