Losing a job is not exactly a pleasant moment. This may happen according to own will. Often there are layoffs due to redundancy. The payment of benefits in this case is guaranteed by law. The procedure for leaving work for this reason has its own characteristics.

concept

Reduction of staff is a procedure enshrined in law. Dismissal in this case should occur according to the Labor Code of the Russian Federation. Failure by the employer to fulfill its conditions entails the reinstatement of the employee to the position.

In addition, the employer must pay wages for the unlawful dismissal for the entire time of absence. Often disputes over work are resolved in court. Moreover, the side of former employees is often taken.

Rules of law

Issues related to reduction are regulated by the Labor Code of the Russian Federation. Based aspects are present in:

1. Art. 178 and 179 - requirements and order.
2. Art. 261 - guarantees.
3. Art.296 - provisions on the reduction of seasonal workers.

Rights

The rights of the employee in case of staff reduction are protected by law. Some employees are provided with guarantees that protect against dismissal. They can be reduced only upon liquidation of the institution. There are some categories of people who are given a priority right to remain in office. Therefore, if it is liquidated, the employer must offer the person another job.

Enjoy the benefits:

1. Employees who have been ill or injured as a result of their work.
2. Persons who are dependent on 2 or more disabled people.
3. Employees who are considered the sole breadwinners in the family.
4. War invalids.
5. Workers who improve their skills.

For example, a person is considered the only one in the family who brings income. In case of liquidation of the position, the employer is obliged to offer him another vacancy.

Reduction Features

Dismissal may be carried out due to a reduction in staff or the elimination of a position. These procedures have their own characteristics. By law, management is not required to provide arguments that led to such events. But he still has to provide the reasons for the excess of personnel.

Staff - the total number of positions in the firm. Its reduction is often independent of management. But still, the norms of the Labor Code of the Russian Federation must be observed. In some cases, the reduction does not involve layoffs, but only the redistribution of employees. It can also apply to a specific position. Then a new schedule is drawn up, where there are no old posts.

The dismissal can affect all employees. This also applies to pensioners. The payment of benefits is guaranteed by law. For example, a person becomes registered with the employment service in order to receive income, and in the meantime, he is looking for a new job. A minor can be dismissed only with the complete liquidation of the institution, as well as with the permission of the State Inspectorate. In other cases, it is illegal to deprive people under 18 of their jobs.

Description of the procedure

There is a procedure for layoffs to reduce staff. When it is carried out, there is no reason to go to court because of illegal activities. The procedure is as follows:

1. An order is created. It should contain lists of positions that need to be reduced. The persons responsible for this procedure are also designated. The form of the document is arbitrary.
2. A new schedule is drawn up based on Form No. T-3. It indicates the number of staff units, positions, rates and salaries.
3. An order is issued on the basis of the introduction staffing. The document informs employees about the beginning of its action.
4. Candidates' personal files are being considered. A commission is organized to analyze the advantages of people. Based on the results, a protocol is drawn up, which indicates the conclusions about the impossibility of dismissing employees.
5. An alert is issued to employees about an upcoming event. All persons indicated in it must read and sign.
6. Those employees who decide to terminate the contract ahead of schedule need permission for early termination. It is sent to the employer in writing.
7. The notification is then sent to the employment center and the trade union.
8. If the employer has vacant positions, laid-off workers can take them.
9. After all issues are resolved, an order of the form No. T-8 is issued to terminate the contracts.
10. Entries are made in work books, where paragraph 2 of part 1 is indicated
11. Employees get paid. Income statements for 2 years can also be provided.

This is the procedure for dismissal to reduce staff. If an employee who is registered with the military was fired, the management is given 2 weeks to notify the military registration and enlistment office about this. When reducing the person from whose income the funds were paid under the writ of execution, then the bailiff should be notified about this.

Notification

Only after notification should there be a dismissal due to staff reduction. The payment of benefits will be a legal measure of social protection of citizens. The notice must be issued 2 months before the new schedule takes effect. It includes a list of all dismissed. When a seasonal worker is laid off, notification must occur 7 days in advance. If an employee whose contract is valid for 2 months leaves, then the notification occurs 3 days in advance.

Without notification, the procedure will be invalidated. With the dismissal, a list of documents must be drawn up. In this case, the employer must comply with certain deadlines. For example, from the date of issue of the order to the procedure itself, at least 2 months must pass. Only in this case the procedure will be legal.

Payouts

If there was a dismissal due to a reduction in staff, the payment of benefits is guaranteed. Provided:

1. Salary for the last month and compensation for unused vacation. Must be paid no later than last day work.
2. severance pay. If there was a dismissal due to staff reduction, the payment of this type of benefit is mandatory. It is transferred within 3 months after the reduction, if the person did not get a new job. For the first time, it is paid in advance, taking into account the calculation upon dismissal.
3. Privileges. Provided upon registration at the employment center, if for 3 months there was no new job. Only then does this organization provide redundancy payments. Examples and features of these procedures allow you to understand what to expect. For example, if a person is considered unemployed for 4 months, then the employment center provides benefits, so the person can search for a suitable position.

Payouts

If there was a procedure for reducing an employee, he will receive payments based on the norms of the law. In this case, the amount corresponds to the amount of the average monthly income.

Benefits are calculated as follows:

1. From 4 to 7 months - 75%.
2. From 4 months after the designated period - 60%.
3. Then - 45%.

Income must be provided to all, wherever layoffs occur. Examples of compensation will help determine how much to expect. The average income of an employee is taken into account. If it is 20,000 rubles, then in unemployment it will be 15,000 rubles from 4 to 7 months. Then the income will decrease. During this time, with the help of the employment center, you can search for a suitable vacancy.

Who is not allowed to be fired?

There are several categories of persons to whom guarantees are provided. It will not work to dismiss them, it is considered an exception. They should be offered other vacancies. The new job should be similar to the old one in terms of pay and qualifications.

Can't be fired:

1. Pregnant.
2. mothers of children with disabilities.
3. Mothers with children under 3 years of age.
4. Single mothers with children under 14.
5. Single fathers with children under 14.
6. Minors.
7. Employees on vacation.
8. Temporarily disabled.

Warranty

The law provides guarantees for persons who have been laid off. They have a period during which you can find a new job. Employees are eligible for another position, if any. Transfer to another branch of the company is possible. The guarantee includes receiving benefits.

If there are complaints about the staff reduction procedure, within a month, you can go to court to appeal the decision. It should be borne in mind that this body does not always reinstate people in their positions. For example, this cannot be done if the employee does not fit the preferential category and the procedure is done legally. The court can change the wording of the entry in the work book, as well as ensure the transfer of payments for forced absenteeism.

And the employer can provide evidence of the legality of dismissal with the employee:

1. Old and new schedule: one document will indicate the position, and the second will not.
2. Personal files of candidates: one may have benefits, while the other may not.
3. A written refusal of a person to receive a new position.

Thus, dismissal on reduction has its own characteristics. Both parties need to take into account the norms of the law, since they regulate such relationships.

Payments in case of reduction of an employee (2017). Labor Code

No company is immune from the need for downsizing. What payments are provided for when an employee is laid off (2017)? The Labor Code provides an answer to this and other questions related to layoffs.

Reduction

Reduction inevitably entails a change in staffing. Whether the number of employees is reduced - the number of employees replacing the same positions is reduced, or the staff is reduced - positions or entire divisions are excluded from the staff list.

Employee redundancy payments 2017

When the staff is reduced, all employees dismissed on this basis must be paid severance pay. This guarantee is enshrined in Art. 178 of the Labor Code of the Russian Federation. Their size cannot be less than the average monthly earnings. But the employer has the right to increase the amount of the benefit if such an opportunity is fixed in the contract - labor or collective.

In addition to benefits, the dismissed employee has the right to retain his average monthly earnings for the time that he is busy looking for a new job. The employee has the right to count on this support no longer than two months from the day he is fired.

Only in exceptional cases, material support can be extended for a third month. This requires the decision of the employment service authority. Employees of the service can take the side of the employee if, within two weeks after the dismissal, he turned to them for help in finding a job, but by the third month after the dismissal, he did not manage to find a new job.

Downsizing payments to individual employees

• to laid-off workers from organizations of the northern territories (the Far North and areas equivalent to it in status) severance pay based on average monthly earnings. For the period of searching for a new employer, they have the right to count on the payment of their average monthly earnings for three months after their dismissal (including severance pay) (Article 318 of the Labor Code of the Russian Federation). If employees of the north apply to the employment service no later than a month after their dismissal, then material support will remain with them up to six months. This is provided that the service failed to employ them earlier;
• seasonal workers are entitled to severance pay. Its size cannot be less than their two-week average earnings (Article 296 of the Labor Code of the Russian Federation).

What payments are due when reducing part-time workers

A part-time worker may also be made redundant. He, like the main worker, is entitled to guaranteed severance pay. But the part-time worker does not have the right to save the average monthly earnings while looking for work. After all, this assistance is targeted - for those who are not employed. A part-time worker, in addition to additional work, has another, main job. After being reduced part-time, he does not lose his place in his main job.

When and by whom are payments made in case of reduction?

Severance pay must be paid to the employee on the day the employment contract ends.

The average salary saved during the search for a new employer is paid to the dismissed person at his request. Former employee you will need to show the management of the company your work book, which will show that he is not yet employed. The average salary is retained by the employee for a certain period (for most employees, no more than two months from the date of dismissal). Therefore, the employer is obliged to pay it at the end of the term.

If an employee applied after dismissal to the employment service and was not employed by this body for three months, then the employee has the right to count on the payment of saved earnings for the third month without work (and for northern workers up to six months). For this, in addition to the statement and work book You must submit the decision of the employment service to the employer.

Severance pay and retained earnings during the job search are paid at the expense of the employer who made the reduction.

Sometimes the reason for the dismissal of one or more employees of the enterprise is not the decision of the employer or the employee himself, but an objective necessity. The situation may be related to the transition to a new (automated) level of production or the fact that the organization no longer needs the same number of employees. In such cases, there is a reduction in the number or staff of employees.

For the employer, this becomes a legal tool to optimize the composition of the staff and the staffing structure. However, the use of such an approach is associated with large quantity nuances and requires compliance with many rules.

Basic concepts and terms

In order to understand the intricacies of the topic and understand who, how and under what circumstances can be fired if there is a reduction in staff, you should decide on the main concepts:

1. The number of employees is the number of all employees of the enterprise, in other words, it is the payroll. If we are talking about dismissing several representatives of the same profession who perform similar functions, while maintaining the position in the staff list, then this is a reduction in the number of employees. An example is the dismissal of three architects out of five.
2. The staff is absolutely all the positions represented in the company (management, administrative, workers, and others). Their list is a staffing table, in accordance with which the structure of the organization's personnel is formed.
3. Reducing the number of staff may be necessary in order to exclude from the list of posts that duplicate each other, or those that can be combined into one staff unit. Also, this concept includes measures aimed at eliminating any unit.

This means that the reduction in staff is accompanied not only by a decrease in the number of employees with the same responsibilities, but also by the dismissal of all employees performing specific labor functions. Returning to the example above, all five architects will be fired when the staff is reduced. Perhaps it is more profitable for the enterprise not to keep these employees on the staff, but to hire them from time to time to perform a separate task (outsourcing).

Layoff legislation due to downsizing

Legal Aspects Accompanying the Gap labor relations due to changes in the staffing structure, regulated by the Labor Code of the Russian Federation. The reduction of the staff (due to the liquidation of the organization or the change of its owner) is considered in article 81. Other common situations related to the termination of contracts with employees at the initiative of the employer are also listed here.

Among other cases, this article provides for the procedure for dismissal of employees:

Who can be made redundant

The decision on which the reduction in the number or staff of employees depends is made by the employer, but at the same time he must take into account the rights of employees who enjoy certain benefits.

When considering candidates for employees to be dismissed, the head is obliged to comply with the rule set forth in Art. 179 TK. It states that staff reductions should occur at the expense of the least qualified personnel, who have the lowest labor productivity rates. The practical implementation of this rule is often associated with an assessment of the experience and seniority of employees. It is assumed that those of them who have worked at the enterprise recently are of the least value for the team.

To assess the significance of an employee, the result of the qualification exam, his education and the level of performance for the previous period are also of great importance. This means that when comparing two employees holding the same position, preference will be given to the one who has higher education. His colleagues, who have received secondary special education, are likely to be laid off.

Categories of personnel that are not affected by dismissal due to staff reduction

The reduction in the number of employees does not affect the following categories:

• Parents of children with a disability status.
• Mothers and fathers raising children on their own (singles).
• Parents of large families until the time when younger child will not be 14 years old.
• Citizens who are the sole breadwinners of their families.
• Workers who have been injured or ill as a result of their employment with the company.
• Disabled people who suffered as a result of wars, the Chernobyl disaster or the Semipalatinsk tests.
• Employees of the company with awards (Hero of the USSR, holder of the Order of Glory) or the title of inventor.
• Workers who combine the performance of their labor functions with training.

The redundancy does not affect those employees who are members of a trade union or act as elected representatives of the work team and take part in negotiations with the company's management.

Also, employees of the enterprise who are on sick leave, in normal or maternity leave. True, this can be done with their written consent or with the complete liquidation of the company.

How to reduce pensioners and part-time workers

The Labor Code of the Russian Federation (Article 3) contains a ban on the manifestation of age discrimination by an employer. Most often this applies to employees who have reached retirement age and continuing to fulfill their official duties. If necessary, they will also be affected by downsizing, but using them social status as grounds for dismissal is illegal.

Taking into account the experience and qualifications of pensioners, on the contrary, they fall under the definition of employees with priority rights. Based on the fact that they can be one of the most useful employees of the enterprise, they are the last to be laid off.

When planning the dismissal of an employee who combines two positions, the employer performs almost all standard actions. The only difference is that the legislation does not establish whether he should accrue payments to such an employee.

In fact, redundancy benefits are necessary for those who lose their source of income. However, while remaining in the company, the part-time worker continues to receive wages. Here, the decision on payments and their size remains with the employer.

Why do employers resort to layoffs?

The state allows the heads of enterprises to independently decide on the need to reduce staff or the number of personnel. However, in case of disputes, the economic feasibility of these measures can be checked by the judicial authorities.

This condition imposes on the employer the obligation to inform his subordinates about why the reduction in the staff is being carried out. This information is set out in the relevant order and may be associated with the following factors:

• With a low level of profitability. The lack of profit does not allow the management to pay at the proper level for the work of the previous number of employees. By reducing labor costs, the organization can save some money to pay off debts or purchase a new batch of materials.
• Inefficient state structure. If among the positions of the organization there are those that duplicate each other or are not of value for maintaining economic activity, their elimination would be justified.
• Introduction of new technologies or equipment. When production becomes more automated and does not require the participation of the previous number of employees, staff reduction can significantly reduce costs and increase profitability.

What rules should an employer follow when laying off staff?

The forced layoff procedure can significantly affect the well-being of those employees who are subject to redundancy. It is not always possible for them to find workplace under the same conditions as in this enterprise. For this reason, the state dictates to managers certain conditions, the observance of which to a certain extent protects the interests of laid-off workers:

In the event that the company's management "forgets" to inform the employment service of their intentions, in addition to fines, the court may oblige them to pay wages to employees for forced absenteeism.

How the downsizing happens: step by step instructions

Any head of a company or organization, when planning and carrying out measures to reduce staff, must know and comply with all legislative norms and requirements. Ignoring or unintentionally breaking one or more rules can lead to quite serious consequences: a fine or a trial.

Based on this, the employer is interested in implementing a phased reduction in staff (the Labor Code of the Russian Federation establishes a list required documents and procedures):

In the event that the employee does not agree to the transfer and continuation of cooperation with the company, the last in the list of required documents is the order to dismiss him. The standard for this document is unified form T-8.

How a redundancy termination ends: vacation pay, severance pay

The dismissal of an employee who was informed in time and refused the offered vacancies takes place simultaneously with the payment of all necessary funds to him.

Together with the work book, the former employee is given:

• Salary accrued for the last worked period.
• compensation payments for unused vacation(if any).
• Special payments for downsizing (severance pay). Their size is often equal to the average wage, but may be higher if this is specified in the collective agreement.

The company continues to pay redundancy benefits to the employee for another two months if he is registered at the labor exchange, but cannot find a job. Its size is set at the level of the average salary, but it does not take into account the amount that has already been issued.

In the event that an employee wishes to quit earlier than the deadline set by the employer, he must be paid the money accrued for the unfinished time. That is, in fact, in any case, he will be paid a two-month period between the announcement of the reduction and the date on which this procedure is scheduled.

Payments to certain categories of personnel

The procedure for reducing some workers is slightly different from the one outlined above. This is due to the non-standard nature of their work functions or special circumstances:

1. For those workers whose duties are considered seasonal, redundancy payments amount to an amount equal to the average salary for two weeks.
2. Employees of organizations located in the Far North are given a one-time severance pay and an average salary for three months (if they are not employed earlier).

What will be indicated in the work book

According to Art. 81 of the Labor Code, the reduction in staff is indicated as the basis for terminating the employment contract in the employee's work book. It is issued on the day of dismissal along with the accrued sum of money. When they are received, the former employee of the enterprise signs several documents (personal card, book of accounting for the movement of work books, insert).

Certification of the record that labor contract torn, the signature of the employee of the personnel department (who maintains work books) and the dismissed employee becomes, as well as the seal of the head.

What should be the behavior of the employee during the reduction

When a person receives notice that they are going to be laid off, they should take the following actions:

1. Make inquiries about the list of persons who are not entitled to be fired and find out if he falls into this category. In the event that they discover any factor that gives them the right to privileges or benefits, this should be stated in a letter and transferred to the head. The best option is to write a letter in two copies. One of them is given to the management with a request to mark the receipt on the second. This will be useful evidence in favor of the employee if the case goes to court.
2. Make demands regarding an alternative place of work in this enterprise. The employee does not have to agree to the offer, but the employer's written refusal to provide vacancies can also be the basis for canceling the decision to reduce.
3. To receive additional payments, you must register with the employment service within a period of no more than two weeks after the reduction in staff was carried out. The Labor Code of the Russian Federation specifies this period. Then the employee becomes entitled to a two-month benefit (average wage) if he fails to find a new job.

Most important aspect concludes that the employee should not himself write a letter of resignation after he becomes aware of the upcoming reduction.

Also, do not succumb to the persuasion of the boss and compromise, because dismissal by agreement of the parties does not provide for the payment of severance pay.

Professions at risk

Given the difficult economic situation, cuts can affect a fairly wide range of companies and organizations. Doctors and teachers may not be afraid for their jobs, but many firms will still undergo reorganization.

Among employees of budgetary enterprises, funding for the following professions may be limited:

• Employees involved in the telecommunications industry.
• Librarians.
• Postal employees.
• Mosgostrans employees.
• Reduction of staff of the Ministry of Internal Affairs.

In addition, some employees of state and commercial banks will have to look for new jobs.

Experts say that against the backdrop of such a disappointing situation and in the absence of wage increases, many highly qualified personnel will leave on their own initiative. Without waiting for the reduction, they will master new actual professions or seek application for their talents in other countries.

At the initiative of the employer, the dismissal of an employee may be in the event of a reduction in staff or headcount, and prerequisite such a dismissal must be competently documented dismissal - notification of the employee within a certain period, offer of vacancies. In addition, a severance pay must be paid upon dismissal due to redundancy (clause 2, part 1, article 81 of the Labor Code of the Russian Federation, part 1, article 178 of the Labor Code of the Russian Federation).

The redundancy process

Quite often, dismissal on this basis is disputed by the employee due to non-compliance with procedural issues. What is required for legal dismissal?

First of all, the organization should have a real staff reduction, that is, the reduced position should be actually excluded from the staff list, and not renamed. This may be the case if part of the duties is no longer necessary to perform, and the rest is redistributed among other employees. In addition, it is necessary to inform the employee in advance, at least two months in advance, about the dismissal against signature, to offer vacant positions (Article 180 of the Labor Code of the Russian Federation). An obligatory element of the dismissal procedure is the payment of severance pay in case of reduction and the preservation of average earnings for the period of the second, and in exceptional cases, the third month of employment (Article 178 of the Labor Code of the Russian Federation).

Severance pay

The obligation to pay severance pay is determined by law. Wherein internal documents organization may be provided with an increased severance pay for individual situations or for certain categories of workers, for example, the benefit may be higher for workers who have worked for many years in the enterprise. In addition, an employment contract with an employee or an additional agreement may specify the payment of a severance pay in excess of established by law.

But regardless of the provisions of local acts or categories worker there is mandatory order calculation of the amount of severance pay upon reduction, and in 2017 this procedure has not changed.

Upon dismissal due to redundancy, among other payments, the employee must pay a severance pay in the amount of the average monthly earnings. In addition, if a former employee does not find a job, he will be able to receive benefits for one more month, and in exceptional cases for the third (Article 178 of the Labor Code of the Russian Federation).

But apart from general rule, which determines the amount of severance pay, provides for specific features in relation to certain categories of employees:

• if the employee is concluded fixed-term contract for up to two months, the benefit is not paid;
• if this seasonal worker, then the severance pay is paid in the amount of two weeks of earnings (part 3 of article 296 of the Labor Code of the Russian Federation);
• if the organization is in the Far North, then payments can be made to the employee even if he could not find a job within six months (Article 318 of the Labor Code of the Russian Federation);
• if managers, their deputies, chief accountants of state and municipal companies are laid off, then the amount of severance pay is limited to a maximum amount - three times the average monthly salary (Article 349.3 of the Labor Code of the Russian Federation).

Terms of payment of benefits upon dismissal due to redundancy

The payment of benefits is made on the last day of work, together with the due salary and compensation for unused vacation.

The basis for the payment of benefits for the second month will be the work book of the reduced employee, confirming that the employee is not employed. It is recommended to apply for former employee with a copy of the work book attached. Payment for the third month is made only on the basis of the decision of the employment service.

But with regard to the payment period, the legislation does not specify the period within which the payment should be made. Taking into account the fact that the employee applies for payment after the expiration of the period specified in the legislation, that is, at the end of the second and third months, the payment date can be agreed additionally and indicated in the employee's application.

Downsizing paymentsof the state are called upon to financially support the laid-off employee for the period of his employment. It is not very easy to independently figure out what exactly is due to the employee in such a situation, what is the amount of payments, and also in what period they are provided. We will discuss these issues in more detail in this article.

What are the payouts for layoffs?

In the current unstable economic situation, it is not uncommon for employers to cut staff. It can be 1-2 employees or tens, hundreds of people (for example, during the liquidation of an organization). The procedure and procedure for calculating payments are the same, regardless of the number of employees who have been laid off. The issues of providing guarantees and compensations to citizens who have fallen under the redundancy at work are regulated by Art. 180 hours 3 Labor Code RF dated December 30, 2001 N 197-FZ.

First of all, it should be noted the payments that are due to workers upon dismissal in the general manner; no one exempts the employer from these payments. They include:

• salary not yet received for the last month of work;
• compensation for vacation that the employee did not use for any reason.

IMPORTANT! About the upcoming reduction in the staff of the worker should employer (an order for the enterprise is issued in writing, and all employees are introduced to it against signature) at least 2 months before the dismissal. It is assumed that during this period of time the employee who has fallen under the reduction will be able to find a new job for himself.

There are also compensation payments (regulated by Art. 178 Part 3 of the TKRF), which should help a citizen laid off on a reduction to provide for himself while he is looking for a new job. This is:

• severance pay (calculated by the average earnings of the worker);
• payment in the amount of the average salary for the period until the citizen is employed, but not more than 2 months from the date of its reduction.

Terms of payments in case of reduction of an employee

Consider in order when payments are made upon reduction. On the day of the actual termination of the contract with the worker, they are calculated according to total amount salary and compensation for unused vacation. The payment procedure here is preserved as in the usual settlement upon dismissal of an employee.

In addition, on the day of the reduction, severance pay is paid, since the specified allowance is guaranteed and does not depend on whether the dismissed worker is employed by another employer or not.

Don't know your rights?

After 1 month from the date of the reduction of the worker, no payments are made. After two months from the date of dismissal of the worker, if he has not found a job, at his written request, the employer makes a payment in the amount of the average salary of the dismissed person. When paying such compensation, the already paid compensation (severance pay) is counted.

Severance pay for downsizing

As stated above, severance pay is calculated from the salary of the worker (the average value is taken). It cannot be less than the average monthly salary. A collective or, for example, a regular employment contract with an employee may provide for a different amount - in the direction of increasing the severance pay. Then the reduced employee will receive just such an allowance.

Important: payment of a severance pay does not exempt the employer from paying the bonuses due to the employee, other incentive payments, if they were provided for by the contract.

It should be borne in mind some special cases when payments for reduction are calculated differently, or not paid at all. So, when the payment is calculated upon the reduction of a worker who worked for seasonal work, the average salary is taken for a period of 2 weeks, not 2 months (Article 296, part 4 of the TKRF). Workers who have concluded a fixed-term employment contract for no more than 2 months do not receive severance pay (Article 292, Part 4 of the Labor Code of the Russian Federation). Part-time employees who are fired due to staff reduction (Article 287 part 4 of the Labor Code of the Russian Federation) are entitled to receive severance pay on an equal basis with the rest, but are deprived of benefits in the amount of the average salary for the duration of the device to another employer (while maintaining the main place of work ).

The employer and the employee can agree on an earlier term of dismissal than 2 months. In this case, in addition to the main compensation payments, in relation to the employee who fell under the reduction, payments are also made additionally. Additional compensation is calculated in proportion to the time that the employee did not complete before the generally appointed deadline, also based on the average salary. Other prescribed benefits (day off and for the period of employment with another employer) are also paid.

Payment of average earnings for the period of the device to a new employer

Often there are situations when, in 2 months after the dismissal from the previous job, the worker has not found a new employer. In this case, as mentioned earlier, he is entitled to an allowance in the amount of the average salary for the period of job search (but not more than 2 months), this guarantee is provided by Art. 178 h. 3 TKRF.

However, it happens that a new job was found in the middle of the month, how to calculate the payment? In this case, the reduction payout is calculated in proportion to the time spent searching. That is, if an employee found a job with a new employer on the 7th, then the average payment will be calculated for 6 days of the month during which he was still looking for work.

There is an exception, and the average monthly payment (by decision of the employment service) can be extended for another 1 month (i.e. for the 3rd) if the conditions are met:

• the reduced employee was registered with the employment authorities within 2 weeks from the moment of dismissal;
• for 3 months, the employment authorities did not provide him with a job.

So, we examined what payments are due when an employee is reduced, whether it is a reduction in the number of employees or staff, the liquidation of an enterprise. The problem of layoffs at work will not be so acute for you if all due payments you will receive in full.