Changing the terms of the employment contract when changing the owner of the organization’s property, changing the jurisdiction of the organization, or its reorganization

Regulatory legal acts upon dismissal due to a change of owner

Consideration of the procedure for dismissing an employee during a change of owner implies a close connection between the labor and civil codes of the Russian Federation, which explain in detail the rights and obligations of both parties.

Article 75.81 of the Labor Code of the Russian Federation presents all categories of employees who are subject to dismissal upon a change of ownership and specifies the time frame for resolving the issue that has arisen. The Civil Code provides for the consideration of disputes between two parties during the procedure.

An important aspect when transferring property into private ownership is the Law “On Privatization dated December 21, 2001 No. 178 FZ. This provision is necessary when considering a possible dispute over ownership.

When resolving labor disputes, it is necessary to submit the Supreme Court Resolution No. 2 of March 17, 2004, which contains all the necessary information on the legality of the procedure in accordance with the law.

Important

Dismissal of an employee upon a change of owner is impossible without a legal basis prescribed in the current legislation of the Russian Federation. If there is no basis, the procedure will be carried out in violation of the law.

https://youtu.be/TRElaS6bd20

Is it possible to reduce staff if the owner of the organization changes?

The inability to fire an ordinary employee based on the fact of a change in ownership does not cancel dismissal in the future: for example, he can be laid off later. However, Part 4 of Art. 75 of the Labor Code of the Russian Federation protected employees and made layoffs possible only after registration of the transfer of ownership. That is, in the process of transferring rights from the previous owner to the new one, staff cannot be reduced.

The procedure for dismissal due to reduction (if the new owner, having assumed his rights, makes such a decision) is standard. That is, the employer must comply with the rules established by Art. 180 Labor Code of the Russian Federation:

inform the employee in writing and against signature of the intention to dismiss due to reduction;
offer another suitable job.

The two-month period that an employee has the right to work after receiving notice of dismissal due to staff reduction can be reduced by agreement of the parties, subject to compensation of average earnings for the remaining time worked. In this case, it is necessary to take into account the norms of the Labor Code on benefits in relation to maintaining jobs for individual employees.

Often, an employer, not wanting to wait for the registration of the transfer of rights to the organization’s property, forces the employee to resign in accordance with paragraph 6 of Art. 77 Labor Code of the Russian Federation. In such a situation, in order to be reinstated at work, the dismissed person will have to prove the fact of violation of his rights, that is, the absence of intention to resign on such grounds.

Cases of changes in the ownership of an organization

When studying legal acts of legislation, it is impossible to present a clear concept of a change of owner in any organization. At the same time, some provisions explain the procedure for completing the procedure:

in accordance with the resolution of the Plenum No. 2, paragraph 32 of the Supreme Court, a change of ownership is considered to be the transfer of property rights from one person to another;
The first article of Law No. 178 FZ implies a change of owner during the privatization of an enterprise and its subsequent transfer to private ownership. In this case, the procedure should be free of charge;
Art. 235 Civil Code of the Russian Federation and 2 art. 218 of the Civil Code of the Russian Federation considers the process of transferring property from private individuals to the state through transactions for the alienation of property (purchase and sale).

In order to carry out the transfer of property, state registration of property is required in accordance with the norms of the Civil Code of the Russian Federation. Registration of the procedure is possible subject to compliance with the above-described legal provisions prescribed in the current legislation.

A change of owner is considered to be a change in legal entity, the concept of which is clearly defined in Art. 48 Civil Code of the Russian Federation:

a legal entity is understood as an organization that has separate property, is responsible in court and fulfills all necessary obligations;
mandatory registration of a legal entity in the unified state register;
state and municipal institutions are classified as legal entities, since their founders have certain rights to this property;
Corporate organizations are also legal entities because their members have corporate rights.

For your information

A change in the composition of the founders is not a change in ownership, therefore, in this case, the dismissal procedure is not applicable. It is important to distinguish this concept when making an appropriate decision.

Definition of the concept

Change of ownership is the process of transferring property rights in the aggregate to an enterprise from one person or several to another or several.

It should be taken into account that if the property is formed on the basis of contributions from the founders, then the owner is considered to be the company as a legal entity. An individual founder has only obligations and rights in relation to the property.

Important

A change in the composition of founders is not a change of owner; a change of founders can be regarded as a change of owners only in the event of a transfer of an entire enterprise from one hand to another, for example, the only founder sells property.

The concept of a change of owner is specified in more detail in the following legislative acts:

clause 3 art. 213 of the Civil Code of the Russian Federation regarding the determination of the owner in commercial and non-profit organizations with the exception of state and municipal enterprises;
Art. 113, 120 of the Civil Code of the Russian Federation indicates the right of ownership in unitary enterprises and institutions.

In addition, it is important to understand that this person must be the owner of all property as a whole, this takes into account the rights to state-registered real estate and material assets as well.

There is an entire article in the Labor Code of the Russian Federation that regulates the legal relationship between an employer and a subordinate when transferring property rights - Art. 75 Labor Code of the Russian Federation. At the same time, it contains separate provisions in relation to enterprises, legal entities, and other persons, for example, entrepreneurs.

Information

This document indicates the right of the new employer, in compliance with the deadlines from the moment of receipt of rights to property, to terminate the contract with the persons specified in legislative acts.

Categories of employees subject to dismissal

The concept of a change in the owner of an organization does not have direct legal grounds for terminating an employment relationship. The new owner has the right to use Art. 75 of the Labor Code of the Russian Federation and dismissal of workers in such positions:

head of the enterprise;
assistant managers;
Chief Accountant.

Important

The above list of positions subject to dismissal is final, therefore, in case of violation of the law, the injured party has the right to file a claim in court.

In some cases, employers often fire employees who are not listed in the above list, therefore, when the case is considered in court, a positive satisfaction of the claim will be in favor of the dismissed employee (decision No. 33-175-15 of 01/12/2015).

For your information

When there is a change of owner, employees of the relevant enterprise have the right to dismiss at their own request due to changed circumstances (Clause 6, Article 77 of the Labor Code of the Russian Federation). The procedure is carried out according to the usual algorithm by submitting an application to the personnel department.

Notifying employees about a change of ownership

The new owner is obliged to inform employees about the change in subordination, ownership, and procedures in the company. In some cases, such a change may be accompanied by the need to make additions to the work book (if the company changes its name after reorganization, spinoff, or merger).

Notification to workers must be personal. It is allowed in such notifications to include blocks where the employee will express his attitude towards further work at the enterprise. To do this, you need to indicate “agree” or “disagree”, put a date and signature.

The Labor Code of the Russian Federation provides for the norm for terminating further cooperation with an organization at the initiative of the employee if he is not satisfied with the new owner. To use this rule, you will need to write an application addressed to the new owner, referring to clause 6 of the first part of Art. 77 Labor Code of the Russian Federation. It is important to take into account that the norm for changing ownership is maintained. The arrival of a new shareholder should not be equated with a change of owner. Termination of an employment contract by an employee is possible at his own request, or by agreement of the parties.

Remember, in each of the listed cases, termination of further labor cooperation is carried out at the initiative of the employee. Therefore, there are no compensation payments from the administration here.

When an employee cannot be fired under the current circumstances

Dismissal of an employee upon change of ownership cannot be carried out if the employee is currently on sick leave or on vacation.

The current legislation of the Russian Federation provides for cases in which the dismissal of certain categories of employees is prohibited:

pregnancy in women;
single mothers with minor children under 14 years of age or with disabilities;
women with small children under 3 years of age;
workers raising a child without a mother;
sole breadwinners in a family with children under 3 years of age;
the employee has a large family in which he is one employed person.

Who can be fired due to a change of ownership?

In itself, a change in the ownership of the property of the employing enterprise does not provide an independent reason for terminating labor relations with members of the team. But the new owner can use the provisions of Art. 75 of the Labor Code of the Russian Federation and change the manager, his deputies and the chief accountant, dismissing the previous ones under clause 4 of part 1 of art. 81. The list of employees subject to dismissal on this basis is exhaustive and cannot be expanded. That is, all other employees continue to work as before, maintaining the volume of job functions, wages, etc.

Employers are often confused in defining managers, deputies and accountants, dismissing commercial directors, heads of structural divisions, deputy chief accountants, etc. Since Art. 75 of the Labor Code there is a clear list of employees who are subject to dismissal due to a change in the owner of the organization; in such situations, the court takes the side of the plaintiff and reinstates the employee who is not on this list. In particular, such decision No. 33-175/15 was made by the Moscow City Court on January 12, 2015.

IMPORTANT! Despite the fact that employees not mentioned in Art. 75 of the Labor Code of the Russian Federation, by default they cannot be dismissed on the specified grounds; they have the right to stop working at the enterprise. To do this, you just need to submit the corresponding application in writing to the manager personally or otherwise. In this case, the employer does not have the right to interfere with the employee’s initiative and must fire him due to the employee’s refusal to continue working due to a change in the owner of the organization’s property, that is, according to clause 6 of Art. 77 of the Labor Code of the Russian Federation or other acts do not contain provisions on mandatory monetary payment upon dismissal in such cases.

Is it legal to dismiss the chief accountant?

The presence of chief accountants in the list of employees eligible for dismissal due to a change of ownership often causes bewilderment - after all, they do not directly manage the enterprise and do not make management decisions. This bewilderment became so widespread that it became the reason for filing a complaint with the Constitutional Court of the Russian Federation in order to recognize the provisions of Art. 75 of the Labor Code of the Russian Federation do not comply with the basic law of the country in terms of allowing the dismissal of chief accountants due to a change in the owner of the enterprise.

However, the Constitutional Court, in its ruling dated May 27, 2010 No. 699-О-О, recognized the norm as constitutional, explaining that the increased responsibility of the chief accountant is natural due to the peculiarities of his professional activity.

When is it wrong to fire managers and the chief accountant?

In this case, as with the termination of an employment contract for any other reasons, the rule prohibiting dismissal during vacation or while the employee is on sick leave applies.

IMPORTANT! When deciding to dismiss the management of an organization due to a change of owner, the employer should remember the obligation to preserve jobs for the following categories of employees:

women in a state of pregnancy;
single mothers with children under 14 years of age or disabled minors;
women with children under 3 years of age;
other employees raising children without mother's care;
the sole breadwinners of disabled minor children, children under 3 years of age in large families, if the second parent is not employed.

Registration of the dismissal procedure

Important

Dismissal can be carried out no later than 3 months from the date of change of ownership of the organization’s property.

issuing a written notice to the employee about the upcoming termination of the employment relationship (not a mandatory item, since the Labor Code of the Russian Federation does not establish the employer’s obligation to notify employees in advance about the termination of the employment contract);
issuance of a dismissal order, which is signed by the employee and the new head of the enterprise, as well as by an employee of the human resources department;
full settlement with the dismissed employee and payment of all necessary monetary compensation;
making an entry in the work book and saving a copy in the archive of the enterprise;
issuance of a work book and a special journal entry to record the movement of documentation.

For your information

The new owner of the enterprise may, if desired, offer the dismissed employee a transition to a new position, subject to the consent of the employee.

How to write a term paper on speech therapy

07.09.2010 169340

These guidelines are compiled to help students gain an understanding of the content and structure of coursework in speech therapy.

Logopedia of pedagogical science that studies anomalies of speech development with normal hearing, explores the manifestations, nature and mechanisms of speech disorders, develops the scientific basis for overcoming and preventing them means of special training and education.

The subject of speech therapy as a science is speech disorders and the process of training and education of persons with speech disorders.

The object of study is a person suffering from a speech disorder.

The main task of speech therapy as a science is the study, prevention and elimination of various types of speech disorders.

Coursework in speech therapy is a student's scientific and experimental research. This type of educational activity, provided for by the educational and professional program and curriculum, contributes to the acquisition of skills in working with literature, analyzing and summarizing literary sources in order to determine the range of insufficiently studied problems, determining the content and methods of experimental research, processing skills and qualitative analysis of the results obtained. The need to complete coursework in speech therapy is due to the updating of knowledge concerning the content, organization, principles, methods and techniques of speech therapy work.

As a rule, during their studies, students must write two term papers - theoretical and practical.

The first course work should be devoted to the analysis and synthesis of general and specialized literature on the chosen topic. Based on this analysis, it is necessary to justify and develop a method of ascertaining (diagnostic) experiment.

In the second course work, it is necessary to provide an analysis of the results obtained during the ascertaining experiment, as well as determine the directions and content of speech therapy work, and select adequate methods and techniques of correction.

So, let’s present the general requirements for the content and design of coursework in speech therapy.

The initial and most important stage of working on a course project is the choice of a topic, which is either proposed by the supervisor or chosen by the student independently from a list of topics that are consistent with the areas of scientific research of the department.

Each topic can be modified, considered in different aspects, but taking into account a theoretical and practical approach. Having chosen a topic, the student needs to think through in detail its specific content, areas of work, practical material, etc., which should be reflected both in the formulation of the topic and in the further construction of the study. It should be recalled that the chosen topic may not only have a purely theoretical orientation, for example: “Dysarthria. Characteristics of the defect”, “Classification of dysgraphia”, but also take into account the practical significance of the problem under consideration, for example: “Speech therapy work on speech correction for dysarthria”. It should also be taken into account that when formulating a topic, excessive detail should be avoided, for example: “Formation of prosodic components of speech in preschoolers of the sixth year of life attending a preschool institution for children with severe speech impairments.”

The course work includes such mandatory parts as: introduction, three chapters, conclusion, bibliography and appendix.

The text of the term paper begins with the title page . An example of its design can be seen here.

Then the content of the work is given, in which the names of chapters, paragraphs, and sections are formulated in strict accordance with the content of the thesis. An example of its design can be seen here.

In the text, each subsequent chapter and paragraph begins on a new page. At the end of each chapter, the materials are summarized and conclusions are formulated.

The introduction reveals the relevance of the problem under consideration in general and the topic being studied in particular; the problem, subject, object, and purpose of the study are defined. In accordance with the goal and hypothesis, objectives and a set of research methods aimed at achieving the objectives must be defined.

The relevance of the topic lies in reflecting the current level of pedagogical science and practice, meeting the requirements of novelty and usefulness.

When defining the research problem, it is important to indicate what practical tasks it will help to implement in training and educating people with speech pathology.

The object of research is understood as certain aspects of pedagogical reality, perceived through a system of theoretical and practical knowledge. The ultimate goal of any research is to improve this object.

The subject of research is some part, property, element of an object, i.e. the subject of research always indicates a specific aspect of the object that is to be studied and about which the researcher wants to gain new knowledge. An object is a part of an object.

You can give an example of the formulation of the object, subject and problem of research:

– The object of the study is the speech activity of preschool children with phonetic-phonemic speech disorders.

– The subject of the study is the features of intonation speech of children with phonetic-phonemic speech disorders.

– The research problem is to determine effective directions for speech therapy work on the formation of intonation expressiveness of speech in the system of correctional intervention.

The purpose of the study contributes to the specification of the object being studied. The goal of any research is to solve a specific problem. The goal is specified in tasks taking into account the subject of research.

The research objectives are formulated in a certain sequence, which determines the logic of the research. The research objectives are set on the basis of a theoretical analysis of the problem and an assessment of the state of its solution in practice.

The first chapter is an analysis of literary sources, which examines the state of this problem in historical and modern aspects, and presents the most important theoretical principles that formed the basis of the study.

When writing the first chapter, you should pay attention to the fact that the text of the course work must be written in a scientific style. When presenting scientific material, it is necessary to comply with the following requirements:

– Specificity – a review of only those sources that are necessary to disclose only a given topic or solve only a given problem;

– Clarity – which is characterized by semantic coherence and integrity of individual parts of the text;

– Logicality – which provides for a certain structure of presentation of the material;

– Reasoning – evidence of thoughts (why this and not otherwise);

– Precision of wording, excluding ambiguous interpretation of the authors’ statements.

A literary review of the state of the problem being studied should not be reduced to a consistent presentation of literary sources. It should present a generalized description of the literature: highlight the main directions (currents, concepts, points of view), analyze in detail and evaluate the most fundamental works of representatives of these directions.

When writing a work, the student must correctly use literary materials, make references to the authors and sources from which the results of scientific research are borrowed. Failure to provide required references will reduce your coursework grade.

As a rule, in coursework on speech therapy, references to literary sources are formatted as follows: the number of the cited source in the general list of references is placed in square brackets. For example: General speech underdevelopment is a speech pathology in which there is a persistent lag in the formation of all components of the language system: phonetics, vocabulary and grammar [17].

When using quotations, in square brackets, in addition to indicating the source number, the page number from which this excerpt is taken is indicated, for example: Speech rhythm is based on a physiological and intellectual basis, since, firstly, it is directly related to the rhythm of breathing. Secondly, being an element that performs a communicative function, “correlates with meaning, i.e. controlled intellectually” [23, P.40].

However, course work should not be of a purely abstract nature, so you should not abuse the unreasonable abundance of citations. Quoting should be logically justified, convincing and used only when really necessary.

In the second chapter , devoted to experimental research, the organization should be described and the program of the ascertaining experiment should be presented. The survey methodology, as a rule, consists of a description of several series of tasks, with detailed instructions, visual and lexical material, the procedure for completing tasks by experiment participants, and scoring criteria. This chapter also provides a qualitative and quantitative analysis of the results obtained.

When analyzing the results of an experiment, it is necessary to use a scoring system. Examples of various criteria for quantitative and qualitative assessment are presented in the following works:

– Glukhov V.P. Formation of coherent speech in preschool children with general speech underdevelopment. - M.: Arkti, 2002. - 144 p.

– Fotekova T.A. Test methodology for diagnosing oral speech of primary schoolchildren. - M.: Arkti, 2000. - 56 p.

– Levchenko I.Yu. Pathopsychology: Theory and practice. - M.: Academy, 2000. - 232 p.

In order to visually present the results obtained during the experimental study, it is recommended to use tables, graphs, diagrams, etc. Histograms can be used in a variety of ways - columnar, cylindrical, planar, volumetric, etc. An example of the design of tables, figures, and histograms can be found here.

The third chapter provides a rationale for the proposed methods and techniques and reveals the content of the main stages of correctional work.

The conclusion contains a summary of the material presented and the main conclusions formulated by the author.

The bibliography must contain at least 25 sources. The list includes bibliographic information about the sources used in preparing the work. An example of its design can be seen here.

In the application you can present bulky tables or illustrations, examination protocols, observation records, products of activity (drawings, written works of children), notes from speech therapy classes, etc.

The volume of one course work must be at least 30 pages of typewritten text.

In general, coursework in speech therapy is the basis for a future thesis, in which the study of the begun problem can be continued, but from the standpoint of a different approach or a comparative analysis of the disorders being studied in different age categories of people with different types of speech disorders.

The content and format of theses in speech therapy can be found here.

Literature:

1. How to write a term paper on speech therapy: Methodological recommendations. Educational and methodological manual / Comp. Artemova E.E., Tishina L.A. / Ed. Orlova O.S. – M.: MGOPU, 2008. – 35 p.

2. Research work of students in the system of higher professional pedagogical education (specialty 031800 - Speech therapy). Methodological recommendations for completing the thesis / Compiled by. L.V. Lopatina, V.I. Lipakova, G.G. Golubeva. - St. Petersburg: Publishing house of the Russian State Pedagogical University named after. A. I. Herzen, 2002. - 140 p.

Entry in the work book

When an employee is dismissed due to a change of owner, a special entry is made in the work book, which is the basis for the procedure (Resolution of the Ministry of Labor of the Russian Federation No. 69 of March 10, 2013).

After entering the date in the column “employment information”, indicate the following text: “dismissed due to a change of owner, paragraph 4, part one, art. 81 Labor Code of the Russian Federation." The last column indicates the number and date of the order, which is the basis for dismissal.

The completed book is given to the dismissed employee with the company seal affixed, the signature of the HR department employee and the owner of the document. All data is entered into the accounting book, which is subsequently archived and remains at the enterprise.

Article of the Labor Code of the Russian Federation for termination of contracts

Labor legislation provides for two articles of dismissal upon change of owner:

fourth paragraph of Art. 81 of the Labor Code of the Russian Federation - grounds for dismissal at the request of the employer: the manager, his deputies and the chief accountant;
sixth paragraph of Art. 77 of the Labor Code of the Russian Federation - settlement of an employee on his personal initiative in case of refusal to work due to a change of owner.

After taking ownership, the new owner may decide to reduce staff or headcount.

Then the article of the Labor Code of the Russian Federation will be different - clause 2 of Art. 81 Labor Code of the Russian Federation.

Payments upon dismissal

The procedure for processing payments in connection with a change of owner is carried out in accordance with Art. 181 Labor Code of the Russian Federation. Upon termination of an employment contract with a manager, chief accountant or deputy. boss, the new owner is obliged to pay benefits in the amount of three months' salary (with the exception of cases provided for by law).

Also, the dismissed employee receives the rest of his salary and compensation for unused vacation.

Art. 279 of the Labor Code of the Russian Federation provides for the mandatory payment of compensation to the manager upon termination of an employment contract. The amount must be at least three times the average monthly salary.

The compensation amount does not include the following charges:

salary balance;
saved salary in case of business trip, vocational training or additional education;
reimbursement of expenses incurred during business trips or moving to another region;
compensation for all unused vacations;

Important

The manager has the right not to pay benefits if the reason for dismissal is disciplinary action for a number of reasons (violation of the Labor Code of the Russian Federation).

The procedure for terminating labor relations with employees

The procedure for terminating employment contracts may differ depending on the grounds. Let's consider step by step how to fire staff if the procedure for changing the owner of the organization has been carried out.

Dismissal at the initiative of the employer during a change of owner contains several main stages:

Within three months from the date of receipt of ownership rights, the owner of the company makes a decision on dismissal in the form of an administrative act or minutes of a meeting of the management body. If the employer fails to meet the deadline established by law, it will no longer be possible to calculate the listed personnel on the basis of a change of ownership.
Delivery of notice of termination of an employment contract. The notification does not have a special form and can be issued in free form, but with mandatory references to the Labor Code of the Russian Federation.
Filling out the employee’s personal card, created on the day of reception. The employee's due accruals and deductions are made.
Issuing an order for dismissal, form T-8 . The employee must be familiar with the document before signing.
Making an entry in the work book. This is done by a personnel employee or other person responsible for storing and maintaining work records. All entries are made in the document on the basis of instructions approved by Resolution No. 69.
On the last working day, the employee is given a work book and a full payment.

If the new owner decides not to fire management, but the employee himself does not want to stay, he has the right to write a written refusal to continue working. But he will no longer be able to count on severance pay.

Important! When the owner of the company changes, all employees have the right to refuse further work.

The procedure for dismissing personnel due to a change in the owner of the enterprise:

The employee writes a written refusal to work under the new owner. The law does not establish a deadline for filing an application. Typically, such an application is issued in response to a notice of reorganization, but can be submitted much later. The employee retains the right to withdraw the application until the day of departure (inclusive).
The employer can offer other positions to the employee, and if he refuses to continue working, the dismissal procedure is initiated.
An order to terminate the employment contract is drawn up , with which the employee must be familiarized with his signature.
A full payroll calculation is made, all necessary deductions are made, and the employee’s personal card is filled out.
An entry is made in the work book.
On the day of dismissal, the employee receives a paycheck, a work book and the necessary certificates.

In both cases, the employee must receive full payment. It includes wages for actual time worked and compensation for unused vacation.

According to Art. 181 of the Labor Code of the Russian Federation, upon dismissal at the initiative of the organization, the dismissed manager will receive an additional severance pay in the amount of not less than three times the average salary.

If an employee leaves on his own initiative due to a change of ownership, he will not receive severance pay.

After state registration, the new owner has the right to revise the staffing table and reduce staff. But the basis for dismissal here will be somewhat different - “due to staff reduction.”

This is another article of the Labor Code of the Russian Federation; it implies payment of severance pay and payment of the employee’s average earnings for a period of unemployment for up to 3 months.

In such circumstances, the employer must notify staff of the layoff in writing 2 months in advance. Additionally, he notifies the labor exchange about the released people.

What documents need to be completed?

When dismissing personnel due to a change of ownership, the following documentation is drawn up:

The decision to terminate employment contracts is if the new owner wishes to dismiss the manager, his deputies or the chief accountant.
Notification of dismissed persons at the initiative of the employer. This document is not legally binding.
Act of acceptance and transfer of cases. Usually it is drawn up upon the dismissal of persons in management positions for the transfer of: valuables, documents, electronic signatures and keys.
An application for resignation due to a change of ownership is an actual refusal to work. There is no need to arrange it in advance. The employer will make the payment at the time required by the employee.

An example of a refusal:

To the head of Mak LLC
Mukhina A.A.
from the working SGP
Romashkina A. A.
Statement
Based on Art. 75 of the Labor Code of the Russian Federation I refuse to work in a company due to a change of owner
01/25/2018 Signature Romashkin A. A.

Order of dismissal one T-8 employee or several T-8 employees a. It is allowed to use other forms of orders if they are approved by the company’s manager. Main points of the document:
Company name;
Title of the document;
order number and date of issue;
FULL NAME. position and structural unit of the dismissed person;
grounds for dismissal and its date;
attached supporting documents;
manager's signature;
employee familiarization visa.
Closing an employee's personal card. The dismissed person must put his signature in specially designated areas of the document.
An entry is made in the employee’s work book about the actual dismissal under the relevant article.
Certificates are issued: 182-N and SZV-STAZH. If an employee needs other certificates or copies of documents, he has the right to make a written request. The employer must issue them within 3 days.

If the employer has already taken ownership and has come to the conclusion to carry out a reduction, the following is issued: an order to reduce staff, a notice of upcoming dismissal for each employee.

Sample book entry

An entry in the work book regarding dismissal based on a change of owner can be of two types:

“Dismissed due to a change in the owner of the property, clause 4, part 1, art. 81 Labor Code of the Russian Federation."

An example of making an entry in a work book:

“Dismissed due to refusal to continue working due to a change of owner, clause 6, part 1, art. 77 Labor Code of the Russian Federation."

An example of making an entry:

If the contract is terminated due to staff reduction, the entry must refer to the second paragraph of Art. 81 Labor Code of the Russian Federation. Here reference to a change of owner is no longer made.

Consequences for the employer

If the rights of a dismissed citizen are violated and labor legislation is not observed, the employee has the right to file a claim to restore the lost position.

If the departmental structure of the enterprise has changed, then this aspect is not grounds for forced dismissal. If desired, the new owner can dismiss workers due to layoffs or for any other reason prescribed in the Labor Code of the Russian Federation.

Violation of norms upon dismissal due to a change of ownership implies liability by the employer in accordance with Art. 5.27 Code of Administrative Offences. The solution to the issue of eliminating the management staff may be alternative proposals for transfer to another position, subject to the consent of the person concerned.

Employer's liability

If the employee’s rights have been infringed, he has the opportunity to go to court in compliance with the deadlines in accordance with Part 1 of Art. 392 of the Labor Code of the Russian Federation, which states that in case of dismissal, filing a claim must take place within a month from the date of receipt of the work book.

Important

When an employee achieves justice in court, the employer will bear administrative liability in accordance with Art. 5. 27 Code of Administrative Offences.

This article is used in many cases of unlawful action on the part of the owner in the process of dismissing an employee. According to its points, the employer faces penalties in the amount of 1,000 - 5,000 rubles, the enterprise also falls under penalties and pays a fine of 30,000 to 50,000 rubles.

Is it possible to challenge dismissal?

When considering the question of whether it is possible to challenge dismissal in connection with a change of owner, it should be understood that consideration of the case in court implies the presence of irrefutable evidence that the rights of the dismissed employee were violated during the procedure.

It is best to file a claim directly to the court, since when considering the case, the plaintiff’s costs are minimal, and if the claim is satisfied, it is possible to receive compensation for moral damage caused.

Violation of employee rights occurs in the following cases:

lack of written form of the concluded employment contract;
incorrect entry of data into the document;
termination of a contract with a person who is not included in the category of employees subject to dismissal upon a change of ownership.

If the claim is satisfied, the employee can count on reinstatement and receiving his previous job with the same salary. Corresponding changes are made to the work book and personal card.

MY RIGHTS: HOW TO PROTECT YOUR RIGHTS

Labor legislation on termination of an employment contract and dismissal of an employee upon change of owner and reorganization of the organization

In this material, we will consider the procedure for terminating an employment contract and dismissing an employee when changing ownership and reorganizing an organization in the two most common situations in practice:

change in the jurisdiction (subordination) of the organization, reorganization of the organization, change in the type of state or municipal institution;
change of owner of the organization's property.

The procedure for terminating an employment contract and dismissing an employee when changing the jurisdiction (subordination) of the organization, reorganizing the organization, changing the type of state or municipal institution

The founder (participant, owner) of the organization has the right:

reorganize the organization,
change the jurisdiction (subordination) of the organization,
and also change the type of state or municipal institution.

Unlike the employer, the founder (participant, owner) of the organization:

is not a party to the employment contract.

Reorganization of a legal entity means:

termination of the existence of a legal entity with the transfer of its rights and obligations to other persons;
in this way, reorganization differs from the liquidation of a legal entity, which does not imply succession;
the introduction of bankruptcy proceedings is not a form of reorganization.

In this case, reorganization, change of jurisdiction (subordination) or type of institution:

are not grounds for terminating employment contracts with employees.

Part 5, Article 75 “Labor relations when changing the owner of the organization’s property, changing the jurisdiction of the organization, its reorganization, changing the type of state or municipal institution” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

During the reorganization of the organization, labor relations with employees continue:

employees do not need to be fired and hired into a new organization, including through transfer;
if other terms of the employment contract do not change, adjustments must be made to the current employment contract, as well as to the work book, in terms of the name and details of the new employer and no more;
the employer's attempts to dismiss workers from the reorganized enterprise and then hire (all or part of the workers) to the reorganized enterprise are illegal, since in violation of Part 5 of Article 75 of the Labor Code, the employment contract with the employee is terminated;
concluding a new employment contract with an employee to replace the terminated one also contradicts current labor legislation.

The specified requirements of labor legislation for the procedure for terminating an employment contract and dismissing an employee upon a change of owner and reorganization of the organization refer to the following types of reorganization of the organization:

merger of two legal entities;
merger of one legal entity with another legal entity;
division of one legal entity into several legal entities;
separation of one or more legal entities from a legal entity;
transformation of one legal entity into another legal entity (change of the organizational and legal form of the legal entity).

In this case, the employer is obliged:

make a record of the changes made in the workers’ work books,
and also formalize changes in the employment contract with the employee.

If the terms of the employment contract do not change:

the employee’s consent to continue working after the reorganization is not required,
but the employee has the right to refuse to continue such work;
if an employee refuses to continue working due to reorganization, a change in jurisdiction (subordination) or a change in the type of state or municipal institution, the employment contract with him is terminated on the basis of clause 6, part 1, art. 77 Labor Code of the Russian Federation;

clause 6, part 1, article 77 “General grounds for termination of an employment contract” of the Labor Code

the employee’s refusal to continue working must be received in writing.

Dismissal if the employee refuses to continue working in connection with the reorganization:

the prerogative of the new employer.

Article 76 “Suspension from work” of the Labor Code

The procedure for terminating an employment contract and dismissing an employee when the owner of the organization’s property changes

Change of owner of the organization's property:

a change in the composition of the founders (participants) of the relevant legal entity cannot be considered as a change in the owner of its property;
replacing the head of a legal entity with an arbitration manager during the bankruptcy process does not mean a change in the owner of the organization;
a change in the owner of an organization is not always accompanied by a change in the employer—a legal entity.

If the owner of the organization has changed, but the employer remains the same:

no adjustments are made to the employment contract or work book.

An individual entrepreneur may be the owner and employer in one person:

in this case, a change of owner always means a change of employer;
The entrepreneur acquires new property as a new owner, and adjusts (terminates) employment contracts and makes entries in the work book as a new employer.

The act/agreement must always indicate the legal status of the individual who signed it:

owner or
employer.

Ownership of an enterprise passes from the moment of state registration of this right.

Clause 1 of Article 564 “Transfer of ownership of an enterprise” of the Civil Code of the Russian Federation (as amended on April 18, 2018)

When the owner of the property changes, the new owner has the right:

carry out measures to reduce the number or staff of employees only after state registration of the transfer of ownership.

The new owner of the property has the right, no later than 3 months from the date of emergence of ownership rights, to terminate the employment contract with the following employees:

Head of the organization
deputy head of the organization
Chief Accountant.

The employment contract with the named employees is terminated:

on the basis of clause 4, part 1, article 81 “Termination of an employment contract at the initiative of the employer” of the Labor Code
taking into account the guarantees provided for in Article 181 “Guarantees to the head of the organization, his deputies and the chief accountant upon termination of the employment contract due to a change in the owner of the organization’s property” of the Labor Code.

Moreover, if within 3 months from the date the new owner acquires ownership rights, he does not terminate employment contracts with the specified persons:

then in the future he will be able to terminate employment contracts with them only on a general basis.

The list of persons specified in Part 1 of Article 75 “Labor relations when changing the owner of an organization’s property, changing the jurisdiction of an organization, its reorganization, changing the type of state or municipal institution” is exhaustive:

This right of the new owner does not apply to other employees.

A change in the owner of an organization’s property is not an independent basis for terminating employment contracts with other employees.

If another employee refuses to continue working when the owner of the property changes:

the employment contract with him is terminated on the basis of clause 6, part 1, article 77 “General grounds for termination of an employment contract” of the Labor Code.

If a change of owner involves a change of employer, then:

dismissal of an employee under clause 6, part 1, article 77 “General grounds for termination of an employment contract” of the Labor Code is the prerogative of the new employer.

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

TERMINATION OF THE EMPLOYMENT CONTRACT. DISMISSAL

Step-by-step instruction

The procedure for dismissing employees based on a change in the owner of the organization is as follows:

It is necessary to prepare all documents confirming the change of ownership. These papers will ultimately be the basis for the order to dismiss employees.
Next, a notice of termination of the employment contract with the chief accountant, the head of the organization and his deputy is drawn up.
An order to dismiss employees must also be issued no later than three months after the change of owner.
Register the order in a special journal. This journal must be archived for up to 75 years.
Inform the employee of the order. He must sign there to confirm his awareness of the reason for termination of the contract and express his consent.
On the last working day, it is necessary to pay the employee all due compensation, wages, severance pay and all other payments required by law.
On the same day, an entry is made in the employee’s work book, which indicates the basis for dismissal and the order number.
For the archive, you need to make a copy of the employee’s work book.
The employee must also be given a certificate of average salary for the last two years.

The process is not difficult if you follow the law and complete all required papers on time.

According to the law, the employer must pay employees three months' compensation if they are fired immediately after a change of ownership.

If employees continued to work during these three months, they should not expect compensation.

What documents need to be completed?

Notice of dismissal is required.

The notice must be drawn up in two copies and delivered personally to the employee.

He must put his signature on one of the copies. In case of refusal, a report is drawn up in which at least two witnesses indicate the employee’s refusal to sign the provided notice.

If the employee is not at the enterprise, then a notification can be sent to him by mail with an inventory of the invested property.

Since the employee will have to sign the mail upon receipt, this will confirm that he received the notification and has read it.

Based on the notice, a dismissal order is issued.

This document has a unified form and contains the following information:

Name of the organization and its legal form.
The date of the order.
Full name of the employee who is being fired, as well as his position.
Grounds for dismissal.
Details of the new owner of the enterprise.
Signature of the employee and employer.

The order must be signed not only by the employer, but also by the employee.

The order is drawn up in a special journal, which indicates the date, number, and data of the document. The magazine must be bound and all pages numbered.

Entry in the employee’s work book

It is necessary to make a record of dismissal in the work book - registration rules.

This record contains several columns and necessarily contains the following information:

Serial number of the record.
Date recorded in numbers - day, month and year.
The next column contains information about the name of the enterprise, as well as about dismissal. The basis for dismissal is Article 81 of the Labor Code. Next comes the signature of the head of the HR department.
In the last column you must indicate the number and date of signing of the order on the basis of which the dismissal is made.

Especially for the archive of this enterprise, a copy of the work book is made in the personnel department, and a record of dismissal is made in the employee’s personal card.

Who can be considered the owner of the organization?

This term refers to a legal entity and only it. Many ordinary people who are not aware of legal issues also include the founders of the organization here.

However, the Civil Code (Article 48) directly states that this is incorrect - these people, even if they contributed their money to the creation and development of the company, are only bearers of obligatory rights in relation to the company.

They can run a business, distribute profits, however, if someone joins or leaves the cohort of founders, then this cannot be considered grounds for dismissal specifically under this article, since there was no change in the owner of the property (Article 66, Article 213 of the Civil Code of the Russian Federation) .

What is a change of owner and in what cases does it happen?

Let's say more fully: change of ownership of the company's property.
And not just a change in jurisdiction - this is another article of civil legislation.

This question is answered by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 - this is the fact of the transfer of the organization’s property to another person or several persons.

No, this, as already indicated, is not a change in the composition of the founders, but, for example, the privatization of state property:

when alienating state property into private hands (Federal Law No. 178-RF);
conversion of private property into state property (Article 235 of the Civil Code);
transfer of a state federal enterprise into the hands of a constituent entity of the Russian Federation (the reverse also applies);
transfer of a state enterprise into municipal ownership.