But if you are versed in this matter before the reduction,
it is quite possible that you will be able to find a common language with theHR department and you will be able to separate in an amicable way. As a rule,
with knowledgeable staff will try to conduct a "proper reduction."
Just about it and our stuff.
Step 1. Order Reduction
When and how should report the news
In practice, the news of the reduction is seldom entirely
unexpected. As a general rule, that the affairs of the firm "not so
hot", you can guess on different grounds. For example, management cut back
on a few hours time, or reduced one meal disappears from your social package.
By law, before starting to staff reductions, the employer
must make a feasibility study and to coordinate it with the union, and if this
is not - agreed to give trade union representatives from the collective. Then
the planning department of the new staffing, and those who have decided to
reduce, give the order "by hand." And according to the law see such
an order you have 2 months before the date of the reduction.
But this - in theory, but in practice, the employer has a
bunch of legal "loopholes." For example, if a reduction reported two
days before the dismissal, company owner can substantiate a violation of the
fact that the actual amount of work there is no lack of funds, but still give
the court a certificate from the tax and accounting that company at a loss. It
turns out that he was acting in your best interests and care about that you do
not spend money on travel and meals, and always used with advantage - looking
for a new job and execute manual employment center.
Also in the articles of the labor law have items that
management must offer you alternative work for other vacancies, but in reality,
if we reduce, then these options simply do not have. As a result, you are fired
according to claim 1 of Part 1, Art. 40 KZNaoT Ukraine, not legally, this is
called a reduction, but "due to changes in the organization of production
and labor."
Reduce employee without his signature under the order of the
theory can not. But, for example, if you do not agree - the employment contract
still canceled because decreasing your regular unit, that is, in any case, you
lose jobs.
Who has a better chance of not "get under the knife
cuts"
In fact, the law introduces a special category of people who
can not be fired right now, for example, pregnant women or persons who are on
sick leave or on vacation; and a list of people who should be given a
preferential right to remain at work in the event of redundancies. The first is
more valuable specialists, which is hard to find and they bring big profits
company. Further there are people with special services to his country (Heroes
of the Soviet Union, Heroes of Socialist Labor, Heroes of Ukraine, full holders
of the Order of Labor Glory, etc...), The citizens, Category 1-4 victims of the
Chernobyl disaster, military service veterans - on the the work for which they
have been enrolled for the first time after being released from military
service.
The most frequent violations of the employers at this stage:
On the reduction of
reported two days before the dismissal.
You will learn that
you have cut immediately after vacation or sick.
Prune without notice
and signed the order of.
Step 2: Documentation
the correct wording
From what is written in your work, are directly dependent on
the payment of money. Therefore, we consider all three options:
Voluntary redundancy (Art. 38 of the Labor Code of Ukraine).
You will receive a "bare bet" on the results of last month. Further,
the employment center in the registration status of the unemployed will be able
to get the allotted dole, but less than "reduction" - minus 90 days.
Dismissal due to changes in the organization of production
and labor - "reduction" (Clause 1, Article 40 of the Labor Code.).
You get settlement money during the last month, plus severance pay in the
amount of monthly salary. When registering as unemployed you can receive
benefits only after 30 days after the reduction (almost employer paid you this
a month in advance).
Firing by
agreement (p.1 Art. 36 CLL Ukraine). If you have an employment contract, given
the amount and payment of compensation conditions for job loss - the money the
employer will transfer to you on a monthly basis (usually, this applies to rare
specialists who are leaders plan to return to the States, where firms business
"will go to the mountain"). If an oral agreement between the parties
(or in writing, but without spetsuslovy), you get the settlement money last
month and lose the severance pay. But when you make a status of the unemployed
can receive benefits in the first month after registration.
The most
frequent violations of the employers at this stage
The most "popular" is an option when you are
misleading, in a simple way - cheat. That is to say, it does not matter what is
written in the labor force, it is all the same - cut. If you feel that you
zapudrivayut brains can get free legal advice in the Employment Center.
Step 3. Withdrawal
If you quit
"due to changes in production and labor organization" - according to
claim 1 of Art. 40 Labor Code of Ukraine, you are supposed to severance pay.
When calculating the severance pay amount is taken during the last 2 months,
are taken into account the amount of: basic salary, bonuses and allowances (for
overtime work and night work, or doing high volumes of work, etc...),
Production Premium, and reward the results of a year's work and length of
service.
At the same
time there are a number of charges that are not included in the calculation of
average monthly earnings, the long list of which is specified in the resolution
of the Cabinet of Ministers №100 from 08.02.1995g. In particular, to not
include one-time payments, daily allowances, compensation for lunches, the
salary for part-time (except when it was registered in the average monthly
earnings provided by law), and so on.
Severance
pay, as well as all amounts due to the employee the amount of the enterprise,
the employer must pay the employee the day of dismissal and to give documents:
employment record, certificate of salary. If the company delayed the
payment of money, then it will have to pay an additional employee his average
earnings for the entire period of delay until actual payment.
The most frequent violations of the employers at this stage
You have received
settlement and severance pay, but the amount was far less than expected.
You do not work, but
the settlement money and severance pay is not received.
You got the money,
but the documents have not yet given.
the amount of severance pay will help you calculate the
experts of regional employment center for a free appointment with a lawyer or
accountant must take documents: salary, bonuses, holidays and together. And all
the excuses and delays in the issuance of documents and the sums laid react
unequivocally: "I need help on how that money is detained or that the
documents are still in the design." His perseverance you show that you are
not willing to wait without compensation. As a result, the annoying visitor
will try to get rid of quickly.
How many who put money
Unemployment benefit is supposed to only get the official
status of unemployed. The size and terms of payment depend on factors such as
the presence and duration of insurance, salary, reasons for dismissal, period
of unemployment. Depending on this conditional unemployed can be divided into
categories.
"A" Category - insured persons who during the 12
months prior to the date of loss of job worked at least 26 calendar weeks
(hereinafter - a / d) and lost their jobs through no fault of their reasons:
due to the reduction in the number of staff or as a result of the elimination
of enterprise. This category includes those who quit on their own, but for a
good reason:
translation husband
or wife to work in another locality;
inability to stay in
the area for health reasons (this must be confirmed by relevant certificates);
care of the child
until the age of 6 and 14 years of age or for a disabled child;
caring for a disabled
child under 18 years old, disabled of Group I and for retirees who on medical
conclusion requires constant care;
other valid reason,
provided the legislation of Ukraine.
Such people, the unemployment benefit set as a percentage of
the size of their average wage (income), taking into account of insurance:
up to two years -
50%;
from two to six years
- 55%;
from six to ten years
- 60%;
more than ten years -
70%.
Wherein:
first 90 k / d pay
100% benefits;
over the next 90K / A
- 80%;
etc. - 70%.
These people are entitled to receive unemployment benefits
for 360 k / d for two years from the date of the unemployed status. can not
exceed 720 k / d duration of unemployment benefits for those approaching
retirement age (two years before the right to a pension). In this case, if a
person was fired according to claim. 1, Art. 40 of the Labor Code, the
beginning of unemployment benefits is deferred until the expiry of the issuance
of severance pay.
Category "B" - the insured, who for years until
they became unemployed, worked for at least 26 k / d and resigned at his own
request without good reason. Benefit they are assigned in the same way as in
the previous case, but the payment is reduced by 90 to / d. That is the first
90 days they pay nothing. On the 91st day, they begin to receive benefits - 80%
of the specified size.
Note that the size of the grant can not exceed the average
salary by economic activities in the relevant field for the previous month. For
example, in August 2008, the average salary in the Kiev region, according to
State Statistics Committee, amounted to 1925 UAH. So, all the region's jobless
rate may not exceed this amount. As for the size of the minimum benefit, for
the first two categories, it is 500 USD.
Category "B" - the insured who have worked for a
year before the assignment status of the unemployed at least 26 calendar weeks,
as well as those who wish to resume work after a long break (over six months).
They can only rely on the minimum unemployment benefit. For those insured
persons it is 420 USD.
The period of payment of unemployment benefits in this case
can not exceed 360 calendar days for two years.
Citizens who are seeking employment for the first time (and
it is uninsured), also pay for unemployment benefits in the minimum amount -
420 UAH. But no longer than 180 calendar days.
Category "D" - the insured, retired from the last
job "under", for example, for drunkenness or violation of labor
discipline. They are assigned the minimum allowance - 420 UAH. And it can get a
91-days from the date of assignment of unemployed status.
reducing alternative
In each firm, which felt the impact of the crisis, they
developed their own ways of "fighting for survival". For example,
large employers transfer of specialists from the state in the contract work
system. That is, a person hired for a certain amount of work, but do not
provide a workplace and social package. Other leaders are also trying to retain
staff. To do this, in the course are long-term and unpaid leave, shorter
working hours and as a result - a reduction of wages.
Forced leave without pay
According to the Law of Ukraine "On leave" any
employee may be granted leave without pay for no more than 15 calendar days for
the whole year (except for some categories). At the same time, if you are going
on vacation for more days, you have to choose - or to accept or resign from the
company.
It is one thing when an employee agrees to go on vacation at
his own expense, and another thing, when this it compels the company's
management. The new edition of the Law "On leave" Ukraine seized the
position that in the event of downtime the company owner can send you on vacation
at his own expense, without your consent, but in the Labor Code is no
different. Labor Code regulations take precedence over the law "On
leave". So send employees on leave without pay may head. It turns out that
the choice you have is small - or lose their job, or to agree to the new terms.
For employee long sitting on vacation at his own expense, in
principle, is not profitable, because this period is not counted in the
insurance period, equivalent to dismissal and no guarantee that you will
restore in the same place, no one will. Plus, this is also a financial issue -
you do not get any wages or holiday pay, or social benefits as unemployed.
decrease in salary, reduction of working hours
With regard to reducing the salary, the employer can
actually initiate such action. To ensure that this was legal, reduced the
amount of work, then the working day, and as a result - the amount of salary.
According to Art. 103 of the Labor Code of Ukraine, the
changes in wages, benefits, work regime, establishing and abolishing part-time,
etc. the employer must notify you in writing not later than two months. But, in
practice, you can put before the fact, perhaps even a choice - work or
reduction. In the case if the employee does not agree to continue to work on
new conditions, the labor contract is terminated in accordance with paragraph 6
of Article 36 of the Labor Code of Ukraine.
According to statistics, it turns out that about a third of
workers were laid off on their own, without severance pay and were able to get
state aid for unemployment is based on 90 days less than the other unemployed.
That is hardly used their legal rights. Therefore, in any case, before signing
any legal documents you need to consult with a specialist.
Where to go:
The union at your
enterprise.
The union of specialization or field of
activity (for example, railway workers, journalists).
The Federation of Trade Unions of Ukraine
The spatial representation of Trade
Unions of Ukraine on the regions.
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