Companies can be closed for various reasons, for example, when the goal of opening is achieved, when profitability is low, or when managers change their plans. Company liquidation is considered a specific and complex process. During the liquidation of the organization, the dismissal of employees is carried out, and the company's leaders must accurately follow certain requirements of the Labor Code so as not to violate the rights of hired specialists. Difficulties arise in the dismissal of workers belonging to vulnerable categories of the population.
Stages of dismissal
When an organization is liquidated, the dismissal of employees is a mandatory process, but during its implementation, employers often encounter many difficulties. They must follow the correct sequence of actions:
- initially, a decision is made regarding the need to close the enterprise, which is recorded during the meeting of the founders;
- notification of the planned dismissal of specialists and the closure of the company is sent to the employment center;
- A notification is also provided to the union, if it exists in the organization;
- notifications are generated for each employee of the company, and familiarization is carried out on signature;
- orders are prepared by employees of the personnel service, on the basis of which the company's specialists are dismissed;
- Settlements are made by the financial department, on the basis of which employees are paid severance pay, wages, vacation compensation and other payments;
- appropriate marks are entered in the labor books of specialists indicating that citizens are dismissed on the basis of the liquidation of the organization;
- a written notice on the dismissal of employees is sent to the employment service.
During the implementation of each stage, certain documentation is prepared, certified by the signature of the head of the organization.
If the process is carried out by an individual entrepreneur, then a notice is sent to the employment service if more than 15 people leave.
Notification Rules
The dismissal of employees in connection with the liquidation of the organization is considered a mandatory process, but to prevent various problems associated with the violation of the labor rights of workers, it is necessary to notify them in a timely manner of the planned process.
At the closure of the organization, employment relations with all employees are terminated. Citizens on sick leave or on vacation are no exception. Each dismissed employee is given a notice of termination of employment. The rules of this process include:
- a notice must be given to all employees two months before immediate dismissal;
- if a specialist has worked in the company for less than 60 days, then he can be informed about the planned event three days before the immediate termination of the employment contract;
- the notice period for seasonal workers is 7 days;
- often, employees want to terminate their employment ahead of schedule, and they can expect compensation equal to the average monthly income, and the employer should not refuse such a desire;
- often, company leaders are faced with the fact that certain employees refuse to sign a notification, therefore a rejection act is drawn up, which indicates the time and date, as well as the reason for such employee behavior;
- it is advisable to send a notification by mail with a notice of delivery.
The dismissal of an employee during the liquidation of an organization is fraught with many difficulties, so the employer must be well versed in the nuances of this process. Only if the director of the enterprise will have evidence that the employees were notified of the dismissal in a timely manner, it will not be possible to apply different sanctions.
What documents are prepared?
Dismissal in connection with the liquidation of the organization is accompanied by the need for the employer to prepare certain documentation. It includes paper:
- notifications drawn up for each dismissed specialist;
- the dismissal order, which lists all citizens with whom terminated employment agreements;
- in addition, an entry is made in the work books of employees;
- information is indicated in the personal cards of specialists.
On the day of dismissal, a special order is drawn up by the employer, listing all employees who are dismissed from the company. Additionally, an individual document can be drawn up for each employee in the form of T-8. With the dismissal order upon liquidation of the organization should be familiar to all employees of the enterprise. Additionally, they sign this document. If any employee refuses to sign the order, then the corresponding mark is put in the document.
Simultaneously with the preparation of the order, the employees of the accounting department make calculations to determine how much money will be paid to each dismissed specialist.
Union Alert
If the company has a trade union organization, then it must be notified of what will happen when the organization is dismissed. The procedure is performed three months before the scheduled event.
By law, such a process is mandatory, but even if the deadline for the notification is violated, the union will not be able to influence the dismissal of specialists in any way. But at the same time, different penalties for violation of the provisions of the Labor Code may be applied to the company.
Employment Center Notification
The dismissal of employees in connection with the liquidation of the organization is considered a significant event, which requires notification of the employment service. The procedure is carried out two months prior to the immediate termination of contracts with employees of the enterprise.
A written notice is drawn up to notify the employment center. If the company has less than 200 specialists, then the document is sent to the institution a month before the termination of the employment relationship.
Nuances of severance pay
Mandatory is dismissal in connection with the liquidation of the organization. Payments to employees include not only salaries for hours worked and vacation compensation, but also severance pay.
Severance pay is represented by the average earnings of a specialist at work, multiplied by two. Often, other payments are included in this amount:
- non-received specialist bonuses at work;
- overtime pay;
- compensation provided by the labor agreement.
If the allowance is assigned to seasonal workers, then for them it is equal to earnings during two weeks of work. If a specialist has been working for the company for less than two months, then he is not paid severance pay.
What is the mark in the work book?
Upon dismissal in the event of liquidation of the organization, necessary marks are necessarily put in the work books of the employees. The following information should be in the document:
- the reason for the termination of employment presented by the closure of the enterprise is indicated;
- reference is made to Art. 81 shopping malls;
- The position held by the specialist in the company is prescribed;
- the period during which the employee worked at the enterprise is given.
The work book with the correct mark is issued to employees on the last day of their work in the company. Often there is no opportunity to transfer the document this day, since the specialist is in another city or on sick leave, and often the citizens themselves refuse to take the document. In this case, to prevent various claims from state authorities, the following actions are taken by the employer:
- a notification is sent to the employee, indicating the need for him to obtain a work book;
- if a citizen agrees to receive the document by mail, then a book is sent to the employee's address with the help of a registered letter with delivery confirmation;
- if there is a refusal from a citizen, then an act is recorded in the accounting book, on the basis of which the citizen refused to receive the document by mail.
After performing the above actions, the employer only needs to wait until the employee independently arrives for the document. After the company closes, the book is sent to the archive together with other documents.
Rules for writing a notice
Upon dismissal during the liquidation of the organization, a properly prepared notice is necessarily sent to all employees in a timely manner. It is issued two months before the planned event. If this requirement is not met, the employer is held administratively liable, therefore, he pays a fine of 300 to 500 rubles, and the company itself pays a fine of 3 to 5 thousand rubles.
The notification form is not approved by law, so this document may be developed independently by the institution. But it necessarily includes the following data:
- Company name;
- the position of the employee, his full name and the department where he worked;
- details of the decision on the basis of which the liquidation of the company is carried out;
- contract termination date;
- grounds for termination of employment.
A document is issued exclusively for signature. It is made in duplicate, as one is issued to the employee, and the other remains in the company for storage.
The specifics of the dismissal of various workers
Employers must follow the correct step-by-step dismissal instructions when liquidating an organization. At the same time, the nuances of the termination of labor relations with some employees belonging to vulnerable categories of the population are taken into account.
All employees can be fired at the closing of the company, but the employer must make sure that some specialists are employed in another company. These employees include:
- pregnant women;
- women raising children under 6 years old;
- mothers who are involved in raising a child under 14 years old or a disabled child;
- single fathers;
- minor employees, and in addition they will have to obtain permission to transfer to another company from the children's affairs service.
The dismissal of pregnant women during the liquidation of the organization is carried out in the usual manner, but if possible, the employer must independently find a job for the woman.
The nuances of dismissing pregnant
For such women, the standard termination procedure is used. The dismissal of pregnant women during the liquidation of the organization takes into account the following rules:
- notify the employee two months before the official dismissal;
- it is necessary to find another place for a woman to work;
- if she refuses the proposed employment option, then the employer simply dismisses her in a general manner.
The liquidation of the company for pregnant women is an unpleasant moment, since they will not be able to expect to receive maternity benefits in the future. Therefore, they usually willingly agree with all the employment options offered by the employer.
Upon liquidation of the organization, the dismissal of employees on maternity leave is carried out in a general manner. Citizens are informed in advance about the procedure, after which they receive the required severance pay and work books with the necessary marks.
The nuances of the dismissal of managers
When closing the company, it is required to terminate labor contracts with all employees, which include the heads of the enterprise.
When these specialists are dismissed, additional bonuses are usually assigned, which can reach three times the salary.
What guarantees can layoff specialists expect?
Upon liquidation of the organization, the dismissal of employees is considered mandatory. Payments and guarantees based on the TC must be provided to each dismissed specialist. Therefore, citizens can count on the following important actions by the employer:
- appointment of severance pay, which depends on the size of the citizen's earnings;
- paid salary for all days worked;
- monetary compensation for vacation is calculated;
- certain workers may be employed by the employer;
- if the employee received an injury during the course of the activity, then he shall be paid material and moral damage;
- the allowance in the amount of the average salary is assigned for two months, but the third month is paid by the employment service if the citizen for this period of time could not find a place to work;
- if necessary, employees can quit in advance, while retaining the right to severance pay.
Upon liquidation of the organization, the dismissal of employees is considered an unpleasant process, both for management and for direct employees. The company's management should provide employees with all the necessary guarantees.
Responsibility for breaking the law
Often, employers are poorly versed in the requirements of the Labor Code, therefore, they illegally dismiss workers when they close the company. Under such conditions, there may be the following negative consequences for the employer:
- the dismissal of an employee in the event of liquidation of the organization may be challenged in court;
- the employer is brought to administrative responsibility, so he will have to pay a significant fine;
- the employee may claim compensation for non-pecuniary damage.
The main violations include:
- the notification was sent later than the deadline;
- the necessary payments to specialists were not accrued;
- orders are not provided for signing to employees;
- a book with violations is issued;
- it turns out that management fictitiously conducted the liquidation of the company;
- there are errors in the entry made in the employee’s work book.
Often the closure of the company is associated with the death of the CEO. In this case, citizens quit, not because of the liquidation of the organization, but because of circumstances beyond the control of the parties.
How to challenge the legality of dismissal?
If the employee believes that he was fired with violations of the Labor Code, then he can challenge the termination of employment. For this, within a month after the termination of the contract, a lawsuit is filed with the district court at the location of the company where the applicant previously worked.
If a period of one month is missed for valid reasons, the court may reinstate it.
The claims include the appointment of an employee compensation for non-pecuniary damage. If the company was completely liquidated fictitiously, then the plaintiff may insist on reinstatement at the place of work, and the company must compensate for any forced absenteeism from the moment of dismissal.
If the employer was an individual entrepreneur, he may be prosecuted in court even after the individual entrepreneur closes. If a laid-off employee worked in a company with the status of a legal entity, then funds can be transferred from the material and financial assets of the enterprise. In addition, money can be recovered from the responsible persons of the company, which include the director, deputy or chief accountant.
Conclusion
The closure of any organization is considered a specific process, accompanied by the need to dismiss all employees of the company. The employer must perform this procedure, taking into account the numerous requirements and rules, otherwise he may be held liable for violation of the provisions of the Labor Code.
The head of the company must take into account the status of employees upon dismissal, as some employees are required to immediately find a new place for employment. It is important to correctly compose notifications that are handed over to the employees, labor inspectorate and the trade union on time.