What to do with the reduction of the employer, it is written in detail in Art. 81-82 of the Labor Code of the Russian Federation. You must notify employees of the upcoming reduction no later than 2 months before the date of dismissal. In some cases, the notice period may be up to 3 months. Moreover, it is necessary to notify employees in writing and against signature. In addition, it is necessary to submit information about the upcoming reduction to the authorities of the employment service and representative body workers (trade union), if it is created and works at your enterprise

In the event that the reason for the reduction of staff is the abolition of posts or vacancies, draw up and approve a new staffing. These measures will allow you to legally competently draw up a reduction and insure yourself in case employees try to challenge it in court.

As for the employee, you can challenge the decision of the employer in case of violation of the above points of the regulation or in case of non-payment of the due maintenance for two months. If you do not find work during this period, your former enterprise will be obliged to pay you a financial allowance for the third month of forced idleness.

You are required to accrue and issue cash payments and due compensation on the last day of work. In the event that you no longer worked on that day, the money, according to Art. 140 of the Labor Code of the Russian Federation, you are required to pay in full the next day after applying for them. IN total amount includes: salary last month work, compensation for unused basic and additional leave, severance pay in the amount of average monthly earnings. Average earnings are retained by you for a period of no more than two months from the date of dismissal for the period while you are in search of work.

On the last working day at this enterprise, you should also receive a work book in your hands, in which an entry will be made about the dismissal, and all your other documents related to work. After receiving the calculation, apply for further compensation payments only to the territorial employment service.

In this case, the dismissal of an employee occurs at the initiative of the employer and arises as a result of a reduction in staff positions or positions in the enterprise and is regulated by Article 81 of the Labor Code. Consider step by step order actions, compensation due to the employee and some of the nuances that may arise. We will also determine which categories of citizens fall under such a wording, and which do not.

General concepts

Reduction is a fairly legal tool that an employer resorts to in order to “optimize” the staff. But in turn, this can cause a number of problems for the employer and an additional financial burden, so they often resort to a trick - “you have been laid off, write a statement on your own - this wording is better.” It all depends, among other things, on the initiator of the process.

Of course, all actions during such a dismissal must be observed in accordance with the law and deviations from it can bring problems to the organization. Therefore, it is in the interests of the employer to do everything right so that the employee does not go to court.

Preferential right of the employee not to be laid off

It is worth noting an important point that certain categories have an advantage when compiling a list of employees:

• When an employee is on vacation
• With temporary disability
• It is forbidden to dismiss the following employees - pregnant women and women who have a young child under the age of 3 years
• A single mother who is raising a child under 18 who is disabled or a minor under the age of 14
• Leave an employee with more than high performance labor and qualifications
• If the choice fell on employees who are in equal positions, then priority is given to family employees who have 2 or more dependents; in whose family there are no other persons with independent earnings; who received an occupational disease or work injury from the employer; participants in hostilities or the Second World War; workers who improved their qualifications on the job.

Attention! If these requirements are not met, the employee may apply to the labor inspectorate. After compiling the list, the employer must take the following actions, which we will write down in steps.

Dismissal to reduce staff step by step instructions

Step 1. Issuing an order to carry out the reduction

For the legality of actions, it is necessary to issue an order. For understanding, we note that the order to dismiss and the order to reduce staff are different documents. The very form of the order to carry out measures to reduce the staff does not have an approved form, however, its preparation requires a responsible approach. It must reflect the date of reduction and reflect the changes made to the staffing table. A new approved staffing table will also be required.

Step 2. Notifying employees, offering other vacancies

According to the rules of the Labor Code, the employer is obliged to notify the employee 2 months before the onset of a reduction in staff, headcount, or in the event of liquidation (bankruptcy) of the company. Based decision a new staffing table and an order are issued, which are brought against signature to each employee who has been made redundant.

In the event of reorganization or reduction, but not liquidation, the employer's obligation is to offer employees who have fallen under the reduction all vacant positions corresponding to their experience and qualifications (clause 3 of article 81 of the Labor Code). But in practice, the organization simply “forgets” about it, and employees simply do not know about it.

Important! The employer must, as soon as a vacancy appears at the enterprise, offer them to the reduced persons up to the appointed day of dismissal.

Upon receipt of a notification with the proposed vacancies, the employee has the right to agree to such a place or not. In the first case, the employee is transferred, and in the second, the employee is fired.

Important! If the employer did not offer employees other vacancies, then such a reduction may be recognized as illegal.

Step 3. Notification of the trade union organization and the employment service authorities

If there is a trade union organization, it must also be notified of the ongoing reduction. The issue of timing was controversial for some time, but by definition No. 201-O-P, which was issued on January 15, 2008, the deadlines were set - to notify 2 months before the date of dismissals, in case of mass actions - 3 months.

The opinion of the trade union organization must be sent to the employer within 7 days, otherwise it will not be taken into account. If the trade union does not agree on the fact of dismissal, consultations must be held within 3 days, and they should be recorded. If consent to these actions and agreements were not reached within 10 working days, the employer has the right to make a final decision on the reduction.

By the same principle, it is necessary to notify the employment service. Notifications approved by government decree No. 1469 of December 24, 2014 - with a reduction in the enterprise for 2 months (download the notification form. According to Appendix No. 1) or for mass layoffs, then 3 months (download the form. According to Appendix No. 2).

Step 4. Dismissal order

For the final initiation of dismissal, it is necessary to issue an order in the form T-8. At the same time, in the column "reason" it is necessary to indicate the reason for dismissal - to reduce staff. After that, the order must be signed by the director and also, after familiarization, signed by the employee.

Step 5. Entry in the work book

Next, you should make the appropriate wording in the work book, in which the reason is displayed - reduction, referring to the article of the Labor Code. For example, “The employment contract was terminated due to the reduction in the staff of the organization’s employees, clause 2, part 1, art. 81 of the Labor Code of the Russian Federation.

Step 6. Entry in the work book registration book and employee card

Simultaneously with the issuance of a work book to an employee, you should receive a signature from him in the journal for issuing work books. And then you need to enter the data in the employee's personal card - the date of dismissal and the reason.

Step 7. Layoff for redundancy payment of benefits

Let's look at what benefits and payments are due to the employee. It is the fulfillment of obligations under this paragraph that pushes the employer to negotiate with the employee, and sometimes intimidate him, in order to write him a statement on own will. Payments are regulated by Art. 178 TK.

Upon dismissal due to redundancy, the employee is entitled to a severance pay, which amounts to the amount of one average monthly salary, and the average monthly salary is retained for the period of his employment, not exceeding 2 months. Upon dismissal, the employee is issued a certificate of his average monthly earnings (including the amount of severance pay). If within 2 months the employee did not find a job, then the organization is obliged to pay the employee for another 2 months.

To receive these compensations, the employee must register with the employment service. In exceptional cases, by decision of the service, the employee may be paid for the third month. For payment, the employee must provide the employer with his work book, in which there are no employment records, including an application. Payments are made after 2 months from the date of dismissal.

Read also: An employee who has entered into an employment contract must

In addition, the employee is entitled to standard payments - compensation for unused vacation(if any) and with it the calculation for the days worked.

There is also an early dismissal of an employee, if he signs a written consent. In this case, he is paid ahead of schedule all due payments, including for the period before the end of the term of work.

After signing the documents, it is necessary to pay the employee on the last day of his work.

Appealing actions by an employee in court

When misconduct The employee has the right to sue and appeal the decision. To do this, within a month from the date of receipt of a copy of the dismissal order (or receipt of labor, or from the date of refusal to receive an order or labor under Article 392, part 1 of the Labor Code), it is necessary to file an application with the district court to recognize such dismissal as illegal, as well as to recover from the employer during his absence the amount of average earnings.

By decision of the court, the employee may be reinstated at his previous place of work and may also recover in his favor the amount of compensation for the time of absenteeism. In particular, they can change the wording according to which the employee was dismissed to dismissal of his own free will (parts 3, 4 of article 394 of the Labor Code), as well as award moral compensation.

You may also be interested

Article on the responsibility of employers in case of delay in payment of wages.
Dismissal by agreement of the parties, the pros and cons.
Dismissal for absenteeism step by step instructions.
Dismissal at will.

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The rights of an employee in case of reduction

Recently, downsizing has become a fairly common procedure. This is due to the desire of the employer to make the work of the enterprise more efficient. However, in this case, ordinary workers may suffer. Being poorly versed in the legislation, not all of them know the rights of an employee in case of reduction. Many are afraid that, taking advantage of this, the administration may violate the guarantees provided to the laid-off employee and not produce all necessary payments.

Everyone needs to know the rights of an employee during reduction

Employers, in turn, strive to fully respect the rights of the dismissed person due to redundancy, to fulfill all the formalities of dismissal of this type, so that subsequently the dismissal could not be recognized as illegal. After all, this may entail additional financial losses for the employer, such as payment for forced absenteeism.

Main steps

High-quality preparation for the reduction is also necessary to retain the employees necessary for the smooth and efficient operation of the organization. Mistakes, insufficiently thorough planning and implementation of the reduction can lead to both serious financial losses and significant administrative and legal consequences.

What actions should the company take before the announcement of the planned staff reduction? It depends on the internal situation in the enterprise:

• reasons for taking this decision(decrease in production, liquidation or bankruptcy of the company, cost reduction, and so on)>
• what is the general financial situation in the company (is it possible to pay compensation, pay for retraining, employ the laid-off employees)>
• Is there a trade union in the company?

The role of the trade union committee

If there is a trade union at the enterprise, it, as a rule, seeks to protect the rights of workers to the fullest extent. Elected trade union bodies have certain rights:

• monitor compliance with the order of ongoing measures to reduce staff>
• to make proposals for changing the approach to layoffs, optimizing the ongoing layoff process, and so on.

What does the Labor Code say?

An employer has the right to dismiss a redundant employee only when:

• there is no possibility of its translation,
• with his consent
• to another position (possibly with retraining).

The employer can offer the employee not only positions corresponding to his specialty and qualifications, but also other work that the employee can perform, taking into account the existing education, health status and practical skills. With the consent of the employee, the employer draws up his transfer to another position. If the employee refuses the provided work in another position or if the administration does not have the opportunity to provide another job, then there is a dismissal due to a reduction in staff according to the Labor Code.

Employees not subject to dismissal

However, not every employee can be fired due to staff reduction. The workers themselves and the trade union organization must carefully monitor that there is no violation of the rights of the worker during the reduction. Some employees cannot be fired for the following reasons:

• women with children under three years of age>
• pregnant women>
• single mothers with children under 14 years old (if the child is disabled, then up to 18 children)>
• a man who is on parental leave instead of his mother>
• a man raising children without a mother (in the event of her death, deprivation of parental rights, prolonged stay in a medical institution for more than 1 month, other reasons)>
• an employee who is the guardian of children of this age.

In addition, an employee who is on sick leave (in case of temporary disability) is not subject to dismissal.

Who is left at work?

There is a fairly extensive list of categories of employees who have the preferential right to stay at work with a reduction in staff:

• workers with higher qualifications, labor productivity>
• family persons who have at least two dependents>
• employees whose families do not have other self-employed workers>
• disabled>
• combat veterans.

Dismissal Notice

The employer must respect the rights of the redundant employee

The employer is obliged to warn the employee in writing about his dismissal due to staff reduction at least 2 months before the scheduled date of dismissal. Before the expiration of this period, the administration cannot dismiss the employee without his consent, otherwise there will be a violation of the employee's rights during the downsizing.

To restore their rights, an employee can go to court, which is able to change the date of dismissal. In addition, the employer will be forced to pay the employee average earnings for the entire time of forced absenteeism (starting from the moment of dismissal and ending with the expiration date of the warning period).

In addition, the employee is entitled to a reduced work week in case of a redundancy warning. After receiving notice of the reduction of his position, the employee has the right to leave for 4 hours a week during the next two months remaining before the date set for dismissal workplace to search for a job.

Compensation instead of notice

In return for a notice of dismissal upon reduction, the employee has the right to receive monetary compensation from the employer, which will be equal to two months of average earnings. The administration can offer such compensation during all two months for which the notification is issued. However, the amount of compensation will be calculated in proportion to the time remaining until the end of the notice period. In this case, the administration dismisses the employee without waiting for the end of the warning period, at the same time work book in the column "reason for dismissal" there will be an entry "dismissed due to staff reduction".

The payment of compensation does not relieve the employer of the obligation to pay the employee severance pay. The right to accept or not accept this offer remains with the employee.

Compensation and benefits in connection with the reduction

On the last working day, a full settlement must be made with the employee and all allowances and compensations due to him must be paid. If this day was not a working day for the employee, then all cash must be paid after the employee's request:

• monthly salary >
• severance pay (equal to average monthly earnings, paid for two months)>
• if the employee has not used his vacation before the date of dismissal, he receives compensation for vacation days.

The right to leave upon dismissal for downsizing implies the receipt of regular or additional leave. But in this case, he is deprived of the right to compensation, and the dismissal procedure will be continued after his release from vacation.

In addition, other payments or increases in the size of severance pay are possible, which are provided for by an employment or collective agreement.

Read also: Termination of an employment contract with a foreign worker

If the reduction falls on vacation

The rights of an employee in case of redundancy can be found in the Labor Code of the Russian Federation

According to the labor code, during the vacation, the employee is released from the performance of official duties, and therefore from the obligation to comply with any orders of the employer. An employee has the right to rest during vacation. He shouldn't be looking for work. To do this, a period of validity of the notice period is provided, which is a measure aimed at minimizing the consequences of the loss of work.

Since the loss of work caused by dismissal to reduce the number / staff does not occur due to the fault of the employee, it is fair to recognize for the employee the right to demand not to include vacation time in the period of notice of dismissal. Otherwise, there is a violation of the employee's right to rest.

There is no direct prohibition on notifying an employee about the dismissal procedure during the vacation period in the law. Therefore, the employer may try to take advantage of this, thereby damaging the interests of the employee.

Since the situation with vacancies may change significantly during the notice period, an employee who has been made redundant during a vacation may be able to apply for new positions that have appeared. In addition, during the period when an employee is on vacation, the company is forced to limit itself in hiring other employees, since the relevant positions must first be offered to the dismissed employee, and there are not enough grounds for recalling him from vacation.

Downsizing at work: employee rights

September 5, 2016

The dismissal of employees to reduce staff is a long and very responsible process for any employer. Because it involves notifying the persons to be reduced two months before the date of its implementation, as well as paying them all the money due, which must be issued on the last day labor activity. In addition, the employer must offer this category of subordinates available vacancies, and also prevent the hiring of new people.

Preparing to cut

Before carrying out layoffs to reduce staff, the employer must fulfill several conditions:

- change the existing staffing table or approve a new one, which would show the impossibility of expanding the staff more than the positions laid down in it;

- notify subordinates about this 2 months in advance;

- offer workers other vacancies that are available in the organization;

- notify the employment authorities within the period specified by law.

If a citizen already knows in advance that there is a reduction at work and that he falls under it, then you can immediately discuss this issue with the manager. After all, you can get all the necessary payments before a two-month period and quickly find a new vacancy, unless, of course, you can’t stay the same.

Making redundancies is expensive

In fact, the dismissal of employees due to downsizing is not only a long time, but also not a very cheap procedure. At the same time, the boss needs to pay people not only wages and compensation for vacation that was not used, but also severance pay for two months. In addition, if a citizen, after the reduction, registers with the employment center no later than ten days from the date of his dismissal and is not employed by him, then in this case he will receive cash benefits from the former leader for the third month. That is why many employers try to bring their subordinates under dismissal of their own free will. Then you don't have to pay them that much money.

In the event that there is a reduction in work, but the boss nevertheless forced the objectionable employee to leave of his own free will, such a dismissal can be appealed through the court. Only for this you will need witness testimony and documentary evidence. this fact. Otherwise, it will be simply impossible for a subordinate to recover at work and receive all the money due.

Notification

The manager warns the employee about the upcoming reduction 2 months in advance. The notification shall be made in writing and handed over to the person against signature. Otherwise, the employee will not be considered aware of the upcoming dismissal, which can subsequently cause great trouble for his boss, up to and including litigation.

In a situation where there is a reduction in work, the rights of the employee should not be infringed upon by his boss. The latter is obliged to offer the former all available vacancies that can be specified in the notice itself.

The cut notice looks like this:

00.00.00 _______________

Dear __________________ (full name of employee)!

We notify you that due to the downsizing of your position, _____________ is subject to reduction by __________ (the number, taking into account two months from the specified date of notification).

We offer you a choice of available vacancies ______________ (name of vacancies). In the event that you agree to work in another position, please inform the Human Resources Department of the organization (name) Human Resources Specialist in writing before the expiration of two months from the date of receipt of the notification.

Sincerely, Director of LLC ________________ (signature transcript).

From the moment when the subordinate was notified of the upcoming reduction, a two-month period begins to expire, after which he is subject to dismissal with all payments due to him, unless, of course, he agrees to another proposed vacancy.

When a person is dismissed on the basis of paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, the manager must fully pay him and pay:

- Salary for the entire period of work.

— Compensation for vacation, if it was not used. If the employee was already on vacation, but the period was not fully worked out, then with a reduction in deductions from his salary, no deductions are made for this.

- Severance pay in the amount of two months' earnings. In the event that an employee, after dismissal, applied to the employment authorities, but was not employed, he retains this earnings for the 3rd month. At the same time, you need to provide the former management with your work book or a certificate from the employment center that he is registered with them.

Full settlement with the employee must be made on the last day of his labor activity, otherwise it will be a violation of Article 140 of the Labor Code.

The right to keep a job

If there is a reduction at work, then only those persons who have the highest labor productivity and qualifications have the preferential right to retain their jobs.

In the event that all employees are of equal productivity and high qualification, preference should be given to an employee who:

- has two or more dependents, for whom the salary this person is the main source of livelihood;

- is the sole breadwinner of the family, if none of its members has a job or other income;

- received a disease in the course of work or other serious injury in this organization;

- is a disabled person of the Great Patriotic War or a disabled person who was injured during the defense of the Fatherland;

- improves his level of education in the direction of management without interruption from work.

Paperwork

After all the measures taken related to the dismissal to reduce staff, there comes a moment when the employee must be given the work book and all payments due. After that, he must sign the order confirming this fact.

When preparing an order, the personnel specialist of the organization must indicate in it the exact wording of the grounds for dismissal, indicating the paragraph, part and article of the Labor Code. After that, fill out a work book, put your signature in it and certify all this with the seal of the organization. The entry in the labor should be as follows: "Dismissed due to redundancy on the basis of clause 2 of part 1 of article 81 of the Labor Code of the Russian Federation." Other wording is not used, because a citizen is fired from a job due to redundancy, and not for other reasons.

All documents related to the implementation of a person's labor activity, as well as all the funds due to him, must be issued to the employee on the day of dismissal.

Invalid moments

At a time when there is a reduction in work, it is unacceptable to accept new people for existing vacancies. This will be a serious violation on the part of the manager, since he must offer these vacant positions only to persons who are threatened with dismissal on this basis. The level of education of employees in this case does not matter.

It is unacceptable, in the final financial settlement, to deduct from the salary of an employee for annual leave that has already been granted, if at the same time 12 months have not been fully worked out.

In a situation where there is a layoff at work, the rights of the employee in no case can be somehow infringed on the part of the management. This primarily applies to timely payments, otherwise the dismissed person may apply for protection to the judicial authorities.

Decline in production in many industries is a normal consequence of global economic crisis. As a result, the owners of factories and enterprises are forced to significantly reduce the number of employees. The procedure for dismissal of employees must be carried out in accordance with all the rules. The employer does everything so that after that the staff can again get a job in the appropriate position.

Step one

Reduction of employees must be documented. The employer issues an order that describes the total number of layoffs. A new schedule of specialists is approved, according to which the organization or enterprise will work in the future. Here it is indicated total strength employees after the reduction procedure, as well as the date the new schedule enters into force. The number of employees of all categories or individual specialties may be reduced per enterprise. can only be carried out with the restructuring of the organization. In most cases, only 15-20% of employees from the total staff are fired.

The employer is obliged to inform the employment service in advance about the upcoming reduction of employees. If there is a mass dismissal of personnel, it is worth sending an advising letter no later than three months before the procedure. It is necessary to notify the employment service 90 calendar days in advance if it is planned to dismiss more than 50 employees in one month or more than 200 workers in three months. Mass reduction is the liquidation of an enterprise or organization. Depending on the territorial and economic characteristics of a particular region, other factors of multiple layoffs may also be established. Any deviations from generally accepted norms are approved by local governments.

step two

After the decision to reduce the staff is made finally and irrevocably, it is necessary to choose the specialists who will be subject to dismissal. In this case, it is imperative to comply with the rule of preference for leaving the workplace. Some employees cannot be fired for a number of reasons. According to the Labor Code of the Russian Federation, the reduction cannot apply to women on maternity leave, employees with children under three years of age, single mothers who take care of a minor child, as well as other persons who take care of a disabled person or a minor.

C describes who can be given the priority right to remain in the workplace. Layoffs are the last resort for employees with extensive experience and high qualifications. High performance must be documented. The employer cannot make a decision based on his own preferences. The qualifications of a specialist may be evidenced by such factors as the presence of a higher vocational education, a large number of past certifications. Persons with or rank are the last to be fired.

If all employees of the enterprise have equal conditions, preference is given to employees who have more than one minor child. Employees who have previously been maimed or injured at the enterprise cannot be made redundant. Also, participants in the Second World War or other hostilities are not fired.

Preference may also be granted to persons who are the authors of any inventions. IN government organizations and military units, preference is given to the spouses of servicemen. Layoffs are the last thing that concerns them. Citizens dismissed from military service and those who have entered a job cannot be deprived of their first position. They are also given a preferential right to remain in the workplace.

A specific organization may also describe other categories of specialists that may have an advantage in dismissal. The main ones are described in the Labor Code of the Russian Federation. The reduction must be carried out in accordance with all rules and regulations.

Step Three

The employer must notify each employee who is subject to redundancy in writing. All the nuances are described in Part 2. Everyone receives a written dismissal for the reduction of an employee. Also, the head can report personally against receipt. This must be done no later than 2 months before the date of the upcoming dismissal. This allows the employee to find another decent job.

Often there are cases when employees refuse to put their signature under the order to reduce. In this case, the procedure is a little more complicated. The employer has to send a notification letter to the home address. In parallel, a special act is drawn up on the refusal of the employee to familiarize himself with the dismissal order. If the employee later goes to court with a demand to understand the grounds for dismissal, the employer will be able to present everything without any problems Required documents. The employee reduction procedure will be followed correctly.

Step Four

According to the Labor Code of the Russian Federation, when an employee is laid off, the employer must offer him in writing a transfer to another job. Employment measures will help people who are made redundant to re-employ an appropriate position in another organization. Such measures are only supportive. The employee has the right to refuse the offered vacancy and independently find another one. In some cases, an internal transfer is possible. That is, at one enterprise, a specialist is reduced from one position and goes to another. At the same time, a new schedule of employees must be drawn up, as well as job descriptions approved. They describe the new workplace, as well as the nuances of remuneration.

First of all, a specialist can be offered a position that corresponds to his qualifications. If there are none, a vacancy for a lower position may be offered. It should be borne in mind that wages in this case will be slightly lower. Jobs may be offered that correspond to the qualifications of a specialist, as well as his state of health.

In the event that the employee agrees to the proposed vacancy, a transfer is made as soon as possible. Resignation is documented. A special act is drawn up, which must be signed by the employee who has fallen under the reduction. If the employer cannot offer a position that meets the qualifications of the employee, an act is also drawn up on the impossibility of transferring to another position.

It should be borne in mind that the reduction of employees is possible only when it is impossible to transfer them to a similar position in another department. Failure to comply with this requirement is a serious violation labor code and assumes the responsibility of the employer. To protect yourself from litigation, the head of an organization or enterprise should receive a written refusal from an employee undergoing a reduction to be transferred to another position.

Step Five

The procedure for reducing an employee who is a member of a trade union is somewhat more complicated. In accordance with the Labor Code of the Russian Federation, the employer must send a copy of the document to the trade union organization, which is the basis for the upcoming reduction. Additionally, a draft dismissal order can be sent. This procedure is performed one month after the employee's notice of dismissal for a partial reduction and two months for a mass reduction. The trade union body may consider this issue for no more than seven working days. Followed by a written response with recommendations.

Often there are cases when the union does not agree with the decision of the employer to reduce a particular employee. In this case, within three days after the written response, the parties must meet and discuss the details. The results of such a meeting are documented in writing, and all the nuances of the negotiations are recorded in the minutes. Within ten days after the negotiations, the employer already makes the final decision. The procedure for reducing an employee in the future takes place according to all the rules. The employer's decision can be appealed to the state labor inspectorate. Upon receipt of a complaint, the issue is considered within 10 working days. If the reduction procedure was carried out illegally, the employee may be reinstated in his position.

If an employment contract is terminated with an employee who has not yet reached the age of 18, in addition to the trade union organization, the employer is also obliged to notify the inspectorate for the rights of minors. Only after obtaining consent from this organization, the employee can be reduced.

Step Six

With the written consent of the employee, the employer has the right ahead of schedule terminate his employment contract. At the same time, an additional allowance is paid in case of reduction, which corresponds to the amount wages for the remaining business days. Compensation is calculated according to job description a particular employee, as well as the number of working hours until the date of dismissal. The early dismissal procedure is carried out in accordance with the 3rd part of Article 180 of the Labor Code of the Russian Federation.

Employer creates a cease and desist order employment contract. The rights of the employee must be observed during the reduction. It is not allowed to dismiss employees during the period of their temporary incapacity for work or stay on paid leave. The only exception is the complete liquidation of the enterprise. In this case, the mass reduction occurs without notifying the trade union organizations.

Each employee must be familiarized with the reduction order no later than three working days from the date of its issuance. The employee puts his signature in the corresponding protocol. By this he confirms that he was informed of the dismissal. The order to reduce must be registered in the journal of orders.

step seven

The employer is obliged to pay employees a redundancy allowance. The calculation is made in accordance with the Additional compensation is paid for all unused vacation days. If an employment contract is terminated due to the liquidation of an enterprise or organization, the employee is entitled to a payment equal to the average monthly salary. In addition, the employee retains the average monthly earnings for the period of employment, subject to applying for help to the employment service. At the same time, payments can go no more than two months from the moment of official dismissal.

In the work book of a specialist, an entry about the termination of the employment contract necessarily appears. The reason why the person was dismissed from the organization is indicated. Employees who have been made redundant have far more benefits. They manage to find much faster high paying job than those who resigned from the previous place of their own free will. All entries in the work book are entered in accordance with the rules for maintaining and storing corporate documentation No. 255. The calculation of a specialist, as well as the issuance of a work book to him, are carried out directly on the day of dismissal. If at this time the employee is not on site, the calculation is made on demand. As soon as a person arrives at the organization from which he was dismissed for redundancy, he can submit a claim for settlement in writing. Retrenchment benefits are paid no later than the next business day.

Downsizing Report

When reducing an employee, the employer is obliged to notify the employment service that the dismissal procedure has been carried out. This must be done within 10 days after the termination of the employment contract. For late submission of a report on dismissals, the head of an enterprise or organization faces penalties. The state will have to pay serious compensation equal to the annual salary of a laid-off employee, information about which was not received by the employment service. Penalties can be imposed both on private entrepreneurs ( individuals), and on organizations (legal entities).

Often, the employer enters an entry in the employee's work book incorrectly. This is done intentionally so as not to draw up unnecessary documentation. The fact is that the dismissal "by agreement of the parties" does not require additional notification of the employment service. At the same time, the dismissed employee receives exactly the same rights as with the reduction.

The employer is obliged not only to submit the reduction report in a timely manner, but also to fill it out correctly. The document must indicate the passport data of such an employee, the name of his position, the profession code in accordance with the labor code, the qualification level of the employee, his additional education may be indicated. If he has a disability, the group must be specified. All this data will help employees of the employment service to quickly find a suitable position for a dismissed person.

The report must be prepared by the employee who takes leadership position, or his substitute. The document is certified with a wet seal and signature.

What should an employee do when laid off?

Reducing employees during the economic crisis is a normal procedure for which everyone should be prepared. Understanding that an employee can be fired is quite simple. One has only to imagine whether production will suffer if a person quits of his own free will. If not, then the employer can easily reduce it at the first need. First of all, those who work unofficially are fired. Therefore, everyone should strive for employment in accordance with all the rules of the Labor Code of the Russian Federation.

Often, employees are faced with a proposal from their superiors to write of their own free will. Under no circumstances should such a statement be made. The benefits for the employer can be enormous. There is no need to pay severance pay and fill out a lot of paperwork. Dismissing a redundant employee is a lengthy and time-consuming procedure. But the employee can not terminate the contract at his own request. Not only will you not be able to receive severance pay, but also payments from the employment service will begin only three months after registration.

The notice of the employee about the reduction always comes in advance (no later than two months before the upcoming date of dismissal). During this time, everyone has the opportunity to find a decent job. In addition, the employer himself is obliged to offer a job in another department if it is vacant. Valuable specialists always valued. Therefore, it is necessary to do your job conscientiously so that you are always in a good position.

Summing up

Staff reduction can occur without incidents if the employer performs it in accordance with the rules of the Labor Code of the Russian Federation. Do not despair if you had to sign a dismissal order. High qualifications and experience are of great importance. Good worker can always find the right vacancy. And specialists of the employment service of the population are always ready to help in this.

Instruction

Before issuing an order on the upcoming number or, it is necessary to exclude all vacant positions available on this moment in the organization, otherwise you will have to offer them as alternatives to the laid-off employee.

We issue an order (instruction) on dismissal in connection with the reduction in such and such a position in such and such a department after two months from the date of issuance of the order. We introduce a person whose position falls under the signature, if the person does not fall under the category of people who are not subject to this stage time, according to the Labor Code of the Russian Federation: single, raising children under 14 years old, women with children under the age of three years, the only breadwinners in the family.

After that, we fill out a special form from the Employment Center, where we indicate the position, age, total work experience and work experience in this position. Completed, we assure the signatures of the HR specialist and the head of the enterprise. We transfer the finished form to the Employment Center.

Next, we are preparing an official for, where we inform the members of the trade union organization that such and such an employee has been warned two months in advance about the upcoming reduction. The trade union is obliged, upon the fact of this letter, to hold a meeting and provide you with the minutes of the meeting.

Within two months, personnel officers are required to offer the reduced employee all the vacant positions available at that time that are suitable for his qualifications. All this is drawn up in the form of an act with the signatures of the abbreviated worker on consent / disagreement to the proposed position and personnel officers. If there are no vacancies, then personnel workers must still notify the laid-off workers in writing against signature about the absence of vacancies within two months.
After two months, if the employee was not provided with another position, due to a reduction in the number or.

Sources:

• how to fire an employee

Some organizations are forced to cut staff in order to get out of the current financial crisis. Of course, the employer must approach the reduction of employees with all responsibility and be guided by the Labor Code of the Russian Federation, because non-compliance with the requirements of the law threatens him with penalties.

Instruction

Next, file a redundancy notice with the employment center in your county. In it, indicate the positions job requirements imposed on employees, the amount of remuneration for each downsizing employee. Make a notification in duplicate, one of which will remain in, and the second with a mark - with you. Please note that you need to submit this application two months before the layoff, and if you are laying off more than 15 people, three months before.

After that, notify the employee of the upcoming termination of the contract. IN this letter indicate the date of reduction, the reason. Remember that you need to notify no later than two months before dismissal.

You can also offer him another position, indicate this possibility in the notification. The employee, in turn, must sign, which will mean his consent.

If the employee refuses to sign, that is, he does not agree with the upcoming reduction, draw up an act of refusal. Please note that you cannot reduce pregnant women, mothers who are in, single mothers and other categories of workers provided for by labor laws.

After two months have passed, you must prepare the documents for dismissal. First, pay the employee all unpaid wages for the period worked, compensation for unused vacation, severance pay, which is equal to the average monthly wage.

After that, draw up an order to terminate the employment contract, referring to Article 81 of the Labor Code. Then enter the information in the employee’s work book, make the wording in it: “The staff of the organization was dismissed, clause 2 of part 1 of article 81 of the Labor Code Russian Federation».

Don't forget to approve the new staffing as well. And enter information into the employee's personal card, that is, put a note on dismissal.

Of course, there are no irreplaceable people in business. And the company can do without any specialist, at least temporarily. That is why during a crisis, management tries to reduce costs by making global cuts. But you can try to become a valuable employee, and then the trouble will not affect you. After all, there is a special attitude towards valuable employees.

Instruction

Feel free to submit yourself. Sometimes diligence and excellent results alone are not enough, simply because the management does not even suspect who drags the department on itself from month to month. Feel free to showcase your accomplishments and successes. After all, it is really your successes and achievements.

Demonstrate optimism and confidence in the future of the company to management. Everyone loves to see satisfied and happy faces around. And your boss is no exception. If there is a choice between an eternally grumbling and dissatisfied grumbler and a cheerful, active, optimist ready for a feat, the leadership will prefer the latter. Of course, with equal professional qualities.

Become a trusted assistant to the boss. It means "the most-most boss." To do this, you need to constantly be with him, feel real sympathy for the leader and be a good psychologist. Please note that the conversation is about the fact that at the right moment the "big boss" always looks for you with his eyes, and it does not matter whether you know how to repair his I-Phone or you always have blank paper for notes.

Become the "face" of the company. Try to gradually transfer all representative functions to yourself. Over time, it is you who will become the personification of the company for business partners. Changing such an employee can be very difficult for management. But keep in mind that this option requires a lot of effort and the ability to never get tired. The next option is much easier.

Lock in most of your work contacts. Create a database for the main ones and make it as difficult as possible for other employees to access it. Build special relationships with suppliers or customers based on personal relationships. But do not forget: management must be aware of these relationships and understand that if you leave, the company will lose too much.

Feel free to take on additional responsibilities. If you are seriously afraid of layoffs, the call-to-call form of work is not for you. Your task is to work overtime without demanding a pay rise, meekly go to the workplace on weekends. This is the easiest option. But are you ready for such sacrifices?

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Useful advice

To understand whether you are a valuable employee, answer just five questions:

Will your departure cause disruption to your department?
- Is it difficult to find a specialist to replace you?
- Does a new employee need complex preliminary training before being put into a position?
- Do you have information, the transfer of which to third parties can cause damage to the company?
- Do you have personal connections with those who are important for the company's activities?

If the majority of the answers are “yes”, you are practically not in danger of being laid off.

Tip 4: How to fire an employee without layoffs in 2019

IN hard times financial shocks, many enterprises are looking for ways to optimize, often resorting to layoffs of employees. In this regard, the wording “dismissed by agreement of the parties” is increasingly common. This method of dismissal can be beneficial for both the employer and the employee. To do this, you need to draw up an agreement correctly.

You will need

• - Labor Code of the Russian Federation,
• - employment history.

Instruction

Dismissal by agreement of the parties has undeniable advantages for the employer, because in this case you can part with the employee immediately after signing the agreement, you do not have to write a preliminary notice of dismissal and bear expenses for another two months. However, in this case, you first need to convince the employee to sign such a document. To do this, he must see his own benefit from this.

In order for the employee not to refuse the proposed dismissal by agreement, the employer must compensate him for the payments required by law in the amount of the average salary for two months. The conditions and amount of compensation must be specified in the agreement and are binding. Otherwise, the employee may challenge the agreement in court as unfulfilled.

If the employee agrees to your proposal, start the procedure for drawing up a document in which indicate the date of termination of the employment contract and the conditions on which it is concluded. The agreement is drawn up in free form, no mandatory forms and conditions for its conclusion are not provided.

First, draw up an oral agreement with the employee, in which you will discuss all the nuances of his dismissal, payment of compensation, and so on.

Then transfer these agreements to paper. In order to correctly draw up a dismissal agreement, read the relevant article 78 of the Labor Code of the Russian Federation “Dismissal by agreement of the parties”

Refer to this article of the Labor Code of the Russian Federation in your document. Indicate the date of termination of the contract, put down your details.

Submit the agreement to the employee for signature. Make sure that he correctly fills in his data, puts his signature and transcript.

Write an order that reflects the decision to dismiss this employee on the basis of this document, and also specify which date should be considered the last day of the employee's work. Based on this order, the accounting department of the enterprise must prepare a note-calculation, which will reflect all accruals.

If a decision is made to reduce the number of employees, the head of the organization must issue an appropriate order. It should define the date of reduction - in the procedure it is the starting point, on which many related points will depend, for example, the period during which employees should be notified of dismissal.

How redundancy is done

The main steps in the reduction procedure are as follows:
- a reduction order is issued;
- employees are notified of the reduction, they are given an offer for another available job;
- the trade union is notified, as well as the employment service;
- Employees are laid off.

When the order is ready and issued, employees subject to reduction must be notified 2 months before the date indicated in the order. At the end of the reduction procedure, orders should be issued on the dismissal of employees. In the column "reason" it is necessary to refer to the order on the implementation of measures to reduce, to a notification about this. Also, if available, the details of the documents where the employee expressed consent to terminate the employment contract before the notice period expires must be indicated.

What should be the entry in the employee's work book upon dismissal for reduction

In the employee's work book, the dismissal is recorded in a certain order. First, in column number 1, the serial number of the entry is put down, in the second column, the date of dismissal should be indicated. In the third column, the reason for dismissal is recorded, in the fourth - indicate the name of the document on the basis of which this entry was made, that is, the employer's order or other form of decision, the date and number of the document.

At the same time, it should be borne in mind that the date of dismissal should be considered the last working day, except when the employment contract, the federal law or an agreement between the employee and the employer specifies otherwise.

When making an entry in the work book, it must be borne in mind that it must exactly correspond to the wording of the labor code, which is written in the order. Therefore, before making an entry, you need to know exactly for what reason the dismissal is being made. Downsizing and layoffs are sometimes mistaken for the same thing.

The entry in the work book should look something like this: “Dismissed due to the reduction of the organization’s staff, clause 2, part 1, article 81 of the Labor Code of the Russian Federation.”

The employment contract may be terminated by the employer in cases of reduction in the number or staff of employees of the organization, individual entrepreneur.

1. Making a decision to reduce the number or staff of employees. Approval of the new staffing table.

The employer makes a decision to reduce the number and / or staff of employees and draws up it.

At least two months before the expected start of layoffs "by reduction", and if the proposed layoff is massive, then at least three months before, the employer issues an order (instruction) to reduce the number or staff at the enterprise. The order (instruction) indicates the reason for the ongoing reduction, establishes the persons responsible for the measures taken in connection with the reduction in the number and staff of employees, the timing of these events.

Following step-by-step procedure for downsizing and staffing remember that the dismissal of an employee can only be made after the exclusion of his position from the staff list, and in no case in connection with the planning of such an exception in the future. Therefore, a new staffing table must first be approved (or changes are made to the current staffing table), and only after that the number and staff of employees can be reduced. The new staffing table (as well as changes to it) is approved by order (order). The order sets the date for the entry into force of the new staffing table.

2. An order (instruction) to reduce the number / staff, an order (instruction) to approve the staffing table are registered in the manner prescribed by the employer, for example, in the appropriate register of orders (instructions). The order is communicated to employees.

3. Written notification of the employment service authorities about the upcoming release of workers.

According to part 2 of Art. 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation" when deciding to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts employer-organization no later than two months, and an employer - an individual entrepreneur - no later than two weeks before the start of the relevant activities are obliged to notify the employment service authorities in writing about this.

In such a message, you must indicate the position, profession, specialty and qualification requirements to them, the conditions of remuneration of each individual employee.

The deadline for reporting to the employment service authorities will be even longer if the decision to reduce the number or staff of the organization's employees can lead to mass layoffs of employees. In these cases, it is necessary to notify the employment service authorities of the mass reduction no later than three months before the start of the relevant activities.

The message sent to the employment service authorities is registered in the manner prescribed by the employer, for example, in the register of outgoing documents.

4. We determine which specific employees cannot be fired by law, and which have the right to preferential retention at work.

There are workers who cannot be fired by law, and workers who have a preferential right to stay at work. According to Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization or termination of activity individual entrepreneur. According to part 4 of Art. 261 of the Labor Code of the Russian Federation “termination of an employment contract with a woman who has a child under the age of three, with a single mother raising a disabled child under the age of eighteen or a young child - a child under the age of fourteen, with another person raising these children without mother, with a parent (other legal representative of the child) who is the sole breadwinner of a disabled child under the age of eighteen or the sole breadwinner of a child under the age of three in a family raising three or more young children, if the other parent (other legal representative of the child) is not a member labor relations, at the initiative of the employer is not allowed (with the exception of dismissal on the grounds provided for in paragraphs 1, 5–8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of this Code)”.

According to Article 373 of the Labor Code of the Russian Federation, when deciding on the possible termination of an employment contract in accordance with paragraph 2 of part one of Article 81 of the Labor Code of the Russian Federation with an employee who is a member of a trade union, the employer sends a draft order to the elected body of the relevant primary trade union organization, as well as copies of documents that are basis for the said decision.

The elected body of the primary trade union organization, within seven working days from the date of receipt of the draft order and copies of documents, considers this issue and sends its reasoned opinion to the employer in writing. This opinion is usually drawn up in the form of minutes of the meeting of the elected body of the primary trade union organization.

An opinion not submitted within seven days is not taken into account by the employer.

If the elected body of the primary trade union organization expressed disagreement with the alleged decision of the employer, then it shall, within three working days, hold additional consultations with the employer or his representative, the results of which are drawn up in a protocol. If there is no general agreement on the results of consultations, the employer, after ten working days from the date of sending the draft order and copies of documents to the elected body of the primary trade union organization, has the right to make a final decision, which can be appealed to the relevant State Labor Inspectorate.

The State Labor Inspectorate, within ten days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues an obligatory order to the employer to reinstate the employee at work with payment for forced absenteeism.

Compliance with the above procedure does not deprive the employee or the elected body of the primary trade union organization representing his interests of the right to appeal the dismissal directly to the court, and the employer does not deprive the employer of the right to appeal to the court the order of the State Labor Inspectorate.

Please note: the article also establishes the terms of dismissal: the employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected body of the primary trade union organization (we will discuss the difficulties of meeting this deadline below). IN specified period periods of temporary incapacity for work of an employee, his stay on vacation and other periods of absence of an employee when he retains his place of work (position) are not counted.

The collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of the employment contract at the initiative of the employer. Therefore, before involving the trade union body in the procedures, carefully read the provisions of the collective agreement.

Article 374 of the Labor Code of the Russian Federation defines Additional features dismissals of employees who are members of the elected collegial bodies of trade union organizations and are not released from their main work.

If the employee refuses to receive the proposal, read it, put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the originator and the employees who were present at the refusal, and send the proposal to the employee’s home address by letter with notification and description of the attachment. The act is registered in the manner prescribed by the employer in the appropriate registration log.

If the employee refuses to receive the notification, read it, put his signature, it is recommended to draw up an appropriate act, which is certified by the signatures of the compiler and the employees who were present at the refusal, and send the notification to the employee's home address by letter with the notification and description of the attachment. The act is registered in the manner prescribed by the employer in the appropriate registration log.

If the employee refuses to familiarize himself with the order (instruction) to terminate the employment contract, it is also advisable to draw up an act on the employee’s refusal to familiarize himself with the order (instruction), which is signed by the compiler and the employees who were present at the refusal (the law in this case does not require the drawing up of an act, but in the event of a court dispute, the act may be useful as additional evidence of the correctness of the employer). The act is registered in the manner prescribed by the employer in the appropriate registration log.

If the employee refuses to receive a work book, it is advisable to draw up an appropriate act. The act is signed by the compiler and employees who were present at the refusal. The law does not require the drawing up of such an act, but it can be useful as evidence of the innocence of the employer if a dispute arises upon dismissal and the case goes to court. The act is registered in the manner prescribed by the employer in the appropriate registration log.

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One of the types of termination of an employment contract at the initiative of the employer is dismissal due to staff reduction. The procedure provides significant social guarantees to the employee. Reduction of staff requires the employer to have a clear workflow.

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rules

In the legislation, the possibility of dismissal to reduce the staff of employees is established in the Labor Code of the Russian Federation.

The reason for the decrease in numbers may be:

• enterprise restructuring;
• economic difficulties associated with macroeconomic trends.

Carrying out staff reductions is typical for employers that comply with the requirements labor law regarding employees.

In other situations, managers or owners of companies force employees to leave of their own free will or by agreement of the parties. Articles deprive the employee of the opportunity to receive social guarantees and challenge the actions of the employer in court.

A different picture takes place with a reduction in staff:

• the employee has the right to receive average earnings within 2 months;
• when registering with an employment center, a person receives a payment for the 3rd month from the moment of notification;
• being registered with the employment center allows you to access databases of vacancies and receive material payments for the entire period of being on the lists of the unemployed;
• face gets the opportunity to enlarge seniority. The period of being registered as unemployed is included in the total length of service, taken into account when calculating disability certificates.

The number of employees of the company is reflected in the staffing table. The document is approved by the head of the company when drawing up, making changes.

Positions on the schedule are:

• with designated persons;
• vacant at the time of creation or adjustment of the state.

Downsizing activities start with notice trade union body enterprises. If there is no education in the company, general meeting to notify employees.

For competent compliance with the requirements of the law, a lawyer is involved if available official in an organization or individual.

Prior to the redundancy procedure, a commission is appointed from among the employees of the enterprise. The number of members must be at least 3.

The chairman of the commission responsible for document circulation is appointed. If a trade union body is organized at the enterprise, its representative is included in the commission.

The company issues orders approved by the head:

1. On the approval of the composition of the commission with an indication of the task.
2. About downsizing.
3. On the development and publication of a new staffing table.

Activities are carried out regardless of the number of posts being cut.

Dismissal procedure

Reduction of staff and dismissal of employees are carried out subject to the following conditions:

• legally competent execution of documents in accordance with the requirements of labor and civil legislation;
• revision and approval of the new staffing table;
• when dismissing employees, the principle of the pre-emptive right to remain in positions is observed;
• prior notice to the dismissed person;
• payment of amounts due;
• the consent of the trade union body, if any, at the enterprise.

After the approval of the new amended staffing table, the commission proceeds to identify employees who are subject to reduction. When compiling the circle of persons subject to dismissal, the requirements of the Labor Code of the Russian Federation are taken into account.

Persons of high qualification with indicators of labor productivity have the preferential right over other employees. As evidence, diplomas, documents on advanced training, entries in the work book are accepted.

The rest of the employees have benefits under the following conditions:

1. The presence in the family of two or more disabled persons. Dependents include minor children and persons without physical ability get a job.
2. Absence of other family members who are employed and have earnings.
3. Those who received an industrial injury from the employer during the performance of duties.
4. Veterans and invalids of the Great Patriotic War, persons, combatants and citizens equated to them.
5. Employees who improve their profile qualifications on the job, sent by management and issued by order.

One of important documents the enterprise providing social guarantees is a collective agreement.

If the document establishes an additional list of persons who have the priority right to remain in case of reduction, the provisions are taken into account when determining the dismissed persons.

The provisions of the collective agreement must not contradict the current labor legislation.

Persons not subject to dismissal due to staff reduction:

1. Women during pregnancy and having children under 3 years of age.
2. Single mothers with children under the age of 14 or with disabled children under the age of 18.
3. Another parent, sole breadwinner, in whose family there are 3 children, one of which has not reached the age of 3.
4. employees until they reach the age of 18.

The list of persons is specified in the Labor Code of the Russian Federation. The main condition for the dismissal of persons to reduce staff is the prior notification of employees. The form is made in any form.

Employee Notification Requirements:

• the document is submitted in writing. The employee must personally familiarize himself with the notice and put the date, signature with full name and position. In case of refusal to sign on the document, a record of the notification is left by members of the commission in the amount of 2 people;
• the notice shall be presented to the employee no later than 2 months before the dismissal. The period is provided for the employee to search for a new job. Despite the employee's stay at the workplace during the period, he cannot be prevented from being absent for a good reason.

If the employee is on leave various grounds or has a disability confirmed by a sick leave, notice (by mail or otherwise) is not served.

If there are other vacancies and the qualifications of the employee match, the employer is obliged to offer him a new place of employment.

The offer is made in writing. On the document, the employee must leave comments on agreement or refusal with confirmation of the entry with a signature with a transcript and the date of familiarization.

What documents are needed

The staff reduction procedure requires a significant number of documents, the absence of any of which allows you to protest the dismissal.

You need to compose:

• notification of the trade union body, if any, at the enterprise;
• orders to reduce staff, create a commission;
• reduced staffing approved by order;
• employee notifications;
• act - a proposal for transfer to other positions available in the state;
• dismissal orders.

The company is obliged to send a notification letter to the employment center about the planned redundancy measures. Information must be received by the institution 3 months before the dismissal of employees.

Employee Rights

An employee upon dismissal due to a reduction in staff has the right to:

• read the notice of reduction in 2 months;
• receive payment for the period in the amount of average earnings and other compensations established by the collective agreement;
• use the 2-month period to find a new job;
• resign before the deadline specified in the notice. The basis for early termination of the contract is a written application by the employee. Dismissal is made with the consent of the employer and without additional work;
• receive compensation for vacation due during the performance of labor duties and not used earlier. Payments are made in lieu of the principal, additional holidays and those types that are approved by the collective agreement.

The procedure for downsizing and dismissal of employees may have violations. Individuals have the opportunity to challenge the commission's decision and the dismissal procedure.

Protests are often made at the stage of determining the circle of persons to be reduced if there are workers with equal rights.

When contentious issues workers can apply to the labor commission. The absence of an agreement between the parties when reducing the state is disputed in the order of judicial proceedings by filing a lawsuit.

How to make an entry in the labor