Dismissal of the director during the merger of enterprises. Dismissal of the chief accountant during reorganization in the form of accession

Under the reorganization of a legal entity is understood its liquidation with the subsequent formation of a new one, which is its successor.

In some cases, several firms are liquidated at once in order to create one large one. In others, on the contrary, one company is divided into many small ones.

Russian legislation allows reorganization in five ways:

Merging.
Absorption.
Selection.
Separation.
Change of organizational and legal form.

Under merger consider a form of reorganization of several enterprises at once, whose owners decided to merge into one company.

Absorption A takeover, also called a takeover, is a form of reorganization in which one company takes over another, becoming its legal successor.

Selection- this is when the owners of the company decide to create on its basis one or more new firms, allocating them the property of the old firm, giving them part of the responsibilities.

Separation very similar to a spin-off, the only difference is that the old firm is destroyed, and several new ones appear in its place, which are successors to varying degrees.

transformation occurs when the old organizational and legal form of the enterprise has exhausted itself and is not suitable for the development of the company. Then the owners decide to change it, liquidating not even the enterprise itself, but its old order of organization. For example, if the owners of an LLC want to remake the company into an OJSC.

How to understand what is happening - reduction or reorganization? According to Article 75 of the Labor Code, reorganization in itself cannot be considered a reason for layoffs.

But it is almost always accompanied by them, because new organization does not need two of the same staff units ah or she doesn't need any position at all.

Downsizing and reorganization mostly occur together in acquisitions and splits, much less often in other forms of reorganization.

Downsizing on reorganization

After the decision to reorganize is made, send a notice to your employees about it. This is not required, but employees need to familiarize themselves with the new working conditions.

Those who do not agree with them are subject to dismissal, you will have time to make an appropriate entry for each work book.

After that, you need to write an order to reduce staff.

After that, it is indicated which positions and in what number are subject to reduction. For all this, a responsible person is appointed and a commission is assembled to monitor the progress of the cuts.

The notice also contains the date of dismissal and a short reminder of the employee's right to register at the labor exchange or move to another position in the same company.

At the same time, it is necessary to provide employees with other employment options, even if they are less paid.

Notice of upcoming layoffs is sent to employees 2 months in advance. From the moment when the employee signs the notice, he has the right to register in public service employment.

Also from that moment on, he officially claims the benefits and subsidies required by law.

Personnel changes recorded in the reduction order are reflected in staffing. This is not a mandatory document, but the owners of firms start it for more transparent reporting. Priority in legal force belongs to the employment contract.

Documents required for downsizing or downsizing: order, notifications (to employees and to the employment service of the region), certificate of income of the employee.

If the employee does not want to sign the notice of staff reduction during the reorganization, two witnesses should be found to deliver the notice and a special act should be drawn up stating that the employee was notified. The act is then attached to the reduction order.

Who can't be cut?

Reductions due to reorganization are subject to general rules by reduction.

It is impossible to dismiss a pregnant woman in connection with the reorganization. Even if there is a reduction of the whole position, the organization is obliged to leave one workplace to the pregnant woman.

The same rule applies to women raising children under the age of three, as well as single mothers and raising disabled people.

When the management of an organization is faced with the choice of whom to fire when reducing the number, with equal qualifications and labor efficiency, there are privileged groups whose members must be left.

Among them persons supporting dependents, members of large families. First of all, it is necessary to save jobs for the sole breadwinners in the family and people with severe injuries, war veterans and the disabled.

It is impossible to lay off workers who temporarily lost their ability to work if they provided a medical certificate. All employees who are on vacation are immune to layoffs.

REFERENCE. All types of leave give the employee the same protection against dismissal.

Benefits and guarantees for laid-off workers

provides each dismissed in connection with the reduction of severance pay. This is a subsidy that is paid from the company's budget in favor of those laid off a few months after the reduction.

The norm is payment within two months. But if work former employee not found and for the third month, he can write an application for an extension of benefits.

ATTENTION. The severance pay for the third month is preserved only on the condition that he applied to the employment service within two weeks after his dismissal.

Employer's liability for violations

Most of the violations by employers during the reorganization of firms are related to wrongful dismissal legally protected person.

For the fact that a pregnant woman, the mother of a young child or the mother of a disabled person fell under the reduction during the reorganization of the institution, the employer faces criminal punishment.

Article 145 of the Criminal Code provides for this either a fine of 18 wages or forced labor up to 360 hours.

Criminal Code of the Russian Federation, Article 145. Unjustified refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under the age of three

Unjustified refusal to hire or unjustified dismissal of a woman on the grounds of her pregnancy, as well as unjustified refusal to hire or unjustified dismissal from work of a woman with children under the age of three, on these grounds -
shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to 18 months, or by compulsory works for a term up to 360 hours.

Company reorganization is often accompanied by layoffs. First, an order is prepared, then employees receive notifications. The process is not much different from the usual reduction. The order of orders, notifications, benefits and guarantees is general. Therefore, such a reduction will not become a serious problem for management.

Chat

Popov Igor

Lawyer, Chita

Free assessment of your situation

1229 replies

355 reviews

You should be notified of the changes.

In the event that, for reasons related to the change

organizational or technological working conditions (changes in technology and
production technologies, structural reorganization of production, others
reasons), conditions determined by the parties employment contract can not be
saved, they can be changed at the initiative of the employer, with the exception of
changes labor function worker.

On upcoming changes to the terms and conditions determined by the parties
employment contract, as well as the reasons that necessitated such
changes, the employer must notify the employee in writing
later than two months, unless otherwise provided by this Code.

If the employee does not agree to work in the new conditions, then
the employer is obliged in writing to offer him another available
employer's job (as a vacant position or a job corresponding to
qualifications of the employee, as well as a vacant lower position or a lower paid
work) that the employee can perform, taking into account his state of health. At
In this case, the employer is obliged to offer the employee all that meet the specified
the requirements of the vacancies available to him in the given locality. Suggest vacancies
in other localities, the employer is obliged, if it is provided for by the collective
contract, agreements, employment contract.

With absence said work or
refusal of the employee from the proposed work, the employment contract is terminated in
in accordance with paragraph 7 of the first part of Article 77
of this Code.

Check out Art. 74-75 of the Labor Code of the Russian Federation: Article 74. Changing the terms of the employment contract determined by the parties for reasons related to changes in the organizational or technological conditions of Labor

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.
The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code.
If the employee does not agree to work under the new conditions, the employer is obliged in writing to offer him another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower paying job), which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.
In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 of this Code for the adoption of local regulations, introduce a part-time (shift) and (or) part-time working week regime for up to six months.
If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with clause 2 of part one of Article 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.
Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.
Changes in the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.
Article 75 municipal institution

When the owner of the property of the organization changes, the new owner, no later than three months from the date of the emergence of his ownership right, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant.
The change of the owner of the property of the organization is not a basis for terminating employment contracts with other employees of the organization.
If the employee refuses to continue working due to 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 changing the owner of the property of an organization, 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) or a change in the type of a state or municipal institution cannot be grounds for terminating employment contracts with employees of an organization or institution.
(in ed. federal laws dated 30.06.2006 N 90-FZ, dated 02.04.2014N 55-FZ)

(see text in previous edition)

If the employee refuses to continue working in the cases provided for by part five of this article, the employment contract is terminated in accordance with paragraph 6 of article 77 of this Code.

1. A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, separation, transformation) or a change in the type of a state or municipal institution may not be grounds for terminating employment contracts with employees of an organization or institution.

If the employee refuses to continue working in the cases provided for by part five of this article, the employment contract is terminated in accordance with paragraph 6 of article 77 of this Code.

It should be noted that by virtue of paragraph 2 of Art. 57 of the Civil Code of the Russian Federation, when a legal entity is merged with another legal entity, the rights and obligations of the merged legal entity are transferred to the latter. As for labor relations, according to the fifth part of Art. 75 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the reorganization of a legal entity (including merger) cannot be a basis for terminating employment contracts with employees of this organization. In other words, labor Relations with employees of the organization that has ceased operations continue, and the new employer for them (part four of article 20 of the Labor Code of the Russian Federation) becomes the successor of the reorganized organization.
At the same time, the new employer exercises the rights and fulfills the obligations of the former employer in relations with employees. This also applies to the rights and obligations that follow from the local regulations of the predecessor, containing the rules labor law(Article 8 of the Labor Code of the Russian Federation). For example, if the former employer has an obligation to make the incentive payment provided for by the order (part two of article 135 of the Labor Code of the Russian Federation), or to reimburse expenses associated with a business trip (including the payment of daily allowances in the amount determined by a local regulatory act - part four of article 168 of the Labor Code of the Russian Federation ), or provide additional paid leave (part two of article 116 of the Labor Code of the Russian Federation) and this obligation is not fulfilled until the completion of the reorganization, it must be fulfilled by the new employer. However, in this case we are talking specifically about the transfer of obligations of the former employer (arising from local regulations) to his successor, and not about the fact that the local regulations of the reorganized legal entity, as such, retain their effect for the new employer. Within the meaning of the second part of Art. 5, art. 8 of the Labor Code of the Russian Federation, local regulations regulate labor relations between employees and the employer who has adopted these acts. Therefore, from the moment the reorganization in the form of affiliation is completed, the employees of the successor organization are subject to local regulations adopted by this organization. Since they are directly related to the labor activity of employees of a reorganized legal entity, employees must be familiarized with such acts against signature (part two of article 22 of the Labor Code of the Russian Federation), of course, if they have not refused to continue working in connection with the reorganization (part six of article 75 of the Labor Code of the Russian Federation).
The same, in essence, applies to staffing. Within the meaning of Art. 75 of the Labor Code of the Russian Federation, the staffing table of the successor organization is formed and approved taking into account changes in the structure, staffing and staffing. At the same time, employees whose staff units ( positions) are not reflected in the staffing table of the successor organization, are subject to dismissal in accordance with clause 2 of part one of Art. 81 of the Labor Code of the Russian Federation in connection with a reduction in the number or staff of employees of the organization (letter of Rostrud dated 05.02.2007 N 276-6-0). For a new employer, the staffing table of the predecessor organization as such does not remain valid, however, the continuation of labor relations with employees of this organization entails the need for him to make changes to his own staffing table, supplementing it with information about the positions (number of staff units) of new employees (if there is no reduction in the number or staff).

However, at the same time, the employer is obliged to comply with all the guarantees provided for by the Labor Code of the Russian Federation when reducing the number and (or) staff, including:
- about the upcoming dismissal due to a reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal (part two of article 180 of the Labor Code of the Russian Federation);
- when taking measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (both a vacant position or a job corresponding to the employee's qualifications, and a vacant lower position or a lower-paid job that the employee can perform taking into account his state of health) in accordance with the third part of Art. 81 of the Labor Code of the Russian Federation (part one, article 180 of the Labor Code of the Russian Federation). At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract;
- must be observed preemptive right to leave at work in accordance with the requirements of Art. 179 of the Labor Code of the Russian Federation.
A vacancy is the presence of an unoccupied workplace, a position for which a new employee. That is, a vacant position is a position for which no employment contract has been concluded. It follows that the employer should offer other work to laid-off workers only if it is available. Accordingly, if an organization does not vacancies, then the employer does not have the opportunity to offer the employee another job*(2).
We note that when deciding on the transfer to another job, the employer must take into account the real ability of the employee to perform the work offered to him, taking into account his education, qualifications, experience (paragraph 29 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2). Thus, the employee is offered vacancies that correspond exactly to his business qualities, and not the position he held before the reduction. Part three of Art. 81 of the Labor Code of the Russian Federation directly allows you to offer an employee a vacant lower position or a lower-paid job. In cases where the qualifications of an employee allow him to take a higher position, this position should also be offered (determinations of the Moscow Regional Court of February 28, 2006 N 33-1749, the Ryazan Regional Court of February 25, 2009 N 33-293). The employer is not entitled to refuse to transfer the employee to the proposed higher position or to condition the transfer by any additional procedures (determination of the Moscow City Court of July 1, 2010 N 33-19700).
The form for offering vacancies is not fixed by the Labor Code of the Russian Federation. We believe that in order to avoid disputes about compliance with the procedure for reducing employees, it is most expedient for the employer to offer vacancies in writing. In addition, the employer should ensure that the employee has the opportunity to familiarize himself with local regulations relating to the proposed vacancies (determination of the Kemerovo Regional Court dated November 25, 2011 N 33-13181 (http://www.gcourts.ru/case/8828359)).
And only if the employee refuses the vacancies available to the employer, he is subject to dismissal precisely due to staff reduction (clause 2 of part one, part three of article 81 of the Labor Code of the Russian Federation).

2. You can quit by agreement of the parties, in which case all payments in your favor must be indicated in this agreement.

As a rule, in such situations, there is a reduction in the number of staff.

Two months before the expected start of layoffs, an order is issued to reduce the number or staff of employees at the enterprise, which must indicate the reason for the reduction (Article 180 of the Labor Code of the Russian Federation).

It is necessary to take into account the requirements of Art. 140 of the Labor Code of the Russian Federation on the obligation of the employer to pay on the day of dismissal all the amounts due to the employee. Upon dismissal of an employee due to a reduction in the number or staff, the employer is obliged to pay: - wages for the time actually worked in the month of dismissal; - compensation for everything unused vacations(Article 127 of the Labor Code of the Russian Federation); if the reduced employee has already used annual paid leave before the end of the working year, then the amount for unworked vacation days cannot be withheld from him (part two of article 137 of the Labor Code of the Russian Federation); - severance pay in the amount of the average monthly salary (Article 178 of the Labor Code of the Russian Federation); - additional compensation under Art. 180 of the Labor Code of the Russian Federation, if the employment contract is terminated before the expiration of the two-month notice period for dismissal. After dismissal in accordance with Art. 178 of the Labor Code of the Russian Federation, an employee has the right to maintain the average monthly earnings for the period of employment, but not more than 2 months from the date of dismissal (with offsetting severance pay). By decision of the employment service body, the average monthly salary is retained by the dismissed employee in exceptional cases and within the third month from the date of dismissal, provided that the employee applied to this body within two weeks after the dismissal and was not employed by him.

Art. 78 of the Labor Code of the Russian Federation regulates that labor contract may be terminated at any time by agreement of the parties.

Upon dismissal by agreement of the parties, you will be paid

wages, the calculation of which is made taking into account the last working day; cash payment for the number of days of unused vacation.

In which his rights and obligations are transferred to another enterprise. This process is characterized by the obligatory termination of the activities of one organization and the creation of one or more new enterprises, which leads to massive downsizing or dismissal of staff.

How is dismissal carried out during the reorganization of the enterprise

General rules

The dismissal of employees during the reorganization is not a standard transfer of authority, but a complex legal procedure that must be carried out in strict accordance with the law.

The reorganization should not become the basis for the final termination of the employment contract with the employee, that is, he cannot be dismissed under Art. 81 of the Labor Code (part 1), since reorganization does not mean that only its subordination or jurisdiction changes.

The exception is , him and . Any reorganization concerns the enterprise: the mode and place of work change, the length of the working day and rest increases or decreases. At a new enterprise, individual positions may become redundant.

Reasons for reduction

The grounds for the dismissal of an employee during the reorganization are the following circumstances:

The staff is being reduced.
The owner is changing.
The employee leaves due to changes in the provisions of the employment contract.

Dismissing an employee during reorganization is allowed to reduce staff, but this is a rather time-consuming process with many nuances and pitfalls. It should be remembered that there are categories of citizens who, according to the law, cannot be reduced:

mothers who are or have children under 18;
pregnant workers;
single mothers or fathers;
parents and guardians of children with disabilities;
employees who are on vacation or on vacation.

Qualified workers with high productivity, as well as married couples, are given priority when maintaining a job.

The reduction makes sense if the new enterprise has significant differences in the staffing table compared to the previous one.

The legal basis for dismissal during reorganization may be the employee's own desire. When filling out, it is illegal to enter "according to own will". It is required to enter a reference to Art. 77 p. 6 of the Labor Code "Employee's refusal".

Procedure for different forms of reorganization

Termination of an employment contract with employees is carried out in the following order:

The administration publishes
An order is issued.
Employees receive written The notice is issued in two copies, the employee signs on one, the personnel department takes it, the other remains with the employee.
Additional agreements are drawn up to employment contracts indicating upcoming changes in the terms of the contract. If the employee disagrees with the new conditions, he has the right to quit.
The administration pays the dismissed employees the compensations due by law.

The signature of the employee on the notice does not mean that he accepts the terms of the reorganization, it simply shows that the person has read the document.

The dismissal of employees during the reorganization has its own characteristics and rules, which the employer is not entitled to violate:

If the new job does not contain the position that the employee previously held, the manager must offer him all available vacancies in accordance with the experience and qualifications of the employee.
Notice of the upcoming reorganization should be received by all employees who are on vacation or on sick leave.
You can not violate the deadline for notifying employees, that is, they must not receive it later than specified by law. A period of 2 months has been established for notifying employees of the upcoming dismissal.
It is forbidden to force employees to write applications of their own free will in order to save money when paying compensation. If there is real evidence of pressure, workers can challenge this in court.
Employees cannot be fired before the reorganization process has begun.

Any of these violations may give rise to a claim. The courts usually take the side of the dismissed workers if it is possible to prove a real violation of their rights. Immediately after the court decision in favor of the employee, the employer is obliged to reinstate the employee at his former place of work, to pay him compensation for the forced days of absenteeism. Often this is accompanied by compensation for non-pecuniary damage. Depending on ( , transformation, ) there are some peculiarities in the dismissal of employees.

Additional agreement to TD

As an attachment

Occurs when one or more organizations voluntarily join another enterprise, ending their independent activity. The dismissal of employees in this case is not provided, therefore, there is no need for a written notification of employees about the upcoming event.

When joining, some working conditions change:

workplace address changes;
the ways of calculating wages, paying and accruing bonuses are changing;
different mode of rest and work, the length of the working day.

If in connection with this form of reorganization there is a reduction in staff, then the employee must be notified 3 months before the upcoming date of termination of the contract.

In case of disagreement with these conditions, the employee has the right to write a letter of resignation. You do not need to write a statement of your own free will, as this will lose the right to severance pay. Approximate content of the application: "I do not want to work in connection with the reorganization of the enterprise."

In the form of transformation

If several enterprises merge, forming one large one, then this is called. aim this process is to increase the competitiveness of the organization in the market. Accordingly, its profitability increases.

There is no need to notify the employee. If the employee is not satisfied with the new terms of the contract, he can write a letter of resignation. This is quite real, since during the transformation there really are changes that may not suit everyone.

Dismissal of heads

The reorganization does not imply mandatory dismissal. He is usually offered other positions. Some organizations are expanding staffing and introducing a new position, such as a director of public relations or an executive director.

The procedure for the dismissal or reduction of the head is carried out according to the usual rules: they must notify him in advance, offer available vacancies. When the owner changes, the management team may be dismissed under Article 75 of the Labor Code of the Russian Federation. This article cannot affect other employees.

Features of the dismissal of managers:

The dismissal of executives on the basis of "change of ownership" is carried out within three months.
The amount of compensation and benefits is higher than for ordinary workers, the severance pay is usually in the amount of his average earnings for 3 months. The upper payout limit is unlimited.
Before dismissal, executives are obliged to transfer cases to a new composition, a transfer act is signed with the signatures of the former and new head, with complete list documentation passed from hand to hand.

Usually, during the reorganization, the enterprise goes to the new owner, who decides for himself which positions can be removed or added. The complete liquidation of the positions of the head, chief accountant occurs only with a complete change of ownership.

Following a change in leadership, certain interested parties should be notified in writing:

Counterparties who conduct business and sign an agreement with the head of the enterprise.
FTS. Within three days after the change of management, an application is submitted, on the basis of which the data of the new director are entered in the register.
Bank or all banks with whom you are doing business. The right to sign passes to the new director and chief accountant. They need to send completed cards with data and sample signatures.

Compensation and payments

Upon dismissal, the employee must be paid the following amounts:

Salary for hours worked.
Compensation for those vacation days that have not yet been used.
Prizes in the order established by the enterprise.
in the amount of a two-month average salary.
Other payments due under an employment or collective agreement.

All payments are made on the last day of work of the employee for this enterprise together with the receipt of a work book in which a record of the reorganization is made. Thus, the reorganization of a legal entity cannot entail the dismissal of personnel under Art. 81 of the Labor Code of the Russian Federation, even if the reorganization involves joining another person, because at the same time, to which all the powers of the reorganized legal entity are transferred.

The video below will tell about the dismissal of a pregnant woman in connection with the reorganization:

When an enterprise ceases to operate, and its rights and obligations are transferred to other legal entities, they say that it is being reorganized. There are several forms:

merger;
accession;
selection.

Any of the forms may lead to a change in working conditions. Sometimes when given grounds The initiative comes from the employee himself. Not all employees are ready to work under changed conditions.

Under such circumstances, a situation is possible when extra employees appear. In this case, the termination of the contract is carried out by reduction. And here the employer himself will certainly act as the initiator of the procedure.

Dismissal in connection with the reorganization of the enterprise article of the Labor Code of the Russian Federation

In each of its actions, the employer must rely on Labor Code. When carrying out dismissal during the reorganization of an enterprise in the form of affiliation or any other form, one should be guided by and 81 Art. TK RF. Therefore, this particular article should be mentioned in all documents - incl. and in the workbook.

Also in the Labor Code of the Russian Federation there are other articles that are useful for the leaders of the organization and its employees during the reorganization. For example, the consequences of this process are listed in the 75th article, and the guarantees for them are indicated in the 180th article.

What is the procedure for dismissal of employees in connection with the reorganization of the enterprise?

It is very important for employers to follow the correct procedure so that at the end of the dismissal procedure, employees do not have any complaints.

The order is always issued first. The order contains new information about the employer. The text of the order should contain information about making entries in work books and about who is responsible for notifications to employees.

Further notifications are directly created. What exactly is recorded in them depends on how the procedure is formalized. Such a message may contain information about the reduction, change of ownership or changes in the terms of the contract. If we are talking about partial liquidation, then we should not forget about the two-month period. After all the deadlines, it remains to enter information into the work book of employees.

Payments to employees upon dismissal due to the reorganization of the enterprise

When a reorganization and a corresponding reduction in staff is carried out, the employee will first be offered new job. If consent is not obtained from the employee, then the dismissal will have to be issued with all the consequences. Two months prescribed by law, while the employee continues to be registered, he must receive the average monthly salary. The same amount should be paid to him already at the time of the official termination of the contract. It will be severance pay. The dismissed employee remains entitled to the standard payment in the form of compensation for unused vacation days.

An entry in the work book about dismissal in connection with the reorganization - sample

If the employee remains with the company, then two entries will need to be made at once. If he refused to continue working, then one entry will be enough. It is important to note that 6 paragraph 77 of Art. Labor Code of the Russian Federation, and the reason for dismissal is indicated as "refusal to continue activities due to reorganization."

Sample letter of resignation due to reorganization

It indicates that it was decided to reorganize the enterprise. Further, the right of the employee to refuse a potential continuation of cooperation with the employer due to changed conditions is mentioned. In the text, the employer asks to report his decision to the personnel department.

Dismissal of a director upon reorganization by merger

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

There is an option with the execution of 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 the directors, because he must remain the leader until the very joining.

Dismissal of the chief accountant during reorganization in the form of accession

The situation with the chief accountant is similar to that which develops with the directors. According to the law, there cannot be two chief accountants in one company. Most often, this procedure is formalized through the refusal of an employee to work in a new position. Since the chief accountant of the affiliated organization can only be offered the position of an ordinary accountant, most of them do not agree. Accordingly, the termination is executed through the 6th paragraph of the 77th article of the Labor Code.

Regulation on irregular working hours - features

It is very beneficial for current employers to establish an irregular working day at their enterprise, because, firstly, ...

How vacation pay is calculated - calculation features

Based on the current labor legislation, every employee has the right to annual paid leave. Holidays in…

Non-payment of salary after dismissal

Any organization, upon termination of an employment relationship with an employee, is obliged to pay the wages due to such an employee. ...

Retrenchment Dismissal - Compensation 2018

Retrenchment becomes a difficult and unpleasant process for both employees and the employer. For…

How to file a dismissal due to the death of an employee?

The reason for the termination of industrial relations, which arises not from the will of the employee and not from the initiative of the employer, is ...

Working hours - types and features

The mode of working hours is the main component of the entire work process. Its indicators are necessarily fixed in the contract ...