Leave before layoffs. How to correctly calculate compensation for unused vacation upon dismissal due to redundancy? Granting leave during the reduction period

According to the legislation, the reduction of an employee on vacation can be made only with the complete liquidation of the organization. In all other cases, it will not be possible to reduce the employee until he leaves the vacation, including child care. These rules apply to all types of holidays. Even if you took a vacation at your own expense without saving wages. To reduce, you will need to take into account all the nuances, as well as know the procedure.

basic information

The reduction refers to the rupture of labor relations at the initiative of the head. The reduction regulation is spelled out in 81 articles.

Important! It is impossible to reduce an employee on vacation, except in cases with the complete liquidation of the organization. Under this procedure, vacationers are also reduced within the prescribed time limits.

There are several conditions for reduction:

  • an order was issued that regulates the type of reduction and has grounds for reduction;

  • a procedure plan was developed taking into account all the nuances related to persons with preemptive rights and benefits;
  • all those who are reduced have been sent a notification, which must be signed by the employee upon receipt;

  • all organizations are notified, including the employment service in the required region;
  • vacant vacancies that are available must be offered to the reduced in the manner prescribed by the pre-emptive right.

Important! In the presence of trade union organization its mandatory notification is required, which is carried out together with the notification of employees. If the person being laid off is a member of a trade union, then permission will be required to reduce him. It is issued in writing union upon notification.

All conditions must be met in full, since otherwise the dismissal will be illegal, which will allow the employee to return to his previous position. It should be borne in mind that even a reduced position can be reintroduced into the staff list by a court decision.

There are several important points that are regulated by law:

  • when reducing all due payments, including vacation pay must be paid on the last working day, which is further prescribed in the labor day;
  • the offer of positions must be in writing, as well as the decision of the employee, that is, both the consent to the transfer and the refusal are drawn up as a full-fledged legal document;
  • the notice must be provided to the employee for signature no later than two or three months, depending on the type of reduction. According to article 296 of the Labor Code of the Russian Federation seasonal workers must be notified a week before the procedure. If concluded fixed-term contract with a period of less than two months, then according to Article 292, notification is made 3 days in advance;
  • it is impossible to reduce an employee at the initiative of the employer during vacation if the process is not a complete liquidation.

You can notify an employee who is on vacation, but if he has not yet gone to work on the date of dismissal, then it will not be possible to reduce it.

Vacation and features

To reduce an employee on vacation, there are several options, including the complete liquidation of the organization. For all other types of reduction, the employer's initiative does not apply, since vacation, like sick leave, are protected periods. During this time, the employee cannot be fired. The only possibility of dismissal is the initiative of the employee. It is also often practiced dismissal by agreement of the parties.

Important! It is impossible to reduce a vacationer for any type of vacation. Vacation can even be educational. In all cases, the date of dismissal will be the next day after the end of the vacation. In fact, in order for an employee to be laid off, his return to work will be required. Even on the last day of vacation, it is forbidden to reduce.

Important points of reduction regarding vacation:

  • it is required to notify the employee immediately after the order regulating the reduction. This can be done by mail or courier. The employer is required to keep the receipt of the employee's receipt of the notice;
  • if the employee refuses to sign the document, it is required to draw up an act in the presence of witnesses (at least two);
  • even with a reduction in staff, the position cannot be removed from staffing until the full reduction of the employee, since according to the law the position is retained by him during the entire vacation;
  • if necessary, the employee can go on vacation even on the date of dismissal. This day is a working day;
  • any violation that has been committed in relation to the rights of the employee will cancel the dismissal procedure, which will allow the employee to return to work again. former place work.

Any employee must be notified in a timely manner of the upcoming dismissal. All his payments, even with vacation options, remain standard. This means that the reduction procedure must still be carried out on time. A frequent case is when an employee is on annual leave at the time of reduction, which is set by the schedule. The employer will have to wait for the employee to return from vacation and only then start layoffs. At the same time, the employee must be informed, as well as already refuse the proposed positions.

Important! Any vacation must be fully spent. In accordance with the law, a maternity leave that came out ahead of schedule cannot be reduced. This is due to the fact that women with children under three cannot be reduced.

In fact, the only option for dismissal on vacation is liquidation and mass layoffs. If complete liquidation is carried out, then all vacationers are dismissed within the period established by order. In this case, compensation is paid for non-scheduled mandatory leave.

It is not possible to lay off an employee during vacation. An exception is the liquidation of an organization. With other options, the employer must wait for the employee to go to work and only then reduce. The entire reduction regulation remains standard, that is, it is required to strictly comply with all norms and be sure to notify the employee.

The employer can make a decision to reduce the number or staff at any time. But what if the employee is on vacation at this time. Is it possible to notify and reduce it? In the article is it possible to reduce during the holidays.

What is an abbreviation

Important! Reduction is one of the types of dismissal of an employee at the initiative of the employer (81 of the Labor Code of the Russian Federation).

Conditions for reduction

It is important for an employer who has decided to make a reduction in the company to comply with certain conditions:

  • Notify workers. Employees must be warned about the reduction in advance - no later than 2 months. To do this, each employee who has fallen under the reduction must be given a notice. It is in free written form.
  • Notify the employment service and the union. The fact that the company plans to make cuts must be notified to both the employment service and the trade union. The trade union body in response must provide its opinion on the reduction. If such an opinion is not received within 7 days, the employer has the right not to take it into account.
  • Offer employees a different position. When reducing employees, the employer should take into account those employees who cannot be reduced according to the Labor Code. Laid-off workers should also be offered other vacant position in the company, and such a position may not correspond to his qualifications. In case of refusal of the position, the employee is fired.

The order of reduction of employees

After notifying employees and other authorities, the employer issues a layoff order. The order indicates the reasons for the reduction, the positions being reduced, indicating the number of staff units, the date of dismissal, as well as the responsible persons.

Important! In the event of a layoff, employees are paid compensation for their "unspent" vacation, the wages due, as well as other payments due upon layoffs.

You can terminate the contract with the employee before two months. This can be done by agreement with the employee in writing. In this case, the employee will need to accrue compensation in addition to other payments. The compensation will be average salary for all days from the date of termination of the contract until the expiration date of the two-month period.

Termination before two months is also possible with the following employees:

  • With whom a contract is concluded for a period of less than 2 months. You can notify such employees in 3 days (292 of the Labor Code of the Russian Federation);
  • Seasonal workers are notified 7 days before dismissal (296 of the Labor Code of the Russian Federation).

Reduction of an employee during vacation

Important! It is possible to dismiss an employee while he is on vacation only on his own initiative. In this case, it is impossible to dismiss at the initiative of the employer (81 of the Labor Code of the Russian Federation).

Even if the employee was notified in advance of the upcoming reduction in writing, but he went on vacation on the date of dismissal, he cannot be reduced. This will be illegal. The redundancy procedure can only be carried out after the employee returns from vacation. It will also not matter what kind of vacation the employee is on, it is impossible to dismiss at the initiative of the employer for any type of vacation, including:

  • Annual vacation;
  • Leave without pay;
  • Maternity leave;
  • Holiday to care for the child;
  • Study leave.

Notice to an employee on vacation

It is impossible to reduce an employee while he is on vacation, but you can notify him of the upcoming reduction. To do this, the employee is notified by registered mail. As confirmation that the employee has been notified, there will be a notification from the mail that the letter has been received by the employee. Instead of mail, you can use the services of a courier. In this case, the confirmation of receipt of the notification will be the signature of the employee on the courier's receipt.

Important! An employee on vacation is considered to have been duly notified of the upcoming reduction if the employer has supporting documents confirming the receipt of the notice (receipt from the courier or from the post office).

If the employee does not receive a notification, it will be possible to hand it over to him only after he returns to work. When compiling a notice, the employer must already indicate that if the employee is on vacation or on sick leave at the time of the reduction, he will be reduced on the first day of work after the sick leave or the end of the vacation.

If an employee refuses to be notified

There are also situations when an employee intentionally refuses to receive a notification from a courier or by mail. In this case, the employer has no choice but to wait for the employee to return from vacation. If, even after going to work, the employee does not want to sign for the notification, the employer must draw up an act of refusal to sign. It is drawn up with at least two witnesses. This act will confirm that the employee has been notified of the upcoming dismissal.

Reduction during study leave

It is prohibited to lay off an employee during vacation, even if this vacation is educational. You can only dismiss him upon his return from vacation. However, if the start date of the vacation comes after the official day of the reduction, then such an employee can be dismissed along with all other employees who have fallen under the reduction.

Let's look at an example. The employee was duly notified of the upcoming reduction. After that, he brings a certificate from the place of study about the call to defend a diploma for 3 months. The study leave in this case falls on the date of reduction. What should an employer do? Do I need to leave the employee on vacation or can it be reduced? As with any other type of leave, reductions are prohibited on study leave. The employer will have to wait for the employee to return from study leave(26 Labor Code of the Russian Federation). If in the certificate - the call of the employee will be the start date of the study leave after the official date of the reduction, then the employee can be fired together with everyone.

Downsizing after parental leave

conclusions

Thus, it is prohibited to carry out the procedure for reducing employees while they are on any of the holidays. The employer has the right only to notify the employee of the upcoming reduction while he is on vacation. If the dismissal is inevitable, then it can only be formalized by signing an agreement with the employee on termination of the employment contract (78 of the Labor Code of the Russian Federation). In this case, the employee is offered an acceptable financial compensation and the dismissal procedure is legal.

Every person has experienced an unpleasant reduction procedure at one time or another. Learning about own dismissal, you can easily get confused and even make concessions to the employer.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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To prevent this from happening, you need to know very well all your rights during the reduction, for example, to leave and demand their fulfillment.

What does the legislation say?

Reduction is a rather lengthy process of dismissal, during which all important rights of the employee must be strictly observed. Within two months from the date of notification, the employee may demand that he be granted legal leave.

Labor legislation strictly regulates the receipt of leave, allowing the employee to choose either rest or compensation.

If an employee who has been warned about his reduction is still on vacation after 2 months, he cannot be fired.

Employer actions

First of all, he must definitely know which employees are allowed to be fired and which are prohibited by labor law.

In any case, the employer must comply with all dismissal rules. When reducing, the employee must receive a written notice of this and even sign for its receipt.

If at this moment the employee is on vacation, then such a notification should be sent to him by mail.

You can find a copy of the cancellation notice here:

Also, the employer must offer him another suitable position.

The organization has the ability to interrupt labor contract before an official warning about this, only if the employee himself agrees to this.

Such consent must be recorded in writing.

The document is of two types:

  • written proposal;
  • termination agreement.

The law also establishes that if several people occupy equivalent positions, and one needs to be reduced, then the following must be left:

  • an employee with a higher qualification;
  • the sole breadwinner of the family;
  • employee who received work injury while working at this enterprise;
  • an employee who is currently improving his/her qualifications while continuing to work;
  • disabled person or beneficiary of all categories.

If an employee demands to be granted leave (this includes additional leave), they do not have the right to refuse him.

In any other case, he will receive monetary compensation for it.

Worker actions

There is a certain list of employees with whom it is impossible to terminate an employment contract (Article 261 of the Labor Code of the Russian Federation).

First of all, the employee needs to find out which category he belongs to.

Can't be fired:

  • Pregnant woman.
  • A woman raising a small child (up to 3 years old).
  • Single mother with a child under 14 years old (a disabled child under 18 years old).
  • A person who raises a child without a mother.
  • The sole breadwinner of a family with small children or a disabled child.

Dismissing persons who fit into these categories is illegal.

In addition, you can request reinstatement if:

  • severance pay was not issued;
  • there was no holiday compensation;
  • a written notice of dismissal was not received;
  • you are a person who cannot legally be fired.

Often, the organization simply changes the name of the position, so the objectionable employee leaves.

Such a dismissal can be quite realistically challenged in judicial order. If the loss of work cannot be avoided, then you can go on vacation, which is required by law.

If vacation days are not used, compensation will be paid.

Nuances

Reduction and study leave

In order to properly issue it, the employee must bring a call certificate from the institute and write a special application for granting him leave.

The employer is immediately obliged to issue an order, which will record all the details of the study leave, and send it to the accounting department. Only then will it be legal.

During the layoff, an employee can only take such leave if the session begins before he is officially dismissed.

You should be aware that the duration of the entire vacation in the documents should be the same as in the call certificate.

Any reduction in leave is considered illegal.

It is impossible to dismiss an employee before he returns from study leave.

Article 81 of the Labor Code of the Russian Federation directly states that such a dismissal is possible only in the event of the liquidation of an enterprise or the termination of business activities.

Downsizing and maternity leave

Every woman who is on maternity leave must understand that it is impossible to fire her. Although many unscrupulous employers still try to lay off a young mother, without fear that it is illegal.

The consequences for the organization can be:

  • fine;
  • payment to a woman of average earnings;
  • her reinstatement;
  • compensation for moral damage.

The first thing such a woman should do is to turn to lawyers.

You can win such a case 100%, but you should not leave this employer unpunished. After all, many of them hope for legal illiteracy or the employment of a fired woman.

A mother with a small child really has no time to go to various instances and go to court.

In this case, all the work is done by lawyers, and the plaintiff has one task - to sign all the necessary documents.

When contacting specialists, you should know that the deadline for filing a claim is 1 month from the day he learned about the dismissal.

At the same time, the court does not take oral notices into account and often extends this period due to maternity leave.

Downsizing and maternity leave

Now it is very common to fire women who are on leave to care for children from 3 to 14 years old or who have dependent children with disabilities.

The employer does not have the right to fire such women if they are considered single mothers, except in exceptional cases. Unfortunately, such women are forced to leave work on their own.

Compensation calculation

If the employee still got laid off, then he is entitled to various payments:

  • severance pay;
  • wage;
  • compensation for early termination of the contract;
  • holiday compensation.

Payments for unused days

If the employee did not use his vacation or any part of it, then by law he has the right to reimburse these days in cash.

To check this, they usually take an employee's length of service, for example, 30 months.

Considering that every year he was entitled to a vacation of 28 calendar days, then for the entire period of work the vacation will be 70 days (28/12 × 30).

From this number, the vacation days already used by the employee are subtracted, and, for example, 13 days remain (70 - 57). Then the earnings per day are calculated and multiplied by 13 days.

If the average amount per day is 1 thousand rubles, then the compensation will be 13 thousand rubles.

Are retentions possible?

None cash upon dismissal of an employee cannot be withheld in favor of the enterprise.

All settlement with him must be made no later than the last business day.

Lump sum payments

A one-time payment in case of reduction is considered to be severance pay, wages and various compensations.

Most often, the amount of severance pay is the average monthly salary of an employee (Article 178 of the Labor Code of the Russian Federation). In this case, the amount can be much more if this item is spelled out in the collective agreement.

If an employee received a salary of approximately 20 thousand rubles, then this is exactly what his severance pay will be.

If the contract specifies a fixed amount, for example, 30 thousand rubles, then the employee will receive them. This also includes wages, which are calculated separately from the severance pay, but an employee can receive it for no more than 2 months.

This applies only to those who leave not on own will.

Upon termination of the contract, the employee also has the right to count on it.

Example:

F. P. Alekseev was warned of his dismissal several months in advance and dismissed ahead of schedule. The rest of the days that he did not work before his dismissal is 12, and the days worked for the last month are 22. If we take into account that in a year (226 days) he earned 240 thousand rubles, then in one day he received 1,088 rubles.

How to correctly issue a reduction in the duration of vacation for an irregular working day for specific employee?

(hereinafter referred to as the Labor Code of the Russian Federation) defines a special mode of working time - an irregular working day. An irregular working day is understood as a mode of work in which individual employees may, by order of the employer, if necessary, be occasionally involved in the performance of their duties. labor functions outside of their working hours.

As compensation for the special regime of work, employees with irregular working hours are granted additional leave. Duration additional leave, in accordance with Part 1 of Article 119 of the Labor Code of the Russian Federation, is determined collective agreement or internal rules work schedule. In any case, the duration of additional leave cannot be less than three calendar days.

In practice, there are circumstances under which a reduction in the length of vacation for an irregular working day may occur. So, on May 01, 2017, Federal Law No. 90-FZ “On Amendments to Article 21 federal law"ABOUT municipal service in Russian Federation". In accordance with the specified law, for irregular working hours for all categories of municipal employees, the same was established and is currently three calendar days.

Taking into account the fact that the condition of rest time is an essential condition of the employment contract, the question arises of how to properly reduce the duration of vacation for an irregular working day.

Reducing the duration of vacation for an irregular working day - a step-by-step algorithm

Important! Reducing the duration of vacation for an irregular working day must be carried out in the manner prescribed by Article 74 of the Labor Code of the Russian Federation.

Step one
Notification of the employee about the upcoming reduction in the duration of additional leave and the grounds for reduction. This notice must be given to the employee no later than two months before the introduction of changes.

In case of agreement with the employee, an additional agreement to the employment contract is concluded. Additional agreement a new length of vacation for an irregular working day is established.

If the employee does not agree to work under the new conditions:

  • it is necessary to offer the employee another job in writing;
  • if the employee refuses the offered job or there are no vacancies, the employment contract is terminated in accordance with clause 7 of part 1 of article 77;
  • upon dismissal, the employee must be paid a severance pay in the amount of two weeks of average earnings.

Summarizing
Reducing the length of vacation for an irregular working day can be caused both by changes in legislation and changes within the organization. However, the procedure for reducing additional leave for a particular employee must comply with the order of changes in organizational or technological working conditions.

Legal advice:

1. The employer refuses to leave before the reduction. Is it legal?

1.1. Dismissal due to staff reduction is not a basis for granting unscheduled leave. If the vacation is not used, then during the reduction they pay compensation for unused vacation.

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2. Do they have the right to send me on vacation before the reduction?

2.1. If an employee personnel service a vacation schedule was drawn up, and you were familiarized with this schedule under your personal signature, then yes, you can be sent on another paid vacation according to the vacation schedule. And if there is no such schedule, then they can be sent on vacation at your written request.

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3. Can leave be denied before layoffs?

3.1. Upon dismissal, the employee is paid monetary compensation for all unused vacations.
At the written request of the employee, unused vacations can be granted to him with subsequent dismissal (Article 127 of the Labor Code of the Russian Federation).

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4. Before vacation, can they notify about the reduction 2 months in advance? Clarify please.

4.1. They have the right to notify about the reduction. Study Articles 178, 179, 180 and 261TKRF0

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6. They want to reduce us, whether the vacation is included in the two-month period before the reduction.

6.1. According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee of the upcoming dismissal at least 2 months before the dismissal.
The law does not prohibit taking a vacation within the specified period. You can go on vacation according to the vacation schedule.

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7. Can I take a vacation before the layoff?

7.1. If on schedule then you can.:sm_bs:

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7.2. Yes, you can go on vacation before layoffs. You are required to pay all due payments in accordance with labor legislation to reduce the number and staff, in addition to vacation pay. Thanks.

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8. Is the employer right to give notice of redundancy before vacation.

8.1. In accordance with Art. 123 of the Labor Code of the Russian Federation, the order in which paid holidays are granted is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations. The vacation schedule is mandatory for both the employer and the employee. Separate categories employees in cases provided for by the Labor Code of the Russian Federation and other federal laws, annual paid leave is granted at a certain time or, at their request, at a time convenient for them. These requirements for the employer are also mandatory.
If an employee who was warned about the upcoming dismissal due to a reduction in the staff or number of employees is entitled to another paid vacation according to the schedule or according to the law during the warning period, the employer is obliged to provide it, and the employee must be dismissed after the end of the vacation. At the same time, deductions for unworked days of vacation upon dismissal due to a reduction in the number or staff of employees are not made.
According to Art. 137 of the Labor Code of the Russian Federation upon dismissal of an employee before the end of the working year for which he has already received annual paid leave, deductions for unworked vacation days are not made if the employee is dismissed on the basis provided for in paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation, - reduction in the number or staff of employees of an organization, an individual entrepreneur.

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9. I am a single mother, this year I fall under staff reduction, children are 4 and 9 years old. The employer owes me 85 days of vacation, do I have the right to refuse compensation for unused vacation and insist on giving me vacation before the reduction.

9.1. Tatyana. The employer has the right to dismiss you after two months from the date of the warning. Leave is provided according to the schedule. If the vacation schedule does not coincide with the period preceding the dismissal, then the employer has the right not to provide you with vacation.

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10. They wrote out a notice of reduction against signature on December 31, two months before the reduction. Since January 13, annual another vacation, will he be included in the days of working off before the reduction or will there be a vacation and plus two months of working off?

10.1. No, vacation is included in the notice period.

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11. I am laid off on staff reduction, with severance pay and extradition work book. After the dismissal procedure, it turned out that I have receivables before the enterprise-debt for travel on vacation. How will my debt be deducted? From the second severance pay? Is it legal?

11.1. They have no right to deduct anything from you.

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12. Need advice. She was on maternity leave for 3 years, after the release she was fired due to the reduction of the parties, having paid 5 salaries. For the employment center, they issued a certificate of average salary for the last 3 months. BUT they put on the exchange only with a minimum payment of 850 r, explaining this by the fact that the last 3 months have not worked, there are only 2 working days before dismissal, i.e. 6.11 I have ended maternity leave, and on 8.11 I was fired. Is it legal.

12.1. Yes, it's legal. When calculating the amount of unemployment benefit, three months of earnings at the last place of work are taken into account. Total before dismissal individual Must have worked for at least 26 weeks. If a citizen worked part-time, then first the employees of the center recalculate working hours. If the total amount is less than 1040 hours, the specialist is assigned a minimum allowance equal to 850 rubles.

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13. I am a teacher, there was a problem. It is possible to reduce the load from 1.5 rates to one rate. We were not warned before the holiday about this.
We work in the Frunzensky district of St. Petersburg. It can all the teachers of the district. They say that they will notice working at an increased load, and the released hours will be put into a vacancy. How legitimate is this situation?

13.1. Irina!

The procedure for determining the teaching load of teaching staff, stipulated in the employment contract, was approved by the Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601.

According to paragraphs 1.5 and 1.6, a decrease in the teaching load without the consent of the teacher is possible only:
1) with a decrease in hours for educational programs;
2) with a decrease in the number of classes (students).

According to clause 1.7, in other cases, a change in the volume of the load is possible only by agreement of the parties.

According to clause 1.8, about changes in the volume of the teaching load (increase or decrease), as well as about the reasons that necessitated such changes, the employer is obliged to notify the teaching staff in writing no later than two months before the proposed changes are made, unless the change in the volume of the study load is carried out by agreement of the parties to the employment contract.

If you are notified of the reduction in workload later than 2 months before the start of the school year, then before the expiration of the notice period, you must pay for work at the rate that was in effect before the change. That is, for example, if last year you had a load of 1.5 rates, and on 08/27/2018 you were notified about the reduction of the load to 1 rate, then until 10/28/2018 you are required to pay for work as for 1.5 rates (up to expiration of notice).

Good luck!

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Consultation on your question

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14. Does an employee who has been laid off during employment in the same organization have an advantage over other employees from the outside. I was laid off and fired, now there is an opportunity to work during the holidays, but the manager refused. I am 42 years old with over 20 years of experience in this position. Field of activity - medicine. (nurse)

14.1. In accordance with Article 81 of the Labor Code of the Russian Federation, "Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given locality. The employer is obliged to offer vacancies in other localities, if provided collective agreement, agreements, labor contract"
Therefore, if the employee can be transferred to another job in that enterprise. Then it must be done.

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15. I wanted to clarify whether I can take a vacation and an unused road (in the Far North) before layoffs?

15.1. Vacation is provided according to the vacation schedule. The road is paid once every two years. If you now have a vacation and a road according to the schedule, then you can take it.

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16. 11/17/17 I was notified of the reduction. From 11/27/17 I will be on my next vacation. Question: is the next vacation included in the period of two months of notice before the reduction.

16.2. The next vacation within two months of notice before the reduction is included if you signed a notice of reduction.

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17. I am on parental leave until the age of three. Worked in contact center, technology sales companies. Last year, the kc was closed, everyone was fired on a reduction, I was told that they would be fired on their own. The question is when and how to quit? Also, before the decree, a vacation was taken in advance, will I have to return the money for it?

17.1. While you are on parental leave, you are required to keep your place and position. No "on my own". If they insist, record conversations and file a complaint with the prosecutor's office and the labor inspectorate.
All the best to you and good luck with your problem. Thank you for choosing our site.

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17.2. ☼ Hello, Not a single employee is obliged to leave of his own free will, even if the employer asks you about it, you can not write a statement

I wish you good luck and all the best!

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18. Before the vacation, I was informed of the dismissal due to redundancy, supposedly I will sign the notice upon leaving the vacation. After the vacation, they offer to resign by agreement of the parties with unfavorable conditions for me, do I have the right to demand dismissal for reduction?

18.1. Yes, this is your right, no one can force you ahead of time.
Art. 180 of the Labor Code of the Russian Federation - When taking measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code.


About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal.
(As amended by Federal Law No. 90-FZ dated June 30, 2006)
(see text in previous edition)
The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.
Good luck.

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18.2. Love, good afternoon!

You cannot demand, the reduction is at the discretion of the employer, but no one can force you to agree to unfavorable conditions for you. It remains only to negotiate.
Best wishes to you!

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19. In our organization, staff reductions, working out until October 31, 17, what reason can I find for not going on vacation before the reduction according to the schedule! Thanks.

19.1. There are no legal grounds here not to go on vacation according to the schedule. Because, in accordance with Article 123 of the Labor Code of the Russian Federation, the vacation schedule is mandatory for both the employer and the employee, the only option is to negotiate with the employer so that he does not send you on vacation.

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20. The calculation of the average monthly earnings before the reduction is not entirely clear. If you go on paid leave for 2 months before the reduction, will these 2 months be taken into account in the calculation? (the amount of vacation pay, as I understand it, is not taken into account in the calculation).
So the amount of the benefit will be reduced? Thanks!

20.1. With this question, you need to contact an accountant, lawyers do not deal with the calculation of wages and other benefits

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20.2. The amount of vacation pay is not taken into account in the calculation, so this period will be deducted from the billing period, just like sick leave periods, if any, will be deducted.

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21. Dismissal on reduction. I want to take vacation according to the schedule before the reduction, will this affect further reduction payments?

21.1. severance pay redundant employee is calculated on the basis of the average monthly earnings for the previous 12 months of dismissal. Vacation pay is included in the calculation of the average.

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21.2. Will this affect further payments to reduce. No, this will not affect further payments for downsizing.

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21.3. Whether it is reflected or not depends on the date of dismissal and the time of vacation. Vacation pay is not included in the calculation of average earnings if the vacation period is included in the calculation period of 12 months preceding the month of dismissal. Yes, and the vacation period itself will be excluded. Decree of the Government of the Russian Federation of December 24, 2007 N 922 (as amended on October 15, 2014) "On the features of the procedure for calculating the average wage".

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22. I am cutting two positions. An employee at one of them did not fully take a vacation, which is set according to the Vacation Schedule in one period. Can I force an employee to go on vacation for the remaining 16 days before layoff?

22.1. Can I force an employee to go on vacation for the remaining 16 days before layoff?
If, according to the vacation schedule, it is time for him to go on vacation, then send him on vacation by order. If according to the schedule there is no vacation during this period, then you can offer to take it off. But you can't force it. If the vacation is not used until the moment of dismissal, then when settling with the employee on the day of dismissal, you will be required to pay compensation for unused vacation.

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23. Such a question: a teacher, having a one-year unpaid leave before going on a one-year vacation, had a workload of 18 hours. Returning a year later, the head of the institution offers him a load of 9 hours, arguing that during this year there have been layoffs, etc., etc. How can a teacher restore his previous workload and are the leader's actions legal in this case?

23.1. 7. The place of work (position) is retained for teaching staff who are on long-term leave.
For teachers who are on long-term leave, the volume of the teaching load is maintained, provided that during this period the number of hours for curricula, training schedules, educational programs or the number of students study groups(classes).
During a long vacation, it is not allowed to transfer a teacher to another job, as well as dismiss him at the initiative of the employer, with the exception of the liquidation of the organization.

(Order of the Ministry of Education and Science of Russia dated May 31, 2016 N 644 "On approval of the procedure for providing teaching staff organizations implementing educational activities, long-term leave for up to one year" (Registered with the Ministry of Justice of Russia on June 15, 2016 N 42532)

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24. There is a reduction at work, but they force everyone to write according to their own desire, they fire 15 people, including me, they ask me to write, but they don’t even ask, but threaten. Because I still have a vacation, they let me take it off, but before the vacation I need to write a statement in every possible way, I don’t want to do this, since I have a child and I’m divorced, but they say if I don’t do this, they will deprive me of a black salary and give only a small part. I want to take a sick leave, the office is arranged. how to be?

24.1. Either agree to their terms or receive redundancy benefits based on your average earnings (official wage). There is a third option, at least by authorities (the State Labor Inspectorate in Ivanovo region, prosecution authorities and the court), but it will be difficult to prove that you have official and not official wages, look for payrolls of your wages, the only way you can prove its existence.

 

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