If the dismissal of an employee does not occur on his initiative, then it is always unpleasant and offensive for the employee. Most people try to avoid this situation. However, there are times when dismissal is inevitable. This happens when the company's workforce is reduced. If you have received notice of dismissal due to redundancy, then early dismissal may be a good alternative.

Resign voluntarily?

According to the Labor Code, when an employee is dismissed due to a reduction in the company's staff, the employee is given a notice of the upcoming reduction of position and dismissal of the employee no less than 2 months before the scheduled date of dismissal. But quite often a situation arises when the employee himself asks for earlier termination. employment contract. This could be due to a number of reasons. One of them - a man found new job. Fearing that the vacancy will be filled by another applicant, he strives to begin his duties as soon as possible.

On what basis in this option should an employee resign? After all, he expressed his own desire, at the same time this desire was caused by staff reduction. The basis for dismissal determines whether severance pay and average salary for the duration of employment will be paid, additional compensation calculated in proportion to the time not worked by the employee before the end of the layoff notice period.

The Constitution of the Russian Federation and the Labor Code guarantee all citizens the right to work. And where exactly, in what organization, company, firm the employee will exercise his right depends on him. Therefore, the employer cannot interfere with the employee’s desire to resign before the date of dismissal due to redundancy. An employee can submit a corresponding application at any time.

In this case, the employee must clearly understand that upon dismissal due to at will he does not lose the right to those guarantees and compensation that would have been provided to him upon dismissal due to staff reduction. At the same time, this early dismissal is not caused by the employee’s “own desire”, but is a forced, “hidden” dismissal due to staff reduction.

Early termination of the contract due to staff reduction

The Labor Code of the Russian Federation makes it possible to dismiss a redundant employee before the deadline that determines the notification of early dismissal. According to Part 5 of Art. 180, an employer may terminate an employment contract with an employee before the expiration of the term with his written consent.

Thus, according to this article, the right to early termination of the contract is granted to the employer, and not to the employee, although the employer can exercise it only with the consent of the employee. That is, initially it is the employer who decides on the advisability of working out the entire period indicated in the notification.

But this provision cannot prohibit an employee from initiating the process of terminating an employment contract early. Moreover, the Labor Code does not force the employer to necessarily satisfy this request of the employee. Therefore, in order to terminate the contract for staff reduction early, both parties must be interested in this. And the employer comes first, since it largely depends on him whether this reduction will occur or not, and the employee retains the right to agree or refuse this offer.

Application for early termination of an employment contract due to staff reduction

An employee can also come up with an initiative for early termination of the contract in compliance with all possible legal guarantees provided for in Article 180 of the Labor Code. Whether to agree to this proposal is the prerogative of the employer. In this case, in order to make the right decision to lay off an employee, a large role is given to the application for early termination of the contract.

To dismiss an employee not on the basis of his own desire, but due to staff reduction, the application must be written correctly. Its text must exclude double interpretation. The request must be stated in detail and clearly.

It is necessary to indicate that the employee is familiar with the beginning of the procedure for his dismissal in connection with the upcoming reduction in staff, indicating the date specified for this. It is necessary to indicate whether he was offered vacancies, and if so, which ones. It is imperative to indicate that he wants to resign before the expiration of the appointed dismissal period due to staff reduction, and that he is claiming the compensation payments due. In this case, dismissal is impossible without the consent of the employer.

Payments upon dismissal due to reduction before the expiration of the reduction period

It is clear that it is more economically profitable for the employer to fire workers during the layoff period at their own request. In this case, he should not make compensation payments. Some dishonest employers even use threats, methods psychological pressure to force workers to quit on their own.

p style="text-align: left;">If an employee is dismissed early, then the following payments are provided for him upon dismissal due to reduction before the expiration of the reduction period, which are paid by the employer:

• wage for the time that they actually worked in the month of dismissal;
• compensation for all vacations that the employee did not use;
• severance pay, which is the average monthly salary (only if early dismissal is at the initiative of the employer);
• additional compensation equal to the average earnings for the time remaining before reaching the appointed date of dismissal due to staff reduction (if this is specified in the collective agreement);
• for the period of employment - average monthly earnings, but this period should not exceed two (in some cases, by decision of the employment center - three) months from the date of dismissal.

Going to court

There are often cases when an employee, succumbing to pressure from the employer, writes a statement during a period of staff reduction with a request to dismiss him “at his own request.” Then he can apply to the court to change the wording of the reasons for dismissal and to recover the payments due to him, claiming that the administration forced him to write a statement. In this case, it is the employee who must prove that coercion on the part of the employer took place.

When considering a claim, the court examines:

If in court the employee proves that this statement was written by him under pressure from the employer and does not correspond to his wishes, then the termination of the contract will be considered illegal. In such a case, the employer is obliged to change the wording of the grounds for dismissal, as well as make all required payments, including compensation for moral damages and expenses caused by participation in court hearings. It is possible for the court to make a decision to reinstate the employee to his position and pay for forced absence.

There is a right to payment of compensation upon termination of the contract ahead of schedule specified in the notice of reduction.

Calculation is based on average earnings for each day. The employee may himself express a desire to resign, or the employer may sign a written agreement with him to terminate the contract.

According to Article 140 of the Labor Code of the Russian Federation, an employee must be compensated for unpaid vacation, salary for the current period and all benefits due upon dismissal.

Labor Code of the Russian Federation, Article 140. Payment terms upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

It is important to write the correct wording in the application when terminating the contract early so as not to lose all possible compensation.

If an employee writes a statement of his own free will, no payments, except unused vacation he won't get it.

The application must indicate that the employee agrees to terminate the contract for redundancy and terminates the employment relationship under Article 180 of the Labor Code of the Russian Federation with mandatory payment of benefits.

After the official dismissal order is issued, the employee reads it and signs it. As a result, the resigning employee will receive the following payments upon early dismissal due to staff reduction:

• salary for actual work time;
• reimbursement of the amount for unused vacation;
• payment of severance pay in case of early dismissal at the request of the employee, based on the average salary for one month;
• two months' allowance for getting a job. In the areas Far North benefits are paid for 3 months based on average earnings in accordance with Article 318 of the Labor Code of the Russian Federation;

  Labor Code of the Russian Federation, Article 318. State guarantees for an employee dismissed due to the liquidation of an organization or a reduction in the number or staff of the organization’s employees

  An employee dismissed from an organization located in the regions of the Far North and equivalent areas in connection with the liquidation of the organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), severance pay is paid in the amount of “average monthly earnings”; the average monthly salary is also retained 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 during the fourth, fifth and sixth months from the date of dismissal by decision of the employment service body, provided that within a month after dismissal the employee applied to this body and was not employed by it.

  Payment of severance pay in the amount of average monthly earnings and retained average monthly earnings, provided for in parts one and two of this article, is made by the employer at the previous place of work at the expense of this employer.

• compensation for termination of the contract before the reduction date. Accrued for unworked days from the moment of actual dismissal until the moment of dismissal specified in the notice of staff reduction.

Important! For seasonal employees, when staffing is reduced, benefits are issued in accordance with Article 296 of the Labor Code of the Russian Federation for two weeks. The employer warns about layoffs only a week in advance. For civil servants, compensation is calculated based on average monthly earnings. It will be equal to three times the size.

Labor Code of the Russian Federation, Article 296. Termination of an employment contract with employees engaged in seasonal work

An employee engaged in seasonal work is required to notify the employer in writing of the early termination of the employment contract three calendar days in advance.

The employer is obliged to warn an employee engaged in seasonal work about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees in writing against signature at least seven calendar days in advance.

When an employment contract with an employee engaged in seasonal work is terminated due to the liquidation of the organization, reduction in the number or staff of the organization’s employees, severance pay is paid in the amount of two weeks’ “average earnings.”

Early dismissal due to staff reduction: example of payment

Let's consider an example of payment for early dismissal due to staff reduction at the initiative of the employee.

Accountant Rozova A.A. reported a reduction effective June 1, 2016. She has a monthly salary at the enterprise of 25,000 rubles. I filed a resignation letter by agreement with the employer effective April 20.

To calculate all benefits and compensation for early dismissal during layoffs, it is necessary to calculate the average daily earnings.

Reference. Usually the calendar year is taken for calculation.

But there may be other options. They are used if the employee has been employed by the enterprise for less than a year or was fired in the month of hiring.

Calculation is made per year: from April 1, 2015 to March 31, 2016. This period includes 253 working days.

During this time, the accountant was on sick leave in October 2015 - 5 working days. The salary in October was calculated in the amount of 17,250 rubles.

Important! The days for calculating average daily earnings do not include time of incapacity for work, weekends, holidays, and vacation pay. Also from total amount for the year, payments for sick leave and vacation pay are excluded.

Severance pay

The number of days Rozova worked as an accountant for the selected period will be 253-5=248.

Let's find the amount earned per year:

RUB 25,000*11 months+ RUB 17,250=RUB 292,250

Let's calculate the average earnings per day:

292250 rub. /248 days=1178.43 rub.

We get the amount of severance pay:

1178.43 rub.*22 days=25925.46 rub.

Important! This benefit is not taxed if its amount is less than three times the average salary.

Benefit for the remaining days before the date of dismissal due to reduction

The benefit amount is calculated as follows: days in April from the moment of signing the dismissal order 21-13 = 8 add up with days in May 19. Total for 8 + 19 = 27 days the company must pay compensation.

1173.09 rub.*27 days=31673.43 rub.

Compensation for unused vacation

How is compensation paid for early dismissal during layoffs if there is unused vacation?

The amount of unpaid leave upon termination of the contract is calculated as follows. We count the number of full months of work. In our example, there are 11 of them. We multiply by the generally accepted coefficient 29.4 - the average monthly number of days in a month.

We calculate how many days of unpaid vacation the payment will be made. First you need to calculate the days in October, since this month was not fully worked out:

29.4/31*26 (calendar days included in the calculation in October) = 24.66 days.

To calculate vacation, the following definition of calendar days is used:

29.4 days*11 months+24.66 days=348.06 days

Average earnings for vacation pay per day of work:

292250 rub./348.06 days=849.42 rub.

Amount of compensation for unused vacation:

849.42 rubles * 28 days = 23783.76 rubles.

Important! If the leave was taken as an advance, upon reduction, its amount is not recovered from the dismissed employee. In case of normal termination of a contract, a deduction is made from the employee.

Salary for hours worked in the month of dismissal

13 days worked in April, 21 working days this month. Salary for work time in the month in which the dismissal occurs can be calculated as follows:

25,000 rub./21 days*13 days=15,476.19 rub.

Second month for the duration of the device

They are calculated with severance pay included and are salary for the duration of employment. For two months 42 working days:

1173.09 rub.*42 days=49269.78 rub.

49269.78 rubles - 25925.46 rubles (amount of severance pay) = 23344.32 rubles.

Total

The final payment in case of reduction and early dismissal is made up of all calculated amounts:

25925.46 rub. +31673.43 rub.+23783.76 rub.+15476.19 rub.+23344.32 rub.=120203.16 rub.

Calculation terms

All compensation obligations rest entirely with the employer. For reducing the amount of compensation responsible persons may be brought before the law.

Payments of amounts upon termination of the contract occur within the deadlines in accordance with Article 140 of the Labor Code on the last day of work at the enterprise. This day is considered the date of dismissal. There may be exceptions where the employee was not actually present at work.

Payments in this situation are made by the accountant the next day after the request of the dismissed person. If a compromise is not found with the employer on payments, the employee can file a lawsuit against him.

For the first month, benefits are issued regardless of employment. For the second month, the employee can receive compensation only if he has not found a job.

Wherein former employee must register with the Employment Service within 14 days from the date of dismissal.

Payment is made at the enterprise. To prove that a person did not get a job, he provides work book, Where last record should be about his dismissal from this enterprise.

Sometimes at the request of the Employment Service Compensation may be paid in case of dismissal ahead of schedule for the third month in the amount of average earnings.

In this case former employee presents his work book and a certificate from the labor exchange to his employer.

When laying off employees, the employer must make all due payments and do them within a certain time frame.

If there is a violation, the former employee can sue the company in court.

Persons whose positions are being abolished. The employer must do this 2 months before dismissal. He does not have the right to reduce the warning contingent before the specified period, but he may interest them in the proposal early dismissal with the payment of additional benefits, of course, while retaining the right to all payments due upon reduction. Art. 180 of the Labor Code of the Russian Federation regulates the early dismissal of an employee before the expiration of the notice period. Let's talk about the nuances of such a dismissal.

Legal basis

Art. 180 of the Labor Code allows the employer to terminate the employment relationship with the employee before the end of the notice period for dismissal, provided:

• written consent of the employee;
• payment of average earnings for the days remaining before the dismissal date specified in the warning.

Art. 180 of the Labor Code assumes that the proposal for early dismissal comes from the employer and does not contain a direct indication of the possibility of taking the initiative to terminate labor relations employee, but does not prohibit it. Therefore, an employee can present his proposals to the administration in a statement addressed to the manager, or agree with the employer’s proposal, which is much more common in practice.

Application for early dismissal due to layoff: sample

The application (consent) of the redundant employee can be in the form of:

• a conciliatory inscription directly on the letter containing the conditions for early dismissal from the employer. For example, “I agree to early dismissal due to staff reduction with payment of all compensation and benefits. Full name, date, signature";
• a separate application for early dismissal upon reduction.

Such a statement is addressed to the manager; it must contain all the necessary information:

• Full name and position of the applicant;
• text of the application - confirmation of consent to dismissal before the end of the notice period;
• date and signature.

We offer approximate form statements:

The manager, having read the application and signed it, sets the date of dismissal, since it is he who is given the right to cancel the employment relationship. Those. he has the right to agree or disagree with the determination of the date of dismissal by the employee. The law does not comment on this circumstance; the date of dismissal can be any day in the two-month period indicated in the warning.

Note that the application form in the proposed form of consent for early dismissal is most preferable, since a petition coming from an employee and written in a different way can be regarded as dismissal of one’s own free will. In this case, the employee loses the right to receive additional compensation payments.

Based on the written consent of the employee, a dismissal order is issued before the expiration of the notice period for layoffs, based on the data of which the accountant makes the final calculation.

Payments in case of early dismissal

Like all other employees who have been laid off, those dismissed early are entitled to receive:

• salaries (with all bonuses and incentives) as of the date of dismissal;
• severance pay in the amount of average monthly earnings (or payment approved by industry agreements in force in the company). Also, for the duration of the job search (no more than 2, and in exceptional situations 3 months), employees retain their average salary, including the paid severance pay.

In addition, those dismissed early are entitled to additional compensation in the amount of the average monthly salary, calculated in proportion to the time remaining until the date of dismissal specified in the warning.

It is calculated by multiplying the amount of average daily earnings by the number of working days remaining until the date of dismissal indicated in the notice.

The employer’s obligation is to pay all due amounts (except for the retained salary for the 2nd and 3rd months of job search) on the day of dismissal.

Example of payments for early dismissal due to staff reduction

Employee of the company Ilyin P.B. was warned of dismissal due to a reduction in the company's workforce on April 20, 2018. The company administration asked him not to wait for the dismissal date (June 20, 2018), but to agree to an early layoff on April 30. Based on his written statement, the employment contract was terminated.

Salary of Ilyin P.B. – 46,000 rub. per month. The vacation has been fully used. In addition to the salary (46,000 rubles for April) and severance pay (46,000 rubles - average earnings), he needs to pay additional compensation for the period from May 1 to June 20, i.e. for 32 working days remaining before the official date of reduction . We will make the calculation provided that the billing period has been fully worked out. It is 247 days.

Average daily earnings: 46,000 x 12 / 247 days. = 2234.82 rub.

Amount of additional payment: 2234.82 x 32 days. = 71514.24 rub.

The total amount of accrued payments on the day of Ilyin’s dismissal: 46,000 + 46,000 + 71,514.24 = 163,514.24 rubles.

If the dismissal of an employee does not occur on his initiative, then it is always unpleasant and offensive for the employee. Most people try to avoid this situation. However, there are times when dismissal is inevitable. This happens when the company's workforce is reduced. If you have received notice of dismissal due to redundancy, then early dismissal may be a good alternative.

Resign voluntarily?

According to the Labor Code, when an employee is dismissed due to a reduction in the company's staff, the employee is given a notice of the upcoming reduction of position and dismissal of the employee no less than 2 months before the scheduled date of dismissal. But quite often a situation arises when an employee himself asks for an earlier termination of the employment contract. This could be due to a number of reasons. One of them is that a person has found a new job. Fearing that the vacancy will be filled by another applicant, he strives to begin his duties as soon as possible.

On what basis should an employee be dismissed in this case? After all, he expressed his own desire, at the same time this desire was caused by staff reduction. The basis for dismissal determines whether severance pay and average salary for the duration of employment will be paid, additional compensation calculated in proportion to the time not worked by the employee before the end of the layoff notice period.

The Constitution of the Russian Federation and the Labor Code guarantee all citizens the right to work. And where exactly, in what organization, company, firm the employee will exercise his right depends on him. Therefore, the employer cannot interfere with the employee’s desire to resign before the date of dismissal due to redundancy. An employee can submit a corresponding application at any time.

In this case, the employee must clearly understand that upon dismissal of his own free will, he does not lose the right to the guarantees and compensation that would be provided to him upon dismissal due to staff reduction. At the same time, this early dismissal is not caused by the employee’s “own desire”, but is a forced, “hidden” dismissal due to staff reduction.

Early termination of the contract due to staff reduction

The Labor Code of the Russian Federation makes it possible to dismiss a redundant employee before the deadline that determines the notification of early dismissal. According to Part 5 of Art. 180, an employer may terminate an employment contract with an employee before the expiration of the term with his written consent.

Thus, according to this article, the right to early termination of the contract is granted to the employer, and not to the employee, although the employer can exercise it only with the consent of the employee. That is, initially it is the employer who decides on the advisability of working out the entire period indicated in the notification.

But this provision cannot prohibit an employee from initiating the process of terminating an employment contract early. Moreover, the Labor Code does not force the employer to necessarily satisfy this request of the employee. Therefore, in order to terminate the contract for staff reduction early, both parties must be interested in this. And the employer comes first, since it largely depends on him whether this reduction will occur or not, and the employee retains the right to agree or refuse this offer.

Application for early termination of an employment contract due to staff reduction

An employee can also come up with an initiative for early termination of the contract in compliance with all possible legal guarantees provided for in Article 180 of the Labor Code. Whether to agree to this proposal is the prerogative of the employer. In this case, in order to make the right decision to lay off an employee, a large role is given to the application for early termination of the contract.

To dismiss an employee not on the basis of his own desire, but due to staff reduction, the application must be written correctly. Its text must exclude double interpretation. The request must be stated in detail and clearly.

It is necessary to indicate that the employee is familiar with the beginning of the procedure for his dismissal in connection with the upcoming reduction in staff, indicating the date specified for this. It is necessary to indicate whether he was offered vacancies, and if so, which ones. It is imperative to indicate that he wants to resign before the expiration of the appointed dismissal period due to staff reduction, and that he is claiming the compensation payments due. In this case, dismissal is impossible without the consent of the employer.

Payments upon dismissal due to reduction before the expiration of the reduction period

It is clear that it is more economically profitable for the employer to fire workers during the layoff period at their own request. In this case, he should not make compensation payments. Some dishonest employers even use threats and methods of psychological pressure to force employees to quit on their own.

If an employee is dismissed early, then the following payments are provided for him upon dismissal due to reduction before the expiration of the reduction period, which are paid by the employer:

• wages for the time actually worked in the month of dismissal;
• compensation for all vacations that the employee did not use;
• severance pay equal to the average monthly salary (only if early dismissal is initiated by the employer);
• additional compensation equal to the average earnings for the time remaining before reaching the appointed date of dismissal due to staff reduction (if this is specified in the collective agreement);
• for the period of employment - average monthly earnings, but this period should not exceed two (in some cases, by decision of the employment center - three) months from the date of dismissal.

Going to court

There are often cases when an employee, succumbing to pressure from the employer, writes a statement during a period of staff reduction with a request to dismiss him “at his own request.” Then he can apply to the court to change the wording of the reasons for dismissal and to recover the payments due to him, claiming that the administration forced him to write a statement. In this case, it is the employee who must prove that coercion on the part of the employer took place.

When considering a claim, the court examines:

If in court the employee proves that this statement was written by him under pressure from the employer and does not correspond to his wishes, then the termination of the contract will be considered illegal. In such a case, the employer is obliged to change the wording of the grounds for dismissal, as well as make all required payments, including compensation for moral damages and expenses caused by participation in court hearings. It is possible for the court to make a decision to reinstate the employee to his position and pay for forced absence.

Reducing staff and number of employees is a necessary procedure that is increasingly being practiced in large organizations. In case of early dismissal, the employer pays monetary compensation. Thus, the employee can start searching sooner new activity without remaining in debt (as a foreman, with a terminated contract).

Termination of an employment contract in case of staff reduction at the initiative of the employee

The legislation of the Russian Federation obliges managers to enter into employment contracts when hiring employees. The document provides for the obligations of the parties - the employer must pay wages on time and provide working conditions. In turn, the employee is required to comply with the internal regulations of the enterprise and perform work in accordance with job description. An employment contract ensures the legality of the business relationship. In addition, the signed agreement guarantees that the employer will not be able to fire the employee without good reason, and the employee will not be able to return to work, thereby causing losses to the company. A business contract can only be terminated in accordance with the articles Labor Code RF and after the employer issues an order to terminate the employment contract.

The grounds for termination of an employment contract may be the following:

1. By agreement of the parties - if the employee and employer mutually wish, it is possible to terminate the business relationship by signing a contract to terminate the trade agreement. At the same time, the rights of the parties should not be infringed;
2. At the initiative of the employee - own desire to stop working due to personal or family circumstances;
3. Due to circumstances that do not depend on the will of the parties - for example, liquidation of an enterprise or a medical report on the employee’s health condition, in connection with which continuation labor activity becomes impossible;
4. Expiration of the employment contract - if an urgent TD is concluded;
5. At the initiative of the employer - tardiness or other violations of discipline may result in termination of the employment contract and a fine. In addition to this, there are following reasons to dismiss an employee:

• inadequacy for the position held;
• lack of qualifications;
• repeated violations committed during work;
• failure to fulfill duties;
• absence from the office for more than 4 hours in a row;
• reduction of staff or position.

Reducing the number of employees is a way to optimize the company and prevent unwanted losses. In some cases, a department may be reduced only because there is no longer a need for employees. In any case, such an initiative by the employer is legal and regulated Article No. 180 of the Labor Code of the Russian Federation.

Staff reduction implies the exclusion of an employee, position or even department from the list of the enterprise. The manager notifies about this personally, two months in advance. The employee has the right to look for new workplace and even quit early. Atearly termination of an employment contract, the employer is obliged to pay financial compensation to the employee in the amount of a month's salary.

Before the events occur, the initiator of dismissal can be either an employee or the head of the organization. In addition, the parties may come to a general agreement on early termination of the contract upon layoff. For this purpose, a contract is drawn up in two copies. On the day of dismissal, the employee is paid wages and compensation. Cancel contract of employment at the initiative of the employee, possibly on the basis of an application. Reason for dismissal: voluntary.

Statement

In case of early dismissal of his own free will, the employee must notify the employer 2 weeks in advance.

The application must contain the following information:

• date of receipt of notice of staff reduction;
• a list of proposed vacancies that the employee refused;
• reason for early dismissal.

At the same time, the employee must also indicate that he is applying for the required payments, otherwise this will be considered a waiver of the legal right to compensation. The employer is required to sign the application and issue an appropriate order. On the day of dismissal, the employee is paid wages and severance pay. The work book is handed out.

Download a sample application for early termination of an employment contract due to layoffs using the link.

How to terminate an employment contract at the initiative of the employer?

Retrenchment is a legal way to fire an employee. At the same time, the employer must follow established order. An improperly executed dismissal due to staff reduction can lead to the employee having to be reinstated, pay compensation and forced absenteeism, resulting in both parties suffering. To prevent this from happening, it is necessary to follow the legal procedure:

• draw up an order for the upcoming staff reduction;
• notify employees in writing 2 months in advance (against signature);
• offer a vacant position or other work that matches the qualifications of employees;
• the employee, in turn, has the right to accept the offer or refuse. Any decision is confirmed by a written document;
• issuing an order to reduce staff with a list of employee names;
• termination of the employment contract and official dismissal of workers.

If initiator of termination TD is the employer, his responsibility is to pay compensation to all dismissed employees in the amount of the average monthly salary, as well as severance pay.

The employer has the right early termination of an employment contract with a redundant employee if he agrees. The dismissal procedure follows the same procedure. The head of the company is obliged to notify the employee in writing. In this case, you will need to pay compensation for the expected period of work before the reduction occurs.

According to the law of the Russian Federation, some employees have privileges when staffing is reduced. The following are required to provide a workplace:

• pregnant women;
• persons whose income is the only one in the family;
• disabled people;
• veterans;
• workers who have been injured at work.

• notification of upcoming staff reduction, link to order;
• date of termination of the employment contract;
• list of vacant positions;
• due payments;
• calculation method;
• conditions for early dismissal at the request of the parties;
• amount of compensation.

In addition to the order, employees are sent ordered letter With notification, or presented in person against signature. The document must be drawn up by the head of the organization or the responsible person.

Download a sample employee notice of staff reduction

Order

When a decision is made to reduce staff, the head of the organization must draw up an order and bring it to the attention of employees. The document is published 2 months before upcoming dismissal. Termination of employment and termination of contracts occurs only if employees refuse the offered vacancies, while the employer pays compensation and severance pay, in accordance with Labor Code of the Russian Federation.

The staff reduction order contains the following information:

• name of the document, serial number, date of publication;
• reason for staff reduction;
• date of termination of the employment contract;
• list of employees and positions subject to reduction;
• list of vacancies;
• date, signature of the head, seal of the organization.

The document is brought to the attention of each employee against signature. The order data will be entered into the work book in the future.

Download the order form for termination of the employment contract

What payments are due?

Three days before the upcoming dismissal, the employee is required to pay:

• wages for hours actually worked;
• premium;
• overtime for working on weekends or holidays;
• monetary compensation for unused annual paid leave.

In addition, in case of staff reduction, payment is made severance pay , in the amount of the average monthly salary. Some employees are entitled compensation for early termination of an employment contract. This payment is calculated based on the date of dismissal of the employee, for example, 1 month before the upcoming layoff. In this case, the employer is obliged to pay compensation for the remaining period of 30 days.

How to challenge termination of an employment contract during layoff?

The dismissal of an employee is always formalized with reference to the articles of the Labor Code of the Russian Federation. Violation of rights entails administrative liability.

An employee has the right to go to court if:

• the incorrect downsizing procedure was followed;
• the early dismissal agreement was signed under pressure;
• the employee was not informed about vacancies or was not paid compensation.

In these cases, it is necessary to contact state executive bodies or the Labor Inspectorate. The limitation period for the case is 1 month. During this time, all facts of violation of the employment contract must be submitted to the court. If the claim is satisfied, the employee is reinstated in the workplace, and the employer undertakes to pay for forced absences.