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Dismissal in a crisis: how to avoid losses
January 20, 2022
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Just yesterday you were laughing at the memes about how you don’t want to work, and today you are already writing “Familiarized” on the dismissal order.
Being unemployed during a crisis is scary, especially if you are being fired for the first time. Do not panic: if everything is done according to the law, material losses can be avoided or at least minimized.
We tell you how to protect your rights upon dismissal. But keep in mind, this applies only to those who are registered according to the Labor Code and receive a “white” salary.
Why are there so many voluntary layoffs during a crisis?
The statistics are surprising - in difficult times, the number of voluntary layoffs is growing. In fact, there is nothing surprising: this is how companies try to stay afloat.
Compare the costs of the company for the dismissal of an employee: at their own request and for downsizing.
Here's what you get when you quit on your own initiative:
Remaining salary
Compensation for unused vacation (2.33 days of vacation for each month of work)
And here is what the employer is obliged to pay upon dismissal for reduction:
- Remaining salary
- Compensation for unused vacation
- Monthly severance pay
- Allowance for the period of employment (for a month or two months, if you have time to register with the Employment Center in the first 14 days after the reduction)
In addition, they must notify about the reduction two months before the dismissal and offer another position in the company, if possible. And if you wish, you can be fired in one day.
Therefore, employers go to great lengths to make you quit yourself. Some scare them with dismissal under the article with a “wolf ticket”. Others put pressure on pity and assure that after the crisis they will take it back. Still others promise compensation or a recommendation.
Go towards the employer or not - decide for yourself. But if threats are used, remember: it is very, very difficult to dismiss under the article. Evidence is needed - acts and witnesses, and one can only talk about inconsistency with the position after attestation.
If you want to recognize the dismissal as illegal, first contact the Labor Inspectorate, then the prosecutor's office or the court.
Who can't be fired
You cannot be fired for downsizing if:
- The employee is on vacation or on sick leave (except in cases of liquidation of the organization)
- Employee is pregnant or on maternity leave
- An employee is raising a child under the age of 14 alone
- An employee is the sole breadwinner of a disabled child under 18
- The employee is a member of a trade union - he cannot be fired without the consent of the trade union organization
- Pre-pensioners can be fired for all reasons except age. They are laid off in the same way as the rest of the employees.
If we are talking about the liquidation of an organization, then there are no exceptions - everyone is fired.
How to get the most favorable terms of dismissal
If the employer refuses to dismiss on a reduction, try to negotiate a dismissal by agreement of the parties. Take out the employment contract and re-read what is said about such a dismissal.
Often the conditions for dismissal by agreement are spelled out in a separate act - ask the personnel department.
If these conditions do not suit the employer, get ready for negotiations. The company is unlikely to want to sue and pay the costs, and maybe even compensation.
Upon dismissal by agreement of the parties, the employee is paid from one to three monthly incomes.
You receive all payments and compensations on the last business day. For each day of delay, compensation is charged - 1/150 of the current refinancing rate of the Central Bank of the Russian Federation.
By the way, after dismissal, you still have the right to paid sick leave. One condition is that it must be opened no later than 30 days after the dismissal. You can apply for sick leave to your former employer for payment within 6 months after the dismissal - if you haven’t got a new job, of course.
If you broke up peacefully, ask your boss for a recommendation, attach it to your resume. Check with the accounting department - how much you will have to pay for servicing a salary bank card, you may have to change it. Take contacts from colleagues - to stay in touch.
And do not forget to register with the Employment Service within two weeks - you will receive unemployment benefits and, if you wish, you can undergo free retraining under the Employment Assistance program.
And we continue to collect all the vacancies in Russia for you - right now we have more than 2.8 million active vacancies.
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