Sections of the site
Editor's Choice:
- Buryat State University
- Siberian Institute of International Relations and Regional Studies (simoir): address, faculties, practice and employment
- The best books on economics and finance for beginners and professionals “Undercover Economist”, Tim Harford
- Tax received from abroad
- Choosing a university and training format
- Graphic patterns as the basis of a trading system
- Is it difficult to get into police school (College of the Ministry of Internal Affairs)
- Mindfulness: meaning, stages, lifestyle and development of the mind What does awareness mean?
- Specialist in the field of commerce and trade International commerce who to work with
- Gap year: what is it and is it possible in Russia? What do they do in gap year?
Advertising
Dismissal due to liquidation of the enterprise - This is stress for workers due to loss of earnings. The legislator has provided for them some guarantees and compensation. Meanwhile, unreliable employers, taking advantage of the legal illiteracy of employees, cover up other types of reform of the company’s activities with liquidation and force them to resign of their own free will. We will talk about all aspects of dismissal associated with the liquidation of an enterprise in this article. What is liquidation of an organizationLiquidation of an organization is a complex and rather lengthy procedure. ultimate goal which should include contacting the tax service with the necessary package of documents and excluding the enterprise from the unified state register of existing legal entities or individual entrepreneurs. Liquidation of a company is carried out voluntarily by decision of the founders of a legal entity (IP) or compulsorily by a court decision. In case of voluntary liquidation of an enterprise, a brief scheme of measures looks like this: It becomes clear that after completion of all stages of liquidation, the enterprise ceases to exist and it does not have any legal successors. However, quite often employers disguise other forms of reorganization of activities as liquidation in order to get rid of unwanted employees for their own benefit. The difference between the liquidation procedure and other forms of company reorganizationYou can often hear from working citizens: “Our store (office, base) is being liquidated because the owner sold it (changed the name, address, director). And we were asked to write a letter of resignation of our own free will.” Note! Dismissal at will is possible solely at the request of the employee, and not because of some external circumstances or someone else's requests. But in this case, the employer simply does not want to pay his employees upon dismissal. The liquidation of an enterprise should be distinguished from such changes in the work of the organization as:
If the owner of an organization changes, in most cases this does not entail any changes for ordinary employees. The cashier or seller generally does not care who is listed as the founder of their LLC. If the new owner decides to change the organization’s management and personnel, he can carry out a staff reduction procedure, paying employees all the required amounts, or dismiss employees by agreement of the parties, also agreeing on the amount of compensation. Changing the name, address or location of the enterprise will not affect the work of the team at all, except for a possible change in the route to work. In the event of a reorganization, when an organization merges or merges with another, it is obvious that some of the personnel becomes redundant, since there is no need for 2 directors, 2 personnel officers, etc. However, this does not mean that extra people should resign themselves. In this case, dismissal is also carried out as part of the staff reduction procedure or by agreement of the parties with the payment of severance pay. The procedure for dismissing employees during liquidation of an organizationDismissal upon liquidation of an enterprise is subject to the algorithm of actions that are prescribed in the Labor Code of the Russian Federation and the Law of the Russian Federation “On Employment in the Russian Federation” dated April 19, 2001 No. 1032-1. In accordance with these legislative acts dismissal due to liquidation of the enterprise takes place in 5 stages: The Labor Code of the Russian Federation provides for employees the opportunity to terminate an employment contract before 2 months have elapsed before the mass dismissal of employees. Consent to early dismissal on the part of the employee must be written, and the company is obliged to compensate him for the average earnings for the days remaining before the planned dismissal. Dismissal due to liquidation of the enterprise dedicated to clause 1 of Art. 81 Labor Code of the Russian Federation. It is this norm that must be recorded in the work book as a basis for termination. employment contract. However, at the request of employees, another reason may be indicated as a basis for termination of the employment contract:
In these cases, the company saves on payments to the employee provided for upon dismissal due to liquidation. Severance pay upon dismissal due to liquidation of the organizationThe amount of the benefit designed to compensate for the loss of work is established in Art. 178 Labor Code of the Russian Federation. When resigning due to the cessation of the organization's activities, the employee must receive:
In exceptional cases, by decision of the employment service, a citizen can receive 1 more average salary if he is not employed within 3 months (provided that the employee is registered with the labor exchange within 2 weeks after dismissal). As a rule, 2 average salaries are paid to employees at the enterprise immediately upon dismissal, but to receive the 3rd payment, you need to contact the employment service. In addition to dismissal benefits due to liquidation, each employee must receive the usual payments upon termination of an employment contract:
Payments upon liquidation of an enterprise to women on maternity leave and on sick leaveAfter a company ceases operations, the most questions arise from those who are preparing to go on maternity leave, are on maternity leave, or fall ill after dismissal. Meanwhile, the state provides certain security for these most vulnerable categories of citizens. In paragraphs 3 and 4 tbsp. 13 Federal Law “On Compulsory Social Insurance...” dated December 29, 2006 No. 255-FZ states that if former employee liquidated enterprise fell ill within a month after dismissal, payment according to sick leave is produced by the Social Insurance Fund, where you need to apply with documents within 6 months (but it’s better not to delay!). The same standards apply to expectant mothers who go on sick leave for pregnancy and childbirth. As for workers dismissed during maternity leave or parental leave, after dismissal they need to contact the social security authority at their place of residence. You must submit a certificate of salary for the past 12 months to social security. Based on these documents, a monthly allowance will be calculated and paid in the amount of 40% of average earnings, and not the minimum as for the unemployed. Important! Child care benefits will be paid only to those who have not registered with the employment service and, accordingly, do not receive unemployment benefits. It is worth keeping in mind that receiving benefits for disability, maternity and child care through government organizations does not exclude or affect the receipt by employees of dismissal payments in connection with the liquidation of the enterprise. Liquidation of an enterprise leads to the complete cessation of its activities. As a result, employment contracts with employees are terminated. In this article we will provide step by step instructions and we will tell you in what order dismissal occurs in connection with the liquidation of the organization. Let's turn to the legislationBut the relationship between employees and the employer does not end there - in accordance with Article 178 of the Labor Code of the Russian Federation severance pay paid to dismissed employees for another 2 months. This guarantee is provided to provide financial support to dismissed workers until they are hired. Those who manage to find new job earlier, from that moment the right to benefits is lost. The period for receiving severance pay may be extended by another month if former employee of the liquidated company, no later than 2 weeks after dismissal, he contacted the employment service, but was unable to find a job within the allotted 2 months. Step 8. We provide information to the military registration and enlistment office and the FSSP If the organization has workers who are subject to military registration, information about their dismissal should be sent to the territorial military registration and enlistment office. This should be done no later than 2 weeks from the date of dismissal. The notification form can be obtained from the authority where the information is provided (Appendix 9 to Methodological recommendations General Staff of the RF Armed Forces on maintaining military records in organizations). If there are employees in the organization who are subject to enforcement documents, information about their dismissal is immediately, in order to avoid a fine, sent to the territorial division of the FSSP where enforcement proceedings are being conducted. And the writs of execution must be returned. Liquidation of a company represents the absolute cessation of its activities. The procedure can be carried out in voluntarily or forcibly. At the same time, the HR service of the enterprise is responsible for dismissing employees. How can dismissals be carried out without violating the norms of Russian law and without infringing on the rights of conscientious workers? Dismissal procedure during liquidationThe dismissal of employees during the liquidation of an enterprise has similar features to dismissals when the number of employees is reduced. However, if during a layoff the deprivation of work of certain categories of citizens is not omitted, then during liquidation the possibility of maintaining employment for any employees is not provided. Labor law obliges the employer to make layoffs according to the following algorithm:
How is information provided to the employment center and trade union?A notice in writing must be sent to the employment center, as well as a list of workers who are losing their jobs. The list containing the list of employees must contain information about the positions they hold, the qualifications they have and the income they receive.
The trade union body must be notified in writing 90 days before the event. The notification of the trade union is of an informative nature, that is, the employing organization does not need its permission to carry out layoffs. Procedure for informing personnelNotification to employees must be made exclusively in writing. After reviewing the document, the employee must sign it and indicate on it the date of review. The notification is prepared in 2 copies: one is intended for personnel, the second is given to the worker. If a person refuses to sign a confirmation, it is necessary to prepare an act of refusal, signed by the originator and 2 witnesses, who may be other employees of the company who were present at the refusal. In this situation, the notification should be sent to the address where the person who refused to sign actually resides. Personnel notice periods are defined as follows:
If an employee is on annual vacation or sick, the notification is sent by mail or courier to his actual address. In this case, the person must confirm receipt of the document by signing the receipt or mail notification. Citizens on a business trip are subject to recall. If desired, the employee can terminate the contract before the expiration of the notice period established by law. For this purpose, he needs to submit a corresponding petition, on the basis of which an order regarding dismissal is prepared, the citizen is issued a work book, and a payment is made. What amounts of money are due to employees upon liquidation of a company?The amount of money that the employer is obliged to pay must include:
In addition to the above amounts, if a citizen has not found a new job within 30 days, the employing company must make a payment equal to the average monthly earnings for the 2nd month of lack of income.
In a situation where an employee finds a new job, for example, at the beginning of the 2nd month, the amount of payment for this month will be calculated based on the days when there was no employment. If an employee who carries out labor activities in the North is subject to dismissal, then Art. 318 of the Labor Code of the Russian Federation obliges the employer to pay him the average monthly salary for 3 months (if he does not have an official source of income). In exceptional circumstances, the period may increase to six months. If the employer did not warn the worker about dismissal within the period specified by law, the employee must receive additional compensation equal to 2 average monthly earnings. If the organization refuses to pay compensation, the worker has the right to defend his interests in court. Rules for preparing documentsThe dismissal of employees during the liquidation of an enterprise is completed by drawing up orders regarding dismissal and making appropriate entries in the work book. On the last working day, the order is provided to the employee for review. The fact of familiarization is confirmed by the signature of the dismissed person. The work book must be issued against receipt. If it is impossible to obtain the employee’s signature, it is possible to send the book by mail. The labor report must indicate that the dismissal is made on the basis of Part 1 of Article 81 of the Labor Code of the Russian Federation, that is, as a result of liquidation legal entity or termination of the activities of the individual entrepreneur. Features of terminating a contract with women on maternity leaveDismissal of mothers on maternity leave is carried out according to general rules. The difference occurs only when calculating the amounts of benefits and compensation. When determining the amount of payments, the average monthly earnings for 2 years before going on vacation are taken.
The dismissal of employees caused by the need to liquidate a company is a complex task that affects the interests of many people. However, subject to compliance with labor laws, it seems possible to terminate the existence of a company and preserve the interests of the persons working for it.
The decision to liquidate an enterprise is made quite often. But not everyone knows how to properly close a business according to the law. The intention to liquidate the company must be communicated to employees and the labor exchange. The order is drawn up properly, a sample is presented in the article. The basis for liquidation may be a decision of members of the company's board, bankruptcy, or revocation of a license to continue operating. Dismissal due to liquidation of an enterprise - when to notify employees?The procedure for dismissal due to the liquidation of a company is quite complicated. It is necessary to inform the company's employees 2 months before the termination of the employment contract. The information letter is drawn up in two original copies, one for the employee and the other for the organization. This will avoid litigation in the future. Employees do not always accept this news joyfully, and sometimes they refuse to sign the form; in this case, it is necessary to draw up a report or send by registered mail, sample act The enterprise takes as its foundation. It is worth noting that during liquidation, all employees of the company are subject to layoffs, including those who are on maternity leave or vacation. The same principles apply to them as for all other employees. After the liquidation of the company, a pregnant woman who has not found a new job receives maternity benefits from the state. And monthly child benefits. When the reason for liquidation is bankruptcy, the notice period for employees is reduced to 30 days. Company managers must wait for a court decision to declare the company bankrupt in order to comply with the norms prescribed by law. Payments upon dismissal due to reductionEmployees who have been laid off at an enterprise are legally protected from the point of view of the law. The company's employees are paid severance pay, and if they are not employed, payments will continue through the employment center for the next two months. At the end of the period provided for by law, the citizen is assigned the status of unemployed, and he continues to receive benefits at the employment center. How to write a dismissal order due to the liquidation of an enterprise - sampleWhen drawing up an order, a unified T8 form per employee or T8-a in case of mass layoffs. How to write a resignation letter correctly?To write an application, you must read Art. 180 part 3., And Art. 81 part 1 item 1 labor code, if they are not clear to you, contact the HR department for clarification. Sample application available link: Check with the HR department which article should be included in the layoff application at your company. How to fire the general director in connection with the liquidation of an enterprise?To dismiss a director, it is necessary to create a liquidation commission, or this decision can be made by the meeting of founders or the sole founder. When terminating an employment contract by decision of the liquidation commission, the order is signed by the chairman. When dismissing a director, it is necessary to comply with the norms of legislation and make a full calculation:
Early termination of the contract with the director provides for payment for the days remaining before termination labor relations. Upon termination of the company's activities on the grounds of bankruptcy, the director must transfer his rights to the liquidator and provide related assistance in accounting for the company's assets. After the removal of powers from the director, all responsibility for the further management of the company by third parties is removed from him. Entry in the work book about dismissal due to liquidation of the enterpriseBased Labor Code of the Russian Federation, upon dismissal due to liquidation of the enterprise, in work books employees, a corresponding entry is made based on Art. 81 part 1 item 1. Sometimes company managers try to avoid paying compensation to their employees and try to persuade them to resign by agreement of the parties or of their own free will. If the employee agrees to the company’s conditions, the entry on the basis of which the resignation letter was written is made. The order is formed on the basis of an application written by a company employee. A mandatory procedure that comprehensively covers all full-time personnel of a legal entity, but is implemented in relation to each employee individually. The dismissal process is regulated mainly labor legislation and internal acts of the organization that determine the procedure for interaction between the employer and employees. Despite the fact that dismissal during the liquidation of an organization is, in fact, a formality, you need to be extremely careful about the procedure, strictly follow the entire procedure and fulfill the mandatory requirements. This will guarantee the absence of conflict situations and negative aspects associated with the possible application of penalties due to non-compliance or incomplete compliance with labor law standards. Supervisory government agencies are extremely demanding when it comes to inspections in connection with violations of the procedure for dismissing employees, regardless of the grounds. The liquidation of large and city-forming organizations is fraught with a sharp increase in the number of unemployed citizens. The termination of the activities of such legal entities will be subject to strict control. But even small enterprises, if conflicts arise with employees, will certainly attract the attention of regulatory authorities. And today people know how to complain at the slightest reason, despite the fact that dismissal is a serious reason for this. How should dismissal occur in connection with the liquidation of an organization?Liquidation of an organization is a direct basis for the dismissal of employees at the initiative of the employer (clause 1, part 1, article 81 of the Labor Code of the Russian Federation). The rule applies unconditionally - restrictions on dismissal individual categories workers (pregnant women, those in maternity leave) and accompanying circumstances (vacation, sick leave, availability of another vacancy) do not apply. It is not necessary to obtain the employee’s consent, nor is it necessary to obtain special approval of the issue from the trade union organization. The procedure for dismissal during liquidation of an organization: step-by-step instructionsThe dismissal procedure due to termination of the employer’s activities involves the following stages:
In general you need:
Financial settlements with employeesPayments to employees upon liquidation of an enterprise are a special topic for consideration. There is a special procedure for accrual and settlement, as well as several types of payments - basic and additional. Basic calculations- everything that is due to the employee, regardless of dismissal and its grounds. This includes wage and other payments related to the performance of labor duties and compensation provided by law (bonuses, sick leave, maternity leave, travel allowance, etc.). Compensation for unused vacation, calculated according to the number of days, is also subject to payment. Additional calculations- compensation payments due to an employee specifically in connection with his dismissal on the basis of liquidation of the employing organization. They are accrued and paid over and above the principal amounts. These include:
Payments are made by the employer and at his expense. To maintain a salary, it is necessary for the employee to submit to the organization a statement of payments due to him and documents indicating the absence of work (employment). When liquidating legal entities, payments due to dismissal are usually made immediately in full (2 salaries) to avoid problems in the future. It can be problematic to get a third salary - the organization may already be liquidated by this time. The employment center must take into account the current circumstances when making a decision.
Liquidation of an organization may turn out to be a fairly short-lived process, and not all obligations to employees will be repaid. Problems often arise with receiving sick leave, payments and compensation related to pregnancy and childbirth, as well as other social benefits. Among possible options, when a legal entity has already been excluded from the Unified State Register of Legal Entities and has actually ceased to exist:
In court, of course, you can try to cancel the liquidation, but if the organization no longer exists, there are no assets, documentation, etc., it is ineffective to make any claims against it. The only thing that can be done is to try to hold the owners and management accountable. |
Read: |
---|
New
- Siberian Institute of International Relations and Regional Studies (simoir): address, faculties, practice and employment
- The best books on economics and finance for beginners and professionals “Undercover Economist”, Tim Harford
- Tax received from abroad
- Choosing a university and training format
- Graphic patterns as the basis of a trading system
- Is it difficult to get into police school (College of the Ministry of Internal Affairs)
- Mindfulness: meaning, stages, lifestyle and development of the mind What does awareness mean?
- Specialist in the field of commerce and trade International commerce who to work with
- Gap year: what is it and is it possible in Russia? What do they do in gap year?
- Specialty law enforcement who can work