Reduction at work Labor Code. The preemptive right of leaving. Reduced employee. Payments. Labor Code

The crisis in connection with the political situation in the country led many employers to the need to reduce personnel costs. And, as a result, to the reduction of employees themselves. In this situation, there are invariably issues related to the design of documents, with the required payments and compliance with the requirements that are established by law.

How should the reduction procedure, and what are the rights of an abbreviated officer?

What is said in the Labor Code of the Russian Federation on the reduction of employees?

The right to determine the number of employees belongs to an exclusively employer. Moreover, the rationale for the decision is not, according to the law, the obligation of the employer.
But the compliance with the formal procedure is charged (approx. 82, 179, 180 and 373 of the Labor Code of the Russian Federation).

In which case is wrong with the reduction?

Lack of real bases to reduce (note "imaginary reduction").
The dismissal carried out without complying with the procedure or with incorrect compliance with the procedure.

Who do not have the right to reduce?

Under the reduction procedure, the individual categories of staff arises a preferential right - to dismiss the last stage (Article 179 of the TC).

To employees who are obliged to leave at work while reducing the state include:

Employees with 2 (or more) dependents (approx. Family members on the content of the employee).
Employees in whose families there are no other sources of income.
Employees who in the course of work on a particular employer received labor injury or prof / disease.
Disabled in the Second World War.
Employees who increase the qualifications in the direction of the employer are not unremitting from their work.
Employees who are on vacation - regardless of the type of vacation (the employment contract can be terminated only in the 1st day of the employee's release).
Future mothers.
Moms who have kids up to 3 years old.
Employees who are temporarily disabled (an employment contract can be terminated only in the 1st day of the employee's release).
Mother single (disabled child up to 18 years or baby up to 14 years old).
Employees raising children without a mother (a disabled child up to 18 years or a child up to 14 years old) - guardians.
Employees under the age of 18 (in the absence of consent of the guardianship).

In a situation where the employer dismisses the future mother or mom's mother, not knowing about these facts, dismissal is recognized as illegal through the court.

Causes and grounds for reducing employee employee

Of the main reasons for the possible reduction of employees allocate liquidation companies, shift of its activities, financial difficulties, etc.

To date the most relevant reason - Financial difficulties (the reason is the political situation in the world, economic difficulties). The staff reduction becomes for many companies the only option to "stay afloat" and escape from bankruptcy.

In the TK RF, the grounds for reducing employees are clearly defined:

Liquidation of the enterprise.
Termination of the activities of the company (organization) of the IP.
Reduction of the number / staff of employees. This item is valid only subject to the elimination of an employee.
The presence of employees with higher qualifications, labor performance, etc. (evidence of qualifications must be confirmed by the relevant documents).

It is worth noting that in the order reduction order should indicate real reasons, respectively, which it is carried out.

How is the reducing employee?

The entire state reduction procedure is divided into several stages:

The publication of the order to reduce the state and changing the standard schedule

It defines a list of posts that are subject to exclusion from staffing with relevant dates, as well as a list of persons who are responsible for the reduction procedure (employee notification, etc.).

Creating a Commission from competent specialists

It should be done by the state reduction, and the establishment of the timing of the procedure for each stage of the procedure.

Notification

Preparation of his form with full information on reducing positions, familiarization of employees to be dismissed, with notifications for their painting 2 months before the date of termination of the contract. Already at the time of preparation of this notice, the employer must be aware of the presence / absence of an employee of a preferential right.

Jobs

The employer offers employees to be reduced, all positions that correspond to their qualifications and health status, and are in the area of \u200b\u200bthe employee of his working responsibilities. Suggest a free vacancy in other locations (approx. Outside the borders of the population), the employer can only in a situation where it is provided for by the employment contract.

It is worth noting that the dismissal of staff reduction officer is permissible solely if the translation of this employee to other work from the employer available at the employer (and only with the written consent of the employee himself) is impossible (Article 82 of the Labor Code of the Russian Federation). All available vacancies must be offered by the employee, as in the presentation of the reduction notice, and up to the moment of termination of the contract). In case of failure to provide free vacancies, as well as in the defeat of measures for further employment of the employee, the dismissal will be considered illegal, and the employee itself is obliged to restore in the same place.

Employment center

The employer is obliged 2 months before the termination of the contract with the employee (not less) report a reduction in the relevant position in the employment center. With a mass reduction - for 3 months (at least).

This notice to the CHN should contain all the necessary data on employee declined, including the terms of payment of their labor (profession and specialty, occupied position, qualifications requirements, etc.).

Note: The disappointment of the CNZ on the reduction of an employee is illegal, as well as the lack of marks on the notification received by the CHN (that is, the notification was sent to the CHN, but the employer does not have items).

Trade union

The election body of the trade union organization The future state reduction is sent 2 months before the appointed date of termination of contracts. With a mass dismissal - for 3 months.

Dismissal

The publication of the appropriate order should be carried out after the expiration of the future prevention of the future, with the subsequent design of all the necessary documents and familiarization of the employee with them under its painting and exclusively in the deadlines established by the legislation.

After that, the employee is issued a workbook, all other necessary documents, and also produced a complete calculation (timely).

Output benefit

Payment of compensation is carried out by the employer after termination of the contract also strictly in the deadlines established by law.

Samples and blanks of notifications or warnings

According to art. 180 TC RF The notification of the employee about the upcoming reduction is carried out by the transfer of the relevant document with the application of the copy of the order in person personally either by mail 2 months before direct dismissal and with the obligatory offer of other vacancies during the entire period before being dismissal.

Sample notification:

LLC Petrov and K.
Driver Expdepor Ivanov A.V.
Date_____

NOTIFICATION.

Dear ________ (FIO of the employee), notify you that "__" __________ _____ (date) decided to reduce the number of employees of our company in connection with ______________ (reasons for reduction) Order No. ____ from "__" _______ ). In accordance with Article 180 of the Labor Code of the Russian Federation, Petrov and K LLC warns you of the upcoming dismissal "__" _______ _____ (date) on the basis of paragraph 2 of Art. 81 TK RF (________ Cause of state reduction). In connection with the upcoming dismissal of Petrov and K LLC offers you a translation to another job for the following positions:

____________ (position) _______ rub. (salary)
____________ (position) _______ rub. (salary)

In case of disagreement, you will be dismissed "__" _______ _____ year (date). When dismissing you will be made compensation established by Article 178 of the Labor Code of the Russian Federation and other norms of the current legislation of the Russian Federation.

General Director MA Keys.

With the notice and proposals for employment in the order of translation to other posts familiarized (-A) and the 2nd instance received (-A).
________ (Signature of the employee) "___" ________ ____ (date)
_____________________ (employee's opinion on translating to another position)

What compensation, benefits and payments can be calculated by former employees of the enterprise?

Payment schedule for benefits and its dimensions are regulated ch.27 TK RF. which indicates the necessary employees in reducing the guarantee and compensation, as well as the categories of citizens, for which the preferential right is enshrined - to remain at work while reducing the number of employees.

Official dismissal day - This is the last working day of the employee. The employer, regardless of the cause of the reduction, is obliged to pay an employee of monetary compensation for unused vacation (or leave), the output allowance and other cash debts in their presence.

As for the average earnings, its calculation is made taking into account the salary, which is already accrued to the employee, as well as the time that the employee worked on the fact, including the day of reduction.

How much should you pay when a reduction, which compensation to calculate the employee when reducing?

According to the current TK RF, with a reduction, the employee has the right to:

Output benefit. Size - Middle Monthly Earnings. 2-week earnings - for an employee engaged in seasonal work.
Preserving the average monthly earnings until the moment until the employee gets to a new job (limited to a certain period).
Other payments and compensation, in accordance with the employment contract.

How many months or salary pay benefits while reducing?

Preservation by an employee of the average monthly salary until the employment
limited to a period of 2 months (under special conditions - up to 3-6 months).

Payment procedure:

Manual for the 1st month: Payment is carried out with the calculation directly when dismissal. That is, the output allowance "Advance" for the 1st month.
Allowance for the 2nd month: Payment is carried out after the complete end of the 2nd month after the employee of the workbook without markers about the employment in the past period. With the employment of an employee, for example, in the middle of the 2nd month, the payment is carried out according to the period in which the employee was not employed.
Manual for the 3rd month: The payment is carried out exclusively in a situation where the employee was not employed during the past after the dismissal of 3 months, provided that he appealed to the CHN (approx. at the place of registration) within 2 weeks after dismissal and was registered in this CZN. In this case, the CZN gives an employee of the relevant certificate, which is presented to the employer to obtain a benefit for the 3rd month.
Manual for the 3-6th month: Payment is carried out only if the employee worked in the Far North. Payable benefits for this category of employees are engaged in (starting from 4th month) CZN.

During the reduction, they did not pay all the salary, hospital or vacations - what to do?

All payments (with the exception of benefits that are paid after dismissal) should be carried out on the day of the dismissal and care of the employee from the enterprise. Detention of payments illegally. All payments are carried out according to the employment contract and the legislation of the Russian Federation.

If the payments were not made (or were not fully made), the employee has the right to apply to the court to recover the unpaid salary (provided that it should be paid), as well as compensation for ...

Unused vacation.
Unpaid sick leave.
Moral injury.

As well as an employee has the right to demand through the court ...

Compensation for legal services.
Interest for delay in payments.
Compensation for the incomplete earnings due to the delay in the workbook, due to the incorrect entry of the cause of the dismissal, due to illegal dismissal / transfer.

You can also contact the prosecutor's office with a statement (at the same time as a statement in the court). If a frightened employer salary is still paying (and other compensation), then from the claim you can simply refuse. A duty for labor disputes falls on the employer.

The limitation period for such a statement (Article 392 of the Labor Code of the Russian Federation) is equal to the 3rd months from the date of dismissal.

On a note:

All payments and compensation are accrued accordingly the official salary. That is, it makes no sense to count on the average monthly earnings of the output benefit of 30 thousand rubles if your "white" salary is 7,000 p, and the rest is paid "in the envelope".

What to ask for an employer while reducing - useful tips

The procedure for issuing documents to a dismissal employee must be observed, as well as the reduction procedure - strictly and clearly, regardless of the position and cause of dismissal. The procedure for the documentation established by law concerns the proper execution of the personal account of the employee, as well as the maintenance of accounting logs.

For the issuance of what documents is the right employee (The list includes those documents that the employee may be needed)?

Labor book (with its design properly) - even subject to its design at the expense of the employer.
Labor contract (Art. 67 of the Labor Code of the Russian Federation) + all copies of additional agreements to it.
Student agreement (CT2 of the Labor Code of the Russian Federation).
Pension certificate.
Medical book.
Education Document (with the relevant agreement based on this document).
Certificate of paid taxes.
Help on accrued / paid insurance contributions.
Help on temporary disability periods.
Income certificate for providing employment service.
Copies of orders (Art. 62, 84.1 of the Labor Code of the Russian Federation) on the employment, dismissal from work, on transfer to other work and other orders (about additional work, work on weekends, on certification, etc.). Provided by employee request. A copy of the order of dismissal is issued on the day of dismissal at mandatory (Article 84.1 of the Labor Code of the Russian Federation).
Help on the period of work at the employer.
Estimated sheets (Article 136 of the Labor Code of the Russian Federation).
A document on additional insurance premiums on the accumulative part of the pension + on the contributions of the employer in favor of the insured persons (when paid). It is issued together with the calculated leaflet (Article 9 of the FZ-56 of 30/04/08).
Help 2-NDFL (Article.230 of the Tax Code of the Russian Federation). Guests are available at the request of the employee.
Certificate of average earnings in the last 3 months (paragraph 2 of Article 3 of Law No. 1032-1 dated 19/04/91). It will be needed in the employment service.
Certificate of the amount of earnings for 2 years, which preceded the year of termination of the work or year of appealing for this certificate (Article 4.1 and 4.3 of the FZ-255 from 29/12/06). It will be needed to calculate the benefit on temporary disability, maternity leave, child care, etc.
Personal accounting documents, Indium / information, as well as information about the experience (labor, insurance). Assigned at the request of an employee to establish a pension.
Characteristic.

The reduction can be carried out by reducing the number of employees, or the reduction of regular units. This procedure is held to optimize the work of the enterprise. The head has two ways:

Remove unnecessary positions from the staffing schedule.
Reduce the number of employees holding positions.

The general principle looks like this:

the head decides;
the order must be published two months before dismissal if they are massive, the term increases to three months;
preparing and approved a new staff schedule. Important. To dismiss to reduce without excluding posts from the staffing and approval of its modified edition, it is impossible;
the employment service is informed about the upcoming event (Part 2 of Art. 25 of Law No. 1032-1 dated 19.04.91);
priorities are exposed when choosing employees who will stay.

The Labor Code of the Russian Federation has a list of persons who cannot be dismissed to reduce, and individuals who fall under the procedure (Article 279, Article 161).

TK RF, Article 279. Guarantees to the head of the organization in case of termination of an employment contract

In case of termination of an employment contract with the head of the Organization, in accordance with paragraph 2 of Article 278 of this Code, in the absence of guilty actions (inaction) of the head, it is paid compensation in the amount determined by the employment contract, but not less than a three-time "average monthly earnings", except in cases provided for This Code.

TK RF, Article 161. Development and approval of standard labor standards

For homogeneous works, typical (inter-sectoral, industry, professional and other) labor standards can be developed and installed. Typical labor standards are developed and approved in the manner established by the authorized government of the Russian Federation by the federal executive authority.

First of all, the following categories are fired:

employees - pensioners;
employees who do not have a lot of experience and experience;
workers who have bad labor indicators, frequent comments.

juvenile;
pregnant;
women in maternity leave;
women with children under three years;
parents - single, who have a chance of a child under 14 years old;
people having a child are disabled.

Important. It is possible to reduce a decree post only after going to work the main employee (the exception is the complete liquidation of the enterprise) (ST 256 of the Labor Code of the Russian Federation).

After choosing persons who fall under reduction, they must be notified in writing in writing.

the possibility of replacing alternative posts. When the company has free positions, the boss must offer them to dismissal persons;
order of the termination of the employment contract, its registration. Important. The employer cannot dismiss the employee during the holidays or the hospital (Article 81 of the Labor Code of the Russian Federation);
final settlement of employees.

On the day of dismissal, employees are paid settlement, all compensation provided by law.

The workbook is issued with the appropriate record and other references at the request of the dismissed.

reference. When people face a reduction, you should not immediately dismiss and rushing in search of a new job. When dismissal, in this way, the employee is made sufficiently solid payments.

Therefore, it is worth waiting for this moment, and only then look for a new place.

Employer Responsibilities for Employee Reduction

Just to dismiss employees the head is not right. All norms and requirements of the TC RF must be met. So, what is obliged to provide an employer while reducing?

Employment

If the company does not complete its existence, the employee is obliged to offer any other vacant position.

When dismissing to reduce states, the employer is obliged within two months in the event of a vacancy vacancies appearedabout this abbreviated employee.

Final calculation

In case of reduction, the employer is obliged on the day of dismissal issue all due to payments(Art. 140 Tk RF):

full calculation when dismissal (including compensation for unused vacation);
the output allowance (size is average monthly earnings);
the person receives an average salary within two months after dismissal, and when applying for employment service is three months (exception is employment during this period);
issuing put documents.

TK RF, Article 140. Terms of calculation when dismissal

Upon termination of the employment contract, paying all the amounts due to the employee from the employer is made on the dismissal day of the employee.

If the employee did not work on the day of dismissal, then the corresponding amounts should be paid no later than the next day after presenting a declaration of the calculation by the employee.

In the case of a dispute about the amounts of amounts due to the employee during the dismissal, the employer is obliged to pay the amount not conjected to the amount specified in this article.

On the day of dismissal when reducing an employee, the employer is obliged give a filled workbook.

Other references on labor activities The organization is obliged to issue on the basis of a written statement.

Responsibility for failure

If the head violated the rights of employees while reducing the number or staff, it will be raised to administrative, disciplinary, and in some cases, and criminal liability (Art. 419 of the Labor Code of the Russian Federation).

TK RF, Article 419. Types of responsibility for violation of labor legislation and other acts containing labor law

Persons guilty of violation of labor legislation and other acts containing labor law standards are attracted to the disciplinary and "material" liability in the manner established by this Code and other federal laws, and are also involved in civil-legal, "administrative" and " criminal "responsibility in the manner prescribed by federal laws.

All the actions of the head must be reflected in the documentation under the law, and employees are notified under the abnormal reduction.

In the event that such happened, a person may require compliance with his rights in court. The law in these cases is always on the side of employees. The employer wakes must restore a citizen in office, as well as to pay him a missed benefit and moral harm. (Art. 234, 237 of the Labor Code of the Russian Federation).

Tk of the Russian Federation, Article 234. The obligation of the employer to compensate the employee material damage caused by the illegal deprivation of its possibility to work

The employer is obliged to reimburse the employee who has not received earnings in all cases of illegal deprivation of his ability to work. Such a duty, in particular, occurs if the earnings are not obtained as a result:

unlawful removal of the employee from work, his dismissal or transfer to another job;
the refusal of the employer from the execution or late execution of the decision to consider labor disputes or the State Legal Inspector of Labor on the restoration of the employee in the former work;
delays employer issuing an employee of an employment record, introducing incorrect or not relevant to the legislation of the formulation of the cause of the dismissal of the employee.

TK RF, Article 237. Compensation of moral damage caused by the employee

The moral harm caused to the employee by unauthorized actions or inaction of the employer is reimbursed by the employee in cash in the size determined by the Agreement of the Parties to the employment contract.

In the event of a dispute, the fact of causing an employee of moral damage and the amount of its reimbursement is determined by the court regardless of the property damage to be reimbursed.

In addition, an administrative penalty from 30 to 50 thousand rubles for legal entities, up to 5 thousand for individuals and officials, will be superimposed on a negligible employer for legal entities, and if the violation is not performed in the first, it is possible to bring criminal liability (Art. 5.27 of the Administrative Code) .

Delay or refusal to pay out compensation Also faces the employer a large fine and suspension of the enterprise.

The organization will be obliged to pay employees with a percentage for each day of delay (Art. 236 of the Labor Code of the Russian Federation).

Moreover, the long-term non-payment of wages and other mandatory benefits and compensation (more than two months) provides for criminal liability (Art. 145.1 of the Criminal Code of the Russian Federation).

TK RF, Article 236. The material responsibility of the employer for the delay in the payment of wages and other payments due to the employee

In violation by the employer of the established "term", respectively, paying wages, pay for leave, payments for dismissal and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount not lower than one hundred and five-time valid at this time. The key rate of the Central Bank of the Russian Federation from the amounts not paid on the term for each day of delay starting from the next day after the established period of payment on the day of the actual calculation inclusive.

With incomplete payment within the prescribed period of wages and (or) other payments due to the employee, the amount of interest (monetary compensation) is calculated from the amounts actually not paid within.

The amount of monetary compensation paid by the employee can be increased by a collective agreement, a local regulatory act or employment contract. The obligation to pay the specified monetary compensation arises regardless of the presence of the guilt of the employer.

Important. If the employee believes that the employer violated his rights, it should be complained to the following instances:

trade union (if any);
labor inspection (located in employment services);

Application to court, this is the most extreme measureAs a rule, if disagreements occur with the employer, all disputes are resolved with the involvement of trade unions and the department for protecting the rights of workers.

It is better to comply with all the obligations of the employer while reducing the state of the current legislation. Violation of the rights of employees may threaten serious trouble and cash loss. Judicial practice shows that in such situations the authorities always take the side of employees.

Unstable periods in Russia's life - the case is much more common than the times of wealth and universal content. Therefore, all the leaders and their employees should be prepared for the fact that at any time it may be necessary to reduce the staff and conjugate dismissal. The editorial board will help to deal with how this procedure happens is that you need to know that temporary difficulties do not bring big trouble for the employer, and what payments when dismissal to reduce states are put on employees.

One of the biggest trouble for the company is forced dismissal to reduce states. Consider what compensation is 2018, which should be paid to employees excluded from the staff, which are the documents that need to be issued, as well as the deadlines that need to be observed. We also describe what rights of employees cannot be broken in the event of a reduction in states or liquidation of the enterprise.

Who can not cut

The current labor legislation defines a list of persons who cannot be dismissed while reducing states. These include:

women who are on child care leave (Art. 265 of the Labor Code of the Russian Federation);
pregnant women;
women who have children up to three years;
lonely mothers raising a child under the age of 14 (a child-disabled child under 18);
other people raising children under the age of 14 (a child with disabilities under 18) without a mother (Art. 261 of the Labor Code of the Russian Federation).

It is also impossible to dismiss staff to reduce the state that are on sick leave or on vacation. Exception - or termination of the activities of an individual entrepreneur. The reduction in minors is permissible conditional: for this it is necessary to obtain the consent of the relevant state inspection and commission on juvenile affairs and the protection of their rights (does not relate to the situation of the enterprise's liquidation).

Staff reduction dismissal: Step-by-step instructions - 2019

Step 1.The procedure for reducing the states (as well as the liquidation of the organization) begins with the appropriate. In this document, the head must indicate:

what regular units and in what quantities are subject to exception;
the cause of the state reduction;
the list and deadlines of the activities that need to be fulfilled to the date of dismissal;
data of responsible persons.

A sample of the order of dismissal to reduce the state looks like this:

Obviously, this is a general order. It is compiled in an arbitrary text form. With it, it is necessary to familiarize yourself with the receipt of a personnel specialist responsible for the listed activities.

Step 2. Compliance with the warning period is mandatory, however there are some exceptions. For example, it happens that the employer wants to dismiss the employee earlier than the expiration of a two-month period. However, it is right only with his consent, and decorated in writing. If a person is against, no one has the right to force it. In the case of the dismissal of the previously appointed period, employees who agreed to this are paid additional compensation upon dismissal to reduce the state in the amount of average earnings in proportion to the time remaining before the expiration of the dismissal prevention period.

Step 3. Before dismissing the employee, the employer is obliged to offer him another available job - a vacant position. Moreover, it can correspond to the qualification of a specialist, and maybe not. Other work may be lower or lower position. This article of the Labor Code, with all reservations, gives the will to the head, who can offer, let's say, the head of the head of the cleaner. Although in practice it usually does not reach this.

According to the standards of Article 179 of the Labor Code, employees who have higher qualifications and labor productivity are obtained when optimizing states the advantage: they are obliged to dismiss last. But often the leaders of this responsibility are neglected. There is a simple rule: higher performance and qualifications must be confirmed documented. To do this, use data on the implementation of the rules of development, the quality of work performed, the absence of marriage. A higher qualification may also indicate the existence of an employee of the initial, secondary, higher professional education, as well as the receipt of second education, the presence of a scientific degree, scholar title, etc.

It can be carried out according to a special procedure with the exam. It is advisable to do in the event that the order of dismissal to reduce the state or number of employees causes complexity from the leadership. Such independent qualifications assessments are provided in relevant provisions on their conduct. It can also be prescribed in local acts of the organization compliance with the professandards approved by Mintrost, those employees who will fall under the reduction in the last place. If labor productivity and qualifications are the same, it is usually solved by the head together with the trade union. It can be taken into account:

the presence of two or more dependents;
the lack of other employees with independent earnings in the family;
labor injury or occupational disease obtained in this organization.

It is important to carefully approach these factors, since in the event of disagreements, a person may apply to the court and if the manual has not yet taken into account or violated the established procedure for dismissal, the employee will be restored at the same place, and the organization will have to pay for him a salary for a forced ruster.

Step 4. In addition to the upcoming state reduction procedure, the employer is obliged to notify the trade union. The employment service is sent to a document with information about the post, profession, specialty, qualifications requirements, on the conditions of remuneration of each reduced specialist. This is done in accordance with the requirements. All information must be submitted to the employment service and the trade union on the same time as the notification of the workers themselves. That is, not less than two months before the reduction. In the case of mass dismissal - no later than three months. Usually, the massive is the dismissal of more than 20 people at the same time.

Organizations that have not applicable to the alleged mass dismissal or violated the provision of information, the employment service should send information to the prosecutor's office for adopting measures to the perpetrators. The trade union (if it is in the company) inform about the reduction of states in arbitrary form. In the notification, the employer is obliged to put the date, indicate the number of shortened standard units, bring the link to the order. The date is extremely important, because it is from her that the calculus of two months will go for the subsequent dismissal of employees.

Step 5. When reducing states, the first duty of the company is the employment of reduced employees. The law directly obliges the employer to do it constantly since the notice of the state reduction, and at least twice - at the time of the warning and directly at the time of dismissal. If the vacancies appear in this two-month period, they are obliged to immediately propose to the reduced workers and in no case take on them new people. First of all, a person is offered similar to the former vacant position. In the absence of such an employer, it must offer a subordinate subordinate position at which he can work with regard to education, qualifications, work experience and health status. If the employee agrees, the procedure for translation is issued. If refuses, a written refusal is drawn up in the form of a special act. This gives the employer right to offer this position to another employee who has fallen under the reduction of the state. All vacancies must be present in a regular schedule with a designed salary (bid) and be provided by the job description. If there are no vacan positions, the manager must compile an act of the impossibility of translation. These documents are compiled in arbitrary form.

Step 6. On the basis of an order to reduce regular units, it is necessary to publish personal orders to all persons to be dismissed. They should be familiar with them under the personal signature of each of the abbreviated workers personally two months before dismissal. A two-month term should be counted from the next day after the warning of employees. Upon completion of the two-month period from the day of the warning of employees, the employer must publish a new order for the organization with a statement of its decision to reduce the number of state and input of a new staff schedule. Remember that you can dismiss a person only after excluding his position from the staffing schedule. Moreover, in such a staff schedule should not be homogeneous vacant posts, otherwise the abbreviated officer will be able to recover at work through court.

The termination of the employment contract with the employee is issued by order on a special form approved by the State Statistics Committee of Russia. He is obliged to familiarize themselves with the order for receipt. If it is impossible, let's say, a person does not want to put his signature on familiarization, on the order it is necessary to record "familiar with the receipt refused." On the day of dismissal, the employer is obliged to issue his employee with his entry: "Fired to reduce the staff of the organization's employees, paragraph 2 of Part 1 of Article 81 of the Labor Code of the Russian Federation." If the employee did not take his workbook on the day of dismissal record, he is obliged to send a notice with the invitation to come for the employment record or allow it by mail. From the date of the departure of this document, it is believed that the employer fulfilled the obligation to issue an employment record and is no longer responsible for the delay in its issuance (Art. 234 of the Labor Code of the Russian Federation). He is exempt from the need to pay the employee the amount of the earnings not received by him during the delay. In addition to the employment record, the employee is entitled to receive copies of other documents related to his work, but only on his written statement.

Step 7. In addition, it is necessary to pay output benefits and compensation in case of emergency system in the first two months after the state is reduced. On how to calculate all the necessary amounts, we told in a separate one. It provides details of the state reduction dismissal, and compensation for 2019 is designed for examples. All payments in this case regulates, about the timing in it, in particular, it is said: "Not later than the next day after presentation of the calculation claim." Each employee who fell under the reduction of the state should get a day off a manual in the amount of average monthly earnings. In addition, it retains the average monthly earnings for two more months or less, until he finds another job. At the same time, in order to receive compensation for the second month, a former employee must go to the employment service within two weeks after dismissal and not find a job before the end of the second month. In this case, the average monthly earnings will be kept behind it and for the third month. But only on reference from the employment service. By the way, pensioners when dismissing to reduce the states receive a day off and other compensation as ordinary employees. And the head of the organization, his deputies and chief committees at dismissal in connection with the change of the owner are entitled to receive compensation in the amount of not lower than three average monthly earnings.

Responsibility for violation of the state reduction procedure

The employer can be punished for every violation of the staff dismissal procedure. For a violation of payments for payments when dismissal, he will be obliged to pay the entire amount due to the employee, plus interest in the amount not lower than 1/150 key rates of the Central Bank (equal to the key rate) from the amounts unpaid within each day of the delay (Art. 236 TC), as And when the employment record is delayed.

In case of non-fulfillment of responsibilities for the provision of available vacancies, the employer may be fined under Art. 5.27 Administrative Code. It must be remembered that the Federal Labor Inspection and the Prosecutor's Office follows the violations of labor legislation. An employee who decides that his rights are broken, can first contact their trade union if it is in the company. In this case, employers are required to react to a statement within a week. If it is not possible to solve the problem, a person can already apply to the labor inspection and the prosecutor's office, and this will cause an unscheduled check of the employer.

In addition, every person with an employment dispute can go to court. It can do this for three months from the day when he learned or should have learn about the violation of his labor law. And on disputes about dismissal - within one month from the date of the presentation of a copy of the order of dismissal or from the date of the issuance of the employment record. At the same time, workers are exempt from paying fees and court costs. In case of recognition of dismissal or transfer to another job, the employee must be restored in the former work by the body considering the individual employment dispute. In this case, he will be paid average earnings for all the time of the forced absenteeism or the difference in earnings for all the time of execution of the lower paying work, as well as for moral damage. The decision to restore at work of an illegally dismissed employee, about the restoration of an employee who is illegally translated on another work is subject to immediate execution.

Loss of the workplace is almost always an unpleasant event. But one thing when a former employee escorts with honor and gratitude for the work done, and the other - when the dismissal comes due to problems in the company itself, and also fraudulently. Unfortunately, more than half of modern organizations sin precisely the second kind of dismissal. And naive citizens allow management to violate their rights. That this does not happen, you need to know at least the main nuances of the care procedure from work. In this case, we will consider what should be the order of dismissal to reduce states.

Dismissal to reduce - memo to workers

The procedure for dismissal to reduce the state for many companies is a headache. Lazakes, under which it is possible to facilitate this process, reduce costs and bypass the Party of Labor Code is looking for almost every organization. And unfortunately, they often find them. That this does not happen, it is worth noting as a note that the procedure for reduced dismissal should actually undergo.

1. Any company must submit to its employees notification of dismissal to reduce Not later than two months before the personnel decline itself occurs. In addition to the general meeting and information on the stand, the leaders of the organization must convey information to each employee personally and receive its confirmation of the signature.

2. The conditions for dismissal to reduce are considering the option in which the employee deprived of the manual can offer other vacant positionscorresponding to his experience and qualifications. But most often this does not happen, because employees do not know about the existence of such a responsibility of their leadership.

3. Another important nuance on which you need to pay attention is emergency dismissal to reduce states. This situation arises when an employee who fell under the reduction expressed a desire to quit the deadline for the reason for the employment of a new job. In this case, the organization has no right to impede an employee. As for compensation, the employee has the right to count on an additional payment in the amount of average earnings calculated in proportion to the time, which remains until the expiration of the reduction warning.

4. Payments for dismissal to reduce. If an appropriate entry is made in the employment record, the employee has the following compensation when dismissing to reduce:

Not later than the last day, the employee must obtain a calculation in the amount of salary for the last month of work + compensation for all unused vacations
Together with the calculation, the employer is also obliged to pay an existence for the first month of employee unemployment. If the employee did not find work for two months, the employer is obliged to pay another allowance in the amount of average monthly earnings. Provided after 14 days after the dismissal, the employee registered in the employment service, but 3 months after the reduction, he also found a job, he was laid another day off when dismissing to reduce and temporary unemployment.
Benefits when dismissal to reduce. If an employee who fell under the reduction and registered in the employment service did not find work within 3 months, since the first day of the 4th month, unemployment has the right to receive benefits. Paying it will be the employment service in the following order:

starting from the fourth month after dismissal to reduce and follow-up 3 months: 75% of the average monthly earnings;
the next 4 months is 60% of the average monthly earnings;
from 8 to 12 month - 45%.

Also, an employee who fell under dismissal to reduce is entitled:

In order for all listed benefits to be available, an employee dismissed in connection with the reduction of the state should contact the employment service at the place of residence during the 14th calendar days from the date of dismissal.

If the dismissal conditions for the reduction described above were violated by the employer, the employee has the right to apply to the court. The law will always be on the side of the employee, in which country he would be. Each person is obliged to know his rights, and for this, at least sometimes it is worth looking into the Labor Code.

Sometimes the reason for the dismissal of one or several employees of the enterprise becomes not the solution of the employer or the employee itself, but an objective necessity. The situation may be associated with the transition to a new (automated) level of production or with the fact that the organization no longer needs the same employees. In such cases, there is a reduction in the number or staff of employees.

For the employer, this becomes a legal tool that allows you to optimize the composition of the staff and the structure of the staffing schedule. However, the use of such a reception is associated with a large number of nuances and requires compliance with many rules.

Basic concepts and terms

In order to understand the subtleties of the topic and understand who, as under any circumstances, may be dismissed if the staff is reduced, the main concepts should be declared:

The number of employees call the number of all employees of the enterprise, in other words, is a list of composition. If we are talking about to dismiss several representatives of one profession that perform similar functions, with the preservation of the post in a staffing schedule, then this is a reduction in the number of employees. An example is the dismissal of three architects out of five.
The staff of employees is absolutely all positions presented in the company (guidelines, administrative, workers and others). Their list is a staffing schedule, in accordance with which the structure of the organization's personnel is formed.
The reduction in the number of state is necessary in order to exclude from the list of positions, duplicate each other, or those that can be combined into one regular unit. This concept also includes measures aimed at eliminating any division.

This means that the state reduction is accompanied by not just a decrease in the number of employees with the same duties, but and the dismissal of all employees who perform specific labor functions. Returning to the example above, all five architects will be dismissed while reducing the state. Perhaps the company is more profitable not to contain these employees in the state, but to hire them from time to time to perform a separate task (outsourcing).

Legislation on dismissal due to staff reduction

Legal aspects accompanying the gap of labor relations due to changes in the structure of the staffing schedule, regulates the Labor Code of the Russian Federation. Reducing the staff of employees (due to the elimination of the organization or the change of its owner) reviewed in Article 81. There are also other common situations related to the termination of contracts with employees at the initiative of the employer.

Among other cases, this article provides for the procedure for dismissing employees:

Who can be reduced

The decision on which the reduction in the number or staff of employees depends, takes the employer, but at the same time it must take into account the rights of employees who use certain benefits.

When considering the candidates of employees to be dismissed, the head must observe the rule set out in Art. 179 TC. It states that the state reduction should occur at the expense of the least qualified personnel, which has the lowest performance indicators. The practical implementation of this rule is often associated with an assessment of the experience and experience of workers. It is assumed that those of them who worked at the enterprise recently represent the smallest value for the collective.

To assess the importance of the employee, the result of the qualifying exam, its education and the level of indicators for the previous period is also important. This means that when comparing two employees who occupy the same position, preference will be given to someone who has a higher education. His colleagues who received the secondary special, probably fall under the reduction.

Personnel categories who do not concern dismissal due to staff reduction

The reduction of employees does not affect the following categories:

Parents of children with the status of a disabled.
Mothers and fathers raising children on their own (single).
Parents of large families before that time until the youngest child is 14 years old.
Citizens who are the only breadwinners of their families.
Employees who have received a professional injury or caused disease due to their work activities in this company.
Disabled victims as a result of wars, Chernobyl catastrophe or Semipalatian tests.
Firm staff with awards (Hero of the USSR, Cavalier of the Order of Glory) or the title of the inventor.
Workers who combine the fulfillment of their employment learning.

Dismissal to reduce states does not affect those workers who are members of the trade union or are elected representatives of the working team and take part in negotiations with the management of the company.

Employees of the enterprise that are on sick leave, in ordinary or maternity leave, cannot be dismissed. True, it can be carried out with their written consent or with complete liquidation of the company.

How to reduce pensioners and partners

The Labor Code of the Russian Federation (Art. 3) contains a ban on the manifestation of the employer discrimination by age. Most often, this concerns workers who have reached the retirement age and continuing their official duties. If necessary, they will also affect the reduction of the state, but the use of their social status as a basis for dismissal is illegal.

Taking into account the experience and qualifications of pensioners, they, on the contrary, fall under the definition of employees with preferential rights. Based on the fact that they can be among the most useful employees of the enterprise, they are reduced by the last.

Planning the dismissal of an employee who combines two posts, the employer produces almost all standard actions. The difference is only that the law does not establish whether it should charge payments to such an employee.

In fact, the benefit with the reduction of states is necessary for those who lose the source of income. However, remaining in the company, the part-time continues to receive wages. Here, the decision on payments and their size remains for the employer.

Why employers resort to reduction

The state allows the leaders of enterprises to independently decide on the need to reduce the state or number of personnel. However, in the event of controversial situations, the economic validity of these measures may be tested by judicial authorities.

This condition imposes on the employer the obligation to inform his subordinates about why the staff of employees is being reduced. These information is set out in the appropriate order and may be related to the following factors:

Low profitability. The lack of profit does not allow the leadership to pay for the proper level the work of the former number of employees. With a decrease in labor costs, the organization can save some funds to repay the debts or the purchase of a new batch of materials.
The inefficient structure of the state. If there are those who duplicate each other or do not represent values \u200b\u200bfor economic activity, their elimination will be justified.
The introduction of new technologies or equipment. When production becomes more automated and does not require the participation of the former number of employees, the staff reduction can significantly reduce the cost of costs and increase profitability indicators.

What rules must follow the employer, reducing staff

The procedure for compulsory dismissal can significantly affect the welfare of those employees who fall under the reduction. Not always they have the opportunity to find a workplace with the same conditions as in this enterprise. For this reason, the state dictates certain conditions to managers, the observance of which to a certain extent protects the interests of dismissed workers:

In the event that the management of the company "forgets" to inform the employment service about its intentions, except for fines, the Court can oblige them to pay wages to employees for forced absenteeism.

How does state reduction going on: step by step instruction

Any company's head or organization, planning and conducting measures to reduce the state, should know and comply with all legislative standards and requirements. Ignoring or unsighted violation of one or more rules may entail quite serious consequences: a fine or trial.

Based on this, the employer is interested in implementing a phased reduction in states (the Labor Code of the Russian Federation establishes a list of necessary documents and procedures):

In the event that the employee does not agree to the translation and continuation of cooperation with the company, the latter on the list of necessary documents is the order of his dismissal. The unified form T-8 is recognized for this document.

How the state reduction dismissal is completed: compensation for vacation, day off

The dismissal of the employee, in time of informed and refusal from the proposed vacancies, is held simultaneously with the payment of all necessary funds.

Together with the employment book, the former employee is issued:

Salary accrued for the last spent period.
Compensation payments for unused vacation (if any).
Special payments for reducing state (output benefit). Their size is often equal to the average wage, but maybe more, if it is indicated in the collective agreement.

The company continues to pay the employee for a long time in the reduction of states if it is listed on the labor marketability, but cannot work. Its size is set at the level of average salary, but this amount is not taken into account that has already been issued.

In the case when the employee wants to quit before the term that is scheduled to the employer, he must pay the money accrued for the underdevelopment. That is, in fact, in any case, it will pay a two-month period between the announcement of the reduction and the date on which this procedure is scheduled.

Payments to individual personnel categories

The procedure for the reduction of some workers is slightly different about the one that was set out above. This is due to the non-standard nature of their labor functions or with special circumstances:

For those employees whose duties are considered to be seasonal, payments in the reduction of state account for an amount equal to the average salary in two weeks.
Employees of organizations located in the Last North are charged a one-time existence and average wages for three months (if they are not employed before).

What will be indicated in the employment record

According to Art. 81 TC Reduction of the state is indicated as a basis for termination of an employment contract in an employee's employment record. It is issued on the day of dismissal together with the accrued sums of money. With their receipt, the former employee of the enterprise is painted in several documents (personal card, booking book of labor books, insert).

The assurance of the record that the employment contract is broken, the signature of the personnel department becomes the signature of the personnel department (which leads workbooks) and the most dismissed employee, as well as the seal of the head.

What should be the behavior of the employee in reducing

When a person receives a notice that it is planned to be planned, he should take the following actions:

Help the list of persons who are not allowed to dismiss and find out if he is in this category. In the case when it will be detected by any factor that gives the right to privileges or benefits, this should be stated in the letter and transfer to the manager. The optimal option is considered to compile a letter in two copies. One of them gives the leadership to put a mark on receiving on the second. This will be useful proof in favor of the employee if it comes to court.
Prelate requirements relating to an alternative place of work at this enterprise. The employee does not necessarily agree on the proposal, but the employer's written refusal in providing vacancies can also be a basis for the abolition of a decision on the reduction.
For additional payments, you need to register with the employment service during a period of no more than two weeks after the state has been reducing. TK RF indicates this period. Then the employee receives the right to a two-month allowance (average wage) if he cannot find a new job.

The most important aspect concludes that the employee should not write a statement application itself after it becomes aware of the upcoming reduction.

Also, it is not necessary to give in to the head of the head and compromise, because the dismissal of the parties does not provide for the payment of the day off.

Professions in the risk area

Given the complex economic situation, the reduction can touch back a rather wide range of companies and organizations. Doctors and teachers may not be afraid for their places, but many firms still subjected to reorganization.

Among the employees of budget enterprises may be limited to financing the following professions:

Employees involved in telecommunications.
Librarians.
Postal employees.
Mosgostrance staff.
Reducing the state of the Ministry of Internal Affairs.

In addition, new jobs will have to look for some employees of state and commercial banks.

Experts argue that against the background of such a disappointing situation and in the absence of wage increase, many highly qualified personnel will dismiss on their own initiative. Without waiting for abbreviations, they will develop new topical professions or look for applying their talents in other countries.