Cash payments upon dismissal due to staff reduction. Dismissal due to staff reduction: payments and compensations

Many workers are faced with a situation in which you could be laid off, especially now when the economic situation in the country is somewhat unstable. From the moment an employee is informed that he will be laid off, he has a lot of questions in addition to where to look for a new job: are there any payments due? If yes, in what size? What if I am a pensioner or a pregnant woman? How should the dismissal procedure proceed?

Staff size optimization

First you need to understand the basic theoretical issues, which are affected by the reduction procedure.

It is necessary to clearly understand the difference between downsizing and downsizing. Thus, the number of employees is recognized as the entire payroll of employees of a particular enterprise. If we're talking about about staff reduction, then the number of employees in a certain position is reduced. For example, it is necessary that there are two engineers at the enterprise instead of the currently available ten.

The staff usually includes all management and administrative employees at a particular enterprise.

When reducing staff, identical positions or employees of the entire unit being reduced must be excluded from the staffing table. When it comes to reducing a certain staffing position, it is not just one employee who quits, but everyone who, according to the staff schedule, performs work in a certain position.

Legislative grounds

If the enterprise has a question about the need to reduce the number or staff of employees, then on the basis of paragraph 2 of paragraph 1 of part 81 of Article of the Labor Code of the Russian Federation, this is the determining factor for the early termination of an employment contract with specific employees.

In addition, in accordance with Article 179 of the Labor Code of the Russian Federation, it is necessary to respect the right of some employees (for example, a pregnant woman and those who have higher qualifications) and the order of reduction. It is imperative that an employee who is notified of an upcoming layoff must be provided with alternative vacancies (if any at the enterprise) taking into account his abilities, qualifications and health status.

In accordance with By the decision of the Constitutional Court of the Russian Federation, dated December 18, 2007, serial number 867, no employer is obliged to in any way justify his decision that he needs to make a reduction. He independently makes decisions that he considers economically beneficial for his enterprise. Third-party organizations, primarily the court when making a decision on the complaint of a dismissed employee, cannot decide whether it was necessary to reduce personnel. For example, the court is only authorized to resolve the situation regarding the legality of the dismissal procedure. In practice, there are often cases when in court the employer still has to justify his decision and refer to certain documentation of the organization.

Payments upon dismissal of an employee

In accordance with current labor legislation, an employee must be notified of an upcoming layoff at least two months before the day on which his actual dismissal occurs. A special order is issued about this, which is read to the employee against signature, indicating the date of familiarization.

In the case where the employee to be laid off has read the document, but categorically refuses to sign it, a special document must be drawn up that reflects this fact.

During the period from introduction to dismissal, the employee must be offered other available positions in accordance with his skills and abilities. If he refuses the proposed options, then after two months the employment contract is terminated. The next step After termination, final settlement with the employee occurs.

Severance pay

Severance pay, as well as other payments, must be transferred to the employee on his last working day. The same time is set for the transfer of the work book.

What is severance pay upon dismissal? This is the payment of a certain amount of money to a dismissed employee from an enterprise that optimizes the number of employees through a reduction procedure.

Severance pay includes the amount of average monthly earnings, taking into account additional deductions.

The employee is also entitled to similar amounts for the next two months after dismissal until employment (calculation is made taking into account the amount of severance pay). In exceptional cases, the employee will be paid for the next three months after dismissal (within 2 weeks from the date of official dismissal, the employee registered with the labor exchange).

Amounts due to an employee as severance pay, based on paragraph 3 of Article 217 of the Labor Code of the Russian Federation, are not subject to taxes, except for the case when the amount of payments exceeds 3-month average earnings.

The calculation of the average earnings due for payments is made on the basis of Article 139 of the Labor Code of the Russian Federation, as well as the Decree of the Government of the Russian Federation, dated December 24, 2007, serial number 922. The calculation period is taken to be 12 calendar months preceding the day of dismissal. When the average is calculated, a person's entire earnings are taken into account based on how much they were actually paid.

The amount of average earnings must take into account:

Premiums and bonus payments, rewards. No more than one type of additional remuneration per month during the calculated period is taken into account. If there are more bonus amounts, then you can take them into account in the month where there were none;
Remunerations based on the results of the year, in connection with length of service, length of service, etc.;
Other payments included in the monthly salary.

The main rule for calculating the amount of average earnings: it should not be below the minimum subsistence level established in the country on the day of dismissal.

If the employee subject to redundancy has not worked for 12 months at this enterprise, then the entire period of service must be taken into account when calculating the amount. If the work time was not even one month, then to calculate it is necessary to take its amount tariff rate or official salary.

The following periods are not taken into account when calculating average monthly earnings:

when the employee did not receive the entire amount worked, but only the average payment for his work (such periods cannot include the time when a woman, in accordance with the Labor Code of the Russian Federation, can leave workplace for feeding a child);
time sick leave, as well as social leave provided in connection with pregnancy and childbirth;
when the employee was not at the workplace due to circumstances beyond his control;
when there was a strike (the employee did not participate, but could not work);
additional time provided to a person to care for a disabled child;
time when the employee was not at his workplace for any other reason.

The amount of earnings includes all payments from the employer, including bonuses, products in kind, as well as other payments.

Compensation

Severance pay is not the only amount a person will receive upon dismissal. So, he is entitled to some additional compensation.

For example, if an employee notified according to the rules expresses a desire to leave the enterprise early, he informs the employer about this, and he, in turn, must calculate an additional amount in the form of compensation for the time that he did not use after the notification.

Those. If the dismissed employee worked for 5 days after notification (instead of 2 months) and expressed a desire to be dismissed earlier, he must receive additional compensation in the amount of average earnings for the time not worked until the end of the notice period in the case where the employer agrees to let him go in advance. Also, be sure to make sure that you are paid wages for the time worked in the company, as well as unused vacation (if it was actually not used).

Second and third month

If you were laid off due to a reduction in headcount or staff, then know that you have the right to maintain your average earnings for the next two months after the day you were officially laid off. This rule is valid until the moment of official employment, but no more than two months after dismissal. Thus, an unemployed person has some guarantees provided for him by the state, in order to provide him with a certain amount of money until he gets a new job.

If an employee applies for employment to the Employment Center within two weeks after dismissal, then he can count on another extra month of subsidies from the former employer (if he did not find a job). The decision to extend the period is made by the Employment Center, and payment is made at the expense of the former employer. This kind of additional benefit remains until the person is officially employed (during these 2-3 months

). As soon as a citizen finds a new job, payments stop. If a person starts a new job in the middle of the month, then the previous employer only reimburses unemployed time.

For persons who have reached retirement age and have been laid off, the Labor Code in 2019 does not provide for any specific payment requirements.

So, a dismissed pensioner can count on:

Severance pay, which is equal to average monthly earnings. If the employer’s local regulations provide for a slightly larger amount, then the pensioner should receive exactly this amount.
Compensation of average earnings for two (three) months while the search is underway new job.

We remind you that reaching retirement age is not the main criterion for dismissing such employees in the first place.

Legislatively, they have exactly the same rights to further work or payment of benefits in case of layoffs, like other employees. In addition, persons who have reached retirement age have higher qualifications and productivity, which, on the contrary, can be attributed to positive point against the dismissal of such an employee.

How to get a?

Decor

Based on current legislation, all settlements with the employee regarding remuneration for time worked and severance pay must be processed and made on the last day of work of the employee subject to staff reduction. Moreover, before this day he must submit a bypass sheet drawn up according to the rules with information that he has no debts to the enterprise.

In order to receive amounts due in the next two (three) calendar months after dismissal, it is necessary, at the end of the month during which the dismissed employee did not find a new job, to contact the former employer for a settlement.

In this case, the employee must confirm his words with documents (provide a certificate from the Employment Center, show his work record book). Only after this can the settlement department employee begin processing payments. If such documents are not provided, no compensation will be provided.

Where are they paid?

All payments due to an employee who has been laid off are paid by the employer at the employee’s previous place of work.

So, if it is necessary to compensate for the time spent searching for a new job within two calendar months after dismissal, then you must submit the relevant documents to the department responsible for payments at the previous place of work from which the person was dismissed.

If you need to make payments for the third month, you must contact the same employer, but you must have a certificate from the Employment Center with you. IN modern world It is very important to know your rights, especially if they affect the sphere of labor relations, since employers often take advantage of the illiteracy of their employees. If you have been laid off and don’t know what to do and how to go through this procedure, then contact a competent lawyer who will help you and tell you what to pay attention to when laying off, and also indicate what payments and rewards you can count on.

This method of terminating an employment contract stands out among others. It can rightfully be called one of the most protective rights of the employee, not the employer. Although this option is the most labor-intensive.

What the law says

Clearly articulating the differences between reduction in numbers And staff reduction the law does not.

In practice, there is only one difference: when reducing numbers, a position is not excluded from the staffing table, only the number of people occupying it changes (there were 5 managers, 2 will remain).

And if the staff is reduced, then the position is removed from the schedule altogether (for example, the position of a materials accountant is excluded, his duties will be performed by a payroll accountant).

Making changes to the staffing table

It is possible to reduce employees only when the position is no longer on the staffing table. Thus, you can make changes to an existing schedule, or develop another one, taking into account all the changes.

The new version of the schedule is approved by the relevant order, which also explains why the need for reduction arose and when it will be carried out.

All employees of the company or enterprise must be familiar with this order.

Categories of persons who cannot be reduced

Reduction in the number of employees or staff - This is entirely an initiative of the management of a company or enterprise. At the same time, there are benefits for certain categories of employees. This will be discussed in more detail below.

In general, when contracting, it works certain rule, which is reflected in the legislation: those employees who have less qualifications and low labor efficiency indicators are fired first. In practice, these are most often employees with the least work experience.

The following employees enjoy the advantage of remaining at work:

Are parents of disabled children;
Single mothers;
Single fathers;
Are the sole breadwinners in the family;
Injured or prof. diseases in this particular workplace;
Persons who became disabled in wars;
Heroes of Russia and the Soviet Union;
Victims of the Chernobyl disaster;
Victims of tests in Semipalatinsk;
Those undergoing training for which they were directed by the organization;
Employees who patented inventions (USSR legislation applies here);
Heads of trade union organizations;
Voted representatives of the collective who take part in the resolution conflict situations with guidance.

So, it is unacceptable to dismiss due to reduction:

Persons, ;
An employee who has a sick leave certificate;
Women who have children under 3 years of age.

This list is not exhaustive; the full list is given in the legislation.

Reasons for laying off employees

The law does not directly establish reasons for dismissal due to redundancy. It is the employer's right to make a reduction if economic conditions arise that require it. But if a dispute arises, the court has the right to check how compelling the reasons were and whether the reduction was justified.

Generally, serious circumstances include:

Inability to pay wages a large staff of workers;
There are positions on staff that are not currently required;
Production technology is changing, and therefore some employees will not be in demand.

Conditions for dismissal

Their compliance primarily concerns the employer if he does not want to pay fines and compensation to illegally dismissed employees in the future.

The downsizing procedure must be strictly followed. Any deviation from it will entail a lot of negative consequences;
The dismissal must be justified, and the court has the right to verify this;
The employment service must be notified. Employers who ignore this condition often have to pay fired employees for forced absences, already by court decision.

Order and procedure for reduction

Dismissal due to reduction is carried out in the following order:

The company's management issues an order indicating planned reductions. And no less than 2 months before the dismissal of employees. Each employee is warned about this personally, and gets acquainted with the order upon signature;
Employees subject to layoffs must be offered other positions that correspond to their qualifications. It is worth considering that this is done not just once, but throughout the entire period before termination;
The trade union organization must be notified if it operates in the company. If there is a massive layoff, then notice of layoff sent to the trade union 3 months in advance, as required by the Constitutional Court of the Russian Federation in its determination;
In addition to the trade union organization, the employer also warns the employment service;
If an employee does not agree to any of the proposed vacancies, an order to reduce staff is issued. The employee’s refusal must be formalized in in writing and signed by the employee;
With the consent of the employee, he may be dismissed before the expiration of the two-month period.

Employee rights when staffing is reduced

Many people are poorly versed in the laws, which sometimes becomes convenient for unscrupulous employers. Taking advantage of this situation, they often violate the rights of employees and do not make all the required payments. To prevent this from happening, it is worth considering this point in more detail.

What does an employee have the right to, guaranteed by law:

Severance pay in the amount of average monthly earnings;
To maintain this income until you find a new job (a time limit has been set);
For compensation provided for in an employment or collective agreement.

From the above examples it is clear that the state protects citizens from reductions at the whim of the leadership, provides the opportunity to protest judicial procedure dismissal if it is illegal.

How are payments made upon dismissal due to staff reduction?

Table 1. Payment procedure

What to do if payments have not been made in full

Important information : any delay in payments is a violation of the law!

If this order has been violated, any employee can go to court, demanding:

Compensation for vacation that was not used;
For sick leave that was not paid;
For moral experiences;
Compensation for expenses incurred when contacting a lawyer;
All % due for delayed payments.

At the same time, you can contact the prosecutor's office. Usually frightened employers pay everything. If this happens, you can drop your claim.

The statute of limitations for filing a complaint with these authorities is 3 months from the date of dismissal.

In any case, you need to carefully study your rights and learn how to protect them.

How to resign more profitably: by layoff or by agreement of the parties

Let's do a little comparative analysis two types of dismissal. Since employees quite often ask specialists this question, it is worth paying attention to its consideration. And we will present the results in the form of a table.

table 2.Comparative analysis of types of dismissal

How profitable it is to quit is up to everyone to decide for themselves. You can rely on the criteria given in the table, or you can ignore them. In any case, you need to focus on the situation that has developed for a particular person.

Employer mistakes

Pressure on an employee to force him to resign at will. Usually dictated by a reluctance to make payments required by law;
Dismissal of an employee who is included in a preferential category (the categories are discussed above);
Lack of coordination of the reduction procedure with the trade union (if there is one);
Reduction without written notice.

This list contains the most typical and common errors. Some of them are interpreted by the legislator as illegal dismissal and carry serious legal consequences for the irresponsible employer.

Conclusion

To summarize, we can say that dismissal due to staff reduction can affect any person. No one is immune from this, especially if there is a difficult economic situation nationwide.

In such a situation, it is important to know your rights and ensure that they are not violated. And if certain difficulties arise, seek help from competent specialists.

Reduction is a forced reduction in the number of jobs during a reorganization or complete liquidation of an enterprise. Calculating payments due to dismissed employees has its own characteristics. Let's look at how the average salary during a layoff is calculated to calculate payments upon dismissal in general and using a specific example.

Basic conditions for cash payments

Employees dismissed due to staff reduction must receive all monetary payments due to them (Article 140 of the Labor Code (LC) of the Russian Federation):

severance pay (Article 178 of the Labor Code of the Russian Federation);
benefits for the period of employment for a 2-month period (including severance pay), sometimes, at the request of the employment service - and for the third month of job search;
unpaid wages;
compensation for unused vacation periods;
other payments provided for by the collective and individual labor agreement.

It is worth noting that all of the listed accruals, except for the allowance paid for the second and third months of job search, must be issued to the resigning employee on his last day of work in this organization.

In the calculation of the listed payments, one of the key positions is occupied by such a parameter as average daily earnings. This is the average salary for 1 working day, calculated for a certain period of time, i.e. for a specific billing period. The organization's accounting department calculates the average daily earnings in a special document in the T-61 form.

Additional Information

According to Article 180 of the Labor Code of the Russian Federation, the manager must inform employees about the reduction of staff or the complete liquidation of the organization two to three months before the start of the procedure. It is necessary to familiarize employees with new staffing table and no later than two calendar months before the reduction, inform each employee about the dismissal. It is also possible to find a compromise solution through negotiations. For example, an employee may quit earlier, without working out the last two months, which is stipulated in Article 180 Labor Code.

The calculation period for making accruals in the event of dismissal of an employee due to layoff is 1 calendar year prior to the month in which the layoff occurs. There is one exception: if the dismissal is carried out on the last day of the month, then this month is the final month in the billing period. (Rostrud Letter No. 2184-6-1 dated October 22, 2010).

For example, if an employee is fired on May 31, 2017, then the calculation period in this case will be the period from June 1, 2016 to May 31, 2017.

If less than 12 months pass from the moment a citizen enters a given workplace until he is dismissed due to staff reduction, then this actual time worked is taken as the calculation period.

Calculation of average daily earnings

Average earnings are not only the salary itself, but also various allowances, additional payments, bonuses and other sums of money paid to the employee (Regulations approved by Decree of the Government of the Russian Federation No. 922 of December 24, 2007, clause 2).

When calculating in total amount cash payments from the social plan and others that do not depend on earnings are not included (clause 3 of the Decree of the Government of the Russian Federation No. 922 of December 24, 2007):

sick leave payments;
vacation accruals;
travel expenses, etc.

The formula for calculating average daily earnings is quite simple and consists of one mathematical operation.
X = Y / Z, where:

— X is the employee’s average earnings for 1 day,
— Y – the amount of payments to the employee during the billing period,
— Z – number of days worked during the billing period.

Let us explain the calculation formula using an example: gr. Ivanova was fired on May 31, 2017; for the billing period from June 1, 2016 to May 31, 2017, she received 360 thousand rubles, including 10 thousand rubles in sick leave for 10 days of incapacity. It is necessary to calculate the size of her average daily earnings.

Average daily earnings is an amount expressed in monetary terms and commensurate with the employee’s daily earnings. It is considered the average salary of an employee for a work shift - the usual 8 hours or, less often, 7 (with a full working 5 or 6-day week).

Let's carry out the calculations:

amount of payments, excluding sick leave payment = 360,000 – 10,000 = 350,000 (rubles);
number of working days in the billing period: 247 days of working days in the specified period minus 10 days of incapacity for work, for a total of 237 days the gr. Ivanov a year before dismissal;
final calculation of average daily earnings gr. Ivanova: 350,000 rubles / 237 days = 1,476.79 rubles.

Calculation of cash payments upon dismissal due to reduction

The list of payments due to an employee dismissed due to staff reduction is given at the beginning of this article. Let's analyze how to calculate the average monthly salary and other payments to a resigning employee.

Some facts

The average salary is assigned to an employee for no more than 2 months after his dismissal. From this amount you need to subtract severance pay, which is paid separately. This time is given to the fired person so that he can find a new job. As an exception, the average salary can be issued to the employee for one more month (the third). This happens when an employee does not have time to register at the labor exchange within 14 days after dismissal and they could not find a job (according to Article 178 of the Labor Code).

Calculation of severance pay

Severance pay is financial support from a former employer while a dismissed employee is looking for a new job. The formula for calculating severance pay in case of staff reduction was approved by Government Decree No. 922 of December 24, 2007 (clause 9). Determining the amount of severance pay directly depends on the estimated average daily earnings.

Here is the calculation formula:

A = X x B, where:

— A – the amount of severance pay;
— X is the estimated value of the average daily earnings, the formula is given in the previous subsection of the article;
— B – number of days in the month following the date of dismissal. This value depends on the work schedule of the enterprise in a particular month.

Let's analyze the calculation of severance pay using the example of the previous section about gr. Ivanova: 1,476.79 rubles of average earnings per day x 20 working days in June 2017 = 29,535.80 rubles.

Finding out the average monthly earnings

This is the average salary for 1 calendar month. The calculation period for calculating average monthly earnings upon dismissal due to reduction is 1 year before the month of dismissal.

Consider the calculation formula:

C = (D1 + D2 + … + D12) / 12, where:

— C – average monthly earnings,
— D1 ... D12 – monthly salary,
— 12 is the number of months in a calendar year.

The organization and the employee have the right to terminate the employment contract at any day, subject to the requirements of labor legislation. Let's find out what to do.

It is worth noting that the calculated value may be lower than the officially approved minimum wage (minimum wage) for a specific date of dismissal. This situation involves equating average salary specific employee to the minimum wage level.

Example: let's calculate the average monthly earnings gr. Ivanova, whose initial data are given in the first section of this article. 350,000 rubles / 12 months = 29,166.67 rubles, this is the average salary of a gr. Ivanova per month.

Details about calculating average daily earnings

Compensation for unused vacation

When an employee is dismissed due to redundancy, the employer is obliged to pay him compensation for the unused vacation period. If at the time of dismissal the working year has not yet ended, then only part of the vacation accrual is subject to payment.

For example, if an employee worked only 6 months of the working year, then the employer is obliged to pay only half of the vacation accruals. Let us recall that a working year is a period equal to 12 months from the date of employment of a citizen in a given workplace.

Formula for calculating compensation for unused vacation period:

E = X x F, where:

— E – compensation for unused vacation days;
— X – average daily earnings, the calculation formula is given in the first section of this article;
— F – number of unused vacation days.

Let's consider the calculation of compensation using the example of dismissal due to job reduction. Ivanova, the source data for the example is given at the beginning of the article:

1476.79 rubles of average daily earnings x 14 days of unused vacation = 20675.06 rubles.

These are the payments due to Mr. Ivanova, in the event of her dismissal due to staff reduction.

We are ready to answer any questions you may have - ask them in the comments

How often do we hear from friends: “They’re laying off at work...” or “I got laid off. Do you know what payments are due?” Indeed, today, due to the unstable market situation, many companies are reducing production volumes, mastering unfamiliar methods and technologies in order to increase demand for services and goods, and keep the company afloat. All this inevitably leads either to a reduction in unnecessary staffing positions, or simply to a reduction in numbers. What payments are due in the event of a layoff, what the procedure and nuances are - we will sort this out today.

Dismissal due to reduction

A reduction in the number of employees of an enterprise or number is one of the reasons for terminating an employment contract (hereinafter referred to as EA) at the initiative of the employer. Therefore, the worker must be paid appropriate compensation. What payments are due to an employee upon redundancy will be discussed in more detail later, but now let’s look at the essence of this procedure and its features.

Dismissal in itself is not a very pleasant event, especially when it is not related to the employee’s fault or his desire, but is carried out due to forced circumstances. These in this case are usually a reduction in production volumes or replacement manual labor automatic.

The reduction is not made suddenly, since this is a conscious, thoughtful step by management, formalized in the form of an appropriate order and communicated to employees in advance. Therefore, you should also know in advance what awaits you after dismissal, as well as what payments are due in case of staff reduction.

Quantity or staff?

The manager has the right to change the staff and structure of the enterprise himself; accordingly, he can eliminate unnecessary positions.

Thus, a reduction in staff is an exception from the corresponding staffing schedule; downsizing is a reduction in the composition of employees for a specific position.

Naturally, vacancies must initially be eliminated, and only then the question of laying off real workers arises.

Dismissal is considered legal if the following conditions are met:

the grounds comply with the Labor Code of the Russian Federation;
order is maintained;
the employment contract is terminated;
payments have been made (if required by law).

The main thing when making redundancies is to respect the rights and guarantees of the employee, otherwise he will be able to challenge the procedure in court.

Currently, the servants of Themis often take the side of workers, since both the process and the interests of workers are grossly violated, for example, payments required by law are underestimated.

Briefly about the procedure

Issuance of a reduction order.
Notification of the trade union body in writing 2 months in advance (IP - 2 weeks in advance), 3 months in advance in the case of the opinion of this organization is not mandatory for the employer, but should be adhered to. The criterion for mass dismissal is given in the relevant regulatory act. If minors are laid off, consent must be obtained State Inspectorate labor.
Written warning to employees about future dismissal - 2 months in advance (under signature and individually). Other deadlines are provided for certain categories: seasonal work- within 7 calendar days; those employed in work for up to 2 months - 3 days; without warning - with the written consent of the employee with the accrual of additional compensation. This document can be served by mail. If the employee refuses to sign it, an appropriate act must be drawn up in the presence of two witnesses.
Offer vacant positions(including lower paid ones). This can also be issued in the form of a notice, which the employee must familiarize with signature and date; in case of refusal, the corresponding entry must be made. The employer must offer positions in another location when this is provided for in an agreement (collective or labor agreement).
Registration of transfer to new positions for employees who agreed to this. An additional agreement to the TD is printed and an order is issued.
The TD is terminated due to reduction. An order is issued, an entry is made in the work book, and it, together with the payment, is handed to the employee on the last day.

This is the procedure for dismissal due to reduction. We will tell you below what payments are due and who has the right to count on them.

Severance pay

This term can be defined as a monetary payment provided for by the labor legislation of the Russian Federation, paid upon termination of a contract on the basis of a reduction in staff or headcount.

These compensations are basic and additional.

The amount of severance pay is equal to the employee’s average monthly earnings, which is calculated in accordance with the requirements of the Labor Code of the Russian Federation.

What payments are due when an employee is laid off? Upon termination of a labor contract on this basis, the worker is accrued the above allowance, and also receives his average earnings for the time he takes a new job, but no more than 2 months from the date of dismissal.

At the initiative of the employment authority, the salary for the 3rd month can be maintained, provided that the employee is registered within 2 weeks after leaving and has not yet been employed for objective reasons.

The period for contacting the employment center may be extended when a citizen could not come there for good reasons. If they cannot offer him a job (including pensioners), a certificate is issued, according to which the employer retains the employee’s earnings for the 3rd month.

If a person refuses a job offer twice without good reason, then the above document is not issued and the earnings are not saved.

What payments are due when a position is reduced? This question can be answered similarly to the previous one, since the elimination of a position is also a reduction in staff.

The first benefit is paid in advance upon dismissal, subsequent benefits - during the corresponding months.

Additional compensation

What payments are due in case of staff reduction if the employee agreed to terminate the contract before the expiration of 2 months?

Firstly, this fact must be confirmed by a written statement from the employee, otherwise the dismissal may be considered illegal.

Secondly, in this case, the employee is awarded an additional payment in the amount of his average salary, calculated in proportion to the period remaining before the expiration of the notice of dismissal.

Contracts, labor or collective, may establish other, increased amounts of compensation, which in no case infringe on the rights of workers in comparison with the provisions of labor legislation.

More than once on legal advice You may hear the following question: what payments are due when a pensioner is laid off? That is, people assume that payments also differ depending on how long a person has worked and what merit he has. In reality, the status of a pensioner does not affect the amount of severance pay, but the fact of having significant experience can be taken into account when choosing among employees.

Special conditions

In addition to the general grounds for assigning payments, there are special ones provided for certain categories of workers, for example, for seasonal work employed in the Far North and similar areas.

So, in these cases, what payments are due upon dismissal from work:

for workers in temporary (seasonal) jobs - a benefit in the amount of average earnings for 2 weeks;
if the TD is concluded for a period of up to 2 months, then no payments are made;
for workers in the Far North and similar areas - as a general rule, earnings are retained for up to three months, in special cases, by decision of the employment authority - up to 6 months if they are registered within a month.

Such extended terms are provided for the latter category of employees, since these regions are very remote, which creates difficulties for employment.

The provisions of the Labor Code of the Russian Federation on the reduction procedure and payments also apply to persons working part-time.

At the same time, the average salary for the period of employment is not retained for them, since they also work at their main job.

Who takes advantage

When it comes to downsizing, all factors are taken into account. Preference is given to persons with high labor productivity and qualifications.

The latter is confirmed by relevant documents: a diploma of education, a certificate of advanced training, retraining, etc. Qualification is an indicator professional excellence worker, experience, skills and knowledge. There are categories and ranks. Qualification category- level of professional training; category - degree of education and work experience.

Labor productivity remains at the discretion of the employer; he has the right to set his own criteria on the basis of which to conduct selection. It seems that a person with high labor efficiency is a person who most quickly, efficiently and skillfully performs the functions entrusted to him.

Thus, in the case where labor productivity and qualifications are identical among workers, the following categories will have an advantage:

disabled people of the Second World War;
disabled combatants in defense of the Motherland;
family with two or more dependents;
persons whose other family members do not have their own income;
employees with health damage or occupational illness acquired from this employer;
who improve their qualifications on-the-job at the direction of the employer;
others under a collective agreement.

What payments are due for the reduction of these categories of people, if they still had to be fired? The same as ordinary citizens, without any privileges.

Who can't be laid off?

The Labor Code of the Russian Federation does not allow dismissal due to reduction of the following persons:

pregnant women;
women with children under 3 years of age;
single mothers with a child under 14 (disabled - up to 18);
other persons raising these children without a mother.
parent (legal representative of the child) - the sole breadwinner of a disabled person under the age of 18 or a child under the age of 3 in a large family (children must be minors), if the other parent (legal representative) does not work under a TD.

The legislator provides such labor benefits specifically to support motherhood and childhood.

At the same time, the category of pregnant women is almost untouchable. Even if at the time of issuing the order to retrench or after receiving a notification it turns out that the woman is expecting a child, it will not be possible to retrench her. If she has already been fired, then she must be reinstated in her previous position. Of course, the employer has the right to request a medical certificate to confirm this fact.

When an employee is on vacation or sick leave, he cannot be fired either!

Reduction by agreement

IN Lately employers often try to cheat and circumvent the law in order not to pay severance pay by asking the employee to leave by agreement of the parties or on their own initiative.

Let's see what payments are due when an employee is laid off in this way:

At your own request: salary + compensation for unused vacation.
By agreement of the parties: salary + vacation pay + additional payment by agreement of the parties

And compare them with dismissal due to staff reduction. What payments are due? Salary + vacation compensation + severance pay + average earnings for the 2nd month (+ salary for the 3rd month, if there is no work, according to the decision of the OZN).

It can be seen that an employee dismissed due to redundancy always receives more monetary benefits, so it is better for the employer to fire him on the first two grounds rather than drag out this burden. However, in this case, the guarantees provided for by the Labor Code of the Russian Federation are violated. In any case, the choice always remains with the employee.

If through the court...

So, let’s turn to the question of what payments an employee is entitled to in the event of a reduction in staff if he decides to go to court.

Indeed, not all disputes are resolved amicably; sometimes you need to stand up for yourself and go to the labor inspectorate or directly to court.

Let's say you were offended by the amount of severance pay, or were not paid at all, or you think that you were illegally fired due to layoffs, then you should go to the servants of Themis. State your requirements in the form statement of claim and go to court.

Remember that the statute of limitations for labor disputes is 3 months, and if the dismissal is contested - 1 month.

What can you win in court, what payments are due if you are made redundant in this situation?

Earnings for all days worked.
Compensation for unfulfilled vacation.
Severance pay.
Average earnings for the corresponding months.
Compensation for moral damage.
Salary for forced absence (in a situation illegal dismissal and reinstatement at work).
Legal expenses, including lawyer's fees.

From the above list it is clear that going to court is always associated with additional expenses, such as legal fees, postage, etc. In addition, of course, litigation requires time and effort. Therefore, before going to court, you need to weigh all the pros and cons and evaluate the chances of winning with a professional lawyer.

As a general rule, claims for the recovery of amounts must be submitted to the court at the location of the employer, while applications for the restoration of labor rights can be submitted to the court at the plaintiff’s place of residence. If an employee works in a branch or representative office, then at their location. The dispute may also be considered in court at the place of execution of the contract.

So, to summarize, we will determine what payments an employee is entitled to in case of staff reduction in any case:

severance pay;
average earnings for the 2nd month of job search, regardless of the reasons for non-employment, even if you refused the offered vacancies.

These compensations must be mandatory, the rest are additional.

Thus, if you are also affected by such an unpleasant phenomenon at work, you need to be savvy in order to defend your rights. That is why you should definitely understand how the dismissal procedure is carried out, what payments are due upon layoff, what to do if the law is violated, in what cases to go to court, what is the period for protecting rights. A legally competent person is protected in any situation.

Payments in case of staff reduction often turns out to be a problem for everyone involved in the situation. It is accompanied by many nuances and not the simplest legislative regulation. To avoid all sorts of mistakes, it is worth knowing how it is calculated and in what order it is issued.

How is the payment of severance pay regulated when staffing is reduced?

This procedure is regulated by the Labor Code Russian Federation, which determines that:

all citizens have the rights to decent wages;
in the event of liquidation of the company, when reducing the number of personnel, or when leaving at will, employees can count on money from the employing organization.

This payment is severance pay in case of layoff. By law, it is accrued or issued to the employee on the last day of his work at the enterprise. Consequently, the issue of the timing of receiving funds has already been resolved.

This money is provided by law with the purpose of helping a person in the process of finding a new job, giving him the means to live for a certain period of time. What severance pay is accrued upon layoffs depends on the type of termination of the employment contract. But, as a rule, this is full payment for the first month and partial payment for the second and third after the employee leaves.

If an enterprise eliminates some positions, it is impossible to immediately say whether the laid-off workers will have to be given an average monthly amount to support them while looking for another job, and what its exact amount will be. Therefore, first we will consider a simple and mandatory procedure for calculating benefits.

The organization must pay the average monthly income to the employee, guided by Part 1 of Article 178 of the Labor Code of the Russian Federation.

To receive such severance pay upon layoff, the employee does not even need additional papers; it is important to indicate the correct reason for the break in relations in the order and be sure to refer to the corresponding paragraph in the legislation. Part 1 of Article 140 of the Labor Code of the Russian Federation sets the final date for the reduction as the deadline for issuing money. If a person does not appear on this day, he must submit an application, according to which he will be calculated no later than the next day after the date of application.

There are situations when a worker is not satisfied with the amount of severance pay during a layoff. In this case, the company will have to give out an amount when calculating that no one will doubt (refer to Part 2 of Article 140 of the Labor Code of the Russian Federation). If you do not have time to transfer the funds, then the delay is fraught with interest accrual, which will grow daily, including the date of actual disbursement of money. Interest is calculated based on 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

Procedure for payments in case of staff reduction

The Labor Code in the first and second parts of Article 81 indicates that when staffing is reduced, material compensation is assumed in the form of social compensation to former employees. Let's name the main types of these payments.

Severance pay in case of staff reduction in the amount of the average monthly earnings of the dismissed employee. If contract of employment or any collective agreement contains information about increasing the amount of “compensation”, the employer will have to comply with the agreements and calculate the severance pay in accordance with this document.
Maintaining average earnings for the period of employment, but no more than two months from the date of dismissal. In order to comply with the requirements of the first part of Article 178 of the Labor Code of the Russian Federation, which regulates labor relations, in this situation, when calculating the amount of average income, the amount of redundancy benefits is taken into account.

The second part of the same article indicates the possibility of a dismissed employee to insure against lack of money in case he fails to get a new job within the next two months. To do this, he should contact the employment service no later than 14 calendar days after the date indicated in the order to reduce the number of personnel. If a person has not found a new place in two months, and the employment center was also unable to offer him a job, then for the next 30 days the average income will remain with him in the form of severance pay in the event of a reduction.

Sometimes the amount of compensation is even greater than in the example considered. Some conditions require the payment of large “compensation” upon dismissal of an employee.

There is a general rule fixing the employer’s obligation to notify staff of an upcoming dismissal at least two months before this event (a sample notification document can be found below). If one of the employees decides to leave before the specified date, then he has the right to severance pay and compensation in the amount of average monthly income, recalculated in accordance with the remaining time until the stated day of reduction. Such premature termination of the contract must be formalized in writing.

Funds that are due to the employee while searching for a new job are not wages, so that the enterprise is not obliged to transfer them on the same days that are defined by local documents as the dates for issuing advances and salaries to the organization’s employees. These benefits can be transferred to a person at the end of the second and third months on dates approved jointly with him.

Calculation of severance pay in case of staff reduction

How is severance pay paid to employees in the Far North?

Special financial conditions are provided for citizens working in the Far North. Firstly, if an employee is laid off, severance pay is guaranteed to him for one quarter if he did not go to the employment center (Labor Code of the Russian Federation, Article 318), and for six months if he registered in the next 30 days after termination agreement.

How is severance pay paid to seasonal workers?

Article 296 of the Labor Code of the Russian Federation states that seasonal employees are entitled to compensation in the amount of two weeks of work. The enterprise is not obliged to pay in any way for further time away from employment.

Is it necessary to pay severance pay when laying off an employee who is on layoff? probationary period?

Despite the fact that an employee on a probationary period is not yet fully part of the company, he can claim all the compensation due to the dismissal of permanent employees.

But if an enterprise reduces it under Article 71 of the Labor Code of the Russian Federation, the person is recognized as having failed the test and does not receive any benefits or compensation.

Is a pensioner entitled to severance pay during a layoff?

The legislation does not establish any differences between elderly and other employees who have been laid off, so the rights of the former do not change in any way, and they are also entitled to financial compensation.

Answers to related questions are contained in the chapter “Guarantees and compensation for employees who are faced with termination of their employment contract.” The situation is regulated by its articles 178-181, which do not contain any clarifications regarding special conditions for workers of retirement age.

Who is entitled to severance pay due to a fourfold reduction?

There are a number of specialists who are entitled to larger compensation in the event of a breakdown in their employment relationship. People on public service can count on four times the average monthly income upon dismissal, and judges – on six times.

In what amount should severance pay be paid to part-time employees when they are laid off?

Persons working part-time, in accordance with the law and other regulations, have the same rights to financial assistance and guarantees as permanent employees. Consequently, the Labor Code of the Russian Federation establishes the same payment procedure for them as for everyone.

If a part-time worker is subject to a reduction in the number of employees or staff, the employer is obliged to pay him compensation under Article 178 of the Labor Code of the Russian Federation - the average size a laid-off person's income for one month.

Dismissal by transfer: rules of procedure

How to calculate severance pay when reducing staff

The first thing management must take into account is that the salary of the dismissed employee is last month must not be changed or calculated on any other basis. No raises or additional benefits can be canceled due to the fact that the company does not see the value in this person.

For example, money for unused vacation days must be calculated in the manner established by the fourth part of Article 139 of the Labor Code of the Russian Federation and paragraphs 10-12 of the Regulations on Average Earnings.

Severance pay for layoffs includes compensation for unused vacation, accrued in proportion to calendar days. However, in order to determine the number of days for which payment is due, you need to take into account the following feature.

If the employment relationship is terminated in accordance with paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, and the employee spent more than a year at the enterprise, then for the final working year he receives compensation in full, provided that the length of service that determines the right to paid leave is 5, 5 months or more (this point is clarified by the Rules on regular and additional leaves).

Severance pay for layoffs according to the Labor Code of the Russian Federation is the salary of the dismissed person in the amount of the average monthly salary. This payment is calculated in the manner established by the 3rd part of Article 139 of the Labor Code of the Russian Federation and the 9th paragraph of the Regulations on average earnings. General rule is as follows: it is necessary to determine the average wage per day of work by dividing the accrued wages over a certain period of time by the days actually worked during this period. At the same time, Article 178 (1st part) of the Labor Code of the Russian Federation states that the calculation must be made based on the number of working days that would be on the employee’s schedule in the month following the date of dismissal.

There are cases when an enterprise uses summarized recording of working hours, which affects how severance pay is calculated in the event of a layoff. In this case, the person will receive compensation for the number of working hours that will not be worked due to dismissal. The number of hours is determined based on a fixed working week (most often 40 hours).

The legislation gives citizens the right to receive their average income while looking for a new job. This period begins on the date following the day of dismissal and ends on the day before employment or after payment of severance pay for the second month upon reduction, if this moment came earlier (Article 14 of the Labor Code of the Russian Federation). The first month of the employment period is paid on the day of the layoff, so the money for the next month is calculated taking into account the benefits (according to Article 178 of the Labor Code of the Russian Federation).

How to calculate compensation for staff reduction: example

Let’s imagine that proofreader Ilya Kubikov got a job at OiTv LLC on December 3, 2012. A year and a half later, the company decided to reduce the personnel of the enterprise, and on April 30, 2014, Ilya was given a notice stating the severance of labor relations from July 11 of the same year (according to the first part of Article 81 of the Labor Code of the Russian Federation). To calculate what severance pay an employee is entitled to during layoff, you need to clarify his working conditions.

Kubikov corrected texts in the company during a 40-hour work week and rested on Saturday and Sunday. In the year preceding his dismissal, Ilya had a salary of 40 thousand rubles and a bonus for qualifications, paid every month, in the amount of 5.5 thousand rubles. And on January 1, 2014, OyTv LLC increased the wages of all employees, and the proofreader began to receive 45 thousand rubles. The company applied the rules of the Regulation on bonuses, which states that the monthly bonus is equal to 0.1 of the amount actually paid for work time in the current period. So in April 2014, Ilya received an annual bonus in the amount of 40 thousand rubles (however, it was calculated without taking into account the employee’s actual working time). The system of material incentives at OiTV provided new Year gifts, so at the end of 2013. Ilya was paid another 2,000 rubles in honor of the upcoming holidays.

To complement the example of calculating severance pay during layoffs, it is important to note the employee’s sick and vacation days.

Ilya Kubikov was ill for nine calendar days from 01.07.2013 to 30.06.2014 (from 5 to 13 November) and took three vacations:

Kubikov took 28 days of paid annual leave (December 2-29, 2013) and four more days on August 5-8, 2014. In 2014, the employee was accrued 7,994.4 rubles in vacation pay, and in April of the same year, personal income tax was transferred from it .
Ilya spent two days (December 30-31, 2013) on unpaid leave.

After an employee is laid off, severance pay must be calculated taking into account all these nuances.

Ilya went to the employment center immediately after his dismissal from the OyTV company, but they could not find him a job until the end of the third month after layoffs at the company. When the second and third months of searching for a new job were up, Kubikov came to the company with all the required documents in order to receive the necessary payments.

In order not to get confused, let's turn to the schedule, which reflects everything that happens in the period between the notification of future dismissal and the final payment of severance pay upon layoff to Ilya Kubikov.

1. We calculate wages for hours worked in the month of dismissal. Proofreader Kubikov was fired on July 11, 2014, which means he is entitled to the following payments on the day of termination of the contract:

Salary for days worked in July: 45 thousand rubles / 23 working days in a month × 9 days actually worked in July = 17,608.7 rubles.
The fixed bonus for the qualifications of a proofreader, assigned to him earlier, is 5.5 thousand rubles.
Estimated monthly bonus: 17,608.7 rubles salary × 0.1 = 1,760.87 rubles.

We sum up all the indicated amounts and get Ilya’s income in July: 24,869.57 rubles.

2. We will calculate the amount of compensation for unused vacation in order to include it in the severance pay in the event of a layoff.

To determine the amount of benefits for vacation days that the employee did not use, it is first necessary to calculate the average amount of earnings for one day.

The billing period from July 1, 2013 to June 30, 2014 was not fully worked out by Kubikov.

The amount of payments taken into account. Since during the time period taken for calculation, OiTv LLC increased staff salaries, the increase coefficient will require adjustment, otherwise an error will be made in our calculations.

Let's calculate the increase factor. To do this, you need to divide the new amount of salary and bonus by the old one: (45 thousand rubles + 4.5 thousand rubles) / (40 thousand rubles + 4 thousand rubles) = 1.125.

The coefficient (let’s call it k) for 2014 is equal to 1, we do not take into account the 5,500 ruble bonus in accordance with paragraph 16 of the Regulations on Average Earnings. Calculations of the amounts that will be used in compensation for severance pay in case of reduction are reflected in the following table:

Thus, we see that 582,753.95 rubles is the amount of all cash payments to Ilya for the year (we do not take into account the bonus).

Annual bonus amount. In 2013, this type of incentive was given to Kubikov in full, but without taking into account the actual work time.

Although Ilya Kubikov was officially employed by OiTv LLC throughout 2013, the billing period in which the bonus money was transferred to him was not fully worked out. So it is necessary to recalculate the amount of annual remuneration based on the days actually worked in the company.

During the specified period of time, there were only 248 working days, of which Ilya worked 215. Therefore, the amount of the bonus for the year, which will be used in calculating compensation for unused vacation, will be: 40 thousand rubles / 248 days × 215 = 34,677.42 rubles .

Ignored payments. The amount of severance pay in case of reduction based on the third and fifth points of the Regulations on average earnings is not affected by:

Funds paid for vacation.
Compensation in case of temporary disability.
New Year's gift from the company.

We sum up all of Kubikov’s annual income taken into account and get: 34,677.42 rubles + 582,753.95 rubles = 617,431.37 rubles.

The next step in determining the average income of an OiTv employee per day is to calculate the number of calendar days. Their number in partial months (when Ilya went on vacation or rested during the holidays) is:

20.51 days in November 2013 (calculation example: 29.3 / 30 days of the month × (30 days – 9 days));
0.95 days in December of the same year (29.3 / 31 days × (31 days of the month - 30 days of vacation));
25.52 calendar days in May 2014 (we calculate as follows: 29.3 / 31 × (31 – 4 days)).

When determining the amount of severance pay when reducing the proofreader Kubikov, we will operate with a number of days equal to 310.68 (9 full working months × 29.3 + 3 incomplete).

Average daily earnings. We divide the employee’s recorded income in the billing period by the number of days worked: 617,431.37 rubles / 310.68 = 1,987.35 rubles. We received the cost of one working day for Ilya.

Ilya Kubikov fully worked the first year after his employment and used up his entire annual leave, going on vacation for 28 days in December 2013.

In this example of calculating severance pay for layoffs, the employee was fired before the end of his second year of work in the company. Since the year was interrupted on July 11, 2014, and not on December 2, 2014, as according to employment contract, then as a result, Ilya’s vacation experience at OyTv LLC was 1 year, 7 months and 9 days.

According to the Leave Rules, when calculating work periods, periods of service lasting less than half a month are not taken into account in the benefit. Since Kubikov took a year off and we took nine days off, compensation will be paid based on seven months of service. But this is more than 5.5 months in accordance with Part 3 of Article 28 of the Vacation Rules, so Ilya is entitled to the amount for the whole year.

But during these seven months, Kubikov went on vacation for four days, so that if he was laid off, money for 24 unused days of rest would be added to his severance pay. We multiply the cost of a working day (average) by 24 calendar days and get the amount of compensation:

1,987.35 rubles × 24 = 47,696.40 rubles.

3. Let's calculate the amount of severance pay. To determine the size of this financial cushion during layoffs, you need to multiply the average daily income by the number of working days for which OyTV LLC must pay Ilya. The company must pay for the month from 07/12/14 to 08/11/2014. 21 actual working days fall within this period.

Kubikov's earnings per day, which will be used in this calculation, is equal to:

617,431.37 rubles of annual payments / 215 working days = 2,871.77 rubles per shift.

Let's multiply the average daily earnings by working days in the period paid by severance pay in case of layoffs, and we get the amount that OyTv should accrue to the employee: 60,307.17 rubles.

4. Let's calculate the amount of average earnings for the period of employment. Since we know that Ilya Kubikov registered with the employment service, but could not find a new job within two months, he should be paid severance pay for the second month. In the period between July 12 and September 11, 2014, there are 44 days for work, so OyTv LLC will have to give the employee funds in the amount of: 44 × 2,871.77 rubles = 126,357.88 rubles. For the first month, Ilya was paid 60,307.17 rubles at once, so in September it remains to transfer him the difference of 66,050.71 rubles.

If in the third month Kubikov cannot find a job in another company, then the employer will have to pay for another 21 working days (from 12.09 to 11.10). This is an additional benefit in the amount of 60,307.17 rubles.

Is severance pay subject to personal income tax reduction?

All funds issued to an employee after a layoff are reflected in and are administered by the Tax Code of the Russian Federation and are regulated by laws on social and pension insurance and on accidents in the workplace. Severance pay during layoffs is also governed by orders of ministries and the Government of the Russian Federation.

What taxes are subject to? No severance payments for reduction or dismissal at the initiative of the employee are subject to taxation. A citizen, losing his place of employment, receives financial support without deducting personal income tax, insurance contributions, etc. This norm is spelled out in Articles 217 and 255 of the Tax Code of the Russian Federation.

However, there is one amendment: taxes are not withheld from those severance payments that do not exceed three months’ earnings (and for workers in the Far North - the average six-month income of the dismissed person).

On the other hand, although personal income tax and insurance premiums are not withheld from severance pay during layoffs, this payment is important when calculating the company’s income tax. For individual entrepreneurship, this is recorded in the “Other income” section (code 4800).

Basic wiring. Payment of severance pay is made on the basis of an order from the director of the company to lay off an employee due to staff reduction. The amount of such compensation is noted in the accounting reports as labor costs. This is regulated by the Tax Code of the Russian Federation (see Article 255).

If we turn to KOSGU, then in subparagraph 262 we will see the costs of severance pay in case of reduction: “Benefits for social assistance to the population." They are also recorded in the following posting: credit 0.302.62.30 and debit 0.401.20.262, which is marked in the documentation as “Accrual of severance pay.”

These funds, received by a citizen when staffing is reduced, act as a financial cushion and assistance in the near future, when he risks being left without the previous source of income and not finding a new one. Severance pay in case of layoff is not subject to personal income tax and leaves the opportunity to look for another job that will suit the candidate.

At the same time, the principle “what goes around comes around” turns out to be significant, since the amount of “compensation” is directly proportional to the time of work and its quality, because it is tied to the average daily income and length of service in the company.

Dismissal of an employee at the initiative of the employer: how to avoid the revenge of an offended employee

When should severance pay be paid in case of staff reduction?

An employee who has been laid off is not always immediately given all the money required. Therefore, let’s look at what mandatory payments should be made and when:

On the day of dismissal, the worker has the right to expect a final payment from the company (this is regulated by the Labor Code of the Russian Federation in Articles 140, 178 and 318). It includes:

salary for days worked;
money for unused vacations;
severance pay for layoffs for one month.

When the first month passes after the layoff, the employing company does not owe the former employee anything. But after the next 30 days, the citizen has the right to another payment of the average monthly income. To do this, he must present to management an application and a work book without new entries. This procedure is established by part 1 of Article 178 of the Labor Code of the Russian Federation. Severance pay for the second month in the event of a layoff is not paid in full and is recalculated if the person is employed in the middle of this month. Then the accounting department calculates an amount proportional to the days on which he has not yet worked.

At the end of the third month. Part 2 of Article 178 of the Labor Code of the Russian Federation states that there are two situations in which the employer must pay for the third month after layoff:

The employee came to the employment center in the 14 days following his dismissal and registered there.
The employment service was unable to provide the citizen with work in the next three months after dismissal and issuance of severance pay for layoffs.

If this is the situation and the dismissed employee was unable to find a new source of income, then the employment center will issue a document that will serve as the basis for the former employer to issue average income for the third month.