The content of the article
- What is a layoff layoff
- Grounds for dismissal
- Preferential rights of workers
- What categories of people are not subject to dismissal
- What are the benefits for reducing the employee in 2018?
- Severance pay
- Reduction compensation for unused vacation days
- Earnings for the full time before dismissal
- How to calculate benefits for employee reduction in 2018
- Severance Pay Formula
- Reduction payout – calculation example
- Duration of receipt of compensation payments during staff reduction
- How to extend the term of compensation
- Additional payments for staff reductions in 2018
All measures to protect the labor rights of the population are regulated at the level of legislation. If an employee falls under the reduction, the employer from his own budget, in a strictly designated period must make a full calculation. Compulsory payments upon reduction in 2018 should compensate the employee for all financial losses, the accrual procedure is regulated by the norms of the Labor Code. In addition to basic refunds, there are a number of additional periodic allowances valid for a certain period after dismissal.
What is a layoff layoff
Federal law does not exclude the case of dismissal of employees of an organization on the initiative of a manager. Staff reduction is an absolute method of optimizing activities in any enterprise. The legislation provides for cases when a mercenary holding a liquidated position, by transfer, has the right to receive another free place in the organization. There is a procedure for the reduction of staff, which must comply with the head.
It is necessary to notify the employee holding the relevant position for a period not later than 2 months before the intended date of dismissal. The employee is notified individually in writing for signature. If he refuses to sign the order, a waiver statement of the organization with the signatures of the employees is drawn up. Absence from work for a good reason is no exception to the rule.
Grounds for dismissal
There are various reasons for the reduction in the number of employees: reorganization of an enterprise, internal financial crisis, and, as a result, a temporary or complete absence of the need for a specific staff unit, liquidation of posts, reduction in the number of jobs. The decision on dismissal is made by the head of the organization on his own. For dismissal of an employee to be legal, the employer must document the current layoff.
Preferential rights of workers
If there is a liquidation of staff units, then a certain part of the work collective has pre-emptive rights to preserve their workplace. Labor legislation on the basis of Art. 179 of the Labor Code of the Russian Federation guarantees that employees with high qualifications and productivity, level of education, and the availability of professional skills are more likely to save a job.
If the qualifications of the employees are approximately the same, the position is more likely to be retained by the following citizens:
- those who are dependent on 2 people or more;
- those who undergo continuing education, not breaking away from production;
- those who received occupational disease, injury, injury in this work;
- disabled people, war veterans.
It is important to provide information for employees subject to dismissal about the need to present the necessary documents confirming the right to benefit. It is worth noting the category of citizens of retirement age. Payments for the reduction of a pensioner in 2018 are no different from the generally accepted ones, they do not have the privilege of maintaining a job.
What categories of people are not subject to dismissal
Under labor law, there are prohibitions on reduction. Situations for individuals not subject to dismissal:
- A person is on legal leave or on sick leave. If the employer decides to reduce the position held by the employee, the employee will be reduced upon termination of vacation or sick leave.
- Temporary disability postpones the date of dismissal.
- Pregnant women with children under the age of 3 years. Such employees are reassigned or retained until their end of the maternity leave period..
What are the benefits for reducing the employee in 2018?
The employer must comply with the strict norms of the Labor Code of the Russian Federation, it is important not only to legally terminate the employment relationship with employees, but also to fully accrue all due payments upon dismissal to reduce staff. The main and mandatory accruals for 2018: severance pay, compensation for unspent vacation, salary – are made according to the expiration date of the cooperation agreement. These payments for the period of subsequent employment help a person during the period of active search for a new job.
Type of cash payment – severance pay upon dismissal, is assigned to the employee in connection with the reduction, as compensation for subsequent lost income. The accrual is equal to the average monthly earnings of the employee. The severance pay upon dismissal for staff reductions is maintained for the period of further job search, for a period not exceeding two months from the date of reduction.
Reduction compensation for unused vacation days
The second guaranteed payment upon reduction is a cash refund for unused days of paid leave. If the employee in the same year in which the dismissal takes place has “non-scheduled” days of paid leave, this amount must be reimbursed to him in cash. The accrual occurs regardless of the reason for the termination of the contractual obligations of the employer with the employee. Compensation is subject to income tax, is added to the calculation of severance pay..
Earnings for the full time before dismissal
Upon dismissal by reduction, the employee is generally paid a salary for the actually worked days of the month. This earnings remains the main, constitutes the bulk of compensation. The remaining surcharges are calculated from the amount of this payment. The Labor Code of the Russian Federation, under any conditions of termination of the employment contract, guarantees compensation for this accrual. Full money paid on the day of dismissal.
How to calculate benefits for employee reduction in 2018
When deciding to reduce staff, it is important to correctly accrue all legal payments. When calculating compensation, the amount of earnings for one month is taken into account, the calculations are based on income for one day and the number of days worked, that is, with the exception of numbers when a person was sick or was on vacation. Using the example below, you can easily understand the calculation of payments while reducing in 2018.
Example. The main payments for the reduction are calculated as follows: the average earnings for one day is 1200 rubles, the actual number of days worked by the employee for the last working month is 25, the average salary for one month will be 30 thousand rubles. This amount of compensation will be charged. If the employment contract provides for additional cash bonuses for a certain amount of work done or the “13th” salary, the allowance also takes these amounts into account.
Severance Pay Formula
The amount of the severance pay in 2018 is calculated according to a simple formula: VP = RD * SZ, where VP is the sum of the severance pay, RD is the number of normalized working days in the month following the dismissal, SZ is the average daily earnings, which is determined from the formula:
- SZ = ГД / 730, where ГД – annual total income for the last two years.
Reduction payout – calculation example
Consider a good example of calculating the full amount of material compensation upon dismissal of an employee. Mikhail Igorevich Seleznev with two years of experience at StroyTechMash LLC. In February 2018, Mikhail Igorevich was notified by a notice of staff reduction scheduled for April 10, 2018. The salary of an employee is 25,000 rubles. For the period from April 1 to 10, the salary of M.I. Seleznev will be (25,000 rubles / 20 (working days)) * 6 working days = 7,500 rubles.
The number of working days for the annual period of work will be 266 days. Employees were not paid bonuses and other surcharges; annual earnings will be: 25,000 p. * 12 months = 300,000 p. The average daily wage is determined by the formula: 300,000 p. / 266 days = 1,127.82 p. The severance pay for the first month after the dismissal will be: 1127.82 p. * 18 working days = 20300.58 p. Additionally, 28 days of vacation are payable: 1127.82 p. * 28 days = 31578.96 rubles.
Total, Mikhail Igorevich Seleznev will receive payments from the employer upon reduction in 2018 in the amount of: 7500 + 20300.58 + 31578.96 = 59379.54 rubles – for payment. The employer must immediately calculate M.I. Seleznev on the date of the last working day, that is, no later than April 10. The full benefit does not exceed three times the average monthly income, therefore it is not taxable.
Duration of receipt of compensation payments during staff reduction
Labor legislation governs the payment of compensation for shortened citizens in 2018. The employer must transfer the average monthly salary to the former employee over the next two months after dismissal. If after a specified time period a person has not found a new job, no matter for what reason, the period for payments for him may be extended.
How to extend the term of compensation
After the reduction, a person needs to visit the labor exchange at the place of residence and register. Having done this in a two-week period, the chance of extending compensation remains. If a public servant in terms of employment does not employ a person for a new job due to lack of vacancies or for some other reason, he is authorized to make a decision on extending benefits from the past employer while maintaining average earnings for at least one month.
Additional payments for staff reductions in 2018
Based on Art. 180 of the Labor Code of the Russian Federation, the employer has the legal right to invite the employee to terminate their employment before the date indicated in the reduction order. If the citizen agrees, he receives an additional monetary compensation in the amount of the average earnings calculated in proportion to the remainder of the time until the expiration of the termination notice and the amount of the severance pay. Compensation for the reduction is not retained for him, since the reason is a mutual agreement of the parties or the employee’s own desire.