The economic crisis is the reason that many companies are forced to reorganize and reduce the number of employees working at the enterprise under labor contracts. Downsizing is a rather costly procedure, so some employers try to persuade employees to write letters of dismissal of their own free will, but in this case, employees lose the right to compensation.
How are layoffs made
The employer's desire to get rid of the employees who have become unnecessary for him is understandable, but they should not forget about their rights. So, the employer must justify that the reorganization and other organizational and staffing measures will actually be carried out at the enterprise. By a special order of the head, a new staffing table should be introduced, according to which it would be clear that the number of jobs has really decreased. Only after the issuance of such an order can the management begin the procedure for the reduction of workers.
If the employee agrees to quit before the two-month deadline, upon quitting he must be paid additional compensation in the amount of average earnings, calculated in proportion to the period remaining before the layoff.
It is carried out in agreement with the trade union organization or other representative body of workers. If mass layoffs are coming, you must be warned about this 3 months in advance; in other cases, employees must receive 2 months in advance of the upcoming layoffs and sign their receipt. Keep in mind that you have the right to fill the vacancies available in the new staffing table, if your qualifications allow it. In the event that you decide to look for a new job, the employer is obliged to pay you compensation due to the reduction of the staff, due to the law.
What are the compensations for reduction
The procedure for providing compensation payments in case of staff reductions is stipulated in article 178 of the Labor Code of the Russian Federation. Upon termination, you must receive a full settlement, including compensation for unused vacations and overtime. In addition, you are required to pay at least two average monthly wages - one is severance pay, the other is your time spent looking for a new job. In the event that the employment service is unable to employ you within the first month after your dismissal, you can count on receiving another salary from your former employer. To do this, you will need to present the appropriate certificate from the employment service.
The minimum severance pay cannot be less than the employee's average monthly wage.
Ask about the terms of the Collective Agreement in force at your enterprise. It may prescribe additional compensation payments to employees dismissed due to staff reductions.
