Dismissal from work due to reducing staff. The main reasons for the reduction. Grounds for reducing staff of employees under the TK RF - General legal norms

In connection with possible difficulties in the economy, some companies are already beginning to think seriously about the optimization of personnel. Simply put, abbreviations. How to organize these events - in our article.

We make an order and notify the competent authorities

First of all, the enterprise should publish an order to reduce the state and on the introduction of a new staff schedule. Alternative option - making appropriate changes to an already valid document (by issuing a corrective order).

The order reduction order must contain information about:

· Reduced full-time positions;

· Officials responsible for carrying out abbreviations.

After that, such departments are notified of the state reduction as:

· Employment bodies;

· Primary trade union organization.

Notice in writing is sent no later than two months before the date of dismissal of the employee. With a mass dismissal, this term increases to three months. The basis is paragraph 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 "On Employment of the Population in the Russian Federation".

Keep in mind: refers to a massive category or not - this is determined by special criteria that are enshrined in the relevant sectoral and territorial collective agreements.

At the same time, the primary trade union organization must be notified in the same time. This says.

In case of non-compliance with the procedure or timing of the notification, the dismissal of employees can be recognized illegal.

Please note: if the trade union members fall under reduction, the employer is obliged to request a motivated opinion of the elected body of the primary trade union organization. Such an opinion trade union should submit within 7 business days. Otherwise, it should not be taken into account. If the trade union does not agree with the appropriate dismissal, then it should hold additional consultations with the employer, whose results are executed by a special protocol. In situations where it is not possible to agree, the employer after 10 working days from the date of the request has the right to make a final decision on reducing. The dismissal of a trade union member occurs within a month from the date of receipt of a motivated opinion -.

Determine the circle of "privileged" persons

So, when reducing the state or number, the preemptive right should be provided to employees who have higher labor and qualifications. The legal basis for this is part 1 of article 179 of the Labor Code.

If the staff have equal qualifications and labor productivity, then at work should be left first (part 2 of Art. 179 of the Labor Code of the Russian Federation):

· Family workers in the presence of two or more dependents - disabled family members who are fully maintained by an employee or receiving assistance from it, which is for them a constant and main source of livelihood;

· Persons whose family has no other employees with independent earnings;

· Workers who received labor injury (occupational disease) in the period of operation of this employer;

· Disabled in the Great Patriotic War and disabled hostilities;

· Workers who improve their skills in the direction of the employer without separation from work.

In addition, individual categories of employees who have a preemptive right to work can be enshrined at the legislative level - for example, the provisions of Article 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-1 "On the social protection of citizens who have been exposed to radiation due to the Chernobyl disaster NPPs »and Articles 21 of the Law of the Russian Federation of July 21, 1993 No. 5485-1" On State Secret ".

It should be borne in mind that there are categories of workers who cannot be dismissed while reducing the state. These include (Art. 261 of the Labor Code of the Russian Federation):

· pregnant women;

· Women who have a child whose age is less than three years;

· Lonely mother who brings up a disabled child under the age of 18 or a child up to 14 years.

Warning employees

The reduced workers must be warned about the optimization of painting. Term - no later than two months before the date of the dismissal of a certain employee. Base -.

Please note: before the expiration of the specified period, the employment contract may be terminated with the written consent of the employee. At the same time, it should be paid compensation in the amount of average earnings, which is calculated in proportion to the time remaining until the expiration of the dismissal prevention period.

It must be remembered that in cases of violation of the order or time of the reduction notification, the corresponding notification can be recognized illegal.

We offer vacancies

Optimized employees should offer other vacancies that this employer has available.

The employer is obliged to offer those jobs that (taking into account the state of health):

· Conside the qualifications of the employee;

· Have the lower or lower point.

Keep in mind: Jobs that have an employer in another area can only be proposed in cases where it is provided for by the provisions of the collective or employment contract - part 3 of Article 81 and.

The employer is obliged to offer vacancies during the entire period of the state reducing - see, for example, the findings contained in the definition of the Supreme Court of the Russian Federation of June 10, 2011 No. 20-G11-6 and paragraph 29 of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

We terminate employment contracts

Staff optimization activities are issued by a special order, which is compiled by a unified form. Simultaneously in employment records are recorded records of staff reduction. The base is paragraph 2 of Article 81 of the Labor Code.

On the last working day, employee must be made such payments as:

· Final payroll (including premiums, surcharges and other similar payments);

· Monetary compensation for all days of unforeseen vacation;

· Output allowance in the amount of average monthly earnings.

It should also be remembered that in situations where the employer by agreement dismisses the employee earlier than a two-month period, the employee has the right to receive additional compensation in the amount of average earnings calculated in proportion to the time remaining before the expiration of the dismissal warning period. The base is part 3 of Article 180 of the Labor Code.

Employees retained the average monthly earnings for the employment period, but not more than 2 months from the moment of dismissal (with a testing of the day off). Base -.

However, to obtain an average earnings for the second month, an employee must submit to the employer:

· Appropriate statement;

· Labor book (it should not be entry on employment at the end of the second month from the date of dismissal).

In addition, the labor or collective agreement may be provided for (part 4 of Art. 178 of the Labor Code of the Russian Federation):

· Other cases of paying output benefits;

· Increased output benefits.

On the last working day, the employee must be issued the following documents:

· employment history;

· Help on the amount of earnings for the last two calendar years.

Please note: the employee has the right to appeal the dismissal in the district court. To do this, he must submit an application for the recognition of dismissal to illegal, restoring the work and recovery of average earnings during the forced absenteeism. The responsible employee is allocated to this month since the presentation of a copy of the appropriate order, issuing an employment record or the day, when he refused to receive an order about the dismissal or employment record. Moreover, the ex-employee is not obliged to insist on its own recovery. It may, for example, limit the requirements for the recovery of the average earnings during the forced absenteeism and changing the formulation of the base of dismissal.

Summary:

1. The company should have an order to reduce the state and on the introduction of a new staff schedule.
2. Notice in writing is sent no later than two months before the date of dismissal of the employee.
3. If union members fall under abbreviations, the employer is obliged to request a motivated opinion of the election body of the primary trade union organization. Such an opinion trade union should submit within 7 business days.
4. When reducing the state or number, the preemptive right should be provided to employees who have higher labor and qualifications.
5. The reduced workers must be warned by the optimization of painting. Term - no later than two months before the date of the dismissal of a certain employee.
6. Jobs that have an employer in another area can only be proposed in cases where it is provided for by the provisions of a collective or employment contract.
7. Staff optimization activities are issued by a special order, which is compiled by a unified form. Simultaneously in employment records are recorded records of staff reduction.
8. Employees retained the average monthly earnings for the period of employment, but not more than 2 months from the date of dismissal (with a testing of the day off).
9. An employee can also receive payment on a sick leave in case of disability within 30 calendar days from the date of dismissal.
10. The worker has the right to appeal to dismissal in the district court. To do this, he must submit an application for the recognition of dismissal to illegal, restoring the work and recovery of average earnings during the forced absenteeism.

If necessary, the employer may decide to reduce the number or regular units. To avoid legal proceedings with dismissed employees, you need to comply with a certain reduction procedure.

Maria Blagovolin,
allen & Overy Senior Lawyer

Separate categories of workers who are subject to social protection and which cannot be reduced: pregnant women; Women with children under the age of three; Single mothers raising a child under the age of 14 (a child-disabled child under 18) (Art. 261 of the Labor Code of the Russian Federation). Also can not cut the employee during its disability or leave (Part 6 of Art. 81 of the Labor Code of the Russian Federation)

Is it possible to offer temporary vacancies?

The vacancy is a position provided for in the company's staff schedule, an employment contract has been made to fulfill work. That is, the position is not considered vacant if it is actually occupied by the employee, but it is on maternity leave, on child care leave or temporarily transferred to another position. This is due to the fact that in this period the employee remains its workplace (position in the staff schedule).
Thus, if you follow logic, the employer is obliged to offer the so-called permanent vacancies. However, there is no direct ban on legislation to offer temporary vacancies. That is, the employer can offer employees and temporary vacancies, while with them it is necessary to conclude an urgent employment contract - during the lack of the former employee. It should be noted that the practice of ships on this issue is not unambiguous (the definitions of the Moscow City Court dated July 01, 2010 No. 33-19668, St. Petersburg City Court of 30.08.2010 No. 33-11908).

Dismissal before the expiration of a two-month term

If an employee who fell under the reduction, will write consent to early dismissal, an employment contract with it can be terminated until the expiration of a two-month period. Such an employee needs to pay additional compensation, the size of which depends on the time remaining before the expiration of the two-month period of the notification (part 3 of Article 180 of the Labor Code of the Russian Federation).
At the same time, the employee may be abolished not to reduce, but at his own request (Art. 80 of the Labor Code of the Russian Federation). In this case, the employer is not obliged to pay compensation worker associated with dismissal to reduce (Art. 178 of the Labor Code of the Russian Federation).

Footnotes:
1 tbsp. 81 TC RF
2 tbsp. 179 TC RF
3 tbsp. 179, 180 TK RF
4 tbsp. 394 TC RF
5 tbsp. 180 TC RF
6 h. 3 tbsp. 80, part 1 Art. 180 TC RF
7 p. 2 art. 25 of the Federal Law of 04/19/1991 No. 1032-1
8 tbsp. 178 TC RF
9 apparatus. fast. State Statistics Committee of Russia of January 05/2004 № 1

One of the grounds for termination of the employment contract at the initiative of the employer is to reduce the number or staff of the company's employees 1. Before reducing the personnel service and the management of the company, you need to decide in advance, the staff is reduced or only a number.
Reduction of the number is to reduce the number of full-time units by a particular position. For example, in other seven analysts in a staffing schedule remains four. State reduction is a complete exception to some posts. For example, the position of the analytics is completely excluded from the standard schedule.

What option to choose the employer?

Despite the fact that the Labor Code provides for the same amount of guarantees and compensation to employees to be dismissed due to the reduction of the number and staff, in practice the situation looks different.
In the event of a reduction in the number, the question of preferential right to leaving 2 is inevitable. The employer needs from several employees with the same posts to choose those who have to be fired, and this choice must be justified. Of course, in the Labor Code, it is clearly written that the preemptive right to leaving at work (with a reduction in both numbers and state) is provided to employees with higher labor productivity and qualifications. However, most practitioners are inclined to believe that in the event of a state reduction, the preferential right is not applied. After all, all employees are reduced with the chosen full-time position, that is, the employer does not need to leave someone from employees, and whom to fire.
Judicial practice also proceeds from the fact that, while reducing the state, the preemptive right is not taken into account when we offer vacant posts. In this regard, from the point of view of the risks of a trial with dismissed employees, a more reliable option is the procedure for reducing the state.

Observe the dismissal procedure

When reducing employees, it is important to correctly produce all the procedures and arrange documents 3. Violation of the established procedure can lead to the fact that the dismissed will have to restore at work and pay for him forced 3. The court can restore at work dismissed to reduce the employee, even if the employer made an error in a purely technical character. The procedure for reducing the number or staff of employees consists of several stages.

Order of the Reduction
First of all, the company's head issues an order to reduce the number or state, which contains positions to be reduced. The new regular schedule must be approved by the same or separate order (with amendments that resulted in a reduction).

LLC "Akt" in 2011 rented a building under the office, which led its activities. In 2012, management decided to reduce rental costs in connection with the unstable financial situation of the company. Since February 2012, Active LLC rents half of the building, and therefore the manager decided to reduce the number of cleaners (from two to one).
An order to reduce the number (see below) was issued.

Order number 2.
about reducing the number of employees

In connection with the decrease in the total area of \u200b\u200bthe rental premises for the asset LLC
Order:
1. To exclude from May 2, 2012 from the staffing schedule of LLC AKTIVA, the staffing unit of the post:

2. Head of the personnel department Kalashnikova A.L. In the manner prescribed by the current labor legislation: notify the employee Maevskaya OG about the upcoming dismissal to reduce the number; report data on the upcoming release of the employee; Prepare a list of vacant posts for suggestions of the released employee.

3. To approve the staffing of March 1, 2012 No. 05-shr and introduce it on May 2, 2012.
Director Olkhin I.D. Olkhin
With the order acquainted (a):
Head of the Department of Kamrov Kalashnikova A.L. Kalashnikov

Notification of employees
On the upcoming dismissal due to the reduction of the number or staff of workers, it is necessary to prevent in advance - personally and under the painting for at least two months before dismissal. If an employee refuses to raise a notification mark, you need to make an act with witnesses (at least two people), which will be confirmed by the fact of notification of dismissal.

The head of Active LLC decided to liquidate the position "Web Application Developer" to reduce labor costs in the company. Startsev I.P. Will be fired to reduce the state 02.05.2012. Personnel Service Hands him under the painting notification (see below), which Elders I.P. Must sign, 03/01/2012 (not less than two months before the date of dismissal). At the same time, the Vacancy of the Web designer has a vacancy in LLC, and it has been proposed by Startsev I.P.

Notification
about the upcoming dismissal due to the reduction of employees of the organization

Dear Ivan Petrovich! In connection with the implementation of measures to reduce employees, the position of "Web Application Developer" with May 2, 2012 will be reduced.
According to Part 1 of Article 180 of the Labor Code of the Russian Federation, you are proposed next job (vacant position) in LLC Active, corresponding to your qualifications: Web designer.
In accordance with Part 1 of Article 178 of the Labor Code of the Russian Federation, you will be paid a day off guide in the amount of your average monthly earnings, and the average earnings will be preserved for you for the period of employment, but not over two months from the date of dismissal (out of the output allowance).
Foundation: Order of March 1, 2012 No. 12.
Director Olkhin I.D. Olkhin
With the notification acquainted
Startsev I.P. Elders 01.03.2012

Offer vacancies
Employees need to offer vacant posts from the employer at that time which they can be translated 6. Make it need not once with the notification of dismissal, but a few. Employees subject to reduction must be offered every vacancy that appeared in the company during the notice period. Based on the practice and position of the courts, we recommend that you to inform employees on vacancies three times: together with the notice, a month after familiarization with the notice and the day preceding the last working day.
We draw attention to the fact that it is necessary to offer not only a vacant position or work, relevant to the qualifications of the employee, but also a vacant subordinate position or the lower job. At the same time, the employer is obliged to offer an employee who meets this vacancy claims that he has in this area. Offer vacancies in other locations, the employer is obliged only if this is directly provided for by a collective or employment contract.
If the employer conducts a reduction in the number or state, it should not post ads for the search for candidates for such posts. We also recommend not to enter back to the staffing position for at least six months after the reduction procedure is completed. In other cases, workers have a chance to successfully challenge dismissal and recover at work, proving that the actual reduction in the number or staff did not happen.

Notification of employment service
The employer is obliged to report on the reduction of the number or staff in the employment service 7. Make it needed in writing no later than two months before the dismissal of employees. If the decision to reduce the number or staff of employees can lead to massive dismissal - no later than three months before the start of relevant activities. In contact with employment authorities, the position, profession, specialty and qualification requirements for them, the wage conditions of each particular employee are indicated. The criteria of mass dismissal are determined in industry and (or) territorial agreements.
At the final stage, the procedure for reducing the number or staff must be paid compensation to dismissed employees who did not agree to vacancies and will not work in the company in other positions. Employees need to pay an existence on the size of the average monthly earnings and maintain average earnings for the time until the dismissed jobs (but not longer than two months from the date of dismissal) 8. It is also necessary to publish orders for termination of employment contracts in form No. T-8 9 and make entries into workbooks of dismissed employees. The record will look like this: "dismissed due to the reduction in the number of employees of the organization, paragraph 2 of Part 1 of Article 81 of the Labor Code of the Russian Federation."

We are preparing documents for the court

Reduced regular unit should actually take place. This fact is confirmed by the submission of a staffing schedule to the reduction procedure and after its completion (after the reduction there must be a new schedule approved by order). Judicial practice comes from the fact that the right to determine the number and staff of workers belongs to the employer. Despite the fact that the employer is not obliged to prove the validity of the decision to reduce the state, it is recommended to prepare a feasibility study. The presence of such a document will strengthen the position of the employer in court and refute the arguments of the employee that the reduction was contrived. Often, employees bring printed ads to court that during the country's reduction period the company was looking for employees to reduced positions. Such evidence may indirectly confirm the unreasonableness of the reduction procedure, therefore I recommend to refrain from publishing vacancies to reduced posts before dismissing the employee and in the next 2-3 months.

On the TC, the company has the right to reduce employees if there are good reasons and causes. The procedure should be carried out taking into account numerous requirements and rules, since otherwise employers can be held responsible for violations. Reducing staff of workers under the TK RF may be standard or mass. To implement the procedure, you should notify employees in advance, and also inform about the planned event of the Employment Center and the trade union.

Legislative regulation

Dismissal to reduce the staff of employees under the Labor Code of the Russian Federation is used quite often by different companies. In implementing this procedure, companies should focus on the provisions of the following legislative acts:

art. 81 TC suggests that the basis for the procedure is the reduction of the state, conducted officially in the company;
h. 3 tbsp. 81 contains information about what the procedure for reducing employees at work, as well as what mandatory actions should be carried out by the employer;
in art. 82 TCs are given features of the accounting of the union regarding this procedure;
art. 178 - Art. 180 TCs are designed to transfer guarantees and compensations designed to be reduced in the company to specialists.

The management of firms should clearly follow the requirements of the above regulatory acts in order not to violate the legislation. Otherwise, different penalties may be applied to them in the framework of the TC and COAP, and often the Criminal Code.

Types of abbreviation

Reducing the number or staff of employees under the TK RF can only be carried out by employers if there are weighty grounds. At the same time, significant and numerous amendments are made to the staff schedule. Based on such adjustments, experts are dismissed, whose positions fell under the reduction. It is important not to confuse two different concepts represented by a reduction in the number or staff of employees. TC RF, clearly distinguishes these concepts:

the reduction in the number assumes that, according to the results of the standard schedule, the number of full-time units is reduced in relation to one position, for example, the organization has worked four installers, and after change there are only two specialists in this position;
the staff reduction assumes that the structural units are removed from the organization or at all, therefore all installers are completely reduced in the firm.

Although the two above procedures are different, their implementation is carried out by a similar scenario.

Grounds for the procedure

All employers should understand the procedure and rules for reducing employees under the TC RF. Therefore, it should be initially valid for the use of this process. These include:

the economic crisis in the company, which leads to the fact that the company cannot further contain a large number of staff workers;
changing the activities, so certain specialists cease to be necessary for the work of the enterprise;
amendments to tax legislation;
reorganization of the enterprise;
the change in the owner, which makes the decision to carry out activities in another sphere.

Regardless of the reason, it is important to competently arrange such a decision, as well as to take into account the opinion of the trade union and the employment inspection. There are certain situations in which the abbreviation can be considered illegal, therefore employees dismissed from the company may apply to the court to obtain compensation or attracting the head of the enterprise to justice.

How is the order compiled?

Employers should be aware of how to make a reduction in the staff of employees under the TC RF. For this, executives are performed by the heads of companies:

the appropriate decision is initially taken, so if there are several founders of the enterprise, the general meeting is held, where the voting is carried out and the protocol is formed;
based on the decision taken, an order is published containing data on the need to reduce specific employees or posts;
the documentation necessarily indicates how time the procedure will be performed;
appointed persons responsible for the implementation of the process;
if a massive reduction is implemented, it is additionally required to create a special commission that will be engaged in all issues related to this procedure.

Reducing staff of employees under the TC RF is considered a rather complicated and long-term process, during the implementation of which numerous rules must be followed. If they are broken, it will be the basis for attracting company officials to justice.

Procedure for organizing the process

The procedure for reducing the staff of employees under the TK RF is performed in the correct sequence of actions:

as soon as it is decided by the heads of enterprises, the corresponding order is issued;
the person's responsible person determines who is not allowed to be reduced, and who will have to be dismissed;
persons who have a preferential right to remain in the company are listed in Art. 170 TC;
all persons who do not have this right are to be dismissed by reducing;
written notified employees about the upcoming event;
they are invited to take another position in the organization on the basis of Art. 81 TC;
such a position may correspond to the qualifications of a specialist or be the downstream, therefore it is allowed that the payment on it was less than by previously occupied position;
upon proposal, the post is taken into account that the employee should not have medical contraindications;
employees are notified to reduce two months before the event, and for this, a written document is used, signed by all selected professionals listed in the order;
if an employee refuses to sign a notice, an appropriate act is formed by the responsible person of the enterprise;
if you do not want employees to occupy any other positions in the company, they are reduced to the designated period, for which they are listed by the fulfillment of payments and the day off;
on the day of dismissal, a workbook is provided with a specialist, which indicates its reduction, and the 2-NDFL certificate is transferred, containing information on the income of a citizen in the past two years.

Within two months, employees can search for a new job for employment. If they find work to direct dismissal, they can get a calculation in advance.

The rules for reducing the staff of employees under the TK RF take into account that the period of 2 months is established only for permanent workers, and it decreases to two weeks. If a specialist in the company works at all for less than two months, then it is possible to notify him about the reduction in three days before the process.

Nuances notice of employees

A prerequisite for competent reduction of employees under the TC RF is the right and timely notification of specialists about the planned event. The main nuances of this process refers:

notification is formed in writing;
it should include all employees who will be reduced;
familiarize employees with the document should be two months before reduction;
it is allowed to reduce this period only under the condition where the employee himself wishes early to terminate relations with the employer, but at the same time all guarantees and payments are preserved.

If experts are not notified on the time being notified, they can dispute such a decision through the court. In addition, they may submit a complaint to the labor inspection, which will lead to the involvement of the management of the enterprise to justice.

Do I need to notify the trade union?

Based on the provisions of Art. 82 TC, the trade union should be involved in all matters related to the reduction of employees under the TC RF. Therefore, the leaders of enterprises takes into account the following nuances:

after a relevant decision to reduce specialists is adopted, it is necessary to inform the trade union in two months before this time;
if the mass dismissal of specialists is planned at all, the notice is transferred three months before the dismissal of employees;
mandatory enterprise management should take into account the motivated opinion of the trade union, therefore, it is considered by this body and order within 7 days;
after that, a response is provided that can be positive or negative;
consent to the reduction is valid only one month, but if necessary, it can be reused;
if a specialist is reduced, which is the head of the trade union, then to obtain a motivated opinion, a notice should be sent to the superior organization.

If the employer does not comply with these requirements, this may be the basis for the restoration of dismissed workers in office.

What are payments appointed?

Be sure to pay employee to reduce staff. The Labor Code of the Russian Federation contains data on how the amount is calculated correctly, which must be transferred to the reduced specialists. The main rules of the process refers:

funds are correctly calculated and paid by the employee directly on the day of dismissal;
it is allowed to transfer this time exclusively in a situation if the amount of payment through the court is challenged;
the amount of benefits depends on different factors.

Often, workers face that the employer asks them to quit themselves at his own request, but in this case experts on the weekend can not be expelled. Therefore, it is important to accurately follow the requirements of the TC. When reducing the staff of employees under the Labor Code of the Russian Federation, payments for the northerners will be significant due to their high salary. Therefore, in the interests of the specialists themselves insist on the proper declaration.

When calculating the TK of the Russian Federation, payments to the staff reduction worker takes into account different points:

whether a citizen has a permanent or temporary worker;
what is the size of his salary, and for this it is important to calculate its average income in the company in two years of work;
the number is issued for this period of hospital;
considered service trips and unused vacation.

The accountant is calculated by the company's accountant, but each specialist can independently check the correctness of determining the output benefit.

When are payments listed?

Each employer must correctly decide the reduction of employees. Articles of the TK RF 178-180 contain data on the rules for determining the output benefit. All funds must be listed by specialists on the last day of their work. It is at this moment that a cash settlement is carried out with the dismissed employees. With a standard or massive reduction in the staff of employees under the Labor Code of the Russian Federation, it is required to transfer the following payments to employees:

output allowance, equal to the average earnings of a citizen in the company for the month of work;
the size of the average income in a twofold or threefold size, and the main purpose of the funds of the tools is the opportunity to find a highly paid and good job for a citizen, while having a means of life;
additional compensation equal to two-time size of the average monthly salary of a specialist;
compensation for vacation;
payments on sick leave;
traveling for office travelers;
salary for actually spent days in the company for the last month.

If the calculation is conducted for temporary workers, then for them in the calculation process takes into account income in two weeks.

What guarantees and rights do employees have during reduction?

According to the Labor Code of the Russian Federation, the reduction in the number or staff of employees is complex and long-term processes that require compliance with certain requirements and alerts of government agencies. At the same time, certain rights and guarantees arise from workers who are dismissed from the organization. Their main purpose is the opportunity to mitigate the effects of loss of work for workers and adapt to new conditions.

If the staff of the employees under the TK RF is prevented early, employees can be calculated for additional guarantees, and at the same time they receive the same payments as under standard reduction.

The main rights of workers belongs:

be sure to employ the experts to take other vacancies in the company if there are free positions in the enterprise, corresponding to the skills and qualifications of employees;
if the company has branches in other regions, then work can be proposed in such divisions;
based on a written statement, the employee can decline early, at the same time, at the same time, the average monthly earnings and the output allowance;
the employer is obliged to notify the employment center about the planned reduction in three or two months before the direct process, which allows citizens to more quickly find an optimal place for employment.

Employees themselves should be well in dealing with the rules and features of the reduction, as this will allow them to defend their own interests. If according to any article by the Labor Code of the Russian Federation, the staff of employees is carried out with violations, then employees of the enterprise can write a complaint to the employment inspection, on the basis of which the company will be brought to justice.

Who can't cut?

There are certain employees who will not be able to reduce, as they relate to vulnerable categories of the population. Who can not cut? Reducing the staff of employees under the Labor Code of the Russian Federation cannot concern all persons listed in Art. 261 TC. These include experts:

women bringing up children with disabilities alone;
single parents engaged in the education of children who have not yet turned 14;
women who have children up to three years;
parents who are the only bodies of a minor disabled person;
pregnant women.

The above citizens cannot be reduced under any circumstances. If this requirement is violated, the head of the company not only pays significant fines, but can also be prosecuted. Therefore, it is important to understand how the staff of the employees under the TC of the Russian Federation cannot be reduced, and what actions should be carried out by the employer to take into account all the requirements of the legislation.

When will you fail to dismiss the employee?

Additionally, the reduction is not allowed to dismiss specialists under the following conditions:

a notification has not been transferred to the employee, therefore, if they dismiss a person under such conditions, it may apply to the court to recognize the employer's actions illegal;
the specialist agrees to translate to another free position in the company.

When offering free vacancies, qualifications, state of health and employee experience takes into account.

Who has the right to stay in the company?

Some employees have a preferential right to stay to work in the company while reducing. All such specialists are listed in Art. 179 TC. Therefore, preference is given to the following employees:

citizens who are dependent on a dependency;
employees who have received injury or occupational disease during the work;
war disabled people;
employees who improve qualifications without separation from labor activity, and the initiator of this process should be an employer.

In the process of drawing up and signing a collective agreement, the head of the enterprise may provide for other employees the presence of a predominant right to maintain the workplace while reducing the state.

When is the reduction recognized by illegal?

Employers should take into account all the requirements of the legislation, and otherwise, by decision of the Labor Inspectorate or the Court, the abbreviation can be recognized as illegal. Employees must ensure that their rights are respected. Therefore, the reduction will be unlawful under the following conditions:

no other work in the company was not offered to employees;
the head of the enterprise insists that employees write a statement about dismissal at their own accord;
the reduction notification was not transferred to those skilled in the art;
fixed workers who are on vacation or hospital;
lack of an order containing data on the reduction of employees;
on the last day of work, specialists are not made with them all the necessary calculations.

Under such conditions, employees may apply to the labor inspection. The company and its officials will be involved in administrative responsibility. Additionally, experts can file a lawsuit in court to recover from the former employer inflicted moral damage or to challenge the reduction.

How is the employment center notice?

The head of the company should not only competently notify employees about the reduction, but also report this information to the Employment Center. This includes a written message containing information:

the names of all employees reduced in the enterprise;
posts occupied by these specialists;
their qualifications and work experience;
the size of the average earnings.

If employees are massively dismissed, the notification is sent for three months before the event. For II, a shorter time is set, so entrepreneurs may notify the employment center 2 weeks before reducing employees.

Additionally, a trade union should be notified if it is in the company.

Conclusion

The reduction of the state or employees is a complex procedure affecting many people and structures. The process should be performed only in the correct sequence of actions and taking into account the requirements of the legislation. Employer violations may be the basis for bringing it to justice.

It is important to notify in advance about the reduction of the employees themselves, the employment center and the trade union. It takes into account the motivational opinion of state organizations regarding the procedure applied. Under certain conditions, the abbreviation can be recognized as illegal.

Frequently often Russian employers are trying to reduce costs in their company or just get rid of disagreeable employees, not too related their actions with the legislation of the country. The dismissal of the situation is not too profitable for the company's management financial plan, so often the employee is trying to eliminate any other article.

Legitimate and illegal reduction

Legal grounds for reducing employees are written in detail in the Labor Code of the Russian Federation (paragraph 2 of Art. 81 of the Labor Code of the Russian Federation). For the employer, this is: reducing the number of employees or staff of employees (that is, a decrease in the number of personnel or the exclusion of certain posts), as well as the liquidation of the organization, termination of activities.

A certain difficulty is to find a line between legitimate and unlawful dismissals, since the Employer defines the necessary staff of employees. In addition, he is not obliged to provide an rationale for the reduction decision: the most important thing is to observe some formalities. It is the correct compliance with the procedure that often the main indicator of the legality of the dismissal.

Dismissal procedure in accordance with labor legislation

On the reduction of the state (or the number of employees) must be written, under the painting, notify the employee at least in less than two full months before dismissal. According to 3 parts of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to offer the dismissal all vacant positions in the organization, which the employee can fulfill its experience and qualifications, respectively.

Financial settlement with an employee who fell under the reduction implies the payment of three salaries. The first and second salaries worker receives for those two months, which he is finalized after a message about the preparing reduction. The third issue him on the day of dismissal, as a day off (and, if in the work / collective agreement, the size of the exitual benefit is increased, the employer is obliged to pay the specified amount).

If the employee agrees to terminate the employment contract early, it is still paid compensation, the proportional time that remains before the expiration of two months from the moment of the warning.

In addition, if a dismissed employee cannot find a job, for the second and third month of unemployment, the employer is obliged to pay him two more salary (but only if immediately after dismissal, the worker registered in the employment service).

In order not to lose such privileges, you should not go on the employer if he needs to sign dismissal at different pretexts: in case of conflict, the court will be on your side.

Reduction is one of the most frequent reasons why people lose work. And, unfortunately, almost no worker is insured against such an event, even if he loves his activities and perfectly fulfills his duties. However, the reduction in work is not always carried out in accordance with the existing rules and laws. After all, reducing employees, the employer must pay them compensation. This is fraught with solid costs. But this does not mean that people who are left without work should suffer from the desire of the higher savings.

Let's figure it out, what is the order of cutting at work and is it possible to avoid dismissal. And what to do if it all happened.

Rules reduction from work

The reduction rules from work imply the following steps from the employer:

the publication of an order containing changes in a staffing and date of commencement of measures to reduce;
written alert of employees who have fallen under the reduction (at least 2 months before the date of dismissal);
proposal to employees of alternative vacancies (if any).

It should be noted that the reduction rules require a personal written notification of each dismissed employee with the transfer of the reasons why the company is forced to abandon the services of this employee (for example, the liquidation of the organization). Each employee must put a signature under the notice. This procedure cannot be performed in orally - the signature is required.

If there is no liquidation of the company, the leadership is obliged to offer workers who have fallen under the reduction, alternative vacancies. Of course, if they are available. If there are no free vacancies that appropriate the experience and skills of the employee, it can offer a place with a lower salary or a position requiring lower qualifications. However, to translate an employee to another can only with his written consent (that is, it is not obliged to agree on less favorable conditions). Guide is obliged to offer an employee of new vacancies (if such appear) to its very dismissal.

Terms of reduction from work imply payments to the dismissal:

the worker receives a day off (one average monthly salary);
while the former employee is looking for job search while reducing the state and did not find it in two months, he may claim another average monthly salary;

Working on his office for two months before the date of dismissal, the person continues to receive a salary. If the worker agrees to quit before the appointed period (this desire should be displayed in a written document, not orally), then it is supposed to be another compensation. It is paid by the average monthly salary according to the number of time remaining indispensable.

It should be borne in mind that some employers who do not want to carry additional expenses persuade employees to quit on their own request, convincing that there is no difference. However, it is also significant. In this case, you do not receive compensation. Therefore, you must be dismissed according to the relevant article of the Labor Code (81 of the Labor Code of the Russian Federation, the item is second).

How to avoid cuts at work? First, choosing from two employees, leave more qualified. Secondly, if people are in equal terms (they have the same qualifications and labor productivity), pay attention to other indicators. Thus, the preemptive right is given the following factors:

increased by an employee of qualifications on behalf of the employer without separation from labor activity;
the presence of dependents (at least two);
man is the only breadwinner in the family (other members of the family are unemployed);
disability obtained due to participation in hostilities aimed at protecting the Motherland, or the Great Patriotic War;
the presence of occupational diseases / injuries acquired during the work activity in this company.

Avoid reducing from work is able (that is, to dismiss such people do not have the right):

pregnant;
single mother, single fathers, having a child under 14 (and under 18, if he is disabled) years, as well as guardians of children of the specified age;
moms of children who have not reached a three-year-old age;
people who have temporary disability and in hospital.

How to survive reduction at work

Reducing at work is often the cause of a person to be dismissal. And although he perfectly understands that his faults in what happened, and that everything happens not because of his mistakes and misses, it's still difficult to accept this event. Work after a reduction notice can stop bringing joy, although before you loved what you are doing. With horror, you are waiting for the moment of dismissal and you can not imagine - what's next? How to survive cuts at work and regain faith in your strength?

Oddly enough, dismissal is a lot of new features. Just a person immersed in the experience, this does not notice. Especially if after dismissal can not in the specialty. But instead of blessing to sad thoughts, you can go to get an additional education or do, discover new parties and talents, turn your hobby into a source of earnings ...

Of course, there is little cheerful in dismissal. However, the main thing is to understand that this is just a stage. Today there is no work and money, but tomorrow everything can change. Maybe if you stop sorry yourself and begin to act. Do not know where to start? Start with what attracts you, but what have you had no time before. Even if it is sports, which, it would seem, cannot help in finding work. But they contribute to a good mood, self-confidence and their strength. This is what is necessary in order to want to fully live again. The main thing is not to inactivate!