Rights of an employee who has been laid off. Personnel documents are filled out with errors

You can't protect yourself from troubles. And even if today you are confident that you are appreciated at work, and you are not in danger of being fired, then tomorrow the crisis and the affairs of your company may turn in such a way that you will be left out of work.

What do you need to know if you suddenly find yourself under redundancy? What legal information can be useful for you so as not to lose what you are legally entitled to?

The first thing you should know is that the employer must notify you of staff reductions and your subsequent dismissal no later than two months in advance, by individually notifying you in writing. Otherwise, you have the right to apply to the court and demand your reinstatement at work.

True, having won the case in court, you are unlikely to be able to work normally in your previous place, but in this way you will be able to obtain compensation in the amount of wages for the entire period of “forced downtime”, that is, from the moment of illegal dismissal until the court decision is made.

What else are you entitled to if you have to give up your job due to staff reductions? On the day of dismissal, the employee must be paid all amounts due to him and given a work book.

According to the law, when reducing the number of staff, the employer is obliged to offer the candidate for reduction any vacancies that are available in the organization, and they may be either requiring less qualifications or with a lower salary.

Unfortunately, some unscrupulous employers use this for their own selfish purposes; they offer an employee a obviously worse and unattractive position, hoping that the person will refuse it.

In this case, this employee is explained that the requirements of the Law have been met, and if the provided vacancy does not suit him, then he can apply at his own request. If this happens in your case, do not rush to write such a paper. You need to write a statement refusing to be transferred to another position offered in connection with staff reduction, since in the event of voluntary dismissal, the employee loses the right to decent payments.

What payments are we talking about when terminating an employment contract with an employee due to staff reduction?

Severance pay in the amount of average monthly earnings, which is determined based on earnings for the last twelve months.

Average earnings are retained for up to two months. This time is given for employment in a new place of work (in exceptional cases the period is extended to three months) Article 178 of the Labor Code of the Russian Federation. If this cannot be done in this case, then after the deadline has expired, the employee joins the labor exchange.

Cash compensation for all unused vacations. It can be demanded for those days that the employee did not have time to take time off during vacation for the entire period of his work in this organization, starting from 2002 (this is the time when the current Labor Code of the Russian Federation, providing for such compensation, came into force).

Some categories of workers have a greater chance of remaining in their current place of work even in the event of a significant reduction in staff. For example, it is impossible to dismiss pregnant women, women with children under three years of age, single mothers raising a child under fourteen years of age or a disabled child under eighteen years of age, in accordance with Article 261 of the Labor Code, due to a reduction in numbers or staff, and other persons raising such children without a mother.

If employees have the same labor productivity and qualifications, then preference for staff reduction will be given to those who have a family in which two or more disabled members are dependent on it, if there are no other employees with independent earnings in the family; an employee who, while working at a given enterprise, received a work injury or “earned” an occupational disease, someone who improves their qualifications in the direction of the employer on the job.

If the employer dismisses employees who are on vacation or on sick leave, then his actions will also be considered illegal.

You should also pay attention to whether the new staffing table includes the position you previously occupied. If she is present there, then it is absolutely impossible to fire him on this basis.

What an employer should do in the event of a layoff is written in detail in Art. 81-82 of the Labor Code of the Russian Federation. You must notify employees of the upcoming layoff no later than 2 months before the date of dismissal. In some cases, the notification period can be up to 3 months. Moreover, employees must be notified in writing and against signature. In addition, you must submit information about the upcoming layoff to the employment service authorities and the representative body of workers (trade union), if it has been created and operates at your enterprise

In the event that the basis for staff reduction is the abolition of positions or vacancies, draw up and approve a new staffing table. These measures will allow you to legally formalize the layoff and protect yourself in case employees try to challenge it in court.

As for the employee, you can challenge the employer’s decision in case of violation of the above points of the regulations or in case of failure to pay the required salary for two months. If you do not find a job during this period, your former company will be obliged to pay you a salary for the third month of forced idleness.

Cash payments and due compensation must be accrued and issued to you on the last day of work. In the event that you were no longer working that day, the money, according to Art. 140 of the Labor Code of the Russian Federation, you are required to pay in full the next day after applying for them. The total amount includes: salary for the last month of work, compensation for unused basic and additional leave, severance pay in the amount of average monthly earnings. The average earnings are retained by you for a period of no more than two months from the date of dismissal for the period while you are looking for work.

On your last working day at this enterprise, you should also receive a work book in which your dismissal will be recorded, and all your other work-related documents. After receiving the calculation, apply for further compensation payments only to the territorial employment service.

In this case, the dismissal of an employee occurs at the initiative of the employer and occurs as a result of a reduction in staffing positions or positions at the enterprise and is regulated by Article 81 of the Labor Code. Let's look at the step-by-step procedure, the compensation due to the employee and some of the nuances that may arise. We will also determine which categories of citizens fall under this formulation and which do not.

General concepts

Downsizing is a fairly legal tool that an employer resorts to when wanting to “optimize” its workforce. But in turn, this can cause a number of problems and additional financial burden for the employer, so they often resort to the trick - “you were laid off, write a statement on your own - this wording is better.” It all depends, among other things, on the initiator of the process.

Of course, all actions during such dismissal must be observed in accordance with the law and deviations from it can cause problems for the organization. Therefore, it is in the employer’s interests to do everything right so that the employee does not go to court.

The employee has the preemptive right not to be laid off

It is worth noting an important point that when forming a list of employees, certain categories have an advantage:

• During the period when the employee is on vacation
• In case of temporary disability
• It is prohibited to fire the following employees: pregnant women and women who have a small child under 3 years of age
• A single mother who is raising a child under 18 years of age who is disabled or a minor under 14 years of age
• An employee with higher performance indicators and qualifications should be retained.
• If the choice fell on employees who are in equal positions, then priority is given to family employees who have 2 or more dependents; in whose family there are no other persons with independent income; received an occupational disease or work injury from the employer; participants in hostilities or WWII; workers who improved their skills without interruption from production.

Attention! If such requirements are not met, the employee may contact the labor inspectorate. After compiling the list, the employer must perform the following actions, which we will describe step by step.

Dismissal due to staff reduction step by step instructions

Step 1. Issuing an order to carry out reductions

For the legality of actions it is necessary to issue an order. For understanding, we note that the dismissal order and the order to reduce staff are different documents. The form of the order to carry out staff reduction measures does not have an approved form, however, its preparation requires a responsible approach. It must reflect the date of reduction and reflect changes made to the staffing table. A new approved staffing table will also be required.

Step 2. Notifying employees, offering other vacancies

According to the rules of the Labor Code, the employer is obliged to notify the employee 2 months before the reduction of staff, number of personnel, or in the event of liquidation (bankruptcy) of the company. Based on the decision made, a new staffing table and an order are issued, which is communicated against signature to each employee who has been laid off.

In the event of reorganization or reduction, but not liquidation, the employer’s responsibility is to offer employees who have been laid off all vacant positions corresponding to their experience and qualifications (clause 3 of Article 81 of the Labor Code). But in practice, the organization simply “forgets” about this, and employees simply do not know about it.

Important! The employer must, as vacancies arise at the enterprise, offer them to those being laid off until the appointed day of dismissal.

Upon receipt of a notification regarding the proposed vacancies, the employee has the right to accept such a place or not. In the first case, the employee is transferred, and in the second, the employee is fired.

Important! If the employer did not offer employees other vacancies, then such a reduction may be recognized as illegal.

Step 3. Notification of the trade union organization and employment authorities

If there is a trade union organization, it must also be notified of the reduction taking place. The issue of timing was controversial for some time, but according to definition No. 201-O-P, which was issued on January 15, 2008, the timing was determined - to notify 2 months before the date of layoffs, in the case of mass actions - 3 months.

The opinion of the trade union organization must be sent to the employer within 7 days, otherwise it will not be taken into account. If the trade union does not agree on the fact of dismissal, consultations must be held within 3 days, and they should be recorded. If consent to these actions and agreements was not reached within 10 working days, the employer has the right to make a final decision on the reduction.

By the same principle, it is necessary to notify the employment service. Notifications were approved by government decree as amended No. 1469 dated December 24, 2014 - in case of layoffs at the enterprise, 2 months in advance (download the notification form, according to Appendix No. 1) or in case of mass layoffs, then 3 months in advance (download the form, according to Appendix No. 2).

Step 4. Order of dismissal

To finally initiate dismissal, it is necessary to issue an order in the T-8 form. In this case, in the “grounds” column, you should indicate the reason for dismissal - due to staff reduction. After this, the order must be signed by the director and also, after review, signed by the employee.

Step 5. Entry in the work book

Next, you should enter the appropriate wording into the work book, in which you should display the reason - reduction, referring to the article of the Labor Code. For example, “The employment contract was terminated due to a reduction in the organization’s workforce, clause 2, part 1, art. 81 Labor Code of the Russian Federation."

Step 6. Entry in the labor record book and employee card

Simultaneously with the issuance of a work book to an employee, you should obtain a signature from him in the journal for issuing work books. And then you need to enter data into the employee’s personal card - the date of dismissal and the reason.

Step 7. Dismissal due to staff reduction and payment of benefits

Let's look at what benefits and payments are due to an employee. It is the fulfillment of obligations under this clause that pushes the employer to negotiate with the employee, and sometimes even intimidate him, into writing a statement of his own free will. Payments are regulated by Art. 178 TK.

Upon dismissal due to staff reduction, the employee is entitled to severance pay, which is the amount of one average monthly salary, and the average monthly salary is also retained for the period of his employment, not exceeding 2 months. Upon dismissal, the employee is given a certificate of his average monthly earnings (including the amount of severance pay). If the employee is not employed within 2 months, the organization is obliged to pay the employee for another 2 months.

To receive these compensations, the employee must register with the employment service. In exceptional cases, by decision of the service, the employee may be paid for the third month. To receive the payment, the employee must provide the employer with his or her work record book, which contains no employment records, including an application. Payments are made after 2 months from the date of dismissal.

Read also: Maternity leave of the Russian Federation Labor Code

In addition, the employee is due standard payments - compensation for unused vacation (if any) and along with it a calculation for days worked.

There is also early dismissal of an employee if he signs a written consent. In this case, he is paid ahead of schedule all payments due, including for the period before the end of the work period.

After signing the documents, the employee must be paid on the last day of his work.

Appealing actions by an employee in court

In case of unlawful actions, the employee has the right to sue and appeal the decision. To do this, within a month from the date of receipt of a copy of the dismissal order (or receipt of the work report, or from the date of refusal to receive the order or work report under Article 392, Part 1 of the Labor Code), it is necessary to submit an application to the district court to recognize such dismissal as illegal, as well as to impose a penalty from the employer during his absence the amount of average earnings.

By a court decision, the employee may be reinstated at his previous place of work and may also be able to recover an amount of compensation in his favor for the time he was absent. In particular, they can change the wording according to which the employee was dismissed to dismissal at his own request (Parts 3, 4 of Article 394 of the Labor Code), as well as award moral compensation.

You might also be interested

An article on the liability of employers in case of delay in payment of wages.
Dismissal by agreement of the parties, pros and cons.
Dismissal for absenteeism step by step instructions.
Dismissal at your own request.

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Employee rights upon redundancy

Recently, downsizing has become a fairly common procedure. This is due to the employer’s desire to make the enterprise more efficient. However, in this case, ordinary workers may suffer. Having poor knowledge of the law, not all of them know the rights of an employee during layoffs. Many are afraid that, taking advantage of this, the administration may violate the guarantees provided to the laid-off employee and not make all the necessary payments.

Everyone needs to know the rights of an employee during redundancy.

Employers, in turn, strive to fully respect the rights of those dismissed due to staff reduction, to complete all the formalities of dismissal of this type, so that the subsequent dismissal cannot be considered illegal. After all, this may entail additional financial losses for the employer, such as paying for forced absence.

Main steps

High-quality preparation for the reduction is also necessary to retain in the company the employees necessary for the smooth and effective operation of the organization. Mistakes, insufficient planning and downsizing can result in both serious financial losses and significant administrative and legal consequences.

What actions should a company take before announcing a planned workforce reduction? It depends on the internal situation at the enterprise:

• reasons why this decision was made (decrease in production volumes, liquidation or bankruptcy of the company, cost reduction, etc.)>
• what is the general financial situation in the company (is it possible to pay compensation, pay for retraining, provide employment for laid-off employees)>
• Is there a trade union organization in the company?

The role of the trade union committee

If there is a trade union at an enterprise, it, as a rule, strives to fully protect the rights of workers. Elected trade union bodies have certain rights:

• monitor compliance with the procedure for staff reduction measures>
• make proposals for changing the approach to reductions, optimizing the ongoing dismissal process, and so on.

What does the Labor Code say?

An employer has the right to dismiss an employee due to staff reduction only when:

• there is no possibility of its translation,
• with his consent,
• to another position (possibly with retraining).

The employer can offer the employee not only positions that correspond to his specialty and qualifications, but also other work that the employee can perform taking into account his existing education, health status and practical skills. If the employee agrees, the employer arranges his transfer to another position. If an employee refuses the work provided for another position or if the administration does not have the opportunity to provide another job, then dismissal occurs due to staff reduction under the Labor Code.

Employees not subject to dismissal

However, not every employee can be fired due to staff reduction. The workers themselves and the trade union organization must carefully ensure that employee rights are not violated during layoffs. Some employees cannot be dismissed on the following grounds:

• women with children under three years old>
• pregnant women>
• single mothers with children under 14 years of age (if the child is disabled, then up to 18 children)>
• a man who is on parental leave instead of his mother>
• a man raising children without a mother (in the event of her death, deprivation of parental rights, long-term stay in a medical hospital for more than 1 month, other reasons)>
• an employee who is a guardian of children of this age.

In addition, an employee on sick leave (temporary disability) is not subject to dismissal.

Who is left at work?

There is a fairly extensive list of categories of employees who have a preferential right to remain at work in case of staff reduction:

• workers with higher qualifications, labor productivity>
• family persons who have at least two dependent people>
• employees in whose families there are no other employees with independent income>
• disabled people>
• combat veterans.

Notice of dismissal

The employer must respect the rights of those dismissed due to redundancy

The employer is obliged to warn the employee in writing about his dismissal due to staff reduction at least 2 months before the planned date of dismissal. Before the expiration of this period, the administration cannot dismiss an employee without his consent, otherwise there will be a violation of the employee’s rights during staff reduction.

To restore his rights, an employee can go to court, which can change the date of dismissal. In addition, the employer will be forced to pay the employee the average salary for the entire period of forced absence (starting from the moment of dismissal and ending with the end date of the notice period).

In addition, the employee receives the right to a shortened working week upon notice of staff reduction. After receiving notice of the reduction of his position, the employee has the right to leave the workplace for 4 hours a week to look for work for the next two months remaining before the date appointed for dismissal.

Compensation in lieu of notice

In exchange for notice of dismissal upon layoff, the employee has the right to receive monetary compensation from the employer, which will be equal to two months' average earnings. The administration may offer such compensation during the entire two months for which the notice is issued. However, the amount of compensation will be calculated in proportion to the time remaining before the end of the notice period. In this case, the administration dismisses the employee without waiting for the end of the notice period, at the same time, in the work book in the column “grounds for dismissal” there will be an entry “dismissed due to staff reduction.”

Payment of compensation does not relieve the employer of the obligation to pay severance pay to the employee. The right to accept or not accept this offer remains with the employee.

Compensation and benefits in connection with layoffs

On the last working day, a full settlement must be made with the employee and all benefits and compensation due to him must be paid. If the employee did not have a working day, then all funds must be paid after the employee applies:

• salary per month worked>
• severance pay (equal to average monthly earnings, paid for two months)>
• if an employee has not used his vacation before the date of dismissal, he receives compensation for vacation days.

The right to leave upon dismissal due to staff reduction implies receiving regular or additional leave. But in this case, he will be deprived of the right to compensation, and the dismissal procedure will continue after he returns from vacation.

In addition, other payments or increases in severance pay are possible, which are provided for in the labor or collective agreement.

Read also: Accounting for work books in accounting postings 2019

If the layoff falls on vacation

Employee rights in case of staff reduction can be found in the Labor Code of the Russian Federation

According to the labor code, during vacation the employee is relieved from performing official duties, and therefore from the obligation to carry out any orders of the employer. An employee has the right to rest during vacation. He shouldn't be looking for a job. For this purpose, a notice period is provided, which is a measure aimed at minimizing the consequences of job loss.

Since the loss of a job caused by dismissal due to staff reduction is not due to the employee’s fault, it is fair to recognize the employee’s right to demand that vacation time not be included in the notice period for dismissal. Otherwise, the employee’s right to rest is violated.

There is no direct prohibition in the law from notifying an employee about the dismissal procedure during the vacation period. Therefore, the employer may try to take advantage of this, thereby harming the interests of the employee.

Since the vacancy situation may change significantly during the notice period, an employee who has been made redundant while on leave may be able to apply for new positions that have appeared. In addition, while an employee is on vacation, the company is forced to limit itself in hiring other employees, since the corresponding positions must first be offered to the dismissed employee, and there are insufficient grounds for recalling him from vacation.

Reduction at work: employee rights

September 5, 2016

Dismissal of employees due to staff reduction is a long and very responsible process for any employer. Because it involves notification of persons subject to layoff two months before the date of its implementation, as well as payment to them of all due funds, which must be issued on the last day of work. In addition, the employer must offer available vacancies to this category of subordinates, and also not allow the hiring of new people.

Preparing for downsizing

Before carrying out layoffs due to staff reductions, the employer must fulfill several conditions:

- change the existing staffing table or approve a new one, which would show the impossibility of expanding the staff beyond the positions assigned to it;

- notify subordinates about this 2 months in advance;

- offer workers other vacancies that are available in the organization;

— notify employment authorities within the period specified by law.

If a citizen already knows in advance that there is a layoff at work and that he is subject to it, then he can immediately discuss this issue with his manager. After all, you can receive all the necessary payments earlier than two months and quickly find a new vacant position, if, of course, you can’t stay in your current position.

Laying off due to redundancy is expensive

In reality, dismissal of employees due to staff reduction is not only a time-consuming, but also not a very cheap procedure. The boss needs to pay people not only wages and compensation for vacation that was not used, but also severance pay for two months. In addition, if a citizen, after being laid off, registers with the employment center no later than ten days from the date of his dismissal and is not employed, then in this case he will receive a cash benefit from the previous manager for the third month. That is why many employers try to make their subordinates subject to voluntary dismissal. Then you won’t have to pay them so much money.

If there is a layoff at work, but the boss still forced the unwanted employee to leave of his own free will, such dismissal can be appealed in court. Only for this you will need testimony and documentary evidence of this fact. Otherwise, it will be simply impossible for a subordinate to be reinstated at work and receive all the money due.

Notification

The manager warns the employee about the upcoming layoff 2 months in advance. The notice is drawn up in writing and handed to the person against signature. Otherwise, the employee will not be considered aware of the upcoming dismissal, which may subsequently cause his boss big troubles, even leading to litigation.

In a situation where there is a layoff at work, the employee’s rights should not be infringed by his boss. The latter is obliged to offer the former all available vacancies, which may be specified in the notification itself.

The redundancy notice looks like this:

00.00.00 _______________

Dear __________________ (employee’s full name)!

We notify you that due to staff reductions, the position you hold _____________ is subject to reduction __________ (the number taking into account two months from the specified date of notification).

We offer you a choice of available vacancies ______________ (name of vacancies). If you agree to work in a different position, please inform the HR department of the organization (name) to the HR specialist in writing before the expiration of a two-month period from the date of receipt of the notification.

Sincerely, Director of LLC ________________ (signature transcript).

From the moment the subordinate was notified of the upcoming reduction, a two-month period begins to expire, after which he is subject to dismissal with all payments due to him, unless, of course, he agrees to another proposed vacancy.

When dismissing a person on the basis of clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, the manager must pay him in full and pay:

- Salary for the entire period of work.

— Compensation for vacation if it was not used. If the employee has already been on vacation, but the period has not been fully worked out, then in the event of a reduction, deductions from his salary are not made for this.

— Severance pay in the amount of two months’ earnings. If, after dismissal, an employee applied to the employment authorities, but was not employed, he retains this earnings for the 3rd month. In this case, you need to provide the former management with your work book or a certificate from the employment center that he is registered with them.

Full payment to the employee must be made on the last day of his work, otherwise this will be a violation of Article 140 of the Labor Code.

Right to keep your job

If there is a layoff at work, then only those persons with the highest labor productivity and qualifications have a priority right to retain their jobs.

In the case where all employees have the same productivity and high qualifications, preference should be given to the employee who:

- has two or more dependents for whom the salary of this person is the main source of subsistence;

- is the sole breadwinner of the family if none of its members has a job or other income;

- received an illness while working or another serious injury in this organization;

- is a disabled person during the Great Patriotic War or a disabled person who was injured during the defense of the Fatherland;

— improves his level of education in the direction of management without interruption from work.

Paperwork

After all the measures taken related to dismissal due to staff reduction, the moment comes when the employee must be given the work book and all the payments due. After this, he must sign the order confirming this fact.

When preparing an order, the organization’s personnel specialist must indicate in it the exact wording of the grounds for dismissal, indicating the paragraph, part and article of the Labor Code. After this, fill out the work book, put your signature on it and certify all this with the seal of the organization. The entry in the employment record should be as follows: “Dismissed due to staff reduction on the basis of clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation.” Other formulations are not used because the citizen is fired from work due to layoffs and not due to other circumstances.

All documents related to the person’s work activities, as well as all funds due to him, must be issued to the employee on the day of dismissal.

Inadmissible moments

At a time when there is a layoff at work, it is unacceptable to accept new people into existing vacant positions. This would be a serious violation on the part of the manager, since he should offer these vacant positions only to persons who are at risk of dismissal on this basis. The level of education of workers does not matter in this case.

It is unacceptable, in the final financial calculation, to deduct from an employee’s salary for annual leave that has already been granted, if 12 months have not been fully worked out.

In a situation where there is a layoff at work, the employee’s rights cannot in any way be infringed upon by management. This primarily applies to timely payments, otherwise the dismissed person may seek protection from the judicial authorities.

Each business owner tries in different ways to optimize the work of his company, which increases labor productivity, the efficiency of each employee and reduces costs, which ensures an increase in profits. In crisis situations or other difficult cases, layoffs are often required. For every employed citizen, such a process is a stressful situation, as he has to deal with the loss of an attractive and well-paid job. Therefore, you should know what rights a citizen has, as well as what responsibilities employers have.

Legislative regulation

Reductions in the work of specialists should be carried out only taking into account numerous legal requirements. This process leads to lower costs for the enterprise, and often improves labor productivity. But the loss of a qualified and experienced professional often leads to disastrous results for the company.

Often, organizations, when their financial condition worsens, resort to job cuts. The rights of all citizens who are subject to this procedure are contained in Art. 180 TK. This legislative act states that the procedure can be carried out only with the preliminary formation of the corresponding order. It states the basis for the reduction of specialists, their position and full name, as well as the date of dismissal.

Reasons for reduction

This procedure is used by many business owners. The most common reasons for this are:

• closure of the company, and in this case all specialists officially employed by the enterprise are dismissed;
• reorganization of the company, so it begins to work in a new direction, which leads to the need to hire new specialists, but past employees become unclaimed;
• The company has financial difficulties, so it is on the verge of bankruptcy and to improve the situation it is necessary to reduce costs, which can be done by reducing labor costs.

For some companies, laying off a certain number of employees is the only option to prevent bankruptcy proceedings, since due to a large staff, labor costs are significant.

The employer must draw up an order, since the reduction is made on the basis of it. This document must contain the real reasons for using this method of severing labor relations with specific specialists.

Employee reduction process

Initially, a decision must be made about layoffs at work. The rights of an employee must be taken into account by every employer, since if they are violated, citizens can contact the labor inspectorate to receive compensation or cancel the layoff.

The procedure itself is divided into successive stages:

• a decision is made by the management team, on the basis of which some positions are removed or specialists are simply replaced;
• an order is drawn up, and it must be issued two months before the actual reduction;
• this document contains information about all citizens with whom the contract will be terminated;
• if massive layoffs at work are expected, then workers must be notified about this three months before the actual termination of contracts;
• a new staffing table is formed and approved;
• It is necessary to notify the employment service about the upcoming process, which is indicated in Art. 24 Federal Law No. 1032-1;
• it is determined which employees should be fired first and who cannot be fired for any reason;
• all citizens with whom employment relations will be terminated are notified of the upcoming event two or three months in advance, and they must sign the notification document;
• when determining who exactly will be fired, the priority right to remain at work in the event of layoffs of various specialists is taken into account;
• at the appointed time, contracts are terminated, due funds are paid to citizens, and the necessary documents are issued to them.

Thus, the procedure is considered quite complex, and is also necessarily monitored by employment service employees.

Who gets fired first?

The following employees are dismissed from work due to layoffs first:

• citizens receiving a labor pension but continuing to officially work;
• employees who do not have significant experience, so their value is considered not too high;
• people who showed poor performance during work;
• citizens who have numerous comments on work or labor discipline.

Workers selected by management for layoffs cannot refuse to be fired, but they receive significant payments even after the termination of their employment relationship, so they often do not find a new job after layoffs for several months. Also, if their rights are violated by the employer, such a decision can be challenged in court.

Suggested alternative

Often there are vacant positions at the company, so the head of the company, before laying off employees, must offer them the opportunity to take these positions.

If they refuse offers, the refusal must be recorded in writing.

It is not allowed to dismiss citizens who are on vacation or sick leave under Art. 81 TK.

Employer Responsibilities

Running any company is a difficult job. Staff reduction is usually a forced procedure resorted to by managers faced with serious financial problems of the company. But at the same time, the entrepreneur has certain responsibilities. And they should take them into account when laying off workers. These include:

• in Art. 181 of the Labor Code states that employees should be offered other positions that correspond to their specialty and experience if there are vacancies in the company;
• all citizens must be notified of layoffs two months before the process, and the employees themselves must certainly sign a special notice;
• the employer's actions must be coordinated with the trade union committee, and members of this organization must be provided with lists of employees who will be laid off;
• In addition, there is a need to notify the employment service of all measures used, on the basis of which the dismissal of a certain number of workers is expected, and such notification is sent two months before the actual process.

In Art. 81 of the Labor Code states that the layoff of any employee implies termination of the employment contract. The initiator of this process is the employer himself.

Process nuances

When there is a serious crisis situation in a company, job cuts are often used. The rights of the employee himself lie in different points:

• he is notified of the intentions of the management team by a special written notice on which he puts his signature;
• it is allowed to express one’s opinion on this issue;
• it is allowed to transfer to another position that is available in the company at the time of reduction;
• the manager is obliged to offer several options for employment, so the citizen himself chooses the position and characteristics of the work, and if there are no suitable options, then a layoff is issued;
• It is not allowed to dismiss an employee without two months' prior notice.

If any violations are detected on the part of the company’s management, the employee can contact the labor inspectorate with a complaint.

Who can't be fired?

Some employees have the right of first refusal to remain at work when staffing is reduced. They are the last to quit. These include:

• people with a high level of qualifications, therefore their labor productivity indicator is much higher than this value for other employees of the enterprise;
• pregnant women, as well as people on maternity leave;
• citizens who are the sole breadwinners in the family;
• people who have dependents on two citizens recognized as incompetent, they can be represented by disabled people, minors or elderly people;
• employees who received any occupational disease or injury in the course of their work;
• citizens who improve their skills taking into account the direction of the enterprise.

If a person cannot find a job within two months after dismissal, he receives compensation from his previous place of employment in the amount of average earnings. To do this, you must register with the employment service within one month after termination of the contract.

Why is union participation required?

Trade unions are still organized at many enterprises, the main goal of which is to protect the rights of citizens. Therefore, all people included in them perform the following actions:

• monitor the correct implementation of various measures by the employer, the main purpose of which is staff reduction;
• make various proposals on the basis of which the reduction procedure is changed;
• options are proposed to prevent the dismissal of workers.

If a citizen is sure that the employer is violating his rights, then he can contact the labor inspectorate or trade union to receive free advice from an experienced lawyer.

What guarantees do they offer?

Redundancy takes into account the various guarantees that must be offered to employees. These include the following:

• if a person has the right to remain at work during layoffs, then he cannot be dismissed if there are employees who do not have this right;
• Each laid-off employee is paid severance pay equal to average earnings;
• the average salary is retained by the person for two or three months after dismissal, which are given to him to freely search for work, but it is important to be registered with the employment service as unemployed;
• The citizen is notified in advance of dismissal.

If these guarantees are violated, then this is a significant violation on the part of the company’s management, therefore it is possible to apply various penalties to the director by the labor inspectorate or the court.

What payments are given?

People often quit due to downsizing at work. Payments in this case are assigned by the employer in the following types:

• salary for all days worked;
• compensation if there are unused vacation days;
• severance pay, which is equal to the average earnings in the company;
• if a citizen worked in a company where the work is seasonal, then his benefit is equal to earnings for two weeks of work.

Severance pay is calculated taking into account the salary received by the citizen for two years. If within the next two months the dismissed specialist does not find an optimal place of work, then the former employer must pay him funds equal to his average earnings while working in the company.

Compensation in lieu of notice

If the employer did not manage to notify the employee of his layoff in a timely manner, he may pay compensation instead. It is calculated as the two-month average salary of a specialist in the company, if there is no notification at all.

If a document is submitted late, then when calculating this payment, the actual days remaining until the immediate date of dismissal of the citizen are taken into account.

The transfer of this compensation does not serve as a basis for exempting the employer from paying severance pay. Also, the employees themselves decide whether they will accept this offer or not.

What to do in case of illegal layoff?

If during this process the terms of the Labor Code are violated, then workers can file a complaint with the labor inspectorate. On the basis of this document, employers are held administratively liable in the form of having to pay fines. Their size depends on the detected violations.

It is possible to appeal a layoff through court, and the claim must be filed within one month after dismissal. The claim is satisfied if there is official evidence of unlawful actions on the part of the employer.

Thus, the reduction of any employee is a specific procedure that must be carried out in the correct sequence of actions. In this case, all rights of citizens must be taken into account. If they are violated, employers are held administratively liable. Violations in the deadlines for providing notification may be compensated by correctly calculated compensation. At the same time, employees can challenge their reduction if there is evidence of illegal actions on the part of the company's management.

There are many clauses under which an employer can legally fire an employee, and redundancy is the most popular. As of 2019, in most cases, this is the phrase that business owners hide behind when they are in a hurry to part with their next employee. The thing is that for the overwhelming majority of people these words sound like a sentence, and after such explanations the person gives up and voluntarily writes a statement of his own free will. But do not confuse layoffs with liquidation of an enterprise - in this case, the employer does not have the right to fire everyone indiscriminately, and you have the opportunity to defend your rights.

Legal side of the issue

So, what is the notorious retrenchment in 2019, after which many people regularly find themselves in the job center? The employer has the right to change the staffing table for its own purposes, and can completely legally fire an employee for this reason. Moreover, they can dissolve an entire department or department if they want to reduce this unit.

This is an ideal option for dismissing an employee - there are a minimum of restrictions, the procedure is not particularly complicated, and there is no need to invite various commissions, such as when determining qualifications and suitability for a position.

That is why in 2019, employers often resort to so-called “artificial” changes in staffing levels in order to get rid of unnecessary workers. This method is very good, but a legally savvy person will still be able to catch the unscrupulous owner of the enterprise by the hand, and it will not be so easy to fire him.

Who is prohibited from being laid off?

There is one important nuance - not every employee can be easily dismissed from work when staffing is reduced. Moreover, few people know these so-called categories of beneficiaries. And even if a person falls into this category, he may unknowingly take the dismissal for granted and immediately write a statement of his own free will in order to speed up everything and receive possible payments after leaving.

So, who does not have the right to be laid off in 2019 even after changing the staffing table?

• A person with a small child (under three years old);
• A person who provides for a large family. We are talking about families with three or more children, especially when the second parent does not work;
• A person providing for a child under 14 years of age (alone). If we are talking about disabled children, then the age increases to 18 years;
• A person who is temporarily unable to work (usually an employee on sick leave);
• A person on vacation;
• Pregnant women;
• Employees who are members of a trade union;
• Participants in a collective dispute.

Criteria for selecting candidates for layoffs

By excluding the above categories, we still get a considerable percentage of people whom the employer has the right to fire. And if you fall into this percentage, you should study who will be kept at work and by what criteria a candidate for layoff is selected. Imagine the situation: after the reforms, there is only one position left, for which two candidates are vying. Which one of them is about to be fired? Of course, no one has the right to fire a person simply out of personal hostility. According to current legislation, the owner of a business must give preference to employees with higher qualifications and performance in the workplace.

But, according to the Labor Code as of 2019, preference is given to the following categories:

• Employees who have a family and at least two dependents;
• An employee who provides for his family alone;
• An employee with a disability group (they do not have the right to dismiss someone whose disability was caused by an accident at the given workplace);
• A combat veteran who has become disabled;
• Employees undergoing training in conjunction with work.

As you can see, in this case, not all employees are equal, and even if you are sufficiently savvy in legal terms, it will not always be possible to avoid dismissal. But even after dismissal, you can benefit from a certain benefit - the owner of the company does not have the right to simply throw you out the door; you are entitled to substantial payments for loss of your job. Of course, not all employers are eager to remember these payments, and if you don’t remind them of this, you can be left without money and without the possibility of reinstatement at work.

Cash compensation

According to current legislation, in 2019, after a layoff, a person is entitled to the following monetary compensation:

• One-time payment (usually the average monthly salary);
• Similar payments for two months while the former employee is looking for a new job. These payments are due only for the first two months.

You can only receive payments if you have not taken a new job. So you will need to present your work record book to your employer, thereby proving that you are still free. In addition, you will need to present your passport.

Of course, if you are unofficially employed and there is no record of a new job in your book, there is nothing stopping you from going and receiving these payments for 2 months. But if the deception somehow comes to light, you will be in trouble.

You can also receive payment for the third month of your search for a new job. But for this, a work book and a passport will not be enough; a decision from additional authorities will be needed - the employment service. As of 2019, you will need to get a decision from the employment service, and then the former boss will be forced to take care of the due payments.

Reinstatement to previous position

But what should those who were fired without reason do? What loopholes are there for those who have been laid off in violation of the provisions of the law? In this case, you need to pursue reinstatement, and this usually results in a lengthy and tedious process. It's not often that employers are willing to admit they're wrong, but if you do everything right, you can assert your rights and get your reinstatement.

To achieve reinstatement in 2019, your redundancy must be declared illegal. To understand this issue, it is necessary to study the process of staff reduction itself. One of the basic rules is that the employee must be notified of the layoff two months in advance. The notice must be in writing and the employee must sign. If a person agrees to terminate cooperation, he can leave work even before the deadline. But if you intend to seek restoration, this option is not suitable for you.

So your first clue will be the notification procedure. If you were not notified, or you did not find out about everything in due time, this is a violation. In addition, if you were fired earlier than two months from the date of notification, you have every right to sue and demand reinstatement.

Dismissal despite priority

As already mentioned, an employer cannot lay off a person who falls into the above priority categories. If he did this, you should immediately go to court, and you will have every chance of winning the case. Once you win the trial, it will only be a matter of time before you are reinstated to your previous job.

Refusal to provide other vacancies

In addition, you should study what other nuances distinguish staff reduction from complete liquidation of the enterprise. Unlike liquidation, when changing the staffing table, the employer is obliged to offer available vacancies to everyone whom he intends to release from the employment contract. These may be similar vacancies at the same enterprise (if the person’s qualifications correspond to them), vacancies in other branches, etc. Such assistance in employment does not fall into the category of recommendations - in 2019, the employer is obliged to do this in accordance with the provisions of the Labor Code.

Therefore, if you were laid off without offering any alternative jobs, you have every reason to sue. This is a gross violation of the rules for dismissal during staff reductions, and you have the right to protest these actions in order to then demand reinstatement in your previous position.

Additional Information

In most cases, such litigation takes place with the participation of large enterprises that employ an in-house lawyer or are able to invite a qualified lawyer from outside. In litigation, being right is not the key to success; many other factors are important here:

• Timeliness of filing a claim;
• Having experience in similar matters;
• Awareness in the legal aspect, etc.

So it is advisable to enlist the help of an experienced lawyer or get some advice from a qualified legal adviser so that you fully assess the situation and feel more confident. History knows cases when it was possible to achieve reinstatement in the workplace alone, without the help of a lawyer, but in such cases it is better not to take risks.

No matter who you bring in for legal support or who you ask for advice, none of this will matter if you miss the deadline for filing a claim. You must respond within one month of being fired. The time should be counted from the moment of receipt of documents indicating dismissal.

The main thing in such matters is perseverance and determination. Many people simply give up after being unfairly fired, which is why it is believed that it is impossible to fight with employers. We live in a rule-of-law state, and in 2019 every citizen can defend their rights, especially after competent legal advice and with the support of specialists. Don't forget about this, and then you are doomed to success.

Let's consider:

• Which category of employees is not subject to staff reductions?
• Under what conditions does an employee have benefits to retain his job?

The topic is small and simple, but important for understanding and assimilation. I do not encourage you to cram what is written below, but you need to read and understand, believe me, this information will be useful to you more than once in your work and in life. Ready? Let's begin!

Who cannot be fired due to staff reduction?

Sometimes downsizing is inevitable. But even in this case, the employer does not have the right to lay off some employees. Who, when and why has special rights and “privileges” during staff reductions?

We recently wrote about what rights an employee has if a company is reducing staff, and how you can defend these rights: What do you need to know about dismissal due to staff reduction? But some employees have special “privileges” when staffing or staffing is reduced.

Simply put, the employer does not have the right to fire them due to staff reduction. True, the workers themselves often do not even suspect that they have any special rights. Therefore, before you get upset about the upcoming layoff, you must first make sure that you really do not have any benefits, and the employer has the right to lay you off.

Of course, each case is individual, and sometimes it is more profitable to “downsize”, look for a new job and at the same time receive financial compensation from the previous employer. But situations are different, and knowing your rights is, in any case, useful.

So, which employees are considered “irreducible” under Russian law? All of them are listed in the Labor Code.

"Non-redundant" employees

By the way, not only individual positions, but also entire divisions, divisions, and departments may be subject to staff reductions. The employer has every right to do this. But, in any case, when laying off workers, the rights of workers must be respected, and those who cannot be laid off must remain in the company. If it is planned to reduce an entire division, then “non-redundant” employees should be transferred to other departments of the organization.

The employer does not have the right to dismiss the following categories of employees due to staff reduction:

1. workers who are temporarily disabled - part 6 of Article 81 of the Labor Code of the Russian Federation (medical certificates will be required to confirm disability);
2. workers who are guaranteed job security during their absence. For example, this includes women on maternity leave (Part 4 of Article 256 of the Labor Code of the Russian Federation), as well as other employees on leave (this includes a variety of types of leave: educational leave, main leave, additional leave, leave without pay) ;
3. pregnant women (the exception is the case when the entire enterprise is completely liquidated) - on the basis of Article 261 of the Labor Code of the Russian Federation;
4. women raising children under three years of age; single mothers raising a child under 14 years of age or a disabled child under 18 years of age, and other persons (this includes guardians, foster parents, etc.) who are raising such children without a mother (an exception to this rule is, again same, liquidation of an enterprise or the commission of guilty actions by these persons) - on the basis of Article 261 of the Labor Code of the Russian Federation;
5. members of trade unions (their rights are described in paragraphs 2, 3 and 5 of Article 81 of the Labor Code of the Russian Federation);
6. employee representatives who conduct collective bargaining;
7. participants in the resolution of collective disputes.

If an employee belongs to any of these categories and was nevertheless dismissed due to redundancy, restoration through the court occurs easily, one might say, almost “automatically”.

Workers with "privileges"

In addition to workers who cannot be laid off, there are also workers who have advantages over their colleagues. First of all, this applies to a situation where an employer is forced to lay off one of two identical positions. For example, out of two accountants working with the “bank, cash desk” section, only one should remain. Who to choose for redundancy? It would seem that the choice depends entirely on the employer. But it is not so.

The Labor Code prescribes to the employer who he should “sacrifice” last. This information is contained in Article 179 of the Labor Code of the Russian Federation. If there are two identical positions, then employees with higher labor productivity and higher qualifications should be retained in the company.

What if the productivity and qualifications of employees are equal? In this case, the employer must take other factors into account. Of the two employees, one of whom is subject to dismissal, the right to remain in the organization has:

1. employees who have a family with two or more dependents;
2. employees in whose family there are no other self-employed workers;
3. employees who received a work injury or occupational disease while working for this employer;
4. employees who improve their skills at the direction of the employer without interruption from work;
5. disabled combatants in defense of the Fatherland.

So, the Labor Code does not assume that “in the face of layoffs” all workers are equal. There are employees who should not be laid off, as well as those who should be laid off only as a last resort. If you fall into one of these categories, you should remember your rights.

What if you are not among the “privileged” and they have every right to lay you off? In this case, the employer must pay sufficient monetary compensation to the employees.

Source: http://www.zarplata.ru/a-id-32187.html

Who cannot be fired due to reduction?

Before making changes to the staffing table, the manager must make a choice about who he can and should keep in the workplace and who will have to leave. The criterion for this is not only an indicator of efficiency, but also certain standards established by law. There are employees who cannot be fired by law, as well as those who have a preferential right to a workplace.

The following categories of citizens cannot be dismissed due to a reduction in the number and staff of employees (Article 261 of the Labor Code of the Russian Federation):

• pregnant women,
• women with children under three years of age,
• single mothers raising a child under 14 years of age (disabled child under 18 years of age),
• other persons raising these children without a mother.

The following categories of citizens have a preferential right to a workplace when laying off employees of an organization (Article 179 of the Labor Code of the Russian Federation):

employees with higher labor productivity and documented qualifications (data on meeting production standards, quality of work, a diploma of higher professional education, obtaining a second education, having an academic degree, academic title, etc.)
with equal labor productivity and qualifications, the following have an advantage:

• family in the presence of two or more disabled family members with full support of the employee;

The following are considered incapable of work:

• children, brothers, sisters and grandchildren who have not reached the age of 18 or are studying full-time in educational institutions, regardless of their organizational and legal form. The exception is institutions of additional education. The norm is valid until the end of such training and until the age of 23 years. Children, brothers, sisters and grandchildren over this age if they became disabled before the age of 18 and have limited ability to work. At the same time, brothers, sisters and grandchildren are recognized as disabled family members, provided that they do not have able-bodied parents;
• one of the parents or spouse, grandfather or grandmother, regardless of age and ability to work. A brother, sister or child who has reached the age of 18 if they are caring for children, brothers, sisters or grandchildren under 14 years of age and are not working;
• parents and spouse, if they have reached 60 or 55 years of age (men and women, respectively) or are disabled people with limited ability to work;
• grandfather and grandmother, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled people with limited ability to work, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them (Article 9 of the Law of the Russian Federation “ On labor pensions in the Russian Federation");
• persons in whose family there are no other independent workers;
• employees who received a work injury or occupational disease in this organization;
• disabled people of the Great Patriotic War and combat operations to defend the Fatherland;
• employees who improve their qualifications in the direction of the employer without interruption from work;
• other categories of workers provided for by the collective agreement.

In addition, the persons specified in federal laws have a preferential right to remain at work:

1. authors of inventions (Article 35 of the USSR Law of May 31, 1991 No. 2213-1 “On inventions in the USSR”);
2. spouses of military personnel - in state organizations, military units (Article 10 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”);
3. citizens discharged from military service, and members of their families at work, where they entered for the first time after dismissal from military service, as well as single mothers of citizens undergoing conscription military service (Article 23 of the Federal Law of May 27, 1998 No. 76-FZ " On the status of military personnel");
4. persons who have suffered radiation sickness and other diseases caused by the consequences of the Chernobyl disaster and associated with radiation exposure. Persons who became disabled as a result of the Chernobyl disaster. Participants in the liquidation of the consequences of the Chernobyl disaster in the exclusion zone in 1986 - 1990. Persons evacuated from the exclusion zone. (Law of the Russian Federation dated May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”);
5. persons exposed to radiation as a result of nuclear tests at the Semipalatinsk test site, who received a total (accumulated) effective radiation dose exceeding 25 cSv (rem) (Article 2 of the Federal Law of January 10, 2002 No. 2-FZ “On social guarantees for citizens exposed to radiation exposure due to nuclear tests at the Semipalatinsk test site").

Provide written notice of layoffs

Two months before dismissal, the employee must be warned against a receipt about the reduction of his position (Part 2 of Article 180 of the Labor Code of the Russian Federation).

If he refuses to familiarize himself with the written notice, then it is sent to him at his home address by registered mail with notification. It is also necessary to draw up an act of refusal to read the written notice. Subsequently, this will help the employer if a former employee goes to court with a claim about the illegality of the dismissal procedure. The employer will be able to document that he did everything to comply with the procedure, and it was the employee who violated it.

Issue a layoff order

The two main documents that launch the process of staff reduction must be drawn up at the first stage of this process. Thus, it is necessary to issue an order to reduce the number or staff of employees, as well as prepare and approve a new staffing table with the date of its entry into force after the completion of the reduction procedure.

Notify employment authorities and trade union

It is necessary to notify the employment service authorities and the elected body of the primary trade union organization in writing about the upcoming release of workers no later than two months before the start of the relevant activities. In case of mass dismissal of workers - no later than three months in advance. It is necessary to indicate the position, profession, specialty and qualification requirements for employees, and the terms of payment for each specific employee.

Dismissal is considered mass if:

1. an enterprise of any organizational and legal form with 15 or more employees is liquidated;
2. The company's staff is being reduced in the following numbers:
   • 50 or more people within 30 calendar days;
   • 200 or more people within 60 calendar days;
   • 500 or more people within 90 calendar days;
3. 1% of the total number of employees is dismissed due to the liquidation of enterprises or a reduction in headcount or staff within 30 calendar days in regions with a total number of employees of less than 5 thousand people.

Industry or territorial agreements may establish other criteria for assessing mass releases.

Offer another position

After the employer has informed the employee in writing about his future layoff, he must take measures to accommodate the employee. The Labor Code requires that each dismissed employee be given the opportunity to be transferred to an existing job in writing (Part 1 of Article 180 of the Labor Code of the Russian Federation). This implies a transfer within one organization, but the employer can assist in the transfer of the employee to another employer. Dismissal due to a reduction in the number or staff of an organization's employees is permitted if it is impossible to transfer the employee with his consent to another job (Part 2 of Article 81 of the Labor Code of the Russian Federation). Failure to comply with this requirement is a violation of labor laws.

The employee must provide a refusal of the proposed position in writing. This will allow you to have documentary evidence of his reluctance to take the proposed position.
The positions offered during internal transfer must be included in the new staffing table. It is mandatory to have approved job descriptions with a list of responsibilities, and the terms of remuneration must also be approved.

If the company does not have a job that matches the employee's qualifications, the employer may offer a lower-level position in the local area. The employer is obliged to offer vacancies in other localities if this is provided for in collective or labor contracts or agreements.

Request a reasoned opinion from the trade union

If the former employee is a member of a trade union, then before terminating the employment relationship with him, it is necessary to send there a copy of the order and other documents that contain the rationale for such a decision. It is also worth sending a copy of the dismissal order to the union. It is advisable to carry out these actions after 1 month, in case of mass layoffs - after 2 months from the moment the employee was notified of the upcoming dismissal.

Elected trade union body, in accordance with Art. 373 of the Labor Code of the Russian Federation, considers this issue within seven working days from the date of receipt of the draft order and copies of documents and sends its motivated opinion to the employer in writing.

If the elected trade union body has expressed disagreement with the proposed decision of the employer, it holds additional consultations with the employer or its representative within three working days, the results of which are documented in a protocol. If a compromise has not been reached as a result of consultations, the employer, after ten working days from the date of sending the package of documents to the trade union, has the right to make a final decision. It can be appealed to the relevant state labor inspectorate.

Maintain special procedures for certain categories of workers
Dismissal in connection with the reduction of heads (their deputies) of elective collegial bodies of primary trade union organizations (including within two years after the end of their term of office), elective collegial bodies of trade union organizations of structural divisions of organizations (not lower than workshops and equivalent to them), not exempt from their main job, as well as workers under the age of eighteen, are allowed in addition to the general procedure for dismissal in compliance with the provisions of Art. 269, 374, 376 Labor Code of the Russian Federation.

Issue an order to terminate the employment contract

It must be remembered that the dismissal of an employee at the initiative of the employer (except for the liquidation of the organization) during the period of his temporary disability and while on vacation is not allowed.

Each employee is familiarized with the dismissal order due to a reduction in the number or staff of the organization's employees against signature.

Register an order

It is necessary to register the order in the Register of Orders (Instructions).

Pay severance pay

The calculation and payment of wages, severance pay (in accordance with Article 178 of the Labor Code of the Russian Federation) with all payments due to the employee occurs on the day of dismissal. Calculation of monetary compensation for all unused vacations (preparing a calculation note is required).

If the employment contract is terminated due to the liquidation of the organization, or a reduction in the number or staff of the organization's employees, the dismissed employee is paid severance pay in the amount of average monthly earnings. The person being dismissed retains his average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal. This may be due to the decision of the employment service body if, within two weeks after dismissal, the employee contacted this body and was not employed by it.

In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee was absent on the day of dismissal, then payments must be received by him no later than the next day. In the event of a dispute about the amount of the amount due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the above period.

Termination of an employment contract before the expiration of the notice period

With the written consent of the employee, the employer may terminate the employment contract with him before the expiration of the two-month notice period. This is possible when the employer pays him additional compensation. Its size is calculated from the employee’s average earnings in accordance with the time until the end of the notice period. (Part 3 of Article 180 of the Labor Code of the Russian Federation).

Issue a work book and personal card

The work books of the organization's employees are filled out in accordance with the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation No. 225 of April 16, 2003 and the Instructions for filling out work books (Appendix No. 1 to the Resolution of the Ministry of Labor of Russia of October 10, 2003 No. 69). The work book is issued to the employee on the day of termination of the employment contract.