What is the final settlement upon dismissal. Calculation of payment upon dismissal of your own free will. Then the additional reward will be

Regardless of the reasons why the employment contract with the employee is terminated, the employer must settle accounts with him on the day of dismissal (or the next, if he did not work on the day of dismissal). We will figure out what payments are due and how to calculate an employee upon dismissal in various situations.

Dismissal payments

The list of due payments, which make up the calculation of an employee upon dismissal, include:

salary, various additional payments, allowances and bonuses (in accordance with the current Bonus Regulations in the company) for hours worked;
upon dismissal at the initiative of the employer, for example, by reducing staff or positions, liquidating a company - severance pay and compensations stipulated by industry agreements.

Dismissal procedure and calculation

The general procedure for dismissal is determined by Art. 84.1 of the Labor Code of the Russian Federation - the date of dismissal is indicated in the order of the head, with whom the employee is introduced under the signature. The salary is calculated based on the salary or the tariff rate and is paid for all days of the month worked. Compensation for unused vacation time is calculated from the average earnings for the previous year (2.33 days x number of months x average daily earnings). By the way, an employee can first take off the due vacation days, and then quit.

If the vacation is used in advance, that is, it has not been worked out before dismissal, then the employer has the right to withhold the amount of his payment from the amount of the final settlement, but he may not do this, since this is his right, not an obligation. True, there are situations when the withholding of amounts for used vacation in advance is prohibited - upon liquidation of a company, dismissal for health reasons, on military conscription, due to force majeure circumstances, upon death.

The calculation upon dismissal can be supplemented by the calculation of severance pay, which is based on the amount of average monthly earnings.

Particularly considered is the question of the procedure for calculating upon dismissal, if on that day the employee is on sick leave. It is possible to calculate an employee on the day of dismissal in such a situation only if he leaves on on their own and did not warn the administration about postponing the term of dismissal after leaving the sick leave. In case of dismissal initiated by the employer (if we are not talking about liquidation of the company), dismissal during the period of illness is impossible.

Consider how the final settlement is made upon dismissal in standard and non-standard situations.

How to calculate an employee upon dismissal: examples

Example No. 1 (basic): full calculation upon dismissal of your own free will

Employee of the firm Ivanov I.M. resigns of his own free will from June 11, 2018 (in June 6 days worked for 8 hours = 48 hours). Ivanov's salary is 50,000 rubles, according to the Bonus Regulations, he receives a monthly bonus of 15% of the salary for the hours worked.

The amount of earnings over the past 12 months amounted to 700,000 rubles. (the period is fully worked out). The number of days of unused vacation is 10.

salary - 50,000 / 159 hours according to the June rate x 48 hours = 15,094.34 rubles;
premium - 15% of 15 094.34 rubles. = 2264.15 rubles;
compensation for unused vacation- RUB 19,841.30:

700,000 / 12 / 29.4 = 1984.13 rubles. - average daily earnings;

10 days x 1984.13 rub. = 19 841.30 rubles;

the total amount of charges - 37,199.79 rubles. (15 094.34 + 2264.15 + 19 841.30) is subject to taxation;
Personal income tax - 13% of 37,199.79 = 4836 rubles;
amount on hand - 32,363.79 rubles. (37 199.79 - 4836).

Example No. 2: how to make a calculation upon dismissal, if an employee

1. Sick before the day of dismissal:

Let's supplement the initial data of the previous example. Ivanov I.M., resigning on June 11, 2018, fell ill and issued sick leave from June 1, 2018. Since he leaves of his own free will, the personnel officer should contact him, specifying the date of dismissal - the law is unambiguous: an employee can insist on dismissal on the agreed date, or he can leave after presenting a sick leave to the employer. Let's say that the duration of the sick leave is from June 1st to 13th. Consequently, the day of dismissal (with the appropriate notification to the administration) is June 14. The amount of payment for b / l - 12,000 rubles.

The calculation will be as follows:

in June he did not work, sick leave payment - 12,000 rubles;
vacation compensation - 19,841.30 rubles;
Personal income tax from payments - 13% of 31,841.30 rubles. (12,000 + 19,841.30) = 4139 rubles;
the amount of settlement money - 27 702.30 rubles. (31,841.30-4139).

2. Sick on the day of dismissal:

Again, taking into account the initial data of the 1st example, let us assume that Ivanov I.M. fell ill on the day of dismissal - June 11. In this case, the employer is obliged to pay the sick leave, taking into account the insurance experience, then draw up the calculation. Let's say that the duration of Ivanov's illness was 4 days - from 11th to 14th June. For 3 working days, payment for b / l was 5000 rubles. - 100% with an insurance experience of 10 years. The date of dismissal is June 15.

salary 15,094.34 rubles;
premium RUB 2,264.15;
vacation compensation RUB 19,841.30
the amount of sick leave payment of 5,000 rubles is added to the calculation amount;
only 42,199.79 rubles were charged;
Personal income tax from the calculation amount - 5486 rubles. (42199.79 x 13%);
amount on hand - 36,713.79 rubles.

Note that the legislator reserves the right for the dismissed employee to apply to the previous place of work to pay for the incapacity for work for another 30 days after the dismissal, if during this time he did not manage to get another job. Payment in this case will be 60% of the estimated amount. In this case, the size of the insurance period does not matter (clause 2 of article 5, clause 2 of article 7 of the law of December 29, 2006 No. 255-FZ).

Example No. 3: payments to an employee upon dismissal, if the vacation is used in advance

Leaving the basic data on the dismissed employee from the 1st example, we will make changes to the question of the use of vacation. Let's assume that Ivanov I.M. I went on vacation in advance, for example, I used 28 days, and there is 1 day of vacation left before the end of the billing period. The manager made a decision to withhold the amount of vacation pay for 1 day.

salary 15,094.34 rubles;
premium RUB 2,264.15;
no compensation is due. Since the vacation is used in advance, it is necessary to withhold the amount of vacation pay for 1 working day. It will have to be calculated based on the number of working days in the previous dismissal 12 months - 247 days (from 1.06.2017 to 31.05.2018).

700,000 / 247 x 1 = 2,834.00 rubles.

According to the general rules, deductions from salary cannot exceed 20% of the amount payable after taxes. Therefore, in case of overpayment of vacation pay exceeding this level, the employee can return the difference voluntarily (if he agrees). According to the court, the employer will not be able to collect this debt. For more information on when you can and when you cannot withhold money for the vacation used upfront, read our article. In our example, the limit on the amount of deductions will be ((15 094.34 + 2264.15) - ((15 094.34 + 2264.15) x 13%) x 20% = 3020.38 rubles. Therefore, the amount of 2834 rubles will be fully deducted from accrued payments.

Since the previously issued vacation pay was already taxed with personal income tax, we will calculate the tax on the amount of due payments, taking into account the amounts withheld - 14,524.49 rubles. (15 094.34 + 2264.15 - 2834.00):

14524.49 x 13% = 1888 - the amount of personal income tax.

Upon dismissal, the employee must receive a calculation in the amount of 12,636.49 rubles. (14 524.49 - 1888).

Upon dismissal of an employee (regardless of the reason for dismissal), the employer is obliged to make the final settlement with this employee, that is, he must pay all the amounts due to the employee (unreceived salary,).

Calculation after dismissal: terms

Labor legislation establishes clear deadlines for the calculation of dismissal. So, the payment of all amounts is made on the day of dismissal (Article 140 of the Labor Code of the Russian Federation).

Recall that according to general rule the day of dismissal is the last day of the employee's work.

Calculation upon dismissal: payment terms, if the employee was absent on the last day of work

If the employee, for example, was on vacation or was ill, that is, was absent on the last day of work, and the salary in the organization is paid in cash, then the employer must make the calculation upon dismissal no later than the day following the day when the employee applied for the calculation (Article 140 Tax Code of the Russian Federation).

Calculation of an employee upon dismissal: the terms of payment were violated by the employer

An employer who has violated the calculation period upon dismissal of an employee must pay the latter compensation for delayed payments in the amount of not less than 1/150 of the Central Bank's key rate in effect during the period of delay (Article 236 of the Labor Code of the Russian Federation). Compensation is calculated for each day of delay, starting from the day following the day when the employer was supposed to settle upon dismissal, to the day of actual settlement, inclusive.

What else threatens the employer if he did not make a payment on the day of dismissal

If the employer violated the deadline for issuing the calculation upon dismissal, and the employee complains about him to labor inspection, then the employer faces a fine in the amount of (

If the employee independently decided to terminate the employment relationship, he must inform the employer about his decision in the application. At the end of the warning period, a dismissal order is issued, in work book a record of termination of the contract is made. On the last working day, the employee is transferred all payments to which he is entitled. The list of what is paid upon dismissal of one's own free will includes:

amounts for unclaimed vacation days;
payment for the days actually worked;
bonuses and remuneration, if provided for by the organization's internal regulations;
severance pay, when provided for by labor law, collective or labor agreement.

Counting order

The calculation is made by the accounting department on the basis of the order to terminate the contract () issued by the employer.

The following calculation procedure is now in force upon dismissal of one's own free will:

The salary is calculated for the days worked.
Compensation for unclaimed vacation is calculated.
The amounts received are added up and transferred to the resigning employee.

Payroll calculation

Remember the rules for how worked wages are calculated:

if the worker has worked a month in full, he is paid a full salary;
if a person has worked less than a month, then the average earnings per day are multiplied by the number of days worked. The amount received is for issue.

Compensation for unused vacation

If the employee did not rest, he is compensated. Calculation upon dismissal is regulated as follows: first, calculate the average earnings for 1 working day, when calculating, take into account bonuses and allowances. Then multiply the resulting amount by the number of days of rest. When calculating vacation pay, keep the following points in mind:

If the employee has used all the prescribed days this year, he will not be entitled to compensation.
If the employee has accumulated unclaimed rest days over several years or over the last period, then all unused days are paid (including for previous years).
If the employee took a vacation in advance, recalculate and withhold the previously paid amounts from the due wages.

An online calculator will help to correctly calculate an employee upon dismissal of his own free will.

An example of calculation when terminating a contract of your own free will

Commodity specialist Zueva wrote and sent to the director an application for termination employment contract with a request to fire her on 09/30/2019. According to the signed contract, her wage is 30,000 rubles per month. There are 21 working days in September. The commodity specialist worked for 16 days. During these days, she should receive money. The calculation of the salary is as follows: we divide 30,000 rubles by 21 working days and multiply by 16 actually worked days. The resulting figure - 22 857.15 rubles - must be paid.

We figured out the calculation of the salary, let's move on to the algorithm, how the compensation for unclaimed vacation days is calculated upon dismissal. Zueva, a commodity expert, got a job at the enterprise on July 22, 2018 and completely took a vacation for the entire previous period from 07/22/2019 to 08/18/2019. She was going to quit on 09/30/2019. As a general rule, for each month worked, 2.33 days of vacation are allowed. The commodity specialist has worked for a month, and she has 2.33 unused days in her asset. Zueva earns 360,000 rubles a year. (30,000 × 12), and her average daily earnings are 1,023.89 rubles. (360,000 / 12 / 29.3). As a result, upon termination of the contract of her own free will, she will be paid compensation in the amount of 2386, 67 rubles.

We draw up a note-calculation

The note is drawn up in the form No. T-61, approved. ... Form T-61 is filled out on the basis of settlement and payment documents, statements, which contain information on various charges to an employee (wages, bonuses, allowances, and more). This is a two-sided form that the HR officer and accountant are responsible for filling out. On the front side, which the personnel officer fills out, information about the organization, the employee and the employment contract in force between them is reflected. On the reverse side, which the accountant fills in, the calculation of payments upon dismissal of his own free will is made.

We offer you to download the form of a note-calculation upon dismissal. Use it to make the final settlement when you leave your job of your own free will.

Nuances of payments

The labor legislation establishes the calculated ones upon dismissal of their own free will. They are mentioned in article 140 of the Labor Code of the Russian Federation. Cash must be disbursed on the last business day.

And although the last working day is the final deadline according to the Labor Code of the Russian Federation, when settlement is made upon dismissal, the actual last working day and the day of termination of the contract do not always fall on the same date. If the day of termination of the contract falls on a weekend, you must prepare in advance Required documents, provide them to the employee for signature, make a payment.

The issuance of all documents and full settlement upon dismissal of their own free will be carried out at other times in the following situations:

in the absence of an employee at the workplace on the last day, money is issued the next day after his application (this option does not apply to card payments);
if an employee leaves immediately after vacation (on the last day of vacation and does not go to work), settlement after dismissal of his own free will is unacceptable: funds are paid together with vacation pay or on the last working day before vacation;
if a person is on sick leave, temporary disability benefits will be paid after he brings it to his former job.

Even if the employee is ready to wait and has confirmed this in writing, it is impossible to postpone the final calculation of the employee's salary upon dismissal of his own free will in 2020 and its payment at a later date. This is considered a violation. labor legislation- Art. 140 of the Labor Code of the Russian Federation, can be fined and ordered to pay compensation for the delay (see the Appellate ruling of the Omsk Regional Court of 05/30/2019 in case No. 33-3120 / 2020).

Liability for delayed payments

Failure to comply with the terms of payments violates the law and entails bringing the employer to administrative or criminal liability (depending on the timing of the delay), imposing fines on him () in the amount of up to 50,000 rubles.

For companies, compensation is also provided for the dismissed for the delay. Money(). In the event of a delay, the funds due to the employee will be paid with a percentage of at least 1/150 of the key rate of the Central Bank of the Russian Federation for each day of delay.

When calculating upon dismissal of one's own free will, the terms of payments are not shifted, all calculations take place on the last day of service.

If you are not settled

If on the last day of work the employer did not perform assigned to the employee payments upon dismissal of their own accord (in cash or on bank card- it doesn't matter), there are several ways to restore justice:

contact the employer directly with a statement on the final settlement ("In accordance with Art. 140 of the Labor Code of the Russian Federation, I ask you to make the final settlement with me" __ "_______ 2020 in connection with the dismissal of my own free will. G."). It is necessary to bring two copies of the application, one to transfer to the employer, on the second to receive a mark that the application has been received. If the manager refuses to accept the application, pass it under the incoming number to the secretary or send it by mail;
file a complaint to State Inspectorate labor. Remember that the deadline for processing a complaint is 30 days, and prepare your application as soon as possible. He will be accepted through the reception of the inspection (under the incoming number), through electronic service or by post... In the complaint, indicate your full name, address and telephone number, details of the employing organization, state in detail the essence of the claim, what measures were taken, what is the amount due payments... If you have supporting documents (work book, applications, order for hiring and termination of the contract, a copy of the letter to the employer, etc.) attach them. The inspector will conduct an audit, and you will receive a motivated answer based on its results. If violations are revealed, the employer will receive an order to make payments and pay a fine;
write to the prosecutor's office at the employer's location. The scheme of appeal is the same as for the labor inspectorate. Because the government bodies they often conduct joint inspections, admittedly, without wasting time, write statements both to the State Inspectorate for Information Technologies and to the prosecutor's office. The prosecutor's office also has the right to issue an order to the employer to pay the withheld funds, but cannot force him to do so. This is the prerogative of the district (city) court;
go to court with a statement of claim or an application for a court order. The possibility of going to court in case of infringement of the rights of an employee has limitations: you can do this within three months from the moment of violation of your rights - from the last day of work. Therefore, the most effective is the simultaneous appeal to three instances at once: the labor inspectorate, the prosecutor's office and the court. This is not prohibited by law, but due diligence and a subpoena stimulate the employer to make a decision in your favor and to calculate the calculation upon dismissal of your own free will with subsequent payment.

Upon dismissal, the employer pays the employee a salary and compensation for unused vacation. There are many sites with calculators on the Internet, but we will tell you how to check the calculations of the personnel officer and what options are there to get more vacation pay.

How to calculate unused leave upon dismissal

Standard paid vacation - 28 calendar days per year. For each month worked, the employee is entitled to compensation in the amount of 2.33 days of paid leave. To calculate how many unused days an employee has, you need to know the length of service - the difference between the date of hiring and the date of dismissal. Subtract the amount from the experience calendar days holidays that the employee has already taken.

The calculation of compensation for unused leave upon dismissal is affected by days without pay. If the employee went on unpaid leave for more than 14 calendar days per year, the excess will be deducted from the length of service when calculating compensation - the number of days over 14.

To correctly calculate the number of days of unused vacation for calculating compensation, you can take information from the HR officer about all your vacations and suspensions. If any dates are in doubt, ask them to show you your vacation applications and orders. The shelf life of orders for unpaid leave, childcare and disciplinary action- 75 years old, oh annual leave- five years.

Calculation of the average daily earnings

To calculate the average daily earnings, the amount of accrued wages and other payments for the last 12 months is divided by 12 and by 29.3 - this is the average monthly number of calendar days. 29.3 is a statutory constant. If during the last year the employee was on vacation or was on sick leave, then the salary is divided not by 12, but by the amount of full months worked, multiplied by 29.3, and the number of days in incomplete months.

This takes into account the salary, regional coefficient, allowances and additional payments to salaries, pay for work on weekends, bonuses and other payments provided for by the employment contract or local regulations of the employer, for example, the bonus regulations.

Premiums are included in the calculation of compensation in whole or in part - depending on the type of premium and the period for which it is accrued.

For example, a bonus for a project that lasted a year and a half will be partially credited when calculating compensation, and a bonus for fulfilling a sales plan two months ago will be credited in full.

To calculate the average daily earnings, the time and the amounts accrued during this time are excluded from the billing period if the employee was released from work with full or partial salary or without payment. For example, he was on vacation, including without pay, or on sick leave. Payments for such periods are not taken into account when calculating compensation, the days of an incomplete month are considered as follows: 29.3 are divided by the number of days in the corresponding month and multiplied by the difference between the number of days in the month and the number of days when the employee was absent. If an employee took a week's vacation in March, the personnel officer will take into account 22.68 days in the calculation of compensation, and not 31:

29.3 / 31 × (31 - 7) = 22.68.

If an employee has worked for less than a year, then in calculating the compensation for unused vacation upon dismissal, the actual hours worked and all payments for this period, with the exception of those listed above, are taken into account.

How to get more vacation pay when you leave

When calculating unused days, the employee's seniority is rounded to months. If in incomplete month the employee worked less than half before dismissal, round down; if half or more - in large. That is, you can work for 10.5 months, and receive compensation for vacation pay as for 11.

Employees who have worked in one place for more than 11 months, but less than a year, are entitled to compensation for a full year. If an employee has worked more than 5.5, but less than 12 months and the employing organization is liquidated, upon dismissal, he should also be compensated for unused vacation days for the whole year.

An example of calculating compensation for leave upon dismissal

For example, Ivan got a job on August 10, 2016, decided to quit on November 23, 2018. During this time, he rested 25 calendar days, and over the last year took another 17 days of leave without pay.

Ivan receives a salary of 100,000 RUR per month. In February 2018, he was paid a bonus for Defender of the Fatherland Day of 6000 R, but it is not provided for by the local regulations of the employing organization. Ivan also receives 1000 R of compensation for travel expenses every month.

First, let's calculate the experience: from August 10, 2016 to November 23, 2018, 2 years, 3 months and 14 days have passed. Since Ivan took more than 14 days without maintenance over the last year, the excess will be deducted from the experience - this is three days. Total work experience of the employee before dismissal: 2 years, 3 months and 11 days.

In order to receive more vacation pay upon dismissal, Ivan must work at least 4 more days - then the experience will be 2 years, 3 months and 15 days and it will be rounded up. Then Ivan needs to resign not on November 23, but on November 27.

Upon dismissal for 28 months of work experience, Ivan is entitled to 65.24 days of vacation. Subtract from them 25 days that he had already walked off - 40.24 unused days left. The tenths and hundredths are not rounded off in such calculations.

Now let's calculate the average daily earnings. Ivan resigns in November - which means that the settlement period is from November 2017 to October 2018 inclusive. If Ivan had never been sick over the past year and had a completely unused vacation, the calculation of his average daily earnings would look like this:

(100,000 × 12) / 12 / 29.3 = 3412.97 R.

But Ivan over the past year went on a paid vacation for 25 days in June and took 17 days of rest at his own expense in October - in these months, days minus vacation will be taken into account.

First, let's count the number of days in each of the incomplete months worked - July and October: we divide 29.3 days by the number of calendar days in a month and multiply by the number of calendar days that fall on the time worked this month.

July: 29.3 / 31 x 6 = 5.67.

October: 29.3 / 31 x 14 = 13.23.

For the previous year, Ivan received 1,057,114.62 R salaries, paid a bonus for the holiday of R 6,000, which is not taken into account in the calculation of compensation, since it is not provided for by the remuneration system. To calculate Ivan's average daily earnings, we divide the salary for the year by the sum of the total months worked, multiplied by 29.3, and the days in incomplete months:

1,057 114.62 / (10 × 29.3 + 5.67 + 13.23) = 3389.27 R.

If Ivan resigns, as planned, on November 23, the compensation for unused leave upon dismissal will be R 128,487.23:

37.91 × 3389.27 = 128,487.23 R.

But he has the right to receive compensation for unused vacation eight thousand more if he postpones his dismissal until November 27:

40.24 × 3389.27 = 136 384.22 R.

Last modified: January 2020

How to calculate an employee upon dismissal

The administration must make a settlement upon dismissal by paying:

salary;
compensation for unused vacation;
severance pay.

Issue a work book to the resigning person, requested copies of documents.

How to calculate your salary

ZP = Omes. / Drab. * Two.

Salary - wages;
Omes. - the monthly salary of the worker;
Drab. - the number of working days in a month;
Two. - the number of days the employee leaves.

It is necessary to take into account the stipulated premiums, regional coefficients.

Sinelnikov A.T. leaves 17.09.2018. His salary is 52,300 rubles. In September 20 working days, he worked 11 days. We calculate the salary for September: 52300: 20 * 11 = 28765.

For whom severance pay is established

When the contract is terminated (headcount), liquidation of the organization, the employer pays the reduced average monthly salary, and the same amount for the period of employment, up to two months. According to the decision of the employment service, money is paid for the third month, if the dismissed person registered for unemployment within two weeks and did not find a job. The provisions are governed by Art. 178 of the Labor Code of the Russian Federation.

The reduced person is additionally paid average monthly salary if he is dismissed earlier than two months of the notice of termination of the contract (part 3 of article 180 of the Labor Code of the Russian Federation).

average salary paid for two weeks (part 3 of article 178 of the Labor Code of the Russian Federation):

who refused to be transferred to work necessary for health reasons;
conscript to the ranks of the RA;
dismissed due to the reinstatement of the former occupying this place;
who refused to be transferred with the organization to another locality;
recognized as incapable of working;
who refused to work due to a change in the terms of the contract.

Payment may be provided upon dismissal by agreement of the parties. Its size is fixed in an agreement drawn up in two copies.

Regulatory acts management, the collective agreement may establish other payments.

What is excluded when determining average earnings

Intervals, payments for (Article 129 of the Labor Code of the Russian Federation) are excluded:

paid vacation;
time off;
absence due to illness;
business trips;
absence due to pregnancy and childbirth;
babysitting up to 1.5, 3 years old;
looking after a sick family member, a disabled child.

Excluded material help, reimbursement of travel, communication, food.

Average daily earnings for calculating benefits

The calculation is based on the twelve-month interval preceding the month of termination. labor relations... If not a year has passed from the moment of admission to dismissal, the estimated period is taken from the date of admission.

Zpos. = D12 / Dotr.,

Zpos. - average daily wages;
D12 - twelve months income;
Dotr. - the number of days worked during this time.

For the estimated period from September 2017 to August 2018, Sinelnikov was charged 641,304 rubles, including 15,251 sick leave for the period from 13 to 21 March. The employee is set to a five-day week with two days off.

Accruals for labor will be: 641304 - 15251 = 626053.

Working days in the period 247. We subtract 9 days of illness. Number of release days: 247 - 9 = 238.

The average daily wage will be: 626053: 238 = 2630.47.

Calculating severance pay

VP = Add. * Zpos.,

VP - severance pay;
Add. - working days to be paid, the number of days of the period is determined according to the schedule of the enterprise.

According to Art. 14 of the Labor Code of the Russian Federation, the period begins on the day following the date of leaving the organization. Let's look at an example.

Sinelnikov resigns due to staff cuts on September 17, 2018, he is entitled to an allowance for the period from 09/18/2018 to 10/17/2018. In the interval according to production calendar 22 working days. We calculate the amount: 22 * 2630.47 = 57870.34.

If the amount is paid in two weeks, 14 days are taken following the date of termination of the employment relationship.

When compensation is paid for unspent leave

Compensation is due for all unclaimed days (part 1 of article 127 of the Labor Code of the Russian Federation). For the year worked, the worker is entitled to 28 paid calendar days of rest, for a full month 28:12 = 2.33.

If a different duration of rest is set, you need to divide it by 12. The resulting fraction can be increased to a whole (letter from the Ministry of Health and Social Development of the Russian Federation of 12/07/2005).

If, after counting the number of years, months and days of unused rest, there are less than 15 days left, they are discarded. An amount equal to or greater than 15 is counted as a whole month.

The employee's working year starts from the date of joining the organization.

The following are excluded from labor time (part 2 of article 121 of the Labor Code of the Russian Federation):

absence without good reason;
inadmissibility to work due to the fault of the worker;
babysitting up to 1.5, 3 years old;
unpaid absence with the permission of the management, exceeding two weeks a year.

These intervals shift the end of the year by the corresponding number of days.

Average daily earnings for calculating compensation

Zcomp. = Start: 12: 29.3,

Zcomp. - average daily wages;
Beginning - accruals for the year.
If the term is partially fulfilled:

Zcomp. = Beginning :( 29.3 * Mtot. + 29.3: Dkaland. * Two.),

Mpoln. - number of full months;
Dkaland. - the number of calendar days of the month partially worked;
Two. - the number of days of the exit period in the month worked partially, including weekends, holidays within this period.

Estimated period: from September 2017 to August 2018. Sinelnikov worked for 11 full months. In March, the working hours were (from 13 to 21 were sick): 31 - 9 = 22 days.

Accruals for labor: 626 053 rubles.

Average earnings will be: 626053: (29.3 * 11 + 29.3: 31 * 22) = 1824.73.

Calculation of compensation for unused vacation

Comp. = Zcomp. * Dcomp.,

Comp. - compensation;
Dcomp. - compensated vacation days.

Determining compensation for Sinelnikov on 09/17/2018. The redundant has 28 calendar days of vacation. Reception date - 10.12.2015. The employee rested at the expense of the employer from May 10 to June 6, 2016, from July 3 to July 30, 2017. From December 4 to 8, 2016 (5 days) he took time off.

From 10.12.2015 to 09.12.2017 - 2 years;

from 10.12.2017 to 09.09.2018 - 9 months;

from 09/10/2018 to 09/17/2018 - 8 days, discard them: this is less than 15.

The number of days off equal to 14 or less per year is not excluded from the working time (we have 5).

Sinelnikov earned:

2 * 28 + 9 * 2.33 = 76.97 vacation days, round up to 77.

Spent 56 days.

Unused days left:

77 – 56 = 21.

We calculate compensation (we take the previously received average daily earnings):

21*1824,73 = 38319,33.

We will make a full calculation: we will summarize the salary, severance pay and compensation:

28765 + 57870,34 + 38319,33 = 124954,67.

When are paid

The administration must make the final settlement with the worker upon dismissal by paying him all the amounts due on the day of termination of the employment contract (part 1 of article 140 of the Labor Code of the Russian Federation).

Free question to a lawyer

Do you need a consultation? Ask a question directly on the site. All consultations are free / The quality and completeness of the lawyer's answer depends on how fully and clearly you describe your problem: