Kirovchan explained the procedure for issuing documents and payments for remote dismissal
Now the practice is widespread, in which the actual place of work of the employee and the head office of the company with the personnel service and accounting are in different cities
Often, non-resident management requires the resigning specialist to personally come to the central office for documents, and the final financial calculation is postponed to a later date.
The legality of such actions and the procedure for termination of labor contracts was explained by the head of the State Labor Inspectorate in the Kirov region, Alexander Berdinsky.
He stressed that in accordance with Articles 84.1 and 140 of the Labor Code of the Russian Federation, the issuance of documents and the full calculation should take place strictly on the day of dismissal.
The presence of a legal entity in another region does not cancel the established norms: if a person works in Kirov, he must issue a work book directly at the place of work, and it is forbidden to force him to travel to another city.
In a situation where the employee did not appear at the workplace on the last day or refused to collect documents, the employer is obliged to send him an official notification.
In the document, the citizen is asked to appear for the work book in person or give written consent to its postal delivery.
The Minister drew attention to the fact that the date of sending this notification removes from the company responsibility for the delay. The sending of documents by mail is allowed only in the presence of a written application of the employee and strictly to the address indicated by him.
Non-cash money transfer should also be carried out on the day of dismissal, regardless of where the employee is located.
If the payment is made in cash, and the employee was absent, the money must be paid no later than the next day after the presentation of the relevant claim.
Alexander Berdinsky reminded that the terms of payments cannot be postponed even by mutual agreement of the parties, and any delay entails the accrual of monetary compensation under Article 236 of the Labor Code of the Russian Federation.
Employers should pay special attention to situations where the date of termination of the contract falls on the day off of the personnel service or accounting.
This task can be solved in two legal ways: to arrange in advance the involvement of the necessary specialists to work on the weekend with their written consent and the provision of all guarantees, or to agree with the dismissed transfer of the date of termination of the contract to the working day of the company.
According to the inspection specialists, employers with geographically remote personnel services often commit 3 violations: postpone the issuance of documents and payments, send a work record without the consent of the owner and forget to send a notice on time about the need to collect documents.
Such violations threaten management with serious sanctions. In addition to compensation for delay in payments, the company will be obliged to reimburse the employee average earnings for the entire period of untimely issuance of a work book under Article 234 of the Labor Code of the Russian Federation, as well as pay an administrative fine under Part 6 of Article 5.27 of the Administrative Code of the Russian Federation.
