In case of early reduction, how compensation is paid. Payments for early dismissal in case of reduction. Early dismissal of an employee before the expiration of the notice period

The abolition of staff at the enterprise leads to the release of employees who are forced to look for new job. Sometimes they find it before the employment contract is terminated. In this case, the early dismissal procedure may apply. But workers are interested in the question of the payments that they are entitled to in this case. Some complain about the vagueness of the wording of the legislation, but this is not the case. The only thing is that you need to ensure that the management of the enterprise does not dismiss other items that are less beneficial for the released personnel.

Reasons for changing the number or staff

The reduction in the enterprise is carried out by decision of its owner or manager. The basis for changing the number or staff - corresponding. It specifies:

Accepted changes in the enterprise.
Their reason and effective date.
Persons affected by the reduction.
Instructions to the personnel officer and accountant.

After registration of this order, the dismissal procedure is launched, which takes place within 2-3 months, sometimes longer. During this period, persons scheduled for reduction are offered vacant positions, the due payments are accrued and issued, a work book is handed. For some of them, the process will stretch. This applies to people who are on vacation or on sick leave.

From the moment the dismissed employees are warned about the planned optimization, the above period of 2-3 months is counted before termination labor agreement. The latter may happen earlier, if both sides do not mind. In this case, the personnel are paid in case of early reduction.

Termination of the employment contract by agreement of the parties

Unscrupulous employers from the moment they decide to optimize the labor force are looking for an opportunity to save on payments. According to surveys and based on legal practice, one in eight does not pay money at all, and a third tries to persuade them to terminate the employment contract by agreement of the parties.

Sometimes unscrupulous managers try to use the desire of an employee to quit prematurely due to staff reductions to persuade them to terminate labor relations by agreement of the parties. Otherwise, they refuse the request of the dismissed person, they demand that he work for the required 2 or 3 months. Complaining is pointless for the following reasons:

With a reduction, you can quit early at the initiative of both the employee and the management of the enterprise;
The procedure is carried out only with the consent of the employer.

It is unprofitable for the employee to go on the proposed deal with the management. Yes, he gets the opportunity to immediately start looking for a job, find and fill a vacancy in the next few days. But he is deprived of the right to count on payments, which are provided for by the staff reduction procedure. It provides social protection released staff who are given money to look for a new job within 5 months. During this period, the previous monthly income is maintained.

What are the employee benefits?

In order to calculate how much an employee will lose if he agrees to dismissal by agreement of the parties, it is necessary to calculate all the amounts that he will lose. So he can count on the following payments in case of early reduction:

Five (or six) average monthly earnings;
Compensation for unused vacation.

Of the five salaries, two (or three) are paid for the unexpired notice period. Another salary is issued for the first month of the job search.

Sometimes they mistakenly believe that, in addition to the severance pay for 1 month of employment, they should also give the average salary for this period. The names are different, but the payoff is the same. Cause of error - labor law provides for two payments:

Average salary for 1-3 months for the period of job search;
Severance pay for 1 month.

However, the latter is issued precisely on account of the average earnings for 1 month. You can get double pay for this period if there are appropriate conditions in the employment contract.

severance pay

If for the first month after the dismissal, the employee immediately receives money, for the remaining two months, not everything is so clear. Each subsequent severance pay issued subject to certain conditions.

In case of non-employment in the second month, reduced employee comes to former employer and submits an application. It states:

The fact that the applicant has not found a new job.
Request for severance pay for the second month.
The attached work book confirming the specified fact.

Documents are submitted to a personnel officer, he checks them for compliance with the law, after which he turns to the management of the enterprise with a recommendation. The employer has the right to verify the authenticity of the information specified in the application. For example, this is done through an employment service or a detective agency, the main personnel departments and agencies are called, and other opportunities are used.

If the information in the application could not be refuted, the company is obliged to pay the required money. The severance pay for the third month is calculated:

Based on a document issued by the employment service;
Subject to the registration of an unemployed employee within 14 days after the day of termination of the employment contract with him.

Two weeks are counted from the actual termination of the contract, and not from fixed day reduction order when early termination was not being considered.

Obtaining a certificate from the employment service is an informal event. The inspector may refuse it, referring to the dishonest behavior of the unemployed. This is understood as his absence from classes, unreasonable (in the opinion of the inspector) refusal of vacancies, etc.

Wage

To calculate all due payments for early reduction, you should establish the total amount of wages for the last 12 months. This does not include vacation pay, travel allowances, or other additional payments. At the same time, premiums are taken into account. This amount is divided by the number of working days that the employee has worked. Vacation and sick days are also not taken into account.. The resulting value gives the average daily earnings (DAN), which is used in the calculations of compensation, severance pay.

Other compensation

The terms of the employment contract may provide for others. For example, a valuable employee, a top manager may demand an increased amount of severance pay and the period of its payment. In the event of a dispute that will go to court, the latter takes into account the terms of the agreement. If they do not contradict the labor legislation, the requirements of the employee are satisfied.

Calculation example

Salary V.V. together with monthly surcharges for qualifications and a bonus is 42821.39 rubles. Taking into account the vacation for the year, the total earnings amounted to 473,035 rubles. In the estimated 12 months V.V. work time was 265 days. The average daily earnings amounted to 1785.03 rubles.

The termination notice expires after 34 business days. The due compensation is 1785.03 × 34 = 60691.28 rubles. In the month following the dismissal, there are 21 working days. The severance pay is 1785.03×21=37485.63. The total amount of payments is 98176.91 rubles.

Useful video

Conclusion

The considered dismissal procedure is the most favorable for laid-off employees. They get a lot of time for employment when they don't have to take care of wages. Reimbursement is the responsibility of the employer. And if he violates it, he can be held accountable through the regulatory authorities and the court.

Retrenchment is a situation from which no one is immune. If the relationship between the employee and the employer is officially registered, the procedure is carried out in accordance with the norms of labor legislation, and the dismissed person is entitled to the issuance of special payments upon reduction.

Downsizing payments

In case of forced dismissal, the law protects the rights of a citizen. Firstly, employees need to be notified about the upcoming event 2 months in advance so that they have time to look for a new job. Secondly, the employer is obliged to provide material assistance in the form of certain payments.

Salary and holiday pay

The first thing that is charged to a dismissed person is payment for the hours actually worked, which he did not receive. In some cases, bonuses are issued if this is fixed by local documentation.

If the employee did not use the right to annual leave, basedArt. 127 Labor Code of the Russian Federation. The total amount depends on:

from the duration of the vacation period;
the time elapsed since the last vacation;
wages.

IMPORTANT! Compensation for unused vacation is accrued as for a whole year, if in the year of reduction the citizen worked from 5.5 to 11 months. Regulation is regulated recommendation Federal Service employment and labor from 19.04.2014.

Both payments will be taxed at 13%.

severance pay

Such financial support is not always provided. Benefit is paid only in cases specified in paragraphs 1 and 2 of Art. 81 of the Labor Code of the Russian Federation.

Its size according to Art. 178 Labor Code of the Russian Federation, corresponds to the average monthly salary, but not lower than the minimum wage. And according to Clause 2 of Art. 217 Tax Code of the Russian Federation 13% exempt. If the employee has not worked in the organization for one year, the amount due is determined taking into account the days actually worked.

IMPORTANT! The employer must pay this compensation to the citizen, even if he has a new job.

Second and third month

Payments for the reduction of an employee in these periods are accrued if he registered for unemployment within two weeks after the termination of the employment contract and, for objective reasons, did not find a job. Compensation is made at the expense of the employer in the amount of the average salary or the established salary.

An employee on a personal initiative is not entitled to claim a third reduction allowance. This can only be done by the Employment Service and only for persons registered with it. The payment for the third month of absence from employment is the last one.

Calculation procedure

The severance pay is calculated in two stages. At the first, the average earnings (Avg) are determined. Art.139 of the Labor Code of the Russian Federation calculation algorithm is set:

Srz =Vrp / Nfact, where:

Vrp- the employee's income for the billing period.

Nfact- actually worked shifts of the employee.

Billing period - 12 months preceding the month of reduction. For example, the dismissal occurred in February 2018, then the time interval from 02/01/2017 to 01/31/2018 will be taken for calculation.

The indicators do not take into account the time spent on vacation or sick leave, as well as their payment.

The second stage - the amount of the severance pay due to the issue is considered.

pout=Srz * Nworking shifts, where

Nworking shifts- the number of working days in 1-3 months after dismissal.

REFERENCE! Wages for an incomplete month are calculated in proportion to the days worked.

Example:

Petrov N.A. worked for the company for 2 years. By official order, it was reduced from 01/01/2017. On January 9, he registered with the employment service. As of April 1, 2017, Petrov remains unemployed.

He worked a standard five-day work week. According to production calendar for 2016, the number of labor shifts is 247, of which he was on vacation from 01.07 to 28.07. Monthly earnings were constant and amounted to 30,000 rubles.

The procedure for calculating severance pay upon dismissal due to staff reduction:

Actually worked shifts in 2016: 247 - 19 = 228 Srz for the period from 01/01/2016 to 12/31/2016: = 331428.57 / 228 = 1453.63 rubles. January 2017 total: 1453.63 * 17 = 24711.71 February: 1453.63 * 18 = 26165.34 March: 1453.63 * 22 = 31979.86

Severance payment for January is due to Petrov even in the case of employment. If he found a new job in February or March, the compensation would be calculated in proportion to the days of unemployment.

For individual categories

Depending on the nature and conditions of work, the amount of compensation varies. Some categories of employees often face the fact that they are denied severance pay when they make redundancies. However, the provisions of the Labor Code of the Russian Federation stand up to protect their interests.

Pensioners

A person receiving a pension is fired on the same terms as an ordinary employee. The status of a pensioner, position, skill level, length of service and age do not affect the amount of severance pay upon reduction.

The issue of issuing a third benefit to a pensioner is controversial. On the one hand, it is provided on a general basis. On the other hand, a pensioner is considered a socially protected person and cannot be called unemployed. If there are weighty facts, the employment center may issue a certificate, on the basis of which the third payment will be made.

part-time workers

Severance pay upon dismissal is paid in the same manner as for key employees. However, the preservation of the average monthly earnings in the second and third months is no longer provided.

If an employee working in combination quits his main job before the moment of reduction, which is confirmed by an entry in the work book, he has the right to receive payment for these months.

Seasonal worker

A seasonal worker is informed of a planned dismissal 7 days in advance. Severance pay in case of reduction is paid according to Art. 296 of the Labor Code of the Russian Federation in the amount of the average wage for two weeks. Other types of material assistance in this category are not provided.

Residents of the Far North and areas equated to them

Northerners apply for benefits with a reduction in 4-6 months at the request of specialists from the employment service, if they applied there within 30 days after the dismissal.

Additional compensation

The severance pay is not the only financial help for employees due to downsizing. Depending on the situation, additional material support is assigned.

For early termination

Employees are warned about layoffs two months in advance, but sometimes it is required to terminate the employment relationship ahead of schedule. The Code provides for the dismissal to reduce staff ahead of time, but only by agreement of the parties and with the accrual of a compensation payment.

Its purpose is to compensate for lost income for the period in which the employee could continue working. The size directly depends on the number of days between the dates of early and official termination of employment. The contract or other documentation of the organization may establish multiplying factors.

Early reduction has advantages. First, the terminated employee receives additional compensation. Secondly, the period for finding a new job is increasing.

Payment of the 13th salary in case of reduction

In many organizations, at the end of the year, a special type of bonus is provided - the 13th salary. If the provision on it is officially established, when the employee is reduced, she is also issued. It does not matter in which month the dismissal occurred. Required condition- At least one year of work experience.

sick pay

The reduced employee is entitled to. Basic conditions:

the citizen fell ill before the official day of dismissal. The amount of the payment depends on the length of service and the average salary;
sick leave received within 30 days after the reduction. The allowance is equal to 60% of the average wage for the last two years. If a citizen is registered with the employment service, it is equivalent to unemployment benefits.
sick leave issued to a pregnant woman officially recognized as unemployed within a year after dismissal.

REFERENCE! Payment of a sick leave is not a basis for refusing to issue other payments for dismissal due to redundancy.

Early retirement

Based Art. 32 RF Law “On Employment in Russian Federation» from 19.04.1991, a citizen has the right to apply for an early retirement pension subject to the following conditions:

Insurance (work experience) of at least 25 years for men and 20 years for women.
The age of the employee who fell under the reduction is less than the established retirement age by 2 years. The rule also applies to citizens who are entitled to a preferential pension.
Justified lack of employment opportunities for a new job. Confirmed by the employment center.

Early retirement is assigned only with the consent of the citizen and is paid from the budget. Upon employment or official retirement, payments stop.

How to get paid

A reduction in staff carried out in accordance with all the rules is a guarantee of receiving severance pay. The employee is advised to carefully study all the documents that he signs and familiarize himself with the labor legislation in order to prevent violation of his rights.

Registration

The accounting department of the employer is responsible for the registration and calculation of compensation for reductions and other charges. The allowance is paid on the basis of an order, which indicates its amount and the reason for dismissal. An appropriate entry is made in the work book with reference to article of the Labor Code of the Russian Federation.

Where are they paid

All due payments for dismissal due to a reduction in the number of employees are made by the former employer. However, in order to receive benefits for the third month, a citizen must contact the employment center and take a certificate confirming the lack of work. The document is submitted to the accounting department, and only after that compensation is calculated for the third month.

REFERENCE! Payment for sick leave after reduction is carried out by the Social Insurance Fund.

Pregnant women receive maternity benefits through the employment center in accordance with Order of the Ministry of Health and Social Development dated December 23, 2009 No. 1012n.

What are the timeframes for the calculation?

On the last work shift (day of dismissal ), according to Art. 140 of the Labor Code of the Russian Federation, pay: salary with vacation pay and the first allowance. If the employee did not work on that day, payment is made after receiving the request for calculation no later than the next day.

IMPORTANT! If on the day of reduction the employee is absent without a justified reason, the employer has the right to revise the terms of the reduction.

The terms of payment of the second and third severance pay in case of reduction are agreed upon by both parties.

Liability for non-payment

Delay in the issuance of compensation or incorrect accrual (less than prescribed) is considered as non-compliance with the norms labor law. In this case, the employee must adhere to the following action plan:

Provide against signature a written claim about the violation of their legal rights to the head and to the trade union of the organization.
Write a complaint to Labor Inspectorate on the inaction of the boss or violation of the deadlines for fixing the problem.
Contact the prosecutor's office with a request to check the legality of the actions of the employer.
File a claim with the arbitration court if other instances refuse to consider the case or problems are not found.

If any violations are identified, the employer can be brought to justice. liability under Art. 236 of the Labor Code of the Russian Federation.

Severance pay for downsizing - material support for involuntary unemployment. The receipt and procedure for payments are established by labor standards in force in Russia. Along with the mandatory financial assistance, the employee receives cash for hours worked. At the request of the employer, additional compensation is assigned.

The legislation provides for the right of the employee to early termination of the contract in connection with its reduction or liquidation of the enterprise (Article 180 of the Labor Code of the Russian Federation). The employer must obtain the consent of the employee before dismissal. If the employee himself submits an application for dismissal, then the manager decides whether to give consent or not. The initiative for early termination of employment may belong to any party. Let's consider in our article how the procedure for early termination of an employment contract goes, and what payments are due to the employee.

Early termination of the contract

The procedure for early dismissal is possible only after the employee has been given a warning against signature. It must be in writing and delivered at least 2 months before the day of dismissal. Such a warning will allow the employee to calmly look for a new job. With a fixed-term employment contract, this period is 3 days (Article 292 of the Labor Code of the Russian Federation), for seasonal workers - 7 days (Article 296 of the Labor Code of the Russian Federation).

The early termination procedure consists of 5 steps:

the initiative of an employee or employer, expressed in a statement, written or oral proposal;
approval - the manager must obtain a written consent from the employee in a free form. At the same time, after obtaining consent to early dismissal, the employer is no longer obliged to offer him vacancies;
registration - according to Art. 84.1 of the Labor Code of the Russian Federation, the order is drawn up in free form or using the T-8 form, approved. Decree of the State Statistics Committee of the Russian Federation No. 1 dated 05.01.2004. The employee signs the order, confirming the fact of familiarization with the document, and also has the right to receive a copy of it. Personnel service prepares a note-calculation and makes a record of dismissal in work book;
calculation is carried out on the last day of work under Art. 140 of the Labor Code of the Russian Federation;
issuance of documents - work book and certified copies of documents.

On the day of dismissal, the employer pays the employee additional compensation, unpaid wages, vacation pay and other compensation.

When reducing

An early dismissed employee receives compensation in accordance with Art. 180 of the Labor Code of the Russian Federation. Its size is approximately equal to the earnings that an employee would have received if he worked for the time remaining until the company was liquidated or reduced. The amount is determined from the average earnings multiplied by the time until the expiration of the warning period.

If you have any questions about drawing up an application for early dismissal, write to our specialists using the feedback form or call the indicated numbers.

Labor legislation gives him the right to take the initiative in this case. One of the manifestations of this initiative is that an employee who falls under the reduction will not be able to leave work ahead of schedule without the consent of the immediate head of the organization or enterprise.

And the employee's reasons can be quite valid. For example, he found a new workplace and wishes to take up his duties immediately. In order to obtain the consent of the management for the early termination of the employment contract, the employee must write and submit an application.

At the same time, the presence of such a document does not guarantee that the employee will receive the desired. The legislation gives the right to early retirement in accordance with Federal Law number 197, however, does not impose such an obligation on employers. That is, the solution in this case will depend on good will guides.

The basis for early termination of the employment contract is an application submitted by the employee.

In this document, he asks the management to allow the settlement at his request, referring to the main reason for submitting the document, that is, the upcoming and change in staff a lot of schedule.

According to Article 180 of the Labor Code, the consent of the employee, recorded in the application, just gives the manager the right to issue an early dismissal. Without such consent, the employer is not entitled to terminate the employment contract. This will violate the general reduction procedure provided for by law.

There is no unified form () for drawing up an application by law. For this reason, the employee draws up a petition at his own discretion. However, the receipt of an early settlement will depend on the correctness of all the wording. Therefore, the following items are included in the document:

At the top, the name of the document is indicated and an appeal is made to the head of the organization or enterprise (name legal entity fit in completely).
Below is a request to allow early termination of the employment contract in connection with the upcoming reduction of the workforce (the number and date of the notification received from the employer are indicated).
Be sure to enter information that they were, but the employee refused them. It is also recorded that the employee, despite the early settlement, claims all the payments required by law (this is a very important point that allows you to avoid discrepancies in the document!).
Next, enter the desired date for terminating the employment contract.
The document is signed with the decoding of the name and patronymic. The date of its compilation is indicated below.

It must be understood that for certain categories of workers such care is not of particular value. The standard reduction procedure involves mailing out employees two months before the planned termination of employment contracts.

This rule applies exclusively to persons with whom an open-ended contract has been concluded.

Fixed-term contracts require the employer to send notices a week before the planned dismissal. If the contract is for seasonal work or has a short period of validity (two to three months), a notice will be sent three days in advance. Obviously, early settlement with such short term the employee is unlikely to need to wait for the termination of the employment contract and the final payment.

It is also necessary to understand that in most cases the employer is interested in the early departure of the employee. Despite the obligations for additional compensation for early calculation, the employer will be able to avoid problems with jobs. After all, the reduction of a staff unit implies the cancellation of a certain position or the transfer of part of its functions to other employees (structural divisions).

Due to the lack of the necessary position (job), it will be easier for the employer to say goodbye to the employee ahead of schedule than to pay him another two months before the day of dismissal announced in the notice.

Early termination procedure

The reduction of the working staff is carried out taking into account several articles at once Labor Code.

Most of the procedure for early departure of an employee is not much different from the standard termination of the contract. The employer takes the following steps:

Issued, fixing the order to begin the procedure for reducing staff units. That is, change staffing, from which as a result will be removed certain positions(workplaces).
The personnel department that received this order is compiling a list of positions and employees subject to reduction (according to Article 179 of the Labor Code).
After that, the employees who are on the list are notified in writing.
The notifications prepared by personnel officers are signed by the head of the organization or enterprise, and then transferred to the dismissed employees for review.
Upon receipt of such notice, the employee must sign it. Refusal to sign the situation will not change, since in fact the position of this employee has already been excluded from the staff list, and the upcoming dismissal is considered a legal fact.
But, nevertheless, the refusal is recorded by a separate act, which is then attached to the employee's personal file.
After signing or not signing the notice, the employer talks to the dismissed employees, offering them a choice of various vacant positions.
It should be noted that those related to preferential categories (for example, pregnant employees).
At this stage, the employee who decides to leave in advance draws up an application and submits it to the manager. The document undergoes mandatory registration in the accounting book, it is performed by the secretary or other responsible person. After that, the application falls on the table to the head.
Having considered the request of the employee, the employer satisfies it or refuses to satisfy it. After that, a resolution is imposed on the application.
If the decision is positive, a separate order is prepared. On its basis, employees of the accounting department and the personnel department carry out the accrual of funds.
The accrued are issued to the dismissed employee on the day that he indicated in the application (and then duplicated in the order of the management).

What payments are due?

It is more economical for the employer if the employee leaves. However, if this wording is not indicated in the application written by the employee being terminated, the payments are accrued in full. They are formed:

Staff reduction remains the most popular cost optimization measure among employers. As a general rule, employees are warned about the upcoming dismissal on this basis personally and against signature at least two months in advance ( item 2 part one of Art. 81, part two Art. 180 of the Labor Code of the Russian Federation). However, under certain conditions, you can dismiss an employee earlier. Consider how to do it correctly in order to avoid litigation.

Under what conditions can an employee be fired early?

In the text of the notice of dismissal or in another document, the employer has the right to offer the employee to terminate the employment contract before the two-month notice period expires ( part three of Art. 180 of the Labor Code of the Russian Federation). Early dismissal is possible if two conditions are met:
– reduction is carried out in accordance with the procedure established by law;
- the employee agreed to leave early with the payment of additional compensation.

The law does not prohibit an employee from withdrawing consent to early dismissal. However, the employer is not obliged to follow his lead. The revocation of consent does not have significant significance, since the employee is dismissed to reduce staff, and not of their own free will. Therefore, the employer has the right not to take into account the change in the position of the employee and dismiss him on the agreed date. This confirms and arbitrage practice (ruling of the Moscow City Court dated May 26, 2011 in case No. 33-15827).

Sometimes the employee himself demands that he be fired ahead of schedule. If you interpret Labor Code Literally, the employer is not required to do this ( part three of Art. 180 of the Labor Code of the Russian Federation). Until the notice period for the reduction has expired, the employee has the right to quit at his own request ( paragraph 3 of the first article. 77 Labor Code of the Russian Federation). But then he will lose the right to severance pay and average earnings for the period of employment (Art. , Labor Code of the Russian Federation). Thus, this situation will inevitably lead to conflict and litigation. Therefore, we recommend that you agree to early dismissal of the redundant employee in the case when such an initiative comes from him.

How to issue a dismissal order

The prohibition to dismiss at the initiative of the employer during the period of vacation or illness is also valid in case of early reduction ( part six of Art. 81 of the Labor Code of the Russian Federation). So, if an employee submits sick leave on the date of early dismissal, the court will reinstate him at work ( appeal ruling of the Supreme Court of the Republic of Bashkortostan dated June 18, 2015 in case No. 33-10177/2015).

The dismissal order is drawn up according to a unified or other developed in the organization (sample below). The employment contract is terminated paragraph 2 part one of Article 81 of the Labor Code. As documents - the grounds indicate a notice of the upcoming dismissal to reduce staff, a written consent (statement) of the employee to early dismissal.

Download and print a sample

What payments are due to an employee in case of early reduction

On the day of dismissal, the employee is paid the final settlement (Art. 84.1, Labor Code of the Russian Federation). It includes salary, compensation for unused vacation, severance pay in the amount of average monthly earnings.

The reduced employee retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is maintained for the third month from the date of dismissal. The decision on this is made by the employment service. In practice, the question arises, from what date, in case of early reduction, to calculate the period of employment, for which the employee is entitled to the average monthly salary. After all, the date of dismissal is different from that indicated in the notice. As follows from Labor Code, this period is calculated from the actual day of dismissal, and not from the date specified in the notice ( Art. 178 Labor Code of the Russian Federation).

In addition to the above benefits for early termination employee is entitled to additional compensation. It is calculated from the average earnings in proportion to the time remaining until the end of the termination notice period (formula below). To calculate the average daily earnings, apply the procedure established Decree of the Government of the Russian Federation of December 24, 2007 No. 922.

Example

On September 14, 2016, accountant Olga M. was handed a notice of dismissal due to staff reduction on November 15, 2016. The employee agreed to early dismissal on October 3, 2016. The average daily wage is 1138 rubles. Olga works according to a five-day working week calendar. Thus, additional compensation must be calculated within 30 working days.

The amount of compensation will be 34,140 rubles. (1138 rubles × 30 days).

If the employer does not pay additional compensation, this will not affect the legality of the dismissal. However, the dismissed employee will be able to recover the amount of compensation through the court ().

How to make an entry in the work book and personal card

The work book is filled in according to the maintenance and storage of work books, approved Decree of the Government of the Russian Federation of April 16, 2003 No. 225 and approved Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69. The entry in the workbook of an employee dismissed early due to a reduction in staff will not differ from the entries in the workbooks of employees dismissed for the same reason within the period specified in the notice (sample below).

An entry in the employee's personal card will also be standard (sample below). The work book and personal card do not include information that the dismissal was early.