26.08.2022

Reduction of employee benefits under the labor code. What payments are due to an employee in case of staff reduction? Notifying employees about layoffs

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Payments upon layoff

Attention! When it happens illegal dismissal, then the legislator protects the interests of the employee:

• the employee must be notified 60 days before dismissal that his employment contract is being terminated, so that the citizen can begin searching for a new place of employment;
• the employer must provide the employee financial assistance, which is expressed in some payments after the reduction.

Salary and vacation pay

In 2018, when registering a dismissal due to a reduction in staff, the employee is paid wages for the time actually worked. Wages are the main type of profit for labor, from which all monetary compensation is calculated.

Please note that compensation for unused vacation days upon termination of an employment contract is calculated in the same way as for regular dismissal. Thus, we can say that the calculation of compensation does not depend on the reason for which the employment contract was terminated.

In this case, it is worth applying the norms of Article 127 of the Labor Code of the Russian Federation.

Compensation for unused vacation days = average daily earnings multiplied by the number of unused vacation days.

Please note that in the event of dismissal of an employee who has worked for more than 5.5 months, but less than a year, the number of unused vacation days should be determined using the formula specified in Rostrud Letter No. 164-6-1 dated March 4, 2013.

Number of days of unused vacation = duration annual leave– number of days of vacation used.

Important! If an employee worked for more than 5.5 months and did not take vacation days, then he is entitled to compensation for full vacation.

Severance pay

Severance pay is paid on the day of dismissal in an amount that corresponds to average earnings in accordance with the norms of paragraph 1 of Article 139 of the Labor Code of the Russian Federation. This payment is intended for the employee to ensure his livelihood in the first month after layoff. Moreover, this does not depend on whether the employee got a job or did not get another job - compensation must be made.

Regulations created by the employer may add other compensation payments when staffing is reduced. Local regulations are valid, because there are no restrictions on the establishment of additional payments.

Please note that in the event of bankruptcy proceedings legal entity this obligation is not equivalent wages, and it cannot be classified as current payments (as amended by the appeal decision of the Novosibirsk Regional Court in case No. 33-5471/2017 of June 15, 2017).

Other payments will depend on the employee's employment with another employer.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

For individual categories

The nature and conditions of work may affect compensation payments. Some categories of positions are often faced with a refusal to pay benefits that are due when staffing is reduced.

Although labor legislation protects the rights and interests of the employee:

• pensioner. The citizen who receives pension provision, must be dismissed on the same grounds as other employees, this also applies to payments of various kinds. Discrimination is prohibited by current law, so this should not affect the amount of benefits. Questions always arise regarding the issuance of a third benefit to a short-time pensioner. On the one hand, it must be paid on a general basis, on the other hand, a pensioner cannot receive the status of unemployed, so he is considered socially protected. Although if there are serious reasons, the employment center can prepare a certificate that will serve as the basis for payment of the third benefit;
• part-time worker These persons work for this employer on the same basis as the main employee, therefore, benefits will be issued as for the main employee with one exception - this category of workers will not receive monetary compensation for the second and third months. If the part-time worker quit his main job before his official layoff, which is confirmed by an entry in work book, then he can receive monetary compensation for all these 3 months;
• seasonal workers. This category of employees is notified of layoffs a week in advance. A severance pay they are paid in accordance with Article 296 of the Labor Code of the Russian Federation in the amount of average earnings for 14 days of work. This category does not receive other types of material benefits;
• Resident of the Far North and similar areas. In accordance with labor legislation, this category of workers must receive compensation payments in triple amount. Moreover, it is not necessary to register with the employment authorities. This category most often receives benefits for 4-6 months, but only in case of an application from the employment authorities, if the employee applies there within a month from the date of layoff.

Additional compensation

Severance pay upon dismissal is not the only payment that employees whose employment contract has been terminated due to staff reduction can count on.

Additional financial support may be assigned depending on the situation:

• early dismissal. According to the law, the employee is notified of the reduction of staff two months before the reduction of staff, but in some cases they may require early termination of the employment contract. The Labor Code provides for early termination of an employment contract due to staff reduction, but only by mutual agreement and with compensation. The purpose of compensation is to compensate for lost wages that the employee could have received during the period of continued work. The amount of compensation will depend on the number of days between the expected date of termination of the employment relationship and the actual date. Contract or local normative act may set higher odds for compensation payments in this case. This can have its advantages: receiving additional compensation and increasing the period for finding a new place of employment;
• issuance of additional wages in case of staff reduction. The so-called thirteenth salary, which is most often paid at the end of the year, is the provision of an additional type of bonus. If there is a provision for the payment of the 13th salary in an organization when staffing is reduced, it is issued to employees. The month in which the reduction occurred is not taken into account. A prerequisite in this case will be the presence of work experience with this employer for at least 12 months;
• payment for the period of temporary disability of an individual. A redundant employee can receive payment on a temporary disability certificate if the following requirements are met:
  • the period of illness began before the day of official termination of the employment contract. The amount of payment depends on length of service and average earnings;
  • the certificate of incapacity for work was received within a month after the layoff was made. The benefit in this case will be 60% of the average wage for the last 24 months. If a citizen is registered as unemployed, payment according to sick leave will be equal to unemployment benefits;
  • a certificate of temporary incapacity for work was issued to a woman who is pregnant, and she is officially recognized as unemployed for 12 months after the layoff.
• Please note that payment of a certificate of incapacity for work is not a basis for refusal to issue other payments in connection with staff reduction;
• early retirement. Russian legislation in the field of employment gives a citizen the right to retire early if the following conditions are met:
  • work experience of at least 25 years for males and 20 years for females;
  • the age of an employee dismissed due to staff reduction is only 2 years less than the required retirement age. This rule also applies to individuals who are entitled to a preferential pension;
  • inability to find a job with another employer, confirmed by the employment service;
  • the employee’s consent to early retirement, and payments will come from the budget, but in the event of employment or primary retirement, payments will stop.

Watch the video. Dismissal due to reduction. Compensation for dismissal of an employee:

How to receive payments

Reduction of staff positions carried out in accordance with all rules means receiving benefits with complete confidence. The employee should carefully read the documents that he wants to sign, and do not forget about the current labor legislation so that there is no violation of rights.

Decor

The current legislation provides clarification not only about the calculations, but about how they should be made and when. Remember that full payment to the employee occurs on the last day of work. You must first take care of submitting a bypass sheet, confirming the absence of debt to the organization.

In order to receive compensation payments for 2-3 months, which are required by law to be paid, the employee should contact the employer for payment of the required amounts at the end of the month in which the reduction was made.

If the employee is not employed by the new employer, the employee in this case must provide confirmation that he was not employed, for example, a certificate from the employment service or a work book. After this simple procedure, the accounting employee begins to process the payment. If the documents are not provided, you can forget about payment.

ATTENTION! Look at the completed sample application for severance pay after layoff:

Where is it paid?

Payments to an employee dismissed due to staff reduction are paid only by the employer who terminated the employment contract with him.

If an employee cannot find a job within 2 months, then the former employer is obliged to compensate him for this time, but do not forget that for this you need to contact the accounting department for payments with the necessary documents.

If an employee remains without a new job for the third month, it is also worth contacting former employer with a certificate from the employment service.

What is the time frame for calculations?

Not all redundancy payments must be issued on the same day:

• On the day of dismissal, the final payment is made to the employee, namely:
  • salary;
  • compensation payments for unused vacation days;
  • benefits for the first month (does not depend on the employee’s employment).
• after 1 month from the date of reduction, no payments are made;
• after the end of 2 months, if there is evidence that the employee did not find a job during this time, the employer is obliged to pay the average salary for the period of his employment, taking into account the paid Money(Article 178 of the Labor Code of the Russian Federation);
• if the employee found a new job 1.5 months after the layoff, the benefit is calculated in proportion to the period without employment of the employee;
• after 3 months. The third month is paid according to the average earnings at the time of getting a job only if, within two weeks from the date of termination of the employment contract, the employee is registered as unemployed and within 3 months has not found a new job with the help of the employment service.

Sometimes a situation occurs when an employee is fired due to staff reduction. The company's management has the right to do this, however, it is necessary to know all the nuances in order to carry out the procedure according to the law, what compensation payments are due to such an employee and who does not have the right to fire.

Initially, it is necessary to clarify that the employer must announce dismissal to the employee due to staff reduction at the enterprise no less than two calendar months before this date. Moreover, notification must be in writing and the employee must sign for familiarization. If this is not done, he has the right to be reinstated in his position by law. Afterwards, the company must offer the employee a new vacancy corresponding to his specialty, if any.

After this period, the relationship between employer and employee is terminated. labor Relations and payments due for staff reduction are drawn up in the form of benefits, which is his average monthly salary. This benefit is paid until the employee finds a new job, but no more than within two months from the date of dismissal.

Let's take a closer look at the correct procedure for registering an employee's dismissal and what payments are due upon layoffs.

Dismissal procedure in 2019

This procedure is strictly regulated by law and must occur in a strictly sequential order.

Initially, an order is drawn up for the enterprise to reduce staff. Then it happens official notification to the employee or employees about dismissal and offering them another vacancy (if available). After this, it is imperative to notify the trade union and the employment service. At the end of two months, it is necessary to dismiss the employee and pay him benefits.

An order to reduce staff has nothing to do with an order to dismiss. This is the starting point, after which the manager has the right to begin the process of reduction, notification of employees, etc. There is no approved form for such an order, however, it must indicate the date of the upcoming reduction, positions that are planned to be reduced and changes in the staffing table.

After issuing this order, it is necessary to notify the employee or employees whose positions are subject to reduction, but not less than two months in advance. It is issued in writing separately for each employee, in which they are required to sign for receipt. In the notice there must be a date the proposed dismissal, its reason and the offer of other vacancies suitable for the employee according to his specialty, if any.

An important nuance - if at the time of notifying an employee about a reduction in staff there are no suitable vacancies for him, but such vacancies subsequently appear until the day of dismissal, the company is obliged to offer them to the employee. The employee has the right to agree to the offer new position or refuse it.

If the enterprise has a trade union, the employer must notify him of the layoff even those employees who are not members of it, at least two months before the date of dismissal. If for any reason there is a threat of mass layoffs, this period is increased to three months. The same rules exist for reporting planned staff reductions to the employment service.

Upon immediate dismissal of an employee an entry is made in the work book that the employment contract was terminated due to a reduction in the organization’s staff on the basis of clause 2, part 1, article 81 of the Labor Code of the Russian Federation.

And now, in more detail, what payments are due to an employee upon layoff.

Entitled payments

According to the Labor Code of the Russian Federation (Article 178), an employee who has lost his position due to staff reduction at the enterprise is entitled to a benefit equal to his average monthly earnings. He must receive this benefit no later than six days from the date of dismissal. In addition, on the day of dismissal the employee is obliged to receive all back wages and compensation behind unused vacation.

Within two weeks from the date of dismissal, former employee has the right to contact the employment service to look for a new place, and if he does not find a suitable vacancy, the company is obliged to pay him another compensation, also equal to the average monthly income. The decision on re-payment of benefits is made by the employment service. An employee has the right to receive such payments for no more than two months from the date of dismissal and only if he has not found a suitable vacancy with the help of the employment service or on his own.

Let’s summarize what payments he is entitled to when an employee is laid off and within what time frame.

1. Full repayment of all debts on wages and unused vacation no later than the day of dismissal.
2. Severance pay, which is equal to the average monthly income (no later than six days from the date of dismissal).
3. Average earnings for the period of employment within two months from the date of dismissal (only if you contact the employment service and there is no suitable vacancy).

There are cases of agreement between the parties when an employee can be dismissed before the expiration of two months after his notice and with his written consent. In such a situation, the employee additional monetary compensation is paid in the amount of average monthly earnings, calculated in proportion to the days remaining before dismissal. This compensation is an additional payment and does not cancel other benefits provided under the Labor Code.

Sometimes special cases arise when an employee refuses to move to another position, but cannot occupy the current one due to:

• reinstatement to the position of an employee who previously held it (for example, returning from maternity leave or a court decision);
• refusal to move to another city where the position is being transferred;
• conscription of an employee into the army;
• changes in the employment contract and its terms;
• recognition of an employee as incapable of work.

In this situation, he also falls under layoff and is entitled to a two-week average earnings.

How to calculate severance pay in 2019?

The calculation of the average monthly salary to calculate the amount of severance pay required for payment is regulated by the Labor Code of the Russian Federation, namely Article 139. In order to calculate it correctly, it is necessary to clearly define the following data:

• start and end dates of the month for which benefits are paid;
• number of working days (hours at piecework payment) in the month for which compensation is due;
• calculate the average daily earnings (or average hourly earnings).

After receiving all this data, the average monthly earnings are calculated, which is the amount of severance pay. It is subsequently the required compensation paid to the employee within two months if he does not find a new job.

When calculating average monthly earnings, a period of 12 months is taken that preceded the month the employee was dismissed. For the calculation, only those amounts are taken that relate to wages (direct remuneration of the employee) and do not take into account possible compensation that occurred during the calculation period, namely:

• direct salary (rate);
• additional payments for increased qualifications of an employee;
• additional payments for the quality, quantity or complexity of work;
• bonuses and other incentive payments;
• compensatory bonuses and additional payments related directly to labor (related to the employee’s fulfillment of his labor obligations).

Compensations that are not included in the billing period include those that are not related to the work process. This sick pay and compensation for unused vacation, if it was accrued during the period taken for calculation.

The nuances of compensation during the period of employment

In order to receive the average earnings due for the second month of employment, former employee must provide evidence that he still couldn't find new job. The supporting document in this situation will be the work book, the entries in which will show whether he has already found a job or not.

This redundancy payment is compensation former employee for the period of employment, respectively, as soon as he finds a new job under an employment contract, he loses his right to receive it. That is why average monthly earnings are always paid only at the end of each calendar month from the date of dismissal of the employee due to staff reduction. Moreover, if he finds a job in the middle of this period, he has the right to compensation payment for the days that he was in search before he was registered at a new place of work.

Severance pay has nothing to do with this - it is compensation for loss of work and is paid even if the dismissed employee finds a job the very next day.

Legislative aspects

When dismissing employees due to staff reduction, there are a number of legislative subtleties and nuances that must be known and observed so that no claims can arise against the employer.

According to Article 261 of the Labor Code of the Russian Federation A woman cannot be laid off, expecting a child. Even if she works on the basis of a fixed-term employment contract, after providing a medical certificate, the employer is obliged to extend her contract. The only legal option for reduction in this case is if she held the position of another employee due to his temporary absence, and there is no possibility of transferring her to another vacancy.

They also do not have the right to fire a woman who has children under three years old, a single mother raising a child under fourteen years old, or a disabled child under eighteen years old due to layoffs.

Teachers and other education workers do not have the right to be fired due to layoffs before the end of the school year.

When reducing staff, if there is a question of dismissal between several employees, there is a moment of pre-emptive right. It is primarily possessed by employees who have higher qualifications or labor productivity. If there are no such indicators or they are equal, then the following have the advantage of remaining in the position:

• family workers who are the sole breadwinners.
• family workers who support two or more dependents.
• employees who received an occupational disease or work injury at this place of work.
• employees who improve their qualifications for their position without interruption from work.

It is also worth remembering that compensation payments for layoffs to an employee working part-time are not due, since he has a main place of work.

If an employee is laid off after working in the organization for less than six months, he are still required to pay compensation for unused vacation.

By agreement of the parties, the employer may dismiss an employee without notice two months in advance, while retaining all compensation payments, but only with the written consent of the latter. If such an agreement is not reached between the parties, the reduction procedure occurs as usual.

Going to court

If an employer, when reducing staff, violates the rights of a dismissed employee, the latter always has the right to go to court. Submission deadline statement of claim is thirty calendar days from the date of dismissal (receipt of a copy of the order or work book).

Unfortunately, there are facts when an employer, wanting to save money and taking advantage of the employee’s ignorance of the labor code, violates the law and forces the employee to write a statement on at will, occur quite often. That's why you need to know your rights and not be afraid to defend them in court. If the court finds such dismissal illegal, the employer will be obliged to reissue the documents and pay all due compensation, or it is possible to reinstate him in his position with payment for forced absence.

Optimizing the number of employees and staffing units of an enterprise, or staff reduction, is a procedure that requires compliance with many labor laws. It is carried out in several stages:

• making a decision on reduction and issuing a corresponding order;
• notifying employees affected by layoffs while offering them alternative positions;
• notification trade union organization(if the enterprise has one) and the territorial division of the employment service;
• direct dismissal of employees.

Issuance of an order

Download the order form

An order to reduce staff has nothing to do with an order to dismiss. These are two completely different documents. The form of the order to carry out organizational staff activities is not approved by law, but it must indicate the date of the upcoming termination of employment contracts and the list of positions subject to reduction.

Employee Notification

Employees must be notified of the upcoming dismissal no later than 2 months before the date for which it is scheduled by order. The notice is given to each employee personally against signature

As a rule, the same document provides a list vacant positions, which the dismissed employee can borrow if desired.

IMPORTANT!By virtue of Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to offer employees alternative positions as they are released until the date of dismissal. In this case, it is allowed to offer not only equivalent or superior positions, but also lower-level positions. The main thing is that the working conditions correspond to the health status of the employee.

The employee’s task upon receiving the notification is to express his attitude towards the proposed position. If you agree, a transfer will follow; if you refuse, you will be dismissed in accordance with clause 2, part 1, art. 81 Labor Code of the Russian Federation.

Union Notice

Information about all employees subject to dismissal, including those who are not members, is sent to the trade union. Both the union and the employment service must be notified at the same time as the employees, that is, 2 months before the start of the layoff.

Who is not at risk of being fired due to staff reduction?

In the case of dismissal due to reduction, the principle of fairness is fully observed. According to Art. 180 of the Labor Code of the Russian Federation, first of all, the most qualified employees, whose level of labor productivity is higher than others, remain at work.

Don't know your rights?

All other things being equal, preference is given to employees with 2 or more dependents (children or other disabled relatives), disabled people during the Second World War and combat, and employees who received an illness or injury during the course of work.

IMPORTANT! The Labor Code of the Russian Federation is not the only source that establishes advantages when remaining at work. For example, according to Federal law dated May 15, 1991 No. 1244-1 “On social protection citizens exposed to radiation as a result of the disaster Chernobyl nuclear power plant“Chernobyl victims enjoy a similar right. Moreover, it applies both to the liquidators of the accident and to ordinary citizens who received a dose of radiation.

In addition, for individual categories The law provides employees with “immunity” from dismissal for organizational reasons. By virtue of Art. 261 of the Labor Code of the Russian Federation are recognized as such:

• pregnant women;
• mothers of children under 3 years of age;
• single mothers raising children under 14 years of age or disabled children under 18 years of age;
• fathers (other persons) raising a child without a mother;
• the only breadwinners in a family with a child under 3 years old or with 3 or more children under 18 years old.

Mandatory payments upon dismissal due to staff reduction (payments upon staff reduction)

Employees dismissed due to staff reduction, as well as for other reasons, have the right to count on full payment of wages and compensation for unused vacation days.

The procedure for calculating and providing payments is general. Everything that is due to the employee is, in accordance with Art. 140 of the Labor Code of the Russian Federation must be received on the day of dismissal or, if for some reason this is impossible (for example, due to the employee’s absence from work or due to a day off), on the next day or on the first working day after the date of dismissal.

Compensation for dismissal due to staff reduction (payment of benefits)

Besides mandatory payments, provided to absolutely all dismissed employees, those who were laid off are entitled to severance pay. Its size in accordance with Art. 178 of the Labor Code of the Russian Federation is equal to the amount of 1 average monthly salary.

Moreover, the average monthly salary is paid to the employee even after dismissal - until the next employment, but no longer than 2 months.

IMPORTANT! In exceptional cases, the law allows payment of earnings for the 3rd month following dismissal, but only if a mandatory condition is met: if the laid-off employee applied to the labor exchange within 2 weeks from the date of dismissal, but due to objective reasons was not employed.

Additional compensation upon dismissal due to reduction

By virtue of Part 3 of Art. 180 of the Labor Code of the Russian Federation, the employer has the right to dismiss an employee for organizational events ahead of schedule, that is, before the date on which, in accordance with the order to reduce staff, the start of dismissal is scheduled. However, this is possible only with the consent of the employee himself, expressed in writing.

In this case, the employee is entitled to additional monetary compensation, the amount of which is equal to the average salary for the period remaining before the official date of dismissal.

IMPORTANT! The assignment of additional compensation does not cancel the provision of severance pay and other payments due to a laid-off employee by law.

For an example of payments for early dismissal due to staff reduction, see

According to the Labor Code of the Russian Federation, employees are guaranteed redundancy payments. This means that the employer cannot get away with compensation for layoffs In the organisation. If the dismissal is made precisely due to a reduction in the organization’s staff, and not by agreement of the parties, for example, then the employee has the right to demand redundancy allowance his position, and the employer is obliged to pay it.

In what order is it paid? severance pay in case of layoff? When is it produced? calculation for reduction?

How is it calculated severance pay in case of staff reduction? How much is paid? severance pay seasonal workers? What is the procedure for payments for layoffs to employees in the Far North?

You can read a separate article about the order itself, but here we’ll talk specifically about redundancy payments, which you have the right to count on.

In what order is severance pay paid in the event of a layoff?

Redundancy benefit in the amount of one average salary, you, as a dismissed employee, must receive on the day of dismissal along with wages and compensation for unused vacation. This is a reduction payment for the first month of unemployment.

For example, you are fired on April 22, 2013. All payments must be made on this day. If you are laid off, you receive compensation for the first month of unemployment: from April 23 to May 22.

If you have not been paid wages or compensation for vacation or severance pay upon dismissal, then you need to go to court. Do not wait! Don't miss out! You have only 3 months from the date of dismissal to go to court. As stated in separate article. Contact us, your interests will be protected. Expenses for legal services we will recover from the employer!

According to labor code You have the right get average earnings and for the second month, if you don’t find a job. In our example, the second month of unemployment begins on May 23 and ends on June 22. Second redundancy compensation you can receive after June 22nd. To do this, you need to provide the employer with a work book that contains no records of a new job.

You also have the right to receive average earnings for part of the second month. For example, you get a job on June 10th. You should be paid benefits for the period of unemployment from May 23 to June 9. To do this, you will only need to provide a copy of your work record, certified by the new employer after the date of employment.

You may retain the right to average earnings and for the third month of unemployment, but only if you contact the employment service within 14 days after dismissal and you will not be employed. Since you do not know in advance how long you will be looking for a new job, I advise you to contact the employment service during this period in order to be able to receive compensation in the event of a layoff and for the third month.

In our example, the third benefit must be applied for after July 22, that is, after 3 months after dismissal. In this case, you will need to provide the employer not only with your work book, but also with a certificate from the employment service.

For part of the third month, you also have the right to receive compensation. If you get a job, for example, on July 1, then the benefit must be paid for the period from June 23 to July 1. Then, instead of the original work book, you must bring a copy certified by the new employer. An entry in the work book must have already been made by the employer so that it can be seen on what date you started work.

How is severance pay paid to seasonal workers?

For seasonal employees, severance pay upon layoff is paid in the amount of two weeks' average earnings. And the employer has no obligation to pay benefits for subsequent periods of unemployment (Article 296 of the Labor Code of the Russian Federation).

How is severance pay paid to employees in the Far North?

Employees of the Far North regions have the right to benefits if they are reduced in staff within 3 months without contacting the employment service and during the fourth, fifth, sixth months if they contact the employment service within a month after dismissal (Article 318 of the Labor Code of the Russian Federation).

How is severance pay calculated in case of staff reduction? Who pays the benefit?

Severance pay is calculated and paid by employers with whom the employment contract has been terminated.

Individual entrepreneurs may not pay the benefit, since the amount of severance pay is established by the employment contract concluded with him. There are no instructions for severance pay, they may not pay anything (Article 307 of the Labor Code of the Russian Federation)

Severance pay is calculated using the following formula:

Average daily earnings per working day * number of working days in the period for which benefits are calculated.

Average daily earnings are calculated per working day, not per calendar day. What is taken into account to calculate average earnings, how to find out the average if there was no earnings, read in a separate section.

To calculate average earnings, you need to take 12 months' salary. up to the month of dismissal without taking into account vacation pay, sick leave and divide by the number of working days in these months according to production calendar. Days falling on vacation and sick leave are not taken into account, since the employee did not work.

The number of working days in the period for which severance pay is paid is determined according to the production calendar. The fewer working days in a month, the more days off, the less severance pay. Benefits for different months may be unequal.

For example, for the period from April 23 to May 22 there are only 17 working days, and from May 23 to June 22 there are 21 working days, respectively, the benefit for the first month in our example will be significantly less.

No income tax is withheld from severance payments.

That, in general, is all that concerns severance pay during layoffs. Remember that the second and subsequent average earnings are not paid automatically. To do this, you need to write an application to the employer and provide him with documents confirming your unemployment.

If he doesn’t pay, we’ll go to court. The deadline for going to court in case of non-payment of benefits is 3 months from the day you learned about the violation of your right.

Legal assistance and representation in court.

St. Petersburg: lawyer for labor disputes Rumyantseva Valentina Yurievna

Payments for staff reductions: 2 main reasons for layoffs + 7 categories of workers who need to be least afraid of dismissal + 3 types of payments + 5 useful tips.

Reduction of staff is an unpleasant procedure both for employers and for the employees themselves.

But sometimes you have to take such unpopular measures in order to save your business, extend the life of a state-owned company and get the opportunity to get back on its feet.

The minds of employees who have learned that they will soon lose their jobs are worried about redundancy payments.

How much money can you get and will it be enough until you find a job again.

In principle, it will be enough, but only on condition that your search does not drag on for many years or you do not squander the entire amount in one evening with friends in a nightclub.

Staff reduction: what is it and what payments can you expect?

Typically, the most common reasons for staff reduction are two:

1. Financial problems that lead to the need to fire some employees in order to save money and save the company.
2. Reorganization of an enterprise, for example, a merger of two companies occurs or production is moved to another city.

There may be other reasons, for example, mechanization of the production process. Remember from history lesson the riots and sabotage of factory workers when the owners began installing equipment and abandoning manual labor?

Now, of course, most production is already mechanized, but the improvement processes at good enterprises never stop.

Whatever the reason for the reduction in staff, it is very unpleasant for those who are on the “black” list.

If management plans mass layoffs, it must issue an order in writing:

This type of order is drawn up without mentioning the names of employees who are subject to reduction. This is most likely a paper that informs that changes are coming to the company and not everyone will survive “troubled times” in their workplace.

Of course, the release of such a document will lead to unrest among the staff. Everyone will begin to think about what exactly to expect: job security or a dismissal order.

• irreplaceable specialists who have made a great contribution to the development of the company;
• long-lived workers (with the exception of pensioners, who are usually the first to be laid off);
• mothers on maternity leave (they can be fired only when the company ceases its activities altogether);
• those who are sole breadwinner in the family (this is provided that you are a good worker and your bosses have a conscience);
• those who received an occupational injury at this place of work;
• combatants;
• inventors, strategists, rationalization proposals etc.

Everyone else should worry. You won’t have to worry for long, because soon management should issue the following orders to each of the employees who were laid off:

Such an order is drawn up two months before the upcoming dismissal.

Each of the specialists who was familiar with such an order drawn up in their name can count on cash receipts.

What types of redundancy payments are there and are they taxable?

There are three main types of cash payments that workers who have been laid off can count on.

Redundancy payment No. 1: severance pay.

In Article 178 of the Labor Code of the Russian Federation you can find information about to whom and in what amount:

If you are laid off, you will definitely receive such benefits.

Its amount will not be the same for different categories workers and it depends on:

Your official salary.

Let's say you get 20,000 rubles, and your boss gets 40,000 rubles. Now you both have been laid off, which means that the amount of severance pay for you will be 20,000 rubles, for the boss - 40,000 rubles.

Employment contract.

Sometimes in employment contract indicates the amount of severance pay for an employee if he is laid off without reference to his salary.

If you signed an agreement stating that your payment will be 30,000 rubles, then that is what you will receive. And your salary of 70,000 rubles will not affect anything.

Redundancy payment No. 2: wages.

We are not talking about the standard wage that you should receive for the period you worked, but about wages as part of the payments that are due to people who have been laid off.

You will be paid for 2 months from the date of dismissal.

Did you receive 15,000 rubles a month? This means that you will receive 30,000 rubles in your hands.

It is important to remember that you can count on a longer period of cash receipts if you register with the employment service within two weeks after your dismissal from your previous place of work, rather than immediately rushing to look for a new job.

If the employment service cannot find you a job within two months, then you will also receive assistance from the state.

So, forced idleness has its advantages.

Redundancy payment No. 3: additional remuneration.

Additional remuneration is the money you receive in addition to your salary for the last 2 months and severance pay.

There are three types of such additional payments:

№	Name	Explanation
1.	Compensation for unused vacation	If you did not manage to take annual compulsory leave over the past period, then you can receive monetary compensation for it. Payments will be the same as previous vacation pay.
2.	Benefit for illness or injury	If you were sick or injured in the last 30 days before leaving your job, you should receive benefits from your employer. You will receive money only if you have taken out official sick leave and regularly paid into the social insurance fund.
3.	Bonus from a good boss	This payment cannot be called mandatory, because it depends only on the goodwill of your superiors. If you have a kind and fair employer, and you were an excellent employee, you can receive a farewell bonus.

Taxation of payments upon staff reduction

You can often hear the question of whether the amount that an employee who is laid off without his consent will be taxed?

There are two answers to this question:

Your finances are not subject to taxes.

This happens if your severance pay is no more than the average monthly salary you received in this company.

This often happens when, wanting to save money, an employer specifies a small amount of severance pay in an employment contract and pays it in an envelope. Another reason why you will receive all the money in your hands tax-free is the early termination of the contract that the employer entered into with you.

Funds are subject to standard taxes.

Who can and who cannot count on redundancy payments?

I don’t know whether you will be surprised or not, but the fact remains: not every person can count on financial assistance when contracting.

Sometimes the workers themselves are to blame for the fact that they have to leave for a new job without a penny in their pocket.

1. Payments for staff reductions and labor legislation

According to the labor legislation of the Russian Federation, cash payments must necessarily be accompanied by a reduction in staffing levels in the company.

But we know that not all employers comply with labor laws. Sometimes they need to be reminded that you, as an employee, have rights that cannot be violated.

1. Be sure to get it documentary confirmation that you are being fired precisely because of redundancy: demand an order drawn up in writing by management.
2. Do not agree to a compromise (“Let you leave of your own free will”), otherwise you will not see the money you are entitled to. If they want, let them cut it.
3. Make sure in advance that you are officially employed, otherwise you will not be able to prove that you worked here, which means you are entitled to payments.
4. Receiving severance payments is yours legal right, which must be protected by all means, including legal proceedings.
5. Don’t argue with your boss if you are on the black list, but the employer is ready to pay you severance pay. The situation is vital and should be perceived as new opportunities, not punishment. If you scream and demand special treatment, you may end up without additional bonuses, which some employers offer to their employees.

And in general, you need to say goodbye to any team and management as a human being, and not in a state of euphoria from the fact that you no longer work here, make a scandal and row.

Think better about the fact that the manager whom you manage to annoy before you leave can easily ruin your reputation and certainly will not give his positive recommendations.

Dismissal due to staff reduction. Algorithm of actions.

What payments are due upon redundancy? False compensation.

2. “Where is my redundancy payment?”

Inga worked as one of 6 bowling club administrators.

While the owner was just promoting the business, he arranged for all his employees to earn the minimum wage.

Later, when the club became popular in the city, he offered all employees to receive a “white” salary.

Some agreed, some refused. Among those who refused was Inga, who did not want to pay taxes to the state.

3 years have passed. The bowling club has changed owners, who decided to reorganize the newly acquired business.

Some workers were laid off, Inga was among them.

Those who received a “white” salary received normal payments. Inga received her minimum wage in the amount of 7.8 thousand rubles.

Outraged: “Why did Anya get paid 50,000 rubles, and me only 20,000?!”, she heard in response: “Because there was no need to be such a fool and agree to legal employment.”

So, sometimes the desire to deceive the state boomerangs painfully.

But Inga received at least something, but if you are not officially employed at all, then you will not receive any redundancy payments. Your employer will wave goodbye to you and send you off with empty pockets to look for a new job.