Termination of the employment contract with the employer means that the employee is no longer a member of the team, which means that all existing guarantees will no longer apply to him. But one of them is still preserved thanks to the law in force in the country. It is indicated in Article 140 of the Labor Code of the Russian Federation. What rights does a former employee have under it? This should be discussed in detail.
Legal right
Termination of employment between the employer and the employee takes place in accordance with a specific procedure. Its observance is obligatory for both parties. A citizen must fully settle accounts with the enterprise and conscientiously work out the required time up to the date specified in the order. The tenant, in turn, is obliged to pay off him in accordance with all the rules. And he must do it on time. The timing of the final settlement is regulated by the corresponding article 140 of the Customs Code.
It says that all the sums due to the employee under the contract must be received by him on the day of dismissal. This is a kind of guarantee from the state. It requires that the employer pay the citizen for all the time when he performed his duties in accordance with the job description. Article 140 of the Labor Code of the Russian Federation also considers a case that is quite common in real life. How to be an employer in the absence of an employee on the spot on the day of dismissal? In this situation, you must do the following: give the former employee all the money when he requires. Article 140 of the Labor Code of the Russian Federation allows this to be done no later than the day following the day when the employee declares his desire.
Controversial Issues
Practice shows that the parties are not always able to reach an agreement. Sometimes a dispute arises between them regarding the size of the final calculation.
As a rule, this amount should include:
- accruals in accordance with the time sheet for the last month of work;
- compensation for days of previously unused vacation.
Sometimes when making calculations with the accountant involved in payroll, some questions or complaints arise for the employee. It takes time to resolve them, and in this case it is limited by the date of dismissal. Similar cases are not rare. They are also taken into account by the Labor Code. Art. 140 of the Labor Code of the Russian Federation obliges the employer to pay the employee on the day of his dismissal at least some of the money owed to him. This is the amount that the employer does not dispute. The citizen will receive the rest of the calculation when all incomprehensible moments are clarified. It may take time to collect all supporting documents. After the dispute is resolved, the employee will be able to receive the remaining money along with an explanation of the reasons for the delay.
Important circumstances
Some negligent employers allow violations in the calculation of former employees. A detailed description of possible cases is considered in article 140 of the Labor Code of the Russian Federation with comments.
Here we can distinguish several situations that are most common. First, you need to clearly understand what the law means by the day of dismissal. At this time, the employee is still considered a full member of the team. All provisions applicable to the enterprise apply to it. A person must fully work out this day and receive a corresponding reward for his work. Secondly, it is necessary to distinguish between the concepts associated with the payment of earned funds to existing and laid-off workers. For the first category, special days have special days. The company pays the accrued amounts in accordance with the compiled statement.For the second category, such a document is no longer valid and is losing its force. It is impossible to postpone the provision of the final payment until the moment when the remaining employees will be paid. This is considered a gross violation. The dismissed specialist must receive all the funds due to him on time.
Strict measures
Failure to comply with the law always entails serious consequences. Every employer should remember this and try not to violate the rules established by the state. What threatens the employer with a violation of Article 140 of the Labor Code of the Russian Federation? The fine in this case is established in accordance with the Code of Administrative Offenses.
This normative act contains article 5.27, which describes in detail all possible options for deviation from the rules. It also describes the consequences that such actions can lead to. If during the trial the fault of a specific employee is revealed, then by law he will have to pay a fine. Its size is from 1000 to 5000 rubles. In the same amount, as a rule, individual entrepreneurs are punished. If the competent authorities find out that the blame for the offense lies with the administration of the enterprise, then more stringent measures will be taken. As a legal entity, the company will have to pay from 30,000 to 50,000 rubles. This amount will be enough to henceforth try not to commit such misconduct and closely monitor the work of its employees.
