Compensation payments after the official termination of the worker's activity in this company are of great interest to him. Many employers unreasonably refuse to pay compensation after the employee leaves. To understand what an employee is entitled to when dismissing them on their own or in other circumstances, you need to carefully study the issue. The employee must understand the legal standards and internal rules of office management adopted in the organization in order to claim the due payments.
Is a bonus paid to a laid-off employee
The legislation does not directly stipulate the mandatory payment of bonuses after the dismissal of an employee. Numerous conditions are required to receive money. Many employers voluntarily interpret the lack of direct instructions from the state regarding the obligation to pay bonuses to laid-off workers and deprive them of compensatory additional assessments. An employee who did not violate the internal routine can count on the payment of subsidies after dismissal. Money must be accrued in full.
The payment of the annual bonus after the dismissal of an employee may occur immediately after the issuance of compensation payments for unused vacation, while the estimated amount changes upwards. Accounting company must proportionally recalculate compensation payments, adding to the employee the amount due. In order to qualify for an additional payment, you need to know how the procedure for paying premiums after the dismissal of an employee is prescribed in the organization’s internal regulatory documents.
Award accrual should occur in accordance with Art. 129 of the Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation) stipulating which payments relate to the payroll fund (hereinafter - the payroll fund). This norm contains explanations regarding the fact that if a person is dismissed, this should not discriminate against him and deprive him of the due compensation accrued for the period of employment at the enterprise. Accruals are generally taxed by personal income tax as income of a citizen.
Since the premium relates to the payroll fund, it is taxed by the Pension Fund of the Russian Federation (hereinafter - the RF PF), the Mandatory Health Insurance Fund (MHIF), and the Social Insurance Fund (FSS). This provision is specified separately by letter of the Ministry of Labor of the Russian Federation dated September 2, 2013 No. 17-3 / 1450. If the accounting department was mistaken in calculating the premium after the dismissal of the employee in relation to the increase in subsidies, then the profit remains with the worker in accordance with the provisions of Art. 1109 of the Civil Code of the Russian Federation "Unjust enrichment, non-refundable."
Refusal of the employer from the established bonus payments to the employee is fraught with responsibility in accordance with the provisions of parts 1-2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses of the Russian Federation) "Violation of labor laws and other regulatory legal acts containing labor law standards". According to Article 392 of the Labor Code of the Russian Federation, “Duration of going to court to resolve an individual labor dispute,” an employee can appeal to the courts after three months of delay in the due subsidy.
Employer internal regulations
The income of a working person consists of numerous payments. These include wages, bonuses, other incentive additional charges, compensation. The payment procedure should be established by internal regulatory administrative documents. According to Art. 135 of the Labor Code of the Russian Federation "Payroll", such acts include the following documents:
- collective agreement with company employees;
- internal regulations or orders on remuneration;
- normative acts (orders, orders) on incentive payments;
- an agreement, or an employment contract with a specific employee, where the rules and conditions for calculating incentive subsidies are established.
These documents stipulate the conditions for the payment of bonuses upon dismissal of an employee. If the collective agreement or the labor agreement stipulates that the employee cannot apply for stimulating subsidies after the official termination of work, then you should not rely on them. Before signing such documentation, it is imperative to carefully read all the clauses of the contract or the provisions of regulatory internal acts in order to subsequently have a legal right to payment of premium deductions after dismissal.
Mandatory conditions for accruing bonuses to employees after dismissal
The fact of dismissal does not deprive the worker of the required remuneration, even if the accrual and issue of funds occurred after the person actually left work. The legislation provides for the following conditions for payment of premiums after a person leaves the company:
- The fact of the employee’s work during the bonus period.
- Compliance with the terms of the collective and personal labor agreement, the absence of penalties for violation of labor discipline, the performance of official duties, the availability of information on achievements, merits, according to which incentive payments are accrued.
- The absence of conditions in the collective agreement and the contract separately stipulating that accrual of bonus to the dismissed employee does not occur.
Many arbitration courts, in addition to the above conditions, take into account the fact of voluntary accrual of bonuses dedicated to memorable, festive dates. If such events took place in the company, were stipulated by the standards of internal office work, then you can count on the payment of bonuses after the termination of work. Courts often take the side of employees in asserting their legal rights.
Features of accrual of annual bonus
The standard practice for annual incentive payments is such that retiring employees rarely manage to collect the remuneration due. If the subsidy is paid based on the results of the activities of a particular contractor, taking into account the fulfillment of certain requirements of the head of the company, then when receiving compensation after dismissal, all conditions stipulated by the local regulatory documents of the company will be taken into account.
This type of bonus is accrued for the full calendar year. When calculating the final compensation, the accountant must take into account many factors - the dismissal of the worker at his own request or by agreement of the parties, the actual time worked, the length of service of the citizen. To check the correctness of accruals, the employee must understand the mechanism for the formation of premium subsidies.
Upon dismissal at will
The annual remuneration should be accrued regardless of the termination of activity at the enterprise, if a person worked properly, did not have penalties and complaints officially recorded in the company's internal documents. Incentive payments are calculated based on the results of the organization’s activities in the new billing period. If the management of the company, without good reason and reason, deprives the resigned employee of legal incentives, then this is an occasion to apply to the arbitration after three months from the date of receipt of the amount due.
Upon dismissal by agreement of the parties
This option of termination of employment implies a settlement between the retiring employee and the management of the organization. A written document should be drawn up, including the procedure for payment of all amounts due - wages, incentive benefits, compensation payments. If an employee resigns before the issuance of the order on the issuance of annual incentives, this situation should be reflected in the formal agreement. It is necessary to indicate the procedure for receiving bonuses after dismissal, to stipulate the amount of the issued amount.
If an employee goes on a well-deserved rest, and the company stipulates the payment of annual incentives in internal standards, then the pensioner can receive the amount due. When issuing finances, it should be borne in mind that the payments that form the payroll tax are levied on the budget. If money is considered to be material assistance to a retiring employee, then no taxation on “salary” taxes should be made. This rule applies for amounts up to 4 tons. If the amount of help is higher, then you will have to accrue personal income tax and contributions to the funds.
Calculation and issuance of bonuses after dismissal
After the issuance of the work book and settlement, you can get additional compensation. If a subordinate counts on bonuses after completion of activities at the enterprise, then you need to know that the calculation and issuance of incentive additional assessments are made in a certain sequence. The algorithm for calculating and receiving funds is as follows:
- Issue of an order of form T-11 or T-11a or other regulatory act on the organization of the appointment of remuneration to this person.
- Accrual of bookkeeping in cash. The amount of incentive subsidies depends on the period for which compensation is accrued - year, quarter, month.
- Payment of the money. There are two options for obtaining finance - at the time of dismissal, along with compensation for unused vacation or fractional, after receiving settlement. In the latter case, the employee receives the funds separately. Accounting should add the compensation received to the average salary of the dismissed person and recalculate for unused vacation upward.
Additional accrual of benefits is carried out after familiarizing the employee against signature with the relevant regulatory act. If the dismissed employee does not agree with the amount of compensation deductions, then a written application must be submitted to the enterprise management indicating the reason and nature of the claims, justify the fact of the receipt of incentive subsidies. You can send a request through the mail by ordering a notice of delivery to the addressee.
How to take into account the bonus amount when recalculating compensation for unused vacation
If the worker needs to give bonuses after receiving the settlement, then the reimbursement of the amount of compensation. For example, an employee quit on February 15, 2018, unspent leave, according to the report card, accumulated 30 days, and the salary was 30 thousand rubles. per month. The accountant, making the calculation of compensation, acts as follows:
- 30,000 x 12 = 360,000 rubles (annual amount of earnings);
- 360 000: 12: 29.3 = 1024 p. (average daily salary);
- 1024 x 30 = 30 720 p. (compensation for unused vacation time).
The resigned citizen was accrued an annual remuneration of 20 thousand rubles. Accounting adjustments compensatory surcharges as follows:
- 360,000 + 20,000 = 380,000 p. (total annual income with premium payments);
- 380 000: 12: 29.3 = 1081 p. (amount of earnings per day);
- 1081 x 30 = 32,430 p. (recalculated compensation);
- 32 430 - 30 720 = 1 710 (the amount that must be paid in addition to the estimated taking into account the issued incentives at the time of dismissal).
The procedure for registration at the enterprise
For financial statements, the amount of bonuses issued to the employee will be related to the payroll expenses. It is necessary to rely on correspondence of accounts on the order on calculating incentive payments. This document should stipulate for what period the money is given to the laid-off employee. In accounting, the amount of incentive subsidies will refer to account 76: Dt 20 - Kt 76. Personal income tax is carried out as follows: Dt 76 - Kt 68. Contributions to funds are recorded on account 69: Dt 20 - Kt 69. The final amount is paid out on account 51 or 50: Dt 76 - Ct 50 (51).
In which cases the employer may refuse to issue cash incentives
Payment of bonuses after the dismissal of an employee is optional. Management may not go towards the employee and refuse to issue incentives. The court will be on the side of the employer in the following circumstances:
- a clause in a labor agreement, collective agreement, instructions, other internal regulatory enactments of the enterprise relating to the limitation of the accrual of bonuses to the dismissed employee;
- the presence of officially recorded disciplinary sanctions, fines, violations of labor, production discipline for workers for the period of work related to the calculation of bonus payments;
- failure to fulfill the scope of work, according to which incentive subsidies are paid;
- malicious violation of the terms of the contract by subordinates, its disqualification;
- the remuneration is timed to coincide with the festive dates that occurred after the official dismissal of a citizen;
- the plaintiff does not have documents confirming the fact of work in this company.
What to do if the refusal is unreasonable
If the worker is interested in receiving additional incentive subsidies, and the organization’s management ignores his wishes, then it is possible to assign to the employer the obligation to charge additional remuneration, to fix the infliction of material and moral damage. Lawyers recommend acting as follows:
- send the director of the company a written request for payment of funds;
- if there is no response from the employer to the application or a negative reaction, apply successively to the organization’s union, the Labor Dispute Commission or the State Labor Inspectorate;
- if the parties do not come to a compromise, then contact the local branch of the Arbitration Court, enclosing documents explaining that the plaintiff has the right to demand money, and the company's management does not want to voluntarily solve the problem.
A laid-off employee will have to collect all the documentation that clearly indicates that the non-payment or understatement of the premium is illegal. In most cases, the courts in the proceedings take the side of the plaintiff. Illegal depremization, arbitrary reduction of remuneration is considered discrimination. The company is forced to pay cash to a laid-off employee.
For example, the St. Petersburg City Court, in its appeal ruling of January 19, 2016 No. 33-1182 / 2016 regarding case No. 2-2358 / 2015, indicated that the deprivation of the dismissed person incentive subsidies on the basis that the order of encouragement was issued after termination employee activity, wrong. A similar decision was made by the Savelovsky court of Moscow on 01.04.2011 regarding case No. 33-24582 with the recognition of the establishment of internal rules restricting the receipt of bonuses by dismissed citizens as unlawful.
Arbitration instances take the side of the resigned citizen when the employer considers that there has been an overstatement of surcharges to the resigned. A significant precedent is the decision of the Leninsky District Court of the city of Orsk, Orenburg Region dated 10/05/2010 regarding case No. 2-2094 / 2010 on a premium issued twice after fixing the fact of a citizen’s dismissal. The arbitration tribunal considered that this accounting error relates to arithmetic rather than counting, so the dismissed person is not obliged to return the amount paid to the employer.
Bonus taxation after the dismissal of an employee
If the stimulating co-payment was carried out not as material assistance, but as a bonus, then it relates to the employee's income. Bookkeeping is obliged to assign funds to the payroll, making the calculation of personal income tax, contributions to the PF of the Russian Federation, the Social Insurance Fund, the MHIF. This provision is fixed by legislative standards.The amount of contributions depends on whether or not the tax base for the billing period is exceeded. Bonuses are subject to the following charges:
- Personal income tax - 13% if the recipient is a resident of the Russian Federation. If finances are issued to a foreign citizen, then the tax rate is 30%.
- In the RF PF - 22%. If the base is exceeded to a value of 1,021 thousand rubles, the rate is reduced to 10%.
- For social insurance - 2.9%.
- For compulsory medical insurance - 5.1%.