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 the HR 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 reported a couple of days
before the dismissal.
You will learn that you have cut immediately
after vacation or sick.
Cut without notice and signed the order.
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, 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. 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.
