Payment of the calculation upon dismissal, payment terms established by law

Is the payment settled upon dismissal? The terms, which must be met by the employer when solving the assigned task, are available? These questions are of interest to all those who are planning to leave their job. After all, money disputes arise between employers and their subordinates quite often. Therefore, pay attention to the calculation during the dismissal. Perhaps, the employer is not obliged to employees? In Russia, the procedure for setting the calculation is established by the Labor Code. What does it say? What features should everyone know before leaving?

Should I pay

Is the final payment settled upon dismissal? Is the timeframe for this process established at the legislative level? Should the employer pay his subordinates at all?

At the moment in Russia, laws are in place, according to which each chief is obliged to make calculations with his employees. He pays for each employee's day spent. And this is a mandatory measure. Otherwise, the dismissal process can be called broken. Accordingly, subordinates have the right to complain about the actions of employers.

Art. 140 of the LC RF provides for certain periods, in which the employer must meet. If the chief does not bother about this, he faces a fine in various sizes.

What are they paying for?

What is the reason for paying the payroll upon dismissal? The timing of this action is a completely different matter. First, each employee should familiarize himself with what he is being paid for. After all, not everyone is aware of this issue. Some citizens do not know at all that the employer is obliged to make a calculation during the termination of the employment relationship!

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

• Worked out on official days off;
• All worked days until the moment of accepting the dismissal order ;
• For an unused vacation.

Accordingly, for all of the above periods, you can collect cash. And every employee can demand them. Usually employers independently calculate with subordinates. The main thing is to check the accuracy of the charges.

When you leave

When is the payment due for dismissal due? The timing of this action is set at the legislative level. The thing is that it is enough to read the Labor Code in order to find the answer.

Now in Russia every employer is obliged to make a settlement with his subordinate on the day of dismissal. It is then, when there is a direct removal of the employee from the performance of official duties. Neither before nor later.

Accordingly, by the time of dismissal, the employer compulsorily draws up all the documents necessary for settlement. And together with the work book the subordinate gets the money he has put. The delay in payment is punishable by a fine. And reimbursement of the full amount to the employee with whom the calculation was to take place.

Without

Sometimes it happens that the employee at the time of termination of employment relations is not in the workplace. And then, as it is not difficult to guess, the employer can not calculate by all the rules. Art. 140 TC RF provides for a certain algorithm of behavior in this situation.

The thing is that the payment must still be made. But in this situation, it will have to be done directly at the request of the dismissed employee. He writes a statement of the established pattern for the work of calculation. Next, a payout is made. It is possible not later than a day after the date of the request.

In other words, if the employee did not work on the day of dismissal, he should apply for a settlement, but it is necessary to do this by writing an application. Cash can be received either on the same day or the next day. And nothing more.

On holiday

What else should you pay attention to the employer? When does the payment take place upon dismissal? Terms can be varied. It has already been said that much depends on the situation.

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

Usually, workers themselves come after vacation for cash. But if this did not happen, you will have to wait until the employee writes a proper application for payment.

Disputes

Not always the employer and the subordinate have all the problems solved without any special problems. It happens that there are some disputes about what the calculation is based on when you leave. The timeframe for payment (the RF Customs Code establishes a clear framework in this respect) of cash - a day. This means that at the time of the application, the employer must pay with the subordinate, or the day after writing the application for payment of the calculation. But what if there are disputes?

Everything is very simple. The amount that is not disputable is paid on the day of dismissal. That is the one with which the chief agrees. But the balance must be paid at the time the dispute is settled, after the employer has made an accurate check of the data and will determine how much money is actually allocated to the severed employee.

In case of delay

The labor legislation in Russia indicates that 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 do you have to pay?

The exact amount can not be called. The thing is that it depends on many factors. For example, on the total amount owed. And on the duration of the delay. But at the legislative level, certain conditions for calculation are established.

Penalty for delay in payment of settlement upon dismissal is 1/300 of the Central Bank's refinancing rate. That's how much of the entire amount of debt will have to pay for the day of delay. The countdown will begin the day after the non-payment of funds. And it will end on the day of receipt of the calculation.

This rule always applies to all cases. In other words, it does not matter whether the employer's fault was in delays or not. For the delay will still have to be calculated in accordance with the rules established in the Russian Federation.

Serious penalties for delay

On the employer may impose in Russia for non-payment of staff calculation a more serious responsibility. The point is that the chief must make a payment of the prescribed funds with all percentages of the subordinate not later than 3 months. It is such a term that is given for payment without additional large fines (only with a fine that is 1/300 of the refinancing rate for each overdue day).

But article 145.1 of the Criminal Code states that if the employer has not paid his or her subordinates in full money for more than 3 months, serious responsibility awaits him. The first scenario is the appointment of a fine. Its size is up to 120,000 rubles. Also, a penalty payment can be calculated based on the annual income of the offender. Or there is a risk for 12 months to lose freedom.

Leave and dismissal

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

The first rule is that if the employee does not leave at all on leave for the last year, then money is paid for all 28 days of paid legal rest. Plus, days added by agreement with the employer are added here, which are festive (in order to obtain an additional weekend on demand). If vacation was to some extent used, then the calculation will be made in direct proportion to the time worked.

How to calculate compensation for unused vacation? First, you need to know the average salary of an employee per day. And after correctly calculate how many days of vacation you want to pay. If the employee has worked at the company for at least a year, but did not leave on vacation, as already said, it is necessary to pay for all 28 days. Otherwise, it is necessary to make a calculation on 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 leaves on his own, after working 8 months from the time of employment. In this case, the days for which compensation is due will be equal: 28 * 8/12 = 18.67 days. Then the figure is multiplied by the employee's average salary per day. And these funds must be paid when the subordinate is dismissed.

By the way, in Russia, there is no provision for paid leave. Employees can not work without it for more than 2 years. If the subordinate intends to do this, it is necessary to forcibly send him to a well-deserved rest. And if a person leaves after 24 months of work, he will receive a payment for 56 days of paid leave. In fact, to understand how many days to pay, not so difficult as it seems.

The rules for calculating the days that you will have to pay to the employer 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 worked months in a year.

Requirement for calculation

It has already been said that it is far from always possible to make settlements with subordinates on the day of termination of labor relations. Then it will be necessary to ask the employee for payment of the calculation upon dismissal. The sample of this document can not be called a template. After all, it is usually written in free form. The demand can look like this:

I, Ivanov Ivan Ivanovich, an employee of the company LLC "Miralinks", working as a senior manager since 2012, ask the employer, Sidorov Petr Petrovich, to make a calculation with me due to dismissal. It was held on March 5, 2016.

At the very end of the date and signature. Nothing more is needed. The employee can describe the reason for his absence at the workplace on the day of dismissal. And nothing more. After writing this document and filing a claim to the employer, the latter must issue all that is necessary for the calculation.

We take away money

Now it is clear, in what terms the chief is obliged to meet with the dismissal of his employees. The process of dismissal can be reduced to the fact that after the adoption of the application for care, an order is made. On the day of its entry into force, the employee comes to the employer, he gives him a special payment slip, as well as a work book. With a leaflet it is necessary to go to the accounts department and get cash in cash.

This is the payment of the calculation upon dismissal. The timing of this action is small - on demand on the day of dismissal. Or the next day after writing a statement on the payment of funds. As soon as the work book and calculation are received, the employee places his signature in special logbooks. And all, the process of dismissal is over.