A mandatory procedure that comprehensively covers the entire staff of a legal entity, but is implemented in relation to each employee individually. The dismissal process is regulated mainly labor law and internal acts of the organization that determine the procedure for interaction between the employer and employees.

Despite the fact that dismissal during the liquidation of an organization is, in fact, a formality, you need to be extremely careful about the procedure, clearly follow the entire procedure and fulfill the mandatory requirements. This will guarantee the absence of conflict situations and negative aspects associated with the possible application of penalties due to non-compliance or incomplete compliance with labor law. Supervisory state bodies are extremely demanding on inspections in connection with violations of the procedure for dismissing employees, regardless of the grounds.

The liquidation of large and city-forming organizations is fraught with a sharp increase in the number of unemployed citizens. The termination of the activities of such legal entities will be held under strict control. But even small enterprises in the event of conflicts with employees will certainly attract the attention of regulatory authorities. And today people know how to complain if there is the slightest reason, despite the fact that dismissal is a serious reason for this.

How should a dismissal occur in connection with the liquidation of an organization

The liquidation of an organization is a direct basis for the dismissal of employees at the initiative of the employer (clause 1, part 1, article 81 of the Labor Code of the Russian Federation). The norm applies unconditionally - restrictions on dismissal certain categories employees (pregnant women on maternity leave) and related circumstances (vacation, sick leave, other vacancies) do not apply. It is not required to obtain the consent of the employee, as well as special coordination of the issue with the trade union organization.

The procedure for dismissal during the liquidation of an organization: step by step instructions

The procedure for dismissal in connection with the termination of the employer's activities includes the following steps:

1. The adoption by the authorized body of the legal entity of a decision on the voluntary liquidation of the organization or the issuance of a court decision on the forced liquidation.
2. Appointment of a liquidator or creation of a liquidation commission.
3. Preparation of a liquidation plan - not compulsory procedure, but is widely practiced to simplify and speed up the passage of all liquidation measures. The plan traditionally includes a clause on the dismissal of employees of the organization and settlements.
4. Preparation of a dismissal plan - for cases where there are a lot of employees, dismissal is planned gradually, when it is necessary to postpone the dismissal of some employees (manager, accountant, members of the liquidation commission, etc.). The dismissal may take place in one day, but usually some employees need to be left for a longer period of time. In this case:

• everyone is notified of the dismissal at once, but with the expectation that the organization can be liquidated quickly enough;
• some employees are notified later, but in such a way as to comply with the deadlines and procedures for carrying out all procedures;
• everyone is planned to be fired in one day, but civil contracts are concluded with the necessary employees after the dismissal until the completion of liquidation measures (it is advisable to agree on the issue in advance and enlist the readiness for such a relationship).

1. In accordance with the legislation on trade union organizations, the liquidation of a legal entity requires notification of the trade union and negotiations with it regarding the rights and interests of members of the trade union organization. The notice must be sent at least 3 months before the upcoming liquidation of the legal entity. Often the holding of these events is a mere formality, since the union cannot somehow block the termination of the organization's activities or prohibit dismissal. Usually, all issues boil down to the need to comply with the procedure for dismissing employees and making all payments due to them in full.
2. Preparing and sending each employee a notice of impending dismissal due to liquidation. In this case, they are guided by the decision to terminate activities and paragraph 1 of part 1 of Art. 81, part 2 of Art. 180 of the Labor Code of the Russian Federation. The deadlines for sending notifications are not strictly regulated, but it is imperative to observe at least a 2-month interval between notification and dismissal. The mailing or delivery of notifications is carried out in such a way that the employer, if necessary, can confirm the fact that the employee has received the information. Usually, notifications are handed out against signature - the most effective method confirmation of the fulfillment of the obligation.
3. Simultaneously with sending notifications to employees or a little later, but no later than 2 months before the date of dismissal, a written notification is prepared and sent to the territorial division of the employment service (Rostrud). In accordance with the Letter of Rostrud dated September 26, 2016 N TZ / 5624-6-1, the notification can be prepared in free form, but usually the form (Appendix 2) approved by Government Decree dated February 5, 1993 N 99 in the current edition is taken as the basis, accompanying it with written information. All details should be clarified in your territorial division of Rostrud.
4. Employees who have expressed a desire to terminate the employment contract before the expiration of 2- month term from the time of notification. The wish or consent must be expressed in writing - an appropriate statement is sufficient. Such dismissal is the right of the employer, but it is realized only with the consent of the employee. On the other hand, if the employee himself wants to quit, and the employer is against it, then dismissal under clause 1, part 1, article 81 of the Labor Code is impossible. In this case, you can choose and agree on other grounds for dismissal. As a rule, either the agreement of the parties or their own desire appears. Such grounds are beneficial to the organization, but not beneficial to the employee - he loses money. Therefore, the issue should be approached with the utmost care in order to protect the interests of the employer, but at the same time not create conflict situation and not risk the possibility of appealing the dismissal. When agreeing on the issue of dismissal in connection with the liquidation before the expiration of the 2-month period, the termination of the employment contract is carried out in the usual manner. Additional condition the employer must pay the employee monetary compensation, which is calculated based on his average earnings in proportion to the time remaining until the end of the 2-month period between the notice and the date of the upcoming dismissal. Compensation is paid in addition to other payments due to the employee. If an employee wants to quit on his own own initiative, the organization saves on payments, and the employee, accordingly, loses money, so in this case it is worth considering a compromise solution in advance.
5. After a 2-month period from the date of notification, a single dismissal order is issued for all employees or separate orders (form T-8) - in accordance with the layoff schedule. With the order, each employee whom he concerns, gets acquainted personally, against signature. If it is impossible to bring the content of the order to the attention of the employee, as well as in cases where the employee refuses to get acquainted with the order and (or) put his signature, the requirement may not be observed, but it is necessary to make a note (record) directly in the order about the reasons and the fact itself.
6. Dismissals are documented by a personnel officer (personnel department) in accordance with the internal regulations of the organization and the Labor Code of the Russian Federation. The main documents are an order, a note-calculation, a duly executed personal card of the employee (T-2 form) and a work book with a record of dismissal.
7. Employees receive a financial calculation and documents related to the dismissal. On the day of dismissal, a work book with a record of dismissal is necessarily issued, other documents - at the written request of the employee. Such documents include any related to the employee's work in the organization. In order to avoid problems with handing the work book to the employee (does not want to appear, pick up documents, sign for its receipt, etc.), the employee is sent a written notification about the date and place of receipt of the document or about the need to give consent to send the work book by mail. With such a notice, the employer insures himself against a controversial situation - he is considered to have fulfilled his obligation. In accordance with the law, work books not received (not claimed) by employees are stored in the organization for at least 75 years. Taking into account the liquidation process, the documents must be handed over by territoriality to the archive (state or municipal) upon completion of the activities.
8. If an employee plans to register as unemployed, he will need documents that the employer is obliged to hand over. Apart from personnel documents, you need a certificate of the average monthly salary for the last 3 months. The certificate is prepared and issued at the request of the employee within 3 days from the date of submission of the written application.
9. Preparation and submission to the military registration and enlistment office of information on the dismissal of employees subject to military registration (only if there are such employees). Information is sent to the territorial military registration and enlistment office and (or) to local authorities self-government - depending on the locally established order and practice (to be specified). The obligation must be fulfilled within 2 weeks from the date of dismissal. The notification form can be obtained from the authority where the information is provided (Appendix 9k methodological recommendations of the General Staff of the Armed Forces of the Russian Federation for maintaining military records in organizations).
10. If there are employees in the organization who are subject to enforcement documents, information about their dismissal must be sent to the territorial division of the FSSP, where enforcement proceedings are conducted. Executive documents are subject to return. There are no specific deadlines for reporting to the FSSP, but this must be done immediately in order to avoid liability (up to 100 thousand rubles in fine) for violation of the procedure for fulfilling duties in the framework of enforcement proceedings.

In general, you need:

• send information to the FSSP division and attach an executive document;
• send information (notice) to the recipient of alimony, if the executive document concerns maintenance obligations;
• make a note on the deductions made in the returned executive document ( overall size requirements, amounts withheld before dismissal, dates of transfers, payment documents, balance of debt) and certify the records with the seal of the organization.

Financial settlements with employees

Payments to employees upon liquidation of an enterprise is a special topic for consideration. It provides for a special procedure for accrual and settlements, as well as several types of payments - basic and additional.

Basic calculations- all that is due to the employee, regardless of the dismissal and its grounds. This includes wages and other payments related to the performance of labor duties and compensation provided for by law (bonuses, sick leave, maternity leave, business trips, etc.). Payable and compensation for unused vacation, calculated according to the number of days.

Additional calculations- compensation payments due to the employee precisely in connection with his dismissal on the basis of the liquidation of the employer organization. They are accrued and paid in excess of the principal amounts. These include:

1. severance pay- average salary (paid by the employer immediately upon dismissal).
2. If employment is impossible - payment in the amount of the average salary for the next two months after dismissal. The payment is made with a severance pay offset, so in the end another same amount should be added to the severance pay. Provided that the employee is registered with the employment center within 2 weeks from the moment of dismissal, monthly earnings can be saved for another month (up to three in total) - the decision is made by the employment center. In this case, the employee will receive a total of 3 average monthly salaries (allowance + 2 average monthly salaries).

Payments are made by the employer and at his expense. To save wages, it is necessary that the employee submits to the organization an application for payments due to him and documents indicating the absence of work (employment). Upon liquidation of legal entities, payments in connection with dismissal are usually made immediately in full (2 salaries) in order to avoid problems in the future. It can be problematic to get a third salary - the organization may already be liquidated by this moment. The employment center must take into account the circumstances when making a decision.

• severance pay for seasonal workers is the amount of 2 weeks of average salary;
• for those working in the Far North, retained earnings can cover 4-6 months, and the requirement for contacting the employment center is not 2 weeks, but a month.

The liquidation of an organization may turn out to be a fairly short-term process, and not all obligations to employees will be repaid. Often there are problems with obtaining sick leave, payments and compensations related to pregnancy and childbirth, as well as other social benefits.

Among options when the legal entity has already been excluded from the Unified State Register of Legal Entities and has actually ceased to exist:

1. Filing a claim against the Federal Tax Service Inspectorate and making a demand to cancel the liquidation registration.
2. Filing a claim for repayment of debt to the liquidator.
3. Filing a claim against persons bearing subsidiary (joint and several) liability for the debts of the organization.
4. With regard to social benefits, the grounds for which appeared within a short period after the dismissal (maternity leave, decree, sick leave, etc.), they can be received through state bodies within the framework of the social insurance system.

IN judicial order, of course, you can try to cancel the liquidation, but if the organization no longer exists, there are no assets, documentation, and other things, it is ineffective to make any claims against it. The only thing that can be done is to try to hold the owners and management accountable.

Dismissal in connection with the liquidation of the enterprise is stress for employees due to loss of earnings. The legislator provided for them some guarantees and compensations. Meanwhile, unreliable employers, taking advantage of the legal illiteracy of employees, cover up other types of reforming the company's activities with liquidation and force them to quit their jobs. own will. We will talk about all aspects of the dismissal associated with the liquidation of the enterprise in this article.

What is liquidation of an organization

The liquidation of an organization is a complex and rather lengthy procedure, ultimate goal which should be an appeal to tax service with the necessary package of documents and the exclusion of the enterprise from the unified state register of existing legal entities or individual entrepreneurs.

The liquidation of the company is carried out voluntarily by the decision of the founders of the legal entity (IE) or forcibly by a court decision.

In case of voluntary liquidation of an enterprise, a brief scheme of events looks like this:

It becomes clear that after the completion of all stages of liquidation, the enterprise ceases to exist and it has no successors. However, quite often employers disguise other forms of reorganization of activities as liquidation in order to profitably get rid of objectionable employees.

The difference between the liquidation procedure and other forms of company reorganization

You can often hear from working citizens: “Our store (office, base) is being liquidated because the owner sold it (changed its name, address, director). And we were asked to write a letter of resignation of our own free will.

Note! Dismissal of one's own free will is possible only at the request of the employee, and not because of some external circumstances and someone's requests. And in this case the employer simply does not want to pay upon dismissal of his employees.

The liquidation of an enterprise should be distinguished from such changes in the operation of the organization, such as:

• change of the owner of the company or management;
• change of name, address, location;
• reorganization of an enterprise by joining another legal entity or merging two legal entities.

If the owner of the organization changes, for ordinary workers, in most cases, this does not entail any changes. The cashier or the seller, in general, does not care who is listed as the founder of their LLC. If the new owner decides to change the organization's management and staff, he can carry out a staff reduction procedure, paying the employees all the due amounts, or dismiss the employees by agreement of the parties, also agreeing on the amount of compensation. Changing the name, address or location of the enterprise will not affect the work of the team at all, except for a possible change in the route to work.

In the event of a reorganization, when an organization merges or merges into another, it is obvious that some of the staff becomes redundant, since there is no need for 2 directors, 2 personnel officers, etc. However, this does not mean that the extra people should quit themselves. In this case, the dismissal is also carried out as part of the downsizing procedure or by agreement of the parties with the payment of a severance pay.

The procedure for the dismissal of employees during the liquidation of the organization

Dismissal upon liquidation of an enterprise is subject to the algorithm of actions that are prescribed in the Labor Code of the Russian Federation and the law of the Russian Federation "On Employment in the Russian Federation" dated April 19, 2001 No. 1032-1. In accordance with these laws dismissal due to company liquidation takes place in 5 stages:

The Labor Code of the Russian Federation provides for employees the opportunity to terminate an employment contract earlier than 2 months before mass layoffs employees. Consent to early dismissal on the part of the employee must be in writing, and the enterprise is obliged to compensate him average earnings for the remaining days before the planned dismissal.

Dismissal in connection with the liquidation of the enterprise dedicated to paragraph 1 of Art. 81 of the Labor Code of the Russian Federation. It is this norm that should be recorded in the work book as a basis for terminating the employment contract. However, at the request of employees, another reason may be indicated as the basis for terminating the employment contract:

• transfer to another place of work (clause 5, article 77 of the Labor Code of the Russian Federation);
• the worker's own desire (clause 3, article 77 and article 80 of the Labor Code of the Russian Federation);
• an agreement between an employee and an employer (clause 1, article 77 and article 78 of the Labor Code of the Russian Federation).

In these cases, the enterprise saves on payments to the employee provided for upon dismissal in connection with the liquidation.

Severance pay upon dismissal in connection with the liquidation of the organization

The amount of the allowance, designed to compensate for the loss of work, is established in Art. 178 of the Labor Code of the Russian Federation. When leaving due to the termination of the organization, the employee must receive:

• 1 average monthly salary when calculating;
• 1 average monthly salary for the period of employment for 2 months

In exceptional cases, by decision of the employment service, a citizen can receive another 1 average salary if he is not employed within 3 months (provided that the employee is registered with the labor exchange within 2 weeks after the dismissal).

As a rule, 2 average salaries are paid to employees at the enterprise immediately upon dismissal, but in order to receive the 3rd payment, you need to contact the employment service.

In addition to the dismissal benefit in connection with the liquidation, each employee must receive the usual payments upon termination of the employment contract:

• salary for hours worked;
• compensation for unused vacation days;
• other payments that may be provided for by the internal documents of the organization, for example, a collective agreement.

Payments upon liquidation of the enterprise to maternity leave and sick leave

After the company ceases operations, the most questions arise for those who are preparing to go on maternity leave, are on parental leave, or fall ill after being fired. Meanwhile, the state provides certain provision for these most vulnerable categories of citizens.

In pp. 3 and 4 art. 13 of the Federal Law "On Compulsory Social Insurance ..." dated December 29, 2006 No. 255-FZ, it is reported that if former employee of the liquidated enterprise fell ill within a month after the dismissal, the sick leave payment is made by the Social Insurance Fund, where you need to apply with documents within 6 months (but it’s better not to delay!). The same rules apply to expectant mothers who go on sick leave for pregnancy and childbirth.

As for employees dismissed during a decree or parental leave, after dismissal, they need to contact the social security authority at their place of residence. In social security, you need to submit a certificate of salary for the past 12 months. On the basis of these documents, a monthly allowance of 40% of average earnings will be calculated and paid, and not the minimum, as for the unemployed.

Important! Child care allowance will be paid only to those who are not registered with the employment service and, accordingly, do not receive unemployment benefits.

It should be borne in mind that receiving benefits for disability, pregnancy and childbirth and child care through state organizations does not exclude and does not affect the receipt by employees of dismissal payments in connection with the liquidation of the enterprise.

Last updated March 2019

Upon liquidation of an organization, all employees are subject to dismissal, while employees can count on the payment of labor benefits, regardless of whether forced or voluntary liquidation. In the article, we will talk in detail about the procedure for dismissal during liquidation, describe the mechanism for notifying employees, and also consider the features labor payments.

Dismissal of employees during liquidation: main stages

The dismissal of employees of a liquidated enterprise is one of the main conditions necessary for the termination of its activities. This process, without fail, which provides for the transfer of labor payments, must be completed before an entry is made in the Unified State Register on the liquidation of the organization, that is, before the organization ceases to exist.

At the same time, absolutely all employees are fired without exception, including pregnant women, maternity workers and mothers of minor children. The law also allows the dismissal of employees who are on vacation or on sick leave.

The dismissal procedure, which is supervised by a specially created liquidation commission, consists of several stages. Here are the main ones:

• Providing information on the planned dismissal of employees to the social employment service.
• Mandatory notification of all employees of the enterprise with which labor contracts are concluded.
• Drafting, signing and issuing an order on the dismissal of employees.
• Determination of the amounts of payments to employees due to them in connection with the liquidation, as well as their subsequent transfer.
• Issuance of issued work books to all dismissed employees.

Each stage of the procedure for dismissal of an employee in connection with the liquidation of the organization is strictly regulated and is under control government agencies and a special commission.

The liquidation process is the same for both an individual entrepreneur and an organization, including its branches and representative offices.

Dismissal process: instruction

Employment Notification Procedure

The first stage of the dismissal procedure is the provision of information about the liquidation and the planned dismissal of employees to the social employment service. Informing the service is carried out by providing a written request:

• Applications are drawn up and signed by the head of the liquidation commission and sent to the social service authorities 2 months before the dismissal of the first employee.
• If layoffs are massive, then the service should receive 3 months' notice.

Such a notice shall contain information about the registration data of the company (name, address, TIN, PSRN, etc.), what is the basis for the liquidation of the legal entity, data on the dismissed persons (name, position, salary, etc.).

In addition to the employment center, the organization notifies its employees (of the date of dismissal), the tax office (of the launch of the procedure), creditors (of the possibility of making property claims).

How to notify employees

Notifying employees is the most painstaking stage of the dismissal procedure. This is due to the fact that in the event of liquidation, employees belonging to socially protected strata (disabled, etc.) and legally protected under other conditions (pregnant women, maternity workers) are subject to dismissal.

The term for notifying employees is similar to the terms for informing the social service, namely no later than 2 months before the dismissal of the first employee. However, there are, depending on the specifics of labor relations, other special terms:

mass dismissal, that is, from 15 or more people	for 3 months
seasonal (shift) workers	in 7 days
working on a fixed-term contract up to 2 months	in 3 days
category of employee / situation in the organization	notice period

The form of informing must be in writing, which will allow in the future to avoid possible claims from both the employee and the enterprise.

Dismissal of one's own free will during the liquidation of the company should not be at the request, insistence of the management, personnel department or outside pressure, but solely at the request of the employee. As a rule, such requests from management are received in order to reduce costs (payments upon dismissal in connection with liquidation), which is extremely unprofitable for the employee.

Dismissal in connection with the liquidation of the enterprise, paragraph 1 of Art. 81 of the Labor Code of the Russian Federation This is exactly how the wording should be work book. When an employer wants to save on payments, he offers the employee the following reasons for dismissal, which the employee can accept only at his own free will:

• an agreement between an employee and an employer (clause 1, article 77 and article 78 of the Labor Code of the Russian Federation).
• transfer to another organization (clause 5, article 77 of the Labor Code of the Russian Federation);
• at their own request (clause 3, article 77 and article 80 of the Labor Code of the Russian Federation);

Informing employees through the union

The process of informing employees can be carried out both through the trade union organization (if there is one at the enterprise), or directly. It should be noted that if the employer has previously informed the trade union, this gives the employee an additional guarantee of control over the observance of his rights upon dismissal. It means that in this case the trade union will give the employee all the necessary explanations and consultations regarding the dismissal procedure, as well as take care of the terms of dismissal, completeness and timeliness of payments.

Informing employees against signature or by mail

Modern practice shows that in the event of liquidation, notification of employees is carried out in a targeted manner, that is, a written notice is given to each employee personally. Having received the document, the employee puts his signature on it, confirming his familiarization with the test. At the same time, the employee is not required to express his consent or objection. The notification is drawn up in 2 copies, one of which is transferred to the employee, and the employer retains the second with the employee's signature.

If handing the notice in hand is problematic, the organization sends it to the employee by mail (usually at the place of registration or actual residence) by registered mail with a notification and description. And this procedure is sufficient to consider the employee aware of the upcoming termination of the employment contract.

Confirmation of the fact of informing all employees is copies of notifications certified by the signature of employees, or postal stubs (if the notification was sent by letter).

Notification Example

The form in which the notice must be drawn up is not regulated by law. Each enterprise independently develops a notification form and in the general mass they are of the same type. Here is an example of a typical notification:

NOTIFICATION
About the upcoming dismissal in connection with the liquidation of the enterprise

Head of Sales Department
Fedorenko S.P.

Dear Sergey Petrovich!

We bring to your knowledge that on the basis of the decision of the members of the board of JSC "Monolith" dated April 2, 2019 No. 12, the organization will be liquidated. In this regard, the employment contract concluded with you on December 26, 2015 No. 25 is subject to termination.

After 2 months from the date of receipt of this notice, on June 19, 2019, you will be dismissed in accordance with clause 1, part 1, art. 81 of the Labor Code of the Russian Federation.

General Director (signature) ___________________ Sviridov L.D.

Acquainted with the notification (signature) ________________ Fedorenko S.P. 04/18/2019

After that, the employee continues to perform his labor functions in the usual mode for 2 months (3 months - with numerous layoffs) and receives for this wages in the amount established by the employment contract.

However, the employee, unlike the management of the enterprise, may voluntarily terminate the employment relationship ahead of schedule, without waiting for the expiration of the established period. For this, an application for dismissal is submitted according to the standard procedure.

Order of dismissal and entry in the work book

The final stage of the dismissal process is the issuance of an order, making an appropriate entry in the work book, handing it over to the employee and making a cash settlement with the dismissed person. Additional statements from the employee are not required.

As a rule, an order upon liquidation of an organization is issued strictly after a 2-month period after notifying employees, in rare cases - later. Before this period, an employee cannot be dismissed, this fact is a violation of labor laws.

The order is drawn up according to a single unified form T-8. Consider an example of such an order:

ORDER
on termination of the employment contract with the employee

Terminate the employment contract dated August 15, 2003 No. 12.

To dismiss on June 18, 2019 Sviridenko T.P., senior manager of the sales department, personnel number 814, in connection with the liquidation of the organization in accordance with clause 1, part 1, art. 81 Labor Code RF.

Grounds for dismissal - decision general meeting participants dated 04/02/2019 No. 13, employee notification of the termination of the employment contract dated 04/18/2019 No. 310.

General Director (signature) _____________________ Soldatov K.P.

Acquainted with the order (signature) _____________________ Sviridenko T.P. 06/18/2019

When the former employee reads the order and signs that he has read it, the personnel officer makes an entry in the work book:

Dismissed in connection with the termination of the employment contract due to the liquidation of the enterprise, clause 1, part 1, art. 81 of the Labor Code Russian Federation.

Upon filling out the work book and certifying the entered information with the signature of the head and the seal of the organization, the document is handed over to the dismissed employee. If the employee refuses to get acquainted with the order and receive a work book, then these actions are activated, that is, in the presence of 2 persons, the personnel officer or manager offers to sign the order and receive the book. Refusal is made out by the act and signed by the head and 2 witnesses. The order will be valid, and the book will be sent to the employee by mail.

Labor benefits: amount and timing of payments

An employee, upon dismissal due to the closure of an individual entrepreneur or enterprise, can count on:

• receiving payment for the days actually worked (including the day the dismissal order was issued);
• funds compensating for unused vacation (if any);
• severance pay should compensate for the absence of a salary from a laid-off employee in the coming months until he finds new job Therefore, the employer must pay:
  • 1 salary upon dismissal (average monthly salary) on the day of dismissal
  • 1 salary within 2 months (from the moment of dismissal) for the period of employment (Article 178 of the Labor Code of the Russian Federation). Simultaneous payment of 2 average monthly salaries on the day of termination of the employment contract is also allowed.
  • 1 more salary can be obtained at the employment service if you apply immediately after dismissal (within 2 weeks) and do not find a job within 3 months. However, such an additional bonus is not due to pensioners (it does not matter if they continue labor activity or not).
• compensation for sick leave, travel and other expenses, if they were incurred before the date of issuance of the order. If the sick leave is not submitted to the organization before the date of dismissal, then no further compensation is due.

As for the amount of benefits, they are calculated in each case individually. Funds for the hours actually worked and sick pay are determined depending on the salary and labor guard. Travel and business expenses are compensated to the employee in full on the basis of the submitted supporting documents and the advance report.

The amount of severance pay is determined depending on the category of employees to which the employee belongs:

ordinary staff member	2 average monthly salaries (1 earnings on the day of dismissal, another within a 2-month period) 3 average monthly salaries, registered with the employment center within 2 weeks and did not find a job within 3 months (1 salary on the day of dismissal, others within a 3-month period).
retired employee who continues to work	2 average monthly salaries
part-time employee	1 average monthly salary
seasonal worker	for 2 weeks based on the average monthly salary, that is, 14 average daily payments
officer for fixed-term contract concluded up to 2 months	not supposed to
employee category	benefit amount

The period in which the employee can expect to receive payment is the same in all cases - all calculations are carried out strictly on the day of dismissal, with the exception of salaries that are paid within 2 or 3 months after dismissal during the employment period.

Features of the dismissal of various categories of employees

The head of the organization is considered dismissed on the day the decision to liquidate the organization is made, that is, on the day the decision of the board is signed (his place is taken by the chairman of the liquidation commission). It should be noted that the general director may act as the head of a specially created liquidation commission. In such a case, his duties as a director shall terminate on the day the resolution on liquidation is taken. On the same day, he receives the powers of the head of the liquidation commission.

As for the social categories of employees, namely pregnant women, those on maternity leave, pensioners, as well as mothers of minor children, it is worth emphasizing that the legislation does not provide for them to keep their jobs. The dismissal of such employees is carried out in a general manner.

The employer is not obliged to dismiss all employees on 1 day, he can break this procedure at his discretion into stages. But last of all, the administrative staff (personnel officer, accountant) and the chairman of the liquidation commission are dismissed.

Social guarantees and subsequent employment

If you are fired due to the liquidation of the organization - do not despair. The law guarantees you social protection, providing the opportunity to register with the employment service. While looking for a job, you are entitled to receive additional social benefits.

Employment services provide not only employment opportunities, but also offer various courses and trainings that allow you to get a new specialty or improve your skills.

Cancellation of liquidation

In a situation where the liquidation has been canceled, the employee, at will, can choose two ways:

• return to the enterprise, and if there are obstacles on the part of the management, then the restoration is carried out in court;
• remain in the status of dismissed, that is, do not reanimate the terminated employment contract.

In any case, all benefits paid remain with the employee.

1. Paragraph 3, paragraph 41 of the Decree of the Government of the Russian Federation No. 225 of 04/16/2003 "On work books"
2. Unified form No. T-8 of the Decree of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment"
3. Paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.

The liquidation of an enterprise is a painful procedure, the result of which is the completion of the life cycle of the organization, as a result, the rights and obligations are curtailed. According to Art. 61 of the Civil Code, paragraph 1 - the succession of the company's powers by someone else is impossible. After the termination of the operation of the enterprise, creditors will not be able to count on the fulfillment of obligations. Any financial manipulations, this also applies to the presence of employees of the institution, must be completed during the liquidation itself.

Dismissal in connection with the liquidation of the enterprise

During liquidation, literally all employees are fired. These include:

• pregnant women;
• employees on maternity leave;
• employees with minor children;
• employees on vacation, on sick leave.

The procedure for the annulment of employment contracts is carried out by the department of the liquidation commission, created specifically for this purpose. The process is divided into stages:

• Informing the social employment service about the upcoming release of employees from their positions.
• Preliminary notification according to a prepared sample about the termination of contracts with employees.
• Drawing up an order based on a sample, signing it by all interested parties.
• Calculation and transfer of payments, employees in accordance with the legislation of the Russian Federation in case of reduction due to liquidation.
• Issuance of work books by the employer.

Each stage of the liquidation procedure and the related dismissal processes are strictly regulated by law and controlled by the relevant state authorities.

Payments upon dismissal in connection with the liquidation of the enterprise

On the day of dismissal, funds are issued for the period of time worked and compensation for unrealized vacation. Leaving work affects all employees, but all members of the team can rely on payment work benefits in proportion to the average monthly income.

Seasonal workers in liquidation receive a two-week salary. Also, the average salary is reserved for the employee at the time of entering a new job, but this period should not exceed a two-month period, for more details, see Article 81 of the Labor Code of the Russian Federation. If a person who applied to the employment service is not employed for 2 months, then he can be assigned payments for the third calendar month, provided that he turned to the employees of the employment exchange in the first two weeks after completing cooperation with the liquidated organization.

Employees of the Northern regions, or in areas with the appropriate status, can receive an average monthly salary for the 4th, 5th, 6th month after the liquidation of the enterprise, if they declare themselves on the stock exchange no later than a month after leaving.

How to draw up a dismissal order in connection with the liquidation of an enterprise - sample 2018

Two months before the dismissal, the employee is given a sample notice of the impending closure of the enterprise against receipt. After the expiration of the period, the employer has every reason to issue an appropriate order. A sample order is received in the format No. T-8, certified by the State Statistics Committee of the Russian Federation dated 05.0I.2004 No. 1, or it is drawn up on a form accepted at the enterprise. In the order, the employee is brought to the attention of the available grounds for dismissal. Notification details are also indicated. The order is signed by the head of the liquidation commission.

How to dismiss the CEO in connection with the liquidation of the enterprise?

IN current legislation there is no special procedure for the dismissal of the director managing the company during liquidation. Therefore, the boundary of the completion of his powers is not clear, and the decision is made by the founders or the liquidation commission. The closure of an LLC is accompanied by a meeting of the founders, where decisions are made on topical issues, options:

1. The commission of liquidators is approved, the manager is relieved of his powers. personnel issue with CEO is decided on the day the commission begins its activities.
2. The general director is approved as the liquidator.
3. The director does not cease to perform his functions until the moment the enterprise is removed from the register.

If the CEO sole founder, the procedure is simplified:

• Deciding to close.
• Commission approval. Most often, he becomes the head of the commission.
• Dismissal by order drawn up on the basis of an existing sample. All papers are signed by him personally.

Record in the work book about dismissal in connection with the liquidation of the enterprise

An entry about the dismissal is entered in the work book on the day noted in the notice. If the entry is made earlier or later, the employee has the right to challenge the decision in court. On the day specified in the notification, based on the sample, a break order is issued labor agreement. An entry is made in the employee's work book about the dismissal, which indicates the reasons for terminating the contract. At the cash desk of the enterprise, the employee receives the final settlement (part IV of article 84.1 of the Labor Code).

Maintenance and storage of work books, production of work book forms and provision of employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books” (hereinafter referred to as the Rules), it was established that the reasons for the termination of the employment contract, entries in the work book are made in in strict accordance with the wording of the article specified in the Labor Code of the Russian Federation or otherwise federal law.

The procedure for making a record of dismissal in the work book

Upon liquidation of a branch, representative office or other separate structural unit located in another locality, which is not an independent legal entity, an entry in the work book is made with the wording "Dismissed due to the liquidation of the organization, clause 1 of part 1 of article 81 of the Labor Code of the Russian Federation." This record is certified by the signatures of the employee and the person responsible for maintaining work books, as well as the seal of the liquidated organization. At the same time, it should be noted that the specified procedure is applied if, in accordance with the charter of the organization, the named structural units have the right to conclude or terminate employment contracts, issue orders on personnel.

Entry in the work book about dismissal when the entrepreneur terminates his activities

Labor contract with the employee is terminated if the individual entrepreneur has ceased his activities for the following reasons:

• the entrepreneur personally decided to terminate his activities or refused to renew the license, provided by law to carry out certain activities;
• the entrepreneur has been declared insolvent (bankrupt);
• By the tribunal's decision;
• certificate has expired state registration individual as an individual entrepreneur.

An entry in the work book will be made in accordance with the rules established by clause 35 of the Rules and clause 5.3 of the Instructions, with the wording “Fired due to termination of activities individual entrepreneur, paragraph 1 of part 1 of article 81 of the Labor Code of the Russian Federation. Then the record must be certified by the signatures of the employee and the person responsible for maintaining work books, and if the individual entrepreneur does not have such a person, by the individual entrepreneur personally, as well as by the seal of the individual entrepreneur.