The procedure for registering early dismissal due to staff reduction without working for 2 months

Is it possible to quit without working for two months?

The relationship between a worker and an employer is regulated by the Labor Code of the Russian Federation. The process of job reduction is described in more 180 Labor Code of the Russian Federation.

Under what circumstances you can resign in advance is stated in Art. 81 Labor Code of the Russian Federation.

According to the laws of the Russian Federation, the employer must notify a person who has been laid off 2 months in advance. The worker must confirm that he was warned in advance by signing the appropriate notice.

Articles on the topic (click to view)

• What to do and where to go if you are not paid upon dismissal
• What to do if you are laid off at work
• What to do if the employer does not want to fire at his own request
• What to do if the date of the dismissal order is later than the date of dismissal
• What to do if the employer does not give the work book after dismissal
• What to do if you didn’t work officially, you were fired, you didn’t get paid
• What is the employer obliged to give the employee on the day of dismissal?

Although the notice period is valid for 2 calendar months, the manager can terminate the employment relationship before the expiration of 60 days. This is also possible at the request of the worker.

Thus, it is not at all necessary to work for 2 months. During this period of time, a person who has been laid off can search for another vacancy and, if a suitable position is found, terminate the employment relationship in advance.

Benefit for the second and third months

A worker who has been laid off has state guarantees provided to provide financial support until employment. Namely, the right to receive average earnings immediately after dismissal. This rule applies until the day the citizen is officially employed, but cannot exceed two months.

Attention

The third payment to an employee who has been laid off is accrued subject to registration with the employment service no later than 14 days after the end of the employment relationship. The benefit is paid at the expense of the employer.

The citizen himself does not have the right to demand money for the third month. This is done on the initiative of the employment service. This payment will be the last.

If an employee wishes to terminate the contract before the end of the notice period, he must write a statement and submit it to the head of the company for consideration.

What is it and who can be the initiator?

Early dismissal is the termination of an employment contract before the date when staff reduction occurs.

According to the Labor Code of the Russian Federation, the management of an enterprise has the right to remove a worker from his position before two months have passed. In accordance with Art. 180 part 3, this can happen if the head of the enterprise receives consent from the worker in writing.

In order for dismissal to occur ahead of schedule, it is necessary that both parties - the employer and the employee - want it at once.

However, remember, if the initiative to terminate the employment contract comes from the worker, then he will have to fill out an application addressed to the head of the company. It is very important that it is compiled correctly. The subsequent process of dismissal and receipt of financial compensation directly depends on this.

The employee must clearly indicate in the application the reason for his resignation.

from his position due to staff reduction. If he indicates in the document that he wants to take the settlement on his own initiative, then no one will pay him compensation.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

Some unscrupulous employers require their workers to apply for dismissal on their own initiative due to layoffs. If you encounter this problem, you can safely go to court.

In the application, in addition to the reason, the employee must indicate the date of dismissal and, if available, list the vacancies that were offered to him by management. When drawing up an application for early dismissal, the employee must emphasize that he wants to leave his position before the reduction occurs.

It should also be noted that the employee expects to receive the payments due to him.

Guarantees and compensation

During the period of staff reduction and early dismissal of workers, the Labor Code obliges the manager to take a number of measures. Let's look at them in more detail.

In case of staff reduction, a person who decides to resign early is entitled to the following guarantees:

Notification 2 calendar months in advance that a reduction will be made. Notification of this must be provided to the employee against signature - in accordance with Art. 180 Labor Code of the Russian Federation

If an employment contract with a worker was concluded for 2 months or less, then he must be notified of dismissal no earlier than 3 days before it occurs. If you mean seasonal work, then workers must be notified of the layoff no later than a week in advance. (Articles 292, 296 of the Labor Code of the Russian Federation).

• Before 2 months have passed, the employment contract can be canceled upon application from the employee in writing.
• The management of the enterprise must offer the dismissed employee another vacancy in the same company. However, it must correspond to his qualifications. Dismissal should only occur if transfer of the employee to another position is impossible. (Article 81 of the Labor Code of the Russian Federation).
• If an employee has higher labor productivity, then he has a greater chance of remaining in his position. If this indicator is the same, then preference, according to Art. 179 of the Labor Code of the Russian Federation, given to: people whose family has 2 or more dependents;
• employees whose family except them receives a stable income;
• workers suffering from occupational diseases or injured at work;
• war invalids;
• employees whose professional development occurs inseparably from performing work.

Step-by-step instruction

When the initiator of early dismissal is the manager, it should occur as follows:

1. At the first stage, a reduction order is created.

Formation of a list of employees who have an advantage and are more likely to remain in their position.

2. Notifying the employee about the upcoming layoff 2 calendar months in advance.
3. Contacting an employee with a proposal to resign early.
4. Obtaining written consent from the employee.
5. Cancellation of an employment contract.
6. Creating an order for the early dismissal of an employee from his position.
7. Familiarization of the employee with the dismissal order.
8. Creation of appropriate entries in a personal card, as well as the worker’s work book.
9. Drawing up a note-calculation.
10. Making a settlement with a dismissed worker.
11. Handing over to the dismissed employee his documentation.
12. (if necessary). A message to the military registration and enlistment office that a person was dismissed early from his place of work.

If the initiative comes from the employee, then after he receives notification of the upcoming layoff, he must:

1. Submit a resignation letter. It should indicate the reason - “early dismissal due to the upcoming reduction of employees.”
2. Submit the application to the head of the company.

What documents need to be prepared?

Documents required to dismiss an employee early.

Creating an order

It should indicate the date of the upcoming dismissal, as well as the vacancy or the number of employees who will be laid off. In addition, the document must indicate the person responsible for carrying out the reduction of employees. The order is created in accordance with form T-8, or T-8a,

This is important to know: Can an employer fire you from a job without reason?

where, if necessary, several people can be entered.

The company's management can develop its own form of order, drawn up on company letterhead.

In the column indicating the reason for dismissal, you should write: “To reduce the number of employees of the organization, clause 2 of Art. 81 Labor Code of the Russian Federation."

In the “Bases” column, you should also note the details of such documents as:

1. order to reduce employees;
2. notification to the worker;
3. offering employees who have been laid off other positions;
4. act of refusal of employees to take the offered vacancies.

• Download the order form for early reduction of headcount and staff
• order for early reduction of numbers and staff

Notification

The document must be prepared personally for all employees subject to layoffs. The notification must include information about available positions at the enterprise to which the employee can transfer. After reviewing the notification, the employee will be required to sign.

Application or consent from the worker

An application for early dismissal from an employee should look like this:

General Director of Season LLC K.I. Pavlova From accountant Victoria Sergeevna Ivanova

I agree to terminate the employment contract due to job reduction based on the order dated (indicate the date the order was created). I was familiarized with the order 2 months in advance with the simultaneous issuance of compensation in accordance with Part 3 of Art. 180 of the Labor Code of the Russian Federation, the amount of which is the average earnings, calculated in proportion to the period remaining until the end of the notice period for the reduction.

11/13/2014 Ivanova V.S.

The resignation letter must be drawn up in two copies.

Consent to early dismissal at the initiative of the employer is drawn up as follows:

General Director of Season LLC K.I. Pavlova From accountant Victoria Sergeevna Ivanova

I, Ivanova V.S., agree to terminate the employment contract dated July 4, 2021 No. 054 due to a reduction in staff until the end of the notice period for layoffs on August 20, 2016.

10.10.2016 Ivanova V.S.

Order for payment of benefits

The document must be completed on a special form accepted by the enterprise. Sample:

on payment of severance pay dated August 4, 2014 No. 075 St. Petersburg

In connection with the termination of the employment contract in accordance with clause 2 of Art. 81 of the Labor Code of the Russian Federation, as well as before the expiration of the period specified in the notice of reduction (according to Part 2 of Article 180 of the Labor Code of the Russian Federation), on the basis of Part 1 of Art. 178 and part 3 of Art. 180 Labor Code of the Russian Federation,

1. Pay (full name of the employee, his position, personnel number), severance pay in the amount of one average monthly salary.
2. Save (full name of the employee) the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).
3. Pay (full name of the employee, position held, personnel number) additional compensation in the amount of average earnings for 2 months.
4. The accounting department of the enterprise shall make accruals and payments in accordance with this order. Reason: employee statement dated August 1, 2014.

Entry in the work book

Example entry:

12/05/2014 Dismissed due to a reduction in staff at the enterprise, clause 2 of Art. 81 Labor Code of the Russian Federation. Order dated December 5, 2014 No. 84-L

HR Specialist Ivanova K. A. Acquainted: Petrova G. I.

The photo below shows an entry in the work book about dismissal due to staff reduction:

Dismissal procedure

Let us consider the stages, and also describe their nuances and actions necessary for the legality of the procedure.

The decision to start downsizing. The employer has every right to accept it at his own discretion and choose any suitable time. Moreover, he is not obliged to explain the reasons or report to anyone.

Definition of beneficiaries. There are citizens who, when laid off, must be retained in their positions in the first place.

Reduction order. Within 3 days after publication, it is handed over to those dismissed for review, each individually. This is not yet an order of dismissal in form T-8 or T-8a, but only about a planned event.

Information

It may also contain an order to create a special commission on the upcoming reduction and outline the planned measures.

Notification. Under standard circumstances, the employer is required to notify staff of layoffs at least 2 months in advance. until the last day of work.

If there is agreement with the person being laid off, then he has the right not to comply with this rule, but then he is obliged to compensate this period or its balance with money, based on the average monthly earnings. This is the main nuance of payments for early dismissal during layoffs. Each of the parties has the right to propose not to comply with the notice period, and the employee must have written consent to this.

Order of dismissal under clause 2 of Art. 81 TK. It can be published not only on the deadline for work, but also several days before it. Awarded against signature within 3 days. from the date of signing for each person leaving. This also applies to the T-8a form (mass layoff) - it is given to each person being laid off.

Finishing measures. On the last working day, a personal card (T-2) is filled out, a mark is placed in the work book, which is handed to the employee. On the same day they pay him in full.

Payments and their calculation

Monetary compensation that an employee who has been laid off can count on:

• payment for time worked in the month of dismissal;
• material payment for unused vacation, calculated in accordance with the average salary and the number of vacation days;
• severance pay in the amount of average monthly salary.

If for some reason the employee was absent from the enterprise that day, the accountant will be required to make payments on the next day from the date of the employee’s request.

Under any circumstances, a person dismissed early must be paid financial compensation within the first 30 days from the date of termination of the employment contract.

Payment to a dismissed employee in the second month is due only if he does not have time to find a job by this time (Article 178 of the Labor Code of the Russian Federation). A prerequisite is that the employee must be registered with the Employment Service.

If the employment contract is canceled before the layoff begins, the employee is entitled to additional monetary compensation in the amount of the average salary. It is calculated in accordance with the time remaining before the expiration of the warning period about the upcoming reduction.

Responsibility for payment of compensation lies with the management of the enterprise. If the amount of compensation is less than required, the employee has the right to sue the employer.

Payment of severance pay

Since staff reductions do not occur at the request of the employee, labor law guarantees him the maximum protection that is possible in this situation. This means that the employer must financially support the unemployed employee.

In practice, this means that on the last working day the employee receives an additional payment in the amount of the average monthly salary in addition to his due salary and compensation for unused vacation.

p{amp}gt;If, a month after the termination of the employment relationship, the employee still does not find another place of work, the employer must pay the average monthly salary again. Moreover, if the employee managed to register with the state employment service within two weeks after dismissal, then, by decision of the commission, the employer may be required to issue benefits a third time if a new job has still not been found.

Average earnings are calculated for the last working year by adding up all payments received and dividing them by twelve - according to the number of months. If the employee did not have time to work at the enterprise for a year, the average earnings can be calculated for six months; if the employee did not have time to work even six months, the average earnings are taken according to the minimum value.

The procedure for dismissal due to staff reduction without working for two months

A reduction in staff is, of course, a shock for most employees.

But not for everyone. Many people roll up their sleeves and begin searching for suitable vacancies and even find them.

But here’s the problem - how to properly leave your previous place of employment?

Many people think that this is a simple dismissal of their own free will - and they are very mistaken...

Find out everything about dismissal due to reduction without working for two months.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Labor legislation

Speaking about the rights of an employee, we need to start from the very beginning: with how the dismissal procedure for redundancy is stipulated in the Labor Code of the Russian Federation.
This issue is addressed in the second paragraph of the eighty-first article - dismissal at the initiative of the employer. The text of the article states that the manager has the right to terminate the employment contract if he reduces the staff or number of employees at the enterprise.

This is not indicated in the text of the article, but every decision to reduce employees must be justified and carefully prepared.

Benefits and guarantees

Firstly, layoffs do not always mean losing your job altogether . If the management of the company has decided to reorganize, two departments, say, are merged into one, or one or another position is no longer needed, then the person being laid off is offered other options that are similar in functionality. If there are simply none, then everything that is possible.

Secondly, of course, money:

• payment for all time worked;
• compensation for unused vacations;
• severance pay;
• additional benefit - in accordance with those working days that remain before the layoff;
• average earnings during the two months that the employee joined the labor exchange until he finds a job.

How to quit?

Actually, the process of early dismissal due to staff reduction at the employee’s initiative will look the same as in the standard case:

• the head of the company issues an order to begin reducing staffing levels and sends it to the personnel service;
• HR officers are engaged in compiling lists of applicants for reduction (Article 179 of the Labor Code);
• those who are “lucky” to get on these lists receive notice of layoffs - this must happen no later than two months before the date of dismissal;
• if there are those who do not agree to sign the notification (and they have the right to do so), then this does not change the essence of the matter, but nevertheless, an appropriate act must be drawn up. Later, this paper will be included in the employee’s personal file;
• a citizen who wishes to resign early writes an application in the appropriate form and submits it to the office, where it must be registered;
• the head of the company makes a decision and imposes a resolution;
• an order is issued;
• The employee is paid on the day of his departure and an entry is made in the work book.

Early dismissal procedure

The reduction of the workforce is carried out taking into account several articles of the Labor Code.

Most of the procedure for the early departure of an employee is not much different from the standard termination of a contract. The employer takes the following actions:

1. An order is issued fixing the order to begin the procedure for reducing staff positions. That is, a change in the staffing table, from which certain positions (jobs) will be removed as a result.
2. The personnel department, which received this order, is compiling a list of positions and employees subject to layoffs (according to Article 179 of the Labor Code).
3. After which, employees included in the list are notified in writing.
4. Notifications prepared by personnel officers are signed by the head of the organization or enterprise, and then handed over to dismissed employees for review.
5. Upon receiving such a notice, the employee must sign it. Refusal to sign the situation will not change the situation, since in fact the position of this employee has already been excluded from the staffing table, and the upcoming dismissal is considered a legal fact.
6. But, nevertheless, the refusal is recorded in a separate act, which is then attached to the employee’s personal file.
7. After signing or not signing the notice, the employer talks with the dismissed employees, offering them a choice of various vacant positions.
8. It should be noted that persons belonging to preferential categories (for example, pregnant employees) are not subject to dismissal.
9. At this stage, the employee who has decided to leave in advance draws up a statement and submits it to the manager. The document undergoes mandatory registration in the accounting book, it is performed by the secretary or other responsible person. After which the application goes to the manager’s desk.
10. Having considered the employee’s request, the employer satisfies it or refuses to satisfy it. After which a resolution is imposed on the application.
11. If the decision is positive, a separate order is prepared. Based on it, employees of the accounting and personnel departments accrue funds.
12. The accrued payments are issued to the dismissed employee on the day that was indicated by him in the application (and then duplicated in the management order).

Submitting an application

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

In case of early dismissal due to staff reduction on the initiative of the employee, as with any other voluntary resignation, you will have to write a statement . You just need to do it correctly.

And the result is the standard 77th article of the Labor Code, that is, the usual personal desire - no benefits, no additional payments, and when the unlucky citizen realizes it, it is already too late.

So, in our case, the paper should contain:

• full name of the organization;
• to whose name it is addressed;
• from whom, position, department;

Order

If the head of the company does not object to the early dismissal of an employee before the expiration of the notice period, then he issues an appropriate order. The document is drawn up in the first person and contains:

• full name of the company;
• requirement to dismiss (for example, Ivan Petrovich Ivanov, senior manager of the department for work with legal entities) on his own initiative;
• date of dismissal;
• payment request addressed to the accounting department;
• date, signatures, company seal.

True, it’s better to play it safe – to avoid misunderstandings . To do this, the employer and the outgoing staff need to draw up an appropriate agreement - in two copies, one for each party. It must describe exactly what payments this citizen is applying for and how and when he will receive them.

Now the departing employee can calmly go to the accounting department and receive all the money due to him, without fear that he will be reproached for his own desires.

How should I write it down in my work book?

A corresponding note is entered into the citizen’s work book under the date that was listed in the dismissal order

There must be a link to the relevant article - 81, clause 1, part 1 of the Labor Code.

Does the employer have the right not to agree to early dismissal at the initiative of the employee?

What to do if the employer does not want to leave all the guarantees to the employee and let him go without working in case of staff reduction?

Unfortunately, the law in this case is on the side of the employer - he may or may not agree to such a step . However, no one can ever keep a person who wants to leave the company of his own free will (Article 77 of the Labor Code).

And it turns out that there are two options: do not resist the boss’s refusal and work the allotted time before the appointed dismissal, or write a letter of resignation with reference to the notorious seventy-seventh article. Which, of course, means automatic deprivation of all additional benefits and payments - except for wages and compensation for vacations, of course. The boss will even sign this statement with joy.

What’s worse in this case is not even the fact of refusal itself, but another moment. It is clear that no entrepreneur is interested in showering money on the personnel he is parting with.

In general, you need to have a good relationship with your superiors, and this moment is a very good illustration of this. Because if the businessman is not interested in dismissing you as in the standard layoff procedure, then everything can be used to get you to write a statement “on your own” - misleading, outright refusal, or even intimidation.

But even in this case, you should not give in. Theoretically, you can then explain to the court that you were forced to write a statement of your own free will. In practice, it is almost never possible to prove this.

If the boss agreed to fire you, but does not give you the money, you need to defend your rights . To do this, you can contact the labor inspectorate, prosecutor's office or court. In the latter case, it is necessary to enlist the support of an experienced lawyer - this will help to avoid pitfalls and other difficulties invisible to the layman.

The claim is filed with the district court of general jurisdiction in the number of copies based on the number of participants in the process and must contain:

• full name of the court district;
• date and place of compilation;
• essence of the problem;
• reasons that prompted you to resign early;
• which confirms that the boss’s refusal is illegal;
• references to legislation;
• requirement of what the applicant wants from the court;
• list of attached papers;
• signatures.

So it turns out that the main thing in early dismissal due to redundancy at the employee’s initiative is not to rush . Especially when applying. And, of course, it will be better for both parties if they respect each other's rights and needs and resolve everything amicably. This will allow you to avoid complaints, showdowns in court, and unnecessary time, financial, and most importantly, nervous costs.

Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:

Reduction without payment processing

Advice from lawyers:

5.1. Article 178 of the Labor Code of the Russian Federation obliges you to join the stock exchange within 2 weeks after the actual date of dismissal (to receive average earnings for the third month of employment):

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after dismissal the employee

applied to this body and was not employed by it.

16.1. Is there a difference in payments during layoffs with 2 months of work or without work? The HR department says that nothing is paid for these 2 months and they are fired immediately?

“If they manage to fool you, they won’t pay.” Labor Code of the Russian Federation, Article 180. Guarantees and compensation to employees in the event of liquidation of an organization, reduction of the number or staff of employees of an organization The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the average the employee’s earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal period.

Do they have the right to force you to write a letter of resignation due to staff reduction? - Hard to imagine. What is being raised on the rack, or on the fire before writing this statement? Don’t write such a statement and that’s it! If a reduction in staff is established by order, then a personal statement is not needed for your dismissal.

18.1. Dear Irina !

According to Article 180 of the Labor Code of the Russian Federation, when carrying out measures to reduce the number or staff of an organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code. Employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees. The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal period

Thus, the initiative to terminate an employment contract with an employee before the expiration of the period specified in part two of Article 180 must come not from the employee, but from the employer, and the employee can only give such consent or not.

22.1. Dear Mikhail,

I believe that in order to avoid possible problems, it is better to first give two months’ notice in writing, and only then dismiss due to staff reduction, without requiring a statement from the employee. When an employment contract is terminated due to the liquidation of an organization (clause 1 of Article 81 of the Labor Code of the Russian Federation) or a reduction in the number or staff of the organization's employees (clause 2 of Article 81 of the Labor Code of the Russian Federation), the dismissed employee is paid severance pay in the amount of average monthly earnings, and his average monthly earnings are also retained. for the period of employment, but not more than two months from the date of dismissal (including severance pay

GARANT system: More details >>> Refer to this resolution.

28.1. Labor Code of the Russian Federation, Article 180. Guarantees and compensation to employees upon liquidation of an organization, reduction in the number or staff of the organization’s employees

When carrying out measures to reduce the number or staff of an organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code. (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) Employees are warned by the employer personally and against signature at least two days in advance about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees months before dismissal. (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal period.

29.1. the date should have been May 4—everything is correct—that means upon dismissal you should have received compensation for 2 months until July 4—you can now get up and receive another 3 months of severance pay—Article 318 of the Labor Code, if you quit due to a reduction in numbers and staff under Part 2 Article 81 TRKRF, if by agreement of the parties - no.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

Article 318. State guarantees for an employee dismissed due to the liquidation of the organization or reduction in the number or staff of the organization’s employees

[Labor Code of the Russian Federation] [Chapter 50] [Article 318] An employee dismissed from an organization located in the Far North and equivalent areas due to the liquidation of the organization (clause 1 of part one of Article 81 of this Code) or a reduction in numbers or staff employees of the organization (clause 2 of part one of Article 81 of this Code), a severance pay is paid in the amount of average monthly earnings, and the average monthly earnings for the period of employment are also retained, but not more than three months from the date of dismissal (including severance pay).

In exceptional cases, the average monthly salary is retained by the specified employee during the fourth, fifth and sixth months from the date of dismissal by decision of the employment service body, provided that within a month after dismissal the employee applied to this body and was not employed by it.

Payment of severance pay in the amount of average monthly earnings and retained average monthly earnings, provided for in parts one and two of this article, is made by the employer at the previous place of work at the expense of this employer.

Payments in case of staff reduction

If the enterprise has concluded a collective agreement between the employer and the workforce, then before signing the dismissal order, the person being laid off should read its terms in detail. The collective agreement may contain special guarantees and compensation for layoffs.

Often, employers themselves persuade employees to resign in advance and at the same time insist that those being dismissed write a statement of their own free will. There is nothing illegal in such a request if there is no pressure on the employee.

An employee must understand that when dismissed at his own request or by agreement of the parties, he loses the right not only to severance pay, but also to receive average earnings for 2 months after dismissal if he was unable to get a job.

In addition, if within 14 days the dismissed person registers with the employment service, then, at the request of this service, the employee can count on the third month of payment of average earnings if he does not find a job before that time.

If a person wants to resign with the wording “due to staff reduction” before the expiration of the notice period, and the employer is against it, then terminating the employment relationship ahead of schedule is impossible.

Therefore, if the manager insists on dismissal by mutual agreement between the parties, then an additional agreement can be drawn up to the employment contract. In this document, you can agree not only on the date of dismissal, but also provide for compensation payments. The maximum amount of such payments is not limited by law, so the parties can agree on any amount.

Persons of pre-retirement age should pay special attention to the wording of dismissal. It is no secret that when there are 2-3 years left before retirement, it is quite difficult for a person to get a new job. Taking this circumstance into account, the Federal Law provides for the possibility of early assignment of pensions to persons who have been laid off. In this case, no more than 2 years should remain until reaching retirement age.

Regardless of what type of termination of the employment contract will be used at the enterprise, and whether there will be dismissal due to redundancy without working off, the procedure is structured the same:

• each employee who is subject to layoff is sent a notice of upcoming dismissal;
• a dismissal order is issued for the enterprise;
• On the last working day the final payment is made.

Notification

A mandatory written warning must be sent to each employee two months before the expected date of termination of the employment contract. That is, if the boss wants to exclude any position from the schedule from the first of May, he must inform his employees about this no later than the last day of February.

The employee must sign the notice, thereby confirming that he agrees with the upcoming dismissal and its terms.

Order

The dismissal order is issued to the enterprise immediately after the delivery of notices and collection of signatures. The document is drawn up according to the standard T-8 form. It must indicate that termination of employment contracts is carried out due to redundancy. Notices are not attached to the order. Unlike notifications, which must be strictly individual, the order can be one for all employees being laid off - this does not contradict the law.

Calculation

As you know, with any dismissal, no matter what the result, on the last working day the employee must receive in his hands:

• work book and certificate of average salary for the last working year;
• the wages he earned for that day;
• compensation for unused calendar vacation days.
• Upon dismissal due to staff reduction, without or with work, you are also required to pay severance pay.

Payments for different methods of dismissal

So, when the employee is notified that he is being laid off - he is familiarized with the official order, he must decide what to do next - leave or stay.

Let's look at both situations from the pros and cons:

Dismissal with two months' service

Opportunity to find a job you like

While the employee waits two months, a good vacant position can be filled

Receipt of all payments, including severance pay

The employee is provided with work for another two months and receives payment for his work.

After termination of the employment relationship, it is possible to register with the labor exchange

Early dismissal

Ability to quickly move to another job

No severance pay is paid

Receipt of all payments other than severance pay

You won’t be able to join the employment exchange if you don’t like something at your new job.

Thus, it can be noted that both methods of dismissal are optimal, but only in certain circumstances.

In essence, early dismissal involves the same payments as dismissal due to staff reduction, with the only difference being that in the first case, severance pay is not paid and it is impossible to join the employment exchange.

At the same time, it is worth noting that sometimes early dismissal is more profitable than working for two months.

For example, if an employee moves to a higher-paying job and believes that he can cope with new job responsibilities without problems.

Abbreviation difference

Despite the fact that the procedure for terminating an employment relationship is the same in both cases, it is necessary to understand the difference between a reduction in the number of employees and a reduction in staff.

In the first case, the total number of employees is reduced, regardless of what positions they occupy - simply out of ten, for example, accountants are retained to five.

In the second case, any position is completely excluded from the staffing table - that is, all ten accountants from the example above must be fired.

It is usually more convenient for employers to reduce staffing levels, since in this case they do not have to worry about preemptive rights.

Algorithm for early dismissal during layoffs

Special procedure for dismissal.

With early dismissal, the principle of dismissal and the algorithm are the same as for regular dismissal at the request of the employee. However, there are some differences:

1. Dismissal is carried out not at the request of the employee, but at the suggestion of the employer. Before this, the employee declares his desire to the boss and after discussing all the details, the manager draws up an agreement to terminate the employment contract early;
2. Then, once the agreement is signed by the parties, a dismissal order is created. Based on this order, all payments due are calculated: wages for time worked, vacation payments for unused vacation, as well as other compensation, if any are established by the internal rules and documents of the company;
3. The employee transfers all matters to the manager or employee who will perform his official duties after dismissal;
4. Financially responsible persons transfer all property and material assets, if necessary, an audit is carried out and a special report is drawn up on its results;
5. The employee receives all payments on the day of dismissal or earlier, but not later. The employee also receives all the necessary documents, including a work book with the corresponding entry.

Thus, the algorithm for early dismissal and calculation of payments due when an employee is downsized is very simple, but there are also cases when the law is violated.

In such situations, the employee can express his dissatisfaction both to the manager and to the Court, the Prosecutor's Office, and the Labor Inspectorate. All information will be carefully checked, and if the employee’s rights are truly infringed, the manager will be punished with administrative liability - with or without the imposition of a fine of the appropriate amount established by the provisions of the Labor Code.

From this video you will learn about dismissal due to staff reduction.

What payments are due?

As a small compensation for the loss of a job, the Labor Code of the Russian Federation proposes to make the list of payments for those who decide to vacate their place early longer by one point:

• severance pay (from 1 to 3 average earnings), Art. 178 TK;
• salary for actual time worked;
• average salary for the unworked period before the initial date of dismissal, art. 139 TK;
• vacation compensation;
• all existing debts.

Compensation for unused vacation

The reason for termination of the employment contract cannot affect the employee’s right to receive the cash equivalent of vacations not taken during the period of cooperation with the employer. If at the time of dismissal the employee has at least one day of unused rest, it should be compensated according to the rules of Art. 139 TK.

Severance pay

The Labor Code obliges the employer to pay all laid-off employees severance pay in the amount of one average salary, Art. 178 TK. However, those who managed to receive unemployed status within two weeks after dismissal can count on receiving an average salary from the employer for the period of job search (another 1 to 3 months if a new job has not been found during this period).

Benefit for remaining days

The unworked days remaining until the originally planned date of reduction must be paid according to average earnings, art. 139 TK. The specifics of calculating the average daily rate for such cases are listed in Government Decree No. 922 of 2007.

For example, a person was warned about the layoff on September 14, and he agreed to early dismissal on September 30. Based on this, you will need to compensate for working days from October 1 to November 15 (according to the company’s work schedule).

Average daily earnings are calculated based on the accrued salary for the previous 12 months (full, from the 1st to the 1st). Days of sick leave, downtime, etc. are excluded from this amount and period. For example, during the year an employee worked 252 days and was credited with 275 thousand rubles. salaries. Then the average rate per day will be:

275,000/252= 1091.27 rubles/day.

The remaining period on a 5-day schedule should be 34 working days. This means that the monetary remuneration for days not worked will be:

1091.27*34=37103.18 rub.

Wages accrued for an incomplete period

Salary for the period actually worked must be calculated according to general rules. If the month is not fully worked out, then all payments must be accrued in proportion to actual production.

For example, a specialist announced his desire to quit on October 15, the days worked were counted as 11 on the timesheet, the salary according to the staffing table was 23 thousand rubles. Then the calculation should be carried out according to the formula:

23,000 rubles/23 days (according to the organization’s schedule) * 11 days of actual work = 11,000 rubles.

Compensation for the period of employment

If the laid-off employee did not delay finding a new job, and within 14 days after his dismissal, he applied for help at the labor exchange (registered as unemployed), then the company will need to pay him the average salary for the period of searching for a suitable position. The minimum payment will be two months, but if a job is not found three months later, the employment center will issue an appropriate certificate so that the former employer pays the benefit for the third month, Law 1032-1-FZ.

More information about payments included in the calculation when dismissal due to reduction is written here.

Order of reduction

The reduction process begins from the moment the list of those to be laid off is compiled. This is done by the personnel officer or human resources department. Next, the manager uses notifications to warn employees about the upcoming procedure. This happens 2 months before dismissal under the standard.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

All relations between management and employees during layoffs of any type are regulated by Article 180 of the Labor Code of the Russian Federation. Early termination of an employment contract is established by Article 81.

The initiator of termination of work before the established deadline can be either the employee who is being laid off or the manager. There is one important point in the form of the need to agree on leaving a position with senior management in case of early termination.

Without approval, you cannot leave your job for redundancy before the deadline. For such a case, voluntary dismissal is used, but this option means the loss of most of the additional funds.

An early break can be accomplished in two ways. The first is to draw up an agreement based on the contractual form in writing. The second option is early dismissal, which is agreed upon with the employer.

An agreement is a special form of dismissal, and early dismissal is one of the options for leaving without working off.

The order of reduction without working out:

• notification to the employee of layoffs;
• the employee writes a statement including special points;
• agreement is made with the employer;
• The dismissal procedure and settlement begins.

On the last day of work, the employee will receive all due compensation, as well as a package of documents.

It is worth considering that you can either remove the working period after receiving the notice or shorten it.