Elizaveta worked for a Moscow company for three years. One incident took a girl out of her job. In order not to spoil a person's life, Elizabeth's boss asked her to write a statement of her own free will. Within one day, she received a payment of one salary, and that was all. The discovery for her was that for the unaccompanied vacations, which she did not go on for two years, she also had to be paid. But she did not know about it and could no longer demand anything from the company.
Dismissal of your own free will
According to the Labor Code, on the last working day, the employer is obliged to fully pay the employee. If on this day he is absent from work, then no later than the next day after the employee applies for payment. Upon dismissal, the employer must pay the employee the rest of the salary for the worked period, as well as compensation for unused leave, sick leave, if any.
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- On average, for each month worked, an employee is entitled to 2.33 vacation days. Thus, in half a year, two weeks run up, and in a year, the prescribed 28 days. If the employee did not use these days, then upon dismissal he is entitled to compensation based on the average earnings for one day of unused vacation, - Svetlana Petrikova, a lawyer, partner of the law firm PG Partners, said.
If an employee took a vacation in advance, then upon dismissal, the employer has the right to withhold vacation pay from the money due. But according to the law, no more than 20% of the salary accrued to be paid.
Dismissal by agreement of the parties
When an employee leaves by agreement of the parties, by law he is entitled to the payment of the remainder of his salary and compensation for unused vacation. Everything else is determined by the agreement between the parties. The law does not provide for other mandatory payments. In this case, according to the lawyer, the amount of compensation will depend on how you manage to agree with the employer.
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- Many companies prefer to lay off employees by agreement of the parties with the payment of severance pay, say, two months in advance. It costs them significantly less than complying with the layoff procedure for layoffs in accordance with the law. - says Svetlana Petrikova.
Dismissal on staff reduction
When a layoff occurs due to a layoff, in addition to the benefits listed above, the employee is entitled to severance pay equal to the average monthly earnings. Also, if an employee cannot find a job within a month after dismissal, he can apply to the employer for a second severance pay. The lawyer explained that the employer has no right to refuse. But only if the employee is officially registered at the employment center and really cannot find a job.
In exceptional cases, by decision of the employment service, the employee may be paid a severance pay for the third time. Svetlana Petrikova notes that the employer must inform the employee of the intention to dismiss him on staff cuts at least two months in advance.
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- If you are offered to do everything in one day, even with the payment of severance pay, and to issue papers retroactively, you can safely refuse (in this case, the employer will break the law). Indeed, in this case, you will lose two more salaries, - explains the lawyer.
Viktoria Danilchenko, chair of the Moscow Bar Association, said that some categories of employees are entitled to other payments established by labor legislation. For example, this includes compensation for dismissal for health reasons that prevent you from continuing to perform further work. Also, compensation is due for the deterioration of health in the course of work. The employee can be provided with material assistance.
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Victoria Danilchenko noted that in order to protect oneself from non-payment of the due amounts, after dismissal, it is necessary to register with the employment service. In case of violation of the rights of an employee upon dismissal, he has the right to file a complaint with the labor inspectorate, prosecutor's office or court.
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