Every month an employee receives a salary, in common parlance this is called salary or pay. Upon dismissal, the employee is also entitled to his money for the month worked, which is called settlement money.
But here it becomes unclear how much is generally due, whether the full salary or some part of it should be paid. Does the employee even have the right to receive these paychecks or not? Also, what about dismissal? If an employee is fired, can he receive this salary? It is necessary to sort everything out in order.
To begin with, it is worth considering that settlement money is the money that is due to the employee during dismissal.
How are settlements calculated?
In accordance with Article 140 of the Labor Code of the Russian Federation, payroll is paid for each day worked for the last month. That is, you will not receive your full salary, unless you quit on the payday on which you should have received your salary anyway.
Everything is considered quite simple, we need to divide our salary by the number of days for the month worked and multiply by the number of days. Let's try to understand everything with an example.
Let's assume that you earned 30 thousand rubles a month. You received your salary on the 1st, and the date of dismissal is considered to be the 25th. We take 30 thousand rubles, divide by 30 days, we get 1 thousand rubles per day (we calculated how much we earn per day). Next, we take and multiply this by 25, since we worked that many days over the last month. As a result, it turns out that we are entitled to 25 thousand rubles.
Concept
Until recently, the concept was not mentioned anywhere. Now you can partially learn about it from the Housing Code of the Russian Federation. However, it only talks about the consequences of deteriorating living conditions. The definition comes from legal practice and the practice of Russian courts.
Intentional deterioration of housing conditions - circumstances or actions of the owner that resulted in a reduction in actual living space in order to obtain the status of someone in need of housing.
The main feature is the intention, intention and deliberate actions of a person .
Actions may also be unintentional, for example, if the spouses registered a child in their apartment. The difference with the deliberate worsening of conditions is that in the second case a person takes completely conscious actions. His goal is to qualify for a state subsidy, financial assistance for military personnel or social housing with a large area.
The deterioration of living conditions is always associated with a property - an apartment, a dorm room, a private house, social housing. The expectation that the residential premises will be declared unfit for habitation - in accordance with clause 4 of Art. 15 of the Housing Code of the Russian Federation, or the owner will “reduce” his accounting norm per person. In a word, he will cheat and register as one in need of improved living conditions. Although before this the conditions were acceptable.
What if the job requires an advance salary?
This issue causes confusion among many workers. How to calculate correctly if, for example, we were given an advance a few days ago, and we quit now. In fact, there is no difficulty here either, but you need to look at the employment contract. As a rule, the contract states that the employee has a certain salary, which is paid in the form of an advance and salary.
For example, the contract states that your salary is 60 thousand rubles. 20 thousand rubles are paid in advance on the 1st, and 40 thousand are paid on the 15th. Thus, it turns out that we still need to take our monthly salary, which is 60 thousand rubles. Let's assume that the date of dismissal is the 12th of the month. We take the monthly salary and again divide by the number of days. It turns out 60 divided by 30 days - it turns out that you earn 2 thousand rubles per day. We multiply 2 thousand by the number of days worked. We received our salary on the 15th of last month, it turns out that if we worked from the 15th of last month to the 12th of this month, it turns out that we worked 27 days. In 27 days, we are owed 54 thousand rubles. From 54 thousand we must subtract 20 thousand in advance, and it turns out that we are owed 34 thousand rubles.
You should be careful here; it often happens that both the employee and the employer are confused on this issue. Some employers do this on purpose, counting on the employee’s inattention. It happens that days begin to be counted from the 1st day of the month. For example, under the same conditions, it turns out that we worked 12 days, of which we earned 24 thousand rubles, and it turns out that we have already been given an advance of 20 thousand and the employer owes only 4 thousand rubles. On the one hand, this looks logical, but on the other hand, where did they disappear for 15 days of work?
Wages are always conceived as a month worked, that is, we worked for a month and received our salary. An advance is a payment that we received in advance before the work was completed. Of course, there are exceptions. For example, if you came to work and were not paid for the month you worked, but immediately began to be paid on a certain date, then the situation may be a little different, but as a rule, everything works this way.
It also often happens that the advance and wages are made in maximum proportion to the days worked. Sometimes it happens that your salary is 60 thousand rubles, you get 30 on the 1st, and you get 30 on the 15th. That is, the salary is ideally distributed over the days. But more often it doesn’t work out so smoothly, but, for example, you earn 60 thousand rubles a month, you receive 20 thousand rubles on the 1st, and you receive 40 thousand rubles on the 20th. That is, the salary is evenly distributed over the number of days.
Again, in this situation you shouldn’t get confused either; you need to count not by the beginning of the month, but by the end of it (although this is almost the same thing, many workers still get confused). If you quit, for example, on the 12th, then you should receive your salary in 22 days, not 12.
What is deterioration of living conditions and how is it determined?
- reduction of living space as a result of housing exchange;
- separation of personal accounts;
- registration of an additional person, for example, upon marriage or the birth of a child;
- eviction by court decision to a residential premises of a smaller area or less comfortable as a result of non-compliance
- residential rental agreements (non-payment of rent, violation of hostel rules, etc.);
- transfer, sale of residential premises or its share to other persons as a result of a transaction;
- change, determination or allocation of individual shares of residential premises to other persons;
- transfer of part of the housing to non-residential premises;
- refusal to use social housing.
If, as a result of one of the listed actions, a citizen turns to government agencies for help in improving housing conditions, then we can talk about deliberately worsening them
However, not everything is so simple. In this case, the birth of a child or registration of marriage can be considered a malicious deterioration of living conditions, which is very controversial.
The line between the plight of a family and deliberate acts that worsen living conditions is very thin. In addition, there are no specific regulatory documents that could clearly define it. Therefore, such controversial issues are most often resolved in court.
Deadlines for payment of wages
Here again it is worth paying attention to Article 140 of the Labor Code of the Russian Federation. The employee must be paid on the day of dismissal. In fact, payment should also be made on the same day, but here it is still worth considering that it happens that you need to make a calculation in the accounting department, since the decision on dismissal could come in the evening.
These are something like problems in organizational matters, so you shouldn’t pay so much attention to them, in any case, you will be paid your salary at least the next day. Of course, this story can also work in the opposite situation; it happens that the employer postpones this day without wanting to pay, then it will be worth doing something, we will talk about this below.
There are situations when you need to make your own calculations by submitting an application for settlement payments. In fact, the law allows for such a situation, since, for example, there was no talk about settlements. Thus, the employee can make a demand for settlement payments.
Unspent vacation
This is also a rather interesting point, since, firstly, it will bring you money, and secondly, it will help to sort out the situation in some way, since there is also a lot of confusion here.
So, first you need to decide how vacations are paid in general. Each employee is entitled to at least 28 days of vacation per year (there are bonuses under various conditions, but we will look at the general case, since everything starts from that).
It is clear that it is unlikely that it will happen that vacation time will come and the employee will just receive vacation pay for the whole year, so we need to calculate how much we are entitled to for the time worked.
To do this, again, you need to make simple calculations. We need to calculate how much we worked in a year to get vacation and calculate the number of days. This is done by dividing the number of days due by the number of months in the year and multiplying by the number of months worked.
Let's look at it with an example. Let's assume that we have worked 7 months since our last vacation. It turns out that we divide 28 by 12, which gives us 2.33 days per month. We multiply these 2.33 days by 7 months and get 16.3 days. Sometimes these calculations are made even more precisely - by day. Let's assume that we worked for 7 months and 12 days. That is, it turns out that we worked 225 days (assume that there were 4 months of 30 days and 3 months of 31 days during these 7 months). Thus, we divide 28 by 365 and get 0.076 - the number of vacation days per day worked. We multiply 0.076 by the previously calculated number of days worked (225) and get 17.1 days. We've won the whole day since last count.
How to calculate vacation pay?
So what do these days give us? Can we go on vacation with them, or can we get money? Upon dismissal, vacation pay essentially becomes the sum of the calculated amount, only they are calculated a little differently. If we calculated simple calculations based on the last month’s wages, then here we take the average annual income.
If we received an income of 30 thousand rubles per month all year, then it’s not difficult to calculate everything. We multiply 30 thousand rubles per month by the number of months in the year, that is, 12. Next, we divide this by the number of days in the year and multiply by the number of vacation days we are entitled to.
Let's look again at an example for greater clarity. Our salary is 30 thousand rubles per month. We multiply it by 12, we get 360 thousand rubles per year - this is our annual income. We divide our annual earnings by the number of days in the year - we get 980 rubles per day. This is how much we earn in one day. We multiply, for example, by the 16 days that we calculated from the first example about calculating vacation days. It turns out that we must be paid settlements for the deductions in the amount of 15,680 rubles.
Quite often, vacation is divided into 2 parts a year, 14 days, for example, in winter, and 14 days in summer. Calculating days here is also not tricky, you can take the total amount of days and subtract 14, or count the days since your last vacation. With the calculation of settlements, everything is also simple here.
A more interesting example concerns situations where wages have changed during the year, since this can significantly affect the amount received. For example, in recent years you have received 32 thousand rubles, and in the last 4 months you have earned 40 thousand rubles. So we need to look at how much we got on average. We take earnings for the last year, the last 8 months we received 32 thousand rubles, and the last 4 months 40 thousand rubles. We add up all these values, multiply 32 thousand rubles by 8 and 40 thousand rubles by 4 months, and then add it all up. It turns out that in a year we earned 416 thousand rubles. Next, the calculation is the same as before, divide everything by the number of days and multiply by the number of vacation days.
How to cheat on getting vacation pay?
This method applies not only to the vacation pay itself, but also to making it easier to receive pay, since there is no need to make additional calculations. We will still make these calculations to show what the trick is.
So, if your salary has changed throughout the year, then if we count the salary per day from the average annual salary, it will be less than we would have received simply for a vacation.
Let us clarify that you often have the opportunity to take a vacation, and at the end of the vacation you will quit. For example, the end date of your vacation is the 15th, and you quit on the 16th. Let's take a simple example, as if your vacation time has come, we have already discussed how to calculate this in such a case. You have all 28 days for vacation.
So, let's start the calculations. What if we just get paid vacation pay? Let's introduce variables. Let's assume that over the last year you had 6 months when you earned 50 thousand rubles, and the last 6 months when you earned 60 thousand rubles. We multiply 50 thousand rubles by 6, and 60 thousand rubles 60 and add them up. It turns out that in a year we earned 660 thousand rubles. We divide this by 365 and get 1808 rubles. Next, we multiply by our vacation days and it turns out that we should be paid 50,630 rubles.
A good amount, but now we can get more. How? We'll just take a vacation. Since we are taking vacation, we will be paid as for regular working days, which are counted according to the last month. So, we take our salary in the amount of 60 thousand rubles, divide it by 30 days, which were in a month, and multiply by 28. As a result, it turns out that we will be paid 56 thousand rubles. We won almost 5,500 rubles.
Here it is worth considering that we also gain experience; it happens that up to a certain number of years, just half a month or a month is missing, but with vacation we gain them.
Here we also take into account the disadvantages of this method - we will not be able to get a new job until we leave the old one. If we have not yet found a new place of work, then why not use this method, but if we already have a new place of work ready, then it is better to take the money and not waste time.
Ways to improve
They allow families who are ready to fight for a decent living to legally obtain their own housing.
They may be provided with official housing while they are serving and waiting to receive their own apartment, or they may be allocated funds to rent residential property.
| Getting your own home | in the order of priority (if he is registered as needing a change in living conditions) |
| Receiving a housing subsidy from the state | which should be used to pay off a mortgage loan, purchase a finished property, or individual construction |
| Obtaining a housing certificate | the use of which is aimed at purchasing your own home |
Separately, it is worth mentioning those citizens who own property in apartment buildings that are subject to demolition.
Registration
In order to be in the queue of those lucky ones who will get an apartment in the near future, you must first register.
| Statement | it must indicate the subject of the Russian Federation, the administrative-territorial entity and the chosen place of further residence |
| Copies and originals | passports of the serviceman and all members of his family |
| Birth certificates of children | under 14 years of age |
| Intelligence | about military service |
| Extracts from the service record | an extract from the house register for the last 5 years (if during this time the registration has changed several times, extracts are required from all house registers) |
After submitting the application and the package of necessary documents, you must wait 30 days.
The Housing Services Department under the Ministry of Defense of the Russian Federation is obliged to consider the case within one month from the date of filing the application and recognize or refuse recognition of those in need of improved housing conditions.
| Credibility and Authenticity | provided documents |
| Financial | applicant's condition |
| Does he have any property? | on the right of private ownership of real estate, and in what quantity |
| Has the applicant committed any illegal acts? | aimed at worsening the existing living conditions of him or his family |
After passing the test and recognizing the serviceman as needing housing, you will have to wait some time.
Usually, while waiting to receive their own real estate, military personnel are allocated official housing (apartment, dorm room, etc.) or funds are allocated for self-rental of an apartment or house they like in the private sector.
Preferential queue
| Living in emergency rooms | if your house is about to collapse, you are obliged to relocate and provide new housing in an emergency mode |
| Military personnel with severe forms of chronic diseases | if one of the family members is seriously ill, the state first allocates an apartment |
| Widows and family members of a deceased serviceman | with a service life of at least 10 years |
Sample report
The most important thing is to make it clear that you really are living in unbearable conditions and you really need to change them for the better.
| Place where you would like to live | This opportunity to choose is given to military personnel due to the fact that their work involves private travel and probably the place of current work is not the place where the serviceman and his family would like to live their whole lives. |
| A serviceman's decision to continue or end military service | in the report it is necessary to state that, for example, I want to continue to serve until I receive my own housing and during this time remain on the list of personnel, which will give me the opportunity to use official housing or vice versa |
What if we didn’t leave ourselves, but were fired?
Even if we were fired, we are still required to pay money for the days we worked. Of course, it is worth considering that if, for example, we were fired for absenteeism, then no one is obliged to pay for them.
For example, you worked for half a month, and then skipped a week, and after this week a dismissal order was signed. That is, you worked from the 1st to the 14th, skipped the rest of the days and the order was on the 21st. You must calculate the settlement in 14 days from the 1st to the 14th.
If you just got laid off, then, of course, you should be paid your salary for all the days you worked.
There are still some pitfalls. It happens that an employee with financial responsibility is also fired for some misconduct at work. For example, you are a seller of a store where you lost a delivery worth 30 thousand rubles. Your salary is 100 thousand rubles (the numbers are fictitious to make it easier to count and understand). Because you lost the supply you were fired. At the same time, you have worked 15 days from your last salary. Thus, having made the calculation by day, we get that in 15 days we should be paid 50 thousand rubles, but we have financial responsibility, so 50 minus 30 thousand rubles, it turns out that we should be paid 20 thousand rubles, and not 50.
Thus, for dismissal, of course, we should also be paid settlement, however, it is worth considering that there are some pitfalls that prevent us from receiving all or some part of our money.
It is also worth considering the terms of the employment contract, which may change this order, and in some jobs, in case of any dismissal due to the fault of the employee, the person does not receive money.
Consequences
What happens for the deliberate deterioration of living conditions is described in Art. 53 Housing Code of the Russian Federation. Frauds can be detected at any stage, from registration to provision of living space.
Expert opinion
Dmitry Nosikov
Lawyer. Specialization: family and housing law.
The main sanction is a ban on registering as someone in need of housing. The total time period will stretch for 5 years . During the five-year period, it will not be possible to obtain a certificate for the purchase of an apartment (see “Sample application for a housing subsidy”). After the period expires, the violator has the right to reapply and get on the waiting list for housing. An exception for military personnel - they are excluded from the Program for Improving Living Conditions.
The downside is that the queue for free housing from the state moves slowly. Even if you deliberately worsened your living conditions, you are unlikely to be moved closer. This means that you will have to live in such conditions until your turn comes.
Intentional change of living conditions can be qualified under criminal law - Art. 159 of the Criminal Code of the Russian Federation “Fraud”. A striking example is the fictitious divorce of spouses. If this fact is discovered, they may be charged with Article 2 of the said article “preliminary conspiracy”. This is punishable by a fine of 300 thousand rubles, 480 hours of correctional labor, arrest for 1 year or imprisonment for 5 years.
At the same time, all real estate transactions will be cancelled. The 5-year period for waiting for the next chance to get on the list for housing will begin.
