It is pleasant to note that the legislation protects employees.
This concerns both the work process and the dismissal. Another thing is that there are unscrupulous employers who understate or do not pay the prescribed amounts at all, and ignorant cadres who do not know about their rights.
If you are an employee, be sure to read this article. Even if you did not think of quitting, all the same, you must understand what you can expect in this situation. Moreover, you can not know for sure what tomorrow will happen to the enterprise you work on.
If you are an employer, you will benefit from the calculations we performed, for example, calculation of compensation for the dismissal of relevant information regarding payments for the calculation of your employees.
Also, the article will give a general understanding of what financial consequences may result from the decision to cut staff or hire a not very good employee who will have to be dismissed.
What can staff expect when they leave?
It does not matter whether a person is suspended or he leaves on his own will. The employer must pay wages for the entire worked-out period and pay for "non-regular" leave, when available.
In the event that a day off was taken in advance and the employee has not yet had time to work for it, the calculated amount is withdrawn from wages. All the accrued amount is paid on the last day of work.
We would like to remind you that a mercenary is obliged to inform about his decision to leave 14 days before his departure. As well as his obligation to notify about the suspension from work for 14 days. You can not fire a worker without good reason.
With regard to staff reduction or firm closure?
The situation is more interesting when the enterprise is reducing or the company is liquidated.
A person who is dismissed in such situations, in addition to paying for the working period and reimbursement for the vacation period, which was not "siphoned off", receives severance pay. Its size is equal to the average wage. He is also paid an average salary in the next 60 days( including allowance).
In a situation where during this time a person could not find another job, the average salary is paid for the third time. The employee must notify the employee about 60 days in advance of the employee's reduction. This period is not necessary for the employee to finish, but the worker will still receive wages until the end of sixty days.
If the person who has been cut, gets sick during the first thirty days after leaving, the former employer pays him a sick leave. The same is provided for maternity leave.
Computation of compensation for unused leave on dismissal
It is not difficult to calculate the amount of compensation upon dismissal. But you need to know some nuances of calculations, and in what situations they are applicable.
Here's what you should know about calculating compensation for unused rest when you leave:
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Calculation of compensation for "non-regular" leave on dismissal is in proportion to the amount of time that a person has worked.
So, for example, if the employee is provided with a vacation period of 28 days( namely, this amount of exemption is claimed by the law), but the worker did not leave it, but worked for a whole year, the coverage will be 100%.
If half a year, the "earned" leave will be 14 days, respectively, compensation - 50%.
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If a person did not go to rest for several years, they compensate for the past holidays too.
In such situations, the company must always keep a statement from the staff unit about the postponement of holidays. This is necessary, since by law the employer does not have the right not to give his employee time off.
Accordingly, he needs to have proof that "bezvlyazny" work - the initiative of the man himself.
- The rest can be "paid off" immediately before leaving work, if both sides do not object to it. Then the penalty is not paid.
- If a day off was taken in advance, vacation pay is deducted from the worker's salary.
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Even when an employee transfers to another job within the enterprise, he is granted a vacation payment, which he did not use.
It is clear that in the new position the calculation will begin anew.
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At the conclusion of a short-term employment contract, the employee who has worked for care is still entitled to compensation.
It is calculated according to the fact that in a thirty-day period there are 2 days off.
In what situations is compensation for leave not issued?
This amount is not paid and no leave is expected for employees who have been kicked out of work for theft, property damage and other serious reasons for dismissals.
In the following cases, money is not issued, but the person goes into release:
- Pregnancy employee.
- The employee has adopted an infant whose age is less than three months.
- Established underage.
- Harmful production, workers at risk of life and health in the performance of direct labor duties.
How to fill in the time sheet
How to calculate the size of the payout upon dismissal?
For the calculation of compensation for dismissal, the following articles of the LC RF are used:
The formula for calculating the amount of compensation for rest that was not used:
The formula for calculating the amount of compensation for rest that was not used:
number of unavailable days * average daily earnings.
The volume of unavoidable days of exemption can be calculated using the formula:
( 28: 12) * n, where
- 28 - the number of days in the year allocated for release;
- 12 - the number of months in a year;
- n - how many months a year the workman has worked.
When calculating thirty days, rounding is done. That is, if less than half - a month does not take into account, more than half - consider the full.
Below is a table of the already counted number of vacation days in proportion to the amount spent in the year:
| Number of months that the employee worked | Number of days to leave |
|---|---|
| 12 months | 28 days |
| 11 months | 25 days |
| 10 months | 23.3 days |
| 9 months | 20.9 days |
| 8 months | 18.6 days |
| 7months | 16.3 days |
| 6 months | 13.9 days |
| 5 months | 11.6 days |
| 4 months | 9.3 days |
| 3 months | 6.9 days |
| 2 months | 4.6 days |
| 1 month | 2.3 days |
The average daily wage is calculated in this way:
- First consider the average salary for the year: the totalm all wages and divide by 12( so many months of the year).
- Then we divide the average wage by 29.3( this is the average duration of the month).
We answer in detail the question:
how to quit on your own?
Calculation of compensation for dismissal - we disassemble the example
Situation number 1.
Calculation of compensation for dismissal of a staff member who has worked 20,000 days with a pay of 20,000 was performed.
Number of vacation days that were not used:
- ( 28/12) * 1 = 2,3 days
The same value is obtained by using the table.
Average earnings per day:
- 20,000 / 29, 3 = 682.59.
Compensation will be: 2.3 * 682.59 = 1 569.96.
Situation # 2.
The employee leaves work on January 14, 2017.Previous vacation took place from July 1, 2014 to July 28, 2014.The salary of a person is 40,000.
We count how much time was spent without time off:
- 2015 - 5 months( from August to December);
- 2016 - 12;
- 2017 - 0.
- Total - 17 months.
The amount of vacation days not taken:
- ( 28/12) * 17 = 40 days.
Average earnings per day:
- 40,000 / 29.3 = 1 365.19.
Payment for exemption from work, which was not used, will be: 40 * 1 365,19 = 54,607.51.
Situation # 3.
The employee resigns on 02/20/2017.The last vacation took place from May 1, 2015 to May 28, 2016.The salary before 01.09.2016 was 17 000, from 01.10.2016 - 23 000.
How many vacation days are not taken:
- ( 28/12) * 8 = 19 days.
Average daily earnings:
- ( (17,000 * 7) +( 23,000 * 5)): 12: 29.3 = 665.53.
- where, 7 - the number of months from the last year of work with a payroll of 17 000,
- 5 - the amount from the calculated year with a payment of 23 000.
Payment for the holiday period that was not used will be: 19 * 665.53 = 12,645, 07.
Taxes from compensation payments are calculated in the same way as for all payments in the on-line mode.
As you can see, calculates compensation for the dismissal of - it's not complicated, but important. It is important to be able to make a calculation correctly both for the employer and for the employee himself, in order to avoid deception on the part of the enterprise or an accidental error of the accountant.