Final settlements upon termination of an employment contract must be completed on the last day of work of the dismissed specialist. Moreover, this type of payment is non-declaratory in nature.
That is, the employee is not required to indicate a request for money in his resignation letter. However, as practice shows, in some cases you will still have to prepare a sample application for payment upon dismissal.
A written application for payment of the final payment upon dismissal is an employee’s request to the employer with a request to give him the money due for the time actually worked, as well as compensation for unused vacations.
Why do you need an application?
A sample request for payment upon dismissal will be needed if the specialist did not work (was absent from the workplace) on the day of dismissal. For example, he took the remaining vacation days off, was on sick leave, or was absent for other reasons.
You will also have to write a statement if the employee did not show up at the appointed time to receive his dismissal money or does not agree with the amount of the final payments.
Articles on the topic (click to view)
- What to do and where to go if you are not paid upon dismissal
- What to do if you are laid off at work
- What to do if the employer does not want to fire at his own request
- What to do if the date of the dismissal order is later than the date of dismissal
- What to do if the employer does not give the work book after dismissal
- What to do if you didn’t work officially, you were fired, you didn’t get paid
- What is the employer obliged to give the employee on the day of dismissal?
The result of processing the claim will be an order for settlement upon dismissal and payment of the money due.
Other payments to the employee upon dismissal
In general cases of termination of an agreement with an employee, the employer is obliged to pay him the following:
- salary for hours worked;
- compensation for unpaid days of annual paid leave for the entire period of the employee’s work in the company.
These amounts are paid on the employee’s last working day (84.1 Labor Code of the Russian Federation, 140 Labor Code of the Russian Federation). If on the day of dismissal (also the last working day) payments are not made by the employer, the employee has the right to demand payment. Receive an application for payment from the employee, the employer must satisfy it within 1 day. If this does not happen, the employer will also have to pay compensation for each day overdue for payment. In addition, in this case the employer also faces administrative liability with a fine of 5 thousand to 50 thousand rubles (5.27 Code of Administrative Offenses of the Russian Federation). In case of malicious evasion of payments to an employee, the employer may face criminal liability with imprisonment for up to 3 years (145.1 of the Criminal Code of the Russian Federation).
Important! If an employee has any debt to the employer, the latter has the right to deduct it from the total calculated amount.
Example situation
Termination of the employment contract falls on 07/20/2018. This day is the last working day for the specialist. The accountant prepared a package of documents and certificates that need to be issued upon dismissal, and also wrote out funds to the cash desk for processing and issuing mutual settlements. However, the employee did not show up for the money; for example, he fell ill and went to a medical institution to issue a certificate of incapacity for work. In this case, the accountant is obliged to deposit the funds that were prepared for the dismissed person into the current account. Payments must be made no later than the next day after receiving a written request from the former employee.
How to notify of dismissal during staff reduction and liquidation
The following deadlines are established for notifying employees of termination of employment due to the closure of the organization or staff reduction:
- employees employed in seasonal work - no later than 7 days before the date of dismissal (Part 2 of Article 296 of the Labor Code of the Russian Federation);
- for temporary employees with a contract period of up to 2 months - 3 calendar days before separation (Article 292 of the Labor Code of the Russian Federation);
- for all other employees - no less than 2 months before dismissal (Part 2 of Article 180 of the Labor Code of the Russian Federation).
If an employee refuses to sign the notification, an act of this in any form is drawn up.
The text of the notification, in addition to the details indicated above, should contain:
- notification of available vacancies in the company to which the employee is offered to transfer (only in case of layoff);
- notice of the possibility of terminating the employment contract before the end of the notice period, giving written consent to this, with payment of average earnings for the time remaining before the date of dismissal.
It is possible to send such a document by registered mail with notification.
Further, from our website you can receive free notices of dismissal in case of reduction:
SAMPLE NOTICE OF TERMINATION DUE TO REDUCTION
Below are free notices of dismissal due to liquidation:
SAMPLE NOTICE OF TERMINATION DUE TO LIQUIDATION
How to make an application
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Legislators have not approved a special form for such an appeal. Therefore, you will have to prepare your application in free time. However, when compiling, be guided by the following rules:
This is important to know: The employer does not accept a letter of resignation
- The document can be handwritten or prepared using printing technology.
- In the header of the application, indicate the position and full name. the head of the employing organization, then write down the name of the institution.
- Now write down information about the applicant: full name, address, passport details.
- In the middle of the new line, enter the name of the document.
- We write the text of the document on a new line: we describe the essence of the appeal in detail. Be sure to write down the position of the dismissed person and the periods of his work in this institution. Then indicate the reason why you did not show up for the money on the appointed day, or write down a claim regarding disagreement with the amount of the estimated payment.
- List the documents that you are attaching to your application as confirmation. For example, indicate the number and date of the sick leave or the name and date of the mathematical calculation of the expected amount of payments.
- Put your handwritten signature and indicate the date the document was compiled.
Hand over the completed paper to the employer personally or hand it to his official representative. For example, give it to your secretary, HR officer or accountant.
How to write a notice of dismissal
There is no specially developed and legally approved form for notice of dismissal of an employee. It is compiled in any form based on a specific situation. In this case, it is necessary to include the following details:
- Name of the organization, date and document number.
- Identification data of the person being dismissed, incl. position, full name
- The text of the message about the intention to terminate the employment contract indicating the specific date of the last day of work.
- The grounds on which the dismissal will be carried out.
- Provide a box for the employee to sign in the confirmation of receipt.
It is possible to draw up a notice in 2 copies , one of which remains with the employee, and the second with his mark of delivery - with the employer.
If an employee refuses to sign that he has read the notice, an appropriate act must be drawn up.
In what cases should you write
As a rule, all payments to company employees are made through banks. Therefore, as a rule, employees do not have problems with timely receipt of payments. But some companies still continue to issue salaries to their employees through the accounting department.
As mentioned above, the employer is obliged to give the employee a full payment on the last day of his stay at the enterprise. But situations are not uncommon when, for one reason or another, a person cannot receive money on the due day. For example:
- due to personal circumstances, for example illness;
- due to delay in payments by the employer;
- if the employee disagrees with the amount of payments received.
In such cases, the employee should write a request for payment upon dismissal.
What does the document provide?
If the employee contacted the employer with a statement for a reason that prevented him from receiving payment at the enterprise cash desk on the day of dismissal, the money must be issued no later than the next day.
If the resigning employee does not agree with the assigned settlement amount, the director must promptly pay the undisputed amount. The rest of the money will be paid after judicial review. Moreover, the employee can count not only on the issuance of the payment in full, but also on compensation for its retention.
The ultimate goal of issuing a demand is an order for settlement upon dismissal and payment of funds due.
Important points
The paper is written in any form. It is better to make it in two copies. One is for the employer, the second (with the signature of the boss) the employee keeps for himself (may be useful in court). Information about the document submitted to the manager must be entered in the incoming correspondence journal.
Sample request for payment upon dismissal
At the top of the document we indicate:
- position and full name employer, name of organization;
- FULL NAME. the dismissed person, his passport details;
- date of document preparation.
The following is the text:
- FULL NAME. applicant, position, period of work and date of dismissal;
- the reason for the request;
- the settlement amount that the employee is claiming;
- It is also advisable to indicate a list of attached documents (if any).
After this, it must be signed and handed over to the employer or his representative.
When is severance pay paid?
Article 178 of the Labor Code implies payment of severance pay in the following cases:
- Liquidation of company;
- reduction of employees according to the updated staffing table;
- refusal of an employee to perform job duties in the event of a significant change in them and changes in working conditions;
- conscription into the army;
- illness that prevents you from continuing to work.
The amount of these payments varies from payment for two weeks to payments for three months of work.
In case of non-payment of severance pay, the employee has the right to go to court, and if the decision is positive, the employer will pay the plaintiff not only the amount due, but also compensation for the delay.
Compensation is calculated using the formula:
unpaid amount (minus personal income tax) × rate of the Central Bank of the Russian Federation (you must select the desired period, since the rate changes frequently) / 150 × number of calendar days of delay.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Waiting for a court decision is not a reason to refuse payments to an employee at all. The employer is obliged to pay the employee the amount that is “indisputable”; the rest is subject to a court decision.
How is calculation made upon dismissal?
To start the process of generating a payout, the employee must write a letter of resignation with payout. If this is the desire of the employee himself, and not a forced measure by the management of the enterprise, then the dismissed person is not entitled to severance pay or other additional payments.
Based on the results of consideration of the application, the manager is obliged to draw up and publish not only an order to terminate the employment relationship, but also an order for payment upon dismissal.
The accountant forms the final amount based on the salary for the period worked but not paid, and compensation for unused vacation days.
The calculation is made using the formula:
salary for the month / working days in the month × days actually worked - all deductions required by law.
Filling out form T-61
THE FRONT SIDE MUST CONTAIN THE FOLLOWING INFORMATION:
— Name of the organization, OKPO code
— Number and date of document preparation
— Number of the employment contract and the date of its conclusion with the employee
— Full name, position, personnel number of the employee and the name of the structural unit in which he works (if any)
— Data on dismissal: date of termination of the employment contract, grounds for dismissal (article of the Labor Code of the Russian Federation), number and date of the order
— The number of days of unused vacation, as well as, if necessary, the number of days on vacation in advance (in this case, the amount for “extra” vacation days will be deducted from the calculations)
— Signature of the HR department employee and date of filling out the document
REVERSE SIDE
Column 1. Year of the billing period.
Column 2. We indicate 12 calendar months before the date of dismissal
Column 3. The total amount of payments to the employee for each month of the billing period is recorded. If in any month the salary was increased or any allowances were made, then this is all taken into account in the indicated amount.
Column 4. The number of calendar days in the billing period (per year) is indicated. The number of calendar days in each month is taken to be a conditional number - 29.3 days, provided that the month has been fully worked out. If a month is not fully worked, calendar days are calculated using the formula: (29.3 days / Number of calendar days in a month) * Number of days worked
Column 5. To be filled in if summarized working time recording is established for the employee.
Column 6. The amount of average daily earnings is indicated. Calculated using the formula: Amount of accruals (line “Total” in column 3) / Number of calendar days (column 4 or 5)
Column 7. Number of vacation days used in advance.
Column 8. Number of unused vacation days.
Column 9. Amount of payments for unused vacation days. Calculated using the formula: (Column 8 – Column 7) * Column 6
TABLE “Calculation of payments”
Column 10. Amount of accrued salary.
Column 11. Amount of vacation pay (take the value from column 9).
Column 12. Other charges.
Column 13. Total amount of all charges (sum of columns 10, 11, 12).
Column 14. Personal income tax (income tax 13%), withheld from all charges (column 13).
Column 15. Other deductions.
Column 16. Total amount of all deductions (sum of columns 14 and 15).
Column 17. Debt of the organization to the employee (for example, some unpaid amounts for previous months).
Column 18. The amount of debt the employee owes to the organization.
Column 19. The total amount of money that the employee will receive after all deductions. Calculated using the formula: Column 13 – Column 16 + Column 17 – Column 18.
Below the tables the total amount of payments is indicated in words and figures, as well as payroll or cash register data on the basis of which funds are paid from the cash desk.
Employer's liability in case of non-payment
Upon dismissal, payment should be made on the last working day. Otherwise, the employer will be held liable.
This is important to know: How many explanations are needed for dismissal?
Financial liability is assigned under Article 236 of the Labor Code of the Russian Federation. In case of delay in payments, the employer is responsible for issuing money with interest in the amount of not less than 1/150 of the current key rate of the Central Bank for each day of delay. Or he faces criminal liability under Article 145.1 of the Criminal Code of the Russian Federation, which provides for partial non-payment for more than three months:
- or deprivation of the right to hold certain positions for a period of up to 1 year;
- or forced labor for up to 2 years;
- or imprisonment for up to 1 year.
For complete non-payment for more than two months:
- or forced labor for a period of up to 3 years with or without deprivation of the right to hold certain positions;
- or imprisonment for a term of up to 3 years with or without deprivation of the right to hold certain positions.
Sample of writing a statement to the employer about non-payment of payment upon dismissal
I would like to consider the most difficult option, when the employee was not officially registered and did not receive payment upon dismissal. “I, full name, worked at “…….” (indicate the name of the employer’s organization and its organizational and legal form of ownership (LLC, individual entrepreneur, OJSC, etc.) for the position “……….” with “___” _______________ 20__
by "___" ______________ 20___
Upon dismissal, the employer did not issue a pay slip, which is a violation of Articles 84.1, 127, 136, 140 of the Labor Code of the Russian Federation. Let me remind you that, in accordance with Article 67 of the Labor Code of the Russian Federation, an employment contract that is not drawn up in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his representative.
For violation of labor legislation, the employer bears administrative responsibility under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, parts 1 and 2.
Criminal liability under Article 145.1 of the Criminal Code of the Russian Federation for non-payment of wages, pensions, scholarships, benefits and other payments. Criminal liability for understating the tax base and non-payment or incomplete payment of taxes under Article 199 of the Criminal Code of the Russian Federation, and administrative liability under Article 122 of the Tax Code of the Russian Federation. The corresponding settlement amount must be paid to me no later than the next day after receipt of this letter, or no later than the next day after the notification of delivery of this application is returned to my address.”
