In case of reorganization, an employment contract can be terminated only with the head of the organization, his deputy and the chief accountant. An employment contract with other employees cannot be terminated. A process such as reorganization of an enterprise does not necessarily involve the dismissal of employees of a given organization. But, nevertheless, there are moments in which the dismissal of employees is possible during the reorganization of the enterprise.
Instructions
Step 1
In any case, the new owner is obliged to notify the employees of the enterprise in writing about the upcoming reorganization. The new owner must do this two months before the upcoming event and no later than three months after he took over the ownership.
Step 2
If during the reorganization the director, his deputy or the chief accountant are dismissed, then this procedure is carried out in a standard manner and in accordance with the norms of the current legislation.
Step 3
The rest of the company's employees cannot be fired due to reorganization. The new manager is obliged to warn employees about the upcoming reorganization. If the employee expresses a desire to continue working for the new employer, then in this case it is impossible to fire him. If the employee does not want to work in the new conditions, then the dismissal procedure begins in accordance with clause 6 of article 77 of the Labor Code of the Russian Federation.
Step 4
In this case, the employee must write a statement to terminate the employment relationship with the new employer. In this regard, an order is issued to dismiss the employee in accordance with clause 6 of article 77 of the Labor Code of the Russian Federation. In this case, the employee's refusal to continue working in connection with a change in the owner of the enterprise will be grounds for termination of labor relations.
Step 5
After the order for dismissal is signed by the new head, the already former employee of the organization must be made a full cash settlement. Namely, upon dismissal, the employee must be compensated for all unused vacations, as well as vacation days for more than 28 days, but with the consent of the new manager. In addition, the former employee must be paid all compensation and payments stipulated by the Collective Agreement.
Step 6
After the former employee has received all the cash payments, he is issued a certified work book.
