Reduction order. The order to reduce the staff unit

An order to reduce the staff of employees is a document that is drawn up in cases where the organization plans to dismiss one or more employees with the exclusion of their position from staffing. The reason for such actions of the management can be a variety of reasons: from the reorganization of the enterprise and production needs, ending with the lack of financial ability to maintain "extra mouths".

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Who can and who cannot be fired during staff reductions

In general, the employer is free to lay off any employee of the company. However, there are especially protected categories of workers who are prohibited by law from dismissing due to staff reduction. These include

• women expecting a baby
• parents of children under the age of three,
• citizens or single mothers who take care of children under 14 and under 18, if we are talking about children with disabilities.

With regard to minor employees, their dismissal when downsizing is possible only when a special commission of the labor inspectorate, which protects the rights of workers who have not reached the age of majority, agrees to this.

The order of the procedure

The downsizing process is multi-stage and consists of several stages.

1. First of all, the management of the organization makes an appropriate decision and creates a written basis.

An important clarification: the dismissal of employees to reduce staff is possible only in cases where their positions are abolished in the company, and transfer to another vacancy within the company is impossible (i.e., initially, the employer must consider the possibility of transferring employees to vacant positions corresponding to their qualifications and specialization and, if available, offer them to the dismissed).

2. Then, in the manner prescribed by law, the trade union body (if there is one at the enterprise) is notified and an order is issued, which every employee who has fallen under the reduction must familiarize himself with. If any employee does not want to sign the document, this should be recorded in a special act.
3. The final stage: the final settlement with the dismissed (which is made on the last working day), as well as making the appropriate entries in the work books of employees, their personal cards and other personnel documents.

Who makes the order

Responsibility for drafting HR-related orders usually rests with HR professionals, lawyers, or sometimes the secretaries of the organization. In any case, this should be an employee who has a good understanding of the labor code of the Russian Federation and the legal rights of both the employer and subordinates. After registration, the order must always be submitted for signature to the head, without which it does not acquire legal force.

Rules for drawing up an order

This document is not particularly complex in terms of paperwork. To date, it does not have a unified sample, strictly mandatory for use. Enterprises and organizations can write it in free form, based on their own needs and understanding of the content of this document.

However, there is some information that in any case should be present in the order. It concerns

• organization name,
• Full name, positions of dismissed employees,
• reasons for their reduction.

In addition, the order must be signed by the workers themselves whose signatures will indicate that they are familiar with this document in the manner prescribed by law (here it should be noted that this should happen at least two months before the upcoming reduction).

The order can be issued both in handwritten form and printed on a computer, always in a single copy and must be certified by the director of the company. It does not need to be stamped, since since 2016 enterprises and organizations have the right not to use stamps or seals, not to mention the fact that it refers to internal documentation, which initially can only be certified with the help of a “leading autograph”. After the procedure for reducing employees is completed, the document must be transferred for storage to the archive of the enterprise.

An example of an order

This order is drawn up according to the standard scheme for such documents.

Document header

First, in the middle of the line, its full name is written (with a short designation of the essence). Then just below it is indicated locality in which the enterprise is registered and the date of the order.

Document Body

The next part is the main one. First, the reason for the reduction in staff is recorded here, then the actual order is transmitted, which includes several points.

1. The first contains the date and full name of the company, as well as those positions that are subject to abolition and the number of employees employed in them.
2. Then instructions are given to the head of the personnel department or other authorized person - here it is necessary to enter his position and full name - to bring information about the reduction in staff to those employees who are directly concerned (recall that this must be done two months before the event itself).
3. Then a paragraph is written about the requirement to prepare everything Required documents and carry out the procedure in a legal manner. Also here you need to make an indication of the preparation of a new staffing table, in which there will no longer be reduced positions. All this must be done before the fact of layoffs takes place.
4. At the end, you need to give a link to the document (i.e. name it and indicate the date of compilation and number), on the basis of which this order was issued.
5. Then the order should be approved by the signature of the head of the company, indicating his position (director, CEO or another person acting on the basis of a power of attorney, etc.), last name, first name and patronymic and signed signature.
6. Lastly, the order is brought to the attention of the employees to be reduced, who must also put their signatures on it.

The company is experiencing serious financial difficulties. In order to optimize business processes, it was decided to reduce the staff by excluding from the staff list the positions of employees, which, in principle, can be dispensed with. A more streamlined staffing structure will allow the organization to continue economic activity. You need to start the reduction process. The first step is to issue an order to reduce staff. Reducing staff is not a common thing for a personnel officer, so it’s better to have a 2018 sample of the order to reduce the staff before your eyes.

You can't deviate from the established order.

Labor legislation strictly regulates the procedure for laying off workers (Articles 179, 180 of the Labor Code of the Russian Federation). Violation of the established procedure is fraught with the fact that the reduction will be invalidated, and the laid-off workers will be reinstated at work. For the entire time of their forced absenteeism associated with the reduction, they will have to pay average earnings(Article 394 of the Labor Code of the Russian Federation).

Some employees have a preferential right to stay at work. By general rule priority belongs to employees with higher labor productivity and qualifications (Article 179 of the Labor Code of the Russian Federation).

If labor productivity and qualifications are equal, then, other things being equal, at work, for example, they leave (Article 179 of the Labor Code of the Russian Federation, paragraph 7 of Article 14 of the Federal Law of 05.15.1991 No. 1244-1, paragraph 10 of Article 2 of the Federal Law of 01/10/2002 No. 2-FZ):

• employees who have two or more disabled family members, for example, children;
• employees whose families do not have other working persons;
• invalids of the Great Patriotic War and military operations;
• employees who have been injured or ill while working in this organization.

The reduction procedure for organizations and entrepreneurs is different

Note
An employee who is on vacation or on sick leave cannot be fired (part 6 of article 81 of the Labor Code of the Russian Federation). Reducing the size or staff of the organization by exclusion from this rule is not.

The court will reinstate the dismissed employee at work and force him to pay the average wage for the period of forced absenteeism associated with illegal layoffs (Article 394 of the Labor Code of the Russian Federation, appeal ruling of the Bryansk Regional Court dated 03.10.2013 No. 33-3203 / 2013).
In addition, the court may recover moral compensation in favor of the employee.

Preparing an order according to the sample

The order of the head starts the procedure for reducing the staff of the organization. The document must include:

• the names of the reduced positions;
• date of reduction;
• phased reduction procedure;
• grounds for staff reduction (for example, the decision of the company's members).

Especially for readers, our specialists have prepared a sample order to reduce the staff

In the course of the enterprise's activities, a situation may arise that results in a reduction in staff positions by creating an order to reduce staff. At its core, this procedure consists in excluding a certain number of positions or unfilled vacancies from the staff list. In this case, the total number of staff units may remain the same. It is possible to dismiss an employee due to a reduction in staff only if his position is liquidated or transfer to another job is impossible (determined by part 2 of article 81 Labor Code RF).

If a decision is made to change the number of employees or reduce positions, the employer needs to draw up a new version of the staff list, taking into account all changes in the number of employees, job titles, division structure, etc.

The administration of the enterprise is obliged to notify the employment service in writing about the upcoming event 60 days before the dismissal of the states. The letter must contain information on the number of abolished positions, qualification requirements, professions and specialties of employees, wages for each position. The same notice must be sent to the trade union organization of the enterprise. In the event that the reduction of staff will be massive, then the employment service authorities and the trade union must be warned 90 days before the event.

The employer is obliged to inform each employee of the enterprise about the upcoming dismissal on receipt, two months before the reduction. If the employee does not agree with such a decision and refused to put his signature on the notification, an appropriate act must be drawn up.

The administration of the enterprise is obliged to notify applicants for layoffs of the availability of vacancies where employees will be able to fulfill their official duties according to qualification and state of health. If the transfer to another position requires additional training or retraining, the employer is not obliged to offer such vacancies.

The governing body of the enterprise may, without prior notice, offer the employee to quit, however, in this case, the employer will be obliged to pay compensation to the dismissed person in the amount of his average income, taking into account the period that remains before the expiration of the redundancy notice. Also, his duties include the payment of severance pay and the average monthly earnings for the entire period of employment. The procedure for dismissal without warning is drawn up in writing, and if the employee disagrees with it, the reduction is carried out in the prescribed manner.

Preferential rights of employees and grounds for dismissal

Employees with high rates of labor activity and productivity, as well as persons who support disabled family members who depend on their income and are fully supported by the employee, can take advantage of the preferential right to remain in their position. This advantage does not apply to state and municipal employees.

Employees who are members of a trade union are given the right to keep workplace, since their dismissal in connection with the reduction of the staff of the elected trade union collegial bodies of the organization, as well as structural units not lower than the shop ones, is carried out only after agreement with the higher trade union body (defined by Article 374 of the Labor Code). To do this, the employee must send to the main trade union body a draft order to reduce the staff, with copies of documents in relation to decision(defined by article 373 of the Labor Code).

The dismissal procedure is carried out no later than 30 days from the date of receipt of a reasonable opinion (consent) of the highest trade union body.

Dismissal from a position due to a layoff that occurred before the expiration of the notice period may occur:

• at the request of the employee;
• when applying the procedure for transferring to another position (workplace);
• as a result of systematic violations of discipline.

The law prohibits dismissal:

• pregnant women;
• persons with dependent children who are under 3 years old;
• single mothers (other persons) who are dependent on and raising children under 14 years of age, disabled children under 18 years of age.

Employed citizens at the age of 18 can be fired for staff reduction only with the consent of the state labor inspectorate and the commission for the protection of the rights of minors.

The procedure for dismissal of employees

According to the office work system adopted at the enterprise, the employer must issue an order to dismiss employees, indicating the reason and date. Each employee must familiarize himself with the decision of the management against signature. The case of refusal to sign is fixed by the drawn up act.

Final settlement for wages, vacation pay, other payments are made on the last day of work. The employee must be given a work book with the relevant entries, and if the employee refuses to receive the book, an act must be drawn up. In such a situation, a written notification is sent to the address of the employee's place of residence with an invitation to receive a document, or to agree to send a work book by mail.

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Retrenchment order- a sample will be presented below - compiled on the last working day of the dismissed employee. You will learn further about what precedes the issuance of this order, as well as how to fill out this document.

In what situations is the order issued?

The dismissal order for reduction is the final stage in such a procedure as downsizing at an enterprise. However, the employee who has been made redundant must be offered another vacant position in accordance with Art. 81 of the Labor Code of the Russian Federation.

If within the allotted time (at least 2 months) the reduced employee does not agree to take another position, then the employer has the right to terminate the employment contract. True, before that he must notify the trade union of the enterprise (if any) and the employment center in advance.

If the written consent of the reduced employee is obtained, the employer may terminate the contract with him even earlier than the 2-month period established in par. 2 tbsp. 180 of the Labor Code of the Russian Federation. In this case, the employer will have to pay compensation to the employee (paragraph 3 of article 180 of the Labor Code of the Russian Federation).

Other guarantees to which laid-off workers are entitled are mentioned in paragraph 3 of Art. 13 of the law of 19.04.1991 No. 1032-1.

You can learn more about personnel documents at the enterprise from our article. .

What documents are needed to apply for a staff reduction?

The following steps precede the final dismissal of an employee due to staff reduction:

• Issuance of an order to carry out a number of measures at the enterprise related to staff reduction. This document should not be confused with the dismissal order in connection with the reduction, which is issued personally for each downsizing employee. The order on carrying out measures for the upcoming reduction indicates the date of the upcoming reduction and records the planned changes in the staffing table. The period of notice of reduction should not be less than 2 months, and in case of mass reduction - 3 months.

You can familiarize yourself with the procedure for filling out the staffing table when studying our article. .

• Drawing up notices for employees subject to reduction and handing them over against receipt. Such a notification should contain information about the upcoming reduction, as well as a proposal to transfer to another position (Article 180 of the Labor Code of the Russian Federation). The employee who fell under the reduction must decide whether or not to accept this offer. In case of refusal, the employer may continue to offer the employee who has been made redundant to take the emerging vacancies up to the day of dismissal. If the employee has not given his consent to the transfer, he will be fired.

How to make a reduction order?

On the day of dismissal of the employee who fell under the reduction of staff, a dismissal order is issued. It indicates the grounds for dismissal with reference to paragraph 2 of Art. 81 of the Labor Code of the Russian Federation. In the line in which it is necessary to indicate the basis document, a reference is made to the order to carry out a number of measures related to staff reduction, displaying its date/number.

The dismissal order is drawn up by a personnel officer, and signed by the head of the enterprise. A reference to the order for dismissal by reduction is made in work book on the same line as the termination note employment contract(contract) due to downsizing.

Where can I find a redundancy order form?

The form of the initial order for a number of measures related to the reduction of staff has not been approved, therefore this document can be drawn up in an arbitrary format. It indicates the reduced positions, the basis for dismissal. The order is endorsed by the person responsible for maintaining personnel records. This appointed officer will be entrusted with the observance of the conditions listed in art. 180 of the Labor Code of the Russian Federation. In some cases, a commission may be created to carry out measures to reduce staff - this is also indicated in the order.

Employers prefer to use the unified T-8 form when drawing up a dismissal order due to staff reduction. Although this form is no longer mandatory for use, it is still the most convenient of all that one could think of. It is this form that is used in many personnel software products.

You can download the order form, modeled on the current T-8 form, on our website.

Where can I download a sample order?

Due to the fact that dismissal due to staff reduction is the most problematic (dismissed employees often dispute the dismissal, pointing out that due process has not been followed), it is important to thoroughly follow the procedure established by law and draw up a dismissal order correctly.

The reduction in the number of employees is understood as a decrease in the number of employees occupying the same positions. And downsizing is a change in the staffing table, in which certain positions are excluded from it (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). Obviously, these "types" of abbreviations often accompany each other.

Note that the management of the organization independently makes a decision on the reduction and is not obliged to justify it in any way to the employees (clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2). It is issued in the form of an order to reduce the number.

Personnel documents issued during the reduction procedure

If the manager has already issued an order to reduce the number and / or staff, then further it is necessary to prepare a notice of the reduction of employees and submit it to the employment authority at the location of the employer, as well as to the trade union organization, if there is one in the company (paragraph 2 of article 25 Law of the Russian Federation of April 19, 1991 N 1032-1). After the list of employees who have fallen under the reduction is ready, each of them will need to be personally notified of this in writing no later than 2 months before the dismissal (Article 180 of the Labor Code of the Russian Federation). In addition, the employer must offer such employees (you can directly in the notification) to move to other positions if there are vacancies in the organization.

If the employee refuses to take a vacant position, then he will have to part with him: it will be necessary to issue an order to dismiss him due to a reduction in the number or staff (), make an appropriate entry in his work book and pay him in full.

How to issue an order to reduce the number of employees

The order to reduce the number of employees is drawn up in any form. It should state how many units and for what position are being reduced, from what date changes are introduced, and who will be on the commission to carry out reduction measures (names of employees and positions held by them are indicated).