Dismissal due to staff reduction without working for two months: early dismissal at the initiative of the employee

Payments and their calculation

Monetary compensation that an employee who has been laid off can count on:

payment for time worked in the month of dismissal;

material payment for unused vacation, calculated in accordance with the average salary and the number of vacation days;

severance pay in the amount of average monthly salary.

Attention! Payment of all monetary compensation must occur on the day of dismissal of the employee (Article 140 of the Labor Code of the Russian Federation).

If for some reason the employee was absent from the enterprise that day, the accountant will be required to make payments on the next day from the date of the employee’s request.

Under any circumstances, a person dismissed early must be paid financial compensation within the first 30 days from the date of termination of the employment contract.

Payment to a dismissed employee in the second month is due only if he does not have time to find a job by this time (Article 178 of the Labor Code of the Russian Federation). A prerequisite is that the employee must be registered with the Employment Service.

If the employment contract is canceled before the layoff begins, the employee is entitled to additional monetary compensation in the amount of the average salary. It is calculated in accordance with the time remaining before the expiration of the warning period about the upcoming reduction.

Responsibility for payment of compensation lies with the management of the enterprise. If the amount of compensation is less than required, the employee has the right to sue the employer.

Dismissal before the expiration of the term can occur either at the request of the head of the enterprise or at the initiative of the employee himself. It is very important to complete all documentation correctly. Only then will the resigned employee be able to receive the benefits and payments required by law.

Order

If the head of the company does not object to the early dismissal of an employee before the expiration of the notice period, then he issues an appropriate order. The document is drawn up in the first person and contains:

full name of the company;
requirement to dismiss (for example, Ivan Petrovich Ivanov, senior manager of the department for work with legal entities) on his own initiative;
date of dismissal;
payment request addressed to the accounting department;
date, signatures, company seal.

A dismissal order in case of staff reduction without working for two months is presented to the dismissed person under his personal signature, and then registered in the order journal.

True, it’s better to play it safe – to avoid misunderstandings . To do this, the employer and the outgoing staff need to draw up an appropriate agreement - in two copies, one for each party. It must describe exactly what payments this citizen is applying for and how and when he will receive them.

Now the departing employee can calmly go to the accounting department and receive all the money due to him, without fear that he will be reproached for his own desires.

Regulations on the Labor Code

The relationship between an employee and an employer during a reduction in the number or staff of an organization’s employees and during its liquidation is regulated by Art. 180 Labor Code of the Russian Federation. It is supplemented with comments.

Termination of an employment contract at the suggestion of the employer is regulated by Art. 81 Labor Code of the Russian Federation.

The person is personally notified of dismissal due to reduction no later than 2 calendar months in advance, which he confirms with his signature. The employer may offer to terminate the employment relationship before the notice period expires, then the dismissed person does not have to work for 2 months. Also, their termination can occur at the request of the employee himself.

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How to quit?

Actually, the process of early dismissal due to staff reduction at the employee’s initiative will look the same as in the standard case:

the head of the company issues an order to begin reducing staffing levels and sends it to the personnel service;
HR officers are engaged in compiling lists of applicants for reduction (Article 179 of the Labor Code);
those who are “lucky” to get on these lists receive notice of layoffs - this must happen no later than two months before the date of dismissal;
if there are those who do not agree to sign the notification (and they have the right to do so), then this does not change the essence of the matter, but nevertheless, an appropriate act must be drawn up. Later, this paper will be included in the employee’s personal file;
a citizen who wishes to resign early writes an application in the appropriate form and submits it to the office, where it must be registered;
the head of the company makes a decision and imposes a resolution;
an order is issued;
The employee is paid on the day of his departure and an entry is made in the work book.

Benefits and guarantees

A person who quits before the notice period has expired is entitled to the same payments as those who ceased activity within the specified period. The employee will also receive additional compensation for the remaining days before the originally set date.

Upon dismissal due to staff reduction, the following payments are due:

payment for all days worked;
payment for unused vacation days;
severance pay.

Additional compensation is accrued for the days remaining between the date of actual dismissal and the initially specified period, and it depends on what the employee’s average salary was. An employee can receive this payment on his last working day.

Calculation of payments using the formula

To calculate the amount of compensation, you need to know the amount of one day's earnings. To do this, the entire amount of actually accrued payments for the year is divided by the number of working days for the same period of time.

For example, with a salary of 30,000 rubles per month and 246 working days, the following calculation is obtained:

30,000*12/246=1463.40 rub.
One-day earnings are 1,463.40 rubles.

To calculate the amount of compensation, you need to find out how many working days remain from the day of actual termination of activity to the originally established date. If the notice is signed on October 30, 2021, then the employment relationship must last until December 30, 2021. In the event of voluntary termination of the contract on November 13, 2021, compensation will be paid for the period from November 14 to December 30, 2021. In this period, 34 workers day. The amount of compensation can be calculated as follows:

1463.40*34=49755.60 rub.
The employee is entitled to compensation in the amount of 49,755.60 rubles.

The procedure for dismissal without working for two months

If the employer becomes the initiator of early termination of activities, then this procedure takes place in several stages:

notifying the employee about the date of dismissal;
approaching an employee with a proposal to terminate the employment contract without waiting
the specified date;
obtaining written consent.

If an employee wishes to terminate the contract before the end of the notice period, he must write a statement and submit it to the head of the company for consideration.

Important! You should fill out such an application after consulting with a lawyer or carefully studying all the details. If filled out incorrectly, a person may lose part of the allotted money.

Nuances of filling out the application

If the employee’s application contains only a request for dismissal of his own free will, then he will lose all payments due to him, despite the fact that he has already been familiar with the dismissal order due to staff reduction. To avoid this typical mistake, you must fill out the application correctly.

Sample application for dismissal during layoff.

The document must contain the following columns:

the exact name of the organization;
to whom it is addressed;
from whom;
the fact of signing a dismissal order due to reduction;
consent to premature termination of employment relations indicating the exact date;
please pay all due payments.

You should finish by indicating the date of writing and a signature with a transcript.

Making an order

If both parties agree to early termination of activities, an order is drawn up. It contains the following data:

Full name of the enterprise or institution.
Personal data and position of the employee with a request for his dismissal.
Expiration date of the employment contract.
Contacting accounting staff with a request to make payments.
Date and signature of the manager.
Company seal.

Sometimes it is useful to draw up an agreement between the dismissed employee and the employer, indicating the accrued payments and their amount. You can also specify the timing of their receipt.

Entry in the work book

The entry in the work book, just as always, must accurately reflect the reason for dismissal. In case of termination of activities due to staff reduction, clause 2, part 1, art. 81 Labor Code of the Russian Federation.

The following data must be entered:

record number;
the date of its entry;
order number and date of signing.

Filling out is completed with the signature of the HR inspector and the employee. The organization's seal is affixed.

Submitting an application

In case of early dismissal due to staff reduction on the initiative of the employee, as with any other voluntary resignation, you will have to write a statement . You just need to do it correctly.

Many citizens do not know how it will differ in a particular case - and the leaders, understandably, are not interested in giving hints - and write the usual petition.

And the result is the standard 77th article of the Labor Code, that is, the usual personal desire - no benefits, no additional payments, and when the unlucky citizen realizes it, it is already too late.

So, in our case, the paper should contain:

full name of the organization;
to whose name it is addressed;
from whom, position, department;

a phrase confirming the fact of familiarization with the beginning of the reduction and the fact of signing the relevant notice and order;
confirmation that the applicant has been offered a number of alternative vacancies;
a request for early dismissal - even under all the conditions described above;
a request to retain all payments that are due upon reduction;
date, signature with transcript.

Tell me what specific payments I am entitled to in case of early dismissal due to staff reduction!…

Employees continue to work as usual until the date specified in the order, and on the last working day the final payment is made with the issuance of a work book, compensation for unused days of calendar leave, all wages due to the employee and severance pay.

This type of guarantee is provided for by labor legislation for employees dismissed due to layoffs and is intended to provide the maximum possible financial support during employment.

This means that on the last day at work the employee must receive an additional payment in the amount of the average monthly salary. If, after a month from the date of dismissal, he does not get a job, the former employer is obliged to re-pay him a month's salary.

Please note that the employer must pay the average salary for the second month provided that the employee does not get a job.

Unlike notifications, which must be strictly individual, the order can be one for all employees being laid off - this does not contradict the law. Calculation As you know, with any dismissal, no matter what the result, on the last working day the employee must receive in his hands:

work book and certificate of average salary for the last working year;
the wages he earned for that day;
compensation for unused calendar vacation days.
Upon dismissal due to staff reduction, without or with work, you are also required to pay severance pay.

Payment of severance pay Since staff reduction does not occur at the request of the employee, labor law guarantees him the maximum protection that is possible in this situation.

Attention Good luck to you.———————————————————————— In case of early dismissal when an employee is laid off (with his written consent), we pay the employee immediately: standard... Question to a lawyer: Hello .

In case of early dismissal when an employee is laid off (with his written consent), we pay the employee immediately: standard dismissal payments plus severance pay for the remaining time before the planned reduction. Further, if he is unemployed, we pay benefits for 2 months.

(for example, in the amount of 20,000) minus the paid severance pay (for example, 15,600), i.e.

But this will be a right, not an obligation of the employer. If he doesn’t agree, he will have to work until the date of dismissal due to reduction or resign of his own free will in the usual manner.

——————————————————————— How long is an application for early dismissal during a reduction considered?... Question to a lawyer: Good afternoon.

How long does it take to consider an application for early dismissal during layoff? Lawyer's answer to the question: early dismissal due to layoffs Good afternoon! also 2 weeks according to Art.

80 of the Labor Code of the Russian Federation——————————————————————— I would like to clarify the point whether I can be the initiator for early dismissal when reducing the organization’s staff at the moment... Question to the lawyer: Good afternoon ! I would like to clarify the point: can I be the initiator for early dismissal when reducing the organization’s staff at the time of signing the notice of the upcoming reduction? I read this from the answers on the same site.

RF is not provided. Negotiate with your employer. Perhaps he will agree to dismissal under Article 78 of the Labor Code of the Russian Federation by agreement of the parties with payment of severance pay in the amount established by Article 178 of the Labor Code of the Russian Federation.

——————————————————————— How to correctly formulate a statement (if required) or an agreement for early dismissal in case of staff reduction... Question to a lawyer: How to correctly formulate a statement ( if it is required) or an agreement for early dismissal in case of staff reduction, so as not to work for two months, but have the right to receive all due compensation in case of such dismissal?

Lawyer's answer to the question: early dismissal due to layoffs Good afternoon, Dmitry Vladimirovich! If an organization is planning to downsize, then an employee who understands that his chances of staying at his job are very small should consider downsizing as the most profitable option for dismissal.

400 bad request

Themes:
Dismissal
At the initiative of the employer
Reduction

Dismissal due to reduction is often perceived negatively by employees, but the law provides for the payment of severance pay as compensation.

Find out what compensation a redundant employee receives if dismissed before the expiration of the two-month notice period, how dismissal due to redundancy is formalized in 2021, what are the rules for dismissal due to redundancy.

From this article you will learn:

what compensation does a laid-off employee receive upon dismissal before the expiration of a two-month notice period for dismissal;
How is dismissal due to redundancy formalized?
What are the rules for layoffs regarding layoffs?

The dismissal of an employee due to reduction is regulated by Article 81 of the Labor Code.

Important In fact, if an employee quits without waiting for the notice period to expire, he is entitled to wage payments for each working day that he did not complete. That is, if the notice period expires on October thirtieth, and the employee quits on the first, he is entitled to a salary for this period.

In addition, if during the current year an employee took vacation days in advance, upon termination of the employment contract, no compensation will be collected from him. But payment of average earnings in case of early dismissal is not provided.

By and large, concealing due payments is illegal, but if an employee does not know that he is owed money, he will not demand payment, therefore, the employer can “save.”

How to formalize this consent? Are there any forms or can it be free? - There's no such thing. This is most likely an attempt to set you up. Thank you in advance for your answers Arthur, today at 14:24 Konstantin Pavlovich, tell me, if I am in the process of being laid off and working for 2 months, I find a job - what payments should the employer make? (those.

will redundancy benefits be paid and the remaining days before the expiration of these 2 months)

Continue the dialogue Pay for the response Questions in private and clarifying questions - after payment for the consultation.

Can the employer prevent my dismissal before the date of dismissal due to redundancy? What does it mean to hinder? You will simply be fired on the designated day.

The procedure for reducing the staff or number of employees Regardless of what type of termination of the employment contract will be used at the enterprise, and whether there will be dismissal due to reduction without work, the procedure is structured the same:

each employee who is subject to layoff is sent a notice of upcoming dismissal;
a dismissal order is issued for the enterprise;
On the last working day the final payment is made.

Notice Mandatory written notice must be sent to each employee two months before the expected date of termination of the employment contract. That is, if the boss wants to exclude any position from the schedule from the first of May, he must inform his employees about this no later than the last day of February.

You can calculate what will be more economically profitable:

if you stay at your workplace for all the sixty days required by law, then on the last working day you are entitled to a severance pay in the amount of your average monthly earnings, the same benefit can be received if you subsequently do not find a job within a month;
if you quit immediately, as the upcoming layoff was announced, you can only count on the salary that would have been received if the employee had worked until the end of the period specified in the warning.

It should also be mentioned that if the internal documents of the enterprise take into account an additional payment upon dismissal in any case, then the employee should receive it regardless of whether he leaves in two months or earlier.

Hello! I received a warning from my employer about the upcoming dismissal due to staff reduction, the date of reduction of my position is 3 months after receiving the notification. I would like to resign due to reduction (clause 2, part 1, article 81 of the Labor Code of the Russian Federation) earlier than the specified period. What should be my actions in order to correctly complete this procedure and receive all the payments due to me!

Lawyer's answer to the question: early dismissal during layoffs Agree with the employer regarding early dismissal. According to Part 3 of Art.

180 of the Labor Code of the Russian Federation, the employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal period.

———————————————————————

Lawyer's answer to the question: early dismissal due to layoffs If you quit before the notice period, the employer has the right not to fire you on the grounds of clause 2, part 1 of Art.

81 of the Labor Code of the Russian Federation and pay severance pay for reduction, but simply dismiss under 80 of the Labor Code of the Russian Federation. This procedure is not provided for in the Labor Code of the Russian Federation. Negotiate with your employer. Perhaps he will agree to dismissal under Art.

78 of the Labor Code of the Russian Federation by agreement of the parties with the payment of severance pay in the amount established by Article 178 of the Labor Code of the Russian Federation.———————————————————————

How to correctly formulate an application (if required) or an agreement for early dismissal when reducing staff, so as not to have to work for two months, but have the right to receive all the compensation due upon such dismissal?

Lawyer's answer to the question: early dismissal during layoffs Good afternoon, Dmitry Vladimirovich!

If an organization is planning to downsize, then an employee who understands that his chances of staying at his job are very small should consider downsizing as the most profitable option for dismissal. Reduction of staff provides guarantees and compensation for persons who quit.

Salary for all actually worked shifts or days in the month in which the employee writes the application;
Compensation for missed vacation;
Severance pay in the amount of one average monthly salary of this employee;
Benefits during the employment of a redundant employee. According to the law, the employer must pay only 2 months of employment in the amount of the average earnings of this employee for each month;
If an employee registers with the employment center within 2 weeks after being laid off, but is still unable to find a job within 2 months, then the employer must pay another average salary.
If early dismissal occurs due to layoff at the initiative of the employee, the employer must pay another benefit, which is calculated in proportion to the remaining working days before the layoff.

Info
Then, once the agreement is signed by the parties, a dismissal order is created.
Based on this order, all payments due are calculated: wages for time worked, vacation payments for unused vacation, as well as other compensation, if any are established by the internal rules and documents of the company;
The employee transfers all matters to the manager or employee who will perform his official duties after dismissal;
Financially responsible persons transfer all property and material assets, if necessary, an audit is carried out and a special report is drawn up on its results;
The employee receives all payments on the day of dismissal or earlier, but not later.

Important
Compensation for early dismissal, the amount of which depends on the employee’s average earnings and the number of working days remaining at the time of dismissal before the expiration of the notice period for layoffs (Part 3 of Article 180 of the Labor Code of the Russian Federation).
Severance pay in the amount of average earnings for 1 month (Part 1 of Article 178 of the Labor Code of the Russian Federation).
Payments for 2 months after dismissal, allotted by law for job search, in the amount of average monthly earnings (Part 1 of Article 178 of the Labor Code of the Russian Federation). In this case, the severance pay is counted as the first such payment, and the next one must be made provided that in the 2nd month after the layoff the employee still has not found a new job and confirmed this with a work record book.
Payment for the 3rd month of searching for a suitable job, if the conditions for a timely application to the labor exchange and the absence of employment in the 3rd month after dismissal are met (Part.

Payments for early dismissal during layoffs

In practice, management often begins to persuade, or even force, employees to resign in advance. In this case, of course, the issue of benefits is simply omitted, and employees leave the enterprise, receiving only wages and compensation for vacation days.

In fact, if an employee quits without waiting for the notice period to expire, he is entitled to wage payments for each working day that he did not complete. That is, if the notice period expires on October thirtieth, and the employee quits on the first, he is entitled to a salary for this period.

By and large, concealing due payments is illegal, but if an employee does not know that he is owed money, he will not demand payment, therefore, the employer can “save.”

Lawyer's answer to the question: early dismissal during layoffs Agree with the employer regarding early dismissal. According to Part 3 of Art. 180 of the Labor Code of the Russian Federation, the employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal period.— ——————————————————————

Lawyer's answer to the question: early dismissal in case of layoffs If you quit before the notice period, the employer has the right not to fire you on the grounds of clause 2, part 1, article 81 of the Labor Code of the Russian Federation and pay severance pay for layoffs, but simply dismiss you under Article 80 of the Labor Code of the Russian Federation. This procedure is not provided for in the Labor Code of the Russian Federation. Negotiate with your employer.

If an employee refuses to resign of his own free will or to switch to a lower-paid job, the head of the organization is obliged to carry out the procedure for dismissing the employee by reducing staff in accordance with the law.

The dismissed employee, two months before the upcoming layoff date, receives a signed notice informing him that his staff position will be reduced. During the two months before the scheduled dismissal date, the employee has the right to leave his workplace for 4 hours a week to look for a new job.

Upon dismissal due to staff reduction, the employee receives severance pay in the amount of one month's salary and retains a second monthly salary if the employee does not find a new job within the second month after dismissal.

Also, a dismissed employee has the right to receive a third severance pay, but only if two weeks after dismissal he registers with the employment center.

In addition to severance pay, the dismissed employee receives monetary compensation for all his unused vacations. The employee receives all payments due upon dismissal due to staff reduction on the next day when the organization issues wages. Good luck to you.-----------------------

Hello. In case of early dismissal when an employee is laid off (with his written consent), we pay the employee immediately: standard dismissal payments plus severance pay for the remaining time before the planned reduction. Further, if he is unemployed, we pay benefits for 2 months. (for example, in the amount of 20,000) minus the paid severance pay (for example, 15,600), i.e., we pay an additional 4,400? And then for another 1 month?

Lawyer's answer to the question: early dismissal in case of layoff Why minus - severance pay, if you are not employed, it is considered as for the first month, for the second - full average earnings.————————————————— ——————

Do I lose money if I quit early during a layoff?

Lawyer's answer to the question: early dismissal due to layoffs Good evening!

You do not lose money, moreover, in accordance with Art. 180 of the Labor Code of the Russian Federation, the employer will be obliged to pay you additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the notice period for dismissal.——————————————————————— —

Is work required for early dismissal when staffing is reduced?

Lawyer's answer to the question: early dismissal due to layoffs Hello, Ira! What kind of work are you talking about? If you want to quit before the notice period expires, contact your employer to dismiss you with compensation. Then the wording will be by agreement of the parties.

Good afternoon. How long does it take to consider an application for early dismissal during layoff?

Lawyer's answer to the question: early dismissal due to layoffs Good afternoon! also 2 weeks according to Article 80 of the Labor Code of the Russian Federation———————————————————————

Good afternoon

I would like to clarify the point: can I be the initiator for early dismissal when reducing the organization’s staff at the time of signing the notice of the upcoming reduction?

As a general rule, employees must be notified of an upcoming dismissal due to a reduction in numbers or staff at least two months before the dismissal. If an employee quits without waiting for the layoff date, he has the right to count on additional compensation upon dismissal. The amount of additional compensation in case of staff reduction is equal to the average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal. Consent to early dismissal must be in writing.

Thank you!

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.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

(i.e. the employee must not write a letter of resignation of his own free will)————————————————————————

Good morning! 04/26/2013 warned about the layoff, quit early due to layoff on April 30, 2013. Thank you

Lawyer's answer to the question: early dismissal due to layoffs You are simply required to pay for the days remaining before the end of the notice as if you were working.

Everything else is as usual.

If you are dismissed due to staff reduction on the last day of work, you must be paid the remaining salary, compensation for unused vacation and severance pay in the amount of average earnings.

At the end of the second month, the employer is obliged to pay you the average salary if you present him with a clean work record book (that is, you do not get a job).

The employer will be obliged to pay you the average salary for the third month only if you applied to the Employment Center within two weeks after your dismissal and it was unable to employ you until that time (that is, a certificate from the Central Employment Office).——————— ————————————————

Lawyer's answer to the question: early dismissal due to layoffs Hello.

Yes, it is subject.

If you need help in drawing up all the necessary documents and resolving your issue, please contact me, I will be happy to help you.———————————————————————

Lawyer's answer to the question: early dismissal due to reduction YES. subject to credit———————————————————————

Lawyer's answer to the question: early dismissal due to layoffs In Art. 394 of the Labor Code of the Russian Federation stipulates that if the dismissal is declared illegal, the employee must be reinstated in his previous job. At the same time, a decision is made to pay the employee average earnings for the entire period of forced absence.

The average earnings to pay for the time of forced absence are determined in the manner prescribed by Art. 139 of the Labor Code of the Russian Federation.

In paragraph 62 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” it is determined that when collecting average earnings in favor of an employee reinstated in his previous job, or if his dismissal is declared illegal the severance pay paid to him is subject to offset.

Thus, the amount of severance pay is not reimbursed by the employee, but goes towards the offset of the amounts accrued by the organization for forced absence.

In accordance with Art. 121 of the Labor Code of the Russian Federation, the time of forced absence due to illegal dismissal and subsequent reinstatement at the previous job is included in the length of service, which gives the right to annual basic paid leave.

Order of reduction

The reduction process begins from the moment the list of those to be laid off is compiled. This is done by the personnel officer or human resources department. Next, the manager uses notifications to warn employees about the upcoming procedure. This happens 2 months before dismissal under the standard.

Important! All employees must be notified of subsequent layoffs. Otherwise, the employer may be held liable for violating the layoff procedure.

All relations between management and employees during layoffs of any type are regulated by Article 180 of the Labor Code of the Russian Federation. Early termination of an employment contract is established by Article 81.

The initiator of termination of work before the established deadline can be either the employee who is being laid off or the manager. There is one important point in the form of the need to agree on leaving a position with senior management in case of early termination.

Without approval, you cannot leave your job for redundancy before the deadline. For such a case, voluntary dismissal is used, but this option means the loss of most of the additional funds.

An early break can be accomplished in two ways. The first is to draw up an agreement based on the contractual form in writing. The second option is early dismissal, which is agreed upon with the employer.

An agreement is a special form of dismissal, and early dismissal is one of the options for leaving without working off.

Important! Early dismissal must be agreed with the manager, since he has the right not to release the employee before the deadline.

The order of reduction without working out:

notification to the employee of layoffs;
the employee writes a statement including special points;
agreement is made with the employer;
The dismissal procedure and settlement begins.

On the last day of work, the employee will receive all due compensation, as well as a package of documents.

It is worth considering that you can either remove the working period after receiving the notice or shorten it.

Read on the topic: How much salary do they pay during layoffs?

Read on the topic: How to draw up minutes of a staff reduction commission meeting? Sample document

Downsizing and early dismissal

How should early dismissal due to staff reduction occur? It is important to know the answer to this question not only for the employer, but also for the employee - after all, having the necessary information, you can always understand whether the boss is trying to violate the legal labor rights of the employee.

Speaking about the rights of an employee, we need to start from the very beginning: with how the dismissal procedure for redundancy is stipulated in the Labor Code of the Russian Federation.

This issue is addressed in the second paragraph of the eighty-first article - dismissal at the initiative of the employer. The text of the article states that the manager has the right to terminate the employment contract if he reduces the staff or number of employees at the enterprise.

This is not indicated in the text of the article, but every decision to reduce employees must be justified and carefully prepared.