What is a massive reduction of workers. How is a mass layoff carried out? How many layoffs are considered mass layoffs?

When a large number of employees are reduced, this is already a mass layoff. This is how many people should be reduced to be recognized as such? In this article we will try to answer this and other questions.

About reduction

Reducing the number of employees or staff is a legitimate tool for the employer. This is one of the grounds for dismissal at the initiative of the employer.

The employer has the right to independently change the system of subordination and the structure of the organization, make decisions to optimize the entire work process, change the staffing table or the number of employees. And the legislation does not oblige the employer to justify his decision to the employees.

But at the same time, the good faith of the employer and the absence of abuse of the right on his part are assumed. This means that, having reduced the number of employees from 10 to 2, he will not increase the department “tomorrow” by the same 8 people. The risk of challenging the employer's order is very high. And if the employer is not obliged to report to the employee, then in court in the event of a dispute, he will still have to prove that the mass reduction was forced and necessary measure.

Mass reduction

Legislation does not provide a definition for ordinary and mass layoffs.

The reduction in the number of employees implies a decrease in the number of employees replacing the same positions.

If individual positions or entire divisions are excluded from the staff list, we are talking about staff reduction.

Massive downsizing means downsizing a large number employees. But what exactly is the amount?

Criteria

Mass character criteria for dismissal are determined in industry and (or) territorial agreements.

If there is no agreement in a particular industry or what exists does not apply to the organization, then the criteria for mass character are determined according to clause 1 of the Regulation, approved. Decree of the Council of Ministers of the Russian Federation of 05.02.1993 N 99. According to it, a dismissal is considered massive if it is reduced:

• 50 people and more within 30 calendar days;
• from 200 and more - within 60 days;
• from 500 and more - within 90 days;
• 1% off total number employees for 30 calendar days in regions where the total number is less than 5,000 people.

In case of mass reduction, how much notice is given?

Notifying workers and government agencies in case of mass layoffs is just as mandatory as in the case of a regular one.

Economic instability in the country again forces employers to reduce their staff. This method of terminating an employment contract is one of the most difficult, both in terms of execution and from the emotional side. Reduction is unpleasant not only for employees, but also for the employer himself.

The main processes of the reduction procedure are spelled out in labor law, subtleties - in industry local acts. If the industry agreement does not classify the reduction into mass and individual, then the norms of part 1 of article 82 should be followed. Labor Code and Regulations on the organization of work to promote employment in the context of mass layoffs.

Mass layoffs - how many people are to be laid off? Official figures:

• 50 or more employees were fired in 1 month;
• 200 employees were fired within 2 months;
• 3 months reduced from 500 people.

Also for regions where the total population does not exceed 5 thousand people, massive downsizing the release of 1% of employees at one enterprise in 30 days is considered.

Why does the employer take such measures?

The legislation does not provide for the obligation of the employer to explain the reasons for the reduction, especially if everything happens within the framework of the law. Although the reasons are usually clear: it is a decline in production, the inefficiency of top management,

Thus, the reason for the massive layoffs of doctors in Moscow was the optimization measures in the field of healthcare. It is too early to talk about the effectiveness of such measures, but many people were left without a livelihood, while having a noble and sought-after profession.

The order of reduction. Establishment of a reduction commission

Despite the fact that this stage is not provided for by any legislative act, arbitrage practice suggests that it is better to make such decisions collectively, and not solely by the director. The commission will decide how justified and from which divisions and departments.

It is at this stage that the number of persons from the category not subject to reduction should be determined. It's also good to make comparison table to identify employees with higher qualifications, therefore, who have a preferential right to stay at work. The defining criteria may be:

Work experience;

Absence of marriage and violations for a certain period of time;

Personal contribution of the employee to the development of the enterprise.

Evaluation can be carried out not only within a certain category of posts, but also between posts with different names, but with similar terms of reference. The result of the work of the commission should be a protocol with a list of employees to be reduced.

Reduction order indicating positions and surnames

Such an order is issued at least 2 months before the date of release of employees. Although this order comes into force along with orders for the dismissal of employees.

If a mass reduction of workers is carried out, then it is more rational to create a new staffing table than to make changes to the old one, but it can come into force only after the end of the reduction procedure.

Notifying employees of impending release

The legislation provides for a two-month period for notifying an employee of an impending dismissal. The best way- These are personal written notices issued to each under the signature. The employer must keep one copy of the notice with the signature of the dismissed employee.

If individual employees refuse to accept the notification or put their signature, then an appropriate act should be drawn up, members of the commission and other employees, preferably from other departments, should be involved in its signing. In the absence of an employee at the workplace due to being on vacation or on sick leave, a notification can be sent by mail notification with a list of documents to be sent and a notification.

With the mass reduction of doctors in Moscow, many employees quit before the cutoff date. Indeed, you can quit early. In this case, the employer is obliged to make all payments guaranteed by law.

Other job offer

After delivery of the notice or at the same time, the employer is obliged to offer employees another job if it is vacant. Whether it is a mass reduction of doctors or other specialists, you can offer vacancies that do not even correspond to the qualifications of the employee being reduced, with lower pay.

If vacancies were offered along with a notice of reduction, and the employee does not want to change his profession, then on the notice he must write that he refuses the offered vacancies.

In the absence of vacant jobs, the employer is also recommended to draw up an appropriate document about this and familiarize all the released personnel against signature. Naturally, the staff list should confirm the fact that there are no vacancies.

Union Notice

At the same time that employees are notified of the upcoming release, the union must also be notified. If we are talking about mass layoffs in Russia, then 3 months before the upcoming cutoff date.

The legislation does not require the employer to obtain consent from the Administration may be limited to just a notification.

Transfer of personnel who agree to fill vacancies

None special requirements there is no provision for the transfer of personnel during the reduction period, everything is carried out according to the standard procedure. The employee can express his consent by putting the appropriate mark on the notification. After that, the employer makes these changes to labor contract.

Stage of dismissal

Mass layoffs are the execution of an order to terminate the employment contract with each employee. Naturally, with the huge size of the enterprise, a large burden falls on the personnel service, but there is no other option. You will also have to make entries in the work books of those employees who leave, that is, carry out a complete dismissal procedure with each reduced employee.

If the employee does not want to receive a work permit, or is absent on the day of dismissal from work, then on the same day he must be sent by mail with a notification request that he come to the enterprise to receive a work book. In the event of an illness of an employee, the date of dismissal is postponed to the moment when the employee returns to work from sick leave on hands.

Carrying out calculations

Both single and mass involves the payment of additional compensation, namely:

Payments for the last month of work, including all allowances and bonuses;

Payment for each day of unprovided vacation;

Benefit in the amount of the average monthly payment.

It should be remembered that failure to pay all compensation on the day of dismissal or the next day entails the payment of interest in the amount of at least 1/150 of the current key rate for each day of delay.

Possible payments if the reduced staff could not find a job

With a mass reduction, no matter how many people it may be, almost everyone becomes registered with the Employment Center in order to receive at least some social guarantees and the opportunity to find a job.

If within 1 month from the date of reduction and registration with the Employment Center, the employee could not get a new job, then he has the right to present a certificate of incapacity for work for payment former employer. Unemployed personnel can also count on receiving the average monthly wage from former enterprise within 2 months from the date of reduction. Naturally, such payments will be reduced by the amount of social unemployment benefits received.

To receive payment, a former employee can apply to the employer with a written application and a work book, which is a confirmation that he is not employed. In some cases, the opportunity to receive wages remains with the unemployed for 3 months from the moment of mass reduction:

Subject to contacting the employment center no later than the end of the two-week period after the date of reduction;

The Employment Center was unable to employ the unemployed for 3 months;

The unemployed person must obtain an appropriate decision from the employment agency where he is registered.

The employee himself should be interested in his rights, for example, often increased compensations are prescribed in the collective agreement in case of massive staff reduction. Therefore, before employment, you should not formally approach the study of such a document.

Practical Issues

Often, employees do not understand what a mass layoff is, how many people should be fired and for how long. The employer takes advantage of this and can simply get rid of "unnecessary" personnel. Simply put, over time, recruit the same number of people, but at lower wages. This is confirmed by litigation, where the employees won. There were cases when laid-off employees were able to prove that their position had not actually been reduced, since after the dismissal the number of staff positions did not change, which was confirmed by the audit of the labor inspectorate. After the mass layoffs of doctors, there will probably be more than one trial, and, most likely, on the basis of the fact that an incorrect assessment of labor productivity was carried out and on other grounds.

This is the release of jobs according to the criteria established by the relevant legislative act, based on the total number of employees of the enterprise for a certain period.

This act refers to the Decree of the Council of Ministers of the Russian Federation dated 05.02.1993 No. 99 “On the organization of work to promote employment in the conditions of mass dismissal”, which, however, has not lost its relevance to this day.

How many layoffs are considered mass layoffs?

Let us analyze in more detail how many people should be fired to determine the mass character. Criteria for mass dismissal of workers are determined by sectoral or territorial agreements. If they are not, then the provisions of Decree No. 99 of 05.02.1993. They are the following:

• upon liquidation of an organization with more than 15 employees:
  • if more than 50 people are fired in 30 days;
  • if more than 200 people are fired in 60 days;
  • if more than 500 people are fired in 90 days;
• with a reduction of more than 1% of employees in areas with a total number of economically active population of less than 5,000 people.

mass layoff procedure

The decision to start this procedure is not an easy one for a manager and is associated with a large amount of personnel work, as well as significant material costs. In addition, if you do not follow the sequence of certain actions, you may encounter in the future an appeal against the actions of the employer by the employee, communication with government supervisory authorities and an impressive fine, as well as other monetary losses for the employer.

The step by step procedure is as follows.

Step 1. The decision to start the mass dismissal procedure is made by the management of the organization or its founder (owner).

Step 2. Notifies the trade union (if any) and the employment center three months in advance.

Step 3. Issues a release order indicating the positions to be released.

Step 4 Approves the new staffing table.

Step 5. Determines the desired number of employees or a specific category.

Step 6. Decides who can be fired, agrees this moment with the union.

Step 7. Informs employees two months in advance of the upcoming reduction, offers all available vacancies (if any).

Step 8. If the employees agree, they transfer, if not, they draw up documents for dismissal.

Step 9. On the last working day, he issues work books to employees and makes the final payment.

Step 10. Pays out severance pay(for the first month). If the employee has not found a job within a month from the date of dismissal, he pays the average salary for the second month. By decision of the employment center (if the employee was registered within 2 weeks after the dismissal), he issues the average earnings for the third month.

What to do before making a mass layoff decision

Until a final decision is made, the following steps can be taken:

• to inform the local administration about the difficult situation of the organization, which may contribute to solving the problem;
• arrange an intra-organizational meeting to inform employees about the current situation and possible measures to correct it, which will help prevent tension within the team;
• develop measures to prevent the collective release of employees;
• discuss the possibility of changing the scope of the organization, also in order to avoid collective reduction;
• temporarily stop accepting new employees for vacancies and refuse part-time employees in order to transfer employees subject to reduction to existing ones vacant positions;
• introduce part-time work. That is work time will be less than the established norm, and wages, respectively, will decrease and will be charged for the time actually worked.

Also, some employers send their employees on unpaid leave in order to keep them workplace which, however, is illegal.

After the decision on mass reduction

When the issue of collective reduction is resolved, it remains to carry out the following actions:

• determine which of the employees is subject to reduction, since not everyone can be fired in this way;
• carry out the notification activities referred to above;
• inform employees about the social guarantees they are entitled to, provided for by law;
• to acquaint employees under signature with all documents related to the reduction;
• draw up all documents properly, make entries in work books and ensure payment of the amounts due, namely: wages, including debt on it, compensation for unused vacation, severance pay (Article 178 of the Labor Code of the Russian Federation).

It is important for the employer to remember that in addition to payments directly upon reduction, the employee retains the right, and the organization, accordingly, the obligation, if the person does not find a job within two months after the reduction, to pay due to the requirements of Art. 178 of the Labor Code of the Russian Federation average earnings for the second month. In cases where an employee applied to the employment service within 2 weeks after the reduction, but could not find suitable job within 2 months after dismissal, the period for receiving average earnings can be extended up to three months.

Accordingly, a person who got a job loses the right to receive average earnings.

Possible problems with mass layoffs and how to solve them

Naturally, such a responsible and time-consuming process as a mass layoff can create a number of problems for the employer. Therefore, it is necessary to pay special attention to these nuances.

These exceptions are:

• women who are pregnant;
• single parents raising children under 14 years of age (and in cases where the child is disabled, then up to 18 years of age);
• persons replacing parents to young children or children with disabilities.

In addition, it is important to pay attention to the timely notification of the trade union and the employment center, since non-compliance with the procedure may contribute to the recognition of the reduction as unlawful, which, in turn, entails the imposition of penalties on the employer.

You also need to remember to offer all available vacancies, and they must be offered during the entire period preceding the reduction (notification period). All available vacancies are offered, in which employees can work for health reasons and by virtue of their qualifications.

In the orders for reduction and dismissal, as well as in the future in work books, there should be entries that meet the requirements of the law, with reference to the specific requirements of the law regarding the reduction, so that in the future there will be no disputes about the legality of the actions of the employer.

Mass layoffs of employees - how many people? It is determined by the ratio of the number of dismissed employees to the total number of the enterprise.

What are the criteria?

The criteria for mass layoffs are determined by Decree of the Government of the Russian Federation of February 5, 1993 No. 99(as amended in 2014) "On the organization of work to promote employment in the context of mass layoffs." If other industry or regional criteria are not adopted for the enterprise, then the following are taken as a basis:

1. Complete liquidation of an enterprise, regardless of its ownership, with 15 or more employees.
2. Reducing the number of employees of the organization in the amount of:
   • 50 or more within 30 calendar days;
   • 200 or more within 60 calendar days;
   • 500 or more in a period of 90 calendar days.
3. The number of dismissed is 1% of the total number of employees within 30 calendar days in the area, which has no more than 5 thousand jobs.

Reasons for the reduction

The ongoing economic crises in the Russian economy, errors in the enterprise management strategy, the development of new technologies are the reasons leading to a massive reduction in the staff, and even to its complete elimination. The main reasons are:

• bankruptcy of an enterprise;
• liquidation of the organization;
• change of company management;
• change in staffing;
• introduction of new technologies to automate production processes and etc.

Order

To prevent mass layoffs (unless a final decision has been made), steps are being taken to stabilize the enterprise and give time to improve the situation:

• notification of the local administration about a possible mass reduction of employees to jointly solve the problem;
• stop hiring new employees;
• reprofiling or changing the direction of the organization;
• termination of partnership;
• reduction of the working day and (or) week;
• transfer of employees who fall under the reduction to other jobs, etc.

If it is impossible to avoid mass layoffs, then it is necessary to carry out the entire layoff procedure in accordance with the Labor Code of the Russian Federation (Articles 74,,,,, 140,,,) and other legal acts.

Article 140 of the Labor Code of the Russian Federation. Deadlines for dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than next day after the laid-off employee presents a demand for payment.

In the event of a dispute about the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

Read about how alimony is calculated upon dismissal, whether they are withheld from compensation and other payments.

Decision-making

Depending on the form of ownership of the enterprise (private, state and municipal), the decision on mass dismissal or reduction is made at different levels. If the enterprise is state-owned, then this may be a Decree of the Government or a specific Ministry on changing (reducing) the number of employees in a specific area of ​​\u200b\u200bproduction or organization.

If the enterprise is private, then the decision is made individual entrepreneur(for IP), director or board of directors, or other governing body.

Notification of the trade union and the employment center

Prescribes the obligatory consideration of the opinion of trade union bodies in the mass dismissal of workers.

Within 10 days after receiving notice of the upcoming mass dismissal, the trade union makes a decision and draws it up in writing. If this period is violated by the trade union, the management of the organization may not take into account its opinion. If the trade union makes a negative decision, then within three days joint meetings are held, the results of which are drawn up in a joint protocol. The employer can appeal against the negative decision of the trade union in court.

Important! All agreements and results of consultation with the trade union are made in writing.

The union is checking the legality of the dismissal: the presence of pregnant women on leave with children, single mothers among the dismissed employees.

In accordance with the Law of the Russian Federation of April 19, 1991 (as amended in 2017) “On Employment in the Russian Federation”, it is necessary to notify the employment center in a timely manner about the upcoming mass reduction of employees - this is 3 months before the start of direct mass layoffs.

Violation of the terms of notification of the employment center entails the administrative responsibility of the employer in the form of a fine: three thousand rubles for individual and up to 50 thousand rubles - for legal.

There is no single sample notification of the Employment Center about the mass release of workers in the legislation.

The notification is made in any form, but should contain the following information: a list of persons to be dismissed, indicating the position held, education, work experience, qualification requirements and wages.

A notice to the employment center of a mass layoff is sent to the actual address of the organization.

Issuance of an order to vacate posts

The mass dismissal order must indicate the justification for the mass dismissal:

• a court decision declaring the organization bankrupt;
• the decision of the meeting of founders on the termination of activities or reorganization and the need for a reduction in the number of employees;
• change in staffing and others.

The order is issued in any form with the obligatory indication of the following data:

1. full name of the enterprise;
2. publication date;
3. expected date of termination;
4. list of employees to be laid off.

The order is signed by the head and agreed with legal service and trade union, is registered in the prescribed manner in the register of orders with the assignment of a number and an indication of the date.

Drawing up a new staffing table

The staffing table is not a mandatory document, but allows you to decide personnel matters and plan the development of the organization. The document states:

1. structural units;
2. job titles;
3. amount of workers;
4. wages, allowances.

Commercial organizations can assign any title to positions, and state ones are necessarily guided by special classifiers. The document indicates both occupied and vacant positions, takes into account employees working part-time.

Before creating a new staffing table, management analyzes the staffing, production capacity and prospects for further development.

An employee of the personnel department or a secretary draws up a schedule, for convenience in tabular form. The staffing table is approved by order, registered and only after that it comes into force.

Who is being cut?

Mass layoffs take into account qualifications, experience and merit employees. Such a decision is made jointly by management with the personnel department and taking into account the opinion of the trade union.

It is impossible to dismiss by reduction privileged categories of workers:

• women in position;
• single parents with dependent children under 14;
• women on parental leave;
• adoptive parents, guardians with children under 14 years old.

Employee notification

The employer must notify the employee in writing of the upcoming dismissal two months in advance. before the date of termination. In writing, the employer offers an available other job, both corresponding to the qualifications of the employee, and a lower position or lower-paid job.

The employer must offer the employee all vacancies that meet the specified requirements. If provided for by the collective agreement, the employer has the right to offer vacant positions in another locality.

If the employee refuses to sign the notice of dismissal, it is sent to him by registered mail with notification, and then an act of refusal to sign is drawn up.

Attention! The notice of dismissal is given to the employee only under a personal signature.

Transfer to another position

If, as a result of negotiations between the employer and the employee, a decision is made to transfer to another position, then the employee writes an application addressed to the head of the transfer to another position. According to Article 72 of the Labor Code of the Russian Federation, the statement of the employee is considered as his consent. After that, a transfer order is prepared and, on its basis, changes are made to the staff list, work book and other working documents.

Article 72 of the Labor Code of the Russian Federation. Changing the terms of the employment contract determined by the parties

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Drawing up an order

The mass dismissal order is drawn up on the last day of work of employees indicating the reason:

• order to approve the new staffing table;
• notification of an employee about dismissal;
• a written offer of another job to the employee and his refusal;
• the act of refusal of the employee to sign the dismissal.

The document states:

1. full name of the organization, date of issue of the order, registration number;
2. details of the employment contract to be terminated;
3. grounds for termination in accordance with the Labor Code of the Russian Federation;
4. signatures of the head, employee (familiarized), trade union organization.

Filling out documents

On the day of dismissal, on the basis of the dismissal order, an entry is made in the work book:

• section 1 indicates the serial number of the entry;
• section 2 - date of dismissal;
• section 3 record of the reason for dismissal, without abbreviations, exactly in accordance with paragraph of the Labor Code of the Russian Federation;
• in section 4, the order number is affixed, on the basis of which a dismissal entry is made in the work book.

The head of the organization or the personnel officer responsible for maintaining work books puts a signature and seal under the record. The employee checks all records and also signs.

On the basis of the order, appropriate entries are made in the card and personal file of the employee.

Issue of calculation and documents

On the day of dismissal, the employee receives:

• work book;
• certificates of the amount of wages paid and the payment of contributions;
• certificate of employment;
• on the day of dismissal, the employee is paid all the money due.

What payments are due?

Upon termination, the employee is paid:

1. salary for days worked;
2. compensation unused vacations(all unused);
3. additional amounts in case of early termination of the contract;
4. severance pay.

The severance pay to the dismissed employee is paid in the amount of the average monthly earnings. For the search period new job he retains the average monthly salary, but not more than two months from the date of termination.

The amount of the benefit for a full paid month is calculated:

Benefit = Avgl = Avgnl x RR, where:

• avg- the average monthly salary;
• Avg.- the size of the average daily wage;
• RD- the actual number of days worked.

The procedure for the mass dismissal of employees has a number of difficulties and nuances, but must be carried out in compliance with the law.

In the article, we will consider in detail how the mass dismissal of workers is formalized, what could be the reasons.

Reasons and criteria for multiple layoffs

The mass release of workers involves the premature denunciation of labor contracts concluded with them due to the termination of the existence of the organization, staff reduction. V work book at the same time, it is recorded that the dismissal was made in connection with a reduction in staff or the liquidation of the organization.

Evaluation criteria for mass character are determined by the indicators of the number of people laid off for a specific period. According to Art. 82 of the Labor Code of the Russian Federation, they are determined by sectoral and territorial agreements. In the absence of such regulation - by the Regulation of the Council of Ministers of the Russian Federation No. 99 of February 5, 1993 "On the organization of work to promote employment in conditions of mass dismissal."

If these criteria are met, the dismissal is recognized as mass. If a number of agreements apply to the dismissed person, then those of them that, according to their conditions, are more favorable for him, apply.

Features of mass reduction under the law

Collective dismissal is an extreme measure used by the employer in the presence of large debts, bankruptcy, and other reasons of an economic, legal, technological nature. To avoid numerous layoffs, the head of the organization may initially take other measures:

• offer employees to go on vacation at their own expense or transfer to another job;
• reduce wages;
• introduce, with the consent of the trade union body, part-time work ( Art. 74 Labor Code of the Russian Federation).

If it was not possible to resolve the current situation, then the employer inevitably comes to the application of the collective release of workers. Further, when carrying out measures for dismissal, the employer is guided by the following laws:

1. Law of the Russian Federation N 1032-1 dated April 19, 1991 (as amended on October 11, 2016) “On Employment in the Russian Federation”, art. 21 (on notification of trade unions) and 25 (on notification of the employment center).
2. Art. 81 of the Labor Code of the Russian Federation (denunciation of an employment contract at the initiative of the employer).
3. Art. 179 of the Labor Code of the Russian Federation (privileges for certain categories of citizens to stay at work).
4. Art. 373 of the Labor Code of the Russian Federation (participation of a trade union in the dismissal of workers).
5. Art. 180 of the Labor Code of the Russian Federation (guarantees and compensation for redundancy - for workers).
6. Art. 140 of the Labor Code of the Russian Federation (terms for payment of due amounts upon dismissal).

For non-compliance with legislative norms during numerous layoffs, management is brought to administrative responsibility.

Conditions and procedure for mass release

The mass release procedure implies a series of sequential actions that must be performed primarily by the initiator - the employer. It is he who gradually manages the reduction, adhering to the following order.

Timely and correct implementation of all stages with numerous reductions allows eliminating disputes, as well as avoiding violations.

Documentation for mass layoffs

Any mass dismissal is accompanied by the execution of basic (mandatory) and additional (if necessary) documents. It is they who confirm the very fact of carrying out the measures provided for in such cases by law. These should include:

• updated staff list, order for its approval;
• orders for dismissal, reduction, transfer;
• acts of consent (disagreement) of the employee to move to another position or job;
• notifications about the upcoming reduction of workers, trade unions, employment services;
• protocol on consent (disagreement) of the trade union;
• financial documents certifying the receipt of the amounts due by the employee.

In addition, the information on each dismissed employee, which must also be always ready and the signatures of the dismissed after reviewing the documents, have an evidentiary basis.

Payments to employees upon dismissal

At the end of 2 months from the date of notification, the employment contract is canceled, and the employee is paid. On the date of dismissal, mandatory payments are made to him:

• due salary;
• compensation for unused holidays;
• severance pay - average monthly earnings ( Art. 178, part 1.2 of the Labor Code of the Russian Federation);
• additional compensation upon early release (average earnings calculated in proportion to the remaining period until the end of the notice of dismissal).

In addition, the worker is entitled to compensation (average earnings) after dismissal for the second and third months, if he has not yet found a job and is listed in the employment center. In some cases, by decision of the center, the already unemployed are paid such compensation for the third month. The main condition for recognizing the right to compensation payments after the reduction (liquidation of the organization) is that the dismissed person must contact the center for labor and employment within two weeks after losing his job.

Dismissed workers from organizations operating in the Far North and territories equated to them, the period of compensation payments is extended to six months. Upon dismissal with the wording "by own will» or in the case of a transfer, no compensation amounts are due.

Example #1. Mass dismissal at Vasilek OJSC

Due to the lack of funding and falling volumes construction works The management of OJSC Vasilek decided in March 2016 to liquidate three of its structural sectors with 98 employees. In total, Vasilek employs 600 people.

Federal industry agreement on construction and building materials industry of the Russian Federation for 20014–2016. dated 10/11/2013 determines the headcount indicators, upon reaching which the dismissal is recognized as mass.

Obviously, the established threshold for the number of dismissed people (50 people) per month has been exceeded and amounts to 98 dismissed people. And this means that the planned release is recognized as massive.

Example #2. Dismissal in connection with the termination of the existence of the organization

A. V. Dolgov, the head of the personnel service, handed over a notice signed by the employer about the upcoming dismissal due to the termination of the organization. The start date of the events is October 26, 2016. The notice was sent to the addressee in a timely manner - 2 months before. Having familiarized himself with it, the dismissed person put his signature.

After a week, the employer suggested that A. V. Dolgov quit early with payment additional compensation, to which the latter agreed, confirming this in writing.