The procedure for the dismissal of employees on maternity leave during the liquidation of the organization. Is it possible to dismiss a maternity worker in connection with the liquidation of an enterprise? Dismissal of maternity leave during the liquidation of IP

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It is still possible to dismiss a woman on maternity leave in connection with the liquidation of an enterprise, although the law especially protects the rights of women who are expecting a baby and those who are raising children under 3 years old. These are quite rare cases of termination of employment contracts, but they still happen.

The term "decree" refers to the distant 1917, when the Council of People's Commissars adopted a legislative act (and they were then called decrees) regulating the payment of certain amounts to expectant mothers. In modern laws, this term is absent, but when they say about a woman that she is on maternity leave, they mean the following:

leave granted to a working lady in connection with the birth of a child (it is mentioned in article 255 of the Labor Code);
leave that is provided to the employee for the subsequent care of the baby (Article TK - 256).

The first can only be used by women who are expecting a baby, and the second can be used by any person who will take care of a small person, for example, a father or grandmother.

The dismissal of employees who are granted any of these types of leave is prohibited if this initiative comes from the employer. But not always. When closing a business, the law obliges the company to terminate all contracts entered into with employees. This also applies to those contracts under which persons who are currently on maternity leave are employed.

The Supreme Court upholds the possibility of dismissing such employees in its 2008 ruling. The filed claim for the restoration of the maternity leave in her previous position will be rejected, since the enterprise has ceased operations. The Supreme Court of the Russian Federation also points out that in the event of liquidation, all obligations of the company are terminated without passing to the successor.

Liquidation of the company as a basis for the reduction of an employee who is on maternity leave

According to the Civil Code of the Russian Federation, a company can be liquidated on the basis of a decision of the persons who founded this enterprise, or an executive body, as well as in accordance with a decision of the courts. The court may prohibit the company from continuing its activities based on the requirements of state authorities due to illegal registration, in the absence of permits to conduct this type of activity, and for other reasons. The founder, seeing that the organization has not achieved its goals, may also demand to close it.

But if the court declares the company bankrupt, this does not mean the mandatory liquidation of the enterprise. It is quite possible that a decision will be made aimed at improving the financial condition of the company. Accordingly, the reduction of employees due to the cessation of the company's activities will be premature, especially the dismissal of the mother on maternity leave. Any court recognizes these actions of the employer as illegal.

In 2014, Rostrud received a letter from the Supreme Court stating that the reduction of employees due to the liquidation of the company can only be carried out if there is an act issued by the arbitration court, which confirms that the company is terminating its activities and being liquidated.

Dismissal of an employee on maternity leave

The dismissal of a maternity leave during the liquidation of an enterprise should be carried out according to the following algorithm:

it is necessary to inform the trade union body and coordinate with it all the moments of the upcoming dismissal in order to avoid violating the rights and interests of team members at least 3 months in advance;
about the upcoming reduction, the cause of which is the liquidation of the organization, it is necessary to notify the employment service 2 months (in some cases 3) before the date of termination of the contracts;
2 months in advance, employees, including those on maternity leave, are warned about the upcoming dismissal;
at the liquidated enterprise, an order should be issued stating that employees are leaving due to the termination of the company's activities;
registration of work books is made with the relevant records of dismissal;
a full calculation of employees is carried out, the issuance of work books and other necessary certificates on the last working day.

It is difficult to give a redundancy notice to employees who are absent from the workplace, as they are on maternity leave. If this cannot be done personally, then it should be sent by registered mail with acknowledgment of receipt. And it is difficult to familiarize such employees with the order, so it is necessary to draw up an appropriate act.

The law obliges the employer to pay maternity leave the following amounts as a final payment:

allowance, which is provided for all working women who have gone on maternity leave;
allowance due to all those who care for the baby;
severance pay and other payments that all dismissed employees receive;
compensation payments for all vacation days that could not be used before the date of reduction;
additional compensation payments, if such are provided by the company.

Compensation payments to employees on maternity and parental leave

The dismissal of a pregnant woman during the liquidation of an organization is accompanied by the payment of a statutory allowance accrued for the entire maternity leave. This amount is always paid by the company. If the sick leave is provided to the employer before the maternity leave is dismissed, then it is impossible to refuse payment to her. If the employee is already receiving childcare benefits before the moment of dismissal, then the employer stops paying it the day before the dismissal.

The employer is obliged to pay the amount calculated according to the number of days from the beginning of the month. But the employee should not worry about subsequent payments - she will not lose anything. However, only from that moment on, it will not be the employer that will pay her, but the FSS authorities. A woman should only take from her employer a copy of the order stating that she was granted parental leave and a certificate of compensation payments in connection with the birth of a child. Based on these documents, the FSS will begin to pay the amounts prescribed by law.

Any employee who leaves due to the closure of the enterprise can rely on certain amounts paid by the employer. These are the severance pay, the 2nd month's pay after the date of termination, and the 3rd month's pay. The latter is based on a certificate from the employment center. To obtain it, you must contact this service and register there. A dismissed employee on maternity leave can also count on the same payments. And even the fact that she has already received the allowance, which is due to all pregnant women by law, does not play any role in this.

The closure of the enterprise also involves the payment of vacation days, which the dismissed person did not have time to use. This payment is due to all employees, including maternity workers. Compensation is calculated from the amount that was accrued to the employee for the 12 months preceding the date of reduction.

But it often happens that a woman has been on leave to care for a small child for more than a year. She will be compensated from the average salary for 12 months before the start of the parental leave, that is, when the employee worked and received a salary. At the same time, maternity leave is not included in the period taken for calculation.

The calculation also takes into account the possible indexation of wages. For example, an employee's salary before care leave was 20,000 rubles. But a year later, the company indexed it to 25,000 rubles. The indexation coefficient was 1.25. Here, taking into account it, compensation for unused regular vacation should be calculated.

Dismissal of a maternity worker working in a branch of an enterprise that is being liquidated

If not the entire enterprise is liquidated, but only a branch (structural unit) located in another locality, then the staff is subject to dismissal on the same conditions as when closing the company as a whole. Termination of labor contracts with maternity workers becomes an exception to the stipulated rules, since the Labor Code of the Russian Federation allows the dismissal of such employees only when the organization is completely closed.

In such cases, judicial practice relies on the clarifications of the Supreme Court, which state that branches, although they do not have full independence, still their management has the right to hire and fire employees on their own.

Branch managers act in accordance with Article 81 of the Labor Code of the Russian Federation, which does not oblige them to take care of the subsequent employment of the dismissed. But still, each case associated with the reduction of women expecting a baby or caring for small children is considered separately, on an individual working basis.

It is not sad, but the reduction in staff due to the liquidation of the company also affects those employees who are especially protected by the law, that is, women on maternity leave. There is only one consolation: the employer is obliged to pay them everything that Russian legislation provides. But even here there are exceptional cases: the bankruptcy of the company and the lack of funds to pay the staff.

Aug 17, 2017 zakonadminnin

No one is insured against dismissal, even, it would seem, one of the most protected categories of employees - pregnant women and women with children under three years old. But in the case of the liquidation of the organization, maternity workers also come under attack. This is an exceptional case of termination of the contract, providing for all payments required by law.

Briefly about maternity leave

Maternity leave implies two legal periods during which the maternity leave from performing work duties:

the first is associated with the birth of a child;
the second - with the care of him.

Moreover, only women who are expecting a child can resort to the first, and any individual who will take care of the newborn can resort to the second. This is regulated by Art. 255, 256 of the Labor Code.

What you need to know about the reduction of maternity leave during the liquidation of the company

When an enterprise is liquidated, maternity workers are subject to dismissal, just like other employees. Despite the fact that liquidation can be carried out both at the initiative of the owner of the company, and by order of the judiciary, the reduction procedure remains unchanged.

The company can be liquidated only after notifying the trade union organizations that protect the interests of workers.

Even if not the entire head structure is subject to liquidation, but only its subdivision, the personnel calculation takes place according to the same rules. And although, according to labor legislation, maternity workers can be fired only in connection with the liquidation of the entire organization, practice shows that, despite the fact that branches do not have full independence, they have the right to reduce employees during their liquidation. This is contained in the explanations of the Supreme Court.

Need to know! Despite the fact that upon liquidation, the company is obliged to pay maternity leave in full, this may not happen if the company is declared bankrupt.

The procedure for the dismissal of maternity leave during the liquidation of the organization

When an organization is liquidated, pregnant women are fired in the following order:

At least three months before the upcoming event, the trade union bodies must be notified and negotiations should be held with them in order to respect the interests and rights of their members.
Two or three months before the upcoming dismissal of maternity workers, the employment service should be notified. At the same time, she needs to provide information such as length of service, position, qualifications, salary of the dismissed employee.
At least two months before the maternity leave must be familiarized with the relevant order with affixing a signature in it.
Important! If it is impossible to familiarize the woman on maternity leave with the order of dismissal in connection with the liquidation of the company, an act of absence due to disability is drawn up. The same applies to the notice of dismissal: if the employee cannot see it personally, it should be sent by registered mail with notice.
Information about dismissal during liquidation must be entered in the maternity work book.
On the last day of dismissal, a settlement should be made with the maternity leave with the issuance of a certificate of income and all the necessary documentary base for the appointment of further payments for child care.

The algorithm for dismissing a woman on maternity leave during the liquidation of an organization is regulated by paragraph 1 of part 1 of Art. 81 of the Labor Code.

Attention! The mother on maternity leave can terminate the employment contract on her own initiative, without waiting for the liquidation of the company. In this case, she has the right to request another compensatory remuneration, equal in monetary terms to the wages from the moment of dismissal until the final liquidation.

What benefits does a maternity worker receive in connection with the liquidation of an organization?

When an organization is liquidated, a pregnant woman or a woman on maternity leave can count on the following monetary rewards:

Full payroll for the period during which the maternity worker worked in the organization.
In the case of unused vacation days - replacing each of them with a cash equivalent.
All accruals reflected in the contracts approved by the organization.
Allowance for temporary loss of performance of labor functions.
In the case of child care - appropriate allowance.

Features of the payment of benefits to a pregnant woman in the event of liquidation of an enterprise

If the maternity leaver sent the hospital maternity bulletin form to the director of the company before her dismissal, then the employer must assign her the appropriate payments.

Payments for the maintenance of the child by the employer on the day of dismissal of the employee are terminated. In this case, transfers must be made for all days before the date of dismissal. Maternity leave during the liquidation of the enterprise in the future continues to pay the FSS.

Even if the maternity leave is on leave during the liquidation of the organization, she, on the same rights as all employees, has the right to a severance subsidy in the amount of earnings for two months.

Compensation for maternity leave for unused vacation during the liquidation of the organization

Compensation for unrealized vacation upon liquidation of the company is made on the basis of the average value of earnings for the last twelve months preceding the billing period. Maternity leave itself is excluded from this period (clauses 4, 5 of Regulation No. 922 of 12/24/2007).

If a woman on maternity leave spends more than a calendar year on vacation, the period preceding the start of parental leave, during which the woman worked, is taken into account for calculating compensation.

Important! When calculating compensation, it is important to take into account the eventual indexing of the salary of a maternity worker, provided for in clause 16 of Regulation No. 922.

What else you need to know on maternity leave in connection with the liquidation of the organization

The maternity leave has every reason for the following benefits upon liquidation of the enterprise:

she may be discharged later than the others;
if the liquidation takes place on the terms of reorganization or merger, then the maternity leaver can choose an alternative vacancy.

Conclusion

The liquidation of an enterprise is a complex and lengthy undertaking associated with various legal norms. The dismissal of employees is one of such important moments. Especially when it comes to maternity workers on staff, whose dismissal is associated with taking into account many nuances. And it is better to know in advance about these nuances and observe them so as not to harm either your reputation or maternity leave.

Vasily Raudin on maternity payments in case of bankruptcy of an enterprise

Is it legal to fire a woman with a child under 1.5 years old?
Alya

Alas, but legally (colleagues cited the norms of the law earlier)

How is the dismissal process going?
Alya

YOU must be notified of the liquidation in writing, giving at least 2 months' notice

Did you receive this notification?

Labor Code of the Russian Federation, Article 180. Guarantees and compensations to employees in the event of liquidation of an organization, reduction in the number or staff of employees
About the upcoming dismissal in connection with the liquidation of the organization, reduction in the number or staff of employees of the organization, employees are warned by the employer personally and against signature at least two months before the dismissal.

What compensations and payments are provided?
Alya

They are obliged to pay an allowance in the amount of a monthly salary, and so on an allowance for the next 2 months (provided that you do not find a job), which, accordingly, will not happen in your case.

Article 178 of the Labor Code of the Russian Federation. Severance pay
Upon termination of the employment contract in connection with the liquidation of the organization(clause 1 of part one of Article 81 of this Code) or by reducing the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid a severance pay in the amount of the average monthly earnings, and also retains 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 salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the public employment service agency, provided that the employee applied to this agency within two weeks after dismissal and was not employed by him.

You are also required to pay compensation for unused vacation if you did not go on annual leave before going on parental leave.

Also, until the child reaches the age of 1.5, you will receive child care benefits but from the social security authorities.

Order of the Ministry of Health and Social Development of Russia dated December 23, 2009 N 1012n (as amended on July 22, 2014) “On approval of the Procedure and conditions for the appointment and payment of state benefits to citizens with children”
57. The basis for the appointment and payment of a monthly allowance for child care is:
V) for persons from among those dismissed in connection with the liquidation of organizations, termination by individuals of activities as individual entrepreneurs, termination of powers by notaries engaged in private practice, and termination of the status of a lawyer, as well as in connection with the termination of activities by other individuals whose professional activities in accordance with federal laws are subject to state registration and (or) licensing, specified in subparagraphs "c" and "d" of paragraph 39 of this Procedure, the persons indicated in subparagraphs "e" and "f" of paragraph 39 of this Procedure - the decision of the social protection authority at the place of residence.
58. The decision on the appointment of a monthly allowance for child care is made within 10 days from the date of receipt (registration) of the application for granting the allowance with all the necessary documents.
59. Monthly child care allowance is paid:
a) to the persons specified in subparagraph "a" of paragraph 39 of this Procedure - at the expense of the Social Insurance Fund of the Russian Federation;
c) persons from among those dismissed in connection with the liquidation of organizations, the termination by individuals of activities as individual entrepreneurs, the termination of powers of notaries engaged in private practice, and the termination of the status of a lawyer, as well as in connection with the termination of activities of other individuals whose professional activities in accordance with with federal laws is subject to state registration and (or) licensing specified in subparagraphs "c" and "d" of paragraph 39 of this Procedure, as well as to persons specified in subparagraphs "e" and "f" of paragraph 39 of this Procedure - at the expense of federal funds budget provided in the form of subventions to the budgets of the subjects of the Russian Federation.

Reduction of staff is an inevitable procedure in the liquidation of the organization. All employees, including pregnant women, are subject to dismissal. In accordance with the Labor Code of the Russian Federation, the latter may qualify for a number of privileges. What are the features of the dismissal of maternity workers during the liquidation of an enterprise?

Women's rights

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The current legislation contains a system of norms that ensure the protection of the rights and interests of women. All participants in labor relations, including the employer, must be guided by established standards.

Ignoring the norms is an offense of the Labor Code, which entails responsibility on the part of the violator.

Thus, among the norms that protect the interests of pregnant women, the following should be highlighted:

Article 41 of the Labor Code of the Russian Federation regulates the rights of women and children in relation to labor relations.
Article 253 of the Labor Code of the Russian Federation includes norms that restrict the labor activity of women at the time of pregnancy and caring for a child under 1.5 years old.
Articles 255-258 of the Labor Code of the Russian Federation determine the procedure for the leave of women on maternity leave.
Articles 259 - 261 of the Labor Code of the Russian Federation contain guarantees for this category of employees regarding the release from work overtime, on weekends and holidays.

Working conditions

The Labor Code of the Russian Federation clearly defines the working conditions for women and the list of job duties on which their work should be limited. Moreover, Article 41 of the Labor Code of the Russian Federation contains a number of benefits that should be applied to a pregnant employee.

During pregnancy, the girl has the right to demand a transfer to work, excluding the harmful effects of the working environment. The recommended list of works should be indicated in the medical report.

Generally accepted norms also contain provisions on what actions of the employer are prohibited in relation to a woman bearing a child.

Among them are the following:

exploitation of the labor of a pregnant woman at overtime work;
direction for night or shift work, business trips;
recall from maternity leave;
replacement of the allotted vacation with material compensation;
termination of the employment contract at the initiative of the employer, except in cases of liquidation of the organization.

The procedure for the dismissal of a maternity leave during the liquidation of an enterprise

When terminating an employment contract at the initiative of the employer, the Labor Code of the Russian Federation mainly protects the rights of pregnant employees. Whose side is the law in the liquidation of the enterprise?

The employer has the right to dismiss a maternity worker on a general basis, but at the same time, the procedure is accompanied by subtleties that will allow a woman to protect her interests.

Can they get fired

The liquidation of an organization involves the complete cessation of the activity of a business entity. The dismissal of an employee who is on maternity leave during the liquidation of the organization occurs on the general basis provided for by the Labor Code of the Russian Federation.

The current legislation in every possible way protects the rights of pregnant women. For this reason, women on maternity leave have several privileges when liquidating an enterprise, unlike other employees.

Among them are the following:

When a company is liquidated, a pregnant woman may be fired later than other employees.
In cases where the liquidation is implemented through the reorganization or merger of the company, the employer must offer the maternity leave an alternative job.
A pregnant employee has the right to claim additional payments: a one-time or monthly child allowance.

Employee Notification

When liquidating an enterprise, the employer is obliged to follow the procedure established by the Labor Code of the Russian Federation.

In accordance with generally accepted norms, the head of the organization is obliged to inform employees of the dismissal at least two months before the liquidation. must be provided to each employee against signature.

Notification of the upcoming dismissal must be received by all employees, even those who are on vacation, on sick leave or on maternity leave.

The exceptions are seasonal workers and persons who have entered into labor agreements for up to two months. In the first case, the notice must be received no later than seven days before the dismissal, and in the second no later than three days.

Note. The head has the right to prematurely terminate the employment relationship with a pregnant woman. The basis for registration of the procedure is the written consent of the employee.

In the event that the employee refuses to sign the notice, the manager is advised to contact the post office and send the form by registered mail to the employee's home address. Such measures will help to avoid litigation.

Payments and compensation

The Labor Code of the Russian Federation clearly regulates the payments allotted for women in the decree during the liquidation of the company.

Among them, the following should be highlighted:

severance pay in the amount of monthly salary;
financial compensation for unused vacation;
salary for the two-month period before the dissolution of the organization;
child care allowance;
additional payment.

In accordance with the order of the employment service, in addition to paying severance pay for two months, a woman in position has the right to receive money for the third month in cases where the maternity leave has not found a new job within two weeks from the date of dismissal.

Note. To receive benefits for the third month, the employee is recommended to contact the Employment Center two weeks before the expected date of reduction.

Paperwork

The Labor Code of the Russian Federation clearly regulates the procedure for terminating an employment contract upon liquidation of an enterprise. The procedure for registering the dismissal of a pregnant woman is similar to the termination of employment relations with other categories of employees.

The employer must issue an internal dismissal order, handing over the form of the document to each employee against signature.

The document must contain the following fundamentally important information:

date of the upcoming dismissal;
the reason for the termination of the employment relationship;
link to financial compensation.

Note. After issuing the order, the personnel service of the organization must make the appropriate entries in the work book and in the personal file of each of the employees.

Before dismissal, a pregnant woman, on the basis of an application, has the right to request the following package of documents from her manager:

form help;
salary certificate;

Note. To apply for temporary disability benefits in connection with childbirth and childcare, a citizen needs to obtain an additional certificate with the calculation of wages.

photocopies of internal orders on the appointment and dismissal of an employee;
payslip for the period of work, including the day of termination of the employment agreement.

Enrollment in labor

As with other types of dismissal, upon liquidation of an organization, the employer is obliged to make appropriate entries in the work book of employees. The document must be issued to the employee after the entry into force of the order on dismissal and payment of wages.

The personnel department of the employer must make entries in the maternity work book, indicating the number of the order and the reason for dismissal, backing it up with references to the relevant norms of the Labor Code of the Russian Federation.

A work book drawn up in accordance with current standards is issued to the employee, who, in turn, must sign in the organization's register.

Video: What you need to know

Warranties upon termination of an employment contract

In the event of liquidation of a legal entity, employees are creditors of the second priority. As practice has shown, in case of bankruptcy of an enterprise, the financial resources of the company may not be enough to pay compensation to employees, which, in accordance with the Labor Code of the Russian Federation, is not an offense.

As for pregnant women, the employer must provide this category of employees with the required payments, which is a guarantee upon termination of the employment contract:

allowance for the entire period of maternity leave;
childcare payments;
severance pay;
compensation for unused vacation;
additional compensation for termination of the employment contract.

Arbitrage practice

When an enterprise is liquidated, both employees and the employer have a lot of controversial issues. As practice has shown, former employees of the organization often resort to litigation to protect their rights and interests.

When an organization closes, all employees go through a series of unpleasant moments. Someone quits himself, many change their place of work to a similar one or go to another activity, the rest is subject to a general wave of freeing up the workspace. So what to do with those employees who, at the time of reorganization or bankruptcy, do not have the opportunity to influence and determine the further course of events? Below we consider the basics of the emergence and ways to resolve the following problem of the company's activities - the dismissal of a maternity leave during the liquidation of an enterprise.

How to resolve such a situation with mutual benefit for both parties? Consider the basic rules for dismissing employees on maternity leave or parental leave. We recommend that you carefully read and study the details and nuances of this procedure. In the event of a violation by personnel specialists, any employee, not excluding women on maternity leave, has the right to go to court with demands to restore their rights, make a full payment of all funds, etc.

The Labor Code provides support and assistance to women on maternity leave at the time of the liquidation of their permanent place of work. Here it is possible to refer to the guarantees that employees have and are regulated by law on how to properly liquidate an enterprise without much damage to employees.

At the initial stage, it is necessary to consider and analyze the definition of the concept of "liquidation of an enterprise". This is the termination of any activities of the company, the main purpose of which is to be excluded from the general state register. There are two main types of how a firm can go into liquidation:

On a voluntary basis - the final decision is made by the employer. It is possible to transfer to another company (subject to written consent).
On a preliminary basis - here the parent companies have the last word. And all responsibility for the subsequent search for an employee for an employee is borne by the employment service.

The procedure for the dismissal of a maternity leave during the liquidation of an enterprise

Consider the sequence of actions when dismissing an employee on maternity leave. The order includes five points of registration of the procedure:

After the reorganization of the enterprise, the manager can without fail notify the employment center of the fact that such an employee is on the list of those filed for dismissal.
Two months before, the director announces the event to the employees in documentary form and with the personal signature of the senior management. The text itself should contain the exact date of termination of the contract and the possibility of obtaining labor documents. The document itself is printed in duplicate so that both sides have the original document. The verbal form of this event is not valid.

Important! If the employee agrees, the documents can be sent to the postal address by registered mail.

On the appointed date, the management issues and signs a resolution, which is familiarized with the entire current composition of employees.
The accounting department issues the final cash settlement, which also includes the compensation required for issuance.
The list of documents is given on the same day. A woman on maternity leave is additionally given copies of a hospital form and a previously written application for going on vacation.

Important! This entire set of documents will be required for the subsequent processing of payments to women in the decree of cash benefits to government agencies.

In view of the possibility of such events, it is worth knowing and operating with the concepts of the rights of women and children in accordance with the norms of the legislation of the Russian Federation and issues of litigation. The dismissal of an employee on a decree occurs on the basis of paragraph 1 of Article 1 of the Labor Code of the Russian Federation. In parallel, a decree is issued, with which a woman must familiarize herself.

At the same time, the employee in the decree has the right to quit immediately after receiving information about the liquidation of the company. This procedure is done at the personal request of the employee in writing. In this case, she also receives all the necessary payments and a set of documents.

How are the rights of women and their children regulated in the workplace?

The main document regulating the rights and obligations of the parties is the Labor Legislation of the Russian Federation (Chapter 41). And Article 253 of the Labor Code of the Russian Federation coordinates the restriction of women's activities in general production. Below we consider the bilateral obligations of the employee and the manager:

A female employee at work can:

refuse to perform work manually if the weight of the cargo exceeds the limit of permissible norms;
for the period of pregnancy, take another position or change the local place of work in order to avoid external influence of negative factors.

Attention! All additions under the above conditions must be negotiated directly with the director of the enterprise and prescribed and secured with signatures in the employment contract.

At the same time, the employee can also terminate the contract in the presence of the following number of reasons:

Mutual and agreed upon agreement of both parties.
The personal prerogative of the employee.
Completion of the term of the document (it is possible to make an extension or translation).
Exit to work of an employee from the decree (in case of temporary replacement of a colleague).
Company liquidation.

In turn, the head of the strict ban are the following points:

dismiss a person on personal initiative;
give additional workload;
call an employee from vacation (during maternity leave or after childbirth);
send on business trips;
pay vacation money.

Rules for termination of employment contracts

The rules provide for the following. Due to the fact that employees are creditors, when the enterprise is liquidated due to bankruptcy, they will not be able to satisfy all the requirements of employees in a timely manner.

Despite this fact, obligations remain and the employee is entitled to a number of payments from the employer. In order to receive them, it is necessary to fill out and certify the documentation at all stages of dismissal in the correct order.

Here you should show special care and thoroughness when filling out the items.

Column	Description	Result
1	Serial number	1. Entries in the individual card of the employee (T-2, No. T-54, T-54a)
2	Exact date of termination of the contract
3	Order number, reasons, justification according to the norms of official documents (labor legislation)	2. Issuance of a work book against the signature of the recipient
4	Signatures of the company and responsible person	3. Other papers ready for issuance (2-NDFL certificate, pay slips, certificate of employment, etc.)

Registration of personnel documentation

Paperwork includes the standard procedure for the dismissal of workers. The director, as part of the ongoing events, writes a dismissal order with the following nuances:

order number;
name of company;
the exact reason for the dismissal of a female employee;
the name of the document and the actual presentation of its essence;
employee's position;
reason for terminating the employment contract.

Attention! If the enterprise is closed, then the employee who is on maternity leave can be fired on a general basis.

In any case, at the time of being on maternity leave, the woman does not appear at work, which makes it impossible for her to be immediately notified of the event. The task of the employer is to find an opportunity to involve an employee in order to familiarize himself with the document.

Directly on the day of dismissal, the company must provide the following list of documents to the employee:

certificate of remuneration;
certificate 2 personal income tax;
dismissal order;
a copy of the application for receiving funds up to 1.5 and three years;
copy of sick leave.

Enrollment in labor

In the event of liquidation of the company, the dismissal process is launched and regulated by the employer. In order for everything to go smoothly and without overlays, you need to do a number of important actions:

Issuance and signing of the order.

It is drawn up and signed by higher authorities with the obligatory indication of the date, the true reason for dismissal and the payment of full monetary compensation due to the employee.

Making a record of the fact of dismissal in the book and personal file.

Upon signing the above order, the personnel department notes the entry in the work book of the employee. Only two points play a key role here: an indication of the reason for dismissal, in accordance with the article of the Labor Code of the Russian Federation, and the number of the signed order.

Therefore, it is worth carefully monitoring the reliability and awareness of women. In view of this, it should be understood that only the personnel department can enter up-to-date data on the dismissal of an employee. Verification and confirmation of the authenticity of the record can be directly resigned. It is he who will subsequently be responsible for the entered data.

So, summarizing the above, we list the main points of writing a work book:

The individual serial number of the record.
The date on which the employee retired.
The reason for the fact according to the format "... in connection with the liquidation ...".
Reference to the article of the Labor Code of the Russian Federation.
Justification of the relevant entry.
Personal data of the employee who made the entries in the book (full name, signature).

Payments and compensation

In addition to the main obligations, the senior management also has the overly important task of paying compensation to employees during the closing of the company. They receive money for the loss of a permanent job. The amount of funds to be paid must contain the following items:

the entire salary of the employee;
compensation on the fact of non-vacation leave;
the necessary allowance upon its liquidation.

Important! If requested by the employment service, the two-month period for payment of unemployment benefits may be extended by another month.

The first two points are the usual payments for the dismissal of employees. In contrast to them, the subject of the third - liquidation allowance - a specialized type of payment, which is equal to two average indicators of an employee's monthly salary. A method designed to support an employee during the period of searching for a new place of income. It is valid if, after 14 days after the dismissal, the woman could not go to work in another organization.

Important! Despite the fact that an employee on maternity leave cannot currently start looking for a job, they are also entitled to this type of payment in full. The accounting department takes a woman's average earnings on maternity leave and doubles it.

In some cases, for example, the complete bankruptcy of an organization, an individual system for calculating payments operates. All compensations are paid based on the financial capacity of the enterprise. Importantly, the responsibility for the return of funds still remains with the company.

The company must pay the full payment of all money to the maternity woman before the dismissal procedure. Otherwise, the whole process will be done illegally.

If there was a fact of early termination of the working relationship by agreement with the employee, then he has the opportunity to receive money for the entire period until he officially finds a job in a new workplace. The total monthly amount of payments on average is determined as the monthly earnings of work at the enterprise before its liquidation.

There are also a number of special payments for women in the decree: a one-time allowance for a child and payments for the care of newborns, paid monthly. If a woman has provided a full package of documents for receiving cash payments, then even after the liquidation of the company, she will still receive them. Here, the social service for the protection of the population will already be responsible for the order.

Otherwise, the amount will be calculated as 40% of the average wage for the previous period before the dismissal of the woman on maternity leave. Recalculations are not made if at the time of the incident the woman was already on leave with a child.

Subtleties and nuances of the procedure

A separate direction is to consider the situation when, on the date of liquidation of the company, the woman was already on parental leave. The law of the Russian Federation also requires them to transfer cash benefits in the amount of the average salary, based on the value of the previous year.

The sick leave situation is handled as follows:

if it was provided before the liquidation of the company, then its amount of payments is considered as the average monthly earnings;
if the sick leave was received after dismissal, respectively, the costs are paid by the state, but there are a number of exceptions here too.

According to labor legislation, the enterprise is obliged to pay sick leave to a woman within a month after her dismissal in the following cases:

her husband's unplanned transfer to a new job;
illness and physical inability to continue working in the area;
an urgent need to care for a patient of severe severity, as well as a person who has received the first group of disability.

Knowing the norms of the law and applying them in practice, you can successfully solve any difficulties in resolving such situations. After accepting the complaint, the court makes a fair decision, based on strict observance of the rights and employees dismissed from work in the decree.

So, for example, the case of the double liquidation of the company was exposed. In the first case, only employees on maternity leave received the notification. After a two-month period, the company worked on the market for another month. And then after the final completion of the company, the employees tried to prove their rights. By a court decision, the current situation regarding the liquidation of the company was declared invalid and all the rights of employees were restored.

As a result, we can conclude that although the situation with the dismissal of an employee on maternity leave during the liquidation of an enterprise is not quite standard, the law still satisfies and protects the interests of both parties. The most important thing is to firmly know your rights and obligations and, in case of non-fulfilment, seek help and support from the relevant authorities.