today quite relevant topic concerning layoffs and downsizing.A large number of people every day loses his job, while a few are aware of the legal framework of labor legislation, and not all are familiar with the basic norms of the Labor Code.
So, downsizing - one of the grounds for cancellation of the employment contract, which implies a decrease in the number of staff positions with respect to a particular office or complete exclusion from the state of their posts.
downsizing obliges the employer to produce each of the dismissed employees the full payment.
entitlements provided while reducing the labor legislation of the Russian Federation.They include:
full payment of wages
For each fire employees (regardless of the reasons for dismissal), made the final payment of wages.With the reduction of staff relies preservation of average salary for the period of job search, but this period shall not exceed two months from the date of dismissal.With a few exceptions, payments while reducing retained by dismissed employees to three months, provided that within fourteen days after the dismissal dismissed appealed to the employment service, but for reasons beyond his control, was not employed.
accrual of severance pay
Severance pay - the amount of financial assistance required for further employment, which are charged as a result of the dismissal of an employee, without his fault.Cancellations labor agreement in connection with the staff reduction, employees who are laid off, it is believed the accrual of severance pay.According to the established norms of TC, its size should be equal to the size of the average wage to dismiss.
Accrued while reducing the state in the amount of fourteen average earnings relies employee in the event that an employment contract terminated by reason of:
- refusal to transfer to another position (due to medical contraindications or due to lack of suitable vacant seats);
- refusal to transfer to the enterprise (organization), located in a different area, together with the employer;
- call personnel in military or alternative service;
- reinstatement of rights, previously performed the work;
- recognition of disabled worker (in the presence of an appropriate medical certificate);
- refusal by an employee of the proposed work in connection with significant changes in the content of the employment contract;
- other cases, provided the content of employment or collective agreement.
For seasonal employees, or employees who work in the Far North, while reducing the size of the payment is equal to the average monthly earnings of maintaining up to three months, however, the employment service is competent to extend the period to six months.
Other payments while reducing
The above payments at redundancy are not exhaustive.Accrual of other monetary compensation relies:
- if there had to lay off employees unused vacation;
- if the employment contract has been terminated in time, not reaching two months from the date of notification (the employer is obliged to make the employee a cash payment in the amount of the average wage, which is calculated in proportion to the working time up to the end of the term of notice).
After receiving the final payment, as well as after the issuance of work record card and other personal documents employee who was laid off further questions of employment decides only with the employment service.
