Bankruptcy is a complex legal procedure, as a result of which the court can decide on the compulsory termination of the organization's activities. The bankruptcy trustee appointed in the course of the proceedings is engaged in the phased liquidation of the bankrupt company and the payment of its debts. He is also empowered to dismiss employees in strict accordance with applicable law.
Instructions
Step 1
The bankruptcy of an organization implies the complete disbandment of the staff of employees. In this situation, no preferential conditions and guarantees provided by the Labor Code apply. All employees are subject to dismissal: managers, pregnant women, single mothers with minor children, parents of disabled children, employees under 18 years of age. People who are on vacation or on sick leave will receive a work book at the same time with everyone.
Step 2
In addition, the bankrupt organization will not offer the dismissed employees other positions, because there are simply no vacancies. And even the opinion of the trade union body regarding the termination of the employment contract does not matter in this case. The only and indisputable legal basis for the dismissal of employees is a court decision on the liquidation of an insolvent enterprise.
Step 3
The bankruptcy commissioner is obliged to notify each employee in writing about the upcoming dismissal. The majority of employees will receive the document 2 months before the expected date of liquidation. But for some categories of citizens, this period may be reduced. So, employees with whom an employment contract for two months has been concluded will be notified 3 days before dismissal. Seasonal workers must be informed 7 calendar days prior to signing the order.
Step 4
HR specialists most often draw up notices of termination of an employment contract in duplicate. One of them remains with the employee. The second is returned to the liquidator. The dismissed person puts his signature on it, confirming the fact of familiarization with the text.
Step 5
The process of liquidation of a bankrupt enterprise ends with the exclusion of information about it from the Unified State Register of Legal Entities. Prior to this point, an order must be issued to dismiss all employees, but within the notice periods listed above. However, with the mutual consent of the parties (the employee and the liquidator), the employment relationship can be terminated earlier. On the last working day, the employee is issued a work book and a full cash settlement.
Step 6
Payments due to an employee are made up of several parts:
• The actual salary not received by the person before the day of dismissal.
• Compensation for the unused portion of the vacation.
• Severance pay in the amount of one average monthly salary. For some categories of specialists, for example, seasonal workers, the allowance may be calculated differently, based on the norms of labor legislation.
• Compensation for termination of employment before the expiration of two months from the date of notification. Its amount is calculated in proportion to the unworked time.
Step 7
If the dismissed citizen has not found a new job, he is paid the average monthly salary again. For the third time, the payments will be received by those workers who timely applied to the Employment Center and were not employed there. Then the financial obligations of the organization to former employees come to an end.
Step 8
The peculiarity of payments made in case of bankruptcy of an organization is their sequence. At the first stage, settlements are made with citizens who have industrial injuries and injuries. The cash is then paid to all other employees.
