Article 81. Termination of an employment contract at the initiative of the employer - as amended, verified 05.29.2021 - Labor Code

Labor Code Article 81, paragraph 2, part 1, payments

Code);
calling up an employee for military service or sending him to an alternative civil service replacing it (clause 1 of part one of Article 83 of this Code); reinstatement to work of an employee who previously performed this work (clause 2 of part one of Article 83 of this Code); the employee’s refusal to be transferred to work in another area together with the employer (clause 9 of part one of Article 77 of this Code); recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code); refusal of the employee to continue working in connection with a change in the terms of the employment contract determined by the parties (clause 7 of part one of Article 77 of this Code). Cash payments in the amount of average monthly earnings, and the average monthly earnings are retained 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 decision of the employment service body, provided that within TWO WEEKS after the dismissal the employee applied to this body and was not employed by it. If you were fired before the expiration of the notice period, these payments + compensation of average earnings for the remaining days until the end. Article 178.

Calculation upon dismissal, payment terms of the Labor Code of the Russian Federation 2019

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed request for payment is presented (Article 140 of the Labor Code of the Russian Federation). If the employer violates the established deadline for paying wages due to the employee, the employer is obliged to pay them with interest in an amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from amounts unpaid on time for each day of delay starting from the next day after the established payment deadline up to and including the day of actual settlement (Part 1, Article 236 of the Labor Code of the Russian Federation)

What payments are due upon dismissal under Article 81 of the Labor Code of the Russian Federation?

recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code);

the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (clause 8 of part one of Article 77 of this Code);

What payments are due to an employee upon dismissal under Article 77 of the Labor Code, paragraph 6?

Hello! Article 77 of the Labor Code indicates the general procedure for dismissing an employee; payments of estimated amounts to the dismissed employee are made in accordance with the specific article of the Labor Code specified in the dismissal order. That is, if you resign of your own free will, then the payment of the calculated amounts consists of wages accrued for the actual time worked before the day of dismissal, payment of compensation for unused vacation, payment according to the certificate of incapacity for work if the dismissed person was on sick leave before the day of dismissal. Upon dismissal due to reduction or liquidation of an enterprise, guarantee payments are made in accordance with Article 178 of the Labor Code.

Article 178. Severance pay When terminating an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a 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 earnings, and also retains his average monthly earnings 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 decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it. Severance pay in the amount of two weeks' average earnings is paid to the employee upon termination of the employment contract in connection with: the employee's refusal to transfer to another job, which is necessary for him in accordance with the medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence at the employer of the relevant work (clause 8 of part one of Article 77 of this Code); calling up an employee for military service or sending him to an alternative civil service replacing it (clause 1 of part one of Article 83 of this Code); reinstatement to work of an employee who previously performed this work (clause 2 of part one of Article 83 of this Code); the employee’s refusal to be transferred to work in another area together with the employer (clause 9 of part one of Article 77 of this Code); recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation (clause 5 of part one of Article 83 of this Code); refusal of the employee to continue working in connection with a change in the terms of the employment contract determined by the parties (clause 7 of part one of Article 77 of this Code). An employment contract or collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay.

Exact algorithm for dismissal due to staff reduction (art.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

2. Dismissal under clause 2, part 1, art. 81 before the expiration of the notice period is possible with the will of the employer and the consent of the employee. You can be fired even the next day after the warning, BUT WITH PAYMENT OF COMPENSATION IN THE AMOUNT OF THE AVERAGE MONTHLY FOR ALL DAYS BEFORE THE END OF THE WARNING PERIOD.

Payments to those dismissed under

Issuing an order: what to pay attention to. Article 81 paragraph 2 of the Labor Code of the Russian Federation - payments upon dismissal under the article. The collective agreement was concluded in accordance with the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) 4.2. An employee cannot be dismissed without compensation for time worked, etc. In accordance with Art. 178 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the employer is obliged to pay a dismissed employee severance pay. The Labor Code of the Russian Federation does not explain the procedure for paying benefits for the second month, which is why misunderstandings and disputes often arise. The article on loss of trust in the Labor Code of the Russian Federation is intended to protect the interests of the employer. The fact of dismissal is determined by issuing a Dismissal Order, which is signed after review by each dismissed employee, and by making an entry in the work book: “Dismissed due to a reduction in the number of employees, clause 2, part 1, art. 81 Labor Code of the Russian Federation."

Labor Code in force Termination of an employment contract at the initiative of the employer (current version). Art. 81 of the Labor Code of the Russian Federation with comments and judicial practice. In this article, we examined dismissal for non-compliance with the position held by the article of the Labor Code of the Russian Federation. Basic payments during staff reduction in accordance with the Labor Code, as well as Article 81, paragraph 1, 2, part 1 of the Labor Code of the Russian Federation stipulates basic payments to employees during staff reduction Additional payments to an employee dismissed due to staff reduction ↓. An employment or collective agreement may provide for other payments to an employee who is being fired, as well as increased payments in cases specified by the Labor Code of the Russian Federation. Article 133 of the Labor Code of the Russian Federation and Article 331 also have no analogies with the old version numbered 33.

Payments upon dismissal due to staff reduction - procedure and terms of payments

Compensation for unused vacation, clauses 1–12 of Art. 127 Labor Code.
A former employee who falls ill has the right to receive sick pay for the first 30 days. It is enough to bring the document to the enterprise. It can remain on the ballot for up to 4 months, until disability is registered in paragraph 2 of Art. 7 Civil Code of the Russian Federation. The amount of payments will be 60% of the average salary.
A woman in labor can receive a one-time benefit upon presentation of a sick leave certificate.
If the enterprise is cancelled, you should contact the FSS (Social Insurance Fund) for payment for temporary disability.

Payments for staff reduction (severance pay).
Payment for days worked.
Compensation for vacation, or for everything that was not used.
Additional payments for the remaining days that were not worked.
Average earnings for the period of employment (60 days). The starting point is the date of dismissal.

Article 81, paragraph 2, part 1 of the Labor Code of the Russian Federation, compensation

Failure by an employee to timely submit documents confirming the fact of temporary incapacity to work to the employer cannot serve as a basis for recognizing the reasons for his absence from work and dismissal for absenteeism as unjustified.

The presentation by an employee of documents that do not meet this criterion when concluding an employment contract may lead to the employer’s termination of the employment contract in accordance with paragraph 11 of part one of Article 81 of the Labor Code of the Russian Federation, which is one of the ways to protect the rights and interests of the employer.

Article 77, paragraph 1, part of the Labor Code of the Russian Federation with comments 2021

Art. 72.1 of the Labor Code of the Russian Federation and commentary thereto), since in both cases there is a change in the subject composition of the labor relationship. This is another advantage of the contractual form of registration of dismissal compared to the resolution on the application. If one of the parties declares its disagreement with the termination of the employment contract, the employee cannot be dismissed under paragraph 1 of part one of Article 77 of the Labor Code of the Russian Federation.

Termination of an employment contract is the end of the employment relationship between the employee and the employer. This differs from the removal of an employee from work, when the employee’s performance of his labor function is only suspended.

Labor Code Article 81, paragraph 2, part 1, payments

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It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

Dismissal under Article 81, paragraph 5

Lawyer's answer to the question: dismissal under Article 81, paragraph 5 If you are in full swing with measures to reduce staff or numbers, as you yourself say, then of course dismissal under clause 2. Part 1. Art. 81 Labor Code of the Russian Federation. Guarantees and compensation in accordance with Article 178 of the Labor Code of the Russian Federation - corresponding to the grounds. ———————————————————————

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it. ———————————————————————

Guarantees and compensation for employees in case of staff reduction

Number of calendar days in an incompletely worked calendar month = 29.3 cal. days / Number of calendar days of this month x Number of calendar days falling within the time worked in this month.

The number of working days to be paid starts from the day following the day of termination of the employment contract and ends with the day of dismissal, which is indicated in the notice of staff reduction (Article 14 of the Labor Code of the Russian Federation).

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Labor Code staff reduction Article 81 what payments are due

It should be remembered that offering another job is not a one-time action: the employer is obliged to notify those being dismissed about vacancies opening at the enterprise right up to the termination of the employment contract. The employee is obliged to either accept the offer and continue working in another position, or refuse - and the refusal must also be recorded in writing, dated and signed by the employee.

In relation to layoffs, in addition to regular beneficiaries, members of trade union leadership at least below the shop level cannot be dismissed. It is prohibited to dismiss elected representatives of a collective of employees who participate in resolving disputes with the employer.

What is said in the article

If one is fired on the basis of a reduction in the organization's staff, the position that the worker occupied must be eliminated, he is offered any other unoccupied positions, and in case of refusal an order is issued. The employee is notified 2 months before layoff.

In paragraph 7, we are talking about the loss of trust of the employer in relation to the employee, for example, in case of unproven theft or concealment of any data about monetary or commodity values. At the same time, this includes unreliable data or only partially provided information about the income and property of close relatives.

What payments are due to an employee upon dismissal?

In exceptional cases, the average monthly salary is retained by the specified employee during the fourth, fifth and sixth months from the date of dismissal by decision of the employment service body, provided that within a month after dismissal the employee applied to this body and was not employed by it.

10. What payments are due to an Emergencies Ministry EMPLOYEE (a fire truck driver with 19 years of experience) if he receives an industrial injury, in addition to Social Insurance Fund payments? The degree of loss of ability to work has been established; what must be paid to the medical service upon dismissal?

Labor Code Article 81, paragraph 2, part 1

Dismissed on February 1 due to staff reduction under Article 81 of the Labor Code, paragraph 2, part 1, without working for 2 months. We paid compensation for 2 months (for February and March), compensation for unused vacation and severance pay for February. Income tax was deducted from the entire amount. And also union dues. Is the administration right?

As you correctly understand, it is necessary to document that you will not be able to provide leave on the day of dismissal due to lack of debt and it is necessary to contact law enforcement agencies regarding the elimination of any violations of the rights of the federal budget and transfer the certificate (and the seal was carried out in an unapproved similar case ). He can check out that they have already been brought. Your daughter, as her position, will go to the authority that responded to the request about the occurrence of a case when the parents go to court with a claim to determine the order of communication with the child. In accordance with paragraph 3 of Art. 66 of the Family Code of the Russian Federation, all issues related to the upbringing and education of children are resolved by parents by mutual consent, based on the interests of the children and taking into account the opinions of the children. Parents (one of them), if there are disagreements between them, have the right to apply for resolution of these disagreements to the guardianship and trusteeship authority or to the court. 3. The place of residence of children in the event of separation of parents is established by agreement of the parents. In the absence of an agreement, the dispute between the parents is resolved by the court based on the interests of the children and taking into account the opinions of the children. In this case, the court takes into account the child’s attachment to each of the parents, brothers and sisters, the child’s age, moral and other personal qualities of the parents, the relationship existing between each parent and the child, the possibility of creating conditions for the child’s upbringing and development (occupation, work schedule of the parents , financial and marital status of parents, etc.). Leading legal consultant of the Transbaikal Department of Roshydromet of the Ministry of Natural Resources of the Russian Federation. Consultations in personal mail are PAID. Please take into account when applying

Article 81 of the Labor Code of the Russian Federation

1) absenteeism (subparagraph “a”, paragraph 6, article 81 of the Labor Code of the Russian Federation). Absenteeism means absence from the workplace without a valid reason during the entire working day (shift). Absenteeism is the absence of an employee from the workplace without good reason for more than four hours in a row during a working day (shift). It should be assumed that the workplace in this case means not only the workplace assigned to the employee, but also the one where the employee was obliged to be by virtue of the instructions of the employee’s relevant manager (on the concept of a workplace, see Article 209 of the Labor Code of the Russian Federation and the commentary To her).

As part of the next paragraph, we will consider the procedure for early termination of an employment contract in connection with the submission by the employee of false documents to the employer when concluding an employment contract (clause 11 of part one of Article 81 of the Labor Code of the Russian Federation). It should immediately be clarified that the requirements for the composition of the documents submitted by the employee when concluding an employment contract are determined by Article 65 of the Labor Code of the Russian Federation and, therefore, the employer’s attempt to accuse the employee of submitting false documents, which the employer had no right to insist on, from a legal point of view will look untenable.

Calculation upon dismissal, payment terms of the Labor Code of the Russian Federation 2019

On March 4, 2015, I submitted my resignation. Accepted the application. The settlement has not yet been signed, the settlement has not been paid, and copies of the requested documents have not been issued (employment order, employment contract). I sent a package of documents to the legal address (application for dismissal and issuance of documents), but no one picks up the mail there, because no one visits the legal address.

Dismissed wages are paid within the time limits established by Art. 140 of the Labor Code of the Russian Federation, namely no later than the day of their dismissal. If the employee did not work on the last working day, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for final payment. In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged, as established in Art.