What is guaranteed to the worker at reduction?
Due to the burst crisis the question of how to protect itself in case of mass reduction of number or a staff of employees of the organization, is very actual. Many are afraid to be on street, without having a penny behind soul.
The labor code provides the corresponding guarantees and compensations to such workers. But not all organizations, unfortunately, work according to a law letter. Therefore it is worth arming with the corresponding knowledge to be ready to assert the rights: at first in conversation with the employer, and then if it is required, then and through court.
If there was such trouble, and you got laid off , then it is necessary to remember the following.
the organization is obliged to warn about the forthcoming reduction (read - dismissal) the worker personally and under a list not less than in two months to dismissal. That is the organization has to warn the worker about it personally and in writing. It should be noted that observance of terms of the warning of the forthcoming reduction is very essential basis in accordance with the established procedure of dismissal.
In that case if the worker wishes to to dissolve the employment contract with the employer before the expiration of two-month term, then it has to express the will in writing. But at the same time it is worth remembering that cancellation of the employment contract in this case depends on the employer`s discretion. The written consent of the worker to cancellation of the employment contract without working off of the two-month term established by the current legislation can be expressed by means of acquaintance on receipt with the relevant order of the employer or the separate written document (the statement of the worker) in which it expresses the consent to dismissal without working off of the specified term. At the same time the employer undertakes to pay it additional compensation at a rate of the average earnings during all the time estimated in proportion time which remained before the expiration of the warning of dismissal.
In addition it is worth paying attention that the appeal of the employer with the offer to stop the labor relations in connection with reduction has to be sent to the worker after warnings of dismissal, but not to such prevention.
As the initiative in the termination of the labor relations belongs to the employer, therefore, he also defines date of the termination of the employment contract, but on condition of observance of the minimum term established by the legislation. That is standards of the Labour code established only the minimum term of the notice (two months), therefore, the worker can be warned also for bigger term, for example, in three months and more.
Additional compensation is paid to the worker in day of dismissal along with payment of the severance pay.
At making decision on reduction of number or a staff of employees of the organization and possible cancellation of employment contracts with workers the employer is obliged in writing to to notify on it bodies of an employment service not later than 2 months prior to holding the relevant activities. The beginning of holding the relevant activities is defined by the order or the order of the employer by the indication of concrete date of their implementation. So, if on June 1 the employer issued the order on reduction of workers since September 1, then the employer is obliged to send the message to body of an employment service no later than July 1, that is no later than 2 months.
Thus, at dismissal on the considered basis, the worker has the right to check whether this procedure is observed or not. In case the employer broke the order established by the legislation, then dismissal can be recognized illegal and the worker will be restored at the previous position. At the same time the employer will be obliged to pay average earnings for all the time of the compelled truancy or a difference in earnings for all the time of performance of below-paid work.
Not for nothing speak: it is warned - means it is armed. Knowing the rights, it is simpler to defend them. If, God forbid, reduction concerns someone from you, you remember that before to sign something, attentively study all documents. Also you remember that you have the right to request all documents concerning an order of carrying out reduction at the enterprise. And in case of not observance of the established procedure you can challenge the reduction on legal grounds.