Today the situation on the labor market is such that even employees of the public sector and those who are employed in the public service are not insured against layoffs. It is not even necessary to talk about those who work in private commercial enterprises. But in any circumstances, the law is uniform, and it clearly spelled out the mechanism of the procedure for the reduction of jobs and those compensations that are due to the laid-off employee.
How an employer should act
The employer must notify you in advance that it is planned to cut jobs, which also includes the place that you occupy according to the staffing table. This must be done in writing no later than two months before the date of dismissal (Article 180 of the Labor Code of the Russian Federation). The fact that you have received the notification must be confirmed by your signature on the second copy. If this formality was not followed, any court will reinstate you at your previous place of work. In this case, you can even count on monetary compensation in the amount of wages for the entire period of forced absenteeism until you receive a court decision.
Simultaneously with the notification of the upcoming reduction, the employer must offer you to take any available vacancies at the enterprise that correspond to your specialty and work experience, but at the same time he is not obliged to guarantee the preservation of the previous qualifications and salary. If there are no vacancies or you do not agree to take those that were offered, you should prepare for dismissal.
If you were on sick leave or on vacation, your employer does not have the right to lay off you on a layoff.
In some cases, the employer, if an employee refuses to take a less paid position, referring to the requirements of the law that he has fulfilled, may offer you to put a letter of resignation on the table of your own free will. This should not be done under any circumstances - otherwise you will lose all compensation that is due upon dismissal under the article on layoffs. But you must write a written rejection of the vacant position that was offered to you. You do not have to explain the reason for the refusal.
At the labor exchange, you can register and start receiving benefits after two months after you leave.
Compensation due to the employee in case of layoff
According to Art. 178 of the Labor Code of the Russian Federation, you must receive all payments and compensations due to you on the day of dismissal along with the work book. In the event of a reduction, you are entitled to:
- severance pay in the amount of average monthly earnings, which is calculated taking into account the last 12 months you worked;
- within two months after dismissal, you can count on wages, provided that during this time you will not get another job;
- compensation in cash for all remaining unused vacations, starting from 2002, when the new edition of the Labor Code of the Russian Federation came into force.
