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Dismissal of an employee upon liquidation of an organization labor code. Dismissal of employees in connection with the liquidation of a retail facility occurs in the order of reducing the number or staff of the organization's employees, and not in connection with the liquidation of the organization. Features

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 organization

Liquidation 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 reorganization

You 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:

  • change of company owner or management;
  • change of name, address, location;
  • reorganization of an enterprise by merging with another legal entity or merging two legal entities.

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 organization

Dismissal 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:

  • transfer to another place of work (clause 5 of article 77 of the Labor Code of the Russian Federation);
  • own wish worker (clause 3 of article 77 and article 80 of the Labor Code of the Russian Federation);
  • agreement between the employee and the employer (clause 1 of article 77 and article 78 of the Labor Code of the Russian Federation).

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 organization

The 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:

  • 1 average monthly salary upon calculation;
  • 1 average monthly salary for the period of employment for 2 months

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:

  • salary for hours worked;
  • compensation for unused vacation days;
  • other payments that may be provided internal documents organization, such as a collective agreement.

Payments upon liquidation of an enterprise to women on maternity leave and on sick leave

After 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 legislation

But 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 liquidation

The 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:

  1. Send information about the upcoming termination of contracts to the employment service.
  2. Provide information to the trade union body (if available).
  3. Notify employees of dismissal.
  4. Issue orders regarding layoffs.
  5. Make an entry in the book about labor activity every person fired.
  6. Not later in the day, when employees are fired, settle accounts with them.

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 period for submitting notification to the center responsible for employment should not exceed 60 days. In case of mass layoffs, the period increases to 90 days. For violation of the warning period, the enterprise, according to the norms of administrative law, is subject to a fine (up to 5 thousand rubles).

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 personnel

Notification 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:

  1. Persons working full-time or part-time must be notified 60 days before the start of the event.
  2. Workers with whom a temporary contract is concluded for 2 months or a shorter period are notified 3 days in advance.
  3. Seasonal workers are informed 7 days in advance.

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:

  1. Salary for the number of days worked during the month.
  2. Vacation pay compensation. In this case, a person can use annual leave before dismissal. In this situation, the date of termination of the employment contract will be considered the 1st day after the end of the vacation.
  3. Compensation paid in case of early termination of the contract.
  4. Severance pay, the amount of which is equal to the average monthly income. If a seasonal worker is subject to dismissal, the benefit is equal to 2 weeks' earnings.

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.

If the employee contacted the employment service no later than 14 days from the date of dismissal and was not employed in the past 60 days, the liquidated organization will have to pay the average monthly salary also for the 3rd month.

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 documents

The 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 leave

Dismissal 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.

In a situation where the liquidation was carried out before the employee went on maternity leave, payments will be made by the social body. When calculating social benefits, calendar days of the month are taken into account, not working days.

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 reduction

Employees 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 - sample

When 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:

  • Compensation for layoffs is equal to at least two average monthly earnings.
  • Compensation for unused vacation. It is accrued if the director was absent on vacation for a period of time established by law, even if it is several years.

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 enterprise

Based 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 instructions

The dismissal procedure due to termination of the employer’s activities involves the following stages:

  1. The adoption by the authorized body of a legal entity of a decision on the voluntary liquidation of an organization or the issuance of a court decision on forced liquidation.
  2. Appointment of a liquidator or creation of a liquidation commission.
  3. Preparing a liquidation plan is not a mandatory procedure, but is widely practiced to simplify and speed up the completion of all liquidation measures. The plan traditionally includes a clause on the dismissal of the organization’s employees and settlements.
  4. Preparation of a dismissal plan - for cases where there are many employees, dismissal is planned gradually, when it is necessary to postpone the dismissal of some hired employees (manager, accountant, members of the liquidation commission, etc.). The dismissal can take place in one day, but usually some employees need to be retained for a longer period of time. In this case:
  • everyone is notified of the dismissal at once, but with the expectation that the organization will be able to liquidate quickly enough;
  • some employees are notified later, but in such a way as to comply with the timing and order of all procedures;
  • they plan to fire everyone one day, but with necessary employees after dismissal, civil contracts are concluded until the completion of liquidation measures (it is advisable to agree on the issue in advance and ensure readiness for such a relationship).
  1. In accordance with the legislation on trade union organizations, upon liquidation of a legal entity, notification of the trade union and negotiations with it regarding the rights and interests of members of the trade union organization are required. The notification must be sent at least 3 months before the upcoming liquidation of the legal entity. Often, holding these events is a mere formality, since the union cannot in any way block the termination of the organization's activities or prohibit dismissal. Usually, all issues come down to the need to comply with the procedure for dismissing employees and making all payments due to them in full.
  2. Preparation and sending to each employee a notice of upcoming dismissal due to liquidation. In this case, they are guided by the decision to terminate activities and clause 1 of Part 1 of Art. 81, part 2 art. 180 Labor Code of the Russian Federation. The timing of notification is not strictly regulated, but it is imperative to maintain a minimum 2-month interval between notification and dismissal. Distribution or delivery of notices is carried out in such a way that the employer, if necessary, can confirm that the employee received the information. Typically, notifications are delivered against signature - the most effective way to confirm the fulfillment of the obligation.
  3. Simultaneously with sending notifications to employees or a little later, but no later than 2 months before the date of dismissal, a written notification is prepared and sent to the territorial division of the employment service (Rostrud). In accordance with the Letter of Rostrud dated September 26, 2016 N TZ/5624-6-1, the notification can be prepared in free form, but usually the form (Appendix 2) approved by Government Decree of February 5, 1993 N 99 in the current version is taken as a basis, accompanied by written information. All details should be clarified in your territorial division of Rostrud.
  4. Employees who express a desire to terminate the employment contract before the expiration of 2 months from the date of notification are dismissed. The desire or consent must be expressed in writing - a corresponding statement is sufficient. Such dismissal is the right of the employer, but it is implemented only with the consent of the employee. On the other hand, if the employee himself wants to resign, but the employer is against it, then dismissal under clause 1, part 1, article 81 of the Labor Code is impossible. In this case, you can choose and agree on other grounds for dismissal. As a rule, either the agreement of the parties or one’s own desire appears. Such reasons are beneficial to the organization, but not beneficial to the employee - he loses money. Therefore, the issue should be approached extremely carefully in order to protect the interests of the employer, but not create conflict situation and not risk the possibility of appealing the dismissal. If the issue of dismissal due to liquidation is agreed upon before the expiration of the 2-month period, the employment contract is terminated in the usual manner. Additional condition - the employer is obliged to pay the employee monetary compensation, which is calculated based on his average earnings in proportion to the time remaining until the end of the 2-month period between the notification and the date upcoming dismissal. Compensation is paid in addition to other payments due to the employee. If an employee wants to resign on his own own initiative, the organization saves on payments, and the employee, accordingly, loses money, so in this case it is worth thinking through a compromise solution in advance.
  5. After a 2-month period from the date of notification, a single dismissal order is issued for all employees or separate orders (Form T-8) - in accordance with the dismissal schedule. Each employee to whom it concerns is familiarized with the order personally, against signature. If it is impossible to bring the contents of the order to the attention of the employee, as well as in cases where the employee refuses to familiarize himself with the order and (or) put his signature, the requirement may not be observed, but it is necessary to make a note (record) directly in the order about the reasons and the fact itself.
  6. Dismissals are documented by the personnel officer (personnel department) in accordance with the internal regulations of the organization and the Labor Code of the Russian Federation. The main documents are an order, a settlement note, a properly executed personal card of the employee (form T-2) and a work book with a record of dismissal.
  7. Employees receive financial settlements and documents related to dismissal. On the day of dismissal, a work book with a record of dismissal must be issued, other documents - upon the employee’s written request. Such documents include any related to the employee’s work in the organization. To avoid problems with handing over a work book to an employee (he does not want to appear, pick up documents, sign for its receipt, etc.), the employee is sent a written notification of the date and place of receipt of the document or the need to give consent to send the work book by mail. With such a notification, the employer insures himself against a controversial situation - he is considered to have fulfilled his obligation. In accordance with the law, work books not received (not claimed) by employees are stored in the organization for at least 75 years. Taking into account the liquidation process, documents must be submitted to the territorial archive (state or municipal) upon completion of the activities.
  8. If an employee plans to register as unemployed, he will need documents that the employer is obliged to hand over. Besides personnel documents, a certificate of average monthly salary for the last 3 months is required. The certificate is prepared and issued at the employee’s request within 3 days from the date of submission of the written application.
  9. Preparation and submission to the military registration and enlistment office of information on the dismissal of employees subject to military registration (only if there are such employees). Information is sent to the territorial military registration and enlistment office and (or) local authorities - depending on the local procedure and practice (needs to be clarified). The obligation must be fulfilled within 2 weeks from the date of dismissal. The notification form can be obtained from the authority where the information is provided (Appendix 9 to the Methodological Recommendations of the General Staff of the RF Armed Forces on maintaining military records in organizations).
  10. If there are employees in the organization who are subject to enforcement documents, information about their dismissal must be sent to the territorial division of the FSSP where enforcement proceedings are being conducted. Executive documents must be returned. There are no specific deadlines for reporting to the FSSP, but this must be done immediately in order to avoid liability (up to 100 thousand rubles in fines) for violating the procedure for fulfilling duties within the framework of enforcement proceedings.

In general you need:

  • send information to the FSSP unit and attach an executive document;
  • send information (notification) to the recipient of alimony if the executive document concerns alimony obligations;
  • make a note in the returned writ of execution about the deductions made (total amount of claims, amounts withheld before dismissal, dates of transfers, payment documents, debt balance) and certify the records with the organization’s seal.

Financial settlements with employees

Payments 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:

  1. Severance pay is the average salary (paid by the employer immediately upon dismissal).
  2. If it is impossible to find employment, a payment in the amount of the average salary for the next two months after dismissal. The payment is made against the severance pay, so as a result, another equal amount must be added to the severance pay. Provided that the employee is registered with the employment center within 2 weeks from the date of dismissal, the monthly salary can be maintained for another month (up to three in total) - the decision is made by the employment center. In this case, the employee will receive a total of 3 average monthly salaries (benefits + 2 average monthly salaries).

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.

  • severance pay for seasonal workers is the amount of 2 weeks' average salary;
  • for those working in conditions Far North saved earnings can cover 4-6 months, and the requirement for contacting the employment center is not 2 weeks, but a month.

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:

  1. Filing a claim against the Federal Tax Service and putting forward a demand to cancel the registration of liquidation.
  2. Filing a claim for debt repayment against the liquidator.
  3. Filing a claim against persons bearing subsidiary (joint and several) liability for the debts of the organization.
  4. With regard to social payments, the grounds for which appeared within a short period after dismissal (parental leave, maternity leave, sick leave, etc.), they can be received through government agencies within the social insurance system.

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.

 


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