In connection with its liquidation. Dismissal in connection with the liquidation of the organization

One of the legislative grounds for the dismissal of employees on the initiative of the employer is to terminate its activities, that is, the liquidation of the enterprise. It may be associated with its insolvency or bankruptcy.

After making a decision on the liquidation of the enterprise, it is necessary to solve many related organizational issues, including issues on the termination of employment contracts with employees. At the same time, it is important to correctly arrange the necessary documents and pay relying compensation, observing all the rights of employees.

Only if the liquidation really takes place, the dismissal of employees is legitimate. If, for example, the enterprise began this procedure, but did not complete it, while he has time to dismiss employees, by the court decision they can again be restored in previous positions.

Dismissal during liquidation does not contain any exceptions or individual conditions relative to particularly protected categories of persons. In its process, minors, and pregnant women, and lonely mothers, no special permission from other organs will be required to be dismissed.

With this form of dismissal, it is important to comply with the correct sequence of actions - this will help to avoid a multitude of negative consequences. This procedure begins with the notification of the relevant authorities.

Employment Service

The first body, which should be notified of the impending liquidation and dismissal of employees is the employment service. At the same time, it is important to comply with the following requirements:

the notification period is at least two months before the planned liquidation;
the form of notification is free, it is drawn up in writing (a typical form can be found in the offices of the employment service);
in the notification itself, you must specify the basic information about each dismissed employee: his position, specialty, wage terms, qualification requirements.

If, according to a sectoral, territorial agreement or general rules, the dismissal of workers is considered massive, then the minimum time notice of the employment service increases to three months before the start of liquidation.

The fulfillment of this duty was established by law, for its violation applies administrative responsibility in the form of a fine - from 3 to 5 thousand rubles. Organizations and from 300 to 500 rubles - officials.

Trade union organ

The following structure, which should receive a notice of impending liquidation is a trade union. At the same time, the legislation is consolidated to notify it only with the condition if the dismissal is considered mass. The term, as in the previous situation, will be three months before the planned dismissal.

The remaining requirements are the same - the written form of notification and the absence of a legislatively established sample. Therefore, it is possible to make it arbitrarily or in accordance with the same typical form that was used for the employment service.

Notification of employees

Workers who need to dismiss, have the right to learn about it no later than two months before the event. The beginning of this term is to provide notification about the dismissal employee. At the same time, he may be quitting before, having received monetary compensation for the remaining days from two months.

Confirmation that the employee familiarized himself with the notification of dismissal, will be his signature under this document. One instance of the notification remains at the employee, and the second must be stored in the organization. The form of the document is also arbitrary.

Sample dismissal notification due to liquidation

if the employee performs seasonal work, then it must be notified a week before dismissal;
if the term of the employee's employment contract is less than two months, then he must learn about the dismissal for three calendar days.

If the employee is absent in the workplace (for example, it is on vacation, a business trip or is sick), it should still be hired and also to include a notice or send a notice by mail by registered letter with the description of the attachment and notification of the presentation. With the failure of these conditions and the absence of notification, the employee has the right to apply to the employer to the court.

If the worker himself refuses to sign a notification, then this fact needs to be the act. This document will record the notice and disagreement with him, which is additionally confirmed by the signatures of two witnesses. In this case, the countdown of the established two months begins from the day the compilation of this act.

Sample Act on Failure to sign a notice of liquidation

Registration of the necessary documentation

The main document, which is issued in this case is an order to terminate the employment contract. Its form () approved legislatively, and it must be published after the established two-month term after informing employees.

With the order, as well as with the notice, all employees of the enterprise should be familiar with the signature. If someone cannot or refuses to do this, then the document needs to make the appropriate mark.

After procedures with the order, you need to make certain entries and workbooks of workers. Their formulation should exactly repeat the provisions of the Labor Code or the relevant law and contain a reference to a specific article-foundation, part of it and item.

The labor book decorated for all the requirements and all relying payments worker can pick up on his last working day, which is at the same time the day of dismissal.

Sample record in the employment record when liquidation of an enterprise

Payments that employees rely

By the number of obligatory payments from the employer refers:

The salary accrued on the general reasons (that is, for actually spent time).
Compensation for all days of unused vacation is both for basic and additional, and this applies to each year of work.

The calculation of this payment occurs by multiplying the number of days of vacation, which the worker has not fucked, and its average earnings in one day. The opportunity to get full vacation (that is, a duration of 28 days) appears from workers only after 5.5 months of the working year, in this case compensation will also be complete. Under other conditions, the amount will be proportional to the number of worked months.

If for the current year the employee was used by his right to leave, then compensation does not rely on him.

Output benefit - its size is equal to the average earnings of the employee for the month. The purpose of this payment is to provide an employee of the possibility of a new employment, and it happens regardless of whether he found another job or not.
For the period of subsequent employment, the employee must receive two average earnings per month.
In case of early dismissal, additional compensation is also provided, for all days remaining until the expiration.
If an employee for two weeks after dismissal was unable to find a job with the employment center (which is displayed in the appropriate reference), then the salary is assumed in one month of work.

In the latter case, the exception can be pensioners - since their social protection by the state and is so ensured by paying a pension, they should not put them on accounting in the employment center. However, if this happened, and this body issued a certificate of unemployed, the company will be obliged to pay a pensioner's former employee wages for the third month.

The established methods for calculating the output benefit may be changed (but only in the most part) provisions of labor or collective contracts of a particular enterprise.

Taxation

Compensation payments to employees when calculating income tax, the employer has the right to attribute to pay for labor. In addition, these payments are exempt from paying the following taxes:

from income tax (that is NFFL);
from insurance premiums against industrial accidents and tradeboles;
from pension insurance contributions.

For the delay in all relying payments in the employer will be further charged also to the penalty - for every overdue day payments to the amount of debt will be accrued to the percentage (at the established refinancing rate). These payments will no longer be considered expenses for labor, but they will also be released from all of the above taxes.

Other payments

If at the time of liquidation or within a month after it, an employee fell ill, then he will receive a manual for temporary disability, he will not receive at the place of its work, but in the FSS authority. Its payout will occur for 10 days from the date of all necessary documents (statements, hospital, certificates from the place of work and documents on insurance experience).

During the year after dismissal on the occasion of the liquidation of the enterprise, a former employee has the right to receive maternity benefits. To do this, she needs to be registered in the employment center, and within 10 days from the date of submission of documents, social protection authorities must pay benefits. Its size is established by law for each year, and in 2015, with regard to indexation, is 543 rubles.

Elimination of the organization - completion of legal entities, liquidation without duties and rights to other persons.

Warning of dismissal

According to the liquidation of an enterprise for employees begins with the signing of a notification of dismissal. Prevent workers about the future dismissal management is required in writing and in two months (Part 2., Art. 80). This applies to those who work in a part-time organization.

Notification is drawn up in two copies. Under Article 14 of the Labor Code of the Russian Federation, the term of two months originates after signed by the dismissal notice. If the employee suddenly refuses to sign the notification, then the act of refusal is drawn up, which is signed by members of the Elimination Commission.

In the liquidation, all employees are fired, incl. Minors, future mothers, those who are on vacation, on sick leave, because The organization ceases to operate.

Dismissal of employees when enterprise elimination occurs

When dismissal, which occurred in connection with the liquidation, the employer undertakes to pay the employee:

salary for the days that the employee actually worked in the month;
for unused vacation - compensation;
output benefit.

Dismissed payment allowance in the amount of average salary for the monthBehind him is to preserve the average earnings for a month while it is not employed, however, no more than 2 months from the date of departure (with a testing of the day off).

With the dismissed employee you need to "say goodbye" on the last day of work. If a official on the day of dismissal was not at work, then the cash is paid to him the other day After he addressed them.

When two months are held, then dismissal is issued. With the order, the employee is taught under the painting. After entered in the dismissed post: "Fired due to the liquidation of the organization, paragraph 1 of Article 81 of the Labor Code of the Russian Federation." Then she is given a day when it stopped. If the dismissed is not at work, he is sent to him notice of the need to pick up his work, or give consent to sending it by mail. From the day of the message of the notice, the organization removes responsibility for the delay in obtaining his labor(84 Art.).

With the consent of the employee, the employer may terminate the employment contract before passing a two-month term. Although, then another compensation is paid equal to the average earnings of the employee, which is calculated in proportion to the time that remains until the duty notification period is passed.

Labor Code: elimination of the enterprise and the reduction in the number or staff is almost the same. However, the law states that, with the employer, it undertakes to offer the dismissal work that he has, that is, a vacant position. Although when dismissal on the liquidation of the company comes, the employer does not undertake this.

The liquidation of the organization is strictly regulated by. It should clearly comply with not only the rules and conditions for termination of activities, but also dismissal in connection with the liquidation of the organization of employees. So, at the initial stage, the leaders of the enterprise for 3 months Must notify the trade union about the intention to stop their activities.

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During 10 days After the dismissal of all employees put on records of the employment center. Other rules for dismissal applies to employees.

Calculation standards

Depending on the status of the employee, certain rules of dismissal applies, where not only order may differ, but also the calculation of payload payments.

General order

As mentioned above, dismissal when liquidating the organization begins with the notification of the trade union staff, which is carried out for 3 months. A month later, it is necessary to notify all the workers, distributing them the relevant letters. At the same time, a notification letter is sent about the upcoming dismissal of employees to the employment center.

At the designated period of liquidation, employees are calculated, taking into account the average monthly salary. Dismissed employees later during 10 days Should come to the employment center for registration.

Until complete liquidation prepares a certain package of documents:

order of reducing positions;
notifications of the upcoming reduction of employees;
a form that includes information on the upcoming massive reduction in connection with the full liquidation of the enterprise.

Separately consider the procedure for the dismissal of the company's managers. Usually, the director itself and accountant are in this list. In the period of unauthorized liquidation, managing the management company or a foreign person. In the case of bankruptcy, the Arbitration Manager is appointed to the place of the manager.

From the above process, it becomes clear that the head of the organization is also discharged, and almost primarily. In the case of further reorganization of the company, since a new general director is appointed in the new company in accordance with the current legislation.

The head of the former enterprise adds authority and claims the same payments as the reduced staff

Categories of employees

How there is a reduction in managers when liquidation is clear - there are practically no "individual" situations. At the same time, not all employees are subject to unquestioned reduction.

There are certain categories of people in which general rules apply partially - the head can fire, but is obliged to provide them with employment.

Among such employees, the following categories can be distinguished:

Pregnant and women with a child under 3 and 6 years. Before 3 years old The age of the child is usually on maternity leave. With a child from 3 to 6 years And the need for home care should be submitted to the appropriate medical conclusion.
Mother single with baby under 14 years old or disabled. In the category of mother's mother, includes:
- unmarried woman with a birth certificate for a child in which the father is not specified or there is an appropriate entry set at the request of the mother;
- widow;
- divorced women raising a child (the condition for the presence of alimony from the former husband is not taken into account).
Lone fathers (even if the child's mother is long-term treatment), as well as adoptive parents and guardians.
Minors employees - from 14 to 18 years. Here it is necessary to work with the staff of the Children's Services, having received their consent.

Notifications and records in labor. Book

Employees should be notified of the upcoming reduction due to liquidation no later than 2 months before the procedure. Notification occurs in writing.

If the employee went to work on an employment contract only 2 months, it must be warned for 3 days Before cutting. "Seasonal" staff is notified in the week.

When dismissing, each employee is charged the output allowance and on the last working day they give the employment record with an appropriate record - referring to an article in the Labor Code. In the presence of an employment contract with an employee, 1 "was dismissed in connection with the termination of the employment contract due to the liquidation of the enterprise."

It happens that employees are not for the workbook on the day of dismissal

In this case, the organization's leaders carry out the following actions:

send a notification about the need to appear and get a labor book;
make sure the employee's resolution to send a document by mail;
in the absence of permission to draw up an act of refusing an employee to get a labor book and make an appropriate note in the book of accounting.

In the latter case, the Labor book also indicates Art. 81 Paragraph 1, but the text has differences - "dismissed in connection with the liquidation of the organization."

Nuances of dismissal in the liquidation of the organization

There are certain dismissal nuances in the liquidation of the organization. Some of them were presented above. Now one should consider private cases.

Standard for workers

Standard situations are carried out in the sequence:

the employment center receives a notification of mass dismissal due to the liquidation of the organization;
at the same time, the notification receives employees themselves;
next, the orders are taken;
gradually, payments are made in accordance with the TC RF;
the personnel department draws up working records, pointing to each of them the reason for dismissal;
there is a issuance of documents to employees;
the employment center once again receives an official notice of the mass dismissal;
during 10 days The dismissed employees are registered with the Employment Center.

Private cases

There are special cases of dismissal of workers due to the elimination of the organization, where certain categories of citizens are taken into account:

Dismissal pensioners	It occurs in the same sequence as the dismissal of the "standard" employees. Despite the presence of a pension, a former employer, as well as the employment center, is obliged to pay the day off for 3 months. The slightest disorders can be considered in court.
Dismissal of pregnant and women in maternity leave	Here is a distinctive payment for the manuals: if a woman is pregnant, but has not yet left for a maternity leave, her child care benefits will be paid to social protection authorities, where she should contact immediately after dismissal; if the woman went to the decret, but her benefits were still not calculated by the employer, payments are accrued as 40% from average earnings for 12 last months; if a woman was on maternity leave, her previously calculated benefits are not recalculated, even if they are starting to convince the staff of the personnel.
Dismissal of executives	The exact procedure does not exist. It is assumed to match the overall sequence of dismissal. The exact conditions are determined at the meeting of the liquidation commission or founders of the company. In the absence of founders or liquidation commission, the head may dismiss himself taking into account liquidation or on his own request.

Guarantees and responsibilities

The head of the Organization to be liquidated should be responsible for the timely payment of benefits by dismissed employees.

So, every employee gets:

output benefit;
salary for spent and not paid period - the procedure for bankruptcy does not exclude payments to employees;
monetary compensation for vacations.

Officers First of all should pay moral or material damage to employees who have gained injuries and other harm to health in the enterprise. It is also taken into account that each employee should be paid a guide in the amount of average annual salary during 2 months. The third month pays the employment center if the employee never found a new job.

The liquidation of the organization is a complete cessation of a legal entity or an individual entrepreneur voluntarily or on the basis of a court decision. While the liquidation commission is engaged in organizational issues, dealt with creditors and sells property, the personnel is preparing for the most severe and unpleasant procedure - dismissal due to the liquidation of the enterprise of all its employees. When closing the company, special attention should be paid to the proper design of the end of the relationship between employer and personnel, strict compliance with all necessary procedures and established by the labor code of their timing.

Order of dismissal when closing the company

The procedure for termination of labor contracts associated with the closure of the company is largely similar to the similar process when reducing the state. But she has one significant difference: elimination involves the dismissal of all employees without exception and does not provide for guarantees of employment of preferential categories of employees. This means that pregnant women, "Decaders", single mothers, minor workers, as well as vacationers and temporarily disabled will be fired along with other employees on absolutely legal grounds.

The main steps to take the personnel service to comply with the legality of the dismissal of employees:

to notify the employment center about the planned release of personnel;

inform the trade union organization (if necessary);

notify personally every employee about the date of dismissal;

calculate all put compensation and make a full payment no later than the date of dismissal;

prepare orders to dismiss each employee of the enterprise;

make appropriate records in employment records.

Consider more each of these stages.

We notify the employment service and trade unions

The obligation to inform the employment center on the dismissal of employees in connection with the liquidation of the enterprise is entrusted to the organization by law, in particular the law "On employment of the population in the Russian Federation" of April 19, 1991 No. 1032-1. The Territorial Employment Center provides notice with the list of released personnel, indicating the posts, qualifications and the level of the average salary of workers. The document is compiled as a letter in free form and is submitted to at least two months before planned abbreviations. If dismissal is considered massive (it is determined by the criteria established in territorial or sectoral regulations), the notification must be submitted even earlier - for three months.

"Forgetfulness" Officer.

Notify the trade union is necessary if the dismissal will be massive. At the same time, the deadlines are set as the same as when notifying the employment centers of the population - three months before the closure of the enterprise. A special form of a document is not provided, but informing is necessarily produced in writing. If the release of employees does not comply with the criteria of mass, separately report to trade union workers about the upcoming liquidation, the management of the company is not obliged.

Warning personnel

An important task of the personnel department is timely familiarization with information on the dismissal of everyone to a single personnel under the signature. To do this, it is necessary to prepare two copies of notifications for each employee in advance. The document is drawn up in arbitrary form. One of the copies of the Cadroviki notice takes themselves, the second is to go to the hands of an employee.

The most important thing is that it is required when you receive this notification - to take a signature from the employee with an indication of the date of receipt of the document. An employee's refusal to accept the document and confirm the fact of bringing information to him with his signature is recorded by an act certified by the employee's representative and, at least two witnesses. From this point on, the employee is considered informed about his dismissal.

Upon receipt of notifications, it is necessary to comply with the legislative time limits:

permanent personnel and partners are warned 2 months before dismissal;

employees working on the basis of a temporary employment contract concluded for up to two months are notified for 3 calendar days;

seasonal workers can be dismissed a week after the notification is given.

Commanded employees need to withdraw and bring the necessary information to them on the day of the workplace. If the employee is on vacation or hospital and is missing in connection with this at work, you can notify it with a registered letter or by courier. Signatures of the employee at the courier receipt or on the notification of the delivery of the letter is enough to confirm the fact of the timely warning about the dismissal.

If an employee expressed written consent, it can be "released" before the planned date of dismissal, ahead of schedule, breaking the employment agreement and paying compensation.

Calculate payments

When dismissal due to the liquidation of the company, payments must be calculated and issued to employees on the last working day in full.

What will be included in the total amount of payment:

salary for the fact of worked days;

if the employee "did not go down" one or a few vacations, including additional, it pays monetary compensation for all unused days of vacation;

one average monthly earnings as a day off (for seasonal workers - in the amount of two-week salary);

compensation for early termination of the employment contract.

If the employee was unable to find work in the next two months, the employer is obliged to pay him average earnings for the second month of the employment period (upon presentation of the original workbook) and for the third, if a former employee, within two weeks, from the moment of dismissal, stood in the employment service and He received a certificate that so far is unemployed.

We draw up documents

The final stage of dismissal is the publication of orders and issuing employees to the hands of completed labor books.

The order is formed by the last day and is transferred to the employee for familiarization and signing. For the publication of the order, there is a special form developed by the State Statistics Committee, in the form of T-8.

After receiving the instance of the order signed by the dismissal, the personnel service fills the labor book.

When dismissing in connection with the liquidation of the enterprise, the employment record should contain a reference to Article 81 of the Labor Code of Clause 1 Part 1, which is the basis for termination of the employment contract. On the day of dismissal, labor is issued by an employee under receipt or sent him by mail after prior notice.

Please note that every step of paperwork is necessarily accompanied by the signatures of the dismissed employees: on the notification, when familiarizing with the order, on receipt in obtaining labor. For each missing autograph, the personnel department should have an act, fixing the refusal of the employee to sign the document or pick it up.

Refusal to familiarize with the documents is quite frequent phenomenon in abbreviations and dismissal. In protest, employees refuse to put their signatures, threaten by contacting the labor inspection and to court. Especially often the negative in relation to the leadership and representatives of the personnel department is observed by the preferential categories of personnel, whose rights to preserve the workplace under normal conditions are protected by law, but not in the case of the full closure of the enterprise.

Responsible employees must competently approach the dismissal procedure, carefully comply with the sequence and timing of the actions that have no grounds for legitimate appeal to the court. Personnelians account for not easy in such a situation: to talk to employees, to explain the legality of the dismissal, to convince to put all the necessary signatures. At the same time maintain self-control, because representatives of staff members are forced to dismiss and themselves including themselves.

Market relations and crisis moments in the development of the economy often cause business elimination.

The organization terminates its activities - this serves as the basis for termination of employment contracts with the whole staff of employees. The legislation regulates the issue of liquidation of the organization and the procedure for the action of the dismissal of employees, as well as ensuring and complying with their rights. The basis of the termination of the contract in the liquidation of the organization is registered in the TC RF - Art. 77, Part 1, paragraph 4, with reference to Article 81 Part 1 of claim 1.

The procedure for the dismissal of workers in the liquidation of the organization

Dismissal during the termination of the firm should not be news for workers, they must be notified of this at least 2 months before the date of dismissal. Employees are notified personally in writing and under the painting. If you refuse to sign the document, the act is drawn up. Sick and missing at work is notified by mail by registered letter notice. The term, in which case, is considered from the receipt of the letter to the employee.

Seasonal workers - 7 days,

Working under an urgent contract for less than two months - for 3 days.

The notification must be sent to the ZN on the release of employees. Software lists are served indicating positions. The presence in the organization of the trade union body obliges the employer to notify him three months before the dismissal of people.

It is possible to quit two months without working, after the employer's notification on the closure of the organization. The period remaining before the expiration of two months from the moment of the warning is paid at the calculation of the average earnings. Dismissal is made according to a written application in accordance with Art. 180 hours 3 of the Labor Code of the Russian Federation.

Additional Information
The head of the enterprise is obliged to hold a number of actions: 1) Through three months before the start of elimination, notify all the necessary bodies 2) Report the employment service on the designated closure and dismissal of workers in several months 3) to present a form of employment to the Employment Center for ten days.

The order for termination of the contract is published on the day of the dismissal of employees after two months from the moment of preventing the liquidation of the organization and dismissal of employees. Workers get acquainted with the content of the order and put their signature. Calculation with dismissed is made at the date of termination of the contract. The workbook and certificates about the average earnings are issued.

Payments for dismissal

Guarantees during the termination of the employment contract in connection with the closure of the employer's enterprise are to pay benefits equal to the average earnings of the employee in three months from the date of dismissal. The manual for the first month is issued an employee after dismissal. If the work has not found a dismissed employee, the allowance is paid for the second month.

The employee is assigned a two-week period for registration in the employment center as unemployed. If he does not find a new job with the help of the employment service within three months, it is compensation in the amount of average wage for all three months, this right is guaranteed by Art. 178 TK RF Part 1.

Payments for dismissal due to the liquidation of the organization:

Remains for the salary, unpaid by the employer at the time of termination of the contract,

Payment of holidays for the days of annual leave,

Payment in the amount of average monthly earnings,

Other payments stipulated by local acts of the organization.

In case of early dismissal, according to the employee's statement, all the allowed payments are preserved. The manual is not charged if the dismissed found a new job.

Season workers adopted for a certain period, should be paid in two business weeks, Art. 296 h. 3 of the TK RF.

Workers less than two months under an urgent contract compensation is not paid.

If the organization closes due to bankruptcy, then 129 of the article of the Federal Law No. 127 (dated October 26, 2002), on the current dismissal due to the liquidation of the enterprise, it is necessary to report for a month. 2 Paragraph 84.1 Articles of the Labor Code of the Russian Federation states that employees must be aware of the order for the dismissal, where they must put the appropriate signature.

Procedure for the liquidation of the organization

The liquidation of the enterprise involves full cessation of activities. The organization's closure procedure occurs in several stages:

Decision and notification of this tax authority at the place of registration of the company.

The order is appointed by the liquidation commission, which makes the necessary measures to implement property and settlements under contracts.

The media provides an announcement that the firm is closed.

An accounting report is drawn up with the description of all material values \u200b\u200band amounts of debt to creditors and counterparties.

Calculation of debts.

Drawing up an accounting balance after paying debts, distribution of estates between owners of the company.

IFTS makes information in an incorporation about the termination of the enterprise.

Features of the dismissal of employees when eliminating the company, see the video

Employees who are allowed to pay for the liquidation of the company

Labor contracts are subject to termination absolutely with all workers without exception. Accordingly, every employee has the right to compensatory payments.

Pensioners. The right to payments remains in full.

Partwesters are eligible for compensation only in the amount of average monthly earnings.

Workers are at the hospital and on holidays receive all due payments.

Women who are on maternity leave, with dismissal due to the liquidation of the enterprise, hospital sheets are paid, the child care allowance is paid at the expense of FSS funds.

All questions of interest can be asked in the comments to the article.