How should an employee be calculated upon termination of his own free will? Payments of salaries, unused vacation, overtime schedules, etc. We will talk about this in more detail later in the article.
Two ways to change employers voluntarily
The Labor Code provides for two articles of leaving work without negative consequences for the employee:
- Of my own free will.
- Dismissal by agreement of the parties.
Payments required by law without fail will be the same.
Legal differences
Dismissal by mutual agreement in most cases implies that there is a certain conflict between the employee and the employer at the workplace. As well as other situations when an employee must leave the place of work:
- selection of fresh staff by the new director;
- the specialist has ceased to meet the requirements;
- the conditions of profitability of the enterprise have changed;
- reorganization and much more.
But if the employee is not going to write a statement of his own free will or, as provided for in the Labor Code, terminate the contract on his own initiative, then he is offered dismissal by agreement of the parties. Payments in this case are somewhat different from other ways of terminating the contract. That is, such an employee is required to pay, as with any other method of dismissal, but he is offered additional payments.
This is the fundamental difference. Mutual agreement, as a rule, is always supplemented by any “compensation” by the former employer. This may be a one-time benefit equal to the annual salary, a lifetime discount on products, a constant share of profits and more. Thus, a former employee is compensated for voluntary dismissal.
Upon dismissal, this is not provided for at will, even if the employee is psychologically pressured and forced to leave the organization.
Judicial practice in labor disputes shows that it is almost impossible to recover from mutual agreement. But you can cancel the order of dismissal at the initiative of the employee. It is enough to give arguments that prove the psychological pressure from the administration.
It is important to know what the statutory payments and terms exist for termination of your own free will. So, upon termination of the contract on his own initiative, the employee may receive:
- wages;
- compensation for unused vacation;
- other transfers, according to the law.
Duration of dismissal at will: will payments be immediate or will you have to wait?
The main question that worries employees the most is whether to wait long for the expected payments. "Tolerate" the law does not provide. Payment of benefits for dismissal and all payments must be made on the day of dismissal. But what if the employee is absent for some reason (sick leave, day off)? In this case, all payments must be made no later than the day after the appeal.
The employer does not count what to do?
It should be noted immediately that the final settlement on the day of dismissal is not a gift from the enterprise, but a duty.
If this does not happen, you must immediately contact either the prosecutor's office or the labor inspectorate. After this, as a rule, the organization always has money. And the leaders themselves pay considerable fines for violating labor laws.
How to calculate compensation for unused vacation
In order to find out what amount of payment will be discussed, you need to know the following:
- The number of days worked since the last annual paid vacation.
- How many days a year an employee should be on vacation (for example, teachers have about two months).
- The average wage.
Further, it will be easy to calculate compensation for unused vacation.
Calculation Examples
Suppose an employee is entitled, according to an employment contract, to 30 calendar paid days per year. His average salary is 20 thousand rubles a month. This is approximately 670 rubles per day. Divide the number of calendar days by 30.
It turns out that for every 12 days of work, one day of paid vacation is provided. The employee worked for 3 months, i.e. 91 days. It is necessary to divide this number by 12 (how many employees earned vacation days).
Multiply the result by 670. Therefore, in our example, for 91 days worked, an additional payment of a little more than 5080 rubles for unused annual paid leave is required.
This calculation formula is conditional. It is provided for a better understanding of the extra payout. Depending on the individual labor characteristics of the employee, accounting may use a different method. In any case, all formulas and payment sheets must be requested from the company.
Labor Code of the Russian Federation (Labor Code): dismissal in compliance with the law
It is important to know that there are many cases when an employee is dismissed "according to the article", and not at his own request. Of course, this is all conditional, since in any case, the basis for this is one of the norms of the labor code.
But under the "article" many people mean the dismissal is not on the initiative of the employee. A synonym here is the word "kicked out". And in order to avoid a negative “article”, it is necessary to carry out all legal procedures for dismissal at will. Payments, of course, the employer must make in any case, regardless of the reason, but the employee also has a number of responsibilities. And the most important of them is to warn the administration 2 weeks before the planned dismissal. Many people mistakenly call this period mining.
main feature
Workout is the obligatory performance of labor duties within a certain period. The Labor Code of the Russian Federation in this case does not imply this. It is enough to give a written notice that the employee is going to leave work in two weeks.
You can go on vacation, on sick leave, etc. In this case, no working out is provided. This was not the case in the Labor Code (Article 32 also provided for a warning), and there is no such thing in the new Labor Code (Article 80).
A common mistake of the “smartest”
Some employees know that there is no working off, and they conclude from this that you can write a letter of resignation and terminate the employment any day. But this misconception very often leads to dismissal for absenteeism, which is negatively reflected in subsequent employment.
Therefore, it is very important to know when dismissing what payments are due, and how to, from the point of view of the law, change the employer.
Features of the calculation of sick leave payments
There are times when an employee is sick for a long time. During a sick leave, he decides to quit and sends a formal notice. In this case, the final calculation of wages must be made on the last day of a two-week period, despite the fact that it falls on the time of sick leave.
It is just that a note appears in the order that it is impossible to familiarize the person with the contents of this document. Although you can send documents or notifications by registered mail.
With regard to sick leave payments, they are calculated within 10 days from the date of filing the certificate from the medical institution and are made on the general day of transfer of wages to employees.