Redundancy is the dismissal due tothe elimination of the workplace, passing by certain rules. This procedure is significantly different from the simple termination of an employment contract, which unequivocally treats the labor code. Redundancy occurs when an organization has to switch to a saving mode, for example, when changing management or changing activities.
Regardless of the reasons for this,reduction of staff, there are a number of articles in the labor legislation that protect the rights of workers who have fallen under the reduction. To begin with, the employee must be notified about the termination of the employment relationship with him at least two months before the forthcoming dismissal. This time is necessary for a person to start looking for a suitable job.
Reducing the staff is also selective.The advantage should be workers who have underage children, those who alone contain the whole family, single mothers, spouses of military personnel. If a woman is in a position, then it generally can not be cut, you can only spend flowers on maternity leave.
After the expiration of two months upon dismissalthe staff member is reduced by a corresponding entry in the work record book. And the abbreviated employee must receive the payments due to him. These include: salary for the last month, compensation for unused vacation, severance pay in the amount of average monthly earnings. Payments, other than wages, are not taxed. That is, a person should receive an amount for accrual. If the employee has not worked enough, he will only be paid for the period worked. If the employee is sick within 30 days of being laid off, his former employer also pays his sick leave. It happens that a former employee can not find a job that meets his qualifications - he is given another average monthly salary. If a person after a fixed period goes to the labor exchange, he gets a benefit of 70% of his salary. There are several nuances: a worker can be offered a different place or position with a lower salary. If the refusal payments will be several times less.
But where did you see the leaders who observedwould the labor laws and legally regulate the dismissal of the staff member for the reduction of staff? To begin with, the official salary in 80% of cases is minimal. Therefore, in the event of any situations, payments will be made from the calculation of "white" wages. The same applies to unemployment benefits. You should not hope for more. But many even feel sorry for this, so they force employees to write a statement of their own free will. In this case, everyone understands that there will not be any payments. How to act in this situation?
If you are a simple worker working at a largeenterprise and fell under the reduction of staff, it makes sense to file a complaint with the Labor Disputes Commission. From large enterprises it is easier to knock out at least some money. If the firm is small or it is a private entrepreneur, you can go to court. But it is worth remembering that a court can be won only if the firm has not declared itself bankrupt. Otherwise, as practice shows, the case is useless. But even if you succeed, you should not expect a hundred percent interest to be paid.
