What orders and records need to be made in connection with joining a primary school to a basic school? Reorganization of an educational institution Order on reorganization in the form of a merger sample

What orders and records need to be made in connection with joining a primary school to a basic school? Reorganization of an educational institution Order on reorganization in the form of a merger sample

23.01.2024 Products

Question for a lawyer:

The school was reorganized and a kindergarten was added to it. The employer discovered that the job descriptions did not correspond to the work performed and the payment. for example, a laundry operator receives a salary of the 2nd category, but performs functions corresponding to the first. decided to change it, but the employee refuses to sign it.

Lawyer's answer to the question: school reorganization
Did the employer demonstrate the functionality of a laundry washing operator of 1st and 2nd category? The first category for a laundry washing operator is not provided for under the ETKS.
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Lawyer's answer to the question: school reorganization
Did you want to ask a question?

Or give us the opportunity to tell your fortune for you?
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What rights do teachers of an affiliated school have when reorganizing a school through annexation?...

Question for a lawyer:

What rights do teachers of an affiliated school have when reorganizing a school through annexation?

Lawyer's answer to the question: school reorganization
To preserve jobs, in particular.
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Tell me how to write a statement of parental disagreement about the reorganization of the school...

Question for a lawyer:

Tell me how to write a statement of parental disagreement about the reorganization of the school

Lawyer's answer to the question: school reorganization
Hello. Write a collective letter in any form.
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school reorganization...

Question for a lawyer:

Please tell me! They want to reorganize our high school into a 9th year school. The fact is that our village is divided by the federal RAILWAY. On one side of the railway is our only school, on the other there are three schools located nearby. There are 18-19 children in classes. Teachers receive rural bonuses to their salaries. The education department motivates that it is not economically profitable. Children will move to other schools, parallel classes will be opened there. Then what is the economic benefit and is there any point in reorganization if the costs per student will still be regardless of which school the child will study in..

What needs will the funds saved from the reorganization be used for, if they are already included in the budget of this school until the end of the year? How can we win back the school? Help me please. What can you get hold of? And another question: If you make the school a branch of a high school and remove the administrative staff, is it possible to leave grades 10-11 according to the law?

Lawyer's answer to the question: school reorganization
Hello. Contact the supervisory authority of the local municipality's education department, as well as the prosecutor's office. File a claim in court, if the decision is negative - to a higher court, then, if necessary, to the Supreme, Constitutional, Strasbourg. Motivate by violation of children's rights, the danger of crossing the railway.
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Lawyer's answer to the question: school reorganization
Gulnara, you need to contact the district education department.
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Lawyer's answer to the question: school reorganization
Apparently, these changes have already been agreed upon in the education department, so it’s better to contact the prosecutor’s office.
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Lawyer's answer to the question: school reorganization
It’s better to wait for an answer, of course, but if necessary, you can do it right away.
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I am a school director, currently on sick leave. have begun the process of reorganizing the school into an education center - should I...

Question for a lawyer:

I am a school director, currently on sick leave. have begun the process of reorganizing the school into an education center - should I be notified of changes in working conditions?

Lawyer's answer to the question: school reorganization
If your job function or other terms of the employment contract change, you must notify 2 months in advance (Article 74 of the Labor Code of the Russian Federation)
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Is it legal to reorganize a school by merging with other schools and kindergartens (creating a so-called complex...

Question for a lawyer:

Is it legal to reorganize a school by merging with other schools and kindergartens (creating a so-called complex and, accordingly, a new legal entity), if at least four lawsuits (civil cases) from teachers and parents are pending against this school?

Lawyer's answer to the question: school reorganization
Legal. The court, at the request of the plaintiffs, will replace the defendant with his legal successor.

Article 44 of the Code of Civil Procedure of the Russian Federation. Procedural succession

1. In cases of the departure of one of the parties in a controversial or established legal relationship (death of a citizen, reorganization of a legal entity, assignment of a claim, transfer of debt and other cases of change of persons in obligations), the court allows the replacement of this party by its legal successor. Succession is possible at any stage of civil proceedings.

2. All actions taken before the legal successor entered into the process are obligatory for him to the extent that they would be obligatory for the person whom the legal successor replaced.

3. A private complaint may be filed against a court decision to replace or refuse to replace a legal successor.
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Lawyer's answer to the question: school reorganization
Dear Alexander! Now all preschool educational institutions and secondary schools in Moscow are undergoing unification. The experiment is not the best, especially if, according to the school’s Charter, parents and students forgot to ask about this association. Regardless of the number of claims, cases will be considered in succession, especially if your claims relate to the training itself, claims against teachers, etc. Due to the fact that during the merger the holding will have one director, we recommend that you contact him directly with your complaints. There is a high probability that the director will be loyal. There is an experience in which the director of the holding met the parents halfway; it’s another matter that the parent is a lawyer). Try to find contact with the director, unless, of course, he and the director of your school are not the same person.
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Lawyer's answer to the question: school reorganization
Hello, Alexander!

Yes, that's legal. I can help with claims. Contact us.
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Hello, is it necessary to write a letter of resignation during the reorganization of the school?…

Question for a lawyer:

Hello, do I need to write a letter of resignation during the reorganization of the school?

Lawyer's answer to the question: school reorganization
No, they can issue a translation.
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Please tell me, when reorganizing a school by merging two schools with a third, which becomes the head one,...

Question for a lawyer:

Please tell me, when reorganizing a school by merging two schools with a third, which becomes the head one, what payments should be paid to the heads of the reorganized schools if their labor relations were formalized with the education department (i.e. with another organization). Thank you in advance.

Lawyer's answer to the question: school reorganization
Good afternoon

Your question is not entirely complete. What kind of payments are we talking about? Payments upon dismissal as a result of reorganization or managers continue to work, but remain in other positions or positions. The amount of payments may also be specified in employment contracts. Please clarify your question
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We are reorganizing the school in the form of affiliation. The appointment of the head of the complex occurs by default of the current...

Question for a lawyer:

We are reorganizing the school in the form of affiliation. The appointment of the head of the complex occurs by default of the current director who has been joined or there must be elections. We are interested in the document regulating this issue.

Lawyer's answer to the question: school reorganization
Whoever made the decision on the reorganization is the one who sets it, and is not regulated by law.
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When reorganizing the school by merging with another school, it was planned to appoint…

Question for a lawyer:

When reorganizing a school by merging with another school, it was planned to appoint the head of the merged institution as the head of the merged school (preliminary oral agreement). How can you avoid a situation where, after closing all accounts, the head of the acquired school may be left without a job?

Lawyer's answer to the question: school reorganization
Private schools and what kind of schools? Please check.
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I work at a school as a deputy. director of water management. The school is being reorganized by merging several schools. The staffing is changing...

Question for a lawyer:

I work at a school as a deputy director for water management. The school is being reorganized by merging several schools. Staffing changes. The position of Deputy Director for Internal Affairs is being reduced. They offer the position of methodologist with the performance of functions under an additional agreement. They refuse to include the position of head of an educational unit in the staffing table, explaining that such a position is not in the qualification directory. I have 1.5 years left until my retirement pension. According to the Federal Law on pensions, a methodologist is not a position that has the right to length of service. But in the same law there is the position of head of the educational unit. According to the order of DogM No. 166, the Order on the approval of methodological recommendations for drawing up the staffing table dated 03/01/2011, it is stated that positions should be assigned to this group of people (those applying for a long-service pension) in accordance with the Federal Law on Pensions (from 2002). Can I insist on changing the position of the deputy director for water management to the head of the academic department?

Lawyer's answer to the question: school reorganization
Can I insist on changing the position of the deputy director for water management to the head of the academic department?

- you can insist. contact the union. it is with the pedagogical workers. powerful. or appeal the director’s actions to the prosecutor’s office

PROSECUTORAL RESPONSE MEASURES

If violations of the law (Article 24 of the Law) or the rights and freedoms of man and citizen (Article 28 of the Law) are detected, the prosecutor or his deputy submits a proposal to eliminate the identified violations to the body or official who is authorized to eliminate the violations.

Within a month from the date of submission of the submission, specific measures must be taken to eliminate the violations committed, their causes and conditions conducive to them: these measures are reported to the prosecutor in writing.

If the actions of officials who violated laws contain elements of a crime or an administrative offense, depending on the nature of the violation of the law, the prosecutor issues a reasoned resolution to initiate a criminal case or a resolution to initiate a case of an administrative offense (Article 25 of the Law, Art. 37 Code of Criminal Procedure of the Russian Federation, Art. 25.11, 28.4 Code of Administrative Offenses of the Russian Federation).
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When reorganizing a school from primary to primary, create all new documents (as for an elementary school) or continue those...

Question for a lawyer:

Hello! When reorganizing a school from a primary school to a primary school, create all new documents (as for a primary school) or continue those that were in the primary school

Lawyer's answer to the question: school reorganization
Hello Alfiya Petrovna! in addition to the lawyers' responses. When reorganizing a school from basic to primary, you must pay attention to the resolution of the higher management; it must reflect data on changes in the charter and re-issuance of a license for educational activities; this is mandatory when changing the name, structure, subordination, address and wording in the text of the charter.
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Lawyer's answer to the question: school reorganization
Make changes to registration documents.
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Question for a lawyer:

Lawyer's answer to the question: school reorganization
If you have been transferred, then your vacation should not be reduced. and to survive - complain to the prosecutor's office about violation of rights
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Calculation of vacation and vacation pay during school reorganization....

Question for a lawyer:

Calculation of vacation and vacation pay during school reorganization.

I have been working at the school since August 20th. Our school is being reorganized (only on paper, the school, children, teachers remain, another school just comes and we are now a third party, i.e. a merger). How should I recalculate vacation and vacation pay if the reorganization itself began on April 24? 13. No one knows when it will end. It seems like by the end of June. But they only warned us. It turns out that I haven’t worked even a year. The vacation will be several days shorter. And the next organization will have to increase the vacation by exactly that many more days?

Lawyer's answer to the question: school reorganization
If this is a reorganization, then your employment relationship remains as before.

Vacation cannot be less; it must be provided according to a previously approved schedule and in full.

Article 75. Labor relations when changing the owner of the organization’s property, changing the jurisdiction of the organization, or its reorganization

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How long must parents and teachers be notified about school reorganization?...

Question for a lawyer:

How long must parents and teachers be notified about school reorganization?

Lawyer's answer to the question: school reorganization
Hello. No less than a month.
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During the reorganization of the school, a full settlement was made with the employees (compensation was paid for unused vacation) ...

Question for a lawyer:

During the reorganization of the school, a full settlement was made with the employees (compensation was paid for unused vacation). At the same time, a transfer was issued to the new employer. The employees were not notified. It turns out that the new organization will have incomplete vacation. Is there anything that can be done?

Lawyer's answer to the question: school reorganization
Hello Olga!

Vacation according to the Labor Code of the Russian Federation is 28 days. Good luck.
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Worked as a deputy. The director of education and management, in connection with the reorganization of schools, was transferred to the position of senior teacher-organizer, in this...

Question for a lawyer:

She worked as a deputy director for water management, in connection with the reorganization of schools, she was transferred to the position of senior teacher-organizer, this year the next stage of the reorganization. Transferred to the position of teacher-organizer without written or oral notification, salary decreased. What are my next steps? This situation does not suit me.

Lawyer's answer to the question: school reorganization
What are my next steps? This situation does not suit me.

Actions are not legal.

Write a complaint to the labor inspectorate.

GOOD LUCK TO YOU
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Reorganization of the school through merger...

Question for a lawyer:

Hello! In Moscow, schools are being reorganized through mergers. Directors, head teachers, accountants and deputy directors remain without positions. Please tell me whether they are subject to layoffs and whether they should be paid monetary compensation? Because The information was brought to our attention that a position would be offered, and if we did not agree, then only two weeks' compensation would be paid.

Lawyer's answer to the question: school reorganization
Dear Irina!

When the owner of an organization's property changes, the new owner, no later than three months from the date on which his ownership rights arise, has the right to terminate the employment contract with the head of the organization, his deputies and the chief accountant.

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

If an employee refuses to continue working in connection with a change in the owner of the organization’s property, the employment contract is terminated in accordance with paragraph 6 of Article 77 of this Code.

When the owner of an organization's property changes, a reduction in the number or staff of employees is allowed only after state registration of the transfer of ownership.

A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, spin-off, transformation) cannot be grounds for termination of employment contracts with employees of the organization.

If the employee refuses to continue working in the cases provided for in part five of this article, the employment contract is terminated in accordance with paragraph 6 of Article 77 of this Code.

Article 74 of the Labor Code establishes the procedure for changing the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions

In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function.

The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If there is no specified work or the employee refuses the offered work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code.

Upon dismissal on the basis of paragraph 7 of part one of Article 77 of the Labor Code, the employee, in accordance with Article 178 of the Labor Code, is paid a benefit in the amount of two weeks' average earnings.

Good luck to you.
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Can schools be reorganized in the middle of the school year?...

Question for a lawyer:

Can schools be reorganized in the middle of the school year?

Lawyer's answer to the question: school reorganization
If the order for reorganization has been issued, then they will carry it out.

It all depends on the owner.
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They are going to reorganize the school in our village. The secondary school is closed, leaving only the primary classes. How…

Question for a lawyer:

Good afternoon They are going to reorganize the school in our village. They are closing the secondary school, leaving only the primary classes. How can we legally preserve our school? Who and how to contact. Thank you.

Lawyer's answer to the question: school reorganization
File a complaint with the prosecutor's office.

According to Art. 45 Code of Civil Procedure of the Russian Federation, art. 35, Article 10 of the Federal Law “On the Prosecutor's Office of the Russian Federation”, the prosecutor goes to court for the protection of rights and interests in case of violation of social rights and freedoms, labor rights, housing rights, to protect the family, motherhood, paternity and childhood.
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Is it legal to reorganize a school without a meeting of village residents?...

Question for a lawyer:

We have a rural school with 66 students, most of whom are from foster families, plus 17 preschoolers. They want to reorganize our school into a branch next to a neighboring school. however, the opinions of residents are not taken into account. Parents of adopted children are not happy with this, since the children should be under their supervision. Is it possible to defend the interests of parents and how to do it?

Lawyer's answer to the question: school reorganization
According to the new Federal Law "On Education in the Russian Federation", which comes into force on September 1, 2013

Making a decision on the reorganization or liquidation of a municipal educational organization located in a rural settlement is not allowed without taking into account the opinions of the residents of this rural settlement.
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Is it possible to reorganize the school during the school year? The district administration is going to take 13 high school students to…

Question for a lawyer:

Is it possible to reorganize the school during the school year? The district administration is going to transport 13 high school students by bus to a neighboring village. We are told that after the first quarter the school will become a nine-year school.

Lawyer's answer to the question: school reorganization
We need to figure out how legal and reasonable this is. Start with a statement to the head of administration. Write a collective statement demanding an explanation of what is happening and provide references to the rules of law that guide them. You keep two copies, one with the signature of the chapter and the date of acceptance. Good luck!
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reorganization of schools...

Question for a lawyer:

Good night! Our school 274 is being reorganized with another school and a technological college, parents are told that the decision has been made and there can be no objections. Parents' consent was not recorded anywhere and was not asked. What should we do?

Lawyer's answer to the question: school reorganization
The school is a municipal government institution and is being reorganized by decision of the City Administration, so your consent is not required. Of course, if you see any violation of your rights or the rights of your child, you can file a complaint with the relevant authorities.
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3. To implement clauses 1, 2 of this order, the head of Reorganizing LLC within the period before (date):

3.1. Create a reorganization commission headed by the head of the institutions. Orders on the composition of the commission must be submitted no later than __ days from the date of their publication.

The commission shall carry out the following measures established by law:

a) immediately bring this order to the attention of the relevant government bodies and services;

b) notify the employment service authorities of the upcoming release of workers by ______;

c) in writing, against signature, notify the other employees of the institution about the upcoming reorganization in accordance with paragraph 1 of this order within the period before ____________;

d) make an inventory of cash balances on the accounts of institutions, receivables and payables and notify in writing the creditors and debtors of the institution about the reorganization of the legal entity by ________________;

e) prepare a list of property on the balance sheet of Reorganizing LLC and submit it for approval to Reorganizing LLC;

g) after completing the reorganization measures, draw up a transfer act of property and obligations and, together with the application and decision on reorganization, submit it to the registration authority at the location of the legal entity to which the merger is being carried out, in order to make a record of the termination of the activities of the merged legal entity;

3.2. Monitor the transfer of property, receivables and payables;

3.3. Provide information on the progress of reorganization activities to __________________________________________.

4. To the head of the HR department:

a) within _________, prepare notifications about the reduction in the number and staff of employees and personally familiarize each employee subject to dismissal under clause 2, part 1 of Art. 81 Labor Code of the Russian Federation;

b) within the period before ______with the written consent of the employees, prepare an order for the dismissal of employees in the prescribed manner.

5. To the head of the organization:

- offer the employee subject to dismissal, in accordance with his qualifications, another job (and in the absence - any lower or lower paid position) if there are vacancies in the state;

— after issuing an order on the transfer of property of reorganized organizations, ensure its acceptance with the preparation of an act of acceptance and transfer of property;

— ensure the statutory activities of institutions throughout the entire period of reorganization.

6. (Other things that may relate to the ongoing reorganization, for example, coordination with the trade union organization.)

7. I reserve control over the execution of this order.

Order on reorganization

Reason for drawing up the order for reorganization

In the course of its activities, the employer, for one reason or another, may carry out reorganization.

Reorganization means termination of the existence of the employer with the transfer of his rights and obligations to other persons. The reasons for reorganization may be different, for example: simplification of doing business; release of new products; complete change of internal structure, etc.

According to Art. 57 of the Civil Code of the Russian Federation, the procedure for reorganizing an employer can be carried out in five forms: transformation, selection, division, accession, merger.

In Art. 75 of the Labor Code of the Russian Federation describes in detail the legal consequences for employees.

In accordance with Part 5 of Art. 75 of the Labor Code of the Russian Federation, reorganization of the employer or change in the type of state or municipal institution cannot be grounds for terminating employment contracts with employees. To maintain the employment relationship, the employee's consent is required.

In case of disagreement to continue working in connection with the reorganization, the employee is subject to dismissal in accordance with clause 6, part 1, art. 77 Labor Code of the Russian Federation.

After entering information about the reorganization into the Unified State Register of Legal Entities, the employer must issue an order.

The procedure for drawing up and contents of the reorganization order

The labor legislation of the Russian Federation does not provide for a unified form of this order, therefore HR specialists draw up the document arbitrarily.

The presented sample reorganization order contains the following information:

a list of information about the employer that has changed (for example: indicate the new name of the employer);
form of reorganization;
date of entering information about changes in workers’ work books;
procedure and date for notifying employees;
information about the employee who is responsible for monitoring the execution of this order (full name and position);
etc.

The order must be signed by the head of the organization, and the order must be presented to the interested parties under the signature.

The order for reorganization must be registered in the journal of registration of orders (instructions) for the main activities and stored in the organization permanently in accordance with clause 19 of the “List of standard management, archival documents generated in the process of activities of state bodies, local governments and organizations, indicating storage periods” dated August 25, 2010 .

Company reorganization: preparing personnel documents

Is written consent of the employee required to continue the employment relationship during reorganization?- No.

Is reorganization grounds for terminating employment contracts with employees?- No.

Is reorganization considered a change of ownership?- No.

Should the employee know about the upcoming reorganization?

Current legislation does not provide for the obligation to notify employees about the upcoming reorganization. But this must be done, since the reorganization of the legal entity - the employer - affects their interests.

During reorganization, changes in the staffing table are possible, as a result of which some positions may be eliminated and others introduced. If employees are laid off, they must be notified about this personally against signature at least two months before dismissal (Article 180 of the Labor Code of the Russian Federation). Such employees, in accordance with Article 178 of the Labor Code, are entitled to severance pay in the amount of average monthly earnings. They also retain their average monthly salary for the period of employment, but no more than two months from the date of dismissal.

In a situation where the employee’s position is retained in the new staffing table, there are no grounds for dismissal due to staff reduction. If the terms of the employment contract change (for example, the place of work), the employee must also be notified in writing no later than two months in advance (Article 74 of the Labor Code of the Russian Federation). If the employee agrees with such changes, the employment relationship with him continues.

If the terms of the employment contract are intended to be changed due to objective reasons, the employee must also be notified in writing of such changes (amount and conditions of remuneration, working hours, etc.).

The procedure for notifying an employee of upcoming changes in his working conditions as a result of the reorganization should be similar to the procedure provided for in Article 74 of the Labor Code. This article states that the employee must be notified in writing of changes in production technology and technology, structural reorganization of production and in other cases that will entail the need to change the terms of the employment contract in writing no later than two months in advance. Moreover, the notification must mention not only the change in the terms of the contract, but also the reasons that caused this need.

In all documents (notifications, orders, etc.), indicate the date that determines the moment of reorganization (the date of making entries in the Unified State Register of Legal Entities)

Obtaining the employee's written consent to continue the employment relationship in the reorganized company is not mandatory.

If the employee is guaranteed the preservation of his job function and decent working conditions, it is enough to notify him in writing about the reorganization of the company. The employee can express his consent by continuing to perform his work duties with the employer after the completion of the reorganization. Otherwise, the employee has the right to refuse to continue working and, in this regard, will be dismissed on the basis of paragraph 6 of part one of Article 77 of the Labor Code.

Articles on the topic

Reorganization of an enterprise is a certain form of cessation of business activity or change in the structure of the company to which unprofitable organizations are subject. This article will discuss issues related to the process itself and the methodology for its design.

From this article you will learn:

what is reorganization in the form of merger;
how to properly complete the reorganization by merger;
How is it correctly issued and why is an order for reorganization by merger needed?

Reorganization in the form of merger

Reorganization does not always lead to the complete collapse of an institution. Sometimes this method is the only way to save at least part of the company from closure. This process, expressed in the form of affiliation, acts as a transfer of the company’s property and employees on the staff of the reorganized enterprise to another individual or legal entity in the order of legal succession. The presented type of reorganization is regulated by Federal Laws No. 208-FZ and No. 14-FZ.

According to certain legislative acts that came into force in 2004, several legal entities (3 or more) can participate in a reorganization in the form of affiliation, and the transferred property of the enterprise can divide it in parts between legal successors in any percentage. Among other things, the initiators may create a new legal entity, which will become a subsidiary company owned by several shareholders.

Registration of reorganization by merger

To start the reorganization process, it is necessary to have an approved decision in hand, establishing that this process is legal and the only way out of the current situation. Next, the head of the reorganized company must notify the tax service and creditors that all of his obligations will be transferred to another company.

To properly redistribute property and documentation, it is necessary to conduct a complete inventory. At the same time, checking the availability of all required documents, equipment and other valuables should be carried out with the participation of not only current but also future owners, so that the receiving party does not have future problems due to the lack of any materials.

It is important to remember that it is necessary to notify the Federal Tax Service, after which all organizational issues take place, such as:

making an entry in the Unified State Register of Legal Entities;
publication of a message about the reorganization in local media;
publication of the transfer deed;
payment of state duty.

After holding a general meeting and notifying government services about the fact of reorganization, the head of the company issues order, which indicates from what period all reporting and property will be transferred to other hands.

Order on reorganization by merger

A reorganization order is a rather important document in which the head of one company indicates that from a certain date all current employees (if there have been no reductions in staff), records and property are transferred to the full ownership of another company. All employees must familiarize themselves with the order against signature, and it is necessary to take into account in advance the fact that, perhaps, not all of them will agree to cooperate with a third-party organization.

The presented order form also establishes the need to legally make changes to the work books of employed citizens, clarifies which employee is responsible for compliance with the points of the order and contains detailed information about all participants in the reorganization by affiliation.

Like other internal local acts, the order for reorganization is registered in the journal of internal local acts and, in the future, is transferred for storage to representatives of the reorganizing companies.

How is reorganization carried out in the form of affiliation in 2018

The Russian economy is undergoing significant changes, which have a significant impact on the activities of all enterprises.

Only by joining their efforts can market participants survive, stay afloat, and optimize taxation and management of legal entities.

The pressing question remains: “How is the reorganization in the form of affiliation carried out in 2018?”

Basic information

The current civil legislation provides for the following forms of changing the legal status of legal entities:

Joining.
Merger.
Separation.
Transformation.
Selection.

To unite organizations, the first two methods are used. A combination of several of them is also allowed.

What it is

Reorganization of an LLC is the formation of one legal entity from several companies on the basis of legal succession.

As a result, the business expands, the financial position of the enterprise improves, and unnecessary attention from the tax inspectorate is not attracted.

Reorganization is also one of the forms of liquidation of a legal entity. Affiliation is the process of several organizations joining one.

The affiliated companies transfer their responsibilities, rights, and privileges to the main company, and they themselves cease to exist as legal entities (Article 17 of the Federal Law No. 208, Article 53 of the Federal Law No. 14).

A larger business entity absorbs their assets and liabilities, while maintaining all their data in the state register (OGRN and TIN).

Corresponding changes are made to the charter of the legal successor. After which the amendments made are subject to state registration.

According to Article 57 of the Civil Code of the Russian Federation, only when an entry is made in the state register about the liquidation of an affiliated business entity, the reorganization is considered completed.

On September 1, 2014, amendments to the Civil Code of the Russian Federation (Federal Law No. 99 of May 5, 2014) concerning the accession procedure came into force.

These include:

For what purpose is it carried out?

Most often, affiliation is used so that companies can, by combining their statutory goals, achieve the most effective result in the use of assets.

For the liquidation of a company, this process is more acceptable, since there is no need to open a new organization. It only takes three months to achieve this goal.

To carry out legal actions for reorganization and have it recognized by higher authorities, they adhere to the norms set out in the Civil Code.

By a court decision, the process is declared invalid if discrepancies with the law are found.

Current standards

Russian laws control the process of enterprise reorganization. Violating them entails unpleasant legal consequences.

The procedure is determined by the following legislative acts:

The process of joining some forms of budgetary organizations is controlled by special laws regulating their work. For this purpose, some by-laws have also been issued.

Decree of the Government of the Russian Federation No. 110 dated February 26, 2004 describes the rules for cooperation between authorities during state registration of legal entities during reorganization.

The procedure for reorganization in the form of affiliation in 2018

Before starting the reorganization process, you must carefully study and review the step-by-step instructions.

This will help you have a good idea of what the merger of one business entity with another is and what measures it will require. Now about everything in more detail.

Decision-making

Based on the first paragraph of Article 57 of the Civil Code of the Russian Federation, the process of reorganization of a legal entity is carried out only after a unanimous and positive decision of all its participants (founders).

This responsibility may be assigned to another enterprise authorized by the constituent documents. How this stage will go is determined by the organizational and legal form of the business entity.

For example, in an LLC, decisions are made at a general meeting of participants. Usually this is an extraordinary convening of all founders of the company.

At this stage, a decision is made, the terms of the contract, the transfer act and other organizational issues are approved.

According to the letter of the Ministry of Finance of Russia dated June 16, 2003 No. 03-01-01/08-176, the final decision reflects:

the basis for the merger of the enterprise;
date of the procedure;
timing of the events;
appointment of a responsible person;
financing expenses.

Based on the approved decision, an order to carry out the event is issued, and workers are also notified of the planned changes.

Each employee is notified in writing. In this case, employees must sign the notice of reorganization.

The process entails changes to the staffing schedule, the creation of additional units, and the introduction or replacement of some positions.

If the founder of the company is one person, then the corresponding document is drawn up.

Within three days, state registration authorities and creditors are notified, and at the same time a publication is made in the media.

The legislation of the Russian Federation determines the bodies that are responsible for the merger of federal institutions.

Coordination and regulation of the process is entrusted to the Ministry of Finance of Russia, the Ministry of Economic Development, and the Ministry of Health and Social Development.

Decisions of supervisory government agencies provide for the purpose of the organization’s activities, the number of employees, as well as the amount of allocations for the implementation of the connection project.

Step-by-step instruction

Merger remains a popular and sought-after method of reorganizing a legal entity.

However, numerous amendments made to the legislation of the Russian Federation have made it not so attractive for the liquidation of organizations. For the most part it is used for economic purposes.

Sequence of actions when reorganizing an enterprise:

Choose a method by meeting participants.
Conclude an affiliation agreement.
Notify the registration authority, extra-budgetary funds, known creditors.
Place an advertisement twice in the State Registration Bulletin.
Generate the necessary package of documents.
Conduct an inventory of property and draw up a transfer deed.
Make appropriate changes to the charter of the remaining legal entity.
Receive confirmation of completion of the procedure from the control service.
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An elementary school is being added to the basic school and a branch is being created. The school has joined what orders need to be issued. (need sample orders)? What entries should be made in workers’ work books?

Answer

Affiliation is a type of reorganization in which all the rights and obligations of the reorganized organization are transferred to the organization to which it joins (Clause 2 of Article 58 of the Civil Code of the Russian Federation). Upon completion of the merger, the reorganized organization is excluded from the register of legal entities.

Reorganization itself cannot be grounds for terminating an employment contract with an employee of the organization. Consequently, after the reorganization, the organization’s employment relationship with the employee does not terminate, that is, it is considered that the employee continues to work in the same organization.

draw up a staffing schedule;

notify employees of the upcoming reorganization;

formalize the termination of the employment contract with employees who refused further work in connection with the reorganization;

prepare documents for employees who continue to work after the reorganization.

For more details on how to prepare personnel documents during the reorganization of an organization, as well as samples of the necessary documents, see below in the text.

Details in the System materials:

Answer: How to prepare personnel documents during the reorganization of an organization

Reorganization is regulated by the norms of the Civil Code of the Russian Federation and can occur in the forms, (). Regardless of the form of reorganization, labor relations with employees continue ().

The procedure for preparing personnel documents during reorganization should be distinguished from the procedure.

The procedure for personnel changes during reorganization

To formalize personnel changes during reorganization:

Drawing up staffing schedules and notifying employees during reorganization

First, the manager determines the structure, staffing and staffing levels of the successor organization. This is what he is for. This is stated in the guidelines approved.

In the staffing table, reflect the introduction and exclusion of new structural units and positions. If the reorganization is accompanied by a reduction in the number of employees, do not include the positions of employees subject to reduction in the new staffing table. This follows from.

Registration of dismissals and changes in personnel documents in connection with the reorganization

Reorganization itself cannot be grounds for terminating an employment contract with an employee of the organization (). However, you can dismiss an employee in this situation:
- if the reorganization is accompanied by ();
- if an employee refuses to continue working due to reorganization ().

To formalize the dismissal of an employee, obtain his refusal to continue working in connection with the reorganization (). An employee can express his refusal by making an appropriate entry in or writing a separate statement in. Based on the formalized refusal, issue a dismissal order and make an entry to the employee (Rules approved).

To formalize personnel changes in connection with the reorganization, issue an order in. For employees who agree to continue working after the reorganization, write a letter indicating the changed details of the employer (). In addition, new working conditions for employees, if they have been changed ().

If an employee’s division changes during reorganization and he agrees to continue working, (). At the same time, in the employee’s work book (clause, Rules, approved).

If an employee was transferred to another organization due to reorganization, then he does not need to pay compensation for unused vacation. This is explained by the fact that after the reorganization, the organization’s employment relationship with the employee does not end, that is, it is considered that the employee continues to work in the same organization ().

Transfer of personnel documents to the successor organization

Personnel documents of a reorganized organization that ceases its activities must be kept by the successor organization to which its rights and obligations are transferred. An exception to this rule will be a reorganization in the form of a spin-off, in which only part of the personnel documents is transferred to the legal successor. This is due to the fact that during reorganization in this type, the reorganized organization continues its activities and only part of its rights and obligations passes to the legal successor. This conclusion can be drawn from the Civil Code of the Russian Federation.

Situation: Is the employer obliged to notify employees about the upcoming reorganization

The answer to this question depends on whether the terms of the employees' employment contracts change or not.

If the terms of employment contracts do not change after the reorganization, the employer may not notify employees (). In this case, employees may refuse to continue working due to the reorganization of the organization (). Therefore, warn employees about the upcoming reorganization by writing notifications in.

Situation: Is it necessary to make an entry about the reorganization in the employee’s work book?

Yes need.

According to Rostrud, an entry about the reorganization must be made in the work book, referring to the corresponding decision of the founders (another body authorized to do so by the constituent documents) ().

At the same time, neither the approved nor the approved contain the procedure for making an entry on the reorganization.

At the same time, the legislation provides for the procedure for making an entry in the work book about changing the name of the organization (Instructions approved). A similar procedure is recommended for making entries in the event of reorganization.

Thus, enter a record of reorganization in the same way as a record of renaming an organization. The order is as follows:

in columns 1 and 2 do not enter the serial number and date of entry;

in column 3, make an entry about the reorganization indicating its type (by , );

in column 4, enter the date and number of the decision on reorganization.

Ivan Shklovets

Deputy Head of the Federal Service for Labor and Employment

Forms: Notification of an employee about the reorganization of the organization

Chief accountant
CJSC "Alfa"
A.S. Glebova

NOTICE #1

about the reorganization of the organization

Moscow 09/13/2011

Dear Alla Stepanovna!

We notify you that the closed joint stock company "Alpha" will be reorganized by merging with the limited liability company "Trading Company "Hermes"".

We inform you that in accordance with Part 5 of Article 75 of the Labor Code of the Russian Federation, the reorganization of an organization does not entail the termination of employment contracts with its employees.

At the same time, in accordance with Part 6 of Article 75 of the Labor Code of the Russian Federation, you have the right to refuse to continue working in connection with the reorganization. In this case, the employment contract concluded with you will be terminated under clause 6 of part 1 of Article 77 of the Labor Code of the Russian Federation (the employee’s refusal to continue working in connection with the reorganization of the organization).

In case of your refusal to continue working in connection with the reorganization, we ask you to inform the personnel service by October 12, 2011.

Forms: Order on reorganization of the organization

Limited Liability Company "Trading Company "Hermes""

ORDER No. 2
on the reorganization of ZAO Alfa

Moscow 10/13/2011

In connection with the reorganization of the closed joint stock company "Alpha" in the form
joining the limited liability company "Trading Company
"Hermes""

2. Head of HR Department E.E. Thunderous:

2.1. Make changes to employee employment contracts.

2.2. Make appropriate entries about the reorganization in the workers’ work books.

3. Secretary E.V. Ivanova to acquaint E.E. Gromov with this order until October 14, 2011.

4. I reserve control over the execution of this order.

Reason: certificate of termination of activities as a result of reorganization in the form of merger dated October 13, 2011.

Forms: Additional agreement to the employment contract. Reorganization in the form of merger

ADDITIONAL AGREEMENT No. 3
to the employment contract dated 02/07/2009 No. 348

Moscow 10/13/2011

Limited Liability Company "Trading Company "Hermes"", hereinafter referred to as the "Employer", represented by the General Director Alexander Vladimirovich Lvov, acting on the basis of the Charter, on the one hand, and the chief accountant Alla Stepanovna Glebova, hereinafter referred to as the "Employee", on the other hand, in connection with the reorganization of the closed joint-stock company "Alpha" in the form of merger with the limited liability company "Trading Company "Hermes"" (LLC "Trading Company "Hermes"), we agreed to include in the employment contract dated 02/07/2009 No. 348 (hereinafter referred to as the Employment Contract) the following changes:

4. This additional agreement is drawn up in two copies, one copy each for the Employee and the Employer, and comes into force on October 13, 2011. Both copies have equal legal force.

Signatures of the parties:

Employment history

Job details

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				Closed Joint Stock Company "Alfa" (ZAO Alpha)

From this article you will learn:

what is reorganization in the form of merger;
how to properly complete the reorganization by merger;
How is it correctly issued and why is an order for reorganization by merger needed?

Reorganization in the form of merger

Registration of reorganization by merger

It is important to remember that it is necessary to notify the Federal Tax Service, after which all organizational issues take place, such as:

making an entry in the Unified State Register of Legal Entities;
publication of a message about the reorganization in local media;
publication of the transfer deed;
payment of state duty.

Order on reorganization by merger

When reorganizing in the form of a merger, it is not necessary to enter into new employment contracts with the employees of the acquired company.

In this situation, the new employer does not have the right to terminate old and enter into new contracts with employees of the affiliated organization, as well as transfer to a new job. Therefore, orders for hiring a new job or transfer are not drawn up.

During reorganization in the form of merger of a legal entity with another legal entity, the rights and obligations of the merged legal entity are transferred to the latter in accordance with the transfer act (Article 58 of the Civil Code of the Russian Federation).

Labor legislation, in turn, establishes that reorganization (merger, accession, division, spin-off, transformation) or change in the type of state or municipal institution cannot be grounds for termination of employment contracts with employees of an organization or institution (Article 75 of the Labor Code of the Russian Federation). The employee may refuse to continue working in the reorganized organization. In this case, the employment contract is terminated in accordance with clause 6 of Art. 77 Labor Code of the Russian Federation.

Consequently, during reorganization, including in the form of merger, employment contracts with employees of the affiliated organization are not terminated. In other words, the employer should not fire employees and hire them to work in a new (reorganized) organization. Due to legal succession, the new, reorganized organization automatically becomes the employer. And since labor legislation establishes that during a reorganization, employment contracts with employees are not terminated, it is necessary to formalize changes to the existing employment contracts of employees (conclude additional agreements), in which the employer will be a new organization.

The Labor Code of the Russian Federation also does not provide for the registration of transfer of employees in the event of reorganization. Transfer to another job is a permanent or temporary change in the labor function of the employee and the structural unit in which the employee works (if the structural unit was specified in the employment contract) while continuing to work for the same employer, as well as transfer to work in another location together with the employer (Article 72.1 of the Labor Code of the Russian Federation). This procedure does not apply when the employer is reorganized.

Thus, when reorganizing in the form of affiliation, there is no need to either conclude new employment contracts or formalize the transfer of employees. In our opinion, in this situation, the new employer should issue an order and establish that all employees of the affiliated organization become employees of the new organization. Based on this order, entries should be made in the work books and personal cards of employees.

www.eg-online.ru

Rights of employees during enterprise reorganization

Reorganization of a legal entity can be carried out in several ways: accession, merger, transformation, separation and division. Although the first option is most often used. Many employers believe that a new organization is being created and in this process they are trying to get rid of “extra” employees or reduce salaries.

In fact, most such actions are illegal, since employment contracts remain in force. In order not to get caught, you need to know what the employee has the right to during the reorganization of the enterprise.

What happens to employees during enterprise reorganization?

In cases where the structure does not change significantly, similar positions remain, the office does not change its address, the employee may simply not be aware of the events being carried out. When signing the addendum to the contract, they will familiarize him with the updated details of the enterprise.

If this is a reorganization in the form of annexation, division, merger, then most often the working conditions of employees change:

change of office location, production facilities;
schedule;
principles of salary calculation and incentive payments.

The same situation will happen to employees if the staffing table changes or certain positions are cut. An employee’s rights during reorganization in the form of affiliation include notification of the planned release and receipt of an offer of a similar position or with a lower salary if it is impossible to offer the same conditions.

Regardless of the situation, the employee has the right to refuse such an offer and resign from the company.

The procedure for releasing employees during reorganization

According to clause 5 of Article 75 of the Labor Code, reorganization of a legal entity or change of subordination are not grounds for termination of employment contracts. In any form of transformation, they are not compiled again, but only additions are made regarding new information. If the manager decides to make significant changes, he must obtain the employee's consent. It is very important to respect the rights of workers when reorganizing enterprises in terms of dismissal. Release is possible in several cases:

reduction in staffing levels according to clause 2 of Art. 81 TK;
refusal of an employee upon change of owner, subordination under clause 6 of Article 77 of the Labor Code;
when the owner of the property changes at his request regarding the manager, deputies, accountant under clause 4 of Art. 77 TK;
employee refusal when changing the terms of the employment contract.

Also in accordance with paragraph 6 of Art. 75 of the Labor Code, upon receipt of the employee’s refusal to continue activities during the reorganization, the employment contract is terminated. In this case, dismissal occurs under clause 6 of Art. 77 TK.

If an organization plans to be laid off, employees are notified of this 2 months in advance.

It is necessary to attach a job description to such a proposal and provide a place for a signature confirming familiarization with it. Next to each vacancy, the employee must put a mark indicating his consent or refusal to take the proposed position. Such documents are prepared in 2 copies, one of which is handed over to the employee, the second remains at the enterprise.

Procedure for staff reduction

When releasing employees, it is very important to take into account all the nuances in order to avoid controversial situations and litigation. All activities must be carried out in full compliance with the Labor Code, preferably with legal advice. Reduction of employees during reorganization through affiliation and others occurs as follows:

Making a decision to reduce staff.
Registration of the decision made, preparation of a new staffing table, its approval and preparation of an order for entry into force no earlier than in 2 months.
Determination of employees for whom there is a restriction on dismissal.
Determination of employees with preferential rights to occupy positions.
Notifying each employee of the planned layoff 2 months in advance.
Sending a message to the employment center about the release.
Offering employees whose positions were cut other positions with different working conditions.
Drawing up an order to terminate an employment contract.
Issuing a work book, other documents and making payments.

Registration of employees during reorganization

The reorganization is considered completed upon receipt of new registration documents from the tax office. The next step is to prepare a reorganization order and familiarize employees. This can be done in several ways:

read the order against personal signature;

send individual letters with information;

at a meeting under the minutes.

In this case, the personnel department is obliged to make a corrective entry in the work book. A separate line in the “Work Information” section (column 3) should indicate “Lebed LLC was reorganized from September 1, 2016 by merging into Shchuka LLC.” Column 4 indicates the basis. This may be a decision of the founder or an authorized body.

Also, such information is entered into the employee’s personal file or card, depending on the office work established at the enterprise.

Guarantees for certain categories

If there is a layoff in a company during reorganization, and it is not possible to employ everyone, then, according to Art. 179 of the Labor Code, preference is given to employees with the highest productivity and qualifications. But if the indicators are equal, then other criteria are taken into account. Preference is given to the following persons:

family workers with 2 or more children or disabled persons supported by the employee;

employees whose source of income is the only one in the family;

employees who have received work-related injuries, mutilations, or occupational diseases;

disabled people of the Second World War;

persons undergoing advanced training without interruption from work (if directed by the employer).

It is unacceptable to terminate a contract with pregnant women.

Benefits and compensation that an employee can count on upon dismissal

It is necessary to respect the rights of the employee during the reorganization of the institution and provide the following compensation:

pay severance pay, the amount of which is equal to the average monthly salary;

maintain your average monthly salary for another 2 months from the date of dismissal;

the employee receives payments within 3, not two months, subject to contacting the employment agency within 2 weeks after dismissal.

The first two payments to employees during the reorganization of an enterprise are assigned to the former employer. In addition to compensation, the employee retains continuous service, but not more than 3 months.

If an employee worked part-time, then upon redundancy he is entitled only to severance pay. He is not entitled to any other compensation, since he already has a position.

To avoid controversial situations, the employer must explain to the employee his rights during reorganization. Most often, this takes place in the form of negotiations, conversations, where a lawyer or HR employee will explain the rules of the law. Although they are quite transparent, some employees may perceive the information differently.

If an employee still believes that his rights have been violated, he can contact the prosecutor's office or the labor inspectorate. To do this, you need to prepare an application where you indicate all the facts and attach documents issued to you by the organization.

www.pro-personal.ru

Order on reorganization

Reason for drawing up the order for reorganization

In the course of its activities, the employer, for one reason or another, may carry out reorganization.

In Art. 75 of the Labor Code of the Russian Federation describes in detail the legal consequences for employees.

After entering information about the reorganization into the Unified State Register of Legal Entities, the employer must issue an order.

The procedure for drawing up and contents of the reorganization order

The labor legislation of the Russian Federation does not provide for a unified form of this order, therefore HR specialists draw up the document arbitrarily.

The presented sample reorganization order contains the following information:

a list of information about the employer that has changed (for example: indicate the new name of the employer);

form of reorganization;

date of entering information about changes in workers’ work books;

procedure and date for notifying employees;

information about the employee who is responsible for monitoring the execution of this order (full name and position);

etc.

The order must be signed by the head of the organization, and the order must be presented to the interested parties under the signature.

We formalize relations with employees during reorganization

Requirements for the execution of documents drawn up in such a situation have not been established. We present their possible samples.

Please note that we are considering a case where, as a result of reorganization, only the name of the employer changes, but the terms of the employment contract remain the same.

What does the reorganized company do?

STEP 1. We notify each employee in writing about the reorganization

The notification is prepared in any form.

Limited Liability Company "Nostalgia"

Accountant Kiseleva O.I.

NOTIFICATION

Dear Olga Ivanovna!

We notify you that in connection with the decision of the general meeting of participants dated November 15, 2011, Nostalgia LLC will be reorganized from February 1, 2012 in the form of merger with Harmony LLC.

Based on Art. 75 of the Labor Code of the Russian Federation, reorganization is not a basis for terminating employment contracts with employees.

But you have the right to refuse to continue working in connection with the reorganization. In this case, the employment contract with you will be terminated in accordance with clause 6, part 1, art. 77 of the Labor Code of the Russian Federation. Payment of severance pay and preservation of average earnings for the period of employment upon dismissal on this basis, Art. 178 of the Labor Code of the Russian Federation are not provided for.

If you refuse to continue working due to the reorganization, please notify the HR department no later than January 31, 2012.

STEP 2. We take applications for dismissal from employees who refused to work for the successor

The application is drawn up in any form.

It can be formatted like this.

to CEO
LLC "Nostalgia"
Biryukov I.N.
from the seller
Zvereva Anna Igorevna

I ask you to dismiss me effective January 31, 2012 due to refusal to continue work in connection with the reorganization of Nostalgia LLC in the form of merger with Harmony LLC.

Zvereva A.I.

STEP 3. Formalize your dismissal

We issue dismissal orders using the unified form No. T-8.

Based on these orders, we make entries in the work book of employees who refused to work for the successor.

What does the assignee do?

STEP 1. We issue an order for the “transfer” of workers from one company to another

An order in a free form is needed so that the accounting department of the legal successor includes in its payroll the employees who “transferred” from the reorganized company.

Limited Liability Company "Harmony"

Order No. 1k

In connection with the reorganization of Nostalgia LLC in the form of merger with Harmony LLC, from February 1, 2012, employees of Nostalgia LLC who did not refuse to work in connection with the reorganization are considered employees of Harmony LLC.

STEP 2. We make entries in work books and personal cards of employees

The procedure for making entries in the work books of employees during reorganization in the Instructions for filling out work books to approved. Not defined by Resolution of the Ministry of Labor dated October 10, 2003 No. 69. We contacted Rostrud for clarification.

From authoritative sources

“An entry is made in the workers’ work books that the organization has been reorganized, with reference to the corresponding decision of its participants.

It seems that the entry in this case may be similar to the entry on the renaming of the organization, an example of which is indicated in clause 3.2 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69. In particular, in column 3 of the section “Information about work » of the work book, it should be indicated that the organization such and such was reorganized into such and such a date, and in column 4 the basis for the reorganization is indicated - an order (instruction) or other decision of the employer, its date and number.

Moreover, if during the reorganization of the organization the employee’s labor function does not change, then only an entry about the fact of the reorganization should be made in the work book of such an employee. A record of appointment to a position in a new organization is made only when the employee’s job function changes.

In the work book, the successor makes entries as follows.

You make a similar entry in the “Other information” column of Section III “Hiring and transfers to another job” of employees’ personal cards in form No. T-2.

STEP 3. We make a note about the reorganization on the employment contract with each “transferred” employee

On a copy of each employee's employment contract, an inscription about the change of employer must be made.

Since 2012, educational institutions of both preschool and school types have been optimized. Optimization of schools consists of their unification, and the subsequent separation of elementary schools from middle and high schools. What happens to the reorganized school?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Concept

Reorganization is the termination of one form of business ownership and the creation of a new one, entailing the emergence of succession relations.
An educational institution is an institution that carries out the learning process and is also responsible for organizing this process. As part of its activities, it implements one or more educational programs.

Legislation

Any school is a legal entity, therefore the reorganization process is carried out on the basis
But, since this is still an educational institution, it is worth relying on the norms

The following have the right to make decisions on school reorganization:

as authorities at the federal level;
and at the regional level.

For what purpose is it carried out?

The reorganization of schools is carried out in order to optimize the learning process for children.
In addition, officials call the main goal of merging schools to reduce the cost of maintaining incomplete schools, as well as to improve the network of state educational institutions.

As a rule, this leads to a decrease in the efficiency of the educational process and a decrease in the quality of education in a particular school.

main feature

The peculiarity of school reorganization is that the effectiveness of the decision on reorganization is subsequently assessed.

The following is checked:

provision of children with school supplies;
organization of the educational process, as well as leisure time for schoolchildren;
catering;
efficiency of medical care;
organization of social protection and social services for schoolchildren.

Video: innovations

Forms

Like any legal entity, the school can be reorganized in the following forms:

a merger is the combination of several existing enterprises into one. At the same time, those legal entities that merge cease to exist and form a new enterprise;
Merger scheme: A + B = C, while A and B cease their activities, and B begins.
affiliation - one enterprise merges into another, and at the same time ceases to exist;
Scheme: A + B = A, while b ceases its activities, and A continues, maintaining the same TIN.
division - on the basis of one legal entity that ceases to exist, new companies are formed;
Scheme: A / 3 = B1, B2 and B3, while A ceases its activities.
by separation - the formation of a new legal entity. At the same time, the old enterprise continues to exist and conduct economic activities;
Scheme: – A – B = A and B, while A does not cease its activities.
transformation - one enterprise ceases its activities, and on its basis, as a rule, one enterprise arises, less often - several, with a different form of ownership.
Scheme: A => B, while A ceases its activities.

Order

The reorganization of a school, like any legal entity, is carried out according to a single scheme, but taking into account some features.

The step-by-step instructions for reorganizing a school by affiliation are as follows:

making a decision on reorganization.
It is accepted either by the founder or an authorized government agency. Reorganization can also be carried out by court decision;
on the basis of the decision made, a Resolution is issued at the level of government at which the decision to carry out reorganization in this educational institution was made;
it is necessary to resolve the issue with the staff;
There are two ways - either downsizing or changing the terms of the employment contract. In both cases, all employees of both institutions must be notified in advance 2 months before upcoming changes. Example
While the HR department is resolving the issue with employees, the accounting department is creating a separation balance sheet, on the basis of which the transfer deed will be drawn up;
make an official notification through the media with help magazine "Bulletin of State Registration" ;
a notice of reorganization must be sent to each creditor and debtor;
This is necessary to pay off debts and collect receivables. And, although the school is a government institution, it also has creditors and debtors.
when all the documents are ready, they must be submitted to the tax office;
then register a new educational institution (or institutions) if the reorganization involves their creation.

Solution

The decision to reorganize the school is made:

or its founder;
or an authorized government body.

This body also approves the initial reorganization measures. They depend on the form in which the reorganization will take place.

Resolution

Based on the decision made, a legal act is issued - a Resolution at the level of government that made the decision to reorganize a particular educational institution.

This document provides the following information:

details of the decision made;
full and abbreviated name of the educational institution being reorganized;
form of reorganization;
appointment of a responsible person or responsible body on behalf of the founder or authorized government agency;
instructions to carry out relevant activities;
instructions to draw up a transfer deed and prepare the necessary documents.

If during the reorganization a new educational institution is created (merger, division, spin-off or transformation), then the resolution must also indicate the following information:

type, type and full name of the newly created educational institution;
executive body under whose jurisdiction the new educational institution will be located;
formation of property of a newly created educational institution.

Notification

It is necessary to properly resolve the issue with the staff of the reorganized school.

Depending on the form of future changes, they are “threatened” with either staff reductions or changes in the terms of the employment contract.

In any case, all personnel must be notified at least in advance. 2 months before the start of all reorganization activities.

The notice must be in writing and sent to each employee personally. In addition, the employee must sign the notice.

The founder of the school must order such an examination, and it is carried out according to the standards that are independently established by the authorities of the subject.

The commission that conducts the impact assessment includes:

managers and specialists of local education authorities;
managers, economists and lawyers of local authorities;
representatives of local government;
a representative of the institution that was reorganized.

Based on the results of the examination, the commission members issue their conclusion, which contains the following information:

justification for the need for reorganization.
a direct indication of how the right of students to receive free secondary education will be realized;
option for employing workers if there is a reduction in staff or mass layoffs;
predicted consequences of the decision to reorganize. What does the future hold for the school?

Workers' rights

When reorganizing a school, the rights of all employees must be respected in accordance with the Labor Code of the Russian Federation. If there is a reduction, then all payments must be made; if the terms of the employment contract are changed, then they must be no worse than in the previous one.

That is, if there is a change in salaries, then it cannot be allowed for the salary at the new place of work to be lower than at the previous one, while maintaining the same amount of work.

Otherwise, inspections and litigation cannot be avoided.

An employee has the right to refuse to work for new management. It's his right! This is stated in

Advantages and disadvantages

Reorganizing schools has its pros and cons. However, there are more disadvantages than advantages.

The disadvantages include:

classes are becoming more 25 people, or even 30 ;
the educational process suffers;
some schools are moving to a “lower” level of education;
For example, merged a comprehensive school and a school with the status of a “gymnasium”. Those children who studied in the “gymnasium” lost their education, since the new school was transferred to the general education level.
Often, it becomes more difficult and further for students to get to school;
This especially applies to the reorganization of rural small schools. When, For example, unite several rural schools to fully equip classes and teaching staff. Often children have to travel several kilometers to other villages.
reduction of teaching staff;
retraining of teachers. For example, combining sports and regular schools;
an increase in the teaching load on teachers at the same salary.

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Order on reorganization

Reason for drawing up the order for reorganization

The procedure for drawing up and contents of the reorganization order

Company reorganization: preparing personnel documents

Should the employee know about the upcoming reorganization?

Articles on the topic

Reorganization in the form of merger

Read more about the reorganization here:

Registration of reorganization by merger

Order on reorganization by merger

How is reorganization carried out in the form of affiliation in 2018

Basic information

What it is

For what purpose is it carried out?

Current standards

The procedure for reorganization in the form of affiliation in 2018

Decision-making

Step-by-step instruction

Answer

Reorganization in the form of merger

Read more about the reorganization here:

Registration of reorganization by merger

Order on reorganization by merger

When reorganizing in the form of a merger, it is not necessary to enter into new employment contracts with the employees of the acquired company.

Rights of employees during enterprise reorganization

What happens to employees during enterprise reorganization?

The procedure for releasing employees during reorganization

Procedure for staff reduction

Registration of employees during reorganization

Guarantees for certain categories

Benefits and compensation that an employee can count on upon dismissal

Order on reorganization

Reason for drawing up the order for reorganization

The procedure for drawing up and contents of the reorganization order

We formalize relations with employees during reorganization

What does the reorganized company do?

STEP 1. We notify each employee in writing about the reorganization

Limited Liability Company "Nostalgia"

NOTIFICATION

STEP 2. We take applications for dismissal from employees who refused to work for the successor

STEP 3. Formalize your dismissal

What does the assignee do?

STEP 1. We issue an order for the “transfer” of workers from one company to another

Limited Liability Company "Harmony"

Order No. 1k

STEP 2. We make entries in work books and personal cards of employees

From authoritative sources

STEP 3. We make a note about the reorganization on the employment contract with each “transferred” employee

Concept

Legislation

For what purpose is it carried out?

main feature

Video: innovations

Forms

Order

Solution

Resolution

Notification