What are they supposed to do with the dismissal of their own payment?

How should the employee be calculated upon dismissal at his own request? Payments of salaries, unused vacations, overtime schedules, etc. We will discuss this in more detail in the article.

Two ways of voluntary change of employer

The Labor Code provides for two articles of leaving work without negative consequences for the employee:

1. At will.
2. Dismissal by agreement of the parties.

Payments provided by law without fail, while they will be the same.

Legal differences

Dismissal by mutual agreement in most cases assumes that in the workplace there is a certain conflict between the employee and the employer. And also other situations when the employee must leave the place of work:

• Selection of fresh staff by the new director;
• The specialist ceased to meet the requirements;
• 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 volition or, as provided for in the Labor Code, to terminate the contract on his own initiative, then he is offered to be dismissed by agreement of the parties. Payments in this case are somewhat different from other ways of terminating the contract. That is, such a worker is obligated to pay, as with any other method of dismissal, but he is offered additional payments.

This is a fundamental difference. Mutual agreement, as a rule, is always supplemented by any "compensation" from 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 so on. Thus, the former employee is compensated for voluntary dismissal.

At dismissal at own will it is not stipulated, even if on the worker psychologically press and force to leave the organization.

Judicial practice in labor disputes shows that it is almost impossible to recover from mutual consent. But you can cancel the order of dismissal on the initiative of the employee. It is enough to give arguments that will prove psychological pressure from the administration.

It is important to know what exist for the dismissal of one's own will, according to the legislation, and the terms. So, if the contract is terminated on its own initiative, the employee can receive:

• wages;
• Compensation for unused vacation;
• Other transfers, according to the law.

Terms for dismissal on their own: payments will be immediately or have to wait?

The main question that most worries the employees is how long do they wait for the due payments? "The law" does not provide for. Payment of benefits for dismissal and all calculations must be made on the day of dismissal. But what if the employee is absent for any reason (sick leave)? In this case, all payments should be made no later than the day after the appeal.

The employer does not expect what to do?

It should be noted at once 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 such, as a rule, the organization always has money. And the leaders themselves pay considerable penalties for violation of labor legislation.

How to calculate compensation for an unused vacation

In order to find out what amount of payment will be discussed, you need to know the following:

• Number of days worked since the last annual paid vacation.
• How many days a year the employee is supposed to be on vacation (for example, pedagogical workers have about two months).
• Average wage.

Further calculate the compensation for unused vacation will not be difficult.

Calculation examples

Suppose an employee has the right, according to an employment contract, for 30 calendar days paid per year. His average salary is 20,000 rubles a month. This, approximately, 670 rubles a day. We divide the number of calendar days by 30.

It turns out that for every 12 days of work there is one day of paid leave. The employee worked 3 months, that is 91 days. It is necessary to divide this number by 12 (so much employee earned days of leave).

The result is multiplied by 670. Therefore, in our example for 91 days worked, an additional payment of a little more than 5080 rubles is required for an unused annual paid vacation.

This formula is conditional. It is provided for a better understanding of the additional payment. Depending on the individual labor characteristics of the employee, accounting can be applied in a different way. In any case, all formulas and payment cards must be requested from the company without fail.

ТК РФ (КЗоТ): dismissal with observance of the legislation

It is important to know that there are many cases when an employee is fired "according to the article" and not at his own will. 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 "article" many people mean dismissal not on the initiative of the worker. Synonym here is the word "kicked out." And in order to avoid a negative "article", it is necessary to carry out all legal procedures upon dismissal at will. Payments, of course, the employer must do 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 mistakenly call this period work off.

main feature

Execution is the obligatory performance of labor duties for a certain period. In this case, the RF TC 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 work out is provided. This was not in the Labor Code (Article 32 also provided for a warning), and in the new Labor Code (Article 80).

The common mistake of "the smartest"

Some employees know that there is no work-off, and they draw a conclusion from this that one can write a statement of resignation and on any day terminate the employment relationship. But this misconception very often leads to dismissal for absenteeism, which is negatively reflected in the subsequent employment.

Therefore, it is very important to know at the time of dismissal what payments are made, and how correctly, in terms of legislation, to change the employer.

Peculiarities of calculating payments on a sick leave sheet

There are cases when an employee is sick for a long time. During the hospital leave, he decides to resign and sends an official notification. The final calculation of wages in this case must be made on the last day of a two-week period, despite the fact that he falls on the time of the hospital.

Just in the order there is a note that it is impossible to acquaint the person with the contents of this document. Although you can send documents or notifications by registered mail.

With regard to payments on sick leave, 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.