Dismissal without compensation in what cases. Final settlement upon dismissal of an employee. Compensation for early termination of an employment contract

If you change your place of work, it is very important that there is a full settlement between you and the employer. financial resources that you were entitled to. And that is why, it is very important to know your labor rights to prevent them from being violated. We will talk about this right now.

Features of dismissal and payments

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

· Salary for actually worked time in the current month;

· Compensation for unused vacation (all days of vacation for different years);

· severance pay, the size of which is determined by law.

As a rule, salaries to dismissed persons are paid no later than the day of dismissal (in accordance with 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 after the latter submits a demand for final settlement.

Basic payments

So, let's talk in more detail about what payments are made by the employer upon termination. The first is the salary for the hours actually worked during the month the employee quit. It includes all available allowances, bonuses and surcharges.

According to article 127 of the Labor Code of the Russian Federation, an employee upon dismissal is also entitled to financial compensation accrued for unused vacation. At the same time, the employee can submit a written application that unused vacations can be provided 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 the 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, and the year at the time of dismissal has not fully worked, then the amount of average earnings for the days not worked is subject to withholding. However, retention is not carried out in the following situations:

· Termination of activity or liquidation;

· Reduction in the number of employees;

· Inadequacy of the employee for the position held or duties for health reasons;

· Change of the owner of the company's property;

· Conscription of an employee for military service or assignment to alternative service;

Reinstatement of an employee in the workplace who previously performed his duties by a court decision or state inspection labor;

· Recognition of the employee as completely incapacitated;

· Death of the employer or employee;

The onset of extraordinary circumstances that prevent the continuation of labor relations.

With regard to severance pay, then upon dismissal, the average monthly wage is 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 wages, then for a dismissed employee, it can only be retained if he does not get a job new job... So if you want to be paid average monthly salary for the period of employment for the second month, you need to confirm that you did not work at that time. To do this, you will need to submit work book.

This information will help you get all your termination payments.

Do you have to pay settlement upon dismissal? Are there any deadlines for the employer to meet when solving the task? These questions are of interest to everyone who plans to leave their job position... 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 owes nothing 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 know before leaving?

Should I pay

Is there a payout on dismissal? Has the time frame for this process been established at the legislative level? Should an employer pay his subordinates at all?

On the this moment In Russia, there are laws according to which each boss is obliged to make payments with his employees. He pays for every day the employees work. And this is a mandatory measure. Otherwise, the dismissal process can be called disrupted. Accordingly, subordinates have the right to file complaints 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 worry about this, he faces a fine in one amount or another.

What they pay for

For what is the payment of calculation upon dismissal? The timing of this action is a completely different question. 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 make payments at the time of termination of employment!

At the moment, you can request (or collect) money 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 collect funds. And every employee can demand them. Usually employers independently settle accounts with subordinates. The main thing is to check the correctness of the charges.

Upon dismissal

When is the payment due upon dismissal? The timing of this action is set 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 settle accounts with his subordinates on the day of dismissal. Exactly when there is a direct removal of the employee from the performance job responsibilities... Not earlier, not later.

Accordingly, already by the time of dismissal, the employer compulsorily draws up all the documents necessary for the calculation. And along with the 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 an employee is not in the workplace at the time of termination of employment. And then, as you might guess, the employer cannot calculate 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, the reckoning is carried out. It is possible no later than one day from the moment of making the corresponding 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 an application. 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 the termination payment due? The timing can be varied. It has already been said that a lot depends on the situation.

Sometimes an employee is fired (or he 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 in the workplace. Then you will have to wait for the subordinate to leave vacation. And at that moment, make the calculation.

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

Controversy

Not always the employer and the subordinate solve all issues without any problems. It so happens that there are some disputes about what is the calculation for 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 contacting the employer must pay off with the subordinate, or the next day after writing the application for payment of the calculation. But what if disputes arise?

Everything is very simple. The amount, which is not controversial, 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 the settlement of the dispute, after the employer makes an accurate check of the data and establishes 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 payroll upon dismissal is possible. But only in this situation, the employer is obliged to cover additional payments all delay. 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 owed. And on the length of the delay. But at the legislative level, certain calculation conditions are established.

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

This rule always applies in all cases. In other words, it doesn't matter whether the employer was to blame for the delays or not. The delay will still have to be calculated in accordance with the established in Russian Federation rules.

Serious penalties for delay

In Russia, an employer may be held more liable for non-payment of payroll to employees. The point is that the boss must pay the due money with all the 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 delayed day).

But article 145.1 of the Criminal Code of the Russian Federation states that if the employer has not paid his subordinates in full 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 offender. Or there is a risk of imprisonment for 12 months.

Vacation and dismissal

The next question that interests many is the calculation of payments for unused leave upon dismissal. For him, too, as already mentioned, must be paid. 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 in the last year, then the money is credited for all 28 days of paid legal rest. Plus, here are added days worked by agreement with the employer, which are holidays (in order to get an additional day off on demand). 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 average salary employee per day. And then correctly calculate how many vacation days 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 for all 28 days. Otherwise, you will have to make the calculation according to the following system (it is better to consider it with an example).

Subordinate has 28 days of paid legal rest. How to calculate compensation for unused vacation? Suppose a person quits on their own after working 8 months from the date of employment. In this case, the days for which compensation is due will be equal: 28 * 8/12 = 18.67 days. Further, the resulting figure is multiplied by the employee's average salary per day. And this money must be paid when a subordinate is fired.

By the way, there is no provision for the absence of paid leave in Russia. Employees cannot work without it for more than 2 years. If a 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, then he will receive payment for 56 days of paid leave. In fact, figuring out 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.

Calculation requirement

It has already been said that it is far from always possible to settle accounts with subordinates on the day of termination of labor relations. Then you will have to ask the employee for the payment of settlement upon dismissal. Sample of this document cannot be called formulaic. After all, it is usually written in free form. The requirement may look like this:

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

At the very end, the date and signature are affixed. Nothing special is required. The employee can describe the reason for his absence from the workplace on the day of dismissal. And nothing 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 time frame the boss must meet when dismissing his employees. The process of dismissal can be reduced to the fact that after acceptance, an order is made. On the day of its entry into force, the employee comes to the employer, he gives him a special pay slip, as well as a work book. With a piece of paper, you need to go to the accounting department and get cash.

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

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

What is the procedure for these payments, and in what time frame is the settlement with the employee?

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

General rules for calculation upon dismissal

salary for the hours actually worked;
other payments that are 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 calculating the amount of the allowance, and at the employee's written request, the management must give him all documents related to his activities at this enterprise(about admission to the service, transfer to another position, etc.).

Wage

If there is a dispute over the final payroll amount, the employer undertakes to pay the employee an amount that is not contested.

In case of violations on the timing or amount of payment of wages, the employee has the authority or.

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

Vacation compensation

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

The leave for the worked year 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 employees of the enterprise at least once every two years of work.

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

If, on the contrary, the employee has not worked for the working year, then he will be paid vacation pay only for the hours actually worked.

Moreover, the employee needs to work more than half of the month in which the 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 hours worked and periods are taken when:

the employee did not work, but he retained his position. This applies to vacation days, weekends, holidays;

vacation at their own expense, but not more than two weeks.

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

To determine this indicator, the total income for the period necessary for the 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 consider the calculation of vacation pay using a simple example:

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

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

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

Another example:

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

KO = (200,000 / 29.3) / 12 * 14 = 7963 rubles.

What to do in case of non-payment of settlement

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

A complaint can be drawn up as well as if payments, for example, were not received by several employees at the same firm. If the employee decides to file a claim, then the term for going to court is only three months.

Severance pay

In addition to wages and vacation pay, when employees are laid off to lay off or when the company is completely liquidated by them.

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

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

In the second month after dismissal, receive compensation payment the laid-off worker can only on condition that he has not yet got a job.

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

For calculating 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 for the year;

days of temporary disability, weekends and holidays are excluded.

The labor legislation establishes that severance pay in the amount of 2 weeks' earnings is paid on the following grounds for dismissal:

conscription;

unsuitability for service for medical reasons;

upon refusal to be transferred 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.

Allowance in the amount of two weeks income is also due in case of liquidation or reorganization of the company in the case of seasonal work.

Example:

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

To get the severance pay, the salary is multiplied by 12 and divided by the number of working days in a year and multiplied by 10 (this ratio is set for a 5-day work week).

VP = 30 thousand * 12/156 * 10 = 23076, 92 rubles. That is, an allowance in the amount of two weeks' earnings will be 23,076 rubles. 92 kopecks

The final settlement with the employee upon his dismissal implies the payment of funds that are due to the latter for the entire time of his labor activity... In this case, it is necessary to take into account the grounds for terminating the contract. After all, the salary of a citizen and other necessary payments will depend on this basis. In such a situation, the manager should not forget that full settlement with the resigning person should be made on the day when the employee last performs his activities in this organization. Otherwise, the boss simply cannot avoid problems with the law.

Foundations

Final settlement upon termination is made in all cases of termination employment contract... But only on the grounds on which the relationship between the employee and his boss is terminated, the amount of money that the person will receive in the end will depend. According to the provisions of Article 140 Labor Code, the manager must pay all the funds due to the citizen on the last day of his work. And if it is impossible to carry out this procedure at the specified time, you need to do it the next day when the employee filed a claim to settle with him. Otherwise, the management may be in big trouble if the person applies for the protection of violated rights in court.

It can be terminated both at the request of the employer and at the initiative of the citizen himself, as well as for reasons beyond their control. In addition, the desire to terminate a labor agreement is often mutual. In the latter case, the final settlement under the contract can be carried out not only on the final day of the person's work, but also after this moment.

Types of payments

Regardless of the reasons for terminating the employment contract, a final settlement is required. Mandatory payments include:

employee's salary;
compensation for vacations that have not been used;
severance pay upon termination of the relationship between the parties to the contract under clause 2, part 1

Additional types of monetary support include: dismissal benefit by agreement of the two parties, as well as other types of material compensation established by the collective agreement.

Issue and withholding procedure

It is clear that all the money owed must be paid to the employee. At the same time, some of them can sometimes be withheld. In a specific case, we are talking about vacation pay when an employee is dismissed for the rest that he used, but the period of labor activity was not fully worked out, and the citizen decided to terminate relations with this organization and wrote a letter of resignation.

But there is one more important nuance... The employer will not be deducted from the employee's salary upon dismissal from the employer for the vacation used, only if he leaves the job in connection with the layoff of staff or the liquidation of the organization. In this case, the employee will also be entitled to severance pay in the amount of the average income for two months, and if he did not get a job, then for the third month. The final settlement upon dismissal of a citizen occurs on the last day of his labor activity. And he is paid: salary, compensation for unspent leave, severance pay, if any.

Calculation of vacation pay

The company from which the employee leaves must obligatorily pay him compensation for the leave that has not been used for the entire period of employment. In the event that a person has not been in it for several years, respectively, the amount of payments is made for all this time. If a citizen terminates labor relations with an organization on his own initiative, and the period of work is not completely completed by him, then in this case deductions are made from his salary for the vacation used. In this case, the accounting department will have to calculate the exact number of days or months of the person's work.

The amount of vacation pay upon dismissal is calculated as follows:

The number of days of annual paid leave is taken, for example, 28. After that, it is divided by the number of months in a year, that is, by 12. Then the resulting number (2.33) is multiplied by the number of months worked in the working period, for example 4.
If 2.33 is multiplied by 4, you get 9.32 unused vacation days. Then this number is multiplied by the daily earnings, for example, 900 rubles. It turns out 8388 rubles. This is the money that a person is entitled to as compensation for unused vacation. Personal income tax will be withheld from the same amount - 13%.

The final settlement with the employee should not be delayed by the boss. It must be done on time, regardless of on which of the grounds specified in the Labor Code a citizen is dismissed.

Counting rules upon termination of an employment contract

All payments due to the employee, the latter must receive on the final day of his employment in this enterprise. In the event that the manager did not make the final settlement at the specified time, he will incur administrative responsibility. At the same time, a citizen should receive not only compensatory payments, but also the salary itself during work.

For each day of delay in payments, the manager pays a fine in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation. In addition, if the amount of the final settlement upon payment of the severance pay is more than the amount of three times the employee's earnings, then personal income tax in the amount of 13% will have to be paid from this monetary allowance. The tax is also withheld on vacation pay.

Self-care

Final settlement upon dismissal by on their own must be done with the person on the last day of the exercise by him job responsibilities which includes:

salary for the entire time of work;
compensation for vacations or vacations, if a person has worked without annual rest for several years in a row.

An important fact should be noted here. If the vacation was used by a citizen, but the period of work was not fully completed, accordingly, upon termination of the contract, at the request of the latter, the employer has the right to withhold previously paid funds from his money.

When it is impossible to make deductions for unearned vacation

In a number of cases, which are stipulated by law, leave leave is not withheld upon dismissal. This category includes the following situations:

Liquidation of the employer's organization.
Staff reduction.
Termination of an employment contract when a citizen cannot fulfill obligations due to illness.
Army conscription.
With a complete loss of the former working ability.
Reinstatement in the previous position by a court decision.
Termination of an employment contract upon the occurrence of circumstances that do not depend on the parties.

In any of the above cases of dismissal of a person, the boss must make a final settlement with him on the last day of his labor activity and pay all the money due under the law. Otherwise, the person has every right to defend his interests in the prosecutor's office and the judiciary.

its calculation and size

In a situation where the employer is the initiator of the termination of labor relations, the citizen has the right in some cases to receive compensatory benefits. It is also called a weekend. In this case, the amount of this payment can be in the amount of two-week or monthly earnings. Monetary allowance in the amount of the employee's salary for two weeks can be in the following cases:

If the state of health of a person does not allow him to continue working in this organization. Or when he refuses to move to another position, and the boss has nothing more to offer him.
With the complete loss of a citizen's ability to work.
If the terms of the employment contract change.
When a person is called up for military or alternative service.

In the amount of monthly earnings, the allowance is paid:

upon termination of an employment contract due to redundancy;
in case of liquidation of the organization.

Other circumstances may also be established when such an allowance is issued to an employee. Nevertheless, the payment of the final settlement upon dismissal, including compensatory benefits, must be made on the last day of the person's employment. In addition, when calculating this type of compensation, it is necessary to take into account the payment of taxes if the amount of monetary allowance exceeds the employee's salary three times. Otherwise, personal income tax is not paid.

Final calculation example

An employee who ends his employment relationship with a particular organization has the right to receive money earned and other compensation, if the grounds for dismissal allow this. Consider the following example.

Employee Ivanov leaves the enterprise of his own free will. Naturally, in this case, he does not receive severance pay and the preservation of the average earnings for the third month before the moment of employment. But he is entitled to the payment of the money earned for all the time and compensation for the vacation. The final calculation of the employee in this situation will be made according to the T-61 form. filled in upon termination of employment.

Ivanov wrote a statement in April and resigned on the 19th. Accordingly, he should be counted and given remuneration for work from 1 to 18 inclusive. If his average salary is 20,000 / 22 working days (this number is in April), the end result is the amount per day - 909.09 rubles. It is multiplied by the number of days worked in the month of dismissal - 18. As a result, the sum is 16363.22 - Ivanov's salary for April. In addition, the organization first pays tax on this money, and then the accountants issue the final payment to the citizen.

Since the person leaves in April, and he has a vacation according to the schedule only in June, and he did not use it, he is entitled to compensation. The calculation takes place in the following order:

Ivanov worked this year for 3 months and 18 days. But the calculation will go for 4 full. Rounding to the tenth and hundredth part is not done, so the amount is calculated from 28 vacation days / 12 months in a year = 2.33 days. Then 2.33 * 4 (months worked) = 9.32 days. And only then 9.32 * 909.9 (daily earnings) = 8480.26 (vacation compensation).

Thus, the final settlement is made from all assigned to the employee amounts. But in this case, it is only a salary and a cash payment for the vacation, because Ivanov leaves on his own initiative. If he was reduced or dismissed in connection with liquidation, he would also receive severance pay, which is also paid with all monetary funds (on the basis of Article 140 of the Labor Code of the Russian Federation).

Arbitrage practice

Nowadays, many former employees go to court for the protection of their rights, which, as they believe, were violated by the manager upon dismissal. Especially if the question concerns cash payments that were not timely and in the right size handed over to the employee. In practice, there are even such cases when employers, making settlements with a citizen, made deductions from his income for the vacation that was previously used. And this eventually led to litigation and complaints.

Let's give a colorful example from practice. The employee was fired from the staff reduction organization. The boss paid him completely, but when paying the money, he made a deduction for the vacation, which had already been used by the citizen in June. In addition, the employer violated the dismissal procedure for redundancy in the sense that he did not offer the available vacancies to the employee. But at the same time, he accepted other persons for vacant positions, which is forbidden to do when carrying out measures for dismissal on such grounds. After counting your earned money and discovering violations labor legislation, the former employee applied to Judicial authority with an application for reinstatement at work and payment for the forced absence, which occurred through the fault of his boss.

Having considered all the materials of the case, the court concluded that the employer carried out the layoff procedure without observing the norms of the labor code. In addition, he made a completely wrong calculation with the employee. The final calculation upon dismissal (2016) he simply did not succeed. He grossly violated the norms of the labor code, in connection with which the citizen was reinstated at work in his position, and the employer paid him moral damage and compensation for the used leave, which he had previously unlawfully withheld. That is why managers, when calculating with employees, need to be especially careful and not allow violations on their part, so that later they do not prove their case in the judiciary.

The Labor Code of the Russian Federation, namely, states that each member of the team has the right to annual leave.

At the same time, he has the opportunity to choose:

use the rest time as intended;
refuse vacation in favor of receiving monetary compensation.

Compensation and vacation pay are calculated in a specific manner, which is regulated by Article 139 of the Labor Code. This takes into account the size average salary and hours worked.

Thus, compensation for unused rest while leaving is cash payments, which the employee receives in the same amount as if he received them when using the leave. It is legally stipulated that a team member has the right to receive benefits in full.

However, if an employee leaves at will, there will be no other compensation and incentive payments for him.

The law of the Russian Federation provides 2 options for receiving compensation for rest in case of leaving:

if the employee did not use rest at all;
if he did not spend some part of his vacation in the current or previous years.

It's important to know. When calculating, the employer is obliged to issue all compensation that is due to the employee, regardless of the limitation period of this debt.

However, if the employee has already used all the rest and received vacation pay, but has not completed the year until the end (or at least 11 working months of the year), the excess amount of these payments will be withheld when calculating. The employer has all legal grounds for this.

It is worth considering. It is not uncommon for the leave compensation paid upon dismissal to be confused with the compensation for the remainder of the compensation. However, these are not identical concepts. In the latter case, it is necessary to refund vacation days that exceed the mandatory 28 days. The rest of the cases are the reimbursement of the main vacation period.

This substitution is not permissible for some types of workers:

pregnant women;
minors;
workers in hazardous or unhealthy work.

Features of vacation payments upon dismissal of their own free will

When making such payments, it is worth considering:

How are they paid?

Vacation compensation is based on the average daily salary for the current calendar year.

Example of an employee statement

If an employee decides to leave of his own free will, he must write a statement. It is compiled in any form. In the document you need to indicate your data, position and reason for leaving.

At the same time, it is not necessary to prescribe a claim for compensation for unspent vacation. These payments are by default laid down by law. However, this wording is necessary if the employee wants to take advantage of the leave before dismissal.

The letter of resignation is structured as follows:

Hat;
title;
the main body of the text;
date, signature of the employee.

Below is an example of the wording of this document.

Example of a resignation document

The dismissal order must be issued in the T-8 form. It indicates the data of the employee, the reason for leaving, the date of dismissal, the signature of the employer and the seal of the company are put.

Below is an example of a document.

So, calculating compensation for unused rest is a multi-stage process that requires knowledge and experience from the accountant.

Useful video

Compensation for unused leave upon dismissal - in more detail in the video below:

In order to carry out the calculation correctly, you need to accurately follow all the rules established Russian legislation... It is important to remember that any deviation from the established norms leads to fines.