Upon dismissal, the head of the organization pays the employee wages, and in some cases, severance pay and other payments.

What is the procedure for these payments, and within what time frame is payment to the employee made?

We will deal with these and many other questions in our detailed article.

General rules for calculation upon dismissal

• salary for actual time worked;
• other payments due to the employee. For example, if he was on sick leave, he is paid.

In addition to cash payments, on the last day of service the employee receives a work book, a certificate of calculation of the amount of benefits, and also, at the written request of the employee, management must give him all documents related to his activities at this enterprise(about hiring, transfer to another position, etc.).

Wage

If there is a dispute regarding the final amount of the salary settlement, the employer undertakes to pay the employee the amount that is not in dispute.

In case of violations in terms or amounts of salary payment, the employee has the authority or.

When paying wages, the employer must take into account bonuses, allowances, and additional payments; all these incentive payments must be taken into account when determining the final salary amount.

Vacation compensation

Moreover, the labor legislation (Article 127) clearly states that upon dismissal, absolutely all unused vacations are taken into account if they were not previously paid.

Vacation for a year worked must be at least 28 days. At the request of the employee, his vacation can be “broken” into parts, but one of its parts must certainly be at least 14 days.

According to the rules established in labor legislation, leave must be granted to each of the enterprise’s employees at least once every two years of work.

If no vacation has been provided for two years, in the event of dismissal, monetary compensation is provided for unused vacation days.

If, on the contrary, the employee did not work for a working year, then he will be paid vacation pay only for the time actually worked.

Moreover, the employee needs to work more than half the month in which dismissal is planned, otherwise the period, which is less than half a month, will not be taken into account in the calculation.

When calculating vacation, all time worked and periods are taken when:

• the employee did not work, but his position was retained. This applies to vacation days, weekends, holidays;
• vacation at your own expense, but not more than two weeks.

After determining the period for which vacation is due, it is necessary to calculate the amount of average earnings per day.

To determine this indicator, the total income for the period required for calculation is taken, which then needs to be divided by 12. And then this amount is divided by 29.3 - the number of days in a month on average.

Let's look at the calculation of vacation pay using a simple example:

Upon dismissal of Fedorov I.S. he has 20 days of unused vacation. His monthly salary is 25 thousand rubles.

KO (vacation pay compensation) = Salary for 12 months / (12*29.3)* per number of vacation days

KO = 25 thousand rubles. /29.3 *20 = 17064.84 rubles.

Another example:

Sidorov V.S. I worked at the company for only 6 months. The total annual amount of his salary is 200,000 rubles.

KO= (200000 /29.3) /12*14= 7963 rub.

What to do if settlements are not paid

If all due payments were not paid by the employer on the day of dismissal, the employee can appeal the actions former leader. You can go to court at the same time labor inspection And .

A complaint can be made either or if, for example, several workers at one company did not receive payments. If the employee decides to file a claim, the period for filing a lawsuit is only three months.

Severance pay

In addition to wages and vacation pay, when employees are dismissed due to reduction or when the company is completely liquidated.

The amount of this compensation is set at the average earnings of a certain employee and is paid over a period of 2 months.

Payment of benefits for 1 month is carried out on the day of dismissal.

For the second month after dismissal, a laid-off employee can receive a compensation payment only if he has not yet found a job.

As an exception, it is possible to receive compensation for the third month, but this is only possible by decision of the employment service, provided that the citizen began working no later than two weeks after dismissal.

To calculate severance pay, the following is taken into account:

• average earnings are calculated based on 12 months;
• the amount received is divided by the amount of days actually worked during the year;
• days of temporary disability, weekends and holidays are not taken into account.

Labor legislation establishes that severance pay in the amount of 2 weeks’ earnings is paid for the following reasons for dismissal:

• conscription;
• unfit for service for medical reasons;
• upon refusal to transfer to another position;
• refusal to work in another region;
• the employee does not want to continue working due to the fact that working conditions have changed.

A benefit in the amount of two weeks' income is also provided in the event of liquidation or reorganization of a company, if we are talking about seasonal work.

Example:

Semenov I.S. receives 30 thousand per month. He worked all the working days for the year in a five-day week. The reason for dismissal was conscription for military service.

To obtain the amount of severance pay, the salary is multiplied by 12 and divided by the number of working days in the year and multiplied by 10 (this coefficient is established for a 5-day working week).

VP = 30 thousand * 12/156 * 10 = 23076.92 rubles. That is, the benefit in the amount of two weeks' earnings will be 23,076 rubles. 92 kopecks

Is there a payment due upon dismissal? Are there any deadlines within which the employer must meet when solving the task? These questions are of interest to anyone who plans to leave their work position. After all, money 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 payments is established by the Labor Code. What does it say? What features should every employee know about before leaving?

Should I pay?

Is there a payment upon dismissal? Are the deadlines for this process established at the legislative level? Should an employer pay its subordinates at all?

At the moment, there are laws in Russia according to which every boss is obliged to pay his employees. He pays for every day employees work. And this is a mandatory measure. Otherwise, the dismissal process can be called broken. Accordingly, subordinates have the right to file complaints against the actions of their 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 payable upon dismissal? The timing of this action is a completely different question. First, each employee must familiarize himself with what he is entitled to cash. After all, not everyone is aware of this issue. Some citizens do not know at all that the employer is obliged to make payments during termination labor relations!

At the moment, it is possible to 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, funds can be recovered for all of the above periods. And every employee can demand them. Typically, employers independently pay their subordinates. The main thing is to check the accuracy of the accruals.

Upon dismissal

When is severance pay due? The timing of this action is established at the legislative level. The point is that it is enough to read the Labor Code to find the answer.

Now in Russia, every employer is obliged to pay his subordinates on the day of dismissal. It is precisely when the employee is directly removed from performing job responsibilities. Neither earlier nor later.

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

With absence

Sometimes it happens that the employee is not at work 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 must still 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 payment. This can be done no later than one day after submitting the relevant request.

In other words, if an employee did not work on the day of dismissal, he must apply for a settlement, but this must be done by writing a statement. Funds can be received either on the same day or the next day. And nothing more.

On holiday

What else should an employer pay attention to? When is severance pay paid? 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 work. Then you will have to wait for the subordinate to return from vacation. And at that moment, make the calculation.

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

Controversy

It is not always the case that the employer and subordinate resolve all issues without any problems. It happens that some disputes arise about what calculation is due upon dismissal. The payment terms (the Labor Code of the Russian Federation establishes a clear framework for this) of funds is one day. This means that either at the time of the application the employer must pay the subordinate, or the next day after writing the application for payment of the settlement. What if disputes arise?

Everything is very simple. The amount that 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 has carried out an accurate data check and established 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 compensation upon dismissal is possible. But only in this situation the employer is obliged to cover additional payments the entire delay. How much will you have to pay?

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

The penalty for delaying payment of settlement upon dismissal is 1/300 of the Central Bank refinancing rate. This is exactly how much of the entire debt amount will have to be paid per day of delay. The countdown will begin the day after non-payment of funds. And it will end on the day the payment is received.

This rule always applies in all cases. In other words, it does not matter whether the employer was at fault for the delays or not. You will still have to pay for the delay in accordance with the provisions established in Russian Federation rules.

Serious penalties for late payments

In Russia, an employer may be subject to more serious liability for failure to pay employees. The point is that the boss must pay the required funds with all interest to the subordinate no later than 3 months. This is exactly the period 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 an employer has not paid the full amount of money to his subordinates for more than 3 months, he will face serious liability. The first scenario is the imposition 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 offender. Or there is a risk of being imprisoned for 12 months.

Vacation and dismissal

The next question that interests many is the calculation of payment for unused vacation upon dismissal. As has already been said, they must pay for it too. 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 Last year, then funds are accrued for all 28 days of paid legal rest. Plus, days worked by agreement with the employer that are holidays are added here (in order to receive an additional day off upon request). If the vacation has been used to one degree or another, then the calculation will be made in direct proportion to the time worked.

How to calculate compensation for unused vacation? First, you need to find out the employee's average salary per day. And then correctly calculate how many days of vacation you need to pay. If an employee has worked for the company for at least a year, but never went on vacation, as already mentioned, he is required to pay for all 28 days. Otherwise, you will have to make calculations using 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? Let’s assume that a person quits on his own after working for 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 employee’s average salary per day. And this money must be paid upon the dismissal of a subordinate.

By the way, in Russia there is no provision for the absence of paid leave. Employees cannot work without it for more than 2 years. If a subordinate intends to do this, it is necessary to force him to retire. And if a person quits after 24 months of work, then he will receive payment 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 resulting amount by the number of months worked in a year.

Request for settlement

It has already been said that it is not always possible to settle accounts with subordinates on the day of termination of the employment relationship. Then you will have to ask the employee for payment upon dismissal. The sample of this document cannot be called template. After all, it is usually written in free form. The requirement might look like this:

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

At the very end there is a date and signature. Nothing else special is required. An employee can describe the reason for his absence from work on the day of dismissal. And nothing more. After writing this document and submitting the request to the employer, the latter will have to provide everything that is necessary for the calculation.

We take the money

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

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

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

Termination of an employment contract

Termination of employment involves the fulfillment of certain responsibilities of management towards the dismissed employee. The cases that trigger dismissal are varied. In some situations, the initiative to terminate the contract comes from the employee; in other circumstances, dismissal occurs due to the fault of the employee or taking into account cumulative external factors.

Upon completion of work, employees must be paid the amounts earned. A calculation of a compensatory nature is also required. The amount of payments depends on the conditions of dismissal, the concluded employment contract and the employer’s internal regulations on remuneration.

Grounds for dismissal

The dismissal procedure is preceded by the occurrence of certain circumstances. Among them are the following: the desire of the parties to continue the employment relationship, the nature of the concluded agreement, and 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 “at one’s own request” coming from the employee.
2. At the initiative of management. Happens for various reasons. Some of them are committed taking into account the degree of guilt of the employee: failure by the employee to comply with labor discipline, inadequacy of the position held, gross violation labor responsibilities, insubordination labor regulations. The termination of the working relationship also occurs due to the refusal of management to renew the contract after the expiration of its term, including the probationary period.
3. Dismissal of senior management employees (directors, chief accountants) upon change of ownership.
4. Termination of labor relations as a result of liquidation of the enterprise, if necessary, reduction of staff.
5. Dismissal is the transfer of an employee to another place of duty.
6. Refusal of employees to further perform their duties under changed working conditions.

Procedure for terminating an employment contract

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

When leaving at your own request, a corresponding statement is written at least 2 weeks before the designated date. During this time, the employee has the right to withdraw the application and continue working.

Dismissal may occur earlier than the agreed period by agreement of the parties. If the employer is found to be violating labor legislation(delay of wages) the employee’s request to terminate the employment relationship must be satisfied immediately, without a 2-week work period.

In the presence of probationary period the resignation letter 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 by notifying 3 days before the end of the validity period. In other cases, it is somewhat more difficult to fire an unwanted employee.

If the reason for termination of the contract is non-compliance with discipline and internal regulations, then this fact will need to be proven in writing. Before dismissal due to redundancy, the employee will need to be offered another alternative position, if available.

In almost all cases of termination of an employment relationship, it is necessary to make a full settlement with the employee.

Payments to employees upon dismissal

There are several types of benefits that dismissed employees may qualify for. Among them are the following:

1. Calculation for time 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-vacations due to the employee are taken into account. If there is leave used in advance, the amount previously paid to him is withheld from the employee. If the settlement funds are not sufficient for this, the dismissed employee repays the resulting debt only on a voluntary basis. If refused, the employer has the right to go to court for damages.
3. Severance pay upon dismissal. Paid if 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 carried out in case of reduction or liquidation.

Tax-free payments upon termination of an employment contract

When dismissing an employee, the corresponding amount of personal income tax must be withheld from the settlement amount. The rule affects both payments attributable to wages and compensation accruals. But in some cases, amounts received are not subject to tax.

If an employee is paid severance pay upon termination of employment, then no tax is withheld from the amount exceeding 3 months' earnings. For workers in the Far North, personal income tax is not withheld from amounts paid equal to 6 times their 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

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

A change in the owner of an organization serves only as a basis for terminating employment relations with the management team, including the chief accountant. Regarding other accounting employees, a change of founders is not a reason for dismissal.

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

3. Hello. How to enter next situation? An employee who has worked for the organization for only 6 months resigns. Previously, by agreement with the employer, he was granted full leave for 28 calendar days. How to calculate severance payments?

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

Dismissal from the place of employment means termination of the contract with the employer and the performance of official duties.

Can be done at the initiative of the employee. The procedure and document flow of the procedure are established in Art. 80 Labor Code of the Russian Federation.

The employee submits his intention to resign to the head of the enterprise. By mutual agreement between the employer and employee it is determined date of dismissal, limited to two weeks.

Business managers must submit an application 1 month before the date of termination of the contract. Entry in contains the basis - paragraph 3 of Article 77 of the Labor Code of the Russian Federation.

More details about voluntary dismissal are described in the following video:

What is included in the payment amount

Upon dismissal, an employee receives:

• Part of the salary earned by him on the day of dismissal.
• Compensation for vacation due and not received on the date of termination of the contract.

Wages are paid for the entire period of the contract, including the day of dismissal, which is a working day.

If an employee of an enterprise took vacation in advance, upon termination of the contract, the employer has the right withhold the amount payment for the rest period. When withholding, the provisions of Art. 138 Labor Code of the Russian Federation. The limit is limited to 20% of wages. The remainder of the amount is paid by the employee voluntarily or withheld in accordance with the procedure judicial proceedings.
calculated for all types of leave. Paid laid down basic, additional holidays and periods established by internal documents - collective agreement or other form.

The main point in the calculation is determining the period (number of days) of vacation according to the period worked.

The period is determined from the date of employment according to information from the employee’s T-2 card. From the estimated time excluded periods:

• Leave without pay for more than 14 days.
• Absenteeism for unexcused reasons.
• Removal from duties for reasons of lack of a medical examination, non-compliance with labor protection conditions and other grounds.

The employee has the right to resign on the last day of vacation.

If a person does not have unused rest days, no compensation is paid.

This takes into account the fact that vacation days are included in the calculation period.

If former employee got sick within 30 days after dismissal, the company makes payments on the certificate of incapacity for work.

Has features:

• The employee is not employed, as evidenced by the absence of an entry in the work book.
• The certificate of incapacity for work is submitted to the organization no later than 6 months from the date of dismissal.
• The payment amount is 60%, regardless of the person’s length of service.

A slip of any duration must be presented for payment. Leaves issued when relatives are ill are not paid for.

Calculation rules

No additional application is required to receive a quote.

If the provisions of the Labor Code of the Russian Federation are violated by the employer, the employee submits a written statement. The supplied visa with comments will allow you to challenge the employer’s actions in the labor inspectorate or court.

The most common cases are disputes over the payment amounts and the timing of the issuance of the settlement.

Protest You can only pay officially earned wages. If some of the payments are made unofficially, when contacting the authorities, there is a reason to impose fines on the employer and employee.

Calculation time wages is carried out on the basis of days worked multiplied by the daily earnings of the month of dismissal.

When determining the amount, bonuses and other payments specified in the collective or are taken into account proportionally. Piecework wage paid upon the actual production received.

Sum calculation can be included in the general payroll. If the last working day falls within the inter-account period, the accountant creates a separate statement. For piecework payments, accrual is made on the basis of the work order issued to the dismissed employee.

Compensation unused vacation is calculated based on average daily earnings determined for the annual period preceding the month of dismissal.

The total income is divided by the number of months fully worked and a coefficient of 29.3. The resulting value is multiplied by the number of allotted vacation days.

When should the calculated benefit be paid?

Payment is made to the employee on the day of dismissal. If an employee is absent on the last working day in case of illness or vacation, the amounts due are issued upon a separate application from the person. Payment is made the next business day after application.

In case of no-show The employer sends a notice to the employee at the place of registration or residence of the dismissed employee for the required payment and documents. At non-cash form The calculation is transferred to the card. The forwarding of the work book is carried out only with the consent of the former employee.

Untimely issuance of payments due upon dismissal and a work book entails financial liability employer.

The grounds upon which an employee can receive compensation are established in Art. 234 Labor Code of the Russian Federation. Compensation is payable in the amount of average earnings for days of forced downtime.

There are situations in life when, due to unforeseen circumstances, you have to leave your permanent place of work. This does not always happen at the employee’s request: they have to quit for various reasons. According to the Russian labor code, an employee must receive monetary compensation when leaving his official place of employment. Severance pay upon dismissal is provided so that the citizen is not left without money to live after losing his job. Let's look at what severance pay is, who it is intended for, and how to calculate severance pay.

Severance pay upon dismissal: what is it and what are the grounds for calculating it?

Severance pay upon dismissal is a one-time compensation that is accrued to an employee upon leaving a permanent job. It is intended only for officially employed citizens (those who work on a work book). Payment of severance pay does not always occur: if the employee quits on his own initiative, the payment is not accrued.

Cash payment upon dismissal by agreement of the parties

The Labor Code of the Russian Federation provides for compensation in the event of an employee’s dismissal by mutual consent of the employee and the employer. This is the most common way early termination employment contract, since it does not bring large financial losses to the employer or employee. Let's consider what kind of dismissal payments a person can claim in this case:

• Salary for the current month. The company is obliged to pay the employee the money he earned for last month;
• Payment that is specified in the employment contract. When signing a contract for employment, the employer and employee must agree on the amount of severance pay upon dismissal. IN labor code The Russian Federation states that such compensation cannot be less than two weeks’ salary of an employee (for managerial positions - at least three months).

The amount of salary that is provided to an employee in the event of dismissal by agreement of both parties is negotiated individually with each candidate for the position before signing the employment contract. Upon termination of the employment contract, the person receives the salary that was originally agreed upon in the document.

Cash payment upon liquidation of an enterprise

Liquidation is a process during which a company completely ceases its activities, settles accounts with employees and closes. According to the legislation of the Russian Federation, dismissal during the liquidation of an organization is a reason for payment of benefits, since leaving a place of work does not occur at the initiative of the employee. Let's look at what payments are due upon dismissal during the liquidation of an enterprise:

• Salary for the last month - regardless of what caused the closure of the organization (bankruptcy, a large number of debts, etc.), the employer must pay his subordinates for the work they performed;
• In addition, the company must compensate for the period of time spent by the employee searching new job. On average, a person spends about three months searching for a position, but this period also depends on the specifics of the profession. For example, for employees seasonal work this period is 2 months, for people who work in the far north - 6 months.

The calculation of severance pay upon dismissal is based on the amount that the citizen receives monthly. For each month during which a person is expected to look for work, the employer must pay him one month's average salary. Thus, the average citizen will receive 1 salary for the last month worked + three additional salaries.

The procedure for receiving severance pay upon liquidation of an enterprise

A person can receive a salary for the last thirty calendar days that were worked on the day of dismissal. Further benefits upon dismissal are paid only in the following cases:

1. The employee registered with the labor exchange within two weeks from the date of the official severance of employment relations with the former employer;
2. The employee is disabled (has a disability group or diseases that may prevent him from finding a job as soon as possible).

The payment period for benefits is one day from the date of submission of a document confirming registration with local employment authorities.

This topic is discussed in more detail in our article.

How is compensation calculated in other situations?

Above, we examined what dismissal payments are due to Russian citizens in the three most common cases (downsizing, dismissal by agreement of both parties, and reorganization of the enterprise). But there are also cases in which a person leaves his place of work not on his own initiative, so the company must pay compensation to the resigning citizen. The following situations can be distinguished:

• The employee was called up for military service;
• Obtaining a disability group, as a result of which the employee cannot work;
• An employee does not want to move if the company changes its location of activity.

In the above situations, termination of the employment contract occurs for reasons that do not depend on the employee, so the employer must pay compensation so that the person has something to live for while looking for a new job. In this case, the employee may qualify for the following severance benefits:

• Salary for hours worked;
• The average two-week salary of an employee. A human resources accountant calculates the average monthly salary using the formula presented above and subtracts two weeks’ earnings from the amount received. The remaining amount is paid to the dismissed employee.

As we see, severance pay is paid to a citizen of the Russian Federation in all cases if the dismissal did not occur on his initiative or not under the article.

What to do if the employer does not pay compensation on time?

Depending on the grounds for dismissal and other nuances, the timing of payment of compensation differs. As a rule, an enterprise must credit compensation to a citizen’s card within 30 days from the date of termination of the employment contract. According to , a citizen can appeal to the judicial authorities, the prosecutor's office of the Russian Federation or the labor inspectorate regarding non-payment of compensation upon dismissal.

Important! Before contacting the authorities, you should notify your employer that you intend to recover due payment V judicial procedure, since in the future representatives of the organization may claim that you did not apply for payment.

Upon written notice former employer You can apply with a work book or employment contract:

• To the court - no later than thirty days from the date of termination of cooperation with the employer;
• To the labor inspectorate - no later than ninety days from the date of termination of cooperation with the employer.

The authority is obliged to consider the issue of the employee whose rights have been violated within a month.

Common Questions

Here we present some common questions regarding the payment of dismissal benefits.

Is personal income tax deducted from severance pay upon dismissal?

Personal income tax ( individuals) can be deducted from the severance pay if the dismissal occurred by agreement of the employee and the employer, and only if the amount of the salary is equal to or exceeds three salaries of a citizen.

Is it necessary to join the labor exchange after dismissal at the initiative of the employer?

Registration at the labor exchange is the main condition for receiving payment upon liquidation of an enterprise. In other cases, the procedure is not necessary.

Can an employee resign on his own initiative and receive compensation from the employer?

Compensation is paid only to those people who lost their jobs against their own will. It is assumed that if a citizen independently terminates a contract with an employer, he has funds for his future life, so benefits are not accrued in such a situation.

If you have any questions about the topic of this article, be sure to write in the comments below.