What are the benefits of dismissal?
In the life of every working person, a situation arises when he terminates his employment contract with his employer and quits. The employer is obliged to sign an order of dismissal, make an appropriate entry about the dismissal in the workbook and make all calculations with him. What should be done in this situation, in particular, what payments are made to the employee when he leaves?
First of all, you need to make a reservation that the last day of work of an employee is considered the day of his dismissal, and not a day earlier, or even more so a day later. In case of dismissal, the employer is obliged to settle accounts with his employee, as in the case of non-payment of cash payments, the employer violates labor laws.
Mandatory dismissal payments
So, every employer knows that the decision on what payments are due upon termination is stipulated in the Labor Code of the Russian Federation. Upon dismissal, each employee must receive:
- Wages for the actual hours worked. In this case, wages must be paid to the employee no later than the dayfollowing the day when the letter of resignation was filed, if the timing of payment is not specified in specific cases. The employer must take into account all allowances, supplements and bonuses, which actually had to be paid to the employee in the month of dismissal.
- Compensation for unused vacation. The employer must also pay compensation for all the leave of previous years, which were not used by the employee, if they were not previously paid (the exception is the dismissal due to the fault of the employee). Under the law, the employer is obliged to provide leave to the employee at least once every two years, and if this does not happen, then, when dismissing, the employee must write a statement stating that the vacation was postponed to the next working years.
If the employee has not completed the period required for compensation, the payment is calculated according to the number of days worked. In this case, the employee should work more than half of the month in which he decided to quit, so that the month of dismissal was counted, otherwise he would be unaccounted for in the calculation.
In addition to the above-described obligatory calculations with the employee upon dismissal, there are a number of other payments that are determined by law in the following cases:
- Allowance in the amount of monthly earnings (not more than two months) in connection with the liquidation or reduction of employees of the organization (article 81 of the Labor Code of the Russian Federation). At the same time, such payment of compensation for dismissal does not apply to employees who have already entered into new employment relationships with another employer during these two months. In rare cases, by decision of the employment service, an employee may be paid this allowance for several months, but for this you need to be registered with the employment service and not be employed by this organization for such a long period.
- Allowance in the amount of two-week earnings for seasonal workers in connection with the liquidation or reduction of employees of the organization (article 296 of the Labor Code of the Russian Federation).
- Allowance in the amount of two-week earnings in connection with (Article 178 of the Labor Code of the Russian Federation):
- military call of the worker (alternative civilian service);
- the decision of the employee to remain in his place, despite being issued a medical opinion on the appointment to another job;
- resumption of work of the employee in the old place;
- the decision of the employee to refuse to work in another locality together with the employer;
- recognition of an employee as incapable of work, confirmed by a medical certificate;
- the decision of the employee to refuse to work due to changes in the employment contract.