home Investment Dismissal due to staff reduction. Step-by-step instructions for the procedure for dismissal in case of redundancy. Making redundancies is expensive

Dismissal due to staff reduction. Step-by-step instructions for the procedure for dismissal in case of redundancy. Making redundancies is expensive

Losing a job is not exactly a pleasant moment. This may happen according to own will. Often there are layoffs due to redundancy. The payment of benefits in this case is guaranteed by law. The procedure for leaving work for this reason has its own characteristics.

concept

Reduction of staff is a procedure enshrined in law. Dismissal in this case should occur according to the Labor Code of the Russian Federation. Failure by the employer to fulfill its conditions entails the reinstatement of the employee to the position.

In addition, the employer pays for illegal dismissal salary for the duration of the absence. Often disputes over work are resolved in court. Moreover, the side of former employees is often taken.

Rules of law

Issues related to reduction are regulated by the Labor Code of the Russian Federation. Based aspects are present in:

Art. 178 and 179 - requirements and order.
Art. 261 - guarantees.
Art.296 - provisions on the reduction of seasonal workers.

The rights

The rights of the employee in case of staff reduction are protected by law. Some employees are provided with guarantees that protect against dismissal. They can be reduced only upon liquidation of the institution. There are some categories of people who are given a priority right to remain in office. Therefore, if it is liquidated, the employer must offer the person another job.

Enjoy the benefits:

Employees who have been ill or injured as a result of their work.
Persons who are dependent on 2 or more disabled people.
Employees who are considered the sole breadwinners in the family.
War invalids.
Workers who improve their skills.

For example, a person is considered the only one in the family who brings income. In case of liquidation of the position, the employer is obliged to offer him another vacancy.

Reduction features

Dismissal may be carried out due to a reduction in staff or the elimination of a position. These procedures have their own characteristics. By law, management is not required to provide arguments that led to such events. But he still has to provide the reasons for the excess of personnel.

State - total amount firm positions. Its reduction is often independent of management. But still, the norms of the Labor Code of the Russian Federation must be observed. In some cases, the reduction does not involve layoffs, but only the redistribution of employees. It may also apply to specific position. Then a new schedule is drawn up, where there are no old posts.

The dismissal can affect all employees. This also applies to pensioners. The payment of benefits is guaranteed by law. For example, a person registers with the employment service in order to receive income, and in the meantime is looking for new job. A minor can be dismissed only with the complete liquidation of the institution, as well as with the permission of the State Inspectorate. In other cases, it is illegal to deprive people under 18 of their jobs.

Description of the procedure

There is a procedure for layoffs to reduce staff. When it is carried out, there is no reason to go to court because of illegal actions. The procedure is as follows:

An order is created. It should contain lists of positions that need to be reduced. The persons responsible for this procedure are also indicated. The form of the document is arbitrary.
A new schedule is drawn up based on Form No. T-3. It indicates the number of staff units, positions, rates and salaries.
An order is issued on the basis of the introduction staffing. The document informs employees about the beginning of its action.
Candidates' personal files are being considered. A commission is organized to analyze the advantages of people. Based on the results, a protocol is drawn up, which indicates the conclusions about the impossibility of dismissing employees.
An alert is issued to employees about an upcoming event. All persons indicated in it must read and sign.
Those employees who decide to terminate the contract ahead of schedule need permission for early termination. It is sent to the employer in writing.
The notification is then sent to the employment center and the trade union.
If the employer has vacancies, the laid-off workers can fill them.
After all issues are resolved, an order of the form No. T-8 is issued to terminate the contracts.
Entries are made in work books, where paragraph 2 of part 1 is indicated
Employees get paid. Income statements for 2 years can also be provided.

This is the procedure for dismissal to reduce staff. If an employee who is registered with the military was fired, the management is given 2 weeks to notify the military registration and enlistment office about this. When reducing the person from whose income the funds were paid under the writ of execution, then the bailiff should be notified about this.

Notification

Only after notification should there be a dismissal due to staff reduction. The payment of benefits will be a legal measure of social protection of citizens. The notice must be issued 2 months before the new schedule takes effect. It includes a list of all dismissed. When a seasonal worker is laid off, notification must occur 7 days in advance. If an employee whose contract is valid for 2 months leaves, then the notification occurs 3 days in advance.

Without notification, the procedure will be invalidated. With the dismissal, a list of documents must be drawn up. In this case, the employer must comply with certain deadlines. For example, from the date of issue of the order to the procedure itself, at least 2 months must pass. Only in this case the procedure will be legal.

Payouts

If there was a dismissal due to a reduction in staff, the payment of benefits is guaranteed. Provided:

Salary for the last month and compensation for unused vacation. Must be paid no later than last day work.
severance pay. If there was a dismissal due to staff reduction, the payment of this type of benefit is mandatory. It is transferred within 3 months after the reduction, if the person did not get a new job. For the first time, it is paid in advance, taking into account the calculation upon dismissal.
Privileges. Provided upon registration at the employment center, if no new job has been found for 3 months. Only then does this organization provide redundancy payments. Examples and features of these procedures allow you to understand what to expect. For example, if a person is considered unemployed for 4 months, then the employment center provides benefits, so the person can search for a suitable position.

Payouts

If there was a procedure for reducing an employee, he will receive payments based on the norms of the law. In this case, the amount corresponds to the amount of the average monthly income.

Benefits are calculated as follows:

From 4 to 7 months - 75%.
From 4 months after the designated period - 60%.
Then - 45%.

Income must be provided to all, wherever layoffs occur. Examples of compensation will help determine how much to expect. taken into account average income employee. If it is 20,000 rubles, then in unemployment it will be 15,000 rubles from 4 to 7 months. Then the income will decrease. During this time, with the help of the employment center, you can search for a suitable vacancy.

Who is not allowed to be fired?

There are several categories of persons to whom guarantees are provided. It will not work to dismiss them, it is considered an exception. They should be offered other vacancies. The new job should be similar to the old one in terms of pay and qualifications.

Can't be fired:

Pregnant.
mothers of children with disabilities.
Mothers with children under 3 years of age.
Single mothers with children under 14.
Single fathers with children under 14.
Minors.
Employees on vacation.
Temporarily disabled.

Guarantees

The law provides guarantees for persons who have been laid off. They have a period during which you can find a new job. Employees are eligible for another position, if any. Transfer to another branch of the company is possible. The guarantee includes receiving benefits.

If there are complaints about the staff reduction procedure, within a month, you can go to court to appeal the decision. It should be borne in mind that this body does not always reinstate people in their positions. For example, this cannot be done if the employee does not fit the privileged category, and the procedure is performed legally. The court can change the wording of the entry in the work book, as well as ensure the transfer of payments for forced absenteeism.

And the employer can provide evidence of the legality of dismissal with the employee:

Old and new schedule: one document will indicate the position, and the second will not.
Personal files of candidates: one may have benefits, while the other may not.
A written refusal of a person to receive a new position.

Thus, dismissal on reduction has its own characteristics. Both parties need to take into account the norms of the law, since they regulate such relationships.

Job loss is the biggest problem that can be caused by the financial and economic crisis. To get out of a difficult financial situation, organizations resort to optimization production process. As part of the optimization, staff reductions are often made. Who can't be made redundant? What rights does a reduced employee have? What is the responsibility of the leadership of the organization?

What is downsizing?

Employees is a procedure for the abolition of positions (one or more), carried out in accordance with labor legislation. One of the methods of reducing units is the elimination of vacancies. The staffing table is the main evidence confirming the fact of a reduction in the number of employees. If the organization does not have a staffing table, then the payroll or list of employees can also act as a supporting document.

Legal downsizing

Russian labor legislation regulates the procedure and determines the grounds for layoffs. So, the employer can dismiss employees due to a reduction in the number of staff units, reorganization or liquidation of the enterprise. At the same time, the employer himself determines the optimal number of employees of the organization. By law, the employer is not required to justify the decision to dismiss an employee for reduction, however, formally, the procedure should be carried out on the basis of the Labor Code of the Russian Federation (Articles 82, 179, 180, 373). It is possible to dismiss an employee of an organization due to a reduction in the number of employees only when the position he occupies is liquidated.

Wrongful downsizing

In practice, there is often an illegal (imaginary) staff reduction, which has no real reasons. This procedure is illegal. Employers resort to this method when they need to fire an employee, but there are no real reasons for this. If the procedure for terminating contracts is carried out incorrectly or if it is not observed, the reduction is also considered unlawful. The rights of the dismissed person in this case can be defended in court. However, in practice it is quite difficult to convict employers of illegal actions.

How to get fired

This procedure consists of several stages.

Who can't be fired

In Russian labor legislation, there is a list of those employees who cannot be fired due to staff reduction. Who can't be fired?

Women with children under 3 years of age.
Women on parental leave (Labor Code of the Russian Federation, Article 256).
Single mothers with children under 14 years old (if a disabled child - up to 18).
Persons raising children under 14 years of age without a mother (if a disabled child - up to 18, article 261 of the Labor Code of the Russian Federation).
Employees of organizations on vacation or sick leave.
Minors without the consent of the state labor inspectorate.

Also, according to the Labor Code of the Russian Federation (Article 256), parental leave can be granted until the child reaches the age of 3 at the request of the mother. The workplace and position in this case are reserved for the woman.

Can a pregnant woman be fired on the basis of a layoff? Such dismissal is considered illegal. As stated, dismissal is permissible only upon liquidation of the organization.

The only exceptions are cases where the reduction takes place as part of the liquidation of the enterprise.

Who has the benefits

In addition to the list of those who cannot be fired due to staff reduction, the Labor Code also includes such a concept as “preferential right”. According to Article 179 of the Labor Code, this right gives employees of organizations an advantage in maintaining their jobs while reducing staff, depending on the quality of their work. job duties or social reasons. These workers are the last to leave.

Preferential rights are given to employees with high level qualifications and productivity. Also taken into account seniority and education. Qualifications must be supported by certificates of completion educational institutions, certificates of advanced training, extracts from the protocols of commissions on the assignment of a category or category, etc. To assess the level of qualification of employees, the management of enterprises can conduct certification, including unscheduled. However, the procedure for conducting such certifications should be reflected in the internal documents of the organization. If all employees have equal qualifications and labor productivity, the manager makes a decision on dismissal together with the trade union organization.

Employees also have the priority right to retain their jobs:

Containing two or more dependents (family circumstances).
Who independently support their family (there is no other source of income other than the salary of this employee).
During the period of fulfillment of labor obligations, injuries or occupational diseases from the employer conducting the reduction.
War invalids.
Improving qualifications without interruption from labor process in the direction of leadership.

The collective agreement may also establish other categories of employees with the preferential right to retain their jobs.

Features of dismissal to reduce pensioners

Often in Russian organizations persons who have reached retirement age also work. However, age is not the reason for the primary reduction. Article 179 of the Labor Code states that age can also be an advantage for an employee, since it can be an indicator of high qualification and productivity.

It says that pensioners should be provided with all guarantees and payments upon dismissal for reduction. Other interpretations of these legislative norms contradict the principles of equal rights of workers and non-discrimination in the sphere of work.

Reduction payouts

According to 140 upon termination labor relations with an employee, the management of the organization must settle with him and pay all the money due. Payments must be made after the employee submits the relevant request no later than the next day.

If an employee is fired due to a reduction in staff, he must receive severance pay, the size of which is equal to the average earnings per month. Within two months, the employee is paid severance pay for the duration of the search suitable job. This payment can also be made for the third month if the dismissed employee applies to the employment service within 14 days after the termination of the employment contract and does not find a suitable job.

Additional compensation is paid to employees who were laid off without warning and in agreement with the employer. The amount of the payment is determined by the amount of the average monthly earnings, calculated in proportion to the time left before the expiration of the notice of reduction. Pensioners, as mentioned above, are paid all compensation, as well as ordinary workers. The head, his deputies, the chief accountant are paid compensation in the amount of at least three average monthly salaries.

In addition, employees dismissed due to staff reductions are entitled to payment for the days worked in the current month and compensation for unused days holidays.

The amount of the severance pay can be disputed. In this situation, the organization pays the employee an undisputed part of the amount. The remaining part is paid on the basis of an agreement between the employee and management or by a court decision.

Alternative

An alternative to the dismissal of employees for reduction is the termination of labor relations by agreement of the parties. First of all, this is beneficial for the employer, since he is exempted from paying additional compensation and severance pay, the likelihood of appealing the procedure in court is minimized, and there is no need to notify the trade union, the employment service. In addition, the list of those who cannot be fired due to staff reduction does not apply to this procedure.

It is not uncommon for employers to force their employees to resign of their own free will. Thus, the employee is also deprived of severance pay and compensation, which he is entitled to during the reduction.

Employer's responsibility

Employers are liable in case of violation of the rules of the procedure for dismissal of employees in the event of a reduction in the number of staff. In case of violation of the terms of payments, according to Article 236 of the labor legislation, the employer is obliged to reimburse, in addition to the entire amount of money due to the employee, interest amounting to at least one three hundredth of the refinancing rate of the Central Bank of Russia for each day of delay. The same sanctions apply to employers in case of delay in payments. wages. If the employer does not fulfill the obligation to provide the dismissed employees with the available at the enterprise vacancies, this threatens him with a fine of 5-50 times the minimum wage in accordance with Article 5.27 of the Administrative Code.

What to do when cutting

If you were fired for a reduction, what to do? You can contact several authorities. To get started, you can send a written application to the trade union organization of the enterprise. The trade union is obliged to respond to the complaint within a week. An incident of wrongful redundancy may be reviewed by the Federal Labor Inspectorate and the Attorney's Office. If the labor inspectorate did not reveal violations of the procedure, a lawsuit can be filed. This can be done within a 90-day period from the moment the employee became aware of the violation of their labor rights. If the dismissed employee decides to challenge the termination of the employment contract, statement of claim must be filed within 30 days from the date of issue of the work book or a copy of the relevant order. Wrongfully dismissed employees do not pay duties and other legal expenses. If a redundancy dismissal is recognized as unlawful, the employee is reinstated at the previous workplace by the body that was authorized to consider the labor dispute. In this case, the employee is compensated for the average salary for the time forced absenteeism or the difference for the execution period low paying job as well as moral damage.

Dismissal due to a reduction in the number of employees in an organization can affect everyone. Therefore, it is so important to know the list of those who cannot be fired due to redundancy and who have a preferential right to retain their jobs. These issues are fully regulated by Russian labor legislation. The employer's decision to dismiss due to redundancy can be challenged both in court and by contacting the trade union, the prosecutor's office, and the Federal Labor Inspectorate. Russian labor legislation regulates the rights of a laid-off employee. If you have any difficulties, you should seek the help of a competent lawyer.

When enterprises are faced with an internal economic crisis, it becomes necessary to lay off employees who are part of the organization to reduce the staff. Such a procedure is provided for by the current legislation and must be carried out in compliance with its rules and regulations.

Downsizing concept

The number of employees of an enterprise is a list of employees working in this organization. Downsizing refers to a change in the direction of reducing the actual number of employees.

The number of employees is the total number of all positions provided for in this organization. Thus, the reduction means the removal from the staff list of some posts or their quantitative composition.

Dismissal to reduce staff does not always imply a decrease in the total number of employees of the enterprise. Sometimes there is a redistribution staff members. For example, if instead of three accountants it is planned to introduce one accountant position and two additional ones - drivers - then the total number will not change, and the staff will be redistributed.

Layoff for redundancy, sample procedure

The process of carrying out reductions in production should be carried out in a strictly agreed manner. There are legalized rules according to which layoffs are made for reduction:

Grounds for conducting a downsizing procedure

Under current law, the employer is not required to provide information about the reasons for the decision to layoffs to reduce staff. He has the right to independently manage the process of effective economic management business activities and rational use his property, which may be followed by a decision to change the staff.

Thus, dismissal in connection with the reduction does not have to be argued to the employee who was made redundant, but it is recommended that every manager do this. Indeed, in accordance with the constitutional right of the employee to work, the employer is obliged to provide evidence of the impact of excess personnel on production processes.

Preemptive right

In some cases, an employee may have a pre-emptive right to keep him in his position, in connection with which the employer does not have the right to reduce him or is obliged to offer another position. And if the employee refuses the opportunity provided, the employer does not have the right to dismiss him.

A preemptive right arises when an employee has a higher labor productivity or qualifications than other employees in the same positions. All things being equal, there are a number of preferences for reinstatement:

Family circumstances. If an employee has two or more disabled family members as dependents.
Persons in whose family there are no other providers for health reasons or age.
Employees who have received occupational injuries or illnesses while working in the organization.
War invalids.
Employees who are on advanced training, aimed at training by the employer.

In the event of a dispute submitted to the court for consideration, if the employee can prove that the persons remaining in similar positions are less qualified and less productive than himself, then the dismissal may be declared illegal, with the employee reinstated in his position.

When not to cut

Dismissal cannot be applied to an employee if:

He is on vacation.
Temporarily disabled.
This is a pregnant woman.
We are talking about a woman who has a child who is under 3 years old.
This is a single mother raising children under the age of 14, or a disabled minor.
This is an employee who has to raise children of these categories without a mother.

Reduction of juveniles

In accordance with the current Labor Code under Article 269, the dismissal of an employee for reduction, if the employee is a minor, is possible only with the complete liquidation of the organization or with the consent of the State Labor Inspectorate for Minors. Only with the written permission of this organization will the dismissal order be considered valid and legal.

Reduction of pensioners

The dismissal of an employee to reduce the staff, if the employee is on a pension, is carried out on a general basis. However, if the dismissed pensioner is not provided with work within the next two weeks by the Employment Center, the enterprise is obliged to pay the average monthly salary for 3 months from the day of dismissal.

Step-by-step dismissal for downsizing

If it becomes necessary to dismiss employees due to staff reduction, the employer must adhere to the following procedure:

Issuance of a decree creating a commission to reduce the number of staff.
Make a decision of the commission on drawing up a protocol and an exact list of employees to be reduced.
The issuance of an order by the employer to reduce staff with a clearly drawn up list of positions and employees to be reduced.
Notify the employee of the upcoming layoff.
Offer the employee to take another vacant position.
Notify the union, if any, of planned layoffs.
Obtain permission from the trade union for a candidate determined by the employer.
If there is a minor in the list of employees, obtain the consent of the State. labor inspectorates and commissions for minors and the protection of their rights.
Notify the local employment service in writing.
Document the transfer of employees who have agreed to take other positions.
Officially issue the dismissal of employees who have not expressed their consent to take the proposed vacancies.
Pay employees for severance pay and compensation.

Compensation payments

Upon termination of the employment contract, if the employee has not expressed his consent to the opportunity to take a vacant position at the enterprise, the employer is obliged to appoint and pay a severance pay for dismissal by reduction, which should be equal to the size of the employee's average monthly salary. In the case of designating an increased amount established in accordance with a collective or labor agreement, the organization is obliged to pay just such an amount. The Labor Code of the Russian Federation provides for the payment of benefits for dismissal in connection with the reduction in the staff of the organization, as well as the mandatory payment of taxes from them.

In addition to the payment of severance pay, the enterprise is obliged to keep for the period of employment of the dismissed employee, not exceeding 2 months from the date of dismissal, average earnings. These payments can be kept for the third month. Such a decision can be made by the employment service if, after two weeks from the date of dismissal of the employee, he applied to these bodies and was not employed by them.

Retreat compensation is provided if, at the time of notifying the employee of the upcoming reduction, he agreed to the early termination of his employment contract, which must be in writing. This compensation is equal to the average salary.

Downsizing of union workers

Dismissal to reduce parties, one of which is an employee of a trade union organization, must be carried out in the usual manner. And also notify the representatives of the organization, who must make an informed decision on this employee. This information must be provided to the manager no later than 7 days from the date of notification. The following documents must be submitted by the employer:

Draft order on reduction.
Written reasons.

If the trade union organization does not agree with the decision of the head and within the indicated 7 days presented his opinion to him, then a dialogue can be organized between the employer and representatives of the trade union organization about the expediency and legality decision. In this case, the union is obliged to provide solutions to the leader within the next three days. If common solution not accepted, the employer reserves the right to accept final decision which may be challenged in court.

It should also be borne in mind that the manager has the right to terminate the employment contract with the employee no later than 1 month after receiving the opinion of the trade union. This time should not include periods when the employee was on vacation or absent due to temporary disability.

In this case, an ambiguous situation may arise when the employer notifies the trade union about the reduction of workers 2 months in advance, and on the very first days specified by law, the trade union expresses its opinion in the form of consent to the reduction of the specified employee. Then, by the time the date of termination of the employment contract comes, more than 1 month has passed, and such an action will be considered illegal, which will entail the reinstatement of the employee in his position. In such cases, the employer repeatedly requests a written opinion from the trade union, the validity of which coincides with the moment of termination of the employment contract.

Dismissals to reduce the leading positions of trade union organizations are allowed only with the prior consent of the higher elected trade union organizations. And in the absence of such permission, the employer to reduce leadership position the union cannot. If the employer decides to dismiss such an employee without the consent of the higher trade union organizations, then such dismissal is illegal and entails the reinstatement of the employee in his previous position.

In this case, the employer must provide supreme body trade union organization in writing, a reasoned evidence indicating the reasons for the expediency of dismissal for economic growth and development of the enterprise, which should not be due to the employee's trade union activities.

If the employee is the head of a trade union that is not related to this enterprise, then the head of the enterprise must also obtain confirmation from the higher trade union organizations for the dismissal of such an employee. And if this consent to dismissal is not received, it will also be considered illegal and invalid.

In some cases, employees express a desire to receive copies of documents: dismissal orders, notices and other papers. Such a requirement must be set out in writing, and on its basis, the employer is obliged to provide the entire package of requested documents to the dismissed employee within three days. The refusal of such a request may be motivated by the fact that the documents contain information that is not related to the work of the employee, which should not be disclosed. In this case, the employer is obliged to issue extracts from these documents, but he has no right to refuse to receive a copy of them in any form, and such a refusal will be considered an illegal action.

Sometimes, due to circumstances beyond the control of the employer, it is necessary to reduce the number of employees, however, despite the reasons for such a need, the manager must steadily follow the letter of the law and the norms that are provided for by the current Labor Code, and take care of the dismissed employees. Dismissal due to redundancy, compensation for the loss of a source of income and a position held is both a right and an obligation of every employer.

According to the Labor Code Russian Federation, the basis for the dismissal of an employee, initiated by the employer, may be a reduction in staff or the number of employees.

A reduction in staff means that a certain position is abolished, and all employees occupying it will be fired. The reduction in the number of employees is that the position remains, but the number of employees occupying it decreases. Both in the first and in the second case, the reduction process must take place in the prescribed manner, without violating the rights of the employee.

Reduction Notice

Having made a decision on the upcoming reduction, the employer in writing, at least two months before the start of layoffs, is obliged to notify the employee personally about this. The fact that the employee was given a notice of reduction properly will be evidenced by his signature on the letter.

The fact that the enterprise is preparing to reduce workers must be reported not only to those who fall under the dismissal, but also to the trade union organization and the employment service. The deadline for notifying the elected body of the primary trade union organization is the same as for the employee, i.e. no later than two months before the start of the cuts, and in case of mass layoffs - three months.

It is possible to dismiss members of a trade union in connection with a reduction only with the consent of the trade union organization. The deadline for notifying employment services about a future reduction is the same - two months before the start of measures to dismiss workers.

For employers working as individual entrepreneurs this period is two weeks. In his appeal to the above bodies, the employer must indicate full information about the position, qualifications and working conditions of each dismissed employee.

Guarantees for laid-off workers

According to the law, reducing the number of employees or staff, the employer must offer the dismissed employees a different position at this enterprise.

At the same time, the proposed position must correspond to the qualifications of the employee, his state of health, however, it can be both lower and lower paid. In case of reduction, the employee has the right to receive from the employer data on all vacancies that are in the given area or, if provided for by the collective agreement, outside it.

And only on condition that the employer cannot fulfill its obligations to the employee to provide him with a free vacancy, or the employee refused to provide written consent to the proposed job, a reduction can be made.

If the parties have reached an agreement, there is no need to wait for the end of the two-month term to terminate the employment contract.

Priority right to stay at work in case of staff reduction

The guarantees established by the legislation for laid-off workers also include the right of pre-emption in case of being left at work in case of reduction. This right lies in the fact that the employer will have to leave at the enterprise the employee whose qualifications are higher and the quality of work is better than that of others.

If there are several such employees, then according to the law, the right to retain the position is the following categories:

- employees who support two or more disabled family members;
- workers whose earnings are the only source of income for the whole family;
- employees who, while working at this enterprise, received an injury or occupational disease;
— invalids of the Great Patriotic War and disabled people who took part in military operations to protect the state;
- employees who improve their skills at the place of work in the direction of the employer.

The collective agreement, which is drawn up at the enterprise or organization, may contain an extended list of categories of employees who have the preferential right to remain at work in case of redundancy.

In addition, the Labor Code of the Russian Federation protects against contraction pregnant women, mothers who are raising children under three years of age, single mothers raising children under the age of fourteen, or a disabled child under eighteen, as well as those who are raising the listed categories of children.

Can't be fired and employees who are on vacation or on sick leave at the time of reduction due to temporary disability. In case of violation of this rule, the employee has the right to appeal the dismissal in court and be reinstated in his previous position.

This must be done within one month from the day the employee received a copy of the dismissal order or from the moment the work book was issued. Otherwise, you will have to restore the missed period in court. According to the Code of Civil Procedure, the prosecutor must make his opinion on the issues of reinstatement, he can also appeal the court decision.

Employee's right to severance pay

An employee with whom an employment contract was terminated due to a reduction in staff or headcount, has the right to receive severance pay from the employer. The amount of the allowance should be equal to the average monthly earnings during the period of work at the enterprise or organization.

The average monthly salary must be retained by the employee who has lost his job for the entire time it takes to find employment, but no more than two months from the date of dismissal. Severance pay can also be paid in the third month after the dismissal, but only if, after the reduction, the employee registered with the employment service and for two weeks they could not find a new job for him.

An employment or collective agreement may stipulate increased amounts that are paid to employees in the event of a reduction. For those who work in the Far North or areas with the same status, labor legislation determines longer terms for the payment of severance pay in the event of a reduction.

Behind unworked days leave due to layoffs, deductions from wages are not allowed.

As you can see, the state protects citizens from unreasonable layoffs, establishes compensation in case of job loss, and gives citizens the opportunity to challenge their dismissal.

What to do after receiving a layoff notice?

Do nothing in the first minutes and even hours. Any juristic documents should be taken into account with a calm mind.

Read the notice of reduction carefully. Pay attention to the dates Bank details, the presence of the signature of the head.
Read the list of vacancies for which you can apply in case of reduction. It must also be certified by the signature of the head of the enterprise.
Find out if the trade union committee has agreed to the reduction.
Sign the documents and work quietly for more than 2 months, if you agree and do not belong to one of the following categories of citizens:
- pregnant woman;
- a woman (or other person) raising a child under 3 years of age;
- a single parent (or other person) raising a child under 14 years old, or up to 18 years old if the child is disabled;
- sole breadwinner in a family with 3 or more children.

You can agree in writing with the administration's proposal for early dismissal. In this case, you are paid average salary for the remaining period and all other money laid down for the reduction.

Can I not sign a redundancy notice?

Yes, you can. The countdown will only start from the moment you sign the notice of reduction. If the document does not contain the signature of the head or the date of familiarization, it cannot be signed.

Also, if you do not agree with the actions of the leadership or belong to one of the categories of citizens listed above, you can, without signing any document, file a claim with the commission on labor disputes.

The employer may ask you to state in writing the reasons for refusing to sign the documents. Write explanations in duplicate, get your copy certified by the secretary. This document can also testify in court, both in your favor and in favor of the head of the enterprise.

But you can opt out of these actions. If you disagree again, the administration has the right, in the presence of witnesses, to draw up an act reflecting the fact of a warning about the reduction and your refusal to sign.

If the commission on labor disputes decides the case is not in your favor, the countdown of the 2-month revision will begin from the day the act is drawn up. Further, the employee has the right to apply to the people's court ( Art. 201 Labor Code of the Russian Federation).

Woman gets pregnant after signing redundancy notice

In the Labor legislation of the Russian Federation it is clearly indicated that termination of an employment contract with a woman who is in a state of pregnancy is not allowed, with the exception of the complete liquidation of the organization. The same rights are enjoyed by a woman who has already signed a notice of reduction and after that she learned that she was expecting a child.

There can be no question of any preferential right in case of staff reduction, she cannot be fired at all. A woman has this right only if she submits a medical certificate of pregnancy before dismissal (within two months).

You must write a statement indicating the reason why you are requesting the suspension of the reduction order with a note that a copy of the document (medical certificate) is attached.

The application is written in two copies. One is served on the table to the head, the other is certified by the secretary and kept by you.

If the employer does not agree to revoke the layoff order, the certified statement will be your evidence in court to provide information to the administration about the pregnancy.

It must be remembered that an employee who has learned about a violation of his rights must apply to the court within a month from the date of dismissal (not the day the dismissal order is signed) or the work book is handed over (against signature).

In a difficult economic situation, sometimes staff reduction becomes the only possible way save the business. Often, however, downsizing is a way to save resources. This procedure is spelled out in great detail in the Labor Code and has a well-thought-out sequence.

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Reduction of employees under the Labor Code

Reduction of staff is a procedure that provides for compliance with a number of conditions by the Labor Code. Failure by the employer to fulfill one of them may result in the restoration of the employee at the workplace, with the payment of earnings for the entire period of forced absenteeism, which will be considered the period from the date of dismissal to the date of restoration. Labor disputes are often resolved in court and the court, as a rule, takes the side of the employee.

The rules for dismissal in accordance with the Labor Law should be known to both employers and employees.

Dismissal due to redundancy falls under Article 71 and must be carried out in two cases:

With the liquidation of the post as a whole.
With the reduction of staff units for this position.

On any, large or small business there are positions that are occupied by only one employee, for example, the head of the hot-lay shop. If such a position is reduced, then the employee who occupies it is dismissed.

In large enterprises, there are positions that are occupied by several (sometimes several dozen) people, for example, a commuter bus driver. Here, not all positions can be reduced, but only the number of employees is limited, for example, “reduce the number of employees from 25 to 15”. Then only a part of the persons holding this position will be reduced, here a number of other provisions of the Labor Code will come into force.

The dismissal of workers is also carried out in the event of a reorganization of production. For example, when installing new equipment that eliminates jobs.

But in any case, the staff reduction is carried out in accordance with Art. 178. And it is necessarily preceded by the approval of a new staffing table, which becomes the basis for the reduction and termination of the employment contract with a specific person.

When an enterprise or individual entrepreneur is liquidated, employees are also dismissed (part 2 of article 140). But in this case, all employees are dismissed, including those categories that are not subject to reduction, for example, pregnant women who are caring for a baby, etc.

Who do not have the right to reduce

After the approval of the new staffing table, where there are a number of provisions providing for staff reductions, the question of reducing real jobs will arise. So, it will be considered which of the employees needs to be fired and who should be left. A number of categories have protective guarantees that prohibit their dismissal.

Yes, Art. 261 of the Labor Code of the Russian Federation provides special rights the following categories:

Pregnant women.
Mothers with children under 3 years of age.
Single mothers with children up to 14 years of age.
Mothers raising children with disabilities under the age of 18.
Persons raising children without a mother, up to 14 years of age.

According to Art. 269 you cannot fire an employee who is under 18 years old.

You cannot fire an employee who is on a temporary disability sheet or on vacation.

Important! The dismissal of these categories of workers is possible only with the complete liquidation of the organization. If a position is liquidated, the person must be offered another vacant position. At the same time, it does not have to be equivalent in terms of qualifications and remuneration.

Some other categories of workers also enjoy the right of preference with equal indicators and qualifications (Article 179):

If this employee is the only employee in the family who has earnings.
Disabled people who have received injuries or occupational diseases at this enterprise.
Disabled veterans of the Great Patriotic War or invalids of military operations for the defense of the Fatherland.
Employees who undergo training (upgrade their qualifications) in the direction of the organization on the job.
Employees with two or more dependents.

In what cases will dismissal be unlawful?

From all of the above, it should be concluded that a number of people of several categories cannot be fired due to staff reduction, they should be offered another job, they can be fired later by agreement of the parties or of their own free will. Here, layoffs to reduce staff would be unlawful.

Another important point is the decision of some managers to offer the dismissal of employees not by redundancy, but of their own free will. This is usually dictated by the desire to save on payments due to the category subject to reduction. But not allowed to persons resigning of their own free will. Upon dismissal of one's own free will, it will not be possible to appeal the illegality.

It will be unlawful to dismiss a person who is on sick leave or on vacation. The procedure for the dismissal of employees to reduce staff has a clearly defined mechanism that provides for a number of actions.

If at least one of them is violated, the dismissal may be considered unlawful. This:

Drawing up and approval of a new staffing table.
Notification of employees about layoffs (posting an order) 3-2 months before the expected date of layoffs.
Notifying each employee individually (in writing) at least 2 months before the proposed dismissal.
Issuing a notice of dismissal.
Full settlement with the employee on the day of dismissal.

Here, for example, dismissal without a written notice to each individual may result in the unlawful dismissal of a particular employee (he was not notified properly).

In practice, the absence of one of the listed leadership steps can be considered as an illegal dismissal.

Reasons and grounds for reducing the rate of an employee of an organization

It should be noted that the reduction tariff rate employee due to severe financial position employer is wrong. Therefore, it is not entirely correct to consider it as one of the alternatives to downsizing. Moreover, it is forbidden by law to reduce the wages of employees due to the difficult financial situation of the organization (enterprise).

Tariff rate reductions are carried out in accordance with Art. 74 of the Labor Code of the Russian Federation and carrying out such is possible:

In the presence of changes in equipment and / or production technology.
In the case of improving jobs (the basis is certification).
With structural reorganization.
Other reasons put forward by the employer (but they can be challenged in court).

Provided that these changes entailed a decrease in the actual amount of labor to perform its work function. At the same time, change labor function it is forbidden.

For example, equipment (car) was purchased, which now performs part of the physical work of a loader worker for him. In this regard, he reduced the rate by 30%. Or if, as a result of structural reorganization, the employee no longer needs to perform one of the actions he takes, for example, when packing goods, there is no need to carry packaging paper, which is 25% of the work performed.

At the same time, such a reduction in the tariff salary should be preceded by a number of actions on the part of the enterprise:

Issuance of an order on the need and implementation of changes, with their justification. Carrying out other activities necessary to make changes.
Notices of the primary trade union organization.
Notifications to the employee about upcoming changes in working conditions 2 months in advance (in writing).
Additional labor agreement, which will reflect changes in the size of the tariff rate.

In case of disagreement with the reduction of the tariff rate, the employee may be offered another workplace at the same enterprise, or he can be fired:

According to paragraph 2 of part 1 of Art. 81 for downsizing. Here he will be paid all due compensation.
According to clause 7.h. 1 st. 77 as having refused to work in the new conditions. In this case, payments fall under Part 3 of Art. 178.

If the person was notified of the changes and started working after the expiration of 2 months, but additional agreement was not signed, then this is interpreted as an actual agreement with a reduction in the tariff rate.

The procedure and rules for the reduction of an employee in an enterprise

Reduction of staff concerns a specific person only when he was informed by signature that he would be fired due to a reduction in staff. The employee must be notified at least 2 months before the expected date of dismissal. If for any reason he refuses to sign the familiarization order, then an act is drawn up, which testifies to his notification.

After notification of the reduction of the position, the management, if there are vacancies in the enterprise, must offer them to the dismissed person. In addition, if there are vacancies in another locality, they may also be offered.

If during the period of these two months the person manages to find another job, he can notify the management and receive the calculation earlier by means of a written application. In this case, he will be paid compensation in the amount of the average monthly earnings.

On the day of dismissal, the employee is issued a work book with all the entries made in it, as well as a certificate of income for 2 recent years, all other certificates required by the dismissed person.

A full account is required. In some cases, there is a dispute over payments. If this happens, then only the undisputed amount is paid on the day of dismissal.

Important! The period of 2 months for notice of reduction is established by law for permanent employees. Temporary employees must be notified at least 2 weeks in advance. For those who are hired for up to 2 months - this time is 3 days.

The procedure for calculating payments

Funds must be accrued and issued to the dismissed person on the day of his dismissal. The day of dismissal is the day of full settlement with the employee.

The only exceptions are cases where the employee disputes the amount of payments. Then on the day of dismissal he should be paid an undisputed amount.

The amounts of these payments are usually significant, often the employer asks employees to leave of their own free will or by agreement of the parties. With these formulations, payments for job search and additional benefits are not provided.

The amount of cash payments will depend on several factors:

Forms of employment: permanent or temporary.
The salary of the dismissed person. In fact, all states are calculated from the average salary of the dismissed person.
The number of unpaid other payments: vacations, sick leave, business trips.

Terms and amount of accrual of funds

Upon dismissal, a full settlement is made with the employee, while he will not only be given the requested certificates, a work book and tear labor contract, but will also make a full cash settlement. The amount given to the dismissed person must include all payments due to him. Among them will be:

The amount of severance pay in the amount of the average salary for 1 month.
The amount of average earnings paid for the duration of the job search (for 2 months, sometimes 3).
The amount of additional compensation (2 more average monthly salaries).
Compensation in monetary terms for all unused vacations.
Payments for all unpaid sick leave and business trips.
Salary for the hours worked (the day of calculation is also paid).

Important! If there were paid, but unused, money is not returned.

For temporary workers, the amounts are calculated in two-week amounts.

Rights and guarantees of employees in case of redundancy

The legislator has provided some rights and guarantees for employees who are subject to redundancy. They are mainly aimed at a more systematic dismissal, in which there is a period that should allow the dismissed person to adapt to new conditions and find a job.

A number of rights and guarantees are provided for in Article 81. Here, the employer undertakes to offer the employee who falls under the reduction of another vacant position at the enterprise (if any). If the enterprise has branches or divisions, including in other cities, then the employee may be offered a job there.

An employee can use another right (Article 179) if he managed to find a job before the expiration of a 2-month period. Here, in agreement with the employer and on the basis of a written application, he can be dismissed earlier, but he is paid an allowance in the amount of the average monthly earnings.

In addition, with this type of dismissal, persons are entitled to a severance pay in the amount of two average monthly salaries and unemployment assistance from the employment service for 2 months (Article 178).

The rights of the dismissed person also include the obligation of the employer to notify the employment service authorities of planned activities 3 months in advance. It is believed that this will allow the laid-off persons to find work more quickly.

When the benefits under Art. 179, they are valid only when considering the position held. If the employee applies for another position, then they may not be taken into account here.
Temporary disability is a reason that does not allow the dismissal of an employee under Art. 178. But dismissal after the end of the sick leave cannot be canceled. As a rule, in such cases, it will turn out to work a little longer, but avoiding dismissal is not.
Sometimes it becomes necessary to get a certificate from a previous place of work. According to the law, it can be obtained both upon dismissal and after it. At the same time, there are no deadlines that would limit the receipt of a particular certificate. But the employer must provide it within three days after the application. In this case, the document must contain all the necessary details and be certified.