Notification of employees about the liquidation of the enterprise. Sample and Form 2021

Notifying employees about the liquidation of an enterprise is a method provided by law for notifying employees of an enterprise or organization about the upcoming dismissal in accordance with Art. 81 of the Labor Code of the Russian Federation, that is, in connection with the liquidation of the employer. Files in .DOC: Form for notifying employees about the liquidation of an enterpriseSample notification to employees about the liquidation of an enterprise

Liquidation: what is it, who is responsible for carrying it out?

During the liquidation of an enterprise, all activities cease. Managers are deprived of the rights and responsibilities associated with their work. After completing this procedure, even creditors do not have the right to make any additional demands. Therefore, all calculations must be completed before the liquidation comes to an end. This also applies to employees who have been laid off.

This procedure is carried out by a special commission. Its composition is appointed by legal entities or bodies that made decisions on the liquidation itself. The initial responsibility of the commission is to draw up a liquidation plan. The document must consist of several items:

Order of dismissal.
Reconciliation with counterparties and tax authorities.
Inventory of property.
Calculation of preliminary balance.

Legal regulation

An employee of an enterprise and organization is connected with the employer through contractual relations and mutual rights and obligations. The employer is responsible for full and timely payment of wages. That is, by fulfilling contractual obligations, the employee, to a certain extent, is a creditor of the employer, that is, a person in respect of whom the employer has an obligation to pay money.

Liquidation implies the unilateral withdrawal of the employer from the contractual relationship and its disappearance from the register of legal entities. This means that the creditor-employee may lose his debtor. It is precisely because of this circumstance that Art. 81 Part 1 of the Labor Code of the Russian Federation categorically defines the employer’s obligation to notify the employee of the upcoming liquidation.

On the one hand, the day on which the employer notifies the employee of liquidation becomes the day of counting the 2-month period for repaying all debts owed to him.

On the other hand, the day of receipt of the notice is the beginning of the calculation of the 2-month period during which the employee can present claims to the employer for payment of wages and other payments provided by law.

How to notify employees of upcoming dismissal?

The liquidation procedure proceeds as follows if the decision is made by management itself:

Making the decision itself.
Appointment of the liquidation commission and chairman, determination of the timing and procedure for liquidation.
Transfer of powers to manage the affairs of a legal entity.

The chairman of the liquidation commission is responsible for any actions related to dismissed employees. The bankruptcy trustee appointed by the court interacts with the second interested party if the court previously made a decision on bankruptcy of the enterprise.

Regulations

When terminating an employment contract due to the collapse of an enterprise, the employer and staff are required to rely on a number of regulations. Such legislative documents include:

Article 81 part one of the Labor Code of the Russian Federation;
Article 176 of the Labor Code of the Russian Federation;
federal legislation;
Article 140 of the Labor Code, which deals with determining the timing of settlements with employees.

Based on these articles, an order is drawn up that complies with the legislation of the Russian Federation.

Proper formatting of notifications

The law does not establish strict requirements for such notifications for employees. But it is advisable to record the following information:

The admissibility of dismissal during vacations and periods of incapacity for work.
Listing of guarantees and compensation if the dismissal is related to the relevant grounds.
Date of acquaintance with the document.
A specific date or period during which the dismissal will take place.

The notification itself is drawn up in two copies - one is sent to the subordinate, the second is kept by the manager. If there is only one copy, a copy is given to the other party.

An act of refusal with familiarization is drawn up if the corresponding decision is made by subordinates. It is imperative to describe the compiler and invite at least two witnesses. You can read the contents of the document out loud, which is also recorded.

Drawing up an act

The standard document indicates the name of the company or enterprise, as well as the reason why the employment contract is terminated. Next, write the surname and initials of the general director and employee. In conclusion, the signatures of both parties and the number are placed.

After the resignation letter is signed, the employee is obliged to go to work until the last day and fulfill his job duties. On the last day of work, the manager must pay the salary specified in the employment contract.

But it is worth remembering that the employee can terminate the contract at any time. To do this, he needs to submit a letter of resignation of his own free will.

Notice to trade unions, authorities

The message must be sent not only to subordinates, but also to the authorities that are empowered to control this direction. The employment service is informed at least two months before the event. In this case, the document must contain:

positions;
professions;
specialties;
qualification requirements;
wage conditions for everyone.

The legislation does not have clear requirements related to the sending of papers to trade union organizations. Three months before the event, a message is sent if the dismissal falls under the concept of “mass”.

There is no need to report the incident again if the tax office refused to register the notices. So the liquidation decision itself is enough for dismissals.

Creating an order

Lastly, the order is issued.
It should be created only two months after the employee is notified of the liquidation of the enterprise. A document created in advance is considered a violation of the law. After reading the order, the employee signs to confirm that he has been notified. He receives the work book only after the manager signs and stamps it. If an employee refuses to pick up his work book, then a special act is drawn up, which is certified by the manager and the personnel agent. After all this, the work book is sent to the employee at his place of residence.

In the standard sample of entries in the work book in connection with the liquidation of an enterprise, information such as the name of the company, what position the employee held and the date on which he was hired is indicated. The reason for dismissal is written below (for example, an employee is dismissed due to the liquidation of a company under Article 81 of the Russian Federation). Next, the signature and seal of the HR inspector must be affixed. An approximate example of an entry in a work book during the liquidation of an organization looks like this:

Business Closing Process

Legally, the process of closing a business should occur as follows in four stages:

Making a decision to liquidate the LLC along with notification of the start of the procedure. This initial stage is carried out by the founders of the enterprise at a general meeting. Each shareholder of the company or his authorized representative must be present at the meeting. The notification must be certified by a lawyer at a notary office.
Publication of a notice about the closure of an LLC in the State Registration Bulletin. It is impossible to move on to the next stage without performing this procedure.
Notification that an interim liquidation balance sheet has been compiled. This is a guarantee that the company will have the resources to carry out and ensure its closure procedure. Creating a liquidation balance sheet is impossible in cases where the company is a debtor to a bank, as a result of which legal proceedings are underway. It must decide how the client will pay the debt. A decision may also be made that repayment of the debt is impossible.
Submission of liquidation balance sheet and liquidation application. This happens after the relevant information is entered into the Unified State Register of Legal Entities.

Thus, the Russian Federation has a clearly defined procedure for how a non-profit organization is closed and notification of liquidation is carried out.

Who needs to be notified

Notice of liquidation of a legal entity is sent primarily to four different entities. They are:

tax service;
personnel of the enterprise itself;
creditors who provide money to the company, or a supplier;
Employment Center.

Notification of the liquidation of an LLC must be provided to the registration authority, creditors and company employees. It is not always worth notifying the employment center about the closure of an enterprise. Notice of liquidation only needs to be given if more than 15 employees are unemployed after the cessation of the business. This is stated in subparagraph “a” of paragraph 1 of the “Regulations on the organization of work to promote employment in conditions of mass layoffs.” This normative act was approved by the corresponding RF PP dated February 5, 1993 No. 99.

Notice of liquidation of a legal entity before 2021 had to be submitted to two more important entities, such as:

Pension Fund of the Russian Federation;
Federal Compulsory Health Insurance Fund (MHIF).

Currently, in accordance with current legislation, the tax authority independently reports information about the closure of the business of the Pension Fund of the Russian Federation and the Compulsory Medical Insurance Fund.

Sample notice of liquidation of an enterprise to an employee

61 – 64 of the Civil Code of the Russian Federation.

The process of notifying various authorities and employees is regulated by the Code of Administrative Offenses and the Civil Code of the Russian Federation:

– regarding notification of employees;
– liability for untimely notification of employees about the closure of the enterprise;
– liability for late notification of the tax authority;
– the law regarding the employment of the population on notifying the employment center in the event of dismissal during the liquidation of more than 15 people;
– responsibility for ignoring the central warning;
– period for submitting claims by creditors.
– notification of creditors in any form;

In addition, there is Decree of the Government of the Russian Federation of 1993 No. 99 on the obligation to notify the Central Employment Service in case of mass layoffs of workers. Notification of all listed participants in the process must be done at the appropriate time and in the prescribed manner.

This stage is the most important, and it should be completed no later than 3 days from the moment of signing the minutes of the founding meeting. For this, form P15001 is used. Such a statement will become the basis for making an entry in the Unified State Register of Legal Entities and issuing a corresponding extract to the owners.

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The company is liable in the form of penalties in the amount of 5,000 rubles for untimely compliance with this requirement. Notification of employees must be carried out at least two months before the closure of the enterprise.

Responsibility for failure to comply with the requirement includes penalties in the amount of 1,000 - 5,000 rubles for the manager and up to 30,000 rubles for the enterprise.

Staff warning

Company closure is a process that results in notice of liquidation to employees. That is why, according to the law, they must be warned about this 2 months before the corresponding procedure takes place. The corresponding norm is prescribed in Part 2 of Article 14.25 of the Code of Administrative Offenses of the Russian Federation.

The form of notice of liquidation of a legal entity, which is submitted to employees of the enterprise, can be arbitrary. The head of the company is allowed to use any sample liquidation notice available on the Internet.

If a business is forced to cease operations but its management does not provide notice of liquidation within the statutory period, it should be prepared to receive a fine. The size of the latter can be different - from 1000 to 5000 rubles. If the fine is imposed on a legal entity and not on the manager, then its volume increases to 30,000-50,000 rubles. In this way, the rights of the company’s employees are protected.

Dismissal upon liquidation of an organization

The role of such a document can be, for example, an order of the sole founder, a decision of a general meeting of shareholders. Dismissal of personnel in the event of liquidation of a branch geographically remote from the parent structure or another separate division may be justified by clause 1 of Art. 81 TK. This is explained by the fact that in the absence of a parent structure or another branch near the liquidated unit, the employer is not obliged to offer dismissals an alternative place of work. The procedure for dismissing the staff of a bankrupt organization is established by 127-FZ “On Insolvency (Bankruptcy)”.

The procedure is organized by the arbitration manager. If the employer was an individual entrepreneur, the employment relationship with the employee may be terminated:

based on his own decision;
due to the individual entrepreneur being declared bankrupt by a court verdict.

An individual entrepreneur has the right to refuse to continue business activities at any time. It is enough for him to issue an order in this regard with his own signature. This will become the actual basis for the dismissal of all hired employees. Liquidation of an organization creates a legal basis for the dismissal of the entire staff of employees on a general basis, without regard to the specifics of their status.

Among others, pregnant women are subject to dismissal; employees with many children and minors; pensioners; part-time workers; seasonal workers. STEP 1 - Notify employees. The employee must be personally warned about the upcoming dismissal in writing at least 2 months in advance.

Guarantees for layoffs

Those who were fired due to the collapse of the enterprise have social protection, which consists of registration with the labor inspectorate. Also, a laid-off employee receives unemployment benefits for a certain period of time. The organization of an employment service not only helps him get a job, but also gives him the opportunity to attend courses to improve his qualifications.

In rare cases , it happens that after dismissal, the liquidation of the enterprise can be canceled. For some time, the employee has the right to be reinstated and continue his work.

The main thing when dismissing is a correctly filled out work book. After all, an incorrectly stated reason can harm your career and complicate further employment. In addition, payments and compensation in this case may differ significantly.

The procedure for liquidation of individual entrepreneurs

The procedure for liquidating an individual entrepreneur is provided for in the Civil Code of the Russian Federation and Federal Law No. 129. These regulations establish that closure can occur voluntarily and compulsorily. In the first case, the individual entrepreneur himself makes a decision to terminate his activities, in the second, the corresponding verdict is issued by government agencies.

Important! Only a court can make a decision to forcibly close an individual entrepreneur. The legislator limits the range of grounds for making such a verdict. Changes to the Unified State Register of Individual Entrepreneurs are made after a court verdict is issued.

If an entrepreneur voluntarily wants to close an individual entrepreneur, he submits the application to the tax service at the place of registration. After 5 days, he is provided with a certificate and changes are made to the Unified State Register of Individual Entrepreneurs. Then the businessman pays off the debt on tax payments and contributions to extra-budgetary funds. The fact that he has hired employees is not a reason to refuse liquidation.

Amount of compensation

In the event of bankruptcy or another reason for the closure of the company, each employee can count on certain payments. The amounts and terms of payment of compensation are almost the same everywhere. Each employee has the right to:

Last salary.
Compensation for unused vacation days.
Severance pay is also paid for the days while the employee is looking for a new job.
Compensation for sick leave and business trips. It applies to those who encountered illness or work travel before the order was issued.

The amount of payments is calculated taking into account the length of service and the monthly salary of the dismissed person.

As for travel expenses, they are paid in full after submitting all reports. The employer must pay all payments, except salary, to everyone on the last working day.

Submitting documents to the Employment Center

A company that is to be liquidated must notify the Employment Center of the upcoming closure process within 2 months. The corresponding norm is stated in Part 2 of Article 35 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment of the Population in the Russian Federation”.

A sample notice of liquidation of a legal entity submitted to the Employment Center must include a name list of all employees who are leaving. For each of them, you must indicate the relevant information - full name, position, profession, qualification requirements and salary level.

Notice of liquidation in form P15001

Submitting papers too late may result in a fine of 3 to 5 thousand rubles. The corresponding norm is specified in Article 19.7 of the Code of Administrative Offenses of the Russian Federation.

Reasons for terminating the activities of an individual entrepreneur

The liquidation of individual entrepreneurs is regulated by Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs” (as amended and supplemented). In accordance with Article 22.3 of this law, the liquidation of an individual entrepreneur may be due to a number of reasons:

decision of an individual entrepreneur to terminate activities;
death of an individual entrepreneur;
a court decision to terminate the activities of an individual entrepreneur declared bankrupt;
entry into force of a court verdict imposing a penalty in the form of deprivation of the right to conduct business activities;
cancellation of a document confirming the right of an individual entrepreneur to reside temporarily or permanently on the territory of the Russian Federation.