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What payments are due to the employee upon dismissal? How to calculate severance pay on redundancy - an example of calculating Employee redundancy pay.

The Labor Code guarantees that the employer will make payments during the reduction. In a crisis, downsizing is a common measure to maintain a company's financial balance.
It is important for employees who have lost their jobs to know their rights in the current circumstances, which are determined by a number of articles of the Labor Code of the Russian Federation.

Notification of employees about layoffs

The reduction procedure begins with the issuance of an order. Although there is no clearly defined form for this document, it always contains a date. After that, changes in the staff are recorded in the text.

In accordance with Article 180 of the Labor Code of the Russian Federation, it is the responsibility of the employer to notify workers of vacant positions, if any. Depending on the date after which the reduction will begin, the deadlines for the delivery of notifications are determined.

Notification to an employee under the Labor Code of the Russian Federation must meet a number of conditions.

Awarded at least two months before the planned date of dismissal.
The document is prepared for each individual employee.
The message is issued under the signature.
Contains offers with other available vacancies.

Important:if the dismissed employee is satisfied with one of the proposed vacancies, in accordance with the requirement of the Labor Code of the Russian Federation, instead of reducing, he is transferred to another position. If he refuses, he is fired. The worker may be dismissed earlier than the period specified in the order by written consent.

Which regulators should be notified

When an employee is made redundant, after the order is issued, the official should notify:

trade union;

Notices to the trade union are sent at least two months before the scheduled dismissal. With an extensive planned layoff, this period will reach three months.

Notify the dismissal of both unionized and non-union employees.

At the same time, after the issuance of the order, you need to notify the employment service. After the order, the head of the company sends information about the number of laid-off workers there.

He also reports on their positions, specialties, scope and duration of work at the enterprise.

The amount of severance pay and the timing of payments in case of reduction

The final working day is considered officially the day of dismissal. After the reduction, in the work book (in case of loss, it is possible) of the dismissed employee, a corresponding note is made with reference to clause 2, part 1, article 81 of the Labor Code of the Russian Federation.

On the same day he is given due payments defined by the Labor Code. Among them:

wage;
in the presence of unrealized vacation -;
reduction allowance.

How long does it take to receive redundancy payments?

In the absence of a suitable position, the employee is entitled to compensation upon dismissal for the second month of unemployment.

He needs to show his former employer work book where there are no marks on employment after leaving the previous position.

The required compensation, the amount of which is calculated as the size of the severance pay, can be received even in half a month. For this, you will also need to present a work book.

Important:to receive compensation after two months, within 14 days of dismissal, an employee who has been laid off must register with the employment service.

Subject to the above condition, the employee can also count on compensation for the period of the third month of unemployment if he is not employed.

You should immediately contact the employment service, as it can take a lot of time to find a new job. In order to receive a payment for the third month upon dismissal, along with the work book, you will need to present a certificate from the employment service.

Compensation is also paid for part of the third month. At the same time, a note about the new workplace should be made in the work book.

To receive a payment, you need to know what documents will be required. Present a copy of the page of the work book with the last mark. It must be certified by the new employer.

How Preemption Works

When compiling a list of employees who will be terminated, managers take into account the preferential right to leave for some employees. There are two main criteria to consider when deciding which workers will be fired.

Due to staff reductions, groups of employees such as pregnant women or mothers with children under the age of three cannot be fired.
When choosing between two candidates, there remains an employee with higher labor productivity and a high degree qualifications. This also applies to retirees.

In cases that do not fall under these criteria, the following categories have the priority right to remain in the workplace.

Employees with a family and two or more people in care.
Employees whose family members do not have their own earnings.
Received on this enterprise Occupational Illness or injury.
Passing refresher courses in conjunction with the performance of work duties.
Disabled people, and groups, combatants.

Reduction of workers who have reached retirement age

Reduction of pensioners occurs according to the same algorithm. According to part 1 of article 77 of the Labor Code of the Russian Federation, the fact of reaching retirement age is not a basis for dismissal.

In case of redundancy, the employee also receives a notice at least 2 months before the last working day. The document is prepared personally and issued under the signature.

Upon dismissal, pensioners, as well as employees of other age groups, according to Article 178 of the Labor Code of the Russian Federation, are paid:

the full amount of severance pay;
compensation for 2 months of unemployment;
upon presentation of a certificate from the employment service - an allowance for the third month of unemployment.

When making a decision to reduce staff, the priority is not legal basis according to the Labor Code of the Russian Federation. They are paid the full amount of severance pay.

In fact, in favor of an employee who has reached retirement age, there is a pre-emptive right to remain in office. When choosing a candidate, an employee with a higher qualification remains.

Registration of a work book

Dismissal due to staff reduction obliges to make the necessary note in the work book of the employee. At the same time, reference is made to paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation. It is indicated that the employee was fired due to staff reduction.

Both pensioners and employees of other age categories, in addition to severance pay, are given vacant positions. The Labor Code of the Russian Federation does not regulate the period during which the employee is obliged to give an answer.

The Labor Code provides for the planned dismissal of employees as part of working practice. At the same time, the legislation defines the procedure for this procedure and protects the rights of employees.

The employer is obliged to make the payment taking into account the full amount of severance pay and compensation for the first two months of unemployment. As prescribed by the Labor Code of the Russian Federation, he offers free vacancies if they are available at the enterprise.

Dismissal of employees due to staff reduction

Upon dismissal in connection with the reduction of citizens in accordance with the norms of Article 77 of the Labor Code of the Russian Federation and other requirements of labor legislation, termination is provided employment contract compiled earlier. In addition, the parties have the right to draw up an agreement based on the application of the rules of Article 78 of the Labor Code of the Russian Federation. After that, mutual settlements between the employee and the employer are required.

Labor Code of the Russian Federation, Article 78. Termination of an employment contract by agreement of the parties

The employment contract may be terminated at any time by agreement of the parties to the employment contract.

In addition, persons dismissed due to a reduction in the number of staff, which is allowed by the norms of Article 81 of the Labor Code of the Russian Federation, have the right to claim severance payments upon dismissal due to a reduction in staff. These are provided in an amount proportionately calculated from the amount of previously received wages.

So, what payments for the reduction of an employee are due to the dismissed person and what compensation is due for a reduction in staff?

The employer must compensate for the period of forced downtime and adaptation when moving to a new job.

Consists of the following main components:

earnings for days worked;
compensation for unscheduled vacation;
additional compensation;
allowance for the period of employment.

ATTENTION: Charges cannot be less than one minimum size wages (minimum wage), calculated for the worked period of time.

Part of these funds is issued immediately after the dismissal, and part remains as a potential opportunity to receive payments in case of redundancy and compensation under appropriate accompanying circumstances, which will be discussed below.

Payments in case of reduction of an employee on the day of dismissal

The day of dismissal is considered the last working day, which is established by order on the basis of the provision on staff reduction or by an agreement drawn up by the parties. Regulated by the provisions of article 79 of the Labor Code of the Russian Federation. On this day, upon request, the employee is provided with a completed work book and payment of severance pay upon dismissal due to redundancy.

What is severance pay when an employee is made redundant? severance pay when reducing the staff of employees - accruals provided only for persons officially employed by the employer - with the conclusion of an employment contract and execution of a work book. They include the amount for the working days worked, allowing the accrual of bonuses and other payments to the employee in case of staff reduction.

They are added to the accrual compensation payments when an employee is made redundant for non-vacation days. When an employee is made redundant, severance pay is calculated as additional compensation or compensation for unforeseen risks upon dismissal.

Earnings for working days - is always accrued, even if the employee worked as a part-time worker, seasonal worker, etc.

This is an essential element of severance pay, which consists of accrual of earnings or part of earnings, commensurate with the established labor contract.

When accruing it, the accountant calculates the number of worked, but not paid earlier working days.

Their number is multiplied by the amount of daily earnings. If the agreement of the parties specifies the payment of bonuses, then they are accrued in proportion to the number of days worked.

In the absence of an agreement between the parties, such an initiative may be taken by the employer, or rely on previously established provisions of the employment contract or other regulations and trade union documents.

Compensation for unused vacation- accruals made in favor of permanent employees for whom the provisions of labor legislation provide for an annual labor leave. Their size depends on:

the number of non-holiday days;
average earnings.

The number of days payable depends on the number of months that have passed since the end of the previous vacation and the length of the vacation period. For example, a specialist is entitled to a vacation of 24 working days - this is 2 calendar days accumulating each month.

Accordingly, if the dismissal took place 8 months after the specialist left the vacation, he is supposed to pay 16 working days in the form of the indicated compensation.

Additional compensation - accruals that are issued to persons who draw up an agreement on termination of an employment contract. Their volume is regulated by the provisions of the agreement or at the discretion of the employer.

IMPORTANT: An employer may provide additional compensation in case of a reduction in the number or staff of employees, but is not obliged to do so. Accordingly, the resigning person is not entitled to claim this type of payment.

Additional payments of compensation in case of reduction of an employee can be paid both at a time and in installments, in a mode convenient for the parties. The amount needs to be clearly defined in the terms of the agreement.

Average earnings for the period of employment - these accruals are provided in all cases when, at the initiative of the employer, a person conscientiously performing functional duties is dismissed.

As the average wage, a proportionate earnings for Last year, from which payments received under social insurance are deducted - for being on sick leave, on maternity leave, etc.

If, as a result of calculating average earnings, it turns out to be lower than the minimum wage provided for by law, it should be raised to the established minimum amount.

Received average earnings calculated in the amount of the number of working days calculated for two months. At the discretion of the employer, if the dismissed person was previously charged a fixed salary, a two-month salary is allowed.

Contributions and taxes. In the Labor legislation, when dismissing citizens to reduce the number of staff, the norms of article 178 of the Labor Code of the Russian Federation come into force, which cancel the force of articles 208,, 212 of the Tax Code.

That is, there is no tax withholding in this case. However, Article 178 establishes limits on the amount of payments upon dismissal due to redundancy, and the remaining funds that exceed the established standards are taxed in the general manner.

In established cases, contributions to the Social Insurance and Pension Funds are deducted from the average daily earnings and vacation pay compensation.

In what cases is it necessary to accrue benefits for the second month?

Sometimes an employment contract or a collective labor agreement, as well as other regulations personnel production provides for the accrual of benefits in the second month after dismissal. For the second month, compensation payments for dismissal due to staff reduction are provided to the dismissed person as material support for the period of prolonged adaptation after the reduction.

Such a legal precedent is admissible within the framework of Article 178 of the Labor Code of the Russian Federation. The benefit is paid only on the condition that the employee dismissed due to the reduction in the number of staff could not find a job due to objective circumstances beyond his control.

These accruals are made from the budget of the employer, in the amount of the average monthly salary or base salary. It is allowed to calculate the average daily earnings, without accruing bonuses and minus the payment of insurance benefits, but not less than the minimum wage.

Additional payments in case of staff reduction for the second month are provided regardless of the fact that the dismissed person has already received compensation in the amount of two months' salary (average earnings).

It is also allowed to receive additional compensation if it was provided for by agreement of the parties and postponed to the second month.

How to get paid for the third month?

If an employee dismissed due to staff reduction could not find a job within two months, then the third month can also be paid. In this case, it is impossible to demand mandatory payment by the employer for forced absenteeism.

This will require an official application from the Employment Service. For persons not registered with the local office of the Employment Service, such benefits are not provided..

What is required for an employee to be made redundant? After submitting a formal petition, handed over to the former employer and attached to the application written in his own hand, the employer calculates the last payment provided as a severance pay for the employee who was dismissed by him.

Its volume also focuses on the average monthly earnings provided for the second month of involuntary unemployment.

REFERENCE: If the recipient of the allowance found a job within a month, then payment is allowed with a reduction in only the period (number of days) when he was not employed.

For more information on severance pay for downsizing, see this video:

Unemployment benefit

In the subsequent period, a citizen who has not found a job due to a reduction in staff, draws up unemployment benefits.

To do this, you need to register with the local branch of the employment service, write an application and attach documentation:

passport;
diploma, certificates and other documents on education (qualifications);
a certificate of average earnings from a former employer;
work book.

The benefit is accrued after registration at the employment exchange as unemployed, but not earlier than the day until which the unemployed person receives benefits and other compensation from the employer.

The amount provided for payment as an allowance to the unemployed is provided by decision of the administrative commission, in amounts from 850 rubles to 4,900 rubles. Payments are accrued from the regional budget, so the regional coefficient can be added to the base amounts.

In terms of duration, the payment of benefits is guided by objective reasons and is made:

until the moment of official employment through the exchange or through independent searches.
If a citizen cannot find a job despite the good faith actions of the inspectors of the SZ - until the moment of a three-time unreasonable refusal from a suitable job provided to him.
If a citizen does not come to the inspector supervising him without warning of a good reason within a month.
Until you go on parental leave when social benefits begin.
Until the receipt of other subsidies and benefits that can be considered as income. This includes old-age or disability pensions.
Before being called up for military service.

REFERENCE: Full-time students who do not receive a scholarship do not receive unemployment benefits.

What is the amount of each allowance?

The amount of the due payment when an employee is laid off depends on the following concomitant reasons that affect the amount accrued:

salary (other income);
the number of days timed as vacation days;
payment provisions included in the agreement;
employer's decision.

In the second and third months, the amount of the allowance focuses only on average earnings (salary).

The employment exchange calculates benefits based on various nuances. Retrenchment workers who register as unemployed in a timely manner may qualify for the maximum benefit.

What if the employer does not pay compensation for redundancy?

The procedure for paying compensation upon reduction is governed by the provisions of article 13 of the Labor Code of the Russian Federation. The calculation and issuance of the required severance pay is provided to citizens on the last working day, which is considered the day of dismissal.

This procedure is supplemented by Article 140 of the Labor Code of the Russian Federation, which allows the issuance of a settlement allowance later, but for reasons of a valid absence of the dismissed person on the day appointed for issuance.

Labor Code of the Russian Federation, Article 140. Terms of calculation upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In the event of a dispute about the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

ATTENTION: Absence of an employee on the day of dismissal at the workplace without good reason, allows imputation disciplinary action, with a review of the grounds for dismissal.

Any violation of the established regulations by the employer is considered as a violation of labor legislation. Basically, such actions are divided into two types:

violation of the terms of issue;
arrears in the calculation.

The civil property rights of employees are protected by the following authorities, which can intervene in the unfair actions of the employer. Among them:

trade union;
State Labour Inspectorate(GTI);
prosecutor's office;
arbitration or civil (general jurisdiction) court.

In case of arrears in accrual, the employee is required to receive the accrued amount in his hands, and for the remaining (claim) amount, file a notifying claim with the manager, with a warning about the intention to appeal.

If the calculation is not issued on the last working day, at the end of the working day it is permissible to submit a notification, also addressed to the head of the organization.

At the same time, you can contact the trade union organization at the place of work by writing a statement about the violation labor rights, addressed to the chairman.

IMPORTANT: Submitted notification documents must be registered by a specialist general department or be transferred against signature, which is put by the authorized executive on the second copy.

If the applicant does not receive an immediate response, with a certificate from the head of the restoration of his violated rights, the next day he can file a complaint with the STI. If the unfair actions of the employer do not stop, it is permissible to contact the prosecutor's office.

In another case, when the employer has set a deadline for the restoration of the violated rights of the employee, but has not corrected the violations, it is advisable to file simultaneous complaints with the STI and the prosecutor's office.

Going to court is an extreme measure that is applied after preliminary attempts to resolve the issue out of court. You can go to court:

if the consideration of the complaint in the STI and the prosecutor's office is rejected, within 10 days after receiving a reasoned refusal.
If these authorities did not find violations, then within 10 days after receiving an extract from the decision of the inspector or prosecutor's check.

The statement of claim is written in the form established or 131 Code of Civil Procedure of the Russian Federation. Served locally legal address the defendant, who will be the employer (Article 35 of the APC, 28 of the Code of Civil Procedure of the Russian Federation).

Arbitration Procedure Code of the Russian Federation, Article 35. Bringing a claim at the location or place of residence of the defendant

The claim is filed in the arbitration court of the subject Russian Federation at the location or place of residence of the defendant.

Article 28

The claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed with the court at the location of the organization.

In certain cases, the material is submitted to the court by the STI inspector or the prosecutor.

Employer's responsibility

On the basis of Article 236 of the Labor Code of the Russian Federation, penalties may be imposed on the head of the company based on the results of an inspection and prosecutorial audit, including with an entry in a personal file.

In addition, a lack of good faith in the performance functional duties which led to the violation of the rights of members of the labor collective, leads to the imposition of penalties.

The fines vary.

In case of malicious violation of the rights of workers, on the basis of abuse official duties, criminal liability is allowed.

In this case, the official guilty of violations may, by a court decision, not only pay a fine, but also receive a restriction on the management of the organization.

All fines and other types of punishment imposed on the employer do not cancel the responsibility to pay the required severance pay to the employee.

Incorrect (downwards) accrual of benefits or their timely failure to provide them are considered dishonest actions of the employer and require the defense of their legal rights.

The article contains the main provisions that will help determine the amount of severance pay due.

This method of terminating an employment contract is especially distinguished from others. It can rightfully be called one of the most protecting the rights of the employee, not the employer. Although this option is the most laborious.

What the law says

A clear statement of the differences between downsizing And staff reduction the law does not.

In practice, there is only one difference: when the number is reduced, the position is not excluded from the staff list, only the number of persons occupying it changes (there were 5 managers, 2 will remain).

And if the staff is reduced, then the position is generally removed from the schedule (for example, the position of an accountant for materials is excluded, his duties will be performed by a payroll accountant).

Making changes to the staffing table

It is possible to make a reduction in employees only when the position is no longer available in staffing. Thus, you can make changes to the already existing schedule, or develop another one, taking into account all the changes.

The new version of the schedule is approved by the relevant order, which also explains why the need for reduction arose, in what period it will be carried out.

All employees of the company or enterprise should be familiar with this order.

Categories of persons who cannot be reduced

Reducing the number of employees or staff - This is entirely the initiative of the management of the company or enterprise. However, there are benefits for certain categories of employees. More on this will be discussed below.

In general, when reducing, a certain rule applies, which is reflected in the legislation: first of all, those employees who are less qualified and have low labor efficiency indicators are fired. In practice, these are most often employees with the least work experience.

The following employees enjoy the advantage of staying at work:

Parents of children with disabilities;
single mothers;
single fathers;
Being the only breadwinner in the family;
Injured or prof. diseases at this particular workplace;
Persons who received a disability in wars;
Heroes of Russia and the Soviet Union;
Victims of the Chernobyl disaster;
Victims of trials in Semipalatinsk;
Undergoing training for which they were assigned by the organization;
Employees who patented inventions (USSR legislation applies here);
Heads of trade union organizations;
Representatives of the team elected by voting who take part in resolving conflict situations with management.

So, it is unacceptable to dismiss by reduction:

Persons, ;
The employee who has the sick leave;
Women who have children under 3 years of age.

This list is not exhaustive; the full list is given in the legislation.

Reasons for layoffs

The law does not directly establish the reasons for layoffs. To make a reduction is the right of the employer, if there are any requiring it economic conditions. But if a dispute arises, the court has the right to check how good the reasons were, whether the reduction was reasonably carried out.

Typically, serious circumstances include:

Inability to pay wages a large staff of workers;
There are positions in the state that are not currently required;
The production technology is changing, in connection with which some of the employees will not be in demand.

Conditions for dismissal

Their observance primarily concerns the employer, if he does not want to pay fines and compensation to illegally dismissed employees in the future.

The reduction procedure must be followed strictly. Any deviation from it will entail a lot of negative consequences;
The dismissal must be justified, and the court has the right to verify this;
The Employment Service must be notified. Employers who ignore this condition often have to pay for forced absenteeism to dismissed employees, already by court order.

Order and procedure of reduction

Dismissal by reduction is carried out in the following order:

The company's management issues an order that it is planned to reduce. And not less than 2 months before the dismissal of employees. Each employee is warned about this personally, and gets acquainted with the order against signature;
Employees subject to redundancy should be offered other positions that match their qualifications. It is worth considering that this is done not once, but throughout the entire period until termination;
The trade union organization must be notified if it operates in the company. If the layoffs are massive, then reduction notice sent to the trade union for 3 months, as required in its ruling by the Constitutional Court of the Russian Federation;
In addition to the trade union organization, the employer also warns the employment service;
If the employee does not agree to any of the proposed vacancies, an order is issued to reduce the staff. The refusal of the employee must be in writing and signed by the employee;
With the consent of the employee, he may be dismissed before the expiration of the two-month period.

Worker's rights in case of downsizing

Many people are poorly versed in the norms of the law, which sometimes becomes convenient for unscrupulous employers. Taking advantage of this situation, they often violate the rights of employees and do not make all the due payments. To prevent this from happening, it is worth considering this point in more detail.

What does the employee have the right guaranteed to him by law:

Severance pay in the amount of average earnings per month;
To maintain this earnings until the moment of finding new work(time limit set);
On compensation provided for by an employment or collective agreement.

From the above examples, it can be seen that the state protects citizens from layoffs at the whim of the leadership, makes it possible to challenge the dismissal in court if it is illegal.

How are redundancy payments made?

Table 1. Payment procedure

What to do if payments are not made in full

Important information : any delay in payments is a violation of the law!

If this order has been violated, any employee can apply to the court, demanding:

Compensation for vacation that was not used;
For sick leave that was not paid;
For moral experiences;
Compensation for expenses incurred in contacting a lawyer;
All % that are due for late payments.

At the same time, you can contact the prosecutor's office. Usually scared employers pay everything. If this is the case, your claim can be dropped.

The statute of limitations for applying to these authorities is 3 months from the date of dismissal.

In any case, you need to carefully study your rights and learn how to protect them.

How to quit more profitable: by reduction or by agreement of the parties

Let's spend a small comparative analysis two types of layoffs. Since quite often employees ask such a question to specialists, it is worth paying attention to its consideration. And the results are presented in the form of a table.

table 2.Comparative analysis of types of dismissal

How profitable it is to quit, everyone decides for himself. You can rely on the criteria given in the table, you can not take them into account. In any case, you need to focus on the situation that has developed for a particular person.

Employer Mistakes

Pressure on an employee to force him to quit own will. Usually dictated by the unwillingness to make the payments required by law;
Dismissal of an employee who is included in the preferential category (the categories are discussed above);
Lack of coordination of the reduction procedure with the trade union (if any);
Reduction without written notice.

This list contains the most typical and frequently occurring errors. Some of them are interpreted by the legislator as illegal dismissal and carries serious legal consequences for an irresponsible employer.

Conclusion

Summing up, we can say that layoffs due to redundancy can affect any person. No one is immune from this, especially if there is a difficult economic situation across the country.

In such a situation, it is important to know your rights and make sure that they are not violated. And if there are certain difficulties, seek help from competent specialists.

No employee is immune from downsizing. In this case, the official dismissal procedure is observed, the procedure for which can be found in the Labor Code of the Russian Federation, and the employee is entitled to payment not only for the days worked, but also special payments.

Dismissal due to reduction is significantly different from similar procedures. The most significant difference is the mandatory informing the employee about the future reduction, as well as material assistance in the form of severance pay.

In this article, we will tell you how to properly carry out the procedure, and what payments are due to the dismissed employee.

If you turn to the legislation, you can familiarize yourself with the reasons for falling under. These reasons include:

Optimization of the workflow, which is associated with a reduction in the number of employees holding identical positions;
Staff reduction. This action involves the dismissal of all employees in a particular position;
(enterprises).

As we have already said, not a single person is immune from optimizing an enterprise, downsizing or liquidating an organization, so you should familiarize yourself with all the payments that are due upon reduction in advance.

There are also payments for the second and third months. They are accrued only if the laid-off employee applied within two weeks from the date of dismissal and was recognized as unemployed. Financial support paid by the former employer.

Registration procedure

In order for the employer not to deceive when reducing and paying compensation, you should familiarize yourself with labor legislation. Particular attention should be paid when signing documents. Before you put your signature, you need to familiarize yourself with the document as much as possible.

All payments are handled by the company's accounting department.. Compensation is calculated on the basis of a previously issued order, which indicates the reason for dismissal and the amount of all due compensation.

Calculation terms

All payments are made on the last day of work of the employee. Thus, the employee receives a salary for all days worked (including the last one), and also receives vacation pay and benefits. The remaining benefits are paid on the days that were chosen during a joint conversation with the employer.

In a crisis, enterprises are looking for various ways to optimize their activities.

In few places the administration thinks about the intensification of production processes, introduces new technologies in work. It is much easier to reduce costs by reducing people.

The reduction is carried out in strict accordance with the Labor Code of the Russian Federation, and in this case, the employee is entitled to a number of payments.

Management often tries to take advantage of the citizen's ignorance and save on severance payments. How to get what is due, to resist arbitrariness, we will consider below.

What is staff reduction, what articles of the Labor Code regulate it

The essence of the reduction is to reduce the number of employees / employees of the enterprise.

The process is underway according to three schemes:

legal relationship modern enterprise between employees and the employer are arranged in a contractual manner. Legally, the reduction implies the termination of the employment contract / agreement initiated by the management of the enterprise - paragraph 2 of article 81 of the Labor Code of the Russian Federation. Also, all aspects of optimizing the staff are provided for by Articles 178-180, related provisions of the law.

Reasons for this procedure

The loss of a job often results in litigation between the parties. The claims of the dismissed people also concern unjustified dismissal.

In this regard, the Constitutional Court of the Russian Federation issued a ruling dated December 18, 2007, which freed employers to justify the expediency of reductions. Any employer is free to decide at its own discretion to reduce the number of workers, if it considers such a step economically justified.

Not regulated, but often occurring in practice, grounds for reduction staff/numbers serve:

changes in the organizational and legal structure of the organization;
deterioration of the economic situation of the enterprise;
changes in employer standards to professional qualifications workers.

When considering claims, the courts decide on the legality of the procedure and procedure for awarding payments, without making judgments about the need for optimization.

However, in exceptional cases, the employer is forced to justify his decision with documentary evidence. For example, in confirmation of the reality of the reduction in the reorganized enterprise, the court may request a new staffing table.

The loss of a job entails an inevitable deterioration in the financial situation. That's why the law introduced restrictions to apply such a step to socially vulnerable workers.

Employer has no right to cut:

raising children up to 14 years of age. If, however, a single mother can continue to work until the dependent reaches the age of majority.
If a parent is deprived of the rights to raise, the person replacing her, a single father, falls under the protection of the law.
All women raising children under the age of three.
The sole breadwinner in a family with a disabled child under 18 years of age.
Women in .
Employees who received work injury and injury in this enterprise.
Disabled due to military trauma.
Employees who are on vacation or in treatment for temporary disability.

If large-scale optimization is planned, when there are several applicants for the positions to be left, Article 179 of the Labor Code on the preferential procedure for maintaining jobs comes into force.

Priority receive:

High performance workers.
Professionals of the highest category.

If the employees are of equal value, then they are considered family and social status. The advantage is guaranteed:

family employees with two or more dependents;
persons - the only able-bodied in the family;
employees who have received occupational diseases during the period of work;
undergoing qualification retraining in the direction of the employer without interrupting the production process.

When reducing staff to 18 years of age, the employer is required to obtain permission state inspection labor and guardianship authorities (Article 161 of the Labor Code).

Workers' rights

The law does not allow layoffs without warning. The employer is obliged to warn candidates about an unpleasant event 2 months in advance in writing.

Starting from 2016, in the notice to the employer suggests ways to avoid contraction: for example, work on a reduced schedule. For seasonal workers, labor legislation provides for a different notice period - 7 days (Article 296 of the Labor Code).

At the same time, at least formally, the person being reduced should have a choice: the employer offers employees alternative employment options (Article 180 of the Labor Code). At the same time, the vacancy must correspond to the qualifications of the employee, but the level of payment may be lower.

If mass optimization is expected, the administration of the enterprise should notify the employment service, and if there is a trade union association, coordinate all aspects of optimization with representatives of labor interests.

List of payments

The Labor Code established a number of payments for laid-off workers.

Dismissed citizen laid:

Salary for the last month or proportional to the period worked before dismissal (Article 140 of the Labor Code);
Compensation for unused vacation;
Severance pay in the amount of average monthly earnings;
Financial support within two months from the date of dismissal in the amount of average earnings.

Important register with the employment office no later than 14 days after the “parting” with the enterprise, since, according to the decision of the CZN, the payment period “according to the average” can be extended by another month, if social service for two weeks was unable to employ an unemployed person.

The labor exchange will go to extend the payment for forced rest, even if a person is late with registration. However, the reasons must be force majeure. Usually - illness or caring for a seriously ill family member.

But if a specialist finds a new job before the expiration of a 2-month period, the payment will go according to the actual non-working period.

The procedure for calculating severance pay

Article 139 of the Labor Code and government decree 922 of December 2007 regulate the procedure for calculating payments.

According to their norms, the period for calculating the "average" is taken as 12 months preceding the date of reduction.

The calculation includes:

Cash rewards, bonuses, bonus payments. In one month, only one of the total amount of additional payments is taken into account. But there is nothing illegal if unaccounted bonuses are included in the months without surcharges.
Bonuses for length of service, length of service, qualifications, bonus based on the results of work for the year (13th salary);
Other payments included in the monthly salary.

It is worth remembering that the earnings ratio used for severance payments should not be lower than the federal one on the date of dismissal.

In calculation not included:

Temporary disability due to illness, being on social leave - for example, a decree;
When the employee was absent from work for independent reasons: business trips, internships, training during working hours;
Strikes and forced downtime of the enterprise, when the employee was unable to work;
Time officially provided by the employer for breastfeeding or caring for a disabled child.

When a person who has been laid off has worked for the company for less than a year, the full period of work is taken into account. If you had a chance to work for a very short time, less than a month, the severance pay is calculated based on tariff rate, salary according to the position, other payment norms established according to the position.

Early layoff at the initiative of the employee

The legislator provides the possibility of early termination of the contract in connection with the upcoming reduction. Conducted exclusively with written consent candidate for downsizing.

Benefits of this step:

there is a significant margin of time for advanced training, mastering a new profession and finding a job;
a person receives an additional allowance-compensation in addition to standard payments.

Example. Accrual is based on average earnings in proportion to the time remaining until dismissal. Let's say a person receives a warning about staff changes planned at the enterprise in 60 days. After thinking about it for a week, the employee applies for an early reduction. Compensation will be credited for 53 days not worked.

Holiday compensation

Order compensation for unused vacation defined by article 127 of the Labor Code. The amount of the payment depends on the duration of the planned vacation. In this case, compensation for the time spent on vacation is not charged. For example, a person, before the reduction, “walked off” part of the time, dividing holiday period into two parts. Here he will be paid only the remaining time.

According to Article 81 of the Labor Code, if the employee who has been reduced has worked for more than 5 months in the current year, vacation pay is calculated in full. In other cases, compensation will be calculated according to the hours worked after the fact.

Order of registration and receipt

By and large, the accrual of “compensation” is the concern of the enterprise. In particular, the "cadres" prepare the documentary basis, the accounting department calculates everything due.

One-time payments are transferred on the last day of employment.

Severance pay accrues former employer at the end of the billing period of the first, second and third months of accounting in the CZN. You will need to provide a work book without another employment record.

For information on what payments are due to employees when laying off staff, see the following video: