home Self-development Features of dismissal of workers during enterprise reorganization. The procedure for laying off employees during the reorganization of an enterprise Application for dismissal during the reorganization of an enterprise

Features of dismissal of workers during enterprise reorganization. The procedure for laying off employees during the reorganization of an enterprise Application for dismissal during the reorganization of an enterprise

Dismissal during the reorganization of an enterprise in the form of an affiliation or merger is possible, however, in order for the procedure to be legal, it is necessary to follow the requirements of the law.

In order to always be profitable, any business undergoes certain changes from time to time. For example, an entrepreneur may decide to change the legal form of his company, join another enterprise to increase the effect of scale of production. In all these cases we are talking about reorganization. Moreover, during the ongoing activities, the question of dismissal of employees may arise. Before terminating the contract, you should understand the possible types of reorganization. Depending on the nature of the change in the organizational form, the following are distinguished:

In the form of accession. Assumes that the old organization ceases to exist, becoming part of another. It must be accompanied by making an entry in Rosreestr about the termination of the enterprise’s activities.
In the form of transformation. Does not imply the closure of the company. It simply changes its organizational and legal form. It turns out that a new enterprise is being formed on the basis of the old one.
In the form of a merger. It consists of merging several enterprises, but none of them are preserved in their old quality - all the old companies are closed, and then a completely new one is opened.
In the form of selection. The old company remains, but a certain part of it is separated into a separate legal entity. This often happens when production volumes increase and activities are divided. For example, if a plant had several workshops engaged in different activities (steel melting, wood production), one of the areas could be separated into an independent enterprise.

In all these cases, dismissal may be necessary. But such actions are not always legal. We have to look for a compromise solution together with the employee.

Liquidation of a business allows an employer to dismiss all of its employees, albeit with certain payments and timely notice. If a company is reorganized, then in accordance with the Labor Code, the employer is obliged to preserve the position and labor rights of its employee.

When an organization has decided to reorganize, it must certainly inform its employees about this. It is they who subsequently decide whether to continue working at the new or old enterprise or find a new place for themselves.

Article 75 of the Labor Code of the Russian Federation prohibits heads of organizations from making single layoffs against the will of employees, arguing that this is necessary for reorganization.

If there is a need for dismissal, and the employee himself agrees to this outcome, the employer must act in accordance with the following step-by-step instructions:

Additionally, the employee may require various documents. For example, a certificate in form 2-NDFL or an extract from SZV-M. They are also issued on the day of dismissal at the request of the employee.

Ordinary employees in the event of reorganization have more rights than representatives of management. The first person cannot be fired at the initiative of the employer. But with employees in management positions, the situation is much more complicated. Even the Labor Code provides for the possibility of dismissing a number of persons at the request of the new owner. This applies to people in the following positions:

director;
Chief Accountant;
Deputy Director.

In this case, consent from the employees themselves is not required, but a unanimous decision is required - it is on the basis of it that subsequent dismissal will be made. If the owner or owners of the business have come to the conclusion that it is necessary to change the management team (in whole or in part), they will have to act as follows:

notification to management of the upcoming reorganization (in the same form as for all other employees, with the exception of mentioning the right to retain their position);
the new management decides to dismiss all or individual management personnel and reflects the results in writing;
notifying the employee of the upcoming dismissal on the basis of Article 81 of the Labor Code of the Russian Federation in the form of a written notice (the document must indicate the timing of dismissal);
an order of dismissal is issued indicating the terms and grounds, it must be familiarized with signature by all participants in the process (this can be one order for everyone at once or a separate one for each);
in work books, records of dismissal are made in accordance with clause 4, part 1, article 81 of the Labor Code of the Russian Federation, the date and number of the order with the decision must be entered;
no later than the day of dismissal, settlements with employees are made, they are paid all amounts due (except for wages, vacation time and payments provided for in the employment contract, the employer is also obliged to pay compensation in the amount of three monthly salaries to top managers, this need is enshrined in Article 181 of the Labor Code of the Russian Federation ).

There is a time frame during which the new owners have the right to dismiss the management team due to reorganization and replace them with other people. This can be done no later than 3 months from the date of completion of the reorganization procedure. After this, it will not be possible to dismiss them under Article 81 - this will already be a violation of the law. Then the issue can be resolved by agreement of the parties or by dismissing the person for any misconduct or incompetence.

Possible difficulties

Sometimes reorganization is accompanied by serious personnel changes. For example, a new enterprise may significantly reduce the number of workers, which will force the current workforce to be reduced. In this case, the dismissal procedure must be carried out not due to reorganization, but due to downsizing at the enterprise.

Such dismissal requires not only paying compensation and maintaining the employee’s average salary while looking for a new job, but also notifying him in a timely manner. Moreover, there are categories of workers who cannot be fired even in the event of a reduction. There is also a list of those who have a priority right to retain a position due to special circumstances. The employer must take all this into account when making a decision to dismiss.

During the reorganization of the enterprise, employees who refuse to transfer to the successor employer may be dismissed in accordance with the established procedure. Therefore, it is important to know about the features of the dismissal procedure during reorganization: what are the actions of the employee and the employer, what documents need to be drawn up, what payments the employee can count on. In this article we will talk about dismissal during the reorganization of an enterprise, and we will analyze common mistakes on this topic.

Enterprise reorganization: concept and types

In the course of conducting business, an organization can change its legal form, merge with another business entity, open subsidiaries, etc. Each of these processes is called reorganization, as a result of which a new business unit appears.

Current legislation provides for several types of changes in the organizational form of a legal entity, including reorganization:

in the form of affiliation. The company ceases to exist by “merging” with another organization. Once data on the termination of the activities of the merging company is entered into Rosreestr, the merger procedure is considered completed;
in the form of a merger. The procedure involves merging several legal entities into one. “Old” companies cease to exist, and a new company is created in their place. The merger is considered completed after the registration of the new company;
in the form of transformation. A legal entity changes its organizational and legal form: a new company is created on the basis of the “old” one, the relevant data is entered into the registration documents:
in the form of a selection. The original legal entity is preserved, new companies (one or more) appear on its basis, which receive registration in Rosreestr as independent organizations (for example, subsidiaries). Read also the article: → “”.

As a result of reorganization in any of the above forms, the owner may be faced with the need to fire employees. We will talk more about the dismissal procedure below.

How to fire an employee due to reorganization

The procedure for interaction between the enterprise management and employees during the reorganization period is regulated by the Labor Code. In accordance with the provisions of the document, as a result of the reorganization, the employee retains his position and all labor rights.

General procedure for dismissal

If your company is undergoing a reorganization process (for example, a merger with another company), then all employees of the company should be notified about this. Based on the information received, each employee decides whether he is ready to work in a new company or not.

You do not have the right to arbitrarily, on your own, dismiss an employee due to reorganization. (Article 75 of the Labor Code). However, the employee himself may make such a decision, in which case you must grant his request for dismissal. Read also the article: → “”. Let's look at the step-by-step procedure for registering dismissal during reorganization.

Step 1. If your company is in the process of reorganization (in any of the above forms), inform all employees about it. It is better to do this in the form of a written notification against signature (the “Acquainted” column). In the text of the document, indicate:

the fact of the reorganization, its form;
formation of a new company (name), merger, creation of new companies, etc.;
change of owner.

The document must also notify about:

maintaining the employee’s labor rights in the new company;
the employee’s right to resign on the basis of Art. 77 Labor Code (part 1, clause 6).

The employee who signed the document is considered to be familiar with the reorganization and the right to dismissal.

Step 2. Obtain appropriate statements from employees who decide to terminate their employment with the new company. The document is drawn up in free form; in its text, the employee can indicate the reason for dismissal (refusal to work in connection with reorganization, Article 77 of the Labor Code). We emphasize that dismissal in this case is carried out only by the employee’s decision, which is confirmed by a statement.

Step 3. Issue a dismissal order. If the company is small, then you can issue orders for each employee individually. If a large enterprise is in the process of reorganization, then it is advisable to obtain a decision from all employees (on continuing work or refusing to work), and then issue a general order.

To do this, ask employees to provide an answer regarding the continuation of work, for example, within 2 months from the date of receipt of the notice. However, remember: if an employee changes his decision (for example, he changed his mind about quitting and decided to stay in the new company), you do not have the right to fire him. Note: in this case, the employee has the right not to work for 2 weeks, but to quit on the same day.

Step 4. Make entries in the work books of dismissed employees. The basis for recording will be an order. In the column “Information about dismissal”, make a reference to Art. 77 TK. For example: “Dismissed due to refusal to continue working in connection with the reorganization (clause 6, part 1, article 77 of the Labor Code).”

Step 5. Transfer the required payments to the dismissed employees, namely:

salary for actual days worked;
compensation for unused vacation;
other payments provided for by internal regulations.

We emphasize: if an employee decides to refuse to work in a new company, then payment of severance pay is not provided for him (unless otherwise stated in the collective agreement). Also, you are not obliged to pay the employee the average salary for the period of employment.

Step 6. Provide employees with the necessary documents, namely:

work book;
certificate of average earnings;
certificate 2-NDFL (on request).

The employee must receive all documents on the day of dismissal, as well as the payments due to him.

Dismissal of management staff

The Labor Code allows the new owner to change management (chief accountant, director and his first deputies) without permission, based on a unanimous decision. In other words, you have the right to fire the listed top managers without their consent. In this case, adhere to the following algorithm of actions:

Step 1. Notify the management team about the reorganization in the general manner (against signature).

Step 2. In accordance with the decision made, inform the manager of your imminent dismissal, referring to Art. 81 Labor Code (clause 4, part 1). To do this, prepare a written notice indicating the timing of dismissal. Please note: you can exercise the right to voluntarily dismiss the management team only within 3 months after the completion of the reorganization. After this period, the dismissal of managers is carried out in accordance with the general procedure.

Step 3. Issue a dismissal order and familiarize the dismissed managers with it. You can prepare a separate order for each of the specialists, or draw up one order for the dismissal of all managers.

Step 4. Make entries in your work books, referring to Art. 81 Labor Code (clause 4, part 1). For example: “Dismissed due to reorganization on the basis of clause 4, part 1, article 81 of the Labor Code). In the “Bases” column, indicate the number and date of the order.

Step 5. On the day of dismissal, make standard payments in favor of dismissed specialists (salary, vacation compensation, payments under an employment/collective agreement). Also, top managers are entitled to a payment in the amount of three months' earnings (Article 181 of the Labor Code). These funds must be paid in a lump sum, regardless of the fact of subsequent employment.

Step 6. Give dismissed managers a work book and a certificate of average earnings.

Downsizing after reorganization

So, the reorganization process at the enterprise has been completed, data on the creation of new companies and the cessation of work of old companies has been entered into Rosreestr. Some employees were fired due to refusal to work in the new company, and members of the management team were also fired. All other employees were transferred to work in the new company.

At this stage, the owner assesses the situation with the enterprise’s personnel (number of employees, compliance of employees with their positions, assessment of the organizational structure, etc.), after which he can decide to lay off some employees.

If after the reorganization you decide to revise the staffing table, then when making reductions you should act in accordance with the general procedure:

Step 1. Prepare a layoff order. The basis for reduction may be a change in the organizational structure, within which you can:

reduce the number of units of one position (reduction in headcount). For example, according to the new staffing table, the logistics department will have 5 drivers instead of 7;
cut a particular position (staff reduction). For example, you can reduce the number of deputy directors (instead of three, one deputy).

Step 2. Evaluate employees, determine the list for reduction. When assessing, take into account the qualifications, experience, and productivity of the employee. Also, certain categories of employees have a priority right to retain their positions, including:

disabled people;
workers raising disabled children;
victims of man-made disasters;
heroes of the USSR and the Russian Federation;
workers with occupational diseases and work-related injuries received at this enterprise, etc.

Fill out the list of employees (positions) as an appendix to the layoff order.

Step 3. Sign the order to reduce the number/staff from the manager. In the document, indicate the effective date of the document. For example, “the employee/position is considered redundant as of 01/01/17.”

Step 4. Inform employees about future layoffs. To do this, prepare written notifications and give them to employees for signature no later than 2 months before the reduction date specified in the order. If the employee refuses to sign in the “Acquainted” column, prepare a report with two witnesses.

Step 5. If the order states the reduction of a position, and not a specific employee, then you are obliged to offer the employee another position for transfer. The new vacancy must correspond to the employee’s professional level or be lower. For example, you can offer a leading accountant a position as an accountant with a lower salary.

Step 6. Notify the trade union and the employment service about the layoff. To do this, prepare a written notice and submit it to the appropriate service (in person or by letter with notification).

Step 7 Retrench employees who do not agree to the transfer. To do this, issue a dismissal order (individually for each employee or general for all). The basis for dismissal is a layoff order. Familiarize the employees with the order against signature.

Step 8 Make the appropriate entries in your work books:

“Dismissed due to staff reduction and due to refusal to transfer to another position (clause 2, part 1, article 81 of the Labor Code).”

Step 9 Pay workers the required compensation, namely:

salary;
vacation compensation;
severance pay based on average earnings (one-time upon dismissal);
average earnings for the period of employment (within 2 months before registration at a new job).

Example No. 1. In March 2017, the management of Komanda JSC signed an order to change the staffing table and reduce positions. Due to changes in the production department, the position of chief technologist (salary 25,720 rubles) is being reduced as of July 1, 2017.

The chief technologist of the production department of Komanda JSC, Sviridov, received notice of layoff on 04/30/17. On the same day, Sviridov was offered a transfer to the position of technologist with a lower salary (RUB 18,410). Sviridov refused the transfer, which he indicated in writing in the notice. On 07/01/17, an order was issued to dismiss Sviridov on the basis of job reduction and refusal to fill another vacancy. The relevant information is included in Sviridov’s work book.

07/01/17 Sviridov was paid:

salary for June 2016 – 25,720 rubles;
vacation compensation for 10 days – 8,778 rubles. (25.720 / 29.3 * 10 days);
average monthly earnings – 27,212 rubles. (25.720 / 29.3 * 31 days).

08/21/17 Sviridov got a new job. For the period 01-20.08.17, Sviridov was paid compensation for the period of employment - 12,289 rubles. (25.720 / 29.3 * 14 working days).

Basic mistakes when dismissing employees

Let's look at the most common mistakes made when registering dismissal during the reorganization process.

Mistake #1. Dismissal of an employee due to reorganization without his consent.

In October 2016, Bolshevik LLC underwent a reorganization in the form of a merger with Malyutka LLC. As a result, Ideal JSC was formed (registration in Rosreestr on 10/03/16). By decision of the management of Bolshevik, some of the employees of the planning and economic department were dismissed due to the reorganization:

08.16 notifications were sent to department employees about the reorganization and subsequent layoffs. The workers signed the “Acquainted” column;
On 10.16, a dismissal order was issued in connection with the reorganization of Bolshevik LLC into Ideal JSC through a merger with Malyutka LLC. Employees of the planning department are familiar with the order (signature in the “Acquainted” column);
10.16 employees of the planning department were paid salaries for September 2016 and compensation for unused vacation.

The management of Bolshevik LLC violated the labor rights of employees of the planning department. In this case, the workers were simply notified of their dismissal, while they had every reason to keep their jobs in the newly organized company (JSC Ideal). If the management of Bolshevik considered it necessary to reduce the positions of the department, then this should have been done at the end of the reorganization procedure in the general manner (see section “Reduction after reorganization”).

Due to violations of the Labor Code, employees of the planning department have every reason to go to court and demand reinstatement at work.

Mistake #2. Dismissal of the manager three months after the reorganization.

02/01/17 Sokol LLC was reorganized through the absorption of Ivolga JSC; as a result, Sokol ceased to exist as a separate organizational unit. Sokol's chief accountant Kroshkina retained his position in the new organization.

On 05/22/17, the management of Ivolga decided to dismiss Kroshkina from the position of chief accountant under Art. 81 Labor Code (clause 4, part 1). Kroshkina was paid a salary and severance pay in the amount of 3 average monthly earnings.

The right to dismiss the head of the reorganized company (including the chief accountant) is retained by the new owners for 3 months after the reorganization. That is, the management of Ivolga could fire Kroshkina without her consent no later than 05/01/17. After this period, Ivolga may offer Kroshkina to resign by agreement of the parties.

Mistake #3. Refusal to transfer employees who changed their decision to dismiss.

On 03/01/17, notifications were sent to employees of Korpus JSC about the reorganization of the enterprise, which is scheduled for 05/15/17. On 04/10/17, the driver of the transport department, Makarov, wrote a letter of resignation, citing Art. 77 Labor Code (part 1, clause 6). Two weeks later, Makarov changed his decision and on 04/24/17 contacted the HR department with a request to withdraw the application. Makarov’s request was denied, and he was fired on 04/28/17.

According to the Labor Code, an employee who decides to resign due to reorganization can change his decision at any time, up to and including dismissal. In this case, Makarov’s dismissal was unlawful and the Corps management is obliged to reinstate him in his job.

Rubric “Question and answer”

Question No. 1. An employee of Cote d'Azur JSC Karpukhin refused to work for the company after the reorganization, and therefore was fired. Can Karpukhin count on payment of benefits upon dismissal?

In general, dismissal benefits are not paid in this case. However, the internal regulations of JSC Cote d'Azur may provide for such a payment. Its size and order of transfer are also fixed in the Regulations. In this case, Karpukhin has the right to claim payment on the basis of an internal act.

Question No. 2. JSC Chernomorsky is planning to reduce staff as a result of the reorganization. In the household department, it is planned to reduce 1 electrician position from the 3 existing ones, and therefore it is necessary to fire one electrician with lower qualifications. Is there a regulatory document regulating the assessment of an employee’s qualifications during layoffs?

This document is not provided for by law. However, the management of Chernomorsky can conduct internal certification of employees for suitability for the position, take into account the experience and labor productivity of each employee, take into account the assessment of the immediate supervisor, the presence of reprimands/gratitudes, etc.

Question No. 3. An employee of Flamingo JSC, Kuravleva, has the status of a single mother. In November 2016, Flamingo JSC was reorganized and merged with Pelican JSC. Kuravleva was transferred to Pelican to the position of storekeeper. In January 2017, the management of Pelican issued an order to change the organizational structure, and therefore the position of storekeeper was reduced. Does Pelican management have the right to fire Kuravleva due to job reduction?

According to Article 261, TC Pelican does not have the right to fire Kuravleva, since she has the status of a single mother. In this case, Pelican must offer Kuravleva another position that matches her qualifications.

Reorganization is a complex legal process that inevitably affects the interests of employees.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Regardless of the type of transformation, the founders are required to properly formalize the dismissal.

Regulations

Labor Code of the Russian Federation:

Art. 75 – legal consequences for employees during reorganization;
Art. 81 – features of employee dismissal;
Art. 77 – entry in the work book upon dissolution of the company;
Art. 178 – rules applicable to employees during the merger or acquisition of companies;
Art. 180 – guarantees provided during liquidation or reduction.

Other:

Letter of Rostrud No. 276-6-0 on the benefits of employees during layoffs due to the reorganization of the company.

What does the law say?

Reorganization is aimed at terminating or temporarily stopping the activities of an enterprise in connection with the transfer of rights and obligations.

It can be carried out in different forms:

Merger— a new legal entity is formed by merging two or more enterprises. As a result, a large one is created, and this entails an improved position in the market.
Accession– the activities of one or more companies are terminated, all rights are transferred to a separate legal entity. The procedure is carried out only with the consent of authorized bodies.
Separation– the organization splits into several legal entities. All assets and debts are distributed equally among the new owners.
Conversion– there is a change in the organizational and legal form due to an increase in the number of founders, an increase in additional investments and other reasons.
Selection– creation of subsidiaries on the basis of the “parent” without stopping its activities. New companies have their own seal, charter, and executive bodies.

According to the legislation of the Russian Federation, dismissal of employees in connection with reorganization is possible only on their initiative.

The reason is precisely the refusal to work under changed conditions, and not one’s own desire. This formulation is inappropriate in such a situation.

In the event of an incorporation or merger of legal entities, extra employees appear.

The manager will have to terminate the employment relationship with some of them. The advantage always remains on the side of more qualified, experienced staff with high productivity.

This rule applies to all matching positions.

Under equal conditions, the chances of being laid off are less for employees who have dependent relatives, disabled combat veterans, and employees who improve their skills by order of the director.

Additional information is written in .

By law it is prohibited to reduce:

employees who are in or caring for a child under 1.5-3 years old;
women raising minor children;
single parents;
persons caring for disabled people;
located in or on .

Employees who continue to work for the reorganized company retain all rights.

Management must make changes to the personal card and make the necessary personnel decisions.

The procedure for registering dismissal during reorganization

When an employee refuses to cooperate on changed terms or falls under, it is important to properly formalize the agreement.

The procedure follows the following algorithm:

Issuing an order to reorganize the company. It must indicate the changed information about the employer, the reorganization form, the date of making entries in the personal file and work books of subordinates, and information about the notification. The document must be signed by the manager and recorded in the journal to control incoming orders.
Drawing up a notice of change of ownership, reduction or. Should be made in two copies. The employee must affix a date and signature confirming that he has read the information. In some situations, for example, when, it is necessary to timely hand over the document personally to the employee - within two months before the start of all formalities for termination of activity.
should be the same as in the order: indicating the grounds for termination of cooperation and reference to the law of the Labor Code. A similar entry is made on the personal card. The document is handed over to the employee on the day of dismissal.

Examples of documents:

Example of employee notification

Example of entries in a work book

According to Labor Law, if there is a change of owner, the contract is terminated within three months from the date of official receipt of the status of a legal entity.

The new owner has the right to interrupt cooperation with the manager, deputy, chief accountant, etc.

Dismissal during the reorganization of an enterprise in the form of affiliation or merger occurs according to a similar scheme.

The difference is that the employer is not obliged to warn subordinates about upcoming changes.

Another difference is that many are laid off.

It is for them that the Labor Code provides guarantees:

The director is obliged to offer a vacant position (if available). If the employee is satisfied with the option, it is possible.
The agreement can be terminated before the reorganization process begins. This happens when an employee finds another job.

Payment of funds, including:

salary;
bonuses;
benefits for the period of employment;
other compensation provided for by local documents.

The nuances of dismissal of different categories of employees

Termination of an employment contract due to reorganization is possible only with the director, deputies and chief accountant.

In other cases, the reason is either staff reduction.

Let's look at the features of dismissal for different categories:

Women with family responsibilities. When reorganizing an institution, the Labor Code prohibits the dismissal of employees on maternity leave or pregnant women at the initiative of the employer. The exception is a procedure leading to the liquidation of the company or one’s own desire.
Employees on sick leave. Dissolution of an enterprise can begin when an employee is on leave due to temporary disability and is laid off. During this period, dismissal will be considered illegal; you should wait until you return. However, it is advisable to send a notice to your home address about the upcoming reorganization and reduction.
Part-time employees are employees who work part-time. They are full-fledged employees with social guarantees. occurs according to the general principle.
Pensioners and persons of pre-retirement age. There are no separate benefits provided for this category of people in the event of layoffs. They only have the advantage of a high level of qualifications and rich practical experience, which increases the chances of remaining in the organization.

In all the cases considered, dismissal is processed in accordance with the general procedure.

If an employee refuses to continue cooperation in connection with the reorganization, dismissal occurs on the basis of Art. 77 clause 6 of the Labor Code of the Russian Federation.

He must write in any form, after which an order is issued and the necessary calculations are made.

The company must compensate:

Salary for the period worked is determined based on the days actually worked and the average daily salary.
Days of unused rest (annual and ) - the number of days is multiplied by the average daily wage.
Bonus accruals are calculated based on the percentage of the salary pre-established in local documents.
Cash for the period of employment (in case of reorganization leading to staff reduction) is equal to a monthly salary and is paid for 1-2 months (in some cases the period is extended to 3).

Other payments provided for by the collective agreement (by decision of the employer).

Example:

The company Module Plus CJSC is planning a reorganization, carried out in the form of a merger with another company into a new legal entity - Torg Profi OJSC. As a result, it became necessary to lay off employees, including accountant N.I. Shelepanova. The dismissal order was issued on March 28, 2016. The initial data is presented in the table. The task is to determine the compensation that should be provided by Torg Profi OJSC.

Solution:

Calculation of wages for hours worked:

Since N.I. Shelepanova was registered with Module Plus CJSC until March 28, 2019, therefore, she was entitled to payments for 18 working days.

The value will be: 18 days x 1113 rubles. = 20,034 rub.

Compensation for unused rest days will be equal to: 18 days x 1113 rub. = 20,034 rub.

Bonuses included in salary: 32,700 x 0.2 = 6,540 rubles.

Severance pay: 32,700 x 2 months. = 65,400 rub.

It is planned to reorganize a group of legal entities: A, B and C in the form of merger with a third legal entity - D.1) What will happen to the general directors of the reorganized legal entities A, B and C? 2) Is a decision of the founders of the reorganized legal entities on early termination necessary? employment contracts with general directors? 3) Is it necessary to make compensation payments in case of early termination of an employment contract with the general director? 4) Is it possible to transfer general directors to legal entities? persons A, B and C (from a fixed-term employment contract) to other positions in company D (for an open-ended employment contract)? How to formalize this transfer from one legal entity to another? 5) If an employee (not the general director) of the reorganized legal entity A, B and C, upon joining legal entity D, cannot retain his previous position (the position will change), what to do in this case? How to make this transfer? Do I need to notify an employee about a change in position and how long in advance? In case of disagreement to continue the employment relationship in a new position, on what basis is dismissal made and are any compensation payments provided upon dismissal?

Answer

Answer to the question:

What will happen to the general directors of reorganized legal entities A, B and C?

Employment contracts with the directors of legal entities A, B and C must be terminated before the reorganization is completed, otherwise there will be four directors in one position, which is contrary to civil law.

Termination of employment contracts is possible on general grounds (by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation), at the initiative of the employee (clause 3, part 1, article 77 of the Labor Code of the Russian Federation), in connection with refusal to continue working in connection with reorganization (clause 6, part 1, article 77 of the Labor Code of the Russian Federation)), as well as in connection with the adoption by an authorized body of a legal entity, or the owner of the organization’s property, or a person (body) authorized by the owner of a decision to terminate the employment contract (clause 2 Article 278 of the Labor Code of the Russian Federation).

Dismissal must be made taking into account the date of termination of the activities of legal entities, because Until the termination of activities, it is necessary to manage the current activities of the organization.

If we mean a transfer to another position during the reorganization process, then we recommend that such a transfer be formalized through dismissal and subsequent hiring.

This is explained by the fact that when transferring a director to another position, a number of legal conflicts will arise that need to be resolved, and any decision will not fully comply with the letter of the law.
1. It is not clear who should sign the amendment to the employment contract with the manager - the head of organization D, or the founder, because It is he who is the representative of the employer for the director.
2. It is also not clear which document will serve as the basis for the transfer. It cannot be the minutes of the general meeting of participants (shareholders), because the general meeting does not have the right to resolve issues that are not within its competence. It has the right only to terminate the powers of the manager (director) early, and the transfer of employees falls within the competence of the manager.
3. Transfer means a change in the employee’s labor function, however, when a manager is transferred, not just the labor function changes, the terms of payment change, the specifics of regulating his work change, the list of grounds for dismissal changes, the fixed-term contract changes for an indefinite period, his activities are no longer regulated by the company’s constituent documents etc.

At the same time, having formalized the early termination of the employment contract with the director, you can accept him for another position in the general manner established by labor legislation, without violating labor legislation.

At the same time, if the Charter of organization D provides for the possibility of making a decision to transfer the director to another position, such a transfer can be formalized.

5) If an employee (not the general director) of the reorganized legal entity A, B and C, upon joining legal entity D, fails to retain his previous position (the position will change), what to do in this case? How to make this transfer? Do I need to notify an employee about a change in position and how long in advance? In case of disagreement to continue the employment relationship in a new position, on what basis is dismissal made and are any compensation payments provided upon dismissal?

Note that reorganization in the form of affiliation does not imply the termination of labor relations; labor relations continue.

Additional agreements must be concluded with employees, which should reflect the change in the name of the organization.

At the same time, employees have the right to refuse to continue working in connection with the reorganization of the organization (). Therefore, warn employees about the upcoming reorganization by writing notifications in.

In addition, reorganization may be accompanied by layoffs.

Since Rostrud, by letter dated February 5, 2007 No. 276-6-0, stated that reorganization (merger, accession, division, spin-off, transformation) in itself cannot be a basis for terminating employment contracts with employees. But if it is accompanied by an actual reduction in the number or staff of the organization’s employees, then the staffing table changes.

Accordingly, if positions cannot be preserved (they are not included in the new staffing table), then employers of legal entities A, B, C must carry out a reduction procedure.

The downsizing procedure must be carried out before the reorganization is completed.

During the downsizing process, employees must be offered transfer to vacant positions. If the employee agrees to the transfer, then an additional agreement must be concluded with him and an order for the transfer must be issued (Article 72.1 of the Labor Code of the Russian Federation).

Additional agreements are concluded by Director D as the legal successor of the reorganized legal entities.

If employees refuse the transfer or there are no vacancies, then dismissal is made by reduction (Clause 2, Part 1, Article 81 of the Labor Code of the Russian Federation) with payment of severance pay and preservation of the average monthly salary for the period of employment, provided for in Art. 178 Labor Code of the Russian Federation.

Also, if during the reorganization the terms of the employees’ employment contract change, they must be notified about this in the manner prescribed by Art. 74 of the Labor Code of the Russian Federation, no less than two months. If the employee agrees to the changes, an additional agreement to the employment contract is concluded. If you refuse to change the employment contract, employees must be offered existing vacancies. If you refuse to transfer to existing vacancies or in their absence, the employee can be dismissed due to refusal to continue working in new conditions on the basis of Part 1 of Article 77 of the Labor Code of the Russian Federation ().

Details in the materials of the Personnel System:

On what grounds can an organization fire its CEO?

The employment contract with the general director may be terminated:

Question from practice: in whose name should the general director write a letter of resignation at his own request?

The general director must notify the employer (sole participant (shareholder), chairman of the board of directors or general meeting, etc.) in writing of his desire to terminate the employment contract early no later than one month before the desired date of dismissal ().

When dismissing, in the work book of the general director, make a reference to Part 1 of Article 77 of the Labor Code of the Russian Federation (Rules approved, Instructions approved). At the same time, in the “Name, date and number of the document on the basis of which the entry was made,” indicate the decision of the owners (details of the minutes of the general meeting or the decision of the sole founder), on the basis of which the general director is dismissed, and certify the entry with the seal of the organization. Such explanations are contained in.

Question from practice: how long must the head of an organization give notice of voluntary resignation?

The head of the organization has the right to terminate the contract concluded with him at any time at his own request. However, he is obliged to notify the employer about this at least a month before the expected date of dismissal, regardless of the term of the employment contract concluded with him. Such rules are established by articles of the Labor Code of the Russian Federation. Similar explanations are given in.

The extended notice period is explained by the need to make a decision on changing the head of the organization: the general meeting, the board of directors, the owner of the property, etc. In particular, if the decision is made by the general meeting of the company’s participants, then they must be notified of the extraordinary meeting 30 days before the date its holding (). You can create such a notification in .

A question from practice: how long must the head of an organization give notice of voluntary resignation? An employment contract was concluded with the manager for a period of up to two months.

The head of an organization has a special legal status. In this regard, even if a fixed-term employment contract has been concluded with him for a period of up to two months, then when determining the notice period for dismissal, it is necessary to be guided not by the Labor Code of the Russian Federation, which provides for the possibility of warning of dismissal three days in advance in short-term employment relationships, but by the rules of the Labor Code of the Russian Federation. That is, the manager must notify of dismissal at least one month in advance, since this rule is special in relation to him. At the same time, this provision does not contain a clause regarding the terms of the employment contract concluded with the manager (unlike, for example, when terminating a fixed-term employment contract with a coach or athlete in a similar situation, established).

The extended notice period is explained by the need to make a decision on changing the head of the organization (by the general meeting, board of directors, property owner, etc.). The courts also point to this (see, for example,). Thus, the minimum notice period for holding a general meeting of LLC participants authorized to consider the issue of dismissal of the manager is 30 days (). In this regard, it is impossible to apply the rules of the Labor Code of the Russian Federation on a shortened notice period in short-term relationships. A similar opinion is expressed by Rostrud specialists.

Thus, a temporary manager, if a fixed-term employment contract has been concluded with him for a period of up to two months, must notify the employer of his voluntary dismissal in the general manner: no later than one month in advance. At the same time, if the parties reach agreement on the date of dismissal, it is possible at an earlier date (, Labor Code of the Russian Federation).

Special grounds for dismissal

What special grounds are provided for the dismissal of the general director?

Special grounds for dismissal of the general director include the following cases.

Attention: dismissal of the head of an organization for making an unreasonable decision and for a one-time gross violation of labor duties is a disciplinary measure. The procedure for imposing a disciplinary sanction must be carried out according to the rules of the Labor Code of the Russian Federation.

If this procedure is not followed, the court may declare the dismissal of the general director illegal and reinstate him. In this case, the organization will have to pay the manager for the entire time of forced absence. This is stated in the Labor Code of the Russian Federation.

Additional grounds for dismissal

What additional grounds are provided for the dismissal of the general director?

An employment contract with the general director can be terminated for additional reasons:

Additional grounds for dismissal of the general director are provided for in the Labor Code of the Russian Federation.

It should be noted that when terminating an employment contract with the general director by decision of the authorized body of a legal entity, it is not required to indicate the specific circumstances of the termination of the employment contract (). In addition, there is no need to notify the manager in advance of dismissal on this basis. As a general rule, in such a situation, the general director is entitled to (Art., Labor Code of the Russian Federation). The legitimacy of this position is also confirmed by lower courts, see, for example, the appeal rulings of the Moscow City Court.

Question from practice: how much compensation is due to a manager upon dismissal by decision of the owner?

Upon dismissal by decision of the owner, the general director is entitled to compensation. Pay compensation if the dismissal is not related to the guilty actions or inaction of the manager. The intended purpose of this payment is to compensate the dismissed employee to the maximum extent for the adverse consequences caused by the loss of work. The minimum amount of such compensation is three times the amount of the dismissed manager. The maximum amount of compensation is not limited by law, therefore compensation in a larger amount can be established in a local act, charter or employment contract with the manager.

If compensation is not established in an employment contract, local act or charter, then this is not a basis for non-payment at all. If an agreement on the amount of payment is not reached, then the amount of compensation is determined by the court taking into account the factual circumstances of the particular case, the purpose and purpose of this payment.

Such conclusions follow from the totality of the provisions of articles of the Labor Code of the Russian Federation.

Attention: a manager dismissed by decision of the owner without payment of compensation can go to court and demand not only payment of compensation with interest, but also compensation for moral damage. The legitimacy of this position is confirmed by judicial practice (see, for example,).

The amount of compensation for moral damage is determined by the court and indicated in its decision. In this case, judges must take into account the nature of the harm caused to the employee and the degree of guilt of the organization ().

Question from practice: is it possible to dismiss the general director if an open-ended employment contract has been concluded with him, but his term of office according to the charter has expired?

Yes, it is possible, but only on the basis of Article 278 of the Labor Code of the Russian Federation.

Any issues related to the activities of the company are regulated by its charter, including issues of hiring and dismissing the head of the company (laws,). If the term of office of the general director, determined by the charter, has expired, the authorized body or person of the organization, for example, the board of directors, meeting of participants or the sole founder, should make a decision on the election (appointment) of either the previous or new director for a new term.

If, by decision of the relevant body, the former director is re-elected to the same position, then the same applies.

If a decision is made to elect a new director, then the employment contract concluded with the previous director, on the basis of Article 278 of the Labor Code of the Russian Federation. It should be noted that when dismissing on this basis, the head of the organization must:

Documentation of dismissal

What documents need to be completed when dismissing the general director?

To terminate the employment relationship with the general director (regardless of), a decision of the owner of the organization’s property or the relevant authorized body is required. In joint stock companies, this is usually the general meeting of shareholders or the board of directors (supervisory board) (). In limited liability companies - the general meeting of participants (). Formalize the decision to terminate the employment contract with the general director. If there is only one shareholder (participant) in the company, then the dismissal of the general director is formalized by the decision of the sole shareholder (participant).

Based on the decision, issue an order for the dismissal of the general director according to a unified, approved, or according to.

In the work book of the general director, make an entry about the dismissal with reference to the decision of the owners (details of the minutes of the general meeting or the decision of the sole founder), on the basis of which the general director is dismissed (Instructions, approved, instructions, approved). The entry can be made by an employee responsible for maintaining work records in the organization, or a person specially authorized by the body that made the decision to dismiss the manager. In the latter case, this person must be indicated in the decision made (for example, the protocol). Under the dismissal record, the person responsible indicates his position, signs with a transcript and certifies the record with the seal of the organization. Next, he introduces the manager’s dismissal record, and he also puts his signature in the work book.

Similar explanations are contained in.

Question from practice: is it possible to dismiss the general director - the only founder by transfer to another organization to the position of general director, where he will also be the only founder

Dismissal by way of transfer to another organization does not contain restrictions on positions, so it can also be applied in the event of an employee being transferred from the position of director of one organization to the position of director of another organization ().

At the same time, it should be remembered that with the general director, who is also the sole founder of his organization, and therefore his dismissal is impossible. If he is not the only employee of the organization, he should decide to hire another general director instead of himself, and he, on the basis of his decision, becomes the general director of another organization established by him.

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

From the answer:How to formalize the dismissal of the CEO
- according to (Article , and Labor Code of the Russian Federation);
- according to (clause and part 1 of Article 81 of the Labor Code of the Russian Federation);
- By ().
- in connection with removal from office in accordance with insolvency (bankruptcy) legislation. If bankruptcy proceedings have been initiated against an organization, the arbitration court may remove the head of the debtor organization from office at the request of the temporary property manager of the organization ();
- in connection with the adoption by the authorized body of the organization (board of directors, general meeting of participants, general meeting of shareholders, manager) or the owner of the property (person authorized by the owner) of the organization of a decision on early termination of the employment contract (clause and article 32 of the Law of February 8, 1998 No. 14-FZ, ). A similar decision can be made by the owner of the property of a unitary enterprise in accordance with established ();
- on the grounds provided for in the employment contract with the head of the organization (Labor Code of the Russian Federation). For example, for failure to comply with the decision of the general meeting of participants (shareholders), causing losses to the organization or damage to its property.
From the answer: How to prepare personnel documents when reorganizing an organization

In what form can the reorganization of the organization be carried out?

Reorganization is regulated by the norms of the Civil Code of the Russian Federation and can occur in the forms, (). Regardless of the form of reorganization, labor relations with employees continue ().

The procedure for preparing personnel documents during reorganization should be distinguished from the procedure.

The procedure for personnel changes during reorganization

What does the HR department need to do when reorganizing an organization?

To formalize personnel changes during reorganization:

Drawing up staffing schedules and notifying employees during reorganization

How to draw up a staffing table when reorganizing an organization

First, the manager determines the structure, staffing and staffing levels of the successor organization. This is what he is for. This is stated in the guidelines approved.

In the staffing table, reflect the introduction and exclusion of new structural units and positions. If the reorganization is accompanied by a reduction in the number of employees, do not include the positions of employees subject to reduction in the new staffing table. This follows from.

Question from practice: is the employer obliged to notify employees about the upcoming reorganization?

The answer to this question depends on whether the terms of the employees' employment contracts change or not.

If the terms of employment contracts do not change after the reorganization, the employer may not notify employees (). In this case, employees may refuse to continue working due to the reorganization of the organization (). Therefore, warn employees about the upcoming reorganization by writing notifications in.

Registration of dismissals and changes in personnel documents in connection with the reorganization

How to fire an employee during an organization reorganization

Reorganization itself cannot be grounds for terminating an employment contract with an employee of the organization (). This is also noted by the courts, see. However, you can dismiss an employee in this situation:
- if the reorganization is accompanied by ();
- if an employee refuses to continue working due to reorganization ().

To formalize the dismissal of an employee, obtain his refusal to continue working in connection with the reorganization (). An employee can express his refusal by making an appropriate entry in or writing a separate statement in. Based on the formalized refusal, issue a dismissal order by or by and make an entry to the employee (Rules approved).

To formalize personnel changes in connection with the reorganization, issue an order in. For employees who agree to continue working after the reorganization, write a letter indicating the changed details of the employer (). In addition, new working conditions for employees, if they have been changed ().

Question from practice: is it necessary to make an entry about the reorganization in the employee’s work book?

Yes need.

According to Rostrud, an entry about the reorganization must be made in the work book, referring to the corresponding decision of the founders (another body authorized to do so by the constituent documents) ().

At the same time, neither the approved document nor the approved document contain the procedure for making an entry on the reorganization.

At the same time, the legislation provides for the procedure for making an entry in the work book about changing the name of the organization (Instructions approved). A similar procedure is recommended for making entries in the event of reorganization.

Thus, enter a record of reorganization in the same way as a record of renaming an organization. The order is as follows:

in columns 1 and 2 do not enter the serial number and date of entry;
in column 3, make an entry about the reorganization indicating its type (by, );
in column 4, enter the date and number of the decision on reorganization.

A question from practice: is it necessary to formalize the dismissal of the vice-rector and conclude an employment contract with him again during the reorganization of the educational institution. As a result of the reorganization, the employment contract with the rector is terminated

Yes need.

As a general rule, when reorganizing (). However, there is a special limitation regarding the term of service of vice-rectors. Thus, the validity period of the employment contract with the vice-rector cannot exceed the expiration date of the rector’s powers ().

Thus, if as a result of the reorganization the employment contract with the rector is terminated, then the employment contract with the vice-rector is also subject to termination. In this case, the organization should generally contact the vice-rector, including ().

If desired, the employer has the right to continue the employment relationship with the vice-rector after the reorganization. To do this, you need to conclude a new employment contract with the vice-rector on behalf of the reorganized organization. In this case, the validity period of such an agreement will not exceed the expiration date of the powers of the new rector ().

Question from practice: what to do if an employee holds the position of chief accountant in two organizations: at the main place of work and part-time. As a result of reorganization in the form of affiliation, the employee has only one place of work. The employee has a child under three years old and does not want to change working conditions

Reorganization (including in the form of affiliation) cannot lead to the dismissal of an employee in any of his places of work - neither his main job nor his part-time job (). The employer also does not have the right to dismiss this employee from her position in the affiliated organization in connection with its liquidation, since the rights and obligations of this organization are transferred to the new (reorganized) organization by way of succession (,).

In this regard, the reorganized organization is obliged to provide the employee with both jobs - both at the main place and part-time (). The provision of such work does not require special documentation, with the exception of an affiliated organization and.

If it is impossible to provide any type of work (for example, as in the situation under consideration, when), the employee will have a position for which work cannot be provided (in the affiliated organization). Simple need().

Since this employee has a child under three years of age, the reorganized organization does not have the right to reduce any of the positions she holds (in her main job or part-time) or both positions at the same time until her child reaches the age of three years, and also to dismiss the employee - chief accountant in connection with the change owner of the organization's property (). Therefore, the staffing table of the reorganized organization will include the position of chief accountant. In this case, in the “Number of staff units” opposite the position, you should indicate 1.5. In the “Notes” indicate: “One unit - part-time,” and provide a link to the document on the basis of which the reorganization took place (for example, an order of affiliation).

Only after the child turns three years old will the organization be able to decide to reduce the position of a part-time chief accountant in.

Transfer during reorganization

How to process the transfer of an employee during an organization reorganization

If an employee’s division changes during reorganization and he agrees to continue working, ().

If an employee was transferred to another organization due to reorganization, then he does not need to pay compensation for unused vacation. This is explained by the fact that after the reorganization, the organization’s employment relationship with the employee does not end, that is, it is considered that the employee continues to work in the same organization ().

Question from practice: what to do with an employee who is on parental leave during a company reorganization

Registration of relations with such an employee follows the general procedure.

The employee also needs to be notified of the upcoming reorganization. This can be done by registered mail. If an employee does not want to work under the new conditions, he can submit a statement of refusal to continue working after the reorganization. In this case, the employer has the right to dismiss in accordance with Article 77 of the Labor Code of the Russian Federation (). This basis for dismissal does not apply to dismissal at the initiative of the organization, which means that the employment contract can also be terminated during parental leave.

For more information on the procedure for preparing personnel documents during reorganization, see.

Transfer of personnel documents to the successor organization

How to transfer personnel documents to the successor organization during the reorganization of the organization

Personnel documents of a reorganized organization that ceases its activities must be kept by the successor organization to which its rights and obligations are transferred. An exception to this rule will be a reorganization in the form of a spin-off, in which only part of the personnel documents is transferred to the legal successor. This is due to the fact that during reorganization in this type, the reorganized organization continues its activities and only part of its rights and obligations passes to the legal successor. This conclusion can be drawn from the Civil Code of the Russian Federation.

An example of the preparation of personnel documents during reorganization in the form of affiliation

The general meeting of Alpha shareholders made a decision to reorganize Alpha in the form of a merger with the Hermes Trading Company.

The head of the organization approved the new edition of the Hermes staffing table according to. At the same time, the working conditions of Alpha employees did not change.

All Alpha employees were sent notices of the reorganization, in which they recorded their consent to continue working in the new organization.

When a certificate of termination of Alpha’s activities was received as a result of reorganization in the form of affiliation, the head of the organization issued.

Based on the order, changes were made to personnel documents: head of the personnel department E.E. Gromova completed and made the appropriate records for employees.
Inspectors from the State Tax Inspectorate are already working according to the new regulations. Find out in the magazine “Personnel Affairs” what rights employers and personnel officers have acquired since October 22 and for what mistakes they will no longer be able to punish you.

There is not a single mention of job descriptions in the Labor Code. But HR officers simply need this optional document. In the magazine “Personnel Affairs” you will find the latest job description for a personnel officer, taking into account the requirements of the professional standard.

Check your PVTR for relevance. Due to changes in 2019, provisions in your document may violate the law. If the State Tax Inspectorate finds outdated formulations, it will fine you. Read what rules to remove from the PVTR and what to add in the “Personnel Affairs” magazine.

In the Personnel Business magazine you will find an up-to-date plan on how to create a safe vacation schedule for 2020. The article contains all the innovations in laws and practice that now need to be taken into account. For you - ready-made solutions to situations that four out of five companies encounter when preparing a schedule.

Get ready, the Ministry of Labor is changing the Labor Code again. There are six amendments in total. Find out how the amendments will affect your work and what to do now so that the changes do not take you by surprise, you will learn from the article.

Carrying out reorganization work at enterprises certainly affects every employee. This process is often accompanied by changes in management and staff reductions.

The correctness of the procedure and registration of termination of relations with some employees is regulated by law. The employer must follow the established rules and make reductions according to the specified standards.

Dismissal due to enterprise reorganization - article of the Labor Code of the Russian Federation

In accordance with the Labor Code of the Russian Federation, the reorganization of an enterprise does not give rise to staff reduction. In fact, this process consists of changing the legal name or jurisdiction. In some cases, behind this process there is a change in the direction of the enterprise.

In any of these circumstances, the interests of all employees of the organization must be taken into account. Re-registration of a company may become a reason for voluntary termination of employment relations due to significant changes in the form of ownership or production.

If the merger process is also associated with a change of owner, then after re-registration the new director has the right to dismiss some of the employees and retain only the most competent ones.

The procedure for dismissal during enterprise reorganization

Dismissal during the reorganization of an institution requires compliance with a special procedure:

The possibility of terminating the relationship occurs only after a complete transfer of the enterprise from one owner to another or its merger;
An order is issued indicating the new legal data of the enterprise and the full names of the management personnel;
An order is issued indicating the need to reduce the number of employees, indicating their names and positions;
Personal notifications to those being laid off are carried out on behalf of the new employer. The notice is issued by hand or sent by registered mail;
After familiarization, the employee signs the received legal document indicating the date of familiarization;
Within the time limits specified by law, professional relationships with subordinates are terminated;
Employees are paid cash benefits, salaries and compensation amounts for annual rest days.

Dismissal during reorganization of an enterprise in the form of merger

The merger of an enterprise is its actual liquidation in one form and its revival in another. Therefore, you can fire an employee based on... Notification of staff reduction due to reorganization is given to the employee three full months before the date of termination of the contract.

If the termination process is not followed, the manager may be required to reinstate the dismissed employee and compensate for his illegal downtime.

Dismissal of a director during reorganization by merger

The dismissal of a manager during reorganization in the form of affiliation is an integral part of the changes being made. The organization merges and becomes part of another company, and the person in charge of the main enterprise becomes its direct director.

A change of director entails not only personnel, but also documentary changes. The direction of the organization is changing. As a result of the implementation of the relevant changes, the manager of the previous company or individual subordinates may be removed from office.

Dismissal due to enterprise reorganization - payments

Reduction of staff during the reorganization of the company entails mandatory compensation payments to laid-off employees.

Employees have the right to receive:

Earned wages for the last month of work;
Bonuses for work and official allowances;
Compensation for vacation days not taken off;
A layoff benefit in the form of one or two average monthly salaries.

All these payments should be calculated correctly and paid on the day of termination of the agreement and issuance of the work book. It is necessary to pay attention that the former employer must follow the established legal norms, otherwise his unlawful actions may entail liability.

Entry in the work book about dismissal due to reorganization

The entry in the work book is in full accordance with the issued order. In anticipation of making an entry about the termination of relations, it is necessary to make a note about changing the registration data of the organization.

The dismissal of an employee is recorded in the work book in full accordance with the reason specified in the order. The dates of termination of professional relationships must coincide. The work book must indicate the registration data of the dismissal order.

Order of dismissal due to reorganization - sample

The order completes the procedure for terminating the relationship with the dismissed person.
The order specifies the following points:

Details of the person being dismissed;
Date of dismissal of the employee;
Grounds for termination of cooperation;
Link to article of law.

The order is drawn up by a lawyer and signed by the director of the organization.

Any actions of the employer related to the termination of professional relations with subordinates must be carried out in accordance with legislative norms. Deviation from the established order can lead to serious problems.