The recent crisis has led to a state of stupor of many who are doing business in our country. In order to preserve it, sometimes you have to sacrifice something: cover up any type of activity, merge several companies into one, bankrupt the already unprofitable company, reduce wages or reduce the number of employees.
And if all these anti-crisis measures are carried out competently, and most importantly, on time, then you can stay afloat and make new plans.
If the employer nevertheless decided to reduce the number of employees in his organization, then he is required by law to warn no later than two months before their dismissal, and at the end of the employment relationship to pay them a mandatory severance pay.
Thus, having decided to reorganize or liquidate his enterprise, the employer first of all issues an order to reduce the staff of employees, justifying this need in it. Then, after two months, the head issues another order, which should indicate the specific names of those who fell under the reduction. On the same day they are given severance pay, as well as work books and copies of the reduction order.
In addition, the dismissed employee retains the right to receive average monthly earnings for the period that he will be employed, but not more than two months. Sometimes this period is extended for another month, the decision on this is made by the appropriate employment service.
The severance pay, which is paid to the employee by the organization that reduced him, is his monthly salary. If immediately after the dismissal a citizen takes a new job, and within a month, then he does not retain the average earnings issued for the period of employment.
The severance pay is calculated as follows: first, daily average earnings are calculated, for which the total amount that was paid to the employee for the year is divided by the number of days actually worked for the same period. Received daily average earnings is then multiplied by the number of working days in the month following his dismissal.
Having determined the severance pay, the employer must, at the final settlement, pay the reduced employee and compensation for all unused days of his vacation. However, in this case, the average daily earnings are calculated a little differently.
At the same time, during the payment, the amounts that were given to the employee in accordance with the Regulation on the specifics of the calculation of salaries should be taken into account, namely, remuneration depending on the level of qualification of the employee, the complexity of the work performed, its quantity and quality, bonuses with a compensatory nature, incentive - bonuses and incentive amounts. Sometimes a labor or collective agreement provides for an increased amount of benefits, in which case the employer must pay it in that equivalent.
The severance pay for a reduction issued to an employee who was laid off earlier than the statutory period will be greater. In this case, in addition to the payments mentioned, this citizen will be entitled to additional compensation, the amount of which must be equal to the average earnings, which must be calculated from the actual day of dismissal until the day indicated in the notice of reduction.
If an organization reduces a person who has reached retirement age, then all compensation and guarantees are also retained. This is stated in the Labor Code of our country. A pensioner also theoretically has the right and opportunity to try to get a job in a specific period of time, so he should be paid all compensation and guarantees in the same way as other employees.