An example of an order to reduce the regular unit. Order on the reduction of employees

With the reduction of the state to dismiss the employee is not so easy. Personnel has to prepare a whole package of documents, because This is a comprehensive event. The omission of some important stage in it will entail the recognition of the illegal dismissal. The order to reduce the state is the main document in this package.

Reducing the number and reduction of the state - almost different events. When reducing the state, the profession is excluded, the position in the enterprise, and in the reduction of the number of the profession (position) remains, and the number of fulfilling the work of regular units becomes less. Maybe the third option is reduced by the state and at the same time the number. The form of an arbitrary or pattern. In it, the head reports on holding staff activities or changes in the staff schedule. The word "order" is written in the center of the line with capital letters, he is assigned a number. The next line indicates the place and date of the procedure of the order. Next, you should write about the reason for the publication of the order. In the next main part of the order, it is recommended to list the reduced state units, indicating the number, the structural unit to which they relate, and the date the order entry into force.

Next is a description of the entire set of measures about personnel, which are supposed to be held at the enterprise. Be sure to specify who is responsible for making a decision - who exactly (name) will be dismissed. Limit Responsible Persons with a temporary framework. It is very important how legislation requires, to prepare the following documents: notifying employees about the upcoming dismissal, familiarize them as a painting; If there is a job in organizing a vacancy - to offer another position fired; prepare orders for termination of employment contracts; Notify employment services about future dismissal.

The final point of the order is the appointment of the responsible, performing the control of the order (he puts his signature, confirming his awareness). At the end of the order - the signature of the organization's head.

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The entire package of reduction documents is preparing when the scheduled time for the dismissal of regular units has remained at least two months. At the same time, all the released employees need to be informed. Dates of termination of the employment contract and staff reduction coincide. If a regular unit is reduced, an employee cannot fulfill official duties. After the whole complex of full-time events, the order is written about the dismissal of the employee. Its basis is the form of the T-8 - an order to terminate the employment contract (the decision of the State Committee for the Russian Federation of January 05.01.04 No. 1). The order form and the rules for its design can be found in reference and legal systems or on our website in the article ". All major details of the T-8 form are filtering: the number and date of publication of the order, the name of the unit and the position of the dismissed, its name, the details of the terminated employment contract. In paragraph "Foundation", indicate that the reason for the dismissal is "reducing the staff of the organization's employees." Enter all the details of documents related to dismissal in a special column: an order to reduce the state, notification of an employee of an enterprise about him, a written offer to him of the available vacancy (a message about his refusal is attached).

The reduction of states is not easy and very unpleasant for both the employer and employees. Sometimes it comes to the fact that the company has to prove the correctness of all the procedures through the court. That is why it is so important to carefully prepare an order to reduce the state.

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How to make an order to reduce employees

There is no uniform form of an order to reduce the state. Therefore, when you publish such a document, it is possible to make it an arbitrarily, in accordance with the general rules of design.

The order about the reduction of the state differs from the order of the employee's dismissal

It must be remembered that the reduction procedures are two. The first is the reduction of the state, when one or other positions are excluded from the staffing schedule. Here you can not dismiss anyone - just cut free vacancies. The second is a reduction in the number, and here it is necessary to cut the living, reducing regular units of posts. From here it follows that first of all you must decide how the path will go: to reduce only positions or dismiss people.

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Regulations

There are several iron rules that must be observed.

In the upper part of the document, specify the full and abbreviated (if any) the name of the employer, the number, date of the order and the place of its preparation.
In the stating part or in the preamble, it is necessary to write causes or grounds for your actions. For example, if the decision to reduce states is accepted by the Board of Directors - in the order should stand "in connection with the decision of the Board of Directors, decorated by the protocol from" ___ "____ 20__ № ___ ...". Magic formulation "In connection with the conduct of organizational and staff activities ..." will also be an excellent basis to which no court will be held.
At the administrative part of the order, you first specify the number of reduced posts and the number from which they will be excluded from the standard schedule. Then follows the instructions to the employee responsible for the personnel: he must prepare notifications for employees falling under the reduction, prepare a list of vacancies that will be offered to these employees, familiarize them with a painting with the management decision and notify the employment service about the upcoming reduction. Next, in the order, you must define a deadline for the formation of a new staff schedule. And finally, specify the person who will be responsible for the execution of this order (this, by the way, may be the leader himself)
End of the document Trivialien: the position of the head and his signature.

Note!

The order of the enterprise should be published at least two months before the start of the state reduction itself. If this rule is broken - the problems with the prosecutor's office, the labor inspection and other bodies standing on the guard of the interests of citizens are inevitable.

Another mandatory in the reduction of the procedure is to offer an employee any free vacancy that compete for professional competence and medical examinations. At the same time, a position can be lower on the career ladder - this does not prohibit the law. Further is the case of free will: if the offer agreed, you get confirmation of this in writing and make a translation to another position.

Order on the reduction of employees

If you have to reduce the number of employees - the order form will be essentially the same. However, there are many subtleties. Remember that there is a whole list of persons you can't cut under any circumstances - the law protects the rights of pregnant women, lonely mothers and mothers who have disabled children, as well as mothers who have a child under the age of 3 years.

Storage period of orders

The deadlines for the storage of orders to reduce the state created until 2003, in accordance with Article 22.1 of Law No. 125-FZ "On Archive District in the Russian Federation" amount to 75 years, and those created after 2003 - at least 50 years from the date of creation.

Reducing a regular unit causes difficulties not only from newcomers. Find out how to properly hold the procedure and download the sample of the order.

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Reduced Rate Schedule: Procedure

Sometimes, as a result of changes in economic conditions, employers have the need to reduce the staff schedule. That is, remove from the staff or entire units or individual posts, or reduce the number of rates at certain positions.

In the table you will find all the steps that you need to perform to reduce the bid employed by the employee. Each step is completed with the design of a specific document.

Stage	What document to issue
Stage 1.Decision of the employer's decisions about the reduction of state or number	New staff schedule, order of his statement
Stage 2.Create a reduction commissions (if the number is reduced)	Order on the creation of the Commission
Stage 3.Take into account the preemptive right of workers to leaving in the previous position	Protocols meeting of the Commission List of reduced employees
Stage 4.Notify the employment authorities about the upcoming reduction of employees	Notification of the CZN
Stage 5.. Notify elected organ primary trade union organization about the upcoming reduction	Letter to the trade union organization
Stage 6.Personally written to warn every employee about dismissal	Notification to each employee
Stage 7.Offer to the employee of the transfer to another suitable work (or notice of the absence of work)	The proposal of other work or notification of the absence of such
Step 8.Request a motivated opinion of the election body of primary oppuganization when dismissing a member of the trade union	Letter to the trade union organization with a draft order of dismissal of a member of the PS
Stage 9.Suggest an employee to terminate the contract before the expiration of the warning (if necessary)	Offer to each employee
Stage 10.Issue an order for dismissal, issue other personnel documents	Order of dismissal, mark in the personal card, record in the employment record
Stage 11.Pay benefits in connection with the reduction, issue a labor book and the necessary documents when dismissing

To reduce vacant posts in a regular schedule, it is enough to fulfill only the first stage. You can make changes to the standard schedule in two ways:

Approve a new staff schedule.
Make changes to the acting staff.

The first option is more convenient to use if you need to make a large number of changes. To do this, you need to make a schedule to anew, making all the necessary adjustments, and then by order to approve the document with the following registration number.

If there is a little change, or a complex procedure for approving a new document is provided, it is enough to publish an order for amending the current staff schedule. In this case, the document number, the date of drawing up and other details remain the same.

Order of the reduction of a regular unit (sample)

The employer draws up its decision to reduce the staffing schedule.

What you need to register in the document:

Specify the date with which changes are entered into a regular schedule.
Use specific officials to conduct certain events related to the reduction (if necessary).

Sample of the order of reducing a regular unit:

Limited Liability Company "Altair"

(LLC "Altair")

ORDER

27.03.2019. № 9

Volgograd

About making changes to staff schedule

Based on the decision of the General Assembly of the participants of Altair LLC (Protocol No. 3 of March 24, 2018) 9 decided to transfer the functions of a call center of an external organization. In execution of the decision

Order:

1. Make from 01.06.2019 to staff schedule No. 4-shr, approved by order of 21.05.2018. Number 5, the following changes: to reduce the unit "Cole Center" with a state in the amount of 3 (three) units by the position "Operator".

2. Human Resources Manager E.V. Up to 03/30/2019, prepare notifications to employees and documents on the notice of employment service on the upcoming reduction.

3. Control of the execution of this order to entrust to the chief accountant Ilyin I.R.

Director Chizhov P.I. Chizhov

The order is familiar with the order:

Chief Accountant Ilina I.R. Ilina

27.03.2019

HR manager Buhanseva E.V. Buhanseva

27.03.2019

The new editorial office of the staffing is administered the next day after employees are dismissed. After all, until the moment of dismissal for the reduced employees, the place of work remains, therefore, the positions occupied by them should be provided in the schedule.

The project of the new staffing is developed before the publication of orders on the dismissal of workers, and is introduced after their actual reduction;

Interesting court decisions on the reduction of the post in the staff schedule

The procedure for reducing the post in the staff schedule should be necessary to observe if the position is occupied by the employee. Violation of the order can lead to the recovery of an employee at work.

The court's decision	Details of the court decision
The employer, while reducing the state, excluded a position from a staffing schedule and included another position with similar duties. In this case, it is impossible to dismiss the employee in the reduction, because there was actually not a reduction in the state, but renaming position.	Appeal definition of the Supreme Court of the Chuvash Republic of 04/18/2016 in case No. 33-1840 / 2016
If, with a reduction, the employer eliminated the position from the staffing schedule later than the employee was dismissed, the dismissal may be unlawful.	Appeal definition of the Supreme Court of the Udmurt Republic dated 13.02.2017 № 33-739 / 2017
The employer himself chooses persons who will offer vacancies in the first place when reducing. If the employee immediately agreed to the translation, another dismissed this vacancy can not be offered.	Appeal definition of the Moscow City Court of 05/30/2016 in case No. 33-20968 / 2016
The decision on the reduction refers to the exceptional competence of the employer and verification for validity and appropriateness is not subject to.	Definition of the Constitutional Court of the Russian Federation of 12/22/2015 No. 2768
Some workers agreed to early dismissal due to the reduction in the number. In this case, the employer itself decides to offer them a vacancy or not.

Labor legislation establishes a strict procedure for dismissing employees due to the reduction in the number or state. An important place in it occupies an order to reduce the state, the sample of which we present in this material.

Labor legislation about reducing employees

Labor Code of the Russian Federation Issues of Reduction regulates in several articles related to different chapters:

p. 2 h. 1 Art. 81 of the Labor Code of the Russian Federation establishes as the basis of the dismissal of the employee at the initiative of the employer, the reduction in the number of employees held in the organization; Part 3 of the same article indicates the rules of reduction;
art. 82 TK RF speaks about taking into account the opinions of the trade union authority on the dismissal of a reduced employee;
art. Art. 178 - 180 Tk of the Russian Federation regulate guarantees and compensation for reduced workers;
art. 84.1 TK RF determines the overall procedure for issuing dismissal on all grounds, including staff reduction. The publication of the order and familiarization with him is the first and main stage.

Form of order

The law does not establish strict requirements for the form of an order.

Despite the optional application currently unified forms. By order of the State Statistics Committee of Russia No. 1 of January 5, 2004, in practice they are used almost everywhere due to their convenience and completeness. The unified form of the order of dismissal No. T-8, containing all the necessary details and information, is most suitable for filling in the case of dismissal to reduce.

In accordance with Part 3 of Art. 180 of the Labor Code of the Russian Federation Party of the Terminated Labor Contract may agree on its early termination (formerly expiration of a mandatory two-month period of preventing dismissal). In this case, the order for the reduction is made information about early dismissal and the payment of additional compensation to the employee, calculated proportionally not worked before the initial date of the day.

Sometimes there is a question about the statement of the employee as the basis of the order.

Since the initiative in dismissal belongs to the employer in this situation, no statement of an employee is required to reduce. In a situation where the parties agreed on early dismissal to reduce, in the order can also be referred to a written agreement on this.

The consequences of the publication of the order

Without familiarizing the employee with a published order, dismissal cannot be considered legal.

Therefore, an employee needs to be familiar with him as a painting with him, and in case of his reference to the signature, to familiarize themselves to make an appropriate mark on the order of dismissal to reduce.

The worker has the right to demand the employer to give him a certified copy of the order.

Reducing employees is a very time-consuming and complex procedure requiring accurate observance of each step. To reduce the staff of employees, management resorts in the following cases:

The dissolution of the organization.
Liquidation of office.
Liquidation of the entire department.
Reducing the number of employees.
Changes in the structure of the company.

The first and most important step is.

The order to reduce the state, or a decision on the reduction, may have two forms:

Order of the change of staff schedule. Used if, with the reduction of employees, some posts are completely eliminated.
On reducing the number of employees. The form of an order of reduction, which includes the elimination of several different posts.

Often, during the mass layoffs, both forms of the order of reducing staff are used immediately.

With the reduction of employees, it is necessary to create an appropriate commission. The duties of the State Reduction Commission will include the following:

Preparation of the list of employees.
Selection of vacancies and providing dismissed employees of new jobs.
Sending a state reduction notice to employment authority and directly to employees.

Order (specify the order number)

On the reduction of the number of employees and changing the staffing schedule

Cause abbreviation

Order:

The list of professions falling under the reduction of the state.
The list that includes posts to the reduction and list of employees, these posts occupying (if any already defined).
When the order to reduce enters into force.
Establishment of the Commission, its composition.
Responsibilities of the States Reduction Commission
FIO of the representative of the Commission

Position, number, signature.

This is a fairly universal sample of an order that can be replenished with a list of additional documents, justifications and other things. You can download sample orders for various situations in our article below.

Notification in the employment body

A certain strict form notification has no notice. However, it should include the following:

Order number or reduction orders.
Date.
Justification.
List of workers. It should indicate: FULL NAME, position, salary, employment contract number, education.

How to notify an employee about staff cuts?

The notification of the employee about the order must occur no later than:

Seven days for seasonal workers.
Three days for employees with a contract for less than two months.
Two months for all major categories of workers.

Sample notification

Standard form does not exist. Should be included

The basis: the number of the order, a summary of its essence, the rationale for its legality.

Proposal for translation indicating: posts, salary required qualifications. It is also necessary to indicate that in case of refusal to transfer, dismissal to reduce.

Full information and payment of reduction benefits.

Each application must have the painting of the Director and the employee.

What can be offered an employee when cutting staff?

Notification in duplicate. One of the employer in the employee's personal case, the second - the employee.

If an employee who fell under the reduction of states, agrees for the translation:

All necessary additions are made to his employment contract, indicating the fact of its transfer from one post to another.
Check out the order. The basis can serve as a sample of the order of the order of the order No.-5
Make appropriate records in the employment record
Specify information about the translation in the employee's personal case.

Early dismissal agreement

What should be noted in the employee's employment record when reducing employees?

The reducing position is significantly different from the usual dismissal procedure. In the employment record, it is necessary to indicate the reason for the reduction of states, the number of the order, the date.

Work with the trade union

Notify the representatives of the trade union as ordinary employees in two months. Even if the trade union workers do not reduce. Notification as in the employment service. The trade union is notified of the reduction in the first place.

To send a copy of the order and its rationale to the trade union.

Why is it important to competently approach the state reduction?

No fines. Most problems with decreasing staff of employees are related to notifications. If it came later than two months, the employee is right to count on monetary compensation.

You can avoid conflict with the trade union and labor inspection. Reducing the staff of employees, carried out according to all the norms of the law, cannot be challenged by the trade union or canceled by the Labor Inspectorate.