What is the best way to resign: by layoff or by agreement of the parties. Dismissal due to staff reduction: step-by-step instructions, compensation, payments and employee benefits

Instructions

Before issuing an order on the upcoming headcount or, it is necessary to exclude all vacant positions currently available in the organization, otherwise you will have to offer them as alternatives to the employee being laid off.

We issue an order (instruction) on dismissal due to a reduction in such and such a position in such and such a department after two months from the date the order was issued. We introduce the person whose position falls under the signature, if the person does not fall into the category of people who are not subject to this at this stage of time, according to the Labor Code of the Russian Federation: single people raising children under 14 years of age, women with children under three years of age, sole breadwinners in family.

After this, we fill out a special form from the Employment Center, where we indicate the position, age, total work experience and length of service in this position. The completed form is certified by the signatures of the HR specialist and the head of the enterprise. We submit the completed form to the Employment Center.

Next, we prepare an official document, where we inform the members of the trade union organization that such and such an employee has been warned two months in advance about the upcoming layoff. Based on this letter, the union is obliged to hold a meeting and provide you with the minutes of the meeting.

Within two months, personnel service employees are obliged to offer the laid-off employee all available vacant positions at that time that are suitable for his qualifications. All this is drawn up in the form of an act with the signatures of the abbreviated employee about agreement/disagreement with the proposed position and personnel officers. If there are no vacant positions, then personnel employees must still notify the laid-off employees in writing, against signature, of the absence of vacancies within two months.
After two months, if the employee has not been provided with another position, he is due to a reduction in numbers or.

Sources:

• how to fire an employee

Some organizations are forced to reduce staff in order to overcome the current financial crisis. Of course, the employer must approach the reduction of employees with full responsibility and be guided by the Labor Code of the Russian Federation, because failure to comply with the requirements of the law threatens him with penalties.

Instructions

Next, submit a notice of staff reduction to the employment center in your district. In it, indicate the positions, job requirements for employees, and the amount of remuneration for each employee being laid off. Draw up a notification in duplicate, one of which will remain in, and the second with a note - with you. Please note that this application must be submitted two months before the layoff, and if you are laying off more than 15 people, three months before.

After this, notify the employee of the upcoming termination of the contract. In this letter, indicate the date of dismissal and the reason. Remember that notice must be given no later than two months before dismissal.

You can also offer him another position; indicate this opportunity in the notification. The employee, in turn, must sign, which will mean his consent.

If the employee refuses to sign, that is, does not agree with the upcoming layoff, draw up a statement of refusal. Please note that you cannot lay off pregnant women, mothers, single mothers and other categories of workers provided for by labor legislation.

After two months have passed, you must prepare documents for dismissal. First, pay the employee all unpaid wages for the period worked, compensation for unused vacation, severance pay, which is equal to the average monthly salary.

After this, draw up an order to terminate the employment contract, referring to Article 81 of the Labor Code. Then enter the information in the employee’s work book, write in it the following wording: “The staff of the organization has been dismissed, paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation.”

Don't forget to also approve the new staffing schedule. And enter information into the employee’s personal card, that is, put a note about dismissal.

Of course, there are no irreplaceable people in business. And the company can do without any specialist, at least temporarily. That is why, during a crisis, management is trying to reduce costs by carrying out global cuts. But you can try to become a valuable employee, and then trouble will not affect you. After all, valuable employees receive special treatment.

Instructions

Know how to present yourself. Sometimes hard work and excellent results are not enough, simply because management has no idea who is carrying the department from month to month. Feel free to demonstrate your achievements and successes. After all, these are really your successes and achievements.

Show management optimism and confidence in the future of the company. Everyone loves to see satisfied and happy faces around them. And your boss is no exception. If there is a choice between an always grumbling and dissatisfied grouch and a cheerful, active optimist, ready for heroic deeds, management will prefer the latter. Of course, with equal professional qualities.

Become a reliable assistant to your boss. This means “the very, very boss.” To do this, you need to constantly be with him, feel real sympathy for the leader and be a good psychologist. Please note that the conversation is precisely about the fact that at the right moment the “big boss” will always look for you with his eyes, and it does not matter whether you know how to repair his I-Phone or you always have blank paper for notes.

Become the “face” of the company. Try to gradually transfer all representative functions to yourself. Over time, you will become the personification of the company for business partners. Changing such an employee can be very difficult for management. But keep in mind that this option requires a lot of effort and the ability to never get tired. The next option is much easier.

Keep most of your work contacts to yourself. Create a database of the main ones and make it as difficult as possible for other employees to access it. Build special relationships with suppliers or customers based on personal relationships. But don’t forget: management must be aware of these relationships and understand that if you leave, the company will lose too much.

Don't be shy about taking on additional responsibilities. If you are seriously afraid of being laid off, the “from call to call” form of work is not for you. Your task is to work overtime, without demanding a salary increase, and to go to work on weekends without complaint. This is the simplest option. But are you ready for such sacrifices?

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Helpful advice

To determine whether you are a valuable employee, answer just five questions:

Will your departure cause disruption to your department?
- Is it difficult to find a specialist to replace you?
- Does a new employee need complex preliminary training before being hired?
- Do you have information, the transfer of which to third parties could cause damage to the company?
- Do you have personal connections with those who are important to the company’s activities?

If the majority of the answers are “yes,” you are in virtually no danger of being laid off.

Tip 4: How to fire an employee without layoffs in 2019

In difficult times of financial turmoil, many businesses are looking for ways to optimize, often resorting to laying off employees. In this regard, the wording “dismissed by agreement of the parties” is increasingly used. This method of dismissal can be beneficial to both the employer and the employee. To do this, you need to draw up an agreement correctly.

You will need

• - Labor Code of the Russian Federation,
• - employment history.

Instructions

Dismissal by agreement of the parties has undeniable advantages for the employer, because in this case you can part with the employee immediately after signing the agreement, you do not have to write a preliminary notice of dismissal and incur expenses for another two months. However, in this case, you first need to convince the employee to sign such a document. To do this, he must see his own benefit from this.

In order for the employee not to refuse the proposed dismissal under the agreement, the employer must compensate him for the payments required by law in the amount of the average salary for two months. The terms and amount of compensation must be specified in the agreement and are binding. Otherwise, the employee may challenge the agreement in court as unfulfilled.

If the employee agrees to your proposal, begin the procedure of drawing up a document in which you indicate the date of termination of the employment contract and the conditions under which it is concluded. The agreement is drawn up in free form; no mandatory forms or conditions are provided for its conclusion.

First, draw up a verbal agreement with the employee, in which you discuss all the nuances of his dismissal, payment of compensation, etc.

Then put these agreements on paper. In order to correctly draw up a dismissal agreement, read the relevant Article 78 of the Labor Code of the Russian Federation “Dismissal by agreement of the parties”

Refer to this article of the Labor Code of the Russian Federation in your document. Indicate the date of termination of the contract and provide your details.

Give the agreement to the employee for signature. Make sure that he fills out his data correctly, signs and decrypts it.

Write an order reflecting the decision to dismiss this employee on the basis of this document, and also specify which date should be considered the employee’s last day of work. Based on this order, the accounting department of the enterprise must prepare a calculation note in which all accruals will be reflected.

Helpful advice

If a decision is made to reduce the number of employees, the head of the organization must issue a corresponding order. It must define the date of reduction - in the procedure it is the starting point on which many related issues will depend, for example, the period within which employees should be notified of dismissal.

How is dismissal due to staff reduction made?

The main stages of the reduction procedure are as follows:
- a reduction order is issued;
- employees are notified of the layoff and are offered another available job;
- notification of the trade union, as well as the employment service, is carried out;
- dismissal of employees is carried out.

When the order is ready and issued, employees subject to layoffs must be notified 2 months before the date specified in the order. At the end of the reduction procedure, orders for the dismissal of employees should be issued. In the “grounds” column, reference must be made to the order to implement reduction measures and to the notification of this. Also, if available, details of the documents in which the employee expressed consent to terminate the employment contract before the notice period expires must be indicated.

What should be the entry in the employee’s work book upon dismissal due to redundancy?

In the employee’s work book, an entry about dismissal is made in a certain order. First, enter the serial number of the entry in column number 1, and the date of dismissal should be indicated in the second column. The third column records the reason for dismissal, and the fourth indicates the name of the document on the basis of which this entry was made, that is, the employer’s order or another form of decision, date and document number.

It should be borne in mind that the date of dismissal should be considered the last working day, unless the employment contract, federal law or agreement between the employee and the employer states otherwise.

When making an entry in the work book, it must be taken into account that it must exactly correspond to the wording of the labor code, which is stated in the order. Therefore, before making an entry, you need to know exactly for what reason the dismissal is being made. Sometimes downsizing and downsizing are sometimes mistaken for the same thing.

The entry in the work book should look something like this: “Dismissed due to a reduction in the number of employees of the organization, clause 2, part 1, article 81 of the Labor Code of the Russian Federation.”

Nowadays, you need to be legally savvy in a variety of issues, especially when it comes to labor relations. What is important to know if you decide to quit or are laid off? About this with Head of the legal department of the Center for Social and Labor Rights Sergei Saurin.

If the employer refuses to sign the resignation letter

The manager has no right to interfere. You can decide to quit at any time, and you do not need to coordinate your resignation with your employer. The only limitation is that according to Article 80 of the Labor Code of the Russian Federation, you are required to notify your management about leaving in writing no later than two weeks in advance. A letter of resignation is just a form of warning, and it is important for you to have confirmation that the employer has received it. To do this, you can ask the person authorized to accept documents to sign for receipt of your application on a copy of this application (the copy remains with you). If for some reason they refuse to sign for you to receive the application, you can send the employer a telegram with acknowledgment of receipt - this will also be a notice of resignation in the proper form.

After the two-week warning period has expired, you will have the right not to go to work and demand registration of dismissal. By agreement with the employer, you can terminate the employment contract before the expiration of the two-week period.

How to use the remaining vacation upon dismissal

The current Labor Code in Article 127 provides for two options for using leave upon dismissal:

If you are "asked"

Dismissal at will, according to the current Labor Code, does not imply payment of any compensation to the employee. However, in a situation where you generally do not mind terminating the employment contract, but do not want to write a statement of your own free will, you can offer the employer to formalize the dismissal by agreement of the parties. In essence, this is the same “conflict-free” basis for dismissal, but you can bargain here. The law does not limit you in choosing the possible terms of the dismissal agreement; everything depends only on your negotiating capabilities. You can try to convince the employer to pay you a certain amount of monetary compensation, or ask for “compensation” in another form (for example, good recommendations).

The agreement to terminate the employment contract must be drawn up in writing in two copies. Often it is drawn up in the form of an additional agreement to the terminated employment contract. From the moment it is signed by the parties, it is binding on both the employee and the employer.

You've been laid off, but you don't agree with it

Article 179 of the Labor Code of the Russian Federation stipulates that employees with higher labor productivity and qualifications have a priority right to remain at work during reduction measures. All other possible criteria (including length of service) are applied only in the case of equal labor productivity and qualifications of workers.

If you have reason to believe that the employer chose you unreasonably, you should appeal your dismissal in court. Unfortunately, you won’t be able to appeal the employer’s actions before the layoff occurred (dismissal or transfer, depending on the availability of vacancies), since the notice of layoff itself does not violate your rights.

In court, you will have to prove that your productivity and qualifications were higher than those of your colleagues in your position (or that you had a preferential right according to other criteria, subject to equality of productivity and qualifications). As evidence, you can use documents, witness statements or any other evidence of your position. It is better to start preparing evidence in advance, even before the reduction occurs.

How redundancy benefits are paid

In accordance with Article 180 of the Labor Code of the Russian Federation, employees are warned by the employer personally and against signature at least two months before dismissal about upcoming dismissal due to a reduction in the number or staff of the organization's employees. During these two months, the employee continues to work and receives wages in the general manner.

After two months, immediately upon dismissal, according to Article 178 of the Labor Code of the Russian Federation, the employer is obliged to pay severance pay in the amount of average monthly earnings. This payment is considered to be the preservation of the employee’s earnings for the first month after dismissal.

If a laid-off employee does not get a job within the first month after dismissal, the employer has an obligation to maintain his average earnings for the second month after dismissal. The average salary for the second month is paid to the employee exactly in the second month (since upon dismissal it is not known when the laid-off employee will be able to get a new job). Moreover, if an employee gets a new job in the middle of the second month after dismissal, then the old employer pays him the average salary only for that part of the second month during which the employee did not work.

If an employee is registered with the employment agency within two weeks after dismissal due to layoff, and despite this was unable to get a new job within two months after dismissal, the old employer retains his average earnings for the third month after dismissal (payment rules the same as for the second month).

Article 180 of the Labor Code of the Russian Federation establishes the possibility of an employer and an employee to agree to terminate an employment contract in connection with a layoff before the expiration of a two-month warning period. In this case, the employer is obliged to pay the employee a lump sum (upon dismissal) monetary compensation in the amount of average earnings for the entire period remaining before the expiration of the two-month period, plus severance pay in the amount of average earnings for one month. In this case, the preservation of earnings for the second and third months after dismissal occurs according to the general rule.

Is it possible to contact the Employment Center with only registration in hand?

According to Article 31 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation”, the decision to assign unemployment benefits is made simultaneously with the decision to recognize a citizen as unemployed. In accordance with paragraph 2 of Article 3 of the Law on Employment, the decision to recognize a citizen registered for the purpose of searching for a suitable job as unemployed is made by the employment service authorities at the citizen’s place of residence.

We are talking specifically about the place of residence, and not about the place of registration (registration), therefore, if you receive a refusal, you have the right to demand that the refusal be formalized in writing and appeal it in court or to a higher authority (the employment department of the constituent entity of the Russian Federation).

Please note that registration at the place of stay and residence is only a method of registering citizens within the Russian Federation provided for by federal law, which is of a notification nature and reflects the fact that a citizen is at the place of stay or residence, which cannot serve as a basis for restriction or a condition for the exercise of the rights and freedoms of citizens .

When enterprises face an internal economic crisis, there is a need to lay off workers to reduce the number of employees within the organization. This procedure is provided for by current legislation and must be carried out in compliance with its rules and regulations.

Concept of downsizing

The number of employees of an enterprise is a list of employees working in this organization. Staff reduction means a change in the direction of reducing the actual number of employees.

The number of employees is the total number of all positions provided in a given organization. Thus, reduction means the removal of some positions or their quantitative composition from the staffing table.

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

Dismissal due to staff reduction, sample procedure

The process of making reductions in production should be carried out in a strictly agreed upon manner. There are legal rules according to which layoffs are made:

• Drawing up and publication of an order on changes made to the staffing structure and the numerical reduction of employees of the enterprise. This document contains a list of positions that are subject to dismissal or reduction in staffing, indicating the effective date and termination of their employment contracts. For this purpose, a special commission is created, whose responsibilities include resolving all issues related to notifying workers of their dismissal, as well as notifying the employment center and trade unions.
• A notice of dismissal due to staff reduction is drawn up in a form containing all the necessary information about the ongoing abolition of the position. It should be sent for familiarization to employees against signature. This applies to those employees who are on the redundancy list. Such an event must be held no later than 2 months before the date of termination of employment contracts with them. The delivery of such notices must be carried out in the presence of several representatives of the employer, so that they can act as witnesses if the employee refuses to familiarize himself or does not agree with the notice. Such facts must be recorded by drawing up special acts.
• Dismissal due to reduction of an individual employee is carried out with mandatory notification. In this case, the employer must offer the employee all vacancies that correspond to his qualifications within the administrative-territorial area in which the organization is located. The employer is also obliged to provide a choice of positions that this employee can occupy within the organization; he will be transferred to one of them if he agrees. If the company does not carry out such actions, then the dismissal of the employee will be considered illegal and can be appealed in court. If the employee voluntarily refuses the vacancies offered to him, then the employer must draw up a written act on this fact, which during the proceedings can act as evidence in court.
• Along with notifying the employee, within 2 months before it comes into force, the employer is also obliged to notify the Employment Center. For this organization, it is necessary to provide documents for a period of 3 months before the planned reduction, if it is massive. The notification submitted to the Employment Center must indicate a complete list of positions subject to reduction and the number of employees being laid off, as well as qualification requirements and the level of their remuneration. If an enterprise includes in its structure several divisions located in different localities, it is necessary to notify each of the Employment Centers. In the absence of notification to the Central Employer's Office about the employee's layoff, the order will be considered invalid and illegal.
• Trade union organizations must be notified within the same time frame as the Labor Center of the planned reduction. This process is carried out no later than 3 months in advance. In the absence of notification of the trade union by the employer, such actions will be considered illegal.
• Dismissal due to reduction is made after 2 months from the date of notification to the employee. A dismissal order is issued, and all the necessary documents are drawn up. These actions are sealed with the employee’s signature within the time limits provided by law. A work book is issued with the appropriate note (that there was a dismissal due to staff reduction), and a full payment is made.
• Severance pay is a compensation payment from the employer, which is mandatory and is paid within the time limits established by law.

Grounds for carrying out the staff reduction procedure

Under current legislation, the employer is not required to provide information about the reasons for the decision to dismiss due to staff reduction. He has the right to independently manage the process of effective economic management of the enterprise’s activities and rational use of its property, which may be followed by a decision to change the personnel composition.

Thus, dismissal due to reduction does not necessarily have to be justified by the employee who was laid off, but this is recommended for every manager. After all, in accordance with the employee’s constitutional right 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 preferential right to remain in his current position, and therefore the employer does not have the right to lay him off or is obliged to offer him another position. And if the employee refuses the opportunity provided, the employer does not have the right to fire him.

Preferential rights arise when an employee has higher productivity or qualifications than other employees occupying the same positions. All things being equal, there are a number of preferences for reinstatement:

• Family circumstances. If the employee has two or more dependent disabled family members.
• Persons in whose family, due to health or age, there are no other suppliers.
• Employees who received occupational injuries or illnesses while working for the organization.
• Disabled combatants.
• Employees undergoing advanced training, sent for training by the employer.

In the event of a dispute brought before the court, if the employee can prove that those remaining in similar positions have less qualifications and labor productivity 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 14 years of age or a disabled minor.
• This is an employee who is raising children of these categories without a mother.

Reduction of minors

In accordance with the current Labor Code, under Article 269, dismissal of an employee due to 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

Dismissal of an employee due to staff reduction, 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 obligated to pay the average monthly salary for 3 months from the very day of dismissal.

Step-by-step dismissal due to staff reduction

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

• Issuance of a decree on the creation of 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 laid off.
• 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 dismissal.
• Offer the employee to take another vacant position.
• Notify the union, if there is one, of the planned layoffs.
• Obtain permission from the trade union for the candidacy specified by the employer.
• If there are minors on the list of employees, obtain the consent of the State. Labor Inspectorate and Commission on Minors' Affairs and Protection of Their Rights.
• Notify the local employment service authorities in writing.
• Document the transfer of employees who have agreed to take other positions.
• Officially formalize the dismissal of employees who do not agree to take the proposed vacant positions.
• Calculate payment of severance pay and compensation to employees.

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 assign and pay severance pay for dismissal due to reduction, which should be equal to the average monthly salary of the employee. In the case of an increased amount established in accordance with a collective or labor agreement, the organization is obligated to pay exactly this amount. The Labor Code of the Russian Federation provides for the payment of dismissal benefits due to a reduction in the organization's staff, as well as the mandatory payment of taxes on them.

In addition to paying severance pay, the company is obligated to maintain his average salary for the duration of the dismissed employee’s employment, which does not exceed 2 months from the date of dismissal. These payments may continue for a 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 authorities and was not employed by them.

Compensation compensation is provided if, during the notification of the employee about the upcoming layoff, he agreed to the early termination of his employment contract, which must be in writing. Such compensation is equal to average earnings.

Reduction of union workers

Dismissal due to reduction of parties, one of which is an employee of a trade union organization, must be carried out in the usual manner. And also notify representatives of the organization, who must make an informed decision regarding 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 justification of the reasons.

If the trade union organization does not agree with the manager’s decision and within the specified 7 days has submitted its opinion to him, then a dialogue can be organized between the employer and representatives of the trade union organization about the appropriateness and legality of the decision made. In this case, the union is obliged to provide solutions to the manager within the next three days. If no general decision has been made, the employer reserves the right to make a final decision, which can be challenged in court.

It should also be taken into account that the manager has the right to terminate the employment contract with the employee no later than 1 month after receiving the union’s opinion. 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 organization about the layoff of workers 2 months in advance, and in the very first days stipulated by law, the trade union expresses its opinion in the form of agreement with the layoff of the specified employee. Then, by the time the date of termination of the employment contract arrives, 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 leadership positions in trade union organizations are allowed only with the prior consent of higher-level elected trade union organizations. And in the absence of such permission, the employer cannot reduce the leadership position of the trade union. If the employer decides to dismiss such an employee without the consent of higher trade union organizations, then such dismissal is illegal and entails the restoration of the employee to his previous position.

In this case, the employer is obliged to provide the highest body of the trade union organization in writing with reasoned evidence indicating the reasons for the expediency of dismissal for the economic growth and development of the enterprise, which should not be conditioned by the employee’s implementation of 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 higher trade union organizations to dismiss 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 stated 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 not related to the employee’s work, 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 this need, the manager must strictly follow the letter of the law and the standards provided for by the current Labor Code and take care of the dismissed employees. Dismissal due to staff reduction, compensation for loss of source of income and position held are both the right and obligation of every employer.

During periods of crisis, many companies conduct massive staff reductions. There are various options for terminating an employment contract with employees. The employee’s reputation in the labor market, compensation paid and the further process of employing the employee depend on which option is chosen. Each option has its own advantages and disadvantages, both for the employee and the employer.

The first and most popular option that the company offers an employee is dismissal “at his own request” or “by agreement of the parties.” In case of mass layoffs, this is the most profitable option for the company. With this option of dismissal, the employee does not receive any special compensation and leaves the company after two weeks of work or earlier if both parties agree with this option. But if the company is downsizing, this option infringes on the rights of the dismissed employee provided for by the Labor Code of the Russian Federation. You should agree to this option only if the employer offers in return recommendations that are very valuable to you or guaranteed assistance in finding a job. Also, employees with “gray” salaries sometimes agree to this option.” In all other cases, it makes sense to fight for your rights and achieve dismissal due to staff reduction.

Official dismissal due to staff reduction is the most beneficial option for the employee. According to the laws of the Russian Federation, an employee dismissed due to reduction has the right to retain his job for two months and receive compensation equal to his official pay during the first three months of further job search, subject to registration with the employment service. It is also possible to be fired in one day with the payment of a lump sum compensation equal to wages for two months of work, which does not cancel payments while looking for a job. It is not easy to quit due to staff reduction, since such dismissal is financially very unprofitable for the employer. Therefore, the company's management uses various methods in order not to fire an employee in this way. Soft means include a mutually beneficial “contract”. The company offers to formalize the dismissal as voluntary with financial compensation, good recommendations, etc. This is a good option if you do not feel strong enough to assert your legal rights or are afraid of bad recommendations. But, as a rule, the compensation will not be as great as in case of dismissal due to reduction.

Another method that the company can use is an attempt to fire you under articles of violation of labor discipline or inadequacy for the position held. This sounds threatening, but in fact, such dismissal is very difficult. To ensure that your rights are not violated, be sure to call the labor inspectorate and outline the situation. For example, you cannot fire someone for being late for work if there are not three explanatory notes from the employee. And inconsistency with the position can only be incriminated against the specialist who signed the officially approved job description. There are many such moments. All of them are spelled out in the Labor Code and you can use them to argue your position. If you are threatened with layoffs, be sure to print out the relevant article of the Labor Code, prepare to calmly and confidently defend your rights, bring a voice recorder to the meeting, and if a controversial issue arises, declare your desire to interrupt the conversation and consult with a labor inspectorate specialist.

As a rule, companies conducting mass layoffs are able to pay all the required compensation to those employees who know their rights, and save on those who are not so well versed. Knowledge of the law will allow you to be among those who will receive all the required payments and benefits.

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 a salary for the entire period of absence. Work disputes are often 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 protection 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.

Staff - the total number of positions in the company. 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 terminate early. 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 considered 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. Privileges. 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; 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.

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 of age.
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 the 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.