What are the employee's redundancy benefits? Reduction payments and other protections and guarantees as requirements of the Labor Code of the Russian Federation. Compensation payments for pensioners

Welcome to website. In the article we will talk about payments for layoffs. Legislation at the federal level regulates the protection of rights relating to labor activity. In case of reduction of employees, the employer is obliged to make all payments necessary for employees within the time limits established by law.

All payments that become mandatory in 2019 compensate the employee for all possible financial losses for the time spent looking for a new job. Payments are made based on Labor Code. Also, at the legislative level, it is prescribed what payments should be paid to the employee in case of reduction.

First you need to define what a reduction in staff and a reduction in the number of employees is. The number of employees is the entire composition of the workers of a particular enterprise. When there is a downsizing, there are layoffs. a certain amount person in a particular position. That is, for example, they leave only three engineers out of ten available.

The staff of employees represents all the employees of the managerial and administrative level of a particular enterprise. If the staff is reduced, then the same positions or the workers of the entire enterprise should fall under the dismissal. That is, when there is a staff reduction, not one employee is fired, but all those working in a regular position.

At the federal level, there is also the concept of dismissal of an employee at the initiative of the head. And downsizing in this case is the best way to optimize the work of the enterprise. In addition, there are cases when, in the event of a reduction in one position, an employee can be transferred to another vacant position. But downsizing is carried out under a certain procedure, which is approved by law.

In this case, the employee must be notified of the dismissal two months in advance. Notification is made in individual form and against signature in writing. If the employee refused to sign the order, then it is required to issue a refusal document with the signatures of the employees. If an employee is absent from the workplace for a good reason, then he must be notified.

An employee can be made redundant for a variety of reasons:

1. Enterprise reorganization.
2. Internal financial crisis.
3. Lack of a specific staffing unit.
4. Position liquidation.
5. Reducing the number of jobs.

The decision to reduce is made by the head independently. But in order to carry out a legal dismissal, it is necessary to prepare everything Required documents who will confirm the downsizing and the legality of the dismissal.

What is the law for layoffs

The reduction in staff or number of employees must be carried out in accordance with the Labor Code, Article 81, Part 1, Clause 2. This article is the main one in case of early termination employment contract with workers.

But before you start cutting, you need to make sure that it will be carried out in accordance with the law. In other words, the employer needs to refer to the fact that the company needs to reduce employees.

In accordance with article 179 of the labor code, the employer must respect the right to keep the job for some employees, these include pregnant women and those with high qualifications. Also, the reduction is made in a certain order. An employee who has been notified of the upcoming reduction is required to provide alternative positions, if any, in the enterprise, and take into account the employee’s abilities, qualifications and health status.

The Constitutional Court of the Russian Federation No. 867 states that the employer is not obliged to justify the decision to reduce. Because this decision the employer accepts independently if it is beneficial to the company. If the laid-off worker applied to the court or another third-party organization, then it does not decide that the reduction was necessary. That is, the court can only decide on the legality of the dismissal. Although in practice, the employer often has to explain to the court why the reduction was carried out and confirm this decision with documentation.

Preferential rights of employees

With a reduction in staff, a certain part of the workers has priority rights to retain their jobs. In accordance with the Labor Code, article 179, employees who have a high qualification, educational level, and professional skills have a high chance of retaining their jobs.

If there are employees with the same qualifications, then the position will most likely be retained by the following employees:

• Citizens who have 2 or more dependents.
• Citizens who improve their skills on the job.
• Citizens who have been injured or ill in the course of work.
• Disabled and war veterans.

Also, employees should be aware that upon dismissal they need to present documents on the basis of which they are entitled to benefits. It is worth knowing that payments for the reduction of an employee in 2019 are made on a general basis, and in this case there are no privileges for different categories of citizens.

Who can't be cut

In accordance with the labor code, there are a number of categories of citizens who are not subject to reduction:

• The employee is on sick leave or legal leave. If the employer reduces the position in which the employee works, then the dismissal will be made only after he goes to work.
• Temporary incapacity for work postpones the dismissal of an employee.
• Pregnant women and women with children under the age of 3 years. This category of employees is transferred to another position or is dismissed at the end of maternity leave and the child reaches 3 years of age, if the woman left the decree earlier.

Severance pay in case of reduction along with other payments must be transferred to the employee on his last working day. On the same day, the work book must be given to the employee.

Severance pay is a cash payment to a laid-off employee in an enterprise that optimizes the number of employees in the event of a reduction.

These redundancy payments include the entire average wages for the last month including all deductions.

The employee is also entitled to other types of payments for the next 2 months from the moment of dismissal until the next employment. The calculation must also take into account severance pay. If the employee is registered with the labor exchange, then the allowance will be paid within three months from the date of dismissal. You must register within 2 weeks from the date of dismissal.

In accordance with the Labor Code article 217, severance pay is not taxable only if the payment period does not exceed 3 months.

The calculation of this allowance is made on the basis of the Labor Code of Article 139 and Government Decree No. 922. The settlement period is 12 calendar months until the moment of dismissal. When deriving the average amount, the entire salary of the employee is taken into account, that is, how much was accrued to him.

The amount of average earnings must necessarily take into account:

• All premium and bonus payments, as well as rewards. No more than one type of additional payment per month is taken into account, if there are more premiums, then they can be taken into account in the month in which they were absent.
• Final bonuses, for example, for years of service or length of service.
• Other payments that amounted to the amount of monthly earnings.

If the reduced employee has not worked for 12 months, then the entire period of working out is taken into account in the calculation. If an employee worked for less than one month, then the official monthly salary or tariff rate should be taken into account.

But there are periods that are not included in the calculation of the average monthly earnings, these include:

• If the employee did not receive the entire salary, but only the average value. This period does not include the moments when a woman leaves workplace for feeding a child.
• Sick leave and social leave, such as maternity leave.
• If the employee was absent due to circumstances that did not depend on him.
• At the time of the strike, if the employee did not participate, but also could not continue to work.
• If the employee took extra time to care for a child with a disability.
• The time when the employee was absent from the workplace for other reasons.

The amount of earnings must include all payments, bonuses and payments made in kind.

Compensation

There are other payments upon dismissal to reduce an employee, these include monetary compensation for unused vacation days. If the dismissed employee has vacation days that he “did not take off”, then the employer is obliged to return them in cash. The accrual is made regardless of the grounds on which the contract is terminated. This compensation is taxable and may be included in the amount of severance pay.

There are also other types of payments. That is, if the employee, after receiving a notice of reduction, decided to terminate the contract ahead of schedule, then the employer is obliged to provide him with additional compensation for the time that was not used after the notice. In other words, if instead of 2 months, the employee worked only 5 days, then the employer must calculate the average earnings for the time remaining up to 2 months, but only if the employer agrees to let him go.

The employee must carefully ensure that all payments have been paid, including compensation for vacation if it remained unused.

When a layoff is made according to the general rule, the employee receives the actual salary for the last 2 months of work. This earnings becomes the main one, it is from it that the main part of the compensation consists. All remaining surcharges are subject to this payment. All reimbursements are made in accordance with the labor code, and payment is made on the last day of dismissal in full. Therefore, the employee needs to know what payments are due when the employee is reduced in order to verify the correctness of the transfers.

Payments for the last two months after dismissal

When a person is fired on a reduction, he has the right to maintain average earnings for two months after the day of dismissal. This rule is valid until the next employment. As a result, the unemployed have guarantees that the state has provided for him, that is, the provision of a certain amount of money until the next employment. This cash security is held for 2 unemployed months.

But if former employee registered with the employment service within 14 days, then he is entitled to receive a reduction in staff not for two months, but for three. But only if the person does not go to a new job.

In this case, the Employment Center makes a decision to extend the payment, and the employer pays compensation. This allowance will be maintained until a new employment, if a person has found a job, then payments will no longer be made. If a person did not start working from the beginning of the month, then payment will occur only for the time that he was considered unemployed.

What is due to a pensioner when reducing

When there is a dismissal of a pensioner due to a reduction in staff, then they have no special features in payments, everything is done on a general basis. As a result, the pensioner who was fired is entitled to the following payments:

1. Severance pay, the amount of which is the average earnings. If the pensioner received a larger size, then he should receive it.
2. Retrenchment benefit, which will be paid within 2 months after the termination.

It is worth knowing that reaching retirement age is not grounds for dismissing such workers in the first place.

By law, they have the same right to continue working and receive benefits as other employees. In addition, pensioners tend to be highly skilled and productive, and this, on the contrary, puts them in the category of those who are laid off last or not at all.

Calculation of severance pay for downsizing in 2019

When an employer decides to carry out a reduction, he needs to know how to calculate the severance pay for the reduction correctly. Yes, and it will be useful for the employee to find out.

The calculation of compensation payments includes the amount of average earnings for one month. The calculation is based on income for one day and the sum of all days worked, except for those when the person was sick or resting.

For example, the calculation of basic payments is made as follows: the average income per day is 1,200 rubles, and in fact the employee worked for 25 days, as a result, the average salary is 30,000 rubles. It is this amount that will be credited in the form of compensation. If additional payments were prescribed in the employment contract, then they are also included in the calculation of compensation.

To calculate the severance pay, the following formula is used: VP \u003d RD * SZ, where VP is the amount of severance pay, RD is the number of days in the next month after dismissal, SZ is average earnings.

To calculate average earnings, a different formula is used: SZ=GD/730, where GD means the annual total income for the last 24 months.

How to claim compensation

When the question of downsizing arises, employees are concerned about the question of what payments are due in case of reduction and how they are processed. In accordance with the latest changes in the current legislation, all settlements with an employee that relate to remuneration for the time that was worked out and the accrual of severance pay must be processed and paid on the last working day of an employee who was fired due to a reduction in staff.

But it is worth knowing that before the day of calculation, the employee is obliged to submit a bypass sheet, which is drawn up in accordance with the law and in accordance with all the rules of the enterprise, this bypass sheet is a confirmation that the employee does not owe anything to the enterprise.

In order for all the necessary amounts to be paid to the employee, which will be paid in the next two or three months after the dismissal, it is required at the end of the month in which the fact of dismissal occurs, if the employee has not found another job, contact the former employer for settlement.

It is worth remembering that all words must be supported by documents, that is, either bring a certificate from the employment center or bring a work book that confirms that at the time the calculation is made, the employee is unemployed. Only after these actions a person will be able to start processing all the necessary payments. If a person does not provide documents confirming his unemployment, then the appointment and payment of compensation will not be made.

Who pays the allowance

Let's finally clarify if there has been a layoff, what payments and compensation are due, and who should make all the necessary appointments and payments.

All payments that an employee should receive upon reduction are assigned and paid directly by the employer.

As a result, if a dismissed employee needs compensation for the time he spends looking for a new job within two months after his dismissal, then he needs to contact the appropriate department with the necessary documents, after which he will be assigned the necessary payment.

If a person has not found a new job within two months and he needs to receive a payment for the third month, then he also needs to go to the last employer from which he was fired. You need to have a certificate issued by the employment center with you. This certificate will become proof that the person is still looking for a new job and is registered with this organization as unemployed.

Today, everyone needs to know their rights, especially if they relate to labor relations, since very often employers use the illiteracy of their own employees. Therefore, if a person was fired during the reduction of the enterprise, and does not know what to do and where to turn, then you need to talk to a competent lawyer.

In this case, the lawyer will prompt all the necessary actions and tell you what you need to pay special attention to when reducing. You can find out from a lawyer what payments and benefits should be paid after a person is fired.

An employment contract with an employee may be terminated by the employer, in particular, in connection with a reduction in staff. In this case, the employer warns employees about the upcoming dismissal personally and against signature at least two months before the dismissal (clause 2, part 1, article 81, part 2, article 180 of the Labor Code of the Russian Federation).

Upon dismissal of an employee in connection with a reduction in staff, he is entitled to the following payments.

Reduction payouts

When terminating an employment contract due to a reduction, the employer is obliged to pay the employee the following amounts (part 1 of article 127, part 7 of article 136, part 1, 4 of article 178, part 3 of article 180 of the Labor Code of the Russian Federation):

1) wages for the period of work before dismissal, bonuses, allowances and other payments;

2) monetary compensation for unused vacation;

3) severance pay in the amount of the average monthly salary (unless the labor or collective agreement provides for an increased amount of the allowance);

4) additional compensation in the amount of average earnings in proportion to the time before the expiration of the notice period for dismissal, if the employer dismisses the employee with his consent before the expiration of the two-month notice period for dismissal.

If the payments due to the employee are not paid on the day of dismissal or the next day after the employee submits a request for payment (if the employee did not work on the day of dismissal), the employer is obliged to pay them with interest (monetary compensation). The amount of compensation must be at least 1/150 (before October 03, 2016 - at least 1/300) of the current key rate of the Bank of Russia on amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement inclusive. At the same time, a collective, labor agreement or local normative act a larger amount of compensation may be established (Article 140, Labor Code of the Russian Federation; clause 2 of Article 2, Article 4 of the Law of 03.07.2016 N 272-FZ).

Payments after dismissal in case of unemployment

After dismissal, if the employee is not employed, he retains the right to receive from the employer (parts 1, 2 of article 178 of the Labor Code of the Russian Federation; part 2 of article 5 of the Law of December 29, 2006 N 255-FZ):

1) payment for sick leave if the employee falls ill within 30 calendar days from the date of dismissal;

2) average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay).

In order to receive the average monthly salary for the period of employment, after two months after the dismissal, the employee must present to the employer a document proving the identity of the employee, an application to free form and a work book, which is a confirmation of the period of employment. Employment history confirms the fact that the employee is not employed.

In exceptional cases - due to the social vulnerability of the dismissed employee, his lack of means of subsistence, the presence of disabled dependents, etc. - the average monthly salary is retained by the dismissed employee for the third month. To receive payment for the third month, formal conditions must also be met (part 2 of article 178 of the Labor Code of the Russian Federation; Determination of the Constitutional Court of the Russian Federation of November 29, 2012 N 2214-O; Definition Supreme Court RF dated July 17, 2017 N 69-KG17-10):

1) the employee, within two weeks after the dismissal, applied to the employment agency;

2) the employee was not employed by the employment agency within the third month after the dismissal;

3) in order to apply to the employer for receiving a payment for the third month, the employee must receive, for presentation to the employer, from the employment service body a decision on the right to receive this payment.

Due to the fact that payments to an employee dismissed due to a reduction in the number (staff) are made with a severance pay offset, the employer may not agree with the payment of the average monthly earnings for the period of employment for the third month (part 1 of article 178 of the Labor Code of the Russian Federation).

The wording “including severance pay” means, in our opinion, that the average earnings are paid for the second month of unemployment, since the severance pay paid to the employee upon dismissal is paid for the first month of unemployment.

Note!

Additional compensation in connection with the termination of the employment contract before the expiration of the notice of dismissal is not subject to personal income tax. Compensation for unused vacation is subject to personal income tax in full. Severance pay, as well as the amount of average monthly earnings for the period of employment, are subject to personal income tax in excess of three times the average monthly earnings (six times the amount - upon dismissal from the "northern" organizations) ( paragraph 3 of Art. 217 Tax Code of the Russian Federation; Letter Ministry of Finance of Russia dated July 31, 2017 N 03-04-07 / 48592).

Useful information on the issue

Official site Federal Service for labor and employment

02.04.18 80 796 6

Step-by-step instructions for leaving work

For three months I have been doing nothing and getting paid for it. For some it's a dream, for me it's a forced necessity.

Albina Hasanshina

got laid off

In September 2017, 20 of my colleagues and I received written notices of upcoming layoffs. I heard that there were compensations for layoffs, but at the time I didn't know what they were.

I was not too lazy to figure it out, so for another three months after the reduction, I was paid a full salary, and after that - unemployment benefits.

Everything according to the law

The events of this article are based on legal reduction. This is not always the case.

Sometimes employers use abbreviations to fire employees without objective reasons. At the same time, they reduce one position and come up with another - formally new, but with the same responsibilities. After that, they simply hire the employee they like best for her. For example, pregnant women, women on maternity leave or single mothers are fired so often because they do not want to pay them maternity leave or hire temporary employees in their place. This is illegal, and if the case goes to court, the court will usually side with the employee.

With legal reduction, it also happens in different ways. If the employee received part of the earnings in an envelope, then after the reduction in payments there will be less salary. And if he was not registered with the state, then when he is reduced, they will simply say goodbye to him and will not pay anything.

All these are topics for separate articles. In my case, the salary was whiter than snow, and the department was actually reduced. If you do not, then you will have to act differently.

How is downsizing different from layoffs?

Downsizing is a process in which an employee is fired and his position is abolished. If, during a normal dismissal, another specialist is taken to the place of an employee, then this will not work with a reduction.

My company closed an entire department and two months before the layoff warned all employees about this. A week before the reduction, eight colleagues were offered to transfer to a new department. Some employees are given a preferential right to stay at work, and someone cannot be fired at all, even with a reduction in staff. I didn't get into them. Until November 20, I worked as usual and was preparing for a reduction.

bypass sheet

A bypass sheet is a document that confirms that the company has no claims against the dismissed employee. When I got a job, the warehouse gave out furniture and overalls, the office - a computer, System Administrator created an account. In order to protect themselves from unnecessary expenses and disclosure of trade secrets, the employer prescribes in the employment contract that the employee himself is responsible for the condition of the property and the consequences of the dissemination of information.

The employees of the office and warehouse checked that I did not damage the property, the IT department deleted the account, and the certificate was taken away at the pass office. Each employee put a mark on receipt and signature on the bypass sheet. Then I took my workbook.

On the day of dismissal, the personnel department makes an entry in the work book about the reason for terminating the employment contract. In my case, it was "reducing the staff of the organization." Under the record of the personnel officer, I signed that I had read the order and agreed with the changes made to the work book.

final settlement

On the day of dismissal, employees are paid wages for the days worked in the current month, compensation for unused vacation and severance pay in the amount of average monthly earnings. Money is credited to the card in one amount.

To figure out how much and for what I was paid, I turned to the accounting department. I was given a pay slip.

What was on the payslip

Salary

50 731 Р

severance pay

62 475 R

Compensation for 16 days of vacation

23 942 R

Severe climate surcharge

3922 R

141 070 Р

Along with the pay slip, I immediately asked for three references.

Help 2-NDFL for the current year to receive a tax deduction for education, treatment or an apartment. This certificate is also needed by a new employer to see if a person is entitled to standard deductions, for example, for children.

Salary certificate for the last three months. It will be needed when calculating benefits at the employment center.

After bookkeeping, I went to the local employment center.

Employment Center

The employment center is a place where laid-off employees are helped to find work and not starve to death while searching. It looks like this: after being fired, you register at the center, come every two weeks, get a list of vacancies, choose one or two from it and go for an interview. And so on, until you find a new job.

As long as you don't miss a visit and are looking for a job in good faith, the employment center makes sure that you receive compensation. If you have been made redundant, your former employer pays them for the first three months in the form of an average salary. After that, the state pays unemployment benefits.

The employer issues the first compensation at the time of calculation, the second - two months later, the third - a month later. You will receive the second and third compensation only if you have not yet found a job: formally, this means that there is no entry in the work book.

To receive compensation for the third month, you need to have time to register with the employment center within two weeks after the reduction. If you come after 14 days, the service will register the application, but according to the labor code, the employer will not be able to pay compensation for the third month. In addition, in order to receive the last part of the compensation, the employer needs to bring a certificate from the employment center about the decision to keep it for you.

Earnings for the third month is an exceptional payment, for which the employer needs iron reasons. It is paid if the employee is the only breadwinner in the family or, for example, supports elderly parents.

At the employment center, your inspector helps you. When you come for the first time, he checks your documents, sets up a file and offers the first vacancies.

To register at the employment center, take your passport, insurance certificate, TIN and diploma with you. If there is no diploma any will do education document. And also take a work book, a certificate from your previous place of work on average earnings for the last three months and a card to which compensation will be transferred - you will be asked for its details.

Within 10 days after registration at the center, you will be given the status of unemployed. From this point on, in addition to help in finding a job, you can consult on starting your own business, participate in paid public works, ask for financial assistance, get early retirement and undergo vocational training. All this is at the expense of the state.

If you start receiving any money other than unemployment benefits or compensation from your former employer, the job center stops all payments and removes you from the register. This can be not only a new job, but also your own business, work under a civil law contract, study with a scholarship, pension, and even community service.

Payments will also stop if you miss your scheduled appointment without a good reason. Good reason illness or death of relatives is considered. So that the employment center does not deregister you, call your inspector immediately after the doctor, and bring him sick leave or a copy of the death certificate.

If you receive money for freelancing - payments will stop

The job center is your friend in need. If you are no longer in trouble, there will always be someone who needs money more. If you try to deceive the center and do not say that you have started working, it will find out about it upon request to the Federal Tax Service and the pension fund, and the entire amount of benefits will have to be returned.

I registered with the employment center the day after my dismissal. On the same day, the center took up my employment.

Jobs

Everyone who is registered at the employment center is selected for a job based on the level of professional training, the conditions of the last place of work, the state of health and transport accessibility. The center's specialists also try to take into account the average salary at the last place of work, if it was above the subsistence level. A certificate from the accounting department with income for the last three months is useful here. If there are no suitable vacancies, and also if you are looking for a job for the first time or after a year break, the specialist will offer any paid option.

Each visit, the inspector printed out a new list of vacancies for me. The journalist or correspondent that I previously worked for was not required anywhere, other vacancies also did not appeal to me. But I still had to choose some vacancies and go to interviews. As explained to me at the employment center, if the dossier is empty, I will not be issued a certificate and I will not receive the third average monthly salary from my former employer. I was advised to go to interviews at least once every one and a half months.

Opposite the selected proposal, I put a tick and signed, after which I was given a referral for an interview.

interviews

Within three days after you receive a referral, you need to pass an interview with a potential employer. The direction contains the name and address of the company, as well as the phone number and position of the employee with whom to communicate. According to the results of the interview, the employee of the company writes down his decision directly in the direction from the employment center. If it is negative, he also explains the reason there.

If the interview was successful, but you did not like the working conditions, then you also write the reason for the refusal in the direction. This could be, for example, a low salary, an inconvenient schedule, or a high workload. However, it is better not to abuse this: after two such refusals, the employment center will not issue a certificate or stop unemployment payments for three months.

The only situation where you can refuse to work and this will not affect your file in any way is if previous work you received more than the living wage, and on new job wages below this level.

I was offered a job in a telecommunications company, in a bank and in an MFC. But I can't sell public institutions did not work and had no experience in the proposed vacancies. I brought the referrals with the reason for refusal by the employer, date, signature and seal on the scheduled visit to the employment center and handed it over for the dossier.

In parallel with visiting the employment center and bypassing its vacancies, I was looking for a job on my own - on Headhunter and in special channels in Telegram. I understood that the employment center would not find a job equivalent to the previous one, because there were no vacancies in the profession, and for the rest I did not have enough experience.

I recorded each response, phone call, letter and interview in a special plate - an individual plan for independent job search.

Independent job search

An individual job search plan is a document that shows that a person is interested in getting a job as soon as possible and is actively searching. The plan assumes that the unemployed, in addition to the vacancies offered by the employment center, will go to other interviews.

It is not necessary to look for a job on your own, but the inspectors of the employment center strongly recommend this to anyone who wants to receive a third part of the reduction payment from the former employer.

The fact is that the certificate is issued by the lawyers of the employment center on the basis of the dossier. From the dossier, the lawyer should have the impression that you were actually looking for a job, and were not marked in the employment center for show. There are no formal criteria in the law according to which a lawyer must issue this certificate to you, so the decision is left to his discretion.

The favor of a lawyer can be achieved without an independent job search, only through referrals from the employment center. But if the offered vacancies do not suit you, and employers want to hire you, you will have to refuse them yourself. Because of this, the lawyer may decide that you do not need a job and not issue a certificate.

Therefore, it is more reliable to look for a job yourself and write down the results in an individual plan, and go only to those interviews that you are really interested in or where the employer is likely to refuse you.

An individual plan is issued at the employment center. This is a table in which you need to record the date, stages of passing and the result of the interview.

Independent job search does not replace scheduled visits to the employment center. If you miss a visit, then even three completed sheets of an individual plan will not help and the unemployed person will be removed from the register.

Total: compensation from the employer

I did everything on time, so in three months I received 188,000 rubles from the employer.

My former employer paid me the first compensation in advance upon dismissal. Two months later, I came to the accounting department for the second allowance. I took a work book with me, in which the accountant checked the absence of records of a new job.

A month later, before the last payment, I needed to get a certificate from the employment center. To do this, I brought to the center a completed individual plan for an independent job search.

188 000 R

for three months I received from the former employer as compensation

Three referrals from the center and four interviews from an independent search were enough for the specialist. I was referred to a lawyer, who also checked whether I visited the employment center in a timely manner and whether I had any income on the side. I was given a certificate, and I went to the accounting department to receive the last compensation.

My employer was responsible and did everything according to the law. You can't blame the company for having to cut staff. Sometimes this helps to maintain solvency in front of other employees: pregnant women, sole breadwinners, large families. But there are companies that do not pay compensation in full and on time in the hope that employees do not know about the payments and will not demand anything. Or there is such a mess in the company that there is no time for compensation. In this case, you should not wait, but demand your own: first politely, then in court.

I know of a case where an employee was made redundant and compensation was paid only for a month. He didn't know what was due for two more. And he would not have known if his wife had not figured everything out herself. Then they wrote a polite letter to their former employer, but they were already mentally preparing for the trial. The letter was written without a lawyer - they wrote it in their own words. This helped almost instantly: the former employer immediately requested details and paid all the money a week later. They only asked for a certificate from the employment center.

If the employer does not meet halfway, you can demand payment, forfeit and moral damage through the court. It's practically a win-win case.

Unemployment benefit

When compensation from the former employer ends, the employment center begins to pay unemployment benefits. Payments are due to everyone who is registered and worked for at least 26 weeks before dismissal.

The law "On Employment in the Russian Federation" spells out how unemployment benefits are calculated. Payments depend on the average salary for the last three months at the previous place of work. For example, the first three months after receiving the last compensation from the employer, the amount of the benefit is 75% of the previous salary, then another 4 months - 60%, and then - 45%.

But there is a clause in the law that payments cannot exceed the maximum amount of unemployment benefits in Russia. In 2018, this is 4900 rubles.

4900 R

the amount of unemployment benefits in Russia. There are also regional allowances, but not everywhere

In some regions, the allowance is slightly more than the maximum amount, because it is also multiplied by the district coefficient. It depends on the climatic conditions in which a person lives and works. The more severe the weather, the higher the surcharge. For example, in Moscow and St. Petersburg there is no coefficient, but in the polar regions of Yakutia or Chukotka it is equal to two. I live in Yekaterinburg, here the coefficient is 1.15. Therefore, my unemployment benefit is 5636 rubles per month.

Unemployment benefits have not yet begun, but knowing their size, I understand that it will be difficult to live on them. I have not found a job yet, but I decided to deregister at the employment center and try myself in the role individual entrepreneur.

What to do when cutting

1. Make sure the company has no claims against you. Hand over everything that is written to you, and coordinate with the responsible persons. This will save you from litigation with the employer.
2. Get the necessary information immediately after dismissal. It is better to keep them at home than to ask the accounting department every time.
3. Within 14 days after the dismissal, register with the employment center. This way you can claim compensation from your former employer for the second and third months.
4. Strictly follow the rules of the job center. The first rule is not to talk about the employment center. Sorry. Of course, the first rule is to come on the appointed days, go to interviews, look for work on your own and keep the employment center up to date.

The downsizing process is carried out in several stages.

During the reduction, the employer must strictly adhere to the provisions of the Labor Code of the Russian Federation, otherwise the dismissal due to reduction can be declared illegal through the court.

In addition, the employee must be paid compensation. How not to be left without payment, what you need to know when reducing?

Dismissal in connection with the reduction occurs in the event of liquidation, reorganization of the enterprise or in the event of a reduction in the number of one (several) staff units.

If there is a need to reduce staff, you need to be guided by Art. 81 of the Labor Code.

To initiate the reduction procedure, the employer must first notify the employment service 3 months in advance that the company is making reductions.

You can notify employees of the upcoming reduction no later than 2 months before the dismissal. About the upcoming reduction, employees are notified, which they must get acquainted with by signature.

If there are other vacancies that are suitable for the qualifications of the employee and are not prohibited by a medical certificate, these vacancies must be offered.

If the available vacancies are not offered, such actions of the employer are a direct violation of the law.

Only if the employee does not agree to move to another proposed position (the refusal must be recorded in the act), he can be dismissed due to a reduction in the payment of wages, unused vacation days, severance pay and other compensation payments.

Preferential rights of some employees

Before making a reduction, it is necessary to find out which employees have the preferential right to remain in the service.

The labor legislation enshrined the right that it is necessary to leave workers with higher qualifications and labor productivity at work.

If these indicators are equal, then the following employees have priority rights:

• if the employee has two or more dependents, this category includes disabled members of his family;
• if the employee's family does not have other persons who earn their living;
• employees who have been injured at work or have an occupational disease;
• invalids of war (WWII and other military operations);
• employees who improve their skills in the direction of management on the job;
• in the collective agreement, management may indicate other categories of employees who are entitled to benefits.

In addition, persons who were exposed to radiation at the Chernobyl nuclear power plant, at the Semipalatinsk test site, military spouses, persons admitted to state secrets, Heroes of the USSR, the Russian Federation and some other categories of workers have the right to be left at work.

Compensation payments

Those employees who do not want to be transferred to another position or there are no vacancies for them are subject to dismissal.

According to Art. 178 Labor Code of the Russian Federation upon dismissal of subordinates for such a reason as a reduction, compensation is provided.

This includes the following amounts:

• severance pay - such a payment will be in the amount of the average salary of the employee;
• compensation for the duration of the job search. Its size is also equal to the average earnings. However, this part of the compensation is not paid immediately, but only during the period of employment and no more than 2 months. To receive these types of compensation, it is necessary to confirm the fact that the employee is not employed, and he also needs to write an application asking for compensation;
• as an exception, the dismissed employee is also paid compensation for 3 months by the decision of the employment service, but this is done only if the employment center cannot find work for the employee who was dismissed by reduction. In addition, in order to receive payment for the third month, the employee must apply to the employment service within 2 weeks after leaving work.

The Labor Code of the Russian Federation also provides for additional compensation for staff reduction. If the employee wishes to terminate the employment agreement before the 2-month period given for warning, the employer is obliged to transfer to the employee additional amount compensation.

The calculation of such a payment is calculated on the basis of the amount of average earnings, which is calculated in proportion to the time left until the end of the notice of dismissal.

Also in this case, the employee is entitled to other payments: vacation pay, compensation for sick leave (if any), etc.

Payments for certain categories of employees

Thus, workers in the Far North are entitled to redundancy payments in the amount of their average salary for 3 months.

But the employment service can issue a decision on the payment of compensation and in a longer period - for 4-6 months.

But such payments are made only in exceptional cases.

For those employees who work for seasonal work, the amount of severance pay is calculated only in the amount of not more than two weeks of average earnings.

By the way, compensation payments in the amount of two weeks of earnings are due not only to employees with a reduction, but also in such cases:

• in case of rejection of proposals for vacancies if such a transfer is necessary in connection with medical indications, the employee is entitled to severance pay, which is calculated depending on 2 weeks of earnings;
• refusal to transfer to an organization located in another locality, together with the employer;
• in the event of an employee being called up for military service (or alternative service);
• refusal of an employee to continue work in connection with significant changes working conditions;
• reinstatement in the service of a former employee by a court decision;
• in other cases.

Compensation payments for pensioners

Pensioners can also be laid off, moreover, in this case, no benefits are provided to workers of retirement age.

The dismissal of a pensioner is carried out on a general basis with the payment of compensation. An employee of retirement age is entitled to salary payment, compensation for vacation, and he is also entitled to severance pay.

Moreover, for the second month from the date of dismissal, compensation for pensioners is also provided. To receive such a payment, the employer is presented with a work book where there is no record of employment.

At the same time, compensation payments to pensioners are not accrued for the 3rd month. Upon reaching retirement age, a citizen cannot register with the employment service, because those persons who receive a pension by age or for length of service are deprived of the right to apply for employment assistance at the employment center.

How is severance pay calculated?

For the correct calculation of the employee's severance pay, his average monthly earnings are taken into account. And this means that if the dismissal is carried out, for example, on April 1, then the allowance is paid for the period from April 2 to May 1.

If an employee dismissed by reduction was registered with the employment center, but a new vacancy was not found for him in a month, he has the right to apply to his former employer for a severance pay for the second month.

Compensation for the second month is calculated for the period from May 2 to June 1. If, by decision of the employment service, the employee is assigned compensation payments for 3 months, then the employee again turns to the former employer.

The procedure for paying compensation in this case is similar - you will need to re-present the work book, where there are no records of employment.

It should be clarified that to determine the average earnings, the periods when the employee did not work, that is, we are talking about being on vacation or on sick leave, are not taken into account.

But bonuses and other types of remuneration are taken into account when establishing the amount of average earnings.

Liability for failure to pay compensation

If the employer does not transfer the due payments when the employee is laid off, he will bear disciplinary or administrative responsibility.

In case of violation of the rules for the payment of compensation payments during the reduction of the employer, they may be held liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

According to this article, a fine is provided for individual entrepreneurs in the amount of 1 to 5 thousand rubles. Instead of a fine, suspension of activities up to 90 days can be applied. And for legal entities, the amount of the fine is even higher - 30-50 thousand rubles or termination of activity for up to 90 days.

To begin with, it is necessary to understand the main theoretical issues that are affected by the reduction procedure.

It is necessary to clearly understand the difference between downsizing and downsizing. So, the number of employees is the entire payroll of employees of a particular enterprise. If we are talking about a reduction in the number of employees, then the number of employees in a certain position decreases. For example, it is necessary that there are two engineers in the enterprise instead of the current ten.

It is customary to refer to the staff of employees all employees of the managerial and administrative level at a particular enterprise. When reducing staff, the same positions or employees of the entire reduced unit should be excluded from the staffing table. When it comes to reducing a certain staff unit, not one employee is fired, but everyone who staffing perform work in a particular position.

Layoff to reduce staff: who cannot be laid off

The loss of a job entails an inevitable deterioration in the financial situation. Therefore, the law introduced restrictions on the application of such a step to socially vulnerable workers.

The employer does not have the right to reduce:

1. Single mothers raising children under 14 years of age. If the child is disabled, the single mother will be able to continue working until the dependent reaches the age of majority.
2. If a parent is deprived of the right to bring up, the person replacing her - a single father, guardian - falls under the protection of the law.
3. All women raising children under the age of three.
4. The sole breadwinner in a family with a disabled child under 18 years of age.
5. Women who are in maternity leave.
6. Workers who have received an industrial injury and mutilation at this enterprise.
7. Disabled due to military trauma.
8. Employees who are on vacation or in treatment for temporary disability.

If a large-scale optimization is planned, when there are several applicants for the positions to be left, the preferential procedure for maintaining jobs comes into effect.

Priority is given to:

1. High performance workers.
2. Professionals of the highest category.

If employees are equal, then their family and social status is considered. The advantage is guaranteed:

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

When reducing personnel to 18 years of age, the employer must obtain permission from the state labor inspectorate and guardianship authorities ().

Deadlines for redundancy

The law does not allow layoffs without warning. The employer is obliged to warn candidates about an unpleasant event 2 months in advance in writing. Starting in 2016, in the notice, the employer offers ways to avoid layoffs: for example, working on a reduced schedule. For seasonal workers, labor legislation provides for a different notice period - 7 days ().

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

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

Downsizing: Compensation in 2019

Severance pay is not the only amount that a person will receive upon dismissal. So, he is entitled to some additional compensation.

For example, if an employee notified according to the rules expresses a desire to leave the enterprise ahead of schedule, then he informs the employer about this, and he, in turn, must calculate an additional amount in the form of compensation for the time that he did not use after notification. Those. if the dismissed employee, after notification, worked 5 days (instead of 2 months) and expressed a desire to be dismissed earlier, he must receive additional compensation in the amount of average earnings for the time not worked before the end of the notification period in the event that the employer agrees to release him in advance. Also, be sure to make sure that you are paid earnings for the time worked at the company, as well as unused vacation (if it really was not used).

Severance pay for redundancy

Severance pay, as well as other payments, must be transferred to the employee on his last working day. The same time is set for the transfer of the work book.

What is severance pay? This is the payment of a certain amount of money to a dismissed employee from an enterprise that optimizes the number of employees through a reduction procedure.

Severance pay includes the amount of average earnings per month, taking into account additional deductions. Also, the employee is entitled to similar amounts for the next two months after dismissal until employment (the calculation is made taking into account the amount of severance pay). In exceptional cases, the employee will be paid for the next three months after the dismissal (within 2 weeks from the date of official dismissal, the employee registered at the labor exchange).

The amounts due to the employee as a severance pay, on the basis of paragraph 3 of paragraph 217 of Article 217 of the Labor Code of the Russian Federation, are not taxed, except for the case when the amounts of payments exceed 3-month average earnings.

The calculation of the average earnings due for payments is made on the basis of Article 139 of the Labor Code of the Russian Federation, as well as the Decree of the Government of the Russian Federation dated December 24, 2007, serial number 922. The billing period is 12 calendar months preceding the day of dismissal. When the average amount is displayed, the entire earnings of a person are taken into account based on how much was actually accrued to him.

In the amount of average earnings must be taken into account:

1. Premium and bonus payments, remuneration. No more than one type of additional remuneration for one month during the calculated period is taken into account. If there are more bonus amounts, then you can take them into account in the month where they were not;
2. Remuneration at the end of the year, in connection with the length of service, length of service, etc.;
3. Other payments included in the amount of monthly earnings.

The main rule of action to withdraw the amount of average earnings: it should not be lower than the subsistence minimum threshold established in the country on the day of dismissal.

Companies are required by law to recalculate wages. Find out if the indexation of vacation pay can not be recalculated for all employees. The deadline for paying maternity pay is clearly established by law. See when the money is due.

If the employee to be laid off has not worked for 12 months at this enterprise, then the entire period of working off must be taken into account when calculating the amount. If the operating time was not even one month, then for the calculation it is necessary to take the amount of it tariff rate or official salary.

The following periods are not taken into account in the calculation of the average monthly earnings:

• when the employee did not receive the entire amount worked out, but only the average wage for his labor (such periods cannot include the time when a woman, in accordance with the Labor Code of the Russian Federation, can leave her workplace to feed her child);
• sick leave time, as well as social leave provided in connection with the state of pregnancy and childbirth;
• when the employee was not at the workplace due to circumstances beyond his control;
• when the strike took place (the employee did not participate, but could not work);
• additional time provided to a person for the care of a disabled child;
• time when the employee for some other reason was not at his workplace.

Earnings include all payments from the employer, including bonuses, in-kind products, and other payments.

sick pay

The reduced employee is entitled to paid sick leave. Basic conditions:

• the citizen fell ill before the official day of dismissal. The amount of the payment depends on the length of service and the average salary;
• sick leave received within 30 days after the reduction. The allowance is equal to 60% of the average wage for the last two years. If a citizen is registered with the employment service, it is equivalent to unemployment benefits.
• sick leave issued to a pregnant woman officially recognized as unemployed within a year after her dismissal in connection with the liquidation of the company.

Payment of a sick leave is not a basis for refusing to issue other payments for dismissal due to redundancy.

Holiday compensation

Compensation for unused vacation upon dismissal is calculated according to general rules. That is, the fact that this compensation is due to be paid in connection with the reduction of staff does not matter. Therefore, we will not describe in detail the calculation procedure in this article. Just apply this formula to the calculation (Article 127 of the Labor Code of the Russian Federation)

Compensation for unused vacation = number of unused vacation days X average daily earnings.

At the same time, we recommend paying attention to the peculiarities of calculating leave compensation upon dismissal for those who have worked less than a year but more than five and a half months. When calculating compensation in such cases, determine the number of unused vacation days according to the formula (Letter of Rostrud dated 03/04/2013 No. 164-6-1):

Number of unused vacation days = duration annual leave- number of vacation days used

It turns out that if the employee worked for five and a half months or more and was not on vacation, then when layoffs due to downsizing he is entitled to compensation for full leave.

Payment of the 13th salary in case of reduction

Such a bonus as the 13th salary is available at many enterprises. Employees, not knowing their rights well, sometimes do not even realize that when they are laid off, the employer must pay this bonus to the dismissed person. Even if the reduction occurs in the summer. True, this is only possible if the person has worked in the company for at least a year.

Early retirement

Video about the rights of the employee during the reduction:

If the former employee is employed in the middle of the second month, the benefit is calculated in proportion to the time during which the employee was not employed.

At the end of the third month. For the third month, the average earnings for the period of employment are paid to the employee only if (part 2 of article 178 of the Labor Code of the Russian Federation):

• within two weeks from the date of termination of the employment contract, he applied to the employment service at the place of his registration and was registered;
• within three months after the dismissal was not employed by the employment service.

If these conditions are met, after the end of the third month, the employment service will issue an appropriate document to the employee, upon presentation of which the employer will have to pay him the average earnings for the period of employment (for the third month after dismissal).

The payment of average earnings for the period of employment is not salary, therefore, it is not necessary to pay it within the time limits established by the company's local regulatory act for paying salaries. The payment of amounts can be made after the second and third months, in accordance with former employee days.

Benefit Taxation

The Tax Code determines that the amount of the severance pay, payments for the second and third months after the reduction, as well as compensation for dismissal before the fixed deadline of the organization may be included in the number of "salary" expenses when determining the tax base.

This can be done both by companies under the general regime, which pay income tax, and by "simplifiers", who consider the tax according to the "Income minus expenses" system.

Also, these payments will not be subject to personal income tax and social contributions, but only if they are within the limit established by law. This point of view is expressed by the Ministry of Finance in its letters.

The following is used as a limit for such an operation:

1. Average earnings three times the amount for workers in ordinary climatic conditions;
2. The average salary is six times the amount for employees who work in the Far North and equivalent territories.

This limit is uniform, and its size does not depend on the position, salary and other features.

If the total amount of compensation exceeds the specified limit, then personal income tax must be withheld from the amount of excess and insurance premiums must be calculated.

How to get paid

A reduction in staff carried out in accordance with all the rules is a guarantee of receiving severance pay. The employee is advised to carefully study all the documents that he signs and familiarize himself with the labor legislation in order to prevent violation of his rights.

Decor

The accounting department of the employer is responsible for the registration and calculation of compensation for reductions and other charges. The allowance is paid on the basis of an order, which indicates its amount and the reason for dismissal. A corresponding entry is made in the work book with reference to the article of the Labor Code of the Russian Federation.

Where are they paid

All due payments for dismissal due to a reduction in the number of employees are made by the former employer. However, in order to receive benefits for the third month, a citizen must contact the employment center and take a certificate confirming the lack of work. The document is submitted to the accounting department, and only after that compensation is calculated for the third month.

Payment for sick leave after reduction is carried out by the Social Insurance Fund.

Pregnant women receive maternity payments through the employment center in accordance with the Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

Unemployment benefit for the second and third month

If you are on a redundant or redundant layoff, then know that you have the right to keep your average earnings for the next two months after the day you were officially fired. This rule is valid until the moment of official employment, but no more than two months after dismissal. Thus, the unemployed person has some guarantees provided for him by the state, in order to provide him with a certain amount of money until he gets a new job.

If an employee, within two weeks after the dismissal, applied for employment at the Employment Center, then he can count on one more month of subsidies from the former employer (in case he did not find a job).

The decision to extend the term is made by the Employment Center, and the payment is made at the expense of the former employer. This kind of additional allowance is maintained until the person officially finds a job (during these 2-3 months). As soon as a citizen finds a new job, payments stop. If a person started a new job in the middle of the month, the previous employer only compensates for unemployed time.

List of documents when paying benefits for the third month:

1. The decision of the employment authority.
2. Employment book (where there will be no work records at present).
3. The passport.

If you do not find a job within 30 days after the dismissal or fall ill, the organization will be required to pay sick leave.

Reduction payments, if you need to dismiss staff ahead of schedule

In all cases, the employer is obliged to notify the employee about the upcoming reduction at least two months before the dismissal (part 2 of article 180 of the Labor Code of the Russian Federation). During these two months, the employee must continue to work. However, the parties may agree that the employee will leave earlier. allows you to do this. In this case, the employee is entitled to additional compensation. It is paid to the employee, regardless of the payments provided for in Article 178 of the Labor Code, upon dismissal due to a reduction in the number of employees.

Additional compensation for early termination labor relations is designed to compensate the employee for the loss of earnings that he could have received by continuing to work until the date of dismissal specified in the notice.

The amount of additional compensation for early termination of employment is not limited to two months of average earnings, but depends on the actual length of the period between the actual date of termination of the employment contract and the date of dismissal indicated in the notice issued to the employee.

Additional compensation payment upon reduction is calculated by the formula:

The average daily wage for this case is calculated by dividing the amount of allowable payments actually accrued for the billing period by the number of days actually worked during this period (paragraphs 2 and 3, clause 8 of the Regulation on average earnings).

What to do if the employer does not pay severance pay

If an employee is not receiving benefits after a layoff is made, they can file a complaint:

• to the labor inspectorate;
• to the prosecutor's office;
• to the judicial authority.

Initially, an employee can file an application with the labor inspectorate or the prosecutor's office. They will appoint an inspection of the employer, and when the fact of violation is confirmed, they will impose an administrative fine and an order to pay the debt. If this does not help, and the payment will not be made, then you can collect documents for the court.

A claim against an organization must be filed at its location. The exact address can be found in the extract from the Unified State Register of Legal Entities. The court will not consider the application if it is executed incorrectly, and also does not contain all the necessary documents.

Payment for legal costs in disputes in the field labor law the employee is not charged.

Employer's responsibility

If the organization does not pay severance pay upon dismissal, then it can be held administratively or criminally liable. Which one will come depends on the length of the delay.

If immediately, upon the onset of the payment day, the employer did not pay the employee, then administrative liability arises for violation labor law.

It includes:

• fine for executive, or an entrepreneur 1-5 thousand rubles;
• a fine for the organization of 30-50 thousand rubles.

If this kind of violation is not committed for the first time, then the penalties increase:

• a fine for an official or an entrepreneur of 10-20 thousand rubles;
• a fine for the organization of 50-70 thousand rubles.

Administrative punishment may be imposed by the labor inspectorate or the prosecutor's office based on the results of the audit.

Criminal liability will come with a delay of 2 months:

• in case of partial non-payment for a period of 3 months or more, liability arises from a fine of up to 120 thousand rubles, to imprisonment for up to 1 year;
• in case of complete non-payment for a period of 2 months or more, liability arises from a fine of up to 500 thousand rubles to imprisonment for up to 3 years.

A period of 2 months, along with intent in case of non-payment of benefits, is the main difference between criminal liability and administrative.

Summing up

Reduction of staff requires the employer to comply with the procedure specified by law. Employees who have been made redundant should transfer all necessary cash payments and compensations on the day of dismissal. There are vulnerable categories of workers whom the law protects from layoffs.

When the employer commits illegal actions (for example, in the absence of due payments or illegal dismissal) the employee has the right to apply to the court.