If the employee was fired due to staff reduction, then he must be paid severance pay, which is equal to one average salary per year. In addition, the average monthly salary is paid until the next employment, but not more than 2 months. The rights and obligations of the employee being laid off Even with the reduction, the employee has the right to many things that you should know about in advance and use your opportunities. These include:
In addition, the company covers insurance payments and guarantees. It is in order to save their own money and relieve themselves of responsibility that many employers are trying to convince employees to write a letter of resignation of their own free will. In this case, neither compensation nor insurance will be paid to you.
Features of paperwork But quite often there are situations when the execution of a standard package of documents is not enough, some controversial situations arise.
But this is done only if there is written agreement worker. If there is consent, the employee is paid additional compensation, which amounts to his average earnings. It is calculated in proportion to the time remaining before the expiration of the dismissal notice (Part 3 of Article of the Labor Code) during the consideration of the dismissal of the employee, the body of the primary trade union organization was present, which decided that it was impossible to transfer the employee with his consent to another job.
The employer retains the right to determine the staff and number of employees. However, in some cases, this right may be limited by law. Article 14 federal law December 21, 2001
No. 178-FZ "On the privatization of state and municipal property" (SZ Russian Federation 2002. No. 4. Article 251) reveals this essence.
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How is it planned to change the procedure for taxation of income of individual entrepreneurs and self-employed citizens? What has changed in the rules of labor protection on road transport? What, according to the Armed Forces of the Russian Federation, is the difference between labor and civil law contracts? March 26, 2018Leasing preferences for social business in Moscow rent, preemptive right for the purchase of premises or participation in the program "Ruble for square meter” - about these benefits in the column of Nino Gulbani, legal adviser of the real estate and construction practice of Alta Via. This should happen no later than two months before the loss of work.
Dismissals of employees for reduction are possible subject to the employer's compliance with a number of conditions
[Back to Table of Contents] ✔ The order, procedure and rules for dismissal by reduction.
Federal Law No. 90-FZ of 30.06.2006) (see the text in the previous version) production, accident, catastrophe) or knowingly created a real threat of such consequences; (as amended by Federal Law No. 90-FZ of June 30, 2006) (see.
Attention
A higher qualification of an employee is confirmed, in addition to education and experience, by the presence of additional qualification characteristics(ability to work on a computer, possession of one or more foreign languages), knowledge of the specifics of work, professional development by the employee. Often also taken into account personal qualities employee (goodwill, communication skills, ability to quickly navigate in non-standard situations, a sense of responsibility, etc.). These business qualities the employee is confirmed by various documents, such as: characteristics, memorandums of the immediate superior, the results of an earlier certification, etc.
Job loss is the biggest problem that can be caused by the financial and economic crisis. To get out of a difficult financial situation, organizations resort to optimization production process. As part of the optimization, staff reductions are often made. Who can't be made redundant? What rights does a reduced employee have? What is the responsibility of the leadership of the organization?
Employees is a procedure for the abolition of positions (one or more), carried out in accordance with labor legislation. One of the methods of reducing units is the elimination of vacancies. The staffing table is the main evidence confirming the fact of a reduction in the number of employees. If the organization does not have a staffing table, then payroll or a list of employees can also act as a supporting document.
Russian labor law regulates the procedure and determines the grounds for the reduction of employees. So, the employer can dismiss employees due to a reduction in the number of staff units, reorganization or liquidation of the enterprise. At the same time, the employer himself determines the optimal number of employees of the organization. By law, the employer is not required to justify the decision to dismiss an employee for reduction, however, formally, the procedure should be carried out on the basis of the Labor Code of the Russian Federation (Articles 82, 179, 180, 373). It is possible to dismiss an employee of an organization due to a reduction in the number of employees only when the position he occupies is liquidated.
In practice, there is often an illegal (imaginary) staff reduction, which has no real reasons. This procedure is illegal. Employers resort to this method when they need to fire an employee, but there are no real reasons for this. If the procedure for terminating contracts is carried out incorrectly or if it is not observed, the reduction is also considered unlawful. The rights of the dismissed this case can be defended in court. However, in practice it is quite difficult to convict employers of illegal actions.
This procedure consists of several stages.
In Russian labor legislation, there is a list of those employees who cannot be fired due to staff reduction. Who can't be fired?
Also, according to the Labor Code of the Russian Federation (Article 256), parental leave can be granted until the child reaches the age of 3 at the request of the mother. Workplace and the position in this case is reserved for the woman.
Can a pregnant woman be fired on the basis of a layoff? Such dismissal is considered illegal. As stated, dismissal is permissible only upon liquidation of the organization.
The only exceptions are cases where the reduction takes place as part of the liquidation of the enterprise.
In addition to the list of those who cannot be fired due to staff reduction, the Labor Code also includes such a concept as “preferential right”. According to Article 179 of the Labor Code, this right gives employees of organizations an advantage in retaining their jobs while reducing staff, depending on the quality of their work duties or social causes. These workers are the last to leave.
Preferential rights are given to employees with high level qualifications and productivity. Work experience and education are also taken into account. Qualifications must be supported by certificates of completion educational institutions, certificates of advanced training, extracts from the protocols of commissions on the assignment of a category or category, etc. To assess the level of qualification of employees, the management of enterprises can conduct certification, including unscheduled. However, the procedure for conducting such certifications should be reflected in the internal documents of the organization. If all employees have equal qualifications and labor productivity, the manager makes a decision on dismissal together with the trade union organization.
Employees also have the priority right to retain their jobs:
The collective agreement may also establish other categories of employees with the preferential right to retain their jobs.
Often people who have reached retirement age also work in Russian organizations. However, age is not the reason for the primary reduction. Article 179 of the Labor Code states that age can also be an advantage for an employee, since it can be an indicator of high qualification and productivity.
It says that pensioners should be provided with all guarantees and payments upon dismissal for reduction. Other interpretations of these legislative norms contradict the principles of equal rights of workers and non-discrimination in the sphere of work.
According to 140, when terminating an employment relationship with an employee, the management of the organization must settle with him and pay all the money due. Payments must be made after the employee submits the relevant request no later than the next day.
If an employee is fired due to a reduction in staff, he necessarily receives a severance pay, the amount of which is equal to the average earnings for the month. Within two months, the employee is paid severance pay for the duration of the search suitable job. This payment can also be made for the third month if the dismissed employee applies to the employment service within 14 days after the termination of the employment contract and does not find a suitable job.
Additional compensation is paid to employees who were laid off without warning and in agreement with the employer. The amount of the payment is determined by the amount of the average monthly earnings, calculated in proportion to the time left before the expiration of the notice of reduction. Pensioners, as mentioned above, are paid all compensation, as well as ordinary workers. The head, his deputies, the chief accountant are paid compensation in the amount of at least three average monthly salaries.
In addition, employees who are dismissed due to staff reductions are entitled to payment for the days worked in the current month and compensation for unused vacation days.
The amount of the severance pay can be disputed. In this situation, the organization pays the employee an undisputed part of the amount. The remaining part is paid on the basis of an agreement between the employee and management or by a court decision.
An alternative to the dismissal of employees for reduction is the termination of labor relations by agreement of the parties. This is, first of all, beneficial for the employer, since he is exempted from paying additional compensation and severance pay, the likelihood of appealing the procedure in court is minimized, there is no need to notify the trade union, the employment service. In addition, the list of those who cannot be fired due to staff reduction does not apply to this procedure.
It is not uncommon for employers to force their employees to resign of their own free will. Thus, the employee is also deprived of severance pay and compensation, which he is entitled to during the reduction.
Employers are liable in case of violation of the rules of the procedure for dismissal of employees in the event of a reduction in the number of staff. In case of violation of the terms of payments, according to Article 236 of the labor legislation, the employer is obliged to reimburse, in addition to the entire amount of money due to the employee, interest amounting to at least one three hundredth of the refinancing rate of the Central Bank of Russia for each day of delay. The same sanctions apply to employers in case of delay in payment of wages. If the employer does not fulfill the obligation to provide the dismissed employees with vacant positions available at the enterprise, this threatens him with a fine of 5-50 minimum dimensions wages in accordance with Article 5.27 of the Administrative Code.
If you were fired for a reduction, what to do? You can contact several authorities. To get started, you can send a written application to the trade union organization of the enterprise. The trade union is obliged to respond to the complaint within a week. A wrongful layoff incident may be reviewed by the Federal Labor Inspectorate and the Attorney's Office. If the labor inspectorate did not reveal violations of the procedure, a lawsuit can be filed. This can be done within a 90-day period from the moment the employee became aware of the violation of their labor rights. If the dismissed employee decides to challenge the termination of the employment contract, the statement of claim must be filed within 30 days from the date of issue of the work book or a copy of the relevant order. Wrongfully dismissed employees do not pay duties and other legal expenses. If a redundancy dismissal is recognized as unlawful, the employee is reinstated at the previous workplace by the body that was authorized to consider the labor dispute. In this case, the employee is compensated for the average wages for the time of forced absenteeism or the difference for the period of low-paid work, as well as moral damage.
Dismissal due to a reduction in the number of employees in an organization can affect everyone. Therefore, it is so important to know the list of those who cannot be fired due to redundancy and who have a preferential right to retain their jobs. These issues are fully regulated by Russian labor legislation. The decision of the employer to dismiss on the basis of reduction can be challenged as in judicial order, and when applying to the trade union, the prosecutor's office, the Federal Labor Inspectorate. Russian labor legislation regulates the rights of a laid-off employee. If you have any difficulties, you should seek the help of a competent lawyer.
You work for yourself, you work, and then once - the boss announces a reduction in staff. Unfortunately, many have faced this situation.
Immediately there are many questions that require clarification. For example, what should be the payments to the employee in case of reduction? What is the legal way to fire an employee? Is it possible to reduce pensioners, pregnant women?
One of the first questions that arise when an employee is laid off is: “What payments do I have?”. Similar situation found in both large companies and small ones. By law, cuts must be announced at least two months in advance.
The employee must sign that he was notified on time. If the employee refuses to sign, then a special act is drawn up. If this rule is not observed, then a person can be reinstated in his position. As soon as the signatures are received, the enterprise is obliged to offer new vacancies that correspond to the specialty of the employee.
When the two-month period comes to an end, terminated labor contract and payments are made to the employee in case of staff reduction. He is given an allowance in the form of an average salary. It is kept for the duration of employment (but not more than two months).
This topic is regulated by article 178 of the Labor Code of the Russian Federation. What she says:
So, what are the payments to the employee in case of staff reduction? First, it is financing in the form of average monthly income. It is paid within 60 days. Secondly, the allowance, which is issued immediately at the time of dismissal.
Thirdly, the manager is obliged to compensate for all salary arrears, as well as unused vacation. Fourth, in special cases, an employee may be credited with a two-week average income. This applies to moments when he does not agree to transfer to another service in cases considered in the legislation. Also, payments to the employee in case of reduction are carried out in connection with:
Here you need to remember that personal income tax is not withheld from the mandatory amounts. The enterprise is obliged to pay monetary compensation both in the event of the liquidation of the company and in case of violations in the preparation of the employment contract (if they were made through no fault of the employee).
Collective and individual agreements retain payments when an employee is laid off. The timing of the issuance of all due money is limited to the last day on which the employee is still registered with the organization. If there was a delay in payments, then for every day they are charged interest not lower than 1/300 of the refinancing rate of the Central Bank of the Russian Federation.
Fact illegal dismissal often found in Everyday life. The employer wants to save his money and can play on ignorance labor laws. The one who was reduced, having collected evidence of a violation of his rights, can always file a lawsuit with the court. Deadline - thirty calendar days from the moment of receiving a copy of the dismissal order or the issuance of a work book. good reasons Delays in applying may increase the time it takes to accept a claim. Also, the reason for filing a lawsuit is the refusal to pay interest on the delay in the compensation due to the worker.
If the manager decides to reduce the staff of employees, then a number of rules must be observed:
Based on article 261 of the Labor Code, a pregnant woman cannot be reduced. In the case of her work fixed-term contract the enterprise is obliged to extend the agreement after the expiration of this period. A woman will only need a medical certificate confirming her position.
But it can be reduced in the case when it was registered with the organization during the absence of the previous employee, and there is no possibility of transferring to another vacancy. Also, women who have children under three years of age, and single mothers with a child under 14 or a disabled child under 18 are not subject to dismissal.
There is one caveat in the field of education. As for the reduction of teaching staff of educational institutions, this action is possible only after the end of the academic year.
Let's take the following example. The employee began his career on 09/01/07 and was made redundant on 04/23/09 (received a notification from his superiors). He retired on June 24, 2009. For 12 months, the amount of salary amounted to 126 thousand rubles. Start labor activity in new organization- 05.09.09. We calculate the average earnings, the amount of benefits and compensation for unrealized vacation.
So, what is the procedure for payments when an employee is laid off?
First, we will calculate the due allowance. To do this, we divide the entire amount of the salary by 12 months and by the number of working days. We get an average earnings per day - 357.14 rubles. We multiply this figure by thirty calendar days and get 10,714.2 rubles.
Secondly, we calculate the amount that will be paid over several months. Since the employee in the first of them did not get a job new job, then the amount of the severance pay goes towards the retained average income. At the same time, the obligatory payment of average earnings during the second month is carried out. The amount of the benefit will be 11,071.34 rubles (average daily earnings are multiplied by 31 calendar days). There will be no payments for the third month, as the employee got a job in a new organization.
Thirdly, we will calculate the allowance for unused vacation. Based on the fact that the employee worked for ten months, compensation will be paid for 23.33 days. 28 vacation days multiply by the number of months worked (10) and divide by their number in a year (12). Multiplying the resulting figure by the average daily earnings, we get the entire amount of payments - 8,332.08 rubles.
Article 180 of the Labor Code says that employees of organizations are notified of the reduction two months before it. In the same article there is a paragraph that says that the boss, in agreement with the subordinate, can terminate the employment contract without waiting for the declared date. All payments in case of early reduction of the employee are saved. But he will lose compensation if the basis for terminating the contract is a message about dismissal of his own free will. So for it to happen early reduction with all legal payments, you must do the following:
Compensation payments for the reduction of an employee are not made if the application says "I ask you to dismiss me of your own free will." Or there is a letter from a new leader with a request to be transferred to another organization. If the application states “I ask you to dismiss me in connection with the reduction of my position before the expiration of the term,” then the employer’s consent will be required.
Since it is beneficial for the employer to dismiss the employee of his own free will, the latter may be psychological pressure. And this is a reason to go to court. Coercion to write a statement will need to be proven. When considering a labor dispute, the court pays attention to the following points:
If the court finds the termination of the employment relationship illegal, then the manager is obliged to reformulate the grounds for dismissal, as well as to make all payments to the employee upon reduction. It is also possible to be reinstated in the previous position with monetary compensation for forced absenteeism.
When laying off a retired employee, the following payments must be made:
The employee has the right to submit a sick leave to the manager or to the territorial body of the Social Insurance Fund within thirty days from the date of termination of the employment relationship. Sick leave paid at a rate of 60% of the average income of an employee.
According to Article 79 of the Labor Code, this type of contract is liquidated at the end of its validity period. The supervisor must inform the employee within three days and must be in writing. Seasonal workers must be notified seven days in advance. They are also entitled to an allowance in the amount of two weeks of the average wage. If the contract after the expiration date was reissued as open-ended, then the employee is subject to dismissal on a general basis.
During a number of measures to reduce the state or number of employees, many issues may arise that need to be addressed in accordance with the procedure and conditions for the dismissal of employees. The most common questions are: how is the dismissal of an employee due to a layoff carried out? How and what payments are made? What is the role of elected trade union bodies?
Dismissal of an employee in connection with a reduction in position occurs in a certain order
Indeed, dismissal due to job cuts - difficult process which happens in a specific order. So, the main issues of downsizing and laying off employees.
According to general rules, staffing and structure of the firm are determined by the organization itself. Therefore, the staffing table can often change depending on the wishes of the manager, the need to reduce costs or increase profits.
When resolving claims for the reinstatement of employees with whom the employment contract was terminated due to changes in the staffing table, the reasons for the reduction in position are clarified in court.
The same applies to whether the downsizing order has been followed. Otherwise, the employee has the right to sue the employer.
The fact that the redundancy procedure was carried out in accordance with all the rules will be confirmed by the relevant documents:
This data will allow the court to figure out whether the layoffs really took place and what opportunities were provided to employees (vacancies or transfers, generous compensation payments, etc.).
Who is fired first in the event of a layoff?
When a decision is made to reduce the number or staff of employees, before reaching the working people, it is necessary to liquidate vacancies. Only after that it is possible to make reductions at the expense of employees.
It should be noted that the candidacies of employees to be dismissed for reasons of staff reduction are determined by the administration with the participation of the trade union. The rules for dismissing an employee from a position must be carried out exactly in accordance with the legislation and the Labor Code of the Russian Federation. Each candidate must be considered individually. In this case, the opinion of the structural unit in which the employee works should be taken into account. Not everyone has priority to stay at work
According to Article 34 of the Labor Code, they are left at work with a reduction in the number of workers with higher qualifications and labor productivity.
Business and personal qualities are also taken into account. The right to evaluate the business qualities of employees is granted to the head of the organization. At the same time, various information is taken into account that characterizes them both from a professional and personal side:
Also, the manager has the right to appoint a human resources specialist to assess employees. This will allow you to judge employees unbiasedly and choose from the point of view of professionalism, and not personal preferences. So, the priority is given to such categories of workers:
These categories of people who have the pre-emptive right not to be fired upon reduction are absolutely equal. There are no other categories of beneficiaries provided by the state. However, if a beneficiary fits into several categories, he has more reasons to stay at work than others.
According to Article 40, Part 2 of the Labor Code of the Russian Federation, during the release of employees due to staff reductions, the benefits provided for by the collective agreement, if any, may be taken into account. It should be noted that this right can be exercised after the administration has considered all preferences for staying at work.
The reduction of positions is carried out in order to optimize the work of the organization and more rational staffing of qualified personnel. That is why the administration is trying to choose the best workers to keep them in the organization.
If there are grounds for reducing the position and the order is signed, a valuable employee can be transferred to another vacant position. Yes, by decision Supreme Court RF, the administration, in the event of measures to reduce the staff, may reshuffle employees within homogeneous positions in order to leave a more qualified specialist to work. However, since 1998, there has been a law according to which it is impossible to dismiss a redundant worker if his position is retained in the staff list.
The Labor Code considers layoffs to be completely legal. However, it should be noted that not all employees can be easily fired. Thus, pregnant women, as well as employees with children under the age of three, cannot be considered as candidates for dismissal. Also, employees with disabled children, single mothers with young children are not subject to dismissal. Some other categories of employees cannot be dismissed in accordance with Article 170 of the Labor Code of the Russian Federation. It does not matter whether these persons are on vacation or working during the downsizing period.
The exception is the complete cessation of the existence of the company. In this case, all employees are subject to dismissal, regardless of privileges and rights.
Dismissal as a result of a reduction in the number of employees or staff can be carried out if the employee to be dismissed does not have the advantage of being retained in the position in comparison with other employees, with the same labor productivity and qualifications. Also, an employee is subject to dismissal if he falls under a reduction if he cannot be provided with an alternative job.
After the candidates for reduction have been considered, the list of employees to be laid off has been drawn up, the administration must offer the employee to take another vacant position during the reduction. According to Article 40 of the Labor Code of the Russian Federation, an employee must be offered another job at the same time as the notice of being laid off and the upcoming dismissal. Also, no later than a couple of months, the administration is obliged to bring to the attention of the employment service data on the dismissal of employees. In this case, it is necessary to submit data for each employee indicating:
Simultaneously with the employment center, it is necessary to notify the trade union of the mass reduction.
The form of the order to reduce the position must be prepared. After that, all employees should be notified by placing an announcement on the stand. Whether employees are laid off or not, they need to be aware of the upcoming layoffs.
Each employee is warned individually against signature about the upcoming dismissal two months earlier. In case of refusal to sign a paper with a warning, the head or administration draws up an act with the signatures of witnesses, which will record and confirm that the employee is familiar with the document.
The administration can notify the employee of the upcoming calculation during his illness or vacation, however, the employee can be fired only after he returns to work. After the notice of dismissal, the specialist is obliged to work for the remaining two months in compliance with all internal regulations. In case of violations of labor discipline, an employee may be dismissed earlier under an article “unfavorable” for his future career.
The terms of the notice of dismissal are set in the interests of the employee, so he can apply to the administration to shorten the term if he has found another job and wants to begin his new duties. If the administration does not insist that the employee continue to perform duties, he can be calculated ahead of schedule upon application with the provision of all guarantees and compensation payments.
It should be noted that the application for early dismissal must be drawn up correctly. Otherwise, the employee may be dismissed "of his own free will" and deprived of all the privileges that he is entitled to.
If the dismissal of an employee on vacation falls on the day of his absence, then he may be dismissed later, when he arrives at work at the end of the sick or recreational leave.
If the existing positions are not offered upon dismissal, it is imperative to draw up an act indicating the absence of alternative vacancies. Otherwise, the employee can challenge the legality of his dismissal in court. It is also necessary, if possible, to provide a transfer to another city for a similar job or offer all vacancies, including those that are below the qualification level of the employee or have lower pay.
Only after the employee refuses to take advantage of the boss's proposals, it should be calculated. It should also be noted that all vacant positions should be provided for consideration of the employee in order to avoid problems in the future.
Most best option layoffs in case of reduction - transfer to another place. When the position is reduced, the terms of dismissal do not allow the employee to leave, because otherwise he will have to take the place of another person, which is not lawful. Although earlier the law provided that the administration could leave employees with the highest qualifications and labor productivity in the organization and form a staff from them, now these actions are illegitimate. Employees must be aware of all staffing changes.
The rules for dismissing an employee from a position must be carried out exactly in accordance with the legislation and the Labor Code of the Russian Federation
It is possible to dismiss under article 33 of the Labor Code of the Russian Federation only if it is impossible to transfer or if the person does not agree to work elsewhere. The contract was concluded between the employee and the organization, so all vacancies that are available in the organization, and not just in structural unit where the employee worked.
It is worth noting that the employee does not have the right to demand any position that interests him in this organization. During the conclusion of the TD, he entered a job corresponding to his education and qualifications. Based on this, he can be offered a position corresponding to qualifications.
In the absence of suitable vacancies, the administration is obliged to present the employee with a lower-paid job in the specialty. The management is obliged to select and offer positions to the dismissed employee during the entire period from the notice of the reduction to the day of calculation. In the event that the case comes to legal hardships, and it turns out that the administration did not offer the employee an existing suitable vacancy, the dismissal will not only be recognized as unlawful, but the organization itself will have to pay the plaintiff:
This body protects the rights of workers and controls the legality of the actions of the administration regarding him. Representatives of the trade union committee answer questions about job cuts and layoffs, and also check whether the article under which the employment contract is terminated in these cases is the same.
An employee can be fired only with the permission of the trade union body. This rule applies to union members. This body has no powers in case of dismissal:
If the trade union body does not allow the dismissal of the employee, then this decision is brought to the knowledge of the administration. Further, consultations of the trade union committee with the management of the company will be held, as a result of which either the employee will be left at work, or the case will be decided in court.
On the day of dismissal, the manager is obliged to issue a work book to the employee. The dismissed person must fill out the forms, which will later be transferred to the archive. In the event of a delay in the issuance of labor due to the fault of the administration or the boss, the employee will receive compensation in the amount of the average earnings for the time of "truancy", in accordance with articles 39, 98, 99 of the Labor Code of the Russian Federation.
If undesirable consequences for the employee are associated with the delay in the issuance of the work book (the fault of the employer), he has the right to demand from the administration of the institution to change the date of dismissal. In case of refusal, the employee may apply to the court.
What is paid upon dismissal to reduce the position? First of all, as in any case of layoffs, settlement must be paid. They consist of the following components.
All guarantees and compensations are provided to the employee in accordance with current legislation. In this case, the reason for the reduction does not matter at all:
In the event of termination of the contract between the employee and the manager due to the reduction of the position, the employee is entitled to the following payments:
Payment of settlement money is carried out at the place of employment. It is provided upon presentation by the employee of the work book. In order to receive further material payments, it is necessary to register with the employment service as temporarily unemployed. If the break in work did not exceed three months, the employee retains the right to receive continuous seniority.
Form of notice of reduction of position is a mandatory element of any reduction
If the laid-off employee applied to the employment service on time, he can count on an extension seniority in the future, for the period of receiving a scholarship or unemployment benefit in the performance of paid public works.
Keeping the length of service uninterrupted is important for a person who wants to find a job. In addition, it is this indicator that will determine the amount of payments in connection with unemployment. This can help in the future with wages (percentage allowances, lump sums based on seniority, etc.).
If a dismissed employee, when contacting the employment service, was refused assistance, then he may be assigned early retirement(only with his consent). It is assigned on the condition that the employee has the required length of service for retirement due to old age (this also includes receiving preferential payments as an addition to the pension). The employee is guaranteed, even after dismissal, the preservation of the queue for housing and the opportunity for his family to use children's and medical institutions.
It should also be remembered that in the event of dismissal due to a reduction in position, the employee has the right to spend his legal leave. If the director cannot provide the dismissed employee with leave, this will have to be settled financially. So, the first thing to do is to provide compensation in the form of a material bonus corresponding to the size of vacation pay.
During the vacation period, “healthy” allowances are accrued, so the employee can receive partial cash payments. It should be noted that dismissal implies unemployment in the future, therefore material compensation in the amount of average wages for two months will also be provided.
What rights do employees laid off as a result of staff reduction have, and what are the advantages of this type of dismissal.
Reduction of staff is a reduction in the number of employees at the initiative of the management of the enterprise. Typically, an employer cuts staff when it is unable to pay their wages. This happens all the time during financial crisis, but even in calm times you can fall under the reduction.
The employer is obliged to warn employees about the upcoming reduction at least two months before the dismissal, and in writing and against signature.
The employer does not have the right to reduce:
pregnant
women with children under the age of 3
single mothers raising a child under the age of 14 or a disabled child under 18
The redundancy dismissal procedure is not easy, and employers often make mistakes: they fire those who are not allowed, they draw up documents incorrectly, they violate the terms of the warning ... In any of these cases, you can go to court and reinstate your job. But, if you, under pressure from the boss, quit of your own free will, you won’t have to count on recovery.
Layoff is considered one of the most profitable - for the employee, but not for the employer. The law obliges him to pay damages to the laid-off employee, or rather, to pay compensation. And in order not to pay compensation, employers, reducing staff, often ask their subordinates to write a statement of their own free will.
If you understand that in fact you are being prepared for a reduction, it is in your interests to prevent a staging with " own desire”, and to achieve compliance with the entire procedure for dismissal to reduce staff. In this case, the employer will be required to do the following.
Offer you another free position in your company. If your qualifications are higher than required, the employer is obliged to make such an offer, but if it is lower, alas.
If you refuse the offered position, the employer is obliged to compensate you for material damage from the loss of work.
Firstly, the law guarantees you at least one month of comfortable existence at the expense of the former employer. After you leave, you should be paid a severance pay equal to your average monthly salary.
Secondly, if you did not get a job within a month, you should be paid the average salary for the second month as well.
Thirdly, in a certain case, you will be able to receive a salary for the third month after dismissal. To do this, you must register with the labor exchange for employment within 14 days after dismissal. If within three months from the date of dismissal, the exchange does not select for you another job that matches your qualifications, the administration of the exchange will oblige your former employer to pay you another salary. However, it is important to understand that the third salary will be paid to you only if the exchange really does not find a job suitable for you. If you simply refuse vacancies that suit you, you will not only not receive a third salary, but you can also fly out of the labor exchange.
BY THE WAY
If, after the reduction, you enter the labor exchange on time, within three months after the dismissal, you will be kept uninterrupted work experience.
The day of dismissal is considered the last day of work. It is on this day that the employee should be given money and documents, in particular a work book. If the employer violates the terms, you have the right to sue him. Then, in addition to the calculation, you will receive monetary compensation for each day of delay. However, usually one hint of a complaint in Labor Inspectorate it is enough for the employer to pay the employee, as expected.
There is an opinion that employers do not like to hire people who have been laid off for redundancy. Say, if you were fired on a reduction, then you were the least valuable employee.
In fact, this is nothing more than a fairy tale invented by employers who do not want to pay severance pay to people laid off on a reduction. After all, this is a big expense for the organization. As for the new employer, your work experience and desire to work will be much more important for him than the reason for dismissal.
In order not to be among the dismissed, try to adhere to some rules:
In order to demonstrate to the management your industriousness, you will have to work tirelessly. You will have to stay at work if you are asked to finish something or do something that is not your job. If you want to keep your job, you have to accept any job. It is hoped that you will be chosen from the two employees.
If earlier you could afford to be late for work or stay late for lunch, now you should not do this. All this is a reason to find fault with you and fire you.
Think about what exactly you did for the company: you signed an important contract, overfulfilled the plan more than once ... And unobtrusively mention this at every opportunity in conversations with colleagues and with management. No need to be modest, now it's useless. Bosses don't have to remember the accomplishments of all employees, and it's good to remind them how valuable you are to the firm.
Having learned that layoffs are coming in the company, you should not pay too much attention to this fact, and even more so, come to the authorities to put pressure on pity, or whisper with colleagues on the sidelines. Better devote maximum time to work - the authorities will appreciate it.
Hot temper, inflexibility, conflict - these qualities will not play into your hands during a crisis at work. It’s hard for the leader now no less than for the subordinates. And no one wants to waste their nerves on an obstinate worker. Try to curb your character and make it comfortable to work with you. At work, be calm and friendly. With all your appearance, show that you know your business and this is the main thing for you.
