A law banning the dismissal of people with a mortgage. Credit immunity: will a mortgage save you from being fired? Current regulations

Many citizens are interested in whether they can be fired if they have a mortgage. There is a certain list of labor guarantees that apply in this situation.

Legislative initiatives

In November 2016, a bill was introduced to the State Duma banning the dismissal of workers with a mortgage. At the moment, this is just a draft document, on which serious work is underway. It is planned to adopt the regulatory act by the end of 2017.

The law banning the dismissal of employees with a mortgage still contains too many controversial issues and nuances that need serious improvement. The main task in this case is to protect employers and employees from dishonest behavior of the other party. There are fears that employers will try to circumvent the new ban on dismissal of workers with a mortgage, and some workers, on the contrary, may abuse their rights. That is why it is important to resolve all these issues, preventing unpleasant examples of legal practice. The main objective of the document is to protect the rights of young families and provide serious guarantees to young employees.

It is planned that the employer will not be able to fire an employee who has a mortgage loan during the entire loan period. In the event of layoffs, such employees will have priority to remain. It is also planned to introduce a ban on the dismissal of such categories of the population for not too serious disciplinary violations. If the law on this issue is violated, each party will be able to resolve the dispute in court.

Labor legislation currently in force does not provide for a direct ban on the dismissal of employees with a mortgage, but enterprises have the right to include such a rule in the collective agreement.

Current regulations

At the moment, disputes between an employee who has a mortgage and an employer are regulated by the Labor Code. If an employee does not belong to any preferential category of employees, then he may be dismissed on a general basis.

Currently, standard legal provisions apply to employees with a mortgage loan, namely:

• Labor Code;
• specialized by-laws regulating labor relations in a specific area;
• collective agreement. Here the employer can introduce a clause that it is impossible to fire an employee with a mortgage or any other social guarantees for employees, but at the moment this is a right, not an obligation.

The Labor Code in Article 81 provides grounds for dismissal. The most common reasons:

• violations of labor discipline (systematic tardiness, absenteeism);
• inconsistency with the position (based on certification;
• theft;
• staff reduction, liquidation.

There are various additional grounds that are also provided for, but are used very rarely: disclosure of trade secrets, loss of management’s trust, refusal to move to the location of the relocation of the enterprise.

Staff reduction: can you be fired if you have a mortgage in 2017?

Downsizing is a common reason for leaving. The dismissal procedure provides many features and guarantees for various categories of employees. The law on the reduction of employees with a mortgage will have to include these employees in the list of preferential categories of the population.

In some situations, despite the rights of employees and legislation, the enterprise, for objective reasons, will not be able to continue cooperation (complete liquidation of the enterprise). But the company is still obliged to comply with the law regarding the procedure for dismissing employees.

A common reason for dismissal these days is staff reduction. This is allowed by Art. 81 of the Labor Code, but there are important nuances of the procedure for dismissing employees:

• The employee must be warned in writing about the upcoming layoff 2 months in advance. At this moment, as well as immediately before dismissal, alternative vacancies should be offered, if they are available at the enterprise;
• when dismissing workers, trade unions and the Employment Service must be notified in advance;
• the employee is paid a benefit in the amount of average monthly earnings. After this, the employee can receive an average salary for 3 months at the Employment Service.

The collective agreement may also provide for additional payments for such employees;

The law does not prohibit termination of a contract by agreement of the parties. In this situation, the conditions of dismissal and monetary payments are negotiated individually;

An employee has the right to underwork for 2 months (the period during which he was notified of the upcoming layoff). At the same time, he has the right to receive monetary compensation in the amount of average earnings for this period;

When compiling a list of candidates for dismissal, the employer must take into account the fact that the law provides for preferential categories of the population who are insured against dismissal at the enterprise. If this rule is violated, the employee will have every right to be reinstated and receive monetary compensation during the legal proceedings.

Labor guarantees

Article 179 of the Labor Code provides for a list of categories of workers who, in the event of a reduction in staff, have a priority right to remain working. There are also categories of the population that cannot be dismissed in the usual manner.

There are certain categories of workers to whom the state provides a certain list of social guarantees. In particular, they are insured against layoffs and staff reductions. These categories include:

• pregnant women and mothers of children under 3 years of age;
• single mothers with a child under 14 years of age;
• mothers of disabled children under 18 years of age;
• disabled people.

The rule for disabled children applies to fathers raising children on their own or the sole breadwinners with a child under 14 years of age.

Among other workers, it is also necessary to choose taking into account priority rights. If an employee does not belong to a preferential category of the population, then when choosing between two employees he may have certain advantages. To such criteria in Art. 179 the legislator refers:

• having a long period of experience at this enterprise;
• higher indicators of labor quality;
• highest qualification;
• training at a specialized institution in the specialty;
• status of combatant;
• having more than 2 dependents.

The contract may also provide for additional conditions that are a priority for maintaining the position for the employee. The provisions of an employment contract cannot contradict current legislation.

Prospects

Now the rule is that it is impossible to fire a person with a mortgage only in the state plans. At the moment, no additional preferential conditions of labor legislation are applied to such employees.

So, at the moment, a mortgage and leaving a job are in no way connected. For employees with a mortgage loan, only valid labor and social guarantees are provided. If the Law on non-dismissal of employees with a mortgage is indeed adopted, then, most likely, such employees will not only enjoy the priority right to remain working, but will be completely socially protected from such actions of the employer. Even if there is a discrepancy with the position held, the employer will only be able to send the employee to advanced training courses. Thus, young families will be more socially protected.

Many employees are wondering if there is an unpaid mortgage, can they be fired? It is worth noting that some employees think that their employer must take into account the fact that they are paying off a large loan, and this can be a good reason for not firing a person from a permanent job. Actually this is not true. When you take out a loan from a bank, you yourself must be responsible for it. If your employer has good reasons to fire you, then, according to Russian law, he will do so without any hindrance, even if you still have 10 years left to pay your mortgage. You should know about this in advance so that you do not have serious problems in the future.

When you decide to take out a loan from a bank, you must be aware that you will have to repay it for several years in a row. Moreover, this must be done every month and without any delays. That is why you must be 100% sure that during this time your income will not decrease, you will not be fired, and no other changes will occur. It's best to think about the following points in advance:

1. You should only take out a loan if you have been working in your position for several years and are confident in your company.
2. You are sure that you will not have any unnecessary unexpected expenses. For example, if you have a child, will you be able to continue paying your mortgage?
3. If you share mortgage costs with your spouse, you might want to think about their job, too.

But even if you have thought through all the important points in advance, you may still encounter some problems. Weigh the pros and cons several times, only then take out a mortgage.

Is it possible to fire an employee whose mortgage loan from the bank has not yet been repaid? A mortgage is not a reason not to fire a person. This also applies to laid-off workers; a mortgage will not save them from this. However, indeed, there are certain categories of citizens who have some advantages:

• If a citizen provides for his family alone. For example, in a family only the father works, while the mother is on maternity leave with two children.
• A person with a mortgage provides for more than two dependents. Dependents include minor children, disabled people, and incapacitated parents.
• Citizens who are undergoing training at any institution on the direction of their superiors.
• People who acquired some kind of injury while working for the company.

It is important to note here that this does not mean at all that these categories of citizens can work poorly, but they still will not be fired. If a person is absent or does not perform his duties properly, then the employer has every right to fire him, and it does not matter whether the employee has any privileges or not.

The fact is that these categories of citizens cannot, for example, be laid off. If there is a choice between several employees, the manager will leave the workplace to an employee from the list presented above.

Important! Deputies are thinking about prohibiting managers from firing employees who have a mortgage. However, such a law has not yet been issued, so you should not count on it.

Thus, it turns out that firing an employee who pays a mortgage is no different from any other dismissal. At the same time, the employee cannot go to court, claiming that the manager violated the law, since the presence of a loan is not a valid reason. You can only go to court if your superiors really did something wrong. For example, you cannot fire an employee just like that if there are no layoffs and he fully fulfills his duties. There are many rules on this matter:

• A person cannot be fired if he is on vacation. In this case, the employee himself can apply for dismissal at any time. He is not required to give reasons.
• You cannot fire an employee who is on maternity leave. Such actions are illegal. If the employer does this, then the woman has every right to sue him. In 100% of cases, the court sides with the employee. The woman herself can quit at any time, and the manager cannot refuse her this.
• You cannot fire employees who are on sick leave.
• Even if an employee has some privileges, he can be fired. This can happen if he regularly does not fulfill his official duties.
• There must be serious reasons for the dismissal of any employee.

Results

If you still have an unpaid mortgage, then you cannot count on the fact that you will not be fired or laid off. The employer is not required to determine whether its employees have loans or not. Only the employee himself is responsible for such actions. , and he must decide for himself whether he should take out a mortgage or not.

The bill proposes to prohibit employers from firing employees who pay under the mortgage agreement for the initially purchased housing. If the amendments come into force, then employees with such loan obligations will not be able to be fired due to reduction, due to the employee’s inadequacy for the position held or lack of sufficient qualifications. In the event of a layoff, mortgagees will have the advantage of remaining employed if the company lays off staff. The authors of the bill note that a mortgage is the only option to purchase housing. Agreements are concluded mainly by young families with higher education and young children. And employers often terminate employment contracts with them for “formal” reasons.

“Taking into account the difficult economic situation in our country and massive layoffs at enterprises and organizations, it is advisable to legislatively protect this category of residents and limit the grounds for termination of an employment contract at the initiative of the employer,” the text of the explanatory note says.

Dismissal, write Pashin and Shilkov, destroys families due to lack of livelihood, and the number of crimes increases. Citizens, they emphasize, are waiting for such amendments to the Labor Code of the Russian Federation.

Representatives of other parliamentary parties - United Russia and A Just Russia - in a conversation with Inkazan criticized the proposal of their colleagues from the Liberal Democratic Party. Member of the French Communist Party of the Russian Federation Alexander Yushchenko said that he has not yet read the bill and cannot comment on it.

United Russia member Alexander Sidyakin said that he would not like to offend his colleagues, but in the current version, the idea of ​​amendments to the Labor Code is “populist in nature.” The employer has no relationship with the bank that issued the loan to his subordinate. Company management is not required to be held accountable for employee actions that may be reckless.

“A person takes out loans, sometimes even foreign currency, hoping that he will repay them, and then the dollar exchange rate changes, and the foreign currency borrower, it turns out, for some reason demands that the state resolve his issues. In any society with a capitalist and market model of development, there is such a thing as “entrepreneurial risks.” In the Civil Code they are recorded on the citizen himself. Because if we proceed from the fact that any of your ideas must be insured by the state, the employer, and so on, then there will be no development,” said Sidyakin.

According to the deputy, theoretically one can agree with the authors of the amendments to the Labor Code of the Russian Federation regarding the ban on the dismissal of mortgage workers due to staff reduction, but there are a lot of reasons: violation of discipline, reaching a certain age and non-compliance with the requirements. A reasonable balance must be maintained. “In this form, I would not support this initiative,” said Sidyakin.

The representative of the A Just Russia party, Mikhail Yemelyanov, supported his colleagues from United Russia: he does not think that the bill has a chance to receive support from the State Duma. “The authors of the bill propose amendments to the Labor Code, and everything related to loans relates to civil law. And from a logical point of view, why should a mediocre employee have the opportunity to defend himself by taking out a loan,” said Emelyanov.

According to him, support is needed, but it is completely different. Young families need to be more actively supported; foreign currency mortgage holders need guarantees from banks and additional protection from the arbitrariness of credit institutions. The deputy believes that it is necessary to look at standard banking agreements so that there are no “undercurrents” there.

“It would be wrong to link civil and labor relations,” Emelyanov concluded.

Businesses are being asked to support workers with outstanding mortgage loans. It will be prohibited to lay them off or fire them due to low qualifications.

State Duma deputies Vitaly Pashin and Danil Shilkov introduced a bill to the State Duma. establishing an advantage for citizens who have taken out a mortgage over other employees. Forgetting about the interests of business, deputies propose to support Russians who need regular income to cover loans.

Mortgage holders will get an advantage at work

The proposed amendments provide for a new rule in Article 81 of the Labor Code of the Russian Federation. It prohibits the dismissal of an employee who has not paid off the mortgage loan for a first-time home purchase at the initiative of the employer. Namely, it will not be possible to fire a mortgage holder due to a reduction in the number or staff of employees, as well as due to the employee’s inadequacy for the position due to insufficient qualifications.

As the authors of the initiative explain, citizens who today take out loans to buy their own homes are young families with young children. The state must additionally protect this category of workers, which will ultimately have a positive impact on the birth rate, the banking sector, and the construction sector, deputies assure.

However, from a business point of view, the situation is strange. An employer, private or public company, will be required to employ an underqualified employee simply because he has an outstanding mortgage. And in the next five to ten years, such an employee will have to regularly pay wages, pay vacations and sick leave. Although there is little benefit from it.

Who can no longer be laid off?

The current labor legislation already limits employers by establishing criteria for selecting workers to be laid off. In particular, the organization does not have the right to dismiss:

• employees who are on sick leave or on vacation, including at their own expense and on study leave;
• pregnant women;
• women raising children under three years of age;
• a single parent raising a child under 14 years of age or a disabled child under 18 years of age;
• union members and employee representatives who conduct collective bargaining.

In addition, Article 179 of the Labor Code of the Russian Federation lists categories of employees “with privileges” - those who have a preferential right to maintain a job in the event of a reduction in numbers or staff. These include disabled veterans of military operations in defense of the Fatherland, parents in large families, the only breadwinners in their families, and persons who previously received an injury or occupational disease from their employer.

However, many events must take place before the bill becomes law. In particular, the document must be approved by the government, parliament and presidency. It is still unknown whether the authorities will agree to new restrictions on business.

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Can I get laid off if I take out a mortgage?

By virtue of Part 1 of Art. 180 of the Labor Code of the Russian Federation, upon dismissal due to a reduction in the number or staff of employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with Part 3 of Art. 81 Labor Code of the Russian Federation. If the employee is not satisfied with the other work, then he is fired under Article 77 (clause 4) of the Labor Code. The employer is obliged to notify the employees personally and against signature of the upcoming dismissal due to a reduction in the number or staff of the organization’s employees at least two months before the dismissal (Part.

They won't drive us away

179 TK). In reality, of course, this does not always happen. But at least this requirement, enshrined in the Labor Code, can serve as a basis for an employee to defend his rights in court. If, of course, he can prove that he works better and with greater productivity than those who remained on staff.

If you have to choose between employees who have approximately the same professional qualities, the employer is obliged to give preference to:

How does the reduction happen?

The employee is notified of dismissal two months in advance, against signature.

Mortgage at the expense of the company: what can an employee claim after dismissal?

The highest court in specific cases came to the conclusion that labor relations had arisen to which the norms of civil law did not apply. In this connection, the prosecutor’s demands in the interests of the dismissed workers remained unsatisfied.

According to the logic of the court, termination of employment relations frees the employer from fulfilling contractual obligations, since labor law, as an independent branch, does not provide for the payment of targeted financial assistance to repay a loan issued for the purchase of residential premises.

Let’s try to understand the situation that has arisen from the point of view of established legal positions of dividing law into branches.

Do they have the right to dismiss from work if there is a mortgage?

2 tbsp. 81 of the Labor Code of the Russian Federation) is not allowed. In accordance with Art. 81 of the Labor Code of the Russian Federation, it is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary disability and while on vacation. It is also prohibited to terminate an employment contract with pregnant women at the initiative of the employer (Art.

Dismissal due to health reasons

Vilyuchinsk, Kamchatka region

Read also: Retrospective official sick leave

According to the provisions of sub. "b" clause 3 of Art. 51 of the Federal Law “On Military Duty and Military Service”, a soldier performing military service under a contract has the right to early dismissal from military service for health reasons in connection with recognition by a military medical commission as limitedly fit for military service.

Do they have the right to dismiss from work if there is a mortgage?

Consequently, refusal to travel or work overtime will not be a disciplinary offense in this case.

Is it possible to fire a pregnant woman?

A pregnant woman cannot be fired at the initiative of her employer. The only exception is the complete liquidation of the company.

It is permissible to terminate an employment contract with a pregnant woman if she worked under a temporary contract during the absence of another employee.

Military personnel will have their mortgage paid upon early dismissal

During this time, the Ministry of Defense makes annual transfers and pays off interest on bank mortgages. If dismissal occurs early, regardless of how many years the military man has served, the accrued funds are not given to him. If a serviceman managed to buy an apartment, he has to return all the transferred funds and pay off the mortgage with the bank.

According to the explanatory note to the draft federal law, new paragraph 1.1.

From July 1, debtors will not be able to get a job!

Considering that the law on bankruptcy of individuals has not yet been adopted, let’s be honest, debtors have practically no way out of the difficult situation.

Director of the Department of Retail Business and Regional Network Management of Rosgosstrakh Bank Vilen Li called the changes ambiguous, since, in principle, employers have no real need to know their credit history.

“Let's start with the fact that a person's credit history can be damaged for various reasons.

Mayhem! People are being kicked out of work!

81, 180 Labor Code of the Russian Federation). Even if only a single janitor position is open, the first applicant for it is you.

If you are dismissed due to reduction, you are entitled to a severance pay in the amount of one average monthly salary (the average salary for the last 12 months). If you were unable to find a job within a month, the payment of severance pay may be extended for another month. And if, after your dismissal, you registered with the employment center and were unable to find a job within two months, you will also receive benefits for the third month of inactivity (Art.

Providing leave with subsequent dismissal

No. 5227-6-1 clearly states that during illness during the vacation period followed by dismissal, the employer is obliged to pay the employee temporary disability benefits. However, the vacation is not extended by the number of sick days.

Termination of an employment contract is carried out on the basis of paragraph 3 of Article 77 of the Labor Code of the Russian Federation. The question arises: when should a work book be issued to an employee? Previously, experts argued that it is necessary to make an entry in the work book and then hand over this document to the employee on the last day of work, i.e.

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We understand the issue of dismissal if an employee has an outstanding mortgage

Many citizens are interested in whether they can be fired if they have a mortgage. There is a certain list of labor guarantees that apply in this situation.

Legislative initiatives

In November 2016, a bill was introduced to the State Duma banning the dismissal of workers with a mortgage. At the moment, this is just a draft document, on which serious work is underway. It is planned to adopt the regulatory act by the end of 2017.

The law banning the dismissal of employees with a mortgage still contains too many controversial issues and nuances that need serious improvement. The main task in this case is to protect employers and employees from dishonest behavior of the other party. There are fears that employers will try to circumvent the new ban on dismissal of workers with a mortgage, and some workers, on the contrary, may abuse their rights. That is why it is important to resolve all these issues, preventing unpleasant examples of legal practice. The main objective of the document is to protect the rights of young families and provide serious guarantees to young employees.

It is planned that the employer will not be able to fire an employee who has a mortgage loan during the entire loan period. In the event of layoffs, such employees will have priority to remain. It is also planned to introduce a ban on the dismissal of such categories of the population for not too serious disciplinary violations. If the law on this issue is violated, each party will be able to resolve the dispute in court.

Labor legislation currently in force does not provide for a direct ban on the dismissal of employees with a mortgage, but enterprises have the right to include such a rule in the collective agreement.

Current regulations

At the moment, disputes between an employee who has a mortgage and an employer are regulated by the Labor Code. If an employee does not belong to any preferential category of employees, then he may be dismissed on a general basis.

Currently, standard legal provisions apply to employees with a mortgage loan, namely:

• Labor Code;
• specialized by-laws regulating labor relations in a specific area;
• collective agreement. Here the employer can introduce a clause that it is impossible to fire an employee with a mortgage or any other social guarantees for employees, but at the moment this is a right, not an obligation.

The Labor Code in Article 81 provides grounds for dismissal. The most common reasons:

• violations of labor discipline (systematic tardiness, absenteeism);
• inconsistency with the position (based on certification;
• theft;
• staff reduction, liquidation.

There are various additional grounds that are also provided for, but are used very rarely: disclosure of trade secrets, loss of management’s trust, refusal to move to the location of the relocation of the enterprise.

Read also: Amendments to the employment contract

Staff reduction: can you be fired if you have a mortgage in 2017?

Downsizing is a common reason for leaving. The dismissal procedure provides many features and guarantees for various categories of employees. The law on the reduction of employees with a mortgage will have to include these employees in the list of preferential categories of the population.

In some situations, despite the rights of employees and legislation, the enterprise, for objective reasons, will not be able to continue cooperation (complete liquidation of the enterprise). But the company is still obliged to comply with the law regarding the procedure for dismissing employees.

A common reason for dismissal these days is staff reduction. This is allowed by Art. 81 of the Labor Code, but there are important nuances of the procedure for dismissing employees:

• The employee must be warned in writing about the upcoming layoff 2 months in advance. At this moment, as well as immediately before dismissal, alternative vacancies should be offered, if they are available at the enterprise;
• when dismissing workers, trade unions and the Employment Service must be notified in advance;
• the employee is paid a benefit in the amount of average monthly earnings. After this, the employee can receive an average salary for 3 months at the Employment Service.

The collective agreement may also provide for additional payments for such employees;

— the law does not prohibit terminating the contract by agreement of the parties. In this situation, the conditions of dismissal and monetary payments are negotiated individually;

— the employee has the right to underwork for 2 months (the period during which he was notified of the upcoming layoff). At the same time, he has the right to receive monetary compensation in the amount of average earnings for this period;

— when compiling a list of candidates for dismissal, the employer must take into account the fact that the law provides for preferential categories of the population who are insured against dismissal at the enterprise. If this rule is violated, the employee will have every right to be reinstated and receive monetary compensation during the legal proceedings.

Labor guarantees

Article 179 of the Labor Code provides for a list of categories of workers who, in the event of a reduction in staff, have a priority right to remain working. There are also categories of the population that cannot be dismissed in the usual manner.

There are certain categories of workers to whom the state provides a certain list of social guarantees. In particular, they are insured against layoffs and staff reductions. These categories include:

• pregnant women and mothers of children under 3 years of age;
• single mothers with a child under 14 years of age;
• mothers of disabled children under 18 years of age;
• disabled people.

The rule for disabled children applies to fathers raising children on their own or the sole breadwinners with a child under 14 years of age.

Among other workers, it is also necessary to choose taking into account priority rights. If an employee does not belong to a preferential category of the population, then when choosing between two employees he may have certain advantages. To such criteria in Art. 179 the legislator refers:

• having a long period of experience at this enterprise;
• higher indicators of labor quality;
• highest qualification;
• training at a specialized institution in the specialty;
• status of combatant;
• having more than 2 dependents.

The contract may also provide for additional conditions that are a priority for maintaining the position for the employee. The provisions of an employment contract cannot contradict current legislation.

Prospects

Now the rule is that it is impossible to fire a person with a mortgage only in the state plans. At the moment, no additional preferential conditions of labor legislation are applied to such employees.

So, at the moment, a mortgage and leaving a job are in no way connected. For employees with a mortgage loan, only valid labor and social guarantees are provided. If the Law on non-dismissal of employees with a mortgage is indeed adopted, then, most likely, such employees will not only enjoy the priority right to remain working, but will be completely socially protected from such actions of the employer. Even if there is a discrepancy with the position held, the employer will only be able to send the employee to advanced training courses. Thus, young families will be more socially protected.

You may also be interested in:

Can you be fired from your job if you have a mortgage?

When applying for a mortgage loan, citizens must be aware that there are certain risks associated with potential job loss and, as a result, difficulty in making regular loan payments. In general, any deterioration in the borrower’s financial situation will invariably complicate the repayment of the mortgage, but dismissal, for obvious reasons, is the most critical case.

There is an opinion among some people that when dismissing an employer, they must take into account the employee’s mortgage and provide him with a preferential right to continue working. This is wrong.

The legal portal bukva-zakona.com draws your attention to the fact that the presence of a mortgage loan (like any other bank loan) does not serve as a basis for providing benefits upon dismissal and the possibility of terminating an employment contract with such a person is exactly the same as with any other .

The current legislation specifies the categories of workers who have priority to retain their jobs upon dismissal.

• persons who alone provide for the existence of their families, that is, they are the sole breadwinners;
• persons who provide for more than 2 dependents; minor children, disabled people, elderly parents can act as dependents;
• persons undergoing training at the direction of the employer;
• persons who, in the course of performing their duties, acquired an occupational disease or injury.

When dismissing, when there is a question of choosing between several employees, the employer will definitely take into account the level of skill of each of them and the fulfillment of production standards. Preference will be given to the one who is a great professional and provides higher labor productivity.

The country's legislation provides that if it is necessary to reduce the number of employees, the employer must give preference to those employees who have higher qualifications and work better. Of course, in practice this situation is observed every time, but these requirements are enshrined in the Russian Labor Code. And therefore, in the event of illegal layoffs, an employee can defend his right to work in the courts.

Can an employee paying a mortgage be laid off?

People who pay off their mortgage may be protected in the future if the company where they work reduces the number of employees. This provision is still at the draft stage and provides for certain amendments to the Labor Law. Deputies want that in the future the employer will not be able to lay off an employee who purchased his first home with a mortgage and is still paying off this loan.

According to the opinion of the deputies working on this bill, immunity should apply when personnel are being reduced at an enterprise, and when an employee, without sufficient qualifications, occupies a position that does not correspond to him. The legislator wants to give employees who pay a mortgage loan the same rights that disabled people, small children and those people who have dependents have. Also, borrowers will have the same rights as those who were injured at work.

There is an explanatory note to the bill, and it says that people today are not able to purchase housing without the help of a mortgage. As a rule, mortgages are taken out by people with children, and in the event of layoffs at work, they are left without income and with a huge debt to the bank. Sometimes this situation leads to borrowers simply losing their homes. It is to protect these people that this draft law was developed.

This is what the State Duma promises us, and as for our time, today there is no such law in force that would protect borrowers from layoffs at work. There is a current solution that provides for the possibility of restructuring the mortgage debt in the event that an employee loses his job. The restructuring can be carried out by the bank itself, or it can be carried out by regional housing mortgage lending agencies.

If we talk about the option of bank restructuring, its conditions depend on the bank’s policy. With assistance from the regional agency, it repays the debt to the bank and lends to the borrower on preferential terms.

According to the provisions of Art. 179 of the Labor Code of the Russian Federation, mainly workers with higher qualifications are left at work. Also, employees who perform their professional activities with higher productivity are not laid off.

If the qualifications of employees are equal and they have equal productivity at work, then preference is given to the following categories of citizens:

• People who have a family and support two or more dependents. A dependent is considered to be a family member who is supported entirely by a working relative. At the same time, for a non-working family member, the help of a relative is the only source of financial resources.
• People who work alone in the family and have no other income in the family.

Thus, if there is a layoff at an enterprise, and the borrower is confident in his qualifications and knows that his work performance is better than that of others, then he has the right to expect that he will not be laid off. You can play it safe and write a letter to your boss asking him to be kept at work in connection with Art. 179 Labor Code of the Russian Federation. If there are additional reasons not to dismiss the employee, for example, several dependents, then these should also be indicated in the letter.

The procedure for laying off employees

Thus, we can say that an employee’s collateral obligations cannot become an obstacle to his dismissal on a general basis.

According to Art. 81 of the Labor Code of the Russian Federation, an employer can unilaterally terminate an employment contract by reducing the number of employees or staff. In this regard, the organization must fulfill all its obligations to the employee whom it is laying off.

As for the employee’s qualifications, this category contains several concepts, such as work experience in the specialty and education. Only members of certification commissions have the right to assign qualification categories. To confirm the qualifications of an employee, it is necessary to provide documents on education, as well as on professional retraining and assignment of qualification categories.

If, in conditions of layoffs between employees, labor productivity is equal and their qualifications are equal, then preference is given to the following categories of workers: family workers, if they support two or more people. These may be disabled family members. Other benefits provided for by Russian legislation may also apply.

Due to the requirements of the labor code, when an employee is laid off, an employer is obliged to offer him another job at the same enterprise. If an employee does not want to move to another job, he is fired. If there is no other job for a person, then he is laid off.

When laying off workers, the employer must adhere to a certain procedure. So, to lay off an employee you must:

• Notify the employment service two months before dismissal of the employee. The warning letter should indicate the specialty, position, qualifications and profession of the employee being laid off. It also indicates the level of payment for the work of such an employee.
• If the employee’s employment contract was concluded for only two months, then he can be notified of the layoff no later than three days in advance.
• Seasonal workers hired for the season are given one week's notice of layoffs.
• Warn the union in writing about future layoffs. Such a warning must be given no later than two months before dismissal, and must be in writing.

If mass dismissal is meant, the union must be notified of it no later than three months in advance. The employment service must also be notified at the same time.

Thus, if an employee takes out a mortgage loan, he is not insured against layoffs. In the future, deputies plan to introduce a rule that would protect this category of workers, but today there is none.