Calculation of payments for early dismissal due to staff reduction: examples of compensation calculation. What additional compensation is due to the employee in case of reduction or dismissal? Calculation of compensation for early dismissal in case of reduction

The right to pay compensation is due if the contract is terminated earlier than the period specified in the notice of reduction.

The calculation is based on the average earnings for each day. The employee may himself express a desire to dismiss, or the employer may sign a written agreement with him to terminate the contract.

According to Article 140 of the Labor Code of the Russian Federation, an employee must be compensated for non-vacation leave, salary for the current period and all due benefits upon dismissal.

Labor Code of the Russian Federation, Article 140. Terms of calculation upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

It is important to write the correct wording in the application for early termination of the contract so as not to lose all possible compensation.

If an employee writes a statement of his own free will, he will not receive any payments other than unused vacation.

The application must indicate that the employee agrees to terminate the reduction contract and terminates the employment relationship in accordance with Article 180 of the Labor Code of the Russian Federation with the mandatory payment of benefits.

After the issuance of an official dismissal order, the employee gets acquainted with it and signs it. As a result, the resigning employee will receive the following early termination payments upon staff reduction:

salary for actual working hours;
reimbursement of the amount for unused vacation;
payment of severance pay in case of early reduction at the request of the employee, in the calculation of the average salary for one month;
allowance for two months for employment. In the regions of the Far North, benefits are paid for 3 months at the rate of average earnings in accordance with Article 318 of the Labor Code of the Russian Federation;
Labor Code of the Russian Federation, Article 318. State guarantees to an employee dismissed in connection with the liquidation of an organization or a reduction in the number or staff of employees

An employee who is dismissed from an organization located in the regions of the Far North and equivalent areas in connection with the liquidation of the organization (clause 1 of part one of Article 81 of this Code) or the reduction in the number or staff of employees of the organization (clause 2 of part one of Article 81 of this Code), severance pay is paid in the amount of “average monthly earnings”, and the average monthly earnings for the period of employment are also retained, but not more than three months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the specified employee for the fourth, fifth and sixth months from the date of dismissal by decision of the employment service body, provided that the employee applied to this body within a month after the dismissal and was not employed by him.

The payment of severance pay in the amount of the average monthly earnings and retained average monthly earnings, provided for in parts one and two of this article, is made by the employer at the former place of work at the expense of this employer.
compensation in case of termination of the contract before the term of reduction. Accrued for non-worked days from the date of actual dismissal until the moment of dismissal specified in the notice of redundancy.

Important! For seasonal employees, in case of staff reduction, an allowance is issued in accordance with Article 296 of the Labor Code of the Russian Federation for two weeks. The employer warns about the reduction only in a week. For civil servants, the calculation of compensation is based on the average monthly earnings. It will be equal to three times the size.

Labor Code of the Russian Federation, Article 296. Termination of an employment contract with employees engaged in seasonal work

An employee engaged in seasonal work is obliged to notify the employer in writing of the early termination of the employment contract three calendar days in advance.

The employer is obliged to notify the employee engaged in seasonal work of the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees in writing against signature at least seven calendar days in advance.

Upon termination of an employment contract with an employee engaged in seasonal work due to the liquidation of the organization, reduction in the number or staff of the organization's employees, severance pay is paid in the amount of two weeks of "average earnings".

Early dismissal due to staff reduction: example of payment

Let's consider an example of payment for early dismissal in case of staff reduction at the initiative of the employee.

Accountant Rozova A.A. reported a reduction as of June 1, 2016. She has a monthly salary at the enterprise of 25,000 rubles. She filed a letter of resignation by agreement with the employer from April 20.

To calculate all benefits and compensation for early dismissal during reduction, it is necessary to calculate the average earnings per day.

Reference. Usually the calendar year is taken for calculation.

But there may be other options. They are used if the employee was registered at this enterprise for less than a year or was fired in the month of hiring.

The calculation is made for the year: from April 1, 2015 to March 31, 2016. This period includes - 253 business days.

During this time, the accountant was on sick leave in October 2015 - 5 working days. The salary in October was accrued in the amount of 17,250 rubles.

Important! The days of calculating the average daily earnings do not include the time of disability, weekends, holidays, vacations. Also, sick leave payments and vacation pay are excluded from the total amount for the year.

severance pay

The number of days of work as an accountant for Pink for the selected period will be 253-5=248.

Find the amount earned per year:

25000 rubles * 11 months + 17250 rubles = 292250 rubles

Let's calculate the average earnings per day:

292250 rub. /248 days=1178.43 rubles

We get the amount of severance pay:

RUB 1178.43*22 days=RUB 25925.46

Important! This benefit is not taxable if the amount is less than three times the average salary.

Benefit for the remaining days before the date of dismissal for reduction

The amount of the allowance is calculated as follows: days in April from the moment of signing the dismissal order 21-13 = 8 add up with days in May 19. In total, for 8 + 19 = 27 days, the company must pay compensation.

RUB 1173.09*27 days=RUB 31673.43

Compensation for unused vacation

How is compensation paid for early dismissal in case of reduction in case of unused vacation?

The calculation of the amount of non-vacation leave upon termination of the contract is carried out as follows. We count the number of full months of work. In our example, there are 11 of them. We multiply by the generally accepted coefficient of 29.4 - the average monthly number of days in a month.

We calculate for how many days of non-vacation leave the payment will be made. First you need to calculate the days in October, since this month was not fully worked out:

29.4 / 31 * 26 (calendar days included in the calculation in October) \u003d 24.66 days.

To calculate vacation, the following definition of calendar days is used:

29.4 days*11 months+24.66 days=348.06 days

Average earnings for vacation pay per day of work:

292250 rubles / 348.06 days = 849.42 rubles.

The amount of compensation for unused vacation:

RUB 849.42*28 days=RUB 23783.76

Important! If the vacation was taken as an advance, when reducing its amount, the amount is not recovered from the dismissed employee. With the usual termination of the contract, a deduction is made from the employee.

Salary for the hours worked in the month of dismissal

In April, 13 days were worked, working days this month are 21. The salary for working hours in the month in which the dismissal occurs can be calculated as follows:

25000 rubles / 21 days * 13 days = 15476.19 rubles

Second month for device time

Accrued with a severance pay offset and is a salary for the time of employment. For two months 42 working days:

RUB 1173.09 * 42 days = RUB 49269.78

49269.78 rubles - 25925.46 rubles (the amount of severance pay) \u003d 23344.32 rubles.

Total

The final payment in case of reduction and early dismissal is made up of all calculated amounts:

RUB 25925.46 + RUB 31673.43 + RUB 23783.76 + RUB 15476.19 + RUB 23344.32 = RUB 120203.16

Calculation terms

All compensation obligations rest entirely with the employer. Responsible persons may be brought before the law for reducing the amount of compensation.

Payments of amounts upon termination of the contract occur on time in accordance with Article 140 of the Labor Code on the last day of work at the enterprise. This day is considered the date of dismissal. There may be exceptions when the employee was not actually present at work.

Payments in this situation are made by the accountant on the next day after the demand of the dismissed person. If a compromise with the employer on payments is not found, the employee can file a lawsuit against him.

For the first month, benefits are issued regardless of employment. The second month the employee can receive compensation only if he has not found a job.

In this case, the former employee must register with the Employment Service within 14 days from the date of dismissal.

Payment is made at the enterprise. To prove that a person did not get a job, he provides a work book, where the last entry should be about his dismissal from this enterprise.

Sometimes at the request of the Employment Service compensation can be paid in case of reduction ahead of schedule for the third month in the amount of average earnings.

In this case, the former employee presents his employer with a work book and a certificate from the labor exchange.

When reducing employees, the employer must make all the due payments and make them within a certain time frame.

In case of violation, the former employee can sue the company.

Retrenchment is a situation from which no one is immune. If the relationship between the employee and the employer is officially registered, the procedure is carried out in accordance with the norms of labor legislation, and the dismissed person is entitled to the issuance of special payments upon reduction.

Downsizing payments

In case of forced dismissal, the law protects the rights of a citizen. Firstly, employees need to be notified about the upcoming event 2 months in advance so that they have time to look for a new job. Secondly, the employer is obliged to provide material assistance in the form of certain payments.

Salary and holiday pay

The first thing that is charged to a dismissed person is payment for the hours actually worked, which he did not receive. In some cases, bonuses are issued if this is fixed by local documentation.

If the employee did not use the right to annual leave, basedArt. 127 Labor Code of the Russian Federation. The total amount depends on:

from the duration of the vacation period;
the time elapsed since the last vacation;
wages.

IMPORTANT! Compensation for unused vacation is accrued as for a whole year, if in the year of reduction the citizen worked from 5.5 to 11 months. Regulation is regulated by the recommendation of the Federal Employment and Labor Service dated April 19, 2014.

Both payments will be taxed at 13%.

severance pay

Such financial support is not always provided. Benefit is paid only in cases specified in paragraphs 1 and 2 of Art. 81 of the Labor Code of the Russian Federation.

Its size according to Art. 178 Labor Code of the Russian Federation, corresponds to the average monthly salary, but not lower than the minimum wage. And according to Clause 2 of Art. 217 Tax Code of the Russian Federation 13% exempt. If the employee has not worked in the organization for one year, the amount due is determined taking into account the days actually worked.

IMPORTANT! The employer must pay this compensation to the citizen, even if he has a new job.

Second and third month

Payments for the reduction of an employee in these periods are accrued if he registered for unemployment within two weeks after the termination of the employment contract and, for objective reasons, did not find a job. Compensation is made at the expense of the employer in the amount of the average salary or the established salary.

An employee on a personal initiative is not entitled to claim a third reduction allowance. This can only be done by the Employment Service and only for persons registered with it. The payment for the third month of absence from employment is the last one.

Calculation procedure

The severance pay is calculated in two stages. At the first, the average earnings (Avg) are determined. Art.139 of the Labor Code of the Russian Federation calculation algorithm is set:

Srz =Vrp / Nfact, where:

Vrp- the employee's income for the billing period.

Nfact- actually worked shifts of the employee.

Billing period - 12 months preceding the month of reduction. For example, the dismissal occurred in February 2018, then the time interval from 02/01/2017 to 01/31/2018 will be taken for calculation.

The indicators do not take into account the time spent on vacation or sick leave, as well as their payment.

The second stage - the amount of the severance pay due to the issue is considered.

pout=Srz * Nworking shifts, where

Nworking shifts- the number of working days in 1-3 months after dismissal.

REFERENCE! Wages for an incomplete month are calculated in proportion to the days worked.

Example:

Petrov N.A. worked for the company for 2 years. By official order, it was reduced from 01/01/2017. On January 9, he registered with the employment service. As of April 1, 2017, Petrov remains unemployed.

He worked a standard five-day work week. According to the production calendar for 2016, the number of labor shifts is 247, of which he was on vacation from 01.07 to 28.07. Monthly earnings were constant and amounted to 30,000 rubles.

The procedure for calculating severance pay upon dismissal due to staff reduction:

Actually worked shifts in 2016: 247 - 19 = 228 Srz for the period from 01/01/2016 to 12/31/2016: = 331428.57 / 228 = 1453.63 rubles. January 2017 total: 1453.63 * 17 = 24711.71 February: 1453.63 * 18 = 26165.34 March: 1453.63 * 22 = 31979.86

Severance payment for January is due to Petrov even in the case of employment. If he found a new job in February or March, the compensation would be calculated in proportion to the days of unemployment.

For individual categories

Depending on the nature and conditions of work, the amount of compensation varies. Some categories of employees often face the fact that they are denied severance pay when they make redundancies. However, the provisions of the Labor Code of the Russian Federation stand up to protect their interests.

Pensioners

A person receiving a pension is fired on the same terms as an ordinary employee. The status of a pensioner, position, skill level, length of service and age do not affect the amount of severance pay upon reduction.

The issue of issuing a third benefit to a pensioner is controversial. On the one hand, it is provided on a general basis. On the other hand, a pensioner is considered a socially protected person and cannot be called unemployed. If there are weighty facts, the employment center may issue a certificate, on the basis of which the third payment will be made.

part-time workers

Severance pay upon dismissal is paid in the same manner as for key employees. However, the preservation of the average monthly earnings in the second and third months is no longer provided.

If an employee working in combination quits his main job before the moment of reduction, which is confirmed by an entry in the work book, he has the right to receive payment for these months.

Seasonal worker

A seasonal worker is informed of a planned dismissal 7 days in advance. Severance pay in case of reduction is paid according to Art. 296 of the Labor Code of the Russian Federation in the amount of the average wage for two weeks. Other types of material assistance in this category are not provided.

Residents of the Far North and areas equated to them

Northerners apply for benefits with a reduction in 4-6 months at the request of specialists from the employment service, if they applied there within 30 days after the dismissal.

Additional compensation

The severance pay is not the only financial help for employees due to downsizing. Depending on the situation, additional material support is assigned.

For early termination

Employees are warned about layoffs two months in advance, but sometimes it is required to terminate the employment relationship ahead of schedule. The Code provides for the dismissal to reduce staff ahead of time, but only by agreement of the parties and with the accrual of a compensation payment.

Its purpose is to compensate for lost income for the period in which the employee could continue working. The size directly depends on the number of days between the dates of early and official termination of employment. The contract or other documentation of the organization may establish multiplying factors.

Early reduction has advantages. First, the dismissed employee receives additional compensation. Secondly, the period for finding a new job is increasing.

Payment of the 13th salary in case of reduction

In many organizations, at the end of the year, a special type of bonus is provided - the 13th salary. If the provision on it is officially established, when the employee is reduced, she is also issued. It does not matter in which month the dismissal occurred. A prerequisite is at least one year of work experience in the workplace.

sick pay

The reduced employee is entitled to. Basic conditions:

the citizen fell ill before the official day of dismissal. The amount of the payment depends on the length of service and the average salary;
sick leave received within 30 days after the reduction. The allowance is equal to 60% of the average wage for the last two years. If a citizen is registered with the employment service, it is equivalent to unemployment benefits.
sick leave issued to a pregnant woman officially recognized as unemployed within a year after dismissal.

REFERENCE! Payment of a sick leave is not a basis for refusing to issue other payments for dismissal due to redundancy.

Early retirement

Based Art. 32 Law of the Russian Federation “On Employment in the Russian Federation” dated April 19, 1991, a citizen has the right to apply for an early retirement pension subject to the following conditions:

Insurance (work experience) of at least 25 years for men and 20 years for women.
The age of the employee who fell under the reduction is less than the established retirement age by 2 years. The rule also applies to citizens who are entitled to a preferential pension.
Justified lack of employment opportunities for a new job. Confirmed by the employment center.

Early retirement is assigned only with the consent of the citizen and is paid from the budget. Upon employment or official retirement, payments stop.

How to get paid

A reduction in staff carried out in accordance with all the rules is a guarantee of receiving severance pay. The employee is advised to carefully study all the documents that he signs and familiarize himself with the labor legislation in order to prevent violation of his rights.

Decor

The accounting department of the employer is responsible for the registration and calculation of compensation for reductions and other charges. The allowance is paid on the basis of an order, which indicates its amount and the reason for dismissal. An appropriate entry is made in the work book with reference to article of the Labor Code of the Russian Federation.

Where are they paid

All due payments for dismissal due to a reduction in the number of employees are made by the former employer. However, in order to receive benefits for the third month, a citizen must contact the employment center and take a certificate confirming the lack of work. The document is submitted to the accounting department, and only after that compensation is calculated for the third month.

REFERENCE! Payment for sick leave after reduction is carried out by the Social Insurance Fund.

Pregnant women receive maternity benefits through the employment center in accordance with Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

What are the timeframes for the calculation?

On the last work shift (day of dismissal ), according to Art. 140 of the Labor Code of the Russian Federation, pay: salary with vacation pay and the first allowance. If the employee did not work on that day, payment is made after receiving the request for calculation no later than the next day.

IMPORTANT! If on the day of reduction the employee is absent without a justified reason, the employer has the right to revise the terms of the reduction.

The terms of payment of the second and third severance pay in case of reduction are agreed upon by both parties.

Liability for non-payment

Delay in the issuance of compensation or incorrect accrual (less than prescribed) is considered as a failure to comply with labor law. In this case, the employee must adhere to the following action plan:

Provide against signature a written claim about the violation of their legal rights to the head and to the trade union of the organization.
Write a complaint to Labor Inspectorate on the inaction of the boss or violation of the deadlines for fixing the problem.
Contact the prosecutor's office with a request to check the legality of the actions of the employer.
File a claim with the arbitration court if other instances refuse to consider the case or problems are not found.

If any violations are detected, the employer can be held liable. under Art. 236 of the Labor Code of the Russian Federation.

Severance pay for downsizing - material support for involuntary unemployment. The receipt and procedure for payments are established by labor standards in force in Russia. Along with the mandatory financial assistance, the employee receives money for the hours worked. At the request of the employer, additional compensation is assigned.

Last modified: January 2020

The news of a reduction in the size of the team or the complete liquidation of the enterprise should not take a single employee by surprise. Labor law does not allow the employer to report such "surprises" later than 2 months before the date of separation. However, there are exceptions to each rule, and the Labor Code of the Russian Federation allows you to speed up the process if the employee himself does not object to such a development of events. As compensation for early dismissal upon reduction, the employer is obliged to pay additional compensation in the amount of average earnings for the remaining time.

Normative base

Chapter 27 of the Labor Code lists federal guarantees due to employees upon termination of the contract without their fault or desire. With regard to downsizing, the following apply:

- in terms of the amount of severance pay;
- determines the circle of persons who have preferences when choosing candidates for calculation;
- on the procedure for official notice and early dismissal.

It is necessary to pay special attention to those employees who are subject to Art. 261 of the Labor Code, since it is possible to forcibly part with them only in the event of the complete liquidation of the employer.

How to apply for early redundancy?

The procedure for notifying the termination of an employment relationship due to the need to reduce personnel costs is strictly regulated by Art. 180 TK. Leadership responsibilities include:

advance (at least 2 months) notice of the impending dismissal - the employer must give a written personalized notice;
all-round promotion of new employment - the employee must be offered all available vacancies or positions planned in the future if production is undergoing a reorganization process;
payment of wages, compensation and severance pay no later than the last working day.

The situation with early separation is spelled out in such a way that it is possible to implement it only by agreement of the parties:

if the offer came from the employer, and the employee agreed to it;
if the initiative came from an employee, and the management supported it.

The step-by-step algorithm for such a dismissal looks something like this:

Delivery of a written notice of reduction (the employer can immediately include in its text a proposal for early settlement and its financial conditions).
The offer of available vacancies up to the moment of signing the order to terminate the employment contract.
A counter offer from the employee, if one was not received from his employer immediately, or a written consent to the conditions that were set out in the notice from the management.
Agreeing on a new breakup date.
Preparation of an updated version of the dismissal order and payment.
Filling out labor and payment of settlement.

To receive all additional compensation for early care, the employee needs to correctly write a statement of consent to the employer's message.

View a sample wording of an entry in a labor

An employee must clearly understand that in Art. 180 of the Labor Code, a legislative guarantee is fixed that he will not be dismissed ahead of time at the will of the employer, but it is not the company's obligation to calculate a specialist at any time that suits him.

How to offer an employee early dismissal?

You can contact an employee with a proposal to terminate cooperation, without waiting for the agreed deadlines, at any time. The law does not oblige you to do this in writing, so there are several options:

describe the conditions for terminating the contract in the notice of reduction;
formally apply to the employee on any other day after the notification is delivered;
agree verbally, but receive a written statement from the employee.

In order for unambiguity to be established in the relationship between a hired specialist and his employer, it is better to use the wording from Art. 180 TK. It is possible and necessary to supplement the notice if the local acts of the company provide additional compensation to former employees in case of redundancy.

How to write a statement from an employee?

If the employer did not offer an early parting option, this does not mean that he is categorically against releasing specialists ahead of schedule. The law does not stipulate, but does not prohibit the employee from writing such a statement first.

In order for the employee’s initiative to be understood correctly and not mistaken for a desire to leave of their own free will, the following items should be included in the appeal to management:

the employee means precisely early dismissal for reduction, and not any other type of termination of relations listed in Art. 77 TC;
a person claims to receive all financial guarantees due upon separation due to staff cuts, art. 178 TC;
in addition, consent to dismissal is given subject to the payment of the average salary for the remainder of the warning period, art. 180 TK.

You can submit an application any day after the announcement of the upcoming reduction. However, this does not automatically imply an agreement with the employer. The employer may respond in writing with a refusal to an appeal officially registered in the office, or may not respond at all. Lack of leadership response does not mean tacit agreement.

Particular attention should be paid to the situation in which the authorities suggest not to mention the words about the reduction in the document, but to enter a phrase about your own desire. In this case, the employee may lose all financial guarantees.

Early termination benefits for downsizing

Upon termination of the employment contract for any of the reasons set out in Art. 77 of the Labor Code, the employee is supposed to pay wages for all hours worked and the cash equivalent of unused days of paid rest (of any kind in accordance with the Labor Code of the Russian Federation and the collective agreement). In the case of a reduction, they pay extra severance pay aimed at supporting an employee who has unscheduled lost his job.

If an agreement is reached between the employee and the employer to part ways ahead of schedule, then the list of payments will be somewhat wider. The final list will be formed as follows:

salary for a part of the month worked - they are calculated according to salary or actual output;
vacation compensation - determined according to the rules of Art. 139 TC;
salary for the unworked balance of the notification period - is charged at the average daily rate, the accounting rules for the accountant must be sought in Decree No. 922 of 2007;
payment for the period of incapacity for work (if there was one in the billable period) - the calculation mechanism is set out in Art. 14 of Law 255-FZ;
severance pay for the first month of the job search (required unconditionally) and material support for the next 2 months of unsuccessful attempts to find a place - the calculation is carried out according to the norms of Decree No. 922 of 2007.

Early termination can occur for a variety of reasons. In the case when an employee leaves because he immediately found a new employer, he is entitled to severance pay for only one month.

If a person decides to simply not complete the agreed period and start looking for another job, then during the first 3 months he is entitled to financial support from his former employer. The full amount of all benefits can be received by those who, within 14 days after the delivery of the order, managed to register with the state employment assistance service.

An example of calculating compensation for early redundancy

Forced cuts in the number of staff are not the easiest moment in the life of the company, but the greatest burden falls on the personnel department and accounting. The former are obliged to intensively look for suitable vacancies, because even those employees who agreed to leave ahead of schedule (up to the last work shift) need to be offered options. The latter need to apply at least three schemes to determine the final amount of settlement.

As an example, it is worth considering the situation when a specialist with a salary of 50,000 rubles leaves the company ahead of schedule. He received a notice of inclusion on the list for reduction on August 31, 2018, the proposal to leave ahead of schedule was contained there. A week later, on September 7, 2018, the person submitted an application and agreed to the previously agreed option.

The personnel department gave information that over the past period (365 days) the hired person was not on sick leave, he was on vacation only 1 time (from August 1 to August 30, 2018, the monthly income amounted to 45,000 rubles). At the time of dismissal, 10 calendar days of rest will remain unused.

In the considered example, the value of all payments will be:

Payment type	Calculation formula	Accrued, "dirty" amount in rubles
Salary for 5 days of work (01-07.09.2018)	50,000 rubles / 20 w.d in September × 5 days	12 500,00
Holiday compensation, art. 139 TK (vacation in August is excluded from the number of days in the billing period, therefore, not division by 12 and 29.3 is used, but by the calculated value of 29.3 × 11 + 29.3 / 31 (0.9) days in August = 323 ,2 days)	(50,000 × 11 months + 50,000 / 23 days in August) rub / 323.2 days × 10 days	17 084,59
Average earnings for hours not worked (15 + 23 working days for the period from September 8 to October 31, 2018)	(50,000 × 11 months + 50,000 / 23 w.d. × 1 day in August) / (247 - 22 days in August) × (15 + 23 w.d.)	93 256,04
Severance pay for 1 month (for the period 08.09.2018-07.10.2018 inclusive)	552 174 / 225 w.d. × (15 + 5 w.d.) = 2454.11 × 20	49 082,20
Average earnings for three months of job search (for the period 09/08/2018-12/07/2018 inclusive)	2454.11 rubles × (15 w.d. + 23 w.d. + 21 w.d. + 5 w.d.) - 49,082.20 rubles	107 980,84

It must be remembered that the last payment is due only to those who have not found a job after three months of searching, therefore it is issued to the former employee in two stages:

at the end of the second month - upon presentation of an "empty" labor;
after the third month - if there is a certificate from the employment center, if the employee registered there on time.

If a specialist decides to leave for another transfer employer, then he may not receive compensation payments at all. This is because an additional guarantee during the transfer is the right to return to the same place when the new management is in no hurry to accept them into the company.

When you receive a redundancy notice, you need to sit down and think carefully. First, estimate how much time you have to find a new job. Perhaps you are going to be fired only after a couple of months, and before that time you will already have time to find a new job.

Second, don't get discouraged. Remember that the organization, if, of course, you are employed in accordance with the law, is obliged to pay you a number of compensations. They should be enough for you until you find a new job.

What payments are due to the employee

After you read the layoff order and sign all the papers that you are notified and agree with, you can start looking for another job.

The day that is indicated in the documents as the day of dismissal will be your last working day at this place of work. If your reduction is an initiative of the employer, he must pay you:
- ;
- monetary compensation for unused vacation;
- other financial debts (wages, bonuses, etc.)

Cash compensation must be issued to the dismissed employee no later than on the day of dismissal. Wages for the last working month are issued the day before the official reduction.

The employee will receive severance pay for two months, provided that during this time he has not yet officially got a job.

If you have already found a job during the period when you received severance pay, but you are not officially registered in it, i.e. you receive your salary in an envelope, you do not lose the right to severance pay.

In the first month, the amount of severance pay is equal to the average monthly earnings of the dismissed employee. The payment for the second month is calculated a little differently - it is equal to the number of working days in this month, multiplied by the average wage for one day.

In some cases, state pay can be extended to a third month, but only if the person still hasn't found a job. This fact must be confirmed at the employment center.

Compensation for unused vacation

If, before dismissal, the employee did not have time to use his next vacation, although he has the right to do so, he must be compensated financially. Compensation in this situation is equal to the amount of accrued vacation pay. Additionally, you will have to write an application for the transfer of vacation from the current year to the next.

Payment of the 13th salary in case of reduction

Such a bonus as the 13th salary is available at many enterprises. Employees, not knowing their rights well, sometimes do not even realize that when they are laid off, the employer must pay this bonus to the dismissed person. Even if the reduction occurs in the summer. True, this is only possible if the person has worked in the company for at least a year.

Russian legislation provides for two types of mandatory payments to an employee in the event of his dismissal. These are: wages for the period worked; reimbursement of material resources for unused basic leave. Additional compensation in case of dismissal due to redundancy or termination of the activity of a business entity should include: payments upon termination of an employment contract before its expiration date; severance pay; monthly assistance for the period of a new employment of an employee.

Not everyone can apply for additional payments, but only citizens who carry out labor activities on the basis of an open-ended employment contract (hereinafter referred to as TD); as well as employees dismissed before the end of a fixed-term contract. Part-time workers, seasonal workers, as well as employees with whom a TD has been concluded for less than two months, have limited rights.

The Labor Code (hereinafter referred to as the Labor Code) obliges employers to notify their employees of their dismissal in case of a reduction in the company's staff or the liquidation of an organization two calendar months in advance. The employee must sign a statement that clearly states the last working day and the reason for termination of employment.

The parties may agree to terminate the contract before the term specified in the law. The employee must provide a written consent to early dismissal.

In turn, the employer is obliged to pay him material compensation for the time not worked from the moment of termination of the employment relationship until the expiration of two months. Russian legislation has granted the right to managers and owners of enterprises to simulate such a situation; a worker cannot initiate early dismissal with the payment of material resources.

How much compensation will be paid in case of early termination of the TD?

The calculation of this type of compensation payments is based on the average earnings of an employee for one work-day in the last reporting calendar year. To calculate this indicator, you need to sum up the total amount paid for the year. It should not include all types of material assistance (for health improvement, travel, meals, etc.) and travel allowances. Divide the annual salary by the number of days actually worked (excluding weekends and holidays), as a result, we get the average salary for one trade-day. 62 days is the maximum number of days that an employee can be compensated for early termination.

The following citizens have the right to compensation payments upon termination of employment before the expiration of the TD:

employees with whom an indefinite TD has been concluded;
employees who perform their functional duties on the basis of a contract with a certain time period (these payments are due only in case of termination of employment before the agreed period).

If the liquidation of the enterprise or the reduction of staff fell on the day after the expiration of the end date of the TD, then there are no grounds for these payments. Extending a fixed-term contract is primarily the right of the employer, and not his obligation.

Compensation must be paid to the worker on the last working day. The fact of receipt of material resources must be recorded by the signature of the employee in the accounting statement.

Who will not receive compensation payments for the termination of employment before the period specified in the contract?

The legislator does not provide for these payments to seasonal workers, part-time workers, as well as employees with a fixed-term contract concluded for less than two months. All of the above rules apply to legal entities.

In Article 307 of the Labor Code, the legislator gave the authority to establish the terms of the notice of dismissal, the procedure and amount of accrual of all payments to an individual (individual entrepreneur) and an employee at his discretion. This means that if in the TD compensation for early dismissal, severance pay, etc. payments are not provided, then the employer is not obliged to pay anything to the employee.

The Labor Code guarantees citizens who are subject to reduction or dismissal due to the liquidation of an enterprise, severance pay (hereinafter - VP) in the amount of average earnings for one calendar month. It is also required for all employees of the enterprise, even if employees are temporarily unable to work (sick leave is officially registered), be on maternity or additional leave. To calculate this amount, it is necessary: to divide the annual salary for the past year, excluding all types of material assistance and compensation, by twelve months.

According to Article 292 of the Labor Code, employees with whom a contract is concluded for less than two calendar months are entitled to VP if it is prescribed in the norms of the TD. The same procedure for calculating payments for employees engaged in labor activities for an individual entrepreneur.

Seasonal workers are entitled to receive VP in the amount of 2 weeks of average earnings. Applicants can safely demand these types of material assistance from their supervisors.

The size of the VP, absolutely, as well as compensation payments, as well as material assistance for the period of employment, may be more than indicated in the legislation. This nuance should be fixed in the clauses of the labor or collective agreement and is mandatory for the management of the enterprise.

The legislator also obligated employers, when reducing staff or liquidating an enterprise, to provide monthly payments to laid-off workers until the moment of new employment. Their size is the average earnings for one calendar month. VP is taken into account as payment for the first month during the period of unemployment.

The general rule is that the employer must pay two months after the dismissal of the worker. This means that for the first month, the dismissed citizen will receive severance pay, and for the second - payments for the period of unemployment. However, every rule has its exceptions.

A dismissed person may claim payment of three months from the date of termination of employment if:

● within two weeks, the former employee was registered with the Employment Center;

● due to objective reasons (out of control of the person), he was not employed for two months;

● there is a relevant certificate from the labor exchange.

Regardless of the circumstances, a dismissed citizen cannot claim payment for a longer period after termination of employment. If the former employee is employed before the specified time, this type of financial assistance is terminated.

Features of the accrual of material assistance for the period of employment for employees of the Far North and areas equated to this area

For workers in the Far North and similar areas, there is a special procedure for calculating payments for the period of employment. Without fail, laid-off employees will receive monthly subsidies within three calendar months. Severance pay, as well as in the general order, is taken into account as payment for the first month of unemployment. Displaced workers can receive additional payments for the 4th, 5th and 6th months of searching for a new job in the event of:

● if within thirty days they registered at the labor exchange;

● for three months they were not presented with a new job;

● The Employment Center provided a certificate confirming the first two points.

To receive all payments, the employee must confirm the absence of an official place of work. There should be no new entries in the workbook of this employee for the specified period - this will become the basis for compensation.

The countdown of the time provided for employment begins on the next day after the date specified in the order to dismiss the employee. Non-working days (weekends and holidays) are also taken into account.

All payments to citizens who have worked at enterprises or organizations, as well as for individual entrepreneurs for less than six calendar months before the moment of dismissal or reduction, are made according to the general rules given above.

60 days after the announcement by the head of the enterprise to employees of the termination of economic activity, an order is issued to liquidate the organization. All settlements with former employees of legal entities must be made before the specified moment. If a citizen has not received any payments and compensation, there will be no one to file a claim after the liquidation of the company. The Civil Code of the Russian Federation (Article 61) states that the obligations and rights of the organization are not transferred to anyone.

Despite the fact that the Civil Code of the Russian Federation guarantees the liquidated company the cancellation of its obligations, including to former employees, it is imperative to make all necessary payments and compensation. Evasion of the issuance of the expected material resources to former employees of the company will be regarded as fraud.

Employees who are subject to dismissal due to a reduction in the number of staff of the company or in connection with the termination of the activities of a business entity cannot submit an application of their own free will. In this case, the employee initiates the termination of the employment relationship, and therefore cannot claim any payments.

An individual entrepreneur and a citizen concluding a contract must detail all its points as much as possible. It is he who will become the guarantor of the fulfillment of their obligations by both parties and the basis for the restoration of violated rights in court. The absence of clauses regulating compensation payments to an employee upon dismissal due to a reduction in the number of employees or upon the surrender of a patent of an individual entrepreneur will become the dominant circumstance in resolving disputes in court.

Individual entrepreneurs, unlike enterprises and organizations, are responsible to partners and employees with their own property. This means that even after the filing of a patent, the employee can receive all the compensation payments stipulated in the TD by filing a civil lawsuit in court.

The Code of Administrative Violations in force in the Russian Federation provides for two types of liability for legal entities and individuals for depriving dismissed employees of compensations and payments: a fine and a temporary suspension of activities. The terms and amounts of administrative penalties directly depend on the amounts withheld by the employer or official.

Officials, through whose fault compensation payments were not paid, may be subject to disciplinary liability (reprimand, demotion, etc.). For a repeated similar violation, they face a disqualification of up to 3 years.

The higher the amount of compensation withheld, the greater the likelihood of incurring criminal liability.

Employees who abuse the norms of the law and hide their employment will also be liable to employers and compensate for all losses.

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