At work, reduction: employee rights

Dismissal of employees on staff reduction is a long and very responsible process for any employer. Because it involves notification of persons subject to reduction, two months before the date of its implementation, as well as payment to them of all relying funds that must be issued on the last day of employment. In addition, the employer must offer this category of subordinates available vacancies, as well as prevent the recruitment of new people.

Preparing for a reduction

Before making layoffs to reduce staff, the employer must fulfill several conditions:

- change the existing staffing table or approve a new one that would show the impossibility of expanding the staff more than the positions it requires;

- notify the subordinates about this for 2 months;

- offer workers other vacancies that are available in the organization;

- Inform the employment authorities within a certain period of time.

If a citizen already knows in advance that there is a contraction at work and that he falls under it, then you can immediately discuss this issue with the head. After all, you can get all the necessary payments before the two-month period and find a new vacant place faster, if, of course, you can not stay the same.

Dismiss by cutting is expensive

In fact, the dismissal of workers due to the reduction in staff is not only a long time, but also not very cheap procedure. The boss needs to pay people not only salaries and compensation for vacation that was not used, but also severance pay for two months. In addition, if a citizen, after reduction, becomes registered in the employment center no later than ten days after his dismissal and will not be employed by him, then in that case he will receive a cash benefit from the previous leader and for the third month. That is why many employers try to bring their subordinates to resign on their own. Then you do not have to pay them so much money.

In the event that there is a reduction at work, but the chief still forced the objectionable employee to leave at will, such dismissal may be appealed through the court. Only for this, witness testimony and documentary evidence of this fact will be needed. Otherwise, it will be impossible to recover to a subordinate at work and get all the relying money.

Notification

About the forthcoming reduction the head warns the employee for 2 months. The notification is made in writing and handed to the person against the signature. Otherwise, the employee will not be considered aware of the forthcoming dismissal, which can subsequently cause his boss big trouble, right up to the trial.

In a situation where there is a reduction in work, the employee's rights should not be infringed upon by his boss. The latter is obliged to offer the former all the available vacancies that can be registered in the notification itself.

The notice of reduction is as follows:

00.00.00 _______________

Dear __________________ (full name of the employee)!

We would like to inform you that due to the reduction in staffing, the position of _____________ is subject to reduction __________ (the number taking into account two months from the indicated date of notification).

We offer you a choice of available vacancies ______________ (name of vacancies). In the event that you agree to work in another position, please report this to the personnel department of the organization (name) by the human resources specialist in writing before the expiry of the two-month period from the receipt of the notification.

Sincerely, Director of LLC ________________ (decoding of the signature).

From the moment when the subordinate was notified of the forthcoming reduction, a two-month period begins to expire, after which he is subject to dismissal with all payments due to him, unless, of course, he agrees to another proposed vacancy.

Payments

When the person is dismissed on the basis of clause 2 of part 1 of Article 81 of the LC RF, the manager must fully pay him and pay:

- Wages for all time of work.

- Compensation for vacation, if it was not used. If the employee has already been on vacation, but the period has not been fully worked out, then with a reduction in the deduction from his salary for it is not made.

- Severance pay in the amount of two months' earnings. In the event that the employee after the dismissal appealed to the employment authorities, but was not employed, he retains this earnings for the third month. At the same time, it is necessary to provide the former management with a work record or a certificate from the employment center that it is registered with them.

Full calculation with the employee must be carried out on the last day of his work, otherwise this would be a violation of Article 140 of the Labor Code.

Right to preserve the workplace

If there is a reduction in work, only those persons who have the highest labor productivity and qualifications have the right to retain the workplace.

In the case when all employees have the same productivity and high qualification, the preference should be given to the employee who:

- has on the maintenance of two or more dependents, for whom the salary of this person is the main source of existence;

- is the sole breadwinner of the family, if no other member of her family has a job or other income;

- Has received disease at realization of labor activity or other serious trauma in the given organization;

- is a disabled veteran of the Great Patriotic War or an invalid who was injured in the period of defense of the Fatherland;

- Raises its level of education in the direction of leadership without interruption from work.

Other categories of citizens who have the right to leave at work with a reduction in staff can be registered only in a collective agreement.

Execution of documents

After all the activities carried out related to the dismissal of staff reduction, there comes a point when the employee must be given a work book and all the payments due. After that, he must sign an order confirming this fact.

When preparing an order, the personnel specialist of the organization should indicate in it the exact wording of the grounds for dismissal, indicating the paragraph, part and article of the Labor Code. After that, fill out the work book, put it in your signature and assure it all with the seal of the organization. The entry in the workplace should be as follows: "Dismissed for staff reduction on the basis of clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation." Other wording is not used, because the citizen is dismissed from work for reduction, and not for other reasons.

All documents related to the person's performance of his work, as well as all the money he has to pay, must be issued to the employee on the day of dismissal.

Unacceptable moments

At a time when the work cuts, it is unacceptable to accept new people for available vacancies. This will be a serious violation on the part of the head, since he must offer these vacant positions only to persons who are threatened with dismissal on this grounds. The level of education of employees does not matter in this case.

It is inadmissible at the final financial calculation to deduct from the salary of an employee for an annual leave, which has already been granted, if at the same time 12 months have not been fully worked out.

In a situation where there is a reduction in work, the rights of the employee can in no way be somehow infringed on the part of the management. This primarily refers to timely payments, otherwise the dismissed person can apply for protection to the judiciary.

Appeal to employment agencies

After the employment contract with the employee was completed on the basis of dismissal for staff reduction, the citizen has every right and even has to apply to the employment agencies of the population within 10 days from the date of his calculation. In this case, the average earnings for him will continue for the third month.

The employment service, in turn, should help the unemployed to find the vacancy that interests him. As a rule, for those who want to work, there is a fairly fast and good job. The reduction of staff as the basis for dismissal for subsequent labor activity does not affect in any way, but at the same time enables a person who is registered with the employment agencies to receive the maximum amount of the unemployment benefit.

job search

But sometimes the employment service does not provide attractive vacancies, so they have to go on their own. At the same time, it is necessary to spend a lot of efforts to find a really interesting and paid position.

Find a suitable job is always morally difficult. This is especially difficult in the case when the dismissed person has gone through a reduction. The search for work in this situation is further complicated by the fact that it is difficult to find a place with a decent salary. That is why many citizens who fall under the reduction, try to stay in the same place, even in another position and with a lower salary. This is better than being unemployed and receiving a small allowance from the employment center.

Good work after reduction, most likely, will get to someone who has a lot of experience in his profession and is intensely engaged in the search for a new vacancy.

Illegal reduction

In practice, there are cases when employers in any way try to get rid of bored subordinates. At the same time, such methods as illegal or "imaginary" reduction are used. In this case, no activities indicative of preparations for dismissal are conducted by the head. The employee is simply orally warned that his post will be reduced, and give a period of two months, so that he was looking for another job.

In the case of illegal reductions, no payments, other than wages, are made to a citizen, although they are registered on paper. At the same time, few people turn to the judicial authorities for the protection of rights, although such cases are often encountered.

Arbitrage practice

Court sessions on labor disputes between a subordinate and his employer are not uncommon for modern justice. At the same time, the law almost always stands on the side of the worker, not his boss.

Let's give an example from the court practice, illustrating the situation.

The citizen worked as a master at the factory. After the head was replaced, he began to have problems at work. The new head wanted to arrange another person for the given place, but he could not dismiss the employee, there were no grounds. Then the human resources specialist advised the management to carry out the procedure of "imaginary" reduction, which is to be notified to the master for 2 months. At the same time, no other vacant positions were offered to the latter, and he was dismissed. And another man was quickly received at this place. Upon learning of this, the former subordinate submitted to the head of the court.

It follows from the court's decision that, if at work the reduction of the state, the citizen falling under his or her influence, should offer another available position. In this case, this was not done. In addition, there was no staff schedule, indicating a reduction in this profession. In this regard, the judicial body granted the latter's claim and reinstated it at work, and, in addition, recovered from the employer a sum of money for moral damages.

If the norms of labor legislation are violated, an illegally dismissed person has the right to be reinstated at work. The reduction and subsequent completion of labor relations in this case can always be appealed through the courts.