The theory of everything. Theory of everything Labor Code of the Russian Federation Article 181

In the event of termination of the employment contract with the head of the organization, his deputies and the chief accountant in connection with a change in the owner of the organization's property, the new owner is obliged to pay compensation to these employees in the amount of at least three times the average monthly salary of the employee, except for the cases provided for by this Code.

Legal advice under Art. 181 of the Labor Code of the Russian Federation

Stanislav Povarnin

My husband worked at the enterprise as an excavator, but due to illness, he received a disability of 2 grams. and the employer transferred him as a watchman, but he is not allowed to work overtime and night shifts.

The answer to the question was given by phone

Evgeniya Osipova

I am 14 years old! This summer I want to earn at least little money !. Tell me what will be my hourly working day and salary (max) =)?

Lawyer's answer:
as you agree, the law, our entrepreneurs wipe their backside for workers aged 14-16 years, the working time is set no more than 24 hours a week; for workers aged 16-18 years no more than 36 hours (Article 181 of the Labor Code of the Republic of Kazakhstan); for students of educational organizations combining study with work during the academic year, at the age of 14 to 16 years - 2.5 hours a day, at the age of 16 to 18 years - 3.5 hours a day.

Alexander Samodurov

Disabled person to work. I heard that there is such a law or regulation, if you hire a disabled person, they are exempted from paying tax (or part of any tax). Where can you find the original source?

Lawyer's answer:
By the way, there is a chain of Stores "Pyaterochka" that works according to this principle. legal status disabled people in our country, is the Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people in Russian Federation"(Hereinafter - Law No. 181). This law regulates a wide range of issues: delimits the competence of public authorities in this area, defines the rules for recognizing a person as a disabled person and the procedure for conducting a medical and social examination (MSE), fixes the basic social guarantees provided to citizens, etc. No. 181, provided for by the Labor Code of the Russian Federation. According to Art. 20 of Law No. 181-FZ, government bodies different levels should provide employment for people with disabilities. In particular, the constituent entities of the Russian Federation can set quotas for hiring people with disabilities and a minimum number of special jobs for people with disabilities. This quota is established for organizations with more than 100 employees (Article 21 of Federal Law No. 181-FZ). Its value can be from 2 to 4% inclusive of average headcount workers. At the same time, administrative legislation establishes responsibility for violation of the above norm. In accordance with paragraph 1 of Art. 5.42 of the Code of Administrative Offenses of the Russian Federation, the refusal of the employer to hire a disabled person within the established quota entails the imposition of an administrative fine on officials in the amount of 2,000 to 3,000 rubles. The whole article is here

Natalia Golubeva

At what age are children allowed to work in Kazakhstan?

Lawyer's answer:
Children from the age of 14 have the right, with the permission of their parents, to conclude an employment contract with the employer, and from the age of 16, parental consent is not required (Republic of Kazakhstan). For employees aged 14-16 years, the duration of working hours is not more than 24 hours a week, for employees aged 16-18 years not more than 36 hours (Article 181 of the Labor Code of the Republic of Kazakhstan). According to Article 179 of the Labor Code, it is prohibited to use labor not who have reached the age of 18 in hard work, work with harmful and dangerous conditions labor, as well as at work, the performance of which may harm their health and moral development.

Oksana Novikova

I work for three months in a temporary place. If I go on maternity leave now, will my job be retained or will I be fired?

Bogdan Efraimov

Contesting a will after inheritance (+)?. One person (A) made a will being fully competent for a person (B). After a certain number of years, person (A) died (natural death). Person (B) entered into inheritance rights. 2 years have passed. Person (A) has a daughter (capable). She was an adult at the time of writing. Does she have the right to challenge the will?
- Like any citizen, he has the right to file a claim, but there are no grounds for cancellation, since there are no legal grounds.

Nikolay Neznakomov

Reduction question. A man works as a storekeeper in a computer company, the staff of storekeepers was decided to be reduced. At the same time, they were offered two options: transfer to salesmen or quit. Does the person in this case get laid off if the position of the seller does not suit him?

Falls in.

Vladislav Filipiev

Disabled person to occupy a leadership position. Good afternoon. I work as a deputy chief physician at the Central Regional Hospital. I decided to apply for a disability of the 3rd group due to illness. I want to know if my boss can remove me from my post, with the wording he does not cope with duties for health reasons? That is, is it possible for me to get a disability and not worry about my workplace? Thanks.

You don't have to worry if you, as an employee, are comfortable with leadership.

Lyubov Panina

urgent: under which article is it better to quit - of your own free will or by agreement of the parties? what is the difference?

The only difference is that if you dismiss by agreement of the parties, you will not be able to challenge the dismissal in the Court later. Personally, as a personnel officer, I am confused by the record of dismissal by agreement of the parties - usually this is how disagreeable or scandalous people are dismissed.

Vladimir Goldobenkov

the amount of non-pecuniary damage. A man was hit by a bus, he spent two months in the hospital, then walked with a plaster cast on his leg for three months, as a result he received a disability, he will not be able to work anymore, please tell me how much moral damage can be presented and whether he has the right to receive a pension from the car company that owns by bus

Lawyer's answer:

Antonina Fedotova

st181 labor law
- Lawyer's answer:
Evgeny Lev

Somova. Please help me solve the problem! very urgently needed = ((Somova, being an accountant of Delta LLC, was fired from work under clause 4 of article 81 of the Labor Code of the Russian Federation in connection with a change in the owner of the organization's property with the payment of compensation in the amount of two average monthly earnings... Trade union committee in writing objected to her dismissal. According to the new owner of the property, the title of Somova's position was due to staffing table Delta LLC. In fact, she performed the duties of the chief accountant. Are the actions of the administration of the company lawful? Should she take into account the opinion of the trade union committee?
- Wrong. Somova will probably sue her workplace back, unless REORAGNIZATION of the enterprise was carried out when the owner was changed.

Galina Komarova

I constantly work at the height of vacation 28 days, I wonder if I have any additional payments for additional vacation. I constantly work at the height of vacation 28 days, I wonder if I have any additional payments or additional payments. leave in connection with a hazardous activity (work). if so, what laws can you rely on ???

Lawyer's answer:

Margarita Davydova

Does the disabled person have a 3-year-old rate of PAID EXTRA VACATION?
- Lawyer's answer:
  Dear Leonid! Additional leave for the fact that you are disabled is not provided for by the Labor Code. But according to the law of the Russian Federation "On social protection of disabled people" you are entitled to the main extended leave - 30 calendar days... I also advise you to familiarize yourself with the collective agreement of your enterprise, maybe something else is provided.

Alexandra Efimova

Dismissal due to the onset of disability .. On September 20, documents were registered with the ITU on the establishment of disability, on September 22, an ITU certificate of disability of the 2nd group was issued. The employee did not have time to quit, went to the hospital for another treatment (blood cancer - regular chemotherapy courses throughout the year), was again given sick leave from September 29 to November 7, from November 17 - the next course of treatment. A certificate from the ITU, a sick leave - all documents are in the hands of the employee, that is, there is no documentary evidence of disability in the OK. How will the employee be dismissed, and will the sick leave be paid from September 29 to November 7?

Lawyer's answer:
Disabled workers are under the special protection of the state. According to Art. 224 of the Labor Code of the Russian Federation, the employer is obliged to create working conditions for disabled people in accordance with the individual rehabilitation program. In cases provided for by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, the employer is obliged to comply with the restrictions established for disabled workers on their involvement in the performance of heavy work, work with harmful and (or) dangerous working conditions, to work at night, as well as to overtime work; carry out the transfer of workers who need for health reasons in providing them with more easy work, for another job in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, with appropriate payment, establish rest breaks included in work time; create working conditions for disabled people in accordance with an individual rehabilitation program; carry out other activities. The work of disabled people (regardless of the disability group) is organized in accordance with Articles 92, 94, 96, 99, 113, 128, 224 of the Labor Code of the Russian Federation, Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people in the Russian Federation" and Sanitary regulations SP 2.2.9.2510-09 " Hygiene requirements to the working conditions of disabled people ", approved by the Resolution of the Chief Sanitary Doctor of the Russian Federation dated 05/18/2009, No. 30. Only if the ITU recognizes the employee as completely incapable of labor activity an employment contract with him may be terminated in accordance with clause 5 of h. 1 of Art. 83 of the Labor Code of the Russian Federation. No other documents, except for the conclusion of the institution of medical and social examination on the recognition of the employee as completely incapable of work, can serve as a basis for terminating the employment contract with the employee under paragraph 5 of part 1 of Art. 83 of the Labor Code of the Russian Federation.

Maxim Nosyrev

I want to go on vacation. Does the employer have the right to provide an annual vacation after 1 year and 5 months? And can I choose a month of vacation if there is an imperfect one. children?

Lawyer's answer:
with children under 14 years of age - you have the preferential right to choose when, but if the employer does not have such an opportunity (to let you go exactly when you need to) may not give, but move or break into parts. For example, if your vacation threatens the suspension of the business or damage .... If there is also a mother for the children and they do not provide her, then let a certificate of her leave be given to you for submission to your enterprise ...

Lydia Efimova

Labor law issue. In connection with the change in the owner of the organization's property, the new interlocutor dismissed Ch. accountant, deputy director for general affairs, head production department, ch. engineer, accountant wages, head of the personnel department without warning and without payment of severance pay under Art. 81 of the Labor Code of the Russian Federation. Is the dismissal of these persons legal? Are there any guarantees in case of termination of the employment contract of employees in connection with a change of ownership?

Lawyer's answer:
The rights of all employees have been violated. 1. After the expiration of a three-month period, from the date of the appearance of property rights, the new owner has the right to terminate the employment relationship with Ch. accountant and deputy director for general issues (Article 75 of the Labor Code of the Russian Federation). By virtue of Art. 181 of the Labor Code of the Russian Federation upon termination of an employment contract with Ch. accountant and deputy director for paragraph 4 of part 1 of Art. 81 of the Labor Code of the Russian Federation, the new owner is obliged to pay them compensation in the amount of at least 3 average monthly earnings. 2. With the head of the production department, ch. as an engineer, payroll accountant, head of the personnel department, labor relations continue (Article 75 of the Labor Code of the Russian Federation). New employer has the right, in accordance with the procedure established by law, to carry out measures to reduce the number or staff of employees by warning about this 2 months in advance. Upon dismissal under clause 2, h. 1, Art. 81 of the Labor Code of the Russian Federation, severance pay is paid in the amount of the average monthly earnings, and the average monthly earnings for the period of employment are also preserved, but not more than two months from the date of dismissal (Article 178 of the Labor Code of the Russian Federation).

Alexey Simbirtsev

Do working conditions affect wages?

If according to the Labor Code of the Russian Federation and others regulations, then: 1) Normal working hours cannot exceed 40 hours per week. However, by virtue of Art. 92 of the Labor Code of the Russian Federation to workers engaged in work with HARMFUL and (or) DANGEROUS conditions ...

Ksenia Markova

the employee provided a certificate of disability

And what ... did you fall into a coma?

Vasily Vasilchikov

Dismissal of the head 25 days before the end of the term of his labor contract. director. ... We fire the gene. director 25 days before the expiration of his employment contract. ... for how many months is he entitled to compensation for dismissal?

Lawyer's answer:
Do you mean compensation for unused vacation? During the period during which he did not take a vacation. Calendar days of compensation for unused vacation = months for which vacation was not taken x 2.33 (28:12), as well as for all employees, if there are no other conditions in the Employment Contract. And if dismissal due to change of owners Article 181. In case of termination of the employment contract with the head of the organization, his deputies and the chief accountant in connection with the change of ownership of the property of the organization, the new owner is obliged to pay compensation to these employees in the amount of not less than THREE average monthly wages of the employee. But he himself decided to quit, look at his contract again.

Pavel Makkaveev

Normative acts in the field personnel service? I never found it in the net ... need 7 pieces.

First of all, employees responsible for office work for personnel must know the Labor Code of the Russian Federation.On the basis of the articles of the Labor Code of the Russian Federation, the enterprise establishes a unified procedure for processing documents of the personnel service ...

Daniel Magdalinsky

The company is a self-supporting question !!!. What happens when a state enterprise (Subsidiary unitary enterprise), which is on a self-employed organization, is transferred to a budgetary enterprise? What articles govern this issue? And what are the rights of workers after the transition? Does the director have the right to fire all employees?

Lawyer's answer:
Your question is not entirely clear, apparently, we are talking about the transformation of a state unitary enterprise into state-financed organization... If so, then you have nothing to worry about - reorganization is not a ground for termination labor contracts on the initiative of the employer (with the exception of the head of the organization, his deputies and chief accountant), this issue is regulated by Article 75 of the Labor Code of the Russian Federation (and partly by Article 181): Article 75. Labor relations when the owner of the organization's property is changed, the organization's jurisdiction is changed, its reorganization When the owner of the property is changed of the organization, the new owner, no later than three months from the date of his ownership rights, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant. Change of the owner of the organization's property is not a basis for termination of employment contracts with other employees of the organization. continuation of work in connection with a change in the owner of the organization's property, the employment contract is terminated in accordance with paragraph 6 of Article 77 of this Code. state registration transfer of ownership. A change in the jurisdiction (subordination) of an organization or its reorganization (merger, acquisition, division, separation, transformation) cannot be grounds for termination of employment contracts with employees of the organization. (Part five as amended by Federal Law of 30.06.2006 N 90 -FZ) If the employee refuses to continue work in the cases provided for in part five of this article, the employment contract is terminated in accordance with paragraph 6 of Article 77 of this Code. Article 181. Guarantees to the head of the organization, his deputies and the chief accountant upon termination of the employment contract change of the owner of the organization's property (as amended by the Federal Law of June 30, 2006 N 90-FZ) below three average months wages of the employee. (as amended by Federal Law of 30.06.2006 N 90-FZ)

Zoya Dmitrieva

can a woman work as a cleaner with a 2 disability group ????

Lawyer's answer:
If her health condition allows her, then she can. Moreover, when applying for a job, a disabled person may not report their status. According to article 65 of the Labor Code of the Russian Federation, when concluding an employment contract, a person entering a job presents to the employer: a passport or other identity document; work book, except for cases when an employment contract is concluded for the first time or an employee starts working on a part-time basis; insurance certificate of state pension insurance; the documents military registration- for those liable for military service and persons subject to conscription; a document on education, qualifications or special knowledge - when applying for a job that requires special knowledge or special training... It is prohibited to demand from a person applying for work documents other than those provided for by this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation. Thus, a person applying for a job is not obliged to inform the employer that he or she has a disability. However, disability is a social concept and it is established precisely in order for society to take into account the characteristics of a person with disabilities, including in the course of his work. Article 23 of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" establishes standards governing the working conditions of disabled people. According to this article: Persons with disabilities employed in organizations, regardless of organizational and legal forms and forms of ownership, are created the necessary conditions labor in accordance with the individual rehabilitation program for a disabled person. It is not allowed to establish in collective or individual labor contracts working conditions for disabled people (wages, working hours and rest time, duration of annual and additional paid vacations, etc.) that worsen the situation of disabled people in comparison with other employees. For disabled people of I and II groups, a reduced duration of working hours is established no more than 35 hours per week, while maintaining full remuneration. Involvement of disabled persons in overtime work, work on weekends and at night is allowed only with their consent and provided that such work is not prohibited for them for health reasons. Disabled persons are provided annual leave at least 30 calendar days. Thus, if a person applying for a job decides that he does not want to inform the employer that he has a disability, then, accordingly, his working conditions will be regulated by the norms of the Labor Code of the Russian Federation applicable to workers without disabilities. If a person applying for a job decided to provide information to the employer about his disability, then the employer must provide copies of the ITU certificate confirming the fact that the disability was established, and the individual rehabilitation program with the presentation of originals. Implementation of the recommendations of the IPR regarding working conditions is the responsibility of the employer. Accordingly, when establishing working conditions for such an employee, the norms of Article 23 of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" are applied, establishing more soft conditions labor.

Oksana Semenova

Please tell me a question about people with disabilities .. I have a friend with a disabled person of the 3rd group. By law, she is supposed to be 2 extra days for vacation, but the company does not give 28 vacation days, but 30 to all employees. Is my friend entitled to 32 days?

Marina Markova

Annual basic paid leave. Greetings. The question is. I got a job on March 5, 2012 as a 5th year student. He worked half-time. In June he went on vacation of his own free will from June 13 to August 31. Since September, I have reached the full and here today they said that I must definitely take off the prescribed annual basic paid vacation in January-February 2013. I don't want to. Can I opt out? They tell me that I have no right to refuse vacation. Explain with links to articles (I read - I do not find what I need), Thank you

Lawyer's answer:
Paid leave must be granted to the employee annually. (Article 123 of the Labor Code of the Russian Federation) Your working year is from 03/05/2012 to 05/12/2013 and until the end of this working year, the employer must send you on vacation, whether you like it or not. Leave is provided not at the request of the employee, but according to the approved schedule. If in the schedule the employer has determined the vacation time for you in January-February 2013, then you have no right to refuse. The schedule is mandatory for both the employee and the employer. In Art. 177 of the Labor Code of the Russian Federation does not say that those who combine work with training can go on vacation when they want, it says: "K additional holidays provided by Articles 173 - 176 of this Code, by AGREEMENT between the employer and the employee, annual paid holidays may be added. ". An agreement is when both parties agree, and not when one wants to. Article 124 of the Labor Code of the Russian Federation must be read in full, and not the part that you like. Where it says that an employee may not go on vacation if It stipulates certain situations when the vacation can be extended or postponed, but even for these reasons it is impossible not to provide vacation for more than 2 years in a row.

- Art. 73 of the Labor Code of the Russian Federation of an employee who needs to be transferred to another job in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health. If, in accordance with the medical opinion, the employee needs a permanent transfer to another job or temporary transfer for a period of more than 4 months, then if he refuses to transfer or if the employer does not have the appropriate work, the employment contract is terminated on the basis of clause 8, part 1 of Art. 77 of the Labor Code of the Russian Federation. Having received a document stating that the employee for health reasons cannot do his previous job, the employer must take the necessary measures to remove the employee from the specified work and offer him all available vacancies (Article 73, paragraph 5 part 1 of Article 76, Part . 2 article 212 of the Labor Code of the Russian Federation, article 278 of the Labor Code of the Russian Federation. "The first step in the dismissal of the head of the organization is the decision general meeting participants or owner of property, which is drawn up by the appropriate protocol. The board of directors can also decide on the dismissal of the head of the company, but only if such authority is directly granted to him by the constituent documents.

Tatiana Tarasova

The enterprise where I worked is being reorganized. I am on parental leave up to 1.5 years old. I accidentally found out that the company I worked for and where I am now in maternity leave OJSC was reorganized and now it will be CJSC. Moreover, all this will start from 01.10.10, that is, tomorrow. How is it dangerous for me? Can I lose benefits and my job? And where to go?

Art. 223 of the Civil Code of the Russian Federation (as a person who in good faith bought the building from the merchant Kosolapov) and Art. 219 of the Civil Code of the Russian Federation (as a person who at his own expense restored the building after a fire in 1864). In addition, the court, at the request of the plaintiff, indicated that the property right, interrupted by nationalization in 1918, was restored by the court in connection with the invalidation of the normative act on the nationalization of the disputed property (Decree of the SNK RSFSR of January 23, 1918 "On the separation of the church from the state and school from the church "), which was the only basis for the termination of the ownership of the church. However, the court of cassation reasonably noted that “the fundamental conclusion of the court that with the loss of force of a legislative act the right should be restored does not comply with the current legislation. . 234 of the Civil Code of the Russian Federation on good faith, but not to the rights of former owners of property subject to restoration. " The claim was denied. As can be seen from this case, the court of first instance extended the effect of the new law (Civil Code of the Russian Federation) to legal property relations, which began and ended before its entry into force in accordance with the legislation in force at that time. If the Russian legislator extended the effect of the Civil Code of the Russian Federation to the already terminated property relations, then one should speak not about the reverse effect of the new norms, but about the restoration of old legal relations in accordance with the new legislation. The legislator's decision to extend the new rules to relations, legal implications which have already begun, of course, would complicate the economic turnover, like any other decision to restore already terminated civil relations. Thus, Federal Law No. 109-FZ of July 21, 2005 "On Amendments to Article 181 of Part One of the Civil Code of the Russian Federation" reduced the limitation period for filing claims on the application of consequences void transaction from ten to three years. Clause 2 of Art. 2 of this Law reads: "The statute of limitations established by Article 181 of the Civil Code of the Russian Federation (as amended by this Federal Law) on the claim for the application of the consequences of the invalidity of a void transaction shall also apply to the requirements previously established The Civil Code Of the Russian Federation, the term for presentation of which has not expired before the date of entry into force of this Federal Law. "Giving a new norm retroactively means that it is applied as if it had acted at the time of the emergence of the right to claim (at the time when the execution of a void transaction began) ...

Valentina Antonova

I worked in a kindergarten for 4 years (not in my specialty). Now for the first time in my specialty - a teacher Am I considered a young specialist

Lawyer's answer:
Dear Irina! In the current Federal legislation ( Labor Code RF, hereinafter referred to as the Labor Code, Federal laws adopted on regulatory issues labor relations) does not contain such a concept as “young specialist”. However, the concepts "young specialist", "young worker" are used in various regulatory legal acts regulating labor and other directly related relations with the participation of young specialists. These concepts can be found both in the titles of legal acts and in the text. At the same time, there is still no unified criterion for classifying a specific category of workers as young specialists. C) the term is used "A person who graduated from an educational institution of primary, secondary and higher vocational education with state accreditation and applying for a job for the first time in the acquired specialty within one year from the date of graduation educational institution". The current labor legislation there are general and special guarantees provided to employees, including young specialists. Guarantees are understood as means, methods and conditions by which the implementation of the rights granted to him in the field of social and labor relations is ensured by the employee. The general guarantees in accordance with Article 165 of the Labor Code include those that are provided when hiring, when transferring to another job, for wages. Special guarantees include guarantees provided in the following cases: - when sent to business trips(Articles 167, 168, 168.1 of the Labor Code); - when moving to work in another locality (Article 169 of the Labor Code); - in the performance of state or public duties (Chapter 25 of the Labor Code); - when combining work with training (Chapter 26 of the TC); - in case of forced termination of work through no fault of the employee (Article 234 of the Labor Code); - upon granting annual paid leave; - in some cases of termination of an employment contract (Articles 178, 180, 181 of the Labor Code); - due to the delay due to the fault of the employer in issuing work book upon dismissal of an employee (Article 234 of the Labor Code).] Additional guarantees to young specialists are provided in accordance with the concluded industry agreements, collective agreements adopted at the level of the organization by local regulations and are set taking into account the financial capabilities of the employer. An example of a local normative act is the Regulation on a young specialist of JSC Russian railways"approved on December 23, 2005. This provision was developed in accordance with the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation, regulatory documents JSC "Russian Railways", the collective agreement of JSC "Russian Railways", and is aimed at attracting young specialists to work, securing them in JSC "Russian Railways", expanding the social guarantees... This Regulation has defined: - status and responsibilities young specialist; - guarantees and compensations provided to a young specialist; - obligations of JSC Russian Railways in relation to the young specialist. - duties of a young specialist. Good luck to you and Happy New Year 2012!

The current version of Art. 181.1 of the Labor Code of the Russian Federation with comments and additions for 2018 by the Collective agreement, agreements, local regulations, labor contracts or decisions of the employer, authorized bodies legal entity, as well as the owner of the property of the organization or persons (bodies) authorized by the owners, the payment of severance pay, compensation and (or) the appointment of any other payments to them in any form in cases of dismissal of employees on grounds related to disciplinary action(part three of Article 192 of this Code), or termination of employment contracts with employees on the grounds established by this Code and other federal laws, if this is associated with the commission of guilty actions (inaction) by employees.

Labor Code of the Russian Federation 2018 - dismissal

Labor Code (TC RF) 2018

Attention

If this own wish employee, then regardless of the position held and the name of the organization, dismissal is possible at any time that the citizen himself considers suitable. At the same time, the employer cannot interfere in any way with the implementation of this preference.

Wherein, staff unit should get everything due payments specified in part 2 of paragraph 2 of Article 76 of the Labor Code. When implementing your own initiative, in certain cases, you will need to work for two weeks.

Regardless of the reasons, the citizen undertakes to notify his current employer of such a decision at least 2 weeks in advance.

Article 180 of the Labor Code of the Russian Federation: guarantees and compensation to employees in the event of liquidation of an organization

The Labor Code indicates the exact wording of such a refusal - professional unfitness. Here it should be borne in mind that the test should always be paid at the rate of 50% of the estimated salary, and also in terms of time it cannot exceed 2 months.

Info

Article 77 - General grounds for termination of an employment contract The Labor Code sets out the exact reasons why an agreement can be terminated. The list is exhaustive and no additions are allowed.

To calculate the average wage, all types of payments provided for by the wage system are taken into account, which are applied by the respective employer, regardless of the source of these payments. In any mode of work, the average wage of an employee is calculated based on the actual wages accrued to him and the time he actually worked for 12 calendar months preceding the period during which the employee retains the average wage.

In this case, a calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive). Average daily earnings for vacation pay and compensation for unused vacations calculated for the last 12 months.

by dividing the amount of accrued wages by 12 and by 29.4 (average monthly number of calendar days).

Art 181 nr ha with comments 2018 dismissal of employees

This provision applies to the following categories of employees: - managers, their deputies, chief accountants and members of collegial executive bodies public corporations, state companies, and business companies, more than fifty percent of shares (stakes) in authorized capital which is in state or municipal ownership; - heads, their deputies, chief accountants of state extra-budgetary funds of the Russian Federation, state or municipal institutions, state or municipal unitary enterprises... Consultations and comments of lawyers under article 181.1 of the Labor Code of the Russian Federation If you still have questions about article 181.1 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.
You can ask a question by phone or on the website.

Art 181 tk rf with comments 2017 dismissal of employees

An important point The manager, when proposing another position to the downsized employee, must explain what the person's responsibilities will be, and indicate the amount of remuneration. The employer applies to the employee with the appropriate offer both on the day of warning about the planned activities, and throughout the period of notification if vacancies appear in the company.
Failure to comply with this rule indicates the improper fulfillment of the employer's obligation to employ the downsized employee. Restrictions for an employee An employee, notified of upcoming personnel changes, cannot demand from the head of the organization to provide him with the opportunity to improve his qualifications, undergo vocational training / retraining, if the company has vacant positions that he could take after training.

In the corresponding section of the document, the following can be fixed:

measures to reduce working hours without reducing the number of employees;
compensation and benefits in excess of those provided by law;
the rules for organizing refresher courses, vocational training / retraining before the date of termination of the contract;
other measures to ensure social protection employees.

In cases of a short-term decline in production volumes, the employer can temporarily suspend the hiring of workers for vacant positions and other activities. Powers of government institutions Executive regional and municipal structures have the right to suspend for up to six months the implementation of employers' decisions on the release of a large number of employees.

Dismissal from the civil service In accordance with the described article, dismissal in this case can take place on three grounds:

The first is the employee's desire, which cannot be limited by any local and legislative acts.
The second is the employer's initiative - systematic absenteeism, loss of trust, repeated violation of discipline, professional unsuitability.
The last reason is insurmountable circumstances - for example, liquidation of a conditional organization, direct staff reduction, forced termination of the structure's activities.

Download the Federal Law "On Military Service" Article 71 - the result of the test when hiring The result of the test must be recorded in writing: the administration issues a departmental order, and the person is given a copy of the result. Actually, the result may be in hiring, or in refusal.

Average daily earnings for payment of vacations provided in working days, in cases provided for by the Labor Code, as well as for payment of compensation for unused vacations, is determined by dividing the amount of accrued wages by the number of working days in the 6-day calendar working week... The collective agreement, local normative act may provide for other periods for calculating the average wage, if this does not worsen the situation of employees.
The peculiarities of the procedure for calculating the average wage established by the commented article are determined by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations. Chapter 27 of the Labor Code of the Russian Federation Article 181 of the Labor Code of the Russian Federation ← Article 180 of the Labor Code of the Russian Federation. Guarantees and compensation to employees in case of liquidation of an organization, reduction of the number or staff of employees of the organization → Article 181.1 of the Labor Code of the Russian Federation.
If such documents do not apply to the enterprise or the criteria are not specified in them, the Regulation governing the organization of employment promotion activities should be applied. This act provides indicators of the number of released employees for a specific calendar period. Measures aimed at reducing the number of dismissed employees They should be provided for in the collective agreement.
This rule, however, does not apply to the liquidation of a workplace in connection with violations of labor protection rules. In this case, the employee has the right to pass professional retraining at the expense of the employer on the basis of Article 219 of the Labor Code.
Terms of notification They are referred to in part 2 of Art. 180 of the Labor Code of the Russian Federation. Each downsized (dismissed) employee must be notified personally in writing 2 months in advance. before the events. The employee certifies the acquaintance with his signature, indicating the date on which he was notified. The employee has the right to refuse to sign the notice. In this case, the employer is obliged to draw up an act. The term fixed by Part 2 of Art. 180 of the Labor Code of the Russian Federation, begins on the next day after the day the employee familiarizes himself with the notification. Requirements for the employer The head of the organization, notifying the employee about the upcoming personnel changes, is obliged to indicate the specific day of dismissal.

Article 178. Severance pay

Upon termination of an employment contract in connection with the liquidation of an organization (paragraph 1 of part one of Article 81 of this Code) or a reduction in the number or staff of employees of the organization (paragraph 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, as well as the 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 earnings are retained by the dismissed employee for the third month from the date of dismissal by the 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 him.

Severance pay in the amount of two weeks' average earnings is paid to an employee upon termination of an employment contract in connection with:

the employee's refusal to transfer to another job that is necessary for him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the appropriate job (clause 8 of part one of Article 77 of this Code);

conscription of an employee for military service or sending him to a substitute alternative civil service(paragraph 1 of the first part of Article 83 of this Code);

reinstatement at work of an employee who previously performed this work (paragraph 2 of the first part of Article 83 of this Code);

the employee's refusal to transfer to work in another locality together with the employer (clause 9 of part one of Article 77 of this Code);

recognition of an employee as completely incapable of labor activity in accordance with a medical certificate issued in the manner prescribed 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 continue working due to a change determined by the parties conditions of the employment contract (clause 7 of the first part of Article 77 of this Code).

An employment contract or a collective agreement may provide for other cases of payment of severance payments, as well as establish increased amounts of severance payments, with the exception of cases provided for by this Code.

Article 179. Preemptive right to remain at work in case of reduction in the number or staff of employees

When the number or staff of workers is reduced, the priority right to remain at work is given to workers with higher labor productivity and qualifications.

With equal labor productivity and qualifications, preference in leaving work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood); persons in whose family there are no other workers with independent earnings; employees who received a work injury or an occupational disease while working for this employer; disabled people of the Great Patriotic War and disabled combatants to defend the Fatherland; employees who improve their qualifications in the direction of the employer on the job.

The collective agreement may provide for other categories of workers who enjoy the preferential right to remain at work with equal labor productivity and qualifications.

Article 180. Guarantees and compensation to employees in case of liquidation of an organization, reduction of the number or staff of employees of the organization

When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job ( vacant post) in accordance with part three of Article 81 of this Code.

Employees are notified of the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, personally and against signature at least two months before the dismissal.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article by paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

In the event of the threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, collective bargaining agreements, and agreements.

Article 181. Guarantees to the head of the organization, his deputies and the chief accountant upon termination of the employment contract in connection with the change of the owner of the property of the organization

Article 181.1. Severance pay, compensation and other payments to employees in certain cases of termination of employment contracts

A collective agreement, agreements, local regulations, labor contracts or decisions of the employer, authorized bodies of a legal entity, as well as the owner of the organization's property or persons (bodies) authorized by the owners cannot provide for the payment of severance pay to employees, compensation and (or) the appointment of any or other payments in any form in cases of dismissal of employees on grounds that relate to disciplinary sanctions (part three of Article 192 of this Code), or termination of employment contracts with employees on the grounds established by this Code, other federal laws, if this is related to the commission of guilty by employees actions (inaction).

The full text of Art. 181 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 181 of the Labor Code of the Russian Federation.

Commentary on Article 181 of the Labor Code of the Russian Federation

The provisions of the commented article are related to the fact that, according to the change of the owner of the organization's property, the new owner has the right, no later than three months from the date of his ownership right, to terminate the employment contract with the head of the organization, his deputies and the chief accountant. In this case, a guarantee has been established for the dismissed employees, which the new owner of the organization is obliged to observe when terminating the employment contract on this basis. Employees belonging to these categories must be paid compensation in the amount of at least three average monthly wages.

However, the Labor Code of the Russian Federation establishes exceptions. So, for example, according to Art. 181.1 of the Labor Code of the Russian Federation, the payment of severance payments, compensations and (or) the appointment of any other payments to them in any form in cases of dismissal of employees on grounds that relate to disciplinary sanctions, or termination of employment contracts with employees in accordance with the established Labor Code of the Russian Federation, cannot be provided, other federal laws on the grounds, if it is related to the commission of guilty actions (inaction) by employees. In addition, some restrictions are established by Art. 349.3 of the Labor Code of the Russian Federation.

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