Leave before reduction of position. How to correctly calculate compensation for unused vacation in case of dismissal due to staff reduction? 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 lay off an employee until he comes out of leave, including childcare. These rules apply to all types of vacations. Even if you took a vacation at your own expense without pay. To reduce, you will need to take into account all the nuances, as well as know the order of the procedure.

basic information

An abbreviation refers to the severance of an employment relationship at the initiative of a manager. The reduction rules are spelled out in Article 81.

Important! Reduction of an employee on vacation is impossible, except in cases with the complete liquidation of the organization. Under this procedure, vacationers are also reduced in due time.

There are several conditions for shortening:

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

a plan of the procedure has been developed taking into account all the nuances related to persons with preferential rights and benefits;
all redundancies were sent a notification, which must be signed by the employee upon receipt;

all organizations are notified, including the employment service in the required region;
vacancies that are available must be offered to the redundant in the manner prescribed by the priority right.

Important! If there is a trade union organization, its mandatory notification is required, which is carried out in conjunction with the notification of employees. If the downsized person is a union member, a permit will be required to downsize him. It is issued in writing by the union upon receipt of 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 staffing table by a court decision.

There are several important points that are regulated by law:

in case of reduction, all due payments, including vacation pay, must be paid on the last working day, which is further prescribed in the working day;
the offer of positions must be in writing, as well as the decision of the employee, that is, both the consent to the translation and the refusal are drawn up as a full-fledged legal document;
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 one week prior to the procedure. If a fixed-term contract is concluded for a period of less than two months, then under Article 292 notification is made 3 days in advance;
it is impossible to reduce an employee at the initiative of the employer during vacation, unless the process is a complete liquidation.

It is possible to notify an employee who is on vacation, but if on the date of dismissal he has not yet returned to work, then it will not work to cut him.

Vacation and features

There are several options for reducing an employee on vacation, including the complete liquidation of the organization. For all other types of redundancy, the employer's initiative does not apply, since vacation, like sick leave, are protected periods. You cannot fire an employee at this time. The only possibility of dismissal is the employee's initiative. Also, dismissal by agreement of the parties is often practiced.

Important! The vacationer cannot be cut for any type of vacation. The 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, he will need to go back to work. Even on the last day of vacation, shortening is prohibited.

Important points of reduction regarding vacation:

notifying the employee is required immediately after the order governing the reduction. This can be done by post or courier. The employer is obliged to keep the receipt of the employee's receipt of the notification;
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 the staffing table until the full reduction of the employee, since, according to the law, the position remains with him during the entire vacation;
if necessary, an employee can go on vacation even on the date of dismissal. This day is a working day;
any violation that was committed in relation to the employee's rights will annul the termination procedure, which will allow the employee to return to his previous place of work.

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

Important! Any vacation should be completely taken away. In accordance with the law, a maternity girl who left earlier than the due date cannot be made redundant. This is due to the fact that women with children under three years of age 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 time period established by the order. In this case, compensation is paid for unaccompanied leave of a compulsory nature.

It is not possible to lay off an employee during vacation. An exception is the liquidation of an organization. In other cases, the employer must wait for the employee to go to work and only then lay off. The entire reduction procedure 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 to do if the employee is on vacation at this time. Can I notify and shorten it? In the article, is it possible to reduce while on vacation.

What is abbreviation

Important! The layoff 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 made a decision to make a layoff in the company to comply with certain conditions:

Notify employees. Employees must be warned about the reduction in advance - no later than 2 months in advance. To do this, each employee who has been laid off must be given a notice. It is drawn up in free writing.
Notify employment services and union. It is necessary to notify both the employment service and the trade union that the company plans to make reductions. 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 to disregard it.
Offer employees a different position. When laying off workers, the employer should especially take into account those employees who cannot be laid off according to the Labor Code. The laid-off workers should also be offered another vacant position in the company, and this position may not correspond to his qualifications. In case of resignation, the employee is fired.

The procedure for the reduction of workers

After notifying employees and other authorities, the employer issues an order to reduce. The order specifies the reasons for the reduction, the redundant positions, indicating the number of staff members, the date of dismissal, as well as responsible persons.

Important! In case of redundancy, employees are paid compensation for their "unaccompanied" leave, the due salary, as well as other payments due for redundancy.

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

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

With whom an agreement has been concluded for a period of less than 2 months. Such workers can be notified 3 days in advance (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).

Downsizing an employee during vacation

Important! An employee can be dismissed while on vacation only on his own initiative. In this case, it is impossible to dismiss on the initiative of the employer (81 of the Labor Code of the Russian Federation).

Even if the employee was notified in writing about the upcoming layoff, but he went on vacation on the date of dismissal, it cannot be made redundant. It will be wrong. The reduction procedure can only be carried out after the employee leaves the vacation. It will also not matter what kind of vacation the employee is on, it is impossible to dismiss on the initiative of the employer for any type of vacation, including:

Annual vacation;
Unpaid leave;
Maternity leave;
Holiday to care for the child;
Study leave.

Notification of an employee on vacation

It is impossible to lay off an employee while he is on vacation, but you can notify him of the upcoming layoff. For 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 employee has received the letter. Instead of mail, you can use a courier service. 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 be duly notified of the upcoming layoff if the employer has supporting documents that he has been notified (a receipt from the courier or from the post office).

If the employee does not receive the notification, it will be possible to hand it over to him only after he goes to work. When drafting a notice, the employer has already indicated that if the employee is on vacation or sick leave at the time of the reduction, he will be laid off on the first day of work after the sick leave or the end of the vacation.

If the employee refuses to receive notification

There are also situations when the employee intentionally refuses to receive a notification from the 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 receipt of the notification, the employer must draw up an act of refusal to sign. It is compiled with at least two witnesses. This act will confirm that the employee has been notified of the upcoming dismissal.

Downsizing during study leave

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

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

Reduction after parental leave

conclusions

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

Anyone has come across an unpleasant contraction procedure once. Having learned about your own dismissal, you can easily get confused and even make concessions to the employer.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how to 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 when reducing, for example, to vacation and demand their fulfillment.

What does the legislation say?

Layoffs are a lengthy layoff process in which all important employee rights must be strictly respected. Within two months from the date of the warning, the employee may request the provision of legal leave.

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

If the employee, who has been warned about his layoff, is still on vacation after 2 months, he cannot be dismissed.

Employer's actions

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

In any case, the employer must comply with all dismissal rules. In case of redundancy, the employee must receive written notice of this in his hands 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 view a sample reduction notice here:

Also, the employer must offer him another suitable position.

The organization has the opportunity to terminate the employment contract before the official notification of this, only if the employee himself agrees to this.

Such consent must be recorded in writing.

There are two types of document:

written proposal;
termination agreement.

The law also establishes that if equivalent positions are occupied by several people, and one must be reduced, then they must leave:

an employee with a higher qualification;
the only breadwinner of the family;
an employee who was injured at work while working at this enterprise;
an employee who is currently improving his qualifications while continuing to work;
disabled person or beneficiary of all categories.

If an employee requires a vacation (this includes additional vacation), they have no right to refuse him.

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

Employee 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:

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

It is illegal to fire persons who fit these categories.

In addition, reinstatement may be requested if:

no severance pay was issued;
there was no compensation for the vacation;
a written notice of dismissal has not been received;
you are a person who cannot be dismissed by law.

Often in an organization, the job title simply changes, so the unwanted employee leaves.

Such dismissal can be quite realistically challenged in court. If the loss of a job 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

Downsizing and study leave

In order to correctly draw up, the employee must bring a certificate-call 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 in this case will it be legal.

During the layoff, an employee can only take such leave if the session begins earlier than 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 help call.

Any reduction in vacation time is considered illegal.

It is impossible to fire an employee before he returned 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 the enterprise or the termination of entrepreneurial activity.

Downsizing and maternity leave

Every woman who is on maternity leave should 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 in office;
compensation for moral damage.

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

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

A mother with a small child really has no time to go to various instances and 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 statement of claim is 1 month from the day he learned about the dismissal.

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

Downsizing and nursing leave

It is now very common to fire women who are on parental leave from 3 to 14 years old or 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, these women are forced to leave work on their own.

Calculation of compensation

If an employee still gets laid off, then he is entitled to various payments:

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

Payments for unused days

If the employee did not use his vacation or any part of it, then by law he is entitled to compensation for these days in cash.

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

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

The vacation days already used by the employee are deducted from this amount, and, for example, 13 days remain (70 - 57). Then the daily earnings 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?

No money can be withheld in favor of the company upon dismissal of an employee.

The entire settlement with him must be made no later than the last working day.

Lump sum payments

Severance pay, wages and various compensations are considered a lump-sum payment for reductions.

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

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

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 do not leave of their own free 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 was dismissed early. The remainder of the days that he did not work before his dismissal - 12, and the days worked in the last month - 22. If we consider that in a year (226 days) he earned 240 thousand rubles, then in one day he received 1, 088 rubles.

How to properly formalize a reduction in the length of vacation for irregular working hours for a specific employee?

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

As compensation for the special work schedule, employees with irregular working hours are granted additional leave. The duration of the additional vacation, in accordance with part 1 of Article 119 of the Labor Code of the Russian Federation, is determined by the collective agreement or the internal labor regulations. In any case, the duration of additional leave may not be less than three calendar days.

In practice, circumstances arise in which a reduction in the duration of leave for irregular working hours may occur. Thus, on May 1, 2017, Federal Law No. 90-FZ “On Amendments to Article 21 of the Federal Law“ On Municipal Service in the Russian Federation ”was signed. 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 the time of rest is an essential condition of the employment contract, the question arises of how to correctly implement the reduction in the duration of vacation for an irregular working day.

Reducing the length of vacation for irregular working hours - step by step algorithm

Important! The reduction in the duration of vacation for irregular working hours should 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 forthcoming reduction in the duration of additional leave and the reasons for the reduction. This notice must be delivered to the employee no later than two months before the introduction of the changes.

In case of agreement with the employee, an additional agreement to the employment contract is concluded. An additional agreement establishes a new length of leave for irregular working hours.

If the employee does not agree to work on 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 paragraph 7 of part 1 of Article 77;
upon dismissal, the employee must be paid a severance pay in the amount of two weeks' average earnings.

Summarizing
A reduction in the duration of vacation for irregular working hours can be caused by both changes in legislation and changes within the organization. However, the procedure for reducing additional leave for a specific employee must comply with the procedure for changes in organizational or technological working conditions.

Legal advice:

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

1.1. Dismissal on reduction of staff is not the basis for the provision of off-schedule leave. If the vacation is not used, then in case of reduction, compensation is paid for the unused vacation.

Did the answer help you? Well no

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

2.1. If an employee of the human resources department has drawn up a vacation schedule, 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.

Did the answer help you? Well no

3. Can they refuse leave before reduction?

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).

Did the answer help you? Well no

4. Before the vacation, 2 months in advance, can they be notified of the reduction? Clarify please.

4.1. Have the right to notify of the reduction. Study Articles 178, 179, 180 and 261 TKRF0

Did the answer help you? Well no

6. They want to reduce us, whether the vacation is included in the two months 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 dismissal.
The law does not prohibit going on vacation within the specified period. You can go on vacation according to the vacation schedule.

Did the answer help you? Well no

7. Can I take a vacation before reduction?

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

Did the answer help you? Well no

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

Did the answer help you? Well no

8. Whether the employer has the right to serve a notice of layoff before the leave.

8.1. In accordance with Art. 123 of the Labor Code of the Russian Federation, the order of granting paid vacations 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 onset 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. For certain categories of employees, in cases stipulated 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 are also mandatory for the employer.
If the employee, warned of the upcoming dismissal to reduce staff or the number of employees, during the warning period is scheduled for another paid leave according to the schedule or by law, then the employer must provide it, and dismiss the employee after the end of the vacation. At the same time, deduction for unworked vacation days in case of dismissal to reduce the number or staff of employees is not made.
According to Art. 137 of the Labor Code of the Russian Federation, when an employee is dismissed before the end of the working year, on account of which he has already received an annual paid vacation, deductions for unworked vacation days are not made if the employee leaves on the grounds provided for in paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation, - to reduce the number or staff of employees of an organization, an individual entrepreneur.

Did the answer help you? Well no

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

9.1. Tatyana. The employer has the right to fire you after two months from the date of the warning. Vacation is provided according to the schedule. If the vacation schedule does not coincide with the period prior to dismissal, then the employer has the right not to grant you vacation.

Did the answer help you? Well no

10. We wrote out a notice of reduction against signature on December 31, two months before the reduction. From January 13, the next annual leave, will it be included in the days of working off before the reduction or will there be a vacation and two months of working off?

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

Did the answer help you? Well no

11. I am dismissed due to staff reduction, with severance pay and the issuance of a work book. After the dismissal procedure, it turned out that I had a receivable to the enterprise - a debt for travel on vacation. How will the debt be deducted from me? From the second severance pay? Is it legal?

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

Did the answer help you? Well no

12. Need a consultation. She was on maternity leave for 3 years, after leaving she was dismissed to reduce the parties, having paid 5 salaries. For the center of employment, they issued a certificate of the average salary for the last 3 months. BUT they put on the stock exchange only with a minimum payment of 850 rubles, explaining this by the fact that I did not work for the last 3 months, there were only 2 working days before dismissal, that is, 6.11 my maternity leave ended, and 8.11 I was fired. Is it legal.

12.1. Yes, that's right. When calculating the amount of unemployment benefits, three months' earnings at the last job are taken into account. In total, an individual must have worked for at least 26 weeks before dismissal. If a citizen worked part-time, then first the employees of the center recalculate the working hours. With a total amount of less than 1040 hours, the specialist is assigned a minimum allowance equal to 850 rubles.

Did the answer help you? Well no

13. I am a teacher, there was a problem. It is possible to reduce the load from 1.5 bets to one bet. We were not warned about this before the vacation.
We work in the Frunzensky district of St. Petersburg. It can all teachers in the area. They say that they will notice working at an increased load, and the freed hours will be taken to 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 Order of the Ministry of Education and Science of Russia dated December 22, 2014 No. 1601.

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

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

According to clause 1.8 about changes in the volume of the study load (increase or decrease), as well as about the reasons that caused the need for such changes, the employer is obliged to notify the teaching staff in writing no later than two months before the implementation of the proposed changes, except for cases when 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 notification period, you must be paid for work at the rate in effect before the change. That is, for example, if last year you had a load of 1.5 rates, and on August 27, 2018 you were notified of the reduction of the load to 1 rate, then by October 28, 2018 you must be paid for work as for 1.5 rates (up to expiration of the notice period).

Good luck!

Did the answer help you? Well no

Consultation on your question

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14. Does the employee who has been laid off during employment in the same organization have an advantage over other workers from outside. They were laid off and fired, now there is an opportunity to work during the holidays, but the manager refused. I am 42 years old, more than 20 years of experience in this position. The field of activity is 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 job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities, if this collective agreement, agreements, labor agreement "
Therefore, if the employee can be transferred to another job in that enterprise. This must be done.

Did the answer help you? Well no

15. I wanted to clarify whether I can take a vacation and an unused road (in the far north) before cutting?

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

Did the answer help you? Well no

16. 11/17/17 I was notified of the reduction. From 27.11.17, I will be on another vacation. Question: is the next vacation included in the two-month warning period before the reduction.

16.2. Regular leave of two months' notice before the reduction is included if the reduction notice is signed.

Did the answer help you? Well no

17. I am on parental leave for a child up to three years old. She worked in a contact center, an equipment sales company. Last year, the center was closed, everyone was laid off due to redundancy, they told me 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 must keep your job and position. No "on my own". If they insist, record the conversations and file a complaint with the prosecutor's office and labor inspection.
All the best and most successful solution to the problem. Thank you for choosing our site.

Did the answer help you? Well no

17.2. ☼ Hello, No employee is obliged to resign of his own free will, even if the employer asks you to do so, you can not write a statement

I wish you good luck and all the best!

Did the answer help you? Well no

18. Before the vacation, I was notified of my dismissal due to staff reductions, allegedly I will sign the notice upon leaving the vacation. After the vacation, they offer to quit by agreement of the parties with unfavorable conditions for me, do I have the right to demand dismissal for redundancy?

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 an 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.

Employees are notified of the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, personally and against signature at least two months before dismissal.
(as amended by Federal Law of 30.06.2006 N 90-FZ)
(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 term specified in part two of this article, by 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.

Did the answer help you? Well no

18.2. Love, good afternoon!

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

Did the answer help you? Well no

19. In our organization, staff reduction, working off until October 31, 17, what a reason I can find not to go before the reduction on schedule for the next vacation! Thank.

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.

Did the answer help you? Well no

20. The calculation of the average monthly earnings before the reduction is not entirely clear. If you go on paid vacation 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).
Thus, the amount of the benefit will decrease? Thank!

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 calculation period, in the same way as sick leave periods, if any, will be deducted.

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

21.1. The severance pay for laid-off workers is calculated based on the average monthly earnings for the 12 months preceding the 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 in case of staff reductions.

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21.3. It will be reflected or not depends on the date of dismissal and the time of the 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. And the vacation period itself will be excluded. Resolution of the Government of the Russian Federation of December 24, 2007 N 922 (as amended on October 15, 2014) "On the specifics of the procedure for calculating average wages."

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

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

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

23.1. 7. For pedagogical workers on long leave, the place of work (position) is retained.
For pedagogical workers on long leave, the volume of the teaching load remains, provided that during this period the number of hours according to curricula, educational schedules, educational programs, or the number of students, study groups (classes) has not decreased.
During a long vacation, the transfer of a teacher to another job is not allowed, as well as his dismissal 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 of 05/31/2016 N 644 "On approval of the Procedure for granting teachers of organizations engaged in educational activities, long leave for up to one year" (Registered in the Ministry of Justice of Russia 06/15/2016 N 42532)

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24. At work, layoffs, but they force everyone to write according to their own desire, 15 people are fired, including they ask me to write, but they do not even ask, but threaten. Because I still have a vacation, they give him a walk, but before the vacation I have to write a statement about everything I don’t want to do, since I have a child and I’m divorced, but they say if I don’t do this, they will deprive me of my black salary and give me just a small part. I want to take sick leave, the office is arranged. how to be

24.1. Either agree to their terms or receive a reduction in the number of employees based on your average earnings (official wages). There is still a third option, at least by the authorities (the state labor inspectorate in the Ivanovo region, the prosecutor's office and the court), but it will be difficult to prove that you have an official and unofficial salary, look for your payroll, this is the only way to prove its existence ...

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