by virtue of Art. 180 of the Labor Code can be initiated by the employer, with the consent of the employee, however, the Constitutional Court gave its own interpretation of this norm. Read about this and other nuances of early dismissal during staff reduction in this article.
How can you terminate the contract with a reduced person: only at the initiative of the employer or also at the employee's own request
The right to early dismissal in case of reduction of the employee or liquidation of the employer is provided for by Art. 180 TK. At the same time, it is formulated as the right of the employer, with the consent of the employee, to terminate the labor Relations, which created some uncertainty.
There is an opinion that such wording excludes the right of the employee to demand early termination in accordance with Art. 180 of the Labor Code, i.e., with the preservation of the right to additional compensation. An employee can express a desire to quit, based on Art. 80 TK. If the worker voices such a desire within the period allotted for the notice of reduction, the employer dismisses him without paying additional compensation.
Clarity in the interpretation of Art. 180 of the Labor Code was introduced by the Constitutional Court. 09/29/2015 in determination No. 1881-O, indicating that there are no obstacles for workers to apply for dismissal. In this case, the consent of the employer is required.
Conclusion: both parties can initiate early termination of the employment relationship, but dismissal is possible only with the consent of the opposite party. This maintains a balance between the interests of the employer and the employee.
Step-by-step instructions for early termination of an employment contract
It is possible to start the early dismissal procedure only after warning the employee and until the moment of dismissal.
According to Art. 180 of the Labor Code of the planned reduction or liquidation of the company, the employer personally warns each dismissed employee 2 months in advance. The ruling of the Constitutional Court dated September 24, 2013 No. 1246-O states that a 2-month period is the minimum. The opportunity to warn the employee in advance is not excluded, on the contrary, such a warning will provide more favorable conditions for the new employment of the dismissed person.
The Labor Code has established reduced warning periods in 2 cases:
- for seasonal workers - a week (Article 296);
- with a fixed-term employment contract - 3 calendar days(Article 292).
After a warning, the early dismissal procedure consists of 5 steps:
Step 1: Expression of initiative by the employee or employer.
The TC does not contain requirements for the form of expression of such an initiative. Accordingly, it can be expressed orally or in writing.
Step 2: agreement.
For early termination of the relationship, the parties must come to an agreement. If the court finds the absence of the consent of the second party, most likely, a ruling will be issued to cancel the dismissal (for example, the Moscow City Court decided so in the appeal ruling dated August 16, 2013 No. 11-26551).
In Art. 180 of the Labor Code states that an employer who has expressed a desire to terminate the contract ahead of schedule must obtain the written approval of the worker.
The Labor Code does not contain an indication of the form of consent of the employer when an employee puts forward an initiative. It seems that obtaining written consent from the organization when reaching an agreement is not necessary, since the transition to the next step may be evidence of the employer's intention to terminate the contract ahead of schedule.
IMPORTANT! Upon reaching an agreement, the employee must understand the consequences of early dismissal. For example, the Moscow City Court, in its appeal ruling dated July 10, 2014 No. 33-27118, concluded that after obtaining the employee’s consent to dismissal earlier than the warning period expires, the employer is no longer obliged to offer him vacancies.
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Step 3: decoration.
Grounds for dismissal under Art. 84.1 of the Labor Code is an order for early dismissal, drawn up in free form or according to T-8, approved. Decree of the State Statistics Committee of the Russian Federation No. 1 dated 05.01.2004. The employee signs the order, thereby confirming the fact of acquaintance with it. If desired, the employee can receive a copy of this document.
Beyond the order personnel service draws up a note-calculation and makes an entry about the dismissal in the work book.
Step 4: calculation.
On the last day of work, the calculation is carried out according to Art. 140 TC:
- The employer pays the employee:
- unpaid wages, vacation pay, etc.;
- additional compensation. - the employee pays the employer:
- Compensation for real damage caused directly by the employee.
Step 5: issuance of documents.
Simultaneously with the calculation, the employee receives his work book in his hands, and, upon separate request, also certified copies of documents.
Sample application for early dismissal upon dismissal due to staff reduction
The employee expresses a desire to terminate the contract ahead of schedule orally when talking with the manager or in writing by sending him a statement.
There is no unified application form, but practice proceeds from the following content:
- Standard header in the upper right corner containing the names of the parties:
- an indication of the head of the organization to which the application is sent;
- position and name of the reduced employee.
- Heading "Statement" in the center.
- A direct statement stating:
- information about the order in accordance with which the employee is reduced;
- request to terminate the employment relationship ahead of schedule on the basis of Art. 180 TK;
- an indication of the need to provide the laid-off employee labor guarantees to pay additional compensation.
- Details: date, signature.
An application form is available on our website.
IMPORTANT! The employee under Art. 80 TC upon dismissal own will has the right to withdraw the application until the warning time has expired, if his position was not offered in writing to another person in the order of transfer. The right to return the application also applies to the employee's application for early dismissal due to a reduction in staff or the liquidation of the employing organization.
Compensation for early dismissal in case of liquidation of the employer, reduction of the employee
According to Art. 180 of the Labor Code, an early dismissed employee receives compensation. Its size is approximately equal to the earnings that the employee would have received if he had worked the time remaining before the reduction or liquidation of the organization. The exact amount of compensation is calculated as follows:
Compensation = average earnings× time until the warning expires.
Average earnings are defined as the ratio of the entire amount earned in relation to the hours worked over the past 12 months (Article 139 of the Labor Code).
The time remaining until the expiration of the warning period is indicated in days. Usually it does not exceed 60, but, as indicated by the Moscow City Court in the appeal ruling dated December 4, 2012 No. 11-26294 / 2012, the Labor Code does not limit the period for which compensation is accrued to 2 months. This period is set as the minimum notice period.
Therefore, if the employer warns the employee about the upcoming dismissal, for example, 4 months in advance, and after a month the parties agree on early dismissal, then compensation will be calculated based on the remaining 3 months before the end of the warning period.
Let's summarize. In the event of the liquidation of the employer or the reduction of the employee, the dismissed employee himself or his employer has the right to express the initiative to terminate employment contract ahead of schedule. For early dismissal, you must obtain the consent of the other party.
Early dismissal employees are entitled to additional compensation. It is calculated by multiplying the average earnings by the remaining days until the notice period expires.
Under certain conditions, you can apply for early dismissal by reduction. Consider how to do it correctly in order to avoid litigation.
Staff reduction remains the most popular cost optimization measure among employers. By general rule, about the upcoming dismissal on this basis, employees are warned personally and against signature at least two months in advance (clause 2, part one, article 81, part two, article 180 of the Labor Code of the Russian Federation).
Under what conditions can early dismissal
In the text of the notice of dismissal or in another document, the employer has the right to offer the employee to terminate the employment contract before the two-month notice period expires (part three of article 180 of the Labor Code of the Russian Federation). Early dismissal is possible if two conditions are met:
- reduction is carried out in accordance with the procedure established by law;
- the employee agreed to leave early with the payment of additional compensation.
The legality of the reduction. The Labor Code regulates in detail how to carry out the reduction. So, the decision to reduce the staff must be notified to the employment service and the trade union (if any) no later than two months, and if mass layoffs are planned, no later than three months before the start of termination of employment contracts (part one of article 82 of the Labor Code of the Russian Federation, Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1, ruling of the Constitutional Court of the Russian Federation of January 15, 2008 No. 201-O-P).
It is necessary to take into account the preferential right of employees to stay at work, to offer vacancies to those who are laid off (part three, article 81, article 179, part one, article 180 of the Labor Code of the Russian Federation).
Employee consent. The employee must give written agreement for early dismissal. This may be an inscription on the notice or a separate document. To prevent the employee from making mistakes, offer to write a statement indicating the reason for dismissal, the details of the notice of reduction and the date on which he agrees to leave early (sample below).
Consent to early termination
If the employee does not indicate the date or reason for dismissal in the application, the court has the right to recognize the termination of the employment contract as illegal (appellate ruling of the Moscow City Court dated June 2, 2016 in case No. 33-14856 / 2016).
The law does not prohibit an employee from withdrawing consent to early dismissal. However, the employer is not obliged to follow his lead. The revocation of consent does not have significant significance, since the employee is dismissed to reduce staff, and not of their own free will.
Therefore, the employer has the right not to take into account the change in the position of the employee and dismiss him on the agreed date. This is confirmed by judicial practice (decision of the Moscow City Court of May 26, 2011 in case No. 33-15827).
Sometimes the employee himself demands that he be fired ahead of schedule. If we interpret the Labor Code literally, the employer is not obliged to do this (part three of article 180 of the Labor Code of the Russian Federation). Until the notice period for the reduction has expired, the employee has the right to quit at his own request (clause 3 of the first article 77 of the Labor Code of the Russian Federation). But then he loses the right to severance pay and average earnings for the period of employment (Articles 178, 180 of the Labor Code of the Russian Federation).
Thus, this situation will inevitably lead to conflict and litigation. Therefore, we recommend that you agree to early dismissal of the redundant employee in the case when such an initiative comes from him.
How to issue a dismissal order
The notice of dismissal is issued by unified form No. T-8 or another developed by the organization (sample below). The employment contract is terminated under paragraph 2 of the first part of Article 81 of the Labor Code. As documents - the grounds indicate a notice of the upcoming dismissal to reduce staff, a written consent (statement) of the employee for early dismissal.
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What payments are due to an employee in case of early reduction
On the day of dismissal, the employee is paid the final settlement (Article 84.1, 140 of the Labor Code of the Russian Federation). It includes salary, compensation for unused vacation, severance pay in the amount of average monthly earnings.
The reduced employee retains the 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 maintained for the third month from the date of dismissal.
The decision on this is made by the employment service. In practice, the question arises, from what date, in case of early reduction, to calculate the period of employment, for which the employee is entitled to the average monthly salary. After all, the date of dismissal is different from that indicated in the notice. As follows from the Labor Code, this period is calculated from the actual day of dismissal, and not from the date specified in the notice (Article 178 of the Labor Code of the Russian Federation).
In addition to the above payments in case of early dismissal, the employee is entitled to additional compensation. It is calculated from the average earnings in proportion to the time remaining until the end of the termination notice period (formula below). To calculate the average daily earnings, apply the procedure established by the Decree of the Government of the Russian Federation of December 24, 2007 No. 922.
Example:
On September 14, 2016, accountant Olga M. was handed a notice of dismissal due to staff reduction on November 15, 2016. The employee agreed to early dismissal on October 3, 2016. The average daily wage is 1138 rubles. Olga works on a five-day calendar working week. Thus, additional compensation must be calculated within 30 working days.
The amount of compensation will be 34,140 rubles. (1138 rubles × 30 days).
If the employer does not pay additional compensation, this will not affect the legality of the dismissal. However, the dismissed employee will be able to recover the amount of compensation through the court (appeal ruling of the Moscow City Court dated October 6, 2015 in case No. 33-36827 / 2015).
How to make an entry in the work book and personal card
The work book is filled out in accordance with the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 and the Instruction approved by Decree of the Ministry of Labor of Russia of October 10, 2003 No. 69.
The entry in the workbook of an employee dismissed early due to a reduction in staff will not differ from the entries in the workbooks of employees dismissed for the same reason within the period specified in the notice (sample below).
Sample work book
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An entry in the employee's personal card will also be standard (sample below). The work book and personal card do not include information that the dismissal was early.
Entry on a personal card
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Regardless of the reasons for the dismissal of subordinates, the management of any company, however, must comply with the legislatively regulated procedure for reducing staff. Thus, the early dismissal of a subordinate before the expiration of the warning period can be initiated by both the employer, with the consent of the employee, and the subordinate, having drawn up an appropriate application.
Grounds for early dismissal of an employee before the expiration of the notice period
Based on Art. 180 of the Labor Code of the Russian Federation, it is possible for the parties to an employment agreement to terminate it ahead of schedule during the procedure. Thus, the article fixes the following provisions:
- the manager has the right to terminate the employment relationship until the end of the two-month period (the regulated term for dismissal from the date of notification);
- such a process can be carried out only with the consent of the dismissed person;
- under these circumstances, the employer is obliged to make an additional payment to the employee in the amount of his average salary, calculated on the number of days that he had to finalize before the end of the designated two months.
Also based on Art. 180 of the Labor Code of the Russian Federation, we can conclude that the employer should be the initiator of such a reduction. At the same time, the article does not fix the provisions according to which the employee has the right to provoke the specified procedure. It is understood that a subordinate cannot initiate a dismissal while retaining the right to subsequent compensation payments in the form of severance pay.
However, Art. 180 of the Labor Code of the Russian Federation also does not include an unequivocal ban on early dismissal at the will of a subordinate. Therefore, as practice shows, the most common way for a subject to initiate dismissal before the deadline is to submit an appropriate application.
In turn, the employer is a legally regulated person who has the right to begin the early dismissal procedure. In this case, the form of the reduction is determined within the organization.
For the lawful early dismissal of an employee, the employer must obtain from him written consent to the relevant actions.
Necessary payments in case of early reduction of the employee before the expiration of the warning period
Among other things, the employee has the right to expect to receive compensation funds. They are calculated according to the following formula: K \u003d Z / Psr * T, where:
- K - the amount of compensation;
- Z/Psr - the average earnings of the subject, which is defined as the ratio of all earned funds for the year to the time actually worked for the same period (Article 139 of the Labor Code of the Russian Federation);
- T is the time remaining until the expiration of the notification period.
Also, based on Art. 84 of the Labor Code of the Russian Federation, the head of the company will be obliged to pay the following amounts to the dismissed subordinate:
Notice of early redundancy of an employee
Based on part 2 of Art. 180 of the Labor Code of the Russian Federation, the period between the notification of employees about the dismissal and the direct reduction is not determined arbitrarily. The term for which the manager sends the notification depends on the labor status of the subordinate. In particular, for employees who carry out their professional activity on a permanent basis, this period is 2 months.
In addition, based on Art. 296 of the Labor Code of the Russian Federation, the following frequency is also valid:
- dismissal of seasonal workers should be carried out no earlier than 7 days after notification;
- dismissal of temporary subordinates with whom it was concluded contract of employment less than two months, must be notified at least 3 days before the reduction.
The immediate counting of days must begin from the day that comes after the date on the notification. For example, if the notification was provided to the subject on April 1, then his dismissal is legal only on June 2.
If the employee is not at the workplace on the day the notification is provided, the period begins to be calculated from the date following the day when the subordinate was familiarized with the paper and put his signature on the document indicating the day of familiarization.
If the employee refuses to sign the notice, two witnesses must be present to confirm that the subject is informed of the dismissal.
At the same time, the action of the notification cannot be suspended even when the subject is on vacation or on sick leave. Also, the reason is not simple due to the fault of the employer.
The notice is a special document in which the following data is recorded:
- Full name and position of the person who fell under the reduction;
- information about the organization, as well as about the head;
- justification for dismissal, containing a link to the relevant paper;
- designation in case of availability of free vacancies for the reduced subordinate;
- signatures of the head and employee;
- the date of execution of the document and the date of familiarization of the subordinate with the notification.
The procedure for early dismissal of an employee before the expiration of the warning period
The order of early reduction consists in the following stages:
- Definition of the initiating party (employer or subordinate). The Labor Code of the Russian Federation does not regulate the form of expression of will. It is understood that the parties can express such a desire both in writing (an employee - through a statement, a manager - through a notification) and orally.
- Consent stage. In the absence of the consent of one of the parties to the dismissal, this situation may escalate into a trial, where the judge is most likely to issue a verdict to cancel the reduction. To prove consistency, the manager must have the written consent of the employee, and the subordinate must have a statement signed by the manager. Also, in both cases, evidence will be considered evidence.
- Formulation of the procedure. Early dismissal of an employee is carried out under Art. 84 of the Labor Code of the Russian Federation, where the corresponding order of the head serves as the basis. Also, in addition to the order, personnel department a note is drawn up with the calculation of payments, after which the corresponding entry is entered in the work book of the subject.
- Calculation procedure. All calculations are carried out on the last working day of the employee on the basis of Art. 140 of the Labor Code of the Russian Federation. The manager must ensure the payment of wages, as well as some additional compensation. If necessary, the employee must also pay damages to the employer, if any.
- Delivery of documents. Upon the fact of making the calculations, the subject receives, together with financial resources personal work papers. In particular, this means employment history, but it can also be any documents related to the employee, if he requested in advance to receive the appropriate certified copies in the accounting or personnel department.
Early reduction at the request of the employee, payment of severance pay
An employee can express his will on early dismissal orally (in a conversation with the manager) and in writing (by writing a corresponding statement).
The legislation does not provide for a regulated form for such a statement. Practice shows that General requirements to the design are as follows:
In case of early dismissal during staff reduction at the initiative of the employee, on the basis of Art. 80 of the Labor Code of the Russian Federation, he has the right to withdraw this application before the end of the warning period, if the vacancy he occupies was not occupied by another employee upon the fact of the transfer.
The payment of benefits upon dismissal is assigned for a number of clearly regulated reasons (Article 178 of the Labor Code of the Russian Federation). Thus, the list of such grounds does not provide for the payment of a severance pay to a person who has expressed a desire to quit of his own free will.
Violations by the employer in case of early dismissal in case of staff reduction before the expiration of the warning period
Practice shows that early dismissal is most often associated with the following violations of employee rights:
- the manager did not receive written consent from the subordinate, but the dismissal procedure went according to the standard algorithm;
- the company has not paid all the required compensation amounts;
- the very procedure for early dismissal of a subordinate was carried out with violations. For example, the application was filled out with errors or this fact was not covered for the employment service;
- the dismissed person was notified later than the prescribed two months before the dismissal;
- the employee was subject to moral pressure from the administrative apparatus, which forced him to write a statement “of his own free will”. Often this is practiced in order to save the company's money.
To protect their rights, the employee must:
- receive professional legal advice in a timely manner. If necessary, a lawyer will also help file a lawsuit in court, and will become a representative of the plaintiff if it comes to litigation;
- to study labor legislation in detail in the context of lawful ways of early dismissal, independently defending their rights in court.
The law does not prohibit early dismissal of an employee in case of staff reduction at the initiative of the employee. This gives the employee the opportunity to start looking for a new job as soon as possible..
The procedure for dismissal to reduce staff is quite complicated and “paper”. First, the employer must issue a layoff order. This is not an order to dismiss for some reason, this is an order to start layoffs.
The order indicates which positions are subject to reduction.
Then, each employee who falls under the reduction must be notified in writing. The employee signs the notice, thereby showing that he has read it. The employee must be notified at least 2 months in advance. This suggests that the employee will work for about 2 more months, and then he will be fired. But there is an early dismissal with a reduction in staff, which means that the employee leaves before the expiration of 2 months. But how to do it right in order to get all the due payments?
When reducing the staff, the employer must make the following payments to each employee:
- salary for all actually worked shifts or days in the month in which the employee writes the application;
- compensation for unscheduled vacation;
- severance pay in the amount of one average salary of this employee per month;
- allowance for the period of employment of a laid-off employee. By law, the employer must pay only 2 months of employment in the amount of the average earnings of this employee for each month;
- if the employee was registered with the employment center within 2 weeks after the reduction, but could not find a job within 2 months, then the employer must pay another average salary.
- if there is an early dismissal due to reduction at the initiative of the employee, then the employer must pay another benefit, which is calculated in proportion to the remaining working days before the reduction.
In order not to lose all the above payments due to the dishonesty of the employer, you need to quit correctly.
Since the employee quits on his own initiative, he must write a statement of his own free will. In order to "correctly" quit early with a reduction in staff, you need to correctly write an application.
The application must indicate:
- the fact that the employee is already familiar with the beginning of the redundancy procedure. Be sure to indicate the date when the employer brought the order and notification to the attention of the employee;
- the fact that the employee was offered vacancies available at the enterprise that correspond to his qualifications and work experience;
- the fact that the dismissal is a personal initiative of the employee, and he wants to quit ahead of schedule, before the expiration of the prescribed two months;
- the fact that the employee, even in this case, claims all the payments that are due to him by law;
Be sure to indicate the date from which the employee leaves.
The employer must sign this application. Thus, he confirms his consent to the dismissal of the employee on such conditions.
After signing the application, the employer must issue an order stating that it is necessary to "dismiss the employee (full name) ahead of schedule on his initiative ... .. (HH. MM. YY)".
The order is registered in the order log. It must also be signed by the employee. This indicates that the employee has read the order.
The employer must make a full settlement with the employee on the day of his dismissal. If the employer evades the payment of all compensatory benefits, the employee has the right to apply for the protection of his rights to the labor inspectorate, the prosecutor's office or the court.
If the decision is made in favor of the employee, the employer will have to pay the employee all the payments required by law, as well as compensate for legal costs and compensate for moral and material damage.
To reinsure yourself, you can draw up a written agreement on early dismissal, where you accurately indicate the amount of all compensation payments and the procedure for their provision.
Such an agreement must be drawn up in 2 copies and signed by both parties.
Reducing the staff and the number of employees is a necessary procedure, which is increasingly practiced in large organizations. In case of early dismissal, the employer pays monetary compensation. Thus, the employee can quickly start looking for a new job without remaining in debt (like a foreman, with a terminated contract).
Termination of the employment contract in case of staff reduction at the initiative of the employee
The legislation of the Russian Federation obliges managers to conclude employment contracts when hiring employees. The document provides for the obligations of the parties - the employer must pay wages in a timely manner and provide working conditions. In turn, the employee is required to comply with the conditions internal regulations enterprise and perform work in accordance with job description. The employment contract ensures the legitimacy of the business relationship. In addition, the signed agreement guarantees that the employer will not be able to dismiss the employee without good reason, and the employee will not go to work, thereby causing losses to the company. A business contract can only be terminated in accordance with articles Labor Code RF and after the employer issues an order to terminate the employment contract.
The grounds for termination of an employment contract may be the following:
- By agreement of the parties - at the mutual desire of the employee and the employer, it is possible to terminate business relationship by signing a contract to terminate the TD. At the same time, the rights of the parties should not be infringed;
- At the initiative of the employee own desire to stop working, due to personal or family circumstances;
- Due to circumstances beyond the control of the parties - for example, the liquidation of an enterprise or a medical report on the state of health of an employee, in connection with which the continuation labor activity becomes impossible;
- Expiration of the employment contract if an urgent TD is concluded;
- At the initiative of the employer lateness or other violations of discipline may lead to the termination of the employment contract and the collection of a fine. In addition, there are the following reasons for dismissal of an employee:
- inconsistency with the position held;
- lack of qualifications;
- repeated violations committed at work;
- failure to fulfill obligations;
- absence from the office for more than 4 hours in a row;
- downsizing or downsizing.
Reducing the number of employees is a way to optimize the company and prevent unwanted losses. In some cases, the department may be reduced only because there is no longer a need for employees. In any case, such an initiative of the employer is legal and regulated article No. 180 of the Labor Code of the Russian Federation.
Downsizing implies exclusion from the list of an enterprise employee, position or even department. The head informs about this personally, two months in advance. The employee has the right to look for a new workplace and even quit early. Atearly termination of the employment contract, the employer is obliged to pay material compensation to the employee in the amount of a monthly salary.
Before the events, the initiator of the dismissal can be both an employee and the head of the organization. In addition, the parties may come to a general agreement on early termination of the contract upon reduction. For this, a contract is drawn up in two copies. On the day of dismissal, the employee is paid wage and compensation. It is possible to cancel the employment agreement at the initiative of the employee on the basis of an application. The reason for leaving is voluntarily.
Statement
In case of early dismissal of his own free will, the employee must notify the employer 2 weeks in advance.
The application must contain the following information:
- date of receipt of the notice of redundancy;
- a list of proposed vacancies that the employee refused;
- reason for early termination.
At the same time, the employee must also indicate that he is claiming the due payments, otherwise this will be considered as a waiver of the legal right to compensation. The employer is obliged to sign the application and issue an appropriate order. On the day of dismissal, the employee is paid wages and severance pay. The work book is handed out.
Download a sample application for early termination of an employment contract with a reduction from the link.
How to terminate an employment contract at the initiative of the employer?
Downsizing is a legal way to fire an employee. In doing so, the employer must follow established order. An improperly executed layoff can result in the employee having to be reinstated, compensated and forced absenteeism, resulting in both parties suffering. In order to prevent this from happening, it is necessary to follow the legal procedure:
- draw up an order for the upcoming reduction in staff;
- notify employees in writing 2 months in advance (against signature);
- suggest vacant position or other work that matches the qualifications of employees;
- the employee, in turn, has the right to accept the offer or refuse. Any decision is confirmed by a written document;
- issuance of an order to reduce staff with a list of names of employees;
- termination of the employment contract and the official dismissal of employees.
If a termination initiator The TD is an employer and is responsible for paying compensation to all laid-off employees, in the amount of the average monthly salary, as well as severance pay.
The employer has the right early termination of the employment contract with the laid-off employee if he agrees. The procedure for dismissal occurs in the same order. The head of the company is obliged to notify the employee in writing. In this case, it will be necessary to pay compensation for the expected period of work before the reduction.
According to the law of the Russian Federation, some employees have privileges in case of staff reduction. You must provide a job:
- pregnant women;
- persons whose income is the only one in the family;
- disabled people;
- veterans;
- workers who have suffered an occupational injury.
- notification of the upcoming reduction in staff, a link to the order;
- date of termination of the employment contract;
- list of vacancies;
- due payments;
- calculation method;
- conditions for early dismissal at the request of the parties;
- compensation amount.
In addition to the order, employees are sent a registered letter with notice, or handed over personally, against signature. The document must be drawn up by the head of the organization or a responsible person.
Download a sample notice to an employee about layoffs
Order
When a decision is made to reduce staff, the head of the organization must draw up an order and bring it to the attention of employees. The document is published 2 months before the upcoming dismissal. Termination of employment and termination of contracts occurs only if the employees refuse the offered vacancies, while the employer pays compensation and severance pay, in accordance with TK RF.
The redundancy order contains the following information:
- name of the document, serial number, date of publication;
- the reason for the downsizing;
- date of termination of the employment contract;
- a list of employees and positions that have been made redundant;
- list of vacancies;
- date, signature of the head, seal of the organization.
The document is brought to the attention of each employee against signature. The data of the order, in the future, will be entered in the work book.
Download the form of the order to terminate the employment contract
What payments are due?
Three days before the upcoming dismissal, the employee is supposed to pay:
- wages for hours actually worked;
- premium;
- overtime for work on weekends or holidays;
- monetary compensation for unused annual paid leave.
In addition, in case of staff reduction, severance pay , in the amount of the average monthly salary. Some employees are required compensation for early termination of the employment contract. This payment is calculated based on the date the employee leaves, for example, 1 month before the upcoming reduction. In this case, the employer is obliged to pay compensation for the remaining period of 30 days.
How to challenge the termination of an employment contract during a reduction?
The dismissal of an employee is always formalized with reference to the articles of the Labor Code of the Russian Federation. Violation of rights entails administrative liability.
An employee has the right to apply to the court if:
- an incorrect reduction procedure was followed;
- an early termination agreement was signed under duress;
- the employee was not informed about the vacancies or was not compensated.
In these cases, it is necessary to contact the state executive bodies or to the Labor Inspectorate. The limitation period for a case is 1 month. During this time, it is required to provide the court with all the facts of violation of the employment contract. If the claim is satisfied, the employee is reinstated at the workplace, and the employer undertakes to pay forced absenteeism.
