A layoff for an employee is preferable to dismissal, since he is entitled to compensation payments. A layoff from layoffs formally differs in two ways. It is a consequence of the liquidation of an organization of any form of ownership with more than 15 people or a one-time dismissal of a large number of employees within a short period.
Instructions
Step 1
What to do in case of redundancy for the employer is described in detail in Art. 81-82 of the Labor Code of the Russian Federation. You must notify employees of the upcoming layoff no later than 2 months before the date of resignation. In some cases, the notification period can be up to 3 months. Moreover, it is necessary to notify employees in writing and against signature. In addition, it is necessary to submit information about the upcoming reduction to the employment services and the representative body of workers (trade union), if it is created and works at your enterprise.
Step 2
In the event that the reason for the reduction of staff is the abolition of posts or vacancies, draw up and approve a new staffing table. These measures will allow you to legally draw up the layoff and insure yourself in case employees try to challenge it in court.
Step 3
As for the employee, you can challenge the employer's decision in case of violation of the above points of the regulations or in case of non-payment of the due allowance for two months. If you do not find a job during this period, your former enterprise will be obliged to pay you a salary and for the third month of forced idleness.
Step 4
Cash payments and relying compensation must be calculated and given to you on the last day of work. In the event that on that day you no longer worked, the money, according to Art. 140 of the Labor Code of the Russian Federation, you are obliged to pay in full the next day after applying for them. The total amount includes: salary for the last month of work, compensation for unused main and additional leave, severance pay in the amount of average monthly earnings. Average earnings are retained for you for a period of not more than two months from the date of dismissal for the period while you are looking for work.
Step 5
On the last working day at this enterprise, you should also get your work book in your hands, in which the dismissal will be recorded, and all the rest of all your documents related to work. After receiving the calculation, apply for further compensation payments only to the territorial employment service.