There are many reasons why an employer can fire an employee. Today, a common reason is dismissal due to staff reduction. In this case, the enterprise does not have to completely cease its activities; the reason for the layoffs may be a serious financial condition company, its re-profiling or relocation of the company to another location.

Since the employer has every right to independently determine the maximum number and features organizational structure, then he can at any time make a decision about which and how many employees are enough for him to work with.

What is staff reduction?

The phrase “reduction” refers to the following situations:

• Reduction in numbers- the total staffing level at the enterprise is reduced (for example, instead of 5 cleaners, only 3 are left). Such a fate can befall not only employees of private enterprises, but also civil servants are subject to layoffs when reforming government bodies;
• Staff reduction- certain positions are removed from the company’s staffing table, but the total number of employees may remain the same. For example, the position of an epidemiologist was abolished, but the position of a doctor for the hygiene of children and adolescents was introduced.

It is often possible to carry out a reduction in numbers without reducing staff, or rather, without actually laying off workers. In this case, the reduction of vacant positions is carried out, practically without affecting the employees. In some cases, it is necessary to change the structure of the enterprise in order to retain employees.

For example, there was a personnel department consisting of a chief and five vacancies for personnel inspectors, with two vacancies for this moment free. To reduce the headcount limit, an employer can convert a department into a sector by eliminating two vacancies. The actual number will remain the same.

The opposite situation is also possible, when staff reductions occur, and the limit number even increases.

For example, in connection with the re-profiling of the enterprise, three positions of engineers are being reduced, but at the same time 10 positions of installers are being introduced. As a result, in fact, three people may be laid off, but the company's staffing level increases by seven units.

Is it necessary to prove the feasibility of the cuts?

Sometimes laid-off workers go to court, claiming that they were laid off illegally. The employee must remember that the employer is not obliged to discuss the feasibility of the decision with anyone, so he must be reinstated at work, proving that there was no point in making the cuts. You can challenge the order of the reduction or prove that the employee fell under the concept of a protected category.

For this reason, it is very important, when dismissing an employee due to staff reduction, to fully comply with the procedure established by law. To do this, the owner must:

• take into account the ban on layoffs of certain categories of employees and the preferential right to remain at work;
• obtain consent from the trade union;
• offer another job;
• fill out the order correctly;
• pay compensation due to the employee.

General procedure for making reductions

IN general outline The reduction looks like this:

Decision-making

Any action must always have appropriate documentary support. The decision to lay off must be formalized in the form of an order or instruction from the employer. If this order was not signed by the person whose authority includes making decisions on the hiring and dismissal of subordinates, then the reduction may be considered illegal.

If the regulations or charter of the organization indicate that the director (head of the Main Department, manager) hires and fires, then only he should sign the order starting the reduction procedure. Making such a decision by a deputy will be illegal and may be challenged in court. If the position is currently vacant or the boss is on long-term vacation or sick leave, you should first assign duties to one of the deputies (indicating in the basis, for example, “Due to official necessity”), and only then sign the reduction order.

Union warning

Article 82 of the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation) provides that in the event of a layoff, the employer is obliged to notify the trade union in writing.

The timing depends on the number of employees who may be laid off:

• 3 months – in case of mass dismissal;
• 2 months – in all other cases.

In practice, the question often arises of what a mass layoff of workers is. The answer to this must be sought in the by-laws. regulations, namely in the Regulations on the organization of work to promote employment in conditions of mass layoffs, approved on 02/05/1993. the concept of mass production depends on the initial limit number of the enterprise and the timing during which the reduction is planned.

So, for example, a reduction of 50 people in a plant with a staff of several hundred or thousand employees within one month will be considered massive. The reduction of the same 50 people within six months will no longer be considered massive. In sparsely populated regions, these numbers become different. It is also worth taking into account the industry agreement, if one has been approved, and if there is one, be guided by this regulatory act.

It should be noted that the code requires specifically to warn the union, and not to obtain its consent.

What should you pay attention to?

As a rule, the head of the primary trade union organization is one of the employees. Usually he knows about impending layoffs even before a written warning. But even in this case, the written warning of this employee as the head of the trade union cannot be ignored. To do this, it is worth writing a letter on behalf of the employer to the head of the trade union, informing about the upcoming changes, the timing and the number of workers who may be laid off.

Making changes to the staffing table

The next step should be the issuance of an order to amend the staffing table. This order should be registered as an order for the main activity. It must describe the reasons why staff reductions occur (if such a reason was the adoption of a regulatory legal act, this should also be mentioned), and also indicate which positions are subject to reduction.

Considering that employees, according to Art. 180 of the Labor Code of the Russian Federation should be warned at least two months in advance, then it is advisable to make such an order approximately 2.5 months before layoffs.

Find out about the presence of “protected categories”

The employer must remember that it does not have the right to dismiss certain categories of employees under any circumstances. According to the Labor Code of the Russian Federation, the concept of a protected category includes:

• employees who are on sick leave until it is closed (Article 81);
• employees on vacation (Article 81). The type of leave is not specified by law, which means you should keep in mind all the types provided for by law;
• employees who are on parental leave (maternity leave) (Article 256). Remember that not only mothers, but also fathers, grandmothers, grandfathers, guardians and other relatives can be on maternity leave;
• pregnant women, regardless of the stage of pregnancy (Article 261). There may be a catch here. An employee may not talk about her pregnancy until the last minute, but literally the day before or even on the day of dismissal, bring a certificate from a gynecologist. Even if the certificate indicates a period of one week, the employer does not have the right to dismiss such an employee;
• single mothers who are raising a disabled child or a child under 14 years of age, women with children under 3 years of age, persons raising a child who is left without a mother (Article 261);
• participant in the resolution of a collective dispute until its end (Article 405);
• workers who are members of trade union organizations and who are not released from their main work without the consent of a higher trade union body (Article 374).

The employer cannot dismiss these categories of employees in accordance with clause 2, part 1, article 81 of the Labor Code of the Russian Federation, even if the employee agrees to dismissal due to reduction. By including these people in the list of “protected categories,” the legislator aimed to protect the interests of these employees, but in practice, the ban on dismissal turns out to be a disservice to the employees themselves. If all other employees can count on receiving severance pay, then in order for these people to quit, they need to write a resignation letter themselves. Accordingly, they are deprived of the right to severance pay and preferential conditions for registration with employment centers.

At the moment, this legal conflict has not been resolved. The presence of a direct ban on dismissal means that these employees cannot be candidates for dismissal in principle.

Preferential right to remain at work

When laying off jobs, preference should be given to those who have higher labor productivity or higher qualifications. In the first case, it is necessary to consider the certification results of all employees, and also take into account the individual performance of each employee. For example, it makes sense to leave the employee who has a lower percentage of defects.

At the moment, there are no exact criteria by which labor productivity should be determined, and therefore the main factor is Subjective opinion employer. To avoid conflict situations and accusations of bias, it makes sense to create a commission at the enterprise that will make a collective decision on the level of productivity of each employee.

In the second case, the legislator meant that if it is necessary to lay off one of two employees occupying the same positions but having different qualifications, then the employee with lower qualifications must be dismissed. For example, there are two accountants working in a department. One has a university degree and the other attended college. The employee must be left at work with higher education.

If both the qualifications and productivity of workers are the same, then preference should be given to:

• to those who have at least two disabled family members for whom the employee’s income is the main means of subsistence;
• an employee whose family no longer has independent income, for example, an employee who has a disabled mother with whom he lives;
• employees who received an occupational disease or injury at this enterprise;
• disabled combatants received while defending the Motherland;
• employees who, without interruption from work, improve their qualifications in the direction of the employer.

The sequence of mentioning the grounds for the preferential right to remain at work in Art. 179 of the Labor Code of the Russian Federation does not play any role and does not have any legal significance.

Warn the employment service about future layoffs

Some employers ignore this stage, arguing that if this is not specified in the Labor Code of the Russian Federation, then it is not necessary to warn the employment service. But such a rule is contained in Art. 25 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation”, and therefore it cannot be ignored.

The notice period depends on how many employees are planned to be fired:

• 3 months in advance - in case of mass dismissal;
• 2 months in advance - in other cases.

The calculation of mass numbers is carried out in the same way as in the case of a trade union warning.

The warning must be in writing. It must contain information about the profession, position held, specialty, qualifications, and wages of each employee subject to layoffs.

Most regions have their own form of the form, so it is better to clarify this issue with an employment service employee.

Information should be given not about the changes themselves, but about the possible dismissal of employees. Even if the employee agreed to the proposed position or does not plan to register with the employment center, information about him must be present in the report.

Failure to comply with this procedure may result in the employee’s reinstatement and payment of a penalty for the period of forced absence. There have already been judicial precedents, so it is better to spend a little time and submit this report.

Warn employees

According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee about the layoff in writing against signature and offer the remaining vacancies. Please note that the law requires that the warning be in writing and issued to each employee individually. The approved sample notice of staff reduction, the main thing is to keep it in writing and address the warning to each employee individually.

In practice, the employee sometimes refuses to read the warning. In this case, it is necessary to draw up an act stating that the warning was read out loud to the employee, and sign this document along with the witnesses.

You can also send a warning by mail with notification of receipt and an inventory of the attachment. You should definitely keep the receipt in order to have confirmation that the employee actually received a warning.

Since the law stipulates “at least two months,” an employee can be notified 2.5 or 3 months in advance. The main thing is to comply with the minimum time frame.

In the warning itself, in order to avoid disputes, it is advisable to indicate the exact date of reduction.

The warning period is not extended by the time of sick leave, so “getting sick” immediately after receiving the relevant document is pointless.

As a rule, the text of the warning already contains information about the proposed positions. In this case, the employer has the right to offer:

• positions corresponding to the employee’s qualifications. For example, an economist may well be offered the position of auditor. In this case, the amount of payment can be either lower or higher;
• positions suitable for the employee due to health reasons. A visually impaired person should not be offered a position that involves working with big amount small details, since this is probably prohibited by medical documentation;
• work in the same area. In some cases, the employer can circumvent this provision of the law. For example, the enterprise is a single legal entity, but has many territorial divisions in its structure. If in the collective agreement or other documentation, where exactly is workplace for each position, then the employer may well offer a place of work located in another region, without formally violating anything.

During the period remaining before the employee's dismissal, the owner must inform the employee about all vacancies that become available. It is better to do this in writing in order to have appropriate confirmation.

Sample notice of staff reduction or headcount reduction

If, when drawing up the notification, there were no vacant positions in the organization, this fact should be reflected.

LLC "Avtozapchasti"
Seller-cashier Ivanova I.I.
Notification
about the upcoming reduction
01.02.2015

Dear Irina Ivanovna!

In connection with the organizational and staffing changes being made at Avtozapchasti LLC, a decision was made to reduce the staff (order No. 602 of January 29, 2015), we inform you that the full-time position of salesperson-cashier you are replacing is being reduced.

In accordance with the requirements of Part 3 of Article 81 of the Labor Code of the Russian Federation, we inform you about vacant positions as of 02/01/2015:

1. Cashier with a salary of 20,000 rubles.
2. Purchasing department specialist with a salary of 25,000 rubles.

If the above positions are not suitable for you, after 2 months from the date you receive this notice employment contract may be terminated due to staff reduction (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).
You have the right to terminate the employment contract before the expiration of two months from the date of receipt of this notice.
Upon dismissal in accordance with paragraph 2 of Article 81 of the Labor Code of the Russian Federation, you will be provided with guarantees and compensation provided for labor legislation.

CEO _______________ Petrov P.P.
______________ Ivanova I.I. has read the notification.

Issue an order

A dismissal order is an important act, without which it is impossible to lay off an employee. This issue should be taken with full responsibility, since it is this issue that is often subsequently challenged by dismissed employees in court.

The order must indicate not only the basis and date of dismissal, but also the number of vacation days subject to compensation. According to Art. 127 of the Labor Code of the Russian Federation, an employee can write a statement and first take a vacation. In this case, the day of dismissal will be the last day of vacation.

As a rule, the order is issued in form T-8 or T-8A, although the law does not prohibit deviations from the standard form if all necessary details are met.

Make an entry in your personal card, work book, make a payment

After signing the order, it is necessary to make a corresponding entry in the employee’s personal card and work book. The entry must duplicate the text of the order, and there must be a link to the relevant article of the Labor Code of the Russian Federation.

When filling out an entry in the work book, one of the reasons for reducing the number of employees, or in connection with a reduction in the number of employees, must be indicated.

The entry in the employment record may look like this: “dismissed due to a reduction in the organization’s workforce, clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation.”

The employee, against signature, reads the order, the entry in the personal card, the work book, and also signs in the work record book, confirming that the book was issued to him. After this, the company makes the final payment.

According to Art. 178 of the Labor Code of the Russian Federation, the employer is obliged to pay severance pay in the amount of the average monthly salary. The collective agreement may provide for higher amounts of payment upon dismissal due to staff reduction.

Is it possible to resign early due to redundancy?

Situations often arise that an employee, immediately after receiving a layoff notice, begins to look for a job and finds it. What to do in this case, because before the expiration of the two-month period, the vacancy may be filled by another candidate?

In this case, the employee may exercise the right to terminate the employment contract early. The employee must write a corresponding statement indicating exact date termination of legal relations, and the employer is obliged to satisfy it. The text of the statement must exclude double interpretation:

• The request must be stated clearly and in detail.
• The date of termination must be clearly stated and that the employee is made aware of the termination procedure.
• Indicate what vacancies were offered.
• Indicate that the employee wishes to resign early and does not claim the compensation payments due to him.

If an employee quits before the notice period, in addition to salary and compensation for unpaid vacation, he must be paid wages for each working day that he did not complete until the end of the notice.

Calculation of severance

Payments upon dismissal due to reduction in staff or headcount are made by the employer on the day of dismissal, that is, on the last day of work:

• Wages for days worked in the month of dismissal.
• Compensation for unused vacation (for each day), there are cases when an employee used vacation in advance, then a recalculation is made and the overpaid amount of vacation pay is withheld when paying the final payment.
• Severance pay is given to the dismissed person in the amount of 1 average monthly salary; another 1 average monthly salary may also be paid if the employee is not immediately employed in a new place of work, but not more than 2 months from the date of dismissal.

The exception is cases when the average monthly salary can be received by a dismissed employee within 3 months from the date of dismissal - this is only by decision of the employment center (employment center), if he contacts the center within 2 weeks after dismissal and does not find a job.

These payments are made until the moment of actual employment, for example, if the employee gets a job new job 20 days after dismissal, he is entitled to payment only for 20 days.

For residents living in the areas Far North(and equivalent environs), it is possible to maintain the average earnings for months 2 and 3 if the employee was not employed and from 4 to 6 months in the direction of the employment service, if he was registered within a month and was not employed.

Upon termination of an employment contract for seasonal work, severance pay to the employee is paid in the amount of only 2 weeks of average earnings.

Documents issued after dismissal

Upon dismissal, except work book upon written application of the employee, within 3 days he must be given the following documents:

• a copy of the dismissal and hiring orders,
• certificate 2-NDFL and the average salary for the last calendar year,
• information about accrued and paid insurance premiums,
• In case of temporary incapacity for work, a certificate of the amount of earnings for the last 2 years is issued.

The procedure for reducing individual positions or the number of personnel obliges the manager to carry out a number of mandatory activities. After delivery of the notice upcoming dismissal it is necessary to issue an administrative act - an order. In this article, we will look at what information needs to be included in a dismissal order to reduce the number of employees.

Preparing to place an order

Before issuing an order, the enterprise carries out a procedure for notifying employees. For this purpose, a new staffing table approved by the owners of the company or its manager is used. Taking this document into account, the employer must determine which employees are subject to dismissal.

As part of organizational reduction measures, the following actions are performed:

• categories of specialists who cannot be dismissed are determined (pregnant women, separate categories citizens with family obligations, etc.);
• the preemptive right to preserve employees’ jobs is exercised - vacant vacancies are identified and offered to citizens upon signature;
• personal warnings about the upcoming dismissal are issued - this document is handed to the employees against signature no later than two months before the termination of the employment contract.

Note! An order can be issued only if all rules for notifying employees are observed. If the citizen is not given a warning, the issuance of the order will not entail any legal consequences.

Termination labor relations may occur ahead of schedule, i.e. until the end of the two-month notice period. This is allowed if the citizen submits a personal letter of resignation due to at will. This decision will not affect the amount of guaranteed payments; the employee will receive severance pay and two months of earnings.

How to place an order

Having decided on the list of specialists to be laid off and the date of dismissal, the administration of the enterprise can begin to issue an order. A sample of filling out this document can be found on our website, and its contents include the following points:

• date and order number - these details will be used when filling out the work book;
• personal data of the employee, his position, structural unit and personnel number;
• grounds for termination of employment relations – reduction of staff/numbers;
• the date of dismissal should be no earlier than one month after the warnings were given to citizens;
• signature and transcript of the manager’s position;
• a note indicating that the employee has familiarized himself with the contents of the order.

Note! Each employee must be familiarized with the contents of the order upon signature. If the employee refuses to sign, a commission act is drawn up.

If there is an early termination of the employment relationship, the basis in the order will be the employee’s own decision. At the same time, he must submit an application for severance pay and other compensation payments. After the manager approves the order, the document is registered in the enterprise document management system.

Where is the order used?

After the employee familiarizes himself with the order, the document is sent to the financial department for calculating payments, and to the personnel department for processing documents for dismissal. In accounting, the contents of the order are used for the following purposes:

• to determine the date of dismissal and calculate the actual time worked;
• to accrue vacation pay or compensation for unused rest days;
• to determine the exact composition of payments upon dismissal;
• to withhold tax payments and calculate insurance premiums;
• to prepare a payslip indicating all charges and deductions.

Even at the stage of issuing the order, you need to determine the number of days unused vacation. Rest may be provided to the citizen in kind, or the manager may decide to pay monetary compensation.

The personnel department uses the order to fill out the work book and other documents related to dismissal. The entry in the work book must exactly correspond to the contents of the order:

• the date and number of the order are indicated;
• fill in the grounds for dismissal - reduction in staff/numbers, or the employee’s own desire;
• reference is made to clause 2, part 1 of Art. 81 Labor Code of the Russian Federation.

During the dismissal process, an employee has the right to receive copies of any documents related to his labor activity, including orders. To obtain documents, you must fill out an independent application, and the period for their preparation cannot exceed three days. A copy of the order must be certified by the signature of the official and the seal of the enterprise.

The correctness of the order can be checked even after the actual termination of the employment contract. Within a month after dismissal, a citizen has the right to challenge the order through the courts. A copy of the order will be used as written evidence in the case, and the original document may be requested by the court.

The order can be canceled in the following cases:

• if the court finds the dismissal illegal and the employee is subject to reinstatement;
• if the reduction procedure was terminated by the employer on his own initiative;
• if before the actual dismissal the employee was transferred to a vacant position;
• if there are grounds that prevent a reduction (for example, if a woman provides a certificate of pregnancy).

If it is necessary to change the date of dismissal, the order must be canceled with the execution of a new document. After this, all procedures for familiarizing yourself with the order must be carried out again.

Downsizing is a fairly legal tool that an employer resorts to when wanting to “optimize” its staff. But in turn, this can cause a number of problems and additional financial burden for the employer, so they often resort to the trick - “you were 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 dismissal due to staff reduction must be observed in accordance with the law and deviations from it may cause problems for the organization. Therefore, it is in the employer’s interests to do everything right so that the employee does not go to court.

The procedure for dismissal due to staff reduction or headcount reduction: difference

You can dismiss an employee by reducing his position or the number of employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). Downsizing involves reducing the position itself. A reduction in headcount means a reduction in the number of staff units for the position of the same name. In this case, the position will be retained, only fewer employees will work in it.

Main reasons for the reduction

The law does not directly establish in what cases an employer has the right to reduce the number or staff of employees. The Constitutional Court of the Russian Federation, in its ruling No. 867-О-О dated December 18, 2007, established that this is the right of the employer in cases where economic necessity requires it. However, in turn, the Supreme Court of the Russian Federation, by ruling No. 19-B07-34 dated December 3, 2007, introduced the rule that in the event of a dispute, the court has the right to verify the need and validity of the reduction.

Thus, an employer who wishes to take such measures must indicate in the layoff order the exact reasons for the dismissal.

As a rule, the reasons forcing workers to be laid off are:

1. Low profit of the enterprise and the inability to pay salaries to the previous staff.
2. Low efficiency of the previous staff and the presence of positions that are not needed.
3. Changes in technology or production organization, in which some workers are unclaimed.

Employee rights

It is not enough to simply fire a person, citing financial difficulties as the reason for your decision. The law obliges the initiator to observe all the rights of a working citizen in accordance with the provisions of labor legislation. Working citizens who have received a copy of the order on the upcoming reduction have the right:

• receive severance pay in the amount of one month’s salary;
• receive compensation for unused vacation;
• receive a salary for the last month worked;
• if the employee was not offered an alternative position and was unable to find a job after being registered with the employment service, within two months receive compensation in the amount of the salary that the employee had at the time of dismissal.

A number of rights and guarantees are provided for in Art. 81 Labor Code of the Russian Federation. Here, the employer undertakes to offer the employee who is being laid off another vacant position at the enterprise (if there is one). If the company has branches or divisions, including in other cities, then the employee may be offered a job there.

An employee can take advantage of another right (Article 179) if he managed to find a job before the expiration of the 2-month period. Here, by agreement with the employer and on the basis of a written statement, he can be fired earlier, but he is paid a benefit in the amount of average monthly earnings.

In addition, with this type of dismissal, persons have the right to severance pay in the amount of two average monthly salaries and unemployment assistance from the employment service for 2 months (Article 178).

Dismissal due to staff reduction: step-by-step instructions 2018

Let's see how it happens dismissal due to staff reduction. Step-by-step instruction 2018 provides:

Additional information The final stage of the staff reduction procedure is the issuance of orders to dismiss employees. Orders are usually issued in a unified form No. T-8. In the “grounds” column, it is necessary to indicate a link to the order to carry out actions to reduce the number of employees, a notice of reduction, and, if available, to the details of the document in which the employee wrote consent to terminate the employment relationship before the expiration of the notice period. Employees need to read this order and leave their signature there.

1. Staff reduction cannot be carried out arbitrarily. An order is required to amend the staffing table indicating the positions that will be eliminated.
2. Next, interested parties are notified: trade union organization, if any. Notification is sent at least two months before layoffs.
3. Also, the Employment Center is notified at least two months before the layoff. A list of persons indicating positions and professions is sent. In case of mass layoffs, the central control center must be notified 3 months in advance.
4. Employees are also given two months' notice. The notification must be in writing, employees familiarize themselves with it against signature. Dismissal of an employee due to staff reduction and before the expiration of the notice period, layoffs are possible upon a written application from the employee. Compensation is calculated for the period remaining before the expiration of the two-month period.
5. The presence of vacancies in the organization obliges the employer to offer these places to laid-off employees. Vacancies may appear within two months from the date of notification; these vacancies must also be offered to employees who have been laid off. Vacancies must correspond to the qualifications and health status of workers, but the entire list is offered. The procedure is documented in writing; if the employee refuses the proposed vacancy, a corresponding entry is made on the offer form and signed. If the employee agrees to the proposed vacancy, a transfer order is issued.
6. After the expiration of the two-month period, an order to terminate the employment contract is issued, which must be familiarized to the dismissed employees.
7. The last day of work is the day of dismissal; the employee receives a work book, calculations and certificates of average earnings. At the request of the employee, the employer is obliged to issue other documents related to his work. The basis for dismissal is entered in the work book - dismissal due to staff reduction, paragraph 2, part 1.

Learn more about layoffs during staff reductions in this video:

General procedure for dismissal due to staff reduction

In general terms, the reduction looks like this:

Decision-making

Any action must always have appropriate documentary support. The decision to lay off must be formalized in the form of an order or instruction from the employer. If this order was not signed by the person whose authority includes making decisions on the hiring and dismissal of subordinates, then the reduction may be considered illegal.

If the regulations or charter of the organization indicate that the director (head of the Main Department, manager) hires and fires, then only he should sign the order starting the reduction procedure. Making such a decision by a deputy will be illegal and may be challenged in court. If the position is currently vacant or the boss is on long-term vacation or sick leave, you should first assign duties to one of the deputies (indicating in the basis, for example, “Due to official necessity”), and only then sign the reduction order.

Union warning

When laying off jobs, preference should be given to those who have higher labor productivity or higher qualifications. In the first case, it is necessary to consider the certification results of all employees, and also take into account the individual performance of each employee. For example, it makes sense to leave the employee who has a lower percentage of defects.

At the moment, there are no exact criteria by which labor productivity should be determined, and therefore the main factor is the subjective opinion of the employer. To avoid conflict situations and accusations of bias, it makes sense to create a commission at the enterprise that will make a collective decision on the level of productivity of each employee.

In the second case, the legislator meant that if it is necessary to lay off one of two employees occupying the same positions but having different qualifications, then the employee with lower qualifications must be dismissed. For example, there are two accountants working in a department. One has a university degree and the other attended college. An employee with a higher education must be retained at work.

If both the qualifications and productivity of workers are the same, then preference should be given to:

• to those who have at least two disabled family members for whom the employee’s income is the main means of subsistence;
• an employee whose family no longer has independent income, for example, an employee who has a disabled mother with whom he lives;
• employees who received an occupational disease or injury at this enterprise;
• disabled combatants received while defending the Motherland;
• employees who, without interruption from work, improve their qualifications in the direction of the employer.

The sequence of mentioning the grounds for the preferential right to remain at work in Art. 179 of the Labor Code of the Russian Federation does not play any role and does not have any legal significance.

Warn the employment service about future layoffs

Some employers ignore this stage, arguing that if this is not specified in the Labor Code of the Russian Federation, then it is not necessary to warn the employment service. But such a rule is contained in Art. 25 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation”, and therefore it cannot be ignored.

The notice period depends on how many employees are planned to be fired:

• 3 months in advance - in case of mass dismissal;
• 2 months in advance - in other cases.

The calculation of mass numbers is carried out in the same way as in the case of a trade union warning.

The warning must be in writing. It must contain information about the profession, position held, specialty, qualifications, and wages of each employee subject to layoffs. Most regions have their own form of the form, so it is better to clarify this issue with an employment service employee.

Information should be given not about the changes themselves, but about the possible dismissal of employees. Even if the employee agreed to the proposed position or does not plan to register with the employment center, information about him must be present in the report.

Failure to comply with this procedure may result in the employee’s reinstatement and payment of a penalty for the period of forced absence. There have already been judicial precedents, so it is better to spend a little time and submit this report.

Warn employees

According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee about the layoff in writing against signature and offer the remaining vacancies. Please note that the law requires that the warning be in writing and issued to each employee individually. The approved sample notice of staff reduction, the main thing is to keep it in writing and address the warning to each employee individually.

In practice, the employee sometimes refuses to read the warning. In this case, it is necessary to draw up an act stating that the warning was read out loud to the employee, and sign this document along with the witnesses.

You can also send a warning by mail with notification of receipt and an inventory of the attachment. You should definitely keep the receipt in order to have confirmation that the employee actually received a warning.

Since the law stipulates “at least two months,” an employee can be notified 2.5 or 3 months in advance. The main thing is to comply with the minimum time frame.

In the warning itself, in order to avoid disputes, it is advisable to indicate the exact date of reduction.

The warning period is not extended by the time of sick leave, so “getting sick” immediately after receiving the relevant document is pointless.

As a rule, the text of the warning already contains information about the proposed positions. In this case, the employer has the right to offer:

• positions corresponding to the employee’s qualifications. For example, an economist may well be offered the position of auditor. In this case, the amount of payment can be either lower or higher;
• positions suitable for the employee due to health reasons. A visually impaired person should not be offered a position that involves working with a large number of small parts, since this is probably prohibited by medical documentation;
• work in the same area. In some cases, the employer can circumvent this provision of the law. For example, an enterprise is a single legal entity, but has many territorial divisions in its structure. If the collective agreement or other documentation states exactly where the workplace is located for each position, then the employer may well offer a place of work located in another region, without formally violating anything.

During the period remaining before the employee's dismissal, the owner must inform the employee about all vacancies that become available. It is better to do this in writing in order to have appropriate confirmation.

Sample notice of staff reduction or headcount reduction

If, when drawing up the notification, there were no vacant positions in the organization, this fact should be reflected.

LLC "Avtozapchasti"
Seller-cashier Ivanova I.I.
Notification
about the upcoming reduction
01.02.2015

Dear Irina Ivanovna!

In connection with the organizational and staffing changes being made at Avtozapchasti LLC, a decision was made to reduce the staff (order No. 602 of January 29, 2015), we inform you that the full-time position of salesperson-cashier you are replacing is being reduced.

In accordance with the requirements of Part 3 of Article 81 of the Labor Code of the Russian Federation, we inform you about vacant positions as of 02/01/2015:

1. Cashier with a salary of 20,000 rubles.
2. Purchasing department specialist with a salary of 25,000 rubles.

If the above positions are not suitable for you, after 2 months from the date you receive this notice, the employment contract may be terminated due to staff reduction (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).
You have the right to terminate the employment contract before the expiration of two months from the date of receipt of this notice.
Upon dismissal in accordance with paragraph 2 of Article 81 of the Labor Code of the Russian Federation, you will be provided with guarantees and compensation provided for by labor legislation.

General Director _______________ Petrov P.P.
______________ Ivanova I.I. has read the notification.

Issue an order

A dismissal order is an important act, without which it is impossible to lay off an employee. This issue should be taken with full responsibility, since it is this issue that is often subsequently challenged by dismissed employees in court.

The order must indicate not only the basis and date of dismissal, but also the number of vacation days subject to compensation. According to Art. 127 of the Labor Code of the Russian Federation, an employee can write a statement and first take a vacation. In this case, the day of dismissal will be the last day of vacation.

As a rule, the order is issued in form T-8 or T-8A, although the law does not prohibit deviations from the standard form if all necessary details are met.

Make an entry in your personal card, work book, make a payment

After signing the order, it is necessary to make a corresponding entry in the employee’s personal card and work book. The entry must duplicate the text of the order, and there must be a link to the relevant article of the Labor Code of the Russian Federation.

When filling out an entry in the work book, one of the reasons for reducing the number of employees, or in connection with a reduction in the number of employees, must be indicated.

A work record may look like this: “dismissed due to a reduction in the organization’s staff, paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation.”

The employee, against signature, reads the order, the entry in the personal card, the work book, and also signs in the work record book, confirming that the book was issued to him. After this, the company makes the final payment.

According to Art. 178 of the Labor Code of the Russian Federation, the employer is obliged to pay severance pay in the amount of the average monthly salary. The collective agreement may provide for higher amounts of payment upon dismissal due to staff reduction.

Issuance of other required documents

Before a former employee leaves the company, he must receive required documents:

1. Employment history. The personnel employee must give it to the person leaving on his final day of work. During this process, a record is made in the journal of the movement of books that the document has been issued, and the person leaving confirms receipt with his signature. In the event that hand-out is not possible - for example, the employee is ill or does not agree with the layoff and refuses to receive the book, then he needs to be sent a written message. It should contain a request to come and receive the book, or to give permission to send it by mail. As soon as such notice is sent, the personnel employee declines responsibility for failure to issue the work permit within the prescribed period.
2. Certificate of salary amounts in form 182n, which was accrued for the two years preceding the year of dismissal. It is drawn up in a form developed by the Ministry of Finance.
3. Certificate of contributions to Pension Fund, which were accrued and transferred during work. It is drawn up in the form approved by the Pension Fund.
4. The employee has the right to request in writing copies or extracts from internal documents companies that affect his work. These could be orders for employment, transfer to another position, promotion, etc.
5. Certificate of average salary for employment authorities. It must be completed within three days from the date of submission. former employee written request. The Ministry of Labor offers a recommended form of certificate, but a company can develop its own, more suitable for the specifics of its activities.
6. Certificate of length of service of the employee in the form SZV-STAZH. If the employer does not issue this certificate, he may be fined up to 50 thousand rubles.

Terms and amount of compensation

Upon dismissal, it is carried out full payment with the employee, in which case he will not only be given the requested certificates, a work book and the employment contract will be terminated, but also a full monetary settlement will be made. The amount given to the dismissed person must include all payments due to him. Among them will be:

1. The amount of severance pay is equal to the average salary for 1 month.
2. The amount of average earnings paid during the job search (for 2 months, sometimes 3).
3. The amount of additional compensation (2 more average monthly salaries).
4. Compensation in cash for all unused vacations.
5. Payments for all unpaid sick leave and travel allowances.
6. Wages for hours worked (the day of payment is also paid).

If there were paid but unused vacation days, the money will not be refunded.

For temporary workers, amounts are calculated as two weeks' earnings.

Compensation for unused vacation

If, before dismissal, an employee did not have time to use his next vacation, although he has the right to do so, he must be compensated financially for this. Compensation in this situation is equal to the amount of accrued vacation pay. Additionally, you will have to write an application to transfer your vacation from current year for the next one.

Payment of the 13th salary upon layoff

Many enterprises have such a bonus as the 13th salary. Employees, not knowing their rights well, sometimes do not even realize that when they are laid off, the employer must pay this bonus to the dismissed person. Even if the reduction occurs in the summer. However, this is only possible if the person has worked for the company for at least a year.

Refusal to pay severance pay by employer

When an employee is dismissed due to reduction, an entry is made in the work book reflecting the dismissal specifically due to reduction (in number or staff), i.e. clause 2, part 1, art. 82 Labor Code of the Russian Federation. There are often situations when the employer offers to resign at his own request or by agreement of the parties, thereby reducing his responsibility for paying severance pay, and in this case another entry is made in the employment record, which will not guarantee the payment of severance pay and the employee will not be able to reimburse the amount of the severance pay. benefits.

If in the work book the dismissal comes from the employer under 2 parts 1 art. 82 of the Labor Code of the Russian Federation, then on the last day of work the employee can count on wages for the time worked, compensation for vacation, as well as severance pay for 1 month.

An employee can apply for severance pay for the second month if he registers with the employment service within 2 weeks from the date of dismissal and does not obtain a job within 2 months. In this case, the employee must apply to former employer with a request for payment and the basis for it and the attachment of a work book, where there is no record of employment. The application for payment is submitted in 2 copies and both are marked with acceptance of the application. Based on the signed application, the manager issues an order for payment. If payment is refused, then a statement with the registration date can be attached to the application to the court. According to the Labor Code of the Russian Federation, there are no deadlines for filing an application for payments for the second month.

Payments for the third month of severance pay can also be received from the employer, but not at your own request, but based on the decision of the employment service inspector. Such a document is binding, but the payment terms for the third month are not specified.

Is it possible to resign early due to redundancy?

Situations often arise that an employee, immediately after receiving a layoff notice, begins to look for a job and finds it. What to do in this case, because before the expiration of the two-month period, the vacancy may be filled by another candidate?

In this case, the employee may exercise the right to terminate the employment contract early. The employee must write a corresponding statement indicating the exact date of termination of the legal relationship, and the employer is obliged to satisfy it. The text of the statement must exclude double interpretation:

1. The request must be stated clearly and in detail.
2. The date of termination must be clearly stated and that the employee is made aware of the termination procedure.
3. Indicate what vacancies were offered.
4. Indicate that the employee wishes to resign early and does not claim the compensation payments due to him.

If an employee quits before the notice period, in addition to salary and compensation for unpaid vacation, he must be paid wages for each working day that he did not complete until the end of the notice.

What to do if labor standards have been violated

One thing worth noting is important point - dismissal due to job reduction most often leads to violation of various labor standards. This is due to the great complexity of the procedure for the employer, the need to make payments to employees already suspended from work and some features of the Labor Code or contract.

Three violations most often occur:

• the employer fired a pregnant woman or a mother with a small child;
• the employer withheld wages, compensation, bonus;
• the employer refused to pay further compensation for two months.

However, it does not matter at all what specific norms were violated, since the method of combating injustice is always the same - contacting the Labor Inspectorate. The Labor Inspectorate is the main supervisory body that ensures that employers and employees comply with labor standards. Therefore, if you are faced with some kind of violation, then you should contact this service.

In order to file a claim with the labor inspectorate, you can:

• fill out the form on the official website;
• prepare a complaint and submit it in person;
• write a complaint and send it in the form of a letter.

After the labor force receives the request, an examination will be carried out. If a violation is actually discovered, the inspector will issue a resolution and force the employer to act according to the law. If the employer does not comply with the requirements, then using the resolution of the labor inspectorate you can sue him.

Appealing actions by an employee in court

In case of unlawful actions, 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 the work report, or from the date of refusal to receive the order or work report under Article 392, Part 1 of the Labor Code), it is necessary to submit an application to the district court to recognize such dismissal as not legal, but also collecting from the employer the amount of average earnings during his absence.

By a court decision, the employee may be reinstated at his previous place of work and may also be able to recover an amount of compensation in his favor for the time he was absent. In particular, they can change the wording according to which the employee was dismissed to dismissal at his own request (Parts 3, 4 of Article 394 of the Labor Code), as well as award moral compensation.

The procedure for dismissal due to reduction: mistakes of employers

Dismissal of personnel due to staff reduction is a strictly regulated process, so the employer must take into account all the nuances before starting the procedure. Common mistakes problems faced by inexperienced downsizing initiators:

1. Pressure on staff. Realizing that an employee who is subject to layoff has a list of guarantees, managers try by all means to force the person to write a statement of voluntary resignation. Methods such as threats and psychological pressure.
2. Inclusion in the list of a citizen who belongs to a preferential category. As already noted, not all employees are subject to redundancy, and the employer must take this into account.
3. Inconsistency. Any measures related to staff reduction must be agreed with the trade union. The Labor Code of the Russian Federation directly states this.
4. No written notice. Written notification of citizens included in the list of reductions is the responsibility of the initiator.

The list is incomplete, since each reduction process is individual. In some cases, disputes are of a material nature: the employee is not properly paid cash bonuses, severance pay, etc.

At the same time, employers, understanding the essence of their actions, do not go into confrontation, but choose a more cunning approach: they promise the employee that they will be accrued wage or a bonus, they ask to meet the management halfway, saying that the enterprise is at risk of complete bankruptcy. In general, all policies are aimed at delaying the process.

How to dismiss due to staff reduction correctly: answers to common questions

Question No. 1

Is severance pay paid to a redundant employee if he works part-time in another organization?

In this situation, the employee will continue to work part-time, that is, he is employed, but the employee retains the right to severance pay upon dismissal (average monthly earnings for the first month from the date of layoff). If the employee continues to work part-time, the average monthly salary for the second month after the layoff should not be paid to him.

Question No. 2

Is it necessary to make payments to pensioners when laying off workers?

A pensioner is the same employee as others, therefore the employer is obliged to retain the employee’s average earnings for the first and second months after dismissal due to reduction. For the third month, it is taken into account that the pensioner receives income in the form of a pension, so no payments will be made.

Video about the reduction procedure

Many business leaders often find themselves having to cut staff positions. In this case, it is necessary to fire employees and issue redundancy orders. This procedure must be carried out only in accordance with established rules.

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When is it published?

There is a procedure for dismissing employees due to layoffs, and the first stage is issuing an order to create a commission.

But this is an optional step, since the decision can be made by the director of the enterprise alone. After the list of dismissed employees has been compiled, the manager issues an appropriate reduction order.

It is important to consider that the document must be issued two months before the immediate dismissal of employees.

If there is a massive layoff, employees should be notified 3 months in advance. But an order to dismiss a specific employee is issued on the day of his immediate dismissal.

Foundation documents

Reduction of staff at an enterprise cannot be carried out without an order to reduce staff, and an order to.

All these documents are drawn up in accordance with the rules established by labor legislation. The registration number of the documents must be entered in the appropriate registration register.

How to draw up a dismissal order due to staff reduction?

An order for dismissal due to reduction has a unified form and must be drawn up in accordance with all the rules.

This document must indicate:

• name of the enterprise;
• organization code;
• the date on which the employee will be dismissed;
• employee personal data;
• structural unit, profession and position of the employee;
• the personnel number that was assigned to him;
• the reason why the employee was fired (staff reduction).

Once completed, the order is signed by the manager. The employee is required to sign that he was familiarized with the document in a timely manner.

If he refuses to do this, then the document is marked “Refused to sign the order” (Article 84 of the Labor Code of the Russian Federation).

If the employee is absent from the workplace on the day of dismissal, the document is sent to his home by registered mail. After the order is signed, all payments are made to the laid-off employee.

Sections and form

Most often, employers, when issuing a dismissal order due to layoffs, use the standard T-8 form. It is not required for use, but has many advantages.

If desired, the employer can easily issue an order in free form, naturally, observing all the rules. As for the sections of the reduction order, the document must have a so-called “header”, as well as an order block in which the manager indicates his decision.

Design rules

There are a number of nuances that should be taken into account when issuing an order to reduce staff:

• the document must indicate the order number and the date of its creation;
• the order should state who exactly made the decision to dismiss the employee;
• in the “I order” block it must be indicated which positions are subject to reduction, as well as structural units and employee salaries;
• at the end of the order the position, initials and signature of the manager are placed.

The dismissal order must indicate the reason why the employee is forced to leave. Based on this document, the corresponding one is then made.

A sample of filling out a dismissal order in 2019 due to a reduction is drawn up as follows:

Sample order with payment of severance pay:

How to notify an employee?

According to the law, the employee must be notified of the layoff two months before (Article 180 of the Labor Code of the Russian Federation).

The immediate manager of the enterprise provides the employee with written notice. The responsibilities of the laid off employee include signing this document.

If the reduction involves the dismissal of two or more people, then an individual notice is issued for each of them.

When the decision to make redundancies was made by the commission, each employee must be familiarized with the minutes of the meeting. Typically, two copies of the notice are created, so one document remains with the employer, and the second can be picked up by the employee.

Within two months, the employer must offer the employee another vacant position at the enterprise.

Vacancies can either correspond to the qualifications and experience of the employee, or be lower paid than his current position (Article 81 of the Labor Code of the Russian Federation).

If a person has several professions, the employer can offer him any relevant job.

Example notification:

If the employee refuses to sign the document

There are often situations when an employee does not agree with the dismissal and does not intend to sign the notice.

In this case, the employer can send the document along with the employee’s statement of refusal to familiarize himself with it to his home address. It is necessary to make an inventory of documents.

The refusal act must be certified by the signatures of two witnesses who were present when the employee refused.

Example of an act:

Where and for how long is it stored?

An order for dismissal due to reduction refers to personnel documents that are stored separately from the rest and have their own numbering. In addition, they are grouped depending on their shelf life.

For example, you cannot keep documents that are stored for 10 years together with documents that are stored for 15 years.

Storage personnel documents carried out on the basis of the List of standard management documents.

As for the dismissal order due to reduction, they are filed in the personal files of employees and are kept for 75 years.

These rules are the same for all state and municipal enterprises, as well as for other organizations that transfer documents to the archive on the basis of an agreement.

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When laying off employees, it is necessary to correctly complete all documents related to this procedure.

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Violation of the procedure established by the legislator will result in the dismissed employee being reinstated in his place. In addition, the employer will need to pay him for the time of forced absence.

The court can render its verdict in favor of the employee, even if errors in the preparation of documents are purely technical in nature.

The reduction order is the act that is issued first. It is this that serves as the basis for all other procedures related to the dismissal of employees for this reason.

The form of the order itself is not approved at the legislative level. It is published in in any form. Such an order must be issued in writing.

Differences from an order to dismiss an employee

In the process of reducing numbers or staff, two orders are issued:

• directly about the reduction;
• about the dismissal of an employee.

Moreover, the first is issued at the very beginning of the procedure, and the second - at the final stage.

A layoff order is issued in order to initiate an organizational event at the enterprise. The dismissal order is formed for each of the employees who have been laid off individually.

These documents contain different information and give rise to different legal consequences.

Reduction of number and staff

Before drawing up an order, it is necessary to pay attention to the difference between the concepts - “reduction in the number of employees”, “staff reduction”.

In the first case we're talking about on reducing the number of employees for all or some positions.

For example, an employer employs 5 salespeople, and he wants to reduce their number to 3.

If individual positions are eliminated, staff reductions and staffing changes occur.

For example, the company has a driver position and it will be eliminated. Consequently, all drivers are subject to dismissal. In practice, there are situations when these two types are used simultaneously.

When drawing up an order, it is necessary to reflect the following information:

• name of the employing company;
• the name of the document is “Order”;
• publication date;
• preamble, which reflects the essence of the document;
• motives and reasons that led to the reduction;
• information about positions that are subject to reduction or an indication of which employees should be reduced (their number);
• if changes are made to the staffing table, then a corresponding order is made and the details of this act are entered;
• persons responsible for carrying out necessary activities, including notification of employees, selection of vacancies, etc.;
• manager's signature.

Sections and form

The order must be issued in writing. This is a mandatory requirement of the legislator.

The following sections may be included in this document:

• preamble;
• order;
• control over execution;
• signatures.

We remind you that the order can be issued in any form, since a single form is not approved in regulations.

Design rules

How to write an order correctly:

• indicate necessary details. including the name of the enterprise, the name of the document, its registration norm and date of publication, the place of drawing up the act;
• the order must have a title that answers the question: “About what?” — in this case, about reducing the number and staff of employees;
• the text consists of two parts – stating and administrative. The first part provides the rationale for administrative actions, and the second provides specific instructions (begins with the words “I order”);
• in the administrative part they are prescribed certain actions and the person who must complete them within the approved period. For example, notify employees properly about layoffs;
• the last paragraph indicates the person who should monitor the execution of the order.

Sample 2019

There were no changes in 2019 that would affect the form and content of this document.

A sample order for staff reduction contains data on the names of positions and the number of staff units that are subject to dismissal.

Example:

How to notify an employee?

In accordance with Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to notify employees about the reduction in number or staff personally against signature at least 2 months before dismissal.

Failure to comply with this requirement will lead to recognition that the termination of the employment relationship has occurred. In this case, each laid-off employee must be offered a suitable vacancy at the enterprise, if there is one.

This document is drawn up in 2 copies, one for the employee, the second with his signature on receipt of the notification remains in the company’s files.

If the employee refuses to sign the document

The legislation does not indicate specific forms and methods of fulfilling the obligation to notify an employee. That is why an employee who refuses to sign a document can be sent it by mail or courier delivery.

Such correspondence must have a receipt receipt. If the employee signs it, the procedure will be carried out according to the law.

Another option is to issue a deed of refusal from painting. In this case, this document is signed by witnesses (at least 2).

Example of an act:

Alteration

If the reduction procedure involves making changes to the staffing table, then this is also carried out subject to certain rules. These actions are also formalized by order.

In such a document you must indicate:

• positions that are subject to reduction and the number of their units;
• effective date of the changes.

This order can be combined with a redundancy document. In such a situation, it is prescribed as one of the points.

Where and for how long is it stored?

The reduction order refers to documents on the main activities of the company. These acts must be kept in the organization permanently until its liquidation.

Where exactly this order will be located is decided by the head of the company.

They are usually collected by HR employees or other employees who are responsible for execution.

Cancellation of decision

If circumstances change and the employer changes his mind about making redundancies, is it possible to cancel the order? The legislator answers this question positively.

In this case, a certain procedure must be followed:

• issuing an order to cancel the reduction order (its main details are indicated - date, number, as well as the reason for making this decision);
• all employees who were to be laid off are familiarized with the order against signature.

The cancellation order itself is formed in an arbitrary form, because a unified form has not been developed at the legislative level.