Reduction of staff is a dismissal in connection with the liquidation of the workplace, which takes place according to certain rules. This procedure differs significantly from the simple termination of the employment contract, which clearly interprets the labor code. Staff reduction occurs when an organization has to switch to a saving mode, for example, when changing leadership or changing the type of activity.
Regardless of the reasons why there is a reduction in staff, there are a number of articles in the labor law that protect the rights of workers who are subject to reduction. To begin with, the employee must be notified of the termination of employment with him at least two months before the upcoming dismissal. This time is necessary for a person to start looking for a suitable job.
Staff reduction is also selective. The advantage should be given to workers who have minor children, those who alone support the whole family, single mothers, spouses of military personnel. If a woman is in a position, then she can’t be cut at all, you can only spend flowers on maternity leave.
After two months, upon dismissal of a staff reduction employee, a corresponding entry in the workbook is entered. And the shortened employee must receive the payments due to him. These include: wages for the last month, compensation for unused vacation,
severance pay in the amount of average monthly earnings. Payments other than salaries are not taxed. That is, a person must receive the amount accrued. If the employee has not worked enough, he will only count the payment for the worked period. If an employee falls ill within 30 days after the dismissal, then his sick leave also pays for the previous employer. It happens that a former employee cannot find a job that meets his qualifications - he is entitled to another average monthly income. If a person after the deadline goes to the labor exchange, he receives benefits in the amount of 70% of his salary. There are several nuances: an employee may be offered another place or position with a lower salary. In case of refusal, payments will be many times less.
But where did you see the leaders who would comply with
labor laws and legally formalize the dismissal of a layoff employee? To begin with, the official salary in 80% of cases is minimal. Therefore, in the event of any situations, payments will be made on the basis of the “white” wage. The same applies
to unemployment benefits. You should not hope for more. But many even feel sorry for this, so they force employees to write a statement of their own free will. In this case, everyone understands that there will be no payments. What to do in such a situation?
If you are a simple employee working in a large enterprise and who fell under staff reduction, it makes sense to file a complaint with the labor dispute committee. With large enterprises it is easier to knock out at least some money. If the company is small or it is a private entrepreneur, then you can go to court. But it is worth remembering that a court can be won only if the company has not declared itself bankrupt. Otherwise, as practice shows, this is useless. But even if successful, one hundred percent payments should not be hoped for.