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Guarantees and workers' compensation for dismissal due to reduction of personnel and liquidation of the company

Guarantees and workers' compensation for dismissal due to reduction of personnel and liquidation of the company

 

By virtue of the provisions of Part 2 art.180  of the Russian Labor Code an employer warns employees of the organization of the impending dismissal in connection with the liquidation of the organization, reduction in force or of personnel personally and against signature no later than two months before the dismissal.

In carrying out measures on reduction in force or of personnel of an organization an employer shall offer the employee other available job (vacant position)

With the written consent of the employee, the employer may terminate the employment contract with him before the expiry of the redundancy announcement period. In this case, the employer shall pay the employee an additional compensation in the amount of average earnings, calculated in proportion to the time remaining until the end of the redundancy announcement period.

Upon termination of the employment contract in connection with the liquidation of an organization or reduction in force or of personnel of an organizations a dismissed worker shall be paid severance pay in the amount of average monthly earnings, as well as he reserves the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (with offset severance pay).

In exceptional cases, the average monthly salary is reserved for a dismissed worker for the third month. To receive payments for the third month the following certain conditions shall be observed:

- an employee has applied to the employment agency within two weeks after the dismissal;

- an employee was not employed by the employment agency within the third month after the dismissal;

- to refer to an employer for the receipt of payment for the third month, an employee shall receive from the employment agency the authority's decision on the right to receive this payment from the employer for the presentation to the employer.

On the day of termination of the employment contract, the employer shall give the employee the work record and pay all amounts due to it, in particular wages for time worked, compensation for unused vacation and severance pay. Upon written request of the employee the employer is obliged to issue to him duly certified copies of the documents related to the work.