Payment of wages upon dismissal - the terms are regulated by Art. 140 of the Labor Code of the Russian Federation - regardless of the reasons, it is strictly regulated by labor legislation. How to calculate severance payments? When should you pay an employee? What is the penalty for late payment of wages upon dismissal? Let's look at the answers to these and other questions in the material below.

Payments upon dismissal: salary balance

The first type of payment upon dismissal is the remaining salary. The procedure for calculating it depends on the wage calculation scheme, which may look different.

With a commonly used time-based salary scheme, the calculation of wages upon dismissal will be calculated using the formula:

SALARY (BALANCE) = (OKL / RD) × OD) - DEBT,

OKL - monthly salary of the employee;

RD - the number of working days in the month for which the salary balance is calculated;

OD - the number of days worked but not paid, including the day of dismissal;

DEBT - existing debts of an employee to the employer (for example, for unpaid advances - on the basis of Article 137 of the Labor Code of the Russian Federation, but taking into account the restrictions established by Article 138 of the Labor Code of the Russian Federation).

Let us note that among Russian employers it is common to use the unified form No. 61 for the purpose of documenting calculations of wages and other payments upon dismissal.

You can learn more about the use of this unified form in the article “Unified form No. T-61 - form and sample”.

Payments upon dismissal: calculating the duration of unused vacation

In most cases, resigning employees have unused vacation days. Their number is determined by the formula:

NDO = YEARS × 28 + 28 / 12 × MONTHS - HOLIDAYS,

NDO - compensation for unused vacation days;

YEARS - the number of full years of work in the company;

MONTHS - the number of months in partial years of work in the company;

LEAVES - the number of vacation days granted (compensated) by the time of dismissal.

Moreover, if a person has worked for a company for 11 full months from the date of signing the employment contract, then it is considered that he has worked for a full year (clause 28 of the Rules on Leave, approved by the People's Commissariat of Labor of the USSR dated April 30, 1930 No. 169).

If your work experience in the company does not exceed 11 months, then the 2nd part of the above formula is used to calculate the number of vacation days:

NDO = 28 / 12 × MONTHS - HOLIDAYS.

If the employee has worked for the company from 5.5 to 11 full months and his dismissal is due to:

• liquidation of the enterprise;
• staff reduction;
• reorganization, temporary suspension of work;
• conscription of an employee into the army;
• unsuitability for work,

then the NDO indicator, subject to the conditions specified in clause 28 of the Leave Rules, will be calculated according to the formula (letter of Rostrud dated 03/04/2013 No. 164-6-1):

NDO = 28 - HOLIDAYS.

Let us now consider how compensation for unused vacation is calculated.

Payment for unused vacation: calculation procedure

Vacation compensation is calculated using the formula:

PAYMENT (NDO) = NDO × SZ,

SZ - average daily earnings.

The SZ indicator is calculated using the formula:

SZ = VYP / OD,

VYP - all payments taken into account in the billing period (12 months or a shorter period, starting from the moment of concluding the employment contract and until the moment of going on vacation or dismissal) payments, not counting the exceptions established by paragraphs. 3 and 5 of the Russian Government Decree No. 922 dated December 24, 2007;

OD - the estimated number of days worked in the billing period.

The OA indicator is calculated using the formula:

OD = MES × 29.3 + ODNM / KDNM × 29.3,

MES - the number of complete months worked in the billing period;

ODNM - the number of days worked in partial months of labor activity in the billing period;

KDNM - the number of calendar days in partial months of labor activity.

Instead of receiving the compensation in question, the employee has the right to go on paid leave with subsequent dismissal (Article 127 of the Labor Code of the Russian Federation). In fact, the difference between compensation and paid leave comes down only to the timing of the employee receiving wages upon dismissal. For compensation, as in the case of payment of the remaining salary, this is the last day of work (Article 140 of the Labor Code of the Russian Federation), for vacation - 3 days before the vacation (Article 136 of the Labor Code of the Russian Federation).

Dismissal during vacations without pay: nuances

It is possible that during the period of work the employee took leave without pay - dismissal in this case can be compensated under special conditions.

The fact is that days of vacation at your own expense, starting from the 15th day of such vacation in the working year, are not included in the length of service used in determining the duration of vacation (Article 121 of the Labor Code of the Russian Federation). This means that with a sufficiently long vacation at your own expense, the indicators in the formulas we discussed above can change significantly.

For example, the YEARS indicator in the first formula for calculating the duration of compensated leave will be applied only if the person has worked for at least 1 working year (at least 11 months from the date of signing the employment contract). If a person worked exactly that much, but at the same time took 15 days of vacation at his own expense, then 1 month will not be taken into account. This will reduce the number of unused vacation days paid upon termination.

For example, an employee worked for 10 months, but took 16 days of unpaid leave. The number of days of unused vacation for calculating compensation upon dismissal will be 21 days (28 / 12 × 9).

Calculation of severance pay

In general, severance pay is not paid upon dismissal. But the law provides for its registration in the following 4 situations.

1. When the benefit is paid in accordance with the agreement between the employer and the employee.

The amount of such benefit is determined in the agreement itself. At the same time, the employer has the opportunity to successfully challenge its too large amount, despite the preliminary consent to the payment (appeal ruling of the Moscow City Court dated February 18, 2014 No. 33-3069).

2. When benefits are assigned in the event of staff reduction or liquidation of an enterprise.

The amount of such benefit is 1 average monthly salary. This payment is supplemented by:

• another monthly salary if the person does not find a job within a month after dismissal;
• monthly earnings after 2 months after dismissal, if the person applied to the employment center (within 2 weeks after dismissal), but was not employed.

3. When the benefit is paid in the amount of 2 weeks' earnings, if the dismissal occurred due to the reasons mentioned in Art. 178 Labor Code of the Russian Federation. For example, due to:

• deterioration of the employee’s health;
• conscription into the army;
• return to work of the replaced employee;
• employee refusal to transfer when the employer moves to a remote area.

4. When benefits are provided in the amount of average monthly earnings in the event that a person is dismissed due to the employer’s violation of the rules for concluding an employment contract - in the manner provided for in Art. 84 Labor Code of the Russian Federation.

Benefits are paid that can be calculated at the time of dismissal, along with the remaining salary and compensation for unused vacation. The second and third payments under redundancy benefits are made in agreement with the employee (based on the documents provided by him certifying the legality of receiving such payments).

Deadlines for payment of wages upon dismissal

Many employers are interested in when to pay paychecks if the dismissal date falls on a weekend. There are 2 options here:

1. If the dismissal occurs on a day off for the employee and the administration, then payroll is paid on the next working day.
2. If the date of dismissal is set on a day off from the administration, but the employee’s work shift, then the settlement must be paid on the date of dismissal. To do this, the employer needs to organize the exit of a personnel officer and an accountant.

What are the consequences of non-payment or delay of salary upon dismissal?

For non-payment or untimely payment of settlement and salary upon dismissal, the employer and officials face administrative and, in some cases, criminal penalties. Let's look at them in more detail.

Administrative liability under clause 6 and clause 7 of Article 5.27 of the Code of Administrative Offenses threatens for untimely or incomplete payment of wages and compensation, provided that there is no criminal offense. The size of the sanctions will be:

• from 10 to 20 thousand rubles. for officials;
• from 30 to 50 thousand rubles. for legal entities.
• from 50 to 100 thousand rubles. for legal entities for repeated violation.

Criminal liability is provided for in Art. 145.1 of the Criminal Code of the Russian Federation, if the employer does not pay wages for more than 2 months (from 100 to 500 thousand rubles), or does not pay the balance of wages for more than 3 months (up to 120 thousand rubles). This article also provides for deprivation of the right to hold certain positions or engage in certain activities for a period of up to 1 year.

Results

Upon dismissal, the employee is almost always paid the balance of his salary, in most cases - compensation for unused vacation, and in many cases - severance pay. The amounts available for calculation for each type of payment are transferred to the employee on the day of dismissal.

You can find out more about calculations upon dismissal in the following articles:

• “What payments are due to an employee upon dismissal?” ;

Dismissal of an employee at his own request is a procedure established by labor legislation for the implementation of a citizen’s constitutional right to freedom of work. After the employee has duly expressed his will to terminate the employment relationship (that is, he has written a corresponding statement within the prescribed period), the employer cannot in any way prevent his departure. From this moment on, he only has the obligation to issue an order, calculate and make all due payments to the employee in the manner prescribed by law - in accordance with his labor merits and exactly on time.

What payments are due upon voluntary dismissal?

The procedure for voluntary dismissal does not provide for any payments to compensate for the loss of work or guarantee financial security while searching for a new job.

Do I need to pay severance pay?

Severance pay is paid when an employee leaves according to a closed list of grounds established by labor legislation (Article 178 of the Labor Code of the Russian Federation), among which there is no termination of employment relations at the initiative of the employee.

The calculation is made based on the time actually worked by the employee, but not currently paid (or the amount of work - in the case of piecework wages), and the allotted (used or unused) vacation time. Thus, as a general rule, in the situation under consideration, it is necessary to calculate two main types of payments.

Payments upon termination of an employment contract at the initiative of an employee (table)

It is worth noting some nuances that must be taken into account when calculating compensation for unpaid leave upon dismissal on the basis in question:

1. If an employee has unused vacation days for several previous years in a row, only the last two years are paid (for the current working year, full or part-time, and the previous one).
2. Full vacation compensation (average earnings for the number of days equal to a full vacation) is paid to an employee who has worked for at least 11 months of the period for which the vacation is calculated.
3. If the employee's vacation is used in full, compensation is not payable. However, if the last vacation was taken in advance (for the period that the employee will not actually work due to his dismissal), payment for days for which the employee did not acquire the right can be withheld from the final payment amount due to him (but no more than 20% of the total payment amount). This rule is based on the provisions of Art. 137 Labor Code of the Russian Federation.

In addition to the payments provided for by law, upon dismissal of one’s own free will, the employee is paid bonuses and allowances provided for by local regulations (including the “thirteenth salary”), if in accordance with these documents the latter is entitled to them. Civil servants have the right to count on bonuses for length of service, rank, conditions, secrecy, important assignments, and so on, if applicable in their particular situation. The calculation procedure is determined based on the conditions established by the relevant legal act. Most often, these payments are calculated in proportion to the time actually worked by the departing employee.

We should not forget that both wages for actual time worked and compensation for unpaid vacation are subject to personal income tax in the amount of 13% of the accrued amount.

Deadlines for calculations and consequences of violating them

Labor legislation puts the employer under strict limits regarding the timing of the final payment to the resigning employee - as a general rule, all payments must be made on the day of dismissal (this is stated in Article 140 of the Labor Code). Nevertheless, exceptions for “special” situations still exist:

1. If the employee is absent from work on the last day, the calculation is submitted the next day after the employee expressed the corresponding request. This rule also applies in the event of temporary disability of the resigning employee on the day of departure. In this case, sick leave is paid separately - within ten days after its submission to the employer, the payment must be calculated, it is paid on the nearest payday established by the rules of the organization with employees.
2. If, by agreement with the employer, the employee went on vacation before leaving and the last working day falls on him, all payments due for dismissal must be made on the day before the vacation.
3. If a bank card is used for payments, charges should be made in a certain article. 140 period regardless of the employee’s presence at work on the last working day.

In a situation where a dispute has arisen between an employee and an employer about the amount of payments due upon dismissal, those for which there is no dispute must be listed within the period specified by law. To resolve any disagreements, you can contact the labor inspectorate.

The Labor Code (Article 236) establishes the employer's financial liability for delays in cash payments, which are due in the amount of 1/300 of the refinancing rate for each day of delay. Of course, it is rare that an employer will voluntarily apply appropriate sanctions to himself. Therefore, to protect his rights, an employee can apply to the labor inspectorate (this body has the right to issue orders to eliminate violations of labor legislation), and then, if payments are not made, to the court.

Payments from the employment center after dismissal at the initiative of the employee

When registering as unemployed after dismissal on the grounds in question, the former employee has the right to count on receiving unemployment benefits. A mandatory requirement is official employment for at least 26 weeks in the 12 months preceding registration.

The benefit is calculated as a percentage of average earnings for the last three-month period worked at the last job:

• first three months - 75%;
• the next four - 60%;
• the next five - 45%;
• further - the minimum amount of unemployment benefits, taking into account the regional coefficient.

Please note that the payment of benefits to the employment service is made in two periods, each of which cannot total more than 12 months in a calendar 18 months. The maximum and minimum benefit amounts are set by the state.

The legislation clearly regulates the procedure and timing of final settlement with an employee who resigns voluntarily. At the same time, the employer’s liability for violating the provisions of the law in this regard is quite high and practically undeniable. This means that you should approach the matter with special responsibility and care.

People have the right to quit their job without explanation. Dismissal on the personal initiative of an employee is a fairly common basis for severing employment relations. The accounting department must make all payments upon voluntary dismissal on the day the employee leaves.

What is paid upon voluntary dismissal?

The company provides the employee with a full salary calculation upon dismissal at his own request:

• Salary.
• Compensation for unused rest days.
• Severance benefits, if such a condition is stipulated.

The full calculation for voluntary dismissal also includes:

• class and skill;
• additional payments as a result of indexation, if there was one at the enterprise;
• various additional payments for the harmfulness and complexity of the work provided by the organization;
• accruals for benefits, if any;
• various bonuses and incentives.

If the employee’s calculation for dismissal of his own free will is not made, this leads to the punishment of the enterprise.

Calculation procedure for voluntary dismissal

After submitting a resignation letter to the HR department and the employee has worked the allotted time, the accounting department makes full payment of the funds due to him. Calculation is made upon dismissal of one's own free will in several stages:

• Calculation of salary upon dismissal of one's own free will, including all bonuses and additional payments. It is carried out in proportion to the time worked. If, for example, a person working a five-day work week quits on October 2, 2017, his salary will be accrued in just one day.
• Calculation of the number of days of unused vacation. For one month of actual work, the employee is entitled to 2.33 days of rest. From this indicator the norm of 28 days per year is formed. When a person does not go on vacation or does not use it in full, the employer is obliged to pay him compensation for these days. Let's say an employee worked at the company for two years, but only used fourteen days of rest. He will then be paid forty-two days (28 + 28 – 14) as compensation.
  

  Important! Vacation days are calculated from the date of employment.

  Employment contracts also stipulate the provision of additional leaves.

• Calculation of compensation for unused vacation. To do this:
  • employee income for the last twelve months / 12 / 29, 3.

  The result is the average daily earnings, which must be multiplied by the number of unspent rest days.

  In an example it would look like this:

  Let’s say your annual earnings are 250 thousand rubles.

  We get:

  250,000 / 12 / 29, 3 = 711.04 – average annual income;

  Vacation compensation for 28 days will be 711.04 x 28 = 19,909.12 rubles.

  Important! When calculating average earnings, it is necessary to take into account only those payments that are provided by law.

  Sometimes, employees take vacation in advance, then upon dismissal it turns out that they remain in debt to the organization. But, you can deduct no more than 20% from your salary. The employee must deposit the rest of the money into the cash register himself. Otherwise, the issue will be resolved in court.

• Calculation and withholding of income tax. It is 13% of the accrual amount.
• Other deductions are made. For example, child support.
• Making direct payments after dismissal at your own request.

An example of how to calculate when leaving at your own request

Let's consider a step-by-step calculation for dismissal of one's own free will:

• salary - 25 thousand rubles;
• bonus – 3 thousand rubles.

He also has 14 days of unused vacation.

We receive the following calculation for voluntary dismissal:

1. For September the employee was accrued:

   25000 + 3000 = 28000 rub.

2. For 14 days of vacation, let’s assume he is entitled to compensation of 12,000 rubles.
3. When tax is deducted, the calculation of payments upon dismissal at one's own request will be: 28,000 + 14,000 – (28,000 + 14,000) x 13% = 36,540 rubles.

The final payment for voluntary dismissal in the amount of 36,540 rubles is made on August 31.

Responsibility for late payment after dismissal

All settlements with dismissed persons are carried out on the day of dismissal. If a person is not there on that day, then the payment due after dismissal at one’s own request is issued on the basis of a separate application the next day after the application.

When it is impossible to pay an employee upon dismissal at his own request and issue a work book on time due to the absence of the person being dismissed, the employer must send a special notice to him.

Important! If the company provides non-cash payments, the money is sent to the employee’s bank card.

When voluntary dismissal payments are not paid on time, the employer pays an additional 1/150 of the refinancing rate for each day of delay.

Additionally, if the payroll for voluntary dismissal is delayed, the company will face punishment:

• An official may be fined 20 thousand rubles;
• up to 50 thousand rubles are forced to pay the sanction to the organization.

To protect their interests, a person has the right to contact the labor inspectorate or prosecutor’s office with a corresponding complaint.

The calculation for voluntary dismissal in 2017 is no different from previous years. No changes were made to the Labor Code in this regard.

The employer is obliged to make calculations and payments upon dismissal of an employee in full. Delay is not permitted by law. If an employer for any reason delays a full payment to a resigned employee, the latter has the right to write a complaint to the labor inspectorate or file a claim in court.

The employee receives a full payment upon dismissal based on the Order from the employer on the dismissal of this employee. The order has a unified form, which HR employees must adhere to.

The employer is obliged to pay the resigning employee:

• wages for actual time worked;
• compensation for unused vacation;
• severance pay in cases where it is provided for by labor legislation, a collective or labor agreement.

Wages are paid in accordance with the salary or tariff rate of the dismissing employee. The employer is obliged to pay for all time actually worked from the beginning of the month, including the last working day. For example, an employee’s salary is 32,000 rubles. He resigns on March 23. In March there were 21 working days, the employee worked 14 days. Salary for March 32,000 / 21 * 14 = 21,333 rubles.

Compensation for unused vacation depends on the employee’s average earnings for the last “working” year, as well as on the number of months when vacation was not used. Also, an employee can first go on vacation and then resign immediately. For example, upon dismissal, an employee has 9 days of vacation. The compensation will be equal to 32,000 / 29.3 * 9 = 9,829.3 rubles.

Severance pay is paid in cases provided for in Art. 81 of the Labor Code of the Russian Federation, when dismissal occurs at the initiative of the employer:

• reduction of staff or number of employees;
• liquidation of the enterprise;
• the employee’s refusal to move with the employer or transfer to another position;
• conscription of an employee into the army;
• recognition of an employee as unfit to perform this work due to a medical report.

The amount of severance pay depends on the grounds for dismissal. In the first two cases, the amount of severance pay is equal to the average salary of the dismissing employee for a month, in the rest - only for 2 weeks.
In case of staff reduction and liquidation of the enterprise, the employer is also obliged to pay the employee benefits for the next 2 months for the period of employment.

Also, the payment of labor benefits upon dismissal may be stipulated in an employment or collective agreement.

When should an employee receive a paycheck upon dismissal?

The final payment deadlines for dismissal are strictly regulated by labor legislation. They are mentioned in Art. 140 Labor Code of the Russian Federation.
This article states that the timing of payment of settlement upon dismissal is limited to the day of dismissal of the dismissing employee.

As a general rule, the day of dismissal is considered the last working day. But the last working day and the day of dismissal of the employee do not always coincide. There are exceptions to the rules.

For example, an employee works in shifts - every three days. His last shift was on May 15, and he quits on May 17. In this case, his last working day is May 15, and his dismissal day is May 17.

The employee must come to work on May 17 and receive the final payment. This is done to avoid unnecessary delays. And in Art. 140 of the Labor Code of the Russian Federation states that if the last working day and the day of dismissal do not coincide, then the employer must pay the employee all the money the next day after receiving the employee’s request for full payment.
The law does not say in what form this requirement must be presented - written or oral.

If the employer and employee do not come to a common opinion regarding the amount of all payments, then the employee has the right to write a complaint to the labor inspectorate. In this case, the employer will be audited, and the deadlines for calculating payments upon dismissal will be “shifted” for an indefinite period.

If an employee is not satisfied with the decision of the labor inspectorate, he has the right to sue the employer demanding a recalculation of the final amount of payments. The employee will not receive his money until there is a court decision, regardless of in whose favor it is made.

If the employee decides to terminate the employment relationship, he needs to submit an application to the employer. At the end of the warning period, a record of termination of the contract is made in the work book. Also, on the last working day, the employee must receive the necessary payments, which include:

• payments for unclaimed days of rest;
• payment for actual days worked;
• bonuses and remuneration, if provided for by the internal regulations of the organization;
• severance pay in cases where it is provided for by labor legislation, a collective or labor agreement.

Counting order

The calculation is made by the accounting department on the basis of the order to terminate the contract () issued by the employer.

Calculation procedure for voluntary dismissal:

• salary is calculated for days worked;
• compensation for unclaimed leave is calculated;
• the amounts received are added up and transferred to the resigning employee.

Calculation of salary upon dismissal of one's own free will

The following rule applies here:

• if the worker has worked for a full month, he needs to be paid his salary in full;
• if a person has worked for less than a full month, then wages in this situation are calculated as follows: the average daily earnings are multiplied by the number of days worked. The received amount is to be issued.

Compensation for unused vacation

If the employee did not rest, he is given compensation. For this purpose, the average earnings for 1 working day are calculated. When calculating, bonuses and allowances should be taken into account. The resulting amount is multiplied by the number of days of rest required.

When calculating vacation pay, the following points should be taken into account:

1. If an employee has already been on vacation this year (meaning that he has taken a full day off), then he is not entitled to compensation.
2. If an employee has accumulated unclaimed days of rest over several years or over the last period, then only all unused days will be paid (including for previous years).
3. If the employee took leave in advance, recalculation will be made and deductions will be made from the salary due to him.

In order to correctly calculate an employee’s resignation at his own request, there are various calculators that you can use.

An example of calculating dismissal at one's own request

Commodity manager Zueva wrote and sent to the director an application for termination of the employment contract with a request to fire her on December 31, 2018.

According to the signed contract, her salary is 30,000 rubles per month.

There are 21 working days in December. The merchandise manager worked for 16 days in December. During these days she should receive funds. Salaries will be calculated as follows:

Divide 30,000 rubles by 21 working days and multiply by 16 days actually worked. The resulting figure - 22,857.15 rubles - must be paid.

Now let’s look at how compensation for unclaimed vacation days is calculated when leaving at your own request.

Commodity manager Zueva got a job at the company on July 22, 2017 and took her entire vacation for the entire previous period from July 22, 2017 to July 21, 2018. She planned to quit on December 31, 2018. On the date of dismissal, the merchandiser will have 7 unused vacation days. Per year, merchandiser Zueva earns: 30,000 × 12 = 360,000 rubles. The average daily earnings will be 1023.89 rubles (360,000 / 12 / 29.3). Thus, the compensation will be 7167.23 rubles.

You can read more about calculating compensation for unused vacation in our.

We draw up a note-calculation

To make the final payment for an employee upon dismissal of his own free will, it is necessary to prepare a calculation note.

The note is drawn up in form No. T-61, approved. . Form T-61 is filled out on the basis of settlement and payment documents, statements that contain information on various charges to the employee (wages, bonuses, allowances, etc.). This is a two-sided form, the personnel officer and accountant are responsible for filling out. The front side, which is filled out by the HR officer, reflects information about the organization, the employee and the employment contract in force between them. On the reverse side, which is filled out by the accountant, payments are calculated upon dismissal at one's own request.

We invite you to download a form for a notice of resignation upon dismissal. If necessary, you can use it at work in order to make the final payment when leaving at your own request.

Payment nuances

Payments for voluntary dismissal upon termination of a contract are established by labor legislation. They are mentioned in Article 140 of the Labor Code of the Russian Federation. Funds must be issued on the last business day.

But the actual last working day and the day of termination of the contract do not always fall on the same date. If the day of termination of the contract falls on a weekend, it is necessary to prepare the necessary documents in advance, provide them to the employee for signature and make a payment, making a preliminary calculation upon dismissal at his own request 2019.

Full payment for voluntary dismissal and issuance of all documents occurs on the day the employee leaves the company. Exceptions can only be made in the following situations:

• if the employee is absent from the workplace on the last day, the money must be issued the next day after his request (this option does not apply to card payments);
• if an employee quits immediately after a vacation (on the last day of vacation and does not go to work), then the money is paid along with vacation pay (as a rule, or on the last working day before the vacation);
• the employee is on sick leave - in this case, the person will receive the sick leave in fact; he will be paid for sick leave after he brings it to his former job.

Responsibility for late payments

Failure to comply with payment deadlines is considered a violation of the law and entails bringing the employer to administrative or criminal liability (depending on the timing of the delay), as well as the imposition of penalties () in the amount of up to 50,000 rubles.

The company will also have to accrue interest to the dismissed citizen for the delay in funds (). Funds due to the employee in the event of a delay will be paid with an interest rate of no less than 1/150 of the key rate of the Central Bank of the Russian Federation for each day of delay.

When calculating upon dismissal at one's own request, the payment deadlines do not shift; all calculations occur on the last day of service.

If payment is not made after voluntary dismissal

If on the last day of work the employer did not make the payments due to the employee upon dismissal at his own request 2019 (in cash or by bank card - it does not matter), then justice can be restored as follows:

• contact the employer directly with a request for final payment (“In accordance with Art. 140 Labor Code of the Russian Federation, I ask you to make the final payment to me for “__”_______ 2019 in connection with my voluntary dismissal. The day of dismissal is considered “__”_______ 2019”). You must bring two copies of the application, give one to the employer, and get a mark on the second that the application has been received. If the manager refuses to accept the application, you can transfer it under the incoming number to the secretary or send it by mail;
• file a complaint with the State Labor Inspectorate. Please note that the complaint review period is 30 days, so you must submit your application as quickly as possible. This can be done through the inspection reception (under the incoming number), through an electronic service, or use postal services. The complaint must reflect your full name, address and telephone number, details of the organization, describe in detail the essence of the complaint and what measures were taken, the amount of payments due. If you have supporting documents (work book, applications, hiring and dismissal orders, a copy of the letter to the employer, etc.), attach them. The inspector will conduct an inspection, and you will receive a motivated response based on its results. If violations are detected, the employer receives an order to make payments after dismissal of his own free will within a specified period, and is also brought to administrative responsibility;
• write to the Prosecutor's Office at the location of the employer. The application procedure is the same as for the Labor Inspectorate. Since both of these government bodies often conduct joint inspections, you can immediately, without wasting time, write applications to both. The prosecutor's office can also order the employer to pay the withheld funds, but cannot force him to do so. The district (city) court has this right;
• go to court with a statement of claim or an application for a court order. The ability to go to court if an employee’s rights are violated has limitations: you can do this within three months from the date of violation of your rights, that is, from the last day of work. Therefore, your simultaneous appeal to three authorities at once will be most effective: the labor inspectorate, the Prosecutor's Office and the court. This is in no way prohibited by law. But comprehensive checks and a subpoena usually stimulate the employer to make a decision in your favor and charge a settlement upon dismissal of your own free will with subsequent payment.