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Regarding additional guarantees to employees dismissed in connection with liquidation of the organization

08.04.2019

The Government of the Russian Federation proposed amendments aimed at providing guarantees to employees dismissed in connection with liquidation of the organization.

These measures are connected with the recognition by the Constitutional Court of non-constitutional provisions clause 1 of part one of Article 178 of the Labor Code of the Russian Federation.

This rule establishes that when an employee is dismissed due to the liquidation of an organization, he is paid a severance payment in the amount of the average monthly salary, and the average monthly salary for the period of employment remains for him, but not more than two months from the date of his dismissal.

At the same time, the right to average monthly earnings for the second month after the employee’s dismissal, if he was not employed, cannot be realized if the organization was liquidated earlier than the employee had the right to receive it.

In this regard, it is planned  to make the following changes to the Federal law "Regarding  State Registration of Legal Entities and Individual Entrepreneurs" according to which:

- notification for  drawing up an interim liquidation balance sheet has to be presented to the registering body not earlier than the term established for presentation of requirements, including the persons dismissed in accordance with the legislation of the Russian Federation;
- the statement provided to the  registering body for state registration in connection with the liquidation of the legal entity has to contain data confirming the carrying out of all the necessary payments provided in this case;

Thus, proposed measures will allow the employees dismissed in connection with liquidation of the organization to receive their guaranteed payments.

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