Reduction is a forced reduction in the number of jobs during reorganization or complete elimination enterprises. Calculating payments due to dismissed employees has its own characteristics. Let's look at how the average salary during a layoff is calculated to calculate payments upon dismissal in general and using a specific example.
Basic conditions for cash payments
Employees dismissed due to staff reduction must receive all monetary payments due to them (Article 140 of the Labor Code (LC) of the Russian Federation):
- severance pay(Article 178 of the Labor Code of the Russian Federation);
- benefits for the period of employment for a 2-month period (including severance pay), sometimes, at the request of the employment service - and for the third month of job search;
- unpaid wages;
- compensation for unused vacation periods;
- other payments provided for by the collective and individual labor agreement.
It is worth noting that all of the listed accruals, except for the allowance paid for the second and third months of job search, must be issued to the resigning employee on his last day of work in this organization.
In calculating the listed payments, one of key positions takes such a parameter as average daily earnings. This is the average salary for 1 working day, calculated for a certain period of time, i.e. for a specific billing period. The organization's accounting department calculates the average earnings per day in special document according to the T-61 form.
Additional Information
According to Article 180 of the Labor Code of the Russian Federation, the manager must inform employees about the reduction of staff or the complete liquidation of the organization two to three months before the start of the procedure. It is necessary to familiarize employees with the new staffing table and notify each employee of the dismissal no later than two calendar months before the layoff. It is also possible to find a compromise solution through negotiations. For example, an employee may quit earlier, without working out the last two months, which is stipulated in Article 180 of the Labor Code.
The calculation period for making accruals in the event of dismissal of an employee due to layoff is 1 calendar year to the month in which the reduction occurs. There is one exception: if the dismissal is carried out on the last day of the month, then this month is the final month in the billing period. (Rostrud Letter No. 2184-6-1 dated October 22, 2010).
For example, if an employee is fired on May 31, 2017, then the calculation period in this case will be the period from June 1, 2016 to May 31, 2017.
If, from the moment the citizen enters this workplace and less than 12 months pass before his dismissal due to staff reduction, then this actual time worked is taken as the calculation period.
Calculation of average daily earnings
Average earnings are not only the salary itself, but also various allowances, additional payments, bonuses and other sums of money paid to the employee (Regulations approved by Decree of the Government of the Russian Federation No. 922 of December 24, 2007, clause 2).
When calculating, the total amount does not include cash payments from the social plan and others that do not depend on earnings (clause 3 of Decree of the Government of the Russian Federation No. 922 of December 24, 2007):
- sick leave payments;
- vacation accruals;
- travel expenses, etc.
The formula for calculating average daily earnings is quite simple and consists of one mathematical operation.
X = Y / Z, where:
— X is the employee’s average earnings for 1 day,
— Y – the amount of payments to the employee during the billing period,
— Z – number of days worked during the billing period.
Let us explain the calculation formula using an example: gr. Ivanova was fired on May 31, 2017, for the billing period from June 1, 2016 to May 31, 2017, she received 360 thousand rubles, including 10 thousand rubles in payment sick leave for 10 days of incapacity for work. It is necessary to calculate the size of her average daily earnings.
Average daily earnings is an amount expressed in monetary terms and commensurate with the employee’s daily earnings. It is considered the average salary of an employee for a work shift - the usual 8 hours or, less often, 7 (with a full working 5 or 6-day week).
Let's carry out the calculations:
- amount of payments, excluding sick leave payment = 360,000 – 10,000 = 350,000 (rubles);
- number of working days in the billing period: 247 days of working days in the specified period minus 10 days of incapacity for work, for a total of 237 days the gr. Ivanov a year before dismissal;
- final calculation of average daily earnings gr. Ivanova: 350,000 rubles / 237 days = 1,476.79 rubles.
Calculation of cash payments upon dismissal due to reduction
The list of payments due to an employee dismissed due to staff reduction is given at the beginning of this article. Let's analyze how to calculate the average monthly salary and other payments to a resigning employee.
Some facts
The average salary is assigned to an employee for no more than 2 months after his dismissal. From this amount you need to subtract severance pay, which is paid separately. This time is given to the fired person so that he can find a new job. As an exception, the average salary can be issued to the employee for one more month (the third). This happens when an employee does not have time to register at the labor exchange within 14 days after dismissal and they could not find a job (according to Article 178 of the Labor Code).
Calculation of severance pay
Severance pay is financial support from a former employer while a dismissed employee is looking for a new job. The formula for calculating severance pay in case of staff reduction was approved by Government Decree No. 922 of December 24, 2007 (clause 9). Determining the amount of severance pay directly depends on the estimated average daily earnings.
Here is the calculation formula:
A = X x B, where:
— A – the amount of severance pay;
— X is the estimated value of the average daily earnings, the formula is given in the previous subsection of the article;
— B – number of days in the month following the date of dismissal. This value depends on the work schedule of the enterprise in a particular month.
Let's analyze the calculation of severance pay using the example of the previous section about gr. Ivanova: 1,476.79 rubles of average earnings per day x 20 working days in June 2017 = 29,535.80 rubles.
Finding out the average monthly earnings
This is an average value wages for 1 calendar month. The calculation period for calculating average monthly earnings upon dismissal due to reduction is 1 year before the month of dismissal.
Consider the calculation formula:
C = (D1 + D2 + … + D12) / 12, where:
— C – average monthly earnings,
— D1 ... D12 – monthly salary,
— 12 is the number of months in a calendar year.
The organization and the employee have the right to terminate the employment contract on any day if the requirements are met labor legislation. Let's find out what to do.
It is worth noting that the calculated value may be lower than the officially approved minimum size wages (minimum wage) on a specific date of dismissal. This situation involves equating average salary specific employee to the minimum wage level.
Example: let's calculate the average monthly earnings gr. Ivanova, whose initial data are given in the first section of this article. 350,000 rubles / 12 months = 29,166.67 rubles, this is the average salary of a gr. Ivanova per month.
Details about calculating average daily earnings
Compensation for unused vacation
When an employee is dismissed due to redundancy, the employer is obliged to pay him compensation for the unused vacation period. If at the time of dismissal the working year has not yet ended, then only part of the vacation accrual is subject to payment.
For example, if an employee worked only 6 months of the working year, then the employer is obliged to pay only half of the vacation accruals. Let us recall that a working year is a period equal to 12 months from the date of employment of a citizen in a given workplace.
Formula for calculating compensation for unused vacation period:
E = X x F, where:
— E – compensation for unused days vacations;
— X – average daily earnings, the calculation formula is given in the first section of this article;
— F – number of unused vacation days.
Let's consider the calculation of compensation using the example of dismissal due to job reduction. Ivanova, the source data for the example is given at the beginning of the article:
1476.79 rubles of average daily earnings x 14 days of unused vacation = 20675.06 rubles.
These are the payments due to Mr. Ivanova, in the event of her dismissal due to staff reduction.
We are ready to answer any questions you may have - ask them in the comments
Payments upon layoffstates are called upon to financially support a dismissed employee during the period of his employment. It is not very easy to independently figure out what exactly is owed to the employee in such a situation, what the amount of payments is, and also in what time frame they are provided. We will discuss these issues in more detail in this article.
What payments are provided upon dismissal due to staff reduction?
In today's unstable economic situation, there are often cases when employers are forced to reduce staff. This could be 1-2 employees or tens, hundreds of people (for example, during the liquidation of an organization). The procedure and procedure for calculating payments are the same, regardless of the number of employees who were laid off. The issues of providing guarantees and compensation to citizens who have been laid off at work are regulated by Art. 180 part 3 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ.
First of all, it is necessary to note the payments that are due to workers upon dismissal in the general order; no one exempts the employer from these payments. These include:
- salary not yet received for the last month of work;
- compensation for vacation that the employee did not use for any reason.
IMPORTANT! About the upcoming reduction in the workforce of workers should employer (an order is issued in writing for the enterprise, and all employees are introduced to it against signature) at least 2 months before dismissal. It is assumed that during this period of time the employee who has been laid off will be able to find a new job.
There are also compensation payments (regulated by Article 178 Part 3 of the Labor Code of the Russian Federation), which should help a citizen laid off due to redundancy to provide for himself while he is looking for new job. This:
- severance pay (calculated by the worker’s average earnings);
- payment in the amount of the average salary for the period while the citizen is not employed, but no more than 2 months from the date of his layoff.
Terms of payments when laying off an employee
Let's consider in order when payments are made during layoffs. On the day of actual termination of the contract with the employee, wages and compensation for vacation that is not used are calculated based on the total amount. The payment procedure here remains the same as in a normal calculation upon dismissal of an employee.
In addition, on the day of layoffs, severance pay is paid, since this benefit is guaranteed and does not depend on whether the dismissed employee is employed by another employer or not.
After 1 month from the date of dismissal of the employee, no payments are made. After two months have passed from the date of dismissal of the worker, if he has not found a job, upon his written application, the employer makes a payment in the amount of the average salary of the dismissed person. When paying such compensation, compensation already paid (severance pay) is taken into account.
Payment of severance pay in case of staff reduction
As stated above, severance pay is calculated from the worker’s salary (the average value is taken). It cannot be less than the average monthly salary. A collective or, for example, a regular employment contract with an employee may provide for a different amount - in the direction of increasing severance pay. Then the laid-off employee will receive exactly this benefit.
Important: payment of severance pay does not relieve the employer from paying bonuses and other incentive payments due to the employee, if they were provided for in the contract.
You should keep in mind some special cases when redundancy payments are calculated differently or are not paid at all. So, when the payment is calculated when laying off a worker who worked in seasonal work, the average salary is taken for a period of 2 weeks, not 2 months (Article 296, Part 4 of the Labor Code of the Russian Federation). Workers who have entered into a fixed-term employment contract for no more than 2 months do not receive severance pay (Article 292, Part 4 of the Labor Code of the Russian Federation). Part-time employees who have been laid off due to staff reduction (Article 287, Part 4 of the Labor Code of the Russian Federation) have the right to receive severance pay on an equal basis with others, but are deprived of benefits in the amount of the average salary for the period of employment with another employer (while maintaining their main place of work ).
The employer and employee can agree on more early layoffs than 2 months. In this case, in addition to the main compensation payments, additional payments are made to the employee who has been laid off. Additional compensation is calculated in proportion to the time that the employee did not work before the generally assigned deadline, also based on the average salary. Other required benefits (severance and for the period of placement with another employer) are also paid.
Payment of average earnings for the period of employment with a new employer
Situations often arise when, 2 months after being laid off from a previous job, a worker has not found a new employer. In this case, as stated earlier, he is entitled to a benefit in the amount of the average salary for the period of job search (but not more than 2 months), this guarantee is provided by Art. 178 part 3 TKRF.
However, it happens that a new job was found in the middle of the month, how to calculate the payment? IN in this case the redundancy payment is calculated in proportion to the time spent searching. That is, if an employee was employed by a new employer on the 7th, then the average payment will be calculated for the 6 days of the month during which he was still looking for work.
There is an exception, and the average monthly payment (by decision of the employment service) can be extended for another 1 month (i.e. to the 3rd) if the conditions are met:
- the redundant employee was registered with the employment authorities within 2 weeks from the date of dismissal;
- within 3 months the employment authorities did not find him a job.
So, we have looked at what payments are due when an employee is laid off, be it a reduction in the number of employees or staff, or the liquidation of an enterprise. The problem of layoffs at work will not be so acute for you if you receive all the required payments in full.
If your boss warned you that layoffs are coming in your company or enterprise, how much compensation can you expect?
What compensation should you receive if you are laid off in 2018-2019?
In the current situation of general economic fever, it is easy to remain on the street without work. This can happen for several reasons:
- the enterprise is completely liquidated;
- reduce the number of employees at the enterprise;
- inadequacy for the position held;
- and some other reasons.
Reduction of employees
Downsizing is one of the common reasons for leaving. Contract of employment is broken at the initiative of the employer, and the employee finds himself without work. How much should an employee be paid upon layoff if this was due to the fault of the employer:
- severance pay is paid;
- compensation for unused vacation days;
- other financial debts (salaries, bonuses, etc.).
The employee must sign an official document notifying him of the day of his dismissal. The employer provides such a notification paper to the employee no later than two months before the final payment.
The employee receives compensation for vacation and other financial debts in last days work at the enterprise.
Severance pay is paid slightly differently than salary or vacation compensation. For the first time 30 days after dismissal former employee is obliged to receive the average monthly salary, in the second month the amount will be calculated differently: the number of working days is multiplied by the average earnings for one day.
If during this period you have not found a new job, then additional payment for the third month is possible. In cases specified separately, and only with confirmation from the Employment Center.
You may have found work during the period for which you are supposed to be compensated. In order not to lose compensation from your former company, come to an agreement with your current employer - temporarily do not register officially.
What does the payment amount depend on?
How can you figure out how much your business owes you? How much should former employers pay? So, you should receive the following cash payments:
- The amount of compensated leave depends on the amount of accrued vacation pay.
- Additional 13th salary - if it is customary for the company to pay the 13th salary, you are paid, and it takes into account the fact that you have been working for more than 12 months.
- Severance pay for the first 30 days after dismissal due to reduction is paid based on the average monthly salary.
- The next amount is paid after the second month after the reduction. The former employee must show a work record book, which is proof that he was not hired and supplemented with a statement about payment of his average earnings for the period of employment, taking into account the money already paid. In total, the severance pay is equal to two salaries.
If former employee got a job after the due date for payments had expired, then the money is counted for those days on which he has not yet worked.
If the third month has passed and you have not yet found a suitable job, you may be paid extra if:
- you registered with the employment service and did so within 12 days from the date of dismissal;
- during the period while you were registered, the employment service did not find you a job.
If all conditions have been met, then after the third month the former employee presents former employer notification from the Employment Center, on the basis of which he is obliged to pay the average monthly salary based on the period while he did not work (due to reduction).
What if you are laid off early?
There are various situations in which the employer and employee agree on early dismissal when reducing staff. In this case, the law provides for the payment of additional compensation for the time that the employee could work and receive wages before the actual reduction.
Additional compensation is calculated using the formula: the number of working days, starting from the next day after dismissal until the day that was announced as the day of dismissal in the notice of staff reduction, is multiplied by the average daily earnings.
An employee may receive such additional compensation for the difference between the actual period of dismissal and the period announced in the notice.
Who gets laid off?
- Pregnant women and women on maternity leave for up to 3 years;
- single mothers with a child under 14 years of age;
- single mothers with a disabled child under 18 years of age;
- fathers or guardians with orphans under 14 years of age;
In addition, the employer retains the right to employ specialists at its own discretion. In this case, with equal opportunities, the following categories have priority:
- specialists with two or more children or dependents;
- employees who are the sole breadwinners in the family;
- disabled people and combat veterans;
- employees who constantly improve their qualification level.
All these points must be documented in the collective labor agreement of the enterprise.
Transfer to another job
In addition to the fact that the employer is obliged to notify about the reduction two months before dismissal, he is obliged to offer another position. This is a notification of transfer to a vacant position at the appropriate level. If such a place is not available, the employer is obliged to offer the employee a lower-ranking vacant position that corresponds to his qualifications, education, work experience and health status.
Further developments may be as follows:
- the employee agrees to the proposed position, and the company completes the transfer procedure;
- the employee does not agree, the company issues a written refusal;
- the employee is familiar with the list of vacant positions and refuses them in writing, the company draws up an act in this regard;
If the company cannot provide the employee with the corresponding vacant position, he draws up a certificate of impossibility of transfer.
The economic crisis in our country has led to high prices and staff reductions everywhere.
It is known that upon dismissal, employees have the right to payments for the period labor activity, but in certain cases various compensations and benefits are also provided.
Upon termination labor contract due to the liquidation of an enterprise (), or a reduction in the number of employees of the company (Article 81, paragraph 2, part 1 of the Labor Code of the Russian Federation), the dismissed citizen is paid a reduction benefit in the amount of the average salary.
They also keep the average monthly salary for the duration of employment, but from the date of dismissal no more than two months (including redundancy benefits).
In case of delay, the employee has the right to compensate:
- unpaid sick leave;
- moral injury;
- unused or unpaid vacation.
When an employee applies to the judicial authorities, he may receive interest for delayed wages and compensation for legal services.
What period is included in the calculation?
The amounts of redundancy benefits and average earnings during employment must be calculated in accordance with the provisions of Article 139 of the Labor Code of the Russian Federation.
To calculate compensation, you need to determine the start and end dates of the month for which the benefit (average earnings) is paid, find the number of days (hours) of work for the specified month to be paid, calculate the amount of the average daily (hourly) salary, and then find the amount of the benefit for reduction.
The calculation is made for a period equal to 12 months before the period for which the employment contract is terminated.
Payments to consider
Payments due to employees who have been laid off include:
- Severance pay, which is paid one-time during dismissal, should be at the level of the average official salary. If the employment contract states that redundancy benefits must be paid in an increased amount, then the employer must make such a payment.
- Social assistance based on the average salary, which is retained by the citizen for the period of searching for a new job.
Social assistance in some cases can be extended for another month, but such a decision is made by the employment authorities. A citizen must contact the employment authorities within two weeks, which includes both working days and weekends, starting from the date following the date of dismissal.
The payments include the amounts of remuneration stipulated in the second paragraph of the Regulations on the specifics of the procedure for calculating the average salary.
At the same time, when calculating the reduction benefits and average earnings, compensation is not accepted.
They take into account those payments that are characteristic of wages (salaries), and which are recognized as such by Article 129 of the Labor Code of the Russian Federation.
Salary includes payment for work depending on the employee’s qualifications, quality, complexity, quantity and working conditions. This also includes compensation and incentive payments (bonuses, additional payments and allowances and other incentives).
Compensation is considered to be monetary payments established for the purpose of reimbursing employees for costs associated with the performance of labor or other duties determined by the Labor Code of the Russian Federation and other regulations ().
Thus, monetary compensation for vacation is classified as compensation payments, and therefore it is not taken into account when calculating average earnings. In addition, you need to know that compensation is accrued on the day the employee is dismissed, which means it is not included in the payments taken into account for the calculation period.
You should pay attention to the following point.
According to the Labor Code of the Russian Federation, if an employee falls ill within thirty days from the date of dismissal due to reduction, then he can contact former leader for additional payment due to “temporary disability”.
The employee must be notified of layoffs due to the closure of the enterprise two calendar months before the date of liquidation of the company. In this case, the employee has the right to resign earlier, but financial assistance is not provided, or wait until the enterprise is liquidated and receive payment.
If the boss dismisses an employee before the liquidation of the company, then he is entitled to compensation in larger size(this also includes a one-time payment equal to the average salary for the period from the date of dismissal until the termination of the organization’s activities).
The redundancy payment and all compensation due to it are paid on the day the citizen is dismissed.
Taxation of severance pay
Payments for layoffs of employees are classified as guaranteed payments (Article 178 of the Labor Code of the Russian Federation). Personal income tax is not paid on this payment (Article 217, Clause 3 of the Tax Code of the Russian Federation).
By tax accounting severance pay reduces the base (taxable) for the enterprise profit tax as part of salary expenses (Article 255, paragraph 9 of the Tax Code of the Russian Federation). Also, these payments are not subject to insurance premiums.
In accounting, redundancy allowance is an expense for ordinary activities (PBU 10/99 clause 5). The accrual of redundancy benefits to an employee is reflected in the following entry: D 20 (25, 23.26, 29, 44) K 70.
How is severance pay calculated in the event of a layoff?
The redundancy benefit is calculated using the formula:
- Severance pay = Number of working days (hours) in 1 month. after dismissal (from the day following the day of dismissal) × Average days. (hourly) earnings.
A reduction benefit in the amount of average monthly earnings is considered the minimum limit. If during the calculation period the employee has fully worked the standard time, then his average monthly earnings should not be less than 1 minimum wage. This minimum is set for wages. If an employee’s working hours are recorded by day, the average daily earnings are determined as follows:
- Average day earnings = the employee's earnings for the days he worked in the calculation period: the number of days actually worked during the calculation period.
Benefit payment procedure
- For the first month, the payment is made together with the payment upon dismissal.
- For the second month, payment is possible only upon presentation of a work book proving that during this time the citizen did not find a new place of work. An employed employee is paid only for the time when he did not have a job.
- Payments for the third month are possible only if the citizen has not found a new place of work and is registered with the Employment Center. Such payments are made only with a certificate from the Employment Center. After three months, payments are made only if the citizen worked in the Far North. To receive average earnings for 3 months of employment, you must present work book and a copy of a certificate from the employment service about registration as a person in need of employment and that the employee is specific date was not employed.
Calculation example
An employee of the enterprise was fired “due to staff reduction” on December 12, 2010. This day is considered the employee’s last working day.The employee worked a five-day work week.
The time worked during the calculation period accounts for 205 working days, and the amount of payments taken into account when calculating average earnings for the calculation period amounted to 150,700 rubles.
Average earnings are calculated for the calculation period from December 1, 2009 to November 30, 2010 (unless the collective agreement and (or) local regulations indicate the use of a different calculation period).
What compensation is provided for dismissal due to staff reduction? What is the procedure for laying off employees? Is it possible to lay off pregnant women and pensioners? We will answer these and many other questions in this article.
In order to survive during the financial crisis, or to get out of the difficult financial situation of the company with minimal losses, the management of the organization may decide to reduce staff - abolishing staff positions or reducing the number of employees. It is very important for the employer to know all the intricacies of this difficult procedure, because the slightest violation in its implementation can lead to litigation with laid-off employees, and most importantly, to the loss of the company’s positive reputation. Cases of dismissal due to reduction are among the most difficult among all judicial labor disputes, due to the massive scale of such dismissals.
This article will help workers avoid the “tricks” of unscrupulous bosses and learn about their legal rights And due payments when laying off, and also decide under which article it is more convenient and profitable to resign.
Provisions of the Labor Code of the Russian Federation on dismissal due to reduction
All issues of staff reduction are regulated by the Labor Code of the Russian Federation. It states that legal layoffs must be carried out taking into account the following requirements:
1) The fact of dismissal due to reduction must have documentary evidence in the form staffing table, salary sheets, payroll, etc. It is not allowed to replace a reduced position with an alternative one: with a similar nature and scope of duties performed.
2) Before laying off an employee, he must be offered other available vacancies, taking into account the employee’s qualifications and health status.
3) The employer must take into account the list of persons whose dismissal is unacceptable, and also comply with the provisions of the Law on the preferential right to remain at work (Article 179 of the Labor Code of the Russian Federation).
4) Each employee must be notified individually about the planned reduction and dismissal, no later than 2 months before the date of reduction, as well as the elected trade union organization.
5) On the last working day, a final settlement is made with the laid-off employee and a work book is issued.
7) According to Art. 178 of the Labor Code of the Russian Federation, the employee is given severance pay and other payments are made, which you will learn about below.
Step-by-step instructions for redundancy dismissal
Compensation, payments, benefits: what is an employee entitled to when staffing is reduced?
In addition to the “standard” payments (payment of wages and compensation for unused vacations), a laid-off employee is entitled to additional payments:
- Payments of average earnings for the period of searching for a new job, not exceeding 2 months from the date of dismissal (and at the discretion of the employment service - up to 3 months).
- Severance pay in the amount of average earnings (Article 178 of the Labor Code of the Russian Federation), with a reduction in the number of seasonal workers - 2 weeks of average earnings (Article 296 of the Labor Code of the Russian Federation). Employment contract may provide for a larger benefit.
- Additional compensation in the amount of 2 average salaries.
At the same time, it is not allowed to withhold funds for unworked vacation days “taken in advance.”
So, the total amount of redundancy payments is quite significant. Therefore, some employers, in order to save money, “persuad” or “force” an employee to resign due to own initiative, or by agreement of the parties.
(Indeed, notifying an employee of a layoff does not preclude his dismissal for other reasons).
How can an employee act competently in a situation of “pressure” in order, on the one hand, to avoid an open conflict with the employer, and on the other hand, not to end up “losing”? And what are the fundamental differences in the consequences of each of the three types of dismissal?
Dismissal by agreement of the parties or by layoff, which is better?
An employee should know: by writing such a statement, he signs a “verdict” for himself and deprives himself of all payments due in the event of a reduction in staff.
But there is one important nuance: it all depends on the wording of the statement. If an employee draws up a statement as follows: “I ask you to dismiss me due to the reduction of my position before the expiration of the notice period for dismissal,” then the dismissal will take place under Art. 81 of the Labor Code of the Russian Federation, with a guarantee of all payments. However, such dismissal is permissible only with the approval of the employer.
Who cannot be fired due to staff reduction?
The employer does not have the right to dismiss due to staff reduction:
- temporarily disabled;
- employees on leave (including student leave and without pay);
- women with children under 3 years of age; single parents with a child under 14 years of age or a disabled child under 18 years of age;
- members of trade unions, etc.
Can a pregnant woman be fired due to staff reduction? Pregnant women and women on maternity leave cannot be fired on this basis.
If an employee belonging to one of the “untouchable” categories has been laid off, his reinstatement in judicial procedure occurs in “automatic” mode.
Priorities of employees during layoffs
During the downsizing process, not all employees are on equal footing with regard to the risk of being fired. Employees with higher labor productivity and qualifications are given preferential right to remain at work. All other things being equal, the following employees have priority:
- persons who are the only “breadwinners” in the family;
- employees who were injured in this organization or professional disease;
- employees who improve their qualifications in the direction of the employer;
- family persons - if there are 2 or more dependents.
In addition to the categories specified in the Labor Code, the advantage when leaving a job upon dismissal due to staff reduction is determined federal laws other employees:
- military spouses;
- authors of inventions;
- discharged from military service;
- disabled people of the Second World War and combat operations;
- victims of radiation, etc.
Internal collective agreements may also provide for categories of workers with the advantage of remaining at work.
Compliance with the rights of these categories of employees must be documented: by drawing up a summary Comparison Table or other document.
Dismissal due to staff reduction of pensioners: payments and features
Reaching retirement age is not only not a reason for priority reduction, but according to the provisions of Art. 179 of the Labor Code of the Russian Federation, may be an advantage due to the high productivity and qualifications of the employee.
When staffing is reduced, the dismissal of pensioners is ensured by all the guarantees and payments provided for in Art. 178 Labor Code of the Russian Federation. Other interpretations of legislative norms contradict the requirement of equal rights for workers (Part 1, Article 2 of the Labor Code of the Russian Federation) and the prohibition of discrimination in the sphere of labor (Article 3 of the Labor Code of the Russian Federation).
The material was prepared by order of the law firm "Dominium"