What is better for an employee and how it is more profitable to the employer - dismissal to reduce or by agreement of the parties? Reduction by agreement of the parties. What payments

Before considering, dismissal to reduce the state or by agreement of the parties - what is better to prefer, we will define both the concepts.

Removal from work on reduction among other types of layoffs is the most problematic and time consuming.

At the same time, this species gives the greatest guarantees of respect for the rights of the fired.

If the company has the ability to provide another position, the vacancy must be proposed by the management of the enterprise. Also, the abbreviation requires the notice of trade unions in two months, and with a massive reduction in three months.

With a reduction in a regular unit, the valuable position for employees are preferential rights (Article 179 of the Labor Code of the Russian Federation).

The management of the enterprise should know that certain workers can not be dismissing: Pregnant women, women who have children under three years old, single mothers with children under 14 years old, single family working in a large family.

You can not cut an employee if he is on sick leave or on vacation.

It is possible to design a termination of the contract ahead of time. Moreover, with the proper registration of the application, no payments will not lose.

Important! When reducing the state, all units of the reduced position are reduced, with a reduction in the number decreases the number of employees occupying this position.

For the employer, the reduction is costly, so many enterprises are trying to put pressure on employees to dismiss at their own request. This type of dismissal is the most profitable for the enterprise.

Agreement

How to quit - in reducing or by agreement of the parties?

Consider the second option. An employee may go to this type of dismissal for the following reasons:

interest in the weekend;
the fear that can be expelled by the article for non-compliance with the discipline in the enterprise.

For the management of the enterprise, reach an agreement with the employee (Article 78 of the TC) is more profitable. You can free yourself from a disadvantageous employee, you do not need to accurately follow the time consuming order of staff reduction. You can dismiss an employee who cannot be touched with the usual reduction.

TK RF, Article 78. Termination of the employment contract by agreement of the parties

An employment contract may be terminated at any time by agreement of the parties to the employment contract.

Payment of compensation is made in accordance with the agreement at the conclusion of the Agreement.

Important! The main condition for the agreement of the parties is voluntary. Choosing between the abbreviation or dismissal by agreement of the parties, it is necessary to consider that the employee does not need to work out a two-week period, as with ordinary dismissal.

The management of the enterprise does not need to coordinate the conditions for the termination of labor relations with the trade union.

Differences

What is the difference in dismissal by agreement of the parties from the reduction?

With a reduction, it is necessary to prevent an employee about the termination of the contract.

By agreement, no warnings are done.

With a reduction in the TC, some categories that cannot be fired are enshrined.

By agreement, you can dismiss all employees without exception.

With a reduction, it is necessary to justify, with the agreement this is not required.

Also, with a reduction, the employee may file a complaint under disagreement with the terms of termination of the employment contract. With the agreement of the parties it is impossible to do this.

Positive sides of the first

How profitable to quit - in reducing or by agreement of the parties? In the first case there are its advantages.

Getting additional payments after dismissal. Given the output allowance equal to the average salary. Also accrued the amount for the next two months for the device to work.

In case of early reducing, the employee receives payments for non-time. The employee is also paid for the amount of vacation that he did not go away.

Provides the ability to search for work within two months. An employee during the period for which he was warned about dismissal, can engage in active search for work.

If he gets a new job before the expiration of the notice, it can apply for early dismissal. In this case, no payments will not lose.

The possibility of receiving a vacancy at the same enterprise. When publishing an order to notify the termination of a state contract possible vacancies are required to translate the reduced employee..

Can be dismissed preferential categories.

According to Article 81 of the TC, the employer does not have the right to dismiss some categories of citizens: pregnant women, adoptive parents, single mothers, if they have a child under 14 years old, mothers who have children under three years old. Exception - complete liquidation of the enterprise.

Pluses of the second concept

What is better - abbreviation or dismissal by agreement of the parties for the employee?

Pros in the Agreement - the rapidization of documents, there is no need to undergo a long-term cutting.

Be sure to consent an employee.

This type of dismissal is based on the consent of the two sides. Without signature an employee no dismissal will occur.

The ability to agree on an increase in the amount of payments and the choice of the dismissal period. The amounts paid by the employer by agreement should not be less than the amounts that the employee could receive when reducing the state.

Otherwise officer may not agree to dismissal. Also, there is no strict limit on time as in the reduction. There is a specific date of dismissal. That's all the dismissal by agreement of the parties better than the reduction.

Dismissal to reduce or by agreement of the parties: What is better?

Reduction or agreement of the parties - what is better for the employee? Both dismissal to reduce the state, and in coordination have their own positive and negative sides.

When the state is planning to reduce the state, it means its position is not very stable.

If the employee has a choice, be dismissed to reduce or by agreement of the parties, it is necessary to determine the most optimal solution at the current situation..

If there is a place on the new work, the employee is better to go to the agreement of the parties: he himself can offer the date, speed up the procedure for termination of labor obligations and get cash compensation.
If an employee has not yet found his job or wants to relax a little, in this case he is better to agree to reduce. He will have extended work experience for another two months. On the Labor Exchange, if a suitable job is found, he will pay a manual for a whole year.
If the enterprise's management is sufficiently generously when dismissal by agreement of the parties and compensates for the amount of equivalent amount with a reduction, then it will be preferable to agree on the agreement of the parties.

Now you know everything about the dismissal to reduce or by agreement of the parties, which is more profitable for the employee.

Dismissal is always not a very pleasant procedure for an employee of the enterprise. What is better - reduction or agreement of the parties?

There is no unambiguous answer to the question, it all depends on the circumstances and generosity of the management of the enterprise for the payment of "spunk".

It should be noted that dismissal by agreement of the parties (EPS) appeared in the Log of the Russian Federation since 2001, and its precedents took place since 2002. However, this formulation of a legal framework for dismissal today has the most law enforcement practice as a basis for dismissal. Moreover, it is her, let's say directly, prefer and personnel and leaders of commercial companies.

Attribute of the contractual form of the vehicle

Dismissal by agreement of the parties (Article 77 of the Russian Labor Code) is often found in connection with the distribution of the obligations on the Russian labor market. This form of contractual relations between employers and personnel is an indispensable element of the market system.

Is it justified by the leadership in the labor market? Is the ease of interruption of labor relations inherent in this form of dismissal positive: employer-employee? This is a controversial question. According to official statistics, the unemployed is 2-3% of the allocating population.

These data are objectively understated worldwide. The fact is that the labor exchange is not all unemployed for various reasons. Therefore, the generally accepted fact is that the data of the international organization of labor 4-5 times higher than official unemployment statistics.

And absolutely leading on the interruption of labor relations is the dismissal of the parties. Features of this type of dismissal in the conditions of the existence of the labor market are clearly visible in comparison with other forms of termination of labor relations.

To reduce the state and by agreement of the parties

It is well known that dismissal when reducing the state is a satellite of economic crises and their consequences - optimization of the staffing structure of the organization. His legal justification (see paragraph 2 of Article 81 of the Russian Labor Code) is quite organizational and difficult and laborious.

The employer is obliged to warn the personnel reduced in this way and, in addition, to offer candidates for dismissal alternative staff position (we note that the existing staff is often characterized by a shortage of vacant posts).

It must also identify the personnel to which legislation guarantees the preferential right to remain in the state and implement it. Therefore, some employers, optimizing their staff, try to replace the "Reduction States" "Agreement of the Parties", reaching for a company of certain benefits to the detriment of the dismissal.

Paragraph 1 of Article 77 of the Russian Labor Code offers a less institutionalized way - dismissal by agreement of the parties. This method of interruption of labor relations implies a short time, joint regulation of the process of dismissal by the management of the company and the employee. At the same time, the administration does not require adherence to the above formalities and the participation of the trade union organization.

At your own accord and by agreement of the parties

The absence of a period of mandatory development is distinguished by the method under studying by the dismissal on his own desire, in which the application writes only the employee itself.

When dismissal at his own request (UPP), such a statement is drawn up over fourteen days before the agreed date of caring from work. During the aforementioned two weeks, the employee continues to fulfill his previous official duties. He is also entitled to take a vacation for this period. However, even if the employee is in a hospital, will not be considered interrupted 14 days.

Dismissal by agreement of the parties is significantly simplified and relative to the UPP. First of all, the difference lies in the absence of a two-week work - before the date of dismissal. Date of departure from the work contractual, also director stipulates with a dismissed employee by mutual agreement some additional conditions. Labor relationships can be interrupted into a specified and agreed date in advance, even if the employee stays on vacation or on the hospital.

Legal differences of two types of dismissal

Dismissal by agreement of the parties implies the procedure for termination of the employment contract between the employer and the employee, respectively, by Article 78 of the Russian Labor Code. Employers more often use it in cases of labor violations by workers (absenteeism, appearance in the workplace in a state of intoxication, non-fulfillment of official duties). However, even more often this dismissal is initiated by the workers themselves. It, as you noticed, has similar features with dismissal at your own request. However, there are differences (see Table 1)

Table 1. Comparative characteristics of the UPS and UPSP

When analyzing the information contained in the above table, pay attention to the detail: challenge dismissal by agreement of the parties unilaterally can not (in contrast to the UPP). It is accepted at the EPS, therefore it ceases to act by mutual agreement.

At the request of one of the parties, dismissal cannot be prevented. However, if it is carried out by the coercion of the employer, it can be challenged in court. In this case, the employee is restored by the previous post with the payment of average earnings for forced rushing.

Payment of compensation

If there is a dismissal by agreement of the parties, compensation for the unused vacation must be paid to the employee. In addition to her, he is necessarily paid accrued salary for the current month on the last day of work, as well as recorded awards, a variety of surcharges (for service, qualifying). The employee then receives a labor book and a certificate about the average monthly wage.

However, not only compulsory payments promotes the employee's dismissal by agreement of the parties. Compensation in the amount of one salary is often stipulated by the employer in orders for the organization.

The legislation did not establish a certain framework of such payments, therefore, the contractual amount of additional compensation may be established in the agreement of the employer and employee.

It is no secret that this type of dismissal is more beneficial to the employer than the employee. Motivation is well known: the employee cannot independently withdraw the written statement, and the union, in turn, can also not affect this process.

Therefore, the employee who choose dismissal by agreement of the parties, compensation must be considered as a section of the contract with the employer. Federal Law No. 330-FZ dated November 21, 2011 established the procedure for issuing NFFL compensation. In accordance with paragraph 8 of paragraph 3 of article 217, the Russian Tax Code exempt compensation from taxation not exceeding three employee salaries.

Article 178 of the Labor Code regulates the payment of such output benefits. According to her, the provisions on its payment may be included in the collective employment contract. The second version of the regulation of such compensation is negotiated directly in the documents that accompany specific dismissal by agreement of the parties. In this case, in accordance with paragraph 3 of Article 217 of the Tax Code of the Russian Federation, it was not charged from a day off, not exceeding three salaries, and for the regions of the Far North - six salaries.

Decoration of dismissal

The existing practice of registration of such dismissal does not provide any standard documents. However, a preferred design option remains an agreement compiled by a joint employee and an employer. An indication of the desired legal consequences of termination of labor relations due to the mutual agreement of the parties, the dates are accompanied by dismissal by agreement of the parties. Payments to the amount of the output benefit, the transfer time to a new employee of affairs and posts also negotiate. Imagine an example of the aforementioned agreement.

Agreement on termination of the employment contract

Employer - Alpha-Trade LLC represented by Director Pavlova Konstantin Borisovich, acting on the basis of the Charter, and the employee - Merchandiser Selezneva Marina Viktorovna came to an agreement that:

The employment contract of 21.02.2010 N 35 will be terminated by agreement of the parties.
The employment contract is terminated on July 20, 2014.
An employee is paid compensation in the amount of one official salary.

The agreement was drawn up in 2 copies with the same legal force, 1 for each part.

Director Printing Pavlov Konstantin Borisovich

Worker Selezneva Marina Viktorovna

Dismissal Initiator - Employee

However, the proposed design method often may precede the writing of the statement by an employee or the corresponding appeal of the administration to it. At the same time, a single sample, how to write an application for dismissal by agreement of the parties does not exist. Therefore, imagine an example of such a document.

Sample application of employee

Director of Alpha Trade LLC

Pavlov Konstantin Borisovich

Statement

I ask the agreement on your part to terminate with me the employment contract from July 20, 2014, respectively, paragraph 1 of Art. 77 Labor Code (reason - by agreement of the parties).

I consider it expedient to set the output allowance in the amount of two salaries.

Before receiving the consent from you, in writing, I reserve the right to withdraw this statement at any time.

Merchandiser Seleznev

Marina Viktorovna.

Agreement, as an option, may also precede the appeal of the administration, initiating dismissal by agreement of the parties. Sample text is similar to submitted in the application.

Letter administration

Dear Marina Viktorovna!

We invite you to terminate the employment contract, guided by paragraph 1 of Art. 77 Labor Code (i.e., by agreement of the parties) from July 20, 2014

Compensation is established, according to a collective employment contract, in the amount of two salaries.

Director

Pavlov K.B.

Registration of the order for dismissal

Based on the agreement, the head of the organization signs the appropriate order. Dismissal by agreement of the parties is gaining legal force at that moment. Often, together with this order, an order is published on the reception and transfer of affairs and inventory.

Alpha Trade LLC

07/20/2014 № 15-K

moscow

On the dismissal of Selezneva M. V.

Dismiss:
Seleznev Marina Viktorovna, Merchandiser, 20.07.2014 by agreement of the parties (Art. 37 of the Labor Code).

Accounting payments to Seleznev M.V. Monetary compensation in the amount of three salaries.

Reason: Statement by Seleznevaya M.VT dated July 15, 2014.

Director of Alpha Trejd LLC Pavlov K.B.

I got acquainted with the order and agreed Selezneva M. V.

Through such an order, dismissal under the Agreement of the Parties. An entry in the employment record should necessarily mention paragraphs 1 of part 1 of article 77 of the Labor Code.

Should I avoid the wording "Dismissal by agreement of the parties?"

This question is, of course, controversial and associated with myths.

Myth No. 1: The employee dismissed by the consent of the parties is a violator of labor discipline.

Myth number 2: An employee who thus interrupted labor relations, has insufficient qualifications.

The reason for the appearance of these prejudices was the practice of employers to "reduce" under Article 77 of the TC of Related Employees. However, if the employee is confident in his qualifications, as well as in the fact that in another place it is immediately employed, then these myths are insignificant. On the contrary, a person will be able to quickly get a job on the expected job.

Output

Is the USSS are ideal in its existing form as a labor market tool? Based on macroeconomic patterns, its parameters (for example, non-participation in its trade union process) are incorrect at a significant level of unemployment.

For the full effect of such a market mechanism in the labor market, Ideally, we need a growing nature of the economy and a sufficient level of offer of competitive jobs. However, simplified organizational moments, accompanying the EPS, in many cases are preferred for the operational interruption of labor relations. This factor determines its widespread use.

The parties to the Agreement should be borne in mind that in some cases the incorrectly issued agreement and, accordingly, the order for dismissal by agreement of the parties can ignore the payments or benefits due to it. Therefore, it should be foreseen and take into account.

In order to understand how it is better to quit - to reduce or by agreement of the parties, it is necessary to take into account all the features of each process.

In addition, there are individual features when dismissing each employee. Reducing or dismissal by agreement of the parties can be different options for a number of categories of workers.

If dismissal to reduce or agreement of the parties occurs, then compensation will be different. What is better for the employee - will depend on his qualifications and preferential grounds, that is, the more the employee has benefits and positive parties (experience, qualifications, experience), the more he will receive with standard reduction. In addition, the abbreviation or agreement of the parties has individual characteristics.

Important! With the agreement of the parties, the dismissed will receive only what is provided for in the Agreement, that is, any employee may not receive many payments to him.

Which is more profitable often depends on numerous factors, therefore it is necessary to study all the features of dismissal of one or another type. In addition, the abbreviated in the future will be more rights to appeal if violations were allowed.

Features of abbreviation

The reduction occurs in accordance with the legislative norms and rules. In this case, there are a number of our drawbacks. Among them can be allocated:

This species is carried out only by the will of the leader himself and it is for this reason that is less acceptable. This is exactly what a negative side may affect further employment.
Typically, the process concerns those employees whose work is medium, as well as those in whose services the company no longer needs. Such an entry in TC significantly reduces the chances of receiving new work.
Dismissal occurs only after working out 2 months old.
Payments from the organization are preserved within 3 months, unless the employee was able to find a job. At the same time, the appeal to the local employment exchange is mandatory.
First of all, they leave citizens who have preferential rights.
The employer is obliged to offer a new post employee (if any), but it can have less payment, as well as in another area.

There is also your number of advantages:

Notice comes 2 months before the date. This allows an opportunity to find the most suitable option for it.
Each person who has fallen under the reduction is paid output allowance, which is equal to the average monthly earnings.
Within 60 days, its average income is maintained for the entire period before the new employment.
When contacting the Center for Employment and not finding work there for a certain period, the employee is extended to pay up to 3 months.
If a collective agreement was concluded, the amount of the benefit may increase.
Each employee is offered another position when presented.
In some cases, the benefit is paid in six-time.

An employee can get 2 wages at once, as well as a day off. At the same time, cash payments will be made within 2-3 months if the work is not found.

It should be borne in mind that employment is more problematic than after leaving for another reason.

Features of dismissal by agreement

Provides a mutual agreement, which will take into account all the features of the process, while observing the gentle mode for the employee and the employer. This process also has its advantages to which one can attribute:

The termination of the contract may happen at any time that will be established during the negotiations and recorded documentation.
An employee may not work out 2 months, and immediately get all the documents.
An employee himself can choose the date when the contract is terminated.
A person who has concluded an agreement on the termination of labor relations can receive compensation, the size of which can at times exceed the one that is allowed when careful of their own accord.
If the initiator is the leader, then the employee will not start a procedure without consent.
Document registration occurs in the shortest possible time.
If a contract was terminated, and the employee registered with social protection authorities, he can count on receiving benefits, the amount of which will be much larger, and the period of payment longer.
The chances of finding a new place of employment is much higher, as it shows that the employee is able to go to the dialogue, and also does not indicate the level of his professional qualities.

It is especially important that an agreement on the availability of an agreement is applied to the employment record.

This species also has a number of minuses that should be mentioned. These include:

With such a break of labor relations, control from such organizations as the trade union is completely absent.
All payments that you want to get a dismissal person must be spelled out in the contract. Otherwise, he risks them to completely lose.
This species provides for a breaking of relations with minor children, mothers, alone with raising children, with a hospital. In this case, other organizations cannot affect the dismissal process.
When signing the employment contract, the operation of the employment contract is terminated, and all labor relations are broken.
When dismissal, the employer rarely agrees to pay benefits and other guarantees that were spelled out in a collective or employment contract.

The contract provides for all the features of the process, that is, all points on compensation and other payments are considered. Under these items, this option exceeds the reduction, but, on the other hand, the employer can pay a smaller amount. Here everything will depend on the negotiation process and the consent of the employee.

Especially important condition There will be the right procedure for registration and compliance with all legal norms and nuances, for example:

grounds for mutually beneficial termination;
the complete consent of the employee and the employer with dismissal and all agreements;
proper legal registration of documentation and bookkeeping books;
compliance with the conditions in full.

An employee can agree with the employer about any conditions that will be officially certified. In some cases, the overall compensation and benefit of the employee several times higher than the indicators in a different case. But there is an option of less benefit. The basis is the full study of the documentation, since after signing it is no longer possible to change this document.

It is possible to appeal the agreement only in several cases. For example, if the employer illegally dismissed and faked documents. There is also a pressure option, but these cases will have to be proven in court with the inclusion of the entire evidence base. At the same time, the only possibility of actual appeal will be incorrect design of documents and contracts, but employers rarely admit such errors, since such documentation refers to an important.

It turns out that with different versions of the rupture of labor relations, the employee is more protected, but it does not have the opportunity to increase its benefit. With the agreement it is possible.

How to choose the right

When choosing it is worth considering several features of layoffs, since the reduction for the employee or dismissal to reduce the state will have difference from the agreement of the parties. Therefore, it is necessary to compare:

the total amount of compensation;
opportunities for further employment;
deadlines for further payments;
the presence of preferential conditions or certain agreements.

Only after full comparison is the choice. If desired, the agreement has more opportunities, but the employer can also cut compensation payments very much.

Important! After dismissal by agreement, it is almost impossible to appeal the terms of the contract if all legal norms and rules and rules are complied with.

conclusions

Various options for layoffs have their advantages, and their drawbacks. If you need to quickly change the job, then a number of options for the usual process will not fit. They are also not suitable for the possibility of obtaining really those conditions that completely accumulate the process.

In fact, the choice depends only on the possibility of agreeing with the employer who can go for serious concessions, including cash, if he has special circumstances.

Fired, when choosing a way of dismissal, must take into account the entire set of conditions. For some workers, care from the dispute will be a priority option. Although the standard reduction and has more positive parties. Reduced the employee is more difficult due to the regulations of labor relations, while the agreement of the parties is characterized by its simplicity, both for the employee and for the manager who is beneficial to this process.

Rules for paying a day off when dismissal by agreement of the parties

Many employers try to do with one statement from the employee who put a resolution. But it is better when, when dismissal by agreement of the parties, an agreement on the termination of the employment contract by agreement of the parties is drawn up, where a number of important issues are recorded: what date will be the last day of work, that is, the day of dismissal; that the employee will be dismissed exactly, that is, by agreement of the parties; What amounts will pay him; that the parties of mutual claims do not have each other, etc. Usually such an agreement is drawn up in two copies.

When making an agreement, attention should be paid to the employment contract of the employee. If it does not indicate that in the case of the dismissal of the employee, by agreement of the parties, it will be paid for a certain amount of the output benefit, then this condition should be made to an employment contract. This is done simply: an additional agreement is drawn up to the employment contract, where the condition is prescribed on the payment of the output benefit in such a size.

In determining the Supreme Court of the Russian Federation of 10.08.2015 No. 36-kg15-5, an interesting situation is provided in terms of practice: the employee and the employer agreed that when dismissing the parties to the parties, the employee will be paid a day off, they compiled an agreement on the termination of the employment contract for Agreement of the Parties where weekend will be paid. And then the next situation is: the employer dismisses a worker by agreement of the parties, but does not make an additional agreement towards the employment contract and does not pay the day off. The worker appeals to the court, and the Supreme Court, viewing this case, confirms the legality of the dismissal of workers by agreement of the parties without paying the day off. He considered that once shows that other cases of the payout of the day off should be provided for by the labor or collective agreement, which was not in this case, and there was only an agreement on the termination of the employment contract by agreement of the parties, then everything is legitimate.

Compensation Rules for Unused Vacation

When dismissing the employee is paid compensation for all unused leave (). In terms of calculation, counting days of vacation, which the employee earned, determining the period for which it is necessary to pay compensation for unused vacation, applying the rules for determining this period, must be guided (ultrasound. NKT USSR 30.04.1930 No. 169).

If the employee is dismissed during the first working year, the rules of paragraph 28 are applied: "When dismissing an employee who has not used his right to leave, it pays compensation for unused vacation. At the same time, the workers who have worked for this employer who have worked for at least 11 months to be offered during the expenditure that gives the right to leave, receive full compensation. "

This norm indicates that if at the first working year, the employee worked for 11 months and he dismisses, he was compensation for vacation as 28 calendar days.

If the employee is dismissed during his first year of staff reduction or numbers, the employer must also focus on. In particular, the following is written in them:

"Full compensation is received by workers who have worked from 5 1/2 to 11 months if they are dismissed due to the elimination of an enterprise or institution or individual parts, reduction of states or works, as well as reorganization or temporary suspension of work; revenues for valid military service; Commandments in the prescribed manner in universities, technical schools, on Rabafaki, on preparatory departments in universities and courses on training in universities and on Rabafaki; transit to another work on the proposal of labor organs or consisting of commissions, as well as party, Komsomol and professional organizations; Founding unsuitable for work. "

Of all the listed cases of the situation with the reduction of the state are especially common. And usually, the employees who have been hired recently fall under the reduction. From here there are questions about the definition of days for which compensation is relying for unused vacation. Answers to them give rules about the next and extra holidays - that complete compensation should be paid. This is used to be reminded in.

In paragraph 35 of the Rules on the next and additional leaves: "When calculating the work time, giving the right to a proportional additional vacation or compensation for vacation during dismissal, excess, components of less than half of the month are excluded from the counting, and excess that make up at least half months, rounded until the full month. " At the same time, applying item 35 it is important to remember that, since the employee earns the right to leave for the working year, he begins to be calculated from the date of the conclusion of the employment contract.

For example, if the employee is hired on September 17, 2015 and dismissed from November 30, 2015, then when counting the experience giving the right to vacation, the following layout is obtained: the first month - from 09/17/15 to 10/16/15; For the second month - from 10/17/15 to 11/16/15; The third month - from 11/17/15 to 30.11.15. Since the third month is not fully worked out, then compensation for unused vacation is paid only in two months.

Premium payment rules for dismissal

Prize is an incentive payment, which is a kind of stimulating payments. And the salary, according to, is a remuneration for labor, depending on a number of indicators (employee qualifications, complexity, quantities, quality and conditions of work performed), as well as compensatory payments (compensation surcharge and surcharges, including work in conditions deviating From normal, work in special climatic conditions and in territories undergoing radioactive contamination, and other compensation payments) and stimulating payments (surcharges and surcharges of stimulating nature, prizes and other incentive payments).

Thus, the premium is an integral part of wages, and according to it should also be paid upon dismissal. But there is one point: the premium is usually tied to the result, therefore it is paid once a month, once a quarter or every six months. From this it follows that after the end of the period, you need to still collect information for accrualing the award, to issue an order about the bonuses, after which the accounting calculates the award and pay it. In this case, you need to remember the local regulations on wages, which are in each organization.

The statement says that the procedure for calculation (specific size, indicator) should be followed from the local regulatory act on wage. And the tax, opening the regulations, should see that the size of the award is defined.

Some employers prescribe norms about the payment of award so that the employee cannot guess how much he can get money. It usually sounds like this: when a favorable financial result is reached, at the discretion of the head, the employee can be paid a premium, the amount of which is determined by the order. At the same time, the tax authorities are talking about a particular amount. And if in a local regulatory act, the employer will not write in the preamble that the premium is paid, for example, following the year for the year and that the employee should consist in labor relations on the date of the decision to pay this premium, the employer will be obliged individually for the employee of this Prize And to pay when dismissal, without waiting for the end of the fiscal year and deciding on the payment of the premium for the year.

Reduction or dismissal by agreement of the parties - what is more profitable for the employee? Both options have their advantages and disadvantages, and the procedure for termination of labor relations contains many nuances.

Features of layoffs due to staff reduction

When cutting a staffing schedule, one or more positions can be removed, the number of employees occupying the same positions are reduced. In both embodiments, the dismissal procedure is identical:

Positions subject to reduction or abolition are selected.
Among the people who occupy them, exclude those who cannot be dismissed under the law, and those who have privileges to preserve positions.
2 months before the start of the change of the standard schedule, a written warning is published for workers. They must be necessary to sign it, otherwise the further procedure will lose its legitimacy. The trade union should be notified about the upcoming procedures (if any in the enterprise) and the employment service.
In warning, employees should be offered alternative vacancies in the enterprise that they may occupy according to their qualifications. Also, an employee may agree to early dismissal, receiving additional compensation for this, or to care for the Agreement of the Parties.

After a two-month period, if the employee did not move to another position, the order was published.

The abbreviated worker on the last working day receives:

salary for a worked period;
compensation for vacation days that were not used;
output allowance in the amount established by law.

In the future, the company can continue to pay compensation for another 2-3 months before the time of employment.

Features of dismissal and by agreement of the parties

The process of such termination of the contract is easier for the company. You just need to sign an agreement and determine the date of completion of labor relations. Warning the trade union and the employment center is not needed.

In order for the employee to make a decision to quit on the proposed conditions, as a rule, the company offers him certain express. They are not regulated by law, but usually their size is comparable to payments in reducing.

Nuance! Despite the apostasy, dismissal in coordination of the parties is more convenient for the employer, since it does not require a prior warning, which means there is no need to pay a salary at this time, which will be dismissed.

What to choose: abbreviation or dismissal by agreement of the parties?

To make the right choice - to abandon or by agreement of the parties, it is necessary to take into account the advantages and disadvantages of each method.

Reduced staff

This option has the following positive parties:

An advance warning about the future dismissal gives an employee the opportunity to search for new work in advance.
The employer is obliged to offer an alternative vacancy if there is a tax on the enterprise.
The dismissed receives the official status of the unemployed, because it gets more payments and compensation.

In case of non-compliance with the procedure, the employee may apply to the court with a claim for illegal dismissal. As a rule, the courts allow such disputes not in favor of the employer.

However, there are its drawbacks:

The state cutting procedure is more complex and long. It requires compliance with all formalities and prepare a large number of documents.
When reducing the state, the initiative comes from the company, which means that the employee cannot quit for this reason if he found an alternative position at the same work.

In this case, you will have to write a statement on your own request.

Agreement between the parties

This method has an advantage in the form of a simpler and fast procedure. But both parties must be agreed on conditions. They may be preferable to the employer than the cutting of the state.

The worker, in turn, is also entitled to protect his interests to a certain extent. If the text of the agreement does not suit him, it has the right to refuse to sign it.

The disadvantages of dismissal by agreement of the parties can be attributed to:

Smaller payments than when reducing the state.
The inability to challenge dismissal.

Can be fired by any regardless of whether it belongs to the categories for which there is the right to preserve the position.

Difference for workers between abbreviations or care

The signing of the Agreement of the Parties and submitting an application for their own will is not equivalent. In the second case, the initiative proceeds only from the employee, and in the first - from both parties.

Therefore, after signing the agreement, it is impossible to change and remain working. And the statement on your own will can be withdrawn within a two-week period.

At the same time, when dismissing at the initiative of the employee, no additional compensation and express themselves are laid. The following payments getting dismissed:

salary for worked days;
payments for unused vacation.

Because, if a new vacancy has already been offered a person, it is more convenient for him to dismiss on his own request. If it is important to obtain material assistance at the time of employment, then more profitable reduction.