Payments upon dismissal of an employee (2017). Labor Code

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

Reduction

Downsizing inevitably brings change staffing table. Whether the number of employees is reduced - the number of employees filling the same positions is reduced, or the staff is reduced - positions or entire departments are excluded from the staffing table.

Payments for staff reduction 2017

When staffing is reduced, all employees dismissed on this basis must be paid severance pay. This guarantee is enshrined in Art. 178 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 benefits if such an opportunity is enshrined in the contract - labor or collective.

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

Only in exceptional cases can financial support be extended for a third month. To do this, you need a decision from the employment service authority. Service employees can take the side of the employee if he turns to them for help in finding employment within two weeks after dismissal, but by the third month after dismissal he finds new job It didn't work out that way.

Payments in case of staff reduction to individual employees

• laid-off employees from organizations in the northern territories (the Far North and areas equivalent in status) are entitled to severance pay in the amount of average monthly earnings. During the period of searching for a new employer, they have the right to count on payment of their average monthly earnings for three months after dismissal (including severance pay) (Article 318 of the Labor Code of the Russian Federation). If workers in the north apply to the employment service no later than a month after dismissal, then financial support will remain for them for up to six months. This is provided that the service was unable to employ them earlier;
• Seasonal workers have the right to receive 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 part-time workers are laid off?

A part-time worker may also be laid off. He, like the main employee, has the right to guaranteed severance pay. But a part-time worker does not have the right to retain his average monthly earnings while looking for a job. After all, this assistance is targeted - for those who are not employed. And a part-time worker besides extra work has another main job. After being laid off part-time, he does not lose his place at his main job.

When and by whom are redundancy payments made?

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. The former employee will need to show the company management his work record, which will show that he is not yet employed. The average salary is retained by the employee for a certain period of time (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 to the employment service after dismissal and was not employed by this body for three months, then the employee has the right to count on payment of saved earnings for the third month without work (and for northern workers up to six months). For this purpose, in addition to the statement and work book you need to submit the decision of the employment service to the employer.

Severance pay and retained earnings while looking for work are paid at the expense of the employer who made the reduction.

During economic crisis Many enterprises are laying off their employees to optimize operations. In this regard, for most people, both for the heads of organizations and for their employees, the question of what severance pay should be paid in the event of a layoff and how to calculate it is very relevant.

Reduction

According to the Labor Code of the Russian Federation, one of the reasons for the cancellation of an employment contract is a reduction in the staff or number of employees of the enterprise.

A workforce reduction is a reduction in the number of workers in one position. For example, the reduction of three accountants out of eight. And staff reduction is the disbandment of a department or the elimination of identical staff units (i.e., for example, all engineers or all controllers). In both cases, the employer must follow the law: provide sufficient grounds for carrying out these procedures, provide the employee with all the guarantees and compensations required upon termination of the employment contract (pay severance pay when the employee is laid off, ensure a preferential right to remain in office, etc.) . P).

The reduction procedure involves the following steps:

• issuance of an order;
• notifying employees and offering them other job vacancies;
• informing the Employment Center and the trade union;
• dismissal of workers (as well as the statutory payment of severance pay in case of layoffs).

Issuance of an order

As soon as the manager decides to make reductions at the enterprise, he must issue a corresponding order. The mandatory form of this order is not established by law, but the boss must take full responsibility for its preparation.

The order to carry out reduction measures at the enterprise must indicate the date of the upcoming procedure and the changes that are expected to be made to the staffing table.

Notification to employees

After the manager has issued a layoff order, he must notify each employee in writing of the upcoming dismissal. However, this must be done no later than 2 months before the workers are removed from work.

A separate notice is drawn up for each laid-off employee, which is handed to him personally against signature. This document indicates the date and reason for dismissal.

Along with the notice of layoff, the employer is obliged to provide the employee with a list of available jobs (if any). If the worker agrees to switch to new position, the boss formalizes his transfer. The manager is obliged to offer available vacancies as they become available until the day the employee is dismissed.

Informing the employment service and trade union

In addition to the fact that employees must be informed about the dismissal directly, the employer notifies the Employment Center and the trade union of this fact. The boss two months before the proposed dismissal (and in cases mass layoffs- three months in advance) is obliged to notify these organizations about the upcoming event.

At the same time, the trade union must be informed both about the reduction of employees included in it, and about all other dismissed workers.

Dismissal of an employee due to reduction

After two months from the date of notification to employees, their immediate termination is carried out. labor activity. To carry out this stage, the head of the organization issues dismissal orders, as a rule, in form No. T-8. In this order, in the “Grounds” column, reference is made to the reduction order, and, if available, to the document in which the employee expressed his consent to dismissal before the end of the warning period.

On the last working day, the worker must be paid severance pay in case of layoffs and must be given a work book. As for the entry in it, a corresponding note is made with reference to Art. 81, part 1, clause 2, Labor Code of the Russian Federation.

Severance pay

Severance pay in case of layoff is a material payment to an employee of an enterprise upon his dismissal due to a decrease in the number of employees or staff of the organization. This type of compensation includes the average monthly salary, as well as the average monthly salary retained by the employee for the period of employment, but not more than 2 months from the date of dismissal (taking into account severance pay).

In some cases, such payments can amount to three average monthly salaries: in situations where the employee registered with the Employment Center within a period of up to two weeks from the date of his layoff and was not employed after 3 months.

Severance pay when personal income tax is reduced is not taxed according to Art. 217, clause 3 of the Labor Code of the Russian Federation. The exception is payments exceeding three months' salary.

By collective agreement or labor agreement, the amount of compensation for redundancy may be set higher than that established by law.

Benefit calculation

Since the payments in question amount to several average monthly wages, the amount of severance pay in case of reduction is calculated in accordance with Art. 139 of the Labor Code of the Russian Federation and Decree of the Government of Russia No. 922 of December 24, 2007, regulating the calculation of wages.

The average salary of an employee under any working regime is calculated on the basis of funds actually accrued to the employee and data on the time practically worked by him for the 12 previous calendar months.

The calendar month in this case is the period of time from the 1st to the 30th/31st day of the month inclusive, and in February - to the 28th/29th.

The calculation of wages includes all forms of payments permitted by the wage system, which are used by the employer in question, regardless of their sources. The average salary of an employee cannot be less than the minimum subsistence level established by law.

The amount of cash payments to employees does not depend on their age, length of service or skill level. For example, severance pay when a pensioner is laid off is calculated on a general basis.

Period and charges included in the calculation

In cases where an employee works at an enterprise for less than 12 months, the time during which the person was registered in the organization is taken to calculate the average monthly salary and, accordingly, severance pay. If the worker has not worked even a month before being laid off, then the tariff rate or salary established for him is used for calculation.

When calculating the average salary, the following are not taken into account:

• the time when the employee retained the average wage, except for breaks for feeding the child, which are provided for by the labor legislation of the Russian Federation;
• days on which the employee was on sick leave or received maternity benefits;
• the period of failure by the employee to perform the required work for reasons beyond his control;
• the time of a strike in which the employee did not participate, but could not perform his direct duties in connection with it;
• additional paid days off to care for disabled children;
• other periods during which the worker was exempt from performing his duties job responsibilities with full or partial retention of wages or without it.

It should also be taken into account that when calculating salary, bonuses received by the employee for reporting period. If these remunerations were received by a person who did not work for 12 full months, the amounts of such receipts are taken into account in proportion to the actual time worked (with the exception of those bonuses that were accrued for the practically worked period, for example, monthly or quarterly).

Additional compensation

In addition to the fact that the employee must be paid the required severance pay upon layoff, at the time of dismissal the worker is also entitled to other payments.

So, for example, an employer can, with the written consent of an employee, dismiss him earlier than the deadline established by the layoff order. In this case, the boss is obliged to pay the subordinate additional compensation, which is the average salary of the employee, calculated in proportion to the time remaining before the end of the notice period for dismissal. Such compensation does not imply that the basic severance pay will not be paid in the event of a layoff.

Along with the specified material compensation, the employee receives a salary for the period worked and compensation for unused vacation.

Severance pay for certain categories of citizens

The Labor Code of the Russian Federation and other legislative acts provide for a different size of severance pay upon layoffs for certain categories of employees that differs from the general amount.

So, for example, compensation for employees working at enterprises located in the Far North or territories equivalent to them is the average monthly earnings, as well as the average monthly salary for the period of employment, but not more than 3 months from the date of dismissal (taking into account the benefit). These employees may be paid compensation for subsequent months for up to six months by decision of the employment service if the employee applied to the specified body within a month from the date of dismissal and was not employed by them.

In situations where workers employed in seasonal work, the benefit in question is two weeks' average earnings.

Other guarantees for employees upon layoffs

At the same time, that an employee is given severance pay in the event of a reduction in staff, the Labor Code of the Russian Federation also provides other guarantees for employees in the event of a reduction. These include, for example, the priority right of certain categories of workers to remain in their workplace.

Thus, a manager, when choosing from several candidates for dismissal, must take into account that:

2. Preference is given to those employees who have greater labor productivity and qualifications. In cases where these indicators are equal, the following is left at the workplace:

• employees if they have 2 or more dependents;
• workers in whose family there are no other people earning money;
• workers who received injuries or occupational diseases at work;
• disabled military personnel;
• employees who improve their qualifications at the direction of the employer on the job.

To summarize, we can note the following:

• in the Russian Federation, the reduction procedure is regulated at the legislative level;
• The Labor Code of the Russian Federation and other regulations establish the rules by which staff reductions, severance pay and other compensation to dismissed employees are made;
• The law establishes minimum severance pay and additional payments, but a collective or labor agreement may establish other, larger amounts.

Payments for staff reductions: 2 main reasons for layoffs + 7 categories of workers who need to be least afraid of dismissal + 3 types of payments + 5 useful tips.

Reduction of staff is an unpleasant procedure both for employers and for the employees themselves.

But sometimes you have to take such unpopular measures in order to save your business and prolong your life state company and be able to get back on your feet.

The minds of employees who have learned that they will soon lose their jobs are worried about redundancy payments.

How much money can you get and will it last until you find a job again.

In principle, it will be enough, but only on the condition that your search does not drag on for many years or you do not squander the entire amount in one evening with friends in a nightclub.

Staff reduction: what is it and what payments can you expect?

Typically, the most common reasons for staff reduction are two:

1. Financial problems that lead to the need to fire some employees in order to save money and save the company.
2. Reorganization of an enterprise, for example, a merger of two companies occurs or production is moved to another city.

There may be other reasons, for example, mechanization of the production process. Remember from history lesson the riots and sabotage of factory workers when the owners began installing equipment and abandoning manual labor?

Now, of course, most production is already mechanized, but the improvement processes at good enterprises never stop.

Whatever the reason for the reduction in staff, it is very unpleasant for those who are on the “black” list.

If management plans mass layoffs, it must issue an order in writing:

This type of order is drawn up without mentioning the names of employees who are subject to reduction. This is most likely a paper that informs that changes are coming to the company and not everyone will survive “troubled times” in their workplace.

Of course, the release of such a document will lead to unrest among the staff. Everyone will begin to think about what exactly to expect: job security or a dismissal order.

• irreplaceable specialists who have made a great contribution to the development of the company;
• long-lived workers (with the exception of pensioners, who are usually the first to be laid off);
• mothers on maternity leave (they can be fired only when the company ceases its activities altogether);
• those who are the only breadwinner in the family (this is provided that you are a good worker and your superiors have a conscience);
• those who received an occupational injury at this place of work;
• combatants;
• inventors, developers of strategies, innovation proposals, etc.

Everyone else should worry. You won’t have to worry for long, because soon management should issue the following orders to each of the employees who were laid off:

Such an order is drawn up two months before the upcoming dismissal.

Each of the specialists who was familiar with such an order drawn up in their name can count on cash receipts.

What types of redundancy payments are there and are they taxable?

There are three main types of cash payments that workers who have been laid off can count on.

Redundancy payment No. 1: severance pay.

In article 178 Labor Code RF you can find information about who and in what amount:

If you are laid off, you will definitely receive such benefits.

Its amount will be different for different categories of workers and it depends on:

Your official salary.

Let's say you get 20,000 rubles, and your boss gets 40,000 rubles. Now you both have been laid off, which means that the amount of severance pay for you will be 20,000 rubles, for the boss - 40,000 rubles.

Employment contract.

Sometimes in employment contract indicates the amount of severance pay for an employee if he falls under layoff without reference to his wages.

If you signed an agreement stating that your payment will be 30,000 rubles, then that is what you will receive. And your salary of 70,000 rubles will not affect anything.

Redundancy payment No. 2: wages.

It's about not about the standard wage that you should receive for the period worked, but about wages as part of the payments that are due to people who have been laid off.

You will be paid for 2 months from the date of dismissal.

Did you receive 15,000 rubles a month? This means that you will receive 30,000 rubles in your hands.

It is important to remember that you can count on a longer period of cash receipts if you become employed within two weeks after your dismissal. previous place labor registration with the employment service, rather than rushing to immediately look for a new job.

If the employment service cannot find you a job within two months, then you will also receive assistance from the state.

So, forced idleness has its advantages.

Redundancy payment No. 3: additional remuneration.

Additional remuneration is the money you receive in addition to your salary for the last 2 months and severance pay.

There are three types of such additional payments:

№	Name	Explanation
1.	Compensation for unused vacation	If you did not have time to take your annual compulsory leave for the past period, then you can get for it monetary compensation. Payments will be the same as previous vacation pay.
2.	Benefit for illness or injury	If you were sick or injured in the last 30 days before leaving your job, you must receive benefits from your employer. You will receive money only if you have taken out official sick leave and regularly paid into the social insurance fund.
3.	Bonus from a good boss	This payment cannot be called mandatory, because it depends only on the goodwill of your superiors. If you have a kind and fair employer, and you were an excellent employee, you can receive a farewell bonus.

Taxation of payments upon staff reduction

You can often hear the question of whether the amount that an employee who is laid off without his consent will be taxed?

There are two answers to this question:

Your finances are not subject to taxes.

This happens if your severance pay is no more than the average monthly salary you received in this company.

This often happens when, wanting to save money, an employer specifies a small amount of severance pay in an employment contract and pays in an envelope. Another reason why you will receive all the money in your hands without taxation is the early termination of the contract that the employer entered into with you.

Funds are subject to standard taxes.

Who can and who cannot count on redundancy payments?

I don’t know whether you will be surprised or not, but the fact remains: not every person can count on financial assistance when contracting.

Sometimes the workers themselves are to blame for the fact that they have to leave for a new job without a penny in their pocket.

1. Payments in case of staff reduction and labor legislation

According to the labor legislation of the Russian Federation, cash payments must necessarily be accompanied by a reduction in staffing levels in the company.

But we know that not all employers comply with labor laws. Sometimes they need to be reminded that you, as an employee, have rights that cannot be violated.

1. Be sure to obtain documentary evidence that you are being fired due to layoffs: ask for an order drawn up in writing by management.
2. Don’t agree to a compromise (“Come on, you leave by or by at will"), otherwise you won't see the money you're due. If they want, let them cut it.
3. Make sure in advance that you are officially employed, otherwise you will not be able to prove that you worked here, which means you are entitled to payments.
4. Receiving severance payments is yours legal right, which must be protected by all means, including legal proceedings.
5. Don’t argue with your boss if you are on the black list, but the employer is ready to pay you severance pay. The situation is vital and should be perceived as new opportunities, not punishment. If you shout and demand special treatment, you may be left without additional bonuses that some employers offer their employees.

And in general, you need to say goodbye to any team and management as a human being, and not in a state of euphoria from the fact that you no longer work here, make a scandal and row.

Think better about the fact that the manager who you manage to annoy before you leave can easily ruin your reputation and certainly will not give his positive recommendations.

Dismissal due to staff reduction. Algorithm of actions.

What payments are due upon redundancy? False compensation.

2. “Where is my redundancy payment?”

Inga worked as one of 6 bowling club administrators.

While the owner was just promoting the business, he arranged for all his employees to earn the minimum wage.

Later, when the club became popular in the city, he offered all employees to receive a “white” salary.

Some agreed, some refused. Among those who refused was Inga, who did not want to pay taxes to the state.

3 years have passed. The bowling club has changed owners, who decided to reorganize the newly acquired business.

Some workers were laid off, Inga was among them.

Those who received “white” wages received normal payments. Inga received her minimum wage in the amount of 7.8 thousand rubles.

Outraged: “Why did Anya get paid 50,000 rubles, and me only 20,000?!”, she heard in response: “Because there was no need to be such a fool and agree to legal employment.”

So, sometimes the desire to deceive the state boomerangs painfully.

But Inga received at least something, but if you are not officially employed at all, then you will not receive any redundancy payments. Your employer will wave goodbye to you and send you off with empty pockets to look for a new job.

Upon dismissal due to layoffs of citizens in accordance with the provisions of Article 77 of the Labor Code of the Russian Federation and other requirements labor legislation, provides for the termination of an employment contract drawn up earlier. In addition, the parties have the right to draw up an agreement based on the application of the rules of Article 78 of the Labor Code of the Russian Federation. After this, mutual settlements between the employee and the employer are required.

Labor Code of the Russian Federation, Article 78. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

In addition, persons dismissed due to staff reduction, which is permitted by the provisions of Article 81 of the Labor Code of the Russian Federation, have the right to claim severance pay upon dismissal due to staff reduction. These are provided in an amount proportionately calculated from the amount of previously received wages.

So, what kind of redundancy payments are due to a dismissed person and what kind of compensation is due when staffing is reduced?

The employer must compensate for the period of forced downtime and adaptation when moving to a new place of work.

Consist of the following main components:

• earnings for days worked;
• compensation for missed vacation;
• additional compensation;
• benefits for the period of employment.

ATTENTION: Accruals cannot be less than one minimum wage (minimum wage) calculated for the period of time worked.

Some of these funds are issued immediately after dismissal, and some remain as a potential opportunity to receive payments in case of job reduction and compensation under appropriate accompanying circumstances, which will be discussed below.

Payments upon dismissal of an employee on the day of dismissal

The day of dismissal is considered to be the last working day, which is established by order on the basis of the provisions on staff reduction or by agreement drawn up by the parties. Regulated by the provisions of Article 79 of the Labor Code of the Russian Federation. On this day, upon request, the employee is provided with a completed work book and payment of severance pay upon dismissal due to staff reduction.

What is severance pay when an employee is laid off? Severance pay when reducing the workforce is an accrual provided only for persons officially employed by the employer - with the conclusion of an employment contract and registration of a work book. They include the amount for working days worked, allowing for the accrual of bonuses and other payments to the employee in case of staff reduction.

The accrual is added to them compensation payments when an employee is laid off for unpaid vacation days. When an employee is laid off, severance pay is accrued as additional compensation or compensation for unforeseen risks during dismissal.

Earnings for working days are always accrued, even if the employee worked as a part-time worker, seasonal worker, etc.

This is an essential element of severance pay, which consists of the accrual of earnings or part of earnings commensurate with what is established in the employment contract.

When calculating it, the accountant calculates the number of working days worked but not previously paid.

Their number is multiplied by the amount of daily earnings. If the agreement of the parties specifies the payment of bonuses, they are accrued in proportion to the number of days worked.

In the absence of agreement between the parties, such an initiative may be taken by the employer, or based on previously established provisions of the employment contract or other regulations and trade union documents.

Compensation for unused vacation is accrual made in favor of permanent employees for whom the provisions of labor legislation provide for annual leave. Their size depends on:

• number of days off;
• average earnings.

The number of days presented for payment depends on the number of months that have passed since the completion of the previous vacation and the duration vacation period. For example, a specialist is entitled to 24 working days of vacation - this amounts to 2 calendar days, accumulating in each month.

Accordingly, if the dismissal took place 8 months after the specialist returned from vacation, he is entitled to pay 16 working days in the form of the indicated compensation.

Additional compensation is accruals that are issued to persons who draw up an agreement to terminate an employment contract. Their scope is regulated by the provisions of the agreement or at the discretion of the employer.

IMPORTANT: The employer can provide additional compensation when reducing the number or staff of employees, but is not obliged to do so. Accordingly, claim this type The resigning employee is not entitled to payments.

Additional compensation payments when an employee is laid off can be paid either as a lump sum or in installments, in a manner convenient for the parties. The amount must be precisely defined in the terms of the agreement.

Average earnings for the period of employment - these accruals are provided for in all cases when, at the initiative of the employer, a person who conscientiously performs functional duties is dismissed.

As the average earnings, use the commensurate earnings for Last year, from which payments received under social insurance– for being on sick leave, maternity leave, etc.

If, as a result of calculating average earnings, it turns out to be lower than the minimum wage provided for by law, it should be raised to the established minimum amount.

The average earnings received are calculated in the amount of working days calculated over two months. At the discretion of the employer, if the dismissed person was previously accrued a fixed salary, two months' salary may be issued.

Contributions and taxes. In Labor legislation, when citizens are dismissed due to staff reduction, the provisions of Article 178 of the Labor Code of the Russian Federation come into force, which repeal the force of Articles 208, 212 of the Tax Code.

That is, tax withholding is not made in this case. However, Article 178 establishes restrictions on the amount of payments upon dismissal due to staff reduction, and the remaining funds exceeding the established standards are taxed in the general manner.

In established cases, contributions to the Social Insurance and Pension funds are deducted from the average daily earnings and vacation pay compensation.

In what cases is the benefit accrued for the second month?

Sometimes an employment contract or a collective labor agreement, as well as other regulations personnel proceedings provide for the accrual of benefits in the second month after dismissal. For the second month, compensation payments for dismissal due to staff reduction are provided to the dismissed person as financial support for the period of prolonged adaptation after the reduction.

Such a legal precedent is permissible within the scope of Article 178 of the Labor Code of the Russian Federation. The benefit is paid only if an employee dismissed due to staff reduction was unable to find a job due to objective circumstances beyond his control.

These accruals are made from the employer's budget, in the amount of the average monthly salary or basic earnings. It is allowed to calculate the average daily earnings, without accrual of bonuses and minus the payment of insurance benefits, but not less than the minimum wage.

Additional payments in case of staff reduction for the second month are provided regardless of the fact that the dismissed person has already received compensation in the amount of two months' salary (average earnings).

Here it is also possible to receive additional compensation if it was provided for by agreement of the parties and postponed to the second month.

How to receive payment for the third month?

If an employee dismissed due to staff reduction was unable to find a job within two months, then the third month can also be paid. In this case, it is impossible to demand mandatory payment by the employer for forced absence.

This will require an official application from the Employment Service. For persons who are not registered with the local branch of the Employment Service, such benefits are not provided..

What does an employee have to do in case of staff reduction? After submitting a formal application submitted former employer and attached to a handwritten application, the employer accrues the last payment provided as severance pay for the employee dismissed by him.

Its volume is also based on the average monthly earnings provided for the second month of forced unemployment.

REFERENCE: If the recipient of the benefit was employed within a month, then payment is allowed when reducing only the period (number of days) when he was not employed.

More detailed information about severance pay in case of staff reduction is presented in this video:

Unemployment benefit

In the subsequent period, a citizen who is not employed due to redundancy applies for unemployment benefits.

To do this, you need to register with the local employment service office, write an application and attach documentation:

1. passport;
2. diploma, certificates and other documents on education (qualifications);
3. certificate of average earnings from a former employer;
4. work book.

The benefit is accrued after registering as an unemployed person on the employment exchange., but not earlier than the day before which the unemployed receives benefits and other compensation from the employer.

The amount provided for payment as a benefit to the unemployed is provided by decision of the administrative commission, in amounts from 850 rubles to 4,900 rubles. Payments are calculated from the regional budget, so a regional coefficient may be added to the basic amounts.

The duration of benefit payment is based on objective reasons and is carried out:

1. until official employment through the exchange or through independent searches.
2. If a citizen cannot find a job despite the conscientious actions of the SZ inspectors - until the moment of three times unjustified refusal of a suitable job provided to him.
3. If a citizen does not appear to the inspector supervising him without warning of a valid reason within a month.
4. Before going on parental leave, when the payment of social benefits begins.
5. Until you receive other subsidies and benefits that can be considered as income. Including old age or disability pensions.
6. Before being called up for military service.

REFERENCE: Full-time students who do not receive a scholarship do not receive unemployment benefits.

What determines the amount of each benefit?

The amount of payments due when an employee is laid off depends on the following related reasons affecting the accrued amount:

• salary (other income);
• the number of days allocated as vacation pay;
• payment provisions included in the agreement;
• employer's decision.

In the second and third months, the benefit amount is based only on average earnings (salary).

The employment exchange calculates benefits based on various nuances. Persons laid off due to staff reduction who registered as unemployed in a timely manner may qualify for the maximum benefit amount.

What to do if the employer does not pay compensation for staff reduction?

The procedure for paying compensation during layoffs is regulated by the provisions of Article 13 of the Labor Code of the Russian Federation. The calculation and issuance of the required severance pay is provided to citizens on the last working day, which is considered the day of dismissal.

This procedure is supplemented by Article 140 of the Labor Code of the Russian Federation, which allows the issuance of settlement benefits later, but for reasons of valid absence of the dismissed person on the day appointed for issue.

Labor Code of the Russian Federation, Article 140. Payment terms upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

ATTENTION: The absence of an employee from the workplace on the day of dismissal without a valid reason allows imputation disciplinary action, with a review of the grounds for dismissal.

Any violation of the established regulations by the employer is considered a violation of labor legislation. These actions are mainly divided into two types:

• violation of delivery deadlines;
• arrears during accrual.

The following authorities are responsible for protecting the civil property rights of employees, which can intervene in the unfair actions of the employer. Among them:

• trade union;
• State Labor Inspectorate (STI);
• prosecutor's office;
• arbitration or civil (general jurisdiction) court.

In case of arrears during accrual, the employee is required to receive the accrued amount in his hands, and for the remaining (claim) amount to submit a notification claim to the manager, with a warning of the intention to appeal.

If the payment is not issued on the last working day, it is permissible to submit a notification at the end of the working day, also addressed to the head of the organization.

At the same time you can contact trade union organization at the place of work by writing a statement of violation labor rights, addressed to the chairman.

IMPORTANT: Submitted notification documents must be registered by a specialist in the general department or submitted against signature by an authorized executive on the second copy.

If the applicant does not receive an immediate response, with a certificate from the manager about the restoration of his violated rights, the next day he can file a complaint with the State Tax Inspectorate. If the employer’s dishonest actions do not stop, it is permissible to contact the prosecutor’s office.

In another case, when the employer has set a deadline for restoring the violated rights of the employee, but has not corrected the violation, it is advisable to file simultaneous complaints to the State Tax Inspectorate and the prosecutor’s office.

Going to court is a last resort measure, which is used after preliminary attempts to resolve the issue out of court. You can go to court:

1. if consideration of the complaint by the State Tax Inspectorate and the prosecutor's office is rejected, within 10 days after receiving a reasoned refusal.
2. If these authorities did not find any violations, then within 10 days after receiving an extract from the decision of the inspector or prosecutor’s inspection.

The statement of claim is written in the form established by 131 Code of Civil Procedure of the Russian Federation. Served locally legal address the defendant, who will be the employer (Article 35 of the Arbitration Procedure Code, 28 of the Code of Civil Procedure of the Russian Federation).

Arbitration Procedure Code of the Russian Federation, Article 35. Filing a claim at the location or place of residence of the defendant

The claim is submitted to the arbitration court of the subject Russian Federation at the location or place of residence of the defendant.

Article 28. Filing a claim at the place of residence or location of the defendant

The claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed in court at the location of the organization.

In certain cases, the material is transferred to the court by a GTI inspector or prosecutor.

Employer's liability

Based on Article 236 of the Labor Code of the Russian Federation, the head of the company, based on the results of an inspector and prosecutor’s audit, may be subject to penalties, including recording them in his personal file.

In addition, dishonest attitude towards fulfillment functional responsibilities, leading to a violation of the rights of members of the labor collective, leads to the imposition of penalties.

The fines vary.

In case of malicious violation of workers' rights, on the basis of abuse of official duties, criminal liability may be imposed.

In this case, the official guilty of violations may, by a court decision, not only pay a fine, but also receive restrictions on the management of the organization.

All fines and other types of punishment imposed on the employer do not cancel the responsibility to pay the required severance pay to the employee.

Incorrect (downwards) accrual of benefits or failure to provide them in a timely manner are considered dishonest actions of the employer and require defending one’s legal rights.

The article contains the main provisions that will help determine the amount of severance pay due.

At the initiative of the employer, the dismissal of an employee may occur in the event of a reduction in staff or numbers, and prerequisite such dismissal must be competent documenting dismissals - notification to the employee certain period, job offer. In addition, severance pay must be paid upon dismissal due to staff reduction (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).

Dismissal procedure due to staff reduction

Quite often, dismissal on this basis is contested by the employee due to non-compliance with procedural issues. What is necessary for fair dismissal?

First of all, the organization must have a real reduction in staff, that is, the position being reduced must actually be excluded from the staffing table, and not renamed. This may be the case if some of the job responsibilities no longer need to be performed, and the rest is redistributed among other employees. In addition, it is necessary to inform the employee about the dismissal in advance, at least two months in advance, against signature, and offer vacant positions(Article 180 of the Labor Code of the Russian Federation). A mandatory element of the dismissal procedure is the payment of severance pay in case of layoffs 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).

Amount of severance pay

The obligation to pay severance pay is determined by law. At the same time, the internal documents of the organization may provide for increased severance pay for certain situations or for certain categories of employees, for example, the benefit may be higher for employees who have worked for many years at the enterprise. In addition, in the employment contract with the employee or in additional agreement may indicate the payment of severance pay in excess of that established by law.

But regardless of the provisions of local acts or categories labor worker There is mandatory procedure calculation of the amount of severance pay in the event of a reduction, and in 2017 this procedure did not change.

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

But besides general rule, which determines the amount of severance pay, provides for specifics in relation to certain categories of employees:

• if a fixed-term contract is concluded with an employee for a period of up to two months, then the benefit is not paid;
• if this is a seasonal worker, then severance pay is paid in the amount of two weeks’ earnings (Part 3 of Article 296 of the Labor Code of the Russian Federation);
• if the organization is in the Far North region, then payments can be made to the employee even if he was unable to find a job within six months (Article 318 of the Labor Code of the Russian Federation);
• if managers, their deputies, and chief accountants of state and municipal companies are laid off, then the amount of severance pay is limited to the 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 staff reduction

Payment of benefits is made on the last day of work along with the due wages and compensation for unused vacation.

The basis for payment of benefits for the second month will be the work book of the laid-off employee, confirming that the employee is not employed. It is recommended to obtain an application from former employee with a copy of the work record attached. Payment for the third month is made only based on the decision of the employment service.

But as for the payment period, the legislation does not indicate when the payment must 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 date of payment can be agreed upon additionally and indicated in the employee’s application.