According to Russian labor law, the head of an organization has the right to early terminate an employment contract with employees upon liquidation of an enterprise. The term "liquidation" means the termination of the economic activity of the organization, its exclusion from the Unified State Register of Legal Entities. To avoid problems with the labor inspectorate, you need to properly draw up documents for dismissal.
Instructions
Step 1
First, the decision to liquidate the organization is made by a special commission (liquidation). Remember that when a company is liquidated, you have the right to fire all employees without exception.
Step 2
After the decision is made, notify all employees about the termination of the organization. Please note that the notice is made in writing, and two months before the dismissal. Its content may be as follows: "LLC" Vostok "represented by General Director Ivanov Ivanovich, acting on the basis of the Charter and guided by Articles 81, 178 and 180 of the Labor Code of the Russian Federation, informs engineer Pavlov Pavel Pavlovich about further dismissal in connection with liquidation organizations ". Further, the notification must be signed by the employee himself.
Step 3
You can also draw up a collective notice, in which everyone must sign and date next to their name.
Step 4
Next, you must also notify the employment center by composing a letter in any form. Please note that it must be drawn up in duplicate, one of which will remain at the employment center, and the second with the mark of this authority will be with you. If you are dismissing more than 15 people, then submit a letter to the state body three months before the termination of contracts.
Step 5
After two months, the dismissal procedure takes place. You must pay the employee the wages they earned prior to the date of termination. Also calculate and pay compensation for unused vacation. According to article 178 of the Labor Code, you must pay the employee a severance pay, which is equal to the average monthly wage. Please note that you must also pay this benefit until your worker is employed, but this should not exceed 2 months.
Step 6
Calculate the employee on the last day of work. In the order to terminate the employment contract and in the work book, refer to Article 81 of the Labor Code.
