The procedure for reducing staff - step-by-step instructions for it are described in the Labor Code of the Russian Federation, and additional explanations are provided by the Supreme Court of the Russian Federation. This article describes how to carry out staff reductions correctly from a legal point of view.

How to properly lay off an employee due to staff reduction: procedure

You can legally dismiss an employee if you comply with step by step instructions on reducing the number of employees and a number of rules:

• Offer all available vacancies that correspond to the employee’s qualifications (Article 81 of the Labor Code of the Russian Federation).
• When choosing employees for redundancy, remember about the preferential right to remain at work and the impossibility of dismissing some employees under the Labor Code of the Russian Federation (Article 179 of the Labor Code of the Russian Federation).
• Pay compensation provided for by current legislation and local acts of the organization (Articles 178, 180 of the Labor Code of the Russian Federation).

Step-by-step reduction of staff includes the following stages:

• Informing employees about the upcoming staff reduction in accordance with Art. 180, 296, 318 Labor Code of the Russian Federation.
• Informing trade union body about the upcoming reduction. By general rule Part 1 Art. 82 of the Labor Code of the Russian Federation, it is carried out 2 months before dismissal. If we are talking about mass layoffs, then notice must be given 3 months in advance.
• Offering laid-off employees all possible vacancies that meet their qualifications, according to Part 1 of Art. 180 Labor Code of the Russian Federation.
• Registration of dismissal of employees who made a decision to dismiss before the expiration of deadline. In this case, it is obligatory to pay all required compensations, taking into account additional early dismissal according to Part 3 of Art. 180 Labor Code of the Russian Federation.
• Dismissal of employees after the expiration of the period specified in the notices.

How to properly notify an employee of dismissal under the article on staff reduction

Talking about how to properly lay off an employee due to staff reduction must take into account the obligation to warn the employee about the upcoming dismissal. It is necessary to comply with the procedure and timing of such warning.

Regarding the deadline for reducing the number of employees, Article 180 of the Labor Code of the Russian Federation states that the minimum warning threshold for an employee is 2 months. The employer can give a longer notice; the law does not contain restrictions of this kind. The parties have the right to agree on early dismissal.

Second important aspect- a form of warning. Notification always occurs at in writing, signed, individually for each employee. The law does not establish a strict form for such notice, but it is important that it indicates the grounds for dismissal and deadlines.

The law does not specify exactly how the notice must be sent. The main thing is that it be drawn up in writing, delivered against signature and in person. In the best case, it should be handed directly to the employee, but this is not always possible. As a last resort, the notice can be sent by registered mail, for example, if the employee is sent on a long-term trip.

It is in the employer’s interests to draw up the notice in 2 copies and keep a copy signed by the employee.

Who can't be fired

The law distinguishes 2 separate categories of employees - those who:

• cannot be laid off due to staff reduction under any circumstances;
• enjoy preferential right to remain at work.

• employees who are pregnant;
• employees raising children under 3 years of age;
• single mothers raising a disabled minor;
• single mothers raising a child under 14 years of age;
• employees raising a child without a mother;
• sole breadwinners of a disabled minor;
• sole breadwinners of a child under 3 years of age large family, provided that three children are minors and the second parent is not employed.

Art. 81 of the Labor Code of the Russian Federation supplements this list with employees on vacation or disabled, because dismissal at the initiative of the employer during this period is prohibited.

Preferential right to remain at work

Priority when remaining at work is determined primarily by the Labor Code of the Russian Federation, but additional categories of workers may enjoy this right on the basis of a collective agreement.

In Art. 179 of the Labor Code of the Russian Federation defines categories of workers who have an advantage when choosing persons to be laid off. The main thing that an employer should focus on when choosing employees to keep at work is:

• qualification;
• labor productivity.

Preference is given to those with higher indicators. If they are equal, then priority under Part 2 of Art. 179 of the Labor Code of the Russian Federation is given to:

• persons who have a family in which they have 2 or more dependents to support (in this case, the assistance received by the dependent must be permanent, being the main source of finance for subsistence);
• employees who improve their qualifications on the job;
• the sole breadwinner in the family;
• employees who, while working at the enterprise where the reduction is taking place, received occupational disease or injury;
• disabled people of the Second World War and other disabled people who became disabled as a result of participating in hostilities to defend the Motherland.

Problems may arise when an employee feels that the employer has unfairly selected him for layoffs and that his work productivity is higher than that of the retained employees. In such a situation, he can go to court. An example of proving such a fact and taking it into account by the court is the decision of the Bogatovsky District Court dated February 26, 2015 No. 2-60/2015 2-60/2015~M-42/2015 M-42/2015.

What are the guarantees and compensation for dismissed employees?

Art. 178, part 3 art. 180 of the Labor Code of the Russian Federation guarantees such employees:

• Full payment for all time worked in the last working month.
• Cash compensation for unused vacation.
• Severance pay in the amount of average monthly earnings.
• Average monthly earnings for 2 months as a period of employment, including severance pay. The period for maintaining earnings can be increased to 3 months by decision of the employment authority if the employee registers with it within 2 weeks after termination of the employment contract and is not employed. For workers in the Far North, this period can be increased to six months under Art. 318 Labor Code of the Russian Federation.

Additional compensation is provided for early dismissed employees - average earnings for the entire time for which the period of work was shortened after the warning, including when the warning was given more than 2 months in advance or its validity period was extended (appeal ruling of the Sverdlovsk Regional Court dated February 14, 2018 in case No. 33-2730/2018).

An exception when calculating severance pay is made for seasonal workers. For them, it is paid in the amount of average earnings for 14 days.

What are the features of part-time job reduction?

Part-time work under Art. 60.1 of the Labor Code of the Russian Federation is the performance of other work in free time from the main job with the same employer or with another.

At the same time, the law does not make an exception regarding the procedure for dismissing a part-time worker on the basis of Part 2 of Art. 81 of the Labor Code of the Russian Federation, and Art. 287 of the Labor Code of the Russian Federation says that guarantees are provided to such employees in full, with the exception that part-time workers cannot count on additional guarantees provided to employees of the Far North. They are provided only at the main place of work.

Regardless of whether the employee is an external or internal part-time worker, he must be informed 2 months in advance about the upcoming reduction of his position and receive all possible offers of vacancies that he can occupy due to his qualifications. In case of refusal, he is dismissed according to the general rules.

IMPORTANT! For each place of work, the parties enter into an independent employment contract, and an order is issued to hire the employee for the position.

This means that the layoff of a part-time employee during a reduction in staff is not grounds for his dismissal from his main position, even if we are talking about an internal part-time job.

Grounds for challenging the dismissal of an employee due to staff reduction

Going to court to challenge dismissal due to staff reduction is not uncommon. The basis for the consideration of such cases was laid by the Constitutional Court of the Russian Federation, determining that the personnel policy of an enterprise is the responsibility of the employer and he has the right, at his discretion, to carry out a justified reduction in staff in accordance with the norms of the current legislation (for example, the Constitutional Court’s ruling dated December 22, 2015 No. 2768-O).

Among the grounds for an employee’s position in disputes about staff reductions, it is worth noting:

• Violation by the employer of the staff reduction procedure. The burden of proving compliance lies with the employer. Yes, Soviet district court The city of Samara made a decision on July 5, 2017 in case No. 2-2200/2017, satisfying the plaintiff’s demands, since the employer was unable to document compliance with the staff reduction procedure.
• Dismissal of an employee for reasons other than actual staff reduction. To establish such facts, the court takes into account the actual change in the number of departments. An example of this is the decision of the Buinaksk City Court dated June 29, 2017 in case No. 2-467/2017.

So, making a decision to reduce the number of employees is entirely within the responsibility of the employer. However, at the same time, he must comply with all legal requirements relating to the process of reduction, payment of compensation and preservation of guarantees to former employees.

A reduction in the number or staff of a company's employees is one of the grounds for termination of an employment contract at the initiative of the employer. Before proceeding with the procedure itself, you should clarify whether this will be a reduction in numbers or staff (). There is no official explanation of these concepts in labor legislation. In our opinion, the main difference is as follows. When staffing is reduced, the number of staff positions for a specific position is reduced, although the position itself is not abolished. But when staffing is reduced, a certain position is completely excluded from the staffing table.

The algorithm for dismissing an employee both during a reduction in the number of employees and when reducing the number of employees is general - we will analyze it step by step.

Step 1. Issue an order to reduce the number or staff

Having decided to reduce the number or staff, the head of the organization must issue a corresponding order. The law does not provide for a special form of order. The main thing is to reflect in it the reason and date of the upcoming reduction, as well as to note the positions being eliminated. The new staffing table should be approved by the same or a separate order.

Step 2. Take into account the priority right to remain at work

The preferential right to remain at work in the event of a reduction in the number or staff of employees is given to those employees whose labor productivity and qualifications are higher than those of others ().

If labor productivity and qualifications are equal, preference is given to:

• family workers - if they have two or more dependents;
• persons in whose family there are no other independent workers;
• employees who received a work injury or occupational disease while working in this organization;
• disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland;
• employees who improve their qualifications in the direction of the employer without interruption from work.

In addition, pregnant employees, women with children under three years of age, single mothers raising a child under 14 years of age/a disabled child under 18 years of age cannot be dismissed due to staff reduction.

Step 3. Notify the employee of the layoff

The employee must be notified personally and against signature at least two months before the dismissal (). There are several exceptions to this rule - for example, an employee who has entered into an employment contract for a period of up to two months must be notified of dismissal at least three calendar days in advance, and a person employed in seasonal work must be notified at least seven calendar days in advance (,). Also, an employment contract can be terminated before the expiration of the notice of dismissal period - with the written consent of the employee ().

If the employee refuses to mark receipt of the notice, it is necessary to draw up a corresponding act in the presence of at least two witnesses - this document will confirm that the employee has been notified of dismissal.

Step 4. Offer vacant positions to the employee

The employee being laid off must be offered the employer's available vacant positions, to which it can be translated (). They can be listed both in the notice of reduction and in a separate document.

It is necessary to notify the employee about vacancies repeatedly - the HR department is obliged to offer every suitable vacant position that appears in the company until last day work.

At the same time, the vacancy does not necessarily have to include work that corresponds to the employee’s qualifications; it is also possible to offer a vacant lower-level position or lower-paid job (). Moreover, the employer has the right to offer the dismissed employee to temporarily take the position of an employee on parental leave ().

If he agrees to one of the proposed vacancies, he is transferred to another position (,). In this case, dismissal will not occur.

Step 5. Notify the trade union and employment service about the upcoming layoff

In writing, no later than two months before dismissal, the employer must inform the trade union, as well as the employment service, about the reduction in the number or staff of employees (clause 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 ""). If the decision to downsize could lead to mass layoffs, this must be done no later than three months in advance.

The notification sent to the trade union indicates the full names of the workers subject to layoffs, as well as the names of their professions, positions or specialties.

When contacting the employment service, you should indicate your position, profession, specialty and qualification requirements to each of the laid-off workers and the conditions of payment for their labor.

Each notice must be accompanied by:

• a copy of the order to reduce the number (staff) of the organization’s employees;
• draft order on the dismissal of employees of the organization;
• draft organization staffing table.

Step 6. Issue a dismissal order (Form No. T-8 or T-8a)

If the employee does not agree to any of the proposed vacancies, on the last day of his work the HR department issues an order to terminate the employment contract (or). The wording of the reason for dismissal may be as follows: “Reduction in the number (staff) of the organization’s employees.”

The employee must be familiarized with this order against signature on the day of dismissal ().

Step 7. Issue a certificate of the amount of earnings for the two calendar years preceding the dismissal

By the last day of work of the employee, the accounting department must issue a certificate about the amount of his earnings for two calendar years preceding the dismissal. The corresponding one has been approved.

Step 8. Draw up a document containing information that was sent to the Pension Fund for the period of the employee’s work

On the last day of work, the accounting department will also issue the employee a document that contains information sent to the Pension Fund for the period of work of the employee (clause 2-2.3 of Article 11 Federal Law dated April 1, 1996 No. 27-FZ "").

There are no special forms for transmitting such information to the employee, so you should focus on the forms approved by the Pension Fund of Russia for submitting the relevant information to the department. For example, form SZV-M (), section 6 of form RSV-1 PFR (), etc.

Step 9. Make an entry in your personal card (Form No. T-2)

Before dismissing an employee, a corresponding entry is made by the HR department in his personal card ().

In the “Grounds for termination of the employment contract (dismissal)” you need to indicate the reason for the dismissal: “Reduction in the number (staff) of the organization’s employees.”

In the line “Date of dismissal” – indicate the last day of work.

Then you should enter the details of the order to terminate the employment contract - its date and number.

After this, the employee and the HR department employee certify the information about the dismissal with their signatures.

Step 10. Draw up a settlement note on the termination of the employment agreement (contract) with the employee (Form No. T-61)

On the last day of work, the HR department, together with the accounting department, fill out a settlement note regarding the termination of the employment contract with the employee (). On front side HR employee points out general information about the employee, as well as information about dismissal and the fact of termination of the employment contract. And on the reverse side the accountant calculates the amount due to the employee payments.

The employer is not obliged to familiarize the employee with the calculation note.

Step 11. Make a settlement with the employee

On the last day of work, the accountant must give the employee wages for the time worked, compensation for unused vacation, if he is entitled to it, and make other payments (,). The employee must also be paid severance pay in the amount of average monthly earnings (). In addition, the employee retains his average monthly salary for the period of employment, but not more than two months from the date of dismissal. And if an employee resigns from an organization located in one of the regions of the Far North - no more than three months ().

If the employment contract is terminated by agreement with the employee before the expiration of the notice period, he is paid additional compensation in the amount of average earnings, calculated in proportion to the time remaining before the expiration of the specified period ().

In the event that the employee did not work on the day of dismissal, the corresponding amounts must be paid to him no later than next day after presenting them with a demand for payment.

Step 12. Make an entry in the work book and issue it

The work book is also issued to the employee on the last day of his work ().

Step 13. Prepare and issue to the employee, at his request, certified copies of other work-related documents

Upon a written application from the employee, the employer is obliged to provide him with duly certified copies of documents related to work (). For example, copies of an order for employment, orders for transfers to another job, extracts from the work book, certificates of wages– income certificate individual according to and a certificate of average earnings for the last three months, which is necessary to receive, etc. ().

Ekaterina Dobrikova ,
portal expert editor

Documents

What is behind the phrase “dismissal due to staff reduction”? What does this mean from the point of view of the Labor Code? What obligations does the employer have to the employee in this case? What rights does a laid-off employee have, what compensation is provided by law?

For an employee, any dismissal that occurs not on his initiative, but at the request of the employer, is unpleasant. Among such ways to get rid of an employee, dismissal due to staff reduction can be considered one of the rather “soft” options - according to at least, if we rely on the norms of the Labor Code.

However, in reality, layoffs often look completely different, because with this wording an unscrupulous employer sometimes covers up any dismissal of unwanted employees, including sudden dismissal and without any compensation to the employee. From a legal point of view, this is absolutely illegal: staff reductions must occur exactly in accordance with the procedure described in detail in the Labor Code of the Russian Federation. Therefore, such a pseudo-reduction can easily create problems for the employer himself: once you get an employee who is more or less legally literate, the company can get into serious trouble.

Other employers do exactly the opposite: when carrying out reductions, they do their best to fire employees under any article of the Labor Code, except for paragraph 2 of Article 81 of the Labor Code of the Russian Federation, which should be used when reducing the number or staff of employees. The reason is simple: dismissal due to staff reduction involves a fairly significant package of guarantees for the employee and payment of monetary compensation for some time.

Of course, on the one hand, employers can quite understand: the company found itself in difficult situation, it needs to reduce costs, including personnel costs. But if the company’s actions when optimizing the number of employees occur with violations labor legislation, then the workers ultimately have to pay for it. Therefore, in this “legal field” everyone plays for himself: the employer and employee in this case have opposing interests.

Reduction according to the rules

How should legal dismissal due to staff reduction take place? Let's look at the most important points:

1. The company is obliged to notify employees in advance - at least two months in advance - about the reduction in the number of personnel or staff of the organization (the number of personnel and the staff of the organization are not the same thing), or about the liquidation of the company. However, a general meeting or an announcement at a stand is not enough. Each employee must personally sign to confirm that he received this information at least two months before the planned date of dismissal. No oral discussions or agreements are taken into account; there must be a written notification.

2. If we are not talking about the complete liquidation of the company, but about reorganization or downsizing, then the employer is obliged to offer the laid-off employees all vacant positions that correspond to their qualifications and professional experience. Part three of Article 81 of the Labor Code of the Russian Federation obliges him to do this. In practice, employees most often do not know about this obligation of the employer, and the latter is in no hurry to take on “extra” obligations: if you cut it, then cut it!

3. Financial obligations of the employer. It is precisely the reluctance to fulfill this point that makes some employers “run away” from the wording “dismissal due to staff reduction.”

According to the law, from the moment the employee is notified of the upcoming layoff until the moment of dismissal, the employee has the right to receive salary three more times. The first two salaries are paid for the two months that the employee continues to work until the dismissal, and another company must pay the employee on the day of dismissal. This final payment is called severance pay. In accordance with Part 1 of Article 178 of the Labor Code of the Russian Federation, the amount of severance pay must be no less than the average monthly earnings of the dismissed employee. If the collective or labor agreement specifies an increased amount of severance pay, then the employer will be obliged to pay exactly this amount.

In practice, many workers, although considered dismissed “due to redundancy,” do not receive the payments due to them by law - simply because they do not know about their rights or are not ready to defend them.

4. Financial compensation for the employee does not end there. More precisely, they don’t always end. Paragraph one states that the employee must be notified of the layoff at least two months before dismissal. But if an employee agrees to terminate the employment contract early, then he has the right to receive another financial compensation. It is also calculated based on average monthly earnings, proportional to the time remaining until the date of actual dismissal. This requires the consent of the employee, and oral agreements here also have no legal force: the employee’s consent must be expressed in writing.

5. Often, an employee laid off due to redundancy can receive two additional salaries - for the second and third months after losing his job. These compensations are paid if the former employee did not manage to find himself a new job. However, to receive this payment, you must register with the employment service, and no later than within two weeks after dismissal.

If the employment service specialists were unable to find a job suitable for the laid-off employee in terms of qualification level, then the former employer must pay two more salaries. To do this, go to the accounting department former employer you need to provide documents proving that you are registered with the employment service and have not yet found a job (to prove this, you need to present a work book that has not yet been cancelled).

A fairly common situation is when an employee is informed about an upcoming layoff, but is persuaded to write a resignation letter. at will or by agreement of the parties. At the same time, the employer most often does not explain the difference “point by point”, but simply states as an argument that between these different types layoffs make “virtually no difference.” At the same time, emphasis is often placed on the fact that “dismissal of one’s own free will” is a familiar and standard formulation, which, as it were, transfers the initiative into the hands of the employee and thereby supposedly makes it easier for him to find next job. In such cases, the employer is, in fact, not concerned about how easily and quickly an almost former employee will find a job, but about the opportunity to save a decent amount on paying compensation to a dismissed employee. Because dismissal of one’s own free will, as well as dismissal by agreement of the parties, does not give the employee any right to receive compensation. Therefore, it makes sense to “not behave” and demand that the basis for dismissal be specified as a reduction in staff and the corresponding article of the Labor Code.

Why do you need to register with the labor exchange?

Of course, if you are left without a job, you need to take the initiative into your own hands: independently look for vacancies in magazines and newspapers, look for suitable vacancies on websites dedicated to job searches, send out your resume, go to interviews, etc. In a free labor market, a person can only find his dream job on his own; the state will not do this for him.

However, if you are laid off due to redundancy, you are entitled to government compensation and payments, and for this you need to register with the state labor exchange. If within ten days from the date of contacting the employment service you cannot be employed, you will receive the status of unemployed, and the unemployed are entitled to monthly allowance. It is small, but in some cases it is still better to receive it than to receive nothing. First of all, this applies to depressed regions with an underdeveloped labor market, where it is difficult to find a new job for objective reasons. Payment of unemployment benefits will begin after all compensation payments from the former employer have ended.

As we noted above, you most likely will not be able to receive an offer of an excellent and promising job from the employment service; you need to do this yourself. But registering as unemployed will allow you to legally count on benefits while continuing to search for work. At the same time, employment service workers should offer you several options that correspond to specific parameters. This includes: your level of qualifications and previous professional experience, working conditions (they must be no worse than at your previous place of work). In addition, you must be able to get to your new job using transportation every day. If you twice refuse options that formally suit you, the state has the right to stop paying unemployment benefits.

If the reduction is carried out incorrectly

If you believe that your rights were violated during layoffs, you can contact the labor inspectorate, court or prosecutor's office. It is not profitable for companies to sue, especially if the outcome of the process may not be in the company’s favor. Because in this case the company will have to pay not only compensation former employee, but also fines to the state, as well as pay all legal costs. Therefore, many legal proceedings between employees and the employer end with a settlement agreement already at the first stage: the company pays the required amounts or part of them (this depends on the terms of the settlement agreement).

If you are planning to defend your interests in court, then you need to remember very important point: statement of claim can be submitted within one month from the date of dismissal. After this, the court will simply refuse to accept your claim because the deadline for filing it has expired. Employees often fall into the trap of these time restrictions and decide that first they will still try to find a new job, and if they cannot do this quickly, then they will sue their former employer. In the meantime, the deadline for filing a claim passes, and with it the opportunity to obtain compensation from the former employer through the court.

But even in this case, the employee has one more option: he can contact the state labor inspectorate or the prosecutor’s office. Appeals to these authorities are not limited by any specific deadlines. In both cases, you will need to submit a written application. It should briefly describe the situation and state the essence of the claims against the employer.

The main thing to understand is that the difference between a reduction “on paper” and in reality can be quite significant. By law, in some cases, a laid-off employee may receive financial compensation from his former employer for five months (almost six months!) from the date of notification of the upcoming layoff.

But in reality, many workers claim that they were “laid off”, but they never received any compensation (for a variety of reasons). Moreover, it is precisely the mechanism for reducing employees in Labor Code is spelled out quite clearly, which means that the employee’s chances of achieving compensation are very high. To do this, you need to “learn” your rights and learn to defend them.

IN in this case the dismissal of an employee occurs at the initiative of the employer and occurs as a result of a reduction in staffing levels or positions at the enterprise and is regulated by Article 81 of the Labor Code. Let's consider step by step order actions, compensation due to the employee and some nuances that may arise. We will also determine which categories of citizens fall under this formulation and which do not.

Downsizing is a fairly legal tool that an employer resorts to when wanting to “optimize” its staff. But in turn, this can cause a number of problems and additional financial burden for the employer, so they often resort to the trick - “you were laid off, write a statement on your own - this wording is better.” It all depends, among other things, on the initiator of the process.

Of course, all actions during such dismissal must be observed in accordance with the law and deviations from it can cause problems for the organization. Therefore, it is in the employer’s interests to do everything right so that the employee does not go to court.

The employee has the preemptive right not to be laid off

It is worth noting an important point that when forming a list of employees, certain categories have an advantage:

• During the period when the employee is on vacation
• In case of temporary disability
• It is prohibited to fire the following employees: pregnant women and women who have a small child under 3 years of age
• A single mother who is raising a child under 18 years of age who is disabled or a minor under 14 years of age
• An employee with higher performance indicators and qualifications should be retained.
• If the choice fell on employees who are in equal positions, then priority is given to family employees who have 2 or more dependents; in whose family there are no other persons with independent income; received an occupational disease or work injury from the employer; participants in hostilities or WWII; workers who improved their skills without interruption from production.

Attention! If such requirements are not met, the employee may contact the labor inspectorate. After compiling the list, the employer must perform the following actions, which we will describe step by step.

Dismissal due to staff reduction in 2018: step-by-step instructions

Step 1. Issuing an order to carry out reductions

For the legality of actions it is necessary to issue an order. For understanding, we note that the dismissal order and these are different documents. The form of the order to carry out staff reduction measures does not have an approved form, however, its preparation requires a responsible approach. It must reflect the date of reduction and reflect changes made to the staffing table. You will also need a new approved one.

Step 2. Notifying employees, offering other vacancies

According to the rules of the Labor Code, the employer is obliged to notify the employee 2 months before the reduction of staff, number of personnel, or in the event of liquidation (bankruptcy) of the company. Based on decision taken a new staffing table and an order are issued, which is communicated against signature to each employee who has been laid off.

In the event of reorganization or reduction, but not liquidation, the employer’s responsibility is to offer employees who have been laid off all vacant positions corresponding to their experience and qualifications (clause 3 of Article 81 of the Labor Code). But in practice, the organization simply “forgets” about this, and employees simply do not know about it.

Important! The employer must, as vacancies arise at the enterprise, offer them to those being laid off until the appointed day of dismissal.

Upon receipt of a notification regarding the proposed vacancies, the employee has the right to accept such a place or not. In the first case, the employee is transferred, and in the second, the employee is fired.

Important! If the employer did not offer employees other vacancies, then such a reduction may be recognized as illegal.

Step 3. Notification of the trade union organization and employment authorities

If there is a trade union organization, it must also be notified of the reduction taking place. The issue of timing was controversial for some time, but according to definition No. 201-O-P, which was issued on January 15, 2008, the deadline was determined - to notify 2 months before the date of layoffs, in the case of mass actions - 3 months.

The opinion of the trade union organization must be sent to the employer within 7 days, otherwise it will not be taken into account. If the trade union does not agree on the fact of dismissal, consultations must be held within 3 days, and they should be recorded. If consent to these actions and agreements was not reached within 10 working days, the employer has the right to issue final decision about the reduction.

By the same principle, it is necessary to notify the employment service. The notifications were approved by government decree as amended No. 1469 dated December 24, 2014 - in case of layoffs at the enterprise, 2 months in advance (according to Appendix No. 1) or in case of mass layoffs, then 3 months in advance (according to Appendix No. 2).

Step 4. Order of dismissal

To finally initiate dismissal, it is necessary to issue an order. In this case, in the “grounds” column, you should indicate the reason for dismissal - due to staff reduction. After this, the order must be signed by the director and also, after review, signed by the employee.

Step 5. Entry in the work book

Next, you should enter the appropriate wording into the work book, in which you should display the reason - reduction, referring to the article of the Labor Code. For example, " Employment contract terminated due to a reduction in the organization's workforce, clause 2, part 1, art. 81 Labor Code of the Russian Federation."

Step 6. Entry in the labor record book and employee card

Simultaneously with the issuance of a work book to an employee, you should obtain a signature from him in the journal for issuing work books. And then you need to enter data into the employee’s personal card - the date of dismissal and the reason.

Step 7. Dismissal due to staff reduction and payment of benefits

Let's look at what benefits and payments are due to an employee. It is the fulfillment of obligations under this clause that pushes the employer to negotiate with the employee, and sometimes even intimidate him, into writing a statement of his own free will. Payments are regulated by Art. 178 TK.

When dismissed due to staff reduction, the employee is entitled to severance pay, which is the amount of one average monthly salary, and the average monthly salary is also retained for the period of his employment, not exceeding 2 months. Upon dismissal, the employee is given a certificate of his average monthly earnings (including the amount of severance pay). If the employee is not employed within 2 months, the organization is obliged to pay the employee for another 2 months.

To receive these compensations, the employee must register with the employment service. In exceptional cases, by decision of the service, the employee may be paid for the third month. To receive the payment, the employee must provide the employer with his or her work record book, which contains no employment records, including an application. Payments are made after 2 months from the date of dismissal.

In addition, the employee is due standard payments - (if any) and along with it a payment for the days worked.

There is also early dismissal of an employee if he signs a written consent. In this case, he is paid ahead of schedule all payments due, including for the period before the end of the work period.

After signing the documents, the employee must be paid on the last day of his work.

Appealing actions by an employee in court

In case of unlawful actions, the employee has the right to sue and appeal the decision. To do this, within a month from the date of receipt of a copy of the dismissal order (or receipt of the work report, or from the date of refusal to receive the order or work report under Article 392, Part 1 of the Labor Code), it is necessary to submit an application to the district court to recognize such dismissal as illegal, as well as to impose a penalty from the employer during his absence the amount of average earnings.

Losing a job is not a very pleasant moment. This can happen at will. Dismissals due to staff reduction are often carried out. Payment of benefits in this case is guaranteed by law. The procedure for leaving work for this reason has its own characteristics.

Concept

Staff reduction is a procedure established by law. Dismissal in this case must occur in accordance with the Labor Code of the Russian Federation. Failure by the employer to comply with its terms will result in the employee being reinstated to his position.

Additionally, the employer will pay for illegal dismissal salary for the entire period of 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. The main aspects are present in:

1. Art. 178 and 179 - requirements and procedure.
2. Art. 261 - guarantees.
3. Article 296 - provisions on the reduction of seasonal workers.

Rights

The rights of an employee during 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 preferential rights to remain in positions. Therefore, if it is liquidated, the employer must offer the person another job.

Benefits:

1. Employees who become ill or injured due to work.
2. Persons who have 2 or more disabled people as dependents.
3. Employees who are considered the sole breadwinners in the family.
4. Disabled combatants.
5. Workers upgrading their skills.

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

Features of reduction

Dismissal may be due to staff reduction or elimination of a position. These procedures have their own characteristics. Management is not required by law to provide reasons why such events occurred. But he still must provide the reasons for the surplus of personnel.

State - total quantity company positions. Its reduction often does not depend on management. But the norms of the Labor Code of the Russian Federation must still be observed. In some cases, reduction does not imply dismissal, but only reassignment of employees. It may also apply to a specific position. Then a new schedule is drawn up, where there are no old positions.

Dismissal may affect all employees. This also applies to pensioners. 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 a 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, depriving persons under 18 years of age of work is illegal.

Description of the procedure

There is a procedure for dismissal due to staff reduction. If it is carried out, there is no reason to go to court due to illegal actions. The procedure is as follows:

1. An order is created. It should contain lists of positions that need to be eliminated. The persons responsible for this procedure are also identified. The form of the document is arbitrary.
2. A new schedule is drawn up based on form No. T-3. It indicates the number of staff, positions, rates and salaries.
3. An order is issued on the basis for introducing the staffing table. The document informs employees about the beginning of its validity.
4. The candidates' personal files are reviewed. A commission is being organized to analyze whether people have advantages. Based on the results, a protocol is drawn up, which indicates the conclusions about the impossibility of dismissing workers.
5. A notification is issued to employees about the upcoming event. All persons indicated in it must read and sign.
6. Those employees who decide to terminate the contract early need permission to early termination. It is sent to the employer in writing.
7. The notification is then sent to the employment center and the trade union.
8. If the employer has vacant positions, laid-off employees can fill them.
9. After all issues are resolved, an order of form No. T-8 is issued to terminate the contracts.
10. Entries are made in work books, where clause 2, part 1 is indicated
11. Workers receive payments. Certificates of income for 2 years can also be provided.

This is the procedure for dismissal due to staff reduction. If an employee registered with the military has been dismissed, management is given 2 weeks to notify the military registration and enlistment office about this. If the person from whose income the funds were paid under the writ of execution is laid off, the bailiff should be notified about this.

Notification

Only after notification should dismissal due to staff reduction occur. 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 those fired. If a seasonal worker is laid off, notification must be given 7 days in advance. If an employee whose contract is valid for 2 months resigns, then notice is given 3 days in advance.

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

Payments

If there is a dismissal due to staff reduction, payment of benefits is mandatory. Provided:

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

Payment amounts

If an employee is laid off, he will receive payments based on the law. In this case, the size corresponds to the amount of average monthly income.

Benefits are calculated as follows:

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

Everyone should be provided with an income wherever redundancy occurs. Examples of compensation will help you determine how much you should expect. The employee's average income is taken into account. If it is 20,000 rubles, then in unemployment it will be 15,000 rubles from 4 to 7 months. Then income will decrease. During this time, using the employment center, you can search for a suitable vacancy.

Who is prohibited from being fired?

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

You cannot fire:

1. Pregnant women.
2. Mothers of disabled children.
3. Mothers with children under 3 years old.
4. Single mothers with children under 14 years of age.
5. Single fathers with children under 14 years old.
6. Minors.
7. Workers on vacation.
8. Temporarily disabled.

Guarantees

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

If you have any complaints about the staff reduction procedure, you can go to court to appeal the decision within a month. It should be borne in mind that this body does not always reinstate people to their positions. For example, this cannot be done if the employee does not fit into the preferential category and the procedure was carried out legally. The court may change the wording of the entry in work book, as well as ensure the transfer of payments for forced absence.

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

1. Old and new schedule: one document will indicate the position, but the second will not.
2. Candidates' personal files: one may have advantages and another may not.
3. A person’s written refusal to obtain a new position.

Thus, dismissal due to reduction has its own characteristics. Both parties need to take into account the rules of law, since they are the ones that govern such relationships.