If the employee is dismissed in connection with liquidation of the organisation or planned reduction, then its output , the manual should include 3 average monthly earnings. By law, he must immediately obtain 1 average monthly salary and another 2 months for him receives his average monthly wage. In addition, the employee is entitled to compensation for unused vacation.
Allowance average two-week earnings expected from the employee in the following cases:- if he refused to transfer to another work required in accordance with the medical report;
- if , whencalled up for military service;
- if you had reinstated the employee that did this work before;
- if the employee refused to move to another locality together with the employer;
if the modified terms of the employment contract the employee is not atnyal;
- if he was inknown unable to work for medical reasons.
If the employee is dismissed at his own request, no severance benefits he was not supposed to. He has only to pay compensation for unused leave. If the employee worked in the organization for 11 months or more, then compensation should be paid for all put unused vacation (28 days). If less, the outcome from the calculation that for every month they spent inhoditsya 2.33 day holiday. Summarize the required vacation days and subtract them are already used to them.
For severance pay, it is important to be able to determine the average earnings of the employee. According to article 139 of the labour code, the calculation of the average wage of a worker is made proceeding from salary actually accrued and the time they actually worked over the 12 months. Example:
N. has been in the organization for 12 months. His salary was the first 3 months of 30000 rubles, and the subsequent 40,000 rubles. To see how much he earned for the 12 months multiply 3 30000 and 40000 9 and fold. Amount received (450,000 rubles), divide by 12 months. In this case, will 37500 rubles.
To calculate compensation for unused vacation will need to know the average daily earnings of the employee. To do this, divide the average monthly earnings by 29.6 (the average number of days in the month). The resulting amount and multiply by the number of day of leave that the employee has not used.