Upon dismissal of an employee, the employer is obliged to make a full calculation and issue it on the last working day (Article No. 126, 127, 141 of the Labor Code of the Russian Federation). Late payment of the calculation is a direct violation of labor legislation, which entails punishment in accordance with Articles No. 142, No. 362 of the Labor Code of the Russian Federation.
It is necessary
- - application for dismissal;
- - timely application for the calculation;
- - an application to the labor inspectorate or to the court.
Instructions
Step 1
In order for you to be paid the settlement upon dismissal in a timely manner, submit a letter of resignation 14 days in advance if you are working under an open-ended employment contract. If you are temporarily employed, part-time, or on probation, notify your employer that you are leaving three working days in advance.
Step 2
By agreement with the employer, you can quit without working. Such an agreement does not exempt from the timely payment of the calculation. The payments due upon dismissal include all current wages and other amounts due to you, as well as compensation for all days of unused vacation. If you went on vacation without having worked for 12 months, and you were paid vacation pay in full, the employer has the right to withhold the entire overpaid amount from the calculation accrued upon dismissal.
Step 3
For timely dismissal payments, you must be at the company on the last working day. If your last day of work is a weekend or an All-Russian holiday, you may be paid the payment on the eve or on the first working day after a weekend or a holiday.
Step 4
If you did not apply for payment in a timely manner, this does not apply to a violation of labor laws and the employer is not responsible for late payment. He is obliged to send you a written notice of receipt of a full calculation and that you need to pick up a work book and other documents that were stored in the personnel department.
Step 5
In case of late payments, you have the right to apply to the labor inspectorate or to the court. Based on the consideration of your application, you can receive not only all payments due to you upon dismissal, but also compensation in the amount of 1/300 of the calculation amount for each delayed day.
