Often, employees leave the company of their own free will or in connection with a number of violations committed by him in the course of business. However, sometimes there are situations when it is necessary to reduce staff in order to maintain previous performance. It is unprofitable for the employer to draw up the above reason for dismissal in accordance with the articles of the Labor Code, since huge payments are due to the employee during reduction. Unscrupulous leaders are looking for other ways to resolve the issue, which often leads to scandals.
We follow the rules
So, if the employee is a legally literate person, then any attempts of deception by the management will not succeed, because payments to the employee during the reduction are made without fail. It should be understood that the staff reduction procedure should be justified and carried out according to a plan strictly established by law. If the company decides to liquidate the organization, and if maintaining performance indicators at an acceptable level requires the dismissal of employees of a certain category, then management must notify all personnel in advance of such plans. Moreover, it is not enough at all to place an announcement on a common information board, you need to personally familiarize everyone with the order or instruction. This fact is recorded in a separate journal, where all employees sign. In addition, each person should know that the bosses cannot simply dismiss a conscientious employee; in exchange, the manager is obliged to offer a different position corresponding to education and work experience. Unfortunately, most citizens are unaware of the existence of such an article in the Labor Code of the Russian Federation. And the owners of enterprises and firms do not want to assume additional responsibility, therefore, without a twinge of conscience, they ignore the above principle.
What payments are made to the employee during the reduction?
So, the director announced the planned staff reduction in two months. Now the staff knows what to expect, so it may be interested in the available vacancies. Many enterprises offer to document a statement of their own free will. This is due to the reluctance to bear the additional costs due to each employee when dismissal is carried out to reduce. Payments after the announcement of the official decision must be made three more times. Two salaries are laid for actually worked months, and the third payment is called severance pay . Its size is not less than the average monthly salary.
Reduction of severance pay: significant nuances
As mentioned above, an employee has the opportunity to find a vacancy within two months. As a rule, many companies are ready to accept qualified specialists. In this case, the employee writes a statement stating that he is not against early termination of employment. However, he is not deprived of the right to receive employee benefits upon reduction. Its size is calculated from the number of days remaining until the date of planned layoff and average monthly salary. If the employee was fired, and a new job was not found, it is necessary to register with the state employment service no later than two weeks. Then he will be able to officially apply for the payment of wages for the second and third month of work.