Dismissal in connection with the liquidation of the enterprise. Features of termination of a contract with women on maternity leave. Features of dismissal of various categories of employees

Dismissal in connection with the liquidation of the organization should be accompanied by a complex of actions of the personnel department. The employee needs to be warned in a timely manner about impending events, he needs to be paid due compensation, as well as issue documents on labor activity. In addition, you need to send the relevant information to the Inspectorate of the Federal Tax Service and the FSS of Russia.

General rules for dismissal in case of liquidation of an organization

If the organization is liquidated, then all employees are subject to dismissal - as those who this moment perform their labor functions, as well as those on vacation or sick. In addition, for dismissal in connection with the liquidation of the organization even employees with small children, women on maternity and childcare leave cannot be left at work.

When dismissing an employee for this reason, the company must notify in a timely manner:

an employee of the organization;
trade union;
employment service.

It is imperative to accrue and pay the employee the required compensation, to issue and hand over personally a work book and a certificate of income. As soon as the liquidation procedure is completed, all personnel documents must be handed over to the archive. So, let's describe the procedure in more detail.

Dismissal in case of liquidation of the organization: we notify the trade union committee

The primary trade union should be notified of the future dismissal. This must be done 3 months before the termination of labor relations (clause 2 of article 12 of the Federal Law "On trade unions, their rights and guarantees of activity" dated 12.01.1996 No. 10-FZ).

It is allowed to compose a notification in any form. The document should contain a list of employees subject to dismissal, as well as indicate the number of the liquidation decision and the date of the protocol.

Often, workers create a council to sign a collective agreement labor collective... This association is not a trade union organization, and the legislation does not oblige to notify it.

Dismissal in connection with the liquidation of the organization: notify the employment service

The employment service must be notified that layoffs are imminent. At the same time, depending on the scale (mass) of termination of agreements, the time frame in which a message must be sent to the service and the procedure for such notification are established. As stated in the decree of the Government of the Russian Federation of 05.02.1993 No. 99, the simultaneous termination of labor agreements with 15 or more employees.

If dismissal in connection with the liquidation of an organization mass, then the employment service must be notified 2 times:

For 3 months remaining before the start of the dismissal procedure, send Information on the mass layoff of workers in the form given in Appendix 1 to Resolution No. 99.

For 2 months remaining before the start of the dismissal procedure, submit the Information on the released workers in the form given in Appendix 2 to Resolution No. 99. They contain the personal data of each employee, his average earnings, education, profession and qualifications.

The above criteria for mass character are not dogma. Regional authorities are given the right to determine their own scope of this indicator. However, this must satisfy the main principle: the social security of employees must not be violated (part 1 of article 82 of the Labor Code of the Russian Federation, paragraph 2 of Resolution No. 99).

When there is no mass character during dismissals, the employment service can be notified 1 time - within a period of up to 2 months before the start of the dismissal procedure (clause 2 of article 25 of the RF Law "On employment of the population in Russian Federation"Dated 19.04.1991 No. 1032-1).

There is no official form for such notifications. It is allowed to compose a document in any form. It must mention the personal data of the employee, profession, personal working conditions, specialty, etc. From business practice it follows that personnel officers, and in such cases, use the form given in Appendix 2.

Notices should be submitted to the employment office in paper form - in person or by mail.

Warning of employees about dismissal in connection with the liquidation of an enterprise

When dismissal in connection with the liquidation of the organization there are strict deadlines for the employer to meet in order to warn employees about the upcoming termination of employment. This time period should not exceed 2 months. This is done on an individual basis and necessarily under the personal signature of the employee (part 2 of article 180 of the Labor Code of the Russian Federation). In addition, it is necessary to warn in writing by mailing those employees who are on vacation (labor, pregnancy, etc.) or are ill at that moment.

Note! If there are difficulties with the approval of the order by the employee (absent, does not want to get acquainted, etc.), the personnel service can send him a letter by mail. The shipment is made out by registered mail with acknowledgment of receipt. 2 months will be counted from the day on which the employee signed the receipt of receipt of the letter.

The employer has the opportunity to terminate the employment relationship even before the expiration of these 2 months. But this will require the written consent of the dismissed employee. In addition, in the circumstances given, the employee will have to issue compensation. It is calculated from the average monthly earnings and is directly proportional to the time remaining before dismissal (part 3 of article 180 of the Labor Code of the Russian Federation).

To notify seasonal workers, other time standards are provided: the employer is given 7 calendar days (Article 296 of the Labor Code of the Russian Federation). If we are talking about persons with whom labor relations have been formalized for 2 months or less, then only 3 calendar days are given to notify them (Article 292 of the Labor Code of the Russian Federation).

Registration of documents for employees dismissed in connection with the liquidation of the organization

Termination of contractual relations in the labor sphere must be accompanied by an order. Upon dismissal of one employee for correct drafting order should be guided by the T-8 form, if we are talking about a group of employees - on the T-8a form. Such templates are approved by the decree of the State Statistics Committee of the Russian Federation "On approval of unified forms of primary accounting documentation for labor accounting and remuneration" dated 05.01.2004 No. 1.

The company can also develop its own documents for maintaining personnel records (Rostrud letter dated 09/01/2013 No. 2-TZ).

The order should indicate the reason for the termination of the employment relationship. In this case, it consists in the fact that the organization is being liquidated. This area is regulated by the norm specified in paragraph 1 of Part 1 of Art. 81 of the Labor Code of the Russian Federation. The order, in addition, must necessarily contain a reference to the number and date of the decision to terminate the activities of the company.

On the day of dismissal, the employee must hand over the work book (part 4 of article 84.1 of the Labor Code of the Russian Federation). Before this, the personnel service must properly draw up a proper record containing a link to the already mentioned paragraph 1 of part 1 of Art. 81 of the Labor Code of the Russian Federation. Taking the book, the employee signs on the personal card and signs in the book intended for accounting of turnover work books(paragraph 3, clause 41 of the Rules for maintaining and storing work books, approved by the Government of the Russian Federation of 04.16.2003 No. 225).

In addition to the work book, the company must issue the employee a certificate of the amount of payments for which insurance premiums were charged for the previous 2 years (subparagraph 3, paragraph 2 of article 4.1 of the Federal Law "On compulsory social insurance in case of temporary disability and in connection with motherhood" from December 29, 2006 No. 255-FZ). The form of the certificate is approved in Appendix 1 to the order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n.

We hand over documents on employees dismissed in connection with the liquidation of the organization to the archive

Documents relating both directly to personnel and remuneration cannot be stored for less than 75 years (clause 19 of the List of typical administrative archival documents with an indication of the storage time, approved by order of the Ministry of Culture of Russia dated 25.08.2010 No. 558).

HR documents include those that contain information about the hiring, dismissal, transfers, salaries, bonuses, certification of workers.

After the organization is liquidated and removed from the register, the indicated papers on the staffing must be transferred to the archive (municipal or state). To do this, the liquidation commission or liquidator, on behalf of the company terminating the activity, must conclude an agreement with such an archive (clause 10 of article 23 of the Federal Law "On archival affairs in the Russian Federation" dated October 22, 2004 No. 125-FZ).

Outcomes

Upon dismissal, the time frame and procedure for reporting this fact to employees and relevant departments must be observed. Otherwise, the company may be fined for violation of labor legislation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Penalties are stipulated in the range from 35,000 to 50,000 rubles. for companies and from 1,000 to 5,000 rubles. for officials.

Dismissal in connection with the liquidation of an enterprise - This is stress for employees in connection with the loss of earnings. The legislator has provided some guarantees and compensations for them. Meanwhile, unreliable employers, taking advantage of the legal illiteracy of their employees, cover up other types of reforming the firm's activities with the liquidation and force them to quit. on their own... We will talk about all aspects of the dismissal associated with the liquidation of the enterprise in this article.

What is the liquidation of an organization

Liquidation of an organization is a complex and rather lengthy procedure, the ultimate goal of which should be to contact the tax service with the necessary package of documents and exclude the enterprise from the unified state register of operating legal entities or individual entrepreneurs.

The liquidation of a company is carried out voluntarily by the decision of the founders of the legal entity (IP) or compulsorily by a court decision.

In case of voluntary liquidation of an enterprise, a brief scheme of measures looks like this:

It becomes clear that after the completion of all stages of liquidation, the enterprise ceases to exist and it has no legal successors. However, employers often disguise other forms of reorganization of activities as liquidation in order to get rid of unwanted employees for their own benefit.

The difference between the liquidation procedure and other forms of firm reorganization

One can often hear from working citizens: “Our store (office, base) is being liquidated because the owner sold it (changed its name, address, director). And we were asked to write a letter of resignation of our own free will. "

Note! Dismissal of one's own free will is possible only at the request of the employee, and not because of some external circumstances and someone's requests. And in this case, the employer simply does not want to pay his employees upon dismissal.

The liquidation of an enterprise should be distinguished from such changes in the work of the organization as:

change of the owner of the company or management;
change of name, address, location;
reorganization of an enterprise by joining another legal entity or merging two legal entities.

If the owner of the organization changes, for ordinary workers this in most cases does not entail any change. The cashier or the seller, in general, does not care who is listed as the founder of their LLC. If the new owner decides to change the management of the organization and staff, he can carry out the procedure for downsizing, paying employees all due amounts, or dismiss employees by agreement of the parties, also agreeing on the amount of compensation. Changing the name, address or location of the enterprise will not affect the work of the team at all, except for a possible change in the route to work.

In the event of a reorganization, when an organization merges or merges into another, it is obvious that some of the staff becomes redundant, since there is no need for 2 directors, 2 personnel officers, etc. However, this does not mean that the extra people should quit themselves. In this case, the dismissal is also made as part of the downsizing procedure or by agreement of the parties with the payment of severance pay.

The procedure for dismissing employees in the event of liquidation of an organization

Dismissal upon liquidation of an enterprise is subordinated to the algorithm of actions that are spelled out in the Labor Code of the Russian Federation and the Law of the Russian Federation "On Employment of the Population in the Russian Federation" dated 19.04.2001 No. 1032-1. According to these legislative acts dismissal in connection with the liquidation of an enterprise takes place in 5 stages:

The Labor Code of the Russian Federation provides for employees with the opportunity to terminate an employment contract earlier than 2 months before the mass dismissal of employees. Consent to early dismissal on the part of the employee must be written, and the company is obliged to compensate him for the average earnings for the days remaining before the planned dismissal.

Dismissal in connection with the liquidation of the enterprise dedicated to paragraph 1 of Art. 81 of the Labor Code of the Russian Federation. It is this norm that should be recorded in the work book as the basis for terminating the employment contract. However, at the request of employees, another reason may be indicated as the basis for terminating the employment contract:

transfer to another place of work (clause 5 of article 77 of the Labor Code of the Russian Federation);
the worker's own desire (clause 3 of article 77 and article 80 of the Labor Code of the Russian Federation);
an agreement between the employee and the employer (clause 1 of Art. 77 and Art. 78 of the Labor Code of the Russian Federation).

In these cases, the company saves on employee benefits provided upon termination of employment in connection with liquidation.

Severance pay upon dismissal in connection with the liquidation of an organization

The amount of the allowance designed to compensate for the loss of work is established in Art. 178 of the Labor Code of the Russian Federation. When leaving in connection with the termination of the organization's activities, the employee must receive:

1 average monthly salary when calculating;
1 average monthly salary for the period of employment within 2 months

In exceptional cases, by decision of the employment service, a citizen can receive another 1 average earnings if he is not employed within 3 months (with the proviso that within 2 weeks after the dismissal the employee is registered at the labor exchange).

As a rule, 2 average salaries are paid to employees at the enterprise immediately upon dismissal, but in order to receive the 3rd payment, you need to contact the employment service.

In addition to the dismissal benefit in connection with liquidation, each employee must receive the usual payments upon termination of the employment contract:

salary for hours worked;
compensation for unused vacation days;
other payments that may be provided for by internal documents of the organization, for example, a collective agreement.

Payments in case of liquidation of an enterprise to maternity wives and sick leaves

After the company ceases to operate, the most questions arise for those who are preparing to go on maternity leave, are on parental leave or fall ill after being laid off. Meanwhile, the state provides for certain provision for these most vulnerable categories of citizens.

In pp. 3 and 4 Art. 13 of the Federal Law "On Compulsory Social Insurance ..." dated December 29, 2006 No. 255-ФЗ, it is reported that if a former employee of a liquidated enterprise falls ill within a month after dismissal, the payment for sick leave produces the Social Insurance Fund, where you need to apply with documents within 6 months (but it's better not to delay!). The same rules apply to expectant mothers who go on sick leave for pregnancy and childbirth.

As for workers laid off during maternity leave or parental leave, after being laid off, they need to contact the social protection authority at their place of residence. In social security, you need to submit a certificate of the amount of salary for the past 12 months. On the basis of these documents, a monthly benefit will be calculated and paid in the amount of 40% of the average earnings, and not the minimum, as the unemployed.

Important! The childcare allowance will be paid only to those who have not registered with the employment service and, accordingly, do not receive unemployment benefits.

It should be borne in mind that the receipt of benefits for disability, pregnancy and childbirth and childcare through a state organization does not exclude and does not affect the receipt of dismissal payments by employees in connection with the liquidation of the enterprise.

The liquidation of a company implies the complete termination of the legal entity's activities, and its duties do not pass to other enterprises on the basis of succession rights. As a result of the procedure, the legal entity is excluded from the Unified State Register of Legal Entities and ceases to conduct economic activities.

Subsequently, the bankruptcy procedure is the stage of bankruptcy proceedings, the dismissal of employees is no different from the reduction in the normal liquidation.

An integral part of the liquidation procedure is the dismissal of all employees. Until the closure of the enterprise, all settlements with employees are required. The liquidation commission is responsible for these actions during the closing of the company. Her responsibilities include the accrual of all due payments and tax levies until the liquidation and final dismissal of workers.

In fact, the process of dismissing employees coincides with the termination of an employment contract with a reduction in the total number of personnel. But it has one most important distinctive feature: absolutely all employees are subject to dismissal upon liquidation, even those who are endowed by the state with certain social guarantees (single mothers, veterans, pregnant women, etc.).

It is important to take into account that their dismissal is allowed only when the enterprise is liquidated, and not the reorganization of a legal entity. In the latter case, employees can keep their positions.

Stages of dismissal of employees at company closure

The process of dismissal when closing a company is a multi-stage process, it consists of the following steps:

A decision is made on liquidation by the founders and approval is obtained from the Tax Inspectorate. The decision on liquidation must be made in writing, or there is already a valid court decision about it.
Employees, union and Employment Center are notified.
Dismissal orders are drawn up.
The final calculation is made and a mark is made in the labor.

It is worth noting that if, despite the decision to self-liquidate, the company has not closed, employees have the right to declare that they will be reinstated in their previous position.

Usually, not all employees leave at once. ... The former fall under reductions in production shops, then - administrative workers. Last but not least, the dismissal concerns the members of the liquidation commission.

Employee notifications prior to planned layoffs

According to article 180 of the Labor Code of the Russian Federation, all employees of the enterprise must be notified of the upcoming reduction at least two months before the specified event. The dismissal of staff cannot coincide with the date of the closure of the enterprise due to the need for severance pay.

A two-month period is necessary for those dismissed in order for them to find new job... Similar notice periods are provided for the trade union and the Employment Center. If the employer does not meet the specified time frame, he faces administrative liability. Responsible persons will be fined 300-500 rubles, while for the enterprise the sanctions are more serious and amount to 3000-5000 rubles.

Employees can resign without waiting for the appointed time to terminate the contract, but only at their own request. This will not in any way affect the amount of payments due to them due to the reduction. On the contrary, the employee is entitled to additional compensation for the time that was not completed by him before the official layoff.

The employee notification form is not approved at the legislative level, so the liquidation commission has the right to develop it independently. This document should include the following information:

name of the legal entity;
Full name of the employee, his position and department;
details of the company's decision on liquidation;
the date of termination of the contract and the grounds for this.

The document is issued against signature. It is drawn up in two copies, one is handed over to the dismissed employee, the other, with his signature, remains in the custody of the employer.

The employee must necessarily confirm his acquaintance with him. If the dismissed employee refuses to sign, you need to send a notification by registered mail with acknowledgment of receipt. Then you do not have to worry about unfounded claims from the authorities controlling the reduction of violations of the established notification procedure for dismissal.

Employment Service Alert

The company must notify the employment center of the massive layoff in writing. This must be done when liquidating all organizational and legal forms (LLC, JSC) with more than 15 employees. Those. if there are fewer people in the company, then this stage can be skipped.

The deadlines for notifying the regional employment service are set as follows:

30 days with more than 50 people;
60 days - if the number of employees is more than 200.

At the regional level, there may be other time limits for notification. The Employment Law also emphasizes that if liquidation involves massive layoffs, then a three-month period is set aside for notification.

Payment of compensation and severance pay of the dismissed

In the process of dismissing an employee during liquidation, he is paid:

salary and all salary debts (if any) for the hours actually worked;
monetary compensation for unused vacation (in accordance with Article 127) and for additional vacation, if it is required by law;
compensation for premature termination of the employment contract (if this period was less than 2 months after notification);
severance pay(according to Article 178).

Other payments, such as bonuses, are made only at the request of the employer.

Article 140 of the Labor Code of the Russian Federation indicates that all payments are made to the dismissed on the day of termination of the employment contract. Or, if the employee did not work on the specified day (for example, was on sick leave), then no later than the next working day.

When calculating the severance pay, the employee's average monthly earnings for the previous two years are taken into account. But bonuses and allowances that the employee received during the period of service are not included in the calculations.

Article 178 of the Labor Code of the Russian Federation provides for material support for those dismissed by the employer until their upcoming employment. Their relationship with a former employee does not end on the day they leave. The severance pay must be paid at least two more months after the termination of the employment contract.

There is one caveat in the law: if former employees manage to find a new job before the expiration of the two-month period, the severance pay will stop. The Labor Code provides grounds not only for shortening the periods of material support, but also for its prolongation.

So, the two-month period can be extended by one more month if, 14 days after the dismissal, the employee contacted the employment service and two months from that moment and was not able to find a job for objective reasons. This payment is made already from the funds of the Employment Center.

Workers of the Far North receive severance pay for at least three months, and a maximum of six months, according to the decision of the Employment Service.

Compensation payments are subject to personal income tax on a general basis in the amount of 13%. But they are charged with all payments for pension and social insurance. If necessary, the employer withholds alimony from the amount of compensation.

Record in the labor book upon liquidation of an enterprise

When dismissing personnel due to liquidation, an entry about this must be made in the work book with reference to the Labor Code. The book must be issued to employees directly on the day of dismissal. If the company does not have the opportunity to personally issue a document to an employee (for example, due to the fact that he did not go to work on the last day), then in order to exclude claims, it is necessary to send a notice to the employee about the need to obtain a labor certificate or obtain his consent to send it by mail.

In the field of labor in the field, the reason for the dismissal is made a note that the employee was dismissed due to the liquidation of the enterprise with reference to paragraph 1 of 81 of Art. Labor Code of the Russian Federation. It is also necessary to make a note about the termination of the employment contract.

Sometimes unscrupulous employers, in order to save on severance pay, indicate other grounds for separation in labor: for example, their own desire (Article 77, Clause 3 and Article 80) or by agreement of the parties (Article 77, Clause 1, Article 78) ... But according to the law, the employer can only do this with the consent of the parties.

Refuse to sign a dismissal order

Article 841 of the Labor Code indicates the mandatory notification of the employee with an order to dismiss. He must write on the document "I am familiar with the order, date and signature." Of course, no one has the right to force a person to sign, he may refuse. In this case, the refusal must be recorded and an act about it drawn up.

What should the management do in this case? The TC does not contain detailed instructions. But the refusal to sign the order does not serve as a basis for the suspension of the liquidation of the enterprise.

Dismissal of the head of a liquidated company

The procedure for dismissing the head depends on whether he entered the liquidation commission. If he did not become part of it, then the functions of the management of the company are assumed by the liquidation commission headed by a third party. It doesn't have to be a former director. Then his powers are terminated from the moment the liquidation commission begins its work.

When a director is appointed to the position of liquidator, he is the last to leave, after documenting termination of the enterprise. Together with the head, other members of the liquidation commission are dismissed: personnel officers, lawyers, accountants (that is, all those specialists who are directly involved in the closing procedure).

The director's dismissal must be recorded separately. When paying compensation to him, it is allowed to include additional bonuses. Otherwise, the procedure for dismissing a manager is no different from the standard one.

Dismissal of pregnant women at the closure of the company

By general rules pregnant women and maternity workers cannot be dismissed at the initiative of the enterprise, solely of their own free will. This rule has only one exception: liquidation of an enterprise. Before the closure of the company, the liquidation commission is obliged to terminate absolutely all employment contracts with employees, including pregnant women.

If an enterprise closes its branch located far from the head office, then women are dismissed legally, taking into account Article 81 of the Labor Code. But if one branch closes, and a similar company opens in the same area, then the woman is simply transferred to a new division for the same position.

Pregnant women and maternity workers are warned about dismissal on a general basis: 2 months in advance.

If the maternity worker was fired, then the key aspect that worries a woman is how maternity benefits and benefits for the child will be calculated. If a woman did not go on maternity leave before liquidation, then maternity will be paid from Social Security funds. Such pregnant women were in a particularly disadvantageous position: the amount of their allowance would be only 515 rubles. per month.

The amount of the childcare allowance is calculated according to the minimum wage for that year. It does not exceed 3000 rubles. - for 1 child and 6000 r. - for two.

But if the vacation began before liquidation, then maternity leave is charged taking into account the average earnings for 2 years. The care allowance will also be paid as 40% of the average earnings. Initially, it will be transferred by the employer, after the completion of the liquidation procedure, the woman will need to contact the Social Security.

Reduction of retirees and seasonal workers

Such employees of the company are notified of dismissal on a standard basis. Individuals do not receive a severance pay equivalent to the main state. Seasonal workers receive a limited amount of it, equal to their two-week average earnings.

There are some specifics in the timing of notifying employees about their upcoming dismissal. The Labor Code provides for the following time frames:

for pensioners - at least two months before dismissal (there is an indication of this in Article 180);
for persons who have entered into fixed-term employment contracts for less than 60 days - up to 3 days (according to Article 292);
for employees involved in seasonal work - at least 7 days before the upcoming dismissal (Article 296).

Consequences of dismissal and further employment for an employee during the liquidation of an enterprise

Losing a job is always a rather difficult period in a person's life. But the situation in which the former employees of the liquidated company find themselves is not so catastrophic. The Labor Code strictly protects their rights.

So, they are provided with severance pay in the amount of average monthly earnings for two months. For comparison, persons who quit of their own free will are deprived of such a privilege. They can only count on unemployment benefits, the size of which is very small in the Russian Federation.

Perspectives further employment the former employees are quite good. After all, their dismissal is not associated with a violation of labor discipline, but with the closure of the enterprise. Much will depend on their qualifications and personal achievements at their previous job. Employees will have two months to find a new job, because they must be notified in advance.

Assistance in finding a job will be provided to them by the employment center. If desired, they can also receive government subsidies for starting a business.

Usually, if the company is liquidated only nominally, employees who have proven themselves from the best side are employed in a new place.

Of course, being fired during liquidation has its drawbacks. So, this procedure affects even the most socially vulnerable categories of citizens who will find it very difficult to find a new job. These are, in particular, pregnant women and retirees.

There is also a great risk that it will not be so easy to find a new job that matches the skill level of specialists.

If during the liquidation of the enterprise, the employee's rights are violated, then he can complain to the prosecutor's office or the labor protection inspectorate (or immediately write a statement to the court). For claims, there is an appeal period of 1 month.

The liquidation of a company is the complete cessation of its activities. The procedure can be carried out voluntarily or compulsorily. At the same time, the responsibility for the dismissal of employees falls on the personnel department of the enterprise. How to make layoffs without breaking the rules Russian law and without prejudice to the rights of conscientious workers?

Dismissal procedure during liquidation

Dismissal of employees during the liquidation of an enterprise has similar features to layoffs with a reduction in the number of employees. However, if during the reduction of the deprivation of work of certain categories of citizens, then during the liquidation the possibility of maintaining employment for any workers is not provided.

Labor law obliges the employer to make dismissals according to the following algorithm:

Send information about the upcoming termination of contracts to the employment service.
Provide information to the trade union body (if available).
Notify employees about dismissal.
Issue orders for layoffs.
Make an entry in the book about the labor activity of each dismissed.
No later than the day when employees are dismissed, settle accounts with them.

How the informing of the employment center and the trade union is organized

The employment center is required to send a written notice, as well as a list of employees who are losing their jobs. The list, which contains the list of employees, should contain information about the positions they hold, their qualifications and the income they receive.

The deadline for submitting a notice to the center responsible for employment should not exceed 60 days. In case of mass layoffs, the term is increased to 90 days. For violation of the terms of the warning, a fine (up to 5 thousand rubles) is imposed on the enterprise, according to the norms of administrative law.

The union body must be notified in writing 90 days before the event. The trade union notification is informative in nature, that is, the employing organization does not need its permission to carry out layoffs.

Procedure for informing staff

Employees must be notified only in writing. After reviewing the document, the employee must sign it and indicate the date of acquaintance on it. The notification is prepared in 2 copies: one is intended for personnel, the second is given to the worker.

If the person refuses to sign the confirmation, it is necessary to prepare an act of refusal signed by the originator and 2 witnesses, who may be other employees of the company who were present at the refusal. In this situation, the notification should be sent to the address where the person who refused to sign actually resides.

The timing of personnel warning is defined as follows:

Persons working permanently or part-time must be notified 60 days before the start of the event.
Workers with a temporary contract of 2 months or less are notified 3 days in advance.
Seasonal workers are informed 7 days in advance.

If an employee is on an annual vacation or is sick, then the notification is sent by mail or by courier to his actual address. In this case, the person must confirm receipt of the document by signing the receipt or postal notice. Citizens on a business trip are subject to recall.

If desired, the employee can terminate the contract before the expiration of the time prescribed by law for the warning. To this end, he needs to submit an appropriate petition, on the basis of which an order regarding dismissal is prepared, the citizen is issued a book on labor activity, and the calculation is carried out.

What sums of money are due to employees during the liquidation of the company

The amount of money that the employer is obliged to pay must include:

Salary for the number of days worked during the month.
Vacation pay compensation. In this case, the person can use the annual vacation before dismissal. In this situation, the date of termination labor contract will be considered the 1st day after the end of the rest.
Compensation that is paid in case of early termination of the contract.
Severance pay, the value of which is equal to the size of the average monthly income. If a seasonal worker is to be fired, then the allowance is equal to 2 weeks' earnings.

In addition to the amounts listed, if a citizen has not found a new job within 30 days, the employing company must make a payment equal to the average monthly earnings for the 2nd month of no income.

If the employee, no later than 14 days from the date of dismissal, applied to the employment service and has not been employed in the past 60 days, the liquidated organization will have to pay the average monthly salary also for the 3rd month.

In a situation where an employee finds a new job, for example, at the beginning of the 2nd month, the amount of payment for this month will be calculated based on the days when there was no employment.

If an employee who carries out labor activities in the conditions of the North is subject to dismissal, then Art. 318 of the Labor Code of the Russian Federation obliges the employer to pay him an average monthly salary within 3 months (if he does not have an official source of income). In the presence of exceptional circumstances, the period may increase to six months.

If the employer did not warn the worker about dismissal within the time period specified by the law, the employee must receive additional compensation, equal to 2 average monthly earnings. If the organization refuses to pay compensation, the worker has the right to defend his interests in court.

Document preparation rules

The dismissal of employees during the liquidation of the enterprise ends with the preparation of orders for dismissal and the introduction of appropriate entries in the work book. On the last working day, the order is provided to the employee for review. The fact of acquaintance is confirmed by the signature of the dismissed person.

The work book must be issued against a receipt. If it is impossible to get the employee's signature, it is allowed to send the book by mail. In the labor code, it is necessary to indicate that the dismissal is carried out on the basis of Part 1 of Article 81 of the Labor Code of the Russian Federation, that is, as a result of the liquidation of a legal entity or the termination of the activity of an individual entrepreneur.

Features of termination of a contract with women on maternity leave

Dismissal of mothers on maternity leave is carried out according to the general rules. The difference takes place only when calculating the amounts of benefits and compensations. When determining the amount of payments, the average monthly salary is taken for 2 years before going on vacation.

In a situation where the liquidation was carried out before the day the employee leaves on maternity leave, payments will be made by the social authority. When calculating social benefits, the calendar days of the month are taken into account, not the working days.

Dismissal of employees caused by the need to liquidate the company is a daunting task affecting the interests of many people. However, subject to labor legislation it seems possible to terminate the existence of the company and to respect the interests of the persons working for it.

Maintaining and storing work books, making work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225 "On work books" (hereinafter referred to as the Rules), it was established that the reasons for terminating the employment contract are entered in the work book exact compliance with the wording of the article specified in the Labor Code of the Russian Federation or other federal law.

The procedure for making a record of dismissal in the work book

Upon liquidation of a branch, representative office or other separate structural unit located in another area, not independent legal entity, the entry in the work book is made with the wording "Fired in connection with the liquidation of the organization, paragraph 1 of part 1 of article 81 Labor Code Russian Federation". This record is certified by the signatures of the employee and the person responsible for maintaining work books, as well as the seal of the organization being liquidated. It should be borne in mind that this procedure is applied if, in accordance with the charter of the organization, the named structural units have the right to conclude or terminate employment contracts, issue orders on personnel.

Recording in the work book about dismissal when the entrepreneur stops his activities

Labor contract terminated with an employee if the individual entrepreneur ceases to operate on the following grounds:

the entrepreneur personally made a decision to terminate his activity or refused to extend the term of the license provided for by the legislation for the implementation of certain types of activity;
the entrepreneur has been declared insolvent (bankrupt);
By the tribunal's decision;
expired certificate state registration natural person as an individual entrepreneur.

The entry in the work book will be made in accordance with the rules established by clause 35 of the Rules and clause 5.3 of the Instruction, with the wording “Fired due to termination of activities individual entrepreneur, paragraph 1 of part 1 of article 81 of the Labor Code of the Russian Federation ". Then the record must be certified by the signatures of the employee and the person responsible for maintaining work books, and if the individual entrepreneur does not have such a person, the individual entrepreneur personally, as well as the seal of the individual entrepreneur.