How to calculate the compensation for dismissal?
When we quit, we all receive a certain amount, which includes wages for the last days worked and some compensation, the origin of which is sometimes difficult to establish. To understand what payments are due for dismissal, you should refer to the labor laws of your country and region.
According to the Labor Code of the Russian Federation, when dismissing an employee, there are three types of payments:
- Wages for the last month.
- Compensation of unused vacation days.
- Severance pay (in special cases).
About what are the benefits of dismissal, already mentioned in one of our previous articles, which you can read here.
It should be remembered that the employee leaves the salary only for the days of the month he actually worked, including all bonuses, allowances, district coefficients and so on.
Now let's try to calculate the amount of salary for dismissal on a specific example.Suppose that Maximova Elena Mikhailovna, working as a computer operator in children's dentistry, receives a salary in the amount of 5082 p. per month. She is going to quit on July 8, 2014.
In July 2014, 23 working days (with a five-day working week).
Accordingly, we need to divide the salary (5082 p) by the number of days in the month (23 in our case). Thus, we get the amount that Elena Mikhailovna would earn in one day of work in July.
5082/23 = 221 r
Now you need to multiply this amount by the number of days actually spent in July (in our case - 6).
221 * 6 = 1326 p.
Consequently, in July, Elena Mikhailovna will receive 1326 rubles of wages.
Now let us assume that Elena Mikhailovna works in the conditions of the Far North, where a 20% surcharge is due to the salary. Consequently, in addition to 1326 p wages, she will receive another 20% (1362/100 * 20 = 265.2 p) of the district coefficient. Total work - 1591.2 p.
Elena Mikhailovna has the experience of continuous work in the conditions of the Far North for more than five years, and therefore receives another 50% of the northern salary supplement. 50% from 1326 r - 663 r. In total, it turns out already 2254.2.
In addition to this, let us assume that in July all employees received a bonus of 10% of their salary. So, to 2254.2 r we add another 132.6 r and get 2386.6 r.
In your case there may be other surcharges, you need to look at the employment contract and regional legislation in more detail.
In addition to wages, you should know exactly how to calculate the compensation for leave when you quit. More about this is stated in our other article, and here we look at the key points.
First, you need to know exactly how many days per year you are supposed to take as a vacation. As a rule, in Russia it is 28 working days, but in some regions (in the North) or depending on working conditions, this amount may vary. The exact date of leave is always prescribed in the employment contract.
Now you need to calculate how many vacation days you earn per month.
For this, the number of days of vacation must be divided into 12 months of the year. For example:
That is, in a month you earn 3.7 days of vacation.
Now you need to calculate how many full months in the working year you have worked. Remember that the starting point is not January 1 of the current year, but the date from which you started to work. If Elena Mikhailovna resigns on July 8, July is not counted as a month of work, since the number of working days is less than half. The date of admission to work is December 25, 2010, therefore, from December 25, 2013 to December 24, 2014, the last working year of Elena Mikhailovna. So, Elena Mikhailovna worked for 6 months - 22.2 vacation days.
Now you need to calculate the average earnings per day for 12 working months. To do this, you need to add all the wages received for the last reporting period (in our case, from July 8, 2013 to July 7, 2014), divide it into 12 months, and then into 29.4 (this is the average number of calendar days). For convenience of calculations, imagine that Elena Mikhailovna received 70,000 p. So
70,000 / 12 / 29.4 = 198.4 p.
Now this amount needs to be multiplied by the number of vacation days that are compensable - in our case, 22.2.
Total, 195.4 * 22.2 = 4404.76 p.
In addition to the above payments, there is another way to calculate compensation for dismissal - to consider the severance pay and the average monthly salary.
The fact is that if you were forced to quit due to the liquidation of the company or reduction, then this company is obliged to pay you a severance payment in the amount of the average monthly salary, as well as pay you this salary until you get a new job, but not more than two months.That is, in the end, you can claim two more of your salary, but no more.
If you are dismissed in connection with a call for military service, or the employer has decided that you do not meet your position, or a former employee has returned to your position, and also in case of your refusal to move to a new job along with the relocation of the enterprise, you have the right to severance pay in the amount of a two-week salary.
These are the basic calculations of payments for dismissal, but remember that compensation for vacation, as well as wages, are subject to personal income tax.