Preferential rights of the employee to leave the job in case of reduction. We reduce the number or staff of employees: step by step instructions

Job loss is almost always an unpleasant event. But it is one thing when a former employee is seen off with honor and gratitude for the work done, and another thing is when the dismissal occurs due to problems in the company itself, and even in a fraudulent way. Unfortunately, more than half of modern organizations sin precisely with the second type of dismissal. And naive citizens allow the leadership to violate their rights. To prevent this from happening, you need to know at least the basic nuances of the procedure for leaving work. In this case, we will consider what should be the procedure for dismissal to reduce staff.

Dismissal by reduction - memo to employees

The layoff procedure for downsizing is a headache for many companies. Loopholes that can facilitate this process, reduce costs and bypass the labor code are sought in almost every organization. And unfortunately, they are often found. To prevent this from happening, it is worth taking note of how the redundancy dismissal procedure should actually take place.

1. Any company should provide its employees with redundancy notice not later than two months before the actual reduction in the number of personnel occurs. Apart from general meeting and information on the stand, the leaders of the organization must convey the information to each employee personally and receive confirmation by his signature.

2. The conditions for dismissal by reduction consider the option in which the management can offer an employee who is deprived of his position other vacancies corresponding to his experience and qualifications. But most often this does not happen, because employees are not aware of the existence of such a duty of their management.

3. Another important nuance that you need to pay attention to is early dismissal due to redundancy. This situation occurs when an employee who has been made redundant has expressed a desire to quit early due to employment at new job. In this case, the organization has no right to interfere with the employee. With regard to compensation, the employee is entitled to rely on additional payment in the amount of average earnings calculated in proportion to the time left before the expiration of the notice period for the reduction.

4. Reduction payouts. If a corresponding entry is made in the work book, the employee is entitled to the following compensation upon dismissal by reduction:

Not later than last day of work, the employee must receive a calculation in the amount of the salary for the last month of work + compensation for all unused vacations
Together with the calculation, the employer is also obliged to pay in advance severance pay for the first month of an employee's unemployment. If the employee has not found a job within two months, the employer must pay another allowance in the amount of the average monthly earnings. Provided that 14 days after the dismissal, the employee registered with the Employment Service, but 3 months after the reduction he still found a job, he is entitled to another severance pay upon dismissal due to reduction and temporary unemployment.
Reduction benefits. In the event that an employee who has been laid off and registered with the Employment Service has not found a job within 3 months, starting from the first day of the 4th month of unemployment, he is entitled to receive benefits. It will be paid by the Employment Service in the following order:

starting from the fourth month after the dismissal for reduction and the next 3 months: 75% of the average monthly salary;
the next 4 months - 60% of the average monthly salary;
from the 8th to the 12th month - 45%.

Also, an employee who has fallen under the dismissal for reduction has the right to:

In order for all the listed benefits to be available, an employee dismissed due to a reduction in staff must contact the employment service at the place of residence within 14 calendar days from the date of dismissal.

If the conditions for dismissal by reduction described above were violated by the employer, the employee has the right to go to court. The law will always be on the side of the worker, in whatever country he may be. Each person is obliged to know their rights, and for this, at least sometimes it is worth looking into the labor code.

Losing a job is not exactly a pleasant moment. This may happen according to own will. Often there are layoffs due to redundancy. The payment of benefits in this case is guaranteed by law. The procedure for leaving work for this reason has its own characteristics.

concept

Reduction of staff is a procedure enshrined in law. Dismissal in this case should occur according to the Labor Code of the Russian Federation. Failure by the employer to fulfill its conditions entails the reinstatement of the employee to the position.

In addition, the employer pays for illegal dismissal salary for the duration of the absence. Often disputes over work are resolved in court. Moreover, the side of former employees is often taken.

Rules of law

Issues related to reduction are regulated by the Labor Code of the Russian Federation. Based aspects are present in:

Art. 178 and 179 - requirements and order.
Art. 261 - guarantees.
Art.296 - provisions on the reduction of seasonal workers.

Rights

The rights of the employee in case of staff reduction are protected by law. Some employees are provided with guarantees that protect against dismissal. They can be reduced only upon liquidation of the institution. There are some categories of people who are given a priority right to remain in office. Therefore, if it is liquidated, the employer must offer the person another job.

Enjoy the benefits:

Employees who have been ill or injured as a result of their work.
Persons who are dependent on 2 or more disabled people.
Employees who are considered the sole breadwinners in the family.
War invalids.
Workers who improve their skills.

For example, a person is considered the only one in the family who brings income. In case of liquidation of the position, the employer is obliged to offer him another vacancy.

Reduction Features

Dismissal may be carried out due to a reduction in staff or the elimination of a position. These procedures have their own characteristics. By law, management is not required to provide arguments that led to such events. But he still has to provide the reasons for the excess of personnel.

Staff - the total number of positions in the firm. Its reduction is often independent of management. But still, the norms of the Labor Code of the Russian Federation must be observed. In some cases, the reduction does not involve layoffs, but only the redistribution of employees. It can also apply to a specific position. Then a new schedule is drawn up, where there are no old posts.

The dismissal can affect all employees. This also applies to pensioners. The payment of benefits is guaranteed by law. For example, a person becomes registered with the employment service in order to receive income, and in the meantime, he is looking for a new job. A minor can be dismissed only with the complete liquidation of the institution, as well as with the permission of the State Inspectorate. In other cases, it is illegal to deprive people under 18 of their jobs.

Description of the procedure

There is a procedure for layoffs to reduce staff. When it is carried out, there is no reason to go to court because of illegal actions. The procedure is as follows:

An order is created. It should contain lists of positions that need to be reduced. The persons responsible for this procedure are also indicated. The form of the document is arbitrary.
A new schedule is drawn up based on Form No. T-3. It indicates the number of staff units, positions, rates and salaries.
An order is issued on the basis of the introduction of the staffing table. The document informs employees about the beginning of its action.
Candidates' personal files are being considered. A commission is organized to analyze the advantages of people. Based on the results, a protocol is drawn up, which indicates the conclusions about the impossibility of dismissing employees.
An alert is issued to employees about an upcoming event. All persons indicated in it must read and sign.
Those employees who decide to terminate the contract ahead of schedule need permission for early termination. It is sent to the employer in writing.
The notification is then sent to the employment center and the trade union.
If the employer has vacancies, the laid-off workers can fill them.
After all issues are resolved, an order of the form No. T-8 is issued to terminate the contracts.
Entries are made in work books, where paragraph 2 of part 1 is indicated
Employees get paid. Income statements for 2 years can also be provided.

This is the procedure for dismissal to reduce staff. If an employee who is registered with the military was fired, the management is given 2 weeks to notify the military registration and enlistment office about this. In case of reduction of the person from whose income the funds were paid writ of execution then the bailiff should be notified.

Notification

Only after notification should there be a dismissal due to staff reduction. The payment of benefits will be a legal measure of social protection of citizens. The notice must be issued 2 months before the new schedule takes effect. It includes a list of all dismissed. When a seasonal worker is laid off, notification must occur 7 days in advance. If an employee whose contract is valid for 2 months leaves, then the notification occurs 3 days in advance.

Without notification, the procedure will be invalidated. With the dismissal, a list of documents must be drawn up. In this case, the employer must comply with certain deadlines. For example, from the date of issue of the order to the procedure itself, at least 2 months must pass. Only in this case the procedure will be legal.

Payouts

If there was a dismissal due to a reduction in staff, the payment of benefits is guaranteed. Provided:

Salary for the last month and compensation for unused vacation. Payment must be made no later than the last day of work.
severance pay. If there was a dismissal due to staff reduction, the payment of this type of benefit is mandatory. It is transferred within 3 months after the reduction, if the person did not get a new job. For the first time, it is paid in advance, taking into account the calculation upon dismissal.
Privileges. Provided upon registration at the employment center, if no new job has been found for 3 months. Only then does this organization provide redundancy payments. Examples and features of these procedures allow you to understand what to expect. For example, if a person is considered unemployed for 4 months, then the employment center provides benefits, so the person can search for a suitable position.

Payouts

If there was a procedure for reducing an employee, he will receive payments based on the norms of the law. In this case, the amount corresponds to the amount of the average monthly income.

Benefits are calculated as follows:

From 4 to 7 months - 75%.
From 4 months after the designated period - 60%.
Then - 45%.

Income must be provided to all, wherever layoffs occur. Examples of compensation will help determine how much to expect. The average income of an employee is taken into account. If it is 20,000 rubles, then in unemployment it will be 15,000 rubles from 4 to 7 months. Then the income will decrease. During this time, with the help of the employment center, you can search for a suitable vacancy.

Who is not allowed to be fired?

There are several categories of persons to whom guarantees are provided. It will not work to dismiss them, it is considered an exception. They should be offered other vacancies. The new job should be similar to the old one in terms of pay and qualifications.

Can't be fired:

Pregnant.
mothers of children with disabilities.
Mothers with children under 3 years of age.
Single mothers with children under 14.
Single fathers with children under 14.
Minors.
Employees on vacation.
Temporarily disabled.

Guarantees

The law provides guarantees for persons who have been laid off. They have a period during which you can find a new job. Employees are eligible for another position, if any. Transfer to another branch of the company is possible. The guarantee includes receiving benefits.

If there are complaints about the staff reduction procedure, within a month, you can go to court to appeal the decision. It should be borne in mind that this body does not always reinstate people in their positions. For example, this cannot be done if the employee does not fit the privileged category, and the procedure is performed legally. The court can change the wording of the entry in the work book, as well as ensure the transfer of payments for forced absenteeism.

And the employer can provide evidence of the legality of dismissal with the employee:

Old and new schedule: one document will indicate the position, and the second will not.
Personal files of candidates: one may have benefits, while the other may not.
A written refusal of a person to receive a new position.

Thus, dismissal on reduction has its own characteristics. Both parties need to take into account the norms of the law, since they regulate such relationships.

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.

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 higher labor and qualification indicators
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 labor inspection. After compiling the list, the employer must take the following actions, which we will write down in steps.

Layoff to reduce staff in 2018: 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 of dismissal and these 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 staffing. Still need a new approved.

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

In the presence of trade union organization it also needs to be notified of the reduction taking place. The issue of timing was controversial for some time, but by definition No. 201-O-P, which was issued on January 15, 2008, they determined the timing - notify 2 months before the date of dismissal, in case mass action- for 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 as amended No. 1469 dated 12/24/2014 - with a reduction in the enterprise for 2 months (according to Appendix No. 1) or for mass layoffs, then 3 months (according to Appendix No. 2).

Step 4. Dismissal order

For the final initiation of dismissal, it is necessary to issue an order for. 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, to write a statement of his own free will. Payments are regulated by Art. 178 TK.

Upon dismissal due to redundancy, the employee is entitled to a severance pay, which is the amount of one average monthly salary, and also 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.

In addition, the employee is entitled to standard payments - (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

In case of 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 for recognition of such dismissal as unlawful, as well as recovery from the employer during his absence the amount of average earnings.

The step-by-step instructions for dismissal to reduce staff, presented in this article, talk about the procedure for reducing employees, about how to reduce staff in 2017 legally correct. From this step-by-step guide to downsizing, you will learn who can and cannot be laid off, which employees are given priority in the redundancy procedure, what formalities must be met and get answers to other questions.

Reducing the staff of an organization is a rather complicated procedure that ensures strict compliance with legal rights employees and requiring a clear sequence of management actions. This article, step-by-step describing the reduction procedure with a description of the most important points, which you should pay close attention to, will help both employers and employees avoid conflicts, mistakes and other problems. In case of any disputes, contact an employment lawyer.

Step-by-step instructions for downsizing

So, the employer decided to reduce the number or staff of the organization. How to start the reduction process?

Step 1. Approval of the new staffing table

It is possible to reduce an employee only after his position is excluded from the staff list. Therefore, first of all, the employer must amend the current one, or develop a new staffing table, approving it by appropriate order. The order is issued at least 2 months before the scheduled start date for layoffs, and in case of mass layoffs, 3 months in advance. This order must contain a reasoned explanation of the need for reduction, the timing of the reduction measures, as well as the effective date of the newly issued schedule.

The order should be registered in working order (in the appropriate registration book) and brought to the attention of employees.

Step 2. Notification of the employment service authorities

According to current legislation, the employer is obliged to notify the employment authorities in writing about the upcoming reduction in staff. For legal entity maximum terms make up - 2 months, for an individual entrepreneur - 2 weeks before the start date for the implementation of layoffs. In the event that the reduction is massive, the employment service must be notified no later than 3 months before the start of layoffs. The sent notification should be registered in the log of outgoing documents.

Step 3: Notice to the trade union organization

According to Art. 82 of the Labor Code of the Russian Federation, the employer is obliged to notify the body of the trade union organization of the planned reduction - 2 months (or earlier) before the start of layoffs. In case of mass cuts - 3 months. To do this, a draft order and copies of the documented grounds for making such a decision are sent to the trade union. The trade union, within 7 working days from the date of receipt of the notification, must respond with a reasoned opinion in the form of a written protocol of the meeting of the trade union.

If it is impossible to reach a compromise, the employer has the right to accept independent solution which can be subsequently appealed.

The collective agreement may provide for a different procedure for the participation of the trade union body in the reduction procedure.

Step 4. Who can and who cannot be fired on a reduction?

The employer must decide which positions and which employees it would be appropriate to reduce. At the same time, it is important to take into account that there are a number of categories of “inviolable” workers (see Art. 261 of the Labor Code of the Russian Federation), whose dismissal is prohibited by law, as well as employees who have a preferential right to remain at work (see Art. 179 of the Labor Code). Employees should familiarize themselves not only with these articles of the Labor Code of the Russian Federation, but also with the Collective Agreement approved by the organization, since it may provide for additional categories of employees with a preferential right to remain at work.

Compliance with this right of employees must have documentary evidence - in the form of a summary Comparison Table, or a protocol of the decision of the commission to reduce the number and staff.

Step 5. Warn workers

It is necessary to give a written notice of the upcoming reduction to each laid-off employee against signature:

at least 2 months before the dismissal - for employees hired on a demon fixed-term contract;
at least 7 days in advance - seasonal workers;
at least 3 days in advance - for employees working under a fixed-term contract, lasting no more than 2 months.

The notification is drawn up in 2 copies and is subject to registration in the usual manner.

Both the employee and the employer can terminate the employment relationship before the expiration of the termination notice, with the consent of the other party to the contract.

Step 6. Suggestion of alternative vacancies

The management is obliged to offer the employee all the vacancies available in the area and corresponding to his qualifications and state of health. The proposal is drawn up in 2 copies, indicating the term for the decision to be taken by the employee and recorded in the relevant registration journal. One copy remains with the employee. On the second copy, the reduced person signs for receipt.

Before the date of dismissal, the employee should be offered new vacancies, in case of their occurrence or release. If the employer is not able to provide an alternative vacancy, it is recommended to draw up a notice of the absence of vacancies and the impossibility of transfer and bring it to the employee against signature. After that, you can proceed to the dismissal procedure.

Step 7. Issuing a dismissal order

Issuance, registration and familiarization of the employee with the termination order labor relations happens in the standard way. The employer must take into account that it is impossible to reduce an employee during a sick leave or vacation (with the exception of the procedure for liquidating an enterprise).

Step 8. Settlements with employees, payments and compensation

On the last day of work with a laid-off employee, a final settlement is made with the payment of wages, monetary compensation for unused vacation, severance pay, additional compensation (in case of early dismissal). (For certain categories of workers, other amounts of benefits may be provided).

The employee is provided with the right to receive an average monthly salary for the period of employment, but not more than 2 months from the date of dismissal, taking into account severance pay (within 3 months - by decision of the employment service).

According to Art. 140 of the Labor Code of the Russian Federation, if the laid-off employee was absent on the day of dismissal, then the due amounts are paid no later than the next day from the moment of the statement of demand for the calculation.

Step 9. Registration and delivery of a work book

The personnel department draws up dismissal entries in work books and personal cards of laid-off workers: “dismissed due to staff reduction, paragraph 2 of article 81 of the Labor Code Russian Federation ».

Documents, including certificates of average wages and 2-personal income tax, are issued to each employee against signature on receipt - on the day of dismissal.

We hope that the layoffs are downsizing. step-by-step instruction implementation of which we have disclosed, will be carried out effectively and painlessly.

Material prepared to order law firm"Dominium"

Layoff for downsizing in 2017

According to the Ministry of Labor, in 2016, the number of jobs was significantly reduced at enterprises related to industry. As a result, the number of unemployed has increased.

Changes have taken place in the Labor Code of the Russian Federation - Russians now have priority in hiring compared to labor migrants from the countries of the Near Abroad.

In our article today, we will look at who can be affected by layoffs, who cannot be laid off, and also find out what is the compensation for layoffs due to redundancy in 2017.

Downsizing 2017: who might be affected?

In 2017 for budget organizations cuts in funding are envisaged, which means that employees public sphere may be at risk. These include:

teachers;
librarians;
employees of the Federal Penitentiary Service;
Mosgostrans employees;
telecommunications workers.

In addition to the above groups, redundancy layoffs in 2017 may affect:

office workers;
builders;
pensioners and other categories of citizens.

A difficult situation has developed in the domestic auto industry and the banking sector. The management of VAZ made a statement about a possible reduction in the number of its employees.

It should be noted that a rather difficult situation with labor activity is observed not only in the constituent entities of the Russian Federation, but also in the capital - in Moscow. It is likely that the unemployment rate this year will be at 6.4%, which is higher than in 2008.

At the initiative of the employer, in accordance with Art. 81 of the Labor Code of the Russian Federation, it is possible to dismiss an employee to reduce staff in two situations:

1. The employer has the right to terminate the contract if the organization completely ceases its activities due to liquidation. In this case, all employees are dismissed, even those who are included in the list of privileged categories that are not subject to reduction.

2. There is a decrease in the number or staff of employees.

Who cannot be reduced by law?

Dismissal to reduce staff should take place in accordance with the norms of the current legislation.

The following categories are not eligible for layoffs:

employees whose families have no other source of income;
employees who were injured at the enterprise;
employees who have two or more dependents;
employees who are on vacation;
mothers with children under three years of age;
single mothers;
pregnant women;
employees who have not reached the age of eighteen;
employees undergoing advanced training;
temporarily disabled workers;
WWII invalids.

If the norms of the Labor Code of the Russian Federation are not observed, the reduction of staff is considered illegal.

The procedure for dismissal of employees in case of staff reduction

The procedure for dismissing an employee to reduce staff is as follows:

Read also: Abbreviation of units of measurement

1. Order to terminate the contract labor activity.
2. Preparation of documents.
3. Making settlements with the employee.

The Labor Code describes in stages the mandatory actions of an organization that has decided to reduce the number of employees:

issuance of an order;
employees receiving a notice of reduction no later than two months in advance;
notification by the organization of the employment center (trade union);
procedure for dismissal of an employee due to staff reduction.

Please note that in 2017, the order to reduce staff must contain the terms and date of the reduction.

Employees who have been made redundant must carefully read the document and put their signature on it. The redundancy notice may contain a proposal to transfer to a reduced work schedule or to another position.

Downsizing - Compensation 2017

Upon dismissal due to redundancy, an employee is entitled to a severance pay. In addition, in some situations, the organization must provide financial support to the employee until he gets a job.

The legislation provides for the procedure for calculating benefits in case of a reduction in the number of employees.

Part one of the Labor Code states that the severance pay to an employee cannot be less than the average salary (per month).

The organization is obliged to pay compensation to the dismissed employee for two months before the employment of the former employee of the organization or enterprise.

In order to receive compensation, the employee must register with the Employment Center within two weeks. Compensation is due to those employees who could not get another job during this period.

For workers in the Far North, the rules for receiving compensation are different. They have the right not to register at the Employment Center for three months and receive compensation. If such employees are registered with the EPC in a month, then they receive material support from the organization for the next three months.

It should be borne in mind that when paying the average monthly salary, it is necessary to deduct the amount of the severance pay received by the employee upon dismissal.

How is severance pay calculated?

After the order is issued by the organization, it is necessary to accrue the amount of severance pay. In this case, the document must be drawn up very carefully and without errors.

The order must clearly state the reasons for termination. employment contract with an employee. Be sure to indicate the number of the article of the Labor Code.
Upon dismissal, the employee receives severance pay on the day following the termination of the employment contract.

If there are claims from the employee, he has the right to go to court. That is why it is very important to agree on an amount that would suit both the employee and the organization.

If the employer violates the terms of payment of funds, then he is obliged to pay compensation former employee. For each day of delay, interest is charged (at least /300 of the rate Central Bank RF).

If the employer does not pay due cash, That former employee has the right to sue him, and at the court to declare a claim for additional compensation, in addition to interest for delayed payments:

legal fees.

How to calculate severance pay?

Based on part three of 139 of the Labor Code, the accounting department of the organization calculates the average salary of an employee.

Thus, to calculate the amount of severance pay, you need the amount wages divide the employee by the number of days that the employee had to work in the organization (based on the salary for the year). The amount received must be multiplied by the number of days that the employee worked in the month following the date of dismissal.

In accordance with the norms of the Tax Code of the Russian Federation, severance pay is not subject to personal income tax. The employer is not entitled to do with benefits and insurance premiums and payments.
It should be noted that many enterprises and organizations seek to dismiss employees of their own free will. In such a situation, compensation to the former employee will not have to be paid.

In addition to the procedure for dismissal of employees, the Labor Code of the Russian Federation contains a list of compensation payments upon dismissal due to redundancy:

1. Receiving a salary for the entire month worked.
2. Compensation for unused vacation.
3. Severance pay.
4. Average salary (for the period of cooperation between the employee and the enterprise).

Please note that the code contains a rule according to which an organization or enterprise can make payments at different times.

Reduction of pensioners

According to statistics, in 2016 more than 38% of citizens of retirement age continued to work. Recall that the retirement age for women is 55 years, and for men - 60 years. Pensioners also include people who are disabled or who have lost their breadwinner.

The Labor Code of the Russian Federation (Chapter 27) contains detailed information on the procedure for making payments in case of redundancy. At the same time, according to the law, there is no difference between an employee and a retired employee. Therefore, very often this category of employees falls under the reduction.

In recent years, very often it comes to court when a pensioner disputes the legality of his dismissal from office due to age.

Compensation and calculation upon dismissal due to redundancy in 2017

If the organization ceases its activities for any good reason or the employer needs to reduce the number of staff, he has the right to dismiss the employee on his own initiative.

In this case, he must strictly comply with the rules and regulations for dismissal. Also, the employer is obliged to pay the employee all the financial compensation for the reduction laid down by law.

In the current difficult crisis year of 2017, this topic is more relevant than ever. For both employers and employees who need to know what they and their families can expect if they are not fired on their own initiative.

Provisions of the Labor Code of the Russian Federation on layoffs for 2017

The law provides for various reasons for the dismissal of employees at the initiative of the employer.

This situation is directly related only to the first two paragraphs of the Labor Code of the Russian Federation, Art. 81.:

The employer has the right to terminate the contract if the organization completely ceases its activities due to liquidation.
There is a decrease in the number or staff of employees.

All employees without exception fall under the first paragraph, even from the list employees with privileges, as the enterprise ceases to exist as a whole.

Learn about the provisions of the Labor Code of the Russian Federation on dismissal due to redundancy from the video.

How to properly reduce the staff and calculation in 2017

When reducing staff, it must be understood that a decrease in the number of staff or positions is being made.

Under the reduction of positions is understood, for example, the dismissal of a manager at an enterprise where an engineer, marketer, manager and salesman work.

If the organization employs two engineers, three marketers and five salespeople, and after the reduction, only an engineer, a marketer and three salespeople remain, in this situation we are talking on layoffs.

At first glance, everything is simple: the law says that the employer has the right to lay off workers if he needs it, he just needs to choose people or positions.

But in practice, there are many rules that must be followed when reducing staff.

Let's find out more details about them.

Reduction

The reduction procedure itself looks like this:

The employee is notified in shifts that he is subject to layoffs.
The organization issued a dismissal order.
On the last working day, the reduced employee receives a full payment.

Everything is done approximately according to the same principles as the termination of an employment contract for any other reason.

Reason for leaving an employee

Despite the difficult times, the owner cannot simply lay off his employees any day. In order to legitimately make a reduction, it is necessary to have a normal justification that will convince the labor commission.

Evidence is needed, for example, that the industry where the dismissal is being made is extremely unprofitable and the owner has no other choice but to close this position.

Where to begin

To begin with, you can check empty vacancies, it often happens that according to documents, for example, 4 economists work in an organization, but in fact there are only 2 of them. You may not have to fire anyone, but such a procedure will not add funds either.

If it came to dismissal, first of all you need to start:

from employees who are already retired;
employees with little experience and seniority;
those who are less useful to the organization.

But everything must be tactful and thorough so that the employee has no reason to sue you.

Who can't be fired

employees of minor age;

employees who are in position;

women with a child under three years of age;

workers raising a child under 12 alone.

Transfer to another position

Before terminating the contract, it is necessary to offer the employee other available vacancies at the enterprise, with any salary and level, even if it is a cleaner. There is no need to provide vacancies with higher qualifications than this employee.

Read also: Is sick leave included in work upon dismissal

Alert

Two months before the reduction, the employee must be notified in writing about the upcoming event. At the same time, you need to notify the employment service and the trade union committee.

It is impossible to resolve the issue with one notification for ten employees, each must familiarize himself with the decision individually, against signature. By the way, the employee does not even need to write a letter of resignation, since the initiative comes from the other side.

Find out about payments to an employee in case of redundancy on our website.

On the dismissal of a serviceman for health reasons in the article. The legal side of the issue, payments and compensation, the procedure for dismissal from the Ministry of Internal Affairs for health reasons.

A sample of the internal labor regulations is here.

What compensation, payments and benefits are due upon dismissal due to redundancy in 2017

The final working day is the day of reduction, after which the entrepreneur is obliged to pay certain compensations:

holiday compensation for unused vacation time:
severance pay;
any existing debts to an already former employee.

Average earnings are calculated based on the average wage and the time during which the employee worked in this organization.

According to the Labor Code of the Russian Federation, with a reduction, an employee can count on the following payments:

Severance pay (in the amount equal to the monthly salary).
Compensation for the time until the employee has found a new job (time limit).
Compensation provided for certain situations.

Before an employee gets a new job, he is entitled to receive a monthly salary from his former employer.

Usually the period is limited to two months, rarely there are cases when the period is extended to six months.

If the entrepreneur delays or partially pays compensation, his actions are illegal. Also, if funds are not accrued at all, a former employee can sue a negligent entrepreneur.

And even get additional compensation:

for causing moral harm;
percentage for late payments;
compensation for the services of a lawyer and others.

Settlement period for downsizing

It is not necessary to pay everything on the same day when laying off workers.

Actually, on the day of the reduction, the employee must receive the final calculation:

salary;
vacation pay;
severance pay for one month.

At the end of the month after the reduction, the dismissed employee is no longer entitled to mandatory payments.

At the end of the second month, if the laid-off worker provides the employer with a work record without new work records and submits an application, the employer must pay compensation for another month.

If the dismissed employee managed to get a job, say, from the 15th day of the second month, the benefit is calculated only for the time when the employee was unemployed, that is, for the first 15 days.

After the end of the third month, compensation continues to be paid only in some cases.

It is not necessary for the employer to pay compensations for the second and third months on the dates coinciding with the payment of salaries of working employees, since this payment is no longer wages.

Payment can be made on any days that must first be agreed with the dismissed employee.

How to dismiss pensioners and pay them compensation

Employees who are pensioners are made redundant on standard basis. There are no differences in the procedure for reducing a pensioner from if it were an ordinary employee before retirement age.

The only difference is that an employee of retirement age who applied to the employment center and did not find a job may require the employer to keep earnings for the laid-off employee for the third month from the date of dismissal.

The employee is required to apply to this body in the next two weeks after the reduction, only in this case he can count on an additional payment.

This issue is resolved through the court, and there is no unequivocal decision of the court, everything is individual. For some regions, even the question of paying compensation for the fourth, fifth or even sixth months is being considered.

You need to know your rights and stand up for them. This formulation is equally suitable for both the entrepreneur and the employee.

Features of the dismissal of an employee in connection with the liquidation of an organization or a reduction in staff can be found in the video.

The procedure for dismissal to reduce the number or staff

Article 81 of the Labor Code of the Russian Federation provides for the right of the employer to formalize the dismissal of employees in the event of a reduction in the number of staff. In this case, it is most important in this situation to fully comply with the entire order. Otherwise, various penalties for violations of the law may arise.

Download the text of Article 81 of the Labor Code of the Russian Federation

Dismissal to reduce staff step by step instructions 2017

This year, the procedure for dismissal with a decrease in the number of employees remained largely unchanged.

The procedure for dismissal to reduce the number or staff :

Issuance of an order on the planned reduction in the number of posts.
Familiarization of all employees with the order.
Notification of trade unions, employment services.
Termination of the contract.

Upon familiarization with the order, the employee may agree to some other position proposed by the management, and then the transfer procedure will follow for him. Also, some employees may leave early and receive compensation during this time.

It is very important not to confuse orders at different established stages of the procedure. A certain procedure for issuing documents is provided: initially, an order should be issued stating that a reduction in the number of enterprise personnel has been initiated. Further, a second order is issued at the final stage for each employee to terminate the employment relationship with him.

How to file a redundancy notice?

If it is necessary to reduce the number of personnel, then a certain procedure should be followed. In this case, there are additional nuances that must be taken into account in order to avoid violations of the procedure:

it is important to coordinate the reduction of the number of employees with the trade unions;
the procedure provides for the existence of an important reason for reducing the number of employees in the company;
when it is planned to liquidate a specific position, then if there is an alternative, the employer must necessarily offer another position to the employee. If he does not agree to it, then the dismissal follows, if he agrees, an application is written to transfer the employee to a vacant position;
it is necessary to strictly take into account the moment that some employees cannot be reduced, only in the event of the liquidation of the company.

How long before employees need to be warned about layoffs due to redundancy?

If it is planned to reduce the number of staff, then the procedure provides for the obligation of the head to notify in advance of the upcoming dismissal of employees in the near future. After the decision to carry out the reduction, it is required to issue an order. It is necessary to familiarize all your employees with it against signature. This must be notified at least 2 months in advance. before the date specified in the order.

Who can't be fired due to redundancy?

Not every employee can be fired on the basis of staff reduction. The law clearly defines the categories of employees whom the organization cannot dismiss due to a reduction in the number of staff. It is possible to reduce such an employee if the enterprise is suddenly completely liquidated.

So, dismissal due to downsizing cannot be applied to the following categories of employees :

pregnant women and women on maternity leave;
single mothers;
mothers of disabled people;
disabled people;
sole breadwinners;
employees who undergo mandatory training in the company, for example, by distribution after study.

The employer can still dismiss such employees - by agreement of the parties. The instruction provides for a certain order of priority for reduction. For example, you can fire a less qualified employee or someone who has worked less time in the company, if we are talking about employees who both do not have additional benefits.

Payments upon dismissal due to redundancy in 2017

The Labor Code provides for the right of an employee to receive certain payments. That is why it is important that the correct entry is made in the work book - the payment of benefits will depend on this.

So, they decided to cut the employee - he can get payment in the amount of the average monthly salary . Further, it can become to the stock exchange, receive benefits 2 months - 2 average salariess . After that, only a payment on a general basis is due, if a person has not managed to find a new job.

Just like any citizen of the Russian Federation, an employee receives on the day of dismissal, compensation for unused vacation time, salary for the current month proportionate to the number of days worked.

Is additional compensation due upon redundancy?

In addition to the standard severance pay, the procedure provides for the right to receive additional compensation if there is an early termination of the contract . The instruction says that the manager must warn in advance about the upcoming reduction. Then the employee can work the remaining 2 months or quit immediately, while receiving an additional payment for the entire upcoming period - 2 average salaries . All other payments are also due in the standard order.

Sample letter of resignation for redundancy 2017

The instruction provides for a certain procedure for compiling orders. Best to find type specimen and then enter your data into it, since essential conditions must be present in it.

The general reduction order contains:

date when employees should be fired;
a list of positions to be reduced;
reason;
basic information about the enterprise;
proposed alternative jobs.

The order regarding a single employee must contain:

grounds for dismissal Art. 81 ;
date of termination of the relationship;
position and basic data of the employee.

The employer retains the right to emphasize that the employee himself refused the proposed alternative vacancy.

According to the Labor Code of the Russian Federation, the grounds for dismissal of an employee, initiated by the employer, may be a reduction in staff or the number of employees.

A reduction in staff means that a certain position is abolished, and all employees occupying it will be fired. The reduction in the number of employees is that the position remains, but the number of employees occupying it decreases. Both in the first and in the second case, the reduction process must take place in the prescribed manner, without violating the rights of the employee.

Reduction Notice

Having made a decision on the upcoming reduction, the employer in writing, at least two months before the start of layoffs, is obliged to notify the employee personally about this. The fact that the employee was given a notice of reduction properly will be evidenced by his signature on the letter.

The fact that the enterprise is preparing to reduce workers must be reported not only to those who fall under the dismissal, but also to the trade union organization and the employment service. The deadline for notifying the elected body of the primary trade union organization is the same as for the employee, i.e. no later than two months before the start of the cuts, and in case of mass layoffs - three months.

It is possible to dismiss members of a trade union in connection with a reduction only with the consent of the trade union organization. The deadline for notifying employment services about a future reduction is the same - two months before the start of measures to dismiss workers.

For employers working as individual entrepreneurs this period is two weeks. In his appeal to the above bodies, the employer must indicate full information about the position, qualifications and working conditions of each dismissed employee.

Guarantees for laid-off workers

According to the law, reducing the number of employees or staff, the employer must offer the dismissed employees a different position at this enterprise.

At the same time, the proposed position must correspond to the qualifications of the employee, his state of health, however, it can be both lower and lower paid. In case of reduction, the employee has the right to receive from the employer data on all vacancies that are in the given area or, if provided for by the collective agreement, outside it.

And only on condition that the employer cannot fulfill its obligations to the employee to provide him with a free vacancy, or the employee refused to provide written consent to the proposed job, a reduction can be made.

If the parties have reached an agreement, there is no need to wait for the end of the two-month term to terminate the employment contract.

Priority right to stay at work in case of staff reduction

The guarantees established by the legislation for laid-off workers also include the right of pre-emption in case of being left at work in case of reduction. This right lies in the fact that the employer will have to leave at the enterprise the employee whose qualifications are higher and the quality of work is better than that of others.

If there are several such employees, then according to the legislation, the following categories have the right to retain their position:

- employees who support two or more disabled family members;
- workers whose earnings are the only source of income for the whole family;
- employees who, while working at this enterprise, received an injury or occupational disease;
— invalids of the Great Patriotic War and disabled people who took part in military operations to protect the state;
- employees who improve their skills at the place of work in the direction of the employer.

IN collective agreement, which is compiled at an enterprise or organization, an extended list of categories of employees who have the preferential right to remain at work during staff reductions may be indicated.

In addition, the Labor Code of the Russian Federation protects against contraction pregnant women, mothers who are raising children under three years of age, single mothers raising children under the age of fourteen, or a disabled child under eighteen, as well as those who are raising the listed categories of children.

Can't be fired and employees who are on vacation or on sick leave at the time of reduction due to temporary disability. In case of violation of this rule, the employee has the right to appeal the dismissal in court and be reinstated in his previous position.

This must be done within one month from the day the employee received a copy of the dismissal order or from the moment the employment history. Otherwise, you will have to restore the missed period in court. According to the Code of Civil Procedure, the prosecutor must make his opinion on the issues of reinstatement, he can also appeal the court decision.

Employee's right to severance pay

Terminated employee contract of employment due to downsizing or downsizing has the right to receive severance pay from the employer. The amount of the allowance should be equal to the average monthly earnings during the period of work at the enterprise or organization.

The average monthly salary must be retained by the employee who has lost his job for the entire time it takes to find employment, but no more than two months from the date of dismissal. Severance pay can also be paid in the third month after the dismissal, but only if, after the reduction, the employee registered with the employment service and for two weeks they could not find a new job for him.

An employment or collective agreement may stipulate increased amounts that are paid to employees in the event of a reduction. For those who work in the Far North or areas with the same status, labor legislation determines longer terms for paying severance pay in the event of a reduction.

For unworked days leave due to layoffs, deductions from wages are not allowed.

As you can see, the state protects citizens from unreasonable layoffs, establishes compensation in case of job loss, and gives citizens the opportunity to challenge their dismissal.

What to do after receiving a layoff notice?

Do nothing in the first minutes and even hours. Any juristic documents should be taken into account with a calm mind.

Read the notice of reduction carefully. Pay attention to the dates Bank details, the presence of the signature of the head.
Read the list vacancies, which you can claim in the event of a reduction. It must also be certified by the signature of the head of the enterprise.
Find out if the trade union committee has agreed to the reduction.
Sign the documents and work quietly for more than 2 months, if you agree and do not belong to one of the following categories of citizens:
- pregnant woman;
- a woman (or other person) raising a child under 3 years of age;
- a single parent (or other person) raising a child under 14 years old, or up to 18 years old if the child is disabled;
- sole breadwinner in a family with 3 or more children.

You can agree in writing with the administration's proposal for early dismissal. In this case, you are paid the average salary for the remaining period and all other money due to the reduction.

Can I not sign a redundancy notice?

Yes, you can. The countdown will only start from the moment you sign the notice of reduction. If the document does not contain the signature of the head or the date of familiarization, it cannot be signed.

Also, if you do not agree with the actions of the leadership or belong to one of the categories of citizens listed above, you can, without signing any document, file a claim with the commission on labor disputes.

The employer may ask you to state in writing the reasons for refusing to sign the documents. Write explanations in duplicate, get your copy certified by the secretary. This document can also testify in court, both in your favor and in favor of the head of the enterprise.

But you can opt out of these actions. If you disagree again, the administration has the right, in the presence of witnesses, to draw up an act reflecting the fact of a warning about the reduction and your refusal to sign.

If the commission on labor disputes decides the case is not in your favor, the countdown of the 2-month revision will begin from the day the act is drawn up. Further, the employee has the right to apply to the people's court ( Art. 201 Labor Code of the Russian Federation).

Woman gets pregnant after signing redundancy notice

IN Labor law RF it is clearly indicated that termination of an employment contract with a woman who is in a state of pregnancy is not allowed, with the exception of the complete liquidation of the organization. The same rights are enjoyed by a woman who has already signed a notice of reduction and after that she learned that she was expecting a child.

about any priority right there can be no question of downsizing, she cannot be fired at all. A woman has this right only if she submits a medical certificate of pregnancy before dismissal (within two months).

You must write a statement indicating the reason why you are requesting the suspension of the reduction order with a note that a copy of the document (medical certificate) is attached.

The application is written in two copies. One is served on the table to the head, the other is certified by the secretary and kept by you.

If the employer does not agree to revoke the layoff order, the certified statement will be your evidence in court to provide information to the administration about the pregnancy.

It must be remembered that an employee who has learned about a violation of his rights must apply to the court within a month from the date of dismissal (not the day the order for dismissal is signed) or the work book is handed over (against signature).