Who can not be cut. Reduction of an employee - procedure and rules for layoffs
In the life of any enterprise, a situation may arise when you have to cut costs. Optimization is carried out for all cost items, including personnel costs. When the question of staff reduction comes up, you need to be careful: there are a number of categories of employees that cannot be laid off.
The prohibition to dismiss by reduction and the preemptive right to stay: what is the difference
- minors;
- located in next vacation or on sick leave;
- women in maternity leave;
- women with children under 3 years old;
- having a child under the age of 14 in the care of a child who is being raised without a mother;
- single mothers with children under 14 years old.
IMPORTANT! The reduction of a minor must be coordinated with the labor inspectorate. If single mothers or guardians are raising a disabled child, then they are not subject to dismissal due to staff reductions until he turns 18.
How is the selection of workers falling for layoffs: priorities for layoffs
First of all, the employer must exclude from the number of applicants for redundancy those categories of workers whom the Labor Code of the Russian Federation prohibits dismissal. Next, you need to pay attention to the level of qualifications of employees. Priority will be given to:
- having higher education documented;
- undergoing advanced training during the reduction;
- those whose performance results can be confirmed by extracts from payroll statements on the accrual of bonuses based on performance;
- having leadership characteristics;
- obtained high results during certification.
In addition to the above, computer skills at a high level, good knowledge foreign languages, personal qualities of employees (for example, punctuality, stress resistance, etc.).
Employees with benefits
If the qualifications and performance indicators of a number of employees are at the same level, then the priority should be given to:
- having two or more children;
- have disabled dependent;
- sole breadwinners;
- disabled combatants;
- those who are currently improving their qualifications on the job;
- injured while working for this company.
Some enterprises enter into collective agreements with their employees. They may also contain conditions that the company must adhere to when reducing. The list of employees with benefits can be broader.
Do minors have privileges when reducing staff
The rights of minors are protected by Chapter 42 of the Labor Code of the Russian Federation. In particular, article 269 states that in order to lay off such an employee, coordination with the Labor Inspectorate and the Commission on Minors' Affairs is necessary.
As practice shows, the answer from these authorities is usually negative. The company has to look for another candidate for dismissal for this reason.
Exceptional cases
Articles 81 and 178 of the Labor Code of the Russian Federation state that upon dismissal due to redundancy, the organization is obliged to keep the average monthly earnings for this employee, but for no more than two months from the date of termination employment contract.
There may be exceptional cases where the payment will be made for the third month as well.
These are situations when a laid-off worker applied to employment agencies within two weeks, but was not employed by them within two months. It is up to the employment office to decide whether the case is exceptional. Based on this document, the organization continues to pay.
What to do in case of violation of employee rights
If an employee who has been laid off considers the actions of the employer to be illegal and violate his rights, then he must send a complaint to the management. It is quite possible that the conflict will be settled on this.
When such an appeal did not bring results (the employer did not fully comply with the requirements or completely ignored the complaint), then you should contact the Trade Union Organization (if there is one at the enterprise) or the Labor Inspectorate.
In case of non-compliance with the provisions of the law, the employee has the right to go to court to appeal against the actions of the employer. Organizations and entrepreneurs who violate the law for the first time will be brought to disciplinary or administrative responsibility. They will be obliged to reinstate an employee in case of illegal dismissal.
The situation on the labor market is getting more complicated: the number of those left without work is gradually growing, approaching a million. To cut staff costs, remove "extra" workers, employers use a simple trick: they announce a change staffing table.
Reduction of staff or the number of employees is a legitimate reason for termination of an employment contract at the initiative of the employer, explained to RG-Nedele in Rostrud. It is provided for by paragraph 2 of the first part of Art. 81 of the Labor Code of the Russian Federation. If an employee falls under this "sword of Damocles", as a rule, there is nothing to oppose to the authorities. And yet, for some categories of workers, the Labor Code provides for increased protection measures. Which ones are explained by the experts of Rostrud.
Who shouldn't be "cut"?
Termination of an employment contract is not allowed:
- if the employee has a child under three years old;
- if an employee single-handedly brings up a child up to 14 years old, and if the child has a disability, then the age increases to 18 years;
- if the employee has a large family (three or more young children), incl. a child under three years old or a disabled child, and the other parent does not work.
In addition, workers who are members of a trade union can be dismissed only by agreement with the primary trade union organization (part two of Article 82 of the Labor Code of the Russian Federation).
Important: it is not allowed to dismiss an employee due to redundancy during his illness or vacation.
How are employees selected for layoffs?
The law requires that when a layoff is made, the employer retains workers with higher qualifications and higher labor productivity (part one of article 179 of the Labor Code). In fact, of course, this does not always happen. But, at least, this requirement, enshrined in the Labor Code, can serve as a basis for an employee to defend his rights in court. If, of course, he can prove that he works better and with greater productivity than those who remained on the staff.
If you have to choose between employees with approximately the same professional qualities, the employer must give preference to:
- family with at least two dependents (for example, two small children or one child and a disabled spouse);
- employees - the only breadwinner in the family;
- employees with disabilities, if an occupational disease or injury that led to disability happened at this enterprise;
- disabled combatants;
- to employees aimed at on-the-job training.
How does the contraction take place?
The employee is warned about dismissal two months in advance, against signature. If he agrees, the employment contract can be terminated earlier, while the employee receives additional compensation in the amount of the average salary for the "unworked" days.
Important: layoffs on staff reduction are allowed only if it is impossible to transfer the employee with his written consent to another vacant position or job (both corresponding to the qualifications of the employee, and a lower position or lower-paid job), which the employee can perform taking into account his state of health ... The employee must be offered all available vacancies.
What does the "laid-off" employee get?
- severance pay in the amount of the average monthly salary;
- the average salary is retained for the period of employment, but for no more than two months from the date of dismissal.
It is important to know: if an employee contacts the employment service immediately after dismissal (no more than two weeks from the date of termination of the employment contract), and they could not find a new job, then the average salary can be saved for him for another (third) month.
How to get paid for the second and third months?
The dismissed employee must present the work book to the employer to confirm that he did not get a job, as well as his passport. To receive money for the third month, you must also submit a decision of the employment service authority.
When is the money paid?
All money owed to the employee is paid to him on the day of dismissal. On the same day he is issued and employment history.
Important: if the employee and the employer cannot agree on the amount of payments, in the event of such a dispute, the employee is paid an uncontested part of the amount.
How to go to court if there is a conflict?
This can be done within three months from the day when the employee's rights were violated. For disputes about dismissal - a period of one month from the day when the employee received the order to dismiss or the work book (part one of article 392 of the Labor Code of the Russian Federation). The court can accept the statement of claim later. You just need to present documents confirming that the delay was due to a valid reason, for example, due to illness.
The legislation of the Russian Federation protects the rights of citizens who are socially unprotected. This concerns not only the payment of various benefits, the provision of benefits, but even the protection of their interests in the event of a reduction or mass dismissal. So, there is a list of categories of employees who are not subject to dismissal.
Who can't be fired?
Based on articles of the Labor Code of the Russian Federation 256 (parts 4) and 261, first of all, categories of citizens protected from dismissal include:
- pregnant women, regardless of the gestational age;
- women raising a child under 3 years old;
- single mothers raising a child under the age of 14;
- single mothers raising a disabled child;
- employees with three or more young children, provided that the second spouse does not work.
Employees who are members of a trade union can be dismissed only after agreement with the primary organization, in accordance with Article 83 of the Labor Code of the Russian Federation, Part 2. It is forbidden to dismiss an employee on redundancy if he is on vacation or on sick leave.
Please note that the restrictions apply only to the case when the organization is downsized or a department is eliminated. If there is a complete liquidation of the enterprise, these categories of citizens will also be dismissed.
Employees with benefits
There is another list of categories of citizens who do not have the right to dismissal, or rather, refer to the list of workers who should be left in their jobs, if any. The list of citizens is fixed in article 179 of the Labor Code of the Russian Federation.
These include:
- Employees with the highest labor productivity, that is, those employees who specified terms do more work High Quality than others.
- Employees with more high level qualifications. To confirm this, the employee can provide:
- certificate of completion of refresher courses;
- the results of the attestation carried out earlier;
- characteristics of the bosses;
- absence of mistakes and shortcomings in work;
- receiving prizes and incentives.
- Additional skills:
- PC ownership;
- Knowledge of foreign languages.
If several employees have equal qualifications and labor productivity, then preference should be given to:
- People who are married and have two or more dependents.
- Married people, provided that the other spouse is unemployed.
- Employees who are injured or have an occupational disease at the enterprise.
- People with disabilities of the Second World War or military operations, injured while performing their military duty.
- Employees undergoing on-the-job training in the direction of the employer.
Please also note that this list is relevant only for the position that the person held prior to dismissal. For example, if the employer decided to liquidate the statistics department, then the specialists working in it can apply for the position of the secretary on an equal footing - regardless of productivity and qualifications.
Do minors have privileges in layoffs?
The rights of persons under 18 years of age are protected by law. Thus, according to the provisions of article 269 of the Labor Code, employers are prohibited from dismissing minors without the consent of state bodies. Therefore, initially, the employer must contact the inspectorate to obtain permission to dismiss such an employee. As a rule, based on the protection of children's rights, the authorities give a negative answer to such a request, recommending the reduction of another applicant.
What to do in case of violation of the employee's rights?
If the employee's rights are violated, he can go to court. In cases of dismissal, disputes take about a month from the day the employee was issued a dismissal order or work book. It should be noted that if, within one month from the date of dismissal, it was not possible to go to court for a valid reason, for example, due to illness, the case will still be considered.
Video: Who is forbidden to cut?
You will learn in more detail about the categories of citizens who have privileges for redundancy in the video, in which an expert on labor and HR administration will also tell you what to do to the employee if at the time of the layoff he was on vacation:
Staff reduction
The employee is one of the most volatile elements of processes. modern business... Fluctuations in currencies, a decrease in the liquidity of goods, re-equipment of production, modernization of processes - all this can cause the employee to be laid off.
What to do, who can be cut and who can not, what to do if you are cut and whether your cut is legal - let's figure it out in this article.
Who shouldn't be fired due to staff reductions?
According to article 261 of the Labor Code of the Russian Federation, the following are not subject to reduction:
The staff of any enterprise has employees who cannot be laid off
Requirement for dismissal due to staff reduction
Downsizing is a kind of system for the dismissal of full-time employees.
Downsizing is a rather complicated and time-consuming procedure. If the employer has departed from it at least in one point, it is logical to protest this process by going to court. However, as practice shows, appeals work most effectively if they are drawn up and submitted to the court by a competent lawyer who knows the Labor Code thoroughly.
Read also: 2019 salary reports
We employ just such professional lawyers, thanks to whom you can easily win any case of illegal dismissal.
Dismissal due to staff reductions in 2017
According to the Ministry of Labor, in 2016, the number of jobs was significantly reduced at enterprises that are associated with industry. As a consequence, the number of unemployed has increased.
Changes have taken place in the Labor Code of the Russian Federation - the priority in hiring is now given to Russians in comparison with labor migrants from the countries of the Near Abroad.
In our article today, we will look at who may be affected by the layoff, who cannot be laid off, and also find out what compensation is for layoffs due to layoffs in 2017.
Downsizing 2017: Who May It Affect?
In 2017, funding cuts are envisaged for budgetary organizations, which means that public sector employees may be at risk. These include:
- teachers;
- librarians;
- FSIN employees;
- Mosgostrans employees;
- workers in the field of telecommunications.
In addition to the groups listed above, layoffs due to staff reductions in 2017 may affect:
- office workers;
- builders;
- pensioners and other categories of citizens.
A difficult situation has developed in the domestic auto industry and the banking sector. The VAZ management made a statement about the possible reduction in the number of its employees.
Note that a rather difficult situation with labor activity is observed not only in the constituent entities of the Russian Federation, but also in the capital - in Moscow. It is likely that the unemployment rate this year will be at 6.4%, higher than in 2008.
At the initiative of the employer, according to Art. 81 of the Labor Code of the Russian Federation, it is possible to dismiss an employee to reduce staff in two situations:
1. The employer has the right to terminate the contract if the organization completely ceases to operate in connection with liquidation. In this case, all employees are dismissed, even those who are included in the list of privileged categories that are not subject to reduction.
2. There is a decrease in the number or staff of employees.
Who cannot be legally cut?
Dismissal on reduction of staff must take place in accordance with the norms of the current legislation.
The following categories do not fall under the downsizing:
- workers whose families have no other source of income;
- workers who are injured at the enterprise;
- employees who have two or more dependents;
- employees who are on vacation;
- mothers with children up to three years old;
- single mothers;
- pregnant women;
- employees who have not reached the age of eighteen;
- employees undergoing advanced training;
- temporarily disabled workers;
- invalids of the Second World War.
If the norms of the Labor Code of the Russian Federation are not observed, staff reductions are considered illegal.
The procedure for dismissing employees in case of layoffs
The procedure for dismissing an employee to reduce staff is as follows:
1. Order to terminate the contract labor activity.
2. Preparation of documents.
3. Making settlements with the employee.
The Labor Code describes step by step the mandatory actions of the organization, which decided to reduce the number of employees:
- publication of an order;
- employees receive notice of layoffs no later than two months in advance;
- notification by the organization of the employment center (trade union);
- the procedure for dismissing an employee due to staff reductions.
Please note that in 2017 the order to reduce staff mandatory should contain the timing and date of reduction.
Employees who have been laid off must carefully read the document and put their signature on it. A layoff notice may include a proposal to transfer to a reduced work schedule or other position.
Layoffs on staff reductions - compensation 2017
Upon dismissal due to staff redundancy, the employee is entitled to a severance pay. In addition, in some situations, the organization must provide material support to the employee until he gets another job.
The legislation provides for the procedure for calculating benefits when the number of employees is reduced.
Part one of the Labor Code states that an employee's severance pay cannot be less than the average salary (per month).
The organization is obliged to pay compensation to the dismissed employee for two months before the employment of a former employee of the organization or enterprise.
In order to receive compensation, the employee must register with the Employment Center within two weeks. Compensation is due to those employees who could not find another job within this period.
For workers in the Far North, the rules for obtaining compensation are different. They have the right not to register at the Employment Center for three months and receive compensation. If such workers register with the CPA in a month, then they receive material support from the organization for the next three months.
It should be borne in mind that when paying the average monthly salary, it is necessary to deduct the amount of the severance pay received by the employee upon dismissal.
How is severance pay calculated?
After the issuance of the order by the organization, it is necessary to accrue the monetary amount of the severance pay. In this case, the document must be drawn up very carefully and without errors.
The order must clearly explain the reasons for terminating the employment contract with the employee. It is imperative to indicate the article number of the Labor Code.
Upon dismissal, the employee receives severance pay on the day following the termination of the employment contract.
If there are claims from the employee, he has the right to go to court. That is why it is very important to agree on an amount that would suit both the employee and the organization.
If the employer violates the terms of payment of funds, then he is obliged to pay compensation former employee... For each day of delay, interest is charged (at least / 300 of the rate of the Central Bank of the Russian Federation).
If the employer does not pay the due money, then the former employee has the right to sue him, and in court to declare a claim for additional compensation, in addition to interest for delayed payments:
- compensation for the services of a lawyer.
How do I calculate my severance pay?
Based on part three 139 of the Labor Code, the organization's accounting department calculates the amount of the employee's average earnings.
Thus, to calculate the amount of severance pay, you need the amount wages divide the employee by the number of days that the employee had to work in the organization (based on the salary for the year). The amount received must be multiplied by the number of days that the employee worked in the month that follows the date of dismissal.
In accordance with the norms of the Tax Code of the Russian Federation, severance pay is not subject to personal income tax. The employer is not entitled to make allowances and insurance premiums and payments.
It should be noted that many enterprises and organizations seek to lay off workers for on their own... In such a situation, the former employee will not have to pay compensation.
In addition to the procedure for dismissing employees, the Labor Code of the Russian Federation contains a list of compensation payments upon dismissal due to staff reductions:
1. Receiving salary for the entire month worked.
2. Compensation for unused vacation.
3. Severance pay.
4. Average salary (for the period of cooperation between the employee and the enterprise).
Read also: Synthetic and analytical payroll accounting
Please note that the code prescribes a rule according to which an organization or enterprise can make payments at different times.
Reduction of pensioners
According to statistics, in 2016, more than 38% of citizens of retirement age continued to work. Recall that the retirement age for women is 55 years, and for men - 60 years. Retirees also include people who are disabled or who have lost their breadwinner.
The Labor Code of the Russian Federation (Chapter 27) contains detailed information on the procedure for making payments in case of staff reductions. At the same time, according to the law, there is no difference between an employee and a retired employee. Therefore, very often this category of employees falls under the reduction.
IN last years very often it comes to court when a pensioner challenges the legality of his dismissal from office due to age.
Compensation and settlement upon dismissal due to staff reductions in 2017
If the organization for any good reason ceases its activities or the employer needs to reduce the number of staff, he has the right to dismiss the employee on his own initiative.
In this case, he must strictly comply with the rules and regulations for dismissal. Also, the employer is obliged to pay the employee all financial compensation for redundancy required by law.
In the current difficult crisis of 2017, this topic is more relevant than ever. For both employers and employees who need to know what they and their families can count on if they are not fired on their own initiative.
Provisions of the Labor Code of the Russian Federation on staff reductions for 2017
The law provides for various reasons for the dismissal of employees at the initiative of the employer.
This situation is directly related to only the first two paragraphs of the Labor Code of the Russian Federation, Art. 81.:
- The employer has the right to terminate the contract if the organization completely ceases to operate due to liquidation.
- There is a decrease in the number or staff of employees.
The first paragraph includes all employees, without exception, even from the list of employees with privileges, since the enterprise ceases to exist as a whole.
Learn about the provisions of the Labor Code of the Russian Federation on dismissal due to layoffs from the video.
How to correctly reduce the number of employees and the calculation in 2017
When reducing staff, you need to understand that there is a reduction in the number of staff or positions.
Job cuts are understood as, for example, the dismissal of a manager at an enterprise where an engineer, marketer, manager and salesperson work.
If the organization employs two engineers, three marketers and five salespeople, and after the layoff, only an engineer, a marketer and three salespeople remain, in this situation it comes on the reduction of employees.
At first glance, everything is simple: the law says that the employer has the right to lay off workers, if he needs it, he just needs to choose people or positions.
But in practice, there are many rules that must be followed when reducing staff.
Let's find out more details about them.
Reduction
The reduction procedure itself looks like this:
- The employee is notified by shift notification that he is being laid off.
- A decree on dismissal is issued for the organization.
- On the last working day, the dismissed employee receives a full payment.
Everything is done according to approximately the same principles as for termination of an employment contract for any other reason.
Reason for employee dismissal
Despite difficult times, the owner cannot simply take and lay off his employees on any given day. In order to legally make a reduction, it is necessary to have a normal rationale that will convince the labor commission.
Evidence is needed, for example, that the industry where the layoff is made is extremely unprofitable and the owner has no other choice but to close the position.
Where to begin
To begin with, you can check empty vacancies, it often happens, according to the documents, for example, 4 economists work in the organization, but in fact there are only 2 of them. Maybe you will not have to fire anyone, but this procedure will not add funds either.
If it comes to dismissal, the first thing to start is:
- from employees who are already retired;
- employees with little experience and seniority;
- those who are of less benefit to the organization.
But everything should be tactful and thorough so that the employee has no reason to sue you.
Who shouldn't be fired
Transfer to another position
Before terminating the contract, it is necessary to offer the employee other available vacancies at the enterprise, with any salary and level, even a cleaner. There is no need to provide vacancies with a higher qualification than this employee.
Alert
Two months before the layoff, the employee must be notified in writing of the upcoming event. The employment service and the trade union committee must be notified at the same time.
It is impossible to resolve the issue with one notification for ten employees, each must familiarize himself with the resolution individually, against signature. By the way, the employee does not even need to write a letter of resignation, since the initiative comes from the other side.
Find out about payments to an employee in case of his reduction on our website.
About the dismissal of a serviceman for health reasons in the article. The legal side of the issue, payments and compensation, the procedure for dismissal from the Ministry of Internal Affairs for health reasons.
A sample of the internal labor regulations is here.
What compensations, payments and benefits are due upon dismissal due to staff reductions in 2017
The final working day is the day of reduction, after which the entrepreneur is obliged to make payments of certain compensations:
- vacation compensation for unspent vacation time:
- severance pay;
- any outstanding debts to a former employee.
Average earnings are calculated based on the average salary and the time during which the employee worked in this organization.
According to the Labor Code of the Russian Federation, in case of redundancy, an employee can count on the following payments:
- Severance pay (equal to the monthly salary).
- Compensation for a while until the employee has found new job(time limit).
- Compensation provided for specific situations.
Before an employee gets a new job, he is entitled to receive a monthly salary from the former employer.
Usually the term is limited to two months, there are rarely cases when the term is extended to six months.
If the entrepreneur delays or partially pays compensation, his actions are illegal. Also, if the funds are not credited at all, the former employee can sue the negligent entrepreneur.
And even get additional compensation:
- for causing moral harm;
- interest for late payments;
- compensation for the services of a lawyer and others.
If you are cut, do not panic! You can always find optimal solution and not to become a victim of the "cunning" bosses, who really do not want to pay you severance pay when they leave. Everyone who works needs to know that Labor Code in case of redundancy, the employer is obliged:
1. Notify you of the date at least two months in advance abbreviations by notification... By signing it, you continue to work until the specified date.
2. During the period of your work, up to dismissal, offer available vacancies in the state , appropriate to your qualifications.
3. Pay monetary compensation . In addition to the severance pay, you must be paid compensation for unused vacation.
4. State the reason staff reduction. The order to reduce the number or staff of employees must be issued at least 2 months before the expected start of layoffs. It must clearly indicate the reason for the reduction (part 2 of article 73 of the RF Labor Code, article 180 of the RF Labor Code). The employer is obliged to familiarize employees with the order against signature. If the authorities do not give an explanation for the dismissal, the court may recognize the dismissal as illegal.
The employer can dismiss an employee with his written consent and without warning 2 months in advance, but with the simultaneous payment of compensation in the amount of two months' average earnings.
Who are not entitled to lay off?
The employer does not have the right to fire an employee who is on sick leave, regular or maternity leave.
By law, they cannot be dismissed:
Pregnant women (except in cases of liquidation of the organization);
-women with children under the age of 3;
- single mothers raising a child under the age of 14 (or a disabled child under 18);
- other persons raising children of this age without a mother (Article 261 of the Labor Code of the Russian Federation).
Who enjoys the preferential right to keep their jobs when they are laid off?
The preferential right to preserve the workplace is enjoyed by: persons with higher labor productivity and qualifications (documented). With equal labor productivity and qualifications, preference is given to:
- family employees (if there are 2 or more dependents);
- persons in whose family there are no other workers with independent earnings;
- employees who have received a work injury or an occupational disease in this organization;
- disabled people of the Great Patriotic War;
- disabled people fighting to defend the Fatherland;
- employees who improve their qualifications in the direction of the employer on the job.
A dependent is considered by law:
1. Children, brothers, sisters and grandchildren: - under 18 years of age; - full-time students in educational institutions of all types and types, with the exception of institutions additional education but not older than 23 years; - those who have become disabled before the age of 18 and have limited ability to work; - recognized as disabled in the absence of able-bodied parents.
2. One of the parents, spouse, grandfather or grandmother, regardless of age, brother, sister, child who have reached the age of 18, if they do not work, but are busy looking after children, brothers, sisters, grandchildren under 14 years of age.
3. Parents and spouse, if they have reached the age of 55 (for women) or 60 (for men), or are disabled with disabilities.
4. Grandfather and grandmother who have reached retirement age or are disabled with limited working capacity and the absence of persons obliged by law to contain them (Article 9 of the Law. "On labor pensions in the Russian Federation").
What is the job of a laid-off worker?
The company owes a downsized employee
1. Hand out severance pay in the amount of average monthly earnings;
2. To keep the average monthly earnings for the employee for the subsequent period of employment (but not longer than 2 months and with the offset of the severance pay);
3. If the employment service was unable to find a job for him within 2 weeks after the employee was fired from the enterprise, keep the average monthly earnings for another month. Note: Upon termination of the employment contract, the payment of all amounts is made on the day of dismissal. If the employee did not work on the day of dismissal, he must receive the money the next day. In the event of a dispute over the amount of payments, the employer is obliged to pay the employee an uncontested amount.
4. The work book with the appropriate entries must be handed over on the day of dismissal. The maximum delay permitted by law is no more than three business days. It is possible that, at the request of the dismissed, the work book is sent by registered by post with notification to the address indicated in the employee's application.
Note: At the written request of the employee, the employer is obliged to provide the dismissed with duly certified copies of documents.
It is advisable that you register at the city (district) employment center at the place of permanent residence within two weeks from the date of dismissal, then you can receive the maximum unemployment benefit at the labor exchange is 3080 rubles.
To register with you you need to have:
- the passport;
- work book or documents replacing it;
- a document on education or another, certifying your professional qualifications; - a certificate of average earnings for the last three months last place work.
Check in advance - sometimes the labor exchange requires data not only in the usual form of personal income tax-2!
On the one hand, you can understand an employer who, by all means and strength, is trying to keep his business afloat (including by reducing the number of employees). On the other hand, who will understand the workers themselves? Moreover, in an effort to reduce the cost of wages, employers often commit the most flagrant violations.
Note for pregnant women
According to the direct instructions of the Labor Code of the Russian Federation, pregnant women are among those workers who cannot be laid off (part 1 of article 261 of the Labor Code of the Russian Federation).
Despite the fact that not only according to the Labor Code, but also according to all moral laws, pregnant women have the right to count on the most attentive and careful attitude, a simple oral statement that you are pregnant is a weak guarantee against contraction.
We need documents. On the early dates pregnancy is confirmed by a certificate from the antenatal clinic or from another medical organization that has registered the woman (clause 22 of the order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n).
A single form of such a certificate has not been established, and, as a rule, antenatal clinics and medical institutions issue just a written certificate, which contains the necessary details - the name of the consultation, full name and position of the doctor who issued it, signatures, seals and stamps.
At later stages of pregnancy (more than 30 weeks, and with multiple pregnancies - 28 weeks), the employee's pregnancy is confirmed by a certificate of incapacity for work (clause 46 of the Procedure for issuing certificates of incapacity for work, approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011, No. 624n).
A certificate of incapacity for work for pregnancy and childbirth is issued by an obstetrician-gynecologist, in the absence of one - by a general practitioner (family doctor), and in the absence of a doctor - by a paramedic.
The law does not oblige a woman to notify her employer that she is pregnant. Moreover, for a short period of time, a woman may not know about it at all. And nevertheless, if on the day of dismissal the woman was pregnant (and this fact is confirmed by the relevant documents), then the court recognizes the dismissal as illegal.
Judicial practice does not attach importance to the fact that the employer is aware or not aware of the pregnancy of a woman falling under the reduction: Part 1 of Article 261 of the Labor Code of the Russian Federation contains an unconditional prohibition on the dismissal of a pregnant employee.
By the way, literate employers (and these are the overwhelming minority) include a clause in the reduction notice that if the employee submits a pregnancy document, she will not be fired.
If the worker is a single mother
The Labor Code of the Russian Federation prohibits the layoff of single mothers raising children under the age of 14 (part 4 of article 261 of the Labor Code of the Russian Federation). Therefore, the mother must at least have a document about the age of the child - a copy of the birth certificate. However, for the mother of the child to be considered a single mother, this will not be enough.
The problem is that "single mother" and "single mother" are everyday concepts, and they are absent in the legislation.
The clarifications of the Supreme Court of the Russian Federation fill this gap. In the Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2010 (approved by the resolution of the Presidium of the RF Armed Forces of June 16, 2010) it is stated that:
for a mother to be recognized as lonely, it is necessary that the column "Father" in the birth certificate is not filled in (or information about the child's father was entered according to the mother's words - at the same time, a certificate from the registry office about the grounds for making an entry in the birth certificate is presented);
the mother of the child must not be married. This is confirmed by a copy of the passport.
A divorced woman cannot be considered a single mother, provided that the father of the child is alive, takes part in his maintenance (pays alimony) and is not deprived of parental rights (ruling of the Supreme Court of the Russian Federation dated 09.07.10 No. 81-B10-6).
If a single mother brings up a disabled child, then it cannot be reduced until the child reaches 18 years of age (a certificate of medical and social examination is required).
Having dependents
With equal labor productivity and qualifications, preference in leaving work is given to:
family - if there are two or more dependents (disabled family members who are full content the employee or those receiving assistance from him, which is for them a permanent and main source of livelihood);
persons in whose family there are no other workers with independent earnings;
employees who received a work injury or an occupational disease while working for this employer;
invalids of the Great Patriotic War and invalids of military operations to defend the Fatherland;
employees who improve their qualifications in the direction of the employer on the job (Art. 179 of the Labor Code of the Russian Federation).
A dependent is a disabled family member who is fully supported by the employee or receives assistance from him, which is for him a permanent and main source of livelihood (part 2 of article 179 of the Labor Code of the Russian Federation).
A dependent may be the spouse or spouse of the employee, parents, as well as other relatives (Article 2 of the RF IC).
An employee who has children can also take advantage of the pre-emptive right to remain at work, as children are dependents by law.
but preemptive right employees who have at least two dependent children (Article 179 of the Labor Code of the Russian Federation) have to remain at work. If at the time of the layoff at least one of the employee's children is already 18 years old, then he / she cannot be considered a dependent.
In this case, certified copies of the birth certificates of the children will be required.
If, for example, the employee's spouse is the dependent, then the following may be required:
ITU certificate of disability;
spouse's work book;
a certificate from the employment authorities.
Single father
Workers raising a child without a mother have a certain immunity from layoffs. According to the explanations of the RF Armed Forces (Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the I quarter of 2010, approved by the decree of the Presidium of the RF Armed Forces of 06/16/2010), an employee can be recognized as such regardless of the specific case, as a result of which the mother of the child stopped exercising for him care.
In practice, an employee is considered to be raising a child alone if the mother of the child:
died (declared deceased);
deprived of parental rights;
limited in parental rights (for the period of restriction);
recognized as missing;
recognized as fully incapacitated or partially incapacitated;
is serving a sentence of imprisonment;
is in custody;
is suspected of committing a crime;
shies away from raising a child or protecting his rights;
refuses to take his child from an educational, medical institution;
the mother does not have the opportunity to personally raise and support the child due to her health condition.
Employees raising children with disabilities without the participation of a mother are not subject to dismissal until these children reach the age of 18.
Finally
So, before you go into conflict with the leadership, you need to clearly find out whether you really belong to the "protected" category. You can try for a while to avoid decisive action, declaring your "immunity" orally, but it should be understood that the employer has the right to require supporting documents. This is not only a right - it is also an employer's duty, since the unjustified provision of benefits to one employee may result in a violation of the rights of another employee who has the right to them.
IMPORTANT:
Ideally, before cutting staff, the employer should find out which of his employees cannot be fired on his initiative. And here there is an important point: unfounded statements that you have certain social privileges will not suit anyone. Maybe for some time you can hold out on your word of honor, but in the event of a dispute, which, quite possibly, will be considered in court, you will not be able to prove the illegality of your reduction.
According to the author, a single mother remains so even after marriage - until the new spouse adopts the child. According to the RF IC, spouses are obliged to take care of each other and financially support each other (Article 89), as well as support their minor children (Article 80 of the RF IC). Therefore, the new spouse is not obliged to support the child whose father he is not. To find judicial practice on this issue unfortunately failed.
Employees raising young children cannot be fired until the child turns 14.
Marina ASTAPENKO, Lawyer
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