What are the payments for reduction

What is abbreviation

Downsizing is getting laid offLabor Code of the Russian Federation Article 81. Termination of an employment contract at the initiative of the employer an employee due to the fact that his position is completely removed from the staffing table or the number of similar specialists in the company is reduced.

For example, a company bought an automated forklift and no longer needs 10 warehouse workers. Eight is enough, and therefore two will have to say goodbye. Or this department is no longer needed at all, because the loading and storage was outsourced. In this case, a difficult process starts. reductions.

However, sometimes it is used to get rid of unwanted employees. The employer cuts the position and fires a specific person. And then he adds to the staffing table another by name, but the same in terms of the set of functions, and takes on someone else. This, by the way, can be challenged in court.

But no matter how the employee is laid off - honestly or not, he is entitled to some bonuses and payments.

What payments are due to an employee when reducing

The salary

You are obliged to accrue everything that you earned by the day of the layoff, along with allowances and bonuses - as with other layoffs.

However, a lot depends on how you are with the employer. issued your employment relationship. If all payments were made officially, then there is nothing to worry about. But a gray salary is fraught with the fact that you will miss part of your income. The company can only give you official earnings, and it will not be easy to show it something: everything is according to the documents.

However, there are also honest, albeit tax-evading organizations. But a white salary still gives you more guarantees.

Compensation for unused vacation

The employee is entitled to at least 28 vacation days per year. Moreover, they are "charged" not after 12 months, but in proportion to the time worked. So by the time you downsize, you most likely have a piece of vacation that you did not have time to partake. And it doesn't burn out.

For these days, you must be paid compensation in addition to your salary. How much exactly - you can find out in a separate material.

To put it simply, the vacation pay per day is equal to the average daily earnings and is calculated by the formula:

29.3 here is the average number of days in a month. If for some time you did not work, for example, you were on sick leave or on vacation, these days and the money accrued for them are excluded from the calculations.

Severance pay

It is paid to everyoneLabor Code of the Russian Federation Article 178. Severance pay, except for those who worked under a fixed-term contract concluded for a period of less than two months. But even in this case, you can receive payments if you have recorded this moment in the document in advance.

The severance pay is calculated using a simple formula:

We have already prudently calculated the average daily earnings in the paragraph on vacation pay. The first month from which workdays and holidays are selected will be considered 30 days after dismissal. It doesn't matter how long the calendar month is - February with 28 days or August with 31.

Average earnings at the time of employment

This payment is due not to everyone, but only to those who did not immediately find a job after being laid off. They may receive benefits for the second and sometimes even the third month.

To qualify for payment for the second month, you need to present a work book or an extract from an electronic one, in which there are no records of employment for a new job. The decision on whether to give a person an allowance for the third month is made by the employment service. Accordingly, he must get up there registered as unemployed - and within two weeks from the date of dismissal.

The formula for the calculation looks like this:

When calculating the average earnings, the allowance that a person has already received after the reduction is taken into account. That is, for payments of the second month, income is taken not for 12, but for 11 months of work, plus the benefit paid in case of reduction. For the third - 10 months of work, allowance and average earnings for the second month.

Sick leave allowance

If you fall ill within a month from the day of the reduction, you can qualify for a sick leaveFederal Law of December 29, 2006 N 255-FZ.

The average daily wage is reckoned here in a new way. The income for the last two years should be divided by 730. At the same time, there are restrictions on the amount of earnings that can be taken into account. For 2019, the amount is taken not more than 865 thousand rubles, for 2020 - 912.