Payments at the employment center during layoffs: types and terms

Must the employer himself notify the Central Employer of the dismissal of employees, and within what time frame?

If an enterprise makes a decision to reduce the number or staff of employees, then how to notify the employment service about this is indicated in Part 2 of Art. 25 of Law No. 1032-1: management is obliged to send a written notice to the Central Employment Center no later than two months before the actual dismissal of employees . In case of preparation of mass layoffs – three months in advance.

The law does not provide quantitative criteria for mass participation. In a number of industries and regions, calculation formulas are written down in the Industry Agreement or agreements between regional authorities and trade union organizations and employers. If there are none, then it is recommended to build on the Decree of the Government of the Russian Federation No. 99 of 02/05/1993:

• 50 people or more within a month;
• over 200 in two months;
• more than 500 in three months;
• from 1% of employees per month in regions where the population is less than 5 thousand people.

Failure to inform the employment service or failure to comply with established deadlines falls under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation and entails a fine of up to 5 thousand rubles for an enterprise and up to 500 rubles for officials. At the same time , violation of this particular procedure does not affect the legality of the layoff itself , and if everything else is done in accordance with the law, the employee will not be reinstated at work.

Important! For individual entrepreneurs, the period for notifying the labor exchange has been reduced to two weeks before the actual termination of the employment relationship with the employee.

What is the amount of unemployment benefits?

It is worth noting that payments at the employment center during layoffs are strictly regulated by current legislation, as is their size. In the Russian Federation, the minimum and maximum benefit amounts are established:

• minimum - 850 rubles;
• maximum - 4900 rubles.

The size varies depending on the region where a person lives. For example, in the regions of the Far North this amount is slightly higher due to special premiums for unfavorable climatic conditions.

In addition, other coefficients are applied to the minimum and maximum benefit amounts, for example, the Ural coefficient of 15%. Also, an additional bonus is received by citizens who were exposed to radioactive radiation at the Chernobyl nuclear power plant, the Mayak association, and also when dumping waste into the Techa River.

So, what affects the employment center benefit during redundancy? In what amount and how long will it be transferred to the person?

1. The size and timing of payments is influenced by the labor guard.
2. Also, the amount of the benefit depends on the conditions in which the person previously worked.

Most often, the amount that a person will receive depends on his previous salary, however, as elsewhere, there are some exceptions, namely:

• the amount will be less if the person worked at the company for less than 1 year before being laid off;
• a small amount of benefits will be transferred to the employee who has repeatedly violated labor discipline.

Depending on the decision of the employment center employees, the amount may even be equal to the minimum amount established by the state.

The specific amount of unemployment benefits for a laid-off worker depends on his length of service and the level of income indicated in the employer’s certificate. If an employee who was hired less than a year earlier was laid off, he will receive less than the old-timer of the enterprise.

At the same time, the Law “On Employment...” determines a gradual reduction in payments with the time spent on the stock exchange. The first three months of receiving payments from the exchange (not to be confused with the first three months after dismissal, which are paid by the former employer), the benefit can be 75% of the average salary, the next four months - 60%, the next up to a year - 45%. But not higher than the maximum benefit amount established by the Government of the Russian Federation.

For 2021, according to resolution No. 1423 of November 24. 2021, the minimum unemployment benefit is 850 rubles, the maximum is 4900 rubles. Where regional coefficients are applied, for example, in the Far North, the benefit is increased by the corresponding coefficient.

Regardless of the reasons for dismissal and other personal factors, the amount of payments will fluctuate within the limits specified by the government, and no matter how much the old salary is higher than the established upper limit, the laid-off worker will not be able to claim an amount of more than 4,900 rubles.

The maximum period for receiving benefits from the state is 24 months over three years. After the first year of job searching, the benefit amount becomes minimal.

Dismissal due to a reduction in the number or staff of employees is considered one of the most favorable conditions for terminating an employment contract for an employee, and the least profitable option for enterprises. The imbalance of interests of the parties often leads to attempts at manipulation by the administration.

For example, forcing staff to resign at their own request in order not to bear subsequent social obligations during layoffs. At the same time, judicial practice shows that even formal violations by the employer of the reduction procedure can lead to increased costs in the courts, reinstatement of wrongfully dismissed employees and fines.

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The amount of unemployment benefits is determined by law. Since 2019, the minimum and maximum payments have been increased. When calculating the amount, the following are taken into account:

• Salary at previous job. To calculate the amount of compensation, the average earnings for the last 3 months are taken. If the registered person has not previously been employed, then he is paid the established minimum.
• Period of registration with the Employment Center. Over time, the amount of compensation decreases first to 75%, then to 60%. You can officially be listed as unemployed for up to 6 months.
• Reasons for dismissal. For example, for persons who have been laid off, there is a special procedure for registration.

An unemployed person has the right to refuse a vacancy offered by the Employment Center if he is not satisfied with the payment, place of work, schedule, etc. He can do this no more than 2 times during registration. The third visit is mandatory: in case of refusal, the citizen will be deregistered and deprived of benefits.

The capital's unemployed receive an increase of 1,500 rubles to the amount of federal payments. For those registered with the Moscow City Tax Center in 2019, the benefit amount is:

• Minimum amount – 3,000 rubles;
• The maximum amount for the general case is RUB 9,500;
• The upper limit for persons of pre-retirement age is 12,760 rubles.

How to notify?

Notification of the upcoming staff reduction is submitted to the territorial office of the employment center according to the legal address of the employer. The “Employment Law...” does not establish a uniform form of the document, however, in some subjects of the Federation there are templates approved by local authorities.

If one exists in your region, it may be more convenient to use it, but, according to the explanation of the Federal Service for Labor and Employment dated September 26, 2016 No. 13/5624-6-1, the notification can be submitted both in the prescribed form and in arbitrary _

Often, the samples include a corner stamp with the details of the employing company, the legal basis, the number of the order for the company about layoffs, and the deadline for terminating employment contracts. By law, the following information about each employee is required:

• job title;
• profession, specialty and qualification requirements;
• terms of remuneration.

Additionally, employment centers may request information about the level of education, work experience and other information about the dismissed employees.

The document, certified by the manager’s signature and seal, is transferred to the relevant Employment Center personally by a company employee , by registered mail with notification, or by e-mail if the company has a qualified electronic digital signature.

The optimal option is to submit the notification in person, as it allows you to control the deadline for receiving the document. The form is printed in two copies, one is sent to the service, the second is marked with the incoming number and the signature of the receiving official.

Important! The notice does not inform about the impending layoff itself, but about the termination of the employment relationship with each specific employee. Incorrect wording or provision of not all required information will enable laid-off persons to regain employment through the court.

Can a laid-off employee join the labor exchange?

Having been laid off due to staff reduction, having received a paycheck and all the required documents, a citizen can join the labor exchange and receive unemployment benefits or look for work on his own . Art. 178 of the Labor Code of the Russian Federation obliges the employer to maintain the average monthly salary for a laid-off employee for the next two months (including severance pay), if he has not found a new job (we talked about what other rights a person who has been reduced in the number of employees or staff has) here).

Provided that the laid-off person registered on the stock exchange within two weeks after dismissal, but was never employed, the employment service may oblige the employer to pay for the third month of job search by the former employee. Therefore, it is not necessary to join the stock exchange during a layoff, but it is advisable, since this will give you the right to financial support from the employer, and then from the state.

In what cases can an unemployed person be deregistered with the central bank and stop paying benefits?

If a citizen has found a suitable job, he is deregistered with the Employment Center and unemployment benefits are stopped. According to paragraph 2 of Art. 35 Federal Law No. 1032-1 of April 19, 1991, the legislation of the Russian Federation establishes the following legal grounds for canceling the status of an unemployed person:

• hiring an unemployed person for a new official job;
• training at the Center for Educational Sciences, advanced training courses;
• failure to appear at the Labor Exchange without good reason (more than 1 month);
• relocation of a citizen to another region of the Russian Federation;
• obtaining required payments fraudulently (for example, by providing false certificates and documents);
• sending an unemployed person to prison or compulsory (correctional) work by court decision;
• assignment of any type of pension;
• early departure from the Labor Exchange (at the request of a citizen).

Important!

Also, an unemployed person ceases to be registered with the Employment Center in the event of his death.

What is necessary?

A citizen submits an application to the employment service (the form is issued by employees and filled out on the spot). You should have with you:

• passport;
• identification code;
• insurance certificate;
• employment history;
• certificate of income for the last three months;
• documents on education, advanced training, etc.

After receiving the status of unemployed, the citizen will receive job offers from the labor exchange and, after the termination of payments from the former employer, unemployment benefits.

What payments are due?

If you were laid off at work, you can find out what payments are due at the labor exchange by studying the law “On Employment...”. According to it, the state pays two types of monetary support to unemployed citizens through the employment service:

• Scholarships are paid during the period of retraining or advanced training courses to which the applicant was sent by the labor exchange.
• Benefit – state compensation for registered unemployed people during the period of job search.

In addition, Employment Centers may offer registered unemployed people participation in paid public works . Under certain conditions, the law allows the exchange to provide financial assistance to persons whose period for receiving benefits has expired, or to unemployed people studying in the direction of the exchange.

If at work you are faced with the problem of reducing the number of employees or staff, the following publications will help you protect your rights:

• What are the grounds and reasons for laying off employees?
• What is the difference between downsizing and downsizing?
• Which category of personnel has priority right to work during layoffs?
• Who is usually fired first during downsizing?
• How does one quit a job due to layoffs?
• Who cannot be laid off due to redundancy and what to do if you were paid illegally?
• What to do if you are laid off at work?

Maximum and minimum unemployment benefits

According to the legislation of the Russian Federation, total payments at the employment center in case of layoffs cannot be provided for more than 12 months, except in exceptional cases. Transfers will be made monthly, but only if the citizen comes to appointments without a pass and on time, and does not refuse scheduled interviews.

It is worth noting that if a person, for good reasons, was unable to find a suitable place of work within a full year, then he must go through the re-registration procedure at the employment center. Re-registration gives the citizen the right to continue to look for a new job and receive redundancy payments for another 12 months.

Current legislation does not oblige the state to pay cash assistance in full amount of the average salary received at the enterprise.

Firstly, according to paragraph 2 of Article 33 of Federal Law No. 36, the maximum and minimum threshold of financial support received is established every year by decree of the Government of the Russian Federation.

So, in 2021, all benefits paid at state expense amounted to 850-4900 rubles per month. In some cases, for example, for residents of the Far North, the amount is multiplied by a regional, in this case “northern”, coefficient.

In addition, additional monetary increases to the benefit are provided for by law for participants in the liquidation of the Chernobyl disaster, persons who collected radioactive waste on the Techa River and victims of the Mayak association.

Secondly, paragraph 1 of Article 33 of the same law provides for the following formula for calculating benefits:

• for a period of 1 to 3 months of unemployment, cash assistance is paid in the amount of 75% of the average salary that the person received at the previous place of work;
• for a period of 4 to 7 months of absence from work, a benefit is paid in the amount of 60% of the average salary;
• for the next 8-12 months - in the amount of 45% of the FFP.

Attention! When calculating social material assistance from the state, the SWP is calculated not for 12, but for the last 3 working months.

Thirdly, the period for issuing benefits is 12 months from the moment when payments at the expense of the employer were terminated, but the total period of unemployment cannot exceed 18 months.

In the future, if a citizen still remains unemployed, he has the right to apply to receive social monetary support again, which also lasts 12 months, not exceeding a total period of 18 months. But now all payments will be made based on the minimum benefit amount multiplied by the regional coefficient.

Published by: Sergey Ermilov / 08/02/2017, 20:29

The 2021 increase affected both the upper and lower levels of payments. The minimum unemployment benefit in Russia was 1,500 rubles. He is appointed:

• Dismissed for violation of discipline.
• Applicants without work experience.
• Officially unemployed for over a year.

After the increase, from January 2021, the upper limit of unemployment accruals amounted to 8,000 rubles (except for persons of pre-retirement age). For example, an employee with a previous salary of 120,000 rubles who quit of his own free will is entitled to 75% of the rate in the first months of accounting. But 90,000 rub. more than the established maximum, so only 8,000 rubles will be credited.