How to dismiss during the reorganization
In any case, the new owner is obliged in writing to notify employees about the upcoming reorganization. To do this the new owner needs two months before an upcoming event not later than three months after he came into ownership rights.
If reorganization fire the Director, his Deputy or chief accountant, then this procedure is standard and in accordance with applicable law.
The rest of the enterprise to dismiss because of reorganization impossible. The new leader is obliged to warn employees about the upcoming reorganization. If the employee expresses the wish to continue to work for a new employer, then to dismiss it is impossible. If the employee does not want to work in new conditions, then starts the dismissal procedure in accordance with paragraph 6 of article 77 of the Labour Code of the Russian Federation.
In this case, the employee must write a statement about the termination of employment with the new employer. In this regard, issued an order of dismissal of an employee in accordance with paragraph 6 of article 77 of the Labour Code of the Russian Federation. Grounds for termination of the employment relationship in this case is the refusal of the employee from continuing work in connection with change of the proprietor of the enterprise.
After the order for dismissal is signed by the new supervisor, the former employee of the organization should be held a full cash settlement. Namely, in case of dismissal, the employee must be compensated for all unused vacation and leave days over 28 days, but with the consent of the new head. In addition, the former employee must pay all compensation and payments provided for in the Collective agreement.
After the former employee has received all cash payments, he issued a certified employment history.