Layoff law. Contacting the employment authorities

Reduction of staff- a procedure that requires compliance with certain rules and implementation necessary payments by the employer. What is the procedure for dismissal due to redundancy, what documents need to be issued, who cannot be reduced, what compensation and payments should the employer pay when reducing an employee? These questions will be discussed in the article below.

The procedure for laying off an employee

If the organization decides to reduce staff units or a whole staff, then this process must be properly formalized, the dismissal must be subject to certain rules, and the employee must be paid a number of compensation payments. First of all, it is worth noting that a reduction in the number of employees implies a reduction in the staffing of one or more positions, and a reduction in staff is the exclusion of a position from the staff of employees completely. For example, the staffing table states that the organization has an accountant position in the number of staff units of 5 people, staff reduction will mean the exclusion of the accountant position completely, that is, the organization is left without accountants. If only the number is reduced, for example, by 2 staff units, then this only means a decrease in 5 accountants to 3.

Employees who cannot be laid off

When carrying out the dismissal procedure, it should be remembered that there are categories of employees who cannot be dismissed by reduction. These include:

Pregnant;
Women with children under 3 years old;
Single mothers raising children under 14 years old (if the child is disabled, then up to 18 years old);
Other persons raising a child without a mother;
The only breadwinner in a family with a disabled child under 18;
sole breadwinners large family(3 or more young children) who has a child under the age of 3 years.

The above persons are not allowed to be fired at the request of the employer. This is clearly spelled out in the Labor Code of the Russian Federation, Article 261. How is the redundancy process going?

The procedure for layoffs for downsizing

The employee reduction procedure begins 2 months before the expected date of dismissal.

First of all, an order is issued to reduce the staff or number of employees. The order prescribes the positions that are subject to reduction, the number of staff units that need to be fired.

Simultaneously with the above orders, a Notice of Termination is created employment contract due to redundancy. This document should contain a surname list of employees to be dismissed. All employees who have been made redundant must read the Notice. In front of his last name, everyone must put his signature.

According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to offer employees who are dismissed for redundancy another vacant position, if any. Moreover, it is possible to offer a position that will be lower than the one he occupied before the reduction, but the employer is not obliged to offer a position higher than the one occupied.

The offer to the employee of vacant positions must also be documented, for which a Notice is issued indicating the available vacancies. The employee must familiarize himself with this document and put his signature as a sign of consent or refuse the proposed positions also in writing in the Notice.

The employer's next step in the downsizing procedure will be to issue a notice to the employment service. The notification form can be found in Appendix No. 2 to the Decree No. 99 of February 5, 1993. You must also notify the employment service 2 months before the date of dismissal.

Note that the article stated that Required documents and notices must be issued 2 months before the proposed layoff for reduction. But if the reduction in the number or staff of employees is planned on a massive scale, then the period increases to 3 months.

It is better for the employer to follow the procedure for reducing employees specified in the article. With errors in this procedure (through ignorance or intentionally), very often competent employees begin to defend their rights through the courts and, as a rule, win such disputes.

Dismissal to reduce staff is one of the reasons for the dismissal of an employee and termination of an employment contract with him. Reducing the staff and the number of employees is necessary to optimize the workflow. Dismissal on this basis is the most common, but at the same time the most problematic.

The layoff procedure for downsizing includes several stages:

issuing a layoff order (not to be confused with a redundancy order). This order gives a "signal" to the start of measures to reduce the staff or number of employees. Without signing such an order, the employer does not have the right to fire anyone;
notification of employees who are subject to layoffs. Notification must be at least 2 months before the expected date of dismissal. The notice must be in writing and given to each employee who is fired. This document must indicate the date of dismissal and the reason. The employee must sign the notice. This means that the employee has become familiar with the upcoming staff reduction;
offer to the laid-off workers another job. The employer is obliged to offer all employees who have been laid off other vacancies that correspond to their qualifications and work experience. The list of vacancies is usually indicated in the notice of dismissal. If the employee agrees to one of the proposed vacancies, he writes “agree” on the notification itself. If he does not agree, then you need to indicate this. The employer must offer the employee the vacancies he has up to the day of dismissal. The law does not set a deadline. When an employee must accept a job offer. If the employee agrees, then a transfer to another position will follow, if not, then dismissal.
if the enterprise has a trade union, then it is necessary to notify it of the upcoming reduction. This must be done no later than 2 months before the expected date of the cuts. If there is a mass reduction, then in 3 months. You also need to notify the employment center 2 months in advance.
dismissal of workers. An order is issued to dismiss employees (full name of all reduced staff) to reduce staff.

The employer is obliged to pay to all dismissed employees a severance pay in the amount of the average earnings of a particular employee for a month. Plus, at the time of the proposed employment, the employer must pay the employee 2 months of average earnings per month. If, within 2 weeks after the dismissal, the employee registered with the employment center at the place of residence and could not find a job, then the employer is obliged to pay the 3rd month.

Sometimes employees do not wait until two months have elapsed from the date of notification and seek new job. If the employee leaves before the expiration of the 2-month period for own will, the employer is also obliged to pay him an allowance in proportion to the remaining time.

In addition to the above benefits, the employee must also receive:

wages for actual hours worked;
compensation for unused vacation;
other payments that may be provided for by an employment or collective agreement as additional compensation for downsizing.

The dismissal of an employee to reduce staff is the longest and most problematic procedure. Often, personnel officers make mistakes in paperwork and incorrectly notify employees, which gives the latter the right to go to court with statement of claim about wrongful dismissal, reinstate at work and receive compensation from the employer for the moral and material damage caused.

Not all employees can be laid off. It is prohibited by law to reduce:

pregnant women;
women with children under the age of three.

Also, do not forget that some employees have a preferential right to stay at work. worker with more high level qualifications and labor productivity has the right of preferential retention in the workplace, over an employee of a similar profession, but with lower rates.

Who can not be reduced by law

In Art. 261 of the Labor Code of the Russian Federation provides a detailed list of workers and employees who are immune to staff reduction. That is, they cannot be fired on this basis. These include:

pregnant employees. At the same time, it should be understood that the presence of a “belly” is not proof of the fact that a woman is in a position, so it cannot be reduced. Evidence can only serve as a relevant certificate from medical institution, in which this woman is registered for pregnancy. The certificate is issued on a special form, certified by the signature of the attending physician, the head of the antenatal clinic, the head physician, as well as the seal of the medical institution;
women who raise a child or children until they reach three years of age. The proof of this fact is a copy of the birth certificate of the child (children);
single mothers who raise children under 14 years of age, or children with disabilities, until they reach the age of majority. This fact is confirmed by the corresponding certificate, which is issued in the department social protection. The age of the child is confirmed by a copy of the birth certificate, and the fact of disability - by relevant medical documents.

The last 2 points don't just apply to mothers. If, instead of the mother, the father is engaged in upbringing, provided that the mother of the child has died or is deprived of parental rights in relation to him, or another relative, then the rule of non-reduction applies to him.
That is, the Labor Code gives guarantees to those citizens who have minor children as dependents. But any benefit must be documented. Therefore, the employee who independently raises the child must submit documents about this to the personnel department, as well as confirm his relationship with the child.

The procedure for dismissal of employees in case of staff reduction

So that later there are no problems in the form of court hearings regarding an incorrectly conducted dismissal procedure, it is necessary to observe all the subtleties of the dismissal of employees to reduce staff.

First, the employer must issue an order to the enterprise about the upcoming reduction. This must be done 2 months before the start of the procedure. In addition, each employee must familiarize himself with the order and put his signature on the document.

This order should contain a list of those persons who are not subject to reduction by law. Each employee who is on this list must also be familiarized with this list against signature. Then you need to notify each employee of the upcoming dismissal due to staff reduction. The notice must be in writing, and each employee who is to be made redundant must sign. This does not mean that he agrees with the dismissal! This indicates that he was informed about the upcoming event. If the employee refuses to sign, it is necessary to draw up an act of refusal.

If the employee wishes to quit earlier than the date indicated in the notice, then there should be no problems with this on the part of the employer. However, the employer must pay such employee additional compensation.

All employees who will be made redundant should be offered vacancies that match their skill level and work experience. The offer must be made in writing. If an employee agrees to this vacancy, then he writes “agree” and puts his signature. If he refuses, then "disagree" and the signature - respectively.
Jobs must be submitted before the notice period expires. If there are no vacancies, then it is necessary to draw up a document about this, which will be signed by the head of the enterprise. If the enterprise has underage employees who are subject to reduction, then it is necessary to obtain the consent of the State Labor Inspectorate and the commission on minors and the protection of their rights to dismiss underage employees. This is stated in Art. 269 of the Labor Code of the Russian Federation.

If there are such employees who agree to take other positions, then it is necessary to correctly arrange their transfer. Those employees who did not agree to the proposed vacancies are subject to dismissal. They need to be compensated for the loss of their jobs, as well as vacation pay and wages. If all the nuances are not observed, then the dismissed workers can sue the employer. The subject of the suit is wrongful dismissal. If the court recognizes this fact, then all laid-off workers will be reinstated in the workplace, and the employer will need to pay a fine.

How severance pay is calculated

All employees who leave due to staff reduction are obliged to pay severance pay. This is a kind of compensation on his part for depriving these people of the right to work.

In Art. 178 of the Labor Code of the Russian Federation says what payments the employer must make. He must pay:

wages for the time actually worked by this employee;
compensation for vacation days that he did not have time to take off;
severance pay.

Severance pay is paid for the next 2 months after dismissal. If the employee does not find a job within this period, but at the same time registers with the employment center at the place of residence (this must be done within two weeks after the dismissal), then the employer must pay him an allowance for the 3rd month.
The fact that former employee still not employed need to be confirmed by the employer. This must be done by the employee. Only after that he can count on receiving benefits for the 3rd month.

The severance pay is calculated based on the average earnings of this employee per month during the last year. Handles bookkeeping. The employer is obliged to pay benefits for 2 months. But if the employee finds a job within the second month after the dismissal, severance pay is paid only for those days when the employee did not work. This fact is confirmed by an entry in the work book. But as practice shows, the employer pays benefits immediately for 2 months. In addition, if the employee agrees to dismissal before the expiration of the 2-month period before the proposed reduction, the employer must pay him severance pay for another 1 month.

To pay severance pay, you need to calculate average earnings specific employee for Last year. For example, an employee leaves in March 2018. Then the billing period will be the period from 03/01/2017 to 02/28/2018. If he has not worked even a year, then the actually worked time is taken for calculation.

To calculate, you need to take into account:

the employee's salary;
various incentive and compensation payments.

Don't need to consider:

holiday pay;
sick leave payments;
compensation for unused vacation or other payments that are in no way related to work.

It is also worth considering the number of days actually worked by this employee during the billing year.

Downsizing compensation

Without payment of compensation, the employer cannot lay off his employees. This is a violation of labor laws. Compensation must be paid on the last business day along with salary and vacation pay.

A resigning employee may conclude an agreement with the employer, and resign by agreement of the parties. In this agreement, the employee can specify the desired amount of severance pay, which will in no way depend on his average earnings. As a rule, employers go for such a dismissal, as this frees them from following the personnel reduction procedure and “paper” work.

Nowadays, you need to be legally savvy in a variety of issues, especially when it comes to labor relations. What is important to know if you decide to quit or get laid off? about it with head of the legal direction of the Center for Social and Labor Rights Sergey Saurin.

If the employer refuses to sign the resignation letter

The leader has no right to interfere. You can decide to quit at any time, and you do not need to agree on leaving with your employer. The only restriction is that according to Article 80 of the Labor Code of the Russian Federation, you are obliged to notify your management in writing about leaving no later than two weeks in advance. A letter of resignation is just a form of warning, and it is important for you that you have proof in your hands that the employer received it. To do this, you can ask a person authorized to receive documents to sign the receipt of your application on a copy of this application (you keep a copy). If for some reason you are refused to sign on receipt of the application, you can send a telegram to the employer with acknowledgment of receipt - this will also be a notice of resignation in the proper form.

After the two-week notice period has expired, you will have the right not to go to work and demand a dismissal. By agreement with the employer, you can terminate the employment contract even before the expiration of the two-week period.

How to use the remaining vacation upon dismissal

The current Labor Code in Article 127 provides for two options for using leave upon dismissal:

If you were "asked"

Voluntary dismissal, according to the current Labor Code, does not imply the payment of any compensation to the employee. However, in a situation where you generally do not mind terminating the employment contract, but do not want to write a statement of your own free will, you can offer the employer to issue a dismissal by agreement of the parties. In fact, this is the same “conflict-free” basis for dismissal, but here you can bargain. The law does not limit your choice possible conditions dismissal agreements, it all depends on your negotiating ability. You can try to convince the employer to pay you a certain amount of cash compensation, or ask for “compensation” in another form (for example, good recommendations).

The agreement on termination of the employment contract must be drawn up in writing in two copies. Often it is presented in the form additional agreement to a terminated employment contract. From the moment it is signed by the parties, it is mandatory for both the employee and the employer.

You've been laid off, but you don't agree with it

Article 179 of the Labor Code of the Russian Federation stipulates that employees with higher labor productivity and qualifications have the preferential right to be left at work during redundancy measures. All other possible criteria (including the length of service) are applied only in the case of equal labor productivity and qualifications of employees.

If you have reason to believe that the employer has chosen you unreasonably, you should appeal the dismissal in court. Unfortunately, it will not work to appeal against the actions of the employer before the layoff (layoff or transfer, depending on the availability of vacancies), since the notice of the layoff in itself does not violate your rights.

In court, you will have to prove that your productivity and qualifications were higher than those of your colleagues in the position (or that you had a preferential right under other criteria, subject to equality of productivity and qualifications). Documents, testimonies or any other evidence of a position can be used as evidence. Evidence is better to start preparing in advance, even before the reduction has occurred.

How is the reduction allowance paid?

In accordance with Article 180 of the Labor Code of the Russian Federation on the upcoming dismissal due to a reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal. During these two months, the employee continues to work and receives wages in the general manner.

After two months, already immediately upon dismissal, in accordance with Article 178 of the Labor Code of the Russian Federation, the employer is obliged to pay severance pay in the amount of the average monthly earnings. This payment is considered to be the preservation of the employee's earnings for the first month after the dismissal.

If the laid-off employee does not get a job within the first month after the dismissal, the employer has an obligation to keep his average earnings for the second month after the dismissal. The average salary for the second month is paid to the employee in the second month (since upon dismissal it is not known when the laid-off employee will be able to get a new job). Moreover, if an employee gets a new job in the middle of the second month after the dismissal, then the old employer pays him the average salary only for that part of the second month during which the employee did not work.

If an employee is registered with the employment authority within two weeks after the dismissal for a reduction, and despite this, he could not get a new job within two months after the dismissal, the old employer retains his average earnings for the third month after the dismissal (payment rules the same as for the second month).

Article 180 of the Labor Code of the Russian Federation establishes the possibility of the employer and employee to agree to terminate the employment contract in connection with the reduction before the expiration of the two-month warning period. In this case, the employer is obliged to pay the employee a lump sum (upon dismissal) in the amount of the average earnings for the entire period remaining until the expiration of the two-month period, plus a severance pay in the amount of the average earnings for one month. Saving earnings for the second and third months after dismissal in this case occurs according to the general rule.

Is it possible to apply to the Employment Center with only registration in hand?

According to Article 31 of the Law of the Russian Federation "On employment in Russian Federation”, the decision to grant unemployment benefits is made simultaneously with the decision to recognize a citizen as unemployed. In accordance with paragraph 2 of Article 3 of the Law on Employment, the decision to recognize a citizen registered in order to find a suitable job as unemployed is made by the employment service at the place of residence of the citizen.

We are talking specifically about the place of residence, and not about the place of registration (registration), therefore, in case of a refusal, you have the right to demand that the refusal be issued in writing and appeal against it in court or in a higher authority (employment department for the constituent entity of the Russian Federation).

Please note that registration at the place of stay and residence is only provided federal law a method of registering citizens within the Russian Federation, which is of a notification nature and reflects the fact that a citizen is at the place of stay or residence, which cannot serve as a basis for restriction or a condition for the exercise of the rights and freedoms of citizens.

This article will tell you how to properly fire an employee when reducing the number or staff.

Procedure	Explanations for the procedure and documenting
STEP 1
Issue an order to create a commission to reduce the number or staff signed by the director of the organization. The commission makes a decision and draws up a protocol on the reduction of specific employees	1. This stage not required, but desirable. The decision to reduce specific positions can be made by the director of the company. However, judicial practice shows that it is expedient to make such decisions collectively with the involvement of the company's public. 2. When making decisions about the dismissal of specific employees, it should be borne in mind that pregnant women, women with children under the age of three cannot be fired under this article; single mothers raising a child under the age of fourteen (a disabled child under eighteen); other persons raising such children without a mother (part 4 of article 261 of the Labor Code of the Russian Federation). 3. Employees with higher labor productivity and qualifications (part 1 of article 179 of the Labor Code of the Russian Federation) have the preferential right to stay at work, that is, first of all, professionalism of employees and their value to the company. Here one should take into account the level of education, work experience, the results of the next certification, the fulfillment of planned indicators established for this position, the availability of incentives from the employer, knowledge of the specifics of work, the employee's advanced training for the position held, etc. Wherein comparative analysis qualification of employees should be carried out not only within the same job titles, but also for positions with various titles, but at the same time with similar functional responsibilities. Evidence of higher performance is : doing more work than other workers in similar positions or performing the same work; receiving awards for high performance in work; higher labor participation rate, absence of marriage, etc. Compliance with the right to preferential leave at work must be documented. In practice, a comparison table is usually compiled for this. Note! In accordance with the current legislation, other categories of citizens (spouses of military personnel, orphans and children left without parental care, etc.) enjoy the priority right to be left at work in case of a reduction in the number or staff. 4. With equal labor productivity and qualifications, the following categories of employees have the priority right to be left at work (part 2 of article 179 of the Labor Code of the Russian Federation): - employees who have two or more dependents (disabled family members who are on full content the employee or those receiving assistance from him, which is for them a permanent and main source of livelihood); - persons in whose family there are no other self-employed workers (child benefit, old-age or survivor's pension, stipend, unemployment benefit, etc. are not considered earnings). It's about wages.) - employees who have received a labor injury or occupational disease in this organization; - disabled people of the Great Patriotic War and invalids of military operations for the defense of the Fatherland; - employees who improve their skills in the direction of the employer on the job. The collective agreement may provide for other categories of employees who enjoy the preferential right to remain at work with equal labor productivity and qualifications.
STEP 2
Issue an order to reduce staff and create a list of reduced positions and employees, taking into account the priority right to remain at work.	1. The order to reduce the staff (conducting organizational and staff events) must be issued two months before the expected dismissal of the employee, but the order itself is put into effect simultaneously with the order to dismiss the employee. 2. In cases where the changes in the staffing table are quite extensive, it makes sense to create a new staffing table (which will take effect in two months, and which will not include the positions of the reduced employees). The new staffing table is introduced by order of the employer not earlier than the day from which the reduced positions cease to exist, i.e. the day the employee leaves. If the changes are of a single nature, then it will be sufficient to issue an order to amend the current staffing table. 3. You should not use layoffs to reduce staff for a "fictitious" job reduction, that is, a short time after the job reduction, put into effect a new staffing table in which the reduced position (sometimes with a different name) is actually present or the number of employees and payroll increases. Often, laid-off employees are offered to get a job in the same organization, but already under a civil law contract. When an employee goes to court to protect their rights, in this case, the decision will most likely be made in favor of the employee. The introduction of another position with a different name, while maintaining the same functions, as well as the introduction and removal from the staff list of positions, which ultimately did not lead to a decrease in staff units as a whole, is not a reduction.
STEP 3
Notify the employee of the upcoming dismissal due to a reduction in staff or headcount.	1. Employees subject to reduction should be notified no later than two months before the upcoming dismissal (part 2 of article 180 of the Labor Code of the Russian Federation). 2. It is mandatory to notify the employee in writing against signature indicating the date of receipt of the notification. It is also advisable to present each dismissed employee with a personal "notice" of the upcoming dismissal. If the decision is made by the commission, the employee can also be provided with the minutes of the meeting of the commission or an extract from it for review. One copy of the notice should be kept for yourself, and the second copy should be given to the employee. 3. If the employee refused to sign the notice or any other documents related to the reduction of his position, then such a notice can be sent to the home address by registered mail, with a description of the attachment, and draw up an act on the refusal of the employee to familiarize himself with the notice, which is certified by the signature of the originator and two other employees who were present at the refusal. 4. With the written consent of the employee and if the employer is interested, the employment contract may be terminated before the expiration of a two-month period, with the payment of additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal (part 3 of Art. 180 of the Labor Code of the Russian Federation). For a question regarding the application of Article 180 of the Labor Code of the Russian Federation, see Review of Legislation and judicial practice Supreme Court of the Russian Federation for the 1st quarter of 2007.
STEP 4
Offer the employee to take another vacant position.	1. Upon delivery of the notice, as well as when new vacancies appear within 2 months from the date of delivery of the notice to the employee, the employer is obliged to offer the employee all the vacancies available in the organization (in the given area, unless otherwise provided by the labor or collective agreement). Job vacancies should be offered both relevant qualifications of the employee and lower-paid positions, which the employee can perform taking into account the state of his health (part 3 of article 81 of the Labor Code of the Russian Federation). When compiling a list of proposed vacancies, remember that an employee may have several different professions Therefore, when compiling a list of vacancies offered to an employee, all his professional skills should be taken into account. 2. In case of disagreement to continue working on the proposed conditions, the employee must write on notifications indicating the list of vacancies about his refusal from the proposed positions (“I refuse the offered vacancies”, put a signature and date). If the employer cannot offer the employee another vacancy due to their absence, it is recommended to draw up a document about this (for example, a notice) and bring it to the attention of the employee against signature. staffing and staffing the organization must also indicate that there are no vacancies. The court, as a rule, always requires these documents as evidence of the legality of the actions of the employer (defendant). 3. In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for in cases of liquidation of the organization (part 4 of article 81 of the Labor Code of the Russian Federation).
STEP 5
Notify the elected body of the primary trade union organization (if any) of the upcoming reduction - Art. 82 of the Labor Code of the Russian Federation. Accounting for the motivated opinion of the elected body of the primary trade union organization when dismissing workers who are members of the trade union (Article 373 of the Labor Code of the Russian Federation). In the presence of minors, the employer is obliged to: obtain the consent of the State Labor Inspectorate and the commission for minors and the protection of their rights to dismiss minor employees (Article 269 of the Labor Code of the Russian Federation). Written notification of the employment service authorities about the upcoming release of workers (part 2 of article 25 of the Law of the Russian Federation "On employment in the Russian Federation", as amended on July 27, 2010).	1. The employer notifies the union of reduction of the number or staff in writing no later than 2 months before the start of the event, in case of mass reduction - no later than 3 months. Criteria for mass layoffs are determined in industry and (or) territorial agreements. 2. The law requires "informing", but not "obtaining consent" from the trade union body, therefore, if the trade union body raises its objections to the candidates for dismissal planned by the employer, the parties conduct additional consultations, the results of which are drawn up in a protocol. Ultimately, the employer can make the decision at their own discretion. The employer has the right to terminate the employment contract no later than one month from the date of receipt of a reasoned opinion of the elected body of the primary trade union organization (part 5 of article 373 of the Labor Code of the Russian Federation). Dismissal of the heads (their deputies) of elected collegial bodies of primary trade union organizations (not released from their main work) is allowed, in addition to the general procedure, only with the prior consent of the relevant higher elected trade union body (Article 374 of the Labor Code of the Russian Federation). If there is no such body, then the dismissal of these employees is carried out in accordance with Art. 373 of the Labor Code of the Russian Federation (motivated opinion). 4. When deciding to reduce the number or staff of employees of the organization and the possible termination of labor contracts with employees, the employer is obliged to notify the employment service authorities in writing no later than two months before the start of the relevant events ( individual entrepreneur not later than two weeks) and indicate the position, profession, specialty and qualification requirements to them, the terms of remuneration for each specific employee, and if the decision to reduce the number or staff of the organization's employees can lead to mass layoffs of employees, - no later than three months before the start of the relevant activities. Note! When introducing a part-time (shift) and (or) part-time working week (Article 74 of the Labor Code of the Russian Federation), as well as when production is suspended, the employer is obliged to inform the authorities in writing about this employment services within three working days after a decision has been made on the implementation of relevant measures.
STEP 6
Arrange the transfer of employees who have expressed their consent to take other positions.	The procedure for registering the transfer of an employee to another position is carried out according to the standard procedure. In this case, the employee must write on the notice of his consent to move to one of the proposed positions (indicating the specific position) and put down the date. Further, changes are made to the employment contract by drawing up an additional agreement to the employment contract, after which the employer issues an order to transfer the employee to another position.
STEP 7
Issue layoffs to reduce the staff of employees who did not agree to take other proposed positions.	1. Before the expiration of the two-month warning period, it is necessary to issue an order to dismiss the employee in the prescribed form, in which he must put his signature. Next, you need to make an entry in work book. On the last day of work, it must be given to the dismissed person. Upon his written application, other documents related to the work must also be issued. And make the final payment. The fact of issuing a work book must be registered in the work book register with the obligatory affixing of the date of issue and the personal signature of the employee. 2. If it is impossible to issue a work book due to the absence of an employee or his refusal to receive it, it is necessary to send a notification to the employee by mail about the need to appear for a work book or agree to send it by mail. From the date of sending the notification, the employer is released from liability for the delay in issuing a work book (part 6 of article 84.1 of the Labor Code of the Russian Federation). 3. It is not allowed to dismiss an employee at the initiative of the employer during the period of his temporary disability and during his vacation (part 6 of article 81 of the Labor Code of the Russian Federation). It should be borne in mind that the law in question on the temporary disability of the employee himself, sick leave for child care in this case cannot serve as a basis for postponing dismissal. If the employee is sick or on vacation on the day of dismissal, the dismissal is postponed until the day he leaves the vacation or recovers. If the employee is absent from the workplace for other reasons (including due to the illness of his child), then the dismissal is carried out according to the usual rules, and the employee is also required to send a telegram or registered letter with a proposal to pick up his work book and receive payment.
STEP 8
Pay severance pay and compensation to laid-off workers	In the final calculation, in addition to wages fees for last month work should also include the amounts provided for in Parts 1 and 2 of Art. 178 of the Labor Code of the Russian Federation. If the employee is not employed within 2 months and confirms given fact employer, he should be paid additional compensation. An employee dismissed under paragraph 2 of Article 81 of the Labor Code of the Russian Federation retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay). The employee will receive the average monthly salary only if he cannot get a new job. To confirm this fact, the former employee must present a work book. If the employee concluded an employment contract during the second month, then the average salary should be paid to him only for those days of the second month until he was employed. If the employee did not find a job even in the third month from the date of dismissal, the company pays an additional average monthly salary for this month according to the decision of the employment service, however, provided that the employee applied there within two weeks after the dismissal. An employee dismissed from an organization located in the regions of the Far North and equivalent areas retains the average monthly salary for the period of employment, but not more than three months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the specified employee for the fourth, fifth and sixth month from the date of dismissal by decision of the employment service, provided that the employee applied to this body within a month after the dismissal and was not employed by him (Article 318 of the Labor Code of the Russian Federation ).

1. It is necessary to distinguish between the concepts of "downsizing" and "downsizing".

So, downsizing is a decrease in the number of employees in certain positions, and downsizing is an exclusion from the staff list of individual staff units.

An analysis of judicial practice shows that neither employers nor courts in a number of cases differentiated between these concepts.

If the staff was actually reduced, and it was written in the order and in the work book that the dismissal was due to a reduction in the number, the employee has the right to ask to change the wording of the reason for dismissal, including by going to court on the basis of Part 5 of Art. 394 of the Labor Code of the Russian Federation.

2. Reasonableness of reduction

As a general rule, the employer independently determines the structure, staff of the organization and has the right to make changes to the staffing table, including reducing positions.

When resolving disputes about dismissal under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, the court is not entitled to enter into a discussion of the question of the validity of the decision to reduce the number or staff.

Employer must prove the fact of reduction of staff, not justification management decision. The court, in turn, checks whether the staff reduction actually took place, but it does not have the right to delve into the reasons for such a reduction.

The Dudinskiy City Court of the Krasnoyarsk Territory satisfied K.'s claims on the following grounds. As established by the court, the plaintiff was dismissed under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation (downsizing). However, after conducting a comparative analysis of the staffing tables (before and after the reorganization), the court came to the conclusion that the facts of the reduction in the number, staff, and also the position held by the plaintiff were not proven. This is due to the fact that the size of the inspectorate after the reorganization remained unchanged and amounted to 115 units and conduct a comparative analysis job descriptions was not possible due to their loss. In addition, the plaintiff was not offered all the vacant positions, including lower ones, that he could have taken, taking into account his education and qualifications. In this regard, the defendant's reference to the plaintiff's refusal of employment was found to be unfounded. Moreover, the court established that during the period of the plaintiff's stay "outside the state" other persons were accepted for vacant positions, while the administration did not take into account the circumstances giving K. a preferential right to remain at work.

Based on the foregoing, the court recognized the plaintiff's dismissal as unlawful and decided to reinstate the employee in his previous position (Review of judicial practice on labor disputes with the participation of territorial tax authorities for the first half of 2002. Letter from the Department personnel policy Ministry of Taxes of Russia dated March 19, 2003 No. 15-5-11 / 41-I577).

An example from the judicial practice of Amursky regional court

F. appealed against his dismissal from the post of legal adviser to MUP Dorozhnik. Without denying that the reduction in staff at the enterprise really took place, the plaintiff disputed the validity of the reduction in the position of a lawyer, indicating that the need for the services of a lawyer remained with the defendant. The Svobodnensky City Court of the Amur Region dismissed F.'s claim. Judicial Board on civil cases of the Amur Regional Court left the decision of the court of first instance unchanged, indicating that the court has no right to interfere in the economic the activities of the enterprise and resolve issues of the expediency and necessity of regular activities carried out by the employer. The validity of the staffing adjustment is not a circumstance to be established when resolving a labor dispute.

3. The procedure for exercising the pre-emptive right to remain at work

3.1. The preferential right to leave at work should be applied only among employees in the position that is being reduced.

T. filed a lawsuit against the Central Bank of the Russian Federation, represented by the branch of the RCC in the city of Kotlas of the Main Directorate of the Central Bank of the Russian Federation for the Arkhangelsk Region, to reinstate her at work. She motivated her claims by the fact that the defendant, when reducing the number or staff, did not take into account her pre-emptive right to remain at work over other employees, in particular before V. As established by the court, T. worked as an accountant of the first category of the accounting and operational department of the RCCH branch. Kotlas of the Main Directorate of the Central Bank of the Russian Federation for the Arkhangelsk Region. In the RCC was reduced headcount for two units of accountants of the first category of the accounting and operational department, while retaining the employees of the interbank and electronic settlements sector that are part of the structure of this department.

The plaintiff was given two months' notice of her impending dismissal. In order to find employment, she was offered the position of an accountant of the second category of the department of automated information processing in the RCC of Arkhangelsk, which she refused. By order of the employer, the plaintiff was dismissed under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation.

By the decision of the city court, upheld by the judicial panel for civil cases of the Arkhangelsk Regional Court, T.'s claim was dismissed. The regional collegium correctly indicated that two units of accountants of the first category of the accounting and operational department were reduced in the RCC of Kotlas (activity code 0700). The unit of the accountant of the first category of the sector of electronic and interbank settlements (activity code 0600), which was occupied by V., did not decrease.

3.2. Evaluation of the higher labor productivity and qualifications of the employee, the decision on the preferential right to remain at work in case of a reduction in the number or staff of the organization's employees is made by the employer.

An example from the judicial practice of the Belgorod Regional Court

The plaintiff filed a lawsuit against MP Santekhservis LLC for reinstatement, recovery wages for the time of forced absenteeism, compensation for non-pecuniary damage, referring to the fact that when dismissed by the employer, her pre-emptive right to remain at work was not taken into account. He considers the dismissal illegal, since the management of Santekhservis MP is negatively disposed towards her. The downsizing was carried out in order to fire her. However, when she was dismissed, it was not taken into account that she worked for many years in the REU, then in OOO MP Santekhservis as a current repair master and has a pre-emptive right to stay at work.

By the decision of the court of first instance in satisfaction claims denied.

Reversing the decision of the court, the Judicial Collegium for Civil Cases indicated the following. From the materials of the case it is not seen When and by whom was the question of the pre-emptive right to leave on work in relation to D., who was given preference and on what grounds. The arguments of D. that the reduction at the enterprise concerned only the plaintiff were left without attention and verification.

As follows from the order to reduce staff, the company is reducing the number of 1 unit of the current repair master. By the same order, only foreman D. was warned about the upcoming dismissal, despite the presence of two more positions of foremen at the enterprise. current repairs(Information Bulletin of the Belgorod Regional Court, 2005, No. 9).

4. Compliance with the terms of the notice of dismissal

4.1. In accordance with Part 2 of Art. 180 of the Labor Code of the Russian Federation about the upcoming dismissal due to a reduction in the number or staff of the organization, employees are warned personally and against signature at least 2 months before the dismissal.

The maximum term for warning an employee about an upcoming release has not been established.

4.2. The warning does not lose its force after the expiration of the two-month period, since a longer period in this case does not infringe on the rights of the employee.

An example from the judicial practice of the Chelyabinsk Regional Court

So, by the decision of the city court, P. was reinstated at work as the head of production at a vocational school. Resolving the dispute on the merits, the court of first instance found that the position of head of production occupied by the plaintiff since September 1, 2006 has been excluded from the staff list; On July 03, 2007, she was warned in writing about her dismissal from September 04, 2007 due to a reduction in the staff; she refused the offered vacancies and, by order of October 16, 2007, she was dismissed from work under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation.

Reversing the decision of the court of first instance and making a new decision to refuse to satisfy the claim, the panel of judges referred to misapplication court of first instance substantive law.

The conclusion of the court on the illegality of the dismissal due to the fact that the employee is subject to mandatory dismissal after a two-month period from the date of the warning, and if the employee is dismissed after the two-month period, the warning becomes invalid, is based on an erroneous interpretation of Part 2 of Art. 180 of the Labor Code of the Russian Federation.

The circumstances of P.'s late warning about the reduction of his position do not indicate the illegality of the dismissal. The dismissal of P. was carried out if there were grounds and in compliance with the established procedure, in connection with which there were no grounds for satisfying the claim ( cassation ruling of the Chelyabinsk Regional Court No. 33-77/2008).

4.3. The law does not prohibit the employer from warning the employee about the upcoming dismissal due to a reduction in the number or staff during the period of his temporary disability or vacation. If the dismissal notice expires at this time, the employee may be dismissed on the day following the last day of his illness or vacation.

4.4. If the employer dismissed the employee under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, without warning him two months in advance and without obtaining written consent to such a dismissal, in most cases such a violation of the dismissal procedure (in the absence of other violations) does not entail the reinstatement of the employee at work. The previous Decree of the Plenum of the Supreme Court of the Russian Federation dated December 22, 1992 No. 16 (paragraph 23) provided that “in case of failure to comply with the term for warning the employee about dismissal, if he is not subject to reinstatement on other grounds, the court changes the date of his dismissal in such a way that the employment contract (contract) was terminated upon expiry due date warnings. The period for which the employment contract (contract) is extended due to the postponement of the date of dismissal is payable based on his average earnings. but Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts Russian Federation of the Labor Code of the Russian Federation" Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 No. 16 was cancelled. At the same time, the above approach in resolving issues of non-compliance by the employer with the term for warning the employee has been used in the practice of courts to date.

An example from the judicial practice of the Arkhangelsk Regional Court

So, Sh. was fired by CJSC " Polar bear» without warning of impending redundancy. At the time of the resolution of the dispute, two months had expired from the date of dismissal, therefore the Isakogorsk District Court correctly changed the date of dismissal of the plaintiff and recovered in her favor the average earnings for the period from the date of dismissal to the changed date of dismissal.

5. Offering vacancies to employees

Dismissal under par. 2 tbsp. 81 of the Labor Code of the Russian Federation is allowed only if it is impossible to transfer the employee with his consent to another job.

5.1. The employer is obliged to offer the employee all available vacancies in the area

An example from the judicial practice of the Supreme Court of the Russian Federation

The employee filed a lawsuit against the Joint-Stock Commercial Savings Bank of Russia for reinstatement, recovery of wages for the time of forced absenteeism, and compensation for non-pecuniary damage. In support of his claims, he indicated that he was dismissed from the post of senior engineer of one of the divisions of the Central Office of the Savings Bank of Russia under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation in connection with the reduction of the staff of the organization. The plaintiff considered the actions of the employer unlawful, since the dismissal violated labor laws, including that he was not offered all the vacancies available in the organization.

Refusing to satisfy the stated requirements, the court of first instance came to the conclusion that the employee was dismissed in accordance with the requirements of the law: the procedure for dismissal was not violated, there were no vacant positions in the Central Office of Sberbank of Russia that corresponded to the qualifications of the plaintiff. The defendant presented the court with information about vacancies in the branches (branches) of the Sberbank of Russia in Moscow at the time of the reduction in staff and at the time of the dismissal of the plaintiff. However, the court of first instance limited itself to examining the circumstances related to the possibility of the plaintiff's employment only in the Central Office of the Savings Bank of Russia, thereby making a mistake, which was subsequently eliminated by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.

By virtue of Art. 20 of the Labor Code of the Russian Federation by the parties labor relations are the employee and the employer. Employer - individual or a legal entity (organization) that has entered into an employment relationship with an employee. Thus, the party under the employment contract with the plaintiff (respectively, the legal entity and the employer) is the Savings Bank of Russia, which, by virtue of the law, is obliged to provide vacant positions during the procedure for dismissing employees to reduce staff in the same organization, including all its branches and structural units available in the area.

Under the locality means the locality located in the line locality according to the existing administrative-territorial division. In the situation under consideration, the employer was obliged to offer the employee all the vacancies he had in the city of Moscow.

In view of the foregoing, the panel of judges established the fact of the plaintiff's unlawful dismissal and issued a ruling on the restoration of the plaintiff to his previous position (Ruling of the Supreme Court of the Russian Federation dated 03.11.2006 No. 5-B06-94).

5.2. Requirements for a vacant position are established by Part 3 of Art. 81 of the Labor Code of the Russian Federation

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 (clause 29) clarifies: “dismissal is allowed if it is impossible to transfer the employee, with his written consent, to another job available to the employer that corresponds to the qualification, and to a vacant lower or lower paid job that the employee can perform taking into account education, qualifications, work experience and health status.

Thus, the employer is not obliged to offer the employee a job that requires a different education, higher qualifications.

An example from the practice of the Ulyanovsk Regional Court

By the decision of the Sursky District Court S., dismissed from the post of lawyer of CJSC "Sursky commercial Bank"according to paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, the claim for reinstatement was denied. The court proceeded from the fact that when S. was dismissed, the norms of labor legislation were not violated. The plaintiff was offered vacancies in a bank. The arguments that he was not offered the vacant position of an accountant were not taken into account by the court due to the fact that, in accordance with Art. 180 of the Labor Code of the Russian Federation, when carrying out measures to reduce the number or staff of employees of an organization, the employer is obliged to offer the employee another available job (vacant position) in the same organization that corresponds to his qualifications . S. did not have the necessary education and qualifications of an accountant and therefore the administration was not required by law to offer him the position. Judicial Gazette. 2005. No. 1 (21).

5.3. The obligation of the employer to satisfy the possible demands of the employee on the provision by the employer of the training of the employee in another profession, advanced training, professional retraining if there are vacancies for which he could be employed only after completing the training.

5.4. If the employer did not offer the employee a vacant position, in which the dismissed employee did not want, does not want and cannot work, for example, due to remoteness from the place of residence, location of this work in another region, etc., then the violation committed by the defendant cannot serve as the basis for the restoration of the plaintiff at his previous job, since it did not entail a real violation of his labor rights.

Examples from judicial practice

1. So, when considering the case on the claim of Ch. to the Federal State unitary enterprise the court found that the enterprise had a vacant position of an accountant of the 7th category, which the plaintiff, due to her qualifications, could fulfill, and which was not offered to her. At the court session, Ch. confirmed her desire to continue her employment relationship with the organization, working in the specified position. The Judicial Collegium for Civil Cases, agreeing with the decision of the Kotlas City Court, which satisfied the claims of the plaintiff, indicated the following. Defining the parties to labor relations (Article 20 of the Labor Code of the Russian Federation) and giving the concept of an employment contract (Article 56 of the Labor Code of the Russian Federation), the legislator proceeded from the fact that the employer is understood as a legal entity on behalf of which an employment contract is concluded with an employee. From the case it is seen that such in relation to the plaintiff is the Federal State Unitary Enterprise "Northern Railway”, therefore, she should have been offered the available during the period of her release in this organization (in the system legal entity in general) all vacant positions that corresponded to her qualifications, and to which she agreed to go to work. The defendant failed to comply with this requirement of the law.

2. In another example, the court found that during the period of the proceedings related to the release of the plaintiff, who worked as a deputy CEO OJSC, the organization had vacant positions of apparatchik (temporary job), loader and driver. The fact that these positions were not offered to the plaintiff in the course of employment was regarded by the court as a violation of the procedure for dismissal and reinstated Z. at work. Meanwhile, this violation could be the basis for satisfaction of the claim only if it entailed a violation of the rights of the employee. These circumstances turned out to be beyond the judicial investigation, the court did not find out from the plaintiff his intentions to continue working in positions not offered to him. In the same time, there is evidence in the case that the plaintiff was offered the positions of a locksmith, electrician, office worker, manager. At the hearing, the plaintiff affirmed your resignation from these positions, referring to the fact that they are not equivalent to the position he previously held, stating that for the same reason he would have refused the position of chief engineer if it had been offered to him. These circumstances clearly showed that the violation committed by the employer did not affect the plaintiff's rights.

5.5. The position for which the employee is on maternity leave is vacant and must be offered to released employees in the order of employment.

An example from the judicial practice of the Krasnoyarsk Regional Court

The plaintiff filed a lawsuit against the employer for reinstatement, recovery of wages for the time of forced absenteeism, and compensation for non-pecuniary damage. In support of her claims, she indicated that she had been dismissed from the post of advertising manager under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation in connection with the reduction in the number of the organization. The plaintiff considered the actions of the employer illegal, since the dismissal violated labor laws, including that she was not offered all the vacancies available in the organization. As the representative of the defendant explained, the vacancies were not offered due to their absence. However, the plaintiff presented evidence to the court that at the time of dismissal, the organization had one position for which the employee was on maternity leave.

The employer did not deny the existence of the position, but argued that this position was not vacant, since an employment contract was concluded with the employee on maternity leave, under which the employer undertook to provide her with the work stipulated by the contract. Accordingly, in the event of the decision of the employee to return from vacation, her position turned out to be occupied, which is a violation of the current legislation and the employment contract with the employee.

Satisfying the stated requirements, the court came to the following conclusions. The employer's arguments that the position in which the employee was on maternity leave is not vacant does not correspond to the current labor law RF. Maternity leave is granted in accordance with Art. 255 of the Labor Code of the Russian Federation. At the end of the maternity leave, the employee returns to work, to her position. For the period the employee is on maternity leave, the employer has the right to conclude a fixed-term employment contract with another employee for her position (in accordance with Article 59 of the Labor Code of the Russian Federation).

Thus, the position for which the employee was on maternity leave should be recognized as vacant. Consequently, the employer was obliged to offer the plaintiff this position, and she had the right to agree to temporary work or refuse.

As a result, the court ruled on the restoration of the plaintiff at her previous job in connection with the establishment of the fact of illegal dismissal.

It should be noted that if there is a position in which the employee is on parental leave, such position is recognized as vacant.

Domestic companies are having a hard time economic crisis, so the optimization of personnel is no longer a rarity.

Some enterprises are simply closed, some are changing their profile of activity, in any case, they all want to receive stable profit in changing economic conditions.

And this often leads to forced downsizing. But the dismissal procedure, even in this case, is not so simple, it is required step-by-step instruction helping to do everything according to the rules.

In such situations, the company itself initiates the termination of the working relationship, so the dismissed are protected by law and can count on guaranteed compensation.

The stage preceding the downsizing is an analysis of the financial position of the company. Its results should be presented in a report for management, presented by the chief accountant or heads of production departments.

It usually refers to a decrease in profitability, which indicates that the company is incurring additional financial losses. The usual way to minimize them is to review the number of posts. So, let's look at how the procedure for dismissal to reduce staff goes.

Approval of the new staffing table

One of the grounds that makes it possible to terminate employment contracts at the initiative of employers is the adjustment of the staffing table and the corresponding reduction in the staff and number of workers.

Until the moment of reductions, the directorate and the personnel department determine whether only the number of employees will be reduced, or the official staff will also be reformed.

By general rules, the new schedule is introduced no earlier than two months from the date of notification of employees whose positions have been reduced.

Notification of the employment service authorities

With a focus on the orders to be issued, several more notifications must be prepared in advance and without fail. The first is for the employment service.

According to the standards prescribed in Article 25 of the Federal Law No. 1032 - 1, first the enterprise is obliged to notify the Employment Center. The document states the intention to reduce some of the employees and that the company needs to find new vacancies for them.

Further, the inspector of the Labor Exchange, focusing on the information received, in short terms prepares and submits a list of proposed jobs.

It is formed taking into account the qualification data and the salary level of the released employees.

If there were no acceptable vacancies at the time of dismissal, but provided that the person was registered with the Exchange within 14 days from the date of termination of employment, the search for jobs will continue.

At the same time, payment of benefits is guaranteed for another 30 days. In exceptional situations, the allowance is paid for two months.

Trade Union Notice

As soon as an order is issued confirming the optimization of the state, the Trade Union Organization must be notified.

Especially in the case when mass layoffs are planned, and this is at least 5% of the total number of employees.

And also, if representatives or members of the Trade Union Organization itself are fired.

This situation obliges the enterprise to notify the Trade Union 90 days before the start of the reductions, in accordance with Article 82 of the Labor Code of the Russian Federation. In particular cases, the notice period can be reduced to 60 days, it all depends on the financial situation of the enterprise.

Who can and cannot be laid off

First of all, positions as such will be reduced if they are no longer needed by the company due to production reasons.

As soon as a position is selected, an assessment of employees will begin, namely: their qualifications, skills, benefits brought to the company now and in the future. The social position will be considered only if the above indicators are equivalent for several employees. Minor children, dependents, disability, services to the organization are taken into account.

Such a state filtering scheme is based on the preferential right to leave, which is used in optimization on the basis of Article 179 of the Labor Code of the Russian Federation. However, this scheme for assessing the qualifications and other labor skills of an employee is not always used. There are preferential categories, the company's management cannot dismiss them on its own initiative.

Who can't be made redundant? For example, when reducing staff (positions), do not dismiss the following categories:

Pregnant.
Single fathers and mothers, until the child is 14 years old.
Those who are on maternity leave, regardless of gender.
Employees with dependents.

But such benefits do not apply to the disabled and pensioners.

Employee warning

60 days before the reduction, the company's management is obliged to notify employees by handing them the appropriate document.

There is no legally established sample, but there are mandatory conditions regarding the information that is presented in it. This is stipulated in Article 180 of the Labor Code of the Russian Federation.

In fact, the organization not only announces the date of the cuts, but also gives good reasons that prompted the termination of employment contracts.

At the same time, the management offers vacant positions within the enterprise, even if they require lower qualifications or are paid lower.

It must be understood that the employee's refusal to receive such a notice cannot be taken as a reason for the abolition of the state reformation, or the postponement of the date of dismissal. And yet, a document confirming the start of the reduction process is handed over in front of witnesses. In case of refusal to receive, an act is drawn up attached to the described notification.

At present, each employee is reliably protected by the Labor Code of Russia and other regulations. This stops the arbitrariness of unscrupulous employers, preventing a hasty dismissal, even if it is justified.

Offer of alternative vacancies

In fact, while minimizing the staff caused by production reasons, the company is obliged to offer each of the employees another vacancy.

Regardless of whether they differ in salary and skill level.

If the downsized employee does not agree to take the proposed position, or the company cannot offer him anything, the employee has 60 days to look for work in another company.

When a suitable vacancy is not found, he is entitled to receive benefits.

Issuance of a notice of dismissal

Focusing on legislative norms, the dismissal of an employee with the reason “downsizing” becomes real only if all stages of the procedure are followed, each of which is regulated by by-laws.

If one of the stages was skipped, then the dismissed person has the right to decide through the court the issue of recognizing the dismissal as unauthorized. He has exactly a month to do this after he receives the appropriate order in his hands.

On the basis of the above-mentioned report, a decision is made to withdraw part of the posts from the staff, for which appropriate orders are issued.

First of all, an order is issued on the changes made to the state (the basis is economic analysis company position).

It must be submitted to employees at least 90 days before the start of the release procedure.

Such an order cannot be classified as an administrative document confirming the termination of the relationship between employees and the organization. But it is the basis for starting such a procedure.

This is followed by the submission of administrative documents on the reduction of staff. This is the next logical step in the process of laying off workers. The documents contain objective information about termination of employment due to layoffs. They are issued no later than 60 days before the termination of employment contracts.

It should be noted that it is not fixed anywhere in law that an order cannot be issued earlier than the agreed time.

This means that it can be formed earlier, but the entire set of documents required to accompany this order is handed over no later than 60 days before the dismissal.

Settlements with employees, payments and compensations

How to properly lay off a layoff worker?

According to the standards of Article 140 of the Labor Code of the Russian Federation, after the termination of the employment contract, the organization undertakes to pay wages to the dismissed and compensate for all vacation days not used by employees.

Due to the reduction of the position, the employee has the right to count on the allowance assigned by Article 178 of the Labor Code of the Russian Federation (in the amount of the average monthly salary).

There are precedents (due to the special conditions prescribed in the collective agreement) that affect the increase in the amount of the allowance, but it still cannot be more than three salaries. Usually these reservations apply to managers, or in companies with unlimited financial reserves.

According to Article 178 of the Labor Code of the Russian Federation, laid-off workers retain the right to receive benefits for the second month if they were unable to find a job and provided a work book without a note about a new position in another place, supported by an application for benefits.

Exceptional conditions suggest that the employee can be paid benefits for the third month, but for this he must have in his hands the relevant certificates from the Employment Center, indicating that there are no suitable vacancies.

When an employee is dismissed, the mandatory payment of benefits lies with the organization, and even after two months after the release, if the former employee provides all supporting documents, the employer also pays the assigned compensation.

Preparation and delivery of work book

Regardless of what was the basis for the dismissal of the employee, the directorate of the organization is obliged to issue a work book to the employee, observing all the norms specified in Article 84.1 of the Labor Code of the Russian Federation.

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