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Art. 178 of the Labor Code of the Russian Federation. Severance pay. Commentary on Art. 178 of the Labor Code of the Russian Federation

When a citizen enters the enterprise, an employment contract is concluded with him. It, in addition to the basic working conditions, prescribes the procedure in accordance with which the dismissal is carried out. Art. 178 of the Labor Code of the Russian Federation regulates issues related to termination of the contract. Let's consider it in more detail. ST 178 TC RF

Average monthly salary

Termination of the contract may be due to several reasons. Part 1, Art. 178 of the Labor Code of the Russian Federation regulates the payment of compensation for:

  1. Liquidation of the enterprise (paragraph 1 of paragraph 1 of the 81st article).
  2. Reduction in number / staff (paragraph 2 of the above norm).

In these cases, the employee is entitled to a benefit in the amount of his average monthly salary. In addition, the former employee retains the salary for the period of employment, but not more than two months from the date of termination of the contract (with offset). Art. 178 of the Labor Code of the Russian Federation allows the payment of the average monthly salary and during the additional third month in exceptional cases. This assumption is valid if the relevant decision was made by the employment service body and the employee registered with the Central Employee within the first 14 days after termination of the contract, but was not employed for more than two months.

dismissal of art. 178 shopping mall of the russian federation

Other cases

In h. 2 Article. 178 of the Labor Code of the Russian Federation it is established that the employee may be paid compensation in the amount of fourteen-day earnings. Such accruals are made in the following cases:

  1. Refusal of an employee to transfer him to another job, which he needs on a medical certificate, or if the employer does not have a suitable place.
  2. Calling a specialist for military service or sending him to civil (alternative) service.
  3. Recovery at work the employee who performed it before.
  4. Refusal to transfer to another area together with the employer.
  5. Recognition of an employee as fully disabled according to a medical certificate issued in the manner prescribed by law.
  6. Refusal to continue work due to changes in the initial conditions of the contract.

Part 3, Art. 178 of the Labor Code of the Russian Federation admits that other cases may be provided for in the labor or collective agreement in which the employee may rely on monetary compensation. In addition, increased amounts of payments may be established, except as otherwise specified in the Code.

h 2 st 178 tk rf

Commentary on Art. 178 of the Labor Code of the Russian Federation

Cash compensation is paid to the employee with whom the contract is terminated on the last day of his stay at work. Art. 178 of the Labor Code of the Russian Federation, in the first part, it formulates a single accrual procedure for reducing staff / number and liquidation of an enterprise. The norm establishes that the employee can continue to receive average monthly earnings for two months after the termination of the contract. A citizen exercises this right regardless of the reasons for the delay in employment in the second month. So, he can refuse to continue professional activities at the same enterprise or from the work that was offered to him in the Central Employment Office.

Renewal of registration

In Art. 178 of the Labor Code of the Russian Federation it is mentioned that a citizen after termination of the contract must contact the employment service in the first fourteen days. This period may be extended if there are good reasons for missing it. For example, a citizen can apply to the CH even later, if in the first two weeks he was incapable of work, performed public or state duties, etc. h 1 st 178 tk rf

Important point

Art. 178 of the Labor Code of the Russian Federation allows the payment of compensation to the employee additionally for the third month after the termination of the contract in exceptional cases.If the authorities of the CH are unable to offer the citizen a suitable job, including those receiving an old-age pension, they issue an appropriate certificate. Based on this document, the subject retains the right to receive average earnings for the 3rd month. after dismissal. In the event that a person twice for valid reasons has refused the offered suitable work, the indicated certificate shall not be issued. Accordingly, the average monthly earnings for the 3rd month. not saved.

What is a suitable job?

Such activity is considered to be one that corresponds to the professional suitability of a citizen, taking into account the level of his training, health status, remoteness from the enterprise, the conditions of his previous place of employment (except for public (paid) work). Suitable work may be temporary or permanent. In relation to citizens applying to the CH after completion of seasonal employment, this will be considered, in principle, any activity. Appropriate for this category of persons is recognized as paid, including public or temporary, work for the performance of which special preparation is necessary or not needed (taking into account the age and other characteristics of the subject), which meets the requirements of the law and other legal documents containing labor standards .

h 3 st 178 tk rf

Suggested earnings

The remuneration at the new enterprise should not be lower than the salary that a citizen received in the previous place on average for 1 month, calculated for the last 3 months of activity. Moreover, if the amount exceeded the size of the subsistence minimum established in the subject for the able-bodied population, then the earnings offered at the new enterprise should not be less than this value.

Pay

The average salary that is maintained for the duration of the employment of the dismissed employee is issued on the basis of the work book and passport. In case of establishment of payment for the third month, an additional certificate from the central office is presented. In the event that a citizen got a job within the 2nd or 3rd month, the average salary is kept for him in accordance with the actual number of days of unemployment. The employer may provide the employee with additional material assistance. Its amount is not taken into account when paying the average monthly salary for the period of employment.

st 178 tk rf severance pay

Art. 178 of the Labor Code of the Russian Federation: severance pay

Federal Law No. 90 The list of grounds for termination of the contract was substantially expanded. Thus, the legislation strengthened the protection of workers. The Federal Law establishes that severance pay is effected on the grounds provided for in paragraphs 7 and 8 of part 1 of the 77th article, paragraph 5 of part 1 of the 83rd article of the Labor Code. Accrual is allowed in cases when the termination of the contract occurred due to objective factors. These include, in particular:

  1. The inability to transfer the employee to another place in accordance with the medical certificate, the employee’s refusal to do so, or the employer does not have suitable work.
  2. Recognition of a citizen as disabled. This condition of the face is confirmed by honey. a conclusion that is issued in the prescribed manner.
  3. Changing the terms of the contract. In the event that the employer decides to adjust some terms of the contract, he is obliged to notify the employee about this. The latter, in turn, may not agree with the new provisions. In this case, he has the right to write a letter of resignation.

Payments in such cases are made in the amount of 2-week earnings.

Commentary on Article 178 of the Russian Federation

Additionally

In addition to the grounds listed in the article under review, severance pay may be paid in accordance with part 4 of Article 84 upon termination of the contract due to violation by the employer of labor standards. In such cases, it is assumed that the actions of the employer create conditions in which further professional activity of a citizen at the enterprise is impossible. Such a violation by the employer may be allowed due to unlawful behavior of the employee.If the guilt of the latter is established, severance pay will not be paid to him. If the employee was on a trial period and his work during this period was unsatisfactory, the contract is terminated without additional payments. As a general rule, severance pay for a citizen who has concluded a contract with the tenant for a period of less than two months is not supposed. The receipt of compensation by these categories of citizens can be established directly in the contract (collective / labor) or the Federal Law.


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