One of the legally established grounds for the dismissal of employees at the initiative of the employer is the termination of its activities, that is, the liquidation of the enterprise. It may be related to its insolvency or bankruptcy.
After the decision to liquidate the enterprise, it is necessary to resolve many organizational issues related to this, including the issues of terminating employment contracts with employees. At the same time, it is important to correctly draw up the necessary documents and pay the due compensation, respecting all the rights of employees.
Only in the event that the liquidation actually takes place, the dismissal of employees is legitimate. If, for example, the enterprise started this procedure, but did not complete it, having managed to dismiss employees at the same time, by a court decision they can again be reinstated in their previous positions.
Dismissal in liquidation does not contain any exceptions or separate conditions in relation to specially protected categories of persons. In its process, minors, pregnant women, and single mothers can be fired, no special permission from other bodies is required.
With this type of dismissal, it is important to observe correct sequence actions - this will help to avoid many negative consequences. This procedure begins with the notification of the relevant authorities.
The first body that should be notified of the impending liquidation and dismissal of employees is the employment service. It is important to comply with the following requirements:
If, according to an industry, territorial agreement or general rules, the dismissal of workers is considered massive, then the minimum notice period for the employment service increases to three months before the start of liquidation.
The fulfillment of this obligation is established by law, for its violation, administrative responsibility is applied in the form of a fine - from 3 to 5 thousand rubles. organizations and from 300 to 500 rubles - to officials.
The next structure to be notified of impending liquidation is the trade union. At the same time, the legislation establishes the obligation to notify him only if the dismissal is considered massive. The term, as in the previous situation, will be three months before the planned dismissal.
The remaining requirements are the same - a written form of notification and the absence of a legally established form. Therefore, you can compose it arbitrarily or in accordance with the same standard form, which was also used for the employment service.
Employees who are to be fired have the right to learn about this no later than two months before the event. The beginning of this period is the delivery of a notice of dismissal to the employee. At the same time, he can quit earlier, having received days for the remaining two months monetary compensation.
Confirmation that the employee has read the notice of dismissal will be his signature under this document. One copy of the notification remains with the employee, and the second must be kept in the organization. The form of the document is also arbitrary.
Sample letter of resignation due to liquidation If the employee is absent from the workplace (for example, on vacation, on a business trip or sick), he must still be called to work and also handed him a notice against signature or send a notice by registered mail with a description of the attachment and a return receipt. If these conditions are not met and there is no notification, the employee has the right to file a complaint against the employer with the court.
If the employee himself refuses to sign the notice, then an act must be drawn up on this fact. This document will record the delivery of the notice and the employee’s disagreement with it, which must additionally be confirmed by the signatures of two witnesses. In this case, the countdown of the established two months begins from the date of drawing up this act.
Sample act of refusal to sign a notice of liquidation The main document that is drawn up in this case is an order to terminate the employment contract. Its form () is approved by law, and it should be published after the established two-month period after informing employees.
With the order, as well as with the notification, all employees of the enterprise must be familiarized with the signature. If someone cannot or refuses to do this, then an appropriate mark must be made on the document.
After the procedures with the order, certain entries must be made in the work books of employees. Their wording must exactly repeat the provisions of the Labor Code or the relevant law and contain a reference to a specific article-foundation, its part and paragraph.
An employee can pick up a work book drawn up according to all requirements and all due payments on his last working day, which is also the day of dismissal.
Sample entry in work book upon liquidation of an enterprise Employer payouts required upon termination include:
This payment is calculated by multiplying the number of vacation days that the employee did not take off and his average earnings for one day. The opportunity to get a full vacation (that is, lasting 28 days) appears for employees only after 5.5 months of the working year, in which case the compensation will also be full. Under other conditions, the amount will be proportional to the number of months worked.
If during the current year an employee used his right to leave, then he is not entitled to compensation.
V last case pensioners can be an exception - since their social protection from the state is already provided with the help of pension payments, they should not be registered at the employment center. However, if this happened and this body issued a certificate of non-employment, the company will be obliged to pay the former employee to the pensioner the salary for the third month.
established ways calculation of severance pay can be changed (but only upwards) by the provisions of labor or collective agreements of a particular enterprise.
When calculating income tax, the employer has the right to attribute compensation payments to employees to payroll expenses. In addition, these payments are exempt from the following taxes:
For the delay in all due payments to the employer, an additional penalty will also be charged - for each overdue day of payment, interest will be charged on the amount of the debt (at the established refinancing rate). These payments will no longer be considered labor costs, but they will also be exempt from all the above taxes.
If at the time of liquidation or within a month after it, the employee falls ill, then he will receive temporary disability benefits not at his place of work, but in the FSS body. Its payment will occur within 10 days from the date of provision of all required documents(statements, sick leave, certificates from the place of work and documents on insurance experience).
Within a year after the dismissal due to the liquidation of the enterprise, the former employee is entitled to receive maternity benefits. To do this, she must be registered with the employment center, and within 10 days from the date of submission of documents, the social protection authorities must pay benefits. Its size is established by law for each year, and in 2015, taking into account indexation, it is 543 rubles.
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Russian legislation regulates the process of liquidating an enterprise and the procedure for dismissing employees. Unfortunately, the economic situation sometimes develops in such a way that some enterprises are forced to stop economic activity. The Labor Code of the Russian Federation guards the interests of employees of closing companies, guaranteeing them a number of benefits. For example, such citizens are entitled to a certain monetary compensation.
The step-by-step instructions for the dismissal procedure upon liquidation of an enterprise are as follows:
As soon as the management of a company with more than 15 employees decides to close its enterprise (and this decision is followed by dismissal due to the liquidation of the organization), then the employment service should be notified about this. This must be done 2 months or more before closing and must be done in writing. Individual regions may set their own warning periods, but not less than those prescribed by law.
The employer's next step is to issue an appropriate order and warn employees that they will be fired due to the liquidation of the enterprise. Article 81 of the Labor Code of the Russian Federation states that in the event of the complete liquidation of a company, it is allowed to dismiss all employees of the enterprise.
Each employee must be given 2 months notice of dismissal. But if an employee works under a contract that is valid for less than 2 months, then the company can warn him of the upcoming reduction in 3 calendar days (Article 292), and seasonal workers - in a week (Article 296).
Notification has no unified form and developed in-house. But it must provide a place for the signature of the employee and the date of familiarization with the notification.
Upon dismissal due to the closure of the company, the reduced one is not required to work out a 2-month period. If he does not want to do this, he notifies the employer in writing of his desire, while he is entitled to compensation calculated in accordance with the average monthly salary for the days that remain before the date of dismissal, which is indicated in the notice.
If an agreement is reached between the employee being reduced and the management of the company, then the dismissal can take place according to own will or for some other reason. At the same time, the employer saves on payments, but the employee loses - the company will not pay him the compensation provided for by law.
The process of dismissal of employees during the liquidation of the enterprise ends with the payment of the entire amount that the company owes to the employee. This includes wages for the remaining period worked, and compensation for vacation days that the employee did not have time to use, and various bonuses provided for in the organization, and more. The law also requires the employer to pay severance pay, the amount of which is equal to the average monthly earnings. All payments laid off receive on their last day of work in the company.
But the obligations of the employer to its employee do not end there. Average earnings kept for 1 more month. If we take into account the severance pay, then the company pays its former employee also the 2nd month from the date of dismissal during liquidation. And if the company is located in the Far North, then payments increase by another 1 month.
A citizen laid off due to the liquidation of an enterprise must register with the employment center at the place of residence within 2 weeks from the date of dismissal. If they cannot help him with employment there, then they issue a certificate, on the basis of which the employer pays his former employee also for the 3rd month from the date of dismissal. And for the regions of the Far North, Russian legislation has established a much longer period - six months. In such areas, the period during which the dismissed person must register with the employment center has also been increased to 4 weeks.
The employer also needs to issue a work book for the dismissed employee. An entry is made in it that the termination of the employment contract is carried out in accordance with Article 81, paragraph 1 of the Labor Code of the Russian Federation.
The dismissed employee has the right to demand to provide him with a copy of the dismissal order, which, together with the work book and all cash payments, the company must issue on the last day of work.
If the procedure for dismissal was violated, the dismissed employee may file a lawsuit in court. Having won the case, he will not be able to return to his workplace, since the enterprise is no longer working, but he has the right to receive compensation for the time of forced absenteeism. The court will oblige the employer or his successor to pay the dismissed employee everything in full.
The head of the organization, where the dismissal of employees during the liquidation of the enterprise, is also subject to reduction. The same applies to the chief accountant. Typically, the process of closing a company is led by outsider, and in case of bankruptcy, an arbitration manager is appointed, so the entire management of the enterprise is dismissed on a general basis. Their powers are ending, and they are entitled to claim the same payments as all other employees.
But there is a certain circle of workers whom the law does not allow to dismiss unquestioningly. These include pregnant women and mothers with children under 3 or 6 years of age. Until the child reaches the age of 3 years, a woman has the right to be on parental leave. If the child is older than this age, but has not yet turned 6 years old, then the mother can also be on leave to care for him, but on condition medical indications. This should be confirmed by an appropriate conclusion from the medical institution. Pregnant women must be placed by the employer in a new job.
Although during the liquidation of the enterprise, the dismissal of the following citizens is permissible, but they must be arranged for a new job:
If the company decides to liquidate, then all its employees will be reduced. It is important for all of them to remember that Russian labor legislation stands guard over their interests. The employer is obliged to warn the employee in advance that he will be fired after 2 months. During this period, you can find yourself a new job. Moreover, if this happens, then you can not work out this period, but quit in advance. The employer will still pay the salary for these 2 months.
If it is not possible to get a job at another enterprise, then you can safely work it out until the moment of reduction and receive all payments due, including severance pay. It will replace wages 1 month from the date of the reduction.
Dismissal during the liquidation of the organization implies the payment of another average monthly salary. Her reduced employee will receive in the form of benefits for the 2nd month from the moment of reduction, if he fails to get a job new job.
The dismissed person will be required to contact the employment service within 2 weeks from the date of reduction. This condition is optional. But it provides many benefits. Firstly, this institution is obliged to help the unemployed to find a job. Secondly, if this still fails, the employment center will issue such a citizen with a certificate that will oblige the employer to pay benefits to the former employee also for the 3rd month after the reduction. But on this, all financial issues between both parties cease.
Further the employment service is engaged in the citizen. The institution is looking for a citizen left without a job, a new place of employment. If this fails, then he is assigned the status of unemployed with the payment of unemployment benefits. But this amount no longer depends on the former employer. The state pays for it.
Aug 13, 2017 zakonadminnin
The liquidation of a company is the absolute cessation of its activities. The procedure can be carried out voluntarily or compulsorily. At the same time, the personnel department of the enterprise is responsible for the dismissal of employees. How to make dismissals without violating the norms of Russian law and without infringing on the rights of conscientious workers?
The dismissal of employees during the liquidation of the enterprise has similar features with layoffs when the number of employees is reduced. However, if during the reduction, the deprivation of work of certain categories of citizens does not fall, then during the liquidation, the possibility of maintaining employment for any workers is not provided.
Labor law obliges the employer to make dismissals according to the following algorithm:
It is required to send a written notification to the employment center, as well as a list of workers who lose their jobs. The list, which lists employees, should contain information about the positions they hold, the qualifications they have and the income they receive.
The deadline for submitting a notice to the center responsible for employment should not exceed 60 days. In case of mass layoffs, the period is extended to 90 days. For violation of the terms of the warning on the enterprise, according to the norms of administrative law, a fine is imposed (up to 5 thousand rubles).
The trade union body must be notified in writing 90 days before the event. The notification of the trade union is informative, that is, the employing organization does not need its permission to carry out dismissals.
Notification of employees must be made exclusively in writing. After reviewing the document, the employee must sign it and indicate on it the date of familiarization. The notification is prepared in 2 copies: one is intended for personnel, the second is given to the worker.
If a person refuses to sign a confirmation, it is necessary to prepare a refusal certificate signed by the compiler and 2 witnesses, which may be other employees of the company who were present at the refusal. In this situation, the notification should be sent to the address where the person who refused to sign actually lives.
The terms for warning personnel are defined as follows:
If an employee is on an annual vacation or is ill, then the notification is sent by mail or by courier to his actual address. V this case the person must acknowledge receipt of the document by signing the receipt or mail notification. Citizens on a business trip are subject to recall.
If desired, the employee can terminate the contract before the expiration of the time, statutory for a warning. For this purpose, he needs to submit an appropriate application, on the basis of which an order regarding dismissal is prepared, a citizen is issued a book on labor activity, and a calculation is also carried out.
Into the amount Money that the employer is required to pay must include:
In addition to the listed amounts, if a citizen has not found a new job within 30 days, the employing company must make a payment equal to the average monthly earnings for the 2nd month of lack of income.
If the employee, no later than 14 days from the date of dismissal, applied to the employment service and has not been employed in the past 60 days, the liquidated organization will have to pay the average monthly salary also for the 3rd month.
In a situation where an employee finds a new job, for example, at the beginning of the 2nd month, the amount of the payment for that month will be calculated based on the days when there was no employment.
If an employee who carries out labor activity in the conditions of the North is subject to dismissal, then Art. 318 of the Labor Code of the Russian Federation obliges the employer to pay him the average monthly salary for 3 months (if he does not have official source income). In exceptional circumstances, the period may be extended up to six months.
If the employer did not warn the worker of the dismissal within the period specified by the law, the employee must receive additional compensation, equated to the 2nd average monthly earnings. If the organization refuses to pay compensation, the worker has the right to defend his interests in court.
The dismissal of employees during the liquidation of the enterprise is completed by drawing up orders for dismissal and making appropriate entries in the work book. On the last working day, the order is provided to the employee for review. The fact of familiarization is confirmed by the signature of the dismissed person.
The work book must be issued against receipt. If it is impossible to obtain the signature of the employee, it is allowed to send the book by mail. In the labor it is necessary to indicate that the dismissal is carried out on the basis of part 1 of article 81 of the Labor Code of the Russian Federation, that is, as a result of liquidation legal entity or termination of IP activity.
The dismissal of mothers on maternity leave is carried out according to general rules. The difference takes place only when calculating the amounts of benefits and compensations. When determining the amount of payments, the average monthly earnings for 2 years before going on vacation are taken.
In a situation where the liquidation was carried out before the day the employee left on maternity leave, payments will be made by the social authority. When calculating social benefits are taken into account calendar days months, not work.
The dismissal of employees, caused by the need to liquidate a company, is a difficult task that affects the interests of many people. However, subject to labor law it seems possible to terminate the existence of the company and to protect the interests of the persons working for it.
The liquidation of an organization is strictly regulated by. Here, not only the rules and conditions for the termination of activities, but also the dismissal in connection with the liquidation of the organization of employees, must be clearly observed. So, at the initial stage, the heads of the enterprise for 3 months must notify the union of their intention to terminate their activities.
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During 10 days after the dismissal of all employees, they are registered with the Employment Center. Different dismissal rules apply to employees located in.
Depending on the status of the employee, apply certain rules dismissals, where not only the procedure, but also the very calculation of payments may differ wages.
As mentioned above, the dismissal during the liquidation of the organization begins with the notification of the employees of the trade union, which is carried out for 3 months. In another month, it is necessary to notify all employees by distributing appropriate letters to them. At the same time, a notification letter about the upcoming dismissal of employees is sent to the Employment Center.
At the appointed time of liquidation, employees are calculated taking into account the average monthly salary. Displaced workers in the future during 10 days will have to come to the Employment Center for registration.
Before complete liquidation, a certain package of documents is prepared:
Separately, it is necessary to consider the procedure for the dismissal of company executives. Usually this list includes the director himself and the accountant. During the period of unauthorized liquidation, the manager of the company or an outsider manages the process. In the event of bankruptcy, an arbitration manager is appointed to the place of the head.
From the above process, it becomes clear that the head of the organization is also subject to dismissal, and almost in the first place. It is easier to do this in the event of a further reorganization of the company, since in the new company, according to current legislation a new CEO is appointed.
The head of the former enterprise resigns and claims the same payments as the reduced employees
It is clear how the reduction of managers occurs during liquidation - there are practically no "individual" situations here. At the same time, not all employees are subject to unquestioning reduction.
There are certain categories of people for whom the general rules are partially applied - the manager can dismiss, but is obliged to provide them with employment.
Among these employees, the following categories can be distinguished:
Employees must be notified of impending layoffs due to liquidation no later than 2 months before the whole procedure. Notification takes place in writing.
If an employee was hired under an employment contract only for 2 months, he must be warned 3 days before the reduction. "Seasonal" personnel are notified a week in advance.
Upon dismissal, each employee is given a severance pay and on the last working day they are issued a work book with a corresponding entry - a link to an article in the Labor Code. If there is an employment contract with an employee, the entry indicates 1 “Fired due to termination of the employment contract due to the liquidation of the enterprise”.
It happens that employees do not come for a work book on the day of dismissal
In this case, the leaders of the organization carry out the following actions:
In the latter case, the work book also indicates Art. 81 paragraph 1, but the text is different - "Fired due to the liquidation of the organization."
There are certain nuances of dismissal during the liquidation of the organization. Some of them have been presented above. Now we should consider special cases.
Standard situations are carried out in the sequence:
There are special cases of dismissal of employees due to the liquidation of an organization, where certain categories of citizens are taken into account:
| Dismissal of pensioners | Occurs in the same sequence as the dismissal of "standard" employees. Despite the presence of a pension, the former employer, as well as the Employment Center, are required to pay severance pay for 3 months. The smallest violations can be considered in court. |
| Dismissal of pregnant women and women on maternity leave | Here comes the distinctive calculation of benefits:
|
| Dismissal of heads |
|
The head of an organization subject to liquidation should be responsible for the timely payment of benefits to terminated employees.
So, each employee receives:
First of all, managers must pay moral or material damage to employees who have received injuries and other harm to health at the enterprise. It also takes into account that each employee should be paid an allowance in the amount of the average annual salary for 2 months. The third month is paid by the Employment Center if the employee has not found a new job.
The liquidation of the company involves the complete cessation of the activities of the legal entity, and its duties are not transferred to other enterprises on the basis of succession rights. As a result of the procedure, the legal entity is excluded from the Unified State Register of Legal Entities and ceases to conduct economic activities.
Subsequently, the bankruptcy proceedings stage bankruptcy proceedings, the dismissal of employees is no different from the reduction in ordinary liquidation.
An integral part of the liquidation procedure is the dismissal of all employees. Until the closing of the enterprise, it is required to make all settlements with employees. The liquidation commission is responsible for these actions during the closing of the company. Her duties include the calculation of all due payments and tax collections until the liquidation and final dismissal of workers.
In fact, the process of dismissal of employees coincides with the termination of the employment contract with a reduction in the total number of personnel. But he has one important distinguishing feature: absolutely all employees are subject to dismissal during liquidation, even those who are endowed with certain social guarantees by the state (single mothers, veterans, pregnant women, etc.).
It is important to consider that their dismissal is allowed only upon liquidation of the enterprise, and not the reorganization of the legal entity. In the latter case, employees may retain their positions.
Stages of dismissal of employees when closing a company
The process of dismissal when closing a company is a multi-stage process, it consists of the following steps:
- A decision is made on liquidation by the founders and approval is obtained from the Tax Inspectorate. The decision on liquidation must be made in writing, or there is already a valid court decision on this.
- Employees, the trade union and the Employment Center are notified.
- Dismissal orders are being issued.
- The final calculation is made and a mark is made in the labor.
It is worth noting that if, despite the decision on self-liquidation, the company has not closed, employees have the right to declare reinstatement in their previous position.
Usually not all employees quit at the same time. . The first to be cut are production shops, then administrative workers. Last but not least, the dismissal concerns the members of the liquidation commission.
Employee notices prior to planned layoffs
According to article 180 of the Labor Code of the Russian Federation, all employees of the enterprise must be notified of the upcoming reduction at least two months before the specified event. The dismissal of personnel cannot coincide with the date of the closing of the enterprise due to the need to pay severance pay.
A two-month period is necessary for those who are dismissed so that they can find a new job. Similar notice periods are provided for the trade union and the Employment Center. If the employer does not meet the specified time frame, he faces administrative liability. Responsible persons will be fined 300-500 rubles, while for the enterprise the sanctions are more serious and amount to 3000-5000 rubles.
Employees can quit without waiting for the appointed time to terminate the contract, but only of their own free will. This will not affect the size of their payments due to the reduction. On the contrary, the employee is entitled to additional compensation for the time that he was unfinished before the official reduction.
The form for notifying employees is not approved at the legislative level, so the liquidation commission has the right to develop it independently. This document should include the following information:
- name of the legal entity;
- Full name of the employee, his position and department;
- details of the decision of the enterprise on liquidation;
- date of termination of the contract and the grounds for this.
The document is issued against signature. It is drawn up in two copies, one is given to the reduced employee, the other with his signature remains in the custody of the employer.
The employee must confirm his familiarity with him. If the dismissed employee refuses to sign, the notification must be sent by registered mail with acknowledgment of receipt. Then you can not worry about unreasonable claims from the authorities controlling the reduction in violation of the established notification procedure for dismissal.
Employment Service Alert
The company must notify the employment center of the mass reduction of all employees in writing. This is required when liquidating all organizational and legal forms (LLC, JSC) with more than 15 employees. Those. if the company less people, then this step can be skipped.
The deadlines for notifying the regional employment service are as follows:
- 30 days for more than 50 people;
- 60 days - with more than 200 employees.
Other deadlines for notification may be set at the regional level. The Employment Act also emphasizes that if the liquidation involves massive layoffs, a three-month notice period is given.
Payment of compensation and severance pay to the dismissed
In the process of dismissal of an employee during liquidation, he is paid:
- salary and all salary debts (if any) for the hours actually worked;
- monetary compensation for unused vacation (according to Art. 127) and for additional leave if it is required by law;
- compensation for premature termination of the employment contract (if this period was less than 2 months after notification);
- severance pay (under Art. 178).
Other payments, such as bonuses, are made only at the request of the employer.
Article 140 of the Labor Code of the Russian Federation indicates that all payments are made to the dismissed person on the day the employment contract is terminated. Or, if the employee did not work on the specified day (for example, was on sick leave), then no later than the next working day.
When calculating the severance pay, the average monthly earnings of the employee for the previous two years are taken into account. But the bonuses and allowances that the employee received during the period of service are not included in the calculations.
Article 178 of the Labor Code of the Russian Federation provides for material support for those laid off by the employer until their future employment. Their relationship with a former employee does not end on the day they leave. Severance pay must be paid for at least two more months after the termination of the employment contract.
There is one caveat in the law: if former employees manage to find a new job before the expiration of the two-month period, severance payments are stopped. Labor Code provides grounds not only for reducing the periods of material support, but also for its prolongation.
So, the two-month period can be extended for another month if, within 14 days after the dismissal, the employee applied to the employment service and two months from that moment, he still could not find a job according to objective reasons. This payment is already made from the funds of the Employment Center.
Workers in the Far North receive severance pay for a minimum of three months, and a maximum of six months, by decision of the Employment Service.
Compensation payments are subject to personal income tax on a general basis at a rate of 13%. But they accrue all payments for pension and social insurance. If necessary, the employer withholds alimony from the amount of compensation.
Entry in the work book upon liquidation of the enterprise
When dismissing personnel due to liquidation, a record of this must be made in the work book with reference to the Labor Code. The book must be issued to employees directly on the day of dismissal. If the enterprise does not have the opportunity to personally issue a document to an employee (for example, due to the fact that he did not come to work on the last day), then in order to exclude claims, it is necessary to send a notification to the employee about the need to obtain a work permit or obtain his consent to send it by mail.
In the labor field in the reason for dismissal, a note is made that the employee was dismissed due to the liquidation of the enterprise with reference to clause 1, 81 of Art. TK RF. It is also necessary to make a note about the termination of the employment contract.
Sometimes unscrupulous employers, in order to save on severance pay, indicate other grounds for parting in the labor force: for example, their own desire (Article 77, Clause 3 and Article 80) or by agreement of the parties (Article 77, Clause 1, Article 78) . But according to the law, the employer can do this only with the consent of the parties.
Refuse to sign a resignation letter
Article 841 of the Labor Code indicates the mandatory notification of an employee with an order to dismiss. He must write on the document “I am familiar with the order, date and signature.” Of course, no one has the right to force a person to sign, he may refuse. In this case, the refusal must be recorded and an act about it drawn up.
What should management do in this case? detailed instructions not included in TC. But the refusal to sign the order does not serve as a basis for suspending the liquidation of the enterprise.
Dismissal of the head of the liquidated company
The procedure for the dismissal of the head depends on whether he was included in the liquidation commission. If he did not become part of it, then the functions of the company's management are taken over by the liquidation commission headed by a third party. It doesn't have to be a former director. Then his powers are terminated from the moment the liquidation commission begins its work.
When a director is appointed to the position of liquidator, he is the last to leave, after documentation termination of the enterprise. Together with the head, other members of the liquidation commission are dismissed: personnel officers, lawyers, accountants (that is, all those specialists who are directly involved in the closing procedure).
The dismissal of the director must be recorded separately. When paying compensation, he is allowed to include additional bonuses. The rest of the procedure for dismissal of the head is no different from the standard.
Dismissal of pregnant women during the closure of the company
According to the general rules, pregnant women and women on maternity leave cannot be dismissed at the initiative of the enterprise, solely at their own request. This rule has only one exception: liquidation of the enterprise. Prior to the closing of the company, the liquidation commission is obliged to terminate absolutely all employment contracts with employees, including pregnant women.
If an enterprise closes its branch located away from the head office, then the dismissal of women is made on legal grounds subject to Article 81 of the Labor Code. But if one branch closes, and a similar company opens in the same area, then the woman is simply transferred to a new division for the same position.
Pregnant women and maternity workers are warned about dismissal on a general basis: 2 months in advance.
If a maternity worker was dismissed, then the key aspect that worries a woman is how benefits for childbirth and for a child will be calculated. If a woman did not go on maternity leave before liquidation, then maternity leave will be paid from Social Security funds. Such pregnant women are in a particularly disadvantageous position: their allowance will be only 515 rubles. per month.
The amount of the child care allowance is calculated according to the minimum wage for that year. It does not exceed 3000 r. - for the 1st child and 6000 r. - for two.
But if the vacation began before the liquidation, then maternity pay is accrued taking into account the average earnings for 2 years. The care allowance will also be paid as 40% of average earnings. Initially, it will be transferred by the employer, after the end of the liquidation procedure, the woman will need to contact Social Security.
Reduction of pensioners and seasonal workers
Such employees of the company are notified of the dismissal on standard grounds. Individuals do not receive severance pay equivalent to the main state. Seasonal workers receive it in a limited amount equal to their two-week average earnings.
There are some specifics in the timing of notification of employees about their upcoming dismissal. The Labor Code provides for the following time frames:
- for pensioners - at least two months before dismissal (there is an indication of this in Article 180);
- for persons who have concluded fixed-term employment contracts for less than 60 days - up to 3 days (under Art. 292);
- for employees involved in seasonal work - at least 7 days before the upcoming dismissal (Article 296).
Consequences of dismissal and further employment for an employee during the liquidation of an enterprise
Losing a job is always a difficult period in a person's life. But the situation in which they find themselves former employees a liquidating company is not so catastrophic. The Labor Code strictly protects their rights.
So, they are provided with a severance pay in the amount of the average monthly earnings for two months. For comparison, persons who resigned of their own free will are deprived of such a privilege. They can only count on unemployment benefits, the amount of which in the Russian Federation is very small.
Future employment prospects former employees quite good. After all, their dismissal is connected not with a violation of labor discipline, but with the closure of the enterprise. Much will depend on their qualifications and the availability of personal achievements on previous place work. Employees will have two months to look for a new job, because they must be notified in advance.
Assistance in finding employment will be provided to them by the employment center. If desired, they can also receive government subsidies to start a business.
Usually, if a company is liquidated only nominally, employees who have proven themselves with better side are employed in a new place.
Of course, dismissal during liquidation has its drawbacks. Thus, this procedure affects even the most socially vulnerable categories of citizens who will find it very difficult to find a new job. These are, in particular, pregnant women and pensioners.
There is also a big risk that finding a new job that matches the skill level of specialists will not be so easy.
If during the liquidation of the enterprise, the rights of an employee are violated, then he can complain to the prosecutor's office or the labor protection inspectorate (or immediately write a statement to the court). Claims have a 1 month appeal period.
Thematic materials:Updated: 09/24/2019103583If you notice an error, select a piece of text and press Ctrl + Enter
