Grounds and procedure for dismissal of employees

Grounds and procedure for dismissal of employees. Benefits and compensation for laid-off workers

The decision to reduce the number or staff of employees, as a rule, is made in connection with a decrease in production volumes, a decline in demand for manufactured products (services rendered, work performed) in the market, increased competition, inappropriateness of certain types of activities for a number of reasons, etc. To correct In this situation, the founders (participants) of the organization, the body authorized by the constituent documents, the individual entrepreneur may decide to carry out organizational and staff measures that provide for a reduction in the number of employees, liquidation of individual structural divisions.

The constituent documents of the organization may provide for a different procedure for making such a decision. So, often the sole executive body (head of the organization) is vested with the right to make a decision on holding organizational and staff events, but subject to the agreement of such a decision with the founders (participants) or a collegial body authorized by the constituent documents.

The authority to make such a decision may remain with the founders (participants) or the body authorized by the constituent documents. In this case, the head of the organization, in pursuance of the decision made, issues an order for the main activity, which lists specific organizational and staff activities, and also appoints the performers responsible for their implementation (mainly employees of the personnel service, the department of remuneration and labor organization). Actually, these performers are obliged to ensure compliance with the requirements of the law.

The release of employees from enterprises, institutions, organizations, in connection with their liquidation, the implementation of measures to reduce the number or staff is carried out in accordance with Art. 40 Labor Code of the Russian Federation. Employees are warned personally about the upcoming release on receipt at least two months in advance. The administration of enterprises, institutions, organizations in a timely manner, at least three months in advance, submits information to the relevant trade union body about the possible mass dismissal of workers. Simultaneously with a warning about dismissal due to a reduction in the number or staff, the administration offers the employee another job at the same enterprise, institution, organization.

When employees are released due to a reduction in the number or staff, the priority right to remain at work is granted in accordance with Art. 34 of the Labor Code and the collective agreement.

The employee has the right to choose a new place of work by direct application to other enterprises, institutions, organizations or through the free intermediary of the employment service.

The administration, no later than two months in advance, is obliged to bring to the attention of the local employment service agency data on the upcoming release of each individual employee, indicating his profession, specialty, qualifications and wages.

Employees released from enterprises, institutions, organizations upon termination of the employment contract (contract) in connection with the implementation of measures to reduce the number or staff:

1) severance pay is paid in the amount of the average monthly salary;

2) the average salary for the period of employment is maintained, but not more than two months from the date of dismissal, taking into account the payment of severance pay;

3) the average salary is maintained for the period of employment, as an exception, and during the third month from the date of dismissal by decision of the employment agency, provided that the employee applied to this agency in advance (within two weeks after dismissal) and was not employed by him.

The payment of the monthly severance pay and retained average earnings is made at the previous place of work. The specified employees retain uninterrupted seniority, if the break in work after dismissal did not exceed three months.

During the reorganization and liquidation of enterprises, institutions, organizations, for the period of employment, but not more than three months, the laid-off workers are retained the average salary, taking into account the monthly severance pay and continuous work experience.

The released employees are also provided with other benefits and compensations in accordance with the law.