Is it necessary to dismiss workers during the reorganization of an enterprise, including in the form of annexation of an institution, can they be laid off due to changes, and compensation

Dismissal of heads of merging institutions during reorganization of the merging

Employees who submit such a statement will have their employment contract terminated.
The following entry is made in the work book: “The employment contract is terminated due to the employee’s refusal to continue working in connection with the reorganization of the organization, paragraph 6 of part one of Article 77 of the Labor Code of the Russian Federation.” So, Art. 75 of the Labor Code of the Russian Federation establishes that when there is a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (merger, annexation, division, spin-off, transformation) or a change in the type of state or municipal institution, employment contracts with employees are not terminated. An exception is the possibility of terminating employment contracts with the head of the organization, his deputies and the chief accountant when the owner of the organization’s property changes. The new owner may terminate employment contracts with these persons no later than three months from the date on which he acquired ownership rights.

We process the transfer of an employee in the event of reorganization of the institution by joining

This is due to the fact that during reorganization in this type, the reorganized organization continues its activities and only part of its rights and obligations passes to the legal successor. This conclusion can be drawn from Article 58 of the Civil Code of the Russian Federation.

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment Situation 2. How to make an entry in the work book about the transfer of an employee to another position in connection with the reorganization of the organization? During reorganization, labor relations continue with the employee’s consent (Part 5 of Art.

75 Labor Code of the Russian Federation). Therefore, there is no need to renew the employment contract with him. However, when transferring an employee to another position due to reorganization, draw up an additional agreement with him to the employment contract (since its terms change) (Articles 57, 72, 72.1 of the Labor Code of the Russian Federation).

For more information about transferring an employee to another position, see

How to hire employees of a reorganized institution through affiliation?

Important: If, after the reorganization, employees continue to work in their previous positions, there is no need to formalize the transfer. An entry about the reorganization of the company is made in the work book. In addition, it is necessary to conclude an additional agreement to the employment contract, in which the details of the new employer must be indicated.

Attention Please note that employees of the reorganized company have the right to refuse to continue working in the new organization. If he does not agree to work under the changed conditions, the employment contract with him is terminated on the basis of clause 6, part 1, art. 77 of the Labor Code of the Russian Federation (refusal to continue work in connection with reorganization).

Thus, the continuation of the employment relationship during the reorganization depends on the employee. By default they continue; if they fail, they stop.

How is transfer carried out during reorganization?

Due to legal succession, the new, reorganized organization automatically becomes the employer.

And since labor legislation establishes that during a reorganization, employment contracts with employees are not terminated, it is necessary to formalize changes to the existing employment contracts of employees (conclude additional agreements), in which the employer will be a new organization. The Labor Code of the Russian Federation also does not provide for the registration of transfer of employees in the event of reorganization.

We formalize relations with employees during reorganization

In this situation, the new employer does not have the right to terminate old and enter into new contracts with employees of the affiliated organization, as well as transfer to a new job. Therefore, orders for hiring a new job or transfer are not drawn up.

During reorganization in the form of merger of a legal entity with another legal entity, the rights and obligations of the merged legal entity are transferred to the latter in accordance with the transfer act (Article 58 of the Civil Code of the Russian Federation).

Labor legislation, in turn, establishes that reorganization (merger, accession, division, spin-off, transformation) or change in the type of state or municipal institution cannot be grounds for termination of employment contracts with employees of an organization or institution (Article 75 of the Labor Code of the Russian Federation). The employee may refuse to continue working in the reorganized organization.

Merger of enterprises through reorganization

Is it necessary to obtain the employee’s consent to continue working after the reorganization? A reorganization took place in the form of annexation. In this case, are we obligated to obtain written consent from employees who decide to continue working? It is not necessary to obtain employee consent to continue working.

For example, during reorganization in the form of affiliation, additional agreements are concluded with the employees of the acquired legal entity (sample below).

If, in addition to information about the employer, the terms of employment contracts change during the reorganization, then employees must be notified in writing about these changes, indicating their reasons, no later than two months in advance (ch. At the same time, make a corresponding entry in the employee’s work book (clause

4, 10 Rules approved by Decree of the Government of Russia dated April 16, 2003 No. 225). If an employee was transferred to another organization due to reorganization, then he does not need to pay compensation for unused vacation. This is explained by the fact that after the reorganization, the organization’s employment relationship with the employee does not terminate, that is, it is considered that the employee continues to work in the same organization (Art.

75 Labor Code of the Russian Federation). Transfer of personnel documents to a successor organization Personnel documents of a reorganized organization that ceases its activities must be kept by the successor organization to which its rights and obligations are transferred. An exception to this rule will be a reorganization in the form of a spin-off, in which only part of the personnel documents is transferred to the legal successor.

Themes:
Labor legislation
Changing the terms of the employment contract
Reorganization

Question The company plans to reorganize by merging with another legal entity in mid-December 2021. Is it possible to transfer employees to the new successor organization in advance, for example, from 01.12.

2016, so that the merging organization has time to submit reports to extra-budgetary funds and 2-NDFL certificates to the Federal Tax Service? How will the transfer of employees be processed in this case? Answer Answer to the question: Reorganization of the employer is not a basis for terminating employment contracts with employees (Article 75 of the Labor Code of the Russian Federation).

When a company is reorganized, labor relations with employees continue automatically; employees do not need to be fired from the previous company and hired by a new one. There is also no need to renew employment contracts.

When should employees be informed about this? Is written notice required? It is best to notify employees immediately after the authorized body makes a decision on reorganization. The law does not directly oblige the employer to warn employees about it, but gives employees the right to refuse to continue working (part six of article 75 of the Labor Code of the Russian Federation).

Therefore, it is necessary to notify them of the reorganization in writing and against signature (sample below). The notice can set a period during which employees can express their desire to terminate their employment in connection with the reorganization.

If an employee refuses to continue working, the employment contract with him is terminated on a special basis provided for in paragraph 6 of part one of Article 77 of the Labor Code, or on the initiative of the employee (part six of Article 75 of the Labor Code of the Russian Federation, determination of the Constitutional Court of the Russian Federation dated January 29, 2009 No. 24-O-O).

Please tell me: the organization is going through the stage of reorganization by merging with another organization. Employees will be transferred to the legal successor organization under an additional agreement to the employment contract. What is the correct date to formalize the transfer of employees to the main organization, the date of reorganization, or earlier? The reorganization is planned for May 9, 2021.

, can we transfer employees from May 1, or not? The question in particular is about the payment of an advance and submission of reports to the joining company: because

The merger is planned for May 9, who should pay the advance to the employees and who will submit reports for them? As far as I understand, the organization being merged with the legal successor must submit reports to the Pension Fund, the Social Insurance Fund and the Federal Tax Service before the reorganization? Or will the legal receiver hand over? Then how? with friends Reply with quotation Up ▲ 18.04.

2017, 09:08 #2 Previously, everything was clearly written in paragraph. In the new organization, the length of service for granting leave will need to be gained again. Details in the materials of the Personnel System: Situation 1. How to draw up personnel documents when reorganizing an organization Forms of reorganization Reorganization is regulated by the norms of the Civil Code of the Russian Federation and can occur in the forms of merger, accession, division, separation, transformation (clause 1 of Article 57 of the Civil Code of the Russian Federation). Regardless of the form of reorganization, labor relations with employees continue (Part.

5 tbsp. 75 Labor Code of the Russian Federation). The procedure for registering personnel documents during reorganization should be distinguished from the procedure for registering a change in the owner of the organization’s property.

Source: https://law-uradres.ru/oformlyaem-perevod-rabotnika-v-sluchae-reorganizatsii-uchrezhdeniya-putem-prisoedineniya-v-1-s/

Dismissal of a director during reorganization by merger

121 of the Civil Code of the Russian Federation requires that this organization transform into a business company or partnership. There are other circumstances in which the need for forced reorganization arises. In case of forced reorganization, the initiative to carry out the procedure belongs to the authorized state bodies or is carried out by a court decision.

The following is a generally accepted sequence of actions during reorganization. Before making a change in the entry in the work book during reorganization on the part of the former employer, it is necessary to: notify each employee in writing about the fact of the reorganization of the legal entity; collect written statements from employees who refused to work for the successor; formalize dismissals. create an order to transfer employees from one company to another; make the necessary entries in work books and personal cards of employees. The Rules for Maintaining and Storing Work Books do not legislate the sequence for making changes to work books during a reorganization.

Can the director of the acquired institution resign on his own during the reorganization period?

Employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.

When one enterprise merges with another, two managers cannot remain. The work of the head of an enterprise is regulated not only by the general provisions of the Labor Code of the Russian Federation. The Labor Code of the Russian Federation has Chapter 43, Article 278, which establishes that an employment contract with a manager is also terminated in connection with a decision of the authorized body of a legal entity, or the owner of its property, or a person (body) authorized by the owner to terminate the employment contract. In practice, such managers perform their duties until an entry is made in the Unified State Register of Legal Entities (USRLE) about the termination of the activities of the affiliated legal entity.

Dismissal due to enterprise reorganization - article of the Labor Code of the Russian Federation

Dismissal due to enterprise reorganization occurs within the framework of several provisions of the law. Based on them, the main provisions established by labor legislation should be indicated:

The liquidation of an organization does not necessarily mean the termination of labor relations with the organization’s personnel. Often, employees can continue to work. But when changing employer, the employee may refuse to continue the legal relationship. Only in this situation does the employee’s dismissal occur during the liquidation of the organization;
An employer cannot arbitrarily terminate its relationship with employees. The resolution of this issue itself is allowed after completion of the procedure for registering a change of owner by the state;
An entry about the dismissal of an employee must be made in the work book;
Termination of labor relations occurs in relation to some employees. Therefore, after the reorganization or liquidation of the organization, the employer retains the most competent and competent persons in the service.

Thus, the liquidation of an organization or enterprise does not guarantee a reduction in the number of personnel. Termination of labor relations most likely concerns only the manager and his deputies.

The procedure for dismissal during enterprise reorganization

The procedure established by law for terminating legal relations between employees and employers provides for mandatory execution of the procedure. For a better understanding, the main stages of this procedure should be indicated:

First, you should issue an order to change the owner of the enterprise or organization. The document should reflect the new name of the company, its details and other important circumstances;
If the new employer does not need the employees, it is necessary to inform them of the upcoming termination of the relationship. Information is provided by sending a notification. In case of reorganization, this notice is sent by mail or delivered in person. When liquidating an organization or enterprise, notice is given only in person and no later than three months before the expected date of dismissal. In both cases, the date of receipt by the employee is indicated in the letter. His signature on familiarization is also required;
An entry is made in the work book. Its content must be identical to the content of the order.

The above procedure should be followed in all cases. Otherwise, termination of legal relations will not be legal.

Dismissal during reorganization of an enterprise in the form of merger

This form presupposes the termination of the company's activities. It passes, along with all assets, into the possession of the new employer. Upon joining, the number of employees will inevitably decrease. Therefore, the employer is obliged to comply with the established procedure for terminating relations with staff. In addition, management must provide guarantees to employees.

Dismissal of a director during reorganization by merger

Merger means that all assets and property of the organization are transferred to the new owner. In fact, it ceases to exist as an independent company. That is, she will no longer conduct her own activities, make decisions, and so on. Accordingly, there is nothing left to lead. Therefore, termination of relations with the boss and his deputies is mandatory. Because they cannot perform their duties.

Dismissal during enterprise reorganization - payments

Employees are paid for days worked since their previous salary. In addition, they are entitled to bonus payments for the past period. Also, since they will no longer go on vacation, the employer must compensate for the specified time. For a period of two months, the staff will receive support from the new management.

Entry in the work book about dismissal due to reorganization

If an employee left the organization on his own initiative, just such a record is made. It must correspond to the basis specified in the order to terminate legal relations with the organization. If there was a reduction, this article of the Labor Code of the Russian Federation is indicated in the work book. This gives the right to maintain continuous service for two months.

Dismissal during the reorganization of an enterprise - in the form of affiliation, employees, directors, payments

The dismissal of executive employees on the grounds of “change of ownership” is carried out within three months.
The amount of compensation and payments is higher than that of ordinary employees, severance pay is usually in the amount of his average earnings for 3 months. The upper payout limit is unlimited.
Before dismissal, management employees are required to transfer affairs to a new team; a transfer act is signed with the signatures of the former and new manager, with a complete list of documentation transferred from hand to hand.

Salary for the period worked is determined based on the days actually worked and the average daily salary.
Days of unused rest (annual and additional) - the number of days is multiplied by the average daily wage.
Bonus accruals are calculated based on the percentage of the salary pre-established in local documents.
Cash for the period of employment (in case of reorganization leading to staff reduction) is equal to a monthly salary and is paid for 1-2 months (in some cases the period is extended to 3).

Payments

Upon termination of employment relations in connection with the reorganization of the company, the following payments are made in the usual manner (Part 4 of Article 84.1, Part 1 of Article 140, Part 1 of Article 127 of the Labor Code of the Russian Federation):

wages for days worked (salary, required bonuses);
severance pay (in the amount of payment for 2 months, unless an increased amount is established by agreement - in case of staff reduction or by agreement of the parties);
compensation for unused vacation days;
other amounts established by the employment contract (both individual and collective).

Important! The required payments are made before the actual termination of professional duties, and not after. Failure to comply with this rule is a violation of labor laws

Restrictions on the payment of severance pay apply to managers, their deputies, chief accountants and members of collegial executive bodies of state corporations, state-owned companies, business entities, where more than half of the authorized capital is state or municipal ownership. The maximum limit of the amount is also established for the management of state extra-budgetary funds, state and municipal institutions and unitary enterprises. The amount of the benefit cannot be higher than three times the monthly salary.

In all other forms of reorganization, one or more legal entities cease their activities. Therefore, there will be a massive layoff or reduction of employees. In these cases, the employer must notify each employee in writing of the upcoming changes. The notice is drawn up in two copies.

The manager must pay resigning employees:

wages for the time actually worked;
compensation for those vacation days that the employee did not have time to take off;
bonuses that are specified in the employment contract;
severance pay. It is paid for the next 2 months. It is calculated based on the average monthly earnings of a particular employee over the last year;
other payments that may be provided for in an employment or collective agreement, as well as in other local regulations.

The law does not oblige employees to strictly work 2 months before the start of reorganization measures. You can quit earlier. In your resignation letter, you must write the reason for “reduction in staff.”

In this case, the employer must pay additional severance pay, calculated based on the remaining days before the expiration of the 2-month period and the average earnings of this employee.

If the employee was unable to find a job within the next two months after dismissal (these 2 months were paid by the employer upon dismissal due to staff reduction), then the employer is obliged to pay him for the 3rd month without work. In this case, the employee must be registered with the employment center.

Dismissal of heads of merging institutions during reorganization of the merging

Anna, first of all, I want to thank you for your consultation! Thanks a lot. The management agreed with the arguments and fired the director due to layoffs, and I got rid of litigation! Please tell me the answer to one more question: when a layoff is made, is a benefit paid in the amount of one average monthly salary or two? (There is no consultant plus in the organization, and there is different information on the Internet) and how is it calculated? Because I also found information that previously, earnings for the last 3 months were taken to calculate benefits. Or how?

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If according to Article 81, then there should be some other document? After all, now there is only a notification that in case of refusal - Article 77

decision to reduce a position, notification of an employee about dismissal due to reduction on such and such a date, offer of vacant positions in the current organization, if any.

Your right

Integration processes in business sometimes pose extraordinary challenges for employees of the company’s HR and legal departments. Consider a situation where companies merge. For example, located in Moscow, joins three, “July”, “August”, located in the regions of the country. Or three, “July”, “August”, located in different cities of the Russian Federation, decided to merge into a single legal entity - , - registered in Moscow. From the point of view of civil law, the first case will be a reorganization in the form of a merger: a Moscow company merges regional companies, which cease their activities after the merger, and the acquiring Moscow company continues its activities after the merger without changing its data. The second case will be a reorganization in the form of a merger: three regional companies merge into one new company, which chooses Moscow as its place of registration. In this case, the three merged companies also cease their activities, and the Moscow company resulting from their merger is a new legal entity.

Part 3 of Article 278 of the Labor Code of the Russian Federation states that the employment contract with the head of the organization may provide for additional grounds for the dismissal of the director. In particular, such an additional reason may be the reorganization of the organization. Thus, if the employment contract with the head of the organization provides for a clause on termination of the employment contract in connection with the reorganization of the company, then the case we are considering is a very good reason to apply this clause in relation to one or all of the “extra” directors. Let us note that in this case, in contrast to Part 2 of Art. 278 of the Labor Code of the Russian Federation, there is no need to pay compensation to the manager, unless, of course, this is provided for in the clause on dismissal in connection with the reorganization. Accordingly, if there is a choice to apply Part 2 or Part 3 of Art. 278 of the Labor Code of the Russian Federation, then it is more expedient for the employer to apply the provision that is associated with lower material costs.

Features of personnel changes during the accession process

During reorganization in the form of merger, labor relations may change:

or only for employees of the acquired organization;
or for employees of both organizations – the one being merged and the main one (i.e., the one to which the merger is being carried out).

Labor relations change for employees of the acquired organization. This situation is typical when the main company:

acquires a company with a similar business in another city or constituent entity of the Russian Federation (i.e., becomes its sole participant by acquiring shares or shares);
wants to turn this company into his own branch, representative office or other separate division.

After the main company evaluates the assets and acquires the new company, it must conduct a personnel assessment: which employees from the acquired company will be needed by the future subsidiary and which will not.

Most often, the management of the main company initially has a clear picture of how the business will be organized in the new territory. As a rule, the main company already has branches in other cities, an established structure of business processes, as well as an organizational structure adjusted to these processes and a standard section of the company’s staffing table with the number of employees required by the branch and a list of positions.

Before starting to work with the personnel of the acquired company, the main company must draw up a draft staffing section for the future branch with a specific number of employees in each division. The management of the main company needs to understand that those employees who are not indicated in the staffing table will be fired due to a reduction in the number (staff) of the organization's employees.

Then it is necessary to evaluate the working conditions in the acquired company and compare them with the working conditions in the main company: daily routine, wages, bonuses, additional vacations, etc.

To ensure that working conditions are the same in both reorganized companies, it makes sense to re-conclude employment contracts with employees of the acquired company in the version of the standard employment contract of the main company. In other words, the acquired company should change its working conditions so that they become similar to the working conditions in the main company. Moreover, it is advisable to do this even before carrying out legal measures for reorganization.

To do this, the main company must send to the newly acquired company all the necessary personnel documents (a draft staffing section for the future branch, Internal Labor Regulations in the main company, Regulations on remuneration, a standard form of an employment contract, etc.).

If both companies have the same employment contracts and the same remuneration systems, all subsequent registration of labor relations will be much easier than in a situation where working conditions are different. Therefore, it makes sense to prepare the acquired company as a branch in advance and only then carry out merger activities in it.

Notification of employees of the acquired company, as well as translation and changes in personnel documents, is carried out according to general rules.

Labor relations change for employees of the main and affiliated organizations. This happens, as a rule, when the reorganization involves companies independent from each other with different types of activities and different structures.

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In this case, the main company needs to create a new organizational structure and actually draw up a new staffing table. It is advisable to develop a staffing table together with employees (lawyers, personnel officers) of each of the reorganized companies.

Dismissal of heads of merging institutions during reorganization of the merging

Merger - a new legal entity is formed by combining two or more enterprises. As a result, a large one is created, and this entails an improved position in the market.
Merger – the activity of one or more companies is terminated, all rights are transferred to a separate legal entity. The procedure is carried out only with the consent of authorized bodies.
Division - an organization splits into several legal entities. All assets and debts are distributed equally among the new owners.
Transformation – a change in the organizational and legal form occurs due to an increase in the number of founders, an increase in additional investments and other reasons.
Spin-off is the creation of subsidiaries without cessation of its activities. New companies have their own seal, charter, and executive bodies.

Art. 75 – legal consequences for employees during reorganization;
Art. 81 – features of employee dismissal;
Art. 77 – entry in the work book upon dissolution of the company;
Art. 178 – rules applicable to employees during the merger or acquisition of companies;
Art. 180 – guarantees provided during liquidation or reduction.

Forms of reorganization

The reorganization procedure involves changing the structure of the enterprise.

She cites:

to transform the existing organization;
or termination of its activities.

Forms of reorganization:

in the form of transformation (change in legal form) - the rights and obligations of the parent company are transferred to the newly created one, based on the transfer deed;
division - the rights and obligations of the parent company are proportionally transferred to the newly created ones;
merger - the rights and obligations of several parent companies are transferred to the newly created one;
separation of a company or groups of companies from the parent - the rights and obligations of the parent company are transferred proportionally to the newly created ones, based on the separation balance sheet;
by merger - the rights and obligations of the parent company are transferred to the acquired institution.

How employees are fired during enterprise reorganization

During the merger, some positions may become redundant. Working conditions and employment contracts may change; sometimes, when the owner changes, the question of partial dismissal of staff and the hiring of new employees may arise. All these activities must be carried out strictly in accordance with the laws (Articles 75, 77, 81, 178 and 180 of the Labor Code of the Russian Federation).

After issuing an order for reorganization and registering it in the journal, it is necessary to draw up a notice of the upcoming procedure. It is compiled in two copies. It must indicate the full name of the company and the position of the employee. The form of reorganization and timing are indicated.

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When joining, two or more companies merge, and therefore at least one director will lose his powers. These particular circumstances are not specified in the Labor Code of the Russian Federation, so a manager can be dismissed in the same way as employees - due to refusal to continue activities.

There is an option to formalize the procedure by agreement of both parties. Sometimes the process is formalized based on the decision of the founder. But it is better not to apply the reduction to directors, because he must remain a director until he joins.

How to dismiss a director during reorganization in the form of affiliation

Dismissal is possible due to the refusal of one of the two directors to continue working in connection with the reorganization of clause 6 of part 1 of Art. 77 Labor Code of the Russian Federation

(in the work book, a reference must be made specifically to this paragraph of Article 77 of the Labor Code of the Russian Federation) in connection with the refusal to continue work after the reorganization. Payment of severance pay is not provided.

To formalize the dismissal of an employee, obtain his refusal to continue working in connection with the reorganization (Part 6 of Article 75 of the Labor Code of the Russian Federation). The employee can express his refusal by making an appropriate entry in the notice or by writing a separate statement in any form. Based on the formalized refusal, issue a dismissal order in Form No. T-8 or in a self-developed form and make an entry in the employee’s work book (clause 15 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

Reorganization, accession, dismissal of a manager

It is traditionally believed that reorganization in the form of affiliation involves Therefore, if there is no dismissal, then there is no subject about which Reorganization in the form of affiliation entails a change in the staffing table, as well.

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Article 75. Labor relations when changing the owner of the organization's property, changing the jurisdiction of the organization, its reorganization When changing the owner of the organization's property, the new owner, no later than three months from the date of his ownership rights, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant. A change in the owner of the organization’s property is not grounds for terminating employment contracts with other employees of the organization. If an employee refuses to continue working in connection with a change in the owner of the organization’s property, the employment contract is terminated in accordance with paragraph 6 of Article 77 of this Code. When the owner of an organization's property changes, a reduction in the number or staff of employees is allowed only after state registration of the transfer of ownership. A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, spin-off, transformation) cannot be grounds for terminating employment contracts with employees of the organization. If the employee refuses to continue working in the cases provided for in part five of this article, the employment contract is terminated in accordance with paragraph 6 of Article 77 of this Code. Unfortunately, Article 271 of the Labor Code of the Russian Federation does not apply here. The dismissal was not initiated by the administration. But you should have received a refusal to continue working with the new owner. You can give such consent and continue working for the new owner. while continuing to be on maternity leave for up to three years. The new owner will not be able to fire you in this case. And you don’t need to go to Tyumen, you need to write a written statement of consent and send it by mail. With your previous employer, unless he has completely ceased his activities, you can litigate in court about the payment of compensation and moral damages Article 234. The employer’s obligation to compensate the employee for material damage caused as a result of the illegal deprivation of his opportunity to work The employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of: illegal removal of an employee from work, his dismissal or transfer to another job; the employer’s refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee to his previous job; delay by the employer in issuing a work book to an employee, or entering into the work book an incorrect or non-compliant formulation of the reason for the employee’s dismissal; Article 237. Compensation for moral damage caused to an employee Moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation. AND AN APPEAL TO EVERYONE: GUYS! THERE HAVE BEEN NO MATERNITY LEAVES FOR A VERY LONG TIME. LET'S STILL CALL THINGS BY YOUR NAMES, SORRY - IT'S SICK.

When to transfer employees upon joining

Attention

If, after the reorganization, employees continue to work in their previous positions, there is no need to formalize the transfer. An entry about the reorganization of the company is made in the work book.

In addition, it is necessary to conclude an additional agreement to the employment contract, in which the details of the new employer must be indicated. Please note that employees of a reorganized company have the right to refuse to continue working in the new organization.

Important

If he does not agree to work under the changed conditions, the employment contract with him is terminated on the basis of clause 6, part 1, art. 77 of the Labor Code of the Russian Federation (refusal to continue work in connection with reorganization). Thus, the continuation of the employment relationship during the reorganization depends on the employee.

By default they continue; if they fail, they stop.

Registration of transfer of employees during reorganization in the form of affiliation

Signature, seal The wording of the entries in the work book in connection with hiring in the order of transfer is as follows: N entries Date Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and a link to the article, clause of the law) Name, date and document number on the basis of which the entry was made day month year 1 2 3 4 … … … … … … Limited Liability Company "Izumrud" (LLC "Izumrud") 5 08 07 2007 Hired by transfer Order from LLC "Amethyst" to the position 07/08/2007 N 26 of the head of the supply department We draw up a work book when there is a change in the owner of the organization’s property. A change in the owner of the organization’s property means the transition (transfer) of ownership of the organization’s property from one person to another or other persons.

Transfer of employees upon joining

However, if as a result of the reorganization, information about the employer has changed, in particular, its name, it is necessary to reflect this fact in additional agreements to employment contracts (paragraph 2 of part one, part three of Article 57 of the Labor Code of the Russian Federation). For example, during reorganization in the form of affiliation, additional agreements are concluded with the employees of the acquired legal entity (sample below).

If, in addition to information about the employer, the terms of employment contracts change during reorganization, then employees must be notified in writing about these changes, indicating their reasons, no later than two months in advance (Part.

Attention! Due to the fact that there are no instructions in the Instructions and nothing is stipulated in the legislation on the issue of making an entry in the work book during reorganization in various ways, when filling out the work book, it is better to once again contact the employees of the regional branch of the Pension Fund for clarification. And if in the successor company an employee is transferred to a new position, two entries are made in his work book.

First, a record is made of the reorganization of the enterprise, and then of the acceptance of the position. Moreover, they are entered into the work book only on the basis of the relevant order (instruction).

According to Art.

In this case, the initiator of the transfer can be either the employer or the employee. This is stated in Part 2 of Article 72.1 of the Labor Code of the Russian Federation.

Such a transfer occurs through dismissal from the previous place of work, since in another organization a new employment contract is concluded with the employee (part 4 of article 64 and part 2 of article 72.1 of the Labor Code of the Russian Federation).

To process the transfer, the current employer must issue an order to terminate the employment contract in connection with the transfer in Form No. T-8.

The Labor Code of the Russian Federation provides for the obligation of the new owner of the organization’s property to accept its entire workforce into its staff and the possibility of reducing the number or staff of employees only after state registration of the transfer of ownership. In paragraph 4 of Art. 81 of the Labor Code of the Russian Federation states that an employment contract can be terminated when the owner of the organization’s property changes, that is, this applies to the head of the organization, his deputies and the chief accountant.

It must be noted that this article of the Labor Code of the Russian Federation applies only to certain organizations: - state or municipal unitary enterprises to which property belongs under the right of economic management; — federal government enterprises; - institutions financed in whole or in part by owners. The latter may be the state, municipality, legal entities and individuals.

In the new organization, the length of service required to grant leave will need to be re-acquired. Details in the materials of the Personnel System: Situation 1. How to draw up personnel documents when reorganizing an organization Forms of reorganization Reorganization is regulated by the norms of the Civil Code of the Russian Federation and can occur in the forms of merger, accession, division, separation, transformation (clause.

1 tbsp. 57 Civil Code of the Russian Federation). Regardless of the form of reorganization, labor relations with employees continue (Part 5 of Article 75 of the Labor Code of the Russian Federation). The procedure for registering personnel documents during reorganization should be distinguished from the procedure for registering a change in the owner of the organization’s property.

Please tell me: the organization is going through the stage of reorganization by merging with another organization. Employees will be transferred to the legal successor organization under an additional agreement to the employment contract. What is the correct date to formalize the transfer of employees to the main organization, the date of reorganization, or earlier? The reorganization is planned for May 9, 2021.

, can we transfer employees from May 1, or not? The question in particular is about the payment of an advance and submission of reports to the joining company: because

2017, 09:08 #2 Previously, everything was clearly written in paragraph.

Labor Code of the Russian Federation, when dismissing an employee, an entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of the Labor Code or other federal law, as well as with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation or other federal law .

The following entry is made in the employee’s work book: “The employment contract was terminated due to the transfer of the employee, with his consent, to work for another employer (Rubin LLC), clause 5, part 1, art. 77 of the Labor Code of the Russian Federation.” This procedure is established in clause 6.1 of the Instructions.

The Labor Code of the Russian Federation, with equal labor productivity and qualifications, preference in remaining at work is given to: - families with two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is for them a permanent and main source of livelihood ); - persons in whose family there are no other workers with independent earnings; - employees who received a work injury or occupational disease while working for this employer; — disabled people of the Second World War and disabled people from combat operations to defend the Fatherland; - employees who improve their qualifications at the direction of the employer without interruption from work.

Source: https://dtpstory.ru/kogda-perevodit-rabotnikov-pri-prisoedinenii/

Sanatorium Saransky

. Get legal advice in 15 minutes Dismissal of the chief accountant by joining the Chief. This opinion is based on the norms of the Civil Code. According to the new Appendix 2 Codes of forms of reorganization and liquidation of a separate organization. 81 of the Labor Code, as a change in jurisdiction, subordination, separation or accession. The dismissal of an employee on his own is also not excluded. How to fire a chief accountant during a reorganization in the form of an affiliation? During reorganization in the form of affiliation, it may be created. Dismissal during reorganization of an enterprise in the form of merger. Including the rights and obligations of the employer of employees. Dismissal during reorganization. You can add subscribe. During reorganization in the form of merger with the acquiring organization in accordance with

We formalize relations with employees during reorganization. Reorganization in the form of affiliation cannot become a basis for the dismissal of the head of the organization, his deputy and chief accountant. Daily reviews of laws. Good morning, after reading your article Features of staff reduction during reorganization in the form of affiliation. When reorganizing the Institution in the form of merger with. What an accountant should know about reorganization in the form of merger.

Difficulties of reorganization, which takes place within a limited time frame

It often happens that the company’s management sets the task of registering the reorganization within a specific time frame. At the same time, there is not enough time to carry out personnel activities and prepare personnel documents. Let's look at the most typical problems that can be encountered in the process of urgent reorganization and ways to solve them.

1. There are no documents regulating labor relations in the successor organization

We suggest you read: They want to resign at their own request, what to do?

It is necessary to develop and approve, first of all, the following documents as soon as possible: Internal labor regulations, Regulations on remuneration, Regulations on material incentives, a standard form of an employment contract.

2. New structural divisions emerge

It is necessary to sign additional agreements with employees transferred to a new structural unit. It is also necessary to approve the Regulations on this division (for example, the Regulations on the branch) and familiarize all its employees with the new job descriptions. It is likely that many documents will have to be completed retroactively, since employees will not be ready for such drastic changes, will take time out to familiarize themselves with the documents issued for signature, and also consult with the union.

3. Conflicts and misunderstandings arise with the trade union

It is important to explain to trade union leaders the complexity of the reorganization measures and all the nuances of the documents being drawn up. If you establish a relationship with the trade union, it, in turn, will be able to reassure workers and give them a guarantee that work and wages will remain at the same level.

4. Employees refuse to sign personnel documents and go on vacation and sick leave.

It makes sense to organize a house-to-house visit of employees to obtain the necessary signatures.

If in this case the employees refuse to sign, decisions regarding such personnel will need to be postponed until they return to work.

If such an exit does not take place soon (for example, if employees are on long-term leave to care for children), new employees can be hired to replace the employees on fixed-term contracts. However, as employees return from vacation, it will be necessary to carry out organizational and structural measures and change the staff.

5. Employees quit and/or argue with the employer

It is important to adhere to the principle of maximum openness for employees.

It makes sense for all company lawyers, including those who work in separate divisions, to organize meetings with work teams and clearly explain the procedure for carrying out reorganization measures. It is best to give such explanations using visual presentations, where each slide will contain information about a particular stage of the reorganization.

Dismissal of the chief accountant during reorganization

On this basis, any conditions of the employee’s employment contract can be changed, except for the condition on his labor function (transfer to another position is impossible). In the event of one organization joining another, organizational reasons, in particular, include the approval of a new staffing table with salaries according to position , which differ from those established by the staffing table of the joining organization.

Please note: you can exercise the right to voluntarily dismiss the management team only within 3 months after the completion of the reorganization. One of the features of such termination of employment is that there is no need to give advance notice two weeks before the employee wants to quit.

Workers' rights

As mentioned above, according to current legislation, the employer is obliged to notify the employee when the company is reorganized. When modernizing an organization, it is possible to change the staffing table.

Notification

Notification of the reorganization of the enterprise must be sent to employees, in accordance with

In what cases during reorganization is it necessary to send a notice:

changes in wages;
modernization of working conditions;
other employee rights.

The notice must include information about:

changing the terms of the contract;
reasons for change;
and date of modification.

After receiving the notification, the employee can agree to the changed working conditions or refuse.

Refusal results in termination of the employment relationship.
If consent is given, the employee may not send written consent.

To do this, it is sufficient to continue to perform work duties after completion of the reorganization procedure.

The law does not establish a unified form. Each organization is allowed to develop its own form.

Basic information to include:

deadline for the employee to make a decision;
and a box for the employee to sign when receiving the document.

If a notification is received but ignored by a government employee, the employment contract is considered continued.

When an enterprise is reorganized, the employee's position is abolished. The employee is offered a new position.

If the employee voluntarily assumes new responsibilities in a new position, the transfer is considered completed. In this case, failure to obtain consent cannot be considered a violation of the law.

Grounds for dismissal:

refusal to work in a newly created organization - ;
employee initiative – .

Payment of severance pay when dismissing an employee during reorganization is not due, due to the fact that the employee made the decision independently. Termination of an employment contract occurs at the initiative of the employee.

Features of the dismissal of the chief accountant during reorganization

In the public sector, RBS clients are: Administration of the President of the Russian Federation, Ministry of Finance, Ministry of Internal Affairs, Ministry of Economic Development and Trade, Accounts Chamber, Ministry of Defense, Federal Tariff Service, Federal Service for Labor and Employment, Federal Customs Service, Ministry of Transport, Federal Federal Property Management Agency, Federal Tax Service, Federal Penitentiary Service, Federal Road Agency, Federal State Unitary Enterprise "Rosoboronexport", Ministry of Agriculture, Government of Tatarstan, Government of Moscow and St. Petersburg, Administration of Moscow, Kaluga, Tambov, Novosibirsk, Ivanovo, Lipetsk, Tula, Belgorod, Bryansk, Kursk, Leningrad regions, Administration of the Yamalo-Nenets Autonomous Okrug, republics: Mordovia, Ingushetia, Adygea. For more information, please contact: Tel.

The procedure for dismissal in connection with a change in the owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant) According to clause 4, part 1 of Art. 81 of the Labor Code of the Russian Federation, one of the grounds for dismissal (termination of an employment contract) with an employee is a change in the owner of the organization’s property. A change of ownership means a transition (transfer)