Redundancy is a dismissal in connection with the liquidation of the workplace, taking place according to certain rules. This procedure is significantly different from the simple termination of an employment contract, which unequivocally treats the labor code. Redundancy occurs when an organization has to switch to a saving mode, for example, when changing management or changing activities.
Regardless of the reasons for the reduction in staff, there are a number of articles in the labor legislation that protect the rights of employees who have been reduced. To begin with, the employee must be notified about the termination of the employment relationship with him at least two months before the forthcoming dismissal. This time is necessary for a person to start looking for a suitable job.
Reducing the staff is also selective. The advantage should be employees who have underage children, those who alone contain the whole family, single mothers, spouses of military personnel. If a woman is in position, then it generally can not be cut, you can only spend flowers on maternity leave.
At the end of two months, when the employee is dismissed, a corresponding entry is made to the work record book. And the abbreviated employee must receive the payments due to him. These include: salary for the last month, compensation for unused vacation, severance pay in the amount of average monthly earnings. Payments, other than wages, are not taxed. That is, a person must receive an amount for accrual. If the employee has not worked enough, he will only be paid for the period worked. If the employee is sick within 30 days of being laid off, his former employer also pays his sick leave. It happens that a former employee can not find a job that meets his qualifications - he is given another average monthly salary. If a person after a fixed period goes to the labor exchange, he gets a benefit of 70% of his salary. There are several nuances: a worker can be offered a different place or position with a lower salary. If the refusal payments will be several times less.
But where did you see the leaders who would comply with the labor legislation and legally formalize the dismissal of the staff reduction officer? To begin with, the official salary in 80% of cases is minimal. Therefore, in the event of any situations, payments will be made from the calculation of "white" wages. The same applies to unemployment benefits. You should not hope for more. But many even feel sorry for this, so they force employees to write a statement of their own free will. In this case, everyone understands that there will be no payments. How to act in this situation?
If you are a simple worker who works in a large enterprise and has fallen under staff reduction, it makes sense to file a complaint with the labor dispute commission. From large enterprises it is easier to knock out at least some money. If the firm is small or it is a private entrepreneur, you can go to court. But it is worth remembering that a court can be won only if the firm has not declared itself bankrupt. Otherwise, as practice shows, the case is useless. But even in the case of success, one hundred percent interest should not be hoped for.