The bankruptcy of the organization means the complete disbanding of state employees. In this situation, there are no preferential conditions and guarantees provided by the Labor code. Dismissal is required for all employees: executives, pregnant women, single mothers with underage children, parents of disabled children, employees who have not reached 18 years of age. Work book get your hands on all of them and people are on vacation or on sick leave.
In addition, the organization is bankrupt not offer laid off employees other positions, as vacancies just yet. And even the opinion of the trade Union about the termination of the employment contract has in this case no value. The only and indisputable legal basis for the dismissal of employees is the court decision about liquidation of the insolvent enterprise.
The bankruptcy Trustee is obliged in writing to notify each employee of the impending dismissal. Most of the employees will receive the document for 2 months before the proposed date of liquidation. But for some categories of citizens this period may be reduced. So, employees with whom the employment contract is signed for two months, will be notified 3 days prior to dismissal. Seasonal workers must be informed within 7 calendar days prior to the signing of the order.
Experts, service personnel often constitute notice of termination of the employment contract in two copies. One of them is an employee. The second returns the bankruptcy Trustee. It dismissed puts his signature, confirming the fact of acquaintance with the text.
The process of liquidation of the bankrupt enterprise is completed with the exception of information from the Unified state register of legal entities. up To this point should be issued the order of dismissal of all staff, but subject to the above notice periods. However, by mutual consent of the parties (the employee and the bankruptcy Trustee) the employment relationship can terminate early. On the last working day the employee is given a work book and a full cash settlement.
Payments owed to the employee, are made up of several parts:
• Actual salary received by the person before the day of dismissal.
• Compensation for unused vacation time.
• Severance in the amount of one average monthly salary. Some categories of specialists, such as seasonal workers, the benefit may be calculated differently based on the norms of labor legislation.
• Compensation in case of dismissal before the expiration of two months from the date of notice. Its amount is calculated in proportion to unearned time.
If dismissed, the citizen is not found a new job, he is paid the average monthly salary again. The third time payments will be granted to those employees who had approached the Center of employment of the population and was not employed there. Then the financial organization's obligations to former employees over.
A feature of the payments made during the bankruptcy of the organization is their priority. In the first stage, the settlements with persons with work-related accidents and injuries. Then the cash is paid to all other employees.