Work book, dismissal due to liquidation. Dismissal due to liquidation of an enterprise: proper organization of personnel work

Dismissal due to liquidation of the organization must be accompanied by a set of actions by the personnel service. The employee must be warned in a timely manner about impending events, he must be paid the required compensation, and also be issued with documents on his work activity. In addition, you need to send the relevant information to the Federal Tax Service and the Federal Tax Service of Russia.

General rules for dismissal during liquidation of an organization

If the organization is liquidated, then all employees are subject to dismissal - like those who are in at the moment perform their labor functions, and are on vacation or sick. In addition, when dismissal due to liquidation of the organization Even employees with young children and women on maternity leave and child care cannot be kept at work.

When dismissing an employee for this reason, the company must notify within the established time frame:

• employee of the organization;
• trade union;
• employment service.

It is imperative to accrue and pay the required compensation to the employee, formalize it and hand it over personally work book and a certificate of income. As soon as the liquidation procedure is completed, all personnel documents must be archived. So, let's describe the procedure in more detail.

Dismissal upon liquidation of an organization: we notify the trade union committee

The primary trade union organization should be notified of future dismissal. This must be done within 3 months remaining before termination. labor relations(Clause 2 of Article 12 of the Federal Law “On trade unions, their rights and guarantees of activity” dated January 12, 1996 No. 10-FZ).

It is allowed to compose a notification in any form. The document should contain a list of employees subject to dismissal, as well as indicate the number of the liquidation decision and the date of the protocol.

Often, to sign a collective agreement, workers create a labor council. This association is not a trade union organization, and the law does not oblige it to notify.

Dismissal due to liquidation of the organization: notify the employment service

The employment service must also be notified that layoffs are coming. At the same time, depending on the scale (massiveness) of termination of agreements, deadlines are established within which a message must be sent to the service, and the procedure for such notification. As stated in the Decree of the Government of the Russian Federation dated 02/05/1993 No. 99, simultaneous termination should be considered a mass dismissal labor agreements with 15 or more employees.

If dismissal due to liquidation of the organization massive, then the employment service must be notified 2 times:

• 3 months remaining before the start of the dismissal procedure, send Information on the mass release of workers in the form given in Appendix 1 to Resolution No. 99.

• 2 months remaining before the start of the dismissal procedure, submit Information about the dismissed employees in the form given in Appendix 2 to Resolution No. 99. They provide the personal data of each employee, his average earnings, education, profession and qualifications.

The above criteria for mass participation are not dogma. Regional authorities are given the right to determine their own limits for this indicator. However, this must satisfy the main principle: the social security of employees must not be violated (Part 1 of Article 82 of the Labor Code of the Russian Federation, Clause 2 of Resolution No. 99).

When there is no widespread dismissal, the employment service can be notified once - up to 2 months before the start of the dismissal procedure (Clause 2 of Article 25 of the Law of the Russian Federation “On Employment of the Population in Russian Federation" dated April 19, 1991 No. 1032-1).

There is no official form for such notifications. You are allowed to compose a document in any form. It should mention the employee’s personal data, profession, personal working conditions, specialty, etc. From business practice it follows that personnel officers use the form given in Appendix 2 in such cases.

Notifications should be submitted to the employment office at paper media- in person or by mail.

Warning to employees about dismissal due to liquidation of the enterprise

In case dismissals due to liquidation of the organization strict deadlines have been established that the employer must meet in order to warn employees about the upcoming termination of their employment relationship. This time period should not exceed 2 months. This is done on an individual basis and necessarily against the personal signature of the employee (Part 2 of Article 180 of the Labor Code of the Russian Federation). In addition, it is necessary to notify in writing by mailing those employees who are currently on vacation (labor, pregnancy, etc.) or sick.

Pay attention! If difficulties arise with the employee’s approval of the order (absent, does not want to get acquainted, etc.), the personnel service can send him a letter by mail. The shipment is being processed by registered mail with notification of delivery. 2 months will be counted from the day on which the employee signed the receipt for receiving the letter.

The employer has the opportunity to terminate the employment relationship before the expiration of these 2 months. But this will require the written consent of the dismissed employee. In addition, in these circumstances, the employee will have to be paid compensation. It is calculated from average monthly earnings and is directly proportional to the time remaining before dismissal (Part 3 of Article 180 of the Labor Code of the Russian Federation).

To notify seasonal workers, other temporary standards are provided: the employer is given 7 calendar days (Article 296 of the Labor Code of the Russian Federation). If we are talking about persons with whom the employment relationship is valid for 2 months or less, then only 3 months are given to notify them. calendar days(Article 292 of the Labor Code of the Russian Federation).

Preparation of documents for employees dismissed due to liquidation of the organization

Termination contractual relations in the labor sphere must be accompanied by an order. When one employee is dismissed for correct drafting the order should be guided by the T-8 form, if we are talking about a group of employees - by the T-8a form. Such templates were approved by the Decree of the State Statistics Committee of the Russian Federation “On approval of unified forms of primary accounting documentation for recording labor and its payment” dated January 5, 2004 No. 1.

An enterprise can also develop its own documents for maintaining personnel records (letter of Rostrud dated 01/09/2013 No. 2-TZ).

The order should indicate the reason for termination of the employment relationship. In this case, it means that the organization is being liquidated. This area is regulated by the norm indicated in clause 1, part 1, art. 81 Labor Code of the Russian Federation. The order, in addition, must necessarily contain a reference to the number and date of the decision to terminate the company’s activities.

On the day of dismissal, the employee must be handed over the work book (Part 4, Article 84.1 of the Labor Code of the Russian Federation). Before this, the personnel service must properly prepare an appropriate record containing a link to the above-mentioned clause 1, part 1, art. 81 Labor Code of the Russian Federation. When picking up the book, the employee puts his signature on the personal card and signs in the book designed to record the turnover of work books (paragraph 3, clause 41 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

In addition to the work book, the company must issue the employee a certificate of the amount of payments for which they were accrued. insurance premiums for the previous 2 years (subclause 3, clause 2, article 4.1 of the Federal Law “On compulsory social insurance in case of temporary disability and in connection with maternity” dated December 29, 2006 No. 255-FZ). The form of the certificate is approved in Appendix 1 to the order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n.

We hand over documents for employees dismissed due to the liquidation of the organization to the archives

Documents related to both direct personnel and wages cannot be stored for less than 75 years (clause 19 of the List of standard management archival documents indicating storage periods, approved by Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558).

HR documents include those that contain information about hiring, dismissal, transfers, salaries, bonuses, and certification of employees.

After the organization is liquidated and removed from the register, the specified personnel records must be transferred to the archive (municipal or state). To do this, the liquidation commission or liquidator on behalf of the company that is terminating its activities must draw up an agreement with such an archive (clause 10, article 23 of the Federal Law “On Archiving in the Russian Federation” dated October 22, 2004 No. 125-FZ).

Results

When dismissing, you must comply with the time frame and procedure for informing employees and relevant departments about this fact. Otherwise, the company may be fined for violating labor laws (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). Penalties are provided in the range from 35,000 to 50,000 rubles. for companies and from 1,000 to 5,000 rubles. for officials.

Market relations and crisis moments in economic development often become the reason for the liquidation of a business.

The organization ceases its activities - this serves as the basis for terminating employment contracts with the entire staff of employees. The legislation regulates the issue of liquidation of an organization and the procedure for dismissing employees, as well as ensuring and observing their rights. The grounds for termination of the contract upon liquidation of the organization are prescribed in the Labor Code of the Russian Federation - Art. 77, part 1, clause 4, with reference to Article 81, part 1, clause 1.

The procedure for dismissing employees during liquidation of an organization

Dismissal when the company ceases operations should not be news to employees; they must be notified of this at least 2 months before the date of dismissal. Employees are notified personally in writing and against signature. If you refuse to sign a document, a report is drawn up. Those who are sick or absent from work are notified by registered mail with return receipt requested. The period, in this case, is counted from the moment the employee receives the letter.

• Seasonal workers – 7 days,
• Working on fixed-term contract less than two months - in 3 days.

Notification must be sent to the Labor Center regarding the release of workers. Lists of names indicating positions are submitted. The presence of a trade union body in an organization obliges the employer to notify it three months before dismissing people.

You can quit without working for two months, after the employer notifies you of the closure of the organization. The period remaining until the expiration of two months from the date of warning is paid based on average earnings. Dismissal is made upon written application in accordance with Art. 180 part 3 of the Labor Code of the Russian Federation.

Additional information

The head of the enterprise is obliged to carry out a number of actions: 1) three months before the start of liquidation, notify all necessary authorities 2) inform the employment service about the scheduled closure and dismissal of workers several months in advance 3) submit to the Employment Center a form indicating the number of dismissed employees within ten days.

An order to terminate the contract is issued on the day of dismissal of employees after two months from the date of notification of the liquidation of the organization and dismissal of employees. Workers familiarize themselves with the contents of the order and sign. Payments to those dismissed are made on the date of termination of the contract. A work book and certificates of average earnings are issued.

Payments upon dismissal

Guarantees for termination of an employment contract due to the closure of the employing enterprise consist of the payment of benefits equal to the employee’s average earnings for three months from the date of dismissal. The first month's benefits are issued to the employee after dismissal. If the dismissed employee does not find a job, benefits are paid for the second month.

The employee is given a two-week period to register with the employment center as unemployed. If he doesn't find new job with the help of the employment service for three months, then he is entitled to compensation in the amount of the average wage for all three months, this right is guaranteed by Art. 178 Labor Code of the Russian Federation, part 1.

Payments upon dismissal due to liquidation of the organization:

• Salary balances unpaid by the employer at the time of termination of the contract,
• Payment of vacation pay for the due days of annual leave,
• Payment in the amount of average monthly earnings,
• Other payments provided for by local acts of the organization.

In case of early dismissal, at the request of the employee, all due payments are saved. Benefits are not accrued if the fired person finds a new job.

1. Seasonal workers hired for a certain period are entitled to payment for two working weeks, Art. 296 part 3 of the Labor Code of the Russian Federation.
2. Workers under a fixed-term contract for less than two months are not paid compensation.

If an organization closes due to bankruptcy, then according to Article 129 of Federal Law No. 127 (dated October 26, 2002), the current dismissal due to the liquidation of the enterprise must be reported a month in advance. 2, paragraph 84.1 of Article of the Labor Code of the Russian Federation states that employees must be aware of the dismissal order, where they must put the appropriate signature.

Procedure for liquidating an organization

Liquidation of an enterprise involves the complete cessation of activities. The procedure for closing an organization occurs in several stages:

1. Making a decision and notifying the tax authority at the place of registration of the company.
2. The order appoints a liquidation commission, which takes the necessary measures for the sale of property and settlements under contracts.
3. An announcement is made to the media that the company is closing.
4. An accounting report is drawn up listing all material assets and amounts owed to creditors and counterparties.
5. Debt settlement.
6. Drawing up a balance sheet after paying off debts, distributing the remaining assets between the owners of the company.
7. The Federal Tax Service Inspectorate enters information into the Unified State Register of Legal Entities about the termination of the enterprise's activities.

Watch the video for the specifics of dismissing employees during liquidation of a company.

Employees who are entitled to payments upon liquidation of the company

Employment contracts are subject to termination with absolutely all employees without exception. Accordingly, every employee has the right to compensation payments.

1. Pensioners. The right to payments remains in in full.
2. Part-time workers have the right to compensation only in the amount of average monthly earnings.
3. Employees on sick leave and on vacation receive all payments due.
4. Women who are in maternity leave, upon dismissal due to the liquidation of an enterprise, sick leave is paid, child care benefits up to one and a half years old are paid from the Social Insurance Fund.

Any questions you may have can be asked in the comments to the article.

Liquidation of an organization - termination of the activities of a legal entity, liquidation without transfer of responsibilities and rights to other persons.

Notice of dismissal

According to, the liquidation of an enterprise for employees begins with the signing of a notice of dismissal. Management is obliged to warn employees about future dismissal in writing and in two months(Part 2, Art. 80). This also applies to those who work part-time in the organization.

The notice is drawn up in two copies. According to Article 14 of the Labor Code of the Russian Federation, the period of two months begins after the notice signed by the dismissed person. If the employee suddenly refuses to sign the notice, then an act of refusal is drawn up, which is signed by members of the liquidation commission.

During liquidation, all employees are dismissed, incl. minors, expectant mothers, those who are on vacation, on sick leave, because the organization ceases to function.

Dismissal of employees when a company is liquidated

Upon dismissal due to liquidation, the employer undertakes to pay the employee:

• salary for the days the employee actually worked in the month;
• for unused vacation - compensation;
• severance pay.

To the fired benefits are paid in the amount of the average monthly salary, followed by the preservation of average monthly earnings until he finds a job, however, no more than 2 months from the date of departure (including severance pay).

You need to say goodbye to the dismissed employee on the last day of work. If the employee was not at work on the day of dismissal, then cash he gets paid the next day after he applied for them.

When two months have passed, the dismissal is formalized. The employee familiarizes himself with the order with his signature. Afterwards, the following entry is made in the dismissed person: “Dismissed due to the liquidation of the organization, paragraph 1 of Article 81 Labor Code Russian Federation". Then it is given back on the day it stopped. If the dismissed person is not at work, then he is sent a notification about the need to pick up his work record, or agree to send it by mail. From the date of sending the notification, the organization declines responsibility for the delay in receiving its labor(84 art.).

With the consent of the employee, the employer may terminate the employment contract before two month period . Although, then another compensation is paid, equal to the employee’s average earnings, which is calculated in proportion to the time remaining before the notice period for dismissal expires.

Labor Code: liquidation of an enterprise and reduction of personnel or staff are almost the same. However, the law states that if the employer undertakes to offer the dismissed person another job that he has, that is, a vacant position. Although, when dismissal occurs due to the liquidation of the company, the employer is not obliged to do this.

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 their employees, cover up other types of reform of the company’s activities with liquidation and force them to resign due to at 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, the ultimate goal of which should be to contact the tax service with necessary package documents and exclusion of 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.”

Pay attention! 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 with 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 terminating the 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);
• the worker’s own desire (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 termination 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 time worked;
• compensation for unused vacation days;
• other payments that may be provided for by the internal documents of the organization, for example 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 provisions 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, sick leave payments are made by the Fund social insurance, 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.

Last updated March 2019

When an organization is liquidated, all employees are subject to dismissal, while employees can count on payment labor benefits, regardless of whether forced or voluntary liquidation. In this article we will describe in detail the procedure for dismissal during liquidation, describe the mechanism for notifying employees, and also consider the features of labor payments.

Dismissal of employees during liquidation: main stages

The dismissal of employees of a liquidated enterprise is one of the main conditions necessary for the termination of its activities. This process mandatory, providing for the transfer of labor payments, must be completed before an entry on the liquidation of the organization is made in the Unified State Register, that is, before the organization ceases to exist.

At the same time, absolutely all employees without exception are fired, including pregnant women, maternity workers and mothers of minor children. The law also allows you to fire employees who are on vacation or sick leave.

The dismissal procedure, which is supervised by a specially created liquidation commission, consists of several stages. Here are the main ones:

• Providing information about the planned dismissal of employees to the social employment service.
• Mandatory notification of all employees of the enterprise with which employment contracts have been concluded.
• Drawing up, signing and issuing an order for the dismissal of employees.
• Determination of the amounts of payments due to employees in connection with liquidation, as well as their subsequent transfer.
• Issuance of completed work books to all dismissed employees.

Each stage of the procedure for dismissing an employee in connection with the liquidation of an organization is strictly regulated and under control government agencies and a special commission.

The liquidation process is the same for both individual entrepreneurs and organizations, including its branches and representative offices.

Dismissal process: instructions

Procedure for notifying the employment service

The first stage of the dismissal procedure is the provision of information about the liquidation and planned dismissal of employees to the social employment service. The service is notified by submitting a written request:

• The application is drawn up and signed by the head of the liquidation commission and sent to the social service authorities 2 months before the dismissal of the first employee.
• If layoffs are widespread, the service must receive 3 months notice.

Such a notification indicates information about the registration data of the company (name, location address, INN, OGRN, etc.), the basis for the abolition of the legal entity, information on the dismissed persons (full name, position, salary, etc.).

In addition to the employment center, the organization notifies its employees (of the date of dismissal), tax office(about the launch of the procedure), creditors (about the possibility of making property claims).

How to notify employees

Notifying employees is the most painstaking stage of the dismissal procedure. This is due to the fact that during liquidation, employees belonging to socially protected groups (disabled people, etc.) and those legally protected under other conditions (pregnant women, maternity leave) are subject to dismissal.

The notification period for employees is similar to the period for informing the social service, namely no later than 2 months before the dismissal of the first employee. However, depending on the specifics of the labor relationship, there are other special deadlines:

The notification form must be in writing, which will allow in the future to avoid possible claims from both the employee and the company.

Dismissal of one's own free will during the liquidation of a company should not be at the request, insistence of the management, human resources service or external pressure, but solely at the request of the employee. As a rule, such requests from management are made in order to reduce expenses (payments upon dismissal due to liquidation), which is extremely unprofitable for the employee.

Dismissal due to liquidation of the enterprise, clause 1, art. 81 Labor Code of the Russian Federation- this is exactly what the wording should be in the work book. When an employer wants to save on payments, he offers the employee the following reasons for dismissal, which the employee can accept only of his own free will:

• agreement between the employee and the employer (clause 1 of Article 77 and Article 78 of the Labor Code of the Russian Federation).
• transfer to another organization (clause 5 of article 77 of the Labor Code of the Russian Federation);
• at your own request (clause 3 of article 77 and article 80 of the Labor Code of the Russian Federation);

Informing employees through the trade union

The process of informing employees can be carried out either through a trade union organization (if there is one at the enterprise) or directly. It should be noted that if the employer has previously informed the trade union, this gives the employee an additional guarantee of control over compliance with his rights upon dismissal. It is understood that in this case, the trade union will give the employee all the necessary explanations and advice regarding the dismissal procedure, and will also take care of the timing of dismissal, completeness and timeliness of payments.

Informing employees against signature or by mail

Modern practice shows that during liquidation, notification of employees is carried out directly, that is, a written notice is given to each employee personally. Having received the document, the employee signs it, confirming his familiarity with the test. In this case, the employee is not required to express his consent or objection. The notice is drawn up in 2 copies, one of which is given to the employee, and the second with the employee’s signature is kept by the employer.

If delivering the notice in person is problematic, the organization sends it to the employee by mail (usually at the place of registration or actual residence) by registered mail with notification and inventory. And this procedure is sufficient to consider the employee aware of the upcoming termination of the employment contract.

Confirmation of the fact that all employees have been informed are copies of notifications certified by the signatures of employees, or postal counterfoils (if the notification was sent by letter).

Example notification

The form in which the notification must be drawn up is not regulated by law. Each enterprise independently develops a notification form and in general they are of the same type. Here is an example of a typical notification:

NOTIFICATION
About the upcoming dismissal due to the liquidation of the enterprise

Head of Sales Department
Fedorenko S.P.

Dear Sergey Petrovich!

We would like to inform you that based on the decision of the members of the board of JSC "Monolit" dated 04/02/2019 No. 12, the organization will be liquidated. In this regard, the employment contract concluded with you on December 26, 2015 No. 25 is subject to termination.

After 2 months from the date of receipt of this notice, June 19, 2019 You will be dismissed in accordance with clause 1, part 1, art. 81 Labor Code of the Russian Federation.

General Director (signature) ___________________ Sviridov L.D.

I have read the notification (signature) ________________ Fedorenko S.P. 04/18/2019

After this, the employee continues for 2 months (3 months - in case of numerous dismissals) to perform his labor functions as usual and receives for this wages in the amount established by the employment contract.

However, the employee, unlike the management of the enterprise, can voluntarily terminate the employment relationship early, without waiting for the expiration of the established period. To do this, an application for dismissal is submitted according to the standard procedure.

Dismissal order and entry in the work book

The final stage of the dismissal process is the issuance of an order, making a corresponding entry in the work book, handing it over to the employee and making a monetary settlement with the dismissed person. Additional statements is not required from the employee.

As a rule, an order for the liquidation of an organization is issued strictly after the expiration of 2 months after notifying employees, in rare cases - later. Before this period, the employee cannot be fired; this fact is a violation of labor legislation.

The order is drawn up according to a single unified form T-8. Let's look at an example of such an order:

ORDER
on termination of an employment contract with an employee

Terminate the employment contract dated August 15, 2003 No. 12.

To dismiss on June 18, 2019 Sviridenko T.P., senior manager of the sales department, personnel number 814, in connection with the liquidation of the organization in accordance with clause 1 of part 1 of art. 81 of the Labor Code of the Russian Federation.

Grounds for dismissal - decision general meeting participants dated 04/02/2019 No. 13, employee notification of termination of the employment contract dated 04/18/2019 No. 310.

General Director (signature) _____________________ Soldatov K.P.

I have read the order (signature) _____________________ Sviridenko T.P. June 18, 2019

When the former employee reads the order and signs that he has read it, the personnel employee makes an entry in the work book:

Dismissed due to termination of the employment contract due to the liquidation of the enterprise, clause 1, part 1, art. 81 of the Labor Code of the Russian Federation.

Upon completion of the work book and certification of the entered information with the signature of the manager and the seal of the organization, the document is issued to the dismissed employee. If the employee refuses to read the order and receive a work book, then these actions are activated, that is, in the presence of 2 persons, the personnel officer or manager offers to sign the order and receive the book. The refusal is documented in an act and signed by the manager and 2 witnesses. The order will have legal force, and the book will be sent to the employee by mail.

Labor benefits: amount and timing of payments

An employee who is dismissed due to the closure of an individual entrepreneur or enterprise can count on:

• receiving payment for the days actually worked (including the day the dismissal order was issued);
• funds compensating for unused vacation (if any);
• The severance pay should compensate for the lack of salary from the dismissed employee in the coming months until he finds a new job, so the employer is obliged to pay:
  • 1 salary upon dismissal (average monthly earnings) on the day of dismissal
  • 1 salary for 2 months (from the date of dismissal) for the period of employment (Article 178 of the Labor Code of the Russian Federation). Simultaneous payment of 2 average monthly salaries on the day of termination of the employment contract is also allowed
  • 1 more salary can be received from the employment service if you apply immediately after dismissal (within 2 weeks) and do not find a job within 3 months. However, such an additional bonus is not available to pensioners (it does not matter whether they continue working or not).
• compensation for sick leave, travel and other expenses if they were incurred before the date the order was issued. If before the date of dismissal sick leave is not submitted to the organization, then no further compensation is due.

As for the amount of benefits, they are calculated individually in each case. Funds for actually worked time and sick leave payments are determined depending on the size of the salary and the labor protection. Travel and business expenses are compensated to the employee in full based on the provided supporting documents and advance report.

The amount of severance pay is determined depending on the category of employees to which the employee belongs:

The period within which an employee can expect to receive payment is the same in all cases - all calculations are carried out strictly on the day of dismissal, with the exception of salaries, which are paid within 2 or 3 months after dismissal during the period of employment.

Features of dismissal of various categories of employees

The head of the organization is considered dismissed on the day the decision to liquidate the organization is made, that is, on the day the decision of the board is signed (his place is taken by the chairman of the liquidation commission). It should be noted that general manager may act as the head of a specially created liquidation commission. In such a case, his duties as a director shall cease on the date of the winding up resolution. On the same day he receives the powers of the head of the liquidation commission.

As for the social categories of employees, namely pregnant women, those on maternity leave, pensioners, as well as mothers of minor children, it is worth emphasizing that the legislation does not provide for them to retain their jobs. The dismissal of such employees is carried out in accordance with the general procedure.

The employer is not obliged to fire all employees on one day; he can break this procedure down at his discretion into stages. But last of all, the administrative staff (HR officer, accountant) and the chairman of the liquidation commission are fired.

Social guarantees and subsequent employment

If you are fired due to the liquidation of the organization, do not despair. The law guarantees you social protection by providing the opportunity to register with the employment service. During the period of job search, you have the right to receive additional social benefits.

Employment services provide not only employment opportunities, but also offer various courses and trainings that allow you to obtain a new specialty or improve your skills.

Cancellation of liquidation

In a situation where the liquidation has been cancelled, the employee can choose two options at his own discretion:

• return to the enterprise, and if there are obstacles from the management, then restoration is carried out in court;
• remain in the status of dismissed, that is, do not revive the terminated employment contract.

In any case, all benefits paid remain with the employee.

1. Paragraph 3, paragraph 41 of the Decree of the Government of the Russian Federation No. 225 of April 16, 2003 “On work books”
2. Unified form No. T-8 of the Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004 "On approval of unified forms of primary accounting documentation for labor accounting and its payment"
3. Clause 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”

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