When an employee is dismissed due to a reduction in headcount or staff, the employer is obliged to pay the former employee severance pay in the amount of his average monthly earnings (according to Article 178 of the Labor Code of the Russian Federation).
Let's find out in which case an employee has the right to receive benefits for the second month after such dismissal and what needs to be done for this.
Application for payment of redundancy benefits for the third month sample
The two-week period also includes non-working days (Article 14 of the Labor Code of the Russian Federation). An employment or collective agreement may establish increased amounts of severance pay. In accordance with the Determination of the Armed Forces of the Russian Federation dated September 10, 2021 N 14-B10-10, severance pay to a laid-off employee can be paid six times the amount.
All companies and individual entrepreneurs need to submit some kind of statistical reporting. And there are so many forms of this reporting that it’s not surprising to get confused in them. To help respondents, Rosstat has developed a special service. using which you can determine what statistical reporting needs to be submitted to a specific respondent. However, unfortunately, this service does not always work correctly. The list of types of state control in which a risk-based approach is applied has been expanded.
Application for payment upon dismissal for 2 months: sample for downloading
The law does not provide for an application form for redundancy payment for 2 months, so it can be filled out in free form. The application letter must be accompanied by a copy of the work record and a certificate from the Employment Center, which will indicate that there are currently no vacancies for such an employee. Many lawyers recommend sending the original work book, due to the fact that it will be proof of the person’s unemployed status today. However, the letter will need to indicate an additional column in which there will be a reminder of the responsibility for finding such a document with the organization.
Everyone knows that in the event of a forced reduction in staff numbers, the employer is obliged to provide severance pay to its employees. This cash payment serves as the main means of supporting the employee until he is hired. According to the law, after passing the position, a citizen has the right to register at the labor exchange so that they can find him a similar position or vacancy in his profession. In cases where such proposals are not received within two weeks, the employer will have to re-pay severance pay, as stated in Part 2 of Article 81 of the Labor Code of the Russian Federation. To receive it, you need to fill out a sample application for payment of redundancy benefits for the second month.
Popular questions
I was fired from my job due to layoffs. How long will it take for me to get paid for the second month?
The answer to this question is contained in several documents. Along with the Labor Code, the provisions of the document approved in 1988 under number 113/6-64 by the State Labor Committee apply. If you and the employer did not make any legal errors when preparing the documents, the procedure will be as follows. You have the right to cash out payments on the days you receive your salary together with your former colleagues (the dates are specified in the employment agreement). You must have your passport and work book with you. The procedure for receiving compensation for the third month will be more complicated - you will also need a certificate from the Employment Center.
Money for the third month can be obtained by providing a certificate from the Employment Center
After I was fired due to a reduction in staffing levels of the department in which I worked, I was compensated for the loss of my salary for the month. After the second month, I am still not employed. On this basis, I wrote and submitted an application for payment during the second month. During the dismissal process, there was a conflict with the administration. How long after can I write a statement to the court if, for subjective reasons, I am denied benefits?
If refused, you have the right to file an application for trial within three months.
Where can I get an official application form for payment of benefits for the second and third months after layoff? What is the difference?
There is no legalized application form. There is a list of details that must be contained in it. The text itself is written in free form, or the enterprise has a template approved by the administration or human resources department.
The application is drawn up in any form
The differences exist not in the application form, but in the attached documents. For the second month, it is enough to bring the original and a copy of the work book. The Human Resources Officer will check the pages for missing employment records and make a note on the copy. A redacted copy will be sent along with your application for signature by your supervisor.
If these are third month payments, a separate certificate from the employment authorities will be required. The inspector must confirm that no suitable vacancies were offered to you during this time.
It is important to know that the guarantee of payment for the third month is preserved only if the employee is registered with the employment service no later than two weeks after dismissal. This requirement is contained in Article 178 of the Labor Code. Or more precisely, 14 days including weekends. And, as already mentioned, there was no employment.
Excerpt from Article 178 of the Labor Code of the Russian Federation
I worked as a retiree and was laid off due to a change in staffing. Can I claim benefits for two months after dismissal along with other laid-off employees?
The existing procedure remains in force in relation to dismissed retired employees. They have equal rights to payments. This is confirmed by the provisions of the letter of Rostrud dated 2005 under number 1539-6-2.
I was laid off due to a change in headcount. Completed all documents for payments. Within the second month I got a job. Will I receive compensation for this month or will payments stop?
Payments for the second month will not be lost. But the calculation will be made for those days when you did not work. Since you do not give specific dates, let's look at the case using an abstract example. The reduction date is February 12, 2014. The two months will expire on April 12, 2014. Let’s say someone started a new job on April 2. The former employer will be required to pay for days of forced absence from work for the period from March 13 to April 1 of this year. In your demands in this regard, you can rely on Article 178 of the Labor Code and Decree of the Government of the Russian Federation No. 922 of December 2007.
Excerpt from Russian Government Decree No. 922 of December 2007
After being fired due to redundancy, I wrote an application addressed to the director to receive payments for the second month. I am registered with the employment service, but during this time I was not employed. How long will it take for me to receive money from the moment I register my application?
The laws do not provide for strict deadlines for payments. In most cases, payment in cash is made the next day after registration of the application or on the next day provided for settlements with employees. When transferring funds by bank transfer to a bank card or personal account, the financial transaction also takes place on the days of transfer to the majority of employees.
We remind you that the application must be accompanied by a copy of the work record book with a note from an employee of the organization that the original does not contain employment records for the past two months.
At our place of work, we continue to talk about layoffs in the next 6 months. Employees discuss their prospects and the possibility of receiving a safety net in the form of redundancy payments. What exactly are we talking about?
It is important to remember that you have the legal right to receive a layoff order in advance (no later than two months before the date of the proposed dismissal). Then the administration should provide you with the opportunity to fill other vacancies in this organization. If there are none, you have the right to written notice that such an opportunity does not exist. For its part, the administration receives guarantees when the employee confirms with his signature the fact that he was promptly informed of the employer’s decision. For the same purpose, he writes a written consent to dismissal. The next step will be to make the appropriate entries in the work book and calculate payments, which were discussed in detail in the article.
After layoffs, employees are entitled to receive severance pay
The Labor Code provides for the protection of the rights of employees who have been laid off for various reasons that do not depend on their conscientious attitude to their duties. If we summarize the data, it turns out that on the day of dismissal it will be calculated according to the following criteria:
- they will calculate the salary for the days of the current month that he actually worked;
- they will add compensation for days of unused vacation, of course, if he has already earned it;
- a dismissal order due to reduction automatically entitles you to severance pay, even if the dismissed employee has already found employment within the first month;
- if the dismissal occurred before the date of the order, an amount will be added that will cover the difference in days from dismissal to reduction, in proportion to average earnings.
Based on the order, the administration sends documents to the employment center. The employee who has been laid off is registered. The fact that employment does not occur within the first or second month from the date of dismissal gives him the right to additional payments for these months too.
An employee who has been laid off is registered with the Employment Center
To do this, you need to write an application and provide a copy and original work book. If there are no employment records, payments will be made.
Labor legislation provides for the protection of the rights of employees who have been laid off. But some of the subtleties in the legislation are not spelled out as clearly as we would like. This makes it possible for unscrupulous managers to avoid payments and compensation or delay their deadlines. Most situations in this area are established by legal practice and require only basic knowledge in the field of labor and civil law. Be careful and improve your legal literacy. This will help you find the right way out of various situations, no matter how difficult they may seem.
Sample applications for payment of redundancy benefits for the first, second and third months
- the citizen must be registered with the employment department;
- during the period of registration, the unemployed must comply with all legal rules, including attempting to find employment in the directions of the employment service (refusal to work must be motivated);
- The citizen must have no earnings or income from other sources.
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The application is registered according to the general rules of internal document flow. After approval by the manager, the document is sent to the financial service to calculate compensation. To correctly calculate compensation, the average earnings of a citizen at the time of dismissal are used.
How to receive redundancy benefits for the second month, sample application for payment
This practice is rare, since not everyone has the desire and financial capacity to increase compensation. In addition, increased amounts are not exempt from income and unified social tax.
The employer may offer the employee to terminate the employment agreement before the end of the period specified in the notice of layoff. If he accepts the conditions, then the dismissal is formalized by agreement of the parties or at the initiative of the employee. As a result, the fired person receives severance pay, but the compensation due upon layoff is not retained.
Sample application for payment of redundancy benefits for the second month and features of its execution
- wages for the last month of work (calculated in proportion to the days actually worked);
- compensation for unused vacation (if it is earned but not used);
- severance pay in case of layoff (the basis is an order of dismissal due to layoff, paid regardless of whether the person is employed in the first month after dismissal or not);
- compensation in case of dismissal before the date of layoff (calculated based on average earnings in proportion to the days remaining before the date of layoff).
- A cap. In the header of the application you must indicate:
- position of the head of the organization;
- FULL NAME. head of the organization;
- name of company;
- FULL NAME. dismissed employee;
- employee registration address;
- employee contact number.
- Text of the statement. The text of the application must contain the following information:
- a direct request to pay the average monthly income required by law upon layoff (indicating the date of dismissal and the period for which payment must be made);
- justification for payment (information about non-employment during the specified period);
- a list of documents attached to the application (for this type of compensation, a certified copy of the work record book);
- payment method indicating details (in case of transferring money to a bank account or card).
- Visa . At the end, you must put the date the application was written and the employee’s signature.
- applications for severance pay for the second month after layoff
- applications for severance pay for the second month after layoff
What points should an order for payment of compensation contain?
The content must indicate points that are mandatory for all relevant documents and specifically for the order for the provision of compensation payments.
A required detail is the document number. Registration is carried out using it. All official papers are recorded in the departments of the enterprise once. Those that are issued - on the day of signing, and deposited - on the day of receipt. The journal contains the date and index of receipt in the registration stamp. Thus, the document acquires a registration number.
The date of writing and the place of publication of the document must also be indicated. The next required detail is the name of the enterprise or organization (firm).
The order for payment of compensation must be drawn up correctly and contain a link to the article of the Labor Code, the name of the enterprise, etc.
The order must contain a logical and justified basis for changing the employee’s status. The text contains a link to the current article of the current Labor Code.
The document must clearly state the employer's order regarding the calculation and payment of compensatory benefits. An important point is the order to maintain the SWP while the employee looks for a new place of employment. And also, a clause on the payment of additional compensation.
In the same order, the accounting department receives instructions for the following actions:
- make all calculations based on the order;
- pay the agreed amounts.
Note! If there are grounds for terminating the contract earlier than the specified date, insert a link to the employee’s application (necessarily with the date).
The order must contain a link to the employee’s statement
This is followed by the director’s signature with a transcript.
The employee must sign and date it to prove that they have read the text.
Sample application for compensation for the third month of redundancy
Thus, taking into account the above, recognition of a citizen’s right to retain his average monthly earnings during the third month from the date of dismissal in accordance with Part 2 of Art. 178 of the Labor Code of the Russian Federation can be justified and lawful not only in the presence of the very fact of registration of a given citizen by employment service institutions in order to find a suitable job, namely when registering a citizen as unemployed, carried out within 10 days from the date of initial registration in an employment institution of the population, if within the specified period it was not possible to provide the citizen with suitable work.
When an organization is liquidated or its staff is reduced, the dismissed employee is paid severance pay in the amount of average monthly earnings. He also retains his average monthly earnings for the period of employment, but no longer than for two months from the date of dismissal (including severance pay) (clause 1. 2, part 1, article 81. part 1, article 178 of the Labor Code of the Russian Federation ).
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How to calculate the amount that must be paid
Employers enter into labor or collective agreements with employees regarding the occurrence of such issues. Article 178 of the Labor Code of the Russian Federation provides for the reasons for termination of an employment contract, in which they are obliged to pay benefits and the corresponding amounts of payments.
Reasons for termination of an employment contract | Amount of severance pay |
Declaring the company inactive. Reducing the number of employees or the number of positions in the company's workforce. | Average monthly earnings. An employee who has been fired has the right to receive an average monthly salary until he can get a new job. This opportunity remains for 2 months from the date of dismissal (no more). * As an exception, you can apply for and receive the average monthly salary for the third month from the date of dismissal of the employee. The opportunity can be realized if the employment service was unable to employ him within this period. |
The employee disagreed with the transfer to another position given to him due to a medical report (in accordance with current regulatory documents) or the manager was unable to provide the required option. The employee was called up for military service or an alternative civilian uniform replacing military conscription. An employee who had legally interrupted his work returned to his previous place of work. The employee refuses a job transfer that requires moving to another location with the employer. The employee was declared unable to perform his job duties based on the conclusion of a commission of specialists (issued in accordance with the procedure described in the current regulatory documents). The employee refused to continue working due to amendments to some chapters and terms of the employment contract. The amount of the benefit is the amount of two weeks' average salary. | Two-week average earnings. |
Excerpt from Article 178 of the Labor Code of the Russian Federation
Another case is when an employer terminates an employment agreement (contract) with a person who has foreign citizenship. The reason may be the termination or cancellation of the permit to attract and use foreign employees, which served as the basis for applying for a job.
Note! If an employee is dismissed on grounds that fall under the category of disciplinary sanctions or are defined by law as guilty actions (inaction), the employer has the legal right to refuse to pay severance pay.
If an employee was dismissed due to disciplinary action, he will not be paid benefits.
Sample application for payment of redundancy benefits for the second month and nuances of receiving compensation
According to Article 178 of the Labor Code of the Russian Federation, a laid-off employee has the right to receive, on the last day of work, along with the final payment, severance pay in the amount of average monthly earnings (AMS). And also, if he does not find a job during the second and third months (in this case, a certificate from the SZN is required), he will receive the SWP for these months as well.
- Full name of the former employee, his passport details, registration address and postal contact phone number.
- Introductory part - indicating the date of reduction and previous position.
- A clearly understandable request to pay the money required by law upon layoffs.
- Justification for payment - this will be the fact of unemployment at the time of application.
- The preferred method of receiving money is in cash or to a bank account.
- List of documents attached to the application.
Sample application for payment of benefits for the third month in case of layoff
If you are laid off, you receive compensation for the first month of unemployment: from April 23 to May 22. If you have not been paid wages or compensation for vacation or severance pay upon dismissal, then you need to go to court. Don't miss out! You have only 3 months from the date of dismissal to go to court. How to collect wages was discussed in a separate article. Contact us, your interests will be protected.
An employee's application for payment of severance pay in case of layoffs. Question: Our employee was laid off and left ahead of schedule. Until he gets a job, we must pay him compensation in accordance with Art. We have already paid him compensation for the first month, now we have to pay for the second month. Where can I see a sample application for payment of compensation for the second month, as well as a sample order that we must draw up? Answer: In accordance with Art. The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the two-month notice period for dismissal due to reduction, paying the employee additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice period for dismissal. If an employment contract is terminated due to a reduction in the number or staff of the organization's employees. In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to This body was not employed by him.
How many payments are due?
Without considering special cases, according to the standard, you can receive a payment in the amount of the FFP three times:
- Directly on the day of dismissal - it is issued along with the salary for the last period, vacation pay, and arrears. The basis for issuance is an order of dismissal due to reduction.
- The second time - 2 months after the layoff, at the written request of the dismissed person , on the basis of which the employer draws up an order to pay money from the cash register. You will find a sample application for payment of compensation in case of layoffs just below in the article.
- The third time - 3 months after dismissal, also at the request of the person. But in this case, a certificate from the employment agency is paramount. In this certificate, the inspector confirms that the person has been registered with the SZN for 2.5 months and is still unemployed. Not everyone receives the third payment, because... usually they either find a suitable place through the SZN, or turn their nose up at every suitable vacancy and simply “don’t deserve” a positive decision from the inspector.
Sample application for compensation for the third month of redundancy
- wages for the last month - in proportion to the hours actually worked;
- severance pay – one average monthly salary for the month following dismissal;
- compensation - for missed vacation, work on holidays, weekends, etc.;
- average earnings for the second and third months - according to the decision of the Employment Service.
Downsizing is a legal way to restructure a company by reducing the number of employees. The procedure is strictly regulated by law and controlled by the State Labor Inspectorate.
Sample application for payment of benefits for the second month after layoff
This stage ends with the issuance of an order for your dismissal, which contains information about the warning notice issued to you, as well as the agreement to terminate the employment contract before the expiration of two months (if there was such an agreement).
You will be familiarized with this order and asked to sign. Do not sign the notice of reduction if you do not agree with it or if something in it is unclear to you. What payments are due for reduction and liquidation? One of these payments was discussed a little higher - it is due in the event of your dismissal before the expiration of the notice period. In addition to this, you must be paid:
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What to apply for legal reduction
In order for the reduction to take place on legal grounds, a number of documents are filled out. These include:
- a layoff order dated no later than two months before the intended dismissal, which specifies the reason;
- creating or changing the staffing table to take into account reductions or layoffs;
- notification from the employment authority;
- confirmation that information about dismissal was brought to the employee’s attention;
- written consent of the dismissed person with the decision;
- agreement with the dismissed person on a possible replacement of the position with existing vacancies;
- information that the company cannot provide a replacement for a suitable position;
- registration of necessary documents: work book, payment order;
- settlement with a dismissed employee;
- an order for dismissal with specified grounds;
- notification from the Employment Center.
In order for a dismissal to be formalized as a reduction, a number of documents must be drawn up
Application for payment of benefits in case of layoff for the third month sample
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The employer may offer the employee to terminate the employment agreement before the end of the period specified in the notice of layoff. If he accepts the conditions, then the dismissal is formalized by agreement of the parties or at the initiative of the employee.
What is the procedure if an employee refuses to sign a document?
In this case, an act of appropriate form and content is drawn up. A prerequisite is the presence of several people. A properly executed document can serve as evidence of compliance with legal standards if a dismissed employee files an application in court.
If an employee refuses to sign a document, a corresponding report is drawn up
Sample application for compensation for the third month of redundancy
In Part 3 of Art. 180 of the Labor Code of the Russian Federation states that the employer has the right to dismiss an employee early, without waiting for the day of layoff, as discussed above. This dismissal is completely legal, but the employee must be paid additional compensation in an amount equal to the salary that the employee could have received if he remained in his position until the official date of dismissal.
A prerequisite is considered to be payments for staff reduction, as well as the possibility of employees being transferred to another position in the same enterprise. The employer is obliged to provide employees with a list of positions that they can take instead of those that are subject to reduction. In addition, the employer is obliged to offer the employee a transfer to another job in another location, if available. Otherwise, dismissal occurs as usual.
general information
Downsizing in an organization takes place according to the following scenario (starting point – 01/01/17):
- Making a decision to reduce staff - 01/01/17
- The selection of candidates for dismissal, minus privileged persons, who either cannot be laid off, or in the last place under Art. Art. 179–180 Labor Code of the Russian Federation.
- Drawing up a new staffing table.
- Registration of a single order on reduction - 02/01/17.
- An offer to candidates to take other available positions in the company.
- Written notification to employees about layoffs no later than 2 months before dismissal – 02/01/17.
- Dismissal and full payment – no earlier than 04/02/17.
- Payment of salary for the second month is not earlier than 06/02/17.
- Payment for the third month based on a letter from the employment agency - no earlier than 07/03/17.
Sample application for compensation for the third month of redundancy
Please note that the article also establishes the terms of dismissal - the employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected body of the primary trade union organization. During the specified period, periods of temporary incapacity for work of the employee, his stay on vacation and other periods of absence of the employee when he retains his place of work (position) are not counted.
The dismissal process and the procedure for compensation to employees is regulated by Art. 84.1 Labor Code of the Russian Federation. According to this bill, the employer is obliged to make all required payments to employees on the day of their official dismissal (wages, vacation compensation, severance pay due to layoffs).
How are changes made to an order?
To change the content of an order in any part, the boss creates a corresponding order. This may become necessary if circumstances have led to the reversal of the reduction. For the changes to come into force, it is necessary to supplement the order with an order that cancels the previous one. To give it legal force, the employee must read it and sign it.
Note! In the archives, these documents are filed, entered into registers and stored in the order file. The term is 75 years.
There are ambiguous situations in the legislation explaining the rights of laid-off employees to compensation payments. One of them is that the terms limiting payments for the second and third months are not specified.
Article 140 of the Labor Code of the Russian Federation
What comments might be helpful in clarifying this issue? Let's turn to the Labor Code. If we apply Article 140 of this document, the payment deadlines fall on the next day after the application. Some legal scholars comment on the situation in a different way and believe that payments are correctly equated with payments of sick leave and other similar benefits, that is, on the next day of the month when the company pays employees.
In the current situation, it will not be a violation if the employer establishes its standards in a local document. And even in this case, it would be wise to stick to a period that is not too long. Even with the peculiarities of the labor system in the organization, unreasonably long terms can lead to lawsuits from dismissed employees.
Note! Claims from higher authorities are also possible.
Employers, as a rule, try to pay benefits as soon as possible
Application for payment of redundancy benefits for the third month sample
- terms of payment of severance pay for the second month in case of reduction? Tell me how long it will take to pay the second month’s salary in case of layoff from the date of filing the application. In the same way, you can receive compensation for unemployed days if a person managed to find a job during the third month.
Based on the above and guided by Article 119 of the Family Code of the Russian Federation, Articles 131 and 132 of the Civil Procedure Code of the Russian Federation, I ask: To reduce the amount of alimony paid by me in favor of the defendant by decision of the Magistrate of Court District No. 95, No. 95/ 234 Copies of these documents must be made in the same quantity as there will be participants in the consideration of the claim, plus for the judge.
Sample application for payment of benefits for the third month in case of layoff
When calculating benefits for the second month, the average daily salary is multiplied by the number of days subject to compensation. Fact! The employer has the right to establish an increased amount of payments for workers who have been laid off.
Average daily earnings are calculated by dividing the amount of wages actually accrued for days worked in the pay period by the number of days actually worked during this period (paragraph Belgorod Chat Full payment must be made to you on the day of dismissal, I would advise you to make sure that the application has been accepted, i.e.