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Liquidation of an enterprise and its reasons. The procedure for dismissing an employee in connection with the liquidation of an enterprise. Documenting. Compensation payments.

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The employer is responsible for his actions not only to the state, but also to the employees of his company.

If it is necessary to terminate an employment contract, he must comply with the procedure established by law so as not to harm the further employment and financial development of his employees.

Many employers, in order to reduce their own costs, can use tricks and use other clauses to fire workers.

But it is worth noting that in the event of litigation, they may suffer greater losses than in the case of legal dismissal of employees.

Basic moments

As a rule, an enterprise is created for the purpose of making a profit for its owners. But deteriorating profitability or other reasons lead to the need for liquidation.

This process is negative not only for the manager, but also for all ordinary employees. The employer’s task is to minimize the damage caused to employees due to loss of work.

What it is

Liquidation of an enterprise is the complete cessation of its activities. This procedure can be carried out by decision of the owners or the court.

The reasons for liquidation may depend on the financial position of the company or the carelessness of its owners. In the first case, liquidation occurs due to the unprofitability of the company.

If the owner determines that his business is not profitable, but is operating at a loss for a certain period, he can begin the liquidation process.

But, as a rule, few people make a timely decision to close their business.

In such cases, a large number of liabilities accumulate, which become increasingly difficult to pay. The company is declared bankrupt and subject to liquidation.

Also, a company can be liquidated if its owner does not comply with the legally established conditions for the creation and operation of an enterprise:

An enterprise can be liquidated by a court decision, carried out on the basis of violations and for the following reasons:

• illegal activities;
• lack of license.

If, for any of the above reasons, the liquidation process was opened, it is important to comply with the norms and rules established by law, which provide for a significant number of measures, including the dismissal of employees.

Types of termination of employment relationships

Labor relations are based on the conclusion of an agreement between the employee and the employer. It can be terminated either unilaterally or bilaterally.

Termination of employment relationships is divided into four types:

Dismissal due to the liquidation of an enterprise is considered to be independent of the parties to the agreement. But if necessary, other types of contract termination can be used.

The priority in this case is to respect the interests of both parties signing the agreement. In case of violation of the rights of one of the parties, the issue is resolved in accordance with the procedure established by law through the court.

Normative base

All stages of the relationship between employer and employee are regulated.

In this case the following are relevant:

It is worth noting that if the conditions for terminating the employment relationship are specified in the contract, then both parties refer to this document and not the above acts.

Issues related to the creation and liquidation of enterprises are regulated by the Civil Code of the Russian Federation.

Dismissal of employees requires them to receive compensation payments, which, in turn, are included in income.

They may be exempt or taxable. This issue is regulated by the Russian Federation.

Dismissal of employees due to liquidation of the enterprise

The legislation of the Russian Federation provides for a clear procedure for dismissing employees in connection with the liquidation of an enterprise.

This document must contain the entire list of dismissed employees with information about their qualifications and salary level.

The decision must also be communicated to all employees without exception. To do this, a notice of future dismissal due to liquidation is issued; it is issued in two copies, one of which is kept by the employer, and the second by the employee.

It must indicate the reasons and timing of the upcoming event. The employee must be familiarized with this document earlier than 2 months before the scheduled date of dismissal, which will allow him to find a new job.

If the employee refuses to sign and receive a copy of the notice in hand, an act of the employee’s refusal to sign the notice upon receipt of it in hand about the upcoming dismissal due to the liquidation of the enterprise is drawn up.

He must record that the employee voluntarily refused the notification; the document must be certified by the manager and witnesses who are employees of the enterprise.

You can see examples of these documents below. According to the date specified in the notification, it will be published in two months.

The employee must read it and sign it. After which the final calculation procedure will be carried out.

Step-by-step instruction

Like any process in an enterprise, even during its liquidation, the dismissal of an employee has a clear algorithm.

All stages are accompanied by the release of documents and familiarization of employees or other designated persons with them.

Video: remember to properly dismiss employees during liquidation

It is important to provide for and follow all stages of the procedure for dismissing an employee during liquidation. The first of them is, of course, the very fact of making a decision on liquidation by the owner or the court.

Based on this document, a procedure begins, which consists of the following points:

• notification to the employment service about the upcoming dismissal of all employees of this enterprise;
• warning employees in writing;
• issuing decrees of dismissal;
• settlement with employees;
• making an entry in .

Recording in labor

The work book is the main document for the employment of an employee. It reflects not only his length of service, but also characterizes him as an employee.

According to the articles under which he was fired, the future employer will be able to draw a conclusion about the quality of his work.

This also determines the amount of benefits paid by social security authorities in the event that the person for some reason was unable to find a job.

Therefore, the employer is obliged to display truthful information.

In this case, it records that the employee was dismissed due to, that is, in connection with the liquidation of the enterprise.

Examples of filling out a work book in this case can be seen below:

What payments are due?

According to the Labor Code of the Russian Federation, if termination was not due to the fault or initiative of the employee, he has the right to a number of compensation payments.

When dismissal due to liquidation of the enterprise, they include the following:

It is worth discussing the process of taxation of these payments. According to the legislation of the Russian Federation, compensation payments are the income of citizens.

But they are exempt from taxation if their total value does not exceed 3. Otherwise, a rate of 13% is applied to them.

Compensation payments will allow the employee to survive the job search period, which may drag on, without financial difficulties.

In this case, the employee has the right to contact the employment center. Here, specialists will help you quickly find a vacancy for a person, and if there are no vacancies, the employee will receive unemployment benefits.

It is worth noting that the process of dismissing an employee may be difficult if the employee himself refuses to familiarize himself with the documents.

To avoid this, even before the start of liquidation, it is necessary to provide detailed information to employees in preparation for it.

But such an initiative by the employer should not exclude the provision of the person with the required payments.

Under conditions of unprofitability, bankruptcy, or by a court decision, the owner or their group (in the case of LLC, CJSC, OJSC) is obliged to carry out the procedure for liquidating the enterprise, that is, the complete cessation of its activities.

As part of this, a number of measures are envisaged, including the dismissal of employees, which has its own procedure.

The employer is obliged to notify social employment authorities and employees about the decision made and the upcoming dismissal 2 months before liquidation.

Dismissal due to the liquidation of a business is stressful because the employee loses regular income, but the process is inevitable.

Sometimes an employer fires employees by deliberately reorganizing the firm or company, saving on personnel. When applying for a job, employees need to ensure they have knowledge of the laws and have an idea of ​​what kind of dismissal order should be included in the employment record.

Notification of layoffs

Labor legislation prescribes the procedure for dismissing employees during the liquidation of an enterprise. Sometimes it is not always possible to personally familiarize yourself with the dismissal order (for example, due to the evasion of the dismissed person, or the employer is not able to do it himself)

On the last day of work, the dismissed person receives a work document with a notice of dismissal under Art. 81, parts one, and calculation. Additionally, he may require other documents (certificate of salary, paid insurance premiums).

A couple of weeks before the dismissal occurs during the liquidation of the enterprise, the manager must send a notice to the military commissariat of the city or district if his employee was registered with the military.

Payments upon liquidation of an enterprise

In connection with the liquidation of the enterprise, dismissal involves the following payments for those dismissed.

1. Salary balances are mandatory.
2. After leaving the company, a person receives money from the organization for a period of several months, compensation for vacation if it was not fully used. Such compensation depends on the employee’s length of service and his salary.
3. Specialized work groups have their own compensation.
4. If an employee has many years of service, he receives benefits for several years.

Retrenchment during the liquidation of an organization gives the employee the opportunity to sign a statement before the termination of its activities enters into legal force. An enterprise can also stop operating due to bankruptcy. In this case, the employer pays the remaining salary based on average earnings.

An employee who is on the commission during the liquidation of an organization, according to the Labor Code of the Russian Federation, is notified in the following ways:

• notification of liquidation takes longer than other employees (the law does not specify specific deadlines);
• the employment contract is terminated, but it is extended by a service agreement.

What benefits are provided in connection with the liquidation of an enterprise?

Dismissal due to liquidation of the organization And entails the payment of compulsory benefits. To receive it, the dismissed person must apply and confirm that he is not employed. You also need a decision from the central control center for the city or district. With its help, the employer is obliged to fulfill the obligations established in it for this compensation.

According to Art. 296 of the Labor Code of the Russian Federation, citizens employed in seasonal work have the right to receive compensation based on a two-week salary, not a month.

According to Art. 318 of the Labor Code of the Russian Federation, citizens working in the Far North and neighboring regions can receive benefits initially.

What are the reasons for the liquidation of an organization?

Both private and public organizations can liquidate their activities.

Dismissal of employees and reduction of staff during liquidation are inevitable consequences of this process. Everything goes through the courts. Otherwise, actions during the liquidation of an organization are illegal, and the actions of employers who are responsible for the lawful dismissal during the liquidation of an organization of citizens are criminally punishable.

The reasons for the cessation of activities of public and private organizations are as follows. The activities of an enterprise may be terminated due to the initiative of the owner of the enterprise due to its unprofitability, impossibility, as well as by decision of creditors or a government agency.

Issues related to the payment of compensation are set out in the Labor Code of the Russian Federation. Every employee must be made aware of them in advance, and the laws must be followed by the employer. Otherwise, the employee may apply to the judicial authorities to speed up the process of receiving funds.

The salary is paid on the last day of work, and notice of the liquidation of the organization is sent to those dismissed against signature.

If a maternity leaver decides to quit, she receives maternity payments. Women caring for children can apply for benefits within a year. It is advisable to provide pregnant women with a new place of work if these conditions are specified in the organization’s employment procedures.

Not all retirees can be fired. Even when organizations are reorganized or liquidated, they are left in place due to their extensive experience and quality of work. But in case of complete liquidation, pensioners are dismissed in accordance with the general procedure. Dismissal does not entail severance pay, since they already receive their basis - pensions - and it is pointless to dispute the issue of payment of additional funds.

In general, the chief accountant also resigns. Unlike pensioners, he has the right to all necessary compensation. Management must comply with the law in its actions. This is important because some underground companies or blacklisted companies undertake to fire employees illegally and without payment, including upon completion of their work.

The director has more privileges upon dismissal than other employees upon liquidation of the organization. He may be given additional bonuses and remunerations, severance pay increased several times (compared to ordinary colleagues).

Employees who lose their jobs must be paid alimony and sick leave if the employee is injured at work. If vacation is unused, the employer pays compensation for it.

Step-by-step 2019 instructions on notifications and other dismissal processes will help you understand how they happen. It involves compliance with the rules of the law regarding the liquidation of an organization. Voluntary termination costs a certain amount.

The process of notifying colleagues about the upcoming cessation of the organization's work is difficult, especially for employees who are not confident in further stability. All employees have been laid off, and not everyone may be lucky in finding a new job. After the management decides to liquidate the enterprise, management needs to provide lists of those dismissed to the employment service for their registration and further search for work.

There are rules when laying off workers. For a certain number of dismissed people, calendar days are scheduled in periods during which the process must come into force. For example, with a staff of 50 people, the reduction occurs within one month, with 200 people - within two months. The fewer employees in the team, the faster the dismissal occurs.

Dismissal due to the liquidation of an enterprise is not a reason to panic: you will not be left without money, as the law will support you.

If you are not confident in your knowledge of the Labor Code of the Russian Federation, seek legal advice not only for recommendations, but also to ensure the legality of the employer’s actions. A good lawyer will find an individual approach and take your case seriously.

The procedure for liquidating companies is established at the legislative level. To contact a law firm, you will have to pay a small amount, but the chances of successfully solving problems will be higher than if you act on your own, especially without knowing the laws.

When making redundancies, you must comply with the law by following the instructions. However, recently a different situation has been observed, especially at enterprises operating illegally. Without the help of a professional, there is a risk of being left without due payments. When choosing a law firm, rely on client reviews as there are many illegal firms that can cause you problems.

Look for the best lawyers and they will help you in any life situation.

Liquidation of an organization, regardless of its organizational and legal form, is associated with various kinds of difficulties.

The closure is especially hard for full-time employees, who, because of this, lose not only their positions, but also a permanent source.

The labor legislation of the Russian Federation protects its citizens who are dismissed by management due to the liquidation of the company.

General procedure for dismissing employees during liquidation

Article 81 of the Labor Code of Russia regulates the procedure for dismissing employees when, and also provides for additional compensation payments for them.

The procedure for closing an organization is as follows.

. The authorized body makes a decision to liquidate the company. A corresponding resolution can also be adopted in court.

. The manager issues an order to dismiss staff members from their positions. This internal document is drawn up on the basis of a decision made by the employer (Form T-8).

. The procedure for dismissal during liquidation of an enterprise requires the employer to submit data about each full-time employee to the local employment service.

These documents must indicate the following information: position, profession, salary, specialty.

Federal legislation provides for a deadline for submitting data - 2 months before dismissal.

The form that is submitted to the employment service is approved by Decree of the Government of the Russian Federation No. 99 of 02/05/1993.

. Dismissal during liquidation requires the employer to submit a corresponding notice to the local trade union. He must transfer the data no later than 3 months before the start of the liquidation procedure.

. If the company has a military employee on its staff, then the manager must send a corresponding notification to the local military registration and enlistment office. The form of such a document was approved by the General Staff of the Armed Forces of the Russian Federation on April 11, 2008.

. Each employee must be personally familiarized with the order, which he signs in the appropriate accounting register. For this purpose, federal legislation sets a deadline - 2 months before the completion of the liquidation procedure.

. On the last working day, the employer must issue work books to all employees, which contain notices of dismissal (the basis is clause 1 of Article 81 of the Labor Code of the Russian Federation).

On the same day, final settlement of wages and other payments must be made with employees.

. If a company employee has been withheld on the basis of a court decision, the manager notifies the local bailiff service about the liquidation of the company.

He must give them, in addition to the writ of execution, an employment agreement and other documents relating to this issue.

. If alimony was withheld from the employee, the employer informs the recipient of his dismissal within three days (Article 111 of the Family Code of the Russian Federation).

. The mass dismissal of workers is carried out in several stages. First of all, contracts with employees are terminated. After this, labor relations with economic services and the administrative apparatus are terminated.

Labor relations with specialists involved in the liquidation procedure are terminated last.

Notification of employees about the liquidation of the enterprise

The procedure for liquidating an enterprise and dismissing employees is regulated by Russian federal legislation.

It is the employer's responsibility to provide closure notices to:

• all full-time employees 2 months before termination of employment contracts;
• employees who are employed in seasonal work are notified no later than 7 days before termination of the contract;
• those employees with whom employment contracts were concluded no later than 2 months before liquidation, notifications are sent 3 days before their termination;
• if the organization has been recognized, then its full-time employees are notified of the upcoming dismissal (selected on a competitive basis) 1 month in advance;
• If the employer is ready to pay compensation to employees, then he can terminate employment agreements with them before the deadline established by law.

The notification form is drawn up in free form. It must contain the necessary details, information that dismissal will be carried out in connection with the liquidation of the enterprise, the signature of the manager and the company seal.

In the event that an employee refuses to put his signature on a document, a corresponding act is drawn up in the presence of 2 witnesses.

Now the 2-month period before the date of dismissal will be counted from the date of signing the act.

If a company employee is on a business trip at the time of distribution of notifications, then the manager recalls him to hand over the document against signature.

When the manager is unable to familiarize the employee with the notice, he can send it to him at his home address.

To do this, you will have to issue a registered letter, a list of attachments and a postal notification form, which, after signing by the recipient, will act as evidence.

From the date of receipt of the registered letter indicated in it, a 2-month period will be counted until the termination of the employment contract.

Order of dismissal due to liquidation of the enterprise

The dismissal of employees during the liquidation of an enterprise, in accordance with the regulations of the Labor Code of the Russian Federation, must be documented.

The manager issues orders to terminate employment contracts (form T-8 or T-8a).

If dismissal is carried out by agreement of the parties, then the order can be signed ahead of schedule.

To do this, the manager must receive written confirmation from the employee and also agree to pay him compensation.

In the case where an employee is dismissed during the liquidation of an enterprise, the order is signed 2 months after his notification.

After each employee familiarizes himself with the order, appropriate entries are made in their work books.

It is mandatory to indicate the number of the article of the Labor Code of the Russian Federation under which the dismissal was carried out, as well as the number and date of the order.

Dismissal of maternity workers and pregnant women during the liquidation of an enterprise

The dismissal of a maternity leaver in connection with the liquidation of an enterprise is carried out in the following order:

1. The employer notifies the trade union 3 months before the termination of the employment contract with the maternity leaver, and the employment service 2 months before the termination.
2. 2 months before the dismissal of a pregnant woman is formalized, she is given a corresponding notice.
3. An order is issued, which the maternity leaver will have to read and sign in the appropriate register. If it is not possible to obtain a signature, then an act is drawn up.
4. An entry is made in the work book indicating that the maternity leaver was dismissed during the liquidation of the enterprise.
5. The final payment is made, all documents and certificates are issued.

Upon dismissal due to the liquidation of an organization, maternity leavers can count on the following types of benefits and compensation:

• weekend;
• for child care;
• for pregnancy (for the entire vacation period);
• for unused vacation;
• for termination of an employment contract (additional compensation).

After dismissal, the maternity leave must register with the local employment service in order to continue receiving the payments due to her.

The benefit will be transferred to her card account or in the form of . She needs to provide the following documents to this body:

• application of the established form;
• sheet of temporary incapacity for work;
• extract from the work book.

Despite their status, which is sacredly protected by federal legislation, women on maternity leave cannot exercise their right to retain their position during the liquidation of the company. They are notified of the impending dismissal on a general basis.

Dismissal of managers and officials upon liquidation of an enterprise

Upon liquidation of an organization, the entire management team may be dismissed. For example, the general leaves his position based on a decision made by the enterprise.

In accordance with the regulations of the Labor Code, this fact must be recorded. This document will indicate the date of dismissal of the director. An entry will be made in the general director’s work book containing a link to the protocol.

It is this document that will be the basis for terminating the employment contract with the director.

The dismissal of a manager due to the liquidation of a company is carried out in a certain sequence.

STAGE 1. MEETING OF FOUNDERS

If we are talking about a limited liability company, first of all a meeting of the founders is held, at which everyone is accepted.

STAGE 2. LIQUIDATION COMMISSION

In the process of carrying out the liquidation procedure, the owners of the organization appoint a special commission, the functions of which are not only to prepare the relevant documentation.

She is authorized to dismiss the manager from his position at the moment when the decision to close was made.

Since the company will continue to operate economically for several months, albeit within strictly limited limits, it will not be able to do without a director.

During this period, the functions of the head will be performed by the chairman of the liquidation commission.

The commission can be appointed by the body that issued the decision on liquidation.

STAGE 3. APPOINTMENT OF A LIQUIDATOR

If at the general meeting of the founders a decision was made to appoint a manager to the position of liquidator, he will be the last to resign.

An entry in his work book will be made after the organization ceases to exist as a legal entity and the relevant documentation (confirming this fact) is received from the Federal Tax Service.

STAGE 4. NOTICE OF TERMINATION OF THE AGREEMENT

If the functions of a manager are assumed by the head of the liquidation commission, then the termination of employment relations with the director will be carried out according to the standard scheme.

When dismissing company staff, no distinction is made between ordinary workers and administrative employees.

Everyone, including the director of the enterprise, is given notice 2 months before the termination of employment contracts.

After this, orders are issued that are brought to the attention of the employees of the liquidated enterprise.

He puts his signature in the appropriate accounting register, which will indicate that he has been informed of the upcoming dismissal.

Dismissal due to liquidation of the company can be carried out by decision of the owners or director.

The procedure is carried out according to the standard scheme: notification, issuance of an order, signature in the register, issuance of a work book, final payment.

The chief accountant has the right to demand compensation from his company for the loss of his position and source of monthly income.

Termination of an employment contract with staff is a mandatory condition when closing a company, but the liquidation of an enterprise, the procedure for dismissing employees, has a number of other features enshrined in federal regulations. This procedure is carried out individually in relation to each employee. The main provisions are set out in the labor legislation of the Russian Federation, as well as in the charters of organizations. So, what benefits can an employee expect upon dissolution of his position, and what are the main actions upon dismissal in connection with the liquidation of the organization?

Today, government policy in this area has a number of specific features, while maintaining balance and efficiency. The Labor Code of the Russian Federation, as amended in 2017, pays much more attention to employees than to management. Upon liquidation of the company, management guarantees the preservation of the legal rights of employees. In this article we will look at step-by-step instructions for dismissing employees during liquidation of an organization.

In most cases, the main reason for the liquidation of an organization is the decline of the economy and various government changes in tax legislation. The decision to dissolve the company and the upcoming dismissal of employees is made either by the owner and other members of the management team, or by the court in the first instance. The last option involves the so-called legal move.

It is worth noting that the dismissal of employees during the liquidation of a company and a fictitious termination of work should occur according to the same structure. Some differences may arise if management undertakes a planned downsizing or reorganization of the company.

Dismissal of employees in connection with the liquidation of an enterprise in accordance with Articles 13 and 27 of the Labor Code of the Russian Federation must meet the following criteria:

• lack of opportunities to transfer an employee to another position (lower or higher level);
• the massive nature of the dismissal (that is, this procedure applies to both ordinary workers and directors);
• there are no restrictions on the dismissal of certain groups of the population (pensioners, veterans, pregnant women);
• If an employee is on sick leave or on maternity leave (child care), he is also subject to the established procedure for terminating an employment contract.

Dismissal upon liquidation of an organization is possible only if the company cannot continue to perform its direct functions in the future, in particular, does not have the means to provide citizens with material goods. This rule applies to both legal entities and individual entrepreneurs.

The main stages of dismissal of employees during liquidation of an organization

Like any long-term structural process, the dissolution of private companies takes a significant amount of time and is divided into several stages. It all starts with making a decision on dissolution, after which a special liquidation commission is created, whose tasks include monitoring the implementation of this procedure. Thus, this structure undertakes to advise employees when various types of issues arise (notifying employees). The next stage will be marked by notifying trade unions and employment centers and issuing an order for mass layoffs.

Next, management makes a final settlement with each employee, which involves the payment of wages in full and the established amount of compensation. The final liquidation of the organization is possible only after filling out all personnel documents and entering information about the closure of the company in the Unified State Register of Legal Entities. It is also necessary to notify Rosreestr, especially for situations involving company bankruptcy.

Please note that the liquidation commission meets from the moment the decision is made until the final dissolution. Directors are also subject to layoffs, but they can be members of this committee. This is documented in the form of concluding an urgent application (instead of a terminated employment contract) to assist in dismissal during the accelerated liquidation of the enterprise.

Dismissal due to the liquidation of an enterprise constitutes termination of contractual relations in accordance with the Labor Code of the Russian Federation:

1. Since the final decision to close a company is made by management, this procedure falls under the section “termination of an employment contract at the initiative of the employer.”
2. Article 180 of the document under consideration defines guarantees for ensuring and protecting the rights of citizens, which include the provision of compensation payments.
3. Cancellation of an employment contract is carried out only bilaterally with prior notification by the employee (even if at that moment he is on a day off, sick leave or maternity leave).

The liquidation of an enterprise is carried out under the control of a specially created commission, which, in turn, limits the company’s management in the subsequent restoration of the work process. That is why this procedure affects the activities of significant government structures (trade unions, employment centers, Unified State Register of Legal Entities).

Notification of personnel about the liquidation of the company is carried out on an individual basis; each employee must be notified in writing no later than 2 months before the scheduled date of dismissal. At the same time, the date of termination of contractual obligations between the employee and the employer does not correlate with the time of closure of the organization, since an individual has the right to receive benefits and severance pay after signing this document.

A period of 2 months is also provided for informing other services (employment center and trade union). If this wording is distorted and the basic rules are not observed, the authorities face an administrative offense under Article 19.7 of the Code of the Russian Federation on Administrative Offences. The amount of the fine can vary from 300 to 5000 rubles.

You can reduce staff notification time by:

• if this is temporary employment for an employee (that is, a fixed-term contract for several months has been concluded), then he must be notified of dismissal within 3 days;
• seasonal workers must be given at least a week's notice.

Any employee has the right to resign early on his own initiative, without waiting for the termination of the employment contract. And remember, this fact does not in any way affect the amount of compensation payments.

Union Notice

Termination of employment contracts with employees at the initiative of the employer is carried out only with the permission of the trade union, after notifying it. According to this provision of the Labor Code of the Russian Federation, this government structure must be notified of the closure of the organization within two weeks after the final decision is made.

The company management undertakes to notify the trade union of the termination of contractual obligations with a particular employee in the following cases:

1. Liquidation of the enterprise, massive reduction in the number of employees.
2. If an individual does not meet the stated requirements, which in turn prevents him from performing his direct work activity.
3. Absenteeism without good reason, or rather absence from work for more than 3 hours of working time on an ongoing basis.
4. Violation of order, systematic failure to fulfill duties without a valid reason (if there have been disciplinary sanctions in the past).
5. If the employee was absent from work for more than 4 months without providing medical certificates and other documents confirming the right to temporary disability.

Thus, notifying the union is a mandatory procedure for the employer. Otherwise, he does not have the right to terminate the contract with any of the employees and, when the person applies to judicial structures, will have to pay compensation (the average monthly salary of the employee).

Employment services must first be notified of the liquidation of a company and the dismissal of personnel, especially for organizations with a workforce of several hundred people or more. However, this is very problematic if there is no branch of the center in the rural area where the enterprise is located.

To do this, management must contact the nearest structure in writing:

• if a complete dissolution of a legal entity is carried out (the number of personnel is more than 15 people);
• mass layoffs of workers (if up to 50 people are laid off, the employment center must be notified within a month, more than 200 people - within 2 months).

These parameters have federal significance, but may vary depending on the region under certain conditions. Let us remind you once again that employment services must be notified no later than 3 months before the liquidation of the enterprise; in case of mass layoffs, this period is somewhat shorter.

Entitled payments

Recently, cases have become more frequent when employers deliberately deceive employees in order to delay or refuse to pay the required amount of money upon dismissal. In this regard, each employee of private and public enterprises must know their labor rights in case of early termination of an employment contract.

Thus, on the last working day, the employee has the right to receive:

1. Salaries, as well as arrears for previous months.
2. Material compensation for unspent vacation days (calculated as one vacation per year, according to Article 127 of the Labor Code of the Russian Federation).
3. Compensation, that is, severance pay (the amount of which is a monthly salary without additional payments).

Please note that severance pay and other compensation payments do not apply to seasonal workers and persons combining their main employment with this job. In most cases, this provision is indicated when concluding fixed-term contracts.

The legislation of the Russian Federation protects the civil rights of workers, which is associated with the payment of severance pay to hired employees within 2 months after termination of the employment contract. Such material support acts as a guarantee for staff and allows them to quickly find a new job. If during this period the individual gets another job, then the issuance of funds stops.

It is possible to extend the period for receiving severance pay by 30 days if the following conditions are met:

• an individual must contact the employment center no later than 2 weeks after dismissal, providing a document on termination of the employment contract and a work record book with a note;
• if within 60 days no suitable vacancies are found at the person’s place of residence (to be registered with the employment service).

When dismissing workers, any manager must take into account that the order, sequence and amount of payments can only be changed in accordance with the legislation of the country. The Labor Code of the Russian Federation allows you to change the amount of severance pay only upward.

If the rights of employees were violated during dismissal, then they do not have the opportunity to subsequently become an employee of this organization. However, the company's management is still obliged to pay the due funds. In addition, the liquidation commission has the right to require the employer to pay for all forced absences of an individual.

There are several main controversial situations:

1. If the management does not intend to liquidate the organization, but conducts a massive purge of employees and management.
2. Unlawful grounds for dismissal or order to liquidate one or another branch of the company.
3. If the employer neglects the established procedure for dismissing individuals in connection with the liquidation of the company, then in this case the consequences for the employer are determined by the court in the first or second instance.

Judicial practice in resolving such cases shows that employers are often not serious about dismissing employees, because the majority of Russian citizens are in no hurry to turn to the judiciary to defend their interests. As an example, we can cite cases where management, having notified staff about the liquidation of an organization, after some time cancels the closure agreement and continues its activities.

If you are faced with this type of situation, contact the court immediately. When studying disputes in this category, it is advisable to engage a professional consultant (there are a large number of special legal exchanges for this), collect a package of necessary documents and fill out an application form.

Pregnancy and maternity leave

An employer has the right to dismiss a woman in this position only in one case - with the complete liquidation of the company and the resignation of the management team.

Restrictions:

• if the branch is located in the same region as the main enterprise, then there are no questions - the employer provides the pregnant woman with an equivalent workplace and undertakes to pay the necessary cash payments (after the child is born).
• if a company branch is located in the north or south of the country, then the employee, like other personnel, signs the early termination of the employment contract, and the woman’s opinion must be taken into account. If it is necessary to transfer from one center to another, management must provide all possible conditions for this.

The employer is obliged to responsibly approach the termination of an employment contract with a pregnant woman; the dismissal procedure must be followed and the application must be drawn up correctly.

If we are talking about a maternity leaver, then the employer undertakes to notify the woman no later than 2 months before the liquidation of the company in writing. Moreover, the document is drawn up in two copies - one remains with the employee, the other is transferred to the enterprise bureau.

Liquidation of an organization is public in nature, that is, applications for dismissal are accepted in an open manner. Severance pay for employees may be increased by decision of management or after a court verdict. Also, any employee has the right to payment for absences and early unused vacations. The closure of individual branches of a company is carried out according to the same scheme as the complete liquidation of the company.

If you, as an employer, are faced with the problem of liquidating a private enterprise (store, gas station, insurance company), then it is especially important to consider two points:

1. The legislation of our country does not have clear rules governing the dismissal of directors. Interestingly, there is not even a time limit for severing employment relations with this category of employees. In this regard, numerous questions arise: how to fire a director? This procedure has a number of differences - first of all, the contract with the director can be terminated only by decision of the board of founders or members of the liquidation commission.
2. When dismissing a pregnant woman, remember that she has the right to receive a one-time payment after the birth of a child and monthly child care benefits. This is what the guardianship and trusteeship authorities do; they stand on the side of the minor and defend his rights in every possible way.

In conclusion, it is worth noting that during the liquidation of an enterprise, employees of all categories are subject to dismissal, and the procedure established by law must be observed. Special services are notified of the closure of a company branch or its complete liquidation no later than 2 months in advance, and employees reserve the right to demand payment of compensation.

Dismissal due to the liquidation of an organization is one of the possible cases of termination of an employment contract with an employee at the initiative of the employer (Part 1 of Article 81 of the Labor Code of the Russian Federation). The reasons for liquidating a company can be different.

The decision on liquidation can be made at a general meeting of founders/participants (Article 61 of the Civil Code of the Russian Federation, paragraph 28 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2). Or the court has the right to make such a decision if it is established that the organization is conducting activities prohibited in accordance with the legislation of the Russian Federation, or does not have permits (licenses) to conduct its activities (clause 3 of Article 61 of the Civil Code of the Russian Federation). The organization may also be liquidated following bankruptcy proceedings.

In all of the above cases, employees are dismissed due to the liquidation of the enterprise.

Liquidation of an enterprise: procedure for dismissing employees

In the event of liquidation of an enterprise, the dismissal of employees must be notified in advance in writing:

• those working under open-ended employment contracts and employment contracts concluded for a period of more than 2 months - no less than 2 months before dismissal (Article 180 of the Labor Code of the Russian Federation);
• working under employment contracts concluded for a period of up to 2 months - no less than 3 calendar days before dismissal (Article 292 of the Labor Code of the Russian Federation);
• seasonal workers - no less than 7 calendar days before dismissal (Article 296 of the Labor Code of the Russian Federation).

Since employees must be notified of dismissal due to liquidation against signature, the employer can issue a separate notification for each employee and draw up a general statement of receipt of these notifications. Employees will sign it when notifications are given to them.

Or the employer can draw up such notices in 2 copies. The employee will sign one of them and give it to the manager. And the second copy will remain with the employee. In this case, the procedure for dismissal during liquidation of the organization provided for by the Labor Code of the Russian Federation will be observed.

In addition, dismissals during the liquidation of an enterprise must be reported to the employment service no later than 2 months before the dismissal, if it is not mass, and no later than 3 months in case of mass dismissal (clause 2 of article 25 of the Law of the Russian Federation dated April 19 .1991 N 1032-1). Specific values ​​at which layoffs are considered massive are established in industry and/or territorial agreements (Article 82 of the Labor Code of the Russian Federation).

Please note that the dismissal of employees during the liquidation of an enterprise must be completed before an application to register the liquidation is submitted to the Federal Tax Service.