Loss of the workplace is almost always an unpleasant event. But it's one thing when a former employee is escorted with honor and gratitude for the work done, and another - when the dismissal is due to problems in the company itself, and even in a fraudulent way. Unfortunately, more than half of modern organizations sin precisely with the second type of dismissal. And naive citizens allow management to violate their rights. To avoid this, you need to know at least the basic nuances of the procedure for leaving work. In this case, we will consider what should be the order of dismissal for staff reduction.
Dismissal for reduction - memo to employees
The layoff procedure to reduce the staff for many companies is a headache. Loopholes in which it is possible to facilitate this process, reduce costs and circumvent the labor code are searched in almost every organization. And unfortunately, they are often found. To prevent this from happening, it is worthwhile to take note of how the firing procedure for reduction should actually take place.
1. Any company must provide its employees with a notice of dismissal for reduction no later than two months before the actual reduction in the number of staff. In addition to the general meeting and information at the stand, the organization's managers must convey the information to each employee personally and receive its confirmation by signature.
2. The conditions for redundancy dismissal consider the option in which the employee, who is deprived of the post, the management can offer other vacant positions corresponding to his experience and qualifications. But most often this does not happen, as the employees are not aware of the existence of such a duty of their leadership.
3. Another important nuance to which you need to pay attention is the early termination of staff reduction . This situation occurs when an employee who fell under the reduction expressed a desire to resign before the due date due to employment for a new job. In this case, the organization has no right to interfere with the employee. With regard to compensation, the employee has the right to expect an additional payment in the amount of the average earnings calculated in proportion to the time left before the expiry of the warning period for the reduction.
4. Payments upon dismissal for reduction. If an entry is made in the work record book, the employee has the following compensation upon dismissal for reduction:
- Not later than the last day of work, the employee must receive a calculation in the amount of the salary for the last month of work + compensation for all unused vacation
- Together with the calculation, the employer is also required to pay an advance payment in advance for the first month of unemployment of the employee. If the employee has not found work within two months, the employer is obliged to pay one more allowance in the amount of the average monthly earnings. Provided that 14 days after the dismissal the employee registered with the Employment Service, but 3 months after the reduction, he found a job, he was entitled to one more severance pay for redundancy and temporary unemployment.
- Benefits in case of dismissal for reduction. In the event that an employee who has been reduced and registered with the Employment Service has not found a job within 3 months, from the first day of the 4th month of unemployment has the right to receive benefits. Pay it will be the Employment Service in the following order:
- starting from the fourth month after the dismissal for reduction and the following 3 months: 75% of the average monthly earnings;
- the next 4 months - 60% of the average monthly earnings;
- from 8th to 12th month - 45%.
Also, an employee who falls under redundancy for a reduction has the right:
- to get free information about employment;
- free education and professional development in the direction of the employment service;
- free reception of services on selection of work from the employment service;
- payment of a sick leave in case of illness during the period of job search;
- payment of a grant for the opening and development of small business in the amount of 12 maximum sizes
unemployment benefits.
In order for all the above benefits to be available, an employee who has been dismissed due to staff reduction should apply to the employment service at the place of residence within 14 calendar days from the date of dismissal.
If the conditions for dismissal for reduction described above were violated by the employer, the employee has the right to apply to the court. The law will always be on the side of the worker, in whatever country he is. Everyone is obliged to know their rights, and for this, though sometimes it is worth looking into the labor code.