Upon dismissal, when should funds be calculated and paid? When upon dismissal should payment be issued. Compensation for unused vacation
Labor Code Russian Federation is a document regulating the legal relations between the employer and workers. Among the issues of industrial relations, an important place is occupied by the conclusion of an employment contract and its termination. Dismissal can occur for several reasons. One of them is termination of the contract at the initiative of the employee.
What does voluntary dismissal mean?
Every person, after reaching adulthood, enters into an employment relationship. While mastering a specialty, an employee goes through stages of professional growth from a beginner to an experienced worker who has mastered the secrets of the profession. But at the same time a person has claims to greater material security, recognition of their professionalism or the desire to find application for their abilities elsewhere.
If a person works in the right enterprise, then with increasing experience his importance in the team increases, his salary increases, he receives due respect for himself and there is harmony in labor relations. In this case labor dynasties emerge and leaving work is tantamount to betrayal.
When circumstances arise that require a change labor activity or forcing you to leave work for some time due to life reasons, in which case dismissal occurs on the initiative of the employee or due to at will. This stage of relations is regulated by Article 80 of the Civil Code of the Russian Federation. The first thing you need is submit a letter of resignation in the name of the employer. At the same time, the document should indicate that the dismissal should be of one’s own free will, that is, in accordance with paragraph 3 of Article 77. This step creates the basis for the calculation and subsequent payment of earned and compensation amounts.
The same statement indicates the exact date when the dismissal will take place, and the date of filing the document is indicated below. In this case, there are three options for the timing of termination of the employment contract:
- two weeks' notice;
- work within three days;
Each of the options is reasoned and reflected in the law.
Dismissal with two weeks' notice
The employee’s desire to leave the enterprise does not always coincide with the manager’s desire. Therefore, having written a letter of resignation with a delay of action for two weeks, the employee is given the opportunity to think about his decision. The boss needs time to find a replacement for the outgoing specialist.
At the same time, the person leaving can change his mind and withdraw the application at any time, provided that another applicant is no longer applying for the job in his place. At the same time, in order to retain a person, he may receive an offer with better conditions labor. That is, time is given for best solution for both sides. In addition, the time between filing an application and dismissal cannot be called working time.
For two weeks, the worker may be on some kind of vacation or absent from work due to health reasons, but if the application is pending, then on the day indicated in it he will definitely be fired at his own request. This will happen even if the person is undergoing treatment, although the sick leave payment will subsequently be made in full.
The calculation of working days is counted from the next day after the application is submitted. The last day of work is considered the day of dismissal. In case of unauthorized absence from work during this period, the contract may be terminated under another article, that is, fired for absenteeism. Therefore, even if it is difficult to continue working, it is necessary to end the employment relationship with dignity a team.
Three days' notice of dismissal
If a worker is hired with a three-month probationary period, he can apply for dismissal three days before the event. One of the determining factors is probation, which is reflected in the order when concluding an employment contract. The second is the fact that the probationary period has not yet ended. An application in the prescribed form is submitted to the director and time is required for documentation and receiving a payment.
In the same way, those who were accepted to leave at their own request temporary work for up to two months, as well as seasonal workers. They are also required to submit an application requesting voluntary dismissal and specifying a specific date for dismissal and filing of the application.
Dismissal without work
You can resign on the day you write your application if your own desire coincides with the opinion of the employer. Often people can separate this way during a conflict or under circumstances where retaining an employee could cause further harm to him significant harm. In any case, there is an agreement between the parties.
If an employee can reasonably prove the impossibility of working the allotted time, he is also dismissed without working. Wherein the application shall indicate specific reasons, why they are asking for dismissal without working off. The law identifies such groups of applicants and includes:
- those resigning due to enrollment in studies;
- those who have reached retirement age and are going on vacation;
- following their spouse to their place of duty or on a business trip abroad.
However, there are still those who urgently changed their place of residence, parents with many children, who have been ill for a long time, who are ordered to change their climate zone. In addition, on the day of application older people of retirement age and disabled people are fired without work. This is also prescribed by law. Calculation and payment of the amount due occurs simultaneously with the preparation of documents for dismissal.
A separate issue regarding dismissal without service arises with workers who disagree with violations of standards labor law by the manager. This may be a violation of the norms of legal relations between the manager and the employee. However, Article 22 paragraph “b” explains that the criterion for a violation committed by a manager can be the documents of supervisory authorities that recorded such a fact.
It turns out that anyone who does not agree to work in violation of the requirements must first write a complaint to the appropriate authority, wait for the inspection and the commission’s conclusions, and only then leave without work, citing infringement of their rights.
Procedure for issuing a payment
Payments upon dismissal at one's own request are made after submitting to the accounting department a bypass sheet, a document showing that the enterprise has no material claims against the person resigning. Overalls, material assets, technical literature and the tools used by the employee were returned. If the worker remains in debt, this is included when calculating payments.
After this the calculation is made wages for the period worked and compensation for unused vacation. Upon resignation of one's own free will there are no other payments, unless they are specified in additional internal agreements.
The payment is issued through the cash register on the day of dismissal. If the employee does not receive a payment on this day, the payment will be made at any time at the request of the quitter, stated the day before.
The calculation of the ballot is carried out differently if it was submitted after dismissal. Such sick leave is paid in full, regardless of the time of dismissal. It only takes 10 days to calculate it, and the payment will be on the next day of payroll for the entire team.
What documents are issued upon dismissal?
On the day of dismissal, after reading the dismissal order, the following documents are handed over and signed:
- work book with a record of dismissal under Article 77, paragraph 3, with an explanation of the wording and the number of the corresponding order;
- certificate in form 2 personal income tax;
- certificate of earnings.
Additionally, upon application, you can receive copies of orders for employment, transfer and dismissal, and a certificate of payment of wages for a certain period.
If the dismissed person considers the calculation made with him incorrect or has found an incorrect entry in the work book while working at the enterprise, he has the right to file a claim with the labor inspectorate in accordance with Articles 142 and 234 of the Labor Code of the Russian Federation.
When an employee is dismissed (regardless of the reason for dismissal), the employer is obliged to make a final settlement with this employee, that is, he must pay all amounts due to the employee (unpaid wages, ...).
Payment after dismissal: terms
Labor legislation establishes clear deadlines for calculations upon dismissal. Thus, payment of all amounts is made on the day of dismissal (Article 140 of the Labor Code of the Russian Federation).
Let us remember that according to general rule The day of dismissal is considered to be the employee’s last day of work.
Calculation upon dismissal: payment terms if the employee was absent on the last day of work
If an employee, for example, was on vacation or sick, that is, absent on the last day of work, and the organization’s salary is paid in cash, then the employer must make a payment upon dismissal no later than the day following the day when the employee applied for payment (Article 140 Tax Code of the Russian Federation).
Calculation of an employee upon dismissal: payment deadlines violated by the employer
An employer who has violated the payment deadline when dismissing an employee must pay the latter compensation for the delay in payments in the amount of no less than 1/150 of the Central Bank key rate in effect during the period of delay (Article 236 of the Labor Code of the Russian Federation). Compensation is calculated for each day of delay, starting from the day following the day when the employer was supposed to make payment upon dismissal, up to and including the day of actual payment.
What else does the employer face if he does not pay on the day of dismissal?
If the employer violates the deadline for issuing a dismissal payment, and the employee complains about it to the labor inspectorate, then the employer faces a fine in the amount of (Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
The issue of salary payment upon dismissal worries many workers. establishes that in case of dismissal on the grounds provided for by it, the period of payment should be limited to the last day of work.
On the same day, other payments are issued, which are specified by the law and the employment contract. In case of absence from the workplace on the last working day, the payment must be made no later than the day following the day of filing the relevant application.
If a dispute arises with the employer about the payment of wages, he is still obliged to pay the amount that is not disputed within the appointed time (Article 140 of the Labor Code of the Russian Federation). Delay in payment is classified as an administrative violation and is punishable by a fine for each day of delay. The topic of our article is the rules for settlement with an employee in case of dismissal, the timing of payment of wages and other mandatory payments upon dismissal.
The timing of salary payment upon dismissal is regulated in Article 140 of the Labor Code of the Russian Federation. According to her requirements, . If the employee was absent on the last day, the deadline for payment is the next day after notifying management of the desire to receive a payment.
What benefits is the employee entitled to?
- Wages for the number of days worked in the current working month;
- 13th salary, if this is required under the collective agreement or bonus regulations;
- or according to Article 178 of the Labor Code of the Russian Federation.
In case of delay in payment of wages, the employer is subject to an administrative fine in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of delay. When no agreement has been reached between the employee and the organization on the amount of payments, the employee can either.
Calculation of salary upon dismissal of an employee
Any employee can make an approximate calculation of monetary payment upon dismissal, having received some figures from the organization’s accounting department or from the human resources department.
- Unused days annual leave and additional vacations. You can obtain information about the required vacations from the HR department upon personal request. It is drawn up in the form of an extract from the employee’s personal file. Payment upon termination of an employment contract involves compensation for each unused day of vacation during the entire period of work.
- Calculation of compensation for one unused vacation day is carried out on the basis of, reflecting the employee’s income for the entire period of work in the company. This amount is divided first by the number of months in a year (12), and then by the average number of days in a month (29.3).
- Salary for one working day. Calculation of wages for a part-time working month in which an employee resigns occurs by dividing all due payments for the month by the number of full working days of the month. This number is multiplied by the number of working days in the current pay period.
When calculating an employee's annual income, it is not the calendar year that is used, but the entire year of work from the moment the employee is hired until the moment of dismissal.
Many problems are associated with calculating the amount of salary if it consisted of a permanent part and a bonus (or as a percentage of profit). If the calculation is not clearly stated in employment contract, then they will try to deprive the employee of the bonus portion of his earnings.
Understanding the legality of these actions on your own can be difficult and possibly the best option will become .
Issuance of severance pay
Benefits are paid upon dismissal of an employee, when applicable legal grounds. Dismissal due to the liquidation of the company entails payment of one average monthly salary plus the average salary for the duration of the search new job(no more than two months, if you take into account dismissal benefits).
Collective agreements are drawn up on the basis of a provision that allows other labor acts and agreements to apply together with the Labor Code, if they do not worsen financial situation workers.
In exceptional cases, an employee may be paid wages for the third month after dismissal due to liquidation or reduction. To do this, you just need to provide your work book at your previous job and a certificate stating that you could not find a new job within the prescribed period.
When a salary is paid upon dismissal, a lump sum benefit in the form of earnings for 2 weeks is additionally added to it for various reasons.
Types of bases:
- Conscription for compulsory military service or alternative civilian service;
- Medical indications that prohibit working at the same job under the same conditions. Dismissal occurs if the employer does not have another vacancy suitable for the employee, or the employee refuses it for any reason (clause 8 of article 77 of the Labor Code of the Russian Federation);
- Obtaining a disability group that excludes the ability to engage in work. Dismissal in this case occurs immediately after the issuance of a medical report (clause 5 of Article 83 of the Labor Code of the Russian Federation);
- Refusal of an employee to move to a new place of work together with the employer (clause 9 of Article 77 of the Labor Code of the Russian Federation);
- Entry into force of a court decision to reinstate a person in a previous position in whose position you have already managed to get a job (clause 2 of Article 83 of the Labor Code of the Russian Federation).
Calculation of tax on payments and documents upon dismissal
When settling with an employer, an employee has the right to demand that he issue work book, 2-NDFL income certificates and certificates of the total amount of earnings that will be required to calculate the amount of benefits.
In addition, if an employee wishes to receive other documents that allow him to accurately calculate payments upon dismissal, he has the right to submit a written application for their issuance.
What can you ask for?
- Certificates about the amount of deductions to insurance companies, in Pension Fund or tax service;
- Certificates of wages for specific working periods;
- Copies of documents on hiring and dismissal, moving to another workplace.
Are payments subject to tax upon dismissal of an employee? According to the law, when an employee receives benefits in the amount determined by the Labor Code of the Russian Federation, taxes are not withheld from them. If large amounts are paid, as determined by the terms of the collective agreement, contributions to the tax service are made in the general manner.
Labor legislation regarding taxes on compensation payments allows for many interpretations and discrepancies. However, paragraph 3 of Art. 217 of the Tax Code establishes that all types of monetary compensation established by law are exempt from deductions to the tax authorities.
If you disagree with the amount of payments or other actions of the employer, apply to the court, or. In your application, refer to other regulations. Demand not only satisfaction of legal claims for compensation, but also payment of fines for late payment of wages.
The dismissal procedure must comply with legal requirements. One of the most important points In this case, the final settlement is made and all amounts due to the employee are paid. The article discusses the question of when wages should be paid after dismissal.
This article discusses issues related to the timing of calculation upon dismissal. In a normal situation, such a calculation should be made on the employee’s last working day before dismissal.
There may be situations when he will not be at work for any reason. In this case, he receives payment when he reminds his former employer about it. This must occur no later than the end of the next day thereafter.
It happens that the employee and the boss have different opinions about the amount the former actually earned. In this situation, mandatory payment within the specified time frame is provided for the amount regarding which there is no disagreement.
When should wages be paid after dismissal?
The statutory payment time is the employee's last day of work.
In some cases, a different date for calculation may be set. If wages are paid late, this is a violation. In this case, additional compensation is paid proportional to the number of days for which payment was delayed.
If, when determining the final amount, there are certain controversial issues and they need to be resolved additionally, then the payment is divided into two parts:
- the amount regarding which there is no disagreement;
- a controversial part of the paid funds, regarding which the issue has not yet been resolved.
The first part is paid on the last working day, and the second part is considered (often this involves going to court).
Upon dismissal as a result of staff reduction (in the event of liquidation of the company), several payments are due. The first part is in general order, that is, on the last day at work. Additional payments are made after a month and after two, provided that former employee continues to be unemployed.
For information on severance pay in case of staff reduction, see here:
Upon resignation of one's own free will
In the event of dismissal of this type, the general rules for the timing of payments apply, that is, the money must be paid on the employee’s last working day.
Dismissal while on vacation
If an employee is on vacation, then he has every right to receive his money no later than the next day after applying for his previous job, as stated in Article 140 of the Labor Code of the Russian Federation.
What types of payments are due?
In most cases, in this situation, two payments occur:
- The employee must receive the salary he earned up to the date of termination, including his last day at work.
- If he has unused vacations, he should include compensation for them in the calculation amount.
When talking about vacations, you need to consider the following. It is believed that the employee must use the holidays due to him in accordance with the established deadlines. Typically, current vacations are issued in accordance with a predetermined schedule. It must be completed before the start of the relevant year.
If an employee does not want to take leave, then this situation is usually considered non-standard. If a large number of unused vacations accumulate over many years, this can add up to a significant amount upon dismissal.
When calculating such payments, the indicator is used average salary behind previous period. However, there are situations when upon dismissal, in addition to those indicated, other payments must be made.
So, if this company pays the thirteenth salary, then it will be necessary to add it to the payment.
There are special cases of dismissal when employees are entitled to additional payments. These are situations when it comes to staff reductions. A similar situation occurs during the liquidation of an enterprise. In this case, additional amounts are provided for citizens.
When calculating, an amount equal to the monthly payment must be provided. It is severance pay. After dismissal, another payment of the average salary for one month is provided. But this can only be done in a situation where the former employee has not found a new job.
One more, third payment of the average salary per month is possible. This will be done in the case where the former employee is registered with the employment service within a period that does not exceed 14 days from the date of registration of dismissal.
In the latter case, the money will be paid provided that there has been an application from the employment service and that the former employee is still unemployed.
There may also be payments of other types. For example, it is possible that an employee provided a car to a company in exchange for a certain rental fee, compensating for its depreciation and maintenance costs. Debts for this type of payment must also be paid.
In the case when layoffs due to reduction are being considered (the same applies to the liquidation of the company), the employee, on a voluntary basis, can apply to the boss for early dismissal. This may be necessary if he has found a job where they do not want to wait for him for too long. In this case, he is entitled to an additional payment.
Other payments are possible depending on the specific situation.
Late payment of settlement
The Labor Code establishes that in case of violation of legal requirements regarding the terms of payment of wages upon dismissal of an employee, the boss is obliged to additionally pay monetary compensation. However, this type responsibility is not the only one in the situation under consideration. 
Employees have the right to file a corresponding complaint with the regulatory authorities (for example, we can talk about contacting the labor inspectorate). In this case, the issue must be considered within a time frame that does not exceed 30 days.
In this case, a decision must be made to inspect the enterprise. If non-payment is confirmed, a corresponding order will be issued, which will indicate the detected deficiencies and set a deadline for their elimination.
When the period allotted for correction has expired, a second inspection will follow, which will allow the inspectors to judge whether all the problems discussed in the order have been eliminated. If violations are not eliminated, the inspector has the right to bring the head of the company to administrative responsibility.
It is permissible, if necessary, to sue the former boss. However, it is necessary to provide for a situation where he declares that the former employee himself did not want to come for the money owed to him. To exclude the court from considering this option, it is necessary to attempt a pre-trial settlement of the case.
To do this, you must make an attempt to receive the money owed and document the attempt. If payment is made in full, the issue will be closed. If not, the court can reasonably say that there was an attempt to settle the case out of court.
When considering the case at court hearing It is possible not only to receive unpaid money along with late fees, but also compensation for moral damages.
Employer's liability
Unfortunately, there may be situations where former boss during the dismissal process, for any reason, did not pay the outgoing employee. This may be a complete failure to pay the money owed to him or only a partial one. However, according to Article 236 of the Labor Code, non-payment is punishable. 
In this case, compensation is provided for the employee whose payment was delayed. It is calculated based on the key rate of the Central Bank of the Russian Federation. At the time of writing this article, its value is set on March 26, 2018 and equal to 7.25%.
The calculation is as follows. The specified value must be divided by 300 (by this moment in this case, 0.02417%) will be obtained and multiplied by the amount of unpaid funds, and then by the number of calendar days (weekends and holidays will be taken into account here) of the delay.
An example calculation looks like this. Let the debt amount to 30 thousand rubles. The last day of work was May 7, 2018. The specified amount of debt was paid on July 5.
To determine the amount of compensation, you need to calculate the number of days by which the former employer was late with payment. It will include:
- in May - 26 calendar days;
- all of June - 30 days;
- 5 days of July.
The total duration of the period under review will be 61 days.
Now you need to calculate the amount that will be credited daily. This will be 30000 * 0.02467% = 7 rubles 40 kopecks for every day. Multiply by the number of days (7.40 rubles * 61 days) and get 451 rubles. 40 k. When calculating, the specified amount, according to the law, must be paid additionally.
This payment is determined by the Labor Code of the Russian Federation; its increase is allowed on the basis of the collective agreement available at the enterprise. The amount of such compensation may be increased based on the company's local normative act. Sometimes this increase is considered during the signing of the employment agreement.
Quitting is often difficult life situation. However, we must not forget that the employee has rights that are guaranteed by law. To use them, you need to know about them and how to use them.
For information about payments to employees upon dismissal, see this story:
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Labor relations between the employer and his subordinates are established by law. One of the important moments in any production activities is the conclusion of employment contracts and their termination. A person leaving his job can occur for many reasons. Today we’ll talk about the timing of calculations for voluntary dismissal.
What does it mean to resign on your own initiative?
Every citizen who has reached the age of late adolescence has the right to get a job and accordingly takes advantage of this opportunity to earn money. When mastering any profession, a person moves from a beginner to an experienced worker who has all the tricks and secrets of his trade.
But, as they say: “Fish looks for where it’s deeper, but man looks for where it’s better.” Therefore, quite often, in search of a new highly paid job, we say goodbye to our old ones. job responsibilities and learn new ones or simply move to another employer who agrees to pay more for our services.
All these conditions, and one should not exclude unforeseen life circumstances (illness or moving to a new place of residence), lead to the fact that a person writes a letter of resignation on his own initiative.
How is dismissal on one’s own initiative legally established?
The basic rules for the dismissal of employees who made such a decision themselves are enshrined in Article 80 of the Code on labor relations. According to this article, the employee must notify his employer in writing of his dismissal two weeks in advance.
This period begins to count on the next day after the boss receives the letter of resignation.
If both parties to the employment relationship do not mind, the employment contract can be terminated earlier.
Also, if the employee decides to remain in his position, he can withdraw the application until the period given for notice of dismissal expires. The citizen remains in his place if a new employee is not invited to this position. It should be remembered that a new employee must be invited to work in writing.
Despite the fact that this type of dismissal is regulated by Article 80, an entry in the work book is made on the basis of paragraph three of Article 77 of the Labor Relations Code. 
In what cases does dismissal on an employee’s own initiative occur without two weeks of work?
An employee may leave his job duties on the day specified in the application in the following cases:
- It is impossible to continue working due to retirement age or enrollment in educational institution, accredited to conduct educational activities.
- Violation by the employer of a collective agreement, employment contract or agreement, or other legislation in the field of labor relations.
When is the final payment made upon dismissal?
After the warning period has expired, the employee resigns and is considered dismissed.
The employer gives him a work book with a note of dismissal on his own initiative, other working documents specified in the employee’s application, and makes final payments to him upon dismissal.
If, after the expiration of the work period, the employment agreement is not terminated and the employee continues to perform his job duties, then the employment contract continues to be valid. 
Who gets fired without a period of 2 weeks?
If an employee was recently hired for a position and his employment contract specifies a probationary period that has not yet expired, then his dismissal must be formalized within 3 days. Payment upon dismissal is also required to be issued on the day of dismissal.
Seasonal workers hired for temporary jobs are fired using the same principle.
What payments are included in the calculation of employees who quit on their own initiative?
If the employee decides to terminate the employment contract on his own initiative, then his calculation should include the following payments:
- Calculation of unused vacation days upon dismissal (compensation for vacation that was not used by the employee).
- All existing wage arrears.
- Payments for days worked in the month of dismissal.
You should carefully study the payslip and make sure that wages are calculated correctly with the due bonus and allowances, and also, if this is not done, ask for vacation compensation.
If you have worked for many years without vacation and did not require monetary compensation for it, you should know that you will receive compensation only for the current and previous years. All other amounts are forfeited. At the same time, the employer is not obliged to remind his employees about this; they themselves must take care of payments for unused vacations. 
Is severance pay paid?
This benefit is paid only during the staff reduction procedure. Therefore, those who quit on their own should not count on him.
It is also paid in the event of liquidation of the organization.
How is vacation pay calculated?
This compensation is paid if the employee did not use his regular regular vacation in the current year or used it, but not completely.
- Let's find the number of days worked in a month: p working days of the month - days that were not attended by the employee for all reasons.
- Let's determine the average daily earnings: payments for the calculation period/number of days worked in a month.
- Let's calculate the compensation payment: all days worked in the month of dismissal x average daily earnings.
Deadlines for payment of compensation upon dismissal
The Labor Code of the Russian Federation, namely Article 140, stipulates that a resigning employee must receive all payments due to him on the day of dismissal.
It is generally accepted that the day a person worked last time and the day of dismissal coincide, but sometimes this is not the case. For example, if an employee works shifts every other day. The last shift was on April 13, and he quits on April 15. Thus, the last working day in the second spring month is the 13th, and the day of dismissal will be the 15th. This means that the calculation period for voluntary dismissal in this case falls on April 15.
Article 140 also mentions that if these two days do not coincide, the employee must submit a claim to the employer for his calculation. It is not clear whether it is spoken or written, since this is not specified in the law.
What are the consequences for an employer of non-payment of wages on the day of dismissal of an employee?
If the employee is not paid upon dismissal, then the law, namely Article 236 of the Labor Relations Code, stipulates that the employer must pay compensation for each day of delay. It is equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation, which is currently in effect. The formula for calculating compensation is next view: Compensation = Refinancing rate / 100% x 1/300 x Amount of debt x Number of overdue days
For violation of the payment deadline when dismissing at one's own request, the employer faces administrative and criminal liability. 
Responsibility for non-payment of wages upon dismissal
Delay in payment upon dismissal results in liability in the following cases:
- If the organization's accounts had cash, but the employer did not pay wages, but spent all the money on the purchase of new equipment or on paying off accounts payable.
- If the delay lasts two months or more, the settlement amount has not been paid in full. If the debt is partial, then liability occurs after three months of delay.
Administrative and criminal liability for late payment of settlement?
Violation of the payment deadline for voluntary dismissal leads to the following consequences:
- If the delay lasts two days, the employee has the right to demand compensation for this.
- Also, small delays lead to administrative liability for the employer. In this case, penalties are imposed. The size of the fine depends on whose fault the delay in settlement occurred. If it's the manager's fault, how individual, then the fine will be up to 50,000 rubles if the organization is to blame, such as entity, then up to 100,000 rubles.
- Longer delays result in criminal liability.
However, most often the employer or organization pays penalties, as this is more beneficial for the state. 
Where can employees seek protection from unlawful actions of their employer?
In case of violation of the terms of payment upon dismissal on his own initiative, the employee has the right to seek help from the court, the prosecutor's office and the labor inspectorate.
To protect yourself, before contacting punitive authorities, you must file a claim with your employer. This is necessary so that your superiors do not declare that you yourself did not show up for payment.
The claim must indicate the day of dismissal, information about non-payment of wages and intentions to appeal to the justice authorities.
The claim must be written in duplicate and registered with the secretary. One copy with the incoming number is sent to the manager, and the other remains with the employee.
You must remember that the labor inspectorate has the right to consider your application within 30 days and should contact it no later than three months after receiving the dismissal order and the work book with a record of dismissal on your own initiative.
The court will accept your application if you apply no later than a month.
