When the dismissal or suspension from work takes place on the initiative of the employer and is recognized by the relevant authorities as illegal, then the dismissed or suspended employee is paid forced absenteeism, based on the average earnings for the 12 months that were before the dismissal or suspension. The calculation of the average earnings is carried out taking into account the coefficient of the increase in wages at the enterprise. In some cases, the employer is forced to pay the amount of moral damage to the dismissed employee, if this fact has an evidentiary basis.
Instructions
Step 1
Dismissal or suspension from work can be declared illegal by a court, prosecutor's office or labor inspectorate. In this case, the employer is obliged to reinstate the employee at work and pay for all the days of the forced absence.
Step 2
To calculate the payment for forced absenteeism, add up all the amounts earned for which insurance premiums were charged for the 12 months preceding the forced absenteeism and divided by the number of working days in the billing year, based on a six-day working week. The result obtained is multiplied by all working days of forced absenteeism, add the sum of the regional coefficient and subtract 13% of the income tax.
Step 3
If during the period of forced absenteeism at the enterprise, tariff rates or salaries were increased, then the actual salary that turned out after the increase should be divided by the salary that was before the increase. The resulting figure will be the coefficient by which payments for the period of forced absenteeism need to be increased. To do this, the average daily rate, the calculation of which is indicated above, must be multiplied by the average number of days in a month, by 29, 4. You get the amount of payment for one working month of forced absenteeism. This figure is multiplied by the salary increase rate and the number of months during which there was a forced absenteeism with an increased salary.
Step 4
Or, the calculated amount of the coefficient should be divided by 29, 4, multiplied by the average daily rate and multiplied by the number of days of forced absenteeism when the salary at the enterprise was increased. The rest of the days of absence should be counted as described above. The results are added up. This figure is multiplied by the district coefficient and income tax is deducted from the total.
