Reduction of employees: articles, procedure, rules

The decline in production in many industries is a normal consequence of the global economic crisis. As a result, owners of factories and enterprises are forced to significantly reduce staff. The procedure for the dismissal of employees must be carried out according to all rules. The employer does everything to ensure that after that the staff is able to get a job again.

Step one

Reduction of employees must be documented. The employer issues an order that describes the total number of layoffs. A new timetable for specialists is being approved, according to which the work of the organization or enterprise continues in the future. It indicates the total number of employees after the reduction procedure, as well as the date the new schedule is put into effect. The enterprise can be reduced the number of employees of all categories or individual specialties. Mass reduction can be carried out only with the restructuring of the organization. In most cases, only 15-20% of employees are dismissed from the total staff.

The employer is required to inform the employment service in advance of the forthcoming reduction of employees. If there is a mass dismissal of staff, send a letter of consultation is not later than three months before the procedure. For 90 calendar days it is necessary to notify the employment service if it is planned to dismiss more than 50 employees in one month or more than 200 workers in three months. Mass reduction is the liquidation of an enterprise or organization. Depending on the territorial and economic characteristics of a particular region, other factors of multiple layoffs can also be established. Any deviation from the generally accepted norms is approved by the local government.

Step Two

After the decision to reduce the number of staff is final and irrevocable, it is necessary to select specialists who will be subject to dismissal. In this case, it is necessary to comply with the rule of benefit for leaving in the workplace. Some employees can not be fired for a number of reasons. According to the Labor Code, the reduction can not apply to women on maternity leave, employees with children under three years of age, single mothers who take care of a minor child, and other persons who care for a disabled person or a minor.

Article 179 of the Labor Code describes who may be given the pre-emptive right to leave in the workplace. Dismissal of redundancy in the last place applies to employees with extensive experience and high qualifications. High performance must be documented. The employer can not make a decision based on his own preferences. Qualification of a specialist can be evidenced by such factors as the availability of higher professional education, a large number of past attestations. Persons having a scientific degree or rank are the last to be dismissed.

If all employees of the enterprise have equal conditions, preference is given to workers who have more than one underage child. It is not possible to reduce the number of employees who were previously injured or injured at the enterprise. Also, do not fire participants of the Great Patriotic War or other hostilities.

Advantage can also be granted to persons who are authors of any invention. Preference is given to the spouses of servicemen in state organizations and military units. Dismissal of reduction concerns them in the last place. Citizens who are dismissed from military service and come to work can not be deprived of their first post. They are also given the pre-emptive right to leave in the workplace.

Collective agreement of a particular organization may also describe other categories of specialists who may have an advantage in the event of termination. The main ones are described in the LC RF. Reduction must be carried out in accordance with all rules and regulations.

Step Three

The employer must notify each employee who is subject to reduction in writing. All the nuances are described in Part 2 of Article 180 of the Labor Code of the Russian Federation. Everyone has a written dismissal to reduce the employee. Also the head can inform personally under the receipt. This must be done no later than 2 months before the date of the forthcoming dismissal. This allows the employee to find another decent job.

Often there are cases when employees refuse to sign the order on reduction. In this case, the procedure is slightly more complicated. The employer must send a letter with a notification to the home address. In parallel, a special act is prepared on the refusal of the employee to familiarize himself with the dismissal order. If the employee subsequently applies to the court with a demand to understand the grounds for dismissal, the employer will be able to submit all necessary documents without any problems. The staff reduction procedure will be followed correctly.

Step Four

According to the Labor Code of the Russian Federation, with the reduction of the employee, the employer must offer him a written translation for another job. Employment measures will help people who fall under the reduction, again get a job in another organization. Such measures are only auxiliary. The employee has the right to refuse the proposed vacancy and independently find another. In some cases, an internal transfer is possible. That is, at one enterprise the specialist is reduced from one position to another. At the same time, a new schedule of employees must be compiled, and job descriptions approved. They describe the working conditions in the new workplace, as well as the nuances of wages.

First of all, a specialist can be offered a position that corresponds to his qualification. If there are none, a vacant seat may be offered for a lower post. It is worth considering that the salary in this case will be somewhat lower. Jobs that match the qualifications of a specialist, as well as his state of health, may be offered.

In the event that the employee agrees to the proposed vacancy, a translation is made as soon as possible. Refusal of the position is documented. A special act is being drawn up, on which the signature of the employee who has fallen under the reduction is necessarily put. If the employer can not offer a position corresponding to the qualification of the employee, an act is also drawn up about the impossibility of transferring to another position.

It should be taken into account that the reduction of employees is possible only when they can not be transferred to a similar post in another department. Failure to comply with this requirement is a serious violation of the labor code and presupposes the employer's responsibility. To protect yourself from litigation, the head of the organization or enterprise should receive a written refusal of the employee who is being reduced, to transfer to another position.

Step Five

The procedure for reducing the employee who is a member of the union is somewhat complicated. In accordance with the labor code of the Russian Federation, the employer must send a copy of the document to the trade union organization, which is the basis for the forthcoming reduction. Additionally, a draft dismissal order can be sent. This procedure is carried out one month after the employee is notified of the dismissal at a partial reduction and two months later with a mass reduction. The trade union body can consider this issue no more than seven working days. Further, a written response with recommendations is sent.

Often there are cases when the union does not agree with the employer's decision to reduce the specific employee. In this case, within three days after the written response, the parties must meet and discuss the details. The results of such a meeting are made in writing, and all the nuances of negotiations are recorded in the protocol. Within ten days after the negotiations, the employer has already made the final decision. The procedure for the reduction of the employee in the future occurs according to all rules. The employer's decision can be appealed to the state labor inspectorate. When a complaint is received, the issue is considered within 10 working days. If the reduction procedure was performed illegally, the employee can be reinstated in his position.

If the employment contract with an employee who has not yet reached the age of 18 is terminated, in addition to the trade union organization, the employer must also notify the inspection of the rights of minors. Only after obtaining consent from this organization, the employee can be reduced.

Step Six

With the written consent of the employee, the employer has the right to terminate the employment contract with him before the deadline. At the same time an additional allowance is paid in case of reduction, which corresponds to the amount of wages for the remaining working days. Compensation is calculated in accordance with the job description of a particular employee, as well as the number of working hours before the date of dismissal. The procedure for dismissal ahead of schedule is carried out in accordance with the third part of Article 180 of the Labor Code of the Russian Federation.

The employer creates an order to terminate the employment contract. The rights of the employee must be observed when reducing. It is not allowed to dismiss employees during their temporary incapacity for work or stay on paid leave. An exception can only be a complete liquidation of the enterprise. In this case, mass reduction occurs without notification to trade union organizations.

Each employee must be familiarized with the order to reduce not later than three working days from the date of its publication. The employee signs his signature in the relevant protocol. This he confirms that he was informed of the dismissal. The order for reduction must be registered in the journal on orders.

Step Seven

The employer is obliged to pay employees a reduction allowance. The calculation is made in accordance with Article 178 of the Labor Code of the Russian Federation. In addition, compensation is paid for all unused vacation days. If there is a termination of the employment contract in connection with the liquidation of the enterprise or organization, the employee is entitled to a payment that equals the average monthly wage. In addition, the employee retains the average monthly earnings for the period of employment, provided that he applies for help to the employment service. At the same time, payments can go no more than two months from the moment of official dismissal.

In the work book of a specialist, there must be a record about the termination of the employment contract. The reason why a person was dismissed from the organization is indicated. Employees who have been reduced, have much more advantages. They manage to find a high-paying job much faster than by resigning from their previous place of their own free will. All entries in the workbook are recorded in accordance with the rules for the maintenance and storage of corporate records No. 255. The calculation of the specialist, as well as the issuance of his work record book, are carried out directly on the day of dismissal. If at this time the employee is not in place, the calculation is made on demand. As soon as a person comes to the organization from which he was dismissed for reduction, he can present a demand for a calculation in writing. The allowance for reduction of employees is paid no later than the next business day.

Staff reduction report

When a staff member is reduced, the employer is obliged to notify the employment service that the dismissal procedure was carried out. This must be done within 10 days after the termination of the employment contract. For late submission of the report on dismissals to the chief of the enterprise or the organization threaten penal sanctions. You will have to pay serious compensation to the state, equal to the annual salary of the released employee, information about which has not been received by the employment service. Penalties can be imposed on both private entrepreneurs (individuals) and organizations (legal entities).

Often an employer writes an entry in the employee's work book incorrectly. This is done intentionally, so as not to draw up unnecessary documentation. The matter is that dismissal "by agreement of the parties" does not require additional notice to the employment service of the population. Together with this, the dismissed employee receives the same rights as with the reduction.

The employer is obliged not only to submit a report on the reduction in a timely manner, but also to fill it correctly. The document must include the passport data of the employee, the name of his position, the code of the profession in accordance with the labor code, the qualification level of the employee, his average monthly salary. Additionally, the education of a specialist can be indicated. If he has a disability, the group must be specified. All these data will help the employees of the employment service to find a suitable position sooner.

The report should be drafted by an employee who holds a management position, or his deputy. The document is certified with a wet seal and a signature.

What should a worker do when reducing?

Reduction of employees during the economic crisis is a normal procedure for which everyone should be prepared. To understand that an employee can be subjected to dismissal is quite simple. One has only to imagine whether the production will suffer if the person resigns on his own. If not, then the employer can easily reduce it at the first necessity. First of all, those who work unofficially are fired. Therefore, everyone should strive for employment in accordance with all the rules of the Labor Code of the Russian Federation.

Often, employees are faced with the proposal of the authorities to write an application for dismissal on their own. In no event can such a statement be written. Benefits for the employer can be a huge amount. There is no need to pay severance pay and fill out a lot of documents. The dismissal of a staff reduction officer is a lengthy and time-consuming procedure. But the employee can not be a beneficiary at the dissolution of the contract at his own request. Moreover, that the severance pay will not be obtained, so also the payments from the employment service will begin only three months after the registration.

Notification of the employee about the reduction comes always in advance (no later than two months before the forthcoming date of dismissal). During this time, everyone has the opportunity to find a decent job. In addition, the employer himself is obliged to offer a job in another department, if it is vacant. Valuable specialists are always in price. Therefore, it is necessary to carry out their work on conscience, in order to always be in a good position.

Let's sum up the results

Reducing the state can occur without incident, if the employer will perform it in accordance with the rules of the Labor Code. Do not despair, if you had to sign the dismissal order. High qualifications and experience are of great importance. A good worker can always find the right job. And specialists of the employment service are always happy to help in this.