What are the rights of a person who has lost his job?
Miscellaneous / / April 26, 2022
The state will provide some support, although one cannot count on luxury.
Eligibility for employer benefits
When a company is reduced or liquidated
If a person is fired because his position or the entire company no longer exists, he is entitled to payments.
The employee will receive:
- salary for all days worked;
- compensation for unused vacation days;
- severance payLabor Code of the Russian Federation, article 178 “Severance pay. Payment of average monthly earnings for the period of employment or a lump sum compensation" in an amount approximately equal to the average salary;
- average earnings for the second month, if a person has not found a job by this date;
- average earnings for the third month, if a person has not yet found a job and is registered with the labor exchange.
You can read more about all these payments in special material.
Upon dismissal by agreement of the parties
Dismissing an employee legally is not easy. Therefore, if someone is no longer welcome in the company, they can get rid of him through a special agreement. The organization in this case receives a legal and relatively simple dismissal. An employee, in addition to salary and compensation for unused vacation, is a severance pay. What it will be, the parties agree on their own.
Often the amount of the benefit does not exceed three salaries. Why so, you can read in corresponding text.
Upon dismissal of one's own free will
At first glance, this paragraph is not very suitable for the topic of the article. After all, we are talking about the loss of work, and here the initiative comes from the person himself. But it is important to mention this, because often the employer does not want to give out all payments and forces employees to write statement at will.
Doing this is not very beneficial. If only because there are no bonuses that will help you make ends meet in the near future, in this case you are not supposed to. They will only give out what is due. Namely:
- salary for all days worked;
- compensation for unused vacation.
Therefore, if the employer forces you to leave, you should try to quit at least by agreement of the parties.
Know Your Rights👩💻
- What to do if you are illegally fired
Right to paid sick leave
If a person falls ill within a month after the dismissal, he will be able to apply for sick payFederal Law of December 29, 2006 No. 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood". True, if for a worker the amount of benefits depends on the length of service, then the unemployed will be paid the minimum possible for each day of illness - only 60% of the average daily earnings.
Eligibility for unemployment benefits
A person who has lost his job can register with the labor exchange (it is also an employment center) and receive allowancewhile looking for a new position. True, the amount is small and they pay it for a short time.
In the first three months after dismissal, they can give 75% of the average monthly salary at the last place of work, but not more than 12,792 rubles and not less than 1,500 rubles. In the next three months, the allowance will be 60% of earnings, but not more than 5 thousand and not less than 1.5 thousand. Then the money will stop.
If a person has never worked, or received a salary in an envelope, or closed an IP, he can only claim the minimum wage. And pay it will not last longer than three months.
Right to assistance in finding a job
The priority task of labor exchanges is not to pay benefits, but to promote employment. So you can go there if you want help to find a job. Moreover, in order to receive benefits, get registered to the employment center at the place of registration. But they can help you with vacancies in any of them.
Of course, getting into some tidbit in a company from the top is unlikely to come out. But it is quite possible to find something for representatives of working professions or state employees - doctors, teachers, kindergarten teachers.
Right to compensation for travel expenses
Sounds incredible, but lawLaw of the Russian Federation of April 19, 1991 No. 1032-1 "On employment in the Russian Federation": if the employment center did not find you a vacancy in your city, but found it in another, it can also help with the move.
The following expenses are covered:
- ticket fees for all family members and baggage allowance;
- daily allowance for the journey;
- lump-sum allowance - the amount depends on the region.
When it comes to temporary moving for work, they will pay for a round-trip ticket, they will give you per diem for the time of the journey. And they must also help financially with the rental of housing, if the employer does not provide it.
Right to free education
Employment centers can send the unemployed to free courses. True, this proposal not for allLaw of the Russian Federation of April 19, 1991 No. 1032-1 "On employment in the Russian Federation". It can be used by those who do not have any qualifications or have, but it is impossible to find a job on it. For example, there are no vacancies or the state of health no longer allows you to work in your profession. And mothers on maternity leave can study at the expense of the budget.
Do not underestimate the courses from the CNZ, sometimes you can learn something quite trendy. For example, becoming a marketer or a florist is a very expensive training.
The right to retire two years early
If a person who is less than two years away from retirement has been made redundant and is unable to find a new job, they may leave earlyLaw of the Russian Federation of April 19, 1991 No. 1032-1 "On employment in the Russian Federation" Law of the Russian Federation of April 19, 1991 No. 1032-1 "On employment in the Russian Federation" for a well-deserved rest. To do this, he must be registered with the employment center and have sufficient work experience - 20 years for women and 25 for men.
Read also🧐
- How to get the most out of layoffs
- How to calculate your pension in 2022
- How to write a letter of resignation and when to submit it
I write for Lifehacker about money, law and rights, things that make life easier, better and more fun. And of course, I check the advice on myself: I get tax deductions, I file declarations online, and I also paid off my mortgage ahead of schedule and forced the post office to find my package.