Termination of an employment contract upon liquidation of an organization: some problems of theory and practical application. Early dismissal upon liquidation of an enterprise

One of the grounds for termination employment contract with the employee is the liquidation of the organization or termination of activities individual entrepreneur.

Upon dismissal on this basis, it is necessary to follow the procedure for notice of dismissal and pay compensation to employees (severance pay) established labor legislation.

In accordance with the Civil Code of the Russian Federation, an organization can be liquidated: by decision of its founders; by court decision (including if the organization is declared bankrupt).

If the employer is an individual entrepreneur, then the employment contract with the employee can be terminated under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation in the following situations: when an entrepreneur ceases his activities on the basis of his own decision taken; due to the recognition of the entrepreneur as insolvent (bankrupt) by a court decision; due to the expiration of the certificate of state registration, refusal to renew a license for certain types of activities.

An individual entrepreneur is considered to have ceased entrepreneurial activity after registration of this fact in the Unified State Register of Individual Entrepreneurs (USRIP) in the manner prescribed by Federal Law.

Employees are notified by the employer personally and against signature of upcoming dismissal due to the liquidation of the organization at least two months before dismissal. If the employee refuses to read the notice, the employer must record such refusal in writing. To do this, it is necessary to draw up an act, which is signed by the employer’s representative and two other employees.

It can be noted that if we are talking about the termination of the activities of an individual entrepreneur, then for this situation the terms of warning employees about dismissal are not established by the Labor Code of the Russian Federation. Therefore, the entrepreneur must warn the employee about the upcoming dismissal due to termination of activities within the period established by the employment contract. If this period is not established by the employment contract, the entrepreneur has the right to warn the employee at any time.

Labor legislation does not establish a specific date from which the employer has the right to dismiss employees in connection with the liquidation of the organization.

The Plenum of the RF Armed Forces clarified that the basis for dismissal of workers under clause 1 of Art. 81 of the Labor Code of the Russian Federation can serve as a decision on liquidation legal entity, i.e. a decision to terminate its activities without transferring rights and obligations by way of succession to other persons, made in accordance with the procedure established by law.

Please note that the notice period for dismissal established by the Labor Code of the Russian Federation is minimal. In this case, the employer can warn the employee about the upcoming dismissal at an earlier date.

Early dismissal (before the expiration of a two-month period) is possible subject to following conditions: there is written consent of the employee to early dissolution employment contract; employer pays employee additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice period for dismissal (Article 180 of the Labor Code of the Russian Federation). This additional compensation is paid in addition to severance pay.

For individual categories workers installed more short time notifications. Thus, if an employment contract with an employee is concluded for a period of up to two months, such employees must be notified in writing, against signature, of the upcoming dismissal due to the liquidation of the organization at least three calendar days in advance (Part 2 of Article 292 of the Labor Code of the Russian Federation), and if the employee is busy seasonal work- no less than seven calendar days(Part 2 of Article 296 of the Labor Code of the Russian Federation).

Having made a decision on liquidation, the organization (entrepreneur) is obliged to notify the employment service authorities about the upcoming dismissal of employees. For failure to provide this information to the employment service authorities, as well as for failure to provide such information incompletely or in a distorted form, Article 19.7 of the Code of Administrative Offenses of the Russian Federation provides for liability in the form of a fine in the amount of 300 to 500 rubles. For officials(individual entrepreneurs) and from 3000 to 5000 rubles. for organizations.

In addition, after dismissal, the employee retains his average monthly salary for the period of employment, but not more than two months. An employee who has entered into an employment contract for a period of up to two months, severance pay upon dismissal, it is not paid, unless otherwise provided by federal laws, a collective agreement or an employment contract. Workers in the Far North are paid severance pay in the amount of average monthly earnings. They also retain their average monthly earnings for the period of employment, but not more than three months from the date of dismissal (including severance pay).

Termination of the employment contract ends the cooperation between the employee and the enterprise. If this action is related to the liquidation of an enterprise (organization) or a reduction in the number of staff, then the employee has the right to payment of compensation and provision of other work at the same enterprise. The Labor Code of the Russian Federation provides for the payment of severance pay, and in some cases the payment of additional compensation, upon termination of an employment contract with an employee due to staff reduction or liquidation of an enterprise.

Preferential right to remain at work (Article 179 of the Labor Code of the Russian Federation).

The main criteria for remaining at work are higher qualifications and labor productivity. This condition is aimed at maintaining labor relations with highly qualified employees. Labor productivity is characterized by the absence of defects, the quality of the work performed, large volumes of products produced, etc. The level of qualifications is determined based on whether the employee has primary, secondary or higher vocational education, having a second education, academic title or degree, etc.

The level of qualifications and labor productivity of workers can be equal; in such cases, it is legislatively established who the employer should give preference to (Article 179 of the Labor Code of the Russian Federation).

Employees who have a priority right to remain in their positions in the event of a reduction in staff or number of employees:

disabled people of the Second World War;
persons in whose family there are no other workers with independent income;
undergoing advanced training at the direction of the employer;
family (having two or more dependents);
received while working for this enterprise occupational disease or work injury;
disabled combatants in defense of the Fatherland.

The employer has the right to retain any of the above-mentioned workers at the enterprise, regardless of their location on the list established in the Labor Code of the Russian Federation.

Liquidation of an enterprise (organization), reduction of staff or number of employees - guarantees and compensation (Article 180 of the Labor Code of the Russian Federation).

The employer is obliged to offer the employee another vacant position when carrying out measures to reduce staff or the number of employees. The proposed job must be located in the same enterprise and correspond to the qualifications of the employee. The employee must be offered all vacancies that correspond to his qualifications or work for an absent employee who is on long-term treatment, on a business trip, parental leave, etc. The suitability of the proposed job for the employee’s qualifications is determined based on qualification category- for working professions and level of education - for employees.

The employer, when offering another job, must indicate job responsibilities employee and wages. The employer is obliged to offer vacancies to an employee with whom the employment contract is terminated not only on the day of notification of the layoff, but also during the period that remains before the layoff. Non-compliance this condition indicates the employer’s dishonest fulfillment of the duties assigned to him for the employment of the laid-off employee.

Each employee subject to layoff must be notified in writing about this at least two months before the proposed dismissal.

The employee must sign the notice of layoff with his own hand; if the employee refuses to sign the notice, the employer draws up a corresponding act. The countdown to the reduction begins on the day following the day of notification. According to current legislation, the notice must contain the exact date release.

The employer has the right to terminate the employment contract with the employee before the expiration of the period specified in the notice. In this case, the employee is paid compensation in the amount of average earnings, calculated in proportion to the time remaining before dismissal. Termination of an employment contract early at the initiative of the employee is unlawful.

Termination of an employment contract with the chief accountant, deputy manager and manager when the owner of the organization's property changes - guarantees (Article 181 of the Labor Code of the Russian Federation).

When terminating the employment contract with the chief accountant, the head of the organization and his deputy, the new owner is obliged to pay compensation to these persons. The amount of such compensation cannot be less than 3 times the employee’s average earnings.

The new owner has the right to terminate employment contracts with the above-mentioned employees for three months from the moment he acquires the right to the property of the enterprise (organization) (Article 75 of the Labor Code of the Russian Federation).

Securing guarantees and compensation for termination of employment contracts is aimed at providing assistance to persons losing their jobs and wages. When an organization is liquidated, its staff or number of employees is reduced, the assistance of a labor lawyer is support for those being laid off, a guarantee of compliance with the legality of the reduction and payment of all appropriate benefits.

change of essential terms of the employment contract

Sincerely,
Victoria Demidova, lawyer.

With employees is the closure of an enterprise or organization. Such liquidation is usually associated with bankruptcy and insolvency of the employer.

According to Article 180 of the Labor Code, all employees of an enterprise or organization receive from management written notice about the upcoming liquidation. Having received such a document, the employee may be dismissed early. However the initiative in this case must come from the employer, and only the employee’s consent is required. Employees do not have the right to demand termination of employment contact after receiving notice.

The legislation establishes a certain procedure for notifying employees about the upcoming closure of an organization or enterprise. if two months before the termination of employment contracts, all employees without exception receive. Having received this document, the employee must certify it with his signature and indicate the date of review.

If we are talking about terminating a fixed-term contract, employees must be notified a week before the upcoming dismissal.

And for seasonal workers, the period between notice and dismissal is only three days.

Obviously, leaving work may be of more interest to employees who have entered into open-ended contracts with the employer. For them, the waiting period for final payment, as mentioned above, is two months.

To save yourself time searching for a new job, it is more advisable to leave the closing enterprise as soon as possible after receiving notification from the manager.

Employee initiative

The employee’s initiative in this case is expressed in the submission of written consent (application) to terminate the employment contract. This document is handed to the manager, after which he has the right to issue and start the process of early dismissal.

The result of such care will be the receipt of all payments required by law, including additional ones. Compensation is calculated taking into account the days remaining before mass dismissal and in proportion to the employee’s monthly salary. The main benefit for the employee in this case lies precisely in receiving such compensation. The sooner he leaves, the larger the amount will be accrued by the accounting department.

Employer initiative

The employer’s initiative in this case is present by default, that is, it is the employer who initiates the creation of a special commission that has the right to terminate employment contracts with all working personnel without exception. Preferential categories do not have any privileges in this process.

Important condition For dismissal, there is a written decision of the founders.

Based on the decision received, a liquidation commission is created, and the manager sends notifications to employees. After two months after sending the notifications and on the basis of the corresponding order issued by management, labor contacts with all members of the team are terminated.

Employees who otherwise have the right to avoid dismissal will also be dismissed as the enterprise or organization completely ceases its activities (closes).

If we are talking about reorganization, preferential categories of employees must remain as part of the working staff. They can leave only on their own initiative, having submitted written consent to the employer.

How to write a statement to an employee?

To express a desire to leave early, an employee must fill out an application and submit it to the management of the organization or enterprise, thereby expressing your consent to the early termination of the employment contract.

The legislation does not provide for a single form (unified form) for such cases. Therefore, the document is drawn up in free form by hand or in electronic format. It should contain:

Full name of the organization or enterprise, full name of the manager and his position (for example, director).
Information about the employee submitting this document (full name, position).
The date of the application is also indicated.
The upcoming liquidation of the enterprise or organization and receipt of the corresponding notification from the manager are indicated as the basis for termination of the employment contract (entered registration number notification and the date of its preparation). If you indicate the reason for dismissal own wish, the employee will not receive additional payments.
Below, the employee indicates the day on which he wishes to stop labor Relations with the specified employer.
Below is a signature with a transcript ( full name and patronymic, written by hand).

The document drawn up in this manner is handed over by the employee to the manager or representative of the liquidation commission.

Dismissal procedure

After management makes a decision to close an organization or enterprise, the following sequential actions are taken (according to Article 62 of the Civil Code, paragraph three):

The founders create a special commission that deals with all issues of liquidation and termination of employment contracts with working personnel. Its chairman oversees the entire process, monitoring compliance with deadlines and the order specified in labor legislation.
The chairman issues orders on personnel. After which, the personnel department draws up and sends to all employees notices of the upcoming termination of employment contracts, already signed by management.
Employees must receive notice two months before the actual dismissal.
These documents are signed by the employees, and if the employee refuses to sign, a separate act is drawn up, which is then added to his personal file.
After signing the notice, any employee has the right to apply for voluntary and early resignation.
Having completed the application, the employee submits it to the manager. In this case, the document must be registered in a special accounting book.
Having considered the application, the manager imposes his resolution on it and instructs the personnel service to prepare an order.
The order indicates the number and date of the application submitted on a voluntary basis by the employee as the basis for termination of the employment contract. The date of the upcoming dismissal is also indicated here.
Based on the issued order, the personnel department and accounting employees accrue all payments required by law.
The funds are issued to the employee on the last day of work, along with certificates of the amount of insurance contributions and income for the last two years (if the employee requires them).

The amount of accrued payments depends on whose initiative it was terminated labor contract.

Upon dismissal on a general basis (together with the rest of the staff) on the initiative of the manager, the employee will receive:

How to correctly carry out the dismissal procedure in connection with the liquidation of an organization, what costs may result from an incorrectly carried out dismissal procedure in connection with the liquidation of an organization. Is it possible to terminate an employment contract early during the liquidation of an organization? You will find answers to these and other questions in the article.

In conditions of a financial crisis, the issue of dismissal of employees due to the liquidation of an organization is the most pressing for the employer. But even now, when the economic situation in the country has more or less stabilized and the massive layoff of workers has stopped, this issue has not lost its relevance.

Dismissal due to the liquidation of an organization is a very complex procedure, not only formally, but also morally, for both the employee and the employer. This procedure contains many nuances that must be observed in order to get out of this situation with dignity.

Dismissal due to the liquidation of an organization is one of the clauses of the article of the Labor Code of the Russian Federation on termination of an employment contract at the initiative of the employer. Clause 1 of part one of Article 81 of the Labor Code of the Russian Federation states: an employment contract can be terminated by the employer in the event of liquidation of the organization or termination of activities by an individual entrepreneur. It should be said that Federal Law No. 90-FZ of June 30, 2006 excludes employers-individuals who are not individual entrepreneurs from this paragraph.

Because Labor Code does not disclose the concept of “liquidation of an organization”, then in this case it is necessary to use the norm of civil law. Part 1 of Article 61 of the Civil Code of the Russian Federation states that “liquidation of a legal entity entails its termination without the transfer of rights and obligations by way of succession to other persons.”

How to act to avoid making a mistake

First of all (no later than two months before the start of the relevant activities), it is necessary to inform the employment service authorities about the upcoming mass layoff of workers, indicating in the message the position, profession, specialty and qualification requirements to them, the terms of remuneration for each specific employee (Clause 2 of Article 25 of the Law of the Russian Federation “On Employment of the Population in Russian Federation»).

The employee must be notified personally and against signature at least two months in advance about the upcoming dismissal due to the liquidation of the organization (termination of activities by an individual entrepreneur) (Part 2 of Article 180 of the Labor Code of the Russian Federation). And this is where employers very often make a mistake. Let me explain which one exactly.

Unfortunately, the legislation does not contain information on the form in which the employer must warn the employee about the upcoming dismissal. But at the same time, Part 2 of Article 180 of the Labor Code of the Russian Federation clearly states that the employee must be personally warned about the upcoming dismissal, i.e. personally. The employee must confirm that he has read the notice of impending dismissal by signing the document.

In this regard, I would like to warn employers against the difficulties associated with an incorrect employee notification procedure. You should not send notice of your upcoming dismissal by registered mail, because... This is a very controversial notification option. The law tells us that the employee must personally familiarize himself with the notification received by affixing his signature, but how will you know whether he signed the notification or not if you send the notification to the employee by letter. And in this case, it does not matter at all that the employee received the letter. Yes, he may have signed for the letter, but this is not a guarantee that he read it. Therefore, it is not unconditional proof that the employee was informed of the upcoming dismissal.

As a rule, the employees who have to be searched for in the event of a decision to liquidate an organization are women on maternity or child care leave. The practice has developed that as soon as an employee goes on one of these vacations, he immediately changes his phone number, or even better, his place of residence, forgetting to inform the employer about it. And nothing can be done about it, because no one has canceled the constitutional right to freedom of movement. But believe me, he is not hiding from you, he is simply living his life while on legal leave. However, it is necessary to find the employee and you will have to put a little effort into this. First, you need to try to reach the employee. If an employee has changed his phone number, you can try to find out the new number from someone with whom he communicated at work. You can write a letter to the employee’s place of permanent registration, where his parents or immediate relatives most likely live, with a request to inform the employee about the urgent need to contact the employer. There are many ways, the main thing is to use them correctly.

If an employee came to receive a notification, but refused to sign it, an appropriate mark is made on the notification, and a document of refusal is drawn up in any form.

What costs may result from an incorrectly carried out dismissal procedure in connection with the liquidation of an organization?

If disagreements arise with the employee upon dismissal and he has questions about the contents of the documents being signed, the employee can file a complaint with the court, the prosecutor's office or the labor inspectorate, which will entail the employee's reinstatement at work, payment for forced absence, payment for moral damages, payment legal costs, and the court will also ask you to carry out the dismissal procedure from the very beginning, starting with notifying the employee of the upcoming dismissal two months in advance.

Early termination of an employment contract upon liquidation of an organization

With the written consent of the employee, the employer has the right to terminate the employment contract with the employee before the expiration of the two-month period, paying him additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal (Part 3 of Article 180 of the Labor Code of the Russian Federation).

Severance pay

Parts 1 and 2 of Article 178 of the Labor Code of the Russian Federation say that employees dismissed due to the liquidation of the organization are paid severance pay in the amount of average monthly earnings, and they also retain their average monthly earnings for the period of employment, but not more than two months from the date of dismissal . In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

During the crisis, the number of workers laid off due to the liquidation of the organization increased several times. At the same time, not everyone knows what guarantees are provided by Russian labor legislation for this reason for dismissal.

What is “liquidation”
As the first basis for termination of an employment contract at the initiative of the employer, the Labor Code of the Russian Federation provides for the liquidation of an organization or termination of activities by an individual entrepreneur (Clause 1, Part 1, Article 81).
Labor legislation does not provide a clear formulation of what liquidation of an organization means.” Therefore, applying the norm l. 1 tsp. 1 tbsp. 81 of the Labor Code of the Russian Federation, it is necessary to use the provisions of the Civil Code of the Russian Federation. determining the procedure for the creation, transformation and liquidation of legal entities.
Article 61 of the Civil Code of the Russian Federation provides: the liquidation of a legal entity entails its termination without the transfer of rights and obligations in the order of succession to other persons.
The decision to liquidate a legal entity can be made by its founders (participants) themselves, or by a body of the legal entity authorized to do so by the constituent documents, or by the court. Resolution of the Plenum Supreme Court RF dated 17.03-2004 No. 2 On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" focuses on the fact that it does not matter who and on what basis liquidates a legal entity that is an employer; the very fact of liquidation of the organization is important.

In the event of a dispute about the legality of dismissal, it is the employer who is obliged to prove the actual termination of the organization’s activities.

In practice, it happens that people are fired on this basis, although in fact the organization is not liquidated, but, for example, merged with another legal entity. At the same time, an entry is made in the Unified State Register of Legal Entities about the termination of the activities of the affiliated legal entity, but this is not liquidation, but reorganization with succession. Therefore, dismissal at the initiative of the employer should be carried out according to clause 4, part 1 of Art. 81 of the Labor Code of the Russian Federation ““change of owner of the organization’s property”; and, by the way, in this case only the head of the affiliated organization, his deputies and the chief accountant can be dismissed.

Self-destruction
As already mentioned, voluntary liquidation is carried out by decision of the founders (participants) or an authorized body. Simultaneously with the adoption of a decision on liquidation, the founders (or participants) of the organization or the relevant body are required to appoint a liquidation commission or liquidator (Clause 2 of Article 62 of the Civil Code of the Russian Federation). From the moment the liquidation commission is appointed, all powers to manage the organization, including the dismissal of employees, are transferred to it. During voluntary liquidation, the head of the company is usually included in the commission and most often is its chairman, and therefore retains the right to sign organizational and administrative documents, including those related to dismissal.

The employer is obliged to notify the employment service authorities in writing about the upcoming termination of employment contracts in connection with the liquidation of the company. Moreover, this must be done no later than two months before the start of the relevant activities, indicating the positions, professions, specialties of those being dismissed, as well as the qualification requirements for each of them and the conditions of remuneration (clause 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 -On employment in the Russian Federation").

on practice
ILLEGAL DISMISSALS IN CONNECTION WITH ENTERPRISE BANKRUPTCY
Often, employers intend to disparage employees, but clause 1, part 1 of Art. 81 of the Labor Code of the Russian Federation from the moment the organization is declared bankrupt, which is not legal. This is confirmed by the ruling of the Supreme Court of the Russian Federation dated July 11, 2008 No. 10-B08-2.
The Supreme Court of the Russian Federation drew attention to the fact that the rules in in the prescribed manner or declaring a person bankrupt means the liquidation of the organization, but entails only the beginning of the liquidation process, and, therefore, the termination of employment contracts with employees on this basis at the time the organization is declared bankrupt in this case should be considered unlawful, since in the end the enterprise was not liquidated.” -.
As follows from the case materials, by the decision of the Arbitration Court of the Kirov Region dated October 24, 2005, the FSUE Selmash Plant was declared insolvent (bankrupt) with the opening of bankruptcy proceedings. By the rulings of the Arbitration Court of the Kirov Region dated October 18, 2006. and on April 25, 2007, the bankruptcy proceedings period was extended until October 24, 2007.
Meanwhile, the arbitration court did not issue a ruling on the completion of bankruptcy proceedings against the Federal State Unitary Enterprise Sslmash Plant; the enterprise was not excluded from the state register. Thus, the liquidation of this enterprise at the time of the dismissal of citizen G., who filed a claim to declare the dismissal illegal, was not completed. Under these circumstances, termination of the employment contract with the plaintiff under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation cannot be considered lawful.

Warn in a timely manner!
The liquidation commission must comply with the requirement of Art. 180 of the Labor Code of the Russian Federation: no later than two months before dismissal, notify the organization’s employees about this (personally and against signature!). You can give a longer notice; this is not a violation of the law.
Please note: the conversation should be conducted with each individual. Announcement of dissolution on general meeting labor collective organization or even a structural unit is not personal.

If liquidation is carried out forcibly, for example, in accordance with Federal Law No. 127-FZ dated October 26, 2002 On Insolvency (Bankruptcy),” then the appointed bankruptcy trustee must notify the debtor’s employees of the upcoming dismissal no later than within a month from the date of commencement of bankruptcy proceedings (paragraph 4, paragraph 2, article 129 of the said law). The warning period in this case is counted from the date of notification and according to the rules of Art. 180 Labor Code of the Russian Federation. It is the bankruptcy trustee who has the right to dismiss employees of the debtor organization.

In relation to certain categories of employees, notice periods for dismissal under clause 1. Part 1 of Art. 81 of the Labor Code of the Russian Federation are reduced:
- those who have concluded an employment contract for a period of up to two months are notified at least three calendar days in advance. 292 Labor Code of the Russian Federation);
- seasonal workers - no less than seven calendar days (Article 296 of the Labor Code of the Russian Federation).

Conflict of regulations
Part 4 art. 81 of the Labor Code of the Russian Federation equates the termination of the activities of a branch, representative office or other separate structural unit of an organization located in another area to the liquidation of an organization, and thereby to a certain extent comes into conflict with civil legislation. In paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” it is stated that structural units should be understood as branches, representative offices, as well as departments, workshops, sections, etc. .

This interpretation is not indisputable, since a legal entity is considered liquidated only after making an entry about it in the Unified State Register of Legal Entities, and in the event of liquidation of a structural unit this does not happen. In addition, a structural unit enters into an employment contract with an employee not on its own behalf, but on behalf of a legal entity, which does not make it an independent employer.

NORMATIVE BASE

Civil Code of the Russian Federation: el.25, 61, 62. Labor Code of the Russian Federation: Art. 81. 178, 180, 292, 296,407,318.
■ Law of the Russian Federation of April 19, 1991 N 1032-1 “On employment in the Russian Federation”.
■ Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)”.
■ Decree of the President of the Russian Federation dated November 5, 1992 No. 1335 “On additional measures for social protection pregnant women and women with children under three years of age, dismissed due to the liquidation of the organization.”
■ Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”

To liquidate a branch or representative office, the employer must make changes to constituent documents organization, which makes the liquidation procedure formal and quite transparent. When workshops and departments are liquidated, “garbage is not taken out of public,” and the employer has a real opportunity, in violation of labor laws, not to provide the laid-off workers with the required guarantees and compensation. It happened that enterprises formed workshops from unwanted workers by moving or transferring them from their “native” departments, and then simply liquidated these structures entirely, without offering people other vacant positions. It happened that pregnant women ended up in such “penalty battalions” - the Labor Code of the Russian Federation allows expectant mothers to be fired due to liquidation, while the employer is not obliged to employ them.

Guarantees and compensation
In connection with the dismissal of employees on this basis, the Labor Code of the Russian Federation provides a number of guarantees and compensations.
1. Employees are warned about the upcoming dismissal personally and against signature no later than two months before dismissal. With the written consent of the employee, the employer has the right to terminate the employment contract with him before the expiration of a two-month period, paying 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 (Article 180 of the Labor Code of the Russian Federation).
2. Upon termination of the employment contract, the dismissed person is paid severance pay in the amount of average monthly earnings, and he also retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal. This decision accepted by the employment service body, provided that within two weeks after dismissal the employee applied to this body and was not employed by it (Article 178 of the Labor Code of the Russian Federation).
3. Seasonal workers Art. 296 of the Labor Code of the Russian Federation provides for the payment of severance pay in the amount of two weeks’ average earnings.
4. An employee dismissed from an organization located in the Far North and equivalent areas is paid a severance pay in the amount of average monthly earnings. He also retains his average monthly salary for the period of employment, but not more than three months from the date of dismissal (including severance pay).
In exceptional cases, the average monthly salary is retained by the specified employee for 4.5 and 6 months from the date of dismissal by decision of the employment service body, provided that in month period after dismissal, the employee contacted this body and was not employed by it. Payment of severance pay is made by the employer at the previous place of work at his expense (Article 318 of the Labor Code of the Russian Federation).
5. Clause 2 of the Decree of the President of the Russian Federation dated November 5, 1992 No. 13352 established that if a woman with a child under three years of age was fired due to the liquidation of organizations and was not employed by the employment service, then the social protection authorities assign her monthly compensation payments. This payment is made from the federal budget.

IF THE EMPLOYER IS AN IE

If the employer was individual, registered as an individual entrepreneur, then the employment contract with the employee can be terminated under clause 1, part 1, art. 81 Labor Code of the Russian Federation.
In particular, this article applies in the event of termination of the activities of an individual entrepreneur:
- on the basis of his own decision;
- as a result of his being declared insolvent (bankrupt) by a court decision (clause 1 of Article 25 of the Civil Code of the Russian Federation);
- due to the expiration of the state registration certificate;
- upon refusal to renew a license for certain types of activities.
The notice period for dismissal, as well as the amount of severance pay, are determined by the employment contract (Part 2 of Article 307 of the Labor Code of the Russian Federation).

It is important
Those who have concluded an employment contract for a period of up to two months are not paid severance pay upon dismissal, unless otherwise established by federal laws, a collective agreement or an employment contract (Article 292 of the Labor Code of the Russian Federation).
The part-time employee is paid severance pay in the amount of average earnings. Average earnings for the period of employment he is not retained, since, having his main place of work, he does not need employment.

Help
COMPETITION PROCEEDINGS (CP) about the nonsense of bankruptcy, applied to a debtor declared bankrupt by an arbitration court, in order to proportionately satisfy the claims of creditors. By declaring the debtor bankrupt and opening a bankruptcy settlement, the arbitration court appoints a bankruptcy trustee, to whom all powers to manage the debtor’s affairs are transferred, including the authority to dispose of his property. The bankruptcy trustee collects the bankruptcy estate (all the debtor’s property available at the time of opening and identified during the bankruptcy process). For this purpose, he makes demands on third parties who have a debt to the debtor, takes measures aimed at searching, identifying and returning the debtor’s property held by third parties, as well as other necessary measures.
The bankruptcy trustee considers the claims of creditors. Disagreements between creditors and the manager regarding the amount of claims and the order of their satisfaction are considered by the arbitration court.
After the sale of the debtor’s property, the bankruptcy administrator makes settlements with creditors in order of priority, established by law, and having completed the calculations, submits to the arbitration court a report on the results of the CP (Based on materials from the “Legal Dictionary”)

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Project work is a well-known and popular term in recent years. But it also poses many risks for employers. It is no coincidence that an employment contract for a project is one of the most difficult topics for business.
How to terminate a fixed-term employment contract at a “maternity rate”?
While one of the employees is on maternity leave and then on maternity leave, you open a “maternity” rate. But sooner or later the main worker returns, and it’s time to part with the temporary one.
Transfer of an employee to another unit within the city boundaries
Let's consider in what cases a company has the right to unilaterally change the terms of an employment contract and transfer an employee from one structural unit to another when they are located in different parts settlement.
How to correctly transfer an employee from a part-time job to his main place of work?
A common situation: an employee who worked for you on a part-time basis brought work book because I quit my other job. And now you are his main employer. There is only one detail left - to re-register it. In practice, this is done periodically...
Employment contract with the director: to be or not to be?
The Ministry of Finance of Russia and Rostrud are confident that an employment contract with the director - the sole founder of the company cannot be concluded, since there are no labor relations. However, the Russian Ministry of Health and Social Development, foundations and judges have a different opinion. As a rule, an employment contract with a manager...
Creative worker: features of labor relations
Creative workers are subjects labor law Therefore, they are subject to the provisions of labor legislation, labor and collective agreements, as well as agreements and other legal acts. Let's consider the regulatory regulation of the labor of creative workers. The Labor Code does not contain a clear definition...
Agreement with a regional representative
Depending on a number of conditions that will be discussed in the article, either a civil contract (a contract for paid services/a contract, an agency contract) or an employment contract can be concluded with a regional representative. The article is published in…
Agency labor and its imminent ban. How to work in new conditions
It is no secret that many employers attract workers from outside. However, with next year agency work will be prohibited. How to work in new conditions, read the article. The article is published as part of the collaboration HRMaximum...
Employment contract with the manager
When hiring a manager, who at the same time is the only participant in the company, the question very often arises: is it necessary to conclude an employment contract with him? Some experts insist that an employment contract cannot be concluded with oneself. However, this is a false statement.
Hiring a manager
Registration of the hiring of the head of the organization takes place according to general rules, established by the Labor Code, with some features. A number of these nuances are associated with a fairly common situation when the head of an organization (general director, director) is at the same time its only shareholder or participant.
Fixed-term employment contract
A fixed-term employment contract, by its legal nature, is more convenient form for the employer, therefore, often in pursuit of the benefits of such an agreement and the desire not to commit themselves to an employment relationship with an employee for an indefinite period, employers forget about the nuances of concluding and terminating this type of agreement.
Seasonal worker - personnel issues
When hiring a seasonal worker, you need to pay attention not only to the main provisions that should be indicated in the employment contract with such an employee, but also to the procedure for providing basic and additional leave, as well as maternity leave.
Violations of labor laws when hiring
Job vacancies in many organizations set certain requirements: age restrictions, presentable appearance, and sometimes even the presence of children. Refusal to hire based on these parameters is a violation of labor laws.
How to register a student intern for the summer
So we have sleepless nights and mountains of notes behind us, the results of the next session have been summed up, the time has come for the long-awaited vacation, but not for all students. Some of them are heading to industrial practice. How to formalize a relationship with an intern? Is it necessary to conclude an employment contract? Is the student entitled to any payments?
We draw up an additional agreement to the employment contract
In modern conditions, employers have to quite often make changes to the employment contract. In some cases, the Labor Code obliges to conclude such an agreement. Therefore, it is important to treat the preparation of an additional agreement with full responsibility. Our article will help you decide on the format of the agreement and the wording of the necessary changes or additions.
We formalize labor relations for the season
There are a number of features that need to be taken into account when hiring seasonal workers. If this is not done, then contract of employment for a season can be qualified as a contract concluded with an employee for an indefinite period... For information on how to correctly draw up an employment contract with seasonal workers and what to pay attention to first, read the article
Employment contract with the employee
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor standards...
Collective agreement: Rules for concluding
Regulation of labor and other relations directly related to them can be carried out by concluding, amending, or supplementing collective agreements by employees and employers (Article 9 of the Labor Code of the Russian Federation). Sometimes this is understood as an opportunity to include provisions in collective agreements that do not comply with the standards established by the Labor Code of the Russian Federation and other laws. What is a collective agreement and what are the rules for concluding and amending it, we will tell you in this article.
Termination of an employment contract by agreement of the parties
Dismissal by agreement of the parties - Code in Art. 78 identifies the agreement of the parties as independent basis termination of an employment contract: such a contract can be terminated at any time by agreement of its parties. Termination of an employment contract on this basis is possible only in the event of a concerted expression of the will of the employer and employee aimed at terminating the employment contract.
Features of a fixed-term employment contract
An employment contract is the main document concluded between an employer and an employee when hiring. According to Art. 56, an employment contract is considered an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work...

Sometimes students turn to the head of the institution educational institutions with a request to undergo production or pre-graduation practice in this institution. Some employers agree to look at potential candidates, while others refuse due to the fact that the specialties obtained by graduates do not always correspond to the demand of organizations, as well as a lack of understanding of the status of a student undergoing internship in an organization.
If the employee refuses to sign an employment contract
How to protect yourself and what to pay attention to to avoid problems, says this material. The author shares his experience on the issue of drawing up employment contracts from the point of view of regulatory authorities, focusing on the attitude of the employer himself, which often leads to controversial situations.
Termination of an employment contract due to the death of an employee, recognition of him as dead or missing
Who should sign an employment contract with a hired director on behalf of the organization?
The employment contract with the employee does not specify a probationary period.
Is it possible to install probation an order for employment, familiarizing the employee with it?
How to correctly conclude a civil contract instead of an employment contract?
When hiring a new employee, they decide on the possibility of hiring him under a civil law contract for legally to reduce the organization's tax costs and obtain other benefits. What benefits are we talking about?