Financial assistance to a civil servant upon dismissal of his own free will

Compensation for vacation for civil servants

Journal “Accounting in Budgetary Institutions No. 6, 2007 Official request from the journal “Accounting in Budgetary Institutions” to the Ministry of Health and Social Development of Russia We ask you to clarify whether a federal civil servant is entitled to compensation for unused vacation if his contract is terminated.
How to calculate it? The fact is that the Rules for calculating the salary of federal civil servants, which were approved by Decree of the Government of the Russian Federation of September 6, 2007 No. 562, do not say this. Letter of the Ministry of Health and Social Development of Russia dated October 16, 2007 No. 3114-17 N.V. Susina, expert of the magazine “Accounting in Budgetary Institutions”

Specialists from the Russian Ministry of Health and Social Development explained that in the event of termination of a service contract, an employee is entitled to compensation for not fully used annual paid leave. Such payment is calculated by dividing the salary calculated for the month by 29.4 and multiplying by the number of calendar days of unused vacation.

From the letter from the Ministry of Health and Social Development of Russia it follows that the calculation of vacation pay and compensation for unused vacation for civil servants is much simpler compared to what is provided for other employees in Article 139 of the Labor Code of the Russian Federation. After all, it turns out that for such accruals, civil servants do not need to consider the average earnings for the previous 12 months. Note that from the text of the letter it can be concluded that the compensation in question will be paid to the civil servant upon termination of the contract for any reason. Of course, if he really did not use part of the annual leave. The rules for calculating the salary of civil servants are described in the magazine “Accounting in Budgetary Institutions”, November (5) 2007.

Providing a civil servant with an alternative position

One of the guarantees of the professional rights of a civil servant is the obligation of the employer’s representative, enshrined in law, to offer available vacant positions to the employee subject to layoffs. The rules for providing such vacancies are established by Decree of the Government of the Russian Federation No. 822 of September 19, 2013.

After notifying the employee that his position is subject to reduction, management is obliged to offer the person vacancies in the same government agency or in the body that will perform the functions of the abolished organization. To do this, the administration has 2 months from the date of warning the person about the impending termination of the employment relationship. If there are no available or suitable positions, positions in other government agencies may be considered.

The selection of vacancies in another body is as follows:

1. Representatives of the personnel service begin searching for vacancies in other bodies at least 30 days before the day of the planned dismissal.
2. A list of vacant civil service positions is being compiled. The list includes vacancies in government agencies in the same area where the employee worked. If there are no suitable places in the same area, proposals from other areas are included in the list.
3. 25 days before the last working day, the personnel department sends a notice to the employee against signature with an offer to fill a vacant position. A list of available vacancies is attached to the notification.
4. When searching for an alternative, the personnel service is obliged to take into account the professional characteristics of the person. Such characteristics include the category and group of the position held, the area and type of professional activity, level of qualifications, length of service, and direction of training.
5. From the moment of receiving the notification, the civil servant has 2 days to make a decision. There are two options - agree or refuse the proposals received. If a person agrees to take a vacant position, he submits an application to the personnel service. In your application you must ask for your application to be sent to the appropriate authority.
6. Within 2 days from the date of receipt of the application, personnel officers are required to send a letter to the relevant government agency with a request to consider the employee’s candidacy for filling the vacant position. The document indicates which vacancy the person being dismissed has chosen and when the 2-month warning period ends.
7. The personnel service of the authority to which the letter was sent is obliged to prepare a response within 3 days. If the proposed candidate is suitable, the response will also indicate when and where the interview will take place.
8. The civil servant is informed of the response from the potential employer within one day from the date of receipt of the corresponding letter.
9. At the final stage, the transfer of the employee is formalized.

Note. The civil government employee himself pays all expenses associated with the interviews (travel, rental housing, communication services, etc.).

Grounds for termination of a service contract with a civil servant

The procedure for terminating a service contract with a civil servant is regulated by the current labor legislation and the norms of the Law “On Civil Service”, in accordance with which a civil servant can be dismissed on the following grounds:

1. At your own request. Termination of a service contract is possible on the basis of an Application submitted by a civil servant no less than 2 weeks before the planned dismissal. An order for the dismissal of a civil servant at his own request can be downloaded here ⇒ Order for dismissal from the civil service at his own request.
2. On agreement of the parties. The civil servant and the employer's representative can agree on the date of termination of the service contract and record it in the appropriate application.
3. By abbreviation. A civil servant may be dismissed due to the liquidation of a government agency, as well as due to a reduction in government positions.
4. For medical reasons. A service contract may be terminated on the basis of a medical report, according to which the civil servant cannot fulfill the obligations assigned to him for medical reasons. Dismissal is also possible if a civil servant is absent from work for more than 4 months in a row due to temporary disability.
5. Inconsistency with the position held. The grounds for termination of a service contract are inconsistency with the position held, as determined by the results of certification, as well as loss of confidence in the civil servant due to violation of restrictions and anti-corruption laws.

When a public position is reduced, the employer's representative notifies the employee and the elected trade union body at least 2 months before the planned dismissal.

The list of compensations paid upon dismissal of a civil servant and the procedure for their calculation depend on the grounds for which the service contract was terminated.

How do they want to optimize the state apparatus?

In 2021, the Ministry of Finance has planned a massive reduction in civil servants. The department said there are approximately 2.4 million civil servants in Russia. This is approximately 3.3% of the total employed population. Now there are about 148 officials per 10,000 people in Russia, and they plan to leave only 103.

The reduction had to be carried out in several stages. The first step in the reform process is precisely mass layoffs:

• by the end of 2020, it was proposed to reduce the number of employees of federal bodies by 10%, territorial ones - by 5%;
• in 2021, the reduction rate in the regions was supposed to be 15%.

Table No. 1. Reduction of civil servants in numbers

The second stage is the structural improvement and reorganization of the state apparatus. At this stage, cuts will also be made, primarily through the consolidation and transformation of government agencies.

Important! According to representatives of the Ministry of Finance, the result of the reform will be an increase in the productivity of civil servants and an improvement in the quality of services provided. An important consequence of innovations is the reduction of the burden on the state budget.

Although the authors of the reform deny that the main goal of their idea is to save money, nevertheless, the use of saved resources has already been found. Due to the fact that a considerable part of the employees will be fired, the remaining employees will be able to increase their pay. Without this, to increase monthly payments, an additional 100 billion rubles would have to be sought from the treasury every year, and salaries were indexed only to inflation rates.

Compensation upon dismissal of a civil servant

If you select Vacation (for calculation) in the Pay field, then the amount to be paid will be calculated taking into account the planned advance paid. Rice. 5 Calculation of compensation for unused vacation upon dismissal of a civil servant

from the monetary salary established on the date of termination of the service contract (salary for class rank and official salary), monthly bonus for special conditions of civil service, monthly bonus for length of service, bonus for working with information constituting state secrets, as well as from monthly monetary incentives;

• from one twelfth of the amount of bonuses for completing particularly important and complex tasks, financial assistance and a lump sum payment for vacation, accrued in fact during the 12 calendar months preceding the date of termination of the service contract.

An example of calculating compensation when laying off a civil servant. Let us assume that a civil servant, who is a 3rd class advisor to the state civil service of the Russian Federation, is dismissed on March 1, 2013 due to a reduction in the position of the federal state civil service.

In the final calculation, the above payments are made upon dismissal of the employee from the state civil service. If a civil servant is transferred to another position in the civil service, these payments are made in accordance with the general procedure.

In particular, payment to a civil servant of financial assistance and a one-time payment for vacation are made on the basis of his written application, and compensation for unused vacation is made in the event of further dismissal, etc. As noted earlier, with the written consent of the civil servant, the employer’s representative has the right to terminate the service contract with the employee without two months’ notice of dismissal from the position being filled.

The labor inspectorate closely monitors violations of the rights of ordinary citizens. Also, the employee independently has the right to contact this institution if there is an obvious violation of rights. This issue is discussed in detail in the legislation of the Russian Federation. How to calculate the number of days of compensation for unused vacation In commercial organizations, the question often arises - how to calculate compensation for unused vacation for a maternity leave? The process of calculating this amount should, if possible, be considered using a simple example. This will minimize the likelihood of making any mistakes. In addition, questions often arise regarding the calculation of monetary compensation for other categories of employees. The application form for compensation can be downloaded here. Difficulties often arise if it is necessary to perform calculations over a long period of time. If necessary, the payment date can be changed manually

• if accruals have already been made during the vacation period, which have a lower priority, they are automatically recalculated (reversed), as a result, the Recalculation section will appear in the document on the Main vacation tab and the Recalculation tab to view detailed recalculation records. If such a “layering” is recorded in one month, this means that corrections are still possible in this month, so recalculation is not performed. To correct this situation, after entering an absence, it is necessary to recalculate the document that already registered accruals for the same period this month.

Rice. 1 You can view the accrual results in detail on the Accrued (details) tab. To calculate compensation upon dismissal, the monthly salary of a civil servant will be 36,906.5 rubles. (5,419 + 1,515 + 542 + 6,503 + 5,419 + (210,102 : 12 months)). The amount of compensation upon dismissal will be 147,626 rubles. (RUB 36,906.5 * 4 months).

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In relation to civil servants of the constituent entities of the Russian Federation, the relevant laws or other regulatory legal acts may provide for slightly different rules for calculating compensation. The payment in question relates to compensation payments associated with dismissal, and therefore is not fully included in the base for calculating insurance premiums and is not subject to personal income tax.

On the Main leave tab:

• The Grant basic leave checkbox is set by default
• in the fields Vacation period from... to... - information about the beginning and end of the annual main leave period. The number of vacation days is calculated automatically in accordance with the production calendar and is displayed in the day field.

If several different production calendars are used, then the one specified in the employee’s work schedule is taken into account. It takes into account how the selected type of leave is provided - in calendar days or in working days (indicated in the leave type card (section Settings - Enterprise - Leave types).

Accordingly, either the number of calendar days or the number of working days according to the calendar of a six-day working week is calculated.

The right to rest is one of the main rights granted to a citizen of the Russian Federation. The employer’s obligation to provide annual paid leave while maintaining the position and average earnings is enshrined in the Labor Code of the Russian Federation, namely Article 114. Chapter 19 of the Labor Code is generally devoted to the issue of leaves for all categories of citizens.

In addition to the general provisions, the rest of civil servants is regulated by Federal Law No. 79 of July 27, 2004 “On the State Civil Service of the Russian Federation.”

This article talks about typical ways to resolve the issue, but each case is unique. If you want to find out how to solve your particular problem, call :

• Moscow .
• Saint Petersburg .

Or on the website. It's fast and free!

The procedure for calculating the vacation period and additional vacation days for special working conditions are given in Article 46 of the 79-FZ.

Receiving financial assistance upon dismissal: to whom, when and in what amount is it paid?

Upon termination of the employment relationship, the organization must make a final settlement with the dismissed person (return the necessary documents and funds). In addition, financial assistance may be provided upon dismissal. It does not apply to mandatory payments, but can be accrued at the discretion of the organization if certain conditions are met.

Is it paid upon dismissal?

Mat. assistance is a one-time payment paid regardless of the number of hours worked and the qualifications of the employee. Paid on the basis of internal documents regulating labor law. Is financial assistance available upon dismissal?

At your own request

One-time payments are not regulated by the Labor Code of the Russian Federation. Most employers are not interested in such payments if the employee, on his own initiative, decides to terminate the employment relationship. On the other hand, such encouragement may influence the decision of the person leaving to withdraw his application.

Some organizations pay financial assistance to employees who, during the performance of their job duties, have made a significant contribution to its development. When terminating the contract at his own request, the employee can draw up a written request for payment of mat. help.

Moreover, he can indicate its size independently. If the decision is positive, an order will be issued to pay it.

Reasons for issuing financial aid:

• forced dismissal due to caring for a sick relative;
• retirement;
• other conditions reflected in the document regulating labor relations or regulations of the organization.

If the provision of financial assistance is reflected in the company’s regulations or employment contract, then upon dismissal it must be paid.

By agreement of the parties

Termination of an employment contract by agreement of the parties is accompanied by the preparation of a special document. It contains all payments due upon dismissal.

All items are included in the document only with the mutual consent of all employees and employers. If an employee needs financial assistance, he must notify the employer. If he doesn’t mind, they decide on its size.

All information about cash payments and the timing of their provision is indicated in an additional agreement, which must be endorsed by both parties. If it is not reflected in the document, it can only be paid at the request of the director.

Military personnel, civil servants and municipal employees

When a person in military service is dismissed, financial assistance is also paid. Its value is influenced by many factors, including military salary and rank.

Financial assistance is not paid in the following cases:

• deprivation of rank;
• criminal prosecution;
• imposing a suspended sentence of imprisonment;
• expulsion from an educational institution for violation of discipline;
• deprivation of the right to assign military positions by court order;
• non-compliance with the conditions specified in the contract;
• deprivation of access to information related to state secrets;
• failure to pass the tests specified in the contract.

A person working in government agencies can also apply for swearing. assistance with dismissal. However, during his working life, he should not make gross mistakes that lead to negative consequences. The right to receive financial assistance is established in regional regulatory documents. A one-time payment is also possible in the event of special circumstances.

When resigning, a municipal employee can count on monetary incentives only if such payment is specified in the legal acts of the given territory.

The amount is calculated in each case individually.

If there are compelling reasons (illness or death of a close relative), a municipal employee can independently submit an application requesting financial assistance.

Is it possible to receive financial assistance for vacation?

Sometimes organizations provide one-time incentives to their employees. Its size can be fixed or equal to the salary. If an employee is dismissed who has not worked for a full 12 months, the payment of financial assistance remains at the discretion of the head of the organization.

They provide social and incentive assistance. Social has nothing to do with work responsibilities. It does not relate to labor costs, therefore, it is not subject to tax. Provided upon written request from the employee.

Incentive payments are included in labor costs and are therefore subject to taxation. If the amount does not exceed 4,000 rubles, then the payment is not subject to taxation. If it is more than the specified amount, then personal income tax and contributions to insurance companies are paid from it.

The lump sum payment is issued only once a year. The amount can be any, but not more than two months’ salary.

Any employee of the budgetary or non-budgetary sphere has the right to financial assistance upon dismissal. Its amount does not have a fixed amount and is not a mandatory payment.

If an employee was given money before dismissal, then the manager does not have the right to withhold it upon dismissal of the employee. If the amount was withheld during the calculation, the employee can safely go to court to recover it.

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Duration of leave for civil servants

The duration of annual paid rest in accordance with the general rules of law is 28 calendar days, which does not include holidays.

However, the legislator leaves a reservation that, at the request of the employee, annual leave can be reduced, but nevertheless it must be at least 28 days.

Moreover, at the request of the employee, this period can be divided into several parts . The only condition is that it must be distributed in such a way that at least one of the parts lasts two weeks or more. The law is silent about the remaining days. Consequently, the employee has the right to divide the remaining period into any components he wishes.

In addition to the mandatory period, officials are entitled to additional rest. The provision of such bonus days depends on a number of factors that apply to a particular government employee.

Factors on which the length of vacation depends

Federal legislation clearly defines the time frame for which length of service is entitled to specific additional non-working days:

1. For years of service from one to five years, an additional one day of vacation is provided.
2. If an employee works for the benefit of the state from five to ten years , then he has the right to count on five calendar days of additional rest per year.
3. If you have ten to fifteen years of experience, seven days are provided.
4. More than 15 years of service provides a bonus in the form of ten vacation days.

If there are dangerous or difficult working conditions, which include, in particular, service in an area with a harsh climate, additional vacation days are accrued in accordance with the requirements of the Labor Code of the Russian Federation. In accordance with Article 117 of the Labor Code, the duration of such leave is a week.

Procedure for granting leave

According to the general rule, the right to receive annual leave arises for a civil service employee who has worked in the organization for at least six months. In general, an employee can go on vacation for the 11 months of the year worked.

Exceptions to the rule are:

• employees before maternity leave or immediately after its completion;
• parents with many children;
• adoptive parents of young children under three months of age.

Additional vacations are summed up and added to the main mandatory period.

In exceptional cases, if there are valid reasons, it is possible to adjust the schedule and leave an employee outside the established period.

In addition, the employee has the right to leave at his own expense, the intention to receive which, indicating the reasons, is reported to the manager. It is worth noting that the maximum possible duration is a year.

Advantage when filling vacant positions

Usually, when the staffing table changes, there are significantly more people wanting to keep their jobs than there are available vacancies. Therefore, vacancies are first offered to those who have priority rights to fill the position.

An employee who:

• has higher qualifications, as well as the corresponding specialty and area of ​​training;
• has longer experience in civil public service;
• showed better professional results.

In addition, the Labor Code of the Russian Federation establishes general categories of subjects who are prohibited from dismissal at the initiative of the employer. The list of “protected” persons includes pregnant women, mothers of children under 3 years of age, single mothers with children under 14 years of age or disabled children under 18 years of age, and the sole breadwinners of the family.

Calculation and payment of vacation pay to civil servants

Federal law, in part 10 of Article 46 79-FZ, establishes that funds must be paid to employees no later than 10 days before the start of the vacation.

In addition to the basic salary, once a year an employee is entitled to financial assistance:

• in the amount of two monthly salaries for employees of federal authorities;
• payments in the amount established directly by the subject of the Russian Federation for an employee of the authorities of the mentioned subject.

Vacation pay calculator

Minakova Yulia

Federal law does not exclude the case of dismissal of employees of an organization on the initiative of the manager. Staff reduction is an absolute method of optimizing activities in any enterprise. The legislation provides for cases when a mercenary occupying a liquidated position, through transfer, has the right to obtain another free position in the organization. There is a procedure for conducting staff reduction procedures that the manager must follow.

The ranks of civil servants will thin out: features of reductions in 2021

Who is entitled to redundancy payments in the amount of two weeks' average earnings Payment of severance pay in the amount of two weeks' earnings for a reduction in the number of employees is made in the following cases: in the event that the state of health does not allow the performance of labor duties for the proposed position; upon conscription for military service or upon receipt of a referral for alternative civilian service; upon reinstatement of an employee who previously performed this work; if an employee refuses a transfer if the organization moves to another location; when the employee becomes completely incapacitated; when refusing to work after making changes to the terms of the employment contract; upon liquidation of an organization or reduction of staff for those employees who are employed in seasonal work.

It is assigned to the dismissed person due to reduction in the form of compensation for subsequent income spent. The benefit amount is equal to the employee’s average monthly earnings at the enterprise. It lasts for as long as you are busy writing a new job, but no more than two months from the date of layoff.

Compensation for unused vacation

When a civil servant is dismissed, he, like any other employee, in accordance with the provisions of Article 127 of the Labor Code, is entitled to payment of monetary compensation for unused vacation days. This norm is separately duplicated in Article 46 79-FZ.

In addition, the employee has the right to receive a cash payment for any number of unused additional days and days over 28 calendar annual leave.

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From the date following the date of dismissal, the employee will not receive a salary (his planned accruals will cease), the employee will not be taken into account when generating reports for periods subsequent to the date of dismissal

• in the Grounds for dismissal field, you must select the grounds for dismissal in accordance with the Labor Code from the Grounds for dismissal directory (section Settings - Classifiers - Grounds for dismissal), it will be used when generating a printed form of the dismissal order
• if the employee is entitled to severance pay, then in the Salary for manually indicate the number of months for which it must be paid.

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Payments upon dismissal of a civil servant (Kurevin L.V.)

• if a civil servant is given the opportunity to fill another civil service position in the same state organization, or in another government agency, taking into account his length of work (service) in his specialty or length of civil service, the civil servant’s professional education and level of qualifications;
• when sending a civil servant for advanced training or professional retraining.

There is also the possibility of civil servants replacing the positions of temporarily absent civil servants (Part 3, Article 30 of Law No. 79-FZ). In this case, a fixed-term service contract is concluded with the civil servant who has been laid off (see.

The procedure for reducing civil servants

Job reduction

– termination of the service contract at the initiative of the employer’s representative.

Regulatory grounds for dismissal are enshrined in clause 8.2, part 1, art. 37 Federal Law No. 79 dated July 27, 2004. A civil servant can also be relieved of duty and dismissed from the civil service upon liquidation of a government agency (clause 8.3, part 1, article 37 of Federal Law No. 79). In both cases, the hired person loses his job not of his own free will, but by the decision of the employer.

Note. The procedure for admission and release from civil public service is regulated by Federal Law No. 79. If the employee subject to layoff belongs to the category of civil servant, relations with him are terminated precisely in the manner prescribed by Federal Law No. 79. For other employees, the general provisions of Art. 81 Labor Code of the Russian Federation.

The dismissal of a civil servant due to staff reduction is carried out in the manner established by Art. 31 Federal Law No. 79:

1. First, even if a position is eliminated or a government agency is abolished, the relationship with the employee is not necessarily terminated. A person may be offered an alternative in the same body, in a body that will take over the functions of the liquidated organization, or in another government agency.
2. Secondly, the transfer is carried out with the written consent of the employee. Education, qualifications and specialty are taken into account, as well as areas of training and experience.
3. Thirdly, the employer is obliged to notify the team of upcoming layoffs at least two months in advance.
4. Fourthly, during these two months the government agency may conduct an extraordinary certification. This is necessary in order to determine the professional level of the employee at the time of staff reduction. Certification must be organized in accordance with Art. 48 Federal Law No. 79.

And finally, if no suitable vacancies are found, the service contract with the employee is still terminated. Upon dismissal, a person is required to accrue appropriate payments and compensations, which differ from payments due to other categories of hired persons.

Calculation of compensation for unused vacation upon dismissal 2021

How are they calculated? The procedure for organizing vacations for officials differs from other persons due to the fact that the vacation of both is regulated by different legal documents. According to the established rules, the calculation of vacation pay for civil servants is carried out according to the following rules: Amount of vacation pay = salary/29.3 * number of vacation days.

Let's look at the calculation of vacation pay for a civil servant using the following example. Official leave is granted to an employee of a civil service institution in the period from 10/01/2016 to 10/14/2016, for 2 weeks.

Vacation pay must be paid before September 21, 2016 (10 days in advance). Cash allowance for the month amounted to 30,950.45 rubles.

This amount was made up of the following components:

• 6900 rub. – salary for the position;
• RUB 1,590.40 – salary for rank according to class;
• 696 rub. – 10% bonus for work experience;
• 8970 rub.