Reduction payments. What payments are due to an employee when reducing staff? What is required for an employee

Reduction of staff - a procedure that requires compliance with certain rules and the implementation of the necessary payments from the employer. What is the procedure for dismissal to reduce staff, what documents must be drawn up, who cannot be reduced, what compensations and payments should the employer pay for the layoff? We will analyze these questions in the article below.

Employee layoff procedure

If an organization decides to cut staff units or a whole state, then this process must be properly formalized, the dismissal must obey certain rules, and the employee must be paid a number of compensation payments. First of all, it is worth noting that a reduction in the number of employees implies a reduction in the number of staff members of one or several positions, and a reduction in staff is the exclusion of a position from the staff completely. For example, the staffing list states that the organization has a position of accountant in the number of staff units of 5 people, staff reduction will mean the exclusion of the accountant position completely, that is, the organization remains without accountants. If only the number is reduced, for example, by 2 staff units, then this means only a decrease in 5 accountants to 3.

Employees who cannot be laid off

When performing the dismissal procedure, it should be remembered that there are categories of employees who cannot be dismissed due to redundancy. These include:

Pregnant;
Women with children under 3 years old;
Single mothers raising children up to 14 years old (if the child is disabled, then up to 18 years old);
Other persons raising a child without a mother;
The only breadwinners in a family with a disabled child under 18;
The only breadwinners of a large family (3 or more young children) with a child under the age of 3 years.

The above persons are not allowed to be laid off at the request of the employer. This is clearly spelled out in the Labor Code of the Russian Federation, Article 261. How does the downsizing procedure take place?

Dismissal procedure for reduction of staff

The employee layoff procedure begins 2 months before the expected date of dismissal.

First of all, an order is issued to reduce the staff or the number of employees. The order prescribes positions that are subject to reduction, the number of staff members that must be fired.

Simultaneously with the above orders, a Notice of Termination of the Employment Contract due to layoffs is created. This document should provide a surname list of employees to be dismissed. All employees who have been laid off must be familiar with the Notice. Opposite their surname, everyone must sign.

According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to offer employees who are dismissed due to reduction, another vacant position, if any. Moreover, it is possible to offer a position that will be lower than the one he held before the reduction, but the employer is not obliged to offer a position higher than the one held.

The offer to the employee of vacancies must also be documented, for which a Notice is issued indicating the vacancies available. The employee must familiarize himself with this document and sign his consent or refuse the proposed positions also in writing in the Notice.

The next step for the employer in the downsizing procedure is to draw up a notice for the employment service. The notification form can be found in Appendix No. 2 to Resolution No. 99 of 05.02.1993. You must also notify the employment service 2 months before the date of dismissal.

Please note that the article indicated that the necessary documents and notifications must be completed 2 months before the alleged dismissal due to redundancy. But if the reduction in the number or staff of workers is planned on a massive scale, then the period is increased to 3 months.

It is better for the employer to observe the procedure for reducing workers specified in the article. In case of mistakes in this procedure (through ignorance or deliberately), very often competent workers begin to defend their rights in court and, as a rule, win such disputes.

In every organization, to one degree or another, there is such a phenomenon as staff turnover. Some people leave because of the move, others because they could not find a common language with the management, and still others because they found a more profitable place of work. In addition, an employee may be dismissed by the employer himself for poor performance. But one of the most common reasons for layoffs is.

In fact, dismissal due to layoffs has an important feature - no new employee is hired to replace the dismissed employee, and the position itself should disappear. So, if for some reason the company fired system administrators (and there were only 3 of them), then all three must be dismissed, and this position should no longer be in the organizational structure.

What is required for an employee under the Labor Code of the Russian Federation

Each employee who has been laid off must understand that he is entitled to certain payments. According to the Labor Code of the Russian Federation, 3 types of payments must be made:

(as an option, for all unused vacations, if a person voluntarily refused them and did not receive money in return before);
Salary for the time that the employee actually worked in the month of dismissal;

The last point is special and is not provided for all types of dismissal. The amount of the severance pay is equal to the average monthly earnings for the billing period. It is interesting that for those workers who were laid off, there is an opportunity to receive average earnings for the period of looking for a new job and registration. However, the term of receipt is legally limited to 2 months, the countdown of which begins from the moment of dismissal.

It is important to know that the employee must be warned about the reduction 2 months in advance... At the same time, he can be fired earlier. But in this case, he is entitled to additional compensation, which does not cancel the payment of the remaining amounts, calculated as average earnings, which is calculated in proportion to the time remaining before dismissal.

You can learn more about all due payments from the following video:

Determination of the settlement period

In order to determine the amount of compensation, the employer will have to make a calculation. In the standard case, it is carried out as follows: the last 12 (full) calendar months are taken and for this period.

At the same time, it is permissible to change the term of the settlement period in the following situations:

The employee did not work in the organization for a year. In this case, the billing period will be considered for whole calendar months during which the employee was on the staff.
If it is customary for the company to consider a different billing period that does not coincide with 12 months. In this case, the general rule applies: it is necessary to calculate the average salary for the last year, as well as for the accounting period chosen by the organization and compare them. As a result, the amount obtained in the second calculation cannot be less than that calculated according to the generally accepted procedure (for 12 months).
A reorganization takes place, and the employee is laid off with the subsequent transfer to a new organization. Here 2 situations are possible - transfer with registration additional to the agreement, or dismissal and subsequent hiring. In the first case, when calculating the average earnings, payments for the last year are taken into account (including those that were accrued before the changes were introduced), and in the second, only those payments that were accrued in the new company are taken into account.
The man took a job and was fired in the same month. Generally speaking, this situation is illegal. Accordingly, it is necessary to go to court: by its decision, the company will have to pay for the time of the forced absence, and the settlement period will be equal to the number of days actually worked.

Days excluded from the billing period

Some days should be excluded from the billing period when calculating. Among them, according to the law, the following types can be distinguished:

Days of receipt of hospital benefits;
Days of receiving maternity benefits;
Days of receiving average earnings (this applies to business trips or paid vacation);
Days of unpaid leave;
Days of non-completion of work due to a strike (if the employee himself did not take part in it);
Additional days off (if necessary to care for children with disabilities), which are payable;
Days of downtime due to the fault of the organization;
Days of downtime for reasons beyond the control of the company and the employee.

Calculation examples in various situations

Suppose that logistic analyst Ivanova I.I. worked in the company since March 10, 2012 and was laid off. The notification came on March 31, 2014, and the dismissal itself will take place on July 10, 2014. The salary in 2013 and 2014 was 69 thousand rubles a month. There was no increase, since the indexation in the company is carried out every 2 years. Its monthly premium is 10% according to the accepted regulation. During the billing period, Ivanova was not on vacation.

If a firm's collective agreement indicates a fixed amount of severance pay (for example, it is 75 thousand rubles), then it will receive an allowance equal to this amount, since if there are such clauses in the agreement, the amount of average earnings cannot be determinative.

69,000/23 * 8 \u003d 24,000 rubles

When calculating compensation for unused vacation, you first need to calculate the number of days. To do this, we divide the duration of the annual leave by 12 and multiply by the number of full months worked (since Ivanova worked less than 11 months for the current year). It is important to understand that the period is calculated not by the calendar year, but from the date from which the employee began working - this is March 10. Accordingly, by July 10, the number of months worked will be 4. We get:

28 / 12 * 4 = 9,33

After that, the average earnings per day are calculated and compensation is calculated directly. To calculate the average daily earnings, you need to determine the amount of earnings for the billing period. At the same time, sick leave and vacation pay will not be included here.

If an employee has worked a month in full, then for calculations it is necessary to take the average value of calendar days, which is currently 29.3. Thus, for our situation, we get that the average daily earnings will be:

(69,000 + 69,000 * 0.1) * 12 / 29.3 * 12 \u003d 2,590, 44 rubles

Accordingly, the amount of vacation pay will be:

9.33 * 2590, 44 \u003d 24 168.84 rubles

Terms in which the employer must pay off the employee

The timing of the calculation is the period of time for which the employee must be calculated upon his dismissal. In addition to all cash payments, a refund must be made.

In the event that an employee is on sick leave (which is unlikely in case of dismissal due to staff redundancy), payroll can be calculated in a non-cash form - by transferring to a bank card. It is important to understand that in this situation the employer will have to pay the sick leave as well.

The laws of the Russian Federation allow the situation of the calculation of payments and compensations after the application of the dismissed. This must be done no later than the next day after the receipt of such an application.

Interestingly, if there is a disagreement about the amount of compensation (which often appears), the employer is obliged to pay the part for which there are no claims on either side... The rest of the amount is paid either after a court decision (in the worst case), or after mutual agreement is reached.

There are times when a former employee, upon dismissal, has a certain debt to management (for example, it may be associated with the fact that the employee intentionally harmed office equipment). In this case, the employer has the right to withhold funds that are due to him by law, subject to restrictions: the amount of deductions cannot exceed one fifth of the salary of a former employee.

Calculations for early dismissal

According to article 180 of the Labor Code of the Russian Federation, early dismissal can be carried out only with the written permission of the employee. In this case, it must be paid additional compensation... It is calculated in the amount of the employee's average earnings, calculated in proportion to the time remaining until the termination of the notice of dismissal.

In addition, if workers are orphans or children left without parental care (of course, this only applies to adolescents), and they are laid off in this way, the employer must provide vocational training at its own expense. Finally, there should be employment guarantee either to this or to another organization. This fact is regulated by Federal Law No. 159.

It is important to understand that if, when agreeing to early dismissal, an employee writes a statement with the wording “to dismiss of his own free will,” then he is not entitled to additional payments.

In the event that this action was committed under pressure from the employer, you can apply to the courts.

Thus, with such a forced measure as staff reduction, employees are entitled to a number of payments, the amount of which is calculated on the basis of average earnings. Knowledge of the laws will allow the person not to be deceived, and the employer to maintain his good image in terms of personnel management.

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

Notification of workers about layoffs

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

In accordance with Article 180 of the Labor Code of the Russian Federation, it is the employer's duty to notify workers about vacant positions, if any. Depending on the date after which the reduction begins, the terms of delivery of notifications are determined.

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

Granted at least two months prior to the scheduled termination date.
The document is prepared for each individual employee.
The message is issued against signature.
Contains offers with other available vacancies.

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

Which regulatory organizations should be notified

When an employee is laid off, after the release of the order, the official should notify:

trade union;

Trade union notices are sent at least two months before the planned dismissal. With an extensive planned dismissal, this period will reach three months.

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

Within the same time frame, after the issuance of the order, the employment service must be notified. After the order, the head of the company sends there information about the number of laid off workers.

He also informs about their positions, specialties, volume and duration of work at the enterprise.

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

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

On the same day, he is provided with the due payments, which are determined by the Labor Code. Among them:

wage;
if there is an unrealized vacation -;
reduction benefit.

How long are benefits paid upon dismissal

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

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

The prescribed compensation, the amount of which is calculated as the amount of severance pay, can be obtained even in half a month. To do this, you will also need to present a work book.

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

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

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

Compensations are also paid for part of the third month. At the same time, a note on the new workplace must be made in the work book.

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

How preemptive right works

When making a list of employees who will be terminated, managers take into account the pre-emptive right to leave for some employees. When deciding which employees will be laid off, there are two main criteria to consider.

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

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

Employees with a family and two or more people in care.
Employees whose family members do not have their own income.
Those who have received an occupational disease or injury at this enterprise.
Taking advanced training courses in conjunction with the performance of work duties.
Disabled people and groups, combatants.

Reduction of employees who have reached retirement age

The reduction of pensioners follows the same algorithm. According to part 1 of article 77 of the Labor Code of the Russian Federation, the fact of reaching retirement age is not a reason for dismissal.

When downsizing, the employee also receives a notice at least 2 months before the last working day. The document is prepared personally and issued against signature.

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

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

When deciding on staff reduction, the priority has no legal basis under the Labor Code of the Russian Federation. They are paid the full amount of severance pay.

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

Registration of a work book

Dismissal due to staff redundancy obliges to make the necessary note in the employee's work book. At the same time, reference is made to paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation. It is indicated that the employee is dismissed due to staff reductions.

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

The Labor Code provides for the planned dismissal of employees as part of work practices. At the same time, the legislation determines the procedure for this procedure and protects the rights of employees.

The employer is obliged to pay the full severance pay and compensation for the first two months of unemployment. As prescribed by the Labor Code of the Russian Federation, it offers free vacancies, if available at the enterprise.

Dismissal of workers to reduce staff

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

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

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

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

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

As we have already said, not a single person is insured against optimization of an enterprise, staff reduction or liquidation of an organization, so you should familiarize yourself in advance with all the payments that are due for reduction.

Also payments for the second and third months are due. They are charged only if the reduced employee applied within two weeks from the date of dismissal and was declared unemployed. Financial support is provided by the former employer.

Registration procedure

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

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

Terms of calculation

All calculations are made on the last day of the employee's work... Thus, the employee receives a salary for all days worked (including the last), and also receives vacation pay and benefits. The rest of the benefits are paid on the days that were selected in a joint conversation with the employer.

In the article:

Dismissal is a very unpleasant moment in a person's life. Especially when it is not on his own initiative. In order to avoid unnecessary stress and protect your rights, you need to be prepared for this situation.

In Russian legislation, there are a number of norms that protect the rights of citizens who have been laid off.

There may be several reasons for dismissal at the initiative of the employer. For example: liquidation of an enterprise, or return to work of the main employee, as well as change of ownership of the organization.

Voluntary application or severance pay

However, not all managers want to spend extra money on severance pay and compensation for the dismissed employee and often offer to write a statement of their own free will. Many employees give in to panic and immediately agree to such a bad deal, fearing negative consequences and any reprisals from their superiors.

Dismissal under article is not easy

But it is not so easy to actually fire a person on a bad article as it might seem at first glance. To do this, it will be necessary to convene a commission, which will have to record either the employee's indecent behavior or the inappropriateness of his position. This process is quite laborious and the management is unlikely to want to do this. - an honest approach that involves paying compensation to the employee.

Dismissing an employee under the article is not so easy In the event of such threats, it is best to record the conversation on a dictaphone and, if possible, make a video recording.

With such evidence, it will be possible to apply to the labor dispute committee or to the court. Although, most likely, these arguments will be enough for the authorities.

Deteriorating working conditions as blackmail

The employer, due to the hard times of the company, may also offer the employee to move to another position with worse working conditions, with lower pay, or even move to another area. This is already a change to the employment contract and requires the consent of the parties. If the worker disagrees, he is entitled to compensation upon dismissal. It will be equal to the size of the average earnings for two weeks.

Compensation and severance pay

According to the Labor Code (Chapter 27), in the event of a forced termination of work through no fault of the employee, he is entitled to compensation and severance pay, the payments of which are made at the expense of the employer.

In this case, the boss is obliged to notify the employee in writing two months in advance of the upcoming dismissal.

Liquidation of a company or reduction of staff

If the company ceases to exist or reduces the staff, the employee is supposed to be given severance pay equal to the average monthly wage for the year, plus one more average salary is kept for the period of looking for a new job. In the case of registration with the employment service, the employee is entitled to an additional third average salary if, after three months, he has not found a new job. In order to receive your money from a former employer, it is enough to have a work paper with you without a record of new employment and a certificate of registration with the employment service.

If the company is liquidated - how the employee is dismissed Average monthly two weeks wages the dismissed person is entitled to if he refused to be transferred to another position that was offered to him, and when the terms of the labor or collective agreement are changed.

Sometimes the employment contract may provide for an increased amount of severance pay.

Dismissal of an employee on vacation

It must be remembered that the management cannot fire an employee who is now on vacation (including caring for a child under three years old) or is sick. The only exception is the case of liquidation of the enterprise. Veterans, participants in hostilities, disabled people, persons who are the only breadwinners in a family or have more than two dependents have the advantage of maintaining their position, in conditions of the same qualifications and work experience.

After the employee has read the order of his dismissal and put his signature in it, the employment contract can be considered terminated.

Now the firm is obliged to pay the employee's salary and severance pay on the same day.

If the employee was absent from work at the date of his dismissal for a valid reason, then he should be refunded the money on the day of contacting the accounting department.

Obtaining all documents and work book

On the last day of work, the employer must return the completed work book and provide all other documents necessary for the employee for further employment.

If the employee, for personal reasons, cannot personally receive his documents, then, with the employee's consent, they are sent by registered mail by mail. From the day the correspondence is sent, the organization disclaims all responsibility.

Usually, it is more profitable for both the management of the enterprise and the employee to reach an agreement peacefully, so the nerves will be intact and the reputation of the company will not suffer. Upon termination of the contract amicably, the parties agree on the amount of compensation using an additional agreement to the contract. In case it is not possible to reach an agreement, there are two ways: to apply to the labor dispute committee or to the court.

It might be helpful to read: