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 labor law, 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 an employee fails to exercise the right to annual vacation, 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 whole year if in the year of reduction the citizen worked from 5.5 to 11 months. Regulation is regulated recommendation Federal Service employment and labor from 19.04.2014.

Both payments will be taxed at 13%.

severance pay

Such financial support 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.

The billing period is 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 on a standard five-day working week. According to 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 new job in February or March, 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 on a combination job quits his main job before the reduction, which is confirmed by an entry in work book, he is entitled 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 financial assistance this category is not available.

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 amount directly depends on the number of days between the dates of early and official termination labor relations. 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 for 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.

Registration

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 non-compliance with the norms labor law. In this case, the employee must adhere to the following action plan:

1. Provide against signature a written claim about the violation of their legal rights to the head and to the trade union of the organization.
2. Write a complaint to Labor Inspectorate on the inaction of the boss or violation of the deadlines for fixing the problem.
3. Contact the prosecutor's office with a request to check the legality of the actions of the employer.
4. File a claim in court of Arbitration if in other instances a refusal to consider the case is received or no problems are found.

If any violations are identified, the employer can be brought to justice. liability 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 cash for hours worked. At the request of the employer, additional compensation is assigned.

In this article, I want to tell you about the mandatory payments received upon layoff due to redundancy, on the timing of receipt of compensation payments and on the features of payments in case of reduction for pensioners.

The dismissal of an employee is a rather complicated procedure, especially when such dismissal occurs at the initiative of the employer.

In order for the process of dismissal of an employee to be as painless as possible, as well as the payments due to the employee to comply with the requirements of the current legislation of the Russian Federation, the employer himself is primarily interested.

In case of violation of the procedure for dismissal of an employee or incorrect calculation of severance pay, the head of such an organization will be liable, including in the form of a fine.

○ What benefits will the employee receive if they make redundancies?

The Labor Code of the Russian Federation provides for mandatory payments that the employer must make in the event of a reduction in the staff of the organization.

These payments include:

1. First of all, this is the employee's salary for the time actually worked (Article 140 of the Labor Code of the Russian Federation).
2. If the vacation was not used by the employee subject to the reduction, then in accordance with Art. 127 of the Labor Code of the Russian Federation, it is necessary to accrue compensation for unused vacation.
3. Art. 178 of the Labor Code of the Russian Federation provides for the payment of a severance pay accrued in the amount of average earnings. Together with him, the average salary is paid to the employee for the period of employment. This refers to the time that an employee is looking for work, for example, is registered at the employment center, but not more than two months.

I would like to draw your attention to some features of such payments in case of further employment of a person for another job in the considered paid two-month search period:

If a person gets a job, then the accrual of such payments stops.

In addition, you should know that if, after two months, a citizen has not found a decent job from the options offered by the employment center, then he is also entitled to payment for the third month from the date of dismissal average monthly income.

Such a case is considered exceptional and in order to receive the average monthly salary for the third month, it is necessary to register with the employment center within 2 weeks from the date of dismissal due to staff reduction.

As a small reference, I would like to inform you that, in accordance with labor legislation, the employer is obliged to notify the employee of the upcoming reduction at least two months before the day of the upcoming dismissal.

The procedure for notifying employees is rather complicated and requires separate consideration.

○ Deadlines for receiving mandatory payments. Calculation example.

The Labor Code of the Russian Federation defines the following features Receipt by the laid-off employee of mandatory payments:

1. On the day of dismissal, the employee has the right to receive wages, as well as benefits for the first month (regardless of whether the person has found a new job or not). In addition, on the last day of work, the employee is required to receive compensation for vacation that was not used.
2. The next payment that the dismissed employee receives must be made after 2 months from the date of official dismissal. To receive such a payment, you must apply to your former employer for the payment. Together with him, you must present your work book, which should not contain marks on the employment of an employee at a new place of work.
3. The employee receives the last payment after 3 months from the date of dismissal on the basis of a document provided by the employment center, subject to certain conditions already discussed above.

Paid severance pay at the expense of the employer with whom you terminated the employment contract.

For a clearer presentation of the amount of due payments and understandingseverance pay calculation, when reducing the staff of the organization, we will analyze their accrual using a specific example.

Calculation example:

The state educational institution in the form of accession to it by another similar institution.

As a result of this reorganization, a new staffing table will need to be approved, with some units being made redundant. Teacher I.I. Petrov received a notification dated 03/01/2015 that his position is subject to reduction from 07/01/2015.

The salary of the dismissed employee was 15,000 rubles. per month. Consequently, on the last day of I.I. Petrov should receive not only wages, but also compensation for unused vacation. In addition to these payments, he must be credited and paid benefits for the period from 07/01/2015 to 08/01/2015, even if the dismissed teacher has already found a new job.

If the work has not been found, I.I. Petrov applies for a new payment after two months after the official dismissal. In our case, September 1, 2015 will be considered such a day, and it is necessary to have a work book without marks about the presence of a new job.

The next time you can apply for a payment no earlier than 01.10.2015. In this case, in addition to the work book, you must submit a certificate from the employment center (register within 2 weeks after dismissal).

Only under these conditions, I.I. Petrov will receive a payment of 15,000, also for the third month of finding a job.

In this example, I draw your attention to the fact that the teaching staff of the institution cannot be reduced during the academic year.

In accordance with the norms of the labor legislation of the Russian Federation, the calculation of benefits upon dismissal due to staff reduction is due to all employees with whom the employment contract is terminated. For how many months are such payments issued? How to calculate severance pay for the liquidation of a company? Consider legal features on typical examples.

Calculation of severance pay in case of staff reduction - 2018

According to Art. 178 of the Labor Code, if an employment contract with an employee terminates due to a reduction in the company's staff or the liquidation of a business, the dismissed personnel must be paid severance pay. The amount is the average earnings for 1 month, in addition, they retain one more of the same payment within two months, for the period of employment. In some cases, payments are extended for another third month. At the same time, in order to receive additional benefits, a specialist within two weeks from the date of dismissal must register with the territorial division of the Employment Center (Public Employment Center). Another required condition- the absence of the fact of employment of an individual.

Other reasons for termination labor contract oblige the employer to pay not an average monthly allowance, but a two-week allowance. In this case, the average earnings are also taken, but not for the whole month, but only for half. Such grounds for termination of labor relations include (part 3 of article 178 of the Labor Code):

1. Refusal of a specialist to transfer for medical reasons to another position or lack of conditions for such a transfer in the organization.
2. The call of an employee to the state military service (alternative civilian).
3. Refusal of a specialist to transfer together with the employer to another locality.
4. Reinstatement of a previously employed employee.
5. Refusal of a specialist in execution job duties due to changes in the terms of the employment contract.
6. Removal of an employee from a position on a medical report.

Note! Local acts of the enterprise may also provide for other options for calculating and issuing severance pay, including an increased amount of amounts.

How is severance pay calculated when employees leave

Next, we will figure out how to calculate the severance pay upon dismissal of the state. The payment of motivational amounts is made by the employer on two grounds - with a reduction in staff or the complete liquidation of the enterprise. In these cases, the calculation of the reduction allowance and the calculation of the severance pay upon liquidation are performed according to the same algorithm.

First you need to calculate the size of the average daily salary. What amounts are taken into account? According to paragraph 2 of the Government Decree No. 922 of December 24, 2007, this value wages, bonuses, additional payments, allowances and other payments that were accrued to the employee for the performance of labor duties. The billing period is the year (12 months) preceding the billing month of the specialist's dismissal. If a person is fired on the last date of the month, then this full month is also included in the calculation (Rostrud letter No. 2184-6-1 of 07/22/10).

In order for the calculation of severance pay during staff reduction to be made correctly, business trips, as well as days of incapacity for work, holidays, and release from employment should be excluded from the days of the billing period (clause 5 of the Regulation on Decree No. 922). Accordingly, payments for such days are deducted from the amount of earnings (clause 3 of the Regulation). After determining the average daily wage, this indicator is multiplied with the number of days of work in the first month after the dismissal (clause 9 of the Regulation).

How to calculate a two-week severance pay upon dismissal

In order to know how to calculate severance pay upon reduction on the grounds of Part 3 of Art. 178 of the Labor Code, it is required to follow the above procedure. This mechanism also includes determining the average daily earnings, which is then multiplied with the number of days of work in 2 weeks after the date of dismissal. The following is an example of how severance pay is calculated for a reduction.

An example of calculating severance pay for reduction

Let's say manager Ivanov I.P. they reduce it on 11/15/17. The company has a salary system, the salary of an employee is 45,000 rubles. How to calculate the reduction allowance for the first month if there were no excluded days? Action algorithm:

• Billing period - from 11/01/16 to 10/31/17.
• The number of days of work for the period is 248 days. according to the spreadsheet.
• Total earnings for the period - 12 months. x 45,000 rubles. = 540,000 rubles.
• Average daily earnings - 540,000 rubles. / 248 days = 2177.42 rubles.
• The amount of the allowance for 1 month is 2177.42 rubles. x (11 days + 11 days - for the period from 11/16/17 to 12/15/17) = 47,903.24 rubles.

Severance pay upon dismissal due to disability - calculation

If a disabled person receives severance pay upon liquidation of an organization, how to calculate such a payment? The grounds for termination of an employment contract with a disabled person are listed in Art. 83 and 178 of the Labor Code. To receive compensation, an individual must present a medical report and a certificate of disability. The amount of the allowance is due for 2 weeks (in case of dismissal under part 3 of article 178) or 1 month (in case of dismissal under part 1 of article 178). The calculation algorithm corresponds to the general procedure for calculating severance pay under Decree No. 922.

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.

To calculate the severance pay, you need to: Know paragraph 178 of the Labor Code of the Russian Federation, according to which the employee is dismissed, since this is the amount of the payment. For example, if the dismissal occurred due to a reduction in staff at the enterprise, then the employer is obliged to pay severance pay, the amount of which is equal to the average earnings of the employee. And if the dismissal of an employee is connected with his conscription into the ranks of the Armed Forces, then the severance pay must be paid in accordance with the size of the two-week average earnings.

Thus, in order to calculate the severance pay, it is necessary to multiply the average daily earnings by the number of working days in the month following the day the employee was fired. The average daily earnings are calculated by dividing the amount of wages that were actually accrued for the days worked in the billing period by the number of days actually worked in this period. It is important that when calculating the average wage, sick leave and vacation pay are not included.

Related videos

Sources:

• how to calculate severance pay

Tip 3: How to pay severance pay when reducing

When the staff is reduced, the dismissed employees are paid severance pay. This value is calculated depending on the size of the average earnings. Compensation is issued along with due remuneration for hours worked. The allowance is accrued within two months from the date of termination of the contract.

You will need

• - settlement sheets for the period of calculation;
• - production calendar;
• - calculator;
• - Labor Code of the Russian Federation;
• - a note-calculation form.

Instruction

When layoffs are foreseen in your firm, notify the employees who are subject to exclusion from the company's workforce. Do this in writing two months before the cut. To do this, draw up notices in duplicate for each specialist. Such actions are prescribed in the Labor Code of the Russian Federation and are subject to execution by employers. In case of violation of the law, the employee has the right to apply to the court, which can reinstate the employee in his position.

Before dismissal, calculate the amount of remuneration that the employee is entitled to for the time actually worked, the work done. To do this, multiply the number of days worked by the amount of the salary, and the result includes allowances, bonuses and other stipulated payments.

Calculate severance pay. To do this, find the amount of the average daily earnings. In the calculation period, take the calendar year. On execution labor function by a specialist less than the specified period, take the period from the moment the employee enters work as the calculation period. Sick days and holidays are excluded from the calculation.

Now calculate the amount of rewards for the calculation period. Include salary, bonuses, allowances, that is, all payments that are permanent in nature are due for the performance of duties. Do not take into account the amounts of money that are paid in the form of material compensation, that is, those rewards that are of a one-time nature. Exclude social benefits, sick leave, vacation pay from the calculation.

Divide the amount received by the number calendar days in the billing period. The result is the average daily wage. Severance pay is paid within two months from the date of termination of the employment relationship. Therefore, multiply the average earnings by the number of working days in the next two months. Pay out the received amount along with salary, having previously entered it in a note-calculation.

Related videos

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• Calculation of severance pay in case of reduction of an employee in 2019
• in case of reduction, paid in 2019

The employer has the right to dismiss the employee on his own initiative. This occurs if the enterprise is completely liquidated or there is a decrease in its production capacity. Then it turns out, the so-called reduction in staff. This procedure must be carried out strictly according to the law and adhere to the Labor Code, namely: Art. 81, 178, 179, 180.

What payments are due upon reduction?

When reducing the staff of workers, the law provides for the following payments: this is the so-called severance pay, which is calculated in the amount of the average monthly wage. It, in turn, can be increased if such a clause is specified in the collective agreement.

Also, for the period of employment for a period of not more than 2 months, the employee retains the right to maintain the average monthly earnings. In some cases, the average monthly salary can be paid to an employee within 3 months. This happens if such a decision is made by the local employment service. To receive these payments, the employee must himself apply to the employment service within two weeks, and must not be employed in any other place of work.

After it became known at the enterprise that the reduction would soon begin, the employer is obliged to notify its employees at least two months in advance about this event and take a receipt from the employees that they have been notified of this. Workers may not wait for the cutoff date and quit on own will in advance. In this case, early dismissal is completed in writing, and the employee is entitled to the payment of the average monthly salary for the period that remains before the date of reduction.

It is always worth remembering that staff reductions due to the termination of an employment contract are never subject to income tax. This provision also applies to those citizens who left the enterprise in advance, without waiting for the date of reduction. All other payments due to employees are subject to personal income tax on a general basis.

Also, the amount of paid severance pay includes wages of employees for the time actually worked and money for unused vacation.

Additional rights of an employee dismissed by reduction

A completely dismissed employee may, within 30 calendar days from the date of full settlement, return to this enterprise and demand that the former employer pay a temporary disability sheet. By law, a former employer in as soon as possible must comply with the request former employee.

Related videos

The Labor Code of the Russian Federation provides for the payment of compensation to each employee of the company in the event of a staff reduction. It is paid in the form of average monthly earnings for several days preceding the dismissal.

Instruction

Calculate the amount of the redundancy benefit by calculating the average monthly earnings. To do this, you must be guided by Regulation N 922, approved by the Decree of the Government of the Russian Federation of December 24, 2007. First, calculate the average daily earnings of an employee.

Determine the amount of wages that were actually accrued for the days worked in the billing period, including remuneration and bonuses. Divide this value by the number of days actually worked in this period (clause 9 of Regulation No. 922). Thus, the last 12 calendar months are taken as the billing period, and the days worked are considered to be the periods from the first to the thirty-first day of each month, during which the employee retained the average salary.

Determine the start and end dates of the month for which the employee will be paid benefits and the number of work days (for example, 16 work days in January). Calculate the average monthly earnings by multiplying the average daily earnings by the number of working days in the first and then in the second month after the dismissal.

Economic crisis is the reason that many companies are forced to reorganize and reduce the number of employees working at the enterprise under labor contracts. Reduction of staff is a rather costly procedure, so some employers try to persuade employees to write letters of resignation of their own free will, but in this case, employees lose their right to compensation.

How redundancy is done

If the employee agrees to quit before two months, upon dismissal he must be paid additional compensation in the amount of average earnings, calculated in proportion to the period remaining until dismissal.

It is made in agreement with trade union organization or other representative body of employees. If mass layoffs are coming, you should be warned about this 3 months in advance, in other cases, employees should receive 2 months in advance written notices about the upcoming reduction and sign for their receipt. Keep in mind that you have the right to borrow existing ones in a new staffing vacancies, if your qualifications allow it. In the event that you decide to look for a new job, the employer is obliged to pay you the compensation due by law when laying off staff.

What compensation is due upon reduction

The minimum severance pay cannot be less than the average monthly salary of the employee.

Ask about the conditions collective agreement operating in your enterprise. It may include additional compensation payments workers laid off due to redundancy.

Related videos

The Labor Code of the Russian Federation guarantees employees reduction payments. This means that the employer cannot get away from reduction compensation In the organisation. If the dismissal is made precisely by reducing the staff of the organization, and not by agreement of the parties, for example, then the employee has the right to demand redundancy allowance his position, and the employer is obliged to pay it.

How is it paid redundancy pay? When is produced reduction calculation?

How is it calculated redundancy pay? How much is paid severance pay seasonal workers? What is the procedure for making redundant payments to workers in the Far North?

You can read a separate article about the order itself, but here we’ll talk specifically about redundancy payments that you are entitled to rely on.

How is severance pay paid in case of reduction?

Reduction allowance in the amount of one average earnings, you, as a dismissed employee, should receive on the day of dismissal, along with wages and compensation for unused vacation. This payment at reduction for the first month of unemployment.

For example, you are fired on April 22, 2013. All payments must be made on that day. You receive compensation for the reduction for the first month of unemployment: from April 23 to May 22.

If you have not been paid a salary or compensation for vacation or severance pay upon dismissal, then you need to go to court. Do not wait! Don't miss the time! Only 3 months from the date of dismissal to apply to the court. As mentioned in a separate article. Contact us, your interests will be protected. Costs for legal services collect from the employer!

According to labor code You have the right get an average salary and for the second month, if you do not find a job. In our example, the second month of unemployment starts on May 23rd and ends on June 22nd. second reduction compensation you can receive after June 22nd. To do this, you need to provide the employer with a work book in which there are no records of a new job.

You also have the right to receive average earnings for part of the second month. For example, you will apply for a job on June 10th. You must receive benefits for the period of unemployment from May 23 to June 9. To do this, it will be enough for you to provide a copy of the work book, certified by the new employer after the date of employment.

You may retain the right to average earnings and for the third month of unemployment, but only if you contact the employment service within 14 days after the dismissal and you are not employed. Since you don’t know in advance how long you will be looking for a new job, I advise you to contact the employment service exactly at this time in order to be able to receive compensation for the reduction and for the third month.

In our example, the third benefit must be applied for after July 22, that is, after 3 months after the dismissal. In this case, you will need to provide the employer not only with a work book, but also with a certificate from the employment service.

For part of the third month, you are also entitled to compensation. If you get a job, for example, on July 1, then the allowance must be paid for the period from June 23 to July 1. Then, instead of the original work book, you must bring a copy certified by the new employer. An entry in the work book must necessarily have already been made by the employer so that it can be seen what date you started work.

How is severance pay paid to seasonal workers?

Seasonal workers are paid severance pay in the amount of two weeks of average earnings in case of reduction. And the employer has no obligation to pay benefits for subsequent periods of unemployment (Article 296 of the Labor Code of the Russian Federation).

How is severance pay paid to workers in the Far North?

Workers in the regions of the Far North are entitled to benefits in case of redundancy within 3 months without contacting the employment service and within the fourth, fifth, sixth months if the employment service was contacted within a month after dismissal (Article 318 of the Labor Code of the Russian Federation).

How is redundancy pay calculated? Who pays the allowance?

Severance pay is calculated and paid by employers with whom the employment contract has been terminated.

Individual entrepreneurs may not pay benefits, since the amount of severance pay is set employment contract concluded with him. There are no indications of severance pay, they may not pay anything (Article 307 of the Labor Code of the Russian Federation)

The severance pay is calculated according to the following formula:

Average daily earnings per working day * number of working days in the period for which benefits are calculated.

Average daily earnings are calculated per working day, not per calendar day. What is taken into account to calculate the average earnings, how to find out the average if there was no earnings, we read in a separate one.

To calculate average earnings, you need to take a salary for 12 months. up to the month of dismissal, excluding vacation pay, sick leave and divided by the number of working days in these months according to the production calendar. Holidays and sick days are not taken into account, since the employee did not work.

The number of working days in the period for which severance pay is paid is determined by the production calendar. The fewer working days in a month, the more days off, the lower the severance pay. Benefits for different months may not be equal.

For example, for the period from April 23 to May 22, there are only 17 working days, and from May 23 to June 22, 21 working days, respectively, the benefit for the first month in our example will be significantly less.

There is no withholding tax on income from severance pay.

That, in general, is all that concerns severance pay during reduction. Remember that automatically the second and subsequent average earnings are not paid. To do this, you need to write a statement to the employer and submit documents confirming your unemployment.

If he doesn't pay, we go to court. The term for applying to the court in case of non-payment of benefits is 3 months from the day you learned about the violation of your right.

Legal assistance and representation in court.

St. Petersburg: labor dispute lawyer Rumyantseva Valentina Yurievna