How does a pregnant woman get fired during the liquidation of an organization and what is the right to a maternity leaver in connection with this event?

The topic of dismissal of pregnant women during liquidation always raises many questions. Let us note right away that in the event of complete completion of the operation of an enterprise with this category of employees, the employment contract is terminated on a general basis.

Let's turn to the legislative framework to briefly consider what rules govern the rights and obligations of both parties:

• The legislator has provided guarantees for a pregnant employee upon termination of the employment relationship in Art. 261 Labor Code of the Russian Federation;
• a legitimate reason for terminating an employment relationship with such an employee can only be the liquidation of the enterprise - Art. 81 TK TF;
• The dismissal procedure, which must be followed by the employer, is given in Art. 180 Labor Code of the Russian Federation;
• local labor regulations and a collective agreement, if any at the enterprise, are also a legal source for the topic we are discussing.

Making a decision to terminate the company's activities

The decision to close an organization is made by the board of the company, or the founder, if he is the only one. Such a decision can be made not only voluntarily, but also in court.

Reasons for liquidation of the enterprise:

• decided not to continue doing business;
• understood the unprofitability of the enterprise;
• hide violations of the law, etc.

The court forces the company to close due to repeated gross violations of the tax or civil law code. When such a decision is made by several founders, a general meeting is held, where minutes of the general meeting are drawn up with a unanimous decision on liquidation.

Dismissal of a maternity leaver upon liquidation of an enterprise

Despite the fact that the work book no longer plays the same fundamental role in pensions as in the Soviet era (pensions are formed not on the basis of records, but on the basis of contributions from entrepreneurs), still, in a certain sense, the book is the face of the person employed.

According to current legislation, when calculating in such a situation, all employees have the right to receive severance pay in the amount of two months' average earnings. In addition, women on maternity leave have the opportunity to receive payments for the third month, which are transferred by the employment service if she was not employed within 2 weeks from the date of dismissal.

Notifying staff: how and when is notification issued?

The most important thing when liquidating an organization or its division is to do everything in accordance with the Labor Code of the Russian Federation in order to avoid further litigation with former employees.

To do this, it is necessary to notify employees in advance, that is, at least 2 months in advance, about the termination of the organization’s activities and its closure.

Each organization can create a notification independently, or download it on the website . It indicates the notifying organization, date of compilation and number. Next is the position and last name, first name, patronymic of the employee who is notified.

In the middle of the sheet is written the text of the notice, which indicates the basis for closing the company, the number of the employment contract with the date of its signing, article of the Labor Code of the Russian Federation 81 part 1 on the liquidation of the enterprise and the intention to terminate the contract.

It must be indicated that all social guarantees prescribed in the labor code will be provided . The last phrase will not only help show that the organization respects the rights of its employees, but will also help relieve the stress of such news.

At the bottom of the notification on one side is the position of the head of the organization, signature and transcript, below “I have read the notification, received a copy of the notification”, position, signature and transcript on the part of the employee.

The notification is delivered in person against signature. One copy is for the employee, the second remains in the organization. If it is not possible to deliver in person due to the absence of an employee or refusal to sign the notification, then it must be sent by a valuable letter with a notification and a list of the attachments. This will record the date the employee received the notification.

Is it possible to fire a woman “in a position”?

Everyone understands perfectly well that it cannot be that there is an employee, but there is no enterprise. When a company is liquidated, no current employees should remain on staff , and it is illegal to dismiss pregnant women due to layoffs.

The rules for dismissal in such cases are prescribed in the Labor Code of the Russian Federation, Art. 81. 4 hours and is valid for those whose closing organizations are located in other areas.

In the same way, it will be legal to dismiss a pregnant employee when the parent organization itself, which does not have branches in the same localities, is closed.

The prohibition on dismissal of an employee during the liquidation of an enterprise applies if there are other branches or the parent enterprise in the same populated area where the enterprise is being closed.

Change of ownership, merger, renaming and other reasons for change do not fall under the category of liquidation and are not grounds for dismissal. It turns out that it is possible to fire a pregnant woman during liquidation, but all the details must be observed .

We recommend that you read our other articles about whether a pregnant woman can be fired:

• when disbanding the state;
• for absenteeism;
• on staff reduction;
• on probation;
• according to the article;
• under a fixed-term employment contract.

Is it possible to fire a pregnant woman?

The general procedure for interaction between a pregnant woman and an employer is prescribed in Chapter. 41 of the Labor Code of the Russian Federation “Features of regulation of the labor of women and persons with family responsibilities.”

Here is a complete list of guarantees regarding vacations, overtime, business trips, as well as rules regarding dismissal. As we said above, the labor rights of pregnant women are protected by law.

Support for the expectant mother begins at the stage of her hiring (the Labor Code of the Russian Federation prohibits employers from refusing to hire such applicants) and continues throughout the entire period of pregnancy. The Labor Code of the Russian Federation prohibits business owners from dismissing pregnant women both in the early and late stages. If the enterprise operates successfully, it is impossible to deprive the expectant mother of the right to work in her position.

However, there are some exceptions to this section. In accordance with Art. 261 of the Labor Code of the Russian Federation, the only case when a pregnant woman can be dismissed in accordance with the law is the liquidation of an enterprise or the complete cessation of activities by an entrepreneur.

The expectant mother has every right to quit her job at her own request. In such situations, the employer does not have the right to refuse a woman to sign a letter of resignation from work.

Upon liquidation of an enterprise

When liquidating an enterprise, a pregnant woman is dismissed in the same way as other employees.

In accordance with paragraph 2 of Art. 180 of the Labor Code of the Russian Federation, the employer must necessarily warn the employee about the impending dismissal no later than 2 months before the end date of the employee’s fulfillment of her labor obligations.

A notice intended to notify a pregnant woman is issued in 2 copies, one of which remains with the employer, and the second with the employee. Familiarization with the notification is carried out individually and against signature.

If an employer notifies a pregnant woman about the upcoming dismissal verbally, such an action will not have legal force, and the woman’s dismissal will be considered illegal. In this way, a pregnant woman is dismissed during the liquidation of an organization before maternity leave, as well as a woman already on maternity leave.

When closing a branch

Disputes often arise between expectant mothers and entrepreneurs when a pregnant woman is fired during the closure of a separate division or branch of the company. Dismissal of a pregnant woman from her position is possible only if the enterprise is completely liquidated or the entrepreneur ceases his activities.

In such cases, the dismissal of a future maternity leaver is carried out on the same grounds as other employees, with the woman being notified in writing about the upcoming changes no later than 2 months before the dismissal.

However, there are some nuances that employers should pay special attention to in order to avoid problems with the law. If the branch to be closed is located in a region remote from the main office and other branches, the owner of the enterprise has every right to dismiss a pregnant employee from her position in connection with the closure of the division.

If the department is located with the central office or other branches in the same area, it will not be possible to simply fire the expectant mother. The employer will have to transfer the employee to another department, providing her with a similar workload and salary.

In the same way, the employer must act in relation to women who are on maternity leave at the time of closure of the unit.

If a branch of the organization is liquidated

Under current labor laws, pregnant women can be fired from branches of companies located in other territories, in accordance with the same rules provided for the liquidation of the main organization.

If the parent organization does not cease its activities, and its branch, in which the pregnant employee works, located in another locality, is closed, then in this situation her dismissal is carried out according to the same rules as during the liquidation of the main organization.

Watch the video. Benefits for pregnant women at work:

What payments are due to female employees?

A company that dismisses pregnant employees on the basis of liquidation of the enterprise is not obliged to employ them in other organizations.

As a rule, this is not possible; each organization decides for itself who to hire, although pregnancy is not a legal basis for refusal of employment.

The central employment center at the place of registration can help you find a new job . Dismissed pregnant women do not have to worry about the loss of seniority; it will remain until the child is three years old. When a pregnant woman is dismissed during the liquidation of the organization, she receives everything that other dismissed employees receive:

• Cash compensation for unused vacation.
• Full payment for actual time worked.
• Severance pay in the amount of monthly salary.
• If two weeks have passed since the dismissal, and the employee has not found a job, then the average salary is paid for the third month.

An employee receives an average salary after dismissal from a liquidated enterprise within two months, if he was unable to get a job and registered with the employment service.

For the third month, not everyone receives such benefits; payments are made according to the decision of the employment center and if the employee managed to register within 14 days after dismissal due to liquidation.

Payments to maternity workers upon liquidation of an enterprise 2021

When carrying out the dismissal procedure, the employer must strictly follow the standards provided for by law, since if there are violations, the dismissed employee will be able to appeal to the courts to protect her own interests. The step-by-step instructions provide the following sequence of actions:

• Voluntary - carried out by decision of the owner. Feature: before an official decision is made to terminate activities, it is possible to transfer an employee to another company. A prerequisite is written consent.
• Forced - the decision is made by higher-level companies or founders. It differs in that dismissal implies future employment (the responsibility is taken by the employment service).

Preparation of documentation and issuance of calculations

After two months have passed from the date of notification of employees about the liquidation of the enterprise, the next stage begins - documentary dismissal and settlement with employees. An order is issued; for convenience, you can use the T-8 form, which you can simply download .

The order specifies Art. 81 of the Labor Code of the Russian Federation, clause 1, part 1 as a basis for termination of an employment contract. When closing an organization, the order indicates the basis for its closure. The employee signs the order after reviewing it.

A record of dismissal is also made in the work books and personal cards of employees, indicating the article of the Labor Code of the Russian Federation and the grounds.

Work books are issued on the last working day, and a corresponding entry is made in the journal. Incorrect entry in the work book may affect the calculation of the pension and the amount in the future.

The photo below shows a sample of filling out a work book during the liquidation of an enterprise:

All documents stored in the organization are issued together with work books:

1. medical book;
2. educational documents.

It is recommended to take a certificate of average salary and a copy of the dismissal order when dismissing someone due to liquidation. These certificates will be useful in the future for registration with social services.

Required documents

When dismissing any employee, including a pregnant woman, due to the liquidation of the organization, the employer must prepare the following documents:

• two months before the planned date of dismissal of employees due to the liquidation of the organization - notification of the planned dismissal due to the liquidation of the organization . Such a notice must indicate the date of liquidation of the organization, the date of dismissal of the pregnant woman, as well as details of the document that confirms the decision made to liquidate the organization;
• one day before the dismissal of the expectant mother, an order is drawn up to terminate her employment contract . This order must contain the following data: the date of dismissal, which cannot be earlier than two months have passed from the date of the notice. Moreover, the date of dismissal of an employee, including a pregnant woman, and the date of complete liquidation of the organization may not coincide with each other, since the date of liquidation of the organization is almost always later than the dismissal of employees;
• on the day of dismissal, which is considered the last working day in the organization of a pregnant woman dismissed upon liquidation, she is given a work book, all required certificates and an extract from the order on termination of employment relations against signature . An extract from the order is prepared on the same day that the dismissal order was signed. Such an extract shall indicate: the number of the dismissal order, its date, the reason for dismissal (written in the same way as in the order itself, verbally and indicating the part, paragraph and number of the article of the Labor Code of the Russian Federation);
• in the work book, information about dismissal must be formatted as follows : date of dismissal, reason for dismissal, date of the order and its number (information about the reason for dismissal is filled out in strict accordance with the data contained in the dismissal order). The record of dismissal due to liquidation of the organization is certified not by an employee of the personnel department, but by the head of the organization and the corresponding seal;
• if the payment of funds occurs by transferring money into the hands of the employee, a payslip must be prepared on the day of dismissal . It indicates all the funds that must be paid to the expectant mother on the day of termination of the employment relationship. After receiving the funds, the employee signs such a statement. If the payment of funds occurs by non-cash means, then on the day of dismissal the employee is also given a pay slip, which lists all the payment amounts transferred to her bank account;
• in the event that a medical record was issued to the employee upon employment, the employer is also obliged to issue it on the day of dismissal or provide a documented refusal to issue this document.

Enrollment in labor

Employees of personnel departments are required to correctly fill out documents for employees of the enterprise. The maternity book contains the following information in 4 columns:

1. Number in order.
2. Date of dismissal.
3. Information about the order, the basis for the annulment of the employment relationship, a link to the article - clause 1, part 1 of art. 81 Labor Code of the Russian Federation.
4. Signature of the responsible employee, company seal.

The work book filled out in accordance with all the rules and other documents are handed over personally to the maternity leaver for signature. At her request and in writing, she has the right to receive the following papers:

• certificate of earnings for the last 2 years;
• 2-NDFL;
• photocopies of orders relating to the labor activities of maternity leave;
• payslips.

The procedure for dismissing a pregnant woman during liquidation of an organization

In accordance with current legislation, it is possible to dismiss an expectant mother only if the organization is completely liquidated. This rule is based on the provisions of Article 261 of the Labor Code of the Russian Federation.

In accordance with the provisions of Part 1 of Article 261 of the Labor Code of the Russian Federation, termination of an employment contract is possible only if the legal entity is completely liquidated, or the validity of the registration certificate of an individual entrepreneur expires. In other cases, termination of an employment contract with a pregnant woman at the initiative of the employer is unlawful.

At the same time, the formal reorganization of a company or enterprise, expressed in renaming, separation, merger, accession or division, will not be considered a complete liquidation. In this case, it is necessary to conclude an employment contract with the pregnant woman again.

The situation when there is a change in the owner of the organization is interpreted similarly.

If we are talking about the liquidation of one of the branches of the organization, which is located in another region, then the dismissal of the pregnant woman will be legal, as a result of which the employment contract with her will be terminated in accordance with the use of Article 81 of the Labor Code of the Russian Federation, but subject to the condition of compliance with the liquidation procedure organizations.

The entire procedure that must be taken upon termination of an employment contract will be as follows:

• making a decision to carry out the liquidation procedure of the organization . Such a decision is made either by the founders of the organization (meeting) with the drawing up of a special protocol of the meeting, where the decision itself and the conditions for its implementation will be recorded, or by the sole founder. If the organization has a single founder, then a special order is issued, which records information about the decision made to liquidate the organization. In this case, we should talk specifically about liquidation, and not about the procedure of formal reorganization;
• familiarization of employees included in the list of regular personnel . Familiarization takes place with two documents - an order to liquidate the organization and an order to terminate the employment contract. Each of such orders must be familiarized with signature by using the functionality of the personnel service or by sending the corresponding copy of the order by registered mail with acknowledgment of delivery to those employees with whom the employment contract will be terminated;
• registration of all personnel documents and preparation of them for filing in the archive and handing over (work book). This stage is carried out only by personnel department employees without the participation of other employees;
• payment of all funds due to employees on the day of dismissal . In this case, all calculations must be made on the employees’ last working day. There cannot be any other option, since this is provided for by the liquidation process;
• receiving a work book, all necessary certificates and an extract from the order to terminate the employment contract . These actions are carried out by employees of the personnel department on the day that is considered the last working day of employees upon dismissal due to the liquidation of the organization. This principle does not change for pregnant women. However, the work book must necessarily indicate that the dismissal occurs due to the liquidation of the organization. Otherwise, the dismissal will be considered illegal. For receiving a work book, certificates on established forms for calculating sick leave and about contributions to the tax authorities, as well as for a copy of an extract from the order, the employee is required to sign in a special journal of documents issued upon dismissal. The basis for dismissal in such a journal must also be recorded in the form of a link to an article of the Labor Code indicating the point for which the dismissal occurs.

If this sequence of actions is fully followed, then it is impossible to challenge such dismissal in court, since it is not illegal.

It is impossible to dismiss a pregnant woman before the expiration of two months from the date of delivery of the notice of termination of the employment contract at the initiative of the employer, since this would be a direct violation of existing labor legislation.

Dismissal of a pregnant woman on maternity leave when the company is closed

Unlike ordinary dismissal, which is permissible only after returning from maternity leave, in a situation with the liquidation of an organization this is done immediately, without waiting for its completion.

In addition to the amounts that are due to all employees in the event of dismissal, women using maternity leave have the right to receive:

• child benefit paid once;
• due monthly child benefits.

Dismissal of a pregnant woman before maternity leave upon closure of the company

Before the day of dismissal, all material issues must be resolved. The dismissed employee must pay off all salary debts, if any, and financially compensate for unused vacation. Thus, Article 127 of the Labor Code of the Russian Federation provides for compensation for unused vacation days.

Arbitrage practice

Judicial practice indicates that legal proceedings are carried out while respecting the rights and interests of dismissed pregnant women. During the court hearing, the reasons and process for terminating the employment contract are carefully examined, with special attention paid to compliance with the established time frames.

The most notable cases from judicial practice:

• By decision of the Oktyabrsky District Court of the Arkhangelsk Region, the rights of women who were fired when the organization was closed were restored, while in this situation the notification deadlines were violated. After the notice was given to the workers, more than sixty days passed, after which the liquidation stopped, and the company continued to operate for another thirty days. After this, the manager nevertheless decided to close the organization, but the same notification sent earlier was used to notify pregnant employees. The judicial authority considered these actions to be contrary to current labor legislation, after which it restored the rights of the company employees,
• In 2013, the regional court of Vologda considered a claim against the decision of a lower court regarding the violation of the rights of women who went on maternity leave during the provision of payments upon dismissal from work. Considering the complaint, the judicial authority found that the dismissed employees were not only left without established payments, but also after the layoff, the organization continued its activities again, that is, liquidation did not occur. The claim was satisfied, as a result of which the women returned to their workplace, receiving compensation for downtime and moral damage.

Watch the video. Rights of a pregnant woman at work:

Features of resolving personnel issues when closing a unit

The closure of the entire enterprise does not always occur; liquidation of branches is more common . In 81 Art. The Labor Code of the Russian Federation stipulates that when a structural unit is closed, that is, a branch that does not have other branches or a parent organization in the same area, the dismissal of all employees is carried out upon liquidation of the enterprise, including pregnant women.

If there is another branch or central unit in the same location, pregnant employees should be transferred to similar positions or others available on the company's staff. In addition to this privilege, female employees have others. They cannot be laid off, unlike other workers

Features of dismissal when closing a branch

The Labor Code of the Russian Federation (Article 81) states that in the event of termination of the activities of a company division located in another region, the process of dismissal of pregnant employees occurs according to the same algorithm as in the main department. It turns out that everyone will be laid off, including female workers who are in an “interesting” position.

If the main office liquidates its division, but at the same time opens a new branch in this region, management does not have the right to dismiss pregnant employees. They are obliged to transfer the woman to a new place while maintaining her previous position. If there is none, the work that is in the staffing table should be provided.

During the period of pregnancy, it is recommended to closely monitor the company’s activities and identify regions where reductions are taking place. Such knowledge will help protect rights in the event of unlawful actions on the part of the manager. If an employer plans to reduce the number of employees, pregnant women should not be included in this number, because they are classified as untouchable.

If an employee at the stage of bearing a child has a certificate from the antenatal clinic, it is impossible to fire her. In practice, some workers are forced to write resignation letters of their own free will. In such a situation, a transfer to another position is formalized. At the same time, the level of wages may be lower due to the fact that management is not concerned about the well-being of their employees.

Rights of pregnant women during layoffs due to liquidation of an organization

Along with other employees of the company being liquidated, women in the position have the right:

• be personally notified of dismissal no later than 2 months in advance against signature in writing - no oral notifications are considered legal (Article 180 of the Labor Code of the Russian Federation);
• a pregnant woman has the right to severance pay equivalent to average monthly earnings, including all additional accruals for professional activities - allowances, bonuses, etc. (Article 178 of the Labor Code of the Russian Federation);
• the entire amount due to the dismissed employee must be paid on the day of dismissal (Article 140 of the Labor Code of the Russian Federation);
• during the search for a new job, the average monthly salary is maintained, but not more than 2 months, taking into account severance pay (Article 178 of the Labor Code of the Russian Federation).

The second payment is due 2 months after dismissal, if during this period there was no opportunity for employment. The third is possible only in the case when a pregnant woman registered with the employment service in the first 2 weeks after dismissal, but the issue of employment was not resolved.

Is it possible to fire a maternity leaver?

According to Russian laws, women released from work duties due to the birth of a child have the right to take one of the following leaves:

• for pregnancy and childbirth - regulated by Article No. 255 of the Labor Code of the Russian Federation, which indicates the duration of the incapacitated period;
• for the care of minors - Article No. 256 of the Labor Code of the Russian Federation outlines guarantees for women on maternity leave for the period of their absence from organizations, but only with official employment (maintenance of position and remuneration for the performance of labor duties).

Russian legislators have protected the interests of women on maternity leave; they cannot be fired without obtaining their consent. The only exception is the liquidation of the company. Only during this process can the employment relationship with them be officially terminated. In this case, you must comply with all legal requirements:

• Article 261 of the Labor Code of the Russian Federation. It states that pregnant workers and women on maternity leave cannot be dismissed at the request of management, except in cases of liquidation.
• Article 140 of the Labor Code of the Russian Federation. The document obliges the employer to pay accrued wages and additional money to the employee on the day of her dismissal. If she is absent from the enterprise, then no later than the next day after her demands for the payment of the entire amount due.

What benefits is the employee entitled to?

The issue of payments and monetary compensation for the unworked period is relevant both for the employer and for the expectant mother who was laid off.

In the event of a layoff due to the liquidation of an enterprise, a pregnant woman is entitled to the following payments:

• wages for the period actually worked;
• compensation for the main vacation, as well as for the unused vacation period;
• severance pay.

Wages are determined according to general rules. Payments for main vacation and additional main days are calculated in accordance with the rules prescribed in Art. 133 of the Labor Code of the Russian Federation, and severance pay - in accordance with the standards contained in Art. 178 Labor Code of the Russian Federation.

Unfortunately, entrepreneurs are not always in a hurry to comply with the requirements of the law and fire pregnant women according to the rules. In some cases, the process is carried out without the entrepreneur fulfilling his main obligations to the expectant mother.

Child care benefit after liquidation

Since 2013, changes have come into force regarding the calculation of child care benefits for women dismissed due to liquidation during maternity leave. Previously, this category of dismissed mothers had the right to receive a monthly child care benefit only in the minimum amount. From September 25, 2013, their benefits increase if the salary was higher than the minimum wage. In paragraph 1 “Regulations on the calculation of average earnings when assigning maternity benefits and monthly child care benefits to certain categories of citizens”, subparagraph D has been added, which did not exist before. Now, the calculation of child care benefits for women dismissed during maternity leave is based on average earnings calculated for the 12 months preceding the leave period, in accordance with Art. 139 of the Labor Code of the Russian Federation and Government Decree No. 922. Periods and amounts when the employee maintained average earnings, including vacations, and sick leave are excluded from the calculation. You can read more about calculating average earnings here. In this case, the average earnings cannot be more than the average earnings calculated over 2 years from the maximum value of the base for calculating insurance premiums.

To receive benefits, a woman must submit to the social security authorities at her place of residence: - an application for the assignment of maternity benefits; — certificate of incapacity for work; — a certified extract from the work record book about the last place of work; - a certificate from the employment service declaring her unemployed.

Where can I receive child care benefits?

Pregnant employees from liquidated organizations in any case retain the right to receive accruals and payments of maternity benefits, as well as to receive monthly maternity benefits. Only after leaving the enterprise, payments will be made by the social service at the place of registration .

To register with the social service, certificates received upon dismissal will be useful: certificate of average salary 2 personal income tax.

Liquidation of an enterprise is a difficult stage in the relationship between employees and the employer. Dismissal of a pregnant woman may be legal in connection with the closure of an enterprise if all the conditions prescribed in the Labor Code of the Russian Federation are met. Otherwise, the procedure is exactly the same as with other employees of the liquidated organization.

Where can I receive child care benefits?

Pregnant employees from liquidated organizations in any case retain the right to receive accruals and payments of maternity benefits, as well as to receive monthly maternity benefits. Only after leaving the enterprise, payments will be made by the social service at the place of registration .

To register with the social service, certificates received upon dismissal will be useful: certificate of average salary 2 personal income tax.

Liquidation of an enterprise is a difficult stage in the relationship between employees and the employer. Dismissal of a pregnant woman may be legal in connection with the closure of an enterprise if all the conditions prescribed in the Labor Code of the Russian Federation are met. Otherwise, the procedure is exactly the same as with other employees of the liquidated organization.

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Subtleties and nuances of calculating payments

Contrary to popular belief, the salary of a pregnant employee is calculated according to the same principle as for other employees. In this case, the dismissed employee has the right to full repayment of salary debts for the previous period (if any).

An equally important point is compensation for vacation that was not used by the employee. Its calculation is carried out according to the algorithm described in the Labor Code of the Russian Federation (Article 133). If a pregnant woman worked up to 5.5 months in the year when the liquidation occurs, compensation is calculated at the rate of 2.33 days of vacation per month worked. If in the month when the liquidation takes place, the employee worked less than 15 days, this period is not taken into account. Otherwise, the company must compensate for the vacation for another 2.33 days. If a pregnant woman worked from 5.5 to 11 months, then the calculation is made for the entire vacation.

When calculating severance pay, the managers of the liquidated company must also take into account the Labor Code of the Russian Federation (Article 178). The calculation is based on the employee’s average daily earnings. At the same time, the manager’s responsibilities include paying the pregnant woman compensation for the month (taking into account the average). The calculation process takes into account the year that preceded the year the company closed.

The use of other periods is possible in the case when a pregnant woman has worked for the company for less than a year or quits in the month in which she was employed.

To calculate the average salary, data for the previous year (12 months) is used, after which the resulting number is divided by the number of actual returns to work for this period. Various compensations and benefits are removed from the amount received. As for the size of the latter, the calculation is made as follows: the average salary per working day is multiplied by the number of trips to work during the billing period. Therefore, the benefit on different days may be different.

It is believed that after the termination of the organization's activities, all its employees begin to look for new jobs. To help them during the search for a new position, employees receive an average salary for two months. Women who register with the employment service within 2 weeks (14 days) can count on payments. If the organization’s employees were unable to find a job for a pregnant woman, her average salary may remain for 3 months after dismissal.

Rights of a woman on maternity leave during the termination of the enterprise

In this case, the law guarantees the following to the employee (Article 178, Article 256 of the Labor Code):

1. severance pay;
2. wages plus compensation for unused vacations;
3. Average monthly income for the period of employment (up to two months).

To calculate severance pay for women on maternity leave and pregnant women, a general formula is used. To do this, you need to find out the average daily earnings, which we then multiply by the required number of days. This is done simply: first, annual earnings are calculated, and then this number is divided by 29.3 (the accepted coefficient). The resulting figure will be your average daily earnings.

For example, the dismissed dispatcher Maria Sidorovna Trofimova was hired on 04/04/2015 for a salary of 20,000 rubles. Annual earnings will be, accordingly, 240,000 rubles. You need to know the amount of compensation for two months.

Thus S= R/29.3, where S is the average earnings, R is the amount of annual income.

In this case, it will be 682 rubles.

Benefit amount =S*29.3* 2

2 – number of months.

Thus, Trofimova’s dispatcher will receive the following allowance: 682*29.3*2=39,965 rubles.

Attention! All payments must be made in person on the day of dismissal.

Help for pregnant women who already have children

In the event of dismissal due to liquidation, a pregnant woman has the right to count on payments due to her within the limits of social assistance. Here it is worth focusing on the resolution No. 865 (clauses 11 and 12), which stipulates that the payment of maternity and pregnancy benefits is the task of the social security department at the woman’s place of residence. To receive such a payment, you must contact a special service and present the following package of papers:

• An application in which a pregnant woman requests maternity and pregnancy benefits.
• Certificate of incapacity for work.
• A certificate taken from the Employment Service confirming the absence of work.
• An extract from the work record book certified by a notary. It should contain information about your last place of employment.

In addition, a pregnant woman has the right to count on benefits, which are intended when registering with a doctor (typical for the first few months after conception).

After the birth of a child, a woman becomes entitled to a lump sum benefit. As soon as the period specified in the work ability certificate expires, you can go on maternity leave or contact the Social Insurance Fund, register as unemployed, and then start resolving issues with your employment. Each case has its own characteristics. In the first situation, social protection authorities deal with payment benefits until the child turns 1.5 years old. In the second case, the benefit is paid until the mother manages to find a job. In this case, the employment service takes on the financial burden.

Payments upon liquidation of an enterprise 2021 according to the Labor Code

Error 1. Often, during the liquidation of an organization, an employee is on vacation or sick leave, that is, absent for valid reasons. Such circumstances do not relieve the employer of the obligation to send the employee notice of impending dismissal due to liquidation.

In movies you can often find a plot in which workers, having come to work, one day learn about the closure of the plant and dismissal. In fact, the procedure for winding down a business requires time and preparation.

Many difficulties await management when the time comes to carry out dismissals when the organization of the entire team is liquidated. Russian legislation obliges the former employer to notify the staff in advance, to facilitate the new employment of personnel as much as possible, and also to compensate them for material losses while searching for another place.