Staff reduction: what payments can you be

Dismissal due to downsizing is not the most pleasant news for an employee, but even here you can find one plus: the opportunity to receive three average monthly salaries if the job search takes more than three months. We have compiled instructions on payments together with Maria Knyazy, a lawyer at the Bar Association and a diploma winner of the Olympiad " I am a professional " for those who have found themselves in a difficult situation.

Let's first consider what payments are due upon dismissal for any reason. On the last day of work in the company, a specialist must receive:

salary for the last month worked,
compensation for unused vacation.
Employee reduction
If an employee is dismissed due to staff reduction or company closure, then in addition to standard payments, the company must transfer a payment in accordance with Article 178 of the Labor Code of the Russian Federation. Let's look at the procedure in more detail.

The organization must notify the employee of the dismissal 2 months in advance. But the employer can terminate the relationship earlier than this period, subject to the written consent of the employee. In this case, compensation is due - payment for days in the amount of average earnings from the date of dismissal until the date of the planned reduction.
Also, on the day of dismissal, the company must transfer severance pay to the employee in the amount of 1 average salary for the first month while you are looking for work.
Payments for the second month if the employee was unable to find employment
If a specialist is unable to find a job during the second month, then he is entitled to a payment - severance pay in the amount of the average salary for the entire month or part of the days during which he was unemployed.

Example: Olga was laid off from work on April 30, and on page seo service she started working for a new company in June. When she was laid off, she immediately received her salary for April and severance pay for May in the amount of her average monthly salary. But Olga only started working at her new place of work on June 21, so she applied to her previous employer with a written request for severance pay for 20 days in June. She was paid part of her average monthly salary in proportion to the specified period.



To receive such payment, you do not need to register with the employment center; it is enough to submit an application to the employer for payment of the average monthly salary for the period of employment, but this must be done no later than 15 working days after the end of the second month from the date of dismissal.

Payments for the third month if you were unable to find a new job
You can also receive a salary for the third month, but here one important condition is added - you must register with the employment center within 14 working days after dismissal. If the employment center cannot offer you a suitable job within two months from the date of dismissal, the employment service agency must decide on the employer paying the employee the average monthly salary for the third month from the date of dismissal.

The employer must make payments for the second and third months of employment no later than 15 calendar days from the date of the employee’s request.

Here are some more tips from Maria Knyazeva, a lawyer at the Bar Association:



"Please note that a declarative procedure is provided for making payments for the second and third months of employment. That is, if the employee does not personally contact the employer with a written application or misses the deadline for such an application, the company will not have to pay him benefits for the additional two months of job search. When submitting an application to confirm the absence of a new job, the specialist will need to present the work record book to the previous company.

In addition, it is important to consider that before dismissing an employee due to redundancy, the employer must offer him another available job (vacant position). If the company has not made an offer and you have not been notified of the absence of vacant positions, you should contact the management in writing with a request to provide information about vacant positions."