The economic crisis does not allow one to live in peace.Companies, organizations, firms or individual entrepreneurs who are experiencing economic difficulties, without finding a different way out of the situation, begin a massive reduction in staff. This procedure is accompanied not only by a large document circulation, but also by a sufficiently serious expenditure of money.
It is known that in Russia the Labor Code protectsworkers' rights. Therefore, when the staff is reduced, the head can not just kick the employee out into the street. The Labor Code defines the procedure for the dismissal of employees.
Firstly, the employer must notify the employee in writing and not later than two months before the termination of the forthcoming reduction of the staff.
Secondly, you can not fire everyone.Lay-offs for staff reduction are not lonely mothers, pregnant women, sick workers, union members without the consent of the trade union committee or those who are on vacation, etc. In addition, there is a certain group of employees who have the advantage of continuing work with a reduction. These are highly skilled workers, family people who have two or more dependents, those who have received a personal injury or occupational disease from this employer, and other categories.
Thirdly, according to the Labor Code of the Russian Federation, all dismissed employees are required to pay severance pay for staff reduction.
Therefore, it is necessary to know exactly who and howthere is a payment of the allowance at reduction. And the reduction should be real, otherwise the dismissed employee can file an employer's claim and be reinstated.
If the organization doesthe reduction in the number of employees, then on the day of dismissal, employees must pay all the money they are entitled by law: wages and compensation for leave not used by the employee, and severance pay for staff reduction.
How is it calculated?The RF CC obliges the head to pay the dismissed employee a reduction allowance, the size of which is equal to the average monthly earnings. In addition, for the entire period of employment, which should not be more than two months, the dismissed employee is paid an average monthly salary. If the employee after the dismissal on time equal to 2 weeks, appealed to the employment service, but for him and did not find work, the average earnings can be paid for the third month.
Severance severance payoffis determined as follows: the amount received for a calculated period of time is divided by the number of working days. This is how one-day average earnings are calculated. Then it is multiplied by the number of days in the period for which the employee receives the calculation.
Calculation of benefits seems to be a matter of no small difficulty,for this we need simple mathematical calculations. However, in fact, it can give different results. For example, if there are a lot of holidays or days off in the accounting month, the employee will receive a much smaller amount.
You can change the billing period in the following cases:
- if the employee in this organization has not worked for 1 year. Then only the interval when the person really worked in the organization is considered;
- If the employee got a job and was reduced in the same month. And then really worked out the time is considered a settlement period.
When determining the average earnings does not include the time when the abbreviated employee:
- sick or received maternity benefits;
- was on vacation, leave at his own expense or business trip;
- did not work through the fault of the head;
- was considered first a part-time worker, and only then he was accepted into the staff of the institution;
- During the strike he could not work, although he himself did not participate in it;
- had paid extra weekends for caring for children who are disabled;
- worked part-time, etc.
Absolutely all employees receive severance paywith a reduction in staff, that is, even those who, for example, are on leave to care for a small child. Such a benefit paid to an employee with a reduction is not subject to personal income tax and unified social tax.
Of course, not every enterprise is happy to be readyto give money to the employees. However, in this case, the savings are rarely justified. After all, an employee can apply to the judiciary, and the judges in most cases stand on the side of the dismissed.
