The procedure for terminating an employment contract upon liquidation of an organization. Termination of business contracts due to liquidation

(Tsypkina I. S.) (“Civilist”, 2011, N 3)

TERMINATION OF AN EMPLOYMENT CONTRACT DURING LIQUIDATION OF AN ORGANIZATION: SOME PROBLEMS OF THEORY AND PRACTICE OF APPLICATION

I. S. TSYPKINA

Tsypkina Irina Sergeevna, Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Labor Law and Social Security Law of the Moscow State Law Academy named after. O. E. Kutafina.

In the context of the financial and economic crisis, problems associated with the social protection of workers are becoming more acute, in particular, upon termination of employment. employment contract at the initiative of the employer in connection with the liquidation of the organization. In order to organize monitoring of the dismissal of workers in connection with the liquidation of organizations by the Ministry of Health and social development On November 28, 2008, Order No. 682 was adopted<1>, according to which the authorities executive power subjects Russian Federation, exercising the delegated powers of the Russian Federation in the field of promoting employment, it is recommended to conduct weekly monitoring of the dismissal of workers in connection with the liquidation of organizations, and the Department of Employment and Labor Migration is recommended to conduct a weekly analysis of the state of the labor market, taking into account data from monitoring the dismissal of workers in connection with the liquidation of organizations or downsizing number or staff of employees, as well as part-time workers. In connection with the increase in the number of liquidated organizations, Order of the Ministry of Health and Social Development of Russia dated March 3, 2009 N 85n provides for the provision of monthly compensation payments to unemployed women with children under the age of three who were dismissed due to liquidation<2>. In the General Agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation for 2011 - 2013<3>indicated that modernization of the economy and innovative development must create demand for qualified workers, accompanied by the creation of effective jobs with high productivity and quality of labor, safe working conditions and decent wages. Thus, the problems associated with mass layoffs of workers in the context of the emergence of a market and competition do not go unnoticed by the state. At the same time, on January 12, 2011, at the 7th Congress of the FNRP, it was noted that Russian economy cannot afford to mothball backward industries<4>. In this connection, it is obvious that in the future events will be carried out in Russia to liquidate organizations, covering hundreds and thousands of workers. But if under normal conditions of functioning of a market economy there were and still are many practical issues related to the procedure for dismissing workers on this basis, then in the present period they are becoming especially relevant. ———————————<1>See: Order of the Ministry of Health and Social Development of the Russian Federation dated November 28, 2008 N 682 “On monitoring the dismissal of workers in connection with the liquidation of organizations or a reduction in the number or staff of workers, as well as underemployment of workers” // Bulletin of Labor and Social Legislation RF. 2009. N 2.<2>See: Order of the Ministry of Health and Social Development of the Russian Federation dated March 3, 2009 N 85n “On organizing work to provide monthly compensation payments to unemployed women with children under three years of age, dismissed due to the liquidation of the organization” // Russian newspaper. 2009. April 24<3>Russian newspaper. 2011. 11 Jan.<4>http://top. rbc. ru/society/12/01/2011/526497.shtml

As is known, liquidation legal entity can be either voluntary or forced. It is carried out in the manner established by the Civil Code of the Russian Federation and special federal laws on individual legal entities. It should be noted that issues related to the procedure for filing claims to the arbitration court for the liquidation of organizations of the relevant state bodies and local governments, the adoption of decisions by the arbitration court are not summarized in a single normative legal act, and therefore, in addition to the Civil Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and others it is advisable to follow special laws information letter Presidium of the Supreme Arbitration Court of the Russian Federation dated January 13, 2000 N 50 “Review of the practice of resolving disputes related to the liquidation of legal entities ( commercial organizations)» <5>. ——————————— <5>Bulletin of the Supreme Arbitration Court of the Russian Federation. 2000. N 3.

Despite all the difficulties that accompany the liquidation procedure of organizations in accordance with civil law, the Labor Code of the Russian Federation clearly approaches issues related to the termination of an employment contract in this case. Based on the relevant norms of the Labor Code of the Russian Federation, the following main provisions can be distinguished. Each employee is notified of the upcoming dismissal in connection with the liquidation of the organization personally and against signature at least two months before the dismissal (Part 2 of Article 180 of the Labor Code of the Russian Federation). An employee who has entered into an employment contract for a period of up to two months must be warned about the upcoming dismissal in connection with the liquidation of the organization three calendar days in advance, and an employee engaged in seasonal work must be notified in writing by the employer about the upcoming dismissal in connection with the liquidation of the organization. painting at least seven calendar days in advance (part 2 of article 292 and part 2 of article 296 of the Labor Code of the Russian Federation). If there is a threat of mass layoffs, the employer, taking into account the opinion of the elected trade union body, takes necessary measures provided for by the Labor Code of the Russian Federation (in particular, Part 5 of Article 74 of the Labor Code of the Russian Federation), other federal laws, collective agreements, and agreements. The criteria for mass layoffs should be defined in sectoral and/or territorial agreements. Upon termination of the employment contract due to the liquidation of the organization, the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month by decision of the employment service body if, within two weeks after the dismissal, the employee applied to this body and was not employed by it (parts 1 and 2 of Art. 178 Labor Code of the Russian Federation). The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the specified period, 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 (Part 3 of Article 180 of the Labor Code of the Russian Federation). An employee who is dismissed from an organization located in the Far North and equivalent areas due to the liquidation of the organization is paid a severance pay in the amount of average monthly earnings, he also retains the average monthly salary for the period of employment, 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 (Article 318 Labor Code of the Russian Federation). When an employment contract with an employee engaged in seasonal work is terminated due to the liquidation of the organization, severance pay is paid in the amount of two weeks' average earnings (Part 3 of Article 296 of the Labor Code of the Russian Federation). For employees who are orphans left without parental care and released from organizations due to liquidation, the current legislation establishes additional guarantees. In this case, employers are obliged to provide, at their own expense, the necessary professional education these workers with their subsequent employment in this or another organization (Article 9 Federal Law dated December 21, 1996 N 159-FZ “On additional guarantees for social support for orphans and children without parental care”<6>). ——————————— <6>NW RF. 1996. N 52. Art. 5880.

In accordance with paragraph 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On employment in the Russian Federation”<7>When making a decision on liquidation of an organization or termination of activities by an individual entrepreneur and possible termination of employment contracts, the employer-organization no later than two months, and the employer-individual entrepreneur no later than two weeks before the start of the relevant activities, are obliged to notify in writing about this to employment service authorities, indicating position, profession, specialty and qualification requirements to them, the conditions of remuneration for each specific employee. ———————————<7>NW RF. 1996. N 17. Art. 1915.

In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, the termination of employment contracts with employees of these structural units is carried out according to the rules provided for cases of liquidation of the organization. It follows from this that if a branch or representative office is located in the same area, then in this case employees are subject to dismissal according to the rules of clause 1, part 1, art. 81 Labor Code RF (Part 4 of Article 81 of the Labor Code of the Russian Federation). Thus, labor legislation does not distinguish between forced and voluntary liquidation of an organization. There is a uniform procedure established by the Labor Code of the Russian Federation for all employees upon termination of an employment contract under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation, with the exception of persons performing work for a period of up to two months, and seasonal workers. However, despite the apparent simplicity and clarity of the above norms, a number of controversial and ambiguously resolved issues in practice remain outside the scope of labor legislation related to the implementation of measures to terminate an employment contract with employees under clause 1, part 1, art. 81 Labor Code of the Russian Federation. The organization is considered liquidated from the moment the corresponding entry is made in the Unified State Register. Consequently, the date of dismissal of each employee must coincide with this date and be the same for everyone, which seems quite logical, because otherwise the grounds for terminating the employment contract under clause 1, part 1, art. 81 Labor Code of the Russian Federation no. This is basically the basis for the judicial practice of both the Supreme Court of the Russian Federation and district, regional and other courts. Thus, in the Determination of the Supreme Court of the Russian Federation dated July 11, 2008 N 10-В08-2<8>It is stated that recognition in the prescribed manner or declaring a person bankrupt does not mean the liquidation of the organization, but entails only the beginning of the liquidation process and, therefore, the termination of employment contracts with employees on this basis at the time the organization is declared bankrupt in this case should be considered unlawful. The same definition states that since the liquidation of the enterprise was not completed at the time of the plaintiff’s dismissal, there were no grounds for dismissal. The ruling of the St. Petersburg City Court overturned the decision of the Leninsky District Court of St. Petersburg to change the date of dismissal (case No. 2-1271/08 of August 11, 2008). By order of October 2, 2007 N 194-K, K. was dismissed from the post of director of the St. Petersburg State unitary enterprise. On this day, the defendant did not send the plaintiff an order of dismissal, and did not otherwise notify the plaintiff of his dismissal. The plaintiff was familiarized with the order of dismissal on May 4, 2008. On November 23, 2007, an entry was made into the Unified State Register of Legal Entities about the liquidation of the legal entity - St. Petersburg State Unitary motor transport enterprise. The panel of judges believes that the court’s conclusion to change the date of dismissal to the date of entering information into the Unified State Register of Legal Entities was made due to the incorrect application of the provisions of Art. Art. 234, 394 of the Labor Code of the Russian Federation, from which it follows that changing the date of dismissal is possible if the grounds or procedure for dismissal are contested. When reconsidering the case, the court should take into account the above, clarify the grounds for the claim, namely whether the plaintiff challenged the legality of the dismissal and whether there are grounds for making changes to work book, provided for in Art. 394 Labor Code of the Russian Federation. The court should also take into account that the impossibility of continuing labor relations in connection with the liquidation of the organization does not in itself mean that the date of dismissal is set from the time the organization ceases to operate<9>. ——————————— <8>Bulletin of the Supreme Court of the Russian Federation. 2009. N 3.<9>SPS "ConsultantPlus".

By the decision of the Sverdlovsk District Court of Belgorod on May 13, 2010, the dismissal of K. from the production division “Southern Heating Networks” of OJSC “Belgorod Heating Network Company” was declared illegal in connection with the liquidation of the organization, according to which persons dismissed from organizations under clause 1 Part 1 Art. 81 of the Labor Code of the Russian Federation changes the date of dismissal to the date of actual exclusion of the organization from the Unified State Register of Legal Entities<10>. ——————————— <10>SPS "ConsultantPlus".

There are quite a lot of violations of labor legislation in law enforcement practice, and the fact is that the Labor Code of the Russian Federation is actually limited to only three articles in relation to the considered grounds for termination of an employment contract, one of which indicates this very basis (Article 81 of the Labor Code of the Russian Federation), and two others - only the procedure for warning about upcoming dismissal and the procedure for paying severance pay are disclosed (Article 178 and Article 179 of the Labor Code of the Russian Federation). Civil legislation provides for other deadlines for the liquidation of organizations (which, apparently, cannot touch upon issues related to the procedure for dismissal of workers established by the Labor Code of the Russian Federation) - this, in particular, is the notification of the debtor’s employees about the upcoming dismissal no later than one month from the date of commencement of bankruptcy proceedings ( Article 129 Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)”<11>. In this case, the bankruptcy trustee must submit a report on his activities to the meeting of creditors at least once a month, which contains information about the number of dismissed employees of the debtor. The question arises: what basis for terminating the employment contract in this case should be contained in their work record book? In the same article, the term “redundant” employees is indicated in parentheses, but in this case we are talking about the liquidation of an organization, and not about reducing the number or staff of employees, which are completely different things. On the other hand, how can employees be fired if the employing organization has not yet been liquidated, and perhaps will not be liquidated, since it is not at all necessary that bankruptcy proceedings end with a decision to liquidate the legal entity. The arbitration court may adopt a judicial act refusing to declare the debtor bankrupt, a ruling on the introduction of financial rehabilitation or the introduction of external management, etc. Thus, no appeal government agency either a local government body, or creditors, or even the decision on bankruptcy proceedings itself does not provide grounds for terminating employment contracts under clause 1, part 1, art. 81 Labor Code of the Russian Federation. ———————————<11>NW RF. 2002. N 43. Art. 4190.

If we consider not forced liquidation, but the most general order established by the Civil Code for the liquidation of a legal entity, then the moment of dismissal of employees must be linked to the period from the preparation interim balance before the start of drawing up the liquidation balance sheet. Payment of sums of money to creditors of a liquidated legal entity is made by the liquidation commission in accordance with the interim liquidation balance sheet, starting from the day of its approval, with the exception of creditors of the fifth priority, payments to whom are made after a month from the date of approval of the interim liquidation balance sheet. When declaring a legal entity bankrupt and determining the amount of claims for the payment of severance pay and wages for persons working or who worked under an employment contract, the outstanding debt accrued on the date the arbitration court accepted the application for declaring the debtor bankrupt, as well as interest for violation of the established the deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee in the amount and in the manner established in accordance with labor legislation (Article 136 of the Federal Law “On Insolvency (Bankruptcy)”). After the liquidation commission has paid all creditors, it, in accordance with clause 5 of Art. 63 of the Civil Code of the Russian Federation must draw up a liquidation balance sheet. The liquidation balance sheet contains information about the assets that remained with the organization at the time of its liquidation and before settlements with the founders are made. Based on the liquidation balance sheet, one can judge the property that goes to the founders. The liquidation balance sheet is approved by the founders (participants) of the legal entity or the body that made the decision on liquidation, and is agreed upon with the tax authority. After its approval, a record of the liquidation of the legal entity is made in the Unified State Register. Undoubtedly, there is uncertainty regarding the date of dismissal of workers. As already noted, in accordance with the Labor Code of the Russian Federation, the basis for terminating an employment contract with employees under clause 1 of part 1 of art. 81 of the Labor Code of the Russian Federation is the liquidation of the organization itself, and a legal entity is liquidated from the moment the corresponding entry is made in the Unified State Register. According to paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”<12>grounds for dismissal of employees under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation can serve as a decision on the liquidation of a legal entity, i.e. a decision on the termination of its activities without the transfer of rights and obligations in the order of succession to other persons, adopted in established by law ok. The very decision to liquidate a legal entity, as follows from the relevant norms of civil law, can be made long before the actual liquidation. Hence, in practice, termination of employment contracts with employees on the specified basis can occur (and often occurs) in several stages, which, of course, does not comply with labor legislation and judicial practice. As an option to solve this problem, it is possible to make changes to clause 1, part 1, art. 81 of the Labor Code of the Russian Federation, which can be supplemented with an indication of the “decision” on liquidation. But even in this case, various abuses regarding the rights of employees cannot be ruled out, since the decision to liquidate itself does not mean the actual liquidation of the legal entity. ———————————<12>Russian newspaper. 2006. 31 Dec.

Many problems also arise in relation to the head of the organization and the employees who are part of the liquidation commission. Those who initiated liquidation themselves appoint a liquidation commission, resolve issues related to its personnel, and in the case where liquidation is carried out by court decision, the court can assign the corresponding responsibilities to the founders (participants) themselves or the body authorized to liquidate legal entity with its constituent documents. In this case, each of the commission members, if he is an employee of this organization, must also be warned of the upcoming liquidation personally against signature at least two months in advance and dismissed at the time the entry is made in the register. But the question arises: what job function will this member of the liquidation commission perform? After all, the liquidation commission is created precisely in order to liquidate the organization, and not to continue the implementation production activities Therefore, the performance of labor functions by an employee who is part of the liquidation commission is terminated. Just as the activity of the head of the organization as a leader ceases. The powers of the head of the debtor, other management bodies of the debtor and the owner of the property of the debtor - a unitary enterprise are terminated from the date the arbitration court makes a decision to declare the debtor bankrupt and to open bankruptcy proceedings. According to Art. 126 of the Federal Law “On Insolvency (Bankruptcy)”, the head of the debtor, as well as the temporary manager, administrative manager, external manager, within three days after the approval of the bankruptcy trustee, are obliged to ensure the transfer of the debtor’s accounting and other documentation, seals, stamps, material and other assets to the bankruptcy trustee. With regard to the notification of the head of an organization about the upcoming forced liquidation, the issue is resolved in the Federal Law “On Insolvency (Bankruptcy)”, which states that it is the bankruptcy trustee who has the right to dismiss employees of the debtor organization, including the head of the organization (Article 129 of the Federal Law “On insolvency (bankruptcy)"). From this we can conclude that the notice of the upcoming dismissal of the manager will be signed by the bankruptcy trustee himself. In case of voluntary liquidation, such a notice must be signed either by the owner himself or by a body authorized by the constituent documents. The next question is: what grounds for termination of an employment contract should be indicated in the work book of the head of the organization? Due to some discrepancy between the norms of civil and labor legislation and the actual practice of their application regarding the date of the proposed dismissal, the legal literature expresses the opinion that it is possible to refer to paragraph 2 of Art. 278 of the Labor Code of the Russian Federation, but such an instruction will be legal only in case of voluntary liquidation of the organization, but in case of forced liquidation it loses all meaning. The unfortunate wording of paragraph 1 of Art. is also puzzling. 278 Labor Code of the Russian Federation. How can removal from office be simultaneously the basis for termination of an employment contract, because from the point of view of labor legislation, the terms “removal” and “termination” designate completely different legal categories that entail completely different legal consequences. It is also not possible to count on the fact that the employment contract of the head of the organization will contain an indication of a court decision as the basis for terminating the employment contract when making a decision to liquidate a legal entity. Even if the condition for termination of the employment contract at the initiative of the employer is indicated as the basis for termination, if budgetary institution overdue accounts payable exceeding the maximum permissible values ​​established by the body exercising the functions and powers of the founder<13>, this basis will only apply to this particular case. ———————————<13>See: Federal Law of May 8, 2010 N 83-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the improvement legal status state (municipal) institutions" // SZ RF. 2010. N 19. Art. 2291.

If there are general and special grounds for termination of an employment contract, dismissal must be made on a general basis. Thus, the only correct thing would be to make an entry in the manager’s work book - clause 1, part 1, art. 81 Labor Code of the Russian Federation. Moreover, the date and grounds for termination of the employment contract must be the same for all employees of the liquidated organization. In this regard, contradictions between the norms of civil and labor legislation should be immediately eliminated. Otherwise, it is not possible to combine settlements with creditors with the date of actual liquidation of the organization. Therefore, in case of voluntary liquidation, the date of termination of the employment contract should be the date of approval of the liquidation balance sheet. In the case of forced liquidation, the date of the arbitration court’s determination to complete bankruptcy proceedings. This determination is the basis for making a record of the debtor’s liquidation in the Unified State Register of Legal Entities. In any case, this conflict can be resolved either by adopting an appropriate clarification at the level of by-laws or at the level of a resolution of the Plenum of the Supreme Court. In addition, it is advisable to exclude from Art. 278 of the Labor Code of the Russian Federation, paragraph 1 and add it to Art. 76 of the Labor Code of the Russian Federation, concerning the grounds for removal of employees from office. It is obvious that until the completion of bankruptcy proceedings, the manager must be removed from office, and then, from the date the arbitration court issues a ruling on the completion of bankruptcy proceedings, he must be dismissed under clause 1, part 1 of Art. 81 Labor Code of the Russian Federation.

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The procedure for terminating an employment contract under Art. 81p.7 Labor Code of the Russian Federation

Clause 7 of Art. 81 The Labor Code provides for dismissal due to with the loss of management’s trust in the employee, directly servicing money and commodity values(receiving, storing, transporting, selling them, etc.) who has committed guilty actions that give the administration grounds for losing confidence in him.

These employees may be dismissed if it is legally established that theft, bribery and other mercenary offenses have been committed - even if these actions were not related to their work (clause 41 of the resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 No. 16 ). These employees, as a rule, include so-called financially responsible persons. But for dismissal under clause 7, it does not matter what limits are established for these persons material liability. If the employee’s guilt in his specific actions has not been established, then the administration cannot apply clause 7. It must justify its distrust by certain facts of the employee’s guilt (acts of calculation, weighing, etc.). Without evidence, only on suspicion, clause 7 of Art. 81 TK. Meanwhile, the responsibility to prove the employee’s guilt lies with the administration.

Liquidation of a legal entity occurs either by decision of its founders or by a court decision. Upon liquidation of an organization, all employees of the organization are subject to dismissal.. But employees must be notified personally and against signature of the upcoming dismissal at least 2 months before the dismissal. With the written consent of the employee, the employer may terminate the employment contract with him without notice of dismissal 2 months in advance, while simultaneously paying additional compensation in the amount of two months' average earnings.

Dismissed employees are paid severance pay in the amount of average monthly earnings, and their average monthly earnings are retained for the period of employment, but not more than 2 months from the date of dismissal (including severance pay). By decision of the employment service body, the average monthly salary is maintained for the third month from the date of dismissal, provided that within two weeks after dismissal the employee applied to this body and was not employed by it.

The same rules are provided for the termination of employment contracts in connection with the liquidation of a branch, representative office or other separate structural unit of the organization. p1 art.81

59 Procedure for terminating an employment contract due to a reduction in the number or staff of employeespoint 2 tbsp. 81

Reducing the number or staff of employees is one of the measures to improve the activities of the organization, as well as staffing it with the most qualified personnel.

In case of reduction, employees with higher labor productivity and qualifications are subject to retention. The employer gives an assessment to each employee, and he also decides which employee to give preference, taking into account his labor productivity and qualifications.

If several workers have equal productivity or qualifications, preference in remaining at work is given:

a) family – in the presence of two or more dependents (disabled family members who are on full content employee or receiving assistance from him, which is their permanent or main source of livelihood);

b) persons in whose family there are no other workers with independent earnings;

c) employees who received a work injury in this organization or Occupational Illness;

d) disabled people of the Second World War and disabled people from combat operations to defend the Fatherland;

e) employees who improve their qualifications at the direction of the employer without interruption from work.

Dismissal in the event of a reduction in staff or numbers will be legal if the following conditions are simultaneously met:

– there is indeed a reduction in staff and numbers;

– the employer made an attempt at internal employment, but the dismissed person refused the existing job offered to him;

– the employee was given a warning about dismissal on receipt of 2 months notice;

– preliminary consent of the trade union committee for this dismissal was obtained;

– the employer retained at work those who could not be fired in accordance with Art. 179 of the Labor Code on the right to the advantage of retaining at work persons with the best business qualities (with higher labor productivity and qualifications), and if equal business qualities– those who have the right of preference in remaining at work (family - with two or more dependents or the only employee in the family, workers who received a work injury in a given workplace, etc.), but does not establish for these categories the priority of remaining at work. But if an employee has 3-4 advantages (for example, he is the only breadwinner with three dependents, a disabled person, an inventor), but he has first preference over others in remaining at work.

60. Procedure for terminating an employment contract for absenteeism

Item 6 cm. 8I provides for dismissal for a single gross violation by an employee of his labor duties:

a) absenteeism (absence from the workplace without good reason for more than 4 hours in a row during the working day); Subparagraph “a” of paragraph 6 of Art. 81 – dismissal in case of absenteeism(including absence from work for more than 4 hours during a working day) without good reason. Absenteeism is considered failure to show up for work during the entire working day (shift) without valid reasons, as well as being away from the workplace for more than 4 hours in total during a work shift (albeit on the territory of an enterprise, institution, organization), or away from another worker places at another facility where the employee must perform assigned work. You can also be fired for one-time absenteeism, since it is a gross violation labor discipline. Dismissal on this basis can be made (clause 33 of the resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 No. 16) and for:

– leaving work without good reason by a person who has entered into an employment contract for indefinite term, without warning the administration about termination of the employment contract or before the expiration of the warning period.

– leaving work without good reason by the person who entered into urgent an employment contract before its expiration;

When dismissal for absenteeism, the deadlines and procedure for imposing disciplinary sanctions specified in Art. 193 TK.

Liquidation of an enterprise means that the organization completely completes its activities and does not need human resources. This situation is legal basis to terminate the employment contract at the request of the employer in accordance with the first paragraph of the article.

The dissolution of an organization is associated with serious legal consequences, in particular for the organization's personnel. In this case, releasing employees from duties involves providing them with guarantees and making payments approved by law.

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What payments and benefits are required by law, as well as what nuances there are associated with receiving them, you need to know in advance.

Main provisions

General procedure

With the termination of the organization’s activities, all concluded employment contracts and compensation payments to employees of the enterprise are terminated, including:

• wages with bonuses and allowances before immediate dismissal;
• for unused vacation periods;
• severance pay equal to average monthly earnings.

Notification of employees about the termination of employment contracts is made in writing in advance. 60 days. You can terminate it before completion 2 months, but with the consent of the employee and with the payment of additional compensation established by law.

Disputes regarding payments that are due to a dismissed person in connection with the dissolution of the organization are resolved by payment that is not disputed by the employee sum of money on the day of termination of the contract. If within a thirty-day period after dismissal the employee does not find a new job and becomes temporarily disabled, he has the right to apply to his previous employer for benefits.

Dismissal due to liquidation of the organization involves maintaining the monthly average salary, which is paid for a period not exceeding 60 days from the moment of termination of the employment contract.

Three months before the organization ceases to operate, the owner can send a notice to the trade union in accordance with the article of the Labor Code, which will contain data on the reason for termination of employment contracts, data on personnel and the timing of their dismissal. This clause is optional, since the consent of the trade union is not required.

Controversial situations in payments to employees during the liquidation of an enterprise

The first months of dismissal

First 30 days after dismissal, the owner of the organization pays the employee severance pay equal to the average monthly salary. The next month the payment is repeated if the fired person was unable to find a job. To confirm this fact, the employer is provided with a work book and a statement written in his name.

The third month after dismissal is also paid if the employee is not employed by the central employment center. The service issues a corresponding resolution, which must be provided along with the work book to the former employer.

To formalize the status of unemployed, a package of documents is sent to the labor exchange, including:

• passport;
• diploma of completion of studies at a university or college;
• employment history;
• salary certificate filled out according to the TsZN form for the last quarter.

The employee comes to receive the payments required by law before the organization is excluded from the general register of legal entities. persons Payments to employees upon liquidation of an enterprise are made on the day of application or the next one, as well as when wages are paid.

Compensation

Dismissal in connection with the abolition of an organization is carried out at the will of the owner of the enterprise. This means that all staff will be laid off, regardless of whether they have additional security.

The following categories of employees are subject to dismissal:

• on vacation or temporarily disabled;
• those who went on maternity leave;
• raising children up to 3 years;
• single parents raising a child up to 14 years old or a child with a disability up to 18 years old;
• minor workers.

Employees dismissed at the initiative of the owner of the enterprise are paid compensation for unused vacation periods. The amount is calculated using a formula in which each day of vacation is multiplied by the average earnings per day. According to the employee's annual 28 days paid leave.

When an employee has not worked a full working year, vacation compensation is calculated in accordance with the number of months worked by the employee. Cash payments for unused vacation are only due to those who have officially worked at least 5 months.

The owner of the organization has the right to round up the number of vacation days not used by the employee in favor of the latter.

Contributions for insurance against occupational diseases and accidents are not calculated from these payments. Personal income tax is withheld from compensation for unused vacation.

Benefits

Upon termination of the employment contract, the owner of the organization pays the employee the following amounts of money:

• Salary for performing duties until the moment of dismissal.
• Payment for unused vacation periods during work.
• Payment for early termination of an employment contract, which is equal to the average monthly salary. It is calculated in proportion to the number of days before the expiration of the warning period about the termination of the organization’s activities and the termination of the contract for this reason.
• Severance pay in the amount of average monthly earnings. It is also available to part-time workers.
• Payment in the amount average salary per month during the period of employment.
• Payment of salary in the average amount for the third month is carried out upon provision of a certificate from the Employment Center confirming the absence of official employment.

It is written that if benefits due to an employee are not paid on time, the owner of the enterprise pays them along with interest.

Interest is calculated using the Bank of Russia refinancing rate current for 2019.

Early payments

The Labor Code strictly regulates the dismissal of employees in connection with the cessation of the enterprise's activities, which requires timely warning of personnel about this situation.

If the process of terminating the employment contract is carried out earlier, the employee is paid additional compensation cash. Early termination of this document is possible only with the written consent of the employee, confirmed by his signature.

Calculation of compensation is carried out in proportion to the number of days before deadline notice of dismissal due to liquidation of the organization. All other cash payments are made as usual. Payments are made on the day of dismissal or the following day. If the employee was absent from specified period, then the money is paid to him upon the first request.

Paid leave includes compensation for early dismissal. Payments for them are carried out in accordance with the rules and insurance payments are not accrued on them. Additional compensation is not subject to personal income tax.

Guarantees of the law

One of the grounds for terminating an employment contract with an employee is the liquidation of an organization or termination of the activities of an individual entrepreneur.

Upon dismissal on this basis, it is necessary to follow the procedure for notice of dismissal and pay compensation to employees (severance pay) established by labor legislation.

In accordance with the Civil Code of the Russian Federation, an organization can be liquidated: by decision of its founders; by court decision (including if the organization is declared bankrupt).

If the employer is an individual entrepreneur, then the employment contract with the employee can be terminated under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation in the following situations: when an entrepreneur ceases his activities on the basis of his own decision taken; due to the recognition of the entrepreneur as insolvent (bankrupt) by a court decision; due to the expiration of the certificate of state registration, refusal to renew a license for certain types of activities.

An individual entrepreneur is considered to have ceased entrepreneurial activity after registering this fact in the Unified state register individual entrepreneurs(USRIP) in the manner prescribed by Federal Law.

Employees are notified by the employer personally and against signature of upcoming dismissal due to the liquidation of the organization at least two months before dismissal. If the employee refuses to read the notice, the employer must record such refusal in writing. To do this, it is necessary to draw up an act, which is signed by the employer’s representative and two other employees.

It may be noted that if we're talking about on the termination of the activities of an individual entrepreneur, then for this situation the terms of warning employees about dismissal are not established by the Labor Code of the Russian Federation. Therefore, the entrepreneur must warn the employee about the upcoming dismissal due to termination of activities within the period established by the employment contract. If this period is not established by the employment contract, the entrepreneur has the right to warn the employee at any time.

Labor legislation does not establish a specific date from which the employer has the right to dismiss employees in connection with the liquidation of the organization.

The Plenum of the RF Armed Forces clarified that the basis for dismissal of workers under clause 1 of Art. 81 of the Labor Code of the Russian Federation can serve as a decision on the liquidation of a legal entity, i.e. a decision to terminate its activities without transferring rights and obligations by way of succession to other persons, made in accordance with the procedure established by law.

Please note that the notice period for dismissal established by the Labor Code of the Russian Federation is minimal. In this case, the employer can warn the employee about the upcoming dismissal at an earlier date.

Early dismissal (before the expiration of a two-month period) is possible subject to the following conditions: there is written consent of the employee to early dissolution employment contract; the employer pays the employee 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 (Article 180 of the Labor Code of the Russian Federation). This additional compensation is paid in addition to severance pay.

Shorter notice periods are established for certain categories of employees. Thus, if an employment contract with an employee is concluded for a period of up to two months, such employees must be notified in writing, against signature, of the upcoming dismissal due to the liquidation of the organization at least three calendar days in advance (Part 2 of Article 292 of the Labor Code of the Russian Federation), and if the employee is engaged in seasonal work - no less than seven calendar days (Part 2 of Article 296 of the Labor Code of the Russian Federation).

Having made a decision on liquidation, the organization (entrepreneur) is obliged to notify the employment service authorities about the upcoming dismissal of employees. For failure to provide this information to the employment service authorities, as well as for failure to provide such information incompletely or in a distorted form, Article 19.7 of the Code of Administrative Offenses of the Russian Federation provides for liability in the form of a fine in the amount of 300 to 500 rubles. for officials (individual entrepreneurs) and from 3,000 to 5,000 rubles. for organizations.

In addition, after dismissal, the employee retains his average monthly salary for the period of employment, but not more than two months. An employee who has entered into an employment contract for a period of up to two months is not paid severance pay upon dismissal, unless otherwise established by federal laws, a collective agreement or an employment contract. Workers in the Far North are paid severance pay in the amount of average monthly earnings. They also retain their average monthly earnings for the period of employment, but not more than three months from the date of dismissal (including severance pay).

If there are any doubts, then go to the labor inspectorate, they will check everything and punish the scoundrels, don’t go yet, don’t sign anywhere

On October 31, I received a notice of termination of the employment contract on December 31, 12, 12, due to the liquidation of the enterprise. Does the employer not want to terminate the contract early? Are there any restrictions on refusing a job offer?

Early termination of a TD due to what? Downsizing, liquidation of an organization, expiration of an employment contract?

You say" thanks a lot", you get your paycheck (check!) and go ahead, look for a new job!!! If you need to work for some time, transfer cases, etc., start studying the LABOR CODE...

How to behave in this situation? My brother works on a rotational basis. They were informed that their organization was being liquidated,

Write an application for at will It’s impossible because all benefits are lost.

If the employment contract is terminated due to staff reduction or liquidation of the company, the dismissed employee, in addition to wages, is calculated on the basis of average earnings. Compensation in case of early termination of an employment contract.

Dear Olga! So let the “lambs” write! Tell your brother not to write. And they won’t do anything with him! And let him threaten to go to the prosecutor’s office or the state labor inspectorate.

Give in

You shouldn’t write a statement, let them shorten it!

If he knows how to deal with strongmen of the world this - the law is on his side, if he can’t, doesn’t want and won’t, then... a statement...

Dismissal due to liquidation. What payments are due to the employee?

Two average monthly earnings and compensation for unused vacation.

Average earnings during employment. Compensation in case of early termination of an employment contract. Article 180. Guarantees and compensation to employees in the event of liquidation of an organization, reduction in the number or staff of the organization's employees.

Article 178. Severance pay
Upon termination of an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as for it preserves the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

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 the dismissal the employee applied to this body and was not employed by it.
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You look there carefully, but THERE WAS A LIQUIDATION and the payments upon liquidation are nowhere lower

If there is a layoff, how much notice is given and what payments are due? If there are small children....

At the beginning, you receive a notice of layoff against signature.
Entrance pay in the amount of average earnings, compensation for unused vacation, if you register with the employment service within 2 weeks from the date of dismissal, then within another two months. you will receive avg. salary, and if you don’t find a job, then according to a certificate from the employment service and for the third month. receive it, and then you will receive unemployment benefits while you look for a job.

Early termination of a fixed-term employment contract. Termination of an employment contract due to its expiration is not the initiative of the employer.

They're laying off their jobs! How to arrange everything correctly?

First, contact your local labor exchange, they will explain everything to you. As for the plant, they must pay you 2 months of official salary. and if during this time you do not find a job while standing on the "stock exchange", then the third month.

What payments are due to an employee who has expressed a desire to resign before the expiration of the 2-month notice period?

Do you fart when you pee?

Upon liquidation of an enterprise, employees in mandatory the following must be paid compensation payments- compensation for early termination of an employment contract.

No payments are due. All payments are due only to those who are laid off due to layoffs.
And in your case, as soon as there is a statement about your desire to leave, dismissal will occur at your own request.

If we are still talking about layoffs, then the scenario is as follows, including dismissal before the expiration of the 2-month notice period.
Article 178. Severance pay (excerpt)
“When an employment contract is terminated due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of average monthly earnings, as well as he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

Well, here I think everything is clear.
And actually about early termination with the consent of the employee.
Article 180. Guarantees and compensation to employees in the event of liquidation of an organization, reduction of the number or staff of the organization’s employees (excerpt)
“Employers are notified by the employer personally and against signature of the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization’s employees, at least two months before the dismissal.
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. "
Thus, it is the employer’s right (with the employee’s consent, of course) to terminate the contract early, while the employee, without the employer’s consent, does not have the right to early dismissal. It is useless to demand, you need to negotiate, especially since in most cases this is not in favor of the employer (paying an employee for not going to work when he will pay the same money to the “worker”).

Upon dismissal at the initiative of the employee, payment of compensation provided for in Art. 178 Labor Code of the Russian Federation, is not carried out unless there is the will of the employer

You will be paid the salary due until the expiration of the 2-month notice period, severance pay, as well as the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).
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 the dismissal the employee applied to this body and was not employed by it. "

What compensation payments are due for staff reduction?

Like 3 months of payment in advance

Upon termination of an employment contract with an employee engaged in seasonal work due to the liquidation of the organization, reduction in the number or staff of employees...

Severance pay for three months, then you register with the stock exchange and, due to staff reductions, receive a year of compensation equal to the salary at that workplace. from which you were laid off...

180 of the Labor Code of the Russian Federation, look.

Does an employer have the right to terminate a temporary employment contract with an employee before the specified period?

When an organization is liquidated, what compensation is paid?

What is the payment upon liquidation of a company?

Employees will have a layoff: each employee must be notified about it at least 2 months in advance. On the last day, pay 2 salaries (average earnings). Then the employee will register with the employment service and if he does not find a job within a certain period, he will receive + 1 more salary. .
It seems so)

Clause 1 of part one of Article 81 of the Labor Code of the Russian Federation provides for termination of an employment contract at the initiative of the employer in the event of liquidation of the organization.

Article 178. Severance pay.
Upon termination of an employment contract due to the liquidation of the organization or reduction in the number or staff of the organization's employees, the dismissed employee is paid severance pay in the amount of average monthly earnings, and he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (with credit severance pay).
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 the dismissal the employee applied to this body and was not employed by it.

ON THE LAST DAY - due salary, vacation compensation + average earnings FOR ONE MONTH.

I work under a fixed-term employment contract concluded for a period of less than 2 months.

It depends on how long the contract is concluded. If the contract is for a period of up to 2 months. , then probation is not established and notice of dismissal must be given 3 days in advance. If the contract is for a longer period, then give notice of dismissal at your own request. You must do so no later than two weeks in advance. If the probationary period has not yet expired, then also write an application three days in advance.
Art. 289 of the Labor Code of the Russian Federation "When hiring for a period of up to two months, no testing is established for employees."

Calculation note upon termination of an employment contract. Employment contract. A warning to an employee about early termination of an employment contract in the procedure for dismissal during liquidation of an enterprise is described in detail in Art. 180 Labor Code of the Russian Federation.

Art. 59 Labor Code of the Russian Federation FIXED-TERM EMPLOYMENT CONTRACT
An employee with whom a fixed-term employment contract has been concluded may resign at his own request. At the same time, he must notify the employer of dismissal in writing two weeks in advance.
Employees working under a fixed-term employment contract are also subject to all other grounds for dismissal: both at the initiative of the employer and by agreement of the parties.

If I get laid off, what should I do?

It’s better to go on vacation and find a new good job during this time.

Payment of additional compensation to the employee in connection with the early termination of the employment contract. The employment contract can be terminated by the employer, in particular, in the event of liquidation of the organization, clause 4, part 1, art. 77, clause 1, part 1, art. 81 of the Labor Code of the Russian Federation.

And when you look for a new job, it’s better to go on vacation. Did they offer you a chance to move to another department?

There's some kind of chaos there. There must be a vacation schedule that both the employer and the employee must comply with. If the schedule says that you should go on vacation, then you will go. If not, then they have no right to “kick you out on vacation.” In any case, compensation for unused vacation must be given upon dismissal.

Yes, you can refuse vacation in favor of compensation upon dismissal after 2 months for unpaid vacation.

Yes, you can cancel your vacation. In this case, you will be given compensation for unused vacation.

The employee was warned about liquidation 2 months in advance/

Extraordinary situation around JSC. I invite my colleagues to think. The essence is inside.

If the problem is in holding a general meeting, then look at the Federal Law "On joint stock companies" Article 58, clause 3. "In the absence of a quorum for holding an annual general meeting of shareholders, a repeat general meeting of shareholders must be held with the same agenda. If there is no quorum to hold an extraordinary general meeting of shareholders, a repeat general meeting of shareholders may be held with the same agenda.
A repeated general meeting of shareholders is valid (has a quorum) if it was attended by shareholders holding in the aggregate no less than 30 percent of the votes of the company's outstanding voting shares..." Therefore, by decision of the repeated meeting, it is possible to terminate the contract with general director and appointed a person to perform his duties. If the problem is the sale of shares, then the remaining shareholders do not have a preemptive right to purchase his shares.

1. General grounds for termination of an employment contract. 2. Termination of an employment contract in the event of liquidation of the enterprise. During the period of validity of this warning, the employer has the right to dismiss the employee on the grounds in question early only with...

Liquidation of the enterprise. Tomorrow a lawyer will come to advise workers on their rights. What points should I pay attention to?

It's too late to pay attention... The main thing is that they don’t give away where the money is buried and the women, most importantly, wear shorter skirts...

Upon termination of the employment contract due to the liquidation of the organization, the employer is obliged to pay the employee additional compensation in the event of early termination of the employment contract before the expiration of the two-month notice period...

At a minimum, your lawyer should tell you the following.
According to Art. 74 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee in writing no later than two months in advance about upcoming changes to the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes.
When an employment contract with an employee is terminated due to a reduction in staff or due to liquidation, the employer of the organization is obliged to pay the employee:







And as a maximum, the lawyer is obliged to answer your possible questions.

Tell! What payments are due upon liquidation of a federal state unitary enterprise?

Are there any Resolutions of the Plenum of the RF Armed Forces regarding seasonal and temporary workers? I would like their numbers and dates

All the features of regulating the labor of seasonal and “temporary” workers are clearly regulated in the Labor Code of the Russian Federation, and so far there is no need for the intervention of the country’s highest judicial body

As a general rule, this situation arises when a fixed-term employment contract is terminated early. Both during the liquidation of an enterprise and when staffing is reduced, employees are released.

I have a fixed-term employment contract for 2 months. I worked for a month and want to quit. Do I have to work 2 weeks? give me a hint

When terminating an employment contract due to the liquidation of an organization, the dismissed employee, in addition to salary and compensation for If you are offered to resign early at your own request or by agreement of the parties, know this is a trick of the employer.

Article 292. Termination of an employment contract.
An employee who has entered into an employment contract for a period of up to two months is obliged to notify the employer in writing three calendar days in advance of the early termination of the employment contract. The employer is obliged to warn an employee who has entered into an employment contract for a period of up to two months about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing, against signature, at least three calendar days in advance. An employee who has entered into an employment contract for a period of up to two months is not paid severance pay upon dismissal, unless otherwise established by federal laws, a collective agreement or an employment contract.
So they are required to notify 3 days in advance, the deadline starts from the next day after registering the application with the employer.

Good evening, I have the following question: I was given a redundancy notice, which, among other things, says that it is my desire

Roman, if you write an application for early dismissal and the employer signs this application, agreeing to dismiss you without working a two-month period, then he will issue an order for your dismissal and pay you off, as you asked him to do. To eliminate the possibility of “losing” your application from the employer, submit it through the secretary or office, having previously prepared it in 2 copies, on the second you will be given a mark of acceptance. This will be proof that you submitted the application - the employer will be obliged to respond. If they are not accepted in this way, send the same application by mail with a notification letter. And you are waiting for an order for early dismissal.

13. In addition to the payment of severance pay upon termination of the employment contract in connection with the liquidation of the organization, clause 1, part 1, art. 81 Labor Code or a reduction in the number or staff of the organization’s employees, clause 2, part 1, art. 81 TK...

Now you can quit with compensation for unused vacation. Or after 2 months. after notification, receive a salary, and additionally after dismissal, receive compensation of 2 salaries. I think the reduction option is more profitable.

Retrenchment entails the payment of severance pay (compensation), but voluntary dismissal does not. In any case, collect all the papers and photocopy them in Our Russia. Excellent practice of judicially resolving labor disputes in favor of the employee
Marat Younghero - about Ksenia Sobchak (not chak-chak
Discuss
Realmusic.ru

Read the text your employer refers to:
Article 180. Guarantees and compensation to employees in the event of liquidation of an organization, reduction of the number or staff of employees of the organization
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)
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.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
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.
(Part three as amended by Federal Law No. 90-FZ of June 30, 2006)
If there is a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, a collective agreement, and an agreement.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Now you are armed and very dangerous. In this case, you simply need to draw up an agreement in writing signed by both parties.

Everything is correct. You can write a statement: I ask you to dismiss me early, in accordance with Art. 180 Labor Code of the Russian Federation. Instead of working off, you will simply be paid money for this period. and everything else is also according to the law: severance pay, etc.

Try it, it's legal.

The order to terminate the employment contract is drawn up according to the unified form N T-8. The order also contains a reference to the decision to liquidate the legal entity, reflects the details of the notice of dismissal, and in case of early termination of the contract...

They close the store and lay off everyone. I'm on maternity leave after 1.5 years. What kind of compensation should I expect?

Since you are on maternity leave, no one has the right to lay you off at all, even if the store is closed. Only upon complete liquidation of a legal entity or individual entrepreneur.

An example of the minutes of a general meeting on early termination of an employment contract with the head of an organization. An example of an order from the head of an organization on early resignation.

Leka, in case the store is liquidated, keep the following in mind.
Upon termination of an employment contract with an employee due to liquidation, the employer of the organization is obliged to pay the employee:
wages for the time actually worked in the month of dismissal;
compensation for everything unused vacations(both main and additional) for all previous years without limitation (Article 127 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation);
severance pay in the amount of average monthly earnings (Article 178 of the Labor Code of the Russian Federation). It follows from the provisions of Article 287 of the Labor Code of the Russian Federation that part-time workers are paid severance pay on a general basis;
average earnings for the period of employment, but not more than two months from the date of dismissal (including the severance pay paid);
average earnings for the third month from the date of dismissal, if the employee submits a certificate from the employment agency (Article 178 of the Labor Code of the Russian Federation). This certificate issued if the employee applied to this body within two weeks after dismissal and was not employed by it;
additional compensation for early termination of the employment contract (IF the employment contract with you is terminated before the expiration of two months from the date of notice of dismissal on this basis). Compensation is determined in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice period for dismissal (Article 180 of the Labor Code of the Russian Federation);
That is, the benefit is paid in the amount of three average monthly earnings for THREE months of unemployment.
At the same time, BEFORE the employer is obliged to notify the employee in writing no later than two months in advance about the upcoming changes determined by the parties to the terms of the employment contract, as well as the reasons that necessitated the need for such changes (Article 74 of the Labor Code of the Russian Federation).

I'm on maternity leave. My organization is bankrupt, all branches have closed, including in my city. What do i do?

A workplace is not provided in this situation. They will pay you for 1.5 months of maternity leave anyway.

Termination of an employment contract in connection with the liquidation of an organization, reduction in the number or staff of employees during the period of their warning is not provided for by the Labor Code. Early termination of an employment contract.

Alas, they can, but under no circumstances write a statement, let them fire you through liquidation and receive compensation.
Article 261. Guarantees for pregnant women, women with children, and persons raising children without a mother upon termination of an employment contract.
... Termination of an employment contract with women who have children under three years of age, single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age), other persons raising these children without a mother, at the initiative of the employer is not allowed (except for dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of this Code).
Article 178. Severance pay
Upon termination of an employment contract due to the liquidation of the organization or reduction in the number or staff of the organization's employees, the dismissed employee is paid severance pay in the amount of average monthly earnings, and he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (with credit severance pay). 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 the dismissal the employee applied to this body and was not employed by it. Severance pay in the amount of two weeks' average earnings is paid to the employee upon termination of the employment contract in connection with: the employee's refusal to transfer to another job, which is necessary for him in accordance with the medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence the employer of the relevant work; calling the employee to military service or by sending him to an alternative civil service that replaces it; by reinstating the employee who previously performed this work; by refusing to transfer the employee to work in another locality together with the employer; by recognizing the employee as completely incapable of labor activity in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation; the employee’s refusal to continue work in connection with a change in the terms of the employment contract determined by the parties. (Part three as amended by Federal Law of June 30, 2006 N 90 -FZ) An employment contract or collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay.

Those who are worried that during their stay in maternity leave they may be fired, we assure you that the worry is in vain. Firstly, according to the law, it is impossible to fire a person while he is on vacation, and secondly, additional guarantees and protection against dismissal are provided for pregnant women and mothers of young children. //"); //]]> The only opportunity for an employer to lay off a woman on maternity leave is to liquidate the enterprise, but even in this case, the employee will need to be notified of the upcoming event at least two months before it, no later. Therefore, theoretically, yes, dismissal during maternity leave it is possible, but if this happens, then the dismissed employee will have time to either find new job, with a more flexible schedule, or register with the employment center.

Article 256 of the Labor Code of the Russian Federation At the request of a woman, she is granted leave to care for a child until he reaches the age of three years. The procedure and timing of payment of state social insurance benefits during the period of the specified leave are determined by federal laws.
Parental leave can be used in full or in parts by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child.
At the request of the woman or the persons specified in part two of this article, while on maternity leave, they can work part-time or at home while maintaining the right to receive state social insurance benefits.
During the period of parental leave, the employee retains his place of work (position).
Parental leave is counted towards the total and continuous leave seniority, as well as length of service in the specialty (except for cases of early assignment of an old-age insurance pension).
Article 261 of the Labor Code of the Russian Federation Termination of an employment contract with a woman who has a child under the age of three, with a single mother raising a disabled child under the age of eighteen or a young child - a child under the age of fourteen, with another person raising these children without mother, with a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of eighteen or the sole breadwinner of a child under three years of age in a family raising three or more young children, if the other parent (other legal representative child) is not a member labor relations, at the initiative of the employer is not allowed (except for dismissal on the grounds provided for; they don’t want to go to court under a criminal article.. or.. LIQUIDATION OF THE ORGANIZATION, paragraph 1 of Article 81 of the Labor Code of the Russian Federation. If they left at least one chair in Moscow, let them wash themselves, and you write a statement for a vacation of up to 3 years. This is your RIGHT and their responsibility, if they don’t want to go to trial under a criminal article! Good luck.

Don’t write on your own, let them fire you due to the liquidation of the company - otherwise you won’t get any payments

1. Care leave is granted up to 3 years, and not up to 1.5
2. In the event of liquidation, you will be fired. Just wait, don't hesitate. You may not respond to calls.

Divisions, the dismissal of its employees occurs according to the same rules as during liquidation. enterprises. In accordance with Art. 178 of the Labor Code of the Russian Federation in case of early termination of employment. agreement in connection with the reduction in the number of staff of the enterprise...

The manager has the right to liquidate the enterprise. The main thing is that the law is not broken.
A MATERNITY WEEK, LIKE ANY EMPLOYEE, HAS THE RIGHT TO FULL PAYMENT, INCLUDING COMPENSATION for unused vacation, severance pay upon dismissal upon liquidation of the organization in the amount of average monthly earnings.
After dismissal, a woman can receive child care benefits from the authorities social protection population, where to turn.

Please tell me. Liquidation of the enterprise. Payment of severance pay.

1.9. Payments made to an employee upon termination of an employment contract due to the liquidation of an organization
In accordance with Art. 178 of the Labor Code of the Russian Federation, upon termination of an employment contract in connection with the liquidation of the organization (clause 1, part 1, 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 he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay).
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, if within two weeks after the dismissal the employee applied to this body and was not employed by it.
Severance pay is paid to the employee on the day the employment contract ends. In order for an employee to receive the average salary retained for him, he must submit to the employer a corresponding application and a work book in which there is no record of employment. Since the average salary is retained by the employee for a period of no more than two months (including severance pay), the employer is obliged to pay it at the end of the second month from the date of termination of the employment contract.
If the employee submits a decision from the employment service to retain his average earnings for the third month, then the employer becomes obligated to pay this salary. But in order to receive such a decision, the employee must register with the employment service within two weeks from the date of dismissal.
The payment procedure for some categories of employees differs from general rule. Seasonal workers are paid severance pay in the amount of two weeks' average earnings (Part 3 of Article 296 of the Labor Code of the Russian Federation). Employees working in organizations of the Far North and equivalent areas are paid severance pay in the amount of average monthly earnings, they also retain their average monthly earnings for the period of employment, but not more than three months from the date of dismissal (including severance pay) (Art. 318 Labor Code of the Russian Federation). In exceptional cases, the average monthly salary is maintained for the fourth, fifth and sixth months from the date of dismissal by decision of the employment service body, if within a month after dismissal the employee applied to this body and was not employed by it.
Severance pay in the amount of average monthly earnings and retained average monthly earnings, provided for in Parts 1 and 2 of Art. 318 of the Labor Code of the Russian Federation, are paid at the previous place of work at the expense of the employer.

Thus, the liquidation of this enterprise at the time of the dismissal of citizen G., who filed a claim to declare the dismissal illegal, was not completed. Under these circumstances, termination of the employment contract with the plaintiff under clause 1 of part 1 of article...

When an employment contract with an employee is terminated due to a reduction in staff or due to liquidation, the employer of the organization is obliged to pay the employee: wages for the time actually worked in the month of dismissal; compensation for all unused vacations (both main and
and additional) for all previous years without limitation (Article 127 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation); severance pay in the amount of average monthly earnings (Article 178 of the Labor Code of the Russian Federation). From the norms of Article 287 of the Labor Code of the Russian Federation it follows that part-time workers receive a severance the benefit is paid on a general basis; average earnings for the period of employment, but not more than two months from the date of dismissal (including the severance pay paid); average earnings for the third month from the date of dismissal, if the employee submits a certificate from the employment agency (Article 178 of the Labor Code RF). This certificate is issued if the employee within two weeks after dismissal
applied to this body and was not employed by it; additional compensation for early termination of the employment contract (IF the employment contract with you is terminated before the expiration of two months from the date of notice of dismissal on this basis). Compensation is determined in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice period for dismissal (Article 180 of the Labor Code of the Russian Federation). That is, the benefit is paid in the amount of three average monthly earnings for
THREE months of unemployment. When dismissing an employee who has entered into an employment contract for a period of up to two months, severance pay in the amount of average monthly earnings is not paid (Article 292 of the Labor Code of the Russian Federation). And if, in connection with the liquidation of an organization, a seasonal worker is fired, he must be paid severance pay in the amount of two weeks’ average earnings (Article 296 of the Labor Code of the Russian Federation).