Terminate the employment contract with the laid-off employee early. Calculation of payments for early dismissal due to staff reduction: examples of compensation calculation. Payments in case of early dismissal

For excavation work 23.01.2024

For excavation work

Payments in case of early dismissal at the request of the employee

Almost every employee at least once in his professional activity is faced with the so-called optimization of personnel or the reduction of positions that, for one reason or another, are no longer needed by the management of the enterprise. But, given that the dismissal of an employee still occurs at the initiative of the employer due to production reasons, and not through the fault of the employee, a number of benefits and compensations are established at the legislative level, in particular, severance pay and payments for early dismissal at the request of the employee.

Normative base

In accordance with Article 180 of the Labor Code of the Russian Federation, when reducing individual staff positions, the employer is obliged to notify each dismissed employee of dismissal two months in advance, thus giving them the opportunity to complete current affairs, use well-deserved vacation or time off, and also decide on subsequent employment, but already at another company.

Of course, not all employees can find a new position within two months that would be equivalent to the one they lose due to layoffs.

In accordance with the law, when workers are laid off, they are paid severance pay in the amount of average earnings, which goes towards the first month after dismissal, and after the second month, another is paid if the former employee confirms the fact of lack of employment by presenting a work book without a corresponding entry.

However, some employees, after receiving notification of layoffs, still find another job quite quickly, which forces them to choose: work for another two months and receive severance pay, or find a job at another enterprise and lose the provided guarantees in connection with the dismissal. Considering that there is no fault of the employee in the dismissal, guarantees are provided at the legislative level for dismissed employees who nevertheless express a desire to terminate their employment relationship ahead of schedule.

Entitled payments

In particular, Part 3 of Article 180 of the Labor Code of the Russian Federation provides for the right of an employee to dismiss early due to reduction with payment of severance pay in the amount of average earnings for each day from the date of early dismissal until the date of dismissal specified in the notice. For example, if an employee terminates his employment two weeks after receiving the notice, he is entitled to compensation for the remaining month and a half in the amount of average earnings.

In accordance with the norms of Article 140 of the Labor Code of the Russian Federation, the released employee is also entitled to compensation for all days of unused vacation and wages from the date of the last payment in an amount not disputed by either the employee or the management of the enterprise. If the worker does not agree with the amount of compensation paid, he has the right, on the basis of Article 392 of the Labor Code of the Russian Federation, to resolve the controversial issue in court within three months from the date of receipt of the payments specified above.

Dismissal procedure

Many employees are aware of their right to terminate their employment early due to layoffs, but not everyone is aware that incorrectly wording their resignation letter may deprive them of their right to compensation. In particular, Article 180 of the Labor Code of the Russian Federation states that employment relations are terminated early only with the consent of the employee, who must not ask for dismissal, but agree with the dismissal.

In such a situation, the wording of the statement is very important.

At the legislative level, there is no established form of the specified document, so the application is drawn up in any form, which reflects approximately the following text: “I agree to dismissal due to reduction and ask to terminate the employment relationship ahead of schedule in accordance with the norms of Article 180 of the Labor Code of the Russian Federation with payment of the required compensation.” After receiving the application, the employer must impose a visa and issue an order for early dismissal.

The employer does not have the right to deny an employee his right to resign on the eve of a layoff at his own request, but it is quite possible to stipulate additional conditions in connection with early dismissal, for example, using the same training, given that many are not adequately aware of their rights.

Early dismissal at the initiative of the employee does not imply any additional conditions for dismissal, although the period during which the employee can be dismissed early is not established at the legislative level. In this connection, labor cooperation must be terminated within the timeframe agreed upon by the parties. The period should not exceed two weeks - this is quite enough to complete current affairs and transfer the documentation for storage to a person authorized by the employer.

It is not difficult to terminate employment early due to layoffs; the main thing in such a situation is to comply with all the norms established by law in order to avoid penalties and litigation in case of violation of the employee’s rights.

Cash payments upon layoffs

Dismissal due to staff reduction is provided for by the provisions of the labor code and is considered as dismissal at the initiative of the employer. Therefore, the employer bears additional obligations to the dismissed person.

The right to severance pay in case of early dismissal is not lost

After the order for reduction is issued, the employee must familiarize himself with the notice of reduction of his position in connection with its reduction in the staffing table. If the mandatory vacancies offered do not satisfy the employee, then after two months they are required to give him a work report, where a note of dismissal is made indicating the reason and pay him a settlement.

Cash payments upon layoffs

Read also: Migration to the Russian Federation

Read also: What day is considered the day of dismissal?

Mandatory payments include:

severance pay, which corresponds to the average monthly salary;
cash payment for vacation not taken, and if in the current year the period of work exceeded 5 months, then the compensation is equal to vacation pay for the full year, if less, in proportion to the period worked. If the dismissed person took a vacation before dismissal, the return of vacation pay is not made, since this is a dismissal at the initiative of the employer.
remuneration at the end of the year, the so-called 13th salary, if the laid-off employee worked the entire year.
compensation upon dismissal due to reduction, before the expiration of the notice period, in proportion to the remaining days. By agreement with the employee, after signing a notice of dismissal due to staff reduction or staff reduction, he may be dismissed before the expiration of the term (early). He is paid compensation for the remaining period of two months. To make it clear, let’s consider an example: on April 1, we received and signed a notice of the upcoming layoff; after two months, that is, on June 1, the dismissal occurs, but with the consent of the employee, from April 2 to May 31, he can be laid off ahead of schedule on any day, accruing compensation from the date of notification until May 31.
after two months after the layoff, another salary equal to the average monthly salary is provided; during the job search period, if the laid-off employee does not find a job, it is paid based on reconciliation of entries in the work book, where there is no note about new employment and filing an application. If the employee is hired, the payment is calculated for the number of working days before the new employment.
after the third, the average monthly salary is calculated and will be paid if, within 14 days that followed the day of dismissal, the employee registered with the Labor Center and provided a certificate from the Labor Center and a work book to the accounting department of the enterprise.

In total, if all conditions are met, a laid-off employee who agrees to early dismissal can receive on the day of dismissal and settlement: severance pay equal to the average monthly salary, compensation for early dismissal, maximum in the amount of 2 average monthly salaries, compensation for the next vacation, 13 salaries, if you worked for a full year.

If the employee has not found a new job, then by the end of the second and at the end of the third month after dismissal, he will be paid one average monthly salary.

For example, on April 1, an employee who had already taken his next vacation received a layoff notice, and on April 2, he agreed to an early layoff. He must be accrued wages for March, the average monthly wage for the period from April 2 to May 31, and severance pay in the amount of the average monthly wage. By July 1, he writes an application for payment for the duration of his employment, on the agreed days he will be credited and paid another average monthly salary. By August 1, based on a certificate from the Central Employment Employment Center and a work record book, he will receive another payment equal to the average monthly salary.

If there is no possibility or desire to stay in this institution, then agree to early dismissal; you will be credited with average monthly earnings five times, three of them on the day of dismissal and settlement.

Examples of payments for early dismissal due to staff reduction

180 of the Labor Code of the Russian Federation, the employee must be warned about the upcoming dismissal at least two months in advance. The plaintiff’s dismissal after more than two months is not a violation (appeal ruling of the Moscow City Court dated November 6, 2015 in case No. 33-40687/2015).

At the same time, the Constitutional Court of the Russian Federation noted that Part 2 of Art. 180 of the Labor Code of the Russian Federation is an element of the legal mechanism for dismissal to reduce the number or staff of employees. It allows an employee subject to dismissal to learn in advance about the upcoming termination of the employment contract, continue working with the employer with whom he has an employment relationship, or, from the moment of notice of dismissal, begin searching for a suitable job, which provides the most favorable conditions for subsequent employment. Wherein specifiednorm does not provide for the possibility of an employer arbitrarily extending the period of notice to an employee about the upcoming dismissal (determination of the Constitutional Court of the Russian Federation dated January 27, 2011 N 13-О-О).

In this situation, the employer is recommended to stock up on arguments, p. for what reason he was unable to lay off an employee when two months had passed from the date of the warning. After all, each lawsuit is unique, and the organization may have to prove its case.

The review was prepared by specialists of the Consulting Line of the Earth-SERVICE Group of Companies

Hello.

The initiative for early dismissal of employees due to staff reduction can only come from the employer, but not from the employees. Those. if he offers you to terminate the employment contract early (or this was indicated in the notice of the upcoming layoff), and you, in turn, agree, only in this case will you receive all the due payments.

Early dismissal of an employee before the expiration of the notice period

If you write a letter of resignation at your own request Due to staff reductions, you may not receive any payments. In other words, the employer has the right to terminate the contract with you before two months, but not obliged.

Look carefully at the notice of layoff, whether it contains a proposal to terminate the TD early, if so, then feel free to write to the manager something like this: “Based on what is stated in paragraph No.... of the notice of layoff dated “...”......2016 proposal for early dismissal I give my consent to terminate the employment contract due to staff reduction before the expiration of a two-month period from "..."....... 2016 with payment of the required monetary compensation" date, signature.

If such an offer has not been received from the employer, you can write the following “I request early termination of the employment contract in connection with the upcoming reduction in staff under Part 1.2 of Article 81 of the Labor Code with “…”…..2016 with payment of the required monetary compensation.” . But here the employer has the right to decide whether to fire you earlier or not.

Reason: Article 180 of the Labor Code:

When carrying out measures to reduce the number or staff of an organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code.

Employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.

Employer with written consent employee has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

Last modified: June 2019

Parting with an employer is not always caused by the employee's decision. Sometimes the question arises about reducing the rate associated with optimizing the company's activities. Since the employer is obliged to notify the employee 2 months in advance, in some cases an option such as early dismissal of the employee before the expiration of the notice period is considered. This measure is not prohibited by law, subject to certain rules.

The question arises of how early termination of work is considered if the Labor Code of the Russian Federation provides for the need for preliminary notification long before the event. The leadership often uses the norms specified in Article 180 of the Labor Code of the Russian Federation, but do not forget about the clarification of the application of this article by the Constitutional Court.

Is it possible to retrench early?

Reducing the number of hired personnel is a frequent measure that allows the administration to make important personnel changes that have a positive impact on the overall activities of the company. When management decides to reduce individual positions, the reduction procedure begins.

Since this decision often goes against the plans of the employee himself, there is a need for coordination of actions, registration of compensation payments and other processes accompanying dismissal. The law provides the laid-off employee with the opportunity to continue working for another 2 days, allowing the person’s further personal and professional plans to be adjusted with subsequent new employment.

It should be remembered that the Labor Code of the Russian Federation, during reductions, protects the rights of certain categories of citizens (workers during pregnancy, with young children under 3 years of age or with disabilities, when raising dependents under 14 years of age alone). It will be possible to lay off an employee only if he is not provided with a preferential right to remain in the same position.

The main provisions regarding termination of an employment contract due to redundancy are described in Art. 180 of labor legislation, however, there are some ambiguities in the wording that the parties to labor relations could interpret differently if not for the clarifications of the Constitutional Court of the Russian Federation. According to the Labor Code of the Russian Federation, the employer has the right to lay off an employee if he has the latter’s consent. As a consequence, the wording of the article does not imply the possibility of dismissal due to reduction before the expiration of the notice period with receipt of the required compensation.

Using the right to dismissal under Article 180 of the Labor Code of the Russian Federation before the expiration of the required two-month period, the employee loses the right to receive compensation.

To eliminate the ambiguity of interpretation, in determination No. 1881-O the Constitutional Court of the Russian Federation clarified that the application of Article 180 does not provide obstacles to early termination of employment relations at the initiative of the employee, requiring only the consent of management.

Based on this, the conclusion follows: if one of the parties to the labor relationship has a desire to terminate the contract early, the second must give consent to this.

Process description

The process of terminating an employment contract begins with prior notice to the person. The law requires this to be done a couple of months before the official separation from the employee. The Constitutional Court supplements the definition of the period by defining 2 months as the minimum permissible period. The longer the period before dismissal, the greater the chances of successfully finding a new place of employment.

Exceptional cases when the warning period is reduced concern such design options as:

Seasonal work - according to Art. 296 of the Labor Code of the Russian Federation, the minimum period before dismissal is 1 week;
Fixed-term contract - in accordance with Article 292 of the Labor Code of the Russian Federation, with notification 3 days before the event.

After the employee is notified, if they intend to leave early, the parties take the following actions:

Expression of the will of one of the parties. Depending on the situation, the employer or employee expresses their intention to resign before the expiration of the notice period. This may be written or oral notification, at the discretion of the parties.
Approval procedure. The parties have the right to separate ahead of schedule only if there is a mutual agreement. If the court subsequently determines that the consent of the other party was not obtained, the dismissal is revoked. Eliminating the risk of later claims, the enterprise administration obtains the written consent of the employee. If the desire is expressed by the employee, written permission is not required from the enterprise, because further steps in the procedure will in themselves indicate agreement with early termination of the contract.
Issuance of an order for early dismissal on the basis of Article 84.1 of the Labor Code of the Russian Federation. The employee must familiarize himself with the order, as evidenced by his signature at the end of the document. A specialist from the HR department prepares a calculation note and makes the last entry in the labor record.
Payment of compensation is carried out in accordance with the provisions of Article 140 (accrued wages for the last period, payment for annual leave not taken, compensation). If in the process of performing work duties a person causes some material damage, the amount is deducted from the money issued.
The last steps in connection with early dismissal are to obtain employment documents, certificates from the accounting department, and other documents if they were kept by the employer.

Since the layoff involves the payment of compensation, writing a resignation letter before the end of the two-month period plays an important role. The correct wording determines whether the employee will receive additional monetary compensation upon termination of the employment agreement.

In most situations, an employee is accustomed to writing a resignation letter of his own free will, but such wording when drawing up a layoff letter is unacceptable. It deprives a person of the right to receive legal compensation.

If there are doubts that the employer will honor the promises made during the process of agreeing on an early separation, you should not write a statement. After the expiration of the due period, the dismissal will still take place, with guaranteed monetary compensation for the reduction.

If the initiative comes from management, the employee has the right to express his agreement or disagreement.

If the employee takes the initiative himself, when writing the application, pay special attention to how the basis looks in the document. Having indicated in the application the intention to resign, they will apply the provisions of Part 1, Clause 3, Article 77 of the Labor Code of the Russian Federation, legally depriving the employee of the right to demand compensation. It is important to reflect in the text of the application the fact of the upcoming layoff at the initiative of the employer and your consent to register this event at an earlier date, with the obligatory payment of the due compensation.

During mass layoffs, the employer often insists that employees write statements of their own free will when reducing staff, saving money on compensation payments. In fact, mass dismissal of employees without good reason actually means layoffs, and the employer has no right to force termination of an employment contract upon application at his own request.

The fate of his further monetary compensation depends on the further actions of the employee himself. If, having succumbed to pressure and threats from the employer, a person nevertheless writes a statement with the wording “of his own free will,” all that remains is to try to restore justice through the court, where a statement of claim is filed with documentary evidence that there was pressure from management.

When considering the case regarding the circumstances of the dismissal, the court will definitely consider the text of the application and the wording used in it, paying attention to the true background of the events. If the proceedings are successfully completed, the employee will be forcibly reinstated at work, and management will have to resolve the issue of layoffs, taking into account the requirements of the law.

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Early dismissal in case of staff reduction is carried out according to the standard dismissal option of this type. There are also a number of nuances that are regulated by legislation. Payments and calculations have a number of differences from the standard reduction procedure, in the form of additional amounts and compensation.

basic information

Early dismissal can only be voluntary and agreed upon. It is worth considering that dismissal can be made at the initiative of the employer if he is interested in prompt staffing reduction. Such a procedure will require the written consent of the employee, who has already been notified that the period of work before the reduction is two months from the specified date. If the early option is initiated by the employee, then a number of conditions will need to be met:

an application is filled out in a special form;
the application must be agreed upon with the manager and signed by the latter;
Next comes the reduction procedure with payments and calculations, which are specified in the issued order on early termination of the employment relationship;
the employee receives a calculation and all documents, including an employment document, which indicates the basis for early dismissal.

Further, everything depends on the individual procedure for employment, since the former employee is obliged to join the labor exchange and not be employed in order to receive an additional payment in the form of severance pay. The maximum period for payment of severance pay is three months.

A number of nuances:

in case of early termination of the contract, voluntary agreement takes place, it is for this reason that the employer must obtain written consent, and the employee requires a signature on the application, which the manager may not sign if he is not satisfied with the earlier departure;
all employees who are being laid off must be notified 2 months in advance. Each employee must sign when notified. It is from this date that the countdown begins for the two months that will need to be worked;
a number of categories of employees have preferential terms of employment, which does not allow them to be laid off in the first place. For example, this rule applies to pregnant women and other preferential categories. In this case, they are offered an equivalent position in return for the one that will be reduced in the staffing table;
if early departure is carried out at one’s own request or by agreement with the employer, then payments are established precisely on the specified grounds, that is, if one wishes, payments for layoffs will not be paid, and the agreement establishes its own conditions, including regarding payments and the period of dismissal;
Article 180 regulates early dismissal during layoffs, that is, it is the basis;
in case of early departure from work, it is prescribed clause 2, part 1, art. 81 Labor Code of the Russian Federation. This means that the employee is assigned all the payments required during the reduction.

Important! An employer does not have the right to force an employee to leave at his own request or in violation of his rights. If this happens, the employee has the right to file an application in court, which will entail holding the organization’s management accountable, as well as a number of inspections by the labor inspectorate.

The reduction procedure has its own structure that must be followed.

Procedure

The procedure for early dismissal has its differences from the standard procedure. Step by step steps:

creating a list of layoffs and notifying all employees in positions being removed;
after review, the employee can write an application for early dismissal;
the employer's initiative must be confirmed by the written consent of each employee who will be voluntarily laid off ahead of schedule;
an individual order is issued for the employee or a general one if there are several persons being laid off;

according to the order, calculations are made and all due payments are made;
almost all basic and additional amounts are paid on the last working day in conjunction with the issuance of a documentation package and labor report;

An employee can request additional compensation only if he is at the labor exchange and is not actually employed. It is worth considering that after the reduction, the maximum time for additional payments is limited to three months.

Important! In case of early dismissal, the employee receives not only the payments due upon reduction, but also additional compensation, which is calculated on special conditions on an individual basis. It takes into account unworked days until the end of the reduction period.

Among the important points, the main thing is that protected categories of employees (categories of beneficiaries) have additional rights and, when staffing is reduced, are transferred to another position. There are also often cases when a transfer is not possible due to the employee’s disagreement with the reduction of his position. This applies to women on maternity leave. For this reason, it should not be a reduction, but a transfer and to the conditions to which the employee agrees.

Among the frequent nuances in the form of additional payments is their size, as well as the presence of additional compensation, which depends on working conditions, as well as on the type of employment contract. Persons with increased benefits, including employees of government agencies and structures, additionally receive a number of payments that are added to the basic ones. Also, some categories of employees, for example, seasonal workers, have a lower severance pay rate of 0.5 of the usual amount.

All payments that are regulated by law for a certain category of workers must be made in a timely manner. There is no difference between payments for regular layoffs and early layoffs, except for the presence of additional compensation for the unworked period of time in the latter option.

If necessary, you can arrange early dismissal due to staff reduction. To do this, you will need to obtain the consent of the employer or employee, depending on the initiator. All payments due during a normal layoff are retained by the employee, but this will require the use of the correct basis.

Labor legislation gives him the right to take initiative in this case. One of the manifestations of this initiative is that an employee who is being laid off will not be able to leave work early without the consent of the immediate manager of the organization or enterprise.

And the employee’s reasons may be quite valid. For example, he has found a new job and wants to immediately begin fulfilling his duties. To obtain management’s consent to early termination of an employment contract, the employee must write and submit an application.

However, the presence of such a document does not guarantee that the employee will receive what he wants.. The legislation gives the right to early care in accordance with Federal Law No. 197, however, it does not impose such an obligation on employers. That is, the decision in this case will depend on the goodwill of management.

The basis for early termination of an employment contract is an application submitted by the employee.

In this document, he asks management to allow the calculation at his request, referring to the main reason for submitting the document, that is, the upcoming change in staff busy schedule.

According to Article 180 of the Labor Code, the employee’s consent, recorded in the application, precisely gives the manager the right to formalize early dismissal. Without such consent, the employer has no right to terminate the employment relationship. This will violate the general reduction procedure provided for by law.

The legislation does not provide for a unified form () for drawing up an application. For this reason, the employee draws up the petition at his own discretion. However, receiving an early payment will depend on the correctness of all wording. Therefore, the following points are included in the document:

The name of the document is indicated at the top and an appeal is made to the head of the organization or enterprise (the name of the legal entity is entered in full).
Below is a request to allow early termination of the employment contract in connection with the upcoming reduction in workforce (indicate the number and date of the notice received from the employer).
It is necessary to enter information that there were, but the employee refused them. It is also recorded that the employee, despite early payment, claims all payments required by law (this is a very important point that allows you to avoid discrepancies in the document!).
Next, enter the desired date of termination of the employment contract.
The document is signed with a decoding of the name and patronymic. The date of its compilation is indicated below.

It is necessary to understand that for certain categories of workers such care is not of particular value. The standard reduction procedure involves sending notices to dismissed employees two months before the planned termination of employment contracts.

Fixed-term contracts require the employer to send notice one week before the planned dismissal. If the contract is for seasonal work or has a short period of validity (two to three months), notice will be sent three days in advance. Obviously, with such a short waiting period for termination of the employment contract and final payment, the employee is unlikely to need early payment.

It is also necessary to understand that in most cases the employer is interested in the early departure of the employee. Despite the obligation to provide additional compensation for early payment, the employer will be able to avoid problems with jobs. After all, staff reduction implies the cancellation of a certain position or the transfer of part of its functions to other employees (structural units).

Due to the lack of a necessary position (workplace), it will be easier for the employer to say goodbye to the employee early than to pay him for another two months before the day of dismissal announced in the notice.

Early dismissal procedure

The reduction of the workforce is carried out taking into account several articles of the Labor Code.

Most of the procedure for the early departure of an employee is not much different from the standard termination of a contract. The employer takes the following actions:

It is issued recording the order to begin the procedure for reducing staff positions. That is, a change in the staffing table, from which certain positions (jobs) will be removed as a result.
The personnel department, which received this order, is compiling a list of positions and employees subject to layoffs (according to Article 179 of the Labor Code).
After which, employees included in the list are notified in writing.
Notifications prepared by personnel officers are signed by the head of the organization or enterprise, and then handed over to dismissed employees for review.
Upon receiving such a notice, the employee must sign it. Refusal to sign the situation will not change the situation, since in fact the position of this employee has already been excluded from the staffing table, and the upcoming dismissal is considered a legal fact.
But, nevertheless, the refusal is recorded in a separate act, which is then attached to the employee’s personal file.
After signing or not signing the notice, the employer talks with the dismissed employees, offering them a choice of various vacant positions.
It should be noted that those belonging to preferential categories (for example, pregnant employees).
At this stage, the employee who has decided to leave in advance draws up a statement and submits it to the manager. The document undergoes mandatory registration in the accounting book, it is performed by the secretary or other responsible person. After which the application goes to the manager’s desk.
Having considered the employee’s request, the employer satisfies it or refuses to satisfy it. After which a resolution is imposed on the application.
If the decision is positive, a separate order is prepared. Based on it, employees of the accounting and personnel departments accrue funds.
The accrued amounts are handed over to the dismissed employee on the day that was indicated by him in the application (and then duplicated in the management order).

What payments are due?

It is more economically profitable for the employer if the employee leaves. However, if this wording is not indicated in the application written by the dismissed employee, payments are accrued in full. They are formed:

from official pay accrued for days actually worked in the last working month;
from the compensation provided by law for more;
from additional compensation payments for all days remaining before the date of dismissal announced in the management notice (accrued based on the average salary);
from payment for months of forced unemployment, allotted by law for the search for a new job (usually this takes one or two months).

Reducing staff and number of employees is a necessary procedure that is increasingly being practiced in large organizations. In case of early dismissal, the employer pays monetary compensation. Thus, the employee can quickly start looking for a new activity without remaining in debt (like a foreman, with a terminated contract).

Termination of an employment contract in case of staff reduction at the initiative of the employee

The legislation of the Russian Federation obliges managers to enter into employment contracts when hiring employees. The document provides for the obligations of the parties - the employer must pay wages on time and provide working conditions. In turn, the employee is required to comply with the internal regulations of the enterprise and perform work in accordance with the job description. An employment contract ensures the legality of the business relationship. In addition, the signed agreement guarantees that the employer will not be able to fire the employee without good reason, and the employee will not be able to return to work, thereby causing losses to the company. A business contract can be terminated only in accordance with the articles of the Labor Code of the Russian Federation and after the employer issues an order to terminate the employment contract.

The grounds for termination of an employment contract may be the following:

By agreement of the parties - if the employee and employer mutually wish, it is possible to terminate the business relationship by signing a contract to terminate the trade agreement. At the same time, the rights of the parties should not be infringed;
At the initiative of the employee - own desire to stop working due to personal or family circumstances;
Due to circumstances that do not depend on the will of the parties - for example, liquidation of an enterprise or a medical report on the employee’s health status, due to which continuation of work becomes impossible;
Expiration of the employment contract - if an urgent TD is concluded;
At the initiative of the employer - tardiness or other violations of discipline may result in termination of the employment contract and a fine. In addition, there are the following reasons for dismissing an employee:

inadequacy for the position held;
lack of qualifications;
repeated violations committed during work;
failure to fulfill duties;
absence from the office for more than 4 hours in a row;
reduction of staff or position.

Reducing the number of employees is a way to optimize the company and prevent unwanted losses. In some cases, a department may be reduced only because there is no longer a need for employees. In any case, such an initiative by the employer is legal and regulated Article No. 180 of the Labor Code of the Russian Federation.

Staff reduction implies the exclusion of an employee, position or even department from the list of the enterprise. The manager notifies about this personally, two months in advance. An employee has the right to look for a new job and even quit in advance. Atearly termination of an employment contract, the employer is obliged to pay financial compensation to the employee in the amount of a month's salary.

Before the events occur, the initiator of dismissal can be either an employee or the head of the organization. In addition, the parties may come to a general agreement on early termination of the contract upon layoff. For this purpose, a contract is drawn up in two copies. On the day of dismissal, the employee is paid wages and compensation. It is possible to cancel an employment agreement at the employee’s initiative based on an application. Reason for dismissal: voluntary.

Statement

In case of early dismissal of his own free will, the employee must notify the employer 2 weeks in advance.

The application must contain the following information:

date of receipt of notice of staff reduction;
a list of proposed vacancies that the employee refused;
reason for early dismissal.

At the same time, the employee must also indicate that he is applying for the required payments, otherwise this will be considered a waiver of the legal right to compensation. The employer is required to sign the application and issue an appropriate order. On the day of dismissal, the employee is paid wages and severance pay. The work book is handed out.

Download a sample application for early termination of an employment contract due to layoffs using the link.

How to terminate an employment contract at the initiative of the employer?

Retrenchment is a legal way to fire an employee. In this case, the employer must follow the established procedure. An improperly executed dismissal due to staff reduction can lead to the employee having to be reinstated, pay compensation and forced absenteeism, resulting in both parties suffering. To prevent this from happening, it is necessary to follow the legal procedure:

draw up an order for the upcoming staff reduction;
notify employees in writing 2 months in advance (against signature);
offer a vacant position or other work that matches the qualifications of employees;
the employee, in turn, has the right to accept the offer or refuse. Any decision is confirmed by a written document;
issuing an order to reduce staff with a list of employees' names;
termination of the employment contract and official dismissal of workers.

If initiator of termination TD is the employer, his responsibility is to pay compensation to all dismissed employees in the amount of the average monthly salary, as well as severance pay.

The employer has the right early termination of an employment contract with a redundant employee if he agrees. The dismissal procedure follows the same procedure. The head of the company is obliged to notify the employee in writing. In this case, you will need to pay compensation for the expected period of work before the reduction occurs.

According to the law of the Russian Federation, some employees have privileges when staffing is reduced. The following are required to provide a workplace:

pregnant women;
persons whose income is the only one in the family;
disabled people;
veterans;
workers who have been injured at work.

notification of upcoming staff reduction, link to order;
date of termination of the employment contract;
list of vacant positions;
due payments;
calculation method;
conditions for early dismissal at the request of the parties;
amount of compensation.

In addition to the order, employees are sent a registered letter with notification, or presented in person, against signature. The document must be drawn up by the head of the organization or the responsible person.

Download a sample employee notice of staff reduction

Order

When a decision is made to reduce staff, the head of the organization must draw up an order and bring it to the attention of employees. The document is published 2 months before the upcoming dismissal. Termination of employment and termination of contracts occurs only if employees refuse the offered vacancies, while the employer pays compensation and severance pay, in accordance with Labor Code of the Russian Federation.

The staff reduction order contains the following information:

name of the document, serial number, date of publication;
reason for staff reduction;
date of termination of the employment contract;
list of employees and positions subject to reduction;
list of vacancies;
date, signature of the head, seal of the organization.

The document is brought to the attention of each employee against signature. The order data will be entered into the work book in the future.

Download the order form for termination of the employment contract

What payments are due?

Three days before the upcoming dismissal, the employee is required to pay:

wages for hours actually worked;
premium;
overtime for working on weekends or holidays;
monetary compensation for unused annual paid leave.

In addition, in case of staff reduction, payment is made severance pay , in the amount of the average monthly salary. Some employees are entitled compensation for early termination of an employment contract. This payment is calculated based on the date of dismissal of the employee, for example, 1 month before the upcoming layoff. In this case, the employer is obliged to pay compensation for the remaining period of 30 days.

How to challenge termination of an employment contract during layoff?

The dismissal of an employee is always formalized with reference to the articles of the Labor Code of the Russian Federation. Violation of rights entails administrative liability.

An employee has the right to go to court if:

the incorrect downsizing procedure was followed;
the early dismissal agreement was signed under pressure;
the employee was not notified of vacancies or was not compensated.

In these cases, it is necessary to contact state executive bodies or the Labor Inspectorate. The limitation period for the case is 1 month. During this time, all facts of violation of the employment contract must be submitted to the court. If the claim is satisfied, the employee is reinstated in the workplace, and the employer undertakes to pay for forced absences.