Liquidation of an organization, regardless of its organizational and legal form, is associated with various kinds of difficulties.

The closure is especially hard for full-time employees, who, because of this, lose not only their positions, but also a permanent source.

The labor legislation of the Russian Federation protects its citizens who are dismissed by management due to the liquidation of the company.

General procedure for dismissing employees during liquidation

Article 81 of the Labor Code of Russia regulates the procedure for dismissing employees when, and also provides for additional compensation payments for them.

The procedure for closing an organization is as follows.

. The authorized body makes a decision to liquidate the company. A corresponding resolution can also be adopted in court.

. The manager issues a dismissal order full-time employees from their positions. This internal document is drawn up on the basis of a decision made by the employer (Form T-8).

. The procedure for dismissal during liquidation of an enterprise requires the employer to submit data about each full-time employee to the local employment service.

These documents must indicate the following information: position, profession, salary, specialty.

Federal legislation provides for a deadline for submitting data - 2 months before dismissal.

The form that is submitted to the employment service is approved by Decree of the Government of the Russian Federation No. 99 of 02/05/1993.

. Dismissal during liquidation requires the employer to submit a corresponding notice to the local trade union. He must transfer the data no later than 3 months before the start of the liquidation procedure.

. If the company has a military employee on its staff, then the manager must send a corresponding notification to the local military registration and enlistment office. The form of such a document was approved by the General Staff of the Armed Forces of the Russian Federation on April 11, 2008.

. Each employee must be personally familiarized with the order, which he signs in the appropriate accounting register. For this purpose, federal legislation sets a deadline - 2 months before the completion of the liquidation procedure.

. On the last working day, the employer must issue all employees work books, in which marks of dismissal are affixed (the basis is clause 1 of Article 81 of the Labor Code of the Russian Federation).

On the same day, final settlement of wages and other payments must be made with employees.

. If a company employee has been withheld on the basis of a court decision, the manager notifies the local bailiff service about the liquidation of the company.

He must give them, in addition to the writ of execution, an employment agreement and other documents relating to this issue.

. If alimony was withheld from the employee, the employer informs the recipient of his dismissal cash payments within three days (Article 111 of the Family Code of the Russian Federation).

. The mass dismissal of workers is carried out in several stages. First of all, contracts with employees are terminated. After this, labor relations with economic services and the administrative apparatus are terminated.

Labor relations with specialists involved in the liquidation procedure are terminated last.

Notification of employees about the liquidation of the enterprise

The procedure for liquidating an enterprise and dismissing employees is regulated by Russian federal legislation.

It is the employer's responsibility to provide closure notices to:

• all full-time employees 2 months before termination of employment contracts;
• employees who are employed in seasonal work are notified no later than 7 days before termination of the contract;
• those employees with whom employment contracts were concluded no later than 2 months before liquidation, notifications are sent 3 days before their termination;
• if the organization has been recognized, then its full-time employees are notified of the upcoming dismissal (selected on a competitive basis) 1 month in advance;
• If the employer is ready to pay compensation to employees, then he can terminate employment agreements with them before the deadline established by law.

The notification form is drawn up in free form. It must contain the necessary details, information that dismissal will be carried out in connection with the liquidation of the enterprise, the signature of the manager and the company seal.

In the event that an employee refuses to put his signature on a document, a corresponding act is drawn up in the presence of 2 witnesses.

Now the 2-month period before the date of dismissal will be counted from the date of signing the act.

If a company employee is on a business trip at the time of distribution of notifications, then the manager recalls him to hand over the document against signature.

When the manager is unable to familiarize the employee with the notice, he can send it to him at his home address.

To do this, you will have to issue a registered letter, a list of attachments and a postal notification form, which, after signing by the recipient, will act as evidence.

From the date of receipt of the registered letter indicated in it, a 2-month period will be counted until the termination of the employment contract.

Order of dismissal due to liquidation of the enterprise

The dismissal of employees during the liquidation of an enterprise, in accordance with the regulations of the Labor Code of the Russian Federation, must be documented.

The manager issues orders to terminate employment contracts (form T-8 or T-8a).

If dismissal is carried out by agreement of the parties, then the order can be signed ahead of schedule.

To do this, the manager must receive written confirmation from the employee and also agree to pay him compensation.

In the case where an employee is dismissed during the liquidation of an enterprise, the order is signed 2 months after his notification.

After each employee familiarizes himself with the order, appropriate entries are made in their work books.

IN mandatory the number of the article of the Labor Code of the Russian Federation under which the dismissal was carried out is indicated, as well as the number and date of the order.

Dismissal of maternity workers and pregnant women during the liquidation of an enterprise

The dismissal of a maternity leaver in connection with the liquidation of an enterprise is carried out in the following order:

1. The employer notifies the trade union 3 months before the termination of the employment contract with the maternity leaver, and the employment service 2 months before the termination.
2. 2 months before the dismissal of a pregnant woman is formalized, she is given a corresponding notice.
3. An order is issued, which the maternity leaver will have to read and sign in the appropriate register. If it is not possible to obtain a signature, then an act is drawn up.
4. An entry is made in the work book indicating that the maternity leaver was dismissed during the liquidation of the enterprise.
5. The final payment is made, all documents and certificates are issued.

When dismissed due to the liquidation of an organization, maternity leavers can count on the following types benefits and compensations:

• weekend;
• for child care;
• for pregnancy (for the entire vacation period);
• for unused vacation;
• for termination of an employment contract (additional compensation).

After dismissal, the maternity leave must register with the local employment service in order to continue receiving the payments due to her.

The benefit will be transferred to her card account or in the form of . She needs to provide the following documents to this body:

• application of the established form;
• sheet of temporary incapacity for work;
• extract from the work book.

Despite their status, which is sacredly protected by federal legislation, women on maternity leave cannot exercise their right to retain their position during the liquidation of the company. They are notified of the impending dismissal on a general basis.

Dismissal of managers and officials upon liquidation of an enterprise

Upon liquidation of an organization, the entire management team may be dismissed. For example, the general leaves his position based on a decision made by the enterprise.

In accordance with the regulations of the Labor Code, this fact must be recorded. This document will indicate the date of dismissal of the director. An entry will be made in the general director’s work book containing a link to the protocol.

It is this document that will be the basis for terminating the employment contract with the director.

The dismissal of a manager due to the liquidation of a company is carried out in a certain sequence.

STAGE 1. MEETING OF FOUNDERS

If we're talking about about a limited liability company, first of all, a meeting of the founders is held, at which everyone is accepted.

STAGE 2. LIQUIDATION COMMISSION

In the process of carrying out the liquidation procedure, the owners of the organization appoint a special commission, the functions of which are not only to prepare the relevant documentation.

She is authorized to dismiss the manager from his position at the moment when the decision to close was made.

Since the company will continue to operate economically for several months, albeit within strictly limited limits, it will not be able to do without a director.

During this period, the functions of the head will be performed by the chairman of the liquidation commission.

The commission can be appointed by the body that issued the decision on liquidation.

STAGE 3. APPOINTMENT OF A LIQUIDATOR

If on general meeting The founders decided to appoint a manager to the position of liquidator; he will be the last to resign.

An entry in his work book will be made after the organization ceases to exist as legal entity and receiving relevant documentation from the Federal Tax Service (confirming this fact).

STAGE 4. NOTICE OF TERMINATION OF THE AGREEMENT

If the functions of the manager are assumed by the head of the liquidation commission, then the termination labor relations with the director will be carried out according to the standard scheme.

When dismissing company staff, no distinction is made between ordinary workers and administrative employees.

Everyone, including the director of the enterprise, is given notice 2 months before the termination of employment contracts.

After this, orders are issued that are brought to the attention of the employees of the liquidated enterprise.

He puts his signature in the appropriate accounting register, which will indicate that he has been informed of the upcoming dismissal.

Dismissal due to liquidation of the company can be carried out by decision of the owners or director.

The procedure is carried out according to the standard scheme: notification, issuance of an order, signature in the register, issuance of a work book, final payment.

The chief accountant has the right to demand compensation from his company for the loss of his position and source of monthly income.

Dismissal due to liquidation of the enterprise - This is stress for workers due to loss of earnings. The legislator has provided for them some guarantees and compensation. Meanwhile, unreliable employers, taking advantage of the legal illiteracy of their employees, cover up other types of reform of the company’s activities with liquidation and force them to resign due to at will. We will talk about all aspects of dismissal associated with the liquidation of an enterprise in this article.

What is liquidation of an organization

Liquidation of an organization is a complex and rather lengthy procedure, the ultimate goal of which should be to contact the tax service with the necessary package of documents and exclude the enterprise from the unified state register of existing legal entities or individual entrepreneurs.

Liquidation of a company is carried out voluntarily by decision of the founders of a legal entity (IP) or compulsorily by a court decision.

In case of voluntary liquidation of an enterprise, a brief scheme of measures looks like this:

It becomes clear that after completion of all stages of liquidation, the enterprise ceases to exist and it does not have any legal successors. However, quite often employers disguise other forms of reorganization of activities as liquidation in order to get rid of unwanted employees for their own benefit.

The difference between the liquidation procedure and other forms of company reorganization

You can often hear from working citizens: “Our store (office, base) is being liquidated because the owner sold it (changed the name, address, director). And we were asked to write a letter of resignation of our own free will.”

Note! Dismissal at will is possible solely at the request of the employee, and not because of some external circumstances or someone else's requests. But in this case, the employer simply does not want to pay his employees upon dismissal.

The liquidation of an enterprise should be distinguished from such changes in the work of the organization as:

• change of company owner or management;
• change of name, address, location;
• reorganization of an enterprise by merging with another legal entity or merging two legal entities.

If the owner of an organization changes, in most cases this does not entail any changes for ordinary employees. The cashier or seller generally does not care who is listed as the founder of their LLC. If new owner decides to change the organization's management and personnel, he can carry out a staff reduction procedure, paying employees all the required amounts, or dismiss employees by agreement of the parties, also agreeing on the amount of compensation. Changing the name, address or location of the enterprise will not affect the work of the team at all, except for a possible change in the route to work.

In the event of a reorganization, when an organization merges or merges with another, it is obvious that some of the staff becomes redundant, since there is no need for 2 directors, 2 personnel officers, etc. However, this does not mean that the extra people should quit on their own. In this case, dismissal is also carried out as part of the staff reduction procedure or by agreement of the parties with the payment of severance pay.

The procedure for dismissing employees during liquidation of an organization

Dismissal upon liquidation of an enterprise is subject to the algorithm of actions that are prescribed in the Labor Code of the Russian Federation and the Law of the Russian Federation “On Employment in the Russian Federation” dated April 19, 2001 No. 1032-1. In accordance with these legislative acts dismissal due to liquidation of the enterprise takes place in 5 stages:

The Labor Code of the Russian Federation provides for employees the opportunity to terminate an employment contract before 2 months have elapsed before the mass dismissal of employees. The employee’s consent to early dismissal must be in writing, and the company is obliged to compensate him average earnings days remaining before the scheduled dismissal.

Dismissal due to liquidation of the enterprise dedicated to clause 1 of Art. 81 Labor Code of the Russian Federation. It is this norm that must be recorded in the work book as a basis for terminating the employment contract. However, at the request of employees, another reason may be indicated as a basis for termination of the employment contract:

• transfer to another place of work (clause 5 of article 77 of the Labor Code of the Russian Federation);
• the worker’s own desire (clause 3 of article 77 and article 80 of the Labor Code of the Russian Federation);
• agreement between the employee and the employer (clause 1 of article 77 and article 78 of the Labor Code of the Russian Federation).

In these cases, the company saves on payments to the employee provided for upon dismissal due to liquidation.

Severance pay upon dismissal due to liquidation of the organization

The amount of the benefit designed to compensate for the loss of work is established in Art. 178 Labor Code of the Russian Federation. When resigning due to the cessation of the organization's activities, the employee must receive:

• 1 average monthly salary upon calculation;
• 1 average monthly salary for the period of employment for 2 months

In exceptional cases, by decision of the employment service, a citizen can receive 1 more average salary if he is not employed within 3 months (provided that the employee is registered with the labor exchange within 2 weeks after dismissal).

As a rule, 2 average salaries are paid to employees at the enterprise immediately upon dismissal, but to receive the 3rd payment, you need to contact the employment service.

In addition to dismissal benefits due to liquidation, each employee must receive the usual payments upon termination of an employment contract:

• salary for hours worked;
• compensation for unused vacation days;
• other payments that may be provided for by the internal documents of the organization, for example a collective agreement.

Payments upon liquidation of an enterprise to women on maternity leave and on sick leave

After a company ceases operations, the most questions arise from those who are preparing to go on maternity leave, are on maternity leave, or fall ill after dismissal. Meanwhile, the state provides certain security for these most vulnerable categories of citizens.

In paragraphs 3 and 4 tbsp. 13 Federal Law “On Compulsory Social Insurance...” dated December 29, 2006 No. 255-FZ states that if a former employee of a liquidated enterprise falls ill within a month after dismissal, payment according to sick leave produced by the Foundation social insurance, where you need to apply with documents within 6 months (but it’s better not to delay!). The same standards apply to expectant mothers who go on sick leave for pregnancy and childbirth.

As for workers dismissed during maternity leave or parental leave, after dismissal they need to contact the social security authority at their place of residence. You must submit a certificate of salary for the past 12 months to social security. Based on these documents, a monthly allowance will be calculated and paid in the amount of 40% of average earnings, and not the minimum as for the unemployed.

Important! Child care benefits will be paid only to those who have not registered with the employment service and, accordingly, do not receive unemployment benefits.

It is worth keeping in mind that receiving benefits for disability, maternity and child care through government organizations does not exclude or affect the receipt by employees of dismissal payments in connection with the liquidation of the enterprise.

A mandatory procedure that comprehensively covers all full-time personnel of a legal entity, but is implemented in relation to each employee individually. The dismissal process is regulated mainly labor legislation and internal acts of the organization that determine the procedure for interaction between the employer and employees.

Despite the fact that dismissal during the liquidation of an organization is, in fact, a formality, you need to be extremely careful about the procedure, strictly follow the entire procedure and fulfill the mandatory requirements. This will guarantee the absence of conflict situations and negative aspects associated with the possible application of penalties due to non-compliance or incomplete compliance with labor law standards. Supervisory government agencies are extremely demanding when it comes to inspections in connection with violations of the procedure for dismissing employees, regardless of the grounds.

The liquidation of large and city-forming organizations is fraught with a sharp increase in the number of unemployed citizens. The termination of the activities of such legal entities will be subject to strict control. But even small enterprises, if conflicts arise with employees, will certainly attract the attention of regulatory authorities. And today people know how to complain at the slightest reason, despite the fact that dismissal is a serious reason for this.

How should dismissal occur in connection with the liquidation of an organization?

Liquidation of an organization is a direct basis for the dismissal of employees at the initiative of the employer (clause 1, part 1, article 81 of the Labor Code of the Russian Federation). The norm applies unconditionally - restrictions on the dismissal of certain categories of employees (pregnant women, on maternity leave) and related circumstances (vacation, sick leave, presence of another vacancy) do not apply. It is not necessary to obtain the employee’s consent, nor is it necessary to obtain special approval of the issue from the trade union organization.

The procedure for dismissal during liquidation of an organization: step-by-step instructions

The dismissal procedure due to termination of the employer’s activities involves the following stages:

1. The adoption by the authorized body of a legal entity of a decision on the voluntary liquidation of an organization or the issuance of a court decision on forced liquidation.
2. Appointment of a liquidator or creation of a liquidation commission.
3. Preparing a liquidation plan is not a mandatory procedure, but is widely practiced to simplify and speed up the completion of all liquidation measures. The plan traditionally includes a clause on the dismissal of the organization’s employees and settlements.
4. Preparation of a dismissal plan - for cases where there are many employees, dismissal is planned gradually, when it is necessary to postpone the dismissal of some hired employees (manager, accountant, members of the liquidation commission, etc.). The dismissal can take place in one day, but usually some employees need to be retained for a longer period of time. In this case:

• everyone is notified of the dismissal at once, but with the expectation that the organization will be able to liquidate quickly enough;
• some employees are notified later, but in such a way as to comply with the timing and order of all procedures;
• They plan to dismiss everyone in one day, but after dismissal, civil contracts are concluded with the necessary employees until the completion of liquidation measures (it is advisable to agree on the issue in advance and ensure readiness for such a relationship).

1. In accordance with the legislation on trade union organizations, upon liquidation of a legal entity, notification of the trade union and negotiations with it regarding the rights and interests of members of the trade union organization are required. The notification must be sent at least 3 months before the upcoming liquidation of the legal entity. Often, holding these events is a mere formality, since the union cannot in any way block the termination of the organization's activities or prohibit dismissal. Usually, all issues come down to the need to comply with the procedure for dismissing employees and making all payments due to them in full.
2. Preparation and sending to each employee a notice of upcoming dismissal due to liquidation. In this case, they are guided by the decision to terminate activities and clause 1 of Part 1 of Art. 81, part 2 art. 180 Labor Code of the Russian Federation. The timing of notification is not strictly regulated, but it is imperative to maintain a minimum 2-month interval between notification and dismissal. Distribution or delivery of notices is carried out in such a way that the employer, if necessary, can confirm that the employee received the information. Usually notifications are handed over against signature - the most effective method confirmation of fulfillment of duties.
3. Simultaneously with sending notifications to employees or a little later, but no later than 2 months before the date of dismissal, a written notification is prepared and sent to the territorial division of the employment service (Rostrud). In accordance with the Letter of Rostrud dated September 26, 2016 N TZ/5624-6-1, the notification can be prepared in free form, but usually the form (Appendix 2) approved by Government Decree of February 5, 1993 N 99 in the current version is taken as a basis, accompanied by written information. All details should be clarified in your territorial division of Rostrud.
4. Employees who express a desire to terminate the employment contract before the expiration of 2 months from the date of notification are dismissed. The desire or consent must be expressed in writing - a corresponding statement is sufficient. Such dismissal is the right of the employer, but it is implemented only with the consent of the employee. On the other hand, if the employee himself wants to resign, but the employer is against it, then dismissal under clause 1, part 1, article 81 of the Labor Code is impossible. In this case, you can choose and agree on other grounds for dismissal. As a rule, either the agreement of the parties or one’s own desire appears. Such reasons are beneficial to the organization, but not beneficial to the employee - he loses money. Therefore, the issue should be approached extremely carefully in order to protect the interests of the employer, but not create conflict situation and not risk the possibility of appealing the dismissal. If the issue of dismissal due to liquidation is agreed upon before the expiration of the 2-month period, the employment contract is terminated in the usual manner. Additional condition - the employer is obliged to pay the employee monetary compensation, which is calculated based on his average earnings in proportion to the time remaining until the end of the 2-month period between the notice and the date of the upcoming dismissal. Compensation is paid in addition to other payments due to the employee. If an employee wants to quit on his own initiative, the organization saves on payments, and the employee, accordingly, loses money, so in this case it is worth considering a compromise solution in advance.
5. After a 2-month period from the date of notification, a single dismissal order is issued for all employees or separate orders (Form T-8) - in accordance with the dismissal schedule. Each employee to whom it concerns is familiarized with the order personally, against signature. If it is impossible to bring the contents of the order to the attention of the employee, as well as in cases where the employee refuses to familiarize himself with the order and (or) put his signature, the requirement may not be observed, but it is necessary to make a note (record) directly in the order about the reasons and the fact itself.
6. Dismissals are documented by the personnel officer (personnel department) in accordance with the internal regulations of the organization and the Labor Code of the Russian Federation. The main documents are an order, a settlement note, a properly executed personal card of the employee (form T-2) and a work book with a record of dismissal.
7. Employees receive financial settlements and documents related to dismissal. On the day of dismissal, a work book with a record of dismissal must be issued, other documents - upon the employee’s written request. Such documents include any related to the employee’s work in the organization. To avoid problems with handing over a work book to an employee (he does not want to appear, pick up documents, sign for its receipt, etc.), the employee is sent a written notification of the date and place of receipt of the document or the need to give consent to send the work book by mail. With such a notification, the employer insures himself against a controversial situation - he is considered to have fulfilled his obligation. In accordance with the law, work books not received (not claimed) by employees are stored in the organization for at least 75 years. Taking into account the liquidation process, documents must be submitted to the territorial archive (state or municipal) upon completion of the activities.
8. If an employee plans to register as unemployed, he will need documents that the employer is obliged to hand over. In addition to personnel documents, a certificate of average monthly salary for the last 3 months is required. The certificate is prepared and issued at the employee’s request within 3 days from the date of submission of the written application.
9. Preparation and submission to the military registration and enlistment office of information on the dismissal of employees subject to military registration (only if there are such employees). Information is sent to the territorial military registration and enlistment office and (or) local authorities - depending on the local procedure and practice (needs to be clarified). The obligation must be fulfilled within 2 weeks from the date of dismissal. The notification form can be obtained from the authority where the information is provided (Appendix 9k Methodological recommendations General Staff of the RF Armed Forces on maintaining military records in organizations).
10. If there are employees in the organization who are subject to enforcement documents, information about their dismissal must be sent to the territorial division of the FSSP where enforcement proceedings are being conducted. Executive documents must be returned. There are no specific deadlines for reporting to the FSSP, but this must be done immediately in order to avoid liability (up to 100 thousand rubles in fines) for violating the procedure for fulfilling duties within the framework of enforcement proceedings.

In general you need:

• send information to the FSSP unit and attach an executive document;
• send information (notification) to the recipient of alimony if the executive document concerns alimony obligations;
• make a note in the returned writ of execution about the deductions made (total amount of claims, amounts withheld before dismissal, dates of transfers, payment documents, debt balance) and certify the records with the organization’s seal.

Financial settlements with employees

Payments to employees upon liquidation of an enterprise are a special topic for consideration. Provided here special order accruals and settlements, as well as several types of payments - basic and additional.

Basic calculations- everything that is due to the employee, regardless of dismissal and its grounds. This includes wage and other payments related to the implementation labor responsibilities and compensation provided by law (bonuses, sick leave, maternity leave, travel allowance, etc.). Compensation for unused vacation, calculated according to the number of days, is also subject to payment.

Additional calculations- compensation payments due to an employee specifically in connection with his dismissal on the basis of liquidation of the employing organization. They are accrued and paid over and above the principal amounts. These include:

1. Severance pay is the average salary (paid by the employer immediately upon dismissal).
2. If it is impossible to find employment, a payment in the amount of the average salary for the next two months after dismissal. The payment is made against the severance pay, so as a result, another equal amount must be added to the severance pay. Provided that the employee is registered with the employment center within 2 weeks from the date of dismissal, the monthly salary can be maintained for another month (up to three in total) - the decision is made by the employment center. In this case, the employee will receive a total of 3 average monthly salaries (benefits + 2 average monthly salaries).

Payments are made by the employer and at his expense. To maintain a salary, it is necessary for the employee to submit to the organization a statement of payments due to him and documents indicating the absence of work (employment). When liquidating legal entities, payments due to dismissal are usually made immediately in full (2 salaries) to avoid problems in the future. It can be problematic to get a third salary - the organization may already be liquidated by this time. The employment center must take into account the current circumstances when making a decision.

• severance pay seasonal workers is the amount of 2 weeks' average salary;
• for those working in the Far North, retained earnings can cover 4-6 months, and the requirement for contacting the employment center is not 2 weeks, but a month.

Liquidation of an organization may turn out to be a fairly short-lived process, and not all obligations to employees will be repaid. Problems often arise with obtaining sick leave, payments and compensation related to pregnancy and childbirth, as well as other social payments.

Among possible options, when a legal entity has already been excluded from the Unified State Register of Legal Entities and has actually ceased to exist:

1. Filing a claim against the Federal Tax Service and putting forward a demand to cancel the registration of liquidation.
2. Filing a claim for debt repayment against the liquidator.
3. Filing a claim against persons bearing subsidiary (joint and several) liability for the debts of the organization.
4. With regard to social payments, the grounds for which appeared within a short period after dismissal (parental leave, maternity leave, sick leave, etc.), they can be received through government agencies within the social insurance system.

In court, of course, you can try to cancel the liquidation, but if the organization no longer exists, there are no assets, documentation, etc., it is ineffective to make any claims against it. The only thing that can be done is to try to hold the owners and management accountable.

The decision to liquidate an enterprise is made quite often. But not everyone knows how to properly close a business according to the law. The intention to liquidate the company must be communicated to employees and the labor exchange. The order is drawn up properly, a sample is presented in the article. The basis for liquidation may be a decision of members of the company's board, bankruptcy, or revocation of a license to continue operating.

Dismissal due to liquidation of an enterprise - when to notify employees?

The procedure for dismissal due to the liquidation of a company is quite complex. It is necessary to inform the company's employees 2 months before the termination of the employment contract.

The information letter is drawn up in two original copies, one for the employee and the other for the organization. This will avoid litigation in the future. Employees do not always accept this news joyfully, and sometimes they refuse to sign the form, in which case it is necessary to draw up a report or send it by registered mail, a sample report

The enterprise takes as its foundation. It is worth noting that during liquidation, all employees of the company are subject to layoffs, including those who are on maternity leave or vacation. The same principles apply to them as for all other employees. After the liquidation of the company, a pregnant woman who did not get a job new job, receives maternity benefits from the state. And monthly child benefits. When the reason for liquidation is bankruptcy, the notice period for employees is reduced to 30 days. Company managers must wait for a court decision to declare the company bankrupt in order to comply with the norms prescribed by law.

Payments upon dismissal due to reduction

Employees who have been laid off at an enterprise are legally protected from the point of view of the law. The company's employees are paid severance pay, and if they are not employed, payments will continue through the employment center for the next two months. At the end of the period provided for by law, the citizen is assigned the status of unemployed, and he continues to receive benefits at the employment center.

How to write a dismissal order due to the liquidation of an enterprise - sample

When drawing up an order, a unified T8 form per employee or T8-a in case of mass layoffs.

How to write a resignation letter correctly?

To write an application, you must read Art. 180 part 3., And Art. 81 part 1 item 1 labor code, if they are not clear to you, contact the HR department for clarification. Sample application available link:

Check with the HR department which article should be included in the layoff application at your company.

How to fire the general director in connection with the liquidation of an enterprise?

To dismiss a director, it is necessary to create a liquidation commission, or this decision may be adopted by the meeting of founders or the sole founder. When terminating an employment contract by decision of the liquidation commission, the order is signed by the chairman. When dismissing a director, it is necessary to comply with the norms of legislation and make a full calculation:

• Compensation for layoffs is equal to at least two average monthly earnings.
• Compensation for unused vacation. It is accrued if the director was absent on vacation for a period of time established by law, even if it is several years.

Early termination of the contract with the director provides for payment for the days remaining before the termination of the employment relationship. Upon termination of the company's activities on the grounds of bankruptcy, the director must transfer his rights to the liquidator and provide related assistance in accounting for the company's assets. After the removal of powers from the director, all responsibility for the further management of the company by third parties is removed from him.

Entry in the work book about dismissal due to liquidation of the enterprise

Based Labor Code of the Russian Federation, upon dismissal upon liquidation of the enterprise, a corresponding entry is made in the work books of employees on the basis Art. 81 part 1 item 1. Sometimes company managers try to avoid paying compensation to their employees and try to persuade them to resign by agreement of the parties or of their own free will. If the employee agrees to the company’s conditions, the entry on the basis of which the resignation letter was written is made. The order is formed on the basis of an application written by a company employee.

Liquidation of an organization - termination of the activities of a legal entity, liquidation without transfer of responsibilities and rights to other persons.

Notice of dismissal

According to, the liquidation of an enterprise for employees begins with the signing of a notice of dismissal. Management is required to notify employees of future dismissal in writing and two months in advance.(Part 2, Art. 80). This also applies to those who work part-time in the organization.

The notice is drawn up in two copies. According to Article 14 of the Labor Code of the Russian Federation, the period of two months begins after the notice signed by the dismissed person. If the employee suddenly refuses to sign the notice, then an act of refusal is drawn up, which is signed by members of the liquidation commission.

During liquidation, all employees are dismissed, incl. minors, expectant mothers, those who are on vacation, on sick leave, because the organization ceases to function.

Dismissal of employees when a company is liquidated

Upon dismissal due to liquidation, the employer undertakes to pay the employee:

• salary for the days the employee actually worked in the month;
• for unused vacation - compensation;
• severance pay.

To the fired benefits are paid in the amount of the average monthly salary, he is followed by the preservation of the average monthly earnings until he finds a job, however, no more than 2 months from the date of departure (including severance pay).

You must say goodbye to the dismissed employee on the last day of work. If the employee was not at work on the day of dismissal, then the money is paid to him the next day after he applied for them.

When two months have passed, the dismissal is formalized. The employee familiarizes himself with the order with his signature. Afterwards, the following entry is entered into the dismissed person: “Dismissed due to the liquidation of the organization, paragraph 1 of Article 81 of the Labor Code Russian Federation" Then it is given back on the day it stopped. If the dismissed person is not at work, then he is sent a notification about the need to pick up his work record, or agree to send it by mail. From the day the notification is sent, the organization declines responsibility for the delay in receiving its work permit.(84 art.).

With the consent of the employee, the employer may terminate the employment contract before the two-month period has passed. Although, then another compensation is paid, equal to the employee’s average earnings, which is calculated in proportion to the time remaining before the notice period for dismissal expires.

Labor Code: liquidation of an enterprise and reduction of personnel or staff are almost the same. However, the law states that if the employer undertakes to offer the dismissed person another job that he has, that is, a vacant position. Although, when dismissal occurs due to the liquidation of the company, the employer is not obliged to do this.