How to calculate compensation for dismissal

How to calculate compensation for dismissal

The dismissal procedure includes not only "paper rolls" and a number of problematic issues, but also "pleasant gratitude" for work in the form of material reward. Full calculation implies the payment of salary balance for the last month of work and compensation for unused vacation. In addition, the Guide to Wisp can thank the employee for his professionalism by allowing the salary. Let's figure it out in more detail how to calculate compensation when dismissal.



1
The main provisions of labor legislation

Art. 80 Labor Code (TC) of the Russian Federation obliges the employer to make a complete settlement with his employee in the event of termination of the employment contract. It is very important that the payment will be on the day of dismissal, and not the day before or later. According to the legislation of the Russian Federation, this compensation consists of:

  1. Wages for the last month of work, including all the allowances and prizes for the employment contract.
  2. Material refund for unused vacation, including legally relying days of rest of the past years. An exception can only be the dismissal associated with a disciplinary offense.
  3. Output benefits, which is assigned in the case of:
  • call for military service;
  • liquidation or reorganization of the company (in the amount of salary for the month for the main production, two weeks earnings - during seasonal work);
  • recognition of the incapacity of the employee;
  • refusal to work at a new place / for another position (at the same time the amount of payment will be equal to a two-week salary - according to 178 tbsp. TK RF).

Consider the calculation of each payment separately.

Download right now:

  1. An exemplary sample of the filled statement for dismissal at their own accord;
  2. Exemplary sample application for dismissal;
  3. Approximate sample disposal of the termination of the employment contract;
  4. Approximate sample filled orders for termination of the employment contract;
  5. An exemplary example of an application for leave followed by dismissal;
  6. An exemplary example of a completed application on holiday with the subsequent dismissal.



2
Salary, allowances and bonuses

This part of the compensation includes payment for time actually worked for a certain period the employee at the date of the dismissal, taking into account factors of production, allowances and bonuses. However, it has no relation to the advances and payments for the previous month - the payments to the employee to rely a little earlier ( st. 127 TC RF).

Let's look at an example of how the calculation is performed in this case:

April 15, 2014 Leading Specialist Trade Company "Mir" Ivan Ivanov dismissed according to a statement on their own. Salary Ivanov, written in the contract, is 10,000 rubles. Given the fact that the April 22 working days, of which he actually worked 10, the remaining amount of wages is determined as follows:

PO (April) \u003d Salary / Weekdays × Spent days \u003d 10000/22 × 10 \u003d 4545 rubles.

All bonuses and production bonuses are calculated after the put salary has already been found. For this final sum is multiplied by the additional cost factor.

3
Unused vacation days

Russian legislation found that the dismissal the employer is obliged to make full payment to the slave for unused vacation days, or offer employee "was done on" until his dismissal. More often than not "deserved rest" is divided into several parts and is used 2-3 times a year. However, there are cases when vacation days are accumulated over the years. Such an option, though contrary to the canons the Labor CodeBut provides an opportunity to get the amount of vacation for all unused vacation time.

Let us calculate compensation "neotgulennogo" vacation on an example:

We continue to the previously described situation with the employee Company "Mir" Ivanov. He works in the company since January 2014 and dismissed in April this year. Accordingly, the number of days of vacation he believes is determined as follows: 28 days (according to LC) / 12 months of the year actually worked × 3 months \u003d 7 days.

The amount of compensation for unused vacation (Co.) is calculated as follows:

Ko \u003d (ZPproshl / Kdney) × He, wherein:

  • ZPproshl - average earnings over the past year (or actually worked a few months);
  • Kdney - the average number of calendar days;
  • He - unused vacation days.

Advice: Use to calculate compensation online calculator - It will significantly reduce your time.

Compensation

Apply the formula for our case. Given the salary of Ivanov, 10,000 rubles. And the number of days actually spent them, the amount of the benefit will be: 35000/45 \u003d 5444 rubles.

Important: If an employee immediately took all the days of vacation and, when dismissal, it turns out that he "fucked up too much", the company's accounting keeps from it exceeding the amount during the final calculation.

For calculations you will need:

  1. Calculator for calculating holiday days and compensation;
  2. Basic formulas for calculating compensation during dismissal;
  3. Examples for the calculation of unused days of vacation.

Calculate compensation for dismissal is completely difficult. It is only necessary to have basic knowledge in the mathematics industry and use the recommendations of this article. Remember that your rights are enshrined in labor legislation, and in case of their violation, you can safely contact the court.

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