Redundancy: payments. Severance severance pay

To optimize the number of employees in the enterprise, employers use such a tool as staff reduction. Payments received by mercenaries during and after the termination of the contract, materially provide them during subsequent employment. In order to avoid violation of workers' rights, it is important to accurately calculate the amount of funds transferred. This article will help to properly organize staff reductions to the head of the company, and employees - to protect their interests.

The concept of

During the crisis, a significant reorganization of activities, liquidation and bankruptcy, the company is forced to change the number of employees. Formally, this procedure is called "staff reduction". Payments, which a dismissed employee may claim, are designed to protect workers' rights, to provide them for the period of subsequent employment. The employer can not refuse to the reduced person in the provision of such funds - incorrect calculation of the amount or reluctance to fulfill his duties for the financial support of mercenaries can cause the latter to apply to the court.

Despite the provision of severance pay and wages by the authorities, the reduction of certain persons is prohibited. This applies to socially vulnerable groups of people who face certain difficulties during their employment.

Causes

The laws of the Russian Federation do not require the employer to have clear justifications for making staff cuts. Payments that employees receive in this way of terminating the employment contract protect their rights and maintain their financial position.

According to the court practice, the employer is allowed to reorganize the state structure, the activity schedule, select personnel, change the number of employees at their own discretion. Thus, it can improve the efficiency of production, make the company's management more efficient and rational. An obligatory condition in this case is the impossibility of violating the rights of employees provided for by the Russian TC.

Stages of reduction

The reduction in the number of employees is carried out according to certain rules:

1. The employer issues an order to change the number of employees or staffing. The document should include information on the positions subject to reduction, the time of termination of the contract and the persons responsible for the process of excluding employees.
2. Compilation and delivery of notices to mercenaries, where all necessary information about the dismissal procedure should be indicated. At the same time, the transfer of the document to the employee must take place no later than 2 months before the date of exclusion. At the same time, the latter must leave a signature confirming that he is familiar with the text of the notice.
3. A reduced person should be offered a different position if the employer or other companies with whom he has signed the collective agreement have vacant seats suitable for the qualification officer. This stage is mandatory, since in the event of non-fulfillment of this condition, termination of the contract is considered illegal.
4. A few months before the dismissal process, you need to inform the Employment Center and the union about the planned reduction. For CZ, it is necessary to draw up a notification, which should include the following information: positions and requirements for employees, terms of payment for their activities.
5. Further, the employer is obliged to issue orders for the dismissal of certain employees who fell under the reduction of staff. Payments must be served before the end of the deadlines provided for by the laws of the Russian Federation. The mercenaries receive a work record with the corresponding entry.

In what cases is the reduction impossible?

With some groups of people to break the contract in the process of changing the number of employees in the state is impossible. These include:

• Employees staying at the time of reduction on vacation;
• Mercenaries, who are recognized as disabled for the duration of their dismissal;
• pregnant women;
• Mothers of children under the age of three;
• Women who single-handedly raise a child under 14 or a disabled person under 18;
• Citizens who are stretching the above-mentioned children who do not have a mother.

Pre-emptive right to stay at work

Before sending a notification to the employee, it is necessary to find out whether he is included in the category of persons who can remain in their place in the first place. Similar competition occurs when several people in a similar position are at risk of contraction. In this case, those who possess the highest qualification and productivity have the advantage. If the employees of these indicators are equal, then, first of all, the position remains:

• An employee who is dependent on two or more disabled family members;
• Employee, the only one in his family who receives income;
• Invalids of the Second World War and military operations in defense of the Fatherland;
• Mercenaries who are currently upgrading their qualifications;
• Persons who were mutilated during their tenure.

When there is a reduction in staff (the payments have not yet been transferred), the dismissed workers can provide evidence that they had higher qualifications or productivity of labor, which would lead to the termination of the contract as illegal.

Members of the trade union

Dismissal with staff reduction, payment of earnings and severance pay is possible, regardless of whether the union has given its consent. This does not apply to cases when employees with whom employers want to terminate a contract are members of its collegial bodies and structural subdivisions (shop level and above), combining this activity with the main place of work.

In such cases it is necessary to obtain permission from the union to dismiss these persons. If the employer has reduced such an employee without allowing the organization, a person can return to the position by applying to the court.

Features of the reduction of some persons

The voluntary dismissal of an employee who has not reached the age of 18 years is not permitted by the legislation of the Russian Federation. To terminate the employment contract with such persons, it is necessary to obtain an agreement from the commission on the affairs of minors and the labor inspectorate. As an exception, there are cases when the company is liquidated, or the entrepreneur stops working, completely firing the entire team.

When there is a reduction in staff, payments to retirees have some characteristics. The procedure for dismissal does not change and is carried out on general grounds, that is, they do not always have the right to benefits when saving space. However, there are some differences with regard to the payment for the reduction of the staff of this category. If a pensioner is on time to apply to the employment service, he can receive funds for not two, but three months.

Execution of documents

During the change in the number of mercenaries, the head of the organization should prepare the following papers:

• Order to reduce;
• Notification for employment center and trade union;
• Alerts to employees.

Documents can not be signed by other people, except as an employer, unless he delegated the appropriate authority to a third party. In this case, it is necessary to confirm his right to dismiss employees by power of attorney or other documents. However, according to the existing rules, payments with staff reduction (2015-2016) can be made by an accountant or other person.

The contract can be terminated two months after the employee is notified. With the consent of the employee, early dismissal is possible with a reduction in staff. Payments are made not later than the due date. This period is different for different types of security. Mercenaries are entitled to receive copies of all the above documents.

Termination allowance

Payments to reduce the staff of employees include severance pay. The amount of this amount can not be less than the average earnings of a mercenary during a month of labor. Nevertheless, recently described payments can be increased if in the employment contract, for example, the situation in which staff reduction occurs is separately specified.

Payment of severance pay is made immediately after the termination of the contract. For the correct calculation of the amount, the employer must use the relevant provision approved by the government (No. 922).

On what other payments with staff reduction 2015-2016 gg. Can be claimed

For a person who falls under the reduction of staff, payments also include earnings for the period of employment. This period can last no more than two or, in some cases, three months. Some groups of individuals may apply for an increase in the period of issuance of funds, applied within two weeks from the date of dismissal to the employment center.

Immediately after the termination of the contract, there is a payment of a reduction in staff and earnings for the period of employment for the next month. The next 60 days a person is looking for a new job. Only after this period, he can apply to the authorities to receive wages for the second month of employment. If, for example, a person takes a new position in a week, it receives funds only for the period mentioned. In the event that a person has received a permit for three months of employment, after this period he must take a certificate from the employment center and provide it to the employer.

Personal Income Tax and Unified Social Tax

According to the Tax Code, the payment of the state reduction benefit is not subject to personal income tax and unified social tax. This also applies to the wages that a mercenary receives for two or three months at the time of employment.

Nevertheless, this does not apply to all funds transferred to a person who falls under the reduction of staff. TC RF (payment of severance pay, article 178) provides for the possibility of increasing the amount of the amount received. In this case, additional funds and compensations are taxable.

Other payments

Often, consultants, talking about what kind of payments in the reduction of staff have the right to receive workers, forget about the funds that employees can claim, regardless of the reason for the termination of the contract. These include salary and compensation for unused vacation days.

This amount is calculated individually, in proportion to the worked-out period. On average, the employee is entitled to 28 days of leave per year. A person can receive a refund for every day of rest, which he did not use. Also, the employee receives wages for the entire period of his work.

If a person is dismissed ahead of time (before the expiration of 2 months after receiving the notice), he can find out from the employer what payments he has incurred in reducing his staff as compensation.

Re-introduction of posts

There are cases when employers deliberately declare cuts to dismiss an employee without the existence of justifications provided for by the laws of the Russian Federation. In such cases, they remove the post, and then reintroduce it by hiring another person. Such actions are considered illegal and can be challenged in court, and the reduction is declared fictitious. To protect themselves, employers do not enter the relevant post in the schedule for three months, but for certainty it is advisable to wait a longer period.