How must the employer
That the planned job cuts, under which fall and the place that the staff is you, the employer must notify you in advance. This must be done in writing no later than two months before the date of dismissal (article 180 of the Labour code). That notice you received, you must confirm your signature on the second copy. If this formality was not complied with, any court will restore you to the same place of work. In this case you can even count on a cash payment in the amount of wages for the entire period of forced absence until receipt at hand the court decision.
Simultaneously with the notice of impending redundancy, the employer must offer you to take any and the available vacancies corresponding to your specialty and experience, but the same qualifications and salary to ensure he does not have. If there are no vacancies or you do not agree to take the ones that have been offered, you have to prepare for dismissal.
If you were out sick or on vacation, to dismiss you on grounds of redundancy the employer has no right.
In some cases, the employer, in case of failure of the employee to take a lower paid position, citing that they performed the requirements of the law, can offer you to put on the table a letter of resignation at own will. You can not do that in any case – otherwise you will lose any compensation that they are entitled to dismissal on article about the reduction. But you have to write a written refusal to the vacant position that was offered to you. To explain the reason for the refusal you are not obliged to.
To the labour exchange you can register and begin to receive benefits after the expiration of two months after the dismissal.
Compensation, required to employee under reduction
According to article 178 of the labour code, all amounts payable to you and the compensation you should receive in day of dismissal simultaneously with the workbook. In case of reduction you are supposed to:
- severance pay in the amount of average earnings, which is calculated based on the last exhaust you 12 months;
- within two months after the dismissal, you can count on a salary, provided that during this time you will not get another job;
- compensation in cash for all unused vacation since 2002 when entered into force the new edition of the LC RF.
