Severance pay upon dismissal. Severance pay upon dismissal: the amount of the benefit and when it is due What applies to the severance pay for dismissal

Sometimes employers are required to pay the employee upon dismissal not only the salary for the time worked in the month of dismissal and compensation for unused vacation, but also other amounts.

It is with their calculation and payment procedure that difficulties often arise, since the Labor Code of the Russian Federation does not determine the exact procedure for either their calculation or their payment.

And if you do something wrong, there may be claims from the employee and the labor inspectorate if he complains there. Claims from inspectors cannot be avoided if the incorrect calculation of these payments leads to an underestimation of the taxable base for income tax, personal income tax and contributions.

What payments and when are due to the employee

Upon dismissal for some reason, the obligation to make payments and their amount depend on who is the employer - an organization or an entrepreneur.

TELLING THE EMPLOYEE

The employment agency will issue decision to receive earnings from the former employer for the third month employment, if within 2 weeks after the dismissal the employee applies to this body and he is not Art. 178 Labor Code of the Russian Federation.

If the employer dismisses employees due to the termination of activities and p. 1 h. 1 art. 81 of the Labor Code of the Russian Federation or downsizing or downsizing p. 2 h. 1 art. 81 of the Labor Code of the Russian Federation, then the severance pay and earnings for the period of employment of the dismissed employees are paid in the amount stipulated by the employment contract m Art. 307 of the Labor Code of the Russian Federation. If nothing is written in the contract with the employee, then nothing is paid at all. Cassation ruling of the Kirov Regional Court of 09/06/2011 No. 33-3185; Cassation ruling of the Khabarovsk Regional Court dated July 9, 2010 No. 33-4591; Definition of the Moscow Regional Court dated May 27, 2010 No. 33-8604.

Payments to employees upon dismissal for other reasons are the same for organizations and entrepreneurs.

severance pay

The Labor Code obliges to pay severance pay only upon dismissal for the following reasons.

* Such violations include cases of concluding an employment contract with persons and Art. 84 of the Labor Code of the Russian Federation:

• who are deprived by a court sentence of the right to hold certain positions or engage in certain activities;
• for whom, for medical reasons, a specific job is contraindicated;
• who do not have a document on education, and according to the legislation, the performance of work requires special knowledge;
• who are disqualified, deprived of a special right or expelled from the Russian Federation;
• who are dismissed from the state or municipal service, if restrictions on their involvement in labor activity are established by law;
• who are prohibited by law from engaging in certain types of labor activity (for example, minors cannot be hired for hazardous work at Art. 265 of the Labor Code of the Russian Federation).

Severance pay is a payment for the very fact of dismissal. Therefore, it must be paid to the employee on the day of dismissal. Part 4 Art. 84.1, Art. 140 of the Labor Code of the Russian Federation. The basis for its payment is an order that indicates the appropriate reason for dismissal. There is no need to issue a separate order for the payment of benefits.

Earnings for the period of employment

This payment is due only to employees dismissed from organizations on two bases Art. 178 Labor Code of the Russian Federation:

• in case of liquidation of the organization;
• in the event of a reduction in the number or staff of employees.

After the first month after the dismissal, the former employee nothing is paid because severance pay has already been paid on the day of dismissal articles 178, 318 of the Labor Code of the Russian Federation.

Earnings for the period of employment should provide the laid-off workers with financial support after the dismissal, provided that they did not immediately find another job. Therefore, it is paid only after the employee confirms that he has not yet settled in a new job.

Sometimes an employee (especially during the liquidation of an organization) is paid earnings for the period of employment immediately on the day of dismissal, without waiting for confirmation that the employee has not found a job. Such a payment is not economically justified, since the employer does not have evidence confirming its validity. Art. 252 Tax Code of the Russian Federation.

What documents must be required from a former employee to pay earnings for the period of employment depends on the month for which he is paid after dismissal.

* If the former employee gets a job before the expiration of the second or subsequent months after the dismissal, then the average monthly salary must be paid to him in proportion to the "unemployed" period on the basis of a written application and a copy of the work book certified at the new place of work articles 178, 318 of the Labor Code of the Russian Federation.

** A copy must be made of it, certified and stored.

An employee can apply for this payment at any time, even a year after the dismissal.

Early termination compensation

TELLING THE EMPLOYEE

If organization located in the process of liquidation but also not excluded from the Unified State Register of Legal Entities, For earnings retained for the period of employment, the employee must apply to the liquidation commission as soon as possible. Indeed, after the exclusion of the organization from the Unified State Register of Legal Entities, it will no longer be possible to receive this payment.

In case of liquidation of the organization or reduction of its number or staff, the employer is obliged to notify employees in writing of the upcoming dismissal at least 2 months in advance and Part 2 Art. 180 of the Labor Code of the Russian Federation. At the same time, with the consent of the employee, the employment contract with him can be terminated before the expiration of the notice of dismissal with the payment of additional compensation, in addition to the severance pay and average earnings retained by the employee for the period of employment.

The amount of additional compensation is determined based on the average monthly salary of the employee, in proportion to the time remaining before the expiration of the warning period. Part 3 Art. 180 of the Labor Code of the Russian Federation. For the organization, the payment of such additional compensation is not entirely beneficial, because the employee will receive it not for work, but for agreeing to early dismissal.

Compensation for top managers

The Labor Code provides for special compensation upon dismissal and Art. 181, paragraph 2 of Art. 278, art. 279 of the Labor Code of the Russian Federation:

• in connection with the change of the owner of the property of the organization - for its head, his deputies and the chief accountant.

Change of ownership of the organization's property - these are, in particular:

• privatization of state or municipal property a Art. 1 of the Law of December 21, 2001 No. 178-FZ;
• transfer to state ownership of property owned by an organization paragraph 2 of Art. 235 of the Civil Code of the Russian Federation;
• sale of the enterprise as a property complex articles 559-566 of the Civil Code of the Russian Federation.

There is no change in the ownership of the property of the organization when changing the composition of participants in an LLC or JSC paragraph 1 of Art. 66, paragraph 3 of Art. 213 of the Civil Code of the Russian Federation; paragraph 32 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2;

• without explaining the reasons - for the head of the organization in the absence of guilty actions on his part.

Compensation to top managers must be paid on the day of dismissal in the amount of at least three monthly earnings in Art. 181, paragraph 2 of Art. 278, art. 279 of the Labor Code of the Russian Federation. Severance pay and average monthly earnings for the period of employment in these cases are not paid to top managers.

Other payments upon dismissal

An employment or collective agreement may provide for payments to a dismissed employee on other grounds, as well as increased payments upon dismissal in the cases established by the Labor Code of the Russian Federation x articles 178, , 279 of the Labor Code of the Russian Federation.

Calculation of payments upon dismissal

The settlement period for all these payments, including for the average earnings retained for the second and subsequent months of the employment period, is the same. This is 12 calendar months before dismissal. Moreover, if you dismiss an employee on the last day of the month (that is, this is the last day of work for the employee), then this month is included in the billing period. If the dismissal is made on any other day of the month, then the billing period is 12 calendar months before the month in which the employee was dismissed Art. 139 of the Labor Code of the Russian Federation; clause 4 of the Regulations, approved. Decree of the Government of December 24, 2007 No. 922 (hereinafter referred to as the Regulation).

The calculation of payments upon dismissal is not affected in any way by the remuneration system used in the organization: salary, piecework, based on hourly, daily or monthly tariff rates.

Under the usual accounting of working time, payment is subject to working days for the months after the dismissal on a five-day or six-day working week, depending on the operating mode of the organization, falling on the paid period, that is, for a specific month after the dismissal clause 9 of the Regulations. At the same time, the severance pay paid on the day of dismissal must be calculated for the working days falling on the first month after the day of dismissal.

To calculate the severance pay (earnings for the period of employment), the average monthly earnings in this case can be calculated using the formula e

Severance pay is compensation given to employees upon dismissal.

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The procedure for calculating and providing payments is determined by the Labor Code. The amount of compensation upon termination of an employment relationship with an employer depends on many factors, including the reason for the reduction.

What does the law say?

The allowance is compensation for the very fact of leaving the company, therefore it is paid on the day of dismissal (Article 84.1, Article 140 of the Labor Code of the Russian Federation).

Payments are made on the basis of the order, which indicates the grounds for the reduction. A separate order for the appointment of compensation is not issued.

The amount of the allowance is determined on the basis of the average monthly earnings.

concept

Severance pay is a lump-sum payment assigned to a dismissed citizen. The grounds for making payments are provided for by labor legislation, internal regulatory legal acts of the company, collective and labor agreements.

Severance pay upon dismissal is not always provided, but only in certain cases.

Normative base

Labor law obliges employers to provide benefits if the contract is terminated for one of the following reasons:

• Liquidation of company;
• downsizing;
• conscription of a citizen for military service;
• reinstatement by a court decision or a labor inspectorate;
• refusal to transfer to another locality;
• refusal to transfer to another job for medical reasons;
• recognition of the employee as unfit for work for health reasons (if there is a medical certificate);
• refusal to continue work due to a change in working conditions;
• the reduction of the head through no fault of his, if the founders are responsible for making the decision;
• with the head and chief accountant due to the change of ownership;
• violations committed by the employer, as a result of which it becomes impossible to transfer to another vacancy by court order, medical indicators, for persons who do not have the required documents on education, citizens deprived of certain rights (expelled from the Russian Federation, dismissed from civil service, etc.) , incl. deprived of the right to carry out certain activities.

The dismissed citizen in the next two months receives compensation in the amount of the average salary.

If you register at the employment center, the terms of payments will increase to three months.

The average monthly salary is due to employees dismissed due to violation of the rules for concluding an agreement.

The dismissed manager and chief accountant are entitled to compensation in the amount of three average salaries. In all other cases, the reduction is due to an amount corresponding to two weeks' salary.

This also includes citizens employed in seasonal work.

What documents of the organization is fixed?

In some cases, on the last day of work of a departing employee, he is paid not only salary, vacation compensation, etc., but also severance pay. The two most common grounds are the reduction or liquidation of the company. The amount of payment is determined depending on the average salary and category of employee in accordance with the Labor Code. The rules and examples for calculating benefits are described in detail in the article.

Expert opinion

Chadova Svetlana

Leading Human Resources Specialist, lawyer consultant on labor law, site expert

Labor legislation provides for quite a few cases when, upon dismissal, an employee is given not only a salary calculation, unused vacations and other compensation, but also a severance pay. The main 2 cases are dismissal and due to the termination of the company's activities (bankruptcy, reorganization, etc.). In such situations, allowance is due for a maximum of 2 months.

There are also a number of other reasons (conscription to the Armed Forces of the Russian Federation, refusal to transfer to another position for medical reasons, etc.), when an employee is also guaranteed severance pay, but it is paid only for 14 days.

If an employee works in a company located in the Far North, he has the right to receive severance pay upon dismissal on the same grounds. However, the maximum payment period can be increased to 4-6 months, if, being officially unemployed (registered with the employment service), he still cannot find a job.

A similar guarantee applies to seasonal workers; they are also paid benefits for 2 weeks.

Another reason is the violation by companies of the rules for concluding an employment contract. In this case, the amount of severance pay is one monthly salary.

If the manager, his deputy or chief accountant quits, the amount of the payment is 3 months' salary (or more). The reason for dismissal in this case is the change of the owner of the company.

The same amount of payments is due to the manager who leaves work by decision of the owner of the company.

Thus, the employer pays both the allowance and the average monthly salary only on the basis of a reduction or liquidation. In other cases, the employee can only claim the benefit itself. For all other reasons, the allowance is not paid– dismissal at the personal request of an employee, in case of violation of discipline, as well as dismissal of a person who was hired under a fixed-term contract (valid for no more than 2 months).

Allowance and dismissal by agreement of the parties

At any time, the employee and the manager can come to an agreement according to which the employee is dismissed from a specific date.

Thanks to this, he can quickly start looking for a new job, and the company gets rid of an “undesirable” employee in the state. Often in such cases, the parties agree on compensation, i.e. compensation, which is the severance pay. Since the legislation does not oblige the appointment of a payment upon dismissal by agreement, the employee and management agree on this individually.

The document is drawn up in an arbitrary form, the main condition for its signing is the voluntary decision of each party. The agreement contains information about the parties (name of the company, full name of the director or other person acting on his behalf, full name and position of the employee), as well as:

• date of termination of the employment contract (this is the day of dismissal);
• the amount of the allowance, the procedure for its payment;
• assertion that the parties have no claims against each other;
• their signatures, decoding of signatures (surnames, initials);
• date, seal of the organization.

The payment of benefits can be initially provided for under an employment contract (individual or collective). This is an obligation of the company, which it assumes voluntarily. In this case, the procedure and amount of payments are determined directly by the text of the contract or additional agreements to it.

Severance pay for employees hired by IP

It is important to understand that from the point of view of legislation, employees who have labor relations with enterprises (legal entities) and employees working for individual entrepreneurs have an unequal legal status. In general, they can count on the same labor guarantees, however, severance pay upon dismissal is not paid by the employer if:

• he liquidates his company (ceases activities as an individual entrepreneur);
• cuts staff.

The relevant explanations were given by the Supreme Court of the Russian Federation.

The logic of the court is based on the fact that an individual entrepreneur is an individual who is also an employer. However, since his company is not registered as a legal entity (for example, LLC), a number of provisions of the Labor Code are not applicable to him. Thus, severance pay from an individual entrepreneur can be received only in cases where this is directly provided for by the employment contract.

How the allowance is calculated: rules and practical examples

According to the above articles of the Labor Code, the amount of severance pay is determined by the average earnings received by the employee per month. The allowance can be 1-fold (for 1 month), 2-fold and less often larger.

* Also, benefits can be paid for 3 months, but only if the citizen is officially recognized as unemployed (registered with the employment service), but has not received a new job. In the case of workers from the Far North, this period can be extended to a maximum of 6 months.

Thus, to calculate the amount of payment, you need to perform 2 steps:

1. Determine your average monthly income.
2. Determine the category of employee in accordance with the Labor Code.

Earnings are determined for the last 12 months (or less time - according to the actual length of service of the employee in this company). This is an average value, the calculation of which takes into account:

• actual salary;
• bonuses and bonuses;
• allowances;
• other types of payments that are prescribed in the internal regulatory documents of the employer.

In general, the calculation formula looks like this.

An employee works for the company for 18 months and leaves due to redundancy. His salary consists of a salary of 30,000 r and a bonus. It was paid quarterly, averaging 5,000 rubles. Then it turns out that for the entire period 6 bonuses were earned (for 6 quarters) in the total amount of 30,000 rubles. The average salary is: (30,000 * 18 months + 30,000 r) / 18 months. = 31667 rubles. This is the amount of severance pay for 1 month.

The employee works in the company for 6 months and 10 days, leaves due to military conscription. His salary is fixed and amounts to 36,000 r, bonuses were not awarded. We determine the average daily earnings based on the fact that there are 21 working days in a month: 36000/21 \u003d 1714 rubles. The benefit must be paid within 14 days. Therefore, its size is 1714 * 14 = 23396 rubles.

The grounds for termination of the employment contract, which condition the payment of a severance pay in the amount of two weeks of average earnings, are listed in part 3 of the commented article.

3. Persons working part-time, severance pay upon dismissal are paid on a general basis in accordance with Art. 287 TK.

4. Special rules for the payment of severance pay are provided for certain categories of employees. So, upon termination of an employment contract with an employee employed in seasonal work, in connection with the liquidation of the organization, a reduction in the number or staff of the organization's employees, severance pay is paid in the amount of two weeks of average earnings (Article 296 of the Labor Code).

Cases of payment of severance pay and its amount upon termination of an employment contract with an employee working for an employer - an individual, are determined by the employment contract (Article 307 of the Labor Code).

An employee who has concluded an employment contract for a period of up to two months is not paid severance pay upon dismissal, unless otherwise provided by federal laws, a collective agreement or an employment contract (Article 292 of the Labor Code).

5. The wives of military personnel serving under a contract on the territory of the Russian Federation are paid a severance pay in the amount of two months' average wages in cases where their termination of the employment contract is due to the movement (transfer, secondment) of military personnel to a new place of military service in another locality of the Russian Federation or of the former USSR, which is provided for by the Decree of the Council of Ministers of the RSFSR of November 5, 1991 N 585 "On strengthening the social protection of military personnel serving on the territory of the RSFSR" * (92) and the order of the Minister of Defense of the Russian Federation of July 11, 2002 N 265 "On payment of severance pay to the wives of servicemen who are doing military service under a contract in cases of termination of their employment contract in connection with the movement of servicemen to a new place of military service in another locality "* (93). Severance pay is paid from funds allocated from the federal budget and provided for in the consolidated cost estimate of the Ministry of Defense of the Russian Federation for providing benefits and compensation to military personnel and members of their families. According to the specified order of the Minister of Defense of the Russian Federation and the explanation contained in the letter of the Ministry of Finance of Russia dated June 22, 1992 N 42 "On the procedure for paying severance pay to the wives of military personnel", this severance pay is paid by the financial authority of the military unit at the place of service of the husband.

6. Payment of severance pay upon dismissal due to an unsatisfactory test result is not provided (Article 71 of the Labor Code).

8. Special rules for the payment of severance pay are provided for judges upon retirement or retirement. So, according to paragraph 3 of Art. 15 of the Law of the Russian Federation of June 26, 1992 N 3132-I "On the Status of Judges in the Russian Federation" * (95) a retired or retired judge is paid a severance pay based on the monthly salary for the last position for each full year of work as a judge, but not less than six times the monthly salary for the leaving position. At the same time, a judge who has previously retired or retired shall only take into account the period of work as a judge that has elapsed since the termination of the last resignation.

The calculation of the amount of severance pay is made in accordance with paragraph 1 of Art. 19 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" based on the official salary of a judge, additional payments for the qualification class and length of service, payments by coefficients (district, for work in high-mountainous regions, desert and waterless areas), allowances for work in areas with unfavorable climatic conditions.

9. Calculation of the amount of severance pay upon dismissal requires determining the size of the employee's average earnings. For all cases of determining the size of the average wage (average earnings) provided for by the Labor Code, a single procedure for its calculation is used, established by Art. 139 TK. To calculate the average wage, all types of payments provided for by the wage system applied by the relevant employer are taken into account, regardless of the sources of these payments. The calculation is made on the basis of the salary actually accrued to the employee and the time actually worked by him for the 12 calendar months preceding the period during which the employee retains the average salary. In this case, the calendar month is the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive). The list of payments taken into account for calculating average earnings is provided for in clause 2 of the Regulation on the features of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922.

10. When collecting average earnings in favor of an employee reinstated in his previous job, or if his dismissal is recognized as illegal, the severance pay paid to him is subject to offset (paragraph 62 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation "* (96)).

16. The decision of the employment service authorities to preserve the average earnings for the third month for the employee dismissed on the grounds specified in part 1 of the commented article is made subject to the timely application of the employee looking for work to these authorities, recognizing him as unemployed in the prescribed manner and the impossibility of providing suitable job for him.

Suitable, according to Art. 4 of the Law of the Russian Federation of April 19, 1991 N 1032-I "On Employment in the Russian Federation" * (100), such work is considered, including temporary work, which corresponds to the professional suitability of the employee, taking into account the level of his professional training, conditions last place of work (with the exception of paid public works), health status, transport accessibility of the workplace. Paid work, including temporary work and public works, requiring or not requiring (taking into account the age and other characteristics of citizens) preliminary training, that meets the requirements of labor legislation and other regulatory legal acts containing labor law norms, is considered suitable for citizens:

For the first time looking for a job (previously not working) and at the same time not having a profession (specialty);

Dismissed more than once within one year preceding the onset of unemployment, for violation of labor discipline or other guilty actions provided for by the legislation of the Russian Federation;

Those who have ceased their individual entrepreneurial activity, who have left the members of the peasant (farm) economy in the manner prescribed by the legislation of the Russian Federation;

Aspiring to resume labor activity after a long (more than one year) break, as well as those sent by the employment service for training and expelled for guilty actions;

Those who refused to improve (restore) their qualifications in their current profession (specialty), receive a related profession or undergo retraining after the end of the first period of payment of unemployment benefits;

Those who have been registered with the employment service for more than 18 months, as well as those who have not worked for more than three years;

Applied to the employment service after the end of seasonal work.

1) it is associated with a change of place of residence without the consent of the citizen;

2) working conditions do not comply with the rules and regulations on labor protection;

3) the proposed earnings are lower than the average earnings of a citizen, calculated for the last three months at the last place of work. This provision does not apply to citizens whose average monthly earnings exceeded the subsistence level of the able-bodied population, calculated in the constituent entity of the Russian Federation in the prescribed manner. In this case, a job cannot be considered suitable if the proposed earnings are lower than the subsistence minimum calculated in the constituent entity of the Russian Federation in the prescribed manner.

It should be borne in mind that the employment service authorities are not entitled to decide on maintaining the average earnings for the third month in relation to old-age pensioners dismissed according to those specified in Part 1

Official employment gives the employee and the employer in controversial moments to defend their rights at the legal level. This is extremely relevant right now, when many companies are beginning to act in opposition to the Labor Code of the Russian Federation. They try to optimize their costs by not knowing the rights of the employee.

The end of 2014 and the beginning of 2015 were not easy for Russia. Especially in the labor market. Many companies have made the decision to cut staff or completely liquidate activities. Employees of such organizations were laid off, lost the bonus component of wages. Whatever measures the company takes, you need to know what payments you are entitled to when you are laid off or laid off. This will protect you and allow you to legally claim the amounts due. Note that we are talking about reduction or dismissal at the request and desire of your employer.

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No matter how great a relationship you have, if you are asked to leave of your own free will is a violation. You don't have to write any statements. A notice of your reduction must be provided under a signature, which will indicate the terms of dismissal and its reason. And you must receive this paper at least 2 months before the specified date.

What is severance pay

A short answer to this question will turn out like this: severance pay is the amount in monetary terms that the employee will receive at the time of termination of the employment contract with the employer, at the initiative of the latter, in addition to all basic calculations.

Such a payment is claimed by employees who will be fired due to a reduction in the company's staff or its liquidation.

Points to remember:

1. At the time of dismissal, the company is obliged to calculate the average earnings for the month and pay it.
2. At the time of employment, the dismissed person retains the right to receive an average monthly salary from the company, but not more than 2 months.

The legislative framework

The Labor Code of the Russian Federation prescribed at the legislative level the legality of such payments. And if the employer notifies you of the reduction, then referring to Article 178 of the Labor Code, namely:

• the company is liquidated;
• Clause 1, Article 81 of the Labor Code of the Russian Federation - the number of employees is reduced, you are claiming additional benefits.

It turns out that the employer pays you the next month after the dismissal, because you lost your earnings on his initiative.

It was not possible to get a relevant position within 2 months, you have the right to receive another payment at the end of the second month of non-employment.

Grounds for paying severance pay

Protecting a citizen of the Russian Federation from an unscrupulous employer, the Labor Code specifically prescribed all the parameters for paying benefits if the company wants to reduce staff or stop its activities. The reasons may be different: the financial crisis, the unfavorable environment of the company or other factors.

If the employee conscientiously fulfills obligations to the enterprise, then the company has the right to be liable for the sudden termination and inability to receive wages for employees. This does not apply to employees who violate the company's regulations, who decide to change their profession or place of work on their own.

1. The main reason for the payment of benefits is the liquidation of the enterprise. That is, the company no longer plans to operate, and all employees are laid off.
2. Also, the company, experiencing difficulties, may reduce staff. At the same time, the employer must first offer the employee another place of work that is suitable for the state of health and qualifications of the workforce. If there are no such places, then notify the employee about the reduction 2 months in advance.

Payout amount

What size of payment can we talk about if your company is liquidated or you are laid off due to the inability to pay more for your work?

So, on the day of dismissal, you receive in your hands:

1. Salary or payroll for the period worked.
2. Compensation for unused vacation.
3. One average monthly salary.

Next, you go in search of work, apply to the labor exchange for help in finding a job. If at the time of the second month you could not get a job, then the company pays you your fixed average monthly earnings.

You can get it for the third time if you contact the employment service within 14 days, but you cannot find a job within three months (90 days) after the dismissal. This payment will be made only by decision of the employment authority. It is necessary to follow the measures and rules of the service for the timely receipt of benefits.

Average monthly earnings are calculated based on the last year of work in the organization.

severance pay

The loss of a job was due to the fault of the employer, you, as an employee, may experience difficulties due to an unexpected shortage of funds, therefore, the organization supports you financially for at least two months, paying the average monthly salary. Consider options for paying benefits or when you leave for other reasons.

Upon dismissal

Loss of work by an employee can occur not only due to the liquidation of the enterprise or in connection with a decrease in the number of employees. However, the payout amount is different.

A benefit amounting to 2 weeks of average earnings is received by a person who:

• or work. At the same time, it does not correspond to his activities, does not suit him for medical reasons, or the employer does not have an appropriate staff unit at all. This payment is made in accordance with paragraph 8 of part 1 of article 77 of the Labor Code of the Russian Federation.
• You are drafted into the army or sent to alternative civilian service. This is regulated by clause 1 of part 1 of article 83 of the Labor Code of the Russian Federation.
• If an employee who previously performed your work returned, in accordance with paragraph 2 of part 1 of Article 83 of the Labor Code of the Russian Federation, you also apply for a two-week allowance.
• The company changes location, moving to a completely different area, you can refuse to move and receive compensation, this is prescribed in paragraph 9 of part 1 of Article 77.
• Your state of health no longer allows you to perform work and this is confirmed by a medical report, in this case you should refer to paragraph 5 of part 1 of article 83 of the Labor Code of the Russian Federation.
• With a significant change in the terms of the employment contract that was previously signed by you and your employer, you can refuse to work and receive payment, article 77, paragraph 7, part 1 clarifies these conditions.
• Your activities are seasonal. As soon as the work is completed, you are paid an additional allowance in the amount of two weeks of earnings in accordance with Article 296 of the Labor Code of the Russian Federation.

When reducing

The employee claims to receive benefits in the amount of one average monthly salary as compensation for the next month after dismissal. This also applies to the reduction in the liquidation and bankruptcy of the enterprise, and to the reduction of staff. This amount is strictly fixed by the Labor Code of the Russian Federation. There is still an opportunity to receive an average monthly allowance if he does not find a job within 2 months after.

Separate categories of workers

There are non-standard cases that need to be considered individually.

1. If your employment contract was signed for up to two months, then upon its termination, payments of this kind are not provided for you. But if this was discussed in advance with the employer, fixed by collective or labor agreements, or this is a different Federal Law, then one should rely on Article 292 of the Labor Code of the Russian Federation.
2. For employees who are employed in the Far North and areas equated to it, in case of reduction from the organization for any of the reasons (liquidation or reduction in the number of staff), an average monthly allowance is also paid. Additionally, an employee can apply for such benefits no more than 2 more times, that is, not more than 3 months from the date of termination of work.

Rules and procedure for payment

On a legal basis, an employee who does not violate labor relations and maintains discipline can receive severance pay. Moreover, if he decides to quit on his own initiative or is on, such a payment is not made.

Relations with the employer reached a dead end, or did you come to an agreement upon dismissal on mutually beneficial terms? Compensation is not paid, but you can agree on it individually with the head of the company.

A few important points regarding the grant:

• such benefit is not subject to individual tax. This means that 13% of it will not be withheld;
• all payments, including severance pay, are made on the last business day.

How can you find out your average monthly income? In this case, the period of 12 months before the date of the proposed dismissal is taken and all wages are considered. At the same time, sick leave, vacation pay, etc. are not included in the accounting. The amount received is divided by the number of days worked per year. Further, this received equivalent is multiplied by the number of working days in the month that follows the date of dismissal. This is the amount of compensation that the employee claims.

Briefly about the important. You received a notice of dismissal due to redundancy or liquidation of the organization. No panic. You have at least 2 months to finish things, look for a new job. You should not quit immediately, otherwise there is a risk of not receiving the compensation due.

On the day of dismissal, you will be closed:

• wage arrears;
• pay for unused vacation days;
• pay the average monthly salary.

After that, start looking for a job, if you don’t find it within two months after the dismissal, the organization will pay you again.