Often, employers solve economic difficulties not only by optimizing production: using new technologies or choosing alternative suppliers, but by using cost reduction due to reducing the number of labor force. The management solves the problems of reducing volumes and closing production facilities by reducing the number of employees through a special procedure — downsizing. Aif.ru figured out what and when can count on.
Will will the downsized employee receive a salary, bonus and compensation for unused vacation?
Oh sure. The employer is obliged to pay this money to the employee, regardless of the reason for dismissal. Salary for worked time — guaranteed payment, premium — depending on the accrual conditions stipulated in a particular organization, and compensation for unused vacation will be received by those who, for worked time, have not yet rested or used vacation not completely, for example, divided it into parts.
What's the additional payment for early reduction?
According to the Labor Code of the Russian Federation, the employer is obliged to notify the employee about the upcoming reduction no later than two months in advance. If the employee and the management come to an agreement that it is possible to terminate the employment contract earlier, then the reduced employee is entitled to additional compensation. To calculate it, they take the number of working days (hours) between the actual date of dismissal and the expected date specified in the notice, and multiply by average daily earnings.
What is the payment of average earnings for search time work?
The employer will pay the average salary to the laid-off employee within three months after the dismissal, but on the condition that the employee is officially unemployed.
For the first time, the employer pays money to the employee immediately upon calculation. If, within one month from the date of the reduction, the employee has not found a new job, he/nbsp;can receive a second such payment — in full for the month, or for part of it, if the work was still found.
Example: if the dismissal occurred on the first of March, and already on April 12, the employee started a new job, then the employer must transfer the first tranche in the amount of the average monthly salary, and the second — for the period from 1st to 18 April.
Important To receive payments for the first and second months, you do not need any special documents – you can simply bring the former employee a blank work book without records of new employment.
The third time it will be more difficult to get an average salary from an employer. It is very important to get registered in the CZN no later than two weeks after the reduction. If you miss the deadline, then, of course, they will take the employee into account, but, according to the Labor Code of the Russian Federation, the employer will not be able to pay compensation for the last month. To transfer the third tranche of payments, the EPC must decide on the reasonableness of maintaining the average salary, for example, to study the reasons for refusing the offered job and other factors. In addition, according to the bases of the tax and social insurance fund, no deductions from incomes — any money, even for a one-time freelance job, can deprive you of the status of unemployed and oblige you to return all benefits received.
What documents do you need to provide to an employer to receive an average salary?
If the first time the employer pays without any conditions, then the second and third transfers will need to be addressed specifically, collecting a small package of documents:
- application for payment of retained earnings;
- passport;
- original work book without records of employment;
- certificate from CZN about saved average earnings.
In order not to lose the right to receive this money, the employee has only 15 working days after the second and third month without work to contact the former employer. If the person managed to the deadline, then the employer must transfer the money within within 15 calendar days after receiving the application.
Is it obligatory to go to the employer for payment every month?
No. An employer can pay the average salary three times at once when calculating, however, this is his right, and not an obligation.
Who will be paid the average salary not three months, but six?
Extension of the obligation of the employer to support the laid-off worker — the privilege of workers from the regions of the Far North or areas equated to it. Such workers may be paid the average salary in the fourth, and fifth, and sixth month, if he does find a job. But for this you need a special decision of the EPC on exceptional circumstances for extending payments. In order to receive a transfer from the employer, you will also need to provide a new certificate from CZN on maintenance of average earnings and application every additional month.
Can can get unemployment benefits? when abbreviated?
This is the last type of payment that an employee dismissed due to staff reduction can receive. Despite the fact that a person needs to get registered at the employment center as soon as possible after dismissal, it will be possible to receive state benefits as an unemployed person only after all calculations are made by the employer. Everyone who registered in CZN and worked before dismissal has worked for at least six months.
The nuances of calculating and payment of unemployment benefits are enshrined in Law of the Russian Federation «On employment in RF». In accordance with Art. 33 of law the size of the allowance directly depends on what salary the employee received for the last three months preceding the dismissal. In addition, the allowance is calculated as a percentage: most of all — 75% of salary (but not more than 12 792 rubles in 2022 year) will be paid for the first three months after receiving the last payment from the employer, starting from the fourth month — 60% (but not more than five thousand rubles).
An employee registered with the CZN can receive more if he is registered in a region where any allowances are provided, for example, in ;connections with climatic conditions. So, for the subjects of central Russia, allowances are not provided, and for the northern regions (Yakutia, Chukotka, Sverdlovsk region, etc.), the federal unemployment benefit is multiplied by the regional coefficient.
Sources:
https://kaluga.hh.ru
https://journal.tinkoff.ru
https://t.me
http://www.consultant.ru
https://www.klerk.ru
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