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Issue of an order to reduce staff.
This management does not dismiss the management yet, but makes it clear that the company will have to part with the team.
There is no approved form of the document, but it necessarily prescribes the "black" date when the redistribution of official duties will be carried out, for example, the charming secretary Marinochka now will not only have coffee to chef cook, but also fill out the time sheetcadre.
- Information on dismissal for staff reduction and subsequent payments to ( as specified in the Labor Code of the Russian Federation( http://tkodeksrf.ru) must be carried out according to the following rules:
- employee, who is under the reduction, must notify about it no later than 2 months before the loss of work by an official letter, under the signature;
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if the boss can offer you another job, this should also be indicated in the letter.
And he is obliged to notify you about new vacancies until his dismissal( 2 months), and your business -walk away proudlytin or agree to exchange your home office desk for dusty storage in the warehouse
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about the forthcoming changes in the organization for 2 months are notified by an official letter to the trade union( if any) and employment agencies
If it is a mass reduction, then it must be done in 3The
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trade union organization needs to know from the employer about your reduction and blaze with righteous anger, even if you are not in its ranks;
- employee, who is under the reduction, must notify about it no later than 2 months before the loss of work by an official letter, under the signature;
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Taking into account the rights of employees to stay at work.
If the employer, reluctantly, has to choose from several candidates who will fall under the redundancy reduction and receive the necessary payments, then he will have to reckon with such legal "zamorochki."-
for this article can not fire a young mother( with a child under three years old) or a future mother( pregnancy is confirmed by a certificate from a doctor).
Oh, and remember how long you could not decide on a second child?
That's the same!
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should be given preference to a specialist with higher qualifications or labor productivity.
All the same knowingly you sat pants at a seminar on the computer program 1C.
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if with the productivity and qualifications of all employees who are threatened with dismissal for staff reduction and payouts, everything is in order, then remains "alive":
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those who contain two or more people.
Maybe you should invite your old aunt to live with you and write it down as dependents?
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are those in whose family no one, except them, no longer receives an official income.
It is not necessary for the employer to know that your husband is a demanded IT person-freelancer who wanted to sneeze on the work book and official registration.
His guarantee of secured old age is an impressive amount on a bank deposit;
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are those who are "lucky", working "for uncle", get injured or get a professional illness.
Sometimes even business has a human face;
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those who fought in the Second World War or participated in hostilities.
Your stories about the heroic past of the boss will be small, so the words will have to be backed up with documents( for example, a certificate of a combatant);
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to those whom the expensive boss sent to improve their qualifications on the job.
At the same time he was not interested in how you manage to learn, work, communicate with your children and visit old parents, if only 24 hours a day.
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Exit of the dismissal order( often the form is unified - No. T-8).
This commemorative paper, which regulates the dismissal for staff reduction and subsequent payments, should contain:- a reference to the order, which refers to the beginning of measures to reduce( see paragraph 1);
- reference to the written notice of the dismissal of the "lucky person" of this company;
- requisites of the document( if any) in which the employee agrees to terminate the contract( labor).With the order of the employee is also introduced to the signature, in writing.
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Write the corresponding entry in the workbook.
Everything!
As unforgettable Ostap Bender said: "The ice has started, gentlemen of the jury!".
From now on you are a free bird, which can only look down at the "rat racing" in your company.
In the entry there should be a reference to the 80th article of the LC RF( clause 2):
How would you not like to smash a pot with a cactus on the head of the boss and loudly slam the door after the news that you are being cut, do not get excited.
Firstly, as an adult, a sensible person, you understand that this is far from the end of the world and there are many exciting, including career achievements ahead of you, and secondly, you should not leave without "sucking" out of this "canine"kennels "all you owe.
We will tell you what payments are due to the dismissal for the reduction of to you.
"Not everything is quiet in the Danish kingdom. .." or 5 steps that need to be taken before calculating the payments when layoffs are reduced
Before stitching a needle in a voodoo doll made in the form of a boss, you need to figure out whether he "pinched"dismissal for reduction and calculating the amount of payments necessary in this case:
Redundancy reduction: payments are all important, payments are needed!
Do not forget to make sure that the order for dismissal for staff reduction will be followed by the payment of all the money you have, because they will be useful to you in the near future if you decide not to fuss about for a couple of months in search of a new job, but to reflect on the couch at homemeaning of life :
- severance pay;
- retaining earnings before further employment;
- unpaid sick leave, business trip, vacation etc.;
- other compensation under the contract( labor) or law.
Severance Reduction Indemnity: 4 super tips to ensure that you are not fooled around
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The severance pay is paid in the amount of your average earnings per month for this employer.
The amounts that are taken into account in the calculation are indicated in the infographics:
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If the employment contract states that the allowance should be larger than the employee's earnings per month, the employer will have to fork out.
And let him blame himself or a lawyer who allowed the signing of such a document.
You do not care!
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The dismissal benefit is not taxed on the income of individuals.
So here it is not possible to warm up the hands of the state.
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This benefit must go to the purse or bank card on the last day of work in your "terrarium".
10 things you need to know about keeping earnings when layoffs are reduced
- This payment in the amount of a monthly salary is made at the expense of the employer, if after 2 months after the dismissal, I managed to find a new job either on my own or with the help of the employment service.
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In order not to miss the payment, you need to arrive at the employment center no later than two weeks after the date indicated by the day of your dismissal in the order.
Therefore, in a month's spree with wine, gypsies and a bear to go is not recommended!
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In order to receive this payment it is necessary to write an application in free form addressed to the head of the enterprise.
So do not rush to "beat the pots" with the former boss.
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The application must be accompanied by a photocopy of the work record card, which will confirm that you, the sirotinushka, have not been able to find a new job.
Although, of course, you can quietly earn additionally from a friend's nanny, a copywriter, a seller in an online store, etc.
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You can pay in the amount of monthly earnings and for the third month of forced idleness.
The decision on this is taken by the employment agency.
If you have his written order( you managed to pity the inspector) - safely go to the former employer for money.
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The procedure for obtaining your blood for 3 months after your dismissal remains the same( application + copy of labor).
You just need to add a letter from the employment center.
- The income tax for individuals with a payment for retaining earnings on dismissal for staff reduction is also not paid.
- Do not count on this payment to those who worked part-time( has the main place of work and does not have to find a job).
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Most often, the employment authorities refuse to pay the average monthly salary by the employer for the third month of dismissal, if the retired staff member is a pensioner and receives an old-age pension.
So buy a grandson of this money radio-controlled airplane will not work.
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The term of payment of money for preserving earnings is not specified in the law.
Therefore, it is necessary to show the wonders of communication in order to agree with the former employer on an acceptable date.
Most often it is the next pay date.
It might look like this:
We do not complain about memory: leave, business trip, sick leave, business trips. ..
The day of "X" has come, when will you see your "most beloved" colleagues and your beloved chef for the last time?
Remember that along with the severance pay and the salary for the last month worked, you should receive the following payoffs when layoffs are reduced:
- payment of sick leave cards( if any);
- payment of business trips ( if you managed to travel on behalf of the authorities in Tjmutarakan and you passed a neatly filled out an advance report);
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pay vacation and compensation for unused vacation;
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compensation package( payment for travel, food, training, mobile communication, depreciation of a personal car, etc.), which are stipulated in the employment contract.
It's wonderful, if at one time you managed to agree on all these "pleasures" with the leadership;
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one-time bonuses, bonuses to the salary prescribed in the documents on employment.
You still leave here, so burn!
Declare your rights to the fullest!
All the above payments are made in the manner prescribed by labor law or contract with an employee( labor).
"I'm a shivering creature or have the right. ..": what other payments can you expect with staff reduction?
- Carefully read your employment contract: if in addition to the allowance and the preservation of earnings( what is provided by law), the employer must after you leave something else - underline the red mark in the document the necessary items and go to the superiors behind the truth-womb.
- In case you managed to get sick within a month of being laid off and this is directly related to recent professional activities, the employer must pay the sick leave.
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If you were dismissed earlier than 2 months after the notification, you are entitled to compensation.
It is calculated based on the number of days that you have not completed before your cherished date.
This amount is multiplied by your daily earnings.
- For each day of delay in the final settlement, you are entitled to compensation in the amount of daily earnings.
- All additional payments in case of dismissal for staff reduction, for which the most generous officials( in addition to the minimum stipulated by law) are taxed on the income of individuals.
Filling in the time sheet: 15 rules
Small wisdom or Redundancy payoffs: the best examples of calculation
Competent examples of calculating the payoff on dismissal for staff reduction can be found in specialized magazines for accountants and HR staff, as well as on profile sites, for example:
- http://online-buhuchet.ru/vyxodnoe-posobie-pri-sokrashhenii;
- http: //mirblankov.ru/ kak-raschitat-vyxodnoe-posobie-pri-sokrashhenii
- http://www.zarplata-online.ru /art/ 157418-red-kak-rasschitat-vyplaty-pri-sokrashchenii-shtata
From the video you will learn about the maintypes of severance pay that are paid to the employee upon dismissal:
Not on that ran! Or 3 options for solving the problem, when the employer "pinched" payments on dismissal for staff reduction
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To sue.
Write everything that was on the soul boiling up, backing up your "Talmud" with documents proving your rightness( dismissal order, calculation from accounts department, etc.).
A statement before filing is better to show a good lawyer. -
Contact the prosecutor.
And then, with pleasure, read your message about a careless employer who does not pay your blood on dismissal.
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Write an application to the Labor Inspectorate.
This organization also has all the powers to deprive your boss of sleep and peace, if he did not pay you, firing for a reduction in staff.
We recommend that you watch a video on the main types of severance pay that are paid to the employee upon dismissal:
We have been able to make sure that with the dismissal to reduce the payment of is quite serious.
The employer is charged with the duty to part with you "in a gentlemanly manner," including in the financial aspect.
You only need to be able to declare your rights and competently defend them if necessary.