Carrying out reorganization work at enterprises will certainly affect every employee. Often this process is accompanied by a change in leadership and staff cuts.

The correctness of the procedure and registration of the termination of relations with a part of the employees is regulated by law. The employer must follow the established rules and make reductions according to the specified norms.

Dismissal in connection with the reorganization of the enterprise - article of the Labor Code of the Russian Federation

In accordance with the Labor Code of the Russian Federation, the reorganization of an enterprise does not give rise to a reduction in staff. In fact, this process consists in changing the legal name or jurisdiction. In some cases, behind this process is a change in the direction of the enterprise.

In any of these circumstances, the interests of all employees of the organization must be taken into account. The re-registration of the company may be the reason for the voluntary termination labor relations in connection with the introduction of significant changes in the form of ownership or production.

If the process of accession is also associated with a change of ownership, then after re-registration new director has the right to dismiss some of the employees and leave only the most competent.

The procedure for dismissal during the reorganization of the enterprise

Dismissal during the reorganization of an institution requires compliance with a special procedure:

• The possibility of termination of relations occurs only after the complete transfer of the enterprise from one owner to another or its merger;
• An order is issued indicating the new legal data of the enterprise and the full name of the management;
• An order is issued indicating the need to reduce the number of employees, indicating their names and positions;
• On behalf of the new employer, personal notifications of those who are downsizing are carried out. The notice is issued by hand or sent by registered mail;
• The employee, after familiarization, signs the received legal document indicating the date of familiarization;
• Within the terms specified by the legislation, professional relations with subordinates are terminated;
• Employees are paid cash benefit, salary and compensation amounts for the days of annual rest.

Dismissal during the reorganization of the enterprise in the form of accession

The accession of an enterprise is its actual liquidation in one form and the revival in another. Therefore, you can dismiss a hired person based on. Notice of staff reduction due to reorganization is given to the employee three full months before the date of termination of the contract.

In case of non-compliance with the termination process, the manager may be required to reinstate the dismissed employee and compensate for his illegal downtime.

Dismissal of a director upon reorganization by merger

The dismissal of the head during the reorganization in the form of affiliation is an integral part of the changes being made. The organization merges and becomes part of another company, the person who manages the main enterprise becomes its direct director.

The change of director entails not only personnel, but also documentary changes. The course of the organization is changing. As a result of the implementation of the relevant changes, there may be a removal from the position of the manager of the former company or individual subordinates.

Dismissal due to the reorganization of the enterprise - payments

Reduction of staff during the reorganization of the company entails mandatory compensation payments laid-off workers.

Employees are entitled to:

• Salary for the last month of employment;
• Performance bonuses and official allowances;
• Compensation for unpaid vacation days;
• Reduction allowance in the form of one or two average monthly salaries.

All these payments should be calculated correctly and paid on the day the agreement is terminated and the work book is issued. It should be noted that the former employer must necessarily follow the established legislative norms, otherwise his illegal actions may entail liability.

Record in the work book about dismissal in connection with the reorganization

The entry in the work book is given in full accordance with the issued order. In anticipation of making a record of the termination of relations, it is necessary to make a note about the change in the registration data of the organization.

The dismissal of an employee is prescribed in the work book in full accordance with the reason indicated in the order. The dates of termination of professional relations must match. In the work book, it is mandatory to indicate the registration data of the dismissal order.

Order of dismissal in connection with the reorganization - sample

The order completes the procedure for terminating the relationship with the dismissed person.
The following items are included in the order:

• The details of the dismissed person;
• The date the employee was terminated;
• Grounds for termination of cooperation;
• Link to article of the law.

The order is drawn up by a lawyer and signed by the director of the organization.

Any actions of the employer related to the termination of professional relations with subordinates must be carried out in accordance with the law. Deviation from established order can lead to serious problems.

Vice versa, right action the employer will save him from unnecessary litigation, claims from employees and law enforcement agencies. It is traditionally believed that in the form of affiliation it involves the mandatory notification of employees about the reorganization of the enterprise. However, unlike the procedure for liquidating an enterprise, in which, in accordance with Part 2 of Article 180 of the Labor Code of the Russian Federation, the employer is obliged to warn employees of the upcoming dismissal personally, against signature and at least two months in advance, there is no similar rule in the reorganization of an enterprise in Russian legislation.

Organization-employer as successor

57) considers the procedure for changing the structure of a company as a reorganization of a legal entity. Reorganization has several forms: merging, joining, splitting, spinning off, and transforming. This raises a number of issues of interest from the point of view of labor relations. First of all, the issue of the transfer of rights and obligations to the successor should be resolved. In the event of a merger, where two companies merge into a third legal entity, the successor is the newly created entity.

What to do with an employee on maternity leave during the reorganization of an institution?

The actions of the employer in case of reduction are regulated by Article 180 of the Labor Code of the Russian Federation. Since during the reorganization period your employee is in maternity leave, cut an employee You do not have the right. According to Article 261 of the Labor Code of the Russian Federation, termination of an employment contract with women with children under the age of 3 years is allowed at the initiative of the employer only in cases of liquidation of the organization (institution) and when the employee commits disciplinary offenses. The employee automatically becomes an employee of the new legal entity.

Termination of an employment contract upon reorganization of an enterprise by merger

Article 75 of the Labor Code, as amended before entry into force federal law dated June 30, 2006 N 90-FZ, established a favorable rule for employees: upon reorganization, labor relations continue with the consent of the employee. This rule provided for the demand for consent from each employee and, if available, the preservation of all pre-existing terms of the employment contract. “On Amendments to the Labor Code of the Russian Federation, Recognition of Certain Normative Legal Acts of the USSR as Invalid on the Territory of the Russian Federation and Invalidated Certain Legislative Acts (Provisions of Legislative Acts) Russian Federation». New edition h.

The rights of employees during the reorganization of the enterprise

And not only the right to leave, but also all rights and obligations from the reorganized enterprise are transferred to the newly created one .. Unless the reorganization is associated with the liquidation of one legal entity and its transformation into a structural unit of another legal entity. Upon liquidation of the enterprise, the legal successor is obliged to hire maternity workers. Labor relations in the form of transformation.

Does the employer have the right to transfer the employee to a lower position (from the head of the department to the specialist) and reduce the salary during the reorganization?

All employees wrote a letter of resignation from their previous job. Does the employer have the right to transfer an employee to a lower position (from the head of the department to a specialist) and reduce the salary if his position is not provided for in the new company? Answer During the reorganization in accordance with Part 5 of Art.

75 Labor Code RF labor relations continue. By itself, it is not a basis for terminating an employment contract with an employee. When reorganizing, the head first determines the structure, staffing and staffing of the successor organization, taking into account the staff of the affiliated organization.

Transfer of employees during reorganization in the form of accession

But the catch is that she does not want to leave the vacation prematurely. Tatyana L Thinker (5379) 2 years ago For you, article 75 of the Labor Code of the Russian Federation. Labor relations in the event of a change in the owner of the organization's property, a change in the jurisdiction of the organization, its reorganization state registration transfer of ownership. A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, separation, separation, transformation) cannot be a basis for terminating employment contracts with employees of an organization. When changing the jurisdiction (subordination) of the organization or its reorganization (merger, accession, division, separation, transformation), all OBLIGATIONS, including, under employment contracts, TRANSFER TO THE SUCCESSOR. An employee who is on any leave retains his workplace, job title.

Personnel changes during the reorganization

In the process of reorganization of a legal entity (regardless of its form), it is necessary to carry out the following personnel measures:

1) draw up a draft staffing table;

2) develop documents regulating labor relations in the successor organization;

3) notify employees of the upcoming reorganization;

4) terminate employment contracts with employees who stop working due to reorganization;

• make changes to the employment contracts of employees (i.e. sign additional agreements in cases where this is necessary);
• make appropriate entries on the reorganization in the work books of employees.

Additional agreements to employment contracts must be signed:

• with employees who worked before the registration of the reorganization in another company (reorganized legal entity). The content of the additional agreement is the changed details of the employer (part 1 of article 57 of the Labor Code of the Russian Federation);
• with all employees whose terms of employment contracts have changed (Article 72 of the Labor Code of the Russian Federation). The content of the supplementary agreement is the new terms of the employment contract.

In both situations, it is necessary to make an entry about the reorganization in the work book (letter of Rostrud dated September 5, 2006 No. 1553-6).

If the reorganization entailed the transfer of an employee, signing an additional agreement to the employment contract will not be enough. The employer will need to issue a transfer order in the form No. T-5 (No. T-5a) or in a self-developed form.

In the transfer order, you must indicate the previous and new position of the employee. The date of the order must coincide with the date of registration of the reorganization. The employee must be familiarized with the order under the signature, and it makes sense to do this on the first business day after the date of the reorganization (that is, on the day the order is issued).

An entry about the transfer must be made in the employee's work book no later than a week from the date of the transfer (clauses 4, 10 of the Rules for maintaining work books).

How to transfer personnel documents successor organization. Personnel documents of the reorganized organization terminating its activities must be kept by the successor organization. Upon separation, the successor shall keep a part of the personnel documents of the reorganized entity.

The conditions and place of storage of archival documents of a reorganized organization must be determined by its founders or bodies authorized by them (clause 9, article 23 of the Federal Law of October 22, 2004 No. 125-FZ). Archival documents, in particular, include documents on personnel (clause 9, article 23, clause 3, article 3 of the Federal Law of October 22, 2004 No. 125-FZ).

Features of personnel changes in the merger process

Several organizations are always involved in the merger process - two or more (clause 1, article 58 of the Civil Code of the Russian Federation). As a result, a new legal entity is created, for which it is necessary to develop a new one in advance. staffing and new personnel documents.

It is expedient to do this jointly with the specialists of each of the reorganized companies. In particular, it is important for an organization involved in a merger to interact with the lawyers of other organizations being reorganized.

Only with such interaction will it be possible to subsequently avoid disputes with employees and other negative consequences.

Peculiarities of personnel changes in the process of accession

During reorganization in the form of accession, labor relations may change:

• or only for employees of the affiliated organization;
• or for employees of both organizations - the affiliated and the main one (that is, the one to which the accession is being carried out).

Employment relationships change with employees of the affiliated organization. This situation is typical for the case when the main company:

• acquires a company similar in business in another city or constituent entity of the Russian Federation (i.e. becomes its sole participant by acquiring shares or shares);
• wants to turn this company into his own or another separate division.

After the parent company evaluates the assets and acquires new company, she must conduct a personnel assessment: which employees from the acquired company will be needed by the future branch, and which ones will not.

Most often, the management of the main company initially has a clear picture of how the business will be organized in the new territory. As a rule, the main company already has branches in other cities, an established business process structure, as well as an organizational structure adjusted to these processes and a typical section of the company's staffing table with the number of employees required by the branch and the list of positions.

Before starting work with the staff of the merging company, the main company must draw up a draft staffing section for the future branch with a specific number of employees in each division. The management of the main company needs to understand that those employees who are not indicated in the staff list will be fired due to a reduction in the number (staff) of the organization's employees.

Then it is necessary to evaluate the working conditions in the acquired company and compare with the working conditions in the main company: daily routine, remuneration, bonuses, additional holidays etc.

In order for the working conditions to be the same in both reorganized companies, it makes sense to renegotiate employment contracts with employees of the acquired company in the version of the standard employment contract of the main company. In other words, the merging company should change its working conditions in such a way that they become similar to the working conditions in the main company. Moreover, it is expedient to do this even before legal reorganization measures are taken.

To do this, the main company must send all the necessary personnel documents to the newly acquired company (draft staffing section for the future branch, Internal Rules work schedule in the main company, the Regulations on remuneration, the standard form of the employment contract, etc.  etc.). On the basis of such documents, the head of the acquired company begins its transformation into a future branch: changes the staffing table, reduces employees, renegotiates employment contracts, etc.

If both companies have the same employment contracts and the same pay systems, all subsequent processing labor relations it will be much easier than in a situation where working conditions are different. Therefore, it makes sense to prepare the acquired company for a branch in advance and only then carry out merger activities in it.

Notification of employees of the merging company, as well as translation and change in personnel documents is carried out according to general rules.

Labor relations change between employees of the main and affiliated organizations. This happens, as a rule, when companies that are independent of each other participate in the reorganization with different types activities and various structures.

In this case, the main company needs to create a new organizational structure and actually draw up a new staffing table. It is advisable to develop the staffing table together with employees (lawyers, personnel officers) of each of the reorganized companies.

Features of personnel changes in the process of division

The heads of companies created during the separation process need to issue an order on personnel changes in connection with the reorganization.

In this document, it is necessary to list only those employees of the reorganized company who are transferred to work for a specific successor, that is, in a company created in the process of separation.

Features of personnel changes in the process of selection

The head of the company created in the process of separation must issue an order on personnel changes in connection with the reorganization.

In this document, it is necessary to list only those employees of the reorganized company who go to work in the established company (i.e., to the successor).

The successor receives and keeps personnel documents relating only to these employees (and not to all employees of the reorganized entity).

Features of personnel changes in the process of transformation

In case of reorganization in the form of transformation, labor and, if any, collective agreements remain valid. There are no grounds for terminating employment contracts with employees (Articles 43, 75 of the Labor Code of the Russian Federation).

Usually, the reorganization does not change the conditions and procedure for remuneration of employees. But if the place of work changes - the address of the company, position, terms of remuneration and other conditions, then additional agreements to employment contracts must be drawn up on behalf of the new employer. Not later than two months before that, employees must be notified of upcoming changes. Also on behalf of a new employer. In the same manner, it is necessary to notify employees if it becomes necessary to reduce staff.

In work books, you need to make an entry about the transfer of employees to a new company in connection with the reorganization. Column 3 of the book may contain the following wording: “Closed Mir has been transformed into Mir Limited Company (LLC Mir) since October 1, 2014.”

The complexity of the reorganization, which takes place in a limited time frame

It often happens that the company's management sets the task of registering the reorganization within a specific period. At the same time, the time for carrying out personnel events and preparation of personnel documents is not enough. Consider the most typical problems that may be encountered in the process of urgent reorganization, and ways to solve them.

1. There are no documents regulating labor relations in the successor organization

Required to the maximum short term develop and approve, first of all, the following documents: Internal labor regulations, Regulations on wages, Regulations on material incentives, a standard form of an employment contract.

2. New structural divisions appear

It is necessary to sign additional agreements with employees transferred to a new structural unit. You also need to approve the Regulations on this unit (for example, the Regulations on the branch) and familiarize all its employees with new job descriptions. It is likely that many documents will have to be processed retroactively, as employees will not be ready for such drastic changes, will take time outs to familiarize themselves with documents issued for signature, and also consult with the union.

3. Conflicts and misunderstandings arise with the trade union

It is important to explain to the trade union leaders the complexity of the reorganization measures and all the nuances of the documents being drawn up. By building a relationship with the union, the union can, in turn, reassure workers and give them assurance that work and wage will remain at the same level.

4. Employees refuse to sign personnel documents, go on vacation and sick leave

It makes sense to organize a detour of employees at home in order to obtain the necessary signatures.

If, in this case, employees refuse to sign, decisions regarding such personnel will need to be deferred until they go to work.

If such an exit does not take place soon (for example, if employees are on long parental leave), new employees can be recruited to replace employees at fixed-term contracts. However, as employees come out of vacation, they will have to carry out organizational and structural measures and change staff.

5. Employees quit and/or argue with employer

It is important to adhere to the principle of maximum openness for employees.

To all lawyers of the company, including those who work in separate subdivisions, it makes sense to organize meetings with labor collectives and clearly explain the procedure for carrying out reorganization measures. It is best to provide such explanations with the help of visual presentations, where each slide will contain information about a particular stage of the reorganization.

Lyubov Nikolaevna, hello!

Quite clearly, your question is regulated by three articles of the Labor Code of the Russian Federation

Article 81TC. Termination of the employment contract at the initiative of the employer
The employment contract may be terminated by the employer in the following cases:
1) liquidation of the organization or termination of activities individual entrepreneur;
2) reduction in the number or staff of employees of the organization, individual entrepreneur;
Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower paying job), which the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
In the event of termination of the activities of a branch, representative office or other separate structural unit organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for in cases of liquidation of the organization.
It is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of an organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during his vacation

Article 180 of the Labor Code. Guarantees and compensation to employees in case of liquidation
organization, reducing the number or staff of employees of the organization

When carrying out measures to reduce the number or staff of employees of the organization, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of the Labor Code.
About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal.
The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

Article 178 of the Labor Code determines the procedure for paying severance benefits upon termination of an employment contract in connection with the liquidation of an organization (paragraph 1 of part one of Article 81 of this Code) or a reduction in the number or staff of employees of an organization (paragraph 2 of part one of Article 81 of this Code) to a dismissed employee

Upon termination of the employment contract in connection with the liquidation of the organization (clause 1 of part one of Article 81 of this Code) or the reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as 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 retained by the dismissed employee for the third month from the date of dismissal by the decision of the public employment service agency, provided that the employee applied to this agency within two weeks after the dismissal and was not employed by him.
An employment contract or a collective agreement may also provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay.

That is, the employer is obliged to pay you two monthly salaries plus a severance pay of 1 salary.

First of all, let's deal with the question of what constitutes a reorganization of an enterprise.

An enterprise can find itself in a difficult situation for various reasons, including as a result of the economic crisis, mistakes made by management, or the conclusion of unprofitable deals. In order to get the company out of the current financial difficulties due to the inability to pay accounts payable and not bring it to the stage of bankruptcy, some owners go through various transformations.

Reorganization should be distinguished from the complete liquidation of the enterprise. It is a kind of transformation that can be expressed as:

1. The merger or merger of several divisions, resulting in a larger production association with a more advantageous position in the market, and in this case all rights and powers are transferred to the newly created legal entity. It is possible only with the consent of the founders and authorized bodies.
2. Split into several individual enterprises. In this case, all profits and debts are divided in equal parts between the new legal entities.
3. Transformations by changing the organizational and legal form. By adding the number of founders of the enterprise, investing new investments and other things.
4. Separation of new organizations that are subsidiaries with their own seal and charter. AT this case they are independent legal entities on the basis of the former enterprise continuing to operate.

Dismissal during reorganization also differs from the release of employees during the complete liquidation of the enterprise.

In the event of the liquidation of the enterprise, that is, the termination of its full activity, all employees are eventually fired.

During reorganization or transformation, at the request of the new owner, only a complete change of the management team is possible, that is, the dismissal of only the head, his first deputies and the chief accountant.

Dismissal in connection with the reorganization of the enterprise, article 75 of the Labor Code of the Russian Federation, pays attention to the possibility of changing the management staff, while leaving all other employees on the same conditions under which they concluded employment contracts when applying for a job.

Director, his deputies, Chief Accountant, can, if desired, be replaced by other candidates only in the event of a complete change of the owner of the enterprise, and not its jurisdiction on the basis of the fourth paragraph of the first part of 81 articles of the Labor Code of the Russian Federation.

The very process of dismissal of the head, deputies and chief accountant takes place according to the standard procedure for termination of labor relations, in accordance with the current legislation, but no later than three months after the change of ownership.

Despite the fact that during the transformation (reorganization) of the enterprise no future layoffs of employees are planned, all employees must be notified in writing about the upcoming changes 2 months before they begin and no later than three months after the owner enters into his duties.

Having received such a notification, the employee has the right to decide himself to continue working, or to terminate the employment relationship.

At the same time, the employees themselves, who did not want to work in new divisions and under new management, have the right to write a statement refusing to continue working due to a change in ownership of the organization's property and the transformations that have taken place.

They are dismissed in accordance with the sixth paragraph of Article 77 of the Labor Code of the Russian Federation, with a corresponding entry in the work book.

One of the features of such termination of an employment relationship is that it is not necessary to warn in advance two weeks before the employee wants to quit. The dismissal must be issued by the date indicated by the employee in the application.

Although, as we noted above, dismissal during reorganization in the form of joining employees is possible only on their initiative, however, it should be understood that after the joining or merging of several divisions and the formation of a new legal entity, most likely the new owner will have to reduce the staff, since there will be such to say too much employees.

It is important to take into account here that any changes in the staffing table and the number of employees are possible only after official state registration on the transfer of all property rights to the new owner of the organization. The reduction must be made in accordance with all norms of the law.

That is, it is first necessary to warn employees in writing about the upcoming staff reduction.

If possible, they should be offered to be transferred to another position.

In selecting candidates to be made redundant, preference is given to keeping staff with more than highly qualified, dependent on disabled relatives who are invalids of military operations.

It is also important to consider what cannot be reduced:

• women who are on maternity leave or caring for children under three years of age;
• single mothers (fathers) raising children under 14;
• employees, if they are guardians of persons with disabilities;
• employees who are on vacation or on sick leave at the time of reduction.

For all employees who remain working in the converted company, all their rights are preserved.

Changes related to the reorganization of the enterprise are entered into work books and personal cards in the personnel department.

Instruction

Having considered in general terms the possible dismissal of employees during the reorganization of the enterprise, we will dwell in more detail on the step-by-step methodology for the actions of the new owner.

1. First of all, before the start of any transformation, there must be a reasoned, documented decision on its implementation.

It could be:

• unanimous decision on general meeting founders;
• if the owner is one individual, then his decision, expressed in writing;
• privatization state enterprise and its transfer to private ownership;
• a court decision, in the event that an enterprise is on the verge of declaring it bankrupt, to try to bring it out of a state of insolvency.

2. Having a decision on the transformation of the organization, the management is obliged to give a written notice of the reorganization of employees two months before the start of the transformation:

• the merger of the organization in which they work with other enterprises;
• joining the company to another organization;
• about the disintegration of the enterprise into several smaller ones;
• on organizational changes legal form organizations;
• on the allocation of subsidiaries on the basis of the enterprise where they have worked so far.

The notification, as usual, is prepared in two copies. One of which is handed over to the employee against signature, the second remains in the personnel department.

In cases where an employee refuses to sign, an appropriate act is drawn up signed by at least two witnesses that the person is really acquainted and warned about the upcoming changes of a certain number. The date is required.

Also, the notice must indicate the period in which a person must decide to continue working in a reorganized institution or quit, due to refusal to work in the proposed conditions, in accordance with paragraph 6 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

3. If an employee refuses to work with the new management, sometimes this is due to the need to get to work in another locality, a dismissal order is issued in the form T - 8, with a full justification for the dismissal, that is, with reference to the reorganization of the enterprise, documents, based on which the transformations were carried out and the statement of the employee himself.

The important point is that after submitting the application, the employee does not need to work for fourteen days, laid down in other cases of dismissal of his own free will.

The employee also gets acquainted with the order to terminate the employment relationship against signature.

Similarly, if he refuses to sign, an act is drawn up and a note is made in the order.

4. An appropriate entry is made in the work book of the employee who refused to work in the reorganized institution, indicating the number and date of the dismissal order.

5. On the last day of work, all documents are handed over: a work book, a certificate of average earnings for the year.

If necessary, they give extracts from orders for hiring and dismissal, other documents, at the request of the dismissed employee.

In addition, all due funds must be paid on the same day.

Dismissal for the reorganization of the enterprise payments in the calculation provides for all the same that are established by law for any termination of employment:

• payment for the days actually worked until the moment of dismissal (if required cash rewards, they are also included here);
• when unused vacation- monetary compensation;
• all payments that are due upon dismissal for collective agreement enterprises.

6. After the appropriate changes have been made to founding documents enterprises or in the public register legal entities, depending on the form of ownership of the enterprise and the mandatory registration procedure with the Federal Tax Service, new owner has the right to change the management team: director (manager); his first deputies; chief accountant.

Having decided to dismiss the main specialists, it is also necessary to notify them individually, referring to the fourth paragraph of the first part of Article 81 of the Labor Code of the Russian Federation.

Their consent to early termination employment relationship is not required in this case.

But, the warning must be issued in accordance with all the rules with a personal signature stating that they are familiar with the fact that they will be fired.

The new owner must take into account that he can use the right to change the management team only within three months after the registration of the transformations.

7. An order is issued to terminate employment relations with former leader, his deputies, the chief accountant with reference to paragraph 4 of part 1 of Art. 81 of the Labor Code of the Russian Federation.

Dismissed specialists get acquainted with the order against signature.

8. An entry is made in the work book corresponding to the dismissal order.

9. When issuing all the required settlements, a severance pay is paid in the amount of three monthly average earnings, provided for in Article 181 of the Labor Code of the Russian Federation.

10. After documenting the reorganization of the enterprise, if it is necessary to change the number of employees, the new owner can approve a new staffing table and, on its basis, carry out a reduction in employees.

11. The reduction warning is also held according to established norms labor law in writing against signature or mail notification two months before leaving.

12. If there are suitable vacancies for the position and health status, employees are invited to move to a new workplace.

In case of refusal, or the absence of such vacancies, in agreement with the trade union committee of the enterprise, a reduction is made.

13. The dismissed employee also gets acquainted with the order on reduction against signature. In case of refusal to sign, as usual, an act is drawn up.

14. Employment history with a corresponding entry and settlements are issued on the last day of work of the laid-off employee.

15. Upon dismissal on a reduction, an allowance is paid in the amount of the average monthly earnings and in the future, provided that the employee was registered with the employment center within two weeks, but could not find a job, the allowance can be paid for three months.

When selecting candidates for reduction, preference should be given to persons who are highly qualified and have experience in this specialty, the material support of the employee (are there still able-bodied members in the family, and are there dependent young children and incapacitated relatives).

Also, if there are disabled people and combatants, they have advantages over other candidates for dismissal in staying to work.