Making an entry in work book- the final stage of dismissal of an employee during the liquidation of the organization. 2 months before the issuance of the dismissal order, it is necessary to warn employees about this against signature, and also notify the Employment Center.

Entry into the labor force upon liquidation of the enterprise

The execution of work book forms is regulated by the following regulatory legal acts:

Art. 84.1 of the Labor Code of the Russian Federation;

Government Decree No. 225 dated April 16, 2003 (as amended on March 25, 2013) “On work books”;

Instruction of the Ministry of Labor No. 69 dated 10.10.2003

According to paragraph 14 of the Rules, approved. Decree No. 225, the text on the reason for dismissal must be formulated in strict accordance with the article of the Labor Code of the Russian Federation. When liquidating an enterprise, they refer to paragraph 1 of part 1 of article 81 of the Labor Code of the Russian Federation. At the same time, abbreviations are not allowed, in order to avoid discrepancies in case of not quite legible handwriting.

In Instruction No. 69, the Ministry of Labor regulates in detail the order of entries:

The next ascending sequence number of the record is put in the first column.

The next three columns reflect the date of entry (day, month, year), as a rule, it coincides with the date of the order.

In the next column, the text of the dismissal is entered, the reason is indicated and a link is given to the norm of labor legislation.

The details of the order or order of the head of the organization (name, date, number) are entered in the last column.

The record is certified by the signature of the responsible employee and the seal (if any).

An example of a properly formatted entry is shown below:

After familiarizing the dismissed employee with the order, he is given a work book, full payment and due compensation. If the employee refuses to sign the order and pick up the work book, an entry about this is made on the order, and then an appropriate act is drawn up. An order issued in this way shall enter into force. A notice must be sent to the employee that he needs to pick up the labor, or agree to send it by mail - from this moment on, the employer is not responsible for the delay in issuing the labor to the dismissed person (Article 84.1 of the Labor Code of the Russian Federation).

An entry in the labor office during the liquidation of an enterprise is usually certified by the signature of a personnel officer. In his absence, the entries are confirmed by the head of the company or another person responsible for keeping books. The signature of the employee himself on familiarization and the seal of the company (if any) are also affixed. When filling out a work book in two languages ​​- state and national - the text in each language should be certified.

Dismissal on liquidation of an enterprise: entry in the labor for individual entrepreneurs and branches

When closing an IP with employees, the same procedure is followed as when liquidating companies. The wording of the entry will be as follows “Dismissed due to the termination of activities by an individual entrepreneur, paragraph 1 of the first part of Article 81 Labor Code Russian Federation».

When closing the "isolation" of a legal entity - a branch or a representative office - marks on the dismissal of personnel in their work books are made in the same manner as for companies (part 4 of article 84.1 of the Labor Code of the Russian Federation). In the lines of the form of the book, the same wording is given: “Dismissed due to the liquidation of the organization ...”. But personnel officers and heads of only those departments that are entitled to issue orders for personnel, conclude / terminate labor contracts have the right to enter such wording into work books.

The liquidation of the company should not be confused with other reorganization measures that do not lead to the complete cessation of the company's activities. The article deals with situations of termination of employment contracts with personnel precisely as a result of the liquidation of the company.

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The absolute termination of production and economic activities by the founder or entrepreneur, i.e. the liquidation of the enterprise and the competent documentation of the procedure, is regulated by paragraph 1 of part 1 of the 81st article of the Labor Code of the Russian Federation, which is one of the most important grounds for dismissal of employees of the company.

Liquidation procedure

An organization may be liquidated in accordance with:

• with the decision of the founders;
• with a court decision in the event of unacceptable actions by the law on the part of the enterprise or declaring it bankrupt.

Civil legislation (Article 62.63 of the Civil Code of the Russian Federation) determines the procedure for conducting liquidation.

The following measures are also required by law:

• written notification of the Rosreestr authorities about the decision made and the beginning of the liquidation procedure;
• organization of a liquidation commission with the transfer of powers to manage the company for the period of liquidation;

The liquidation procedure provides for the mandatory resolution of issues of termination of employment relations with the personnel of the company. As a rule, 2 months before the start of the dismissal of the first employee, a written notification of the employment service of the relevant measures is required, indicating the number of employees to be laid off, their professions, positions, qualifications and information about the working conditions of each.

Video about the liquidation of enterprises

It is necessary to notify each employee personally in writing about the prospects for dismissal 2 months before the planned reduction against receipt. If the employee refuses to sign on the notification form, the specialists of the personnel department draw up an act with the obligatory indication of the date of notification;
Then it is necessary to issue a dismissal order, calculate the necessary work benefits and pay them. A specialist in the personnel department makes entries in the work books about dismissal due to the liquidation of the company.

Voluntary and forced liquidation of an enterprise

Whatever the reason for liquidation, it is an equally difficult process for both the employer and the organization's staff. However, the adoption of a decision to terminate the activity by the founders of the organization gives employees certain guarantees upon dismissal, since settlements with personnel must be made in the first place.

Forced liquidation, including bankruptcy, can significantly affect the interests of employees in terms of the completeness of payments statutory during liquidation activities.

This form of liquidation involves violations of the law or the insolvency of the company, i.e., the insufficiency of funds for the production of all settlements. But there is no legislative difference for the dismissal procedure for any type of liquidation.

The procedure for dismissal of employees during liquidation

So, the liquidation of the enterprise and the dismissal of employees begins with a written personal warning to the administration 2 months before the start of the events. This document is not unified and is drawn up in any form or on a form specially developed by the organization.

The document must contain information:

• about the reasons and expected date of dismissal;
• guarantees provided to the employee in connection with the dismissal.

The employee must familiarize himself with the notice against signature.

Terms of notice

Notice period for various categories staff may vary. 2 months before the planned dismissal are warned staff members, except for those who were hired for temporary or seasonal work.

Employees hired under an employment contract for a period of less than 2 months must be warned at least 3 calendar days before being fired.
Personnel accepted for seasonal work are warned at least 7 calendar days in advance.

Notification of social protection authorities

Informing the necessary authorities about the beginning of the liquidation of the company and the release of employees in connection with them must be carried out 2 months before the first dismissal in writing. If the liquidation of the organization leads to mass dismissal of employees, then the notification must be sent 3 months before the start of the planned activities.

Compliance with the term "mass dismissal" is determined by industry or territorial agreements, and usually means the dismissal from an enterprise of any form of ownership of personnel in the amount of 15 or more people in a certain calendar period.

The notification is not a unified form and can be drawn up arbitrarily on a letterhead or, if necessary, in a tabular version.

In some regions, the employment service has developed standard forms notices of the upcoming dismissal of personnel due to the liquidation of the enterprise, and the administration of the companies should pre-specify the form for submitting documents.

Entry in the work book

Making an entry upon dismissal in connection with the liquidation of the enterprise is made with the obligatory mention of the reason for dismissal with reference to the article of the Labor Code of the Russian Federation. It is necessary to issue a work book to an employee on the last day of work.

If this is not possible, for example, if the employee fails to appear for the book or refuses to receive it, in order to avoid subsequent claims about the late issuance of the document, one should:

• send a notification to the employee about the need to obtain a work book;
• obtain his consent to send the document by mail;
• draw up an act on the employee's refusal to receive a work book and make a note about it and the notification sent to the employee in the work book record book.

At the same time, in the labor in the column "Reason for dismissal" should appear:

"Fired in connection with the liquidation of the organization, paragraph 1 of Article 81 of the Labor Code of the Russian Federation."

If an employment contract was concluded during employment, the entry should look like this:

"Fired due to termination employment contract due to the liquidation of the enterprise, paragraph 1 of Article 81 of the Labor Code of the Russian Federation.

Can an employee refuse to sign an order?

Part 2 Art. 841 of the Labor Code of the Russian Federation determines the mandatory familiarization of the dismissed employee with the relevant order. But no one can force a person to get acquainted with the issued order of dismissal against signature. Therefore, the refusal of the employee is activated without fail.

Features of the procedure

Is it possible to fire everyone at the same time?

The simultaneous dismissal of all employees, as a rule, is not practiced, but occurs in several “streams”, since, first of all, production shops are liquidated, terminating employment contracts with those working in them. Then employees of administrative and economic services are dismissed.

Last stop labor Relations with specialists directly involved in the liquidation procedure, preparation of liquidation documents, balance sheets, execution of events closing the company's activities (personnel officers, lawyers, accountants).

Dismissal of the head

Occurs depending on whether he is appointed to the position of liquidator, who manages the company during liquidation. The powers of the head are terminated from the moment the decision on liquidation is made, and the liquidation commission headed by the chairman, who can be either the previous director or a third person, takes over the management of the company.

If the head is elected by the general meeting to the position of liquidator, he is the last to leave, after all the activities of the enterprise have been terminated and documented.

Pregnant women and maternity

During the liquidation of the company, these categories of employees cannot exercise the right to remain at work in accordance with the legally established norms and are warned about dismissal on a general basis.

Retirees, part-time workers and seasonal workers

Such employees are warned of the impending dismissal in accordance with the law and are entitled to severance pay. Part-time workers and pensioners have the right to count on the payment of benefits in the same amount as for the main contingent.

For seasonal workers, the amount of severance pay is limited to 2 weeks of average earnings.

Payments upon dismissal upon liquidation: procedure and amount

On the day of dismissal, the employee must be issued a work book and make a full payment, which includes the following payments:

• salary for worked and unpaid time up to the issuance of a dismissal order;
• vacation pay;
• severance pay.

Terms and amounts of settlements

Deadlines are strictly defined by law - on the day of dismissal.

The amount of severance pay varies depending on the conditions of employment of the employee:

• a full-time employee and a part-time employee receive a severance pay in the amount of the average monthly salary;
• employed in seasonal work - 2-week average monthly earnings;
• accepted for a period of up to 2 months, the employee is not entitled to benefits.

For those who pay child support

Alimony payers are provided special order charges compensation payments. From the amounts of wages and compensation for unused vacation (minus personal income tax), alimony is collected without fail.

Withholding alimony from the amount of the accrued severance pay depends on the age of their recipient.

If the child is a minor, alimony is withheld, and if the recovery is directed at an adult, alimony is not deducted from the allowance.

If you are on sick leave

An employee has the right to pay a sick leave if he manages to hand it over to the accounting department of the enterprise before the date of the actual liquidation of the company. In case of failure to submit sick leave, the employee will not be paid sick days.

Vacation compensation upon liquidation of a company

Reimbursement of leave is mandatory for each employee. Even if the employee has worked in the company for less than 6 months, he is entitled to compensation for unused vacation.

If the employee used the vacation in advance, then the administration does not have the right to withhold vacation pay from the payments due on hand. The calculation of compensation upon dismissal is made at the rate of 2.33 days for 1 month of unused vacation, rounding off the number of months according to mathematical rules.

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Social guarantees during the closure of the enterprise and the dismissal of employees

The legislation guarantees payment for the period of employment within 2 months from the date of dismissal in the amount of the average monthly salary, taking into account the amount of the severance pay already paid. When concluding a new employment contract by an employee before the expiration of this period, payment occurs on the day of admission to a new place of work.

There are exceptions: the average monthly salary is maintained for 3 months from the moment of dismissal, if the dismissed person applied to the employment service and was not employed.

Not entitled to pay during the period of employment:

• part-time workers;
• seasonal workers;
• employees who have concluded employment contracts for a period of up to 2 months.

How to write a letter of resignation?

The answer to this frequently asked question is clear. There is no need to write a letter of resignation in connection with the liquidation of the company. The application must be written upon dismissal own will or by agreement of the parties.

In the event of liquidation of an enterprise, the dismissal of employees is carried out on the basis of a notification, which is a defining document with the status of an application.

Is future employment possible?

Another issue that is being addressed by both the employment service and the dismissed worker himself. There are retraining and retraining programs, so do not despair.

If an enterprise is liquidated nominally, that is, in fact, it is simply renamed, then employees, as a rule, are employed in a newly created company.

Are there any benefits for the employee in this situation?

Employees legally dismissed due to liquidation are socially protected: they are registered with the employment service and receive benefits for some time. In parallel, many of them are offered vacancies corresponding to their specialty. Although often these are low-paid jobs.

Completion of the work of the enterprise is associated with a lot of worries for both the boss and the subordinate. Legislation clearly regulates the entry that must be made in the worker's document, and a mistake in this seemingly simple issue can turn into serious problems for the employer.

Normative legal acts regulating the dismissal procedure

The fundamental legal act here is the Labor Code of the Russian Federation. In particular, it states that:

• an entry must be made in the work book that the contract has been terminated (Article 66);
• provides for the termination of the contract by the employer in the event that the organization or individual entrepreneur cease their activities (clause 1, part 1, article 81).

The rules that directly regulate the making of notes in the personal document of an employee during the liquidation of an enterprise are contained in the "Rules for maintaining and storing work books", which were established in 2003 by Government Decree No. 225.

These Rules contain information that:

• the reason for the dismissal is indicated in the form as it is prescribed in the article of the Labor Code of the Russian Federation;
• if the contract was terminated at the initiative of the employer, then when filling out the line, it is necessary to give a link to one of paragraphs 81 of article TK RF;
• any entry must be certified:
  • the employer's seal;
  • the signature of the employee who is responsible for filling them out, or an individual entrepreneur;
  • owner's signature.

Information

Another important legal act- Decree of the Ministry of Labor No. 69, adopted in 2003. It contains Instructions for filling out work books, which describes in detail the process of their maintenance.

The procedure for making an entry in the work book of an employee who was dismissed during the liquidation of the organization

Dismissal under the conditions under consideration must necessarily be preceded by notification of the employee. It is made no later than 2 months before the date when the enterprise will be finally liquidated. This period is set only for the notification of full-time employees, for temporary and seasonal employees it will be 7 or more days.

Such a notice may be drawn up in any form, but it must contain:

• the reason for which it is planned to dismiss the employee;
• the date on which the dismissal is scheduled;
• guarantees given to a person in this situation.

Important

The fact of notification must be confirmed by the signature of the employee.

If he refuses to sign on the form, an act must be drawn up fixing this circumstance.

During the process of liquidation of the enterprise, the employer provides the employment center with information about employees with whom the contract will soon be terminated, and determines the amount of payments in connection with the end of its existence. Dismissal orders must also be prepared.

An important feature of the termination of an employment contract upon the liquidation of an organization is that even representatives of socially protected groups lose their jobs:

• persons on maternity leave;
• minors;
• pregnant women;
• those on vacation;
• single mothers;
• persons on sick leave.

The person who is responsible for maintaining the relevant documentation fills out the employee's personal document in accordance with the Instruction. The order is as follows:

• the first column is provided for the serial number of the record;
• the second should contain the day, month and year that the employee's dismissal is dated;
• the third reveals the reason for the termination of the contract and its legal justification: “Dismissed in connection with the liquidation of the organization, clause 1 of the first part of Article 81 of the Labor Code of the Russian Federation”;
• in the fourth chapter, the name, number and date of the local act are written, in accordance with which the data is entered (as a rule, this is an order).

Attention

It is worth remembering that the recording can be made not only in Russian, but also in the language of one of the republics within the Russian Federation. In this case, all signatures and seals are duplicated.

Terms of issuance of labor

Employment book for general rule handed out on the last day of work, but sometimes citizens intentionally do not receive it. Subsequently, this may become the basis for claims against the employer about the untimely issuance of the document.

To avoid them, you need to take the following steps:

1. Drawing up an act, which contains information about the person's refusal to receive.
2. Sending a notification to the employee by mail that he needs to receive his document.
3. Entering a note about this in the ledger.
4. Obtaining the consent of the employee to send the document by mail.
5. Sending a document by mail.

In connection with the liquidation of the organization, a liquidator has been appointed. Tell me, the record of dismissal in the work books of employees should sound like this?: “Fired in connection with the liquidation of the organization, clause 1 of part 1 of article 81 of the Labor Code of the Russian Federation.” Even if the employee writes a statement "of his own free will." The liquidator may dismiss at his own request or only in connection with the liquidation.

Answer

When an organization is liquidated, an employee cannot be fired of his own free will, as this will be a violation and the employee will lose certain payments.

The rationale for this position is given below in the materials of the "Personnel System" .

“Dismissal in connection with the liquidation of an organization is one of the most difficult grounds for dismissal. When an enterprise is liquidated, employment contracts are terminated with all employees, including pregnant employees, maternity workers and people who are on vacation and on sick leave. Due to the fact that dismissal during liquidation is potentially conflicting, the employer should know how to complete this procedure without errors.*

Who can decide on liquidation

Liquidation results in termination of business legal entity(). According to the law, the founders, the authorized body of the company or the court can decide on liquidation.

The founders have the right to begin the liquidation procedure if the period for creating a legal entity has expired or they have achieved the established goals (). Such liquidation is considered voluntary. The decision on it is made by the general meeting of participants (shareholders) of the company 1 . It is drawn up in the form of a written document - a protocol or a decision, which indicates the reasons and term for the liquidation, the composition and powers of the liquidation commission, etc.

The court may make such a decision if an appropriate claim is filed, as well as if the company is declared bankrupt (, Civil Code of the Russian Federation). In this case, we are talking about forced liquidation.

Who must be notified of the liquidation and when?

When making a decision to liquidate an organization, the employer must notify employees and relevant authorities in writing.*

Employment Service. She must be notified no later than two months before the dismissal of the first employee. And if the liquidation will lead to mass layoffs, then notice must be sent no later than three months. It must indicate the profession, specialty, position and qualification requirements to it, as well as the terms of remuneration of each employee ().

There is no unified form for notifying the employment service, so the employer has the right to draw it up in any form. Employment centers of different regions may provide for special forms of information about liquidation. In this regard, we recommend that you first clarify what form your employment service takes.

Trade union. He needs to be notified only if the liquidation will result in a reduction in the number of jobs. The notice period is at least three months in advance, the form is arbitrary. In addition, by law, the employer must negotiate with the trade union about the observance of the rights of its members ().

Staff. About the upcoming dismissal of each of them must be notified personally and against signature. This must be done at least two months in advance (). And if the liquidation occurs due to bankruptcy, then the notification must be sent no later than one month from the date of the introduction of bankruptcy proceedings (). *

The specified periods begin to run from the moment when the employee put his signature on the notification. If he is on vacation or on sick leave, then he can be called or notified by mail by registered mail with acknowledgment of receipt and a description of the attachment. In this case, the date of familiarization will be the date when the employee signed for the receipt of the letter by mail.

Early termination upon liquidation

If the employee does not object, then the employment contract can be terminated even before the expiration of the two-month notice period. For this it is necessary written agreement employee for early dismissal (). Such consent need not be in the form of a bilateral agreement. It is enough for the employee to write a statement. At early dismissal employer pays employee additional compensation in the amount of average earnings, calculated in proportion to the time left until the end of the warning period ().

Making a dismissal due to liquidation

Particular attention should be paid documentation layoffs due to liquidation.

Termination period. As a general rule, you need to issue a dismissal during liquidation exactly on time, which is indicated in the notice. This day is considered the last day of work. Labor legislation does not provide for the possibility of arbitrarily extending the term for warning an employee about an upcoming dismissal. Therefore, if you miss the deadline and dismiss the employee later, he will be able to challenge such a dismissal in court (the appeal ruling of the Moscow City Court of December 4, 2014 in case No. 33-46978).

On the day indicated in the notice, the employer issues an order to terminate the employment contract, makes an entry about the dismissal in the work book and personal card, and makes the final settlement with the employee ().

Dismissal order. It must indicate the reason for dismissal, a link to the protocol (decision) on liquidation and details of the notification. The document is compiled according to the unified form No. T-8 (T-8a) or according to another approved by the organization (sample below). On behalf of the employer, the order is signed by the chairman of the liquidation commission. And if the liquidation is a consequence of bankruptcy, then the bankruptcy trustee, who was appointed by the court.

Employment history. An entry is made in it with reference to the first part of Article 81 of the Labor Code. Then the corresponding mark is entered into the employee's personal card. If some employees did not appear for work books after the end of the liquidation and did not agree to send them by mail, then the founders must hand over such documents to the archive. Unclaimed work books are stored there for 75 years (the List approved).*

How to formalize the termination of employment contracts with members of the liquidation commission

During the liquidation of an organization, it is impossible to dismiss all employees at the same time, since employees are needed who will be directly involved in the liquidation procedure, sign orders to terminate employment contracts, draw up work books, personal cards, make final settlements, etc. Therefore, it is possible to do it in two ways:

Notify other employees of the dismissal later and terminate employment contracts with them last;

Notify of the dismissal together with all employees, but after the termination of employment contracts, conclude civil law contracts until the end of the liquidation.

What is the liquidation payout?

However, certain categories of employees have their own peculiarities. So, if the employment contract was concluded for a period of up to two months, then such employees are not paid severance pay upon dismissal, unless otherwise established. federal laws, collective or labor contract (). Seasonal workers may qualify for a severance pay equal to two weeks of average earnings ().

Employees of the regions of the Far North and areas equated to them receive a severance pay in the amount of their average monthly earnings. At the same time, they keep average earnings for the period of employment, but not more than three months from the date of dismissal (including severance pay) (). In exceptional cases, it is paid within the fourth, fifth and sixth months from the date of dismissal, if the employee was not employed during this period (

Last update: 07/21/2019

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

Dismissal of employees during liquidation: main stages

The dismissal of employees of a liquidated enterprise is one of the main conditions for the termination of the organization's activities. Termination of employment contracts with the transfer of labor payments to employees must be completed before the entry into the Unified State Register of Legal Entities (USRLE) of the liquidation of the organization, that is, until the termination of the organization.

There are no exceptions for dismissal, including pregnant women, maternity workers and mothers of minor children who are on vacation or on sick leave.

The dismissal procedure is supervised by a specially created liquidation commission. This procedure consists of several stages:

• providing information on the planned dismissal of employees to the social employment service;
• mandatory notification of all employees of the enterprise with which labor contracts are concluded;
• drawing up, signing and issuing an order on the dismissal of employees;
• determination of the amounts of payments to employees due to them in connection with the liquidation, as well as their subsequent transfer;
• issuance of completed work books to all dismissed employees.

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

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

Dismissal process: instruction

Employment Notification Procedure

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

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

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

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

How to notify employees

Notifying employees is a responsible and painstaking stage in the dismissal procedure. Indeed, in the event of liquidation, employees belonging to socially protected strata (disabled people, etc.) and legally protected under other conditions (pregnant women, maternity workers) are also subject to dismissal.

The term for notifying employees is similar to the terms for informing the social service, namely not later than 2 months before the dismissal of the first employee. However, there are other special deadlines:

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

The form of information must be in writing only. This will allow in the future to avoid possible claims both from the side of the employee and from the side of the enterprise.

Voluntary dismissal during the liquidation of the company should not be associated with a request, insistence of the management, personnel service or other pressure. Only the desire and initiative of the employee himself (if he has his own life circumstances) is allowed. As a rule, such requests from management are received in order to reduce costs (payments upon dismissal in connection with liquidation), which is extremely unprofitable for the employee.

Dismissal in connection with the liquidation of the enterprise, paragraph 1 of Art. 81 of the Labor Code of the Russian Federation- this is exactly what the wording in the work book should be. When an employer wants to save on liquidation payments, he offers the employee the following reasons for dismissal, which the employee can only voluntarily accept if he himself considers acceptable:

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

Informing employees through the union

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

Informing employees against signature or by mail

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

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

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

If notification was not given

When an employee was not given a notice in due time (even if given to all other employees, announced publicly at a meeting, etc.), dismissal cannot be made until the procedure is properly followed.

Therefore, such an undisclosed worker simply submits a written complaint to liquidation commission, and also, if there is a desire, to the labor and tax inspections.

In practice, the terms of liquidation are compressed and they agree with such an employee by providing monetary compensation, the amount of which will be agreed upon by agreement.

Notification Example

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

public Joint-Stock Company"Monolith"

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

Head of Sales Department
Fedorenko S.P.

Dear Sergey Petrovich!

We bring to your knowledge that based on the decision of the members of the board of PJSC "Monolit" dated 02.04.2020 No. 12, the organization will be liquidated. In this regard, the employment contract concluded with you on December 26, 2015 No. 25 is subject to termination.

After 2 months from the date of receipt of this notice, on June 19, 2020, you will be dismissed in accordance with paragraph 1 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

General Director (signature) ___________________ Sviridov L.D.

Acquainted with the notification (signature) ________________ Fedorenko S.P. 04/18/2020

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

However, the employee, unlike the management of the enterprise, may voluntarily terminate the employment relationship ahead of schedule, without waiting for the expiration of the established period. To do this, an application for dismissal is submitted according to the standard procedure (of one's own free will).

Order of dismissal and entry in the work book

The final step in the dismissal process:

• issuance of an order;
• making an entry in the work book;
• issuing a book to an employee;
• conducting cash settlements with the dismissed.

Additional statements from the employee are not required.

An order for the liquidation of an organization is issued strictly after a 2-month period after notification of employees. On rare occasions later. Before this period, an employee cannot be dismissed, this fact will be a violation of labor laws.

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

ORDER
on termination of the employment contract with the employee

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

Dismiss on June 18, 2020 Sviridenko T.P., senior manager of the sales department, personnel number 814, in connection with the liquidation of the organization in accordance with clause 1, part 1, art. 81 of the Labor Code of the Russian Federation.

Grounds for dismissal - decision general meeting participants dated 04/02/2020 No. 13, employee notification of termination of the employment contract dated 04/18/2020 No. 310.

General Director (signature) _____________________ Soldatov K.P.

Acquainted with the order (signature) _____________________ Sviridenko T.P. 06/18/2020

When former employee will read the order and put a signature that he has read it, personnel officer makes an entry in the work book:

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

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

Labor benefits: the amount and timing of payments to employees

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

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

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

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

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

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

Features of the dismissal of various categories of employees

The head of the organization is considered dismissed on the day the decision to liquidate the organization is made - on the day the decision of the board is signed (his place is taken by the chairman of the liquidation commission). In this case, the director may act as the head of a specially created liquidation commission. His duties as a director terminate on the day the decision on liquidation is made. On the same day, he receives the powers of the head of the liquidation commission.

Concerning social categories employees, namely pregnant women, those on maternity leave, pensioners, as well as mothers of minor children, they are not provided for the preservation of their jobs. The dismissal of such employees is carried out in a general manner.

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

Social guarantees and subsequent employment

If you are fired due to the liquidation of the organization, do not despair. The law guarantees social protection providing the opportunity to register with the employment service. During the job search period, there is a right to receive additional social benefits.

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

Cancellation of liquidation

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

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

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

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

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