By reorganization the employment contract can be stopped only with the head of the organization, his deputy and the chief accountant. With other employees the employment contract the terminated cannot be. Such process as reorganization of the enterprise not necessarily provides dismissal of staff of this organization. But, nevertheless, there are moments at which dismissal of employees is possible by reorganization of the enterprise.The sponsor of placement P&G Articles on the subject "How to Dismiss by Reorganization" Kak to transfer employees to other organization Kak to issue the new CEO Kak to issue the new service record
Anyway the new owner is obliged to notify employees of the enterprise on the forthcoming reorganization in writing. The new owner has to make it in two months prior to the forthcoming event and not later than in three months after he entered the property rights.
If by reorganization dismiss the director, his deputy or the chief accountant, then this procedure is carried out standardly and according to standards of the current legislation.
Other staff of the enterprise cannot be dismissed because of reorganization. The new head is obliged to warn workers about the forthcoming reorganization. If the worker shows willingness and further to work for the new employer, in that case it is impossible to dismiss him. If the employee does not want to work in new conditions, then procedure of dismissal according to item 6 of Art. 77 of the Labour Code of the Russian Federation begins.
In that case the employee has to write the application for the termination of the labor relations with the new employer. In this regard the order for dismissal of the employee according to item 6 of Art. 77 of the Labour Code of the Russian Federation is issued. Refusal of the employee of further work in connection with change of the owner of the enterprise will be the basis for the termination of the labor relations in that case.
After the order on dismissal is signed by the new head, to already former employee of the organization full monetary calculation has to be carried out. Namely, at dismissal all unused holidays, and also days of holiday more than 28 days, but already with the consent of the new head have to be compensated to the worker. In addition have to pay to the former employee all compensations and payments provided by the Collective agreement.
After the former employee received all monetary payments, to him the certified service record is issued.