How can they sack in bankruptcy?
The bankruptcy of the organization implies the complete disbanding of the staff of employees. In this situation, no preferential terms and guarantees provided by the Labor Code do not apply. All employees are dismissed: managers, pregnant women, single mothers with underage children, parents of disabled children, employees under the age of 18. The workbook will be given to people at the same time as everyone who is on leave or on sick leave.
In addition, the bankruptcy organization will not offer the dismissed employees other positions, because there are simply no vacancies. And even the opinion of the trade union body about the termination of the employment contract does not matter in this case. The only and unquestionable legal basis for the dismissal of employees is the court's decision to liquidate the insolvent enterprise.
The receiver must notify each employee in writing of the forthcoming dismissal. The main part of the workers will receive the document 2 months before the proposed liquidation date. But for some categories of citizens this term can be reduced. So, employees with whom the labor contract is concluded for two months, will be notified 3 days before the termination. Seasonal workers must be informed 7 calendar days before the signing of the order.
Specialists of the personnel service most often compose notice of the termination of the employment contract in two copies. One of them remains with the employee. The second is returned to the bankruptcy trustee. On it the dismissed person puts his signature, confirming the fact of acquaintance with the text.
The process of liquidation of a bankrupt enterprise is completed by excluding information about it from the Unified State Register of Legal Entities. Until then, an order must be issued for the dismissal of all employees, but in accordance with the notice periods listed above. However, with the mutual consent of the parties (the employee and the bankruptcy commissioner), labor relations can be terminated earlier. On the last working day, the employee is issued a work book and a full monetary calculation.
Payments due to the employee, are composed of several parts:
• Actually wages not received by a person until the day of dismissal.
• Compensation for the unused portion of the leave.
• Severance pay in the amount of one average monthly salary. For some categories of specialists, for example, seasonal workers, the allowance can be calculated differently, based on the norms of labor legislation.
• Compensation upon dismissal before two months from the date of notification. Its amount is calculated in proportion to the time not worked.
If the dismissed citizen has not found a new job, he is paid an average monthly salary again. The third time payments will be received by those employees who applied to the Employment Center in a timely manner and were not employed there. Then the financial obligations of the organization to former employees end.
The peculiarity of payments made during the bankruptcy of an organization consists in their order. At the first stage, settlements are made with citizens who have occupational injuries and injuries. Then the money is paid to all other employees.