Now in case of liquidation of a legal entity, the employee must receive all payments prior to completion of the liquidation, or in a lump sum in compensation: that is, in addition to severance pay the employer will transfer him two more in the amount of the average wage each. “All payments to the displaced employee in an organization should be listed before the closure of the organization to the tax. At the time of application about entering of information about the liquidation in the register, the fact of holding all payments must be confirmed”, – have informed in the Ministry of labor.
Workers, who are under the reduction of number or staff, may also qualify for these payments, if you stand on the account in the employment center within two weeks from the date of dismissal and be unemployed more than a month. The first payment, the employer will transfer the application within 15 days after the second month, the second – by the decision of the employment center within 15 days of the expiry of the third month.
In the new edition of article 178 of the TC to get paid in full, and in proportion to the period during which the person was registered as unemployed. Workers of the far North and equated localities with the reduction of can get the payment within six months from the date of dismissal, provided that during this time you will not be able to find a job and will be officially unemployed. In the center of employment, they must apply for 14 days from the date of dismissal. In the event of liquidation of the organization in day of dismissal in compensation or in part, but prior to the termination of the legal person, the employer is obliged to remit payment in the amount of five average salaries.
In a statement on the liquidation of the legal entity the employers would be required to provide information confirming the payment of terminated employees. The earlier order, which allowed the employer to complete the liquidation of the legal person before the expiration of two months from the date of dismissal, created a legal vacuum and violated the rights of the employee.
