Reduction before the deadline specified in the notice. How to competently arrange dismissal in case of redundancy ahead of schedule at the initiative of the employee

Early dismissal due to staff reduction - payments and an example calculation of monetary compensation will be discussed in this article. It will also address other important issues on this topic.

Early dismissal for reduction (basic information)

Advance warning of imminent layoffs is one of the guarantees given to employees when layoffs are made. Until the expiration of the notice of dismissal (2 months), it is impossible to terminate the employment relationship - this is how it sounds general rule, enshrined in Part 2 of Art. 180 of the Labor Code of the Russian Federation. However, already in the next part of the norm, an exception to it is given: with the approval of the employee, dismissal is allowed even earlier, subject to the transfer of appropriate monetary compensation to the latter.

Employers are usually interested in the prompt conduct of organizational events, therefore, as a rule, they immediately include in the notice of the upcoming reduction a proposal to terminate the employment relationship ahead of schedule. However, situations are not uncommon in which the company does not have the desire to dismiss the employee quickly, therefore, it does not make an offer to do so, but the employee insists on early dismissal due to the reduction. The Labor Code of the Russian Federation speaks of the possibility of dismissing an employee earlier than a two-month period with the approval of the latter, therefore, in such cases, the manager has the right to resolve this issue at his discretion.

Since the employer has no obligation to satisfy the employee’s request for early dismissal for reduction, he can, in particular, offer him to file an application for a desire to quit or terminate the employment relationship by mutual agreement. True, in this case, the employee does not have the right to the sums of money provided by law for the reduced (including compensation for early dismissal).

Early termination benefits for downsizing

Employee laid off due to redundancy ahead of time, according to the law should receive appropriate compensation. It is important to understand that its payment does not imply release from the obligation to pay other amounts due to specific employees (as well as other payments that are due to all dismissed personnel).

We present everything below possible types amounts of money that are obligatory to be paid to employees laid off for redundancy ahead of time:

Compensation for early dismissal, the amount of which depends on the average salary of the employee and the number of working days remaining by the time of dismissal before the expiration of the notice period for the reduction (part 3 of article 180 of the Labor Code of the Russian Federation).
Severance pay in the amount of average earnings for 1 month (part 1 of article 178 of the Labor Code of the Russian Federation).
Payments for 2 months after dismissal, allotted by law for job search, in the amount of average monthly earnings (part 1 of article 178 of the Labor Code of the Russian Federation). Wherein severance pay is counted as the first such payment, and the next one must be made provided that even in the 2nd month after the reduction, the employee still has not found new job and confirmed this with the help of a work book.
Payment for the 3rd month of finding a suitable job, if the conditions for timely application to the labor exchange and the absence of the fact of employment for the 3rd month after dismissal are met (part 2 of article 178 of the Labor Code of the Russian Federation). To receive payment, an employee must present a certificate from the labor exchange.
Compensation for paid rest, the days of which were not used by the employee (part 1 of article 127 of the Labor Code of the Russian Federation).
Amounts unpaid on the day of dismissal related to wages.
Other amounts due to the employee in accordance with the conditions labor contract or collective agreement.

All payments listed are made at the expense of the company and must be made on the last day of the employee's work (the only exceptions are paragraphs 3 and 4). If this is not possible, then payment must be made no later than the day following the request by the dismissed person (part 2 of article 140 of the Labor Code of the Russian Federation).

There are no specific deadlines for paying average earnings for the time during which the dismissed person is looking for a job, so the employer can make them at any time within 2 (when applying for the 3rd payment - 3) months from the date of dismissal.

An example of calculating compensation for early dismissal

For clarity, consider an example. Suppose the employee was notified of the reduction on 09/30/2016. The termination notice in this case expires on 12/01/2016, but he agreed to resign on 11/04/2016.

First, you need to calculate the average earnings of the dismissed employee per day according to the rules of the regulation on average earnings, approved. Government Decree No. 922 dated December 24, 2007 (hereinafter referred to as the Regulation). For this:

We define billing period in accordance with paragraph 4 of the Regulations. In our case, this will be the period from 11/01/2015 to 10/31/2016, that is, 12 months (calendar, from the 1st to the 30/31st) preceding the dismissal.
We count the number of working days in the period. It is necessary to focus on the work schedule in the organization. Provided that a 5-day working week was established for this employee with days off on Sunday and Saturday and he did not work only on all-Russian non-working and holidays, for the billing period was 246 working days.
We calculate the days worked (clause 5 of the Regulations). Suppose that for the billing period of 3 working days the employee was sick, and 28 was on vacation. Thus, out of 246 days, only 215 are considered worked.
We determine the basis for calculating compensation in accordance with paragraphs. 2-3 Regulations. Suppose that for the billing period the employee was accrued 430,000 rubles, of which the salary is 400,000 rubles, vacation pay - 27,000 rubles. and sick leave payments - 3000 rubles. The base in this case is 400,000 rubles. (Other payments are not included).
We calculate the average earnings per day by dividing the base by the number of days worked. In our case, the average daily earnings will eventually amount to 1860.47 rubles.

Compensation is then calculated by multiplying the average daily earnings by the number of working days remaining before the termination of the termination notice. For the period specified in the example from 11/05/2016 to 11/30/2016 there will be 18 working days. Thus, by multiplying 1860.47 rubles. on 18 we will receive a compensation amount equal to 33,488.46 rubles.

Offering vacancies to early dismissals

The Labor Code of the Russian Federation obliges the employer, until the moment of dismissal, to offer the reduced vacancies where they can work, taking into account qualifications and health indicators (part 1 of article 180). It is possible that an employee gave written consent to early dismissal, but in the period before the dismissal, suitable vacancies appeared. Is the employer obligated to offer them?

Judicial practice on this issue contradictory. Thus, the appeal ruling of the Moscow City Court dated February 26, 2013 in case No. 11-6190/2013 indicates that the employee’s consent to early reduction indicates his intention to end the employment relationship with this employer, and not move to another position. Thus, the employer is not obliged to offer such an employee a job. Other courts proceed from the fact that the Labor Code of the Russian Federation does not make any exceptions for employers in the performance of the obligation in question (appeal ruling of the Krasnoyarsk Regional Court dated June 19, 2013 in case No. 33-5018 / 2013).

Conclusion: due to the lack of a provision in the law on the optionality of offering vacancies to early dismissed employees, and also taking into account the controversial judicial practice it is still recommended to offer such employees suitable job up until the moment of their dismissal.

How to get laid off early

The law does not establish a specific method for registering early dismissal in case of reduction. It is only indicated that the consent of the employee must be in writing.

It can be obtained in different ways:

conclusion of a written agreement;
by putting a note of agreement with early dismissal on the notice of the upcoming reduction;
by filing an application by the employee, etc.

The dismissal procedure itself takes place in the general order: an order is issued, an appropriate entry is made in the work book, etc.

An employee who agrees to an early reduction can be fired even on the day he receives a notice of reduction. True, the employer must be ready on the same day to fully pay off the dismissed person, since otherwise Art. 140 of the Labor Code of the Russian Federation, and for this the employer may be held civil and administratively liable.

Let's summarize: in order for the employer to be able to make an early dismissal of the employee without problems, he needs to pay all the amounts due to the dismissed person in full and on time. It is also important not to neglect the rule of offering suitable vacancies up to the day of dismissal.

Downsizing and downsizing is necessary procedure which is increasingly practiced in large organizations. In case of early dismissal, the employer pays monetary compensation. Thus, the employee can quickly start looking for a new job without remaining in debt (like a foreman, with a terminated contract).

Termination of the employment contract in case of staff reduction at the initiative of the employee

The legislation of the Russian Federation obliges managers to conclude employment contracts when hiring employees. The document provides for the obligations of the parties - the employer must pay wages in a timely manner and provide working conditions. In turn, the employee is required to comply with the internal regulations of the enterprise and perform work in accordance with job description. The employment contract ensures the legitimacy of the business relationship. In addition, the signed agreement guarantees that the employer will not be able to dismiss the employee without good reason, and the employee will not go to work, thereby causing losses to the company. A business contract can only be terminated in accordance with articles Labor Code RF and after the employer issues an order to terminate the employment contract.

The grounds for termination of an employment contract may be the following:

By agreement of the parties - if the employee and the employer mutually wish, it is possible to terminate the business relationship by signing a contract to terminate the TD. At the same time, the rights of the parties should not be infringed;
At the initiative of the employee own desire to stop working, due to personal or family circumstances;
Due to circumstances beyond the control of the parties - for example, the liquidation of an enterprise or a medical report on the state of health of an employee, in connection with which the continuation labor activity becomes impossible;
Expiration of the employment contract if an urgent TD is concluded;
At the initiative of the employer lateness or other violations of discipline may lead to the termination of the employment contract and the collection of a fine. In addition, there are the following reasons for dismissal of an employee:

inconsistency with the position held;
lack of qualifications;
repeated violations committed at work;
failure to fulfill obligations;
absence from the office for more than 4 hours in a row;
downsizing or downsizing.

Reducing the number of employees is a way to optimize the company and prevent unwanted losses. In some cases, the department may be reduced only because there is no longer a need for employees. In any case, such an initiative of the employer is legal and regulated article No. 180 of the Labor Code of the Russian Federation.

Downsizing implies exclusion from the list of an enterprise employee, position or even department. The head informs about this personally, two months in advance. The employee has the right to look for a new workplace and even quit early. Atearly termination of the employment contract, the employer is obliged to pay material compensation to the employee in the amount of a monthly salary.

Before the events, the initiator of the dismissal can be both an employee and the head of the organization. In addition, the parties may come to a general agreement on early termination of the contract upon reduction. For this, a contract is drawn up in two copies. On the day of dismissal, the employee is paid wages and compensation. Cancel contract of employment at the initiative of the employee, it is possible on the basis of an application. Reason for leaving - own will.

Statement

In case of early dismissal of his own free will, the employee must notify the employer 2 weeks in advance.

The application must contain the following information:

date of receipt of the notice of redundancy;
a list of proposed vacancies that the employee refused;
reason for early termination.

At the same time, the employee must also indicate that he is applying for due payments, otherwise it will be considered as a waiver of the legal right to compensation. The employer is obliged to sign the application and issue an appropriate order. On the day of dismissal, the employee is paid wages and severance pay. The work book is handed out.

Download a sample application for early termination of an employment contract with a reduction from the link.

How to terminate an employment contract at the initiative of the employer?

Downsizing is a legal way to fire an employee. In this case, the employer must follow the established procedure. An improperly executed redundancy termination may result in the employee having to be reinstated, compensated and forced absenteeism, resulting in both parties suffering. In order to prevent this from happening, it is necessary to follow the legal procedure:

draw up an order for the upcoming reduction in staff;
notify employees in writing 2 months in advance (against signature);
offer a vacant position or other work that matches the qualifications of employees;
the employee, in turn, has the right to accept the offer or refuse. Any decision is confirmed by a written document;
issuance of an order to reduce staff with a list of names of employees;
termination of the employment contract and the official dismissal of employees.

If termination initiator The TD is an employer and is responsible for paying compensation to all laid-off employees, in the amount of the average monthly salary, as well as severance pay.

The employer has the right terminate early labor contract with a downsizing worker if he agrees. The procedure for dismissal occurs in the same order. The head of the company is obliged to notify the employee in writing. In this case, it will be necessary to pay compensation for the expected period of work before the reduction.

According to the law of the Russian Federation, some employees have privileges in case of staff reduction. You must provide a job:

pregnant women;
persons whose income is the only one in the family;
disabled people;
veterans;
workers who have suffered an occupational injury.

notification of the upcoming reduction in staff, a link to the order;
date of termination of the employment contract;
list of vacancies;
due payments;
calculation method;
conditions for early dismissal at the request of the parties;
compensation amount.

In addition to the order, employees are sent ordered letter With notice, or handed over personally, against signature. The document must be drawn up by the head of the organization or a responsible person.

Download a sample notice to an employee about layoffs

Order

When a decision is made to reduce staff, the head of the organization must draw up an order and bring it to the attention of employees. The document is published 2 months before the upcoming dismissal. Termination of employment and termination of contracts occurs only if the employees refuse the offered vacancies, while the employer pays compensation and severance pay, in accordance with TK RF.

The redundancy order contains the following information:

Title of the document, serial number, publication date;
the reason for the downsizing;
date of termination of the employment contract;
a list of employees and positions that have been made redundant;
list of vacancies;
date, signature of the head, seal of the organization.

The document is brought to the attention of each employee against signature. The data of the order, in the future, will be entered in the work book.

Download the form of the order to terminate the employment contract

What payments are due?

Three days before the upcoming dismissal, the employee is supposed to pay:

wages for hours actually worked;
premium;
overtime for work on weekends or holidays;
monetary compensation for unused annual paid leave.

In addition, in case of staff reduction, severance pay , in the amount of the average monthly salary. Some employees are required compensation for early termination of the employment contract. This payment is calculated based on the date the employee leaves, for example, 1 month before the upcoming reduction. In this case, the employer is obliged to pay compensation for the remaining period of 30 days.

How to challenge the termination of an employment contract during a reduction?

The dismissal of an employee is always formalized with reference to the articles of the Labor Code of the Russian Federation. Violation of rights entails administrative liability.

An employee has the right to apply to the court if:

an incorrect reduction procedure was followed;
an early termination agreement was signed under duress;
the employee was not informed about the vacancies or was not compensated.

In these cases, it is necessary to contact the state executive bodies or the Labor Inspectorate. The limitation period for a case is 1 month. During this time, it is required to provide the court with all the facts of violation of the employment contract. If the claim is satisfied, the employee is reinstated at the workplace, and the employer undertakes to pay forced absenteeism.

Persons whose positions are being abolished. The employer must do this 2 months before the dismissal. He does not have the right to reduce the warned contingent ahead of the indicated period, but he may be interested in their offer of early dismissal with the payment of additional benefits, of course, while retaining the right to all payments due to the reduction. Art. 180 of the Labor Code of the Russian Federation regulates the early reduction of an employee before the expiration of the warning period. Let's talk about the nuances of such a dismissal.

Legal basis

Art. 180 of the Labor Code allows the employer to terminate the employment relationship with the employee before the expiration of the termination notice period, provided:

the written consent of the employee;
payment of average earnings for the days remaining before the term of dismissal specified in the warning.

Art. 180 of the Labor Code assumes that the proposal for early redundancy comes from the employer and does not contain a direct indication of the possibility of the employee taking the initiative to terminate labor relations, but does not prohibit this either. Therefore, the employee can state his proposals to the administration in a statement addressed to the head, or agree with the proposal of the employer, which is much more common in practice.

Application for early redundancy: sample

The application (consent) of the reduced employee can be in the form of:

a conciliatory inscription directly on a letter containing the conditions for early dismissal from the employer. For example, “I agree to early dismissal to reduce staff with the payment of all compensation and benefits. Full name, date, signature;
a separate application for early dismissal upon reduction.

Such a statement is addressed to the head, it must contain all the necessary information:

Name and position of the applicant;
the text of the application - confirmation of consent to dismissal before the end of the warning period;
date and signature.

Here is an example application form:

The head, having read the application and signed it, sets the date of dismissal, since, nevertheless, it is he who has been given the right to cancel the employment relationship. Those. he has the right to agree or disagree with the determination of the date of dismissal by the employee. The law does not comment on this circumstance in any way; the date of dismissal can be any day in the two-month period indicated in the warning.

Note that the application form in the proposed form of consent to early dismissal is most preferable, since a petition coming from an employee and written in a different vein can be regarded as a dismissal of one's own free will. In this case, the right to receive additional compensation payment by the employee is lost.

On the basis of the written consent of the employee, an order is issued for dismissal before the expiration of the notice period for the reduction, based on the data of which the accountant makes the final settlement.

Early redundancy payments

Like all other employees who have fallen under the reduction, early dismissals are entitled to receive:

salaries (with all bonuses and incentives) as of the date of dismissal;
severance pay in the amount of average monthly earnings (or a payment approved by industry agreements in force in the company). Also, for the duration of the job search (no more than 2, and in exceptional situations 3 months), the employees retain the average salary, including the paid severance pay.

In addition, early dismissals are entitled to additional compensation in the amount of the average monthly salary, calculated in proportion to the time remaining until the date of dismissal specified in the warning.

It is calculated by multiplying the amount of average daily earnings by the number of working days remaining until the date of dismissal indicated in the notice.

The obligation of the employer is to pay all due amounts (except for the saved salary for the 2nd and 3rd months of the job search) on the day of dismissal.

An example of payments for early dismissal in case of staff reduction

An employee of the company Ilyin P.B. warned about dismissal due to the reduction of the company's staff on April 20, 2018. The administration of the company suggested that he not wait for the date of dismissal (June 20, 2018), but agree to an early reduction on April 30. Based on his written application, the employment contract was terminated.

Salary of Ilyin P.B. - 46,000 rubles. per month. Leave is fully used. In addition to salary (46,000 rubles for April) and severance pay (46,000 rubles - average earnings), he needs to pay additional compensation for the period from May 1 to June 20, i.e. for 32 working days remaining before the official reduction date . We will make the calculation under the condition of a fully completed billing period. It is 247 days.

Average daily earnings: 46,000 x 12 / 247 days = 2234.82 rubles.

Additional payment amount: 2234.82 x 32 days = 71514.24 rubles.

The total amount of accrued payments on the day of Ilyin's dismissal: 46,000 + 46,000 + 71,514.24 = 163,514.24 rubles.

state…

Question for a lawyer:

Hello! I received a warning from my employer about the upcoming dismissal due to staff reduction, the date of the reduction of my position is 3 months after receiving the notice. I would like to quit on a reduction (clause 2, part 1, article 81 of the Labor Code of the Russian Federation) ahead of the deadline. What should be my actions in order to properly complete this procedure and receive all the payments due to me!

Lawyer's answer to the question: early dismissal on layoffs
Negotiate with the employer about early dismissal. According to part 3 of Art. 180 of the Labor Code of the Russian Federation, the employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.
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Lawyer's answer to the question: early dismissal on layoffs
If you quit before the notice period, the employer has the right not to fire you on the grounds of clause 2, part 1, article 81 of the Labor Code of the Russian Federation and pay severance pay for reduction, but simply dismiss you in accordance with 80 of the Labor Code of the Russian Federation. This procedure is not provided for in the Labor Code of the Russian Federation. Negotiate with the employer. Perhaps he will agree to dismissal under Article 78 of the Labor Code of the Russian Federation by agreement of the parties with the payment of a severance pay in the amount established by Article 178 of the Labor Code of the Russian Federation.
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A decrease in the number of employees in an organization can be caused by many reasons, but compliance with the procedure for the reduction of staff established by law must be strictly observed. Let's analyze in this article important point in the reduction procedure: how much notice should be given about the reduction, and whether this period can be reduced.

Deadline notice period

The period that must elapse between the official warning of the employee about the reduction in staff and the dismissal itself cannot be arbitrary. The duration of this period is prescribed at the legislative level, namely, in article 180 (part 2) of the Labor Code (Labor Code of the Russian Federation). How many days in advance of the reduction depends on the status of the employee. So, for citizens working in an organization under an employment contract on a permanent basis, this period is 2 calendar months.

a notice of dismissal to reduce the staff of seasonal workers must occur at least 7 days in advance (Article 296, part 2 of the Labor Code of the Russian Federation);
the minimum notice period for temporary employees who have concluded an employment contract for a period of 2 months or less is 3 days (Article 292, part 2 of the Labor Code of the Russian Federation).

The countdown of the duration of the period between warning and dismissal begins from the day following the presentation of the notice. For example, if an employee was notified of the reduction on June 1, then he can be fired only on August 2. It should be borne in mind that the starting point of the notice is not the date the employer signed it, but the date the employee actually familiarized himself with it.

Therefore, if the employee is not at the workplace at the time of issuing the notice of dismissal, then he can get acquainted with it only when he goes to work. Therefore, the validity period of the notification will begin only from the day following the date of signing the document by the employee. If a citizen is on vacation, the employer has the right to call him back from vacation to familiarize himself with this document. If this option is not possible, the employer may send a notice to the employee by mail with acknowledgment of receipt.

Additional Information

According to Art. 180 of the Labor Code, the employer personally warns each dismissed employee about the upcoming reduction or liquidation of the enterprise two months in advance. The Rules of the Constitutional Court dated September 24, 2013 No. 1246-O state that a 2-month period is considered the minimum. By warning the employee in advance, you can help him with a more favorable subsequent employment.

It happens that a citizen does not want to sign a notice of dismissal to reduce staff. The situation can be resolved by the presence at the procedure of familiarization of the employee with the notification of two witnesses, who then must sign a special act on the fact of familiarization that has occurred.

The action of the notification cannot be interrupted, even if the dismissed employee is on vacation, on sick leave, or does not work due to the downtime of the enterprise (Article 72.2 of the Labor Code of the Russian Federation).

The dismissal must take place on the day specified in the notice, otherwise the dismissal procedure may be declared illegal. An exception may be situations when the employee was on sick leave or on vacation that day. If the citizen was not at work for other reasons, then the dismissal should take place in his absence.

The employer can change the term of the notice of dismissal only in big side, he has no right to reduce it. Early dismissal due to staff reduction can occur only at the initiative of the dismissed employee (Article 180, part 3 of the Labor Code of the Russian Federation).

Reduction notice

Notice to the employee of the upcoming dismissal must be given to him in writing. After reading the document, the employee must sign and indicate the date of signing. This is necessary to determine exact date layoffs.

The notification is an official document, therefore it is registered in a special register. The document must contain the following information:

Name and position of the dismissed employee;
details of the organization, position and full name of its head;
the basis for the reduction with reference to the relevant document, for example, an order for the enterprise;
indication of vacancies for the dismissed employee, if any;
signature of the person authorized to sign documents of this kind;
employee's signature;
date of preparation of the document;
the date the employee received this notice.

It is worth knowing that, according to the law, upon reduction, employees are paid severance pay in the amount of average earnings, which goes towards the first month after the dismissal, and at the end of the second month it can be paid if former employee has not yet managed to get a new job and can confirm this by providing a work book without a corresponding entry.

Early layoff at the initiative of the employee

The Labor Code of the Russian Federation (Article 180) provides for the possibility of early dismissal initiated by the reduced employee, with the payment of monetary compensation to him for the period remaining before the expiration of the appointed period.

In order to leave early without waiting for the notice period to terminate when layoffs occur, an employee must file a respective application with the employer. This document must contain:

legal name of the organization;
Full name and position of the employee who wants to receive the calculation;
motivated request for dismissal due to staff reduction. It is economically more profitable for an employee to quit according to the wording “Due to a reduction in staff” than “At their own request”, because in this case he will receive all the compensatory cash payments required by law. You can read more about this in last section this article;
notification that the employee was offered certain vacancies, which he refused;
the date of the proposed dismissal;
a request for the payment of all amounts due by law;
the signature of the employee with a transcript and the date of preparation of the document.

Based on the norms of the Labor Code of the Russian Federation, the employer may decide to satisfy the request of his employee, or may refuse him.

The procedure for early dismissal

Some facts

employee according to Art. 80 of the Labor Code, upon dismissal of his own free will, he can withdraw the application until the notice period has expired, if his position was not provided documentarily to another person in the transfer order. The right to return the application is also assumed for the employee's application for early dismissal due to staff reduction or liquidation of the company.

Dismissal is a procedure that requires compliance with the Labor Code and a certain procedure. Failure to comply with any procedural step may result in the employee challenging the unwanted dismissal in court.

Consider all the stages of the early dismissal procedure in case of staff reduction:

the organization issues an order from the employer to reduce staff units;
the personnel department forms a list of job cuts;
dismissed employees are issued individual written notices signed by the employer;
laid-off employees are familiarized with the notice of dismissal against signature. If the employee refuses to sign the document, a special act is drawn up;
reduced employees are offered job vacancies, if any;
if the employee wishes to leave early, then at this stage he submits an application for his decision to the employer;
then the employer decides to satisfy the request of the employee;
with a positive decision of the employer, an order is issued to dismiss the employee and to carry out a full calculation of this employee by the accounting department;
the employee receives a calculation and a work book with a record of dismissal.

About the staff reduction procedure in detail in the video below

Reduction payouts

An employer, dismissing an employee to reduce staff, in accordance with Art. 84.1 of the Labor Code of the Russian Federation, is obliged to pay him the following amounts:

unpaid wages at the time of dismissal;
severance pay in the amount of average monthly earnings (Article 178 of the Labor Code of the Russian Federation);
compensation for unused vacation or parts thereof;
allowance for the period of new employment within 2 months in the amount of wages. If the dismissed employee registers with the employment service within 2 weeks from the moment of dismissal, and they do not find a job there, then the employer, at the request of this service, is obliged to pay this benefit to the dismissed citizen for one more month;
compensation payment in case of voluntary early dismissal of an employee. Compensation is calculated by the formula: average daily earnings multiplied by the number of days remaining until the notice period expires. Average earnings calculated on the basis of the amounts earned in the last 12 months.

If a citizen, during the period when he received severance pay, has already found a job for himself, but at the same time has not formally registered in it, the right to severance pay remains with him.

In the first month, the size of the severance pay is commensurate with the average monthly earnings of the dismissed employee. Payments for the second month are made differently - according to the number of working days in this month, multiplied by the average salary for 1 day.

These payments, with the exception of the allowance for the third month of the job search, must be made on the last working day of the employee in this organization. If the citizen was absent from the workplace on that day, then the accounting department of the enterprise is obliged to settle accounts with him no later than the next day after the employee submits a claim for payment of the amounts due to him.

It is worth noting that if an early dismissal was initiated by an employee, then he is not entitled to severance pay.

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